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HomeMy WebLinkAbout2024-10-01 CC Agenda Packet(�,[,.Ilwater The Birthplace of Minnesota J WORKSHOP MEETING CALL TO ORDER II. ROLL CALL III. CLOSED SESSION 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA No Change to Agenda CITY COUNCIL MEETING October 1, 2024 4:30 P.M. 1. Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney -client privileged communication to discuss the Lakeview Hospital Easement Acquisition Litigation IV. OTHER BUSINESS 2. Cannabis Zoning Standards 3. Downtown Safety Camera Project V. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Interim Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. Library Director 13. IT Manager 14. Human Resource Manager VI. RECESS REGULAR MEETING 7:00 P.M. VII. CALL TO ORDER Vill. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS 15. Stillwater Fire Department Oath of Duty Presentation for Erick Barrera and Devin Cates 16. Proclamation for Fire Prevention Week 17. Riverfront Renewal XI. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 18. September 17, 2024 Regular Meeting Minutes 19. Payment of Bills 20. 2025 Street Improvement Project Soil Boring Agreement 21. 2025 Street Improvement Project Survey Agreement 22. Appointment of Election Judges for 2024 General Election - Resolution 23. Bench Permit for U.S. Bench Corporation 24. Encroachment Agreement for 419 2nd St. S. 25. Fee Schedule Amendment for Liquor License Fee Increase — Ordinance 151 Reading 26. Lumberjack Landing Aiple House Construction Management Agreement 27. Joint Cable Commission and Parks & Recreation Commission Appointments 28. Shoddy Mill and Bergstein Warehouse Design Agreement 29. Social Media Management Contract Renewal XIII. PUBLIC HEARINGS — when addressing Council please limit your comments to 10 minutes or less. 30. Proposed Assessments for 2024 Sidewalk Rehabilitation Project — Resolution XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 31. 3393 Pioneer Place Variance Appeal - Resolution 32. Alcohol Training Ordinance Amendment — Ordinance 11t Reading 33. Sale of General Obligation Capital Outlay Bonds, Series 2024A — Resolution XVI. COUNCIL REQUEST ITEMS 34. Energy Action Committee at Harvest Fest XVII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda October 1, 2024 �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Cannabis Businesses — ZONING STANDARDS BACKGROUND The City currently has a moratorium prohibiting the approval of any new cannabis uses, which expires December 31, 2024. The City's CBD license (now called "lower -potency hemp edibles") will be unenforceable as of January 1, 2025, because the Minnesota Office of Cannabis ("OCM") will be taking over the licensing of all cannabis businesses.' In order to comply with the new state requirements, the City will need to enact a registration process for retail cannabis businesses and adopt zoning regulations for all cannabis uses. With the enactment of the State cannabis laws in 2023 and amendments in 2024, there are 13 cannabis uses legally recognized by the state of Minnesota, all of which need to be appropriately placed in the City's Zoning Code. We will discuss the Zoning Ordinance amendments only at this Council workshop so that the Planning Commission can consider it at its meeting in October. The rest of the ordinance amendments will be discussed at a workshop on November 6. DISCUSSION Pursuant to Minnesota's new laws, a "Cannabis Business" means any of the following: 1. Cannabis microbusiness (commonly known as "seed to sale") This includes cultivation (if indoor in a greenhouse or hoop house, up to 5,000 sq. ft. of floor area devoted to plant canopy or if outdoor, limited to'/z acre — 1 acre of mature plants at one time), manufacturing, retail and on -site consumption, which can be at one location or at multiple locations but issued to one license -holder 2. Cannabis mezzobusiness (larger scale than microbusiness) This includes cultivation (if indoor, up to 15,000 sq. ft. or if outdoor, 1-3 acres), manufacturing, retail at up to 3 locations and on -site consumption, issued to one license -holder It is unclear when the State will be issuing licenses. It was originally anticipated that all licenses would be issued beginning January 1, 2025, but recently OCM indicated it might be 2nd quarter 2025. Memo re Cannabis — Zoning City Council Workshop October 1, 2024 Page 2 3. Cannabis cultivator a. Indoor, up to 30,000 sq. ft. b. Outdoor, up to 2-4 acres 4. Cannabis manufacturer 5. Cannabis retailer (lower -potency and adult use) 6. Cannabis wholesaler 7. Cannabis transporter 8. Cannabis testing facility 9. Cannabis event organizer 10. Cannabis delivery service 11. Lower -potency hemp edible manufacturing 12. Lower -potency hemp edible retailer 13. Medical cannabis combination business. The anticipated license approval process is as follows: For zoning regulations, it is important to know that the City is only allowed to regulate the Time, Place and Manner of cannabis uses in order to protect the public health, safety and general welfare. Time = Hours of Operation Place = Zoning Districts and distances from other uses Manner = Performance Standards It is with these limitations in mind that we prepared these recommendations. Memo re Cannabis — Zoning City Council Workshop October 1, 2024 Page 3 Distance Restrictions: State law allows cities to restrict the distance from cannabis businesses and places where minors tend to congregate such as schools, day cares and public park attractions. In addition, the City has added a 1,000-foot restriction between all cannabis uses so they are not clustered in the same area and a 200-foot buffer from residential properties. Cannabis Retail Sales, Wholesale without Products Map 1 shows the BP-C, BP-O, BP -I Zoning Districts with a 1,000 buffer around the existing lower -potency licensed business (Stillwater Smoke Shop Plus). No other businesses are authorized to sell any lower -potency cannabis products in the City except for Stillwater Smoke Shop Plus. This map shows the 1,000-foot buffer around its location in which no other cannabis retailer could operate. Given the 1,000-foot buffer from between cannabis uses, we recommend that lower -potency retail be allowed anywhere in the BP-C, BP-0 and BP -I and not restricted by other buffers. Map 2 shows the same map and adds a 1,000-foot buffer from schools and parks, and a 200-foot buffer from residential. The area outside of the bubbles is where the adult use cannabis retail could be located. QUESTION: Does the Council agree that Map 1 represents the appropriate areas for lower -potency retail and Map 2 represents the appropriate areas for adult -use retail sales? Lower -Potency Cannabis Beverages: The City's ordinance prohibits the sale of cannabis beverages at on -sale liquor establishments. They are allowed to be sold at off -sale exclusive liquor stores, as well as breweries and distilleries if they manufacture their own cannabis beverages on -site. There are 41 on -sale liquor establishments, 7 off -sale exclusive liquor stores, 2 breweries and 2 distilleries in the City of Stillwater. Map 3 shows the locations of these liquor establishments throughout the City. All of these businesses would be required to register with the City, but the sale of cannabis beverages would be permitted without any additional zoning approval.2 QUESTION: Should the City allow the consumption of lower -potency cannabis beverages as a Permitted Use at all establishments with an on -sale liquor license? 2 You may recall that we prohibited smoking and vaping of cannabis products on public property or in public places in 2023. (City Code 12-125) "Public property" includes city buildings or property owned by the city, including parks and trails. "Public place" is any business generally open to the public. Therefore, we do not need to address smoking/vaping in outdoor seating at restaurants, because we already prohibit that from happening. Under state law, off -sale liquor stores are prohibited from giving samples of cannabis beverages, so no on -site consumption can occur. Memo re Cannabis — Zoning City Council Workshop October 1, 2024 Page 4 If yes, then we are recommending that they be exempt from the distance restriction bubbles and they would be allowed in any zoning district that allows liquor licenses. Zonina Districts for Cannabis Uses Recommendation: Type of AP CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Cannabis Business Low potency edible retail (on- P P P P P P P P P P sale or off -sale liquor Low potency edible retail (not CUP CUP CUP with on -sale or off - sale liquor Adult Use Cannabis retail (not inc. micro, CUP CUP CUP mezzo, medical combo Micro, Mezzo, Transporter, Testing, Medical Combo, CUP CUP Wholesale with product on -site Map 4 Wholesale with no CUP CUP CUP product on -site Cultivation Only CUP Map 5 We recommend all cannabis uses, except for sale of beverages sold at on -sale and off - sale liquor stores, be required to obtain a conditional use permit. There are many justifications for this requirement: First, it allows the City Council to analyze each proposed cannabis use in its location on a case -by -case basis, adding reasonable conditions if necessary. Second, it requires a public hearing, allowing the neighbors to weigh in on the use from the lens of determining the compatibility with neighboring properties. Third, from an enforcement standpoint, the City can address violations of a conditional use permit on a local level without delay. Performance Standards Outdoor Cultivation • Minimum of 20 contiguous acres available for crop • Crops must be setback at least 300' from property lines • Fencing of 6' (state law) + landscaped buffer on outside of fence • Crops cannot be visible from the ROW Memo re Cannabis — Zoning City Council Workshop October 1, 2024 Page 5 Indoor Cultivation (greenhouse and hoop houses only): • Minimum of 5 acres of land Testing, Manufacturing, Micro, Mezzo, Transporter, Wholesaler (with products), Medical Cannabis Combo: • Buildings setback 500' from residential • No exterior storage Map 4 shows the BP-1 and BP-O Zoning Districts for Cultivator, Micro, Mezzo businesses with the other buffers zones but it increases to a 500-foot buffer from residential. Performance Standards for All: • Retail hours of operation limited between 10 a.m. to 9 p.m. • Not allowed with an adult use entertainment business • No retail sales or on -site consumption in AP zone • No on -site consumption of any cannabis except beverages • Cannot be a nuisance (per general definition in City Code) o Enact a new Odor Ordinance in City Code that will apply to all uses • Security Plan as approved by PD • No home occupations (state law) Next Steps After direction is given from this workshop, we will prepare the zoning ordinance amendment for the Planning Commission. Then, we will have another workshop on the registration process and other accompanying ordinances on November 6. The ordinances will be ripe for consideration at the second meeting in November and first meeting in December. ACTION REQUESTED Discuss and provide direction on the ordinance amendments for cannabis uses. Attachments: Map 1 — Lower Potency Retail Sales with 1,000 buffer from existing use Map 2 — Adult use Retail Sales and wholesale products with buffer zones Map 3 — On -Sale and Off -Sale liquor locations Map 4 — Cultivator, Micro, Mezzo, Manufacturing with buffers Map 5 — Cultivator Only wa ter wE a NTH VI.OE OE .-F SOT\ J Nightingale Park 62nd Street North ■ ��! -ter: id r . c� 6 qj Sunrise Park a O 30 a. j 1 �r0 � Wildpines Lane 251 „ rI' t 1801 r. rr Af T Lower Potency Retail Map September 2024 Tree 0 a tpr so �0�� _S �• ``,` 70 t0 - _3ke Park J �. 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Brerye� � ya. >, 2 t p MYttteS W - =e 0 Long Lake Dr * ¢' 2 w �s�� .$r d E 0 Anez Ridge 62 7� 1LSL eelt Ste ' Tower, Park o VG St�U w *Do 3 - Shelton Dr j . N r a, a' 63 �® O o \ Aft1\ a Fronts e AA 66 r-' O m a n F: Highway 36 m p rr' A 0 5,000 51 Diiveste A OAK PARK HEIGHTS Feet Mile 0 0.95 Teddy �r stet 0�sidc. V0t811d08 Std1u+ wa Wr 1N6 Bi NTN PLACE OF NINN E SOTS Nightingale Park Brewers CD 62nd Street North JO7 OC Q J � � J O 3° Z� a J� �O Wildpines Lane >y X m v Cannabis Industrial Map September 2024 P`re Tr "A dam. 5� �e > m a Q 0 o m O m t4 U :E Orleans Street West 1500 1655 % - -c N CD N Curve Chest Boulevard Lo Lft!� a N is1�.e""�_`="'+47nc�.b�C�L•iE 3 IIN 0 6op6m Park Amenities Parcels }: Cannabis Business p City Boundary Cannabis Business Buffer (1,000 ft) Zoning Districts LCnml School Buffer (1,000 ft) BPI: Business Park - Industrial Park Amenities Buffer (1,000 ft) BPO: Business Park - Office 0 Residential Zone Buffer (500 ft) s° C, O �j �L Stirrey Lace -X co a a m a, sv 0 0 0 V a 1730 "' 1770 180 1815 N� e Shop j t a,� a C9 r O co ¢i 1709 1749 1792 1850 1815 1 2 1875 190 Shelton Drive 0 1918 1940 66 Map 4 U j 1 mmmm= Miles ttOC�Ve � � A OG � m L � R L O Harrie�0 60th-Street.North O z o ° z c a N Feet E 0 17000 a • . 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Quinn Kaplan 2092 5th Street White Bear Lake, MN 55110 Dear Members of the City Council, My name is Quinn Kaplan, I am the owner and CEO of Twin Cities Cannabis Club and I live at 2092 5th Street in White Bear Lake, Minnesota. I am speaking with you today (Tuesday, October 1st) with the intention of suggesting the implementation of a Special/Luxury Adult -Use Cannabis Zone located within the Downtown District in Historic Stillwater, MN. For 12 years I have been working towards a dream of opening a high end Cannabis Dispensary and Lounge that offers a more complete experience for the discerning Cannabis consumer. Twin Cities Cannabis Club will be a destination for Cannabis consumers, and newcomers alike, across the state of Minnesota who have a taste for quality or a desire to learn more about the plant they consume. The ideal location for the type of luxury dispensary and lounge I have planned would be a place of substantial physical beauty as well as historical relevance. Stillwater has both physical beauty and historical relevance. Stillwater also boasts a wonderfully cultivated Downtown District that is thick with history and culture, and spotted with amazing boutique shops and quality establishments for both dining and getting a drink! For these reasons I believe that a Special/Luxury Adult -Use Cannabis Zone in Downtown Stillwater would foster an already growing culture of quality and recreation in the area, provided that the cannabis businesses allowed into that District follow a strict set of rules regarding the presentation of the business as well as operating standards. As the CEO of Twin Cities Cannabis Club, I have a plan to operate at the peak of high standards in order to add as much value as possible to the surrounding area of my business. I hold myself personally responsible for ensuring that my business and its staff leave a positive impact upon anything we do. As we get closer to Cannabis Legislation as a State, I would be more than happy to offer any knowledge or insights that I have regarding anything concerning Cannabis and how it can fit into your City. I want to help in any way that I can so please don't hesitate to reach out with any questions, comments or concerns! Thank you very much for your time and thank you for the opportunity to speak before you today! Warm Regards, Quinn Kaplan Cannabis laves and Ordinances In 2022, the legislature legalized edible cannabinoid products in Minn. Stat. §151.72 (CBD) • Hemp derived • No more than 0.3% THC • Now called "Lower -potency" • Today allowed in BP-C, BP-0 and BP -I as Conditional Uses • The only business authorized to sell Lower -Potency is Stillwater Smoke Shop Plus 2023-2024 Legislation Cannabis Business: Any of the following establishments licensed under Chapter 342: (1) cannabis microbusiness; (2) cannabis mezzobusiness; (3) cannabis cultivator; (4) cannabis manufacturer; (5) cannabis retailer; (6) cannabis wholesaler; (7) cannabis transporter; (8) cannabis testing facility; (9) cannabis event organizer; (10) cannabis delivery service; (11) Lower -potency edible mfr; (12) Lower -potency edible retailer; (13) Medical cannabis combination business. ON 111 ro, I's Lower -Potency Adult■Jse Retail Manufacturing Cultivation CUP 1,000" between uses No other buffer zones ]WateC Lower Potency Retail Map ""'°"" °` "'""'°'" September 2024 CITY INLET P1ne Tr�� ;. c 7 y� s�n.re Parx ♦ I o�D Q. 4y �04 ��R ♦. 64, d. •611� D fx LIIY Lake Park V o o Z m a ,f C' • I Surrey Lane m ,• O� NigM1tinga�e Park ,� q y f r • Aef 1465 U y L 6ensOn Park Dt` ,� 2500 fI Wildpines-Lane� i a L Orleans Street West orr tsao S �e ` Miles a °�2 1660 f sett Dtive •o v ' 0� �6$e 1666 l O 1709 N 7 � � ,7Jo Brewers! �. A�. Z610 R r a 1750 N 1770 1778 1749 .� Curve Crest Boulevard y1�B n �iki m n - i6Ts - 1792 �° 1`�e © N !!R 1901 ao d/ i 1815 Harrie�0 1801 2000 QQ 1826 1836 1845.,. 1850 xl ;S ¢' 16is = _ 2 1675 JI nM1e: weae Park 62nd Street North laze o; N 19,6'Im Tover Drive ' N, - 1 _.- Shelton 1901 Gm 2001 iL 166m Iro 1961 2610 tC 66 O dZ -' - zort e t 2�° c e f � Frontage Road West -7�� Hiahwav-46 = - C Z r Parcels Zoning Districts r Cannabis Business BPC: Business Park - Commercia Cannabis Business Buffer (1,000 ft) BPI: Business Park - Industrial City Boundary BPO: Business Park - Office O m C O O Z C n J0 Z 4 N � C c P.1m � m re \9a yc rr J Feet w�E s 0 1,000 s 8th Street Nortl CUP A11 buffer zones �Cillwater Adult Use Retail Map a o � ? i L i Je C o � ,s• �89 m CC L� O 0. rc 3° r.o NiBmingate r�:. 4 1465 A m C ryes U t O Wildpines Lane 2500 Orleans Street West September 2024 Q`,¢ Treece d. O N O Q o iO� Surrey Lane x N d N a y m a c � hr a ° sEl uoo 1660 1655 OretlDt'Ve N G � m o 6 709 m rn 1730 Br¢WeIS! 1750 N a 3 Curve Crest Boulevard - 1770 ^ 1778 1749 h J2y8 a N o N 1901 m�,.,���q� 1809 1E15 1825 1792 o dye © 1801 ry "1� 1835 q 1845 1815 1850 "D( L•Iarrl¢ ryo 3 ^� ct��r~��`��'- 1875 j 1862 1875 Street eetNOlrh / y. Tower Drive ° 0 to 1920 O 1946 m N Stlllwater6mokeShopPlas 'N 7902. Shelton Drive 1901 N w 1. — 2001 1918 1940 j C ry Z 1951 2000 C 1987 _ m a ��2021 r o 2000 1570 W 2081 o N g068 1180 F, Frontage Road West C Parcels Park Amenities Buffer (1,000 ft) t L z 7 Cannabis Business O City Boundary \ 0 �, 0 0 Cannabis Business Buffer (1,000 ft) Zoning Districts °r° School Buffer (1,000 ft) BPC: Business Park - Commercial Residential Buffer (200 ft) BPI: Business Park - Industrial Z Feet wE • Park Amenities BPO: Business Park - Office o° 0 0 _ 000 _ s 8th Street Nortl •Allowed at off -sale exclusive liquor stores (7) and breweries/distilleries (4) • No CUP • No buffer zones • Off -sale only • But we prohibit on -site consumption = not sold at bars or restaurants with on -sale liquor license • There are 41 on -sale liquor licenses QUESTION: Do you want to allow lower -potency beverages at on -sale liquor establishments as follows: • Permitted Uses (they still have to register with the City) • Without buffer zones • In all zoning districts Or should there be zoning restrictions? W— Paa x twee^ L^ South 11% TWIIi 64 Mckusick Road North 3� %I xy Oat Glen U, STIL LVIATER TOWNSHIP 8 se° M1 a N A& Oak aenl `�^ Hazel StW sd.Wenbar¢ mks q .;y Poplar St W Galak�k a 2 < 4is ca��rv'a�b z F r, 7 2024 Liquor License Map September 2024 License Type Off Sale (10) M c as,w Mama SI W c � , "vdi ` Cocktail Room w/MicroDistillery (2) O Club On Sale (1) E"g Rids•irl a.,irAa m Micro Distillery Off Sale (2) © n SRoom eoTn s,N�a irk a % s ga w.�. ro� $ Brewer Off Sale (2) O P On Sale (2) IL < WIN- a w wamts s Em F W.ks vark Ys S4pha Pa,� ii � � Zara Elm Sr W A � Elrrr 5 Hkk" St w MP.W Pa e. 0 3 Lwrel St W y g O o 5 MaaWxdarN Dr v w m+^°`w y /� , • • ® , 7r.Nh_StnaCNo __ z '- egYN y w Northland b Loaf fig kinlben S! W P-Sett era m - yPark �9 �Y 9A WEi MYR/e Stre' �fto � 'U@sm Nm Z O i i yyE ^� e p5b to 96� eT '�a'a M>»ia v W r✓ • ' a*'tl Hd 72Ntl o Inlerlx Dr Pok m awa y _ E .amklark y ai.asW idem st .pliv 5tn•t=West in Tn o N Pi,!St y ffi $' OakrihF Ra � � g d � � �a„a s,w a a'lYaYa eeal'i as ePark : Qq aM,wog �a scare er W511eN stW Sy m w N Nt iyele P i Lo Eben`Y St W Li X Atr c fi jh d a' OARi wuaaat� ar En e y © e F F w*� \ •� �" a © AndP,aan s, w gn.maex` a oaawaaasr c A �s€g kkstw at ist i Beow 4V�C Woe°'�rv'�i swrise Part r Pd Hwrkke BurF^9ton 5NE£ v N G"mmemi¢ 3 e¢eaEs Pa.k rvieM1dn¢ak D= w Marsh St W Marsh St E M Par4 m e on Par 1 e ^ ....0o cS means SY Wms x DnFs'9 r-65t P arth P."- MYM1Ie9E. S 8 c Eve Dry * }^ Park Axcyazebo arowen� yb� e x ''y—E� MYrvre saW - Long lake a ¢ Y - N rq 5tN 3Tow� E 1 ae o 62 6ZtSBeeTEast 1 - shelton Dr Par `x : m 1 Dhesma s a' 63 7c Eron�a e ALRd w y z Highway 36 0 5,000 s otrvestE ♦, OAK PARK HEIGHTS Feet Mlle omp5`W tk 0 0.95 Teddy i i0 Feet Micro, Mezzo, Mfg Testing, Medical Combo Performance Stds 500' from res. No exterior storage No Retail No on -site consumption CUP Buffer Zones tilh Nlghring Ie Park M7aaen Valley Lane Je eG Q O1c yJ „ J D J 3° D� a `ea OJ 10 Wildpines Lane 2 y `13 Brewers m 62ntl Street North O Cannabis Industrial Map September 2024 P`oe Tr 6 d, z� �e �a ' = o m c O 0 O N to to C N U x Orleans Street West 1500 ° s� A Cj eL Surrey Let" s @ d N a li to ° o J "U Q( 1655 1730 Curve Crest Boulevard 1770 n � i Tower Drive D y St0[water Smoke Shop Plus CO i y m A 3 H L 3 00 1951 2000 C 1987 Z • Park Amenities C Parcels ,�Z Cannabis Business City Boundary O Cannabis Business Buffer (1,000 ft) Zoning Districts School Buffer (1,000 ft) BPI: Business Park - Industrial Park Amenities Buffer (1,000 ft) BPO: Business Park - Office Residential Zone Buffer (500 ft) Frontage Road West 1950 Z r < r m =o N • \ ° J 0 q1 P� Z O 0 1749 le15 ,e75 OPTION 1 N Ortye U A O K y 92 m O) O Herriel :• I t t= z O Z c z m j N � c Q Feet w-E 0 1,000 s Remove the 1,000 buffer from retail Reduced School buffer from 1,000' to 500' �Cj�j�Vatc�- ��--� Cannabis Industrial Map October 2024 OPTION 2 Hrdyen Valley Lane Q`dg Tree CITY INLET %y y i c ,m St I o o al 764' oo. o i $ 'a �L Surrey Lane % y a Ya l o° a�a o o a rn c a o_ m ti Jim rn Wildpines Lane yea Orleans Street West _ _ Ell 6 h� 0 1 Miles 1500 1655 - - p m _ _- ., 173oBrewersCurve Crest Boulevard m i ^° z 1901 1815 1825 2000 - 1826 1835 184 P1862 Harr0 n r62nd '. Stre "^ et Norrh O Q 1875 y Tower Drive ^ ^ ° 0 •W, rive 2000 c'1987p Z1951 • v 'L4 \ 12 ® Frontage Road West ® Highway 36 z 60th.Street.North C ° • Park Amenities C Parcels d w z = o t z Cannabis Business O City Boundary z a Park Amenities Buffer (1,000 ft) Zoning Districts yL ,ac�a o N Residential Zone Buffer (500 ft) BPI: Business Park - Industrial Feet wE School Buffer (Reduced from 1,000 ft to 500 ft) = BPO: Business Park - Office z °a 0 1,000 s Perk 00- Ln South 11% Twin a7m� h s4 Mck kR dNortha 3 =wenen� oa-Glen in STfLLWATER TOWNSHIP L o-� a m nla� J Oak Ge^� ` �4s P ulenburg t Hazel 9t W ark 6 6 O Poger 6t W d m Me eY ✓ar P�Iria �v.ndl g rk p 6 Slw 2 EaBle Rltlya Trl zxm coo.; nwe P Margea 4 Saint Gob Nve W BOm StN Fak ez O 511lrveler Avaw '7'�wm.rnreE x O £ wi&ins 6l Em wbw Rg I Wllkma St s�Pls Park Works Park l m a'^ sl W S��/ +Mage w M�uPek stvAce-2 �; 7 L� reI St W P � k 0 MeatlOWl Dr Z n ape vry N (� ® 76th Street Ner<h untlen 5< W m 5 r 0p•Ty9 M Loo,E �Memaey slw e Parkes %e b eVd i� m.mY & 8 4a ¢' E a sw = ig, w O ��ra ae TZNe S` naeneh tx s s it x+m ° eandsoawtll°ark Olivteyl West th vRty v y `N M�Sek ® Fe E O� dII• d\Or �+� Oakrltlge Rtl $ Pone StW ur wa..Sw s pw5 a e vark ➢ Wn . i E m Wf11aN 5[ W o ir- 6 ark sae r � 5E i �N�od by Pp .� � S r WwF r6ton NbtWi 3[ W x yr N vi '� m rtlPa� �yT & = Llr eaw�uae Pak CM1urch 6[ � n Yn m � Ehae O wimoae` to y Le y nm s W w c Ra S yr, ��,m �� fin st W 6u k 51 E DuhN ue m WyPy 5 su se Park s a lily lake rlingbn St E Qe s Par mg s nn C m P n Pa D a* W Marsh St W Marsh s N m 8 .2° Parkale � o � .r w oi•= Orleans9wenso �.y]r6&h.S •Nort1— sa:ebo vark 3���0 Everett or% re Pan e 'W----€€f bnB lake Or 3 � ¢ m Z s2 E � nez Rlrge s" Tower Dr _t. pr Park 63 n eaRtlW ss ',jjlwater Cannabis Cultivation Map September 2024 Acceptable Cultivation Parcel (> 20 acres) 0 Waterbodies Green Spaces Owner Name Acres GADIENTROSALIEATRS 29.26 LAKEVIEW MEMORIAL 0 5,000 63.83 Feet HOSPITALASSOC INC Mile N 0 0.95 Performance Stds Outdoor (20 acres) Indoor (5 acres) Fence Screening No Retail No on -site consumption CUP Buffer zones a Comply with parking of most intense use Only 2 exterior signs (no flashing) Cannot be a nuisance (as defined by code) Recommend Odor Ordinance i Security Plan approved by No Home Occupations Police Dept. • PC Zoning Ordinance on 10/23 or 11/27 • CC Workshop -Registration Process on 11/6 • CC first reading no later than 12/3 • CC final adoption no later than 12/17 • Zoning • City Code (Registration/Odor) • Fee Schedule 11 ater, w THE BIRTHPLACE OF MINNESOTA DATE: October 1, 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 $2,313,044.27 has been sent to the Mayor and City Council Members to approve for payment. City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,680,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2024A, AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $3,680,000 General Obligation Capital Outlay Bonds, Series 2024A (the "Bonds" or, individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, and Sections 10.4, 10.5 and 10.6 of the City's Charter, to finance (i) the 2024 Capital Outlay needs of various City departments; and (ii) finance various permanent improvement projects (collectively, the "Project") as more fully described in Resolution No. 2024-101 duly adopted by the City Council on September 3, 2024; and WHEREAS, the City has retained Baker Tilly Municipal Advisors, LLC, in St. Paul, Minnesota ("Baker Tilly MA "), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Baker Tilly MA; and WHEREAS, it is in the best interests of the City that the Bonds be issued in book -entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of KeyBanc Capital Markets, Cleveland, OH (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $4,078,619.85, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is accepted and the Bonds are awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated October 30, 2024, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R 1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: 134750368v2 Year Amount Year Amount 2026 $320,000 2031 $470,000 2027 385,000 2032 490,000 2028 405,000 2033 515,000 2029 430,000 2034 105,000 2030 450,000 2035 110,000 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the 'Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting 2 134750368v2 rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any 134750368v2 actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book -Entry OnlySystem. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2025, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: 0 134750368v2 Maturity Interest Rate Maturity Year Interest Rate 2026 5.00% 2031 5.00% 2027 5.00 2032 5.00 2028 5.00 2033 5.00 2029 5.00 2034 5.00 2030 5.00 2035 5.00 5. Redemption. All Bonds maturing on February 1, 2034, and thereafter shall be subject to redemption and prepayment at the option of the City on February 1, 2033, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written instrument of transfer in form satisfactory to the City and Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Re isg tray. U.S. Bank Trust Company, National Association, in St. Paul, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 134750368v2 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILLWATER R- $ GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2024A Interest Rate Maturity Date of Original Issue CUSIP % February 1, 20 October 30, 2024 860745 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2025, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank Trust Company, National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and n 134750368v2 notice with respect thereto shall be made as provided in Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2034, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2033, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds thirty (30) days prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $3,680,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, redemption privilege and denomination, issued pursuant to and in full conformity with the Constitution, Charter of the Issuer and laws of the State of Minnesota, and a resolution 7 134750368v2 adopted by the City Council on October 1, 2024 (the "Resolution"), for the purpose of providing money to finance the Issuer's various capital outlay projects and various permanent improvement projects. This Bond is payable out of the General Obligation Capital Outlay Bonds, Series 2024A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exempt Obli ag tion. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, Charter of the Issuer and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, 134750368v2 have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature Registrable by: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION Payable at: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk 6 134750368v2 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not affect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 10 134750368v2 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue which is October 30, 2024. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 11 134750368v2 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Capital Outlay Bonds, Series 2024A Fund" (the "Fund"), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other accounts maintained in the official financial records of the City. The Fund shall be 12 134750368v2 maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds. From the Capital Account there shall be paid all costs and expenses of making the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Capital Account, the balance shall be transferred by the Council to the Debt Service Account. (b) Debt Service Account. There are hereby pledged and there shall be credited to the Debt Service Account: (i) all collections of taxes herein or hereafter levied for the payment of the Bonds; (ii) all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (iii) all investment earnings on moneys held in the Debt Service Account; and (iv) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the Debt Service Account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an amount not greater than five percent of the proceeds of the Bonds. To this effect, any sums from time to time held in the Capital Account or Debt Service Account (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Capital Account or Debt Service Account shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Lew; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: 13 134750368v2 Year of Tax Lew Year of Tax Collection Amount See attached Levy Schedule in Exhibit B The tax levies are such that if collected in full they will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid 14 134750368v2 (collectively the "Program"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Program; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Program, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds, and not later than three years after the later of (i) the date of the payment of the Reimbursement Expenditure, or (ii) the date on which the Program to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be 15 134750368v2 enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 20. General Obligation Pledgee. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Registration and Tax Levy. A certified copy of this resolution is hereby directed to be filed with the County Auditor of Washington County, Minnesota, together with such other information as the respective Auditor's shall require, and there shall be obtained from the County Auditor a certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small -issuer exception amount of $5,000,000. 16 134750368v2 For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Bonds are issued by a governmental unit with general taxing powers; (ii) no Bonds are a private activity bond; (iii) 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (iv) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 25. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2024 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2024 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Baker Tilly MA, is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 17 134750368v2 Adopted by the Stillwater City Council this 1st day of October, 2024. ATTEST: Beth Wolf, City Clerk IN CITY OF STILLWATER Ted Kozlowski, Mayor 134750368v2 EXHIBIT A PROPOSALS $4.130.000' CITY OF STILLWATER, MINNESOTA bakertilly MUNICIPAL ADWSORS GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2024A Moody's Rating: Aa2 Sale Date: October 1, 2024 BBI: 3.8 1;-a Average Maturity: 5.204 Years Keybanc Capital Markets 2.7636% TD Securities LLC 2.7712% Hdtop Securities Inc. 2.7858% Robert W. Bard & Co., Incorporated 2.8065% Brownstone Investment Group, LLC 2.8092% Northland Securities, Inc. 2.8208% Piper Sandler & Co. 2.8223% BOK Financial Securities. Inc. 2.9067% Raymond James & Associates, Inc. 3.0205% Interest Reoffering Reoffering Winning Bidder Information Maturity Rate Yield Price KEYBANC CAPITAL MARKETS 2/1/2026 5.00% 2.48% 103.085% 2/112027 5.00% 2.42% 105.619% 2/112028 5.00% 2.45% 107.922% 2/1/2029 5.00% 2.46% 110.193% 2/112030 5.00% 2.53% 112.073% 20/2031 5.00% 2.61% 113.702% 2/1/2032 5.00% 2.69% 115.124% 2/1.,2033 5.00% 2.71% 116.828% 2.112034 5.00% 2.76% 116.426% 211/2035 5.00% 2.83% 115.867% Purchase Price: $4,%7,678.00 Net Interest Cost. S637,020.61 TIC: 2.7636% Subsequent to h4apening, the paramount decreasedto S3,680,000 and the price, met interesicost and Yue Marest cast have changed to S4,078,6t9 85, S562,39126 and 2 7660% respecirvely. Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and controlled subsidiary of Baker Tilly Advisory Group, I.P. Baker Tilly Advisory Group, LP and Baker Tilly US, LLP, trading as Baker Tilly, operate under an alternative practice structure and are members of the global network of Baker Tilly International Ltd., the members of which are separateand independent lega lentities. Baker Tilly US, LLP is a licensed CPAfirm and provides assurance services to its clients. Baker Tilly Advisory Group, LP and its subsidiary entities provide tax and consulting services to their clientsand are not licensed CPAfirms. ID2024 Baker Tilly Municipal Advisors, LLC A-1 134750368v2 EXHIBIT B SCHEDULES Final $3,680,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2024A Issue Summary Post -Sale Tax Levies Payment 105% Levy Levy/Collect Date Principal Coupon Interest Total P+l Overlevy Amount Year 02/01/2026 320,000.00 5.000% 230,511.11 550,511.11 578,036.67 578,036.67 2024/2025 02/01/2027 385,000.00 5.000% 168,000.00 553,000.00 580,650.00 580,650.00 2025/2026 02/01/2028 405,000.00 5.000% 148,750.00 553,750.00 581,437.50 581,437.50 2026/2027 02/01/2029 430,000.00 5.000% 128,500.00 558,500.00 586,425.00 586,425.00 2027/2028 02/01/2030 450,000.00 5.000% 107,000.00 557,000.00 584,850.00 584,850.00 2028/2029 02/01/2031 470,000.00 5.000% 84,500.00 554,500.00 582,225.00 582,225.00 2029/2030 02/01/2032 490,000.00 5.000% 61,000.00 551,000.00 578,550.00 578,550.00 2030/2031 02/01/2033 515,000.00 5.000% 36,500.00 551,500.00 579,075.00 579,075.00 2031/2032 02/01/2034 105,000.00 5.000% 10,750.00 115,750.00 121,537.50 121,537.50 2032/2033 02/01/2035 110,000.00 5.000% 5,500.00 115,500.00 121,275.00 121,275.00 2033/2034 Total $3,680,000.00 - $981,011.11 $4,661,011.11 $4,894,061.67 $4,894,061.67 - i 2024 Sidewalk Rehabilitation Project Assessment Hearing Project Schedule Public Hearing Approve Plans/Authorize Bid Accept Bids/Award Contract Construction Cost Declaration Final Assessment Hearing April 2, zo24 April 16, 2024 May 7, Zo24 May — October, 2024 September3,2oz4 October 1, 2024 Project Update and locations Total sidewalk replacement Area: 6,949.71 S.F. Up to date all the work is complete. ® HMO ftM0 C O•� Q � wiEtl Y « ♦.YM � f p r 't! i] Ea b w • i � y �{ _ �_ _ NEEEMOAr u..w . « ♦ S� M y /w+ __ rr e •�ew+ a #p rw.E.Ew 9 i • ow. se M •( • e f. �I f.wM Crrenl Y W • • � • L*L" M Y�.►.�� 7 �� g •t` -01 �OV• � � E„"b: L• EP y, s � t ��, r•,. � 6 i 6 c )S) ( u,,, •„ s �E 2024 Sidewalk Project Locations March 2024 Project Locations City Features ON Hall Fire Department G" Hospital Public Library Waterbodies Green Spaces School Zones 0 5.000 t Mile AN 2024 Sidewalk Rehabilitation Project Project Summary Project is complete and all sidewalk is replaced. Up to date we received one objection to their assessment. Properties involved: 34 Privet and commercial Properties, and few City owned parks and buildings. Sidewalk replacement Area: 6,949.71 S.F. Replacement ranges from 4.2 SF to 748 SF. Feasibility Estimated cost: $182,016 021 Sidewalk Rehabilitation 'roject Project Cost and Financing Total Project cost: $123,676.26 Total assessment at 50% of cost or $22,586.19 Assessed cost: $8.65 per square foot Assessment range from $36.43 to $6,472.08 Payment Information Pay partial or whole amount by November 151h F 2024 ':' Balance as of November 15th, 2024 added to tax statement at 5.07% interest rate Payment term: 5 years for assessments less than $3,000 and 10 years for assessments of $3,000 or more. 2024 Sidewalk Rehabilitation Project Sample Assessment Calculation Sample Assessment = $500.00 5-year term, 5.07 interest Year Principal Interest Total 1 $500.00 $25.35 $125.35 2 $400.00 $20.28 $120.28 5 $100.00 $5.07 $105.07 2024 Sidewalk Rehabilitation 'roject RECOMMENDATION Conduct hearing Approve assessment roll (�,[,.Ilwater The Birthplace of Minnesota J WORKSHOP MEETING CALL TO ORDER II. ROLL CALL III. CLOSED SESSION 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING October 1, 2024 4:30 P.M. 1. Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney -client privileged communication to discuss the Lakeview Hospital Easement Acquisition Litigation IV. OTHER BUSINESS 2. Cannabis Zoning Standards 3. Downtown Safety Camera Project V. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Interim Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. Library Director 13. IT Manager 14. Human Resource Manager VI. RECESS REGULAR MEETING 7:00 P.M. VII. CALL TO ORDER Vill. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS 15. Stillwater Fire Department Oath of Duty Presentation for Erick Barrera and Devin Cates 16. Proclamation for Fire Prevention Week 17. Riverfront Renewal XI. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 18. September 17, 2024 Regular Meeting Minutes 19. Payment of Bills 20. 2025 Street Improvement Project Soil Boring Agreement 21. 2025 Street Improvement Project Survey Agreement 22. Appointment of Election Judges for 2024 General Election - Resolution 23. Bench Permit for U.S. Bench Corporation 24. Encroachment Agreement for 419 2nd St. S. 25. Fee Schedule Amendment for Liquor License Fee Increase — Ordinance 111 Reading 26. Lumberjack Landing Aiple House Construction Management Agreement 27. Joint Cable Commission and Parks & Recreation Commission Appointments 28. Shoddy Mill and Bergstein Warehouse Design Agreement 29. Social Media Management Contract Renewal XIII. PUBLIC HEARINGS —when addressing Council please limit your comments to 10 minutes or less. 30. Proposed Assessments for 2024 Sidewalk Rehabilitation Project — Resolution XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 31. 3393 Pioneer Place Variance Appeal - Resolution 32. Alcohol Training Ordinance Amendment — Ordinance 111 Reading 33. Sale of General Obligation Capital Outlay Bonds, Series 2024A — Resolution — Available Tuesday XVI. COUNCIL REQUEST ITEMS 34. Energy Action Committee at Harvest Fest XVII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda October 1, 2024 �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Cannabis Businesses — ZONING STANDARDS BACKGROUND The City currently has a moratorium prohibiting the approval of any new cannabis uses, which expires December 31, 2024. The City's CBD license (now called "lower -potency hemp edibles") will be unenforceable as of January 1, 2025, because the Minnesota Office of Cannabis ("OCM") will be taking over the licensing of all cannabis businesses.' In order to comply with the new state requirements, the City will need to enact a registration process for retail cannabis businesses and adopt zoning regulations for all cannabis uses. With the enactment of the State cannabis laws in 2023 and amendments in 2024, there are 13 cannabis uses legally recognized by the state of Minnesota, all of which need to be appropriately placed in the City's Zoning Code. We will discuss the Zoning Ordinance amendments only at this Council workshop so that the Planning Commission can consider it at its meeting in October. The rest of the ordinance amendments will be discussed at a workshop on November 6. DISCUSSION Pursuant to Minnesota's new laws, a "Cannabis Business" means any of the following: 1. Cannabis microbusiness (commonly known as "seed to sale") This includes cultivation (if indoor in a greenhouse or hoop house, up to 5,000 sq. ft. of floor area devoted to plant canopy or if outdoor, limited to'/z acre — 1 acre of mature plants at one time), manufacturing, retail and on -site consumption, which can be at one location or at multiple locations but issued to one license -holder 2. Cannabis mezzobusiness (larger scale than microbusiness) This includes cultivation (if indoor, up to 15,000 sq. ft. or if outdoor, 1-3 acres), manufacturing, retail at up to 3 locations and on -site consumption, issued to one license -holder It is unclear when the State will be issuing licenses. It was originally anticipated that all licenses would be issued beginning January 1, 2025, but recently OCM indicated it might be 2nd quarter 2025. Memo re Cannabis — Zoning City Council Workshop October 1, 2024 Page 2 3. Cannabis cultivator a. Indoor, up to 30,000 sq. ft. b. Outdoor, up to 2-4 acres 4. Cannabis manufacturer 5. Cannabis retailer (lower -potency and adult use) 6. Cannabis wholesaler 7. Cannabis transporter 8. Cannabis testing facility 9. Cannabis event organizer 10. Cannabis delivery service 11. Lower -potency hemp edible manufacturing 12. Lower -potency hemp edible retailer 13. Medical cannabis combination business. The anticipated license approval process is as follows: For zoning regulations, it is important to know that the City is only allowed to regulate the Time, Place and Manner of cannabis uses in order to protect the public health, safety and general welfare. Time = Hours of Operation Place = Zoning Districts and distances from other uses Manner = Performance Standards It is with these limitations in mind that we prepared these recommendations. Memo re Cannabis — Zoning City Council Workshop October 1, 2024 Page 3 Distance Restrictions: State law allows cities to restrict the distance from cannabis businesses and places where minors tend to congregate such as schools, day cares and public park attractions. In addition, the City has added a 1,000-foot restriction between all cannabis uses so they are not clustered in the same area and a 200-foot buffer from residential properties. Cannabis Retail Sales, Wholesale without Products Map 1 shows the BP-C, BP-O, BP -I Zoning Districts with a 1,000 buffer around the existing lower -potency licensed business (Stillwater Smoke Shop Plus). No other businesses are authorized to sell any lower -potency cannabis products in the City except for Stillwater Smoke Shop Plus. This map shows the 1,000-foot buffer around its location in which no other cannabis retailer could operate. Given the 1,000-foot buffer from between cannabis uses, we recommend that lower -potency retail be allowed anywhere in the BP-C, BP-0 and BP -I and not restricted by other buffers. Map 2 shows the same map and adds a 1,000-foot buffer from schools and parks, and a 200-foot buffer from residential. The area outside of the bubbles is where the adult use cannabis retail could be located. QUESTION: Does the Council agree that Map 1 represents the appropriate areas for lower -potency retail and Map 2 represents the appropriate areas for adult -use retail sales? Lower -Potency Cannabis Beverages: The City's ordinance prohibits the sale of cannabis beverages at on -sale liquor establishments. They are allowed to be sold at off -sale exclusive liquor stores, as well as breweries and distilleries if they manufacture their own cannabis beverages on -site. There are 41 on -sale liquor establishments, 7 off -sale exclusive liquor stores, 2 breweries and 2 distilleries in the City of Stillwater. Map 3 shows the locations of these liquor establishments throughout the City. All of these businesses would be required to register with the City, but the sale of cannabis beverages would be permitted without any additional zoning approval.2 QUESTION: Should the City allow the consumption of lower -potency cannabis beverages as a Permitted Use at all establishments with an on -sale liquor license? 2 You may recall that we prohibited smoking and vaping of cannabis products on public property or in public places in 2023. (City Code 12-125) "Public property" includes city buildings or property owned by the city, including parks and trails. "Public place" is any business generally open to the public. Therefore, we do not need to address smoking/vaping in outdoor seating at restaurants, because we already prohibit that from happening. Under state law, off -sale liquor stores are prohibited from giving samples of cannabis beverages, so no on -site consumption can occur. Memo re Cannabis — Zoning City Council Workshop October 1, 2024 Page 4 If yes, then we are recommending that they be exempt from the distance restriction bubbles and they would be allowed in any zoning district that allows liquor licenses. Zonina Districts for Cannabis Uses Recommendation: Type of AP CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Cannabis Business Low potency edible retail (on- P P P P P P P P P P sale or off -sale liquor Low potency edible retail (not CUP CUP CUP with on -sale or off - sale liquor Adult Use Cannabis retail (not inc. micro, CUP CUP CUP mezzo, medical combo Micro, Mezzo, Transporter, Testing, Medical Combo, CUP CUP Wholesale with product on -site Map 4 Wholesale with no CUP CUP CUP product on -site Cultivation Only CUP Map 5 We recommend all cannabis uses, except for sale of beverages sold at on -sale and off - sale liquor stores, be required to obtain a conditional use permit. There are many justifications for this requirement: First, it allows the City Council to analyze each proposed cannabis use in its location on a case -by -case basis, adding reasonable conditions if necessary. Second, it requires a public hearing, allowing the neighbors to weigh in on the use from the lens of determining the compatibility with neighboring properties. Third, from an enforcement standpoint, the City can address violations of a conditional use permit on a local level without delay. Performance Standards Outdoor Cultivation • Minimum of 20 contiguous acres available for crop • Crops must be setback at least 300' from property lines • Fencing of 6' (state law) + landscaped buffer on outside of fence • Crops cannot be visible from the ROW Memo re Cannabis — Zoning City Council Workshop October 1, 2024 Page 5 Indoor Cultivation (greenhouse and hoop houses only): • Minimum of 5 acres of land Testing, Manufacturing, Micro, Mezzo, Transporter, Wholesaler (with products), Medical Cannabis Combo: • Buildings setback 500' from residential • No exterior storage Map 4 shows the BP-1 and BP-O Zoning Districts for Cultivator, Micro, Mezzo businesses with the other buffers zones but it increases to a 500-foot buffer from residential. Performance Standards for All: • Retail hours of operation limited between 10 a.m. to 9 p.m. • Not allowed with an adult use entertainment business • No retail sales or on -site consumption in AP zone • No on -site consumption of any cannabis except beverages • Cannot be a nuisance (per general definition in City Code) o Enact a new Odor Ordinance in City Code that will apply to all uses • Security Plan as approved by PD • No home occupations (state law) Next Steps After direction is given from this workshop, we will prepare the zoning ordinance amendment for the Planning Commission. Then, we will have another workshop on the registration process and other accompanying ordinances on November 6. The ordinances will be ripe for consideration at the second meeting in November and first meeting in December. ACTION REQUESTED Discuss and provide direction on the ordinance amendments for cannabis uses. Attachments: Map 1 — Lower Potency Retail Sales with 1,000 buffer from existing use Map 2 — Adult use Retail Sales and wholesale products with buffer zones Map 3 — On -Sale and Off -Sale liquor locations Map 4 — Cultivator, Micro, Mezzo, Manufacturing with buffers Map 5 — Cultivator Only (Maps 1, 2, 4 and 5 will be provided no later than the Tuesday Updated Packet) A dIb6 L Uelltyood-Road- Millbrook North 14 Park Oyteen Ln Swenson St - � South ` Oak Glen Ln S�LLWATER � Twin o'a gi Thy k A166 ^� Hazel St Vt Schulahbur` `o q ParkIL i gP �y 64 Mckusick Road North $� O a� Poplar St W z ' Mcq i Q Creek Park 6g�c 2� Sh llmater �. County Club �a to z LICE T �7 Ln i0 3 � � Lum er Van T � Prairie macey fit\ daa"i pr � � �s • Moore St W - Landi o Jac COCi ..r�� a `w z - Micrt $ Eagle Ridge TO S,,rI cm. A . 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Deterrence Response to active violence Case Investigation Prevention efforts the last 3 years WC Threat Assessment Group Mobile Camera Systems Revamp of event planning/deployment Increased presence/SWAT QRF Planning Barricades/traffic routes/ingress-egress/lots Co -Response model Increased workplace violence presentations Downtown = Entertainment District Identifying security cameras as a PD function frock safety What this IS 0 License plate recognition • Gathers objective evidence and facts about vehicles, not people Alerts police of wanted vehicles Used to solve crime Adheres to all state laws Flock Safety in Minnesota 40 + Law Enforcement Agencies including; Champlain PD Blaine PD Corcoran PD ► St. Cloud PD ► Anoka PD ► Eagan PD ► Minnetonka PD Orono PD Edina PD Richfield PD Woodbury PD Plymouth PD Fairbault PD Hudson PD-Wisconsin Parking Ramp Significant Vandalism in the last 3 years A large part of Mick's time is mitigating these issues Damage including elevator, not only graffiti 8 Live View Cameras and 2 LPRs Separate project/working with Washington County Emergency Management on supplemental funding Overview-24 Live View/5 LPk - St. Croix Boor, s'�I River Trail Waterfall _ _stem cR Blueberry F e', ds St. Croix Boom 8 Site State Wayside; Cross Winds O 1 i. --� _r © e Iri�d St. Crolx�Scenic 0� Overlook Community Church Millbrook Park© Otto Berg Memorial Park e� m P � o �6. � Bavarian Hunter - MCKus�ck RON And--, Healing O KnesN Farm Rtl _- Oak Glen Golf Course and Event Center Stillwater Country Club 3 K' �s F rn kyN a Pioneer Park © Houtton 0 Eernenlary School - Houtton - - — - -- - Tavern®' �51hrN - _ ]SW StN Mryrrte�'. still —ter Lift A Bridge, Hi st oric Site '_ t _ � - SUii a 2 ater River boats z� Nelson Ice Cream ®1 0111e SYw y 3 1 i � m Oasts Cafe DSO y Sti 0 Croix Valley Recreation Center 0 St, Croix Crossing 0 Orlearss s<e Bi Gu BB Q gRoadhouse Culver'S 0 Fairview Cemetery r ©Lift Bridge o'+qNP -_, Target Brewing Stillwater ♦� ,. 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Cite of '*tif Matter, fRinneota Ywztamatien WHEREAS, the City of Stillwater is committed to ensuring the safety and security of all those living in and visiting our community; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are atgreatest risk from fire; and WHEREAS, roughly three out of five fire deaths happen in homes with either no smoke alarms or with no working smoke alarms; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires almost in half; and WHEREAS, smoke alarms sense smoke well before you can, alerting you to danger in the event of fire in which you may have as little as 2 minutes to escape safely; and WHEREAS, residents should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home; and WHEREAS, residents should make sure their smoke alarms meet the needs of all their family members, including those with sensory or physical disabilities; and WHEREAS, residents should test smoke alarms at least once a month. WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive afire; and WHEREAS, the Stillwater Fire Department is dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the 2024 Fire Prevention WeekTM theme, "Smoke alarms: Make them work for you.TM " serves to remind us the importance of having working smoke alarms in the home. NOW THEREFORE, 1, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater, do hereby proclaim October 6-12, 2024 -Fire Prevention Week 2024- throughout this city, and 1 urge all residents to make sure their homes have working smoke alarms and to support the many public safety activities and efforts of the Stillwater Fire Department. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 1st day of October, 2024. ��•�F T 1 L'��k. _a�a l� : •. tip = zV f•.* *'• _Mayor '•� ., NNF.S .� �11Water 1 THE 8 I R T H P L ACE OF MINNESOTA Connecting with Our Riverfront Stillwater faces increasing demand to "touch the river" Not enough safely accessible riverfront access points Opportunity to expand the riverfront — the City developed a $13.5 million plan, called "Riverfront Renewal." About Riverfront Renewal • Expand Riverfront access by transforming Lumberjack Landing and Bridgeview Park • State funding, private donors, grants and City contributions make up more than half of funding ($7.3 million) • State determined plan met "regional impact" project • November Election — Stillwater voters will decide on approval of a half percent sales tax for remaining $6.2 million over 10- year period Lumberjack Landing Challenges & Opportunities j • Aiple residence has been unused since it was purchased in 2014 • Renovations could support numerous recreational activities and educational programs • Vegetation overgrowth • Unsafe terrain, unpaved trails, not ADA accessible Lumberjack Landing • Located a quarter mile north of downtown • 0.5 miles of shoreline and a beach near the Aiple residence. K Lumberjack Landing Opportunities • Rehabilitate Aiple House • River overlook and fishing platform • Remove Invasive Species • Add vehicle turnaround / drop • Improve vegetation and off area landscape • Provide Access to Brown's • ADA canoe/kayak launch Creek State Trail • Storage/gathering space • New Picnic Shelter • Expand parking on south end • Hill III MIL-1 RIVERFRONT RENEWAL I IVE 5-1 '4G I H 71 LLWATE R 1 '4 F: K % I W-4 0I:49rot"ME:1116 � uun fly RIVERFRONT ' r�,. RENEWAL I11'ES-I4G IN ETILLWATER'E '4RK% �a • Now jai 7 big RIVERFRONT RENEWAL I'll'ES-14G IR 'TILL%/ATER'I '4RY.S i ITiTi'i• • � • 6 fill 74� Ar RIVERFRONT RENEWAL I•IWES-1•IG IH nTILLWATER I '4FAS Lumberjack Landing Opportunities P !-TSB�j 8k-l.alneh ul luvcvlcvv I Ulm • Located directly south of downtown • 20-acre park Bridgeview Park Challenges & Opportunities Recent work has been crucial in making Bridgeview Park a more welcoming destination, but ongoing improvements and renovations are necessary to address remaining challenges, including: • Dense trees line the western edge • Dense vegetation along shoreline .y Mortiz Bergstein Shoddy Mill and Warehouse abandoned RIVERFRONT RENEWAL 1 '1WE 5-1'IG I 'TILL %/ATE R'I >i RY.S Bridgeview Park Opportunities Transient Boat Docks Rehab Bergstein buildings Addition of a Park Pavilion • Park's proximity to downtown as a welcome to greater Stillwater community • Extend active recreation through trail linkages • Improve car, boat, bike and Improvements that respect the foot traffic access scenic character of the river Bridgeview Park Opportunities Bridgeview Park Opportunities clent Ater Fl,q1 BERGSTEIN WAREHOUSE & SHODDY MILL RENOVATION �r an ION4 �m N—Def EXTERIOR a 2.1 RENDERS NwiiN• 7Nili}[NiiN a NiII.wIN wwoNl.[o�e Bridgeview Park Opportunities PILING STAYED. FLOATING FISHING DOCK SECTION 30C• DOCK ELEV 676.67' ELEV. 675 LOW WATER { 10" STEEL PILING 76'CONCRETE 94' 340• ALUMINUM GANGWAY s WALK PILING STAYED. FLOATING ,o• STEEL PILING LING SAYE O, �LOA TING OGCx "SECTION d " ELEV. 667 MINIMUM VESSEL ----_—� RIPRAP ® FLOATING DOCK ALUMINUM GANGWAY 5" CONCRETE PAVEMENT NOTE 1. LOW WATER ASSUMED ELEV 675' 2. HIGH WATER ASSUMED ELEV 683' 3. ELEV 667 IS THE MINIMUM VESSEL CLEARANCE BASED ON LOW WATER ASSUMPTION. Bridgeview Park Opportunities FLOATING DOCK It%il �FLOATING DOCK 6%10' RBICNE CaMMETE �aono � 18' T NX Tr REMOVE CONCRETE LOADING PIER. AF /�-_ H(; AYH,;;•. \ 1 � � a nvuU•i. t �'UNI.' V'U'.L L.U.V. Uki '� '" f •.- . I P R A P EHQ---51X18' CONCRETE RAMP PAD �LCAST IN PLACE 6" GROOVED CONCRETE PAVEMENT CONCRETE PAVEMENT ANGWAY NOTES: 1. LOW WATER ASSUMED ELEV 675' 2. HIGH WATER ASSUMED ELEV 683' 3. ELEV 671 IS THE MINIMUM DEPTH (4') FOR VESSEL LAUNCH CLEARANCE BASED ON LOW WATER ASSUMPTION. Timeline • 2014: The Bridgeview Park master plan is updated over a six -month -period. • 2016-2017: The City evaluates site conditions at Lumberjack Landing and develops a preliminary site concept plan, based on input from stakeholders, City staff and elected officials. • March 2020: City gathers guidance and feedback from local, state and national agencies about the Lumberjack Landing concept and possible improvements. • 2020: Residents provide feedback online using an interactive mapping tool. • Residents expressed interest in paddle sports, hiking trails along the river, beach access, fishing and restoration. • More than half of the people surveyed said keeping the existing Aiple residence is important or very important. Timeline • 2021: Stillwater resident Geri Freels graciously donates $1 million to help fund the rehabilitation of the Aiple residence. • 2021-2023: City develops the "Riverfront Renewal" plan to invest $13.5 million to expand access and recreational activities at Lumberjack Landing and Bridgeview Park. • 2023: The City secures $6 million in state bonding funds from the MN Legislature to help pay for various projects at both Lumberjack Landing and Bridgeview Park. • The Minnesota Legislature authorized the City of Stillwater to seek voter approval of a local half -percent sales tax to raise $6.2 million to support the project. • 2024: The city approves ballot language for the November 2024 ballot seeking a half -percent sales tax for a 10-year period. The Cost • The $13.5 million "Riverfront Renewal" investment plan would be supported through four funding sources: • Local half -percent sales tax: $6.2 million over a 10-year period, plus interest and financing costs. • Funding from State Legislature: $6 million in state bonding funds approved in 2023. • Donations and grants: $1 million private donation, $50,000 grant from the MN Department of Natural Resources and $50,000 from the Legacy Fund. • City contributions: $179,000 for renovations to the Aiple house and vegetation management. The Cost 44% State bonding money $6 million 8% Donation and grants $1.1 million 1 % City contributions $179,000 24% Nonresident ales tax collections $3.13 million 23% Resident collections from sales tax $3.07 million Why a Local Sales Tax? Nonresident cost participation • 50.4% non residents • $3.1 million Relieves Stillwater residents of full cost • Essential goods exempt — groceries, clothing, prescription drugs, feminine hygiene products, baby products • The University of Minnesota analyzed the economic effects of local sales taxes in several cities and found little evidence that sales growth for businesses were impacted • Average cost to Stillwater resident would be $2.95 per month • $35. 43 per year • Must be used for Riverfront park projects • Residents get final say in November Election • State law requires the tax to expire once funds required for the projects have been collected, or within 10 years, whichever occurs first. Make Your Voice Heard in November This November, Stillwater voters will consider a ballot question asking for their approval of a half -percent (0.5%) local sales tax to finance the "Riverfront Renewal" plan for up to 10 years to improve and expand Early in person: Friday, Sept. 20 — Monday, Nov. 4 riverfront access. Early via absentee: Beginning Friday, Sept. 20 On Election Day: Tuesday, Nov. 5 at your polling place Visit StillwaterRiverfrontRenewal.org TO LEARN MORE ABOUT The challenges and opportunities at Lumberjack Landing and Bridgeway Park The proposed "Riverfront Renewal" plan The process of developing the plan The cost and tax impact Voting information Answers to frequently asked questions LM �,RWFR,RENEWFRONT —"AL .......... Connecting with Our Riverfront :n:cgrorrl as •hn irrnpnrr of r: n%:-�:. ry r.�y rf btlltceln•u n rrlrhnx..1 rnvrlmemrn knaan Mr n� nr.vMm e j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES September 17, 2024 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE The Council led the audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Stillwater Human Rights Award Presented to Rachel Schmeltzer, Stillwater Area Public School Choir Teacher Human Rights Commission Chairman Nelsen explained the work of the Commission. Mayor Kozlowski read a proclamation honoring Rachel Schmeltzer for her outstanding leadership and dedication to human rights. Ms. Schmeltzer voiced her appreciation. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2024-102, Stillwater Human Rights Award - Rachel Schmeltzer. All in favor. Proclamation for United Way of Washington County East United Way Development & Community Engagement Manager, Kelly Stenerson, stated that United Way is celebrating 75 years in the St. Croix Valley. Mayor Kozlowski read a proclamation designating October 7-13 as United Way Week. Riverfront Renewal City Administrator Kohlmann reviewed a $13.5 million plan to expand and enhance riverfront access, called "Riverfront Renewal." The plan includes transforming Lumberjack Landing and Bridgeview Park through State funding, private donations, grants and City contributions. In the November election, Stillwater voters will decide whether to accept a half percent sales tax to cover $6.2 million of project costs. The tax would end after 10 years or whenever the $6.2 million is secured, whichever comes first. City Council Meeting September 17, 2024 OPEN FORUM Patrick Kelly, 604 Myrtle Street, provided background on building permit problems at his property, involving a fence and a deck. The fence replaces an existing fence and the deck is a playhouse deck not connected to his house, so he believes building permits are not needed. The City has issued citations and fines and he feels this is retribution for issues he discussed with the Mayor about the responsibility for repair of his retaining wall. STAFF REPORTS Public Works Director Sanders stated the downtown lighting project and Greeley Street project are underway. He noted that the next two Council meetings will include public hearings on assessments. Councilmember Odebrecht gave kudos for the work on the ash tree program. Police Chief Mueller stated a Police Cadet program for 14-20-year-olds has started; officer recruitment is ongoing; aid was offered to Hugo after tragic events there; and added that the alcohol training ordinance will be before the Council in October. Fire Chief Glaser reported on the Fire Relief meeting and reminded the Council of the Fire Prevention Week dinner October 1. Finance Director Provos stated bonds will be sold October 1 and rating call results are expected on Thursday. City Clerk Wolf briefed the Council on newsletter announcements, the new State flag, liquor license fee hearing, and the Mayor and Administrator speaking at the Chamber's Toast & Topics forum. City Attorney Land noted the Council will review the new cannabis regulations and possible Charter amendments on October 1. City Administrator Kohlmann stated the new Human Resources Manager will start Thursday, and Community Development Director applications close soon. CONSENT AGENDA September 3, 2024 Workshop and Regular Meeting Minutes Payment of Bills 2024 Street Improvement Project Declaring Costs and Order Public Hearing - Resolution 2024-103 Declaring Costs and Order Public Hearing for Delinquent Abatement Cleanup Fees, Administrative Citations Fees and Solid Waste Fees - Resolutions 2024-104, 2024-105 and 2024-106 Encroachment Agreement for 823 Anderson St. Fire Department Vehicle Purchase Gambling Premise Permit for Stillwater Hockey at Keys Cafe - Resolution 2024-107 OSHA and Safety Training Agreement Short Term Home Rental License for 1410 4th St N Temporary Liquor Licenses for River Siren Brewing TH 95 Monument Concrete and Electrical Work Agreement Settlement Agreement Page 2 of 4 City Council Meeting September 17, 2024 Declaring Cost and Order Public Hearing for Water Line Service Repair Fees - Resolution 2024-108 Motion by Councilmember Dunker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Charter Amendment for Sections 4.03 and 5.12 City Attorney Land explained what it means to be a Charter City, and reviewed the proposed Charter amendments. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Councilmember Dunker voiced support for the amendment, noting how difficult it is to get voters to vote in primaries. Motion by Councilmember Dunker, seconded by Councilmember Polehna, to adopt Resolution 2024-109, Resolution Revoking City Council Resolution 4447 Regarding the Requirement for Primary Elections, and to adopt second reading of Ordinance 1218, an Ordinance Amending the City Charter of the City of Stillwater Section 4.03, Regarding Filing for Office. All in favor. City Attorney Land reviewed the proposed Charter amendment on financial disclosure requirements. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Collins, seconded by Councilmember Dunker to adopt second reading of Ordinance 1219, 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. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS 2025 Preliminary Budget - Adopting the proposed tax levy for the payable year 2025. Adopting the proposed budget for the year 2025, and Setting the Truth in Taxation meeting date Mr. Kohlmann stated that City Council discussions on the 2025 Budget proposals have resulted in a General Fund Operating proposed tax levy of $15,811,130 and a proposed debt service levy of $4,489,403. This total proposed levy of $20,300,533 results in a 7.813% increase over the 2024 levy. The Preliminary Levy must set by September 30. The City has the option to reduce the levy prior to final adoption but cannot increase the levy after the September 30 deadline. The Truth in Taxation proposed meeting date is 7:00 p.m. on December 3, 2024. Motion by Councilmember Dunker, seconded by Councilmember Polehna, to adopt Resolution 2024-110, Adopting the Proposed Tax Levy for the Payable Year 2025, and to adopt Resolution 2024-111, Adopting the Proposed Budget Appropriations for the Year 2025, and Page 3 of 4 City Council Meeting September 17, 2024 to adopt Resolution 2024-112, Setting the Payable 2025 Truth -In -Taxation Public Meeting. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:12 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024-102, Stillwater Human Rights Award - Rachel Schmeltzer Resolution 2024-103, Declaring Cost to be Assessed and Call for Hearing on Proposed Assessment for 2024 Street Improvement Project (Project 2024-02, L.I.441) Resolution 2024-104, Resolution Declaring Cost to be Assessed and Call for Hearing on Proposed Assessment for Delinquent Abatement Cleanup Fees L.I.040 Resolution 2024-105, Resolution Declaring Cost to be Assessed and Call for Hearing on Proposed Assessment for Delinquent Administrative Citation Fees, L.I.006 Resolution 2024-106, Resolution Declaring Cost to be Assessed and Call for Hearing on Proposed Assessment for Delinquent Solid Waste Fees L.I. 002 Resolution 2024-107, Approving Minnesota Lawful Gambling Premise Permit for Stillwater Area Hockey Association at Keys Cafe Bakery & Bar Resolution 2024-108, Declaring Cost to be Assessed and Call for Hearing on Proposed Assessment for Delinquent Water Line Service Fees Resolution 2024-109, Resolution Revoking City Council Resolution 4447 Regarding the Requirement for Primary Elections Resolution 2024-110, Adopting the Proposed Tax Levy for the Payable Year 2025 Resolution 2024-111, Adopting the Proposed Budget Appropriations for the Year 2025 Resolution 2024-112, Setting the Payable 2025 Truth -In -Taxation Public Meeting Ordinance 1218, Ordinance Amending the City Charter of the City of Stillwater Section 4.03, Regarding Filing for Office Ordinance 1219, Ordinance Amending the City Charter of the City of Stillwater Section 5.12, Subd. 3, Regarding Conflict of Interest and Financial Disclosures Page 4 of 4 S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Soil Boring Study Agreement for the 2025 Street Improvement Project (2025-02) BACKGROUND At their regular meeting on August 7, 2024 the City of Stillwater Council members ordered the Engineering staff to prepare a feasibility study for the 2025 Street Improvement Project. The Study includes an investigation of the soil layers underneath the existing streets proposed for reconstruction in order to better determine the costs to rebuild the streets. Staff invited three geotechnical consultants to submit their bids to conduct soil boring investigation and prepare a report of the findings and suggestions of any corrections needed to subbase materials before building the roads. All three consultants submitted their bids, lowest bid was WSB at $10,682. Funding for the soil boring study will come from the 2025 Street Improvement Project (Project No. 2025-02) budget. RECOMMENDATION Staff recommends approving the Agreement for work on the Soil Boring Study for the 2025 Street Improvement Project (2025-02). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH WSB FOR THE SOIL BORING STUDY FOR THE 2025 STREET IMPROVEMENT PROJECT (2025-02). � O (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 1st day of October, 2024, by and between the City of Stillwater, 216 4t" Street North, Stillwater, Minnesota 55082, ("City") and WSB 540 Gateway Blvd., Burnsville, MN 55337 ("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: 2025 Street Project — Geotechnical Evaluation WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 9/10/2024, 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 10/1/2025. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah, 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 Mark Osborn, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4tn Street North Stillwater, MN 55082 Attention: Reabar Abdullah Or e-mailed: rbdullah@stillwatermn.gov If to Consultant: WBS 540 Gateway Blvd Burnsville, MN 55337 Attention: Mark Osborn Or e-mailed: mosborn(cb_wsbeng.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M By: Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N WBS By:Mark Osborn, PE Its: ll Date: September 19, 2024 Project Description: 2025 Street Project — Geotechnical Evaluation wsb September 10, 2024 Reabar Abdullah Assistant City Engineer City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Re: Proposal for: A Geotechnical Evaluation 2025 Street Improvement Project Stillwater, Minnesota Dear Mr. Reabar Abdullah: WSB is committed to providing quality services to its clients, commensurate with their wants, needs, and desired level of risk. This Proposal is a statement of our understanding of your needs and has been prepared pursuant to your request. The Proposal describes our understanding of the project and presents our services for the project. Please carefully review the presented project tasks, assumptions, turnaround time, fee schedule, and limitations prior to authorizing our services. If a portion of this Proposal does not meet your needs, or if those needs have changes, WSB will consider appropriate modifications subject to the standards of care to which we adhere as professionals. A. Background and Project Understanding WSB understands that the intent of the preliminary geotechnical exploration is to evaluate the subsurface soil conditions on the subject property and to provide recommendations related to their suitability for reconstruction and development. It is our understanding that this project consists of reconstruction of various streets within The City of Stillwater as well as an addition to the existing skatepark located at 2266 Curve Crest Boulevard. The site is made up of public streets in a residential area. 2266 Curve Crest Boulevard is partially developed, otherwise is made up of green space. We estimate that storm utilities will be within 5-feet of existing grade and that the vertical and horizontal alignment of the roadway will remain similar to existing conditions. We assume that the final grade for the skatepark will be within 1-foot of the existing grade. Much of the site is open with minimal tree coverage. According to the plans provided by you, the streets vary in elevation from about 921.0 to 799.0 feet. 2266 Curve Crest Boulevard varies in elevation from about 943.3 to 949.0 feet. G:AGROUP DATAAMaterials\Mark\PROPOSAL - MARKETING\Stillwater - 2025 St Imp\Stillwater.docx 2025 Street Improvements September 10, 2024 Page 2 This proposal is based on the following: • Provided Site Plans by The City of Stillwater, dated August 2024, • Email correspondence with you, • Google Earth Maps, • Our experience with similar project conditions as anticipated at the project site, • Review of readily available geologic information. B. Project Objectives Based upon our experience with similar projects the objectives of our geotechnical services are to perform subsurface borings, classify and analyze the soil samples, discuss groundwater issues, and prepare recommendations for skate park foundation and slab design, backfilling, and pavement sections. C. Scope of Basic Services Based on our understanding of the project we proposed the following scope of services: 1. Site Access Based on a reconnaissance of the site and review of the information provided, it appears that the sites can be accessed with our CME-55 truck mounted auger drill. 2. Bore Hole Locating and Gopher State One Call WSB will stake the proposed bore hole locations using existing structures as guides. If approximate bore hole locations are not acceptable and more precise locations are required by the design team, we recommend the use of GPS (Global Positioning System) technology to aid in staking the borings. Additional information such as CAD files for this project will be necessary to tie the GPS information to this project. Prior to sending a drill rig to the site WSB will contact Gopher State One Call (GSOC) and have them request public underground utility owners mark and clear our proposed bore hole locations of their utilities. If there are private underground utilities that are not located by GSOC, you must notify WSB immediately. WSB will take reasonable precautions to avoid underground facilities. 3. Subsurface Test Borings We propose to complete 17 standard penetration test borings (14 for roadway areas, 3 for skate park) to depths of about 5-feet below grade. In the standard penetration test borings, we will sample and record blow counts at 2% foot intervals to about 5-foot depths. 2025 Street Improvements September 10, 2024 Page 3 If unsuitable soils (existing fill, organic soils, etc.) are encountered at the proposed boring termination depth(s), it will be necessary to extend the borings into more competent materials. This will allow us to better evaluate potential construction issues. An additional charge of $20 per lineal foot will be assessed for borings extended beyond their proposed termination depths. If the added work requires additional mobilization to the site, it will be charged at $500 per day. In Minnesota, a boring that is deeper than 15 feet and sealed within 72 hours is considered a temporary boring / environmental well and requires Well Sealing Records be submitted to the Minnesota Department of Health. If the temporary boring / environmental well is extended to depths of more than 25 feet, a Construction Notification form and Fee are required. WSB will fill out the MDH notification and sealing record forms and sign on behalf of the owner unless directed otherwise. The subsurface investigation outlined in this proposal assumes that there are no hazardous materials in the soil or in the groundwater underlying the site. This study is not designed to detect or identify such materials. If it becomes apparent during the field investigation that hazardous materials are present, field operations will temporarily cease. The field investigation could be resumed only after the appropriate health and safety issues are addressed and the scope and fee are modified to address this change in condition. 4. Schedule, Bore Hole Samples and Laboratory Testing Based on our current drilling backlog, we anticipate that we can mobilize our truck mounted auger drill to the site and have boring logs and a geotechnical report completed by October 30, 2024. It should be noted that this schedule may change based on timing of authorization, site conditions and other factors. Should our anticipated schedule change, we will let you know. Samples retrieved during drilling will be returned to our laboratory where they will be reviewed, classified using the Unified Soil Classification System (USCS) and logged under the direction of a geotechnical engineer. The scope of laboratory testing is anticipated to include the following: • Moisture content tests on up to 17 samples • Percent fines (#200 wash) testing on up to 6 samples. • Organic content testing on up to 2 samples. The selected type and frequency of laboratory testing will depend on the nature of the soils encountered. 2025 Street Improvements September 10, 2024 Page 4 The field logs and the laboratory test results will be used to create the Boring Logs for the project. Upon completion of testing, we will store the samples for three months, at which time they will be discarded unless otherwise requested. 5. Geotechnical Engineering Report Information gathered for this project will be used to prepare a geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and groundwater conditions encountered in our borings and how they may affect the proposed construction of skate park foundations, slabs, and pavements. The report will also provide recommendations for an allowable soil bearing pressure for footing design, along with estimates of ground water depths/elevations and settlement under the assumed structural loads, site grading, and a discussion of soils for use as structural fill and site fill. We will provide you and any identified members of your design/project team with a PDF copy of our geotechnical report. If requested, we will also provide you with an original hard copy. 6. Fee Our lump sum fee is provided below. Services Estimated Cost 17 Standard Penetration Borings to about 5-foot depths, $ 10,682.00 Mobilization/Demobilization, Project Management and Administration, Gopher State Utility Clearance, Soil Classification, Boring Logs, Laboratory Testing, Geotechnical ort, Consumables LUMP SUM COST 1 $10,682.00 If additional borings or deeper borings are needed, or if engineering and testing are requested beyond that necessary for preparation of our report (post -report consultation, report revision due to changes in building design or location, specification review, or pre -construction meetings), the increase in our fees will be in accordance with the rates previously indicated or at the unit prices shown on the enclosed Rate Schedule for hourly services. If you have any questions regarding our scope of services or how they may be modified to meet your project needs please feel free to give us a call to discuss. The proposed scope of work described above, and associated fee assumes the following: 2025 Street Improvements September 10, 2024 Page 5 • This scope of work is expected to be completed in general accordance with the Terms and Conditions discussed within this proposal and the Professional Services Order (PSO) attached to this proposal. Variations in the Terms and Conditions and/or PSO attached will result in modifications to WSB's scope and fee. • We assume the client permits right -of -entry approvals to perform the work and will provide us with access approval prior to mobilization of the field crew. • We have assumed all boring locations will be accessible with a Truck mounted drilling equipment in a single mobilization. • Drilling can be completed between 7AM and 7PM during normal weekdays. Drilling on nights, weekends, or holidays will not be required. • Excess soils within the roadway areas will be gathered and taken back to WSB offices for disposal. Excess soils within the skatepark area will be thin spread around the boring locations. Site restoration is not included beyond backfilling the borings with soil cuttings. Call-backs to repair or restore settlement of boring backfill is not included in the scope of services presented herein. • The scope of work included within our fee estimate does not include any services in connection with the discovery of potential contamination during our drilling and sampling operations. This study is not designed to detect or identify such materials. In the event that such material is suspected, we will notify the designated Client personnel immediately for direction before proceeding on any out -of -scope services. The field investigation could be resumed only after the appropriate health and safety issues are addressed and the scope and fee are modified to address this change in condition. • Preparation of supplemental reports, addendum letters, and/or review of plans and specifications are not included in our base geotechnical study fee; and responses to the project design team, review agencies or additional work that may be requested are also not included. • Traffic control is anticipated to be accomplished by flashing lights and cones to allow self -regulation of vehicles. D. Closure This letter represents our complete understanding of the proposed scope of services. If you are in agreement with the scope of services, attached General Contract Provisions, and proposed fee, please sign in the appropriate space below and return one copy to my attention. If you have any questions about this proposal, please feel free to call us at 952-737-4660. This fee proposal is valid for ninety (90) days from the creation date noted in the header. If this proposal is approved before September 30, 2024 than we can meet the proposed schedule of a geotechnical report and boring logs by October 30, 2024. WSB may reissue a revised proposal upon request if the indicated time period has lapsed. Should the scope of work change in nature or be expanded to include additional services, we reserve the right to renegotiate the fees and contract provisions with you. However, once we begin work on this project, any counteroffers will not be accepted. 2025 Street Improvements September 10, 2024 Page 6 WSB appreciates the opportunity of being considered for this project and we look forward to providing our professional services to you. Sincerely, WSB ��-�— ZIMark Osborn, PE Director of Geotechnical Engineering Attachments: WSB 2024 Rate Schedule WSB Exhibit A General Contract Provisions 11.01.16 ACCEPTED BY: Name (print) Signature Company Title Date water• Boring • • 125 Street Improvement Project i August, OVERVIEW MAP 96 PIP® +► I T74 0 ' O Maple Street West �^ AO 64 Laurel Street_VVes r ` , t Laurel Street West ,.. ••- ,' o � 4 � ,, t �. � ;�� � Stre off. z 6 r hecl ,,► o G. Wo den L i o r p ` 4 Cn _ v _ >, Linden Street -West Soil Boring Locations (14) "' « ,�: t $ Feet w E Parcels ` h `. IT " � .• � Z ra Mulberry Street west 0 470 5 x a Curve Crest Boulevard OVERVIEW MAP 5 � ttlt WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 — PERFORMANCE OF THE WORK Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 2 — ADDITIONAL SERVICES If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both compensation and time to perform. ARTICLE 3 — SCHEDULE Unless specific periods of time or dates for providing services are specified in a separate Exhibit, Consultant's obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond Consultant's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or failure to act in a timely manner by any government agency; actions or failure to act by the Client or the Client's contractor or consultants; or discovery of any hazardous substance or differing site conditions. If the delays outside of Consultant's control increase the cost or the time required by Consultant to perform its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable adjustment in schedule and compensation. ARTICLE 4 — CONSTRUCTION OBSERVATION If requested by Client, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors' work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant neither guarantees the performance of any Contractor retained by Client nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with the construction documents. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors' means, methods, or procedures of construction. Consultant's services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Job Site Safety shall be the sole responsibility of the contractor who is performing the work. For Client -observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client's observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an Additional Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and conditions of the requested project observation. ARTICLE 5 — OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs, collectively referred to as "Cost Estimates," provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost Exhibit A —General Contract Provisions 11.01.16 Page 1 of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 6 — REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant's Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Consultant may make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client's obligations under this Agreement. Any use or re -use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the Client's risk and full legal responsibility and Client expressly releases all claims against Consultant arising from re -use of the Instruments of Service without Consultant's written consent, verification or adaptation. The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of Service for extensions of the Project or any other project. ARTICLE 7 — PAYMENTS Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving seven (7) days' written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. Payment methods, expenses and rates may be more fully described in Exhibit C and Exhibit E. Exhibit A —General Contract Provisions 11.01.16 Page 2 ARTICLE 8 — SUBMITTALS AND PAY APPLICATIONS If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the Consultant's certification for payment shall constitute a representation to the Client, that to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its Work. If the Scope of Work includes Consultant's review and approval of submittals from the Contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client's contractor. ARTICLE 9 — HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Consultant. The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Consultant's sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Consultant's services to be provided under this Agreement. ARTICLE 10 — INSURANCE Consultant has procured general and professional liability insurance. On request, Consultant will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. Additional Insurance requirements are listed in Exhibit D. ARTICLE 11 — TERMINATION OR SUSPENSION If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant, Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination Consultant shall be compensated for services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. This Agreement may be terminated by either party upon thirty (30) days' written notice without cause. Consultant shall upon termination only be entitled to payment for the work performed up to the Date of termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, Exhibit A —General Contract Provisions 11.01.16 Page 3 prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 12 — INDEMNIFICATION The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused by the Consultant's negligence or willful misconduct. The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the extent caused by the Client's negligence or willful misconduct. ARTICLE 13 — WAIVER OF CONSEQUENTIAL DAMAGES The Consultant and Client waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses, for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss of management or employee productivity or of the services of such persons; and (2) Damages incurred by the Consultant for principal office expenses including the compensation for personnel stationed there, for losses of financing, business and reputation and for loss of profit except anticipated profit arising directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of their contractors, subcontractors or suppliers. ARTICLE 14 — WAIVER OF CLAIMS FOR PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant's services shall not subject Consultant's employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant's individual employees, officers or directors. ARTICLE 15 — ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of Consultant and Client and there are no other intended beneficiaries of this Agreement. ARTICLE 16 — CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 17 — CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or defend itself from any suit or claim. Exhibit A —General Contract Provisions 11.01.16 Page 4 ARTICLE 18 — AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per claim. The Consultant's total liability to Client shall not exceed the total available insurance policy limits per claim available to Consultant under its professional liability insurance policy. Client hereby agrees that to the fullest extent permitted by law, the Consultant's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty (Client's Claims) shall not exceed the total policy limits available to Consultant under its professional liability insurance policy for settlement or satisfaction of Client's Claims under the terms and conditions of the Consultant's professional liability insurance policy applicable hereto. Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to Consultant's provision of geotechnical engineering services, construction materials testing, special inspections, and/or environmental engineering services, including but not limited to environmental site assessments, that Consultant's liability for any claims asserted by or through Client shall be limited to $50,000. Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or consequential damages (including loss of use or loss of profits) sustained by the other, its successors or assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the theory of recovery plead or asserted. ARTICLE 19 — CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the state of Minnesota. ARTICLE 20 — LOCATION OF UNDERGROUNDIMPROVEMENTS Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. Exhibit A —General Contract Provisions 11.01.16 Page 5 S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Survey Agreement for the 2025 Street Improvement Project (2025-02) BACKGROUND At their regular meeting on August 7, 2024 the City of Stillwater Council members ordered the Engineering staff to prepare a feasibility study for the 2025 Street Improvement Project. Feasibility study includes survey of the streets proposed for reconstruction in order to better determine the costs to rebuild the streets. Staff received two bids: SEH $ 21,000 ISG $ 49,750 Funding for the survey will come from the 2025 Street Improvement Project (Project No. 2025-02) budget. RECOMMENDATION Staff recommends approving the Agreement with SEH for surveying the streets for the 2025 Street Improvement Project (2025-02). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH SEH FOR SURVEYING THE STREETS FOR THE 2025 STREET IMPROVEMENT PROJECT (2025-02). � O (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 1st day of October, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul MN 55110-3507 ("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: 2025 Street Reconstruction Project - Survey WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 9/5/2024, 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 10/1/2025. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah, 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 Greg Anderson, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. An Umbrella or Excess Liability insurance policy may be used to supplement the Consultant' s policy limits to satisfy the full policy limits required by the Contract. 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 4t" Street North Stillwater, MN 55082 Attention: Reabar Abdullah Or e-mailed: rbdullah@stillwatermn.gov If to Consultant: Short Elliott Hendrickson, Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-3507 Attention: Greg Anderson Or e-mailed: ganderson(@sehinc.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: M SHORT ELLIOTT HE� SON INC. By: Its: Greg F. Anderson Date: 9/20/24 Project Description: 2025 Street Reconstruction Project - Survey SEH Building a Better World for All of Us® September 5, 2024 Mr. Reabar Abdullah Assistant City Engineer City of Stillwater 216 4th St. N. Stillwater, MN 55082 Dear Mr. Abdullah: RE: City of Stillwater, Minnesota 2025 Street Reconstruction Project SEH appreciates the opportunity to submit this proposal for providing survey services related to the City's 2025 Street Reconstruction Project. This letter serves as our understanding of the project scope and schedule. Our scope of work includes a completion of a topographic survey per the City of Stillwater survey work requirements (attached). PROJECT BACKGROUND The City's 2025 Street Reconstruction Project includes work on portions of Hickory street west, Maple street west, Cherry street west, Linden street east, William street north, Everett street north, Martha street north, 51h street north, and 31d street north. SEH proposes to complete the topographic survey needed to complete the design of the project per the survey requirements provided by the City. We proposed to complete the survey work and provide the City the survey data before October 31 st, 2024. COMPENSATION Compensation for the services will be made on an hourly basis plus cost of reimbursable expanses. Total compensation is estimated at $21,000. This includes all expanses such as vehicles, equipment and mileage. REMARKS You agree to furnish us with full information as to your requirements, including any special or extraordinary considerations for the Project or special services needed, and also to make available all pertinent existing information and data that we will need to perform our services. We would be happy to furnish such Additional Services as you may request or as required during the project. If this proposal is acceptable to the City, we will provide a professional services agreement for execution. SEH appreciates the opportunity to serve the City of Stillwater. We look forward to working with the City to complete this upcoming project. Please contact me directly at 612.720.5883 or ganderson@sehinc.com should you have questions or requests for additional information. Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 1 800.325.2055 1 888.908.8166 fax I sehinc.com SEH is 100% employee -owned I Affirmative Action -Equal Opportunity Employer Mr. Reabar Abdullah August 5, 2024 Page 2 Sincerely, SHORT ELLIOTT HEN INC. Greg An7 derson Client Service Manager (Lic. MN) ah Attachment c: Theo Brown, SEH APPROVED THIS DAY OF , 2024 CITY OF STILLWATER, MN By: Title: lllwater Survey Map - 2025 Street Improvement Project THE °'°'"°LICE °` "'""`=°T' August 2024 oil Aspen a _Aspen StreetlWest , Street L ati j1. ♦ 1 �<'East ++ ,qF M '. • F `l Z _ d' Elm 4 3 n 1 f o' , Street East •�, d y as Elm Street West i = s + _-- 1 r i • t0 � Hickory StreelWe _t street Y sttg6 East Maple -Street West Wes _ •, �' i aTT Laurel Street West - ,., SLaurel Street West 4 _ "b cherry s ' aik) "� ° r t etEast A + � Place I .F est N •� } r Z ' ► f � � a" K - - . ' ! i r erry gtreetW � , " �: is (q .0 = -Linden Street -West rye ' s s: ': 14�; StreetEa r. Z0. n _ s� - - Mulberry Street West Reconstruction (1.92 mi) Feet W E Parcels y 0 530 A- _ ) f s ti'i.+ 1 water THE BIRTHPLACE OF MINNE S O T A 2025 Street Reconstruction project Survey work requirements Topo survey should be done within the street right-of-way. Extra survey shots to be taken in areas that are not typical of the street or look out of the ordinary. A list of point descriptors with full description of points should be provided. Points to be in Washington County Coordinates and in CSV format. Street Cross Sections • Every 50' or 25' in visible vertical or horizontal curves including approximate begin & end of curve. Also approximate high points in vertical curves. • Edge of walk or ground shot (elevation shot) if no walk along street. • Top of curb and type of curb • Gutter line or Edge of Bit if no gutter exist • Centerline • Set control points for construction staking purposes Cross Section Side Streets & Intersections • 50' back from closest gutter line of Project Street. • Every 25'. • Begin, mid & end radius - top curb and gutter line • Sidewalk and ped ramp location and existing ped ramp layout. Properties • Carriage walk in boulevards. Locate edges or centerline & width. Include type • Lot corners if visible or easily located. • Locate trees in the boulevard include approximate size & type. Driveways • Edges or centerline & width. Include type of driveway (concrete, bituminous, gravel etc.) • Locate end of driveway at the street to 15' back. Locate any grade changes in that 15' Utilities • Manholes - sanitary, storm and phone • Gate valves • Curb stops — if visible or located. • Top Nut Hydrant • Private utilities in the right-of-way (power poles, gas valves, phone peds, handholes) • Locate underground facilities after "Gopher State One Call" locate is completed. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.d.stillwater.mn.us General Conditions of the Agreement for Professional Services A. General 1. Consultant agrees to perform professional services as set forth in the Agreement for Professional Services or Supplemental Letter Agreement ("Services"). Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Consultant. The Consultant's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. B. Schedule 1. Unless specific periods of time or dates for providing services are specified, Consultant's obligation to render Services hereunder will be for a period which may reasonably be required for the completion of said Services. 2.If Client has requested changes in the scope, extent, or character of the Project or the Services to be provided by Consultant, the time of performance and compensation for the Services shall be adjusted equitably. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from delays beyond Consultant's control. If the delays resulting from such causes increase the cost or the time required by Consultant to perform the Services in accordance with professional skill and care, then Consultant shall be entitled to a equitable adjustment in schedule and compensation. C. Additional Services 1. If Consultant determines that any services it has been directed or requested to perform are beyond the scope as set forth in the Agreement or that, due to changed conditions or changes in the method or manner of administration of the Project, Consultant's effort required to perform its services under this Agreement exceeds the stated fee for the Services, then Consultant shall promptly notify the Client regarding the need for additional Services. Upon notification and in the absence of a written objection, Consultant shall be entitled to additional compensation for the additional Services and to an extension of time for completion of additional Services absent written objection by Client. 2.Additional Services, including delivery of documents, CAD files, or information not expressly included as deliverables, shall be billed in accord with agreed upon rates, or if not addressed, then at Consultant's standard rates. D. Suspension and Termination 1. If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services are delayed by actions or inactions of others for more than 60 days through no fault of Consultant, then Consultant shall be entitled to either terminate its agreement upon seven days written notice or, at its option, accept an equitable adjustment of compensation provided for elsewhere in this Agreement to reflect costs incurred by Consultant. 2.This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 3.This Agreement may be terminated by either party upon thirty days' written notice without cause. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the Services hereunder and/or the termination of this Agreement. 4.In the event of termination, Consultant shall be compensated for Services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. SECTION II — CLIENT RESPONSIBILITIES A. General 1.The Client shall, in proper time and sequence and where appropriate to the Project, at no expense to Consultant, provide full information as to Client's requirements for the Services provided by Consultant and access to all public and private lands required for Consultant to perform its Services. 2.The Consultant is not a municipal advisor and therefore Client shall provide its own legal, accounting, financial and insurance counseling, and other special services as may be required for the Project. Client shall provide to Consultant all data (and professional interpretations thereof) prepared by or services performed by others pertinent to Consultant's Services, such as previous reports; sub -surface explorations; laboratory tests and inspection of samples; environmental assessment and impact statements, surveys, property descriptions; zoning; deed; and other land use restrictions; as -built drawings; and electronic data base and maps. The costs associated with correcting, creating or recreating any data that is provided by the Client that contains inaccurate or unusable information shall be the responsibility of the Client. 3. Client shall provide prompt written notice to Consultant whenever the Client observes or otherwise becomes aware of any changes in the Project or any defect in Consultant's Services. Client shall promptly examine all studies, reports, sketches, opinions of construction costs, specifications, drawings, proposals, change orders, supplemental agreements, and other documents presented by Consultant and render the necessary decisions and instructions so that Consultant may provide Services in a timely manner. 4. Client shall require all utilities with facilities within the Project site to locate and mark said utilities upon request, relocate and/or protect said utilities to accommodate work of the Project, submit a schedule of the necessary relocation/protection activities to the Client for review, and comply with agreed upon schedule. Consultant shall not be liable for damages which arise out of Consultant's reasonable reliance on the information or services furnished by utilities to Client or others hired by Client. 5.Consultant shall be entitled to rely on the accuracy and completeness of information or services fumished by the Client or others employed by the Client and shall not be liable for damages arising from reasonable reliance on such materials. Consultant shall promptly notify the Client if Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. 6.Client agrees to reasonably cooperate, when requested, to assist Consultant with the investigation and addressing of any complaints made by Consultant's employees related to inappropriate or unwelcomed actions by Client or Client's employees or agents. This shall include, but not be limited to, providing access to Client's employees for Consultant's investigation, attendance at hearings, responding to inquiries and providing full access to Client files and information related to Consultant's employees, if any. Client agrees that Consultant retains the absolute right to remove any of its employees from Client's facilities if Consultant, in its sole discretion, determines such removal is advisable. Consultant, likewise, agrees to reasonably cooperate with Client with respect to the foregoing in connection with any complaints made by Client's employees. 7. Client acknowledges that Consultant has expended significant effort and expense in training and developing Consultant's employees. Therefore, during the term of this Agreement and for a period of two years after the termination of this Agreement or the completion of the Services under this Agreement, whichever is longer, Client shall not directly or indirectly: (1) hire, solicit or encourage any employee of Consultant to leave the employ of Consultant; (2) hire, solicit or encourage any consultant or independent contractor to cease work with Consultant; or (3) circumvent Consultant by conducting business directly with its employees. The two-year period set forth in this section shall be extended commensurately with any amount of time during which Client has violated its terms. SECTION III — PAYMENTS A. Invoices 1. Undisputed portions of invoices are due and payable within 30 days. Client must notify Consultant in writing of any disputed items within 15 days from receipt of invoice. Amounts due Consultant will be increased at the rate of 1.01/6 per month (or the maximum rate of interest permitted by law, if less) for invoices 30 days past due. Consultant reserves the right to retain Services or deliverables until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding Services, deliverables, or Instruments of Service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable General Conditions - 1 (Rev. 05.15.22) costs and disbursements, including reasonable attorney's fees, incurred in connection with collecting amounts owed by Client. 2. Should taxes, fees or costs be imposed, they shall be in addition to Consultant's agreed upon compensation. 3. Notwithstanding anything to the contrary herein, Consultant may pursue collection of past due invoices without the necessity of any mediation proceedings. SECTION IV —GENERAL CONSIDERATIONS A. Standards of Performance 1.The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, underthis Agreement or otherwise, in connection with its Services. 2. Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with its construction contract or the construction documents prepared by Consultant. Client acknowledges Consultant will not direct, supervise or control the work of construction contractors or their subcontractors at the site or otherwise. Consultant shall have no authority over or responsibility for the contractor's acts or omissions, nor for its means, methods, or procedures of construction. Consultant's Services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety or furnishing or performing any of the Contractor's work. 3. Consultant's Opinions of Probable Construction Cost are provided if agreed upon in writing and made on the basis of Consultant's experience and oualifications. Consultant has no control over the cost of labor, materials, equipment or service furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant cannot and does not guarantee that proposals, bids or actual construction cost will not vary from Opinions of Probable Construction Cost prepared by Consultant. If Client wishes greater assurance as to construction costs, Client shall employ an independent cost estimator. Indemnity for Environmental Issues Consultant is not a user, generator, handler, operator, arranger, storer, transporter, or disposer of hazardous or toxic substances. Therefore the Client agrees to hold harmless, indemnify, and defend Consultant and Consultant's officers, directors, subconsultant(s), employees and agents from and against any and all claims; losses; damages; liability; and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind at the site. C. Limitations on Liability 1.The Client hereby agrees that to the fullest extent permitted by law, Consultant's total liability to the Client for all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Project or this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed five hundred thousand dollars ($500,000). In the event Client desires limits of liability in excess of those provided in this paragraph, Client shall advise Consultant in writing and agree that Consultant's fee shall increase by 1 % for each additional five hundred thousand dollars of liability limits, up to a maximum limit of liability of five million dollars ($5,000,000). 2. Neither Party shall be liable to the other for consequential damages, including without limitation lost rentals; increased rental expenses; loss of use; loss of income; lost profit, financing, business, or reputation; and loss of management or employee productivity, incurred by one another or their subsidiaries or successors, regardless of whether such damages are foreseeable and are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them. Consultant expressly disclaims any duty to defend Client for any alleged actions or damages. 3. It is intended by the parties to this Agreement that Consultant's Services shall not subject Consultant's employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. The Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant's individual employees, officers or directors, and Client knowingly waives all such claims against Consultant individual employees, officers or directors. 4. Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued, and the applicable statutes of limitations shall commence to run, not later than either the date of Substantial Completion for acts or failures to act occurring prior to substantial completion or the date of issuance of the final invoice for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Services are substantially completed. D. Assignment 1. Neither party to this Agreement shall transfer, sublet or assign any rights under, or interests in, this Agreement or claims based on this Agreement without the prior written consent of the other party. Any assignment in violation ofthis subsection shall be null and void. E. Dispute Resolution 1.Any dispute between Client and Consultant arising out of or relating to this Agreement or the Services (except for unpaid invoices which are governed by Section III) shall be submitted to mediation as a precondition to litigation unless the parties mutually agree otherwise. Mediation shall occur within 60 days of a written demand for mediation unless Consultant and Client mutually agree otherwise. 2.Any dispute not settled through mediation shall be settled through litigation in the state and county where the Project at issue is located. SECTION V —INTELLECTUAL PROPERTY A. Proprietary Information 1.All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant's Instruments of Service ("Instruments of Service"). Consultant retains all ownership interests in Instruments of Service, including all available copyrights. 2. Notwithstanding anything to the contrary, Consultant shall retain all of its rights in its proprietary information including without limitation its methodologies and methods of analysis, ideas, concepts, expressions, inventions, know how, methods, techniques, skills, knowledge, and experience possessed by Consultant prior to, or acquired by Consultant during, the performance of this Agreement and the same shall not be deemed to be work product or work for hire and Consultant shall not be restricted in any way with respect thereto. Consultant shall retain full rights to electronic data and the drawings, specifications, including those in electronic form, prepared by Consultant and its subconsultants and the right to reuse component information contained in them in the normal course of Consultant's professional activities. B. Client Use of Instruments of Service 1. Provided that Consultant has been paid in full for its Services, Client shall have the right in the form of a nonexclusive license to use Instruments of Service delivered to Client exclusively for purposes of constructing, using, maintaining, altering and adding to the Project. Consultant shall be deemed to be the author of such Instruments of Service, electronic data or documents, and shall be given appropriate credit in any public display of such Instruments of Service. 2. Records requests or requests for additional copies of Instruments of Services outside ofthe scope of Services, including subpoenas directed from or on behalf of Client are available to Client subject to Consultant's current rate schedule. Consultant shall not be required to provide CAD files or documents unless specifically agreed to in writing as part of this Agreement. C. Reuse of Documents 1.AII Instruments of Service prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other Project. Any reuse of the Instruments of Service without written consent or adaptation by Consultant for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to Consultant; and the Client shall release Consultant from all claims arising from such use. Client shall also defend, indemnify, and hold harmless Consultant from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from reuse of Consultant documents without written consent. General Conditions - 2 (Rev. 05.15.22) / AC"R " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 09/20/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the 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 CONTACT Jeanne Danmeier NAME: H. Robert Anderson and Associates, Inc. o Ext : (952) 893-1933 FANo): (952) 893-1819 AIIC, No, 8201 Norman Center Drive E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Suite 220 Bloomington MN 55437 INSURERA: XL Specialty Insurance Co. 37885 INSURED INSURER B : INSURER C : Short -Elliott -Hendrickson, Incorporated INSURER D : 3535 Vadnais Center Drive INSURER E : St. Paul MN 55110 INSURER F : COVERAGES CERTIFICATE NUMBER: 2023-2024 1 PL Renewed REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS MMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ RETED TO(Ea 4—lo CLAIMS -MADE OCCUR PREM SESDAMAGE occurrrence) $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ElPRO-❑ LOC JECT PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y/ N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ElN D? OFFICER/MEMBER EXCLUDE / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Each Claim/ $5,000,000 A Professional Liability DPR5018962 10/01/2023 12/01/2024 Each Policy Year Aggregate $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEH No. 103948 / 2025 Street Reconstruction Project — Survey This certificate or memorandum of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Stillwater ACCORDANCE WITH THE POLICY PROVISIONS. 216 4th Street North AUTHORIZED REPRESENTATIVE Stillwater MN 55082 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORO° CERTIFICATE OF LIABILITY INSURANCE 10/1/2024 DATE (MM/DD/YYYY) 1 9/19/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the 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 Lockton Companies, LLC NA ATE CT 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 PHONE FAX Ext : A/C No E-MAIL ADDRESS: kcasu@lockton.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: The Continental Insurance Company 35289 INSURED SHORT-ELLIOTT-HENDRICKSON, INCORPORATED 1467605 3535 VADNAIS CENTER DRIVE INSURER B : National Fire Insurance Co of Hartford 20478 INSURER C : INSURER D : ST. PAUL MN 55110-3507 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 20962079 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. INSR LTR OF INSURANCE ADDLSUBRTYPE INSD WVD POLICY NUMBER MM/DDPLICY EFF MMPOLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y N 6079420587 10/1/2023 10/1/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE � LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2 000 000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY N N 6079420699 10/1/2023 10/1/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ XXX��XXX BODILY INJURY (Per accident) $ XXX��XXX PROPERTY DAMAGE Per accident $ XXX��XXX $ XXXxXXX A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N N 6079420590 10/1/2023 10/1/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DIED I I RETENTION $ $ XXxXXXX B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY ARTNERIEE.L. OFFICER/MEM PROPRIETOERPEXCLUD D?ECUTIVE I (Mandatory in NH) describe under DESyes CRIPTION OF OPERATIONS below N/A N 6079421254 10/1/2023 10/1/2024 PER OTH- X I STATUTE ER EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1.000A0 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEH NO. 103948 / 2025 STREET RECONSTRUCTION PROJECT - SURVEY. CITY OF STILLWATER IS ADDITIONAL INSURED ON GENERAL LIABILITY, AS REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. FOR CANCELLATION FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, THE INSURER(S) WILL SEND 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20962079 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF STILLWATER 216 4TH STREET N. AUTHORIZED REPRESENTATIV STILLWATER MN 55082 ACORD 25 (2016/03) @ 1988L1015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Attachment Code: D564542 Master ID: 1467605, Certificate ID: 20962079 SHORT-ELLIOTT-HENDRICKSON, INCORPORATED.; 1467605 20962079 CITY OF STILLWATER 216 4TH STREET N., STILLWATER, MN 55082 Dear Valued Client: In our continuing effort to provide timely certificate delivery, Lockton Companies is utilizing paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via the email below and reference Certificate ID: 20962079. You must reference this Certificate ID number in order for us to complete this process. O Certificate ID: 20962079 0 Email: kcasu@Lockton.com 0 Subject Line: ASU E-Delivery NOTES: -Signing up for this will NOT sign you up for any solicitation emails - your email will only be used to forward updated or renewal certificates direct from Lockton. -Your certificates will come via a secure link to our database. If you do need a pdf of a certificate, please email kcasu@lockton.com to request one. -If you received this letter with a certificate via email, no further action on your part is necessary. -If you no longer need this certificate, please contact us at kcasu@lockton.com, reference the Holder ID number and use this subject line: "Certificate Removal" Thank you for your cooperation. Lockton Companies Account Services Unit Email / Mailing Update - Liability Certificates i water THE BIRTHPLACE OF MINNESOTA DATE: September 27, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointing Election Judges for 2024 General Election BACKGROUND City Council is required to appoint elections judges for the upcoming General Election. Recruitment for judges has been completed by Washington County and a list of eligible judges is attached to the Resolution. There are 83 judges total which includes 4 head judges, 4 Co-head judges and 1 student. RECOMMENDATION Staff recommends Council appoint the judges listed in Exhibit A on the resolution. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion adopting RESOLUTION APPOINTING ELECTION JUDGES FOR THE NOVEMBER 5, 2024 GENERAL ELECTION. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX APPOINTING ELECTION JUDGES FOR THE NOVEMBER 5, 2024 GENERAL ELECTION WHEREAS, the City Clerk recommends elections judges to be appointed for the upcoming General Election on November 5, 2024; and WHEREAS, the City Council makes the appointments at least 25 days before an election day. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the following individuals specified on Exhibit A attached hereto, each of whom is qualified to serve as an election judge, are hereby appointed as judges for the General Election on November 5, 2024 to act as such at City of Stillwater Polling locations listed on said exhibit. BE IT FURTHER RESOLVED, by the City Council of Stillwater as follows- 1. Any individuals not specified on Exhibit A to be placed as a replacement or as additional election judges needed up to and including the day of the election shall be appointed by the City Clerk at that time. 2. The election judges shall act as clerks of election, count the ballots cast and submit the results to the county for canvass in the manner provided by Minnesota State Election Law. Adopted by the Stillwater City Council this 1 st day of October, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Head Judge HOLMBERG MARY Stillwater W-1 P-1 St Paul Lutheran Church Co -Head Judge TOMENES DAVID Stillwater W-1 P-1 St Paul Lutheran Church Election Judge BELSCHNER MARY Stillwater W-1 P-1 St Paul Lutheran Church Election Judge BLONDIN THERESA Stillwater W-1 P-1 St Paul Lutheran Church Election Judge BRINKMAN RENEE Stillwater W-1 P-1 St Paul Lutheran Church Election Judge BRUNO ANITA Stillwater W-1 P-1 St Paul Lutheran Church Election Judge DOLNEY SR KENNETH Stillwater W-1 P-1 St Paul Lutheran Church Election Judge FERKINGSTAD RONALD Stillwater W-1 P-1 St Paul Lutheran Church Election Judge FREIMARK KENNETH Stillwater W-1 P-1 St Paul Lutheran Church Election Judge GARLEY THOMAS Stillwater W-1 P-1 St Paul Lutheran Church Election Judge GIESEKE MARK Stillwater W-1 P-1 St Paul Lutheran Church Election Judge HELLER JONI Stillwater W-1 P-1 St Paul Lutheran Church Election Judge HORSTMAN MATHEW Stillwater W-1 P-1 St Paul Lutheran Church Election Judge LEONARD CONSTANCE Stillwater W-1 P-1 St Paul Lutheran Church Election Judge ORTMEIER MICHELLE Stillwater W-1 P-1 St Paul Lutheran Church Election Judge PURCELL NANCY Stillwater W-1 P-1 St Paul Lutheran Church Election Judge SKAALEN JON Stillwater W-1 P-1 St Paul Lutheran Church Election Judge STENERSON MAURICE Stillwater W-1 P-1 St Paul Lutheran Church Election Judge SWANSON LORI Stillwater W-1 P-1 St Paul Lutheran Church Election Judge ZUSAN BARBARA Stillwater W-1 P-1 St Paul Lutheran Church Head Judge WILKENS JANE Stillwater W-2 P-2 Trinity Lutheran Church Co -Head Judge BESSETTE ANDRE Stillwater W-2 P-2 Trinity Lutheran Church Election Judge BARRATT MARIANNE Stillwater W-2 P-2 Trinity Lutheran Church Election Judge BELKNAP LAURA Stillwater W-2 P-2 Trinity Lutheran Church Election Judge DAWSON LIZABETH Stillwater W-2 P-2 Trinity Lutheran Church Election Judge DUFTY KAREN Stillwater W-2 P-2 Trinity Lutheran Church Election Judge EDSTROM JANIS Stillwater W-2 P-2 Trinity Lutheran Church Election Judge HAVIR WINONA Stillwater W-2 P-2 Trinity Lutheran Church Election Judge LEVY HAROLD Stillwater W-2 P-2 Trinity Lutheran Church Election Judge LONG DAVID Stillwater W-2 P-2 Trinity Lutheran Church Election Judge McKINNEY CAROL Stillwater W-2 P-2 Trinity Lutheran Church Election Judge MERTEN JANICE Stillwater W-2 P-2 Trinity Lutheran Church Election Judge RASMUSSEN KRISTINA Stillwater W-2 P-2 Trinity Lutheran Church Election Judge RITTER FRANK Stillwater W-2 P-2 Trinity Lutheran Church Election Judge SAMUELSON JILL Stillwater W-2 P-2 Trinity Lutheran Church Election Judge TROM MATTHEW Stillwater W-2 P-2 Trinity Lutheran Church Election Judge TRUE JOHNSON DONA Stillwater W-2 P-2 Trinity Lutheran Church Student Trainee BUSH INDIA Stillwater W-2 P-2 Trinity Lutheran Church Head Judge KOEHNLE HEIDI Stillwater W-3 P-3 Stillwater Evangelical Free Church Co -Head Judge ANDERSON JEFFREY Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge BRANJORD KARI Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge BUSH REBECCA Stillwater W-3 P-3 Stillwater Evangelical Free Church 2 Election Judge CLARK GAYLE L Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge DITTBENNER DAVID Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge FISCHER TRICIA Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge FRAZIER RENWICK Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge GARLEY KAREN Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge HELLER BRYAN Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge JAMES JULIA Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge JOHNSON PAUL Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge KALUSCHE DANIEL Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge KING TARA Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge KIRKWOLD PAUL Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge KRAKER ANN Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge LETOURNEAU SARA Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge MIDDLETON GEORGE Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge PETERSON KARLYN Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge RECKNER DEBORAH Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge SWENSON DEIDRA Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge TOMASINI STEPHEN Stillwater W-3 P-3 Stillwater Evangelical Free Church Election Judge WESSEL DEANNE Stillwater W-3 P-3 Stillwater Evangelical Free Church Head Judge MEYER SHERYL Stillwater W-4 P-4 Our Savior's Lutheran Church Co -Head Judge HILGERS CHRISTOPHER Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge CATURIA ANN Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge CHARLSEN JULIA Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge COLE MARICA Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge ERICKSON SARAH B Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge FERKINGSTAD DARLENE Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge JURSIK CAROL Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge KLAUS-RYAN SARAH Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge KOEHLER REBECCA Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge KUKER LYNN Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge MILLER STAN LEY Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge NELSON BETTY Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge NELSON BRIDGET Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge NORDLING LISA Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge PATTERSON SUSANNA Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge PLOCHER MICHELLE Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge SOENEN KRISTIE Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge SPRINGBORN MARY BETH Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge THOMAS MARGARET Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge WELTY ELIZABETH Stillwater W-4 P-4 Our Savior's Lutheran Church Election Judge WILTON MARY Stillwater W-4 P-4 Our Savior's Lutheran Church Q water. THE BIRTHPLACE OF MINNESOTA DATE: September 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: U.S. Bench Corporation License Renewal BACKGROUND U.S. Bench Corporation supplies benches along public bus routes. The company is not affiliated with any bus company. The fronts and backs of the benches are rented to individuals for the purpose of advertising their product or business. The City is paid $750 a year from U. S. Bench Corporation for 15 benches; in turn they contract the advertisements on the benches. ACTION REQUESTED Motion to approve a 2025 bench permit for U.S. Bench Corporation. S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Interim Community Development Director SUBJECT: Encroachment Agreement— 419 2nd Street South BACKGROUND The Property Owner at 419 Second Street South ("the Property") is proposing the reconstruction of concrete stairs leading from the Property to Second Street South. The request comes from a Condition of Approval for a Short-term Home Rental license. In the spring of 2024, the Property was issued a Short-term Home Rental license which included a Condition requiring safe egress from the rental to an open area/street. In coordination with the Building Department and Fire Department it was determined a staircase from the Property to Second Street would fulfill this requirement. To accommodate this option, the Property Owner must install new stairs leading from the Property to Second Street. As shown in the attached depiction, the proposed stairs will be located entirely within the Second Street Right -of -Way. In 2018 a previously existing set of stairs in a similar location were removed to allow the installation of a private water line servicing the subject Property. Staff is unsure how long the previous stairs had been installed in their original location but notes they were also primarily within the Second Street Right -of -Way. While not considered lawful nonconforming replacement, in order to obtain safe egress from the short-term home rental the Property Owner must enter into an Encroachment Agreement with the City for the reinstallation of a new set of stairs. Staff required the Property Owner to have the area surveyed by a Licensed Surveyor and has coordinated with the Engineering Department to ensure that the proposal would not impact near future plans for the right-of-way. The Property is somewhat unique in that it is located along a public right-of-way that, due to the steep incline, does not have a sidewalk and is seasonally closed. No additional properties along this stretch of Second Street South have access to the right- of-way nor does it appear they have historically. ALTERNATIVES • Approve Encroachment Agreement as presented • Deny Encroachment Agreement • Postpone Action for further information or revision to proposal RECOMMENDATION Staff does not object to the proposal and recommends approval of the Encroachment Agreement. ACTION Motion to approve the Encroachment Agreement for 419 Second Street South. ENCROACHMENT AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 419 2ND STREET SOUTH IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS ENCROACHMENT AGREEMENT ("Agreement") is made, entered into and effective this day of , 2024, by and among the City of Stillwater, a Minnesota municipal corporation ("City") and Brian Brosdahl, a single person ("Landowner"). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.1 City. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.2 City Improvements. "City Improvements" means all street, right of way and utility improvements in, under, across and through City Property. 1.3 City Property. "City Property" means that part of Second Street South as dedicated on the plat of THE ORIGINAL TOWN (NOW CITY) OF STILLWATER, "AS AMENDED BY MYRONS SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER DATED MAY 21, 1878" adjacent to part of former Block 29, now platted as Lots 1 and 2, GRANDVIEW BLUFF ADDITION, Washington County, Minnesota. 1 1.4 Construction Plans. "Construction Plans" means the most current construction plans approved and on file with the City related to the construction of Landowner Improvements. 1.5 Cost Differential. "Cost Differential" means the difference between the Pre - Encroachment Costs and the Utility Costs in light of the existence of the Landowner Improvements. The City's determination of the amount of the Cost Differential shall be binding on the Landowner. The City's determination shall be appropriately supported by cost estimates obtained from independent contractors or engineers. 1.6 Encroachment Area. "Encroachment Area" means the real property, legally described on Exhibit A, attached hereto and incorporated herein, used by Landowner for Landowner Improvements. 1.7 Landowner. "Landowner" means Brian Brosdahl, a single person, and their assigns and successors in interest with respect to the Landowner's Property. 1.8 Landowner Improvements. "Landowner Improvements" means Landowner's steps, sidewalk and related improvements located in the Encroachment Area on City Property, depicted on Exhibit B pursuant to the Construction Plans on file with the City. 1.9 Landowner's Property. "Landowner's Property" means the real property located in the City of Stillwater, Washington County, Minnesota, legally described on Exhibit C. 1.10 Maintain. As used in this Agreement with respect to the Landowner Improvements, "Maintain" and derivations thereof means to upkeep in accordance with relevant City ordinances and regulations applicable to such improvements. 1.11 Pre -Encroachment Costs. "Pre -Encroachment Costs" means a reasonable estimate by the City of the costs the City would have incurred for Utility Costs if the Landowner Improvements did not exist. 1.12 Utility Costs. "Utility Costs" means all costs incurred by the City (whether performed by the City or its agents or contractors), for the inspection of and access to and repair, maintenance and replacement of the City Improvements located in the City Property and the placement of additional City Improvements in the City Property. Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re -burying the City Improvements, re -compacting the soils over the City Improvements, restoring the City Property area, and all engineering and attorneys' fees incurred in connection therewith. Utility Costs also include the costs of temporarily removing the Landowner Improvements and subsequently replacing the Landowner Improvements in the City Property, if such costs have not already been paid by the Landowner. 2 ARTICLE 2 RECITALS 2.1 Landowner owns the Landowner's Property. 2.2 Encroachment Area is being improved with Landowner Improvements. 2.3 Landowner Improvements will be located on City Property. 2.4 Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to be placed with the City Property within the Encroachment Area, if the following conditions are met: (a) The Landowner maintains the Landowner Improvements. (b) Landowner makes no further Landowner Improvements pursuant to Section 3.2 below. (c) The Landowner agrees to pay the City any Cost Differential relating to inspections, access, repair, maintenance and replacement of City Easement Improvements and the placement of any additional City Improvements in the City Property. (d) The Landowner agrees to temporarily remove the Landowner Improvements in the event the City has need to access the area where the Landowner Improvements exist in order for the City to inspect, repair, maintain, and replace the City Improvements or construct additional City Improvements in the City Property. ARTICLE 3 AGREEMENTS 3.1 Construction And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the Landowner Improvements in the City Easement. The Landowner Improvements shall only be placed at the locations specified in the Construction Plan. The Landowner Improvements must be constructed according to the Construction Plan. Following construction, under the terms and conditions stated herein, Landowner shall have the right to enjoy the use of Landowner Improvements, including reasonable ingress and egress from Landowner Improvements. Landowner shall, at its own cost, maintain Landowner Improvements. 3.2 No Additional Structures Or Expansion And Termination. Landowner Improvements shall not be relocated, moved or expanded such that any further or different encroachment on the City Property occurs. Landowner shall not place any other structures, including but not limited to, retaining walls, irrigations systems, buildings, fences or trees within the footprint of the Encroachment Area or elsewhere on City Property. 3 3.3 City Not Responsible For Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the City Property. 3.4 Continuing Right To City Property. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the Encroachment Area. 3.5 Risk Of Loss. Landowner understands and agrees that the Landowner Improvements within the Encroachment Area may be adversely affected by damage caused to Landowner Improvements arising out of the City's use of the Encroachment Area. The parties agree that the City is not responsible for such events; the City shall have no liability to Landowner for such events. Landowner assumes the risk of installing the Landowner Improvements in the Encroachment Area. 3.6 Landowner To Bear Cost Of Relocating Landowner Improvements. The City is responsible for the repair and maintenance of the City Improvements in the City Property. The City may require the Landowner at the expense of the Landowner to temporarily remove and subsequently replace the Landowner Improvements in the City Property in order for the City to gain access to the City Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City Improvements or adding future City Improvements. If the Landowner does not perform such tasks, the City may perform such tasks and in such case the Landowner shall reimburse the City for the City's costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Landowner and allow the Landowner twenty (20) days from the date of the written notice to perform the tasks. If the Landowner has not completed the work within the twenty (20) days, then the City may proceed to perform the tasks. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility billings within the City. 3.7 Emergency. The City shall not be required to give notice if the City's Engineer determines that an emergency exists. In such instance, the City, without giving notice to the Landowner may perform the work and in such case the Landowner shall reimburse the City for the costs and expenses relating to the work. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. 3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection, maintenance, repair or replacement of the City Improvements or relating to El construction of new City Improvements in the future, then the Landowner shall pay the Cost Deferential to the City. The Landowner must make payment for the Cost Deferential within 30 days after the City has sent a written invoice for the Cost Deferential to the Landowner. 3.9 Remedies. If the Landowner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: (a) The City may specifically enforce this Agreement. (b) If Landowner fails to make payments under Sections 3.6, 3.7 and 3.8, then the City may certify to Washington County the amounts due as payable with the real estate taxes for the Landowner Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The Landowner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Landowner Property. Further, as an alternate means of collection, if the written billing is not paid by the Landowner, the City, without notice and without hearing, may specially assess the Landowner Property for the costs and expenses incurred by the City. The Landowner hereby waives any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Landowner Property. The Landowner waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Landowner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Landowner Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.10 Indemnification. The Landowner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; (b) Maintenance of the Landowners Improvements; (c) Failure by the Landowner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the Encroachment Area for Landowner Improvements. 3.11 City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Landowner's obligations contained in Article 3 if the Landowner does not perform such obligations. ARTICLE 4 MISCELLANEOUS PROVISIONS 4.1 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 4.2 Recording. The City shall record this Agreement with the Washington County Recorder against the Landowner Property. Landowner shall pay for the cost of recording. 4.3 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Landowner Property and shall be binding upon the heirs, successors, administrators and assigns of the parties, for so long as the Landowner Improvements remain on the Encroachment Area. The obligations of the Landowner contained in this Agreement are joint and several. 4.4 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 4.5 Governing Law And Venue. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota and any action shall be venued in Washington County District Court. 4.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. III 4.7 Headings. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 4.8 Notice. Notice shall mean notice given by one party to the other if in writing and if and when delivered or tendered either: (i) in person; (ii) by depositing it in the United States main in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and addressed to the party or persons intended to be addressed as follows: IF TO CITY: City of Stillwater Attention: City Administrator 216 North Fourth Street Stillwater, MN 55082 IF TO LANDOWNER: Brian Brosdahl 419 2nd Street South Stillwater, MN 55082 or to such other address as the parry addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page has been intentionally left blank.] 7 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY OF STILLWATER M. Ted Kozlowski, Its Mayor Beth Wolf Its City Clerk STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this day of , 2024, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public N. LANDOWNER: BRIAN BROSDAHL Brian Brosdahl STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me on day of , 2024, by Brian Brosdahl, a single person. THIS INSTRUMENT WAS DRAFTED BY: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 Notary Public 01 EXHIBIT A LEGAL DESCRIPTION OF ENCROACHMENT AREA That part of the east 10.00 feet of Second Street South as dedicated on the plat of THE ORIGINAL TOWN (NOW CITY) OF STILLWATER, "AS AMENDED BY MYRONS SHEPARD' S PERFECTED PLAT OF THE CITY OF STILLWATER DATED MAY 21, 1878" adjacent to part of former Block 29, now platted as GRANDVIEW BLUFF ADDITION, which lies between lines 27.00 feet northerly and 10.00 feet northerly of the westerly extension of the southerly line of Lot 1, Block 1, said GRANDVIEW BLUFF ADDITION, Washington County, Minnesota. 1W1 EXHIBIT B DEPICTION OF ENCROACHMENT AREA PROJECT LOCATION: 419 SECOND STREET S. STILLWATER, MN 55082 PROJECT NO. ZZ23813 PID#280302044010 G �O Cc i T Z Q•L1 (� SIDEWALK y 2 TO HOUSE -_ C I m SIDEWALK — PROPOSED tvOUC a,--- -- TO STREET j\ i 7 0 STEPS & VOOF OS 1. LANDING `BtVyF OtI 5'Vi �NOV1ON ,—'3Applit0N O O 2 SW CORNER LOT 1, -- BLOCK 1, GRANDVIEW BLUFF ADDITION Rw 6p 0 10 160 DENOTES ENCROACHMENT AGREEMENT AREA ZZ—ZZ7, J7 Suite 1970 Northwestern Ave. Ave. Stillwater, MN 55082 Phone 6 S I.275.8969 CERTIFICATION 0 dan®cssurvey .net I hereby certify that this survey, plan or report was prepared by me, or under my direct supervision, and NORTH that I am a duly Licensed Land Surveyor under the laws of the State of MINNESOTA. EXISTING SURVEY, PROPOSED STEPS & LANDING PER CORNERSTONE INFORMATION PROVIDED DANIEL L. THURMES License No.25718 Date: 8-1-24 BY BRIAN C. BROSDAHL LAND SURVEYING, INC. EXHIBIT C LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY That real property located in the City of Stillwater, Washington County, Minnesota, legally described as follows: Lot 1 and Lot 2, Block 1, Grandview Bluff Addition. Abstract Property PID:2803020440104 C-1 i water THE BIRTHPLACE OF MINNESOTA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Fee Schedule Amendment for On -Sale Liquor License Fee Increase BACKGROUND At the September 17, 2024 Council meeting, City Council approved the 2025 budget which included increasing only the On -Sale Intoxicating liquor license fees from $2,887.50 to $3,200 beginning January 1, 2025. There are 40 businesses that currently have an on -sale license and 2 business have a micro distiller cocktail room on -sale license that will be affected by this fee increase. Other on -sale licenses such as Club On -sale and Brewers Tap Room On -sale are set at a different rate and won't be affected by this increase. Any increase to a liquor license fee requires a public hearing per Minnesota Statute 304A.408 Subd. 3a. Also, the City Fee Schedule needs to be amended for this fee increase and that requires two readings. Therefore, due to timing of mailing license renewals for 2025 to businesses, the 1st reading of the ordinance is October 1st and the public hearing will occur at the 2nd reading on October 15, 2024. Businesses have been notified of the hearing and the public hearing has been published in the Gazette. RECOMMENDATION Staff recommends Council approve the 1st reading of the Ordinance and hold the public hearing at the 2nd reading on October 15, 2024. ACTION REQUESTED If Council concurs with staff recommendation, they should pass a motion approving the 1st reading of the Ordinance amending the Fee Schedule increasing the fee for an On - Sale Liquor License. City of Stillwater Washington County, Minnesota ORDINANCE xxxx AN ORDINANCE AMENDING THE CITY OF STILLWATER 2024 FEE SCHEDULE The City Council of the City of Stillwater does ordain: SECTION 1 The following fees are hereby revised by ordinance: a) III. BUSINESS LICENSING FEES. Increase On -Sale Intoxicating Liquor License fees as follows: Alcohol Licenses On -Sale $9 3 200 Micro Distiller Cocktail Room On -Sale 3 200 SECTION 2 UNCODIFIED. This ordinance shall not be codified in the Stillwater City Code but fees will be included in the City's adopted 2025 Fee Schedule. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amends on -sale intoxicating liquor license fees. The ordinance will not be codified in the City Code but the fees will be listed in the City's Fee Schedule. SECTION 4 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of 2024. CITY OF STILLWATER Ted Kozlowski, Mayor /_rliIII43 i Beth Wolf, City Clerk S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Agreement Between Owner and Construction Manager as Advisor for the Aiple House Renovation Project. Project 2024- 11 DISCUSSION The design phase of the Aiple House Renovation Project is nearing completion. The next step is to hire a construction manager to assist with a preconstruction estimate and review of the architectural drawings. HCM Architects has suggested Kraus -Anderson for this portion of the project. Kraus -Anderson has worked on past projects with the City, most recently the Stillwater Fire Station. Kraus Anderson's estimate for this work is $10,000. Should the project proceed, an amendment to this agreement would be required for the construction manager on the construction portion of the project. RECOMMENDATION Staff recommends approving Standard Form of Agreement Between Owner And Construction Manager As Advisor for The Aiple House Renovation Project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AS ADVISOR FOR THE AIPLE HOUSE RENOVATION PROJECT 0 =1-11 Document C132 - 2019 Standard Form of Agreement Between Owner and Construction Manager as Adviser AGREEMENT made as of the 1 st day of October in the year 2024 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address, and other information) This document has important City of Stillwater legal consequences. Consultation 216 North Fourth Street with an attorney Stillwater, MN 55082 is encouraged with respect to its completion or modification. and the Construction Manager: (Name, legal status, address, and other information) This document is intended to be used in conjunction with AIA Documents All 32TM-2019, Kraus -Anderson Construction Company Standard Form of Agreement 501 South 8th Street Between Owner and Contractor, Minneapolis, MN 55404 Construction Manager as Adviser Edition; A232M-2019, General for the following Project: Conditions of the Contract for (Name, location, and detailed description) Construction, Construction Manager as Adviser Edition; and Aiple House Renovation B132TM-2019, Standard Form of 1513 Main Street North Agreement Between Owner and Stillwater, MN 55404 Architect, Construction Manager as Adviser Edition. AIA Document The Architect: A232TM-2019 is adopted in this (Name, legal status, address, and other information) document by reference. Do not use with other general conditions HCM Architects unless this document is modified. 4201 Cedar Avenue South Minneapolis, MN 55407 The Owner and Construction Manager agree as follows. Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 11:29:43 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Renovation of the Aiple House — 6,000 SF § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc) I See 1.1.1 § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown) Three Million and 00/100 Dollars ($3,000,000.00) § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Init. AIA Document C132 — 2019. Copyright © 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 2 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) The construction documents are intended to be completed late 2024 for bidding prior to the end of the year. A detailed schedule will be determined in collaboration with the Owner, Construction Manager, and Architect. Construction commencement date: Anticipated Spring 2025 Substantial Completion date or dates: To be determined in collaboration with the Owner, Construction Manager, and Architect; however, it is anticipated to be Fall 2025. Other milestone dates: § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) Competitivelyper applicable public bidding laws with multiple prime contractors under contract with the Owner. § 1.1.6 The Owner's requirements for accelerated or fast -track design and construction, multiple bid packages, or phased construction are set forth below: (Identify any requirements for fast -track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) .m § 1.1.7 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) N/A § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall endeavor to define the terms, conditions and services related to the Owner's Sustainable Objective and mU complete and incorporate AIA Document E235T"--2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this . Agreement. If E235-2019 is incorporated into this Agreement, the Owner and Construction Manager shall incorporate the completed E235-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere) N/A § 1.1.9 The Owner identifies the following representative in accordance with Section 5.5: (List name, address, and other contact information) Shawn Sanders — Public Works Director / City En ig neer City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Phone: (651) 430-8830 Email: ssanders@ci.stillwater.mn.us Init. AIA Document C132 — 2019. Copyright @ 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) § 1.1.10 The persons or entities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address, and other contact information) N/A § 1.1.11 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information) .1 Land Surveyor: :E .2 Geotechnical Engineer: IY:301 .3 Civil Engineer: .4 Contractors, as defined in Section 1 A .E .5 Separate Contractors, as defined in Section 1 A WE .6 Other, if any: (List any other consultants retained by the Owner.) .E § 1.1.12 The Construction Manager identifies the following representative in accordance with Section 2.5: (List name, address, and other contact information) Dustin Phillips — Construction Executive Kraus -Anderson Construction Company 501 South 8th Street Minneapolis, MN 55404 Phone: (612) 419-9563 Email: dustin.phillips&krausanderson.com § 1.1.13 The Construction Manager's staffing plan as required under Section 3.3.3 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known) Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 4 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) TBD § 1.1.14 The Construction Manager's consultants retained under Basic Services, if any: (List name, legal status, address, and other contact information of any consultants) TBD § 1.1.15 The Construction Manager's consultants retained under Supplemental Services: TBD § 1.1.16 Other Initial Information on which this Agreement is based: N/A § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Construction Manager sshall, by appropriate written agreement, appropriately adjust the Construction Manager's services, schedule for the Construction Manager's services, and the Construction Manager's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon written Construction Manager shall assist the Owner and Architect in establishing protocols governing the transmission and use of, and reliance -on -,-of Instruments of Service or any other information or documentation in digital form. The parties may use AIA Document E203T11-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to tten protocols governing the use of, and reliance on, the information contained in the med4model, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 The term "Contractors" refers to persons or entities who perform Work under contracts with the Owner that are administered by the Construction Manager and Architect. The term "Contractors" is used to refer to such persons or entities, whether singular or plural. The term does not include the Owner's own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Construction Manager and Architect. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B 132Tw-2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall coordinate its services with those services provided by the Owner, the Architect, the Contractors, and the Owner's other consultants and Separate Contractors. The Construction Manager shall be entitled to rely on, and shall not be responsible for, the accuracy and completeness of services and information furnished by the Owner, the Architect, and the Owner's other consultants and Separate Contractors. The Construction Init. AIA Document C132 — 2019. Copyright @ 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 5 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) Manager shall provide prompt written notice to the Owner if the Construction Manager becomes aware of any error, omission, or inconsistency in such services or information. § 2.5 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.6 The Construction Manager, as soon as practicable after execution of the Agreement, shall notify the Owner in writing of the names and qualifications of its proposed key staff members. Within 14 days of receipt of the names and qualifications of the Construction Manager's proposed key staff members, the Owner may reply to the Construction Manager in writing, stating (1) whether the Owner has reasonable objection to a proposed key staff member or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. The Construction Manager shall not staff any employees on the Project to whom the Owner has made reasonable and timely objection. The Construction Manager shall not change its key staff members without the Owner's consent, which shall not be unreasonably withheld or delayed. § 2.7 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager's judgment with respect to this Project. § 2.8 The Construction Manager shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Construction Manager normally maintains, the Owner shall pay the Construction Manager as set forth in section 11.7. § 2.8.1 Commercial General Liability with policy limits of not less than Two Million Dollars ($ 2,000,000 ) for each occurrence and Two Million Dollars ($ 2,000,000 ) in the aggregate for bodily injury and property damage. § 2.8.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager with policy limits of not less than Due Million Dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.8.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.8.1 and 2.8.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.8.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than Five Hundred Thousand Dollars ($ 500,000 ) each accident, Five Hundred Thousand Dollars ($ 500,000 ) each employee, and Five Hundred Thousand Dollars ($ 500,000 ) policy limit. § 2.8.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than Five Million Dollars ($ 5,000,000 ) per claim and Five Million Dollars ($ 5,000,000 ) in the aggregate. �s•���e r. rctr.�� ri r-ram. ri � . lieies and shall . ,.1,, to both , ..a , Mete o-vati .Reserved. § 2.8.7 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.8. § 2.9 The Construction Manager shall assist the Owner, Architect, and other Project participants in establishing w+i#errbuildina information modelingand digital data protocols for the Project, which may be documented using AIA Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 6 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) Document E203T"4­2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, , ineluding building infefmation models for- the Proje 4-.and exchange of digital data. § 2.10 A -If a centralized electronic document management system will be used on the Project, and -the Construction Manager shall be responsible for managing and maintaining the centralized electronic document management system. The cepAralized eleetfonic doeumen4 management system shall include the following: § 2.11 The Construction Manager shall retain all Project related documents and information it receives, and the Owner and Architect shall have access to the documents and information. The Construction Manager shall transmit the documents and information to the Owner at final completion. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition The Construction Manager's Basic Services consist of those described in this Article 3, and include usual and customary Preconstruction and Construction Phase Services. Services not set forth in this Article 3 are Supplemental or Additional Services. The Owner, Construction Manager, and Contractors may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, for the Owner's approval, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work. The Construction Manager shall periodically update the Construction Management Plan, for the Owner's approval, over the course of the Project. § 3.2.4 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that affect the Project's timely completion. § 3.2.5 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered in advance of construction, obtaining the required reviews and approvals of authorities having jurisdiction over the Project, and the occupancy requirements of the Owner. § 3.2.6 Based on the preliminary design and information prepared or provided by the Architect and other Owner consultants, the Construction Manager shall prepare, for the Architect's review and Owner's approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques, including the establishment of sufficient contingency to reasonably anticipate the development of the Project's design documents. § 3.2.7 The Construction Manager shall review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 7 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; sequencing for phased construction; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 3.2.8 The Construction Manager shall review recommendations for systems, materials, or equipment for the impact upon cost, schedule, sequencing, constructability, and coordination among the Contractors. The Construction Manager shall discuss its findings with the Owner and the Architect, and ^^^assist the Owner and Architect with resolution, as necessary, of any such impacts. § 3.2.9 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for further development of the design, bidding or negotiating, price escalation, and market conditions. The estimate shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action. § 3.2.10 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that the design, or details, adversely affect cost, scope, schedule, constructability, or quality of the Project. § 3.2.11 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.12 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.13 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual contracts for the construction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts for Construction. The Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. § 3.2.14 The Construction Manager shall make recommendations about, and coordinate the ordering and delivery of, materials in support of the schedule, including those that must be ordered in advance of construction. § 3.2.15 The Construction Manager shall assist the Owner in selecting, retaining, and coordinating the professional services of surveyors, geotechnical engineers, special consultants, and construction materials testing required for the Proj ect. § 3.2.16 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.17 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and quasi - governmental authorities for inclusion in the Contract Documents. § 3.2.18 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 8 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) § 3.2.19 The Construction Manager, in consultation with the Owner, shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager shall assist the Owner and the Architect with the development of the Bidding Documents, which consist of bidding requirements and proposed Contract Documents. The Construction Manager, with the assistance of the Architect, shall issue Bidding Documents to bidders and conduct pre -bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with each set of Bidding Documents. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The Construction Manager shall submit a list of prospective bidders for the Architect's review and the Owner's approval. § 3.2.21 The Construction Manager, with the assistance of the Architect, shall review bids, and prepare bid analyses, and make recommendations to the Owner for the Owner's award of Contracts for Construction or rejection of bids. § 3.2.22 The Construction Manager, with the assistance of the Architect, shall assist the Owner in preparing Contracts for Construction. The Construction Manager shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. The Owner will review and approve contracts consistent with the Owner's annroval process. § 3.2.23 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.2.24 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities , Gens4uefien Manager- as Advisef Edition, a4taebed to this .per the agreed -upon terms, conditions and services related to the Owner's Sustainable Obiective. § 3.3 Construction Phase § 3.3.1 The Construction Manager shall provide on -site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232Tm-2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-2019, those modifications shall not affect the Construction Manager's services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.2 Subject to Section 4.2 and except as provided in Section 3.3.30, the Construction Manager's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 The Construction Manager shall review and analyze the construction schedules provided by the Contractors to update the Project schedule, incorporating the activities of the Owner, Architect, and Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to Init. AIA Document C132 — 2019. Copyright © 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 9 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) show current conditions. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss matters such as procedures, progress, coordination, and scheduling of the Work, and to develop solutions to issues identified. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. § 3.3.7 In accordance with the Contract Documents and the latest approved Project schedule, and utilizing information from the Contractors, the Construction Manager shall review, analyze, schedule and coordinate the overall sequence of construction and assignment of space in areas where the Contractors are performing Work. § 3.3.8 The Construction Manager shall coordinate all tests and inspections required by the Contract Documents or governmental authorities, observe the on -site testing and inspections, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual costs and budgeted or estimated costs. If a Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor's cost control information to the Owner. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project and include them in the Construction Manager's progress reports. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. .2 Where there is more than one Contractor responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Construction Manager receives each Contractor's Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor; (2) prepare a Summary of Contractors' Applications for Payment by summarizing information from each Contractor's Application for Payment; (3) prepare a Project Application and Certificate for Payment; (4) certify the total amount the Construction Manager determines is due all Contractors collectively; and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work Init. AIA Document C132 — 2019. Copyright @ 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 10 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) for conformance with the Contract Documents upon Substantial Completion; (2) results of subsequent tests and inspections; (3) correction of minor deviations from the Contract Documents prior to completion; and (4) specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, procedures, or sequences for a Contractor's own Work; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor's right to payment; or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall obtain and review the safety programs developed by each Contractor solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations for any additional safety measures to be considered in the Work of the Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.22.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible to the Owner for the Construction Manager's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations, and requests for information of the meaning and intent of the Drawings and Specifications, and provide its vffitte reeommendation. Specifications. The Construction Manager shall assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if the proposed changes are accepted or required by the Owner, prepare Change Orders or Construction Change Directives that incorporate the Architect's modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.2.2.7. Init. AIA Document C132 — 2019. Copyright @ 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 11 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner's consultants, Owner's Separate Contractors and vendors, governmental agencies, and participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. § 3.3.20 The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples, and other submittals from the Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager's actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractors, the Owner, or the Architect. § 3.3.20.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractors by the Contract Documents, the Construction Manager shall review those submittals for sequencing, constructability, and coordination impacts on the other Contractors. The Construction Manager shall discuss its findings with the Owner and the Architect, and eea assist the Owner and the Architect with resolution, as necessary, of any such impacts. § 3.3.21 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.21.1 The Construction Manager shall collect, review for accuracy, and compile the Contractors' daily logs; and include them in the Construction Manager's reports prepared and submitted in accordance with section 3.3.21.2. § 3.3.21.2 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Contractors' Applications for Payment; .9 Cumulative total of the Cost of the Work to date including the Construction Manager's compensation and reimbursable expenses at the job site, if any; .10 Cash -flow and forecast reports; .11 Photographs to document the progress of the Project; .12 Status reports on permits and approvals of authorities having jurisdiction; and .13 Any other items the Owner may require: § 3.3.21.3 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 Contractors' work force reports; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates; and .4 Any other items as the Owner may require: § 3.3.22 Utilizing the documents provided by the Contractors, the Construction Manager shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 12 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Owner, Architect, and Contractors. Upon completion of the Project, the Construction Manager shall deliver them to the Owner. § 3.3.23 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner -purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.24 With the Owner's maintenance personnel, the Construction Manager shall observe the Contractors' final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.25 When the Construction Manager considers each Contractor's Work or a designated portion thereof substantially complete, the Construction Manager shall, jointly with that Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.26 When the Work of all of the Contractors, or designated portion thereof, is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractors. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall perform an inspection to confirm the completion of the Work of the Contractors and make recommendations to the Architect when the Work of all of the Contractors is ready for final inspection. The Construction Manager shall assist the Architect in conducting the final inspection. § 3.3.27 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractors: (1) certificates of insurance ; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractors under the Contract Documents, including warranties and similar submittals. § 3.3.28 The Construction Manager shall coordinate receipt, and delivery to the Owner, of other items provided by the Contractors, such as keys, manuals, and record drawings. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment, or a final Application for Payment and final Certificate for Payment, upon the Contractors' compliance with the requirements of the Contract Documents. § 3.3.29 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the , n -ehite aaa Gen4r-, eta .s Owner and Construction Manager. Consent shall not be unreasonably withheld. § 3.3.30 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner and Architect to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Supplemental Services only if specifically designated in the table below as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Construction Manager is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Construction Manager's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Construction Manager or Owner shall be responsible for providing the Init. AIA Document C132 — 2019. Copyright © 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 13 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Construction Manager, Owner or notprovided) 4.1.1.1 Measured drawings Owner 4.1.1.2 Tenant -related services Owner, if re uired 4.1.1.3 Commissioning Owner, if re uired 4.1.1.4 Development of a commissioning plan Owner, if required 4.1.1.5 Sustainable Project Services pursuant to Section 4.1.3 N/A § 4.1.1.6 Furniture, furnishings and equipment delivery, and installation coordination Construction Manager, if required § 4.1.1.7 Furniture, furnishings and equipment rocurement assistance N/A 4.1.1.8 Assistance with site selection N/A 4.1.1.9 Assistance with selection of the Architect Owner 4.1.1.10 Furnish land survey Owner, if re uired 4.1.1.11 Furnish geotechnical engineering services Owner 4.1.1.12 Provide insurance advice Owner, if required § 4.1.1.13 Provide supplemental Project risk analysis and mitigation strategies Owner, if required 4.1.1.14 Stakeholder relationships management N/A 4.1.1.15 Owner moving coordination N/A 4.1.1.16 Coordination of Owner's Separate Contractors Construction Manager, if required 4.1.1.17 Other Supplemental Services N/A § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Construction Manager's responsibility is provided below. (Describe in detail the Construction Manager's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall provide, as a Supplemental Service, the Sustainability Services required in ^�Document E235TM 2019, Sustainable Projo .� R..hibi♦ Const...,ctio,, Manager as Adviser Edition, attached to this n gree,. en4 per the agreed -upon terms, conditions and services related to the Owner's Sustainable Objective. The Owner shall compensate the Construction Manager as provided in Section 11.2. § 4.2 Construction Manager's Additional Services § 4.2.1 The Construction Manager may provide Additional Services after execution of this Agreement, without invalidating this Agreement. Except Tto the extent services are required due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.2 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.2.2 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 14 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) Construction Manager shall not proceed to provide the following Additional Services until the Construction Manager receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6. Services necessitated by sections 6.4 and 6.6 shall not be considered additional services; .2 Services necessitated by the enactment or revision of codes, laws, regulations or official interpretations after the date of this Agreement; .3 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's other consultants or contractors; .4 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .5 Preparation for, and attendance at, a public presentation, meeting or hearing; .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .7 Consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; or .8 Assistance to the Initial Decision Maker. § 4.2.3 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Construction Manager's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Construction Manager of the Owner's determination. The Owner shall compensate the Construction Manager for the services provided prior to the Construction Manager's receipt of the Owner's notice: .1 Providing assistance to the Initial Decision Maker in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work. .2 Services required in an emergency to coordinate the activities of a Contractor or Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.15. § 4.2.4 Except for services required under Section 3.3.30, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work, or (2) the anticipated date of Substantial Completion identified in the Initial Information, whichever is earlier, shall be compensated as Additional Services to the extent the Construction Manager incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within to be determined via a future amendment ( ) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner acknowledges that accelerated, phased, or fast -track design and construction provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast -track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B 132-2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 15 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) Adviser Edition. The Owner shall provide the Construction Manager with a copy of the scope of services in the agreement executed between the Owner and Architect, and any further modifications to the Architect's scope of services in the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 5.6 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.9 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E235T1*4--2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. § 5.10 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Construction Manager in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.11 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.12 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.13 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service or any fault or defect in the Construction Manager's services. § 5.14 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.15 The Owner shall communicate with the Contractors and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 16 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) Construction Manager shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.16 Before executing the Contracts for Construction, the Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contracts for Construction with the Construction Manager's services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.17 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractors to provide the Construction Manager access to the Work wherever it is in preparation or progress. § 5.18 Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce lien rights. § 5.19 The services, information and reports provided by the Owner pursuant to this Article 5 shall be provided at the Owner's expense. and the Construction Manager shall be entitled to rely upon the accuracv and completeness thereof. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget for the Cost of the Work, and the estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager's judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors' methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Construction Manager. § 6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 6.4 If the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. Init. AIA Document C132 — 2019. Copyright @ 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 17 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) § 6.6 If the Owner chooses to revise the Project program, scope, or quality to reduce the Cost of the Work pursuant to Section 6.5.3, or if the bids or proposals received from the prospective Contractors, in the aggregate, exceed the Owner's budget for the Cost of the Work, and the Owner chooses to revise the Project program, scope, or quality to reduce the Cost of the Work, the Construction Manager shall cooperate with the Owner and Architect to develop the necessary revisions, update the cost estimate, and obtain additional bids. The Construction Manager will perform the services described in Sections 6.4 and 6.6 without additional compensation. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Construction Manager's consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting parry is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Proj ect. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2019, General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Manager's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend. The Construction Manager's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 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 binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Construction Manager's services, the Construction Manager may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 18 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ XI Litigation in a court of competent jurisdiction [ ] Other: (Spec) If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 19 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) § 8.3.4.3 The Owner and Construction Manager grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Construction Manager under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Construction Manager all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Construction Manager terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Construction Manager for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Construction Manager's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Construction Manager terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Construction Manager the following termination fee: (Set forth below the amount of any termination fee, or the method for determining any termination fee) Payment for services performed and costs incurred by reason of such termination, along with reasonable profit on services not completed during the Construction Phase.. § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. Init. AIA Document C132 — 2019. Copyright © 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 20 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2019, General Conditions of the Contract for Construction, except for purposes of this Agreement, the term "Work" shall include the work of all Contractors under the administration of the Construction Manager and the Architect. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Construction Manager by the Owner prior to the assignment. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third parry against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials. The Construction Manager shall provide professional credit for the Architect and the Contractors in the Construction Manager's promotional materials for the Project. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Construction Manager or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate the Construction Manager as follows: Init. AIA Document C132 — 2019. Copyright @ 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 21 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages) Lump Sum of $10,000 for 6 months of Preconstruction Phase Services from the date of this Agreement. Should the Preconstruction Phase exceed the above period, the Construction Manager's time shall be billed at the hourly rates set forth in Section 11.5. § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages) The Construction Manager shall be paid (i) a fee of 2.5% of the Cost of the Work defined in Article 6, (ii) the Construction Manager's costs for administrating and managing the Project at the hourly rates set forth in Section 11.5.1, (iii) the costs of Construction Manager's field labor for general conditions work at the hourly rates set forth in section 11.5.2, and (iv) any Reimbursable Expenses. Once the project has been sufficiently defined after the Preconstruction Phase, the Owner and Construction Manager shall execute an Amendment setting forth the Construction Manager's compensation for the Construct Phase of the Project as described herein. Any Construction Phase services performed prior to execution of the Amendment shall be billed at the hourly rates set forth in Sections 11.5.1 and 11.5.2, plus Reimbursable Expenses. § 11.2 For the Construction Manager's Supplemental Services designated in Section 4.1.1, and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply) At the hourly rates set forth in Sections 11.5.1 and 11.5.2, plus Reimbursable Expenses. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation) At the hourly rates set forth in Sections 11.5.1 and 11.5.2, plus Reimbursable Expenses. § 11.4 Compensation for Supplemental and Additional Services of the Construction Manager's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus percent( %), or as follows: (Insert amount of or basis for computing, Construction Manager's consultants' compensation for Supplemental or Additional Services) § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) § 11.5.1 Hourly Rates for administrative and management personnel: Personnel Category Rate Per Hour Project Director $200.00 / hour Senior Project Manager/Construction Executive/Project Executive $170.00 / hour Project Manager $150.00 / hour Assistant Project Manager $122.00 / hour Project Engineer/Field Engineer $110.00 / hour Director of Preconstruction $161.00 / hour Init. AIA Document C132 — 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 22 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) Preconstruction Manae_er/Estimator $150.00 / hour Assistant Estimator $108.00 / hour Safety Director $158.00 / hour Safety Engineer/Safety Manager $140.00 / hour Quality Director $184.00 / hour Quality Manager $148.00 / hour MEP Specialist $160.00 / hour VDC/BIM $135.00 / hour General Superintendent $157.00 / hour Field Superintendent $147.00 / hour Assistant Superintendent $130.00 / hour Project Coordinator/Accounting/Marketing $74.00 / hour Computer/IT $95.00 / hour Yard Delivery $125.00 / hour Project Intern $55.00 / hour The rates set forth above shall be in effect through December 31, 2024. Thereafter the rates shall be increased by three percent (3.0%)_per year as of January 1 of each subsequent year. § 11.5.2 Regular Hourly Rates for field labor personnel for any miscellaneous general requirements or general conditions -type work: Personnel Category Rate Per Hour Carpenter - Journeyman $114.10 / hour Carpenter - Foreman $119.57 / hour Carpenter - General Foreman $124.68 / hour Laborer - Journeyman $104.39 / hour Laborer - Foreman $104.76 / hour Operator - G 1 $118.55 / hour Operator - G2 $117.95 / hour Operator - G3 $115.53 / hour Operator - G4 $114.97 / hour Operator - G5 $111.67 / hour Operator - G6 $109.10 / hour Operator - G7 $107.17 / hour Operator - G8 $103.72 / hour The rates set forth above shall be increased in accordance with the terms of anyapplicable collective bargaining agreement. The rates for any miscellaneous tool or equipment rentals shall be at the rates set forth in Exhibit A. § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; Init. AIA Document C132 - 2019. Copyright© 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 23 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) .7 Professional photography, and presentation materials requested by the Owner; .8 If required by the Owner, and with the Owner's prior written approval, the Construction Manager's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Construction Manager's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 General conditions expenditures; .12 General liability, professional liability, and umbrella liability insurance at a rate of 0.99% of the cost of the Construction Manager's Preconstruction and Construction Phase services; .13 Coordination of warranty work required to be performed by the Contractors after substantial completion of the Project at a rate of 0.15% of the Cost of the Work defined in Article 6-,.and I.14Other similar Project -related expenditures. § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's eensultants plus pe-re€fft1(consultants. plus two and a half percent ( 2.5 %) of the expenses incurred. § 11.7 Construction Manager's Insurance. If the types and limits of coverage required in Section 2.8 are in addition to the types and limits the Construction Manager normally maintains, the Owner shall pay the Construction Manager for the additional costs incurred by the Construction Manager for the additional coverages as set forth below. (Insert the additional coverages the Construction Manager is required to obtain in order to satisfy the requirements set forth in Section 2.8, and for which the Owner shall reimburse the Construction Manager.) § 11.8 Payments to the Construction Manager § 11.8.1 Initial Payment § 11.8.1.1 An initial payment of ($ ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.8.2 Progress Payments § 11.8.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon) °`The rate of interest required by applicable law, or if no such rate is required by applicable law, invoices due and § 11.8.2.2 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work, unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.8.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) Init. AIA Document C132 — 2019. Copyright @ 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 24 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) § 12.1 DOCUSIGN ELECTRONIC SIGNING SYSTEM. The Construction Manager has an agreement with DocuSign, Inc. ("DocuSign") with respect to the DocuSign electronic signing ling system (the "DocuSign System"). The DocuSign System may be used to facilitate the administration and execution of the Owner's Construction Contracts with the Multiple Prime Contractors, as well as various other Contract Documents requiring signatures. Should the Owner elect to have the Construction Manager use the DocuSign System with respect to anyportion of the Project, the Owner acknowledges and agrees that (i) the Owner conducted its own independent investigation and evaluation as to all legal and other considerations related to its decision to use the DocuSign System on the Project, (ii) the Owner did not rely on any advice, recommendations or representations of the Construction Manager in making the Owner's independent determination to use the DocuSign System on the Project, (iii) the Construction Manager and DocuSign are not affiliated with each other and the Construction Manager does not warrant or guarantee My portion of the DocuSign System, (iv) the Construction Manager does not warrant or guarantee that the DocuSign system complies with or satisfies any legal requirements applicable to its use on the Project, and (v) to the fullest extent permitted by law, the Owner waives, and shall hold harmless and indemnify the Construction Manager from and against, all claims, causes of action, costs, expenses and damages (including reasonable attorneyy s fees,) arising out of or resulting from the use of the DocuSign System on the Project. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document C I 32T"4--2019, Standard Form Agreement Between Owner and Construction Manager as Adviser Building 144ma4ion Modeling &�ibit, if :AIA Document E203T"4--2013, Building Information Modelin and nd Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ ] AIA Document E235Tw-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this agreement.) [ ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits identified in Section 4.1.2) Other documents: (List other documents, if any, forming part of the Agreement.) Exhibit A — Tool and Equipment Rental Rates Init. AIA Document C132 — 2019. Copyright @ 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 25 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) This Agreement is entered into as of the day and year first written above. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and all of which counterparts, taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this document by facsimile, pdf or other generally accepted electronic means (e.g., DocuSign) shall be effective as delivery of a manually executed counterpart of this document. City of Stillwater Kraus -Anderson® Construction Company OWNER (Sign,.*,.,,,,1Ted Kozlowski Mayor in -in4e a name and fi lo)geth Wolf City Clerk CONSTRUCTION MANAGER (Signature) (Printed name and title) Init. AIA Document C132 — 2019. Copyright © 1973, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 11:29:43 26 CT on 09/26/2024 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1701333809) 2024 TOOLS/EQUIPMENT RATES 12/21/2023 Most Often Rented Tools KRAUS-ANDERSON Rates are based on VA Construction Company 40 Hr. week Weekly Weekly Tool Description Rate Equipment Description Rate Air Compressor 185 CFM- Diesel $323.33 Air Compressor Twin Tank- Elec $131.32 ATV- Ranger 2- Passenger $251.68 Blanket- Insulated $9.84 Bobcat - Auger Head - Round/Hex Shaft $209.48 Bobcat Attachments- Forks $113.85 Bobcat Attachments- Grappler Bucket $204.92 Bobcat Attachments- Hydro Hammer $463.99 Bobcat Attachments- Sweeper w/Attachments $236.09 Bobcat- Skid Steer Bobcat (track machine) S590 $787.95 Bobcat- Skid Steer Bobcat (tire machine) T590 $543.60 Carpet Tools- Carpet Puller $176.80 Cart -Trash Cart- 1 Yard $45.10 Compactor- Jumping Jack $216.75 Compactor- Plate Tamper $159.86 Containment Unit $53.58 Cut -Out Tool/Roto-Zip $22.10 Drill- SDS Roto Hammer Max $139.71 Drill- Hammer SDS Roto Hammer 3/8" Corded $55.72 Drill- Hammer SDS Roto Hammer 3/8" Cordless $61.04 Drill- 18 Volt $32.63 Drill- Right Angle 3/8" $22.10 Fan - 36" Barrel $41.56 Fan- Pedestal Fan $59.61 Forklift- Rough Terrain 5,000#- $809.44 Forklift- Pneumatic $331.53 Forklift- Rough Terrain 10,000#- $1,252.76 Gang Box- Chest Type $22.85 Generator 3800 Watts $87.44 Generator- Elec Generator 6500 watt $143.90 Glass Cup $16.08 Grinder- 7" $38.90 Grinder- Floor Ginder $163.96 Grinder- 4 1/2" $22.10 Ground Thaw- 6000 sf 1833.33 Jobsite Office Trailer- 8' x 36' $221.57 Jobsite Office Trailer- 10' x 40' $237.14 Jobsite Office Trailer- 12' x 60' $308.00 Ladder- Extension 24' $27.21 Ladder- Extension 32' $39.90 Ladder- Step, 6', Fiberglass $13.70 Laser- Laser Level- Rotating $55.72 Lift- Scissor Lift 19' Reach $283.25 Cement Mixer-5 cubic ft.-Wheel Barrow Type $48.44 Nailer- Air/Pneumatic- Framing $54.13 Nailer- Coil Roofing $56.59 Nailer- Powder Actuated $72.96 Panther- Floor Stripper Model 7700 $1,783.03 Planer- Door $45.98 Pressure Washer - Gas $167.12 Pump Water- 2" Trash $101.80 Router $27.86 Sander - Belt, 3" x 21" $40.59 Saw- Circular 7-1/4" $27.86 Saw- Compound Miter Sliding 12" $79.59 Saw- Partner- Electric $114.76 Saw- Partner- Gas $114.76 Saw- Port -a -Band $69.86 Saw- Sawzall Cut Saw $38.90 Saw- Table- 10" $148.56 Saw- Walk Behind Concrete Saw $172.13 Survey- Eye Level $100.19 Sweeper- Walk Behind- Battery Powered $271.41 Wheelbarrow $15.48 Hammer- Jack Hammer- Electric 60# $72.51 HEPA price does not include filters HEPA-Air Scrubber-500CFM-Blue-16 x 16 $151.66 HEPA Aire Scrubber- 2000CFM $154.83 water. THE BIRTHPLACE OF MINNESOTA DATE: September 27, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointment to Parks & Recreation Commission The Parks & Recreation Commission has two openings due to the Joseph Yetman moving out of the City and Glenn Hansen joining the Energy Action Commission. The Joint Cable Commission has one opening due to Gardner's resignation. Staff published for the openings and received applications. Interviews were conducted, and the interview panel recommends appointing Mark Maniaci and Jessica Wright to the Parks & Recreation Commission and Julia Lund to the Joint Cable Commission with the following term dates. Parks & Recreation Commission Member Ward Term Term Ending Mark Maniaci 3 Partial May 1, 2025 Jessica Wright 3 Partial May 1, 2026 Joint Cable Commission Member Ward Term Term Endin Julia Lund 1 1 St full May 1, 2027 ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Mark Maniaci and Jessica Wright to the Parks & Recreation Commission with a partial terms ending May 1, 2025 and 2026 respectively and appointment of Julia Lunch to the Joint Cable Commission with term ending May 1, 2027. S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Agreement for Professional Services for the Shoddy Mill and Bergstein Warehouse Rehabilitation Project Project 2024-11 DISCUSSION Included in the projects for the Grant Funding from the Department of Employment and Economic Development (DEED) was the rehabilitation project of the Shoddy Mill and Bergstein Warehouse Buildings. Staff received a quote from HCM Architects for the design of this project in the amount of $51,875.00. HCM provided concept drawings for the project and is currently working on the Aiple House rehabilitation Project. RECOMMENDATION Staff recommends entering into an agreement with HCM Architects for Professional Services for Professional Services for the Shoddy Mill and Bergstein Warehouse Rehabilitation Project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING HCM ARCHITECTS FOR PROFESSIONAL SERVICES FOR THE SHODDY MILL AND BERGSTEIN WAREHOUSE REHABILIATION PROJECT. ��Illwater The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 1st day of October, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Hagen, Christensen & Mcll-wain Architects, 4201 Cedar Avenue S., Minneapolis, MN 55407("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: Bergstein Shoddy Renovation Design Study (2024-11) 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 9/20/24, 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 10/1/2025. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Shawn Sanders, 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 Matthew Lysne, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Shawn Sanders Or e-mailed: ssanders@stillwatermn.gov If to Consultant: Hagen, Christensen & MclLwain Architects 4201 Cedar Avenue S. Minneapolis, MN 55407 Attention: Matthew Lysne Or e-mailed:Lvsne@hcmarchitects.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M 0 Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: .19 HAGEN, CHRISTENSEN & MCILWAIN ARCHITECTS 3-1 Its: Date: Project Description: Bergstein Shoddy Renovation Design Study (2024-11) IN HAGEN , CHRISTENSEN & M C I L W A I N ARCHITECTS September 20, 2024 Mr. Shawn Sanders, Director of Public Works City of Stillwater, MN 216 4th St N. Stillwater, MN 55082 Re: Bergstein Warehouse and Shoddy Mill Renovation Design and HPC Coordination Consulting Services Fee Proposal Dear Shawn: Thank you for asking us to support the City on an effort to program, design and coordinate project approvals related to SHPO and the City of Stillwater HPC. We are teamed with New History on the effort and look forward to working with you on this project. This proposal is intended to provide services through Schematic Design and the Historic Preservation coordination and submissions phases. If the project is approved by SHPO and the City to move forward we will provide a separate design proposal with full services and consultant team to take the project through Construction Documents, Bidding and Construction Administration based on that final approved scope. Quite simply, we would love to work with you on this Project. Sincerely, Matthew Lysne, AIA, NCARB HAGEN , CHRISTENSEN & MCI LWAIN ARCHITECTS 4201 Cedar Avenue S. I Minneapolis, MN 55407 1 612.904.1332 1 HCMarchitects.com A. Project Understanding: 1. The HCM Team would push the proposed design from our earlier work into a more detailed phase to confirm programmatic use and begin a Schematic Design effort that supports applications to SHPO 2. Attached is a proposal from New History to lead and manage the Section 138 Review with SHPO, Assess Averse Effects and work through City HPC approvals. 3. HCM's final deliverable on this proposal would be a full Schematic Design package that can be utilized in budget development. 4. Overall our team will support you and the City through the presentations, applications, negotiations, etc. to gain project approval with a goal of moving forward with an exciting new multi -use building that engages the river environment, supports trail users and provides a great way side area for residents and visitors to appreciate the historic structures and everything Stillwater has to offer. B. Scope of Services: We propose that our professional services for the Project be broken into the Tasks as follows: Task 1— Pro_pram Development and Plan Updates: This Task will include the following work scopes: • Building Code review and assessment for reuse. • Development of Facility Space Ideas for the proposed spaces. • Work with the City Team to finalize use, arrangement and function of spaces. • Update Concept Plans and 3D models based on above work. • Work with New History to develop Section 138 applications. • Initiate SHPO engagement. Task 2 — Schematic Design Historic Preservation Applications / Review & Cost Estimating: This Task will include the following work scopes for the schematic development of the selected conceptual building program and design: • Update floor plan based on Program Development / function. • Further develop the exterior building design (elevations & 3-D model). • Develop a Building narrative that defines key building systems, structure, and finishes. • New History will move through the tasks outlined on their attached proposal (SHPO and City HPC approvals). • Work with the City and Construction Manager to develop a Schematic Cost Estimate for the demolition work and construction of the Project. • Meetings to include: - (3) meetings to review the Schematic Design and (1) cost estimating review meeting. Page 2 of 4 C) Proposed Professional Services Fees: Our proposed design services fees are broken down per the Tasks listed above and are as follows. Our Team includes New History, Calyx Design (Landscape Architecture) and MBJ (Structural Engineering) and AKF (MEP Engineering) Fee Design Phase (hourly rate blended on tasks) Task 1—Program Development and Plan Updates $9,500.00 - HCM Architects ($6,500) - New History ($3,000) Task 3 — Schematic Design, Historic Preservation Review & Cost $ 41,900.00 Estimating - HCM Architects ($14,250) - Structural Engineer ($950) - Landscape Architect ($1,200) - MEP Engineering ($1,500) - New History ($24,000) Subtotal Design Fees $51,400.00 Reimbursables (printing, mileage) $475.00 Total Fees and Reimbursable $51,875.00 The total number of meetings are included in the respective sections above. Additional meetings beyond what are listed will be considered additional services and fees. Billable Rates Architecture $140 - $195 / hour Structural Engineering $105 - $230 / hour Landscape Architecture $130 - $200 / hour MEP Engineering $ $105 - $250 / hour Historic Preservation Consultant $160 - $285 / hour Reimbursable expenses such as required mileage, prints, and any required delivery services, etc. are billed at 1.0 times costs. Design Services Not Included in this Proposal: The following will be considered additional services to this Proposal. Environmental Analysis or Assessments: Work to evaluate for hazardous materials within the house has not been included. Again, we truly thank you for this opportunity and look forward to working with you! Page 3 of 4 Acceptance If this proposal meets with your approval, please indicate your authorization to proceed by signing the ACCEPTED BY and returning a copy to us. Should this proposal not be accepted within 60 days from the date of proposal or should the scope of the project or services vary from the stated assumptions, Hagen, Christensen & MclLwain Architects reserves the right to review and update this proposal as necessary. ACCEPTED BY: DATE: Page 4 of 4 NEW HISTORY April 9, 2024 Revised September 18, 2024 HCM Architects 4201 Cedar Avenue South Minneapolis, MN 55407 Delivered To: Matt Lysne, Lysne@hcmarchitects.com Project: Agreement Letter for Historic Preservation Consulting Services for the Bergstein Warehouse & Shoddy Mill [Historic Bergstein, Moritz, Shoddy Mill and Warehouse] Stillwater, MN Dear Matt: Thank you for contacting us about the Bergstein Warehouse & Shoddy Mill renovation project in Stillwater, MN. We are very excited to work on another project with HCM Architects and support your work with the City of Stillwater. The purposes of this letter are to confirm our Scope of Services and propose our consulting fees for the project. Our scope and understanding of the project are based on our recent conversations, your preliminary architectural drawings that we received on April 2, 2024, and our meeting with you and the City on July 25, 2024. Our contract, upon your acceptance, consists of this letter and the incorporated attachments: New History "Hourly Billing Rates" and "General Terms and Conditions." We look forward to working with you on this project. Project Understanding We understand that the City of Stillwater received State funding for various riverfront improvement projects. The City plans to renovate the Bergstein Warehouse & Shoddy Mill to provide amenity spaces for the adjacent St. Croix River Crossing Loop Trail. Located south of the downtown commercial district on the banks of the St. Croix River, the project would create gathering, shelter, storage, and patio spaces along with restrooms. A walkway may be created to connect the site to the adjacent trail and/or river; no excavation work is anticipated. The Bergstein Warehouse is a two-story wood -framed building with stone foundation, wood siding, and a gable roof. The Shoddy Mill is a one-story rubble stone building with a shed roof. The two buildings were jointly listed in the National Register of Historic Places (NRHP) in 2008 and moved to their current location in 2012 in keeping with a Section 106 mitigation agreement completed as part of the construction of the new St. Croix River bridge. The site is currently located in the NRHP-listed Stillwater Cultural Landscape District. 5759T"STREETSE,SUITE 215 1 MINNEAPOLIS, MN 55414 1 612.843.4140 We understand that the project is subject to the Minnesota Historic Sites Act, also known as a "Section 138 Review." Section 138 Review requires cities to consider the impacts of their projects on sites that are listed in the NRHP through a review process with the State Historic Preservation Office (SHPO). Also, because the property is located within the Downtown Design Review Overlay District (DDRD), all site and exterior work is subject to review and approval by the City of Stillwater Heritage Preservation Commission (HPC) before a building permit can be issued. To plan for efficient preservation review processes, it will be essential to integrate these preservation approvals into the project timeline. Scope of Services The purpose of our Scope of Services is to navigate the required Section 138 and HPC Review processes. We are typically preparing communication for submittal to SHPO. We can either lead the communication, or prepare materials for your and/or the City to submit. We anticipate that our consulting services would start around mid -October 2024. Our Scope of Services will include: 1. Section 138 Review Consultation. The purpose of the Section 138 Review is to avoid adverse effects of the project on the NRHP-listed site. The first three steps are required (A-C), and the last step (D) is only needed if there are adverse effects. Our services will generally follow the four steps below, but will be confirmed with SHPO at the start of the project: A. Initiate the Process. In the first step, we define the project (also known as an "undertaking") and conduct a desktop literature review to identify an Area of Potential Effect (APE), or a geographic area that will be impacted by the project. We can also perform one site visit, if needed. B. Identify Historic Properties. In this step, we identify any NRHP-listed properties located within the APE that maybe impacted by the project. C. Assess Adverse Effects. In this step, we analyze whether the project has the potential to negatively impact the National Register eligibility of any of the NRHP-listed properties. As part of this step, SHPO might request design changes to minimize or avoid adverse effects. We will also advise on designs to meet preservation standards. Based on our understanding of the project, we anticipate that design changes will be requested by SHPO. Our Scope includes up to three (3) submissions to SHPO for Steps A — C. Additional submissions (if requested) can be provided as an additional service. If the SHPO agrees that the project will have no adverse (negative) effect on historic properties, the Section 138 process is finished after this step. D. Resolve Adverse Effects. If SHPO determines that the final design of the project will adversely affect historic properties, then the City and SHPO must agree to appropriate mitigation measures, which could include the development of interpretive materials or similar measures. We can assist you and the City with this negotiation. Ultimately, a Suitable Course of Action that defines required mitigation is agreed upon by the City and SHPO and the Section 138 process is finished. 2. City of Stillwater Heritage Preservation Commission Approval. All work at the site and the exterior will be reviewed and approved by City preservation staff, and most likely the Heritage Preservation Commission (HPC). Our typical Scope of Services includes: • Facilitate communication with City preservation staff • Provide design guidance to meet Stillwater Design Guidelines Manual • Lead a pre -application meeting with City staff, if needed • Compile and submit one (1) preservation application, which is called a "Design Permit" • Represent the project in a public hearing with the HPC, if needed We can in no way predict or guarantee the timing, content of responses, or project approvals from local, state, or federal review agencies. Consulting Fees Our work will be provided on an hourly basis, as estimated in the table below. Invoices will be sent monthly, unless requested otherwise. Please see the attached Hourly Rates for additional information. Scope Item 1. Section 138 Review Consultation (up to three submissions) Estimated Effort and Fees A. Initiate the Process $2,000 - $3,000 B. Identify Historic Properties $2,000 - $3,000 C. Assess Adverse Effects $13,000 - $16,000 2. Heritage Preservation Commission Approval (one submission) $4,000 - $5,000 Total for Scope Items LA-C and 2 Additional 1.D. (If needed) Resolve Adverse Effects $21,000 - $27,000 $1,500 - 2,500 (Optional) Additional Section 138 and/or HPC submissions Hourly as needed Our Scope of Services does not include: • Archeological services. If, in the course of research, it becomes apparent that archeological investigation is required, we will notify you and then recommend a qualified archaeologist. • Execution of any mitigation measures that are required as a result of the Section 138 process • Federal Section 106 Review (Common triggers for a Section 106 review include federal permitting or funding sources.) • Environmental Assessment Worksheet • Consultation with federal/state authorities having jurisdiction over the Saint Croix National Scenic Riverway • State Section 138 Review for other riverfront projects As with any project of this nature, our scope, and your requirements, can change quickly and substantially as new information becomes available and the project evolves. We will provide regular progress reports so that we can adjust, augment, or curtail our scope of services to be compatible with your process. If our Scope of Services must be adjusted, we will work with you to revise our Agreement. We look forward to working with you, your team, and the City of Stillwater. If you find this proposal acceptable, please sign and return a copy of the next page as our authorization to proceed. I may be reached at the contact information below for any comments or questions. Sincerely, NEW HISTORY �o Kirk Davis, Managing Partner (612) 843-4142 davis@newhistory.com Quentin Collette, Managing Director (612) 843-4270 collette@newhistory.com APPROVAL AND ACCEPTANCE OF AGREEMENT Our contract consists of this Agreement Letter and the incorporated attachments: • New History Hourly Billing Rates • General Terms and Conditions of New History for Consulting Services. Please sign and return a copy of this page. PROJECT: Agreement Letter for Historic Preservation Consulting Services for the Bergstein Warehouse & Shoddy Mill [Historic Bergstein, Moritz, Shoddy Mill and Warehouse] Stillwater, MN THE UNDERSIGNED, HAVING THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ENTITY NAMED BELOW, HEREBY ACKNOWLEDGES AND AGREES TO THIS LETTER AGREEMENT, AND THE INCORPORATED ATTACHMENTS. PRINTED NAME: COMPANY/ENTITY NAME: ADDRESS: TITLE: SIGNATURE: DATE: ACCEPTED BY: Kirk Davis, Managing Partner NEW HISTORY 575 SE 9`h Street, Suite 215 Minneapolis, MN 55414 SIGNATURE: DATE: September 18 2024 © 2024 New History This proposal is intended solely for HCM Architects and is for the exclusive purpose of creating an agreement for the project described herein. It may not be distributed or reproduced without express approval of New History. NEW HISTORY HOURLY BILLING RATES Project Billing. Invoices are typically sent monthly, unless stated otherwise. Reimbursable Expenses. We will not charge any of our minor and incidental project -related expenses such as mileage, parking, or photograph printing. Extraordinary expenses are billed at 1.1 times the cost. Extraordinary expenses typically include, but are not limited to: • Mileage, airfare, and/or per diem outside of the seven -county Twin Cities metropolitan area • Large -format printing of drawings for submittal to reviewing agencies • Application fees • Archival fees Billing rates may be increased annually. 5759T"STREETSE,SUITE 215 1 MINNEAPOLIS, MN 55414 1 612.843.4140 GENERAL TERMS AND CONDITIONS OF NEW HISTORY FOR CONSULTING SERVICES THE FOLLOWING TERMS AND CONDITIONS are incorporated into and made a part of the attached Agreement Letter ("Agreement") for Consulting Services between the Client and NEW HISTORY. 1. Scope of Services. The Scope of Services to be provided is described in the Agreement, and can be modified in writing. 2. Consultant Status. NEW HISTORY's Services are advisory in nature. While Services may involve the review of the work product of architectural, engineering, design, construction, legal, accounting, and other professional services providers, NEW HISTORY is not engaged to provide such professional services unless and except as specifically stated in the Scope of Services. Therefore, the Client agrees to indemnify and hold NEW HISTORY harmless against any and all claim, loss, damage, liability, demand, suit and expenses, including reasonable attorney's fees assessed or awarded that may be incurred by NEW HISTORY as a result of third -party claims brought against NEW HISTORY, excluding any claims by Client against NEW HISTORY for breach of any express provision of this Agreement. The standard of care applicable to New History's Services shall be that applicable to other providers of the same Services, and not those applicable to professional services outside of this Agreement. 3. Site Safety and Hazardous Materials. NEW HISTORY shall have neither control of nor responsibility for site safety. NEW HISTORY shall have no responsibility for the identification, abatement or removal of hazardous materials. 4. Proiect Costs. The parties acknowledge that any estimate of construction costs, qualified rehabilitation expenditures (QREs), or tax credits prepared by NEW HISTORY are an estimate only. As such, NEW HISTORY does not warrant that actual amounts will not vary from estimates. NEW HISTORY's estimates are not to be taken as a warranty or guarantee of the eventual cost of the project, QREs, or historic tax credits. S. NEW HISTORY's Documents. Documents prepared by NEW HISTORY are solely for use with respect to the project referenced in the Agreement. All documents furnished by NEW HISTORY pursuant to this Agreement are NEW HISTORY's instruments of service for this project alone, and NEW HISTORY retains all common law, statutory and other reserved rights in such documents, including intellectual property and copyright. Any use of documents prepared by NEW HISTORY except for the specific purpose intended by this Agreement will be at the Client's sole risk without any liability or legal exposure to NEW HISTORY. The Client will defend, indemnify and hold New History harmless from all claims or lawsuits arising from the use these documents on other projects without the consent of New History. 6. Compensation ("Consulting Fees"). Payment is due within thirty (30) days from the date of NEW HISTORY's invoice. If there is a material change in the Scope of Services or project conditions, NEW HISTORY's compensation shall be equitably adjusted. Cumulative annual interest at a rate of six percent (6%) will be paid by client on all past due amounts. NEW HISTORY reserves the right to suspend or terminate services, at its sole discretion, upon three days written notice in the event NEW HISTORY fails to receive timely payment of any invoice. 7. Records and Data. The Client agrees to provide to NEW HISTORY any and all data, plans, specifications, surveys, and other documents reasonably requested by NEW HISTORY to allow NEW HISTORY to complete the services to be provided by NEW HISTORY. NEW HISTORY shall be entitled to rely upon the accuracy and timeliness of the information provided by the Client. NEW HISTORY is not responsible for the inaccuracy or insufficiency of such Client -supplied information. NEW HISTORY does not assume responsibility beyond its own scope of services for disclosing or accounting for that information, for the condition of the property described therein, or for latent or concealed conditions or defects in the property. 8. Dispute Resolution. In the event of any dispute, controversy or claim arising out of or in connection with this Agreement, including any questions regarding its existence, enforceability, interpretation or validity, the parties shall meet and confer in good faith to attempt to resolve such dispute, controversy or claim without initiating an adversarial proceeding. Should such attempts at resolution prove unsuccessful within a reasonable period after the meeting of the parties, any dispute, controversy, or claim arising under this Agreement shall be: (1) first, submitted to mandatory formal mediation in Minneapolis, Minnesota. The Parties will agree upon a mediator and share equally in the mediator's cost. (2) If mediation fails to resolve the matter, and if the claimed injury or damage arising from the matter in dispute is $25,000.00 or less, the dispute shall be submitted to arbitration conducted in Minneapolis, Minnesota, by a single arbitrator selected by the parties in accordance with the then effective arbitration rules of the American Arbitration Association for fast -track arbitration. Judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The fees and expenses of the arbitration shall be borne equally by the parties. The decision of the arbitrator shall be binding and may be confirmed and enforced in any court having proper jurisdiction. All facts and other information relating to any arbitration arising under this Agreement shall be kept confidential to the fullest extent permitted by law. (3) If the claimed injury or damage arising from the matter exceeds $25,000.00, and discussions and formal mediation have failed to resolve the dispute, it shall be adjudicated in any Minnesota State court of competent jurisdiction. The provisions of this Section shall survive the termination of this Agreement. 9. Retainer. A retainer deposit may be required prior to commencement of services by NEW HISTORY. The retainer will be deposited in NEW HISTORY's general bank account, and any retainer funds may be commingled with NEW HISTORY's general funds. The retainer will be held until the end of Services when it will be applied to final Consulting Fees and any reimbursable expenses. Any unapplied retainer funds will be refunded to the Client. 10. Termination. In the event of material default in the terms of this Agreement by the Client, this Agreement and the obligation to provide further services under this Agreement may be terminated by written notice from NEW HISTORY to the Client. Upon termination, NEW HISTORY shall be entitled to compensation for all services rendered prior to the date of termination, together with reasonable expenses incurred to the date of termination. Failure to make timely payment of any invoice shall be a material default of this Agreement. 11. Limitation of Liability. The parties acknowledge and agree that they will not hold the other liable or assert claims for lost profits or consequential damages arising from or relating to breach of this Agreement, even if a party was advised of the possibility of such damages. The parties agree that NEW HISTORY's liability and the Client's remedy under this Agreement shall be limited to claims for monetary damages, and that any liability arising out of or relating to this Agreement shall not exceed the total amount actually paid to NEW HISTORY for services provided by NEW HISTORY under this Agreement. 12. Waiver. Client waives any and all rights against NEW HISTORY for damages covered by any property insurance or other insurance during and after completion of the Scope of Services. 13. Indemnity. The Client shall indemnify, defend and hold harmless New History, its officers and employees from and against claims, lawsuits, damages, losses, costs, including reasonable attorneys' fees, and judgments resulting from claims by third parties, to the extent such claims or lawsuits arise out of or from the negligent acts or omissions of the Owner, its employees, contractors or consultants or the employees, agents or subcontractors of any of them. 14. Entire Agreement. This Agreement, which includes any incorporated attachments and these General Terms and Conditions, constitutes the entire agreement between the parties and supersedes all prior agreements or oral understandings. No modification or waiver of this Agreement or its terms shall be binding unless in writing and executed by both parties. 15. Assignment. Neither party may assign their rights under this Agreement without the written consent of the other party. This Agreement shall be binding upon the parties and their permitted successors and assigns. 16. Governing Law. This Agreement shall be governed by and interpreted pursuant to the laws of the State of Minnesota, with any dispute or claim relating to this Agreement venued or heard in the State of Minnesota, Hennepin County. 17. Acknowledgment. The parties acknowledge that these terms and conditions are incorporated by reference into the Agreement Letter for Planning Services, that the parties have had an opportunity to read and understand these terms and conditions, discuss such terms and conditions with legal counsel, and understand the significance of this Agreement. 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed shall be deemed an original with all such counterparts taken together shall constitute one and the same instrument. Facsimile or email (PDF format) signatures shall be deemed and treated as originals. water. THE BIRTHPLACE OF MINNESOTA DATE: October 1st, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Social Media Contract Discussion The city has been utilizing Peachiie for social media services over the past year or so. It was time to update the agreement with Peachiie. The major change is a slight increase in price from $1,200 to $1,500 per month. Peachiie has been effective at getting public communications out and has improved the city's presence on social media over the last year. Recommended Action Motion to approve the updated agreement for social media services with Peachiie. 64i wa ter The Birthplace of Minnesota AGREEMENT FOR SERVICES FOR SOCIAL MEDIA MANAGEMENT THIS AGREEMENT ("Agreement") is made and executed this Pt day of October, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Peachiie Marketing LLC, 1021 6th Street South, Stillwater, MN 55082 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as Facebook Social Media Management. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated October 1, 2024, 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 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement 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. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either parry upon 60 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other parry 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 parry. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming parry. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued 2 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. 8. CITY'S REPRESENTATIVE. The City has designated Beth Wolf 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 Contractor has designated Christina Underkoffler to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Peachiie Marketing LLC 216 0' Street North 1021 6a' Street South Stillwater, MN 55082 Stillwater, MN 55082 Attention: Beth Wolf Attention: Or e-mail bwolf@ci.stillwater.mn.us Or email Christina@Peachiie.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk S Project Description: City of Stillwater Social Media Management CONTRACTOR PEACHIIE MARKETING, LLC By: By (Please Print): Title (Please Print): peachile PEACHIIE MARKETING LLC SCOPE OF WORK For Marketing Services THIS DOCUMENT IS A SCOPE OF WORK ("SOW"), dated as of 10/1/2024 ("Effective Date") between Peachiie Marketing LLC ("Consultant"), and The City of Stillwater, Minnesota ("Client") and is subject to the terms of the Engagement Agreement ("Engagement"). This SOW may be executed in two or more counterparts, all of which shall be considered one and the same SOW and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Project Description/Scope of Work: Subject to the terms of the Engagement, Consultant will produce the organic social media deliverables at a flat rate of $1.500/month ($USD/month) as follows: Content planning, creation and scheduling, • Plan, curate and deploy posts for the City of Stillwater Facebook page. This includes: 0 A mixture of graphics, photos, videos and copy 0 22-30 total posts per month • Build KPIs/goals and strategy for social media presence • Use advanced planning platform for easy review and approval of upcoming month's content • Partner with key internal stakeholders to determine communication pillars (themes) to manage posting mix and post volume • Create assets/visuals in-house where light graphic design work is needed in relation to social media • Partner and coordinate with additional copywriters, videographers and/or photographers as needed to support promotion/communication strategy • Manage audience -generated and/or influencer content use and distribution as well as share curated content from visitors, partnerships with other local businesses, etc. as appropriate • Manage timely responses to posts, comments, direct messages, story replies, shared/tagged content, hash tagged content, reviews, etc. • Continue to build follower/engager base and manage social relationships • Partner with key internal stakeholders to build boilerplate messaging & a 'communications log' for turnkey responses as needed Brand Management: Ensure brand guidelines/standards are consistently followed on all social media channels in regards to color palette, tone, voice and visual best practices Analytics & Reporting: 0 Monthly report on social media performance and insights Meetings: • Meet with Client up to 1 hour per month to discuss upcoming content, promotions, materials needed, etc. A La Carte/Additional Services Opportunities: Below outlines additional services Consultant can provide as agreed upon by Client on an as needed basis. Any A La Carte services requested by Client that fall outside of the above Project Description/Scope of Work at a flat rate of $1,500/month ($USD/month) of this Engagement will be agreed upon by Client and Consultant, memorialized in writing (email sign -off is sufficient), and billed at Consultant's normal rate of $100.00/hour ($USD/hour) unless other payment options are otherwise agreed upon. • Graphic Design (outside of social media) • Public Relations (outside of social media) • Email Marketing • Strategy Sessions • Web Support • Event Planning Support • PhotographyNideography Coordination Any other agreed upon work outside of the Project Description/Scope of Work and/or services considered A La Carte/Additional Services Opportunities within this Engagement will be scoped separately. Terms of Engagement: Upon Effective Date, the Engagement will continue on a Month -to -Month basis, ending upon notice of sixty (60) days from either Party to the other Party. Upon the expiration of the Term, this Engagement will be deemed as a successfully completed SOW. Invoices will be billed on the 1 st calendar day of each month, due on the 15th calendar day of each month, with Net-15 terms. If the Engagement Date does not begin on the 1 st calendar day of the month, the Client will be billed from the Engagement Date through the end of the month. All subsequent bills will be charged according to the monthly cadence. All reasonable expenses incurred by Consultant on behalf of Client are reimbursable expenses. Expenses larger than $0.00 ($USD/month) require prior written approval (email and/or text message sufficient) of Client. This will sometimes require an upfront payment of larger expenses (i.e. — media buy for ads, mailings, etc.) by Client, either to the provider of services directly or to Consultant in order to cover the costs, prior to Consultant being able to sufficiently perform the tasks required. Delays in expense payments by Client may impact deliverable dates by Consultant and any delays as a result shall not be the responsibility of the Consultant. Any A La Carte services requested by Client that fall outside of the Scope of this agreement will be agreed upon by Client and Consultant, memorialized in writing (email sign -off is sufficient), and billed at Consultant's normal rate of $100.00 per hour ($USD/Hour) unless other payment options are otherwise agreed upon. Additional work outside of the Scope of this agreement and services considered A La Carte will be scoped separately. Both parties agree that the Engagement may be revisited and reviewed at any time, with a notice period of sixty (60) days for any proposed amendments or changes. This process ensures that the terms and conditions of the Engagement remain relevant and effective. Legal Terms and Conditions: 1.PERFORMANCE Consultant agrees to perform those services as described in the Scope of Work as outlined above. 2.PAYMENT Client agrees to pay Consultant as stated in the Scope of Work above. Client will reimburse Consultant for all travel costs and expenses incurred by Consultant on Client's behalf. Unless otherwise agreed, invoices are due and payable within fifteen (15) days of the date of the invoice. If any amount due hereunder is not paid when due, the Consultant shall have the right to charge interest at the rate of the lesser of eight percent (8%) per annum or the highest rate allowed by law on the unpaid amount. 3.INTELLECTUAL PROPERTY Upon payment in full for services, Consultant hereby assigns to Client all right, title and interest that Consultant has in all documents created for Client under the Scope of Work, including but not limited to any copyright in said documents. Upon request, Consultant will, at Client's expense, execute any additional documentation requested by Client to formalize or document the transfer of rights to Client. Client understands and agrees that Client is solely responsible for assessing and securing any intellectual property rights as they arise when working with Consultant. Consultant may use examples of the work for Client for such things as client acquisition(s) and brand building purposes. In the event Consultant acquires third party rights for use in any Client materials (i.e. — photographs, etc.), Client agrees to use the third -party materials within the scope of the license acquired and for no other purpose. Client agrees to indemnify and hold Consultant harmless from and against any claims made by a third party arising from Client's use of the materials outside of the scope of the license or through any negligent act or omission by Client. for This section will survive the termination of this Engagement in perpetuity. 41IMITATIONS ON LIABILITY Consultant, its data licensors and its third parties are not and shall not be liable for any claim, injury or damage(s) arising from the Client's use of or the inability to use Consultant's services or licenses, including, without limitation, any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering information. This section will survive the termination of this Engagement in perpetuity. 5. TERMINATION This Engagement shall commence on the date set forth above and shall remain in effect until the work described in the Scope of Work is completed, or until terminated by either party. Unless otherwise agreed, either party may terminate this Engagement at any time upon sixty(60) days written notice to the other party of their desire to terminate this Engagement. In addition, Consultant may cease work immediately upon notice to Client if amounts due hereunder are not paid as agreed. Termination shall not relieve either Party of any obligations incurred prior to the termination or contained within this Engagement (or the Terms & Conditions). Upon termination, Consultant agrees to cease all promotions of Clients' services/products, as well as cease all use of Client's technology and Marks. Upon request, Consultant is to promptly destroy or return all copies (electronic or written) of content, technology, and any other confidential or proprietary information in Consultant's possession or control. 6. CONFIDENTIALITY "Confidential Information" means all non-public information delivered by one party to the other, which information is marked as "confidential", "proprietary" or with other words of similar import. Neither party may use, disclose, sell, license, publish, reproduce, or otherwise make available the Confidential Information of the other party to any unauthorized third party. Each party will secure and protect the disclosing party's Confidential Information in a manner consistent with the manner in which the receiving party secures and protects their own Confidential Information. This Section shall survive termination of this Engagement in perpetuity. 7.INDEPENDENT CONTRACTOR Consultant and Client are independent contractors of one another and neither party's employees will be considered employees of the other party for any purpose. This Engagement does not create a joint venture or partnership, and neither party has the authority to bind the other to any third party. Consultant is solely responsible for all taxes arising from or due in connection with Consultant's services under this Engagement. &GOVERNING LAW AND JURISDICTION This Engagement shall be governed and construed in accordance with the laws of the State of Minnesota without regard to the conflicts of laws or principles thereof. Any dispute, action, or suit related to this Engagement shall be brought in the state or federal courts sitting in Ramsey County, Minnesota. 9. NOTICES Any notice or other communication required or permitted under this Engagement shall be given in writing, including, but not limited to email communications. 10. WAIVER No waiver by either party of any breach of this Engagement shall be deemed a waiver of any preceding or succeeding breach of the same or any other provisions herein. No such waiver shall be effective unless in writing and then only to the extent expressly set forth in writing. 11. MODIFICATIONS This Engagement contains the complete agreement of the parties on the topics contained herein. No modification(s) of this Engagement shall be effective unless in writing and signed by both parties. 12. SEVERABILITY If any provision of this Engagement is invalid or unenforceable under any statute or rule of law, the provision is to that extent to be deemed omitted, and the remaining provisions shall not be affected in any way. 13. CLIENT RESPONSIBILITIES It is the client's responsibility to provide all necessary materials and any necessary content, in the formats required, for the Consultant to perform work as specified in the Scope of Work. The signatures below indicate a legally binding Engagement and acceptance of this SOW by the parties. Peachiie Marketing LLC (Consultant) (Client) By: _ Name: By: _ Name: Title: Title: S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Assessment Hearing and Adoption of Assessment Roll for 2024 Sidewalk Rehabilitation Project (Project 2024-03) BACKGROUND The 2024 Sidewalk Rehabilitation Project (2024-03) was awarded on May 7, 2024 to Q3 Contracting, Inc. The contractor has completed the work. The last step in the City's improvement process is to adopt the assessments for the project. The feasibility estimate for the project was $182,016 and the final project cost is $123,676.26, The final assessment cost per Sq. ft. is $8.65. Funding for the Project is split as follows: Assessments = $22,586.19 City Funds = $101,090.07 To date, there have been one objection submitted to the City. The assessment period would be 5 years for assessments less than $3,000, and 10 years for assessments between $3,001 and $10,000, or fifteen (15) years if the assessment amount is over $10,000 with interest added at 5.07% per year on the unpaid balance. RECOMMENDATION Staff recommends that Council hold the assessment hearing, and adopt the attached assessment roll for the 2024 Sidewalk rehabilitation Project. ACTION REQUIRED If Council concurs with the staff recommendation, they should conduct the public hearing and pass a motion approving RESOLUTION ADOPTING ASSESSMENT FOR 2024 SIDEWALK REHABILITATION PROJECT (PROJECT 2024-03). City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION ADOPTING ASSESSMENT FOR 2024 SIDEWALK IMPROVEMENT PROJECT PROJECT 2024-03 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard all objections to the proposed assessment for the 2024 Sidewalk Improvement Project for the following area: The Lodges of Settlers Glen HOA, 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal installments over a period of five (5) years for assessments less than $3,000 or (10) years for assessments between $3,001 and $10,000 or fifteen (15) if the assessment is over $10,000 and shall bear interest at the rate of 5.07% per annum from the date of the adoption of this assessment resolution. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The yearly installments will be collected with the property taxes that are paid to Washington County. Property owners may at any time prior to certification of the assessment to the county auditor, make a whole or partial payment of the assessment balance without any additional interest to the City of Stillwater. No interest will be charged if the entire assessment is paid by November 15, 2024. If the assessment is not paid by November 15, 2024, accrued interest from the date of the adoption of the assessment roll through December 31, 2025 will be added with the first installment due in 2025. Adopted by the council this 1st day of October 2024. IN 11 WKS];&3I "MTiTI-11% 94:7 Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Rate: LF = $8.65 Final Assessment Roll Term: 5 yrs less than $3,000 2024 Sidewalk Rehabilitation Project 10 yrs $3,001 - $10,000 Project 2024-03, LI#442 15 yrs if over $10,000 Interest Rate: 5.07% RECONSTRUCTION GEO STREET CITY Sidewalk Area (SF) Verified Sidewalk Area (SF) Estimated Assessment Final Assessment Property Address 19.030.20.33.0210 10340 VIKING DRIVE #105 EDEN PRAIRIE MN 55344 700 748 $ 9,345.00 $ 6,472.08 19.030.20.12.0038 3093 LOWELL COURT STILLWATER MN 55082 25 30.6 $ 333.75 $ 264.77 3093 LOWELL COURT 19.030.20.21.0019 3348 MILLBROOK CIR. STILLWATER MN 55082 50 50 $ 667.50 $ 432.63 3348 MILLBROOK CIR. 19.030.20.13.0028 3085 WHITE PINE WAY STILLWATER MN 55082 30 53.5 $ 400.50 $ 462.91 3085 WHITE PINE WAY 32.030.20.21.0044 2380 CROIXWOOD BLVD STILLWATER MN 55082 25 35.6 $ 333.75 $ 308.03 2380 CROIXWOOD BLVD 32.030.20.33.0017 11840 VALLEY VIEW RD EDEN PRAIRIE MN 55344 212 152.5 $ 2,830.20 $ 1,319.51 1801 MARKET DR. 32.030.20.32.0036 1725 MARKET DRIVE STILLWATER MN 55082 60 39.3 $ 801.00 $ 340.04 1725 MARKET DRIVE 32.030.20.23.0001 2500 ORLEANS STREET WEST STILLWATER MN 55082 72 72 $ 961.20 $ 622.98 2500 ORLEANS STREET WEST 32.030.20.24.0017 2300 ORLEANS STREET WEST STILLWATER MN 55082 25 29.1 $ 333.75 $ 251.79 2300 ORLEANS STREET WEST 32.030.20.24.0060 1502 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1502 COTTAGE DR. 32.030.20.24.0061 1506 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1506 COTTAGE DR. 32.030.20.24.0062 1510 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1510 COTTAGE DR. 32.030.20.24.0063 1514 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1514 COTTAGE DR. 32.030.20.24.0064 1518 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1518 COTTAGE DR. 32.030.20.24.0065 1522 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1522 COTTAGE DR. 32.030.20.24.0059 1526 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1526 COTTAGE DR. 32.030.20.24.0058 1530 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1530 COTTAGE DR. 32.030.20.24.0057 1534 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1534 COTTAGE DR. 32.030.20.24.0056 1538 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1538 COTTAGE DR. 32.030.20.24.0055 1542 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1542 COTTAGE DR. 32.030.20.24.0054 1546 COTTAGE DR. STILLWATER MN 55082 5 4.21 $ 66.75 $ 36.43 1546 COTTAGE DR. 32.030.20.24.0002 4725 EXCELSIOR BLVD # 500 MINNEAPOLIS MN 55416 50 99.54 $ 667.50 $ 861.27 1401 COTTAGE DR. 32.030.20.31.0008 230 OHIO ST # 200 OSHKOSH WI 54902 100 70 $ 1,335.00 $ 605.68 2225 ORLEANS ST. W 28.030.20.13.0152 224 4TH STREET N STILLWATER MN 55082 64 42.9 $ 854.40 $ 371.19 224 4TH STREET N 28.030.20.42.0073 PO BOX 339 STILLWATER MN 55082 332 293.1 $ 4,432.20 $ 2,536.05 115 3RD ST. S 28.030.20.13.0124 304 3RD STREET N STILLWATER MN 55082 75 346.6 $ 1,001.25 $ 2,998.96 304 3RD STREET N 28.030.20.13.0123 308 3RD STREET N STILLWATER MN 55082 150 144 $ 2,002.50 $ 1,245.96 308 3RD STREET N 28.030.20.13.0122 105 LINDEN STREET E STILLWATER MN 55082 25 114.6 $ 333.75 $ 991.58 105 LINDEN STREET E 28.030.20.13.0140 319 3RD STREET N STILLWATER MN 55082 25 35.3 $ 333.75 $ 305.43 319 3RD STREET N 28.030.20.13.0001 14949 62ND ST N STILLWATER MN 55082 50 51.9 $ 667.50 $ 449.07 408 3 RD STREET N 28.030.20.13.0133 304 2ND STREET N STILLWATER MN 55082 60 60 $ 801.00 $ 519.15 304 2ND STREET N 28.030.20.13.0129 115 LINDEN STREET E STILLWATER MN 55082 25 20 $ 333.75 $ 173.05 115 LINDEN STREET E 28.030.20.13.0188 14949 62ND ST N STILLWATER MN 55082 25 20.5 $ 333.75 $ 177.38 350 MAIN STREET N 21.030.20.43.0020 11101 2ND STREET NORTH ISTILLWATER MN 55082 1 60 1 50.8 1 $ 801.00 1 $ 439.55 11101 2ND STREET NORTH 9/26/2024 Beth Wolf From: City of Stillwater <ci.stillwater.mn.us@enotify.visioninternet.com> Sent: Sunday, September 15, 2024 9:34 AM To: Beth Wolf Subject: Proposed Assessment for Sidewalk Rehab Email contact from Stillwater, MN [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. Message submitted from the <Stillwater, MN> website. Site Visitor Name: Nancy Zimmerman Site Visitor Email: Hi Beth, We received a notice regarding the sidewalk repair in front of our property, 2380 Croixwood Blvd. Two slabs were replaced. We had some work done a few years ago when city engineers had damaged sidewalks in the area repaired . We have two maple trees on our boulevard that some roots caused slabs to move. The repairs done this time were the result of the roots from the tree not being completely removed. When I questioned the gentleman doing the repair, he mentioned there was a call on a tripping complaint. I looked this morning and it is now sinking again which may cause another tripping complaint. I don't know if we will be able to attend the City Council meeting and we don't feel we should be charged for the sidewalk repair caused by the slabs not being correctly fixed the first time. Nancy Zimmerman 2380 Croixwood Blvd. Stillwater 1 water T H E B I R T H P L A C E 0 E M I N N E S 0 T A DATE: October 1st, 2024 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Interim Community Development Director SUBJECT: Appeal to 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 On June 26, 2024, the Planning Commission held a public hearing on an application for a Variance request to exceed the impervious surface and facilitate the construction of a pool. The Applicant is seeking a Variance 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, where 25% is required per the Shoreland Overlay District. The Planning Commission denied the application and adopted the following `Findings of Fact' in Resolution PC 2024-07 (attached to this report) 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 Applicant, Nik Hawley from Performance Pool and Spa (the Contractor), has appealed this decision to the City Council. On September 3, 2024 the City Council heard the Appeal and motioned to Table action of the Appeal. Council directed City Staff to review the proposed mitigation technique presented by the applicant and their contractor for compliance with acceptable stormwater mitigation requirements. ANALYSIS AND FINDINGS City Engineering and Planning Staff discussed what an appropriate mitigation strategy would look like, noting the mitigation would be uniquely specific to 3393 Pioneer Place and to the request for a pool within the Shoreland Overlay district. Some key considerations for this specific scenario include: how the surrounding subdivision has developed overtime, considering the intention of the previous interpretation for impervious surface when the subdivision was originally platted, how a pool functions in rain events, and the existing lawful nonconforming site conditions of 34% impervious surface. Staff concluded that an appropriate plan would result in mitigation of the proposed improvements back to existing site conditions of 34% impervious surface. Engineering Staff determined that successful mitigation would include using Minimum Impact Design Standards (MIDS). The performance goal is to capture 1.1 inches of runoff volume from the new impervious surface area. When reviewing the proposed mitigation technique against the standard outlined above, Staff found that the proposal is nearly sized at the appropriate amount. After modeling the site, Staff found that the applicant's proposal would need to be increased in size by 5%, from 90-cubic feet to 95-cubic feet. Due to the proposed mitigation plan, the unique situation of the Shoreland Overlay District and that the request is specifically for a pool, Staff finds that there is a path forward and could see support for approving the variance with the inclusion of two conditions; 1) The proposed mitigation technique be increased to meet the standards as determined by the Engineering Staff and 2) the inclusion of a Stormwater Management Agreement. ACTION REQUESTED If you find the proposed mitigation technique and proposed conditions outlined in the attached Resolution appropriate to determine that the Variance meets the practical difficulties test you can Overturn the Planning Commission's Resolution of B%R+a I If you agree with the Planning Commission's basis for denial, you must uphold it and Uphold the Planning Commission's Resolution of Denial. City of Stillwater Washington County, Minnesota RESOLUTION RESOLUTION ADOPTING FINDINGS OF FACT TO OVERTURNTHE 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 existing site conditions are nonconforming with 34% impervious surface coverage; and WHEREAS, the request is specific to the construction of a pool on residential property in the Shoreland Overlay District, which is within the boundaries of a Planned Unit Development; and WHEREAS, the owner has provided a detailed mitigation plan for Engineering Staff review, comment, and approval; and WHEREAS, the Planning Commission considered the Variance at its July 24, 2024 meeting, held a public hearing and took testimony from the public and denied the variance request; and WHEREAS, the Applicant appealed the Planning Commission's decision and the City Council reviewed decision on September 7, 2024 and on September 17, 2024, took into account the proposed mitigation plan, Staff's analysis of the mitigation plan and after hearing all of the information presented, moved to overturn the Planning Commission's denial. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Stillwater hereby adopts the following written findings for overturning the denial of the variance and adds the following reasonable conditions: FINDINGS 1. The applicant has provided a plan to mitigate the impervious surface that is consistent with existing site conditions. 2. The variance request is specifically related to the construction of a pool on residential property within the Shoreland Overlay District, for which an approved Planned Unit. 10101 LI 11] 111 [s] Ll 6'Ye] y_1 aa:ISIT/1 A 1. The variance approval is specifically for the construction of a pool pursuant to building plans approved by the City. 2. Prior to issuance of a building permit, a mitigation plan to mitigate impervious surface to maintain existing site conditions at 34% must be reviewed and approved by Engineer Department. 3. Prior to issuance of building permit, the Property owner must enter into a Stormwater Maintenance Agreement that binds the property owner and future owners to comply with stormwater agreement for the life of the pool. 4. A new variance request is required if the impervious surface on any part of the property is increased. Adopted by the City Council this 1st day of September, 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 *:/:11 3 k r_1 Legal Description of the Applicant's Property Address: 3393 Pioneer PI PID-3003020340014 Abstract Property Lot 5, Block 4, Liberty on the Lake, Washington County, Minnesota From: Nik Hawley To: Katriona Molasky; Nicolette Grope]; Husband Grovel; Beth Wolf; Planning Dent Subject: Re: 3393 Pioneer PI Variance Appeal Date: Friday, August 2, 2024 11:05:22 AM Attachments: image001pnng imaae004.DnD image005.Dng [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 Cell:651.592.7869 On Aug 1, 2024, at 2:56 PM, Nik Hawley <nik@performancepools.com> 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 Cell: 651.592.7869 www.r)erformanceaools.com <image003.png> From: Katriona Molasky <kmolasky@stillwatermn.gov> Sent: Thursday, August 1, 2024 2:33 PM lllwater Site Location: 3393 Pioneer Place - Variance July 2024 F , + , '^1 66 96, - �► fps � r � 47, C r. tvl y Ak. d9P C Site Location Parcels (]�j �.� Feet W E 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 1,034sgft of pool and patio addition, but also mitigates the current overage of 1,351sgft 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 Prepared TM - Performance Pool & Spa 2405 Annapolis Lane Plymouth, MN 55441 (651) 775 - 3940 (651) 731 - 8372 Fax Attn: Ken Ronsberg Kenronsberg@Comcast. ne Home Owner: 1999 Phil & Nicolette Gropel 3393 Pioneer Place Stillwater, MN 55082 (612 ) 559 - 1661 Lot - 5 Block - 4 Subdivision - 14,247 Sq. Ft. Libertv On The Lake PID 30-030-20-34-0014 Pool Dimensions Width X Length Pool ( 17 X 36 ) Deck( 23 X 44 ) ( 955.35 ) Denotes Proposed Elevation X 955.35 Denotes Existing Elevation Denotes Drainage Direction X X Denotes Silt Fence Scale -1 Inch = 20 Feet City Codes / Setbacks Principal - 10' Water Side - 10 ' Concrete Rear - 10 ' Concrete Equipment - Same REAR Fence - 4 ' Tall Septic -10' Water Well -20' Water Drainfield -20' Water Philgropel@gmail.com i GARAGE 1 936 GFE = 939.80 v X 939.62 a 235° E° Y. i ❑ ❑ 10 / I cn ° a� °^ 2131 ,m I 'Porch 138 i —L— HOUSE 2,568 xis Ing Concrete PatioWood— 28 Deck 940.66E EG =—-_ I' 200 h/Vood � 93971X 940.Oj EG — 940.66X _-- ---- 6 ORAINTILE = DRAIN TILE — i // 1 A X 9?jl 15 ° 939.39 x '•8 62 I° 940.40 Fioposed Pool r P I I I I 17X36 Prgposed Elevatiop / % (940.50) y__J-, 24.2 939.21 X 939.21 , Wg.69 939.96 IX 939.86 8 j.a 25 f _— — 939.79 XXXMI 3 X 939.39 7, do It Fence x NU/�CrrNa� + Exi i Berm EXISTING SWALE - 938 940 I 938 4' 940 ast�n e + EXISTING SWALE 942 m AS -BUILT SURVEY THIS SURVEY PREPARED FOR American Classic Homes P.O. Box 4143 Hastings, Minnesota 55033 LEGAL DESCRIPTION : Lot 5, 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. Alo NOTES G� DENOTES AS —BUILT DRAINAGE DIRECTION DENOTES AS —BUILT ELEVATIONS CDDENOTES EXISTING GROUND SPOT ELEVATION. (PRIOR TO ANY CONSTRUCTION) 0 DENOTES 1/2 INCH REBAR MONUMENT FOUND AND MARKED WITH A PLASTIC CAP INSCRIBED "WEBER RLS 12043", UNLESS SHOWN OTHERWISE. (ELEVATIONS ARE NGVD MEAN SEA—LEVEL,1929 ADJUSTMENT) ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE RECORDED PLAT OF LIBERTY ON THE LAKE. Folz, Freeman, Dupsy dot Associates, Inc. LAND SURVEYING • LAND PLANNING w t 11815 NORTHWESTERN AVENUE • STILLWATER, MINNESOTA 55082 • (651) 439-8833 • Fax (651) 430-OMI SCAM: 1 inch = 30 Feet 0 15 30 60 /i, 1 �4 Ie\ -k t -4 L l I J L 1• ; O ' 1s�. a ee I � • 36.04 l I hereby certify that this survey, plan or report was prepared by me or under my direct supervision, and that l am a duly Licensed Land Surveyor under the laws of the State of Minnesota. TIMOrrgy Aq o Min-eso Lic nsed Land Surveyor 16989 NOTE: OFFICIAL COPIES OF THIS MAP ARE CRIMP SEALED MUp /Va. yy—/Uv H HJ—t7UIL-/ C6 2001) — Fn17 Frnvmnn nurnnv .Rr dcanninfAa Inn — All Ainiilo A­r. 4 Prepared By: TM Performance Pool & Spa 2405 Annapolis Lane Plymouth, MN 55441 (651) 775 - 3940 (651) 731 - 8372 Fax Attn: Ken Ronsberg Home Owner: I 3393 Pioneer Place Stillwater, MN 55082 (612 ) 559 - 1661 Lot - 5 Block - 4 Subdivision - Liberty On The Lake PID 30-030-20-34-0014 Pool Dimensions Width X Length Pool ( 17 X 36 ) Deck( 23 X 44 ) Prepared By : Ken Ronsberg Lay - Out Engineer ( 651 ) 775 - 3940 712212018 Philgropel@gmail.com Pool Project Storm Water Manaqement Plan Area in Excess Of 25% Impervious Surface Area = 2,385 Sq. Ft. ( 2,385 X 1.1 " / 12 ) = 219 Cu. Ft. Filtration Volume Proposed Mitigation area 3 ' Wide 3 ' Deep 25 ' Long = 225 Cubic Feet Lot Area = 14,247 25 % = 3,562 Current Coverage = 4,913 Area Over = 1,023 Pool, Deck, Equip Pad = 1,351 Total Proposed Coverage 5,947 Area To Be Mitigated = 2,385 VECf'TATION (CRASS) / l 3 " OF 1/4 " l #,4Sf EO ROCK / /l l 3 " Jff,,V. SALTIACI O l CLEMY TOPSOIL OVERLAP FABRIC —12 " ON EITIIER SZOE OF TRENCH & SF,4A ' IPOTYN E vERY 2' —FILTER FABRIC Liz VEP TRENCH — SCARIFY 12 " BEJ0#1 ROCK SECTION INFILTRATION TRH CH SCC TI OH DC T/ l L No SCALE PERFORMANCE Performance Pool & Spa 1890 Wooddale Drive Woodbury, MN 55125 ( 651 ) 775 - 3940 Attn: Ken Ronsberg Impervious Surface Calculations P I D 30-030-20-34-0014 Name Phil & Nicolette Gropel Address 3393 Pioneer Place City Stillwater, MN 55082 Phone No. ( 612 ) 612 ) 559 - 1661 Lot 5 Block 4 Subdivision - Liberty On The Lake Total Lot Area = 14,247 Current Coverage= 4,913 Pool Project = 1,034 25 %Allowable = 3,562 Total Proposed = 5,947 25 % Allowable = 3,562 House & Garage Area = 2,568 Area Over = 2,385 Driveway Area = 1,431 Concrete Patio Area = 235 Aprox 41.74% Sidewalk Area = 213 Porch Area = 138 Wood Decks Area = 328 Current Coverage = 4,913 34.48 % Area Over = 1,351 Proposed Pool Project Please Call With any questions: Pool & Deck = 1,012 Ken Ronsberg Equipment Pad = 22 Lay -Out Engineer PPS Pool Project = 1,034 ( 651 ) 775 - 3940 1 water I T H E BIRTH PLACE OF MINNESOTA DATE: September 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Katriona Molasky, Assistant City Planner SUBJECT: Appeal to 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 On June 26, 2024, the Planning Commission held a public hearing on an application for a Variance request to exceed structural impervious surface and facilitate the construction of a pool. The Planning Commission denied the application and adopted the following `Findings of Fact' in Resolution PC 2024-07 on August 28, 2024: 1. There are no unique physical conditions that necessitate having a pool. 2. Requesting a pool larger than allow y ity Code is not a practical difficulty. The Resolution is attached. The Applicant, wley from Performance Pool and Spa (the Contractor), has appealed this decisi 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 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 baseetmee onomic considerations. The Planning Commission found that the applicant di t 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. •E 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 PI, 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%: 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 28t" day of August, 2024. CITY OF STILLWATER John Dybvig, Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director *:/:11 3 k r_1 Legal Description of the Applicant's Property Address: 3393 Pioneer PI PID-3003020340014 Abstract Property Lot 5, Block 4, Liberty on the Lake, Washington County, Minnesota 11 1 tems�fi wr The Birthplace of Minnesota 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 215t, 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 25t", 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 211, 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 potential new regulations. During a meeting between the property owners and Tim Gladhill, Community Development Director, on July 15t", this background was discussed and it was reiterated that the request 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 216 4th Street North, Stillwater Minnesota — 651-430-8800 — www.stillwatermn.gov water. THE BIRTHPLACE OF MINNESOTA DATE: October 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: First Reading Ordinance Amending Alcohol Training BACKGROUND The Police Department continues to work with the City Attorney with reviewing our City Code for improvements. Recently the City Code alcohol ordinance was changed as it relates to required training and documentation of training for individuals who serve alcohol. As we have reviewed this ordinance, with public input, we have identified a clarification that we are recommending that will uniformly apply to all licensees (new and existing) and require ongoing and updated training to all employees that serve alcohol. The ordinance will require that all on -sale liquor licensees train any employee who will serve alcoholic beverages prior to the employee selling alcohol and annually to each employee thereafter. The employer is responsible for maintaining records of such training for each employee. The Police Department intends to provide annual or bi- annual training on this topic as well as on-line resources. This training is also required for individuals serving alcohol at events as part of a Temporary Liquor License. RECOMMENDATION Staff recommends approval of Ordinance XXXX amending the alcohol training requirements ACTION REQUESTED Approve First Reading of ORDINANCE XXXX Regarding Alcohol Training City of Stillwater Washington County, Minnesota ORDINANCE NO. XXXX AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III, SECTION 6-79(J) OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Code Article III Section 6-790) is hereby amended as follows: (I) Mandatory Traininq Licensees must conduct alcohol training to any employee who will serve alcoholic beverages prior to authorizing the employee to serve alcohol. The alcohol training shall be conducted annually to each employee thereafter. The alcohol training must include the laws pertaining to the sale of alcohol, the rules for identification checks, and the responsibilities of establishments serving intoxicating liquors. The licensee must provide the City with proof of training each employee upon request. SECTION 2 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The text amendment adopted by the Stillwater City Council on , 2024 modifies the City Ordinance to clarify the requirements for mandatory server training pertaining to the sale of alcohol. Adopted by the City Council of the City of Stillwater this day of 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 FYI RAMSEY/ WASH I NGTON RECYCLING & ENERGY CONNECTING VALUE TO WASTE September 10, 2024 RE: Official Notice of 2025 Tipping Fee TO: Solid waste haulers and transfer stations licensed in Ramsey and/or Washington counties CC: Recycling coordinators in Ramsey and Washington counties The Ramsey/Washington Recycling & Energy Center (R&E Center) tipping fee for acceptable waste will be $130.00 per ton in 2025. Ramsey and Washington counties jointly own and operate the R&E Center, which processes trash to recover resources instead of putting it into landfills. By processing waste, thousands of tons of metal are recycled each year, and waste is turned into a fuel that Xcel Energy uses to generate renewable energy for thousands of homes per year. Processing waste at the R&E Center not only reduces greenhouse gas emissions by avoiding landfills, but the R&E Center also adds jobs and value to the East Metro economy. The 2025 tipping fee increase covers increased R&E Center operating expenses including labor, transportation of materials, insurance, as well as capital investments being made at the R&E Center. Capital investments support the recovery of additional recyclables from the trash, as well as the separation of food scraps collected as part of the Food Scraps Pickup Program for composting. Tipping fees typically account for about 1/3 of a household's trash bill. An average household produces about one ton of trash per year, so the 2025 tipping fee will increase the cost of trash collection in the average household by about $0.75 per month. The rest of the bill is related to other costs of running your business, such as transportation, insurance and labor — increases in which you may also be passing on to your customers. We appreciate your continued support and invite you to tour the R&E Center if you are interested. • For Ramsey County questions, contact Elizabeth Walsh at elizabeth.walsh@ramseycounty.us or 651-266-1187; or Ahmet Baysal at ahmet.baysal@ramseycounty.us or 651-470-4731. • For Washington County questions, contact Jamie Giesen at ramie.giesen@co.washington.mn.us or 651-430-6707. For all inquiries, please copy Sam Holl, R&E Center facility manager, at sholl@recyclingandenergy.org or 651-768-6678. Sincerely, Trista Martinson, Executive Director Ramsey/Washington Recycling & Energy 100 Red Rock Rd I Newport, MN 55055 1 651-768-6670 1 info@recyclingandenergy.com I recyclingandenergy.org FYI Board of Commissioners WashingtonFran Mixon, District 1 �`/ BOARD AGENDA Chair, Stan Karwosel, District 2 ^� COl�nty Gary Kriesl, District 3 October 1, 2024 - 9 00 AM Karla Bigham, District 4 Michelle Clasen, District 5 All listed times are approximate. Board Workshops will start immediately following the conclusion of the Board meeting. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Adopt a resolution reappointing William Armstrong, City of Lake Elmo, to a first full term beginning on November 15, 2024, and expiring November 14, 2027, as Manager on the Valley Branch Watershed District. B. Adopt a resolution appointing Larry Odebrecht, City of Stillwater, to a first term beginning on October 22, 2024, and expiring October 21, 2027, as Manager on the Brown's Creek Watershed District. C. Approval to update Communications Policy #1037. D. Approval to update Social Media Policy #1039. E. Approval to add 2.0 FTE (full-time equivalent) Maintenance Worker positions in the Public Works Transportation Division. F. Approve Change Order No. 1 to Contract No. 15827 with Hoffinan & McNamara Company in the amount of $16,522.25 for additional landscaping at the North Environmental Center project in Forest Lake. G. 1. Approve Amendment No. 1 to Cooperative Agreement No. 1026020 with the City of Oakdale and the Minnesota Department of Transportation to secure an additional $300,000 in funding from MnDOT for the TH 36 and Hadley Interchange Project. 2. Adopt a resolution certifying that the Washington County Board Chair and Administrator are authorized to execute Amendment No. 1 to Agreement No. 1026020. H. Adopt a resolution to accept the grant award for the FY 2024 Port Security Grant Program through the U.S. Department of Homeland Security, Federal Emergency Management Agency, in the amount of $225,000, for the period of September 1, 2024, through August 31, 2027. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 4. 9:10 Information Technology - Phil Dreyer, IT Manager A. Adopt a resolution to recognize October 2024 as Cybersecurity Awareness Month. 5. 9:25 Public Health and Environment - Caleb Johnson, Community/Environmental Health Program Manager Sr. A. Adopt a resolution approving the 2024-2042 Washington County Solid Waste Management Plan and authorize the Department of Public Health and Environment to submit the plan to the commissioner of the Minnesota Pollution Control Agency for review and approval. 6. 9:45 Public Works - Joe Gustafson, Traffic Engineer A. Adopt a resolution authorizing the installation of appropriate signs to establish an all -way stop condition at the intersection of County State Aid Highway (CSAH) 12 (Myrtle Street W) at Brick Street SBirchwood Drive in the City of Stillwater. 7. 10:00 Property Records and Taxpayer Services - Amy Stenftenagel, Director A. Adopt a resolution honoring staff in the Property Records and Taxpayer Services Department and declaring October 7-11, 2024, Customer Service Week in Washington County. 8. 10:15 General Administration - Kevin Corbid, County Administrator A. Approval of Imagine 2050 letter. 9. 10:30 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to thefull Board on committee activities, make comments on matters ofinterest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 10. 10:45 Board Correspondence 11. 10:45 Executive (Closed) Session - Public Works A. Executive (closed) session pursuant to Minn. Stat. § 13D.05 subd. 3(c) to review the appraisal for the property located at PID 06.031.20.11.0001 regarding the potential purchase for inclusion into Big Marine Park Reserve. 12. 11:15 Adjourn Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington .-= County 13. 11:20 Board Workshop with Public Works A. Review the draft 2025-2029 Capital Improvement Plan (CIP). 14. 12:15-12:30 Break 15. 12:30 Board Workshop with Public Works A. Review potential location for central yard waste and county operations. 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 of Commissioners Washington FYI Fran Mixon, District 1 _ ^� County Chair, Stan Karwoski, District 2 Gary Kham, District 3 �� BOARD AGENDA Karla Bigham, District 4 Michelle Clasen, District 5 September 24, 2024 - 9:00 AM All listed times are approximate. Board Workshops will start immediately following the conclusion of the Board meeting. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the September 3, 2024, and September 10, 2024, County Board meeting minutes. B. Approve Amendment No. 1 to Contract No. 13740, which extends the County's current participation in the Metropolitan County Consortium (MCC), a collaboration of counties who have agreed to partner in the coordination of Non -Emergency Medical Transportation (NEMT) services, through December 31, 2025. C. Adopt a resolution to approve the use of fund balance/County Transportation Sales Tax (CTST) from the South Shop Reserve Fund of up to $4,500,000 to temporarily cover any shortfall in the METRO Gold Line Project capital fund between October 2024, and June 2025. D. Approve Amendment No. 3 to Contract No. 14223 with Schreiber Mullaney Construction in the amount of $25,580.52 for on -demand carpentry services. E. Approve Change Order No. 2 to Contract No. 15908 with Nasseff Mechanical Contractors, Inc. in the amount of $8,234.00 for additional engineering time due to equipment layout revisions on the North Environmental Center project in Forest Lake. F. Approve Change Order No. 4 to Contract No. 15673 with A.J. Moore Electric, Inc. in the amount of $33,695.19 for multiple electrical revisions on the North Environmental Center project in Forest Lake. G. Approve Change Order No. 4 to Contract No. 15664 with Kevitt Excavating, LLC in the amount of $47,296.21 for multiple earthworks revisions at the North Environmental Center project in Forest Lake. 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 NNThshinglton ti County Consent Calendar continued H. Approve Change Order No. 5 to Contract No. 15659 with Wenzel -Plymouth Plumbing, LLC in the amount of $15,017.36 for multiple mechanical revisions on the North Environmental Center project in Forest Lake. I. Approve Change Order No. 6 to Contract No. 15648 with Axel H. Ohman, Inc. in the amount of $3,725.00 for multiple masonry revisions at the North Environmental Center project in Forest Lake. J. Approve Lease Agreement No. 16603 with the Carnelian -Marine -St. Croix Watershed District to lease office space at the Public Works North Shop location through June 30, 2025. K. Approve Change Order No. 2 on Contract No. 15665 with Commercial Flooring Services, LLC in the amount of $10,315.00 for additional tile wainscoting at the North Environmental Center project in Forest Lake. L. Approve Change Order No. 2 on Contract No. 15826 with Century Fence Company in the amount of $4,750.00 for multiple fencing revisions at the North Environmental Center project in Forest Lake. M. Approve Development Agreement Amendment No. 1 for the North Environmental Center project in Forest Lake. N. Adopt a resolution to approve and accept a donation from the Oakdale Gun Club. O. Approve Grant Agreement No. 16844 with the Minnesota Department of Public Safety, Office of Traffic Safety, for the 2025 Enforcement Grant Program in the amount of $212,200 for the period of October 1, 2024, through September 30, 2025. 4. 9:10 Public Works - A) Mandy Leonard, Building Services Project Manager Sr B) Cory Slagle, Assistant County Engineer and Lyssa Leitner, Planning Director A. Approve three items for the Central Service and License Center: 1. Approve Contract No. 16745 in the amount of $191,014 with Energy Concepts for Rooftop Photovoltaic Solar Panels on the Central Service and License Center. 2. Approve City of Woodbury Agreement No. 2024-10-1313, Maintenance Agreement for Private Infrastructure Facilities at 1261 Woodlane Drive, Washington County Central Service and License Center. 3. Approve naming building " Washington County Central Service and License Center". Public Works continued next page Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 4. 9:35 Public Works continued - B) Cory Slagle and Lyssa Leitner B. Approve three items for METRO Gold Line guideway maintenance: 1. Approve Subordinate Funding Agreement (SFA) #5 (Agreement No. 16734) with the Metropolitan Council to receive an amount not to exceed $859,040 for purchase of snow removal equipment for use to maintain the METRO Gold Line bus rapid transit guideway. 2. Approve Agreement No. 16841 between Metropolitan Council and Washington County for pre -revenue service maintenance of the Gold Line Bus Rapid Transit guideway and snow removal equipment. 3. Approve Agreement No. 16842 between Metropolitan Council and Washington County for post -revenue maintenance of the Gold Line Bus Rapid Transit guideway and snow removal equipment. 9:50 Sheriffs Office - Sheriff Dan Starry A. Adopt a resolution to approve and accept a donation from Joshua's Hope. 6. 10:00 General Administration - A) Board Chair Karwoski; B) Kevin Corbid, County Administrator A. Summary of the County Administrator's Performance Review. B. Certification of the 2025 proposed budgets and levies by adopting: 1. Resolution - Certifying the proposed property tax levy payable 2025 for Washington County. 2. Resolution - Certifying the proposed property tax levy payable 2025 for the Washington County Regional Railroad Authority. 3. Resolution - Adopting the Washington County proposed 2025 budget. 4. Resolution - Adopting the Washington County Regional Railroad Authority proposed 2025 budget. 5. Resolution - Consenting to the proposed property tax levy payable 2025 for the Washington County Community Development Agency. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 7. 10:35 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to thefull Board on committee activities, make comments on matters ofinterest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because ofdiscussion will be scheduled for a future board meeting. 8. 10:50 Board Correspondence 9. 10:50 Adjourn 10. 10:50-11:00 Break 11. 11:00 Board Workshop with Administration A. Review Metropolitan Council's IMAGINE 2050 Plan and draft comment letter. 12. 11:45 Personnel Committee Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer