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HomeMy WebLinkAbout2017-11-21 CC Agenda Packet -St i I IWI(a t 216 41h Street N, Stillwater, MN 55082 651-430-8800 The FintFFWaceofMinnear>cAa J' www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING November 21, 2017 REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 11. ROLL CALL 111. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the November 7, 2017 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk S. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10.Resolution 2017-224, directing payment of bills 11.Resolution 2017-225, approving address change of Tobacco License for Northgate, Inc., DBA: Still Tobacco 12.Resolution 2017-226, approving issuance of a new On-sale and Sunday Liquor Licenses to Oasis Cafe, Inc., DBA Oasis Cafe 13.Resolution 2017-227, approving issuance of a new On-sale, Sunday and 2 am Liquor Licenses to Brick& Bourbon Stillwater, LLC, DBA Brick&Bourbon 14.Resolution 2017-228, approving renewals of On-Sale, Off-Sale, Club,Wine, Wine With Strong Beer, Sunday On-Sale, On-Sale 3.2%, Off-Sale 3.2%, Micro Brewer Off-Sale, Micro Brewer Tap Room, Micro Brewer Tap Room Sunday Liquor Licenses and Tobacco Licenses for 2018 15.Resolution 2017-229, approving agreement for architectural& engineering services for St. Croix Valley Recreation Center improvements 16. Possible approval to purchase hardware/software upgrade for SCADA system 17.Resolution 2017-230, adopting delinquent sewer charges Project No. 0001 18.Resolution 2017-231, resolution adopting deferred assessments for 2017 Street Improvement Project (Project 2017-02, L.I. 413) 19.Resolution 2017-232, approval of contract for an organizational review project with George; Purpose, People, Performance Ltd. 20.Resolution 2017-233, approval of agreement of assessment and wativer of irregularity and appeal and adopting assessment for 514 St. Croix Avenue (Parcel No. 21.03020.34.0157) L.I. 416 21.Resolution 2017-234, adopting delinquent garbage bill charges Project No. 0002 22.Dnc^1„tien 2017-23 5, -ippFey l of Eeum aln Dunt AgFeeR4erit (Rescheduled for 12a12017) 23. Resolution 2017-235, a.p.proval of the Letter of Understanding-for Impound Housing Services for 2018 IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. No Public Hearings. X. UNFINISHED BUSINESS 24. Discussion on Zoning Text Amendment,to allow a cigar shop and sampling room in the Central Business District (Public hearing closed 11/7 meeting, Council discussion tabled to 11/21 meeting, Ordinance - 1St Reading- Roll Call) XI. NEW BUSINESS 25. Possible approval of construction staging area plan for the Lift Bridge Conversion Project 26. Possible approval to prepare feasibility report for 2018 Street Improvement Project (Project 2018-02) (Resolution - Roll Call) 27 Possible appFeval of Gat-al�ven}ent D1-,n (GIP) (Reser, a n Call) (Rescheduled for 12a12017) XII. PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 28. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE, PURSUANT TO MINN. STAT. §13D.05 (121 CHESTNUT E) RESOLUTION 2017-224 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $700,008.66 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office oft e City Clerk and may be inspected upon request. Adopted by the Council this 21st day of November, 2017. —.-........... Ted Kozlowski, Mayor ATTEST: .......... Diane F. Ward, City Clerk EXHIBIT"A"T0RESOLUTION#2017-224 Page LIST OF BILLS 3S| Security Systems Security equipment 69100 Abrahamson Nurseries Tree planted 465.00 Acce|a |nc Monthly UBweb payments 608.85 Ace Hardware Supplies 118.92 Action Rental Inc. Mixing trailer rental &concrete 190.00 Advance Auto Parts Equipment repair supplies 43.77 AdvantageHea|thCorp Wellness initiatives 1,055.00 American Test Center Inspection 1,348.00 Aspen Mills Uniforms 409.56 BJ Haines Tree Service Tree removal 2,500.00 Batteries Plus Bulbs Batteries 171.36 Becker Fire &Safety Extinguisher services 168.90 Bolton and K8enkInc. Lift Station Marine Cir 5,426.50 BurschviUeConstruction Inc. Storm sewer repairs 34,391.75 Business Data Record Services Shredding 99.50 [DVVGovernment Inc. Equipment 08.96 Cities Digital Document scanning 1,182.51 City View Electric Inc. Annual alarm monitoring 288.00 Cole Papers Janitorial supplies 152.48 Comcast Internet 53.64 Cub Foods Supplies 80.85 David Hardware Inc City Hall bathroom 380.03 Deere 81Company Equipment 2,566.36 DonaNSa|venda &Associates Books 183.84 ECM Publishers Publications 198.46 Eder-ZdechOkJody A Waste mgmtrefund 357.40 Edstronn Richard Refund oframp fee 2.80 Egger Alison Reimburse for expenses 295.00 Enterprise FK4Trust Lease vehicles 1,558.52 Fastene| [ompmny Equipment repair supplies 1'833.25 F|eischhakerDave Reimburse for work boots 160.00 Fraley Thomas Tools 206.39 G8& KServices Uniforms and mats 910.13 Ger1ensVVho|esa|e Holiday deco 807.62 Goodyear Commercial Tire Tires 1,031.67 Gopher State One Call inc. Locates 372.60 Greater Stillwater Chamber nfCommerce Renewal 735.00 Hoisington Koeg|erGroup Professional services 7,837.22 Hudson Rod Gun 8'Archery Club Range 600.00 Jefferson Fire and Safety Inc. Preventative K4aint 9,433.93 Jordan Joel Reimburse for work boots 118.00 Kath Companies Oil I,615.00 KmrTerra Inc. KorVVeb Service Fee -Ticket Splitting 1,000.00 Krueger`sChristmas Trees Holiday deco 970.00 Larnetti 8/Sons Slope repair 3'000.00 EXHIBIT"A" TO RESOLUTION#2017-224 Page 2 League VfMNCities Meeting and luncheon 75.00 Loff|erCompanies Copier Lease & |tServices 24,570.48 Magnuson Law Firm Professional Services 13,682.66 Mansfield Oil Company Fuel 4,488.88 Marshall Electric Company Building repair charges 525.00 MCFC]A Membership 40.00 K4ECA Membership 440.00 K4enards Equipment repair supplies 294.35 Metro Chief Fire Officers Assn Membership 100.80 Metropolitan Mechanical Maintenance Agreement 813.00 K4HSR[/Ran8e Training 1,215.00 Miller Excavating North pit 1,323.66 Minnesota Pump Works Equipment repair 206.25 Mitchell Ryan Reimburse for expenses 82.32 MNDept ofLabor and Industry Elevator license 100.00 K8WDept VfTransportation Traffic signal mnmint 157.12 Mo1imnDSP |nc |kenaspndight 4,754.05 MPNex|eve| LLC Locating 77125 NAPA Auto Parts Equipment repair supplies 1678 Office Depot Return 56&44 Olsen Chain & Cable Inc. Inspection 645.00 OnSite Sanitation Portable nestroonn rental 623.11 O'Reilly Auto Parts Battery 505.04 Rose City Sign Company Tennis ctlamps 835.50 Safety Signs Signs 2,449.00 Sen/icemmasterOean Police Project 2,225.00 Shi|tsUndy Reimburse for expenses 26636 Siegfried Construction Company George Chestnut & Myrtle sidewalk 15,050.00 Signation Sign Group Police Project 1,149.75 Simplex Grinnell LP Alarm motoring 648.29 Stillwater and Oak Park Heights CVB Qtr|yLodging Tax 73^648J7 Stillwater Rotary Club Membership 190.00 T.A. Schifskvand Sons Aggregate 783.64 The Tilted Tiki Refund ofoverpayment ofliquor license 50.00 Thomson Reuters Information Charges 137.81 Thu| Specialty Contracting Storm sewer repair 2,800.00 Toll Gas and Welding Supply Cylinders 44.14 Tri-State 8Vhca1 Equipment rental 330.00 Urbiha Judith Reimburse for notary commission 146.90 VVenck Police Project I8,019.49 Voyant Communications Phone 516.71 REC CENTER 1ST Line/LeewesVentures LLC Snacks for concessions 407.98 4FrontLLC Graphics 160.00 Ace Hardware Supplies 75.52 EXHIBIT "A"TORESOLUTION #2017-224 Page 3 Al's Coffee Company Hot beverages and supplies for concessions 980.I5 Coca-Cola Distribution Beverages for concessions 1,975.11 Comcast Internet 109.85 Cub Foods Hot dog buns for concessions 23.96 G & KGerviuea Mats 257.50 Ice Skating Institute Skater memberships 15.00 Pepsi Beverages Company Beverages for concessions 758.60 Peterson Salt & Water Treatment Ice melt 723.50 LIBRARY Ace Hardware Supplies 14.95 Baker and Taylor Materials 345.71 8arnhouae Office LLC Teen Room (Lavvson) 903.75 0noda/t Co Materials 1,76T56 Cole Papers Supplies 408.86 ESR Inc Shredding Service 55.18 G & KServices Towels & Rugs 83.14 Jacobsen Aurora MLA Conference Travel 100.58 Midwest Tape Materials 425.64 Reyers Mariah E. Programs SPLF 160.00 ADDENDUM Acoustics Associates Police project 9,262.50 Aspen Mills Uniforms 615.88 Burks Tree Tree Services 1,103.00 Comcast Internet 134.90 Enterprise FK4Trust Lease vehicles I,101.51 Esser Glass Police project 1,037.48 Ke||ington Construction Police project 39,280.53 Lexipo| LLC Fire policy manual update subscription 4,038.00 Madden Ga|anterHansew LLP Professional services 1,145.73 Multiple Concepts Interiors Police project 9,957.50 PhasorElectric Company Police project 77,659.65 Pinnacle Wall Systems Police project 269.38 Rehn Code Consulting Services Plan review 13,777.55 Stillwater Fire Relief Assoc 2017 Fire State Aid 164,973.54 SVVVVCService Cooperatives Retiree §kCOBRA Insurance 77,538.57 The|enHeating & Roofing Police project 1,662.50 ThuvnbeckSteel Fabrication Police project 2,808.20 Ward Diane Reimburse for office supplies 11.02 VVasche Commercial Finishes Police project I8,154.00 XCe| Ener8y Energy 1405522 TOTAL 720008.6� EXHIBIT"A" RESOLUTION#2017-224 Page Adopted by the City Council this 21st Day of November, 2017 RESOLUTION 2017-229 RESOLUTION APPROVING CONTRACT FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR ST. CROIX VALLEY RECREATION CENTER IMPROVEMENTS WHEREAS, on November 7, 2017 the City Council of the City of Stillwater approved the selection of HDR Architecture, Inc. to provide design, cost estimation, engineering and Achitectural services for the St. Croix Valley Recreation Center Improvements Project; and WHEREAS, HDR Architecture, Inc.has submitted an AIA contract dated November 21, 2017, which fairly represents the scope of services as requested by the City, as well as contractual terms and conditions, schedule,compensation and other details as found acceptable to both the City of Stillwater and HDR Architecture, Inc. NOW THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby approves the HDR Architecture, Inc. contract and authorizes Mayor Kozlowski to sign the contract. Adopted by the Stillwater City Council this 21St day of November, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk AIA® DOCUMENT B103TM- 2007 Standard Form of Agreement Between Owner and Architect This document is a modified version of AIA® Document B103TM — 2007, Copyright © 2007 by the American Institute of Architects. Deletions are indicated by*irk throatgh text and additions are indicated by bold text. AGREEMENT made as of the 21st day of November in the year 2017. (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Name: City of Stillwater,MN Address: 216 4"street N City: Stillwater State: Minnesota Phone: (651)430-8800 Email: recctr@ci.stillwater.mn.us and the Architect: (Name, address and other information) Name: HDR Architecture,Inc. Address: 600 Hennepin Ave. Suite 260 City: Minneapolis State: Minnesota Phone: (612-524-6000 Email: don.rolf@hdrinc.com for the following Project: (Name, location, and detailed description) Name: St.Croix Valley Recreation Center Location: 1675 Market Drive,Stillwater,MN 55082 Description: Recreation Center: (refer to attachments for additional description) 1. Approx.11,000 sq.ft.New Construction(two levels) 2. Entrance and field house connection study 3. Interior cosmetic upgrades; Lighting,Door Hardware,Painting. Dome Field House: (refer to attachments for additional description) 1. Expand length from 96 yards to 110 yards(Regulation size field) 2. Replace field turf 3. New membrane cover The Owner and Architect agree as follows. 1 of 27 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 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. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, "unknown at time of execution"or "to be determined later by mutual agreement.') 1.1.1 The Owner's program for the Project: (Idents documentation or state the manner in which the program will be developed.) As identified in Attachment 1 1.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, sire, location, dimensions, or other pertinent information, such as geotechnical reports;site, boundary and toprrgraphic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) As identified in the project description and Attachment 2 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.) The owner has identified the following target Cost of Work; a. Recreation Center addition and remodeling; $1,500,000.00 b. Fieldhouse Dome fabric and turf replacement;$2,5000,000.00 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates,if any: December 2017—April 2018 .2 Commencement of construction: Spring 2018 .3 Substantial Completion date or milestone dates: Recreation Center Fall 2018/Fieldhouse turf and dome Fall 2019 2 of 27 .4 Other: 1.1.5 The Owner intends the following procurement or delivery method for the Project: Construction Management is in discussion (Identify method such as competitive bid, negotiated contract or construction management) 1.1.6 The Owner's requirements for accelerated or fast-track scheduling,multiple bid packages,or phased construction are set forth below: ONE complete bid package (List number and type of bid/procurement packages) 1.1.7 Other Project information: (Idents special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address and other information.) Name: -------- -------- -.............. ._.. Address: City,State: Phone: ......................................................... Email: 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address and other information.) Name: Address: City,State: Phone: Email: 1.1.10 The Owner will retain the following consultants and contractors: (List name, address and other information) .1 Cost Consultant: Name: Address: City,State: _ Phone: Email: .2 Scheduling Consultant: Name: Address: City,State: Phone: .................................----------— -- -- Email: .3 Geotechnical Engineer: Name: TO BE DETERMINED Address: ....... .--_________ City,State: ............................ . . . Phone: Email: .4 Civil Engineer: Name: TO BE DETERMINED Address: City,State: Phone: 3 of 27 Email: .5 Other,if any: (List any other consultants or contractors retained by the Owner, such as a Project or Program Manager, construction contractor, or construction manager as constructor.) Name: Address: City,State Phone: Email: 1.1.11 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other information) Name: ............................................. Address: City,State: ....................... .... Phone: Email: 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, address and other information) 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: Name: TO BE DETERMINED Address: City, State: - Phone: -- Email: .2 Mechanical Engineer: Name: TO BE DETERMINED Address: City, State: Phone: Email: .3 Electrical Engineer: Name: TO BE DETERMINED Address: City, State: Phone: Email: .4 Other,if any: (List any other consultants retained by the Architect under Basic Services.) Name: Address: City,State: ............................... ..--_. Phone: Email: 1.1.12.3 Consultants retained under Additional Services: Name: 4 of 27 Address: City, State: Phone: Email: 1.1.13 Other Initial Information on which the Agreement is based:. 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that such information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the schedule,the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES 2.1 The Architect shall provide the professional services as set forth in this Agreement. 2.1.1 The architectural and engineering services shall be performed by or under the supervision of architects and engineers licensed in the State where the Project is located. 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project.The Architect's designated representative may authorize other employees of the Architect, approved by the Owner,to act on the Architect's behalf with respect to the Project. 2.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 2.5 The Architect shall maintain the following insurance for the duration of this Agreement.If any of the requirements set forth below exceed the types and limits the Architect normally maintains,the Owner shall reimburse the Architect for any additional cost. 2.5.1 Comprehensive General Liability with policy limits of not less than one million dollars($1,000,000)for each occurrence and in the aggregate for bodily injury and property damage. 2.5.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not less than one million dollars($1,000,000)combined single limit and aggregate for bodily injury and property damage. 2.5.3 The Architect may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability,provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. 2.5.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than two hundred fifty thousand dollars($250,000). 2.5.5 Professional Liability covering the Architect's negligent acts,errors and omissions in its performance of professional services with policy limits of not less than two million dollars($2,000,000)per claim and in the aggregate. 2.5.6 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the re uirements in this Section 2.5.The certificates will show the Owner as an additional insured on the 5 of 27 Comprehensive General Liability,Automobile Liability,umbrella or excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES 3.1 The Architect's Basic Set-vices consist of those described in Article 3 and designated as Basic Services in Exhibit A and include usual and customary structural,mechanical,and electrical engineering services. Note that Exhibit A may modify services set forth in Article 3. Services not set forth in this Article 3 or not designated in Exhibit A as Basic Services are Additional Services. 3.1.1 The Architect shall manage the Architect's services,consult with the Owner,research applicable design criteria,attend a mutually agreed to number of Project meetings in accordance with the schedule applicable to the performance of Architect's services attached to this Agreement as Exhibit B, communicate with members of the Project team and report progress to the Owner. 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants.The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission or inconsistency in such services or information. 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit to the Owner and the Scheduling Consultant a schedule of the Architect's services for inclusion in the Project schedule.The schedule of the Architect's services shall include design milestone dates,anticipated dates when cost estimates or design reviews may occur,Project meeting and site visit dates,and allowances lbr periods of time required(1)for the Owner's review(2)for the performance of the Owner's consultants,and(3)for approval of submissions by authorities having jurisdiction over the Project. 3.1.4 Upon the Owner's reasonable request,the Architect shall submit information to the Scheduling Consultant and participate in developing and revising the Project schedule as it relates to the Architect's services. 3.1.5 Once the Owner and the Architect agree to the time limits established by the project schedule,the Owner and the Architect shall not exceed them,except for reasonable cause, 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval, 3.1.7 The Architect shall,at appropriate times,contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project.In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services, 3.1.7.1 The Architect will endeavor to produce drawings and specifications in accordance with applicable building codes and ordinances. However,it is understood and agreed that certain issues of code compliance are subject to subjective or discretionary interpretation or application by code enforcement agencies or officials. The Architect will exercise reasonable professional efforts to obtain compliance with applicable codes affecting its drawings and specifications,but shall have no responsibility or liability for adverse code interpretations,rulings or determinations where they are subject to discretionary,subjective or unpredictable interpretation,application or review by code enforcement officials or agencies. 3.1.8 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re for the:approval ofgovernmental authorities having jurisdiction over the Project. 6 of 27 3.1.9 The Architect's development of the specifications within the Project Manual,along with the Architect's fee for such services,is based on the following understandings: .1 The Architect shall use its master specifications, including: (a) technical content; (b) format; and (c) processing system. .2 In order to obtain the level of quality desired for the Project, or in some cases to obtain specific attributes desired for the Project, certain material or product specifications from only one manufacturer may be approved. However, other manufacturers may be given the opportunity, during the bidding period, to submit information establishing that they meet or exceed the particular requirements,but until satisfactory proof is presented,they will not be approved to bid on the Project. .3 The Architect shall use its web based project collaboration system, Project Tracker, primarily during the Construction Phase of the Project. This system currently provides the status of submittals; a Request for Information (RFI) processing and status module; and a reporting module. If the Owner retains a Construction Manager (CM), Program Manager (PM) or the equivalent that requests the use of another web based system,or if the Owner requests the use of another web based system,the following procedure and conditions shall apply: (a) The Architect shall demonstrate the capabilities of Project Tracker. If the CM, PM, equivalent or Owner finds it acceptable, Project Tracker shall be utilized at no additional cost to the Owner. (b) If the CM,PM,equivalent or Owner requires the use of an alternative system,the CM, PM, equivalent or Owner shall be responsible for converting RFIs to an acceptable electronic text format and emailing them to the Architect.The Architect shall respond to such RFIs electronically utilizing email and shall use Project Tracker to track RFIs internally. The CM, PM, equivalent or Owner will be responsible for merging the Architect's electronic responses into its system. This approach will be at no additional cost to the Owner. (c) If the Architect is required to use the CM, PM, equivalent or Owner's system, the Owner agrees to provide and compensate Architect for all training necessary for the Architect's personnel to achieve proficiency with respect to the alternative system. Training time will be considered an Additional Service and the Architect's compensation will be adjusted accordingly. In addition,the Owner,at its expense,shall provide all copies of software with appropriate licenses, software upgrades and hardware upgrades if and when necessary. 3.2 SCHEMATIC DESIGN PHASE SERVICES 3.2.1 The Architect shall review the program and other information furnished by the Owner,and shall review laws,codes,and regulations applicable to the Architect's services. 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and the proposed procurement or delivery method and other Initial Information, each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(I)any inconsistencies discovered in the information,,and(2)other information or consulting services that may be reasonably needed for the Project. 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative appreaches to design and construction of the Project,includingthe feasibility of incur oratin 7 of 27 environmentally responsible design approaches.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. 3.2.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 3.2.5.1 The Architect shall consider environmentally responsible design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain other environmentally responsible design services under Article 4. 3.2.5.2 The Architect shall consider the value of alternative materials,building systems and equipment,together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget fbr the Cost of the Work. 3.2.5.3 In the event the Owner elects to pursue LEED certification or the equivalent of the Project,Owner acknowledges that the LEED Green Building Rating System and similar rating systems(collectively "LEED"),utilize certain design,construction and usability guidelines or recommendations in order to promote environmental responsibility and/or energy efficiency. In addressing these guidelines or recommendations,the Architect shall perform its services with the degree of skill and care ordinarily exercised by similarly situated members of its profession involved in the design of similar projects at the same time and in the same locale as the Project. The Owner further acknowledges and understands that LEED is subject to various and possibly contradictory interpretations and that achieving and maintaining compliance with LEED may involve factors beyond the Architect's control,including without limitation Owner's use and operation of the completed Project. The Architect will use reasonable care,consistent with the foregoing standard,in interpreting and designing in accordance with LEED,but does not warrant or represent that the Project will actually achieve LEED certification. The Architect shall not be responsible for the Contractor's failure to adhere to the Contract Documents and any applicable laws,codes and regulations incorporated therein,nor for any changes to the design made by the Owner without the direct participation and written consent of the Architect. Likewise,the Architect shall not be responsible for any environmental and/or energy issues arising out of the Owner's use and operation of the completed Project. 3.2.5.4 The Owner acknowledges that pursuing LEED certification of the Project may necessitate the incorporation of new or innovative products,technologies or methods into the Project and that such products,technologies or methods may not realize their intended objectives or may even involve collateral consequences. The Owner further acknowledges that it has evaluated the potential risks and rewards in connection with the use or application of such products,technologies and methods and assumes any associated risks. 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Cost Consultant.The Architect shall meet with the Cost Consultant to review the Schematic Design Documents. 3.2.7 Upon receipt of the Cost Consultant's estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budvct for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect 8of27 shall incorporate the required revisions in the Design Development Phase. 3.3 DESIGN DEVELOPMENT PHASE SERVICE'S 3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.3, the Architect shall prepare Design Development Documents for the Owner's approval.The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts ol'building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and such other elements as may be appropriate.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. 3.3.2 Prior to the Conclusion of the Design Development Phase,the Architect shall submit the Design Development documents to the Owner and the Cost Consultant.The Architect shall meet with the Cost Consultant to review the Design Development Documents. 3.3.3 Upon receipt of the Cost Consultant's estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES 3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adj ustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work, The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. 3.4.3 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of(1)bidding and procurement information that describes the time,place and conditions of bidding,including bidding or proposal forms;(2)the form of agreement between the Owner and Contractor; and(3)the Conditions of the Contract for Construction(General,Supplementary and other Conditions) as further defined in 3.6.1.1.The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. 3.4.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Cost Consultant.The Architect shall meet with the Cost Consultant to review the Construction Documents. 3.4.5 Upon receipt of the Cost Consultant's estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7 and request the Owner's approval of the Construction Documents. 3.5 BIDDING OR NEGOTIATION PHASE SERVICES 3.5.1 GENERAL 9 of 27 Unless the Owner contracts with a Construction Manager or another party providing similar services, Tthe Architect shall assist the Owner in establishing a list of prospective contractors.Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner in(1)obtaining either competitive bids or negotiated proposals;(2)confirming responsiveness of bids or proposals;(3) determining the successful bid or proposal,if any;and,(4)awarding and preparing contracts for construction 3.5.2 COMPETITIVE BIDDING 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, unless the Owner contracts with a Construction Manager or another party providing similar services, .2 participating in a pre-bid conference for prospective bidders,and .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents in the form of addenda. 3.5.2.3 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 3.5.3 NEGOTIATED PROPOSALS 3.5.3.1 Proposal Documents shall consist of proposal requirements,and proposed Contract Documents. 3.5.3.2 Unless the Owner contracts with a Construction Manager or another party providing similar services,Tthe Architect shall assist the Owner in obtaining proposals by .1 facilitating the reproduction of Proposal Documents for distribution to prospective contractors,and requesting their return upon completion of the negotiation process; .2 participating in selection interviews with prospective contractors;and .3 participating in negotiations with prospective contractors. 3.5.3.3 The Architect shall consider requests for substitutions,if the Proposal Documents permit substitutions,and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. 3.6 CONSTRUCTION PHASE SERVICES 3.6.1 GENERAL 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201'I'm-2007,General Conditions of the Contract for Construction as modified for the Project.If the Owner and Conti-actor modify AIA Document A201-2007,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect 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, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect'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 Contractor or of any other persons or entities performing portions of the Work. 3.6.1.3 Subject to Section 4.3,the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates aotl*-tlat -rale 15 -lot 10 of 27 sixty(60)days after the date of Substantial Completion of the Work as defined in the Contract Documents or Contract for Construction. If the Contract Documents or Contract for Construction does not contain the date for Substantial Completion,the Architect's responsibility to provide Construction Phase Services shall terminate sixty(60)days after the proposed date of Substantial Completion stipulated by the Contractor in its initial construction schedule. 3.6.2 EVALUATIONS OF THE WORK 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.3.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine, in general, if the Work observed is being perfoi-med in a manner indicating that the Work,when fully completed,will be in accordance with the Conti-act Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion ofthe Work completed,and report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule,and(2)defects and deficiencies observed in the Work. 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is fabricated, installed or completed.I lowever,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2007as modified for the Project,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts,The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment,that,to the best of the Architect's knowledge,information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations from the Contract Documents prior to completion,and (4)to specific qualifications expressed by the Architect. 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(])made exhaustive or continuous on-site i ed I I of 27 construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Conti-actor has used money previously paid on account of the Contract Sum. To the extent applicable,Certificates for Payment shall be based,in part,on the recommendations of the Construction Manager or another party providing similar services. 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment, 3.6.4 SUBMITTALS 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval.The Architect's action in reviewing submittals shall betaken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. 3.6.4.2 In accordance with the Architect-approved submittal schedule,the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Such review and action on the part of the Architect is limited only to the submittals identified in the Contract Documents prepared by the Architect. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Informational submittals upon which the Architect is not expected to take responsive action may be identified as such in the Contract Documents, Submittals that are not required by the Contract Documents may be returned by the Architect without action. 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems,materials or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's sea]and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. 3.6.4.4 Subject to the provisions of Section 4.3,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth in the Contract Documents the requirements fbr requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness. If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for inibri-nation. 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 3.6.5 CHANGES IN TI IE WORK 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension ofthe Contract Time. Subject to the provisions of'Section 4.3,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. ............. 12 of 27 3.6.5.2 The Architect shall maintain records relative to changes in the Work. 3.6.6 PROJECT COMPLETION 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;issue Certificates of Substantial Completion;receive from the Contractor and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Conti-act Documents and assembled by the Contractor;and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 3.6.6.3 When the Work is found to be substantially complete,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the Contract Sum,if any, for final completion or correction of the Work. 3.6.6.4 The Architect shall forward to the Owner the following information to the extent received from the Contractor:(1)consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2)affidavits,receipts,releases and waivers of liens or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Contractor under the Contract Documents. 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES 4.1 Additional Services 4stedl')Oow are not included in Basic Services but may be required for the Project.The Architect shall provide the4i4e4-Additional Services as set forth below and in Exhibit A and Exhibit B and,to the extent applicable,as mutually agreed by the Owner and Architect after execution of this Agreement ly-4 and the Owner shall compensate the Architect as provided in Sections 11.2 through 11.4 and for any Reimbursable Expenses incurred in connection therewith as provided in Section 11.8. ............. ................... ......... ,()wf&w-or-A4#t 444 V 444 "+R. I............ 444 RxL4t4e+W '-m4o"oo-and-Mmming S4e+, 44-.6 1WJiang4+1k*r+1"0F"W)deli44g L 44.4-4r7 � I ................ J........ .... ...... .. ..... ......... 13 of 27 ................._._......__......... 44,9 A+(AJ4vc4tu a 4ottw4 r4)ei (132521- 20074 .»»...., ............ .......... .. ........_.w. ..w.�............ 1 N 4:1. -"�s lo"..aff i�1"4Q4)4I�t _ _... .�.. ... - — ......... 4441 Dew gat e4t rM ct#�+ 4.1 13 Car ." rget r 'M�ttatwsn _._._.. _......�..._...._..._...._...................... 413 C lrxaa 1 eurrwt� etiu _...._.._.... 4 1�1 A �t dr 4 1 1� raetrad u4rwzg 4.'.17 las r ility S tpalrc t i�+c s (4 Qi('45 —2007 4.1 18 4.1.19 ( r anti r rf lwr r'; sesultar+ts 4.1.29 .go .._.............. �... 4.1.34 p lu ati nil l laaar is (442061x-24)(q) ^� l� �si"ve-e�xvi �ruw�tully. r :an 4 1.241141 -t +frati + ...... ............_..._ _..... 4 1.25 l l it i4 eer irn 414?P�'r 4.1.26 Vua 4wv-,4l ishiw Ana l tai f me, t De ilk 444-Z � 2O-7) 4.2tt a Beset i{ tuiurt +l e. litiuul ea ..°' utel+rhe " 4tlA �itec +c�aailailaiy i4 n�t�l tarttl�e�cieWa��=il,�ev:�ir�-ur� ibit-utta���1-k�-t h i* 6umua�t: 4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement.Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Sections 11.3 through 11.4 and for any Reimbursable Expenses incurred in connection therewith as provided in Section 11.8 and to an appropriate adjustment in the Architect's schedule. 4.3.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following services until the Architect 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,but not limited to,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; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives,such as unique system designs,in-depth material research,energy modeling,or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes,laws or regulations or official interpretations; .4 Services necessitated by decisions ofthe Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; 14 of 27 .5 Preparing digital data for transmission to the Owner's consultants and contractors,or to other Owner authorized recipients; .6 Preparation ot'design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for,and attendance at,a public presentation,meeting or hearing; .8 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. 4.3.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If the Owner subsequently determines that all or parts of those services are not required,the Owner shall give prompt written notice to the Architect,and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractors requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor frorn a careful study and comparison of the Contract Documents, field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 Preparing Change Orders,and Construction Change Directives that require evaluation of Contractor's proposals and supporting data,or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom;or .6 To the extent the Architect's Basic Services are affected,providing Construction Phase Services 60 days after(1)the date of'Substantial Completion of the Work or(2)the anticipated date of Substantial Completion,identified in Initial Information,whichever is earlier. 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached,the Architect shall notify the Owner: .1 Two(2)reviews of each Shop Drawing,product Data item,sample and similar submittals of the Contractor .2 Two(2)visits to the site by the Architect over the duration of the Project during construction .3 One(1)inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One(1)inspections for any portion of the Work to determine final completion 4.3.4 If the services covered by this Agreement have not been completed within One(1)months of the date of this Agreement,through no fault of the Architect,extension of the Architect'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,including space requirements and relationships,flexibility,expandability,special equipment,systems and site requirements.Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. The Owner shall make timely reviews and decisions necessary to maintain the schedule in accordance with Section 3.1.3. 5.2 The Owner shall furnish the services of a Scheduling Consultant that shall be responsible for creating the 15 of 27 overall Project schedule.The Owner shall adjust the Project schedule,if necessary,as the Project proceeds. 5.3 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost ofthe 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 furnish the services of a Cost Consultant that shall be responsible for preparing all estimates of the Cost of the Work.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect,The Owner and the Architect shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Contractor to remove and replace previously installed Work.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 identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 5.5 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 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. 5.6 The Owner shall furnish services of geotechnical engineers,which may include but are not limited to test borings,test pits,determinations of soil hearing 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. 5.7 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect'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 in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided, 5.7.1 If the Owner contracts separately for any design services,those services shall be performed by professional consultants licensed in the state of the Project,who shall affix their seals on the appropriate documents prepared by them. The contract between the Owner and the Owner's consultants shall require the consultants to coordinate their drawings and other instruments of service with those of the Architect and to advise the Architect of any potential conflict. The Architect shall have no responsibility for the components of the Project designed by the Owner's consultants. Review by the Architect of such consultants'drawings and other instruments of service is solely for consistency with the Architect's design concept for the Project. The Architect shall be entitled to rely on the technical sufficiency and timely delivery of documents and services furnished by the Owner's consultants,including without limitation the computations performed by those consultants in connection with such documents and services and shall not be required to review or verify those computations or designs for compliance with applicable laws,statutes,ordinances, building codes,and rules and regulations. The Owner shall indemnify and hold harmless the 16 of 27 Architect,Architect's consultants,and agents and employees of any of them from and against claims, damages,losses and expenses,including without limitation attorney's fees,arising out of the documents prepared by and services performed by the Owner's consultants. 5.8 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,electrical and chemical tests,tests for air and water pollution,and tests for hazardous materials. 5.9 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,including without limitation services required to verify the Construction Manager's or Contractor's Application for Payment or to ascertain how or for what purpose the Construction Manager or Contractor used the money paid by or on behalf the Owner. 5.10 The Owner shall provide prompt written notice to the 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. 5.11 Except as otherwise provided in this Agreement,or when direct communications have been specially authorized,the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents.The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. 5.12 Before executing the Contract for Construction,the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,including the General Conditions of the Contract for Construction. 5.13 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. 5.14 During the construction phase of the Project, the Owner shall require the Construction Manager, if applicable, or the Contractor to notify the Architect of any known or reasonable foreseeable health or safety hazards at the Project site and shall further require that the Construction Manager, if applicable,or the Contractor provide any health and safety equipment necessary for the Architect to perform its services at the Project site. The Owner shall be responsible for providing such notification and equipment during other phases of the Project. 5.15 The Owner shall apply for and obtain and all certificates of occupancy,licenses and permits which may be required by governmental authorities having jurisdiction over the Project and which are a prerequisite to occupancy,use or operation of the Project by Owner. 5.19 The Owner shall furnish the services of other consultants when such services are reasonably required for the Project and are requested by Architect. 5.20 If the Owner accepts non-conforming Work or authorizes deviations from the documents prepared by the Architect or Architect's consultants, recorded or unrecorded, without written agreement of the Architect,the Owner shall indemnify and hold harmless the Architect,Architect consultants and the officers, directors, agents and employees of each of them from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting in whole or in part from such deviations, regardless whether or not such claims, damages, losses or expenses are caused in part by a party indemnified hereunder. 5.21 It is understood and agreed that the nature of the design process is such that plans,specifications 17 of 27 and other documentation prepared by or related services performed by the Architect under this Agreement may contain errors,omissions,conflicts,ambiguities or design uncertainties requiring correction,modification or clarification. Accordingly,the Owner agrees to establish a design contingency equal to two percent(2%)of the Cost of the Work,which shall be utilized by the Owner for construction costs attributable to any such errors,omissions,conflicts,ambiguities or design uncertainties,excluding any improvement or betterment costs.Construction costs incurred by the Owner,excluding any improvement or betterment costs,in excess of this design contingency shall be the responsibility of the Architect,but only to the extent caused by Architect's negligent acts,errors, or omissions in the performance of services under this Agreement. 5.22 The services, information, surveys and reports required by this Article 5 shall be furnished at the Owner's expense and Architect shall be entitled to rely upon the accuracy 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,at current market rates, labor and materials furnished by the Owner,contractors'general conditions costs,overhead and profit and a contingency in the amount of no less than ten percent(10%)of the Cost of the Work for design,bidding or negotiating,price escalation,market conditions and other unknowns. The preliminary estimate of the Cost of the Work and each updated estimate shall include such contingency. The Cost of the Work does not include the compensation of the Architect,the costs of the land,rights-of-way,financing,contingencies for changes in the Work or other costs that are the responsibility of the Owner. 6.1.1 The Cost of the Work shall be determined as follows,with precedence in the order listed: .1 The first Owner-accepted Guaranteed Maximum Price(GMP)when a GMP is submitted for the Work;or .2 In the absence of a GMP: (a) For completed construction,the cost of all such Work; (b) For Work not constructed,(1)the lowest bona fide bid received from a qualified bidder for any or all of such Work, or (2) if the Work is not bid, the bona fide negotiated proposal submitted for any or all of such Work;or (c) For Work for which no such bid or proposal is received, (1) the latest updated estimate of the Cost of the Work if one is available, or(2)if such updated estimate is not available,the preliminary estimate of Cost of the Work. 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and may be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. 6.3 As noted in Section 6.1,Tthe Owner shall require the Cost Consultant to include appropriate contingencies for design,bidding or negotiating,price escalation,tH+d market conditions and other unknowns in all estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of'estimates of the Cost of the Work the Cost Consultant prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings, Specifications or other documents required due to the Cost Consultant's inaccuracies or incompleteness in preparing cost estimates.The Architect may review the Cost Consultant's estimates solely for the Architect's guidance in completion of its services,however,the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. 6.4 If,prior to the conclusion of the Design Development Phase,the Cost Consultant's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Cost Consultant,shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget,and the Owner shall cooperate with the Architect in making such adjustments. 18 of'27 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase 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 in consultation with the Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .3 implement any other mutually acceptable alternative 6.6 If the Owner chooses to proceed under Section 6.5.2,the Architect,without additional compensation,shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1.The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. 6.7 After incorporation of modifications under Section 6.6,the Architect shall,as an Additional Service,make any required revisions to the Drawings,Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation pertaining to the Project in digital or electronic form,they shall endeavor to establish necessary protocols governing such transmissions. Should the Owner and Architect fail to establish such protocols,then Instruments of Service and other information and documentation pertaining to the Project shall be transmitted between the parties in Architect's electronic format. Thereafter,should the Owner request the provision of such information in any other electronic format,such request shall constitute an Additional Service and the provisions of Article 4 shall apply. Electronic files incorporating Instruments of Service or other information or documentation pertaining to the Project are not Contract Documents and cannot be relied upon as identical to Contract Documents due to changes or errors induced by translation, conversion,transmission,improper storage or maintenance or alteration while under the control of others. 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law, statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 7.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining, altering and adding to the Project,provided that the Owner substantially performs its obligations,including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. If the Owner rightfully terminates this Agreement for cause under Section 9.4,the license granted in this Section 7.3 shall not terminate and the Owner may authorize other similarly credentialed design professionals to reproduce and, where permitted by law,to make changes,corrections or additions to the Instruments of Service 19 of 27 solely for the purpose of completing,using,modifying and maintaining the Project. 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service or electronic files incorporating Instruments of Service or other information or documentation pertaining to the Project that are not part of the Contract Documents,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law and notwithstanding anything herein to the contrary, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service or electronic files under this Section 7.3.1. macefy te �t�6ti�tl��w•• l��r-eti�a��ec . 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES 8.1 GENERAL 8.1.1 The Owner and Architect shall commence all claims and causes of action,whether in contract,tort,or otherwise,against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement 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 Architect 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 Architect 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 A201-2007, General Conditions of the Contract for Construction as modified for the Project.The Owner or the Architect,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 Architect 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 Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. 8.1.4 The Architect 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 party's termination of this Agreement,except as specifically provided in Section 9.7. 8.2 MEDIATION 8.2.1 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between themselves prior to mediation or binding dispute resolution. However,in the event the parties are unable to resolve such claims,disputes and other matters in question between themselves, 1arortkauef irrqueNtron they shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is 20 of 27 the subject of a lien arising out of the Architect's services,the Architect 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 Architect 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 the Agreement.A request for mediation shall be made in writing,delivered to the other party to the 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 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. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court o competent jurisdiction.) ?f Arbitration pursuant to Section 8.3 of this Agreement X Litigation in a court of competent jurisdiction Other(Specify) 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 the 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. 21 of 27 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 ernploy 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. 8.3.4.3 The Owner and Architect 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 Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to Suspend services,the Architect shall give seven fifteen days' written notice to the Owner before suspending services. In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Bctbre resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to natiee the effective date of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services to include costs associated with maintaining or terminating employees.The Architect'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 Architect,the Architect may terminate this Agreement by giving not less than seven fifteen days'written notice. 9.4 Either party may terminate this Agreement upon not less than seveff fifteen 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 sever fifteen days' written notice to the Architect for the Owner's convenience and without cause. 9.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due Ide wd k 4. t*-s-an-*mi+u*t ........ Not used. 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this 22 of 27 Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 This Agreement shall be governed by the law ofthe place where the Project is located,except that if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007,General Conditions of the Contract for Construction as modified for the Project. 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement.Neither the Owner nor the Architect 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. 10.4 If the Owner requests the Architect to execute certificates,the proposed language ol'such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect 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 party against either the Owner or Architect. 10.6 Unless otherwise required in this Agreement,the Architect 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. .1 The term "hazardous materials or toxic substance" also includes, but is not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, alkaline, lead, irritants, contaminants,or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. .2 If hazardous materials or toxic substances are detected by Architect,its only obligation is to use its best efforts to disclose that information to the Owner. If Owner knows or discovers that hazardous materials or toxic substances are present at or near the Site, it must disclose that information to Architect. If the existence of such hazardous materials or toxic substances increases cost, effort, and/or amount time for Architect to complete its services under this Agreement, the Owner agrees to make an equitable adjustment in the Architect's fee and/or time for performance. .3 To fullest extent permitted by law,the Owner agrees to indemnify and hold harmless Architect, Architect's consultants, agents and employees of each of them for any liability arising out of or related to hazardous materials or toxic substances and/or pollutants at or near the Project site at any time before, during, or after the design and construction of the Project, including but not limited to the specification and use of any product, material,or process involved in the Project, except to the extent caused by Architect's sole negligence or willful misconduct. Owner acknowledges that the Architect has appropriately reduced its compensation as specific consideration for the indemnity contained herein. 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations. However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or 23 of 27 proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 10.8 If the Architect or Owner receives information specifically designated by the other party as"confidential" or"business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person (unless withholding such information would violate the law,create a significant risk of harm to the public or prevent the Owner or Architect from establishing a claim or defense in an adjudicatory proceeding)except to(1)its employees,(2)those who need to know the content of'such information in order to perform services or construction solely and exclusively for the Project,or(3)its consultants and contractors whose contracts include similar restrictions on the use of confidential information. 10.9 In the event the Owner issues a purchase order or other instrument related to the Architect's services, it is understood and agreed that such document is for Owner's internal purposes only and shall in no way modify, add to, or delete any of the terms and conditions of this Agreement. If requested,the Architect will reference the purchase order number on invoices. 10.10 Existing conditions: .1 The Owner acknowledges and understands that evaluation and design in connection with renovation, remodeling, rehabilitation or equipment installation requires that certain assumptions be made regarding existing conditions and, because some of these assumptions cannot be verified without the expenditure of significant sums or destroying otherwise adequate or serviceable portions of the building,services will be performed based upon limited investigations and on-site observations and no destructive testing nor invasive testing techniques will be employed. As such, Architect cannot be responsible for defects which are not observed or for which results are not predicted with limited observations. The Owner releases Architect from any claims, damages, losses and expenses arising out of Architect's failure to employ such testing or arising from latent or non-observed conditions or defects. .2 Minor Modifications of Contract Documents During Construction to be Anticipated: Due to the nature of remodeling, it is understood and agreed that it may be necessary to make revisions to the Construction Documents during the Construction of the Work for any changes that become apparent as work is uncovered during construction. Architect's sole responsibility and liability in connection with such changes shall be the prompt correction of the Construction Documents,which will be compensated as an Additional Service. 10.11 In connection with the services performed pursuant to this Agreement,Architect agrees to comply with applicable provisions of federal and state equal employment opportunity laws for individuals based on color,religion,sex,national origin,disabled veteran,recently separated veteran,other protected veteran and armed forces service medal status,disabilities under provisions of Executive Order 11246,and other employment statutes and regulations as stated in Title 41 Part 60 of the Code of Federal Regulations§60-1.4(a-f),§60-300.5(a-e),§60-741(a-e). ARTICLE 11 COMPENSATION 11.1 For the Architect's Basic Services in connection with New Construction described under Article 3 and in Exhibit A,the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.)As listed in Exhibit B ($ _..............), New Construction is defined as construction in connection with major additions and free standing buildings. Compensation for Additional Services and Reimbursable Expenses shall be in addition to such amount. 11.1.1 Compensation for Basic Services for Sub-projects will be determined once the scope and character of each Sub-project is firmly established. 24 of 27 (a)A Sub-project is a portion of the Project for which a set of Contract Documents,complete in itself,is prepared or issued separately for bidding or pricing. (b)The Cost of the Work for a series of Sub-projects, which constitute the Project, shall not be cumulative for purposes of determining compensation for Basic Services. The compensation for Basic Services for each Sub-project shall be based on the Cost of the Work for each such Sub-project. [If the Owner obtains the services of a Construction Manager and/or requests that the Project be divided into Sub-projects,the Architect will prepare Contract Documents for a maximum of three(3) Sub-projects and will define these three (3) Sub-projects as one individual project for the purpose of determining Architect's compensation for Basic Services. Sub-projects beyond the three(3) mentioned above shall constitute additional Sub-projects and Architect's compensation for Basic Services in connection with each additional Sub-project shall be based on the Cost of the Work for each additional Sub-project.] 11.2 For Additional Services designated in Section 4.1 or Exhibit A-B,the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) As described in Exhibit B($ ) 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.3 or in Exhibit A,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) As described in Exhibit B($ ) 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus fifteen percent(15%),or as otherwise stated below: 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase: twenty percent (20%) Design Development Phase: thirty five percent (35%) Construction Document Phase: twenty five percent (25%) Bidding or Negotiation Phase: included in Construction Phase Construction Phase: twenty percent (20%) Total Basic Compensation: one hundred percent(100%) The Owner acknowledges that with an accelerated Project delivery or multiple bid package process,the Architect may be providing its services in multiple Phases simultaneously.'Therefore,the Architect shall be permitted to invoice monthly in proportion to services pertormed in each Phase of Services, as appropriate. 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions,in accordance with the schedule set forth in Section 11.5 based on(1)the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction]'base is commenced. 11.7 The hourly billing rates for services of the Architect and the Architect's consultants,if any,are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below,) See Exhibit D Hourly Billing Rates. 25 of 27 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect'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 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,standard form documents; .5 Postage,handling and delivery; .6 I'xp+ rl��ira+ -1 &etla+ regula- t ' ' i � �, thetwn .7 Renderings,models,mock-ups,professional photography,and presentation materials requested by the Owner; .8 Architect's or its consultant's expense of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's or its consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses;and .11 Other similar Project-related expenditures. 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent(10%)of the expenses incurred. 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5,or the Architect terminates this Agreement under Section 9.3,the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing,using and maintaining the Project as follows: The Owner and Architect shall agree upon a mutually acceptable fee in writing. 11.10 PAYMENTS TO THE ARCHITECT 11.10.1 An initial payment of Zero dollars($ )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. 11.10.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect'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 Architect. (Insert rate of monthly or annual interest agreed upon.) Eighteen percent(18%)per annum. 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. 11.10.4 Records of Reimbursable Expenses,expenses pertaining to 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 26 of 27 12.1 Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. 13.1.1 Nothing contained in this Agreement shall create a contractual relationship with a third party or a cause of action in favor of a third party against either the Owner or Architect. 13.2 This Agreement is comprised of the following documents listed below: A AIA Document B 103TM-2007,Standard Form Agreement between Owner and Architect as modified .2 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed,or the following: .3 Other documents: (Last other documents, if any, including additional scopes of service forming part of the Agreement) Exhibit A Project Services Exhibit B Compensation Exhibit C Design Schedule Exhibit D Architect's Hourly Billing Rates Attachment 1 Owner provided Program of improvements Attachment 2 Site plan showing proposed project addition/improvements This Agreement entered into as of the day and year first written above. OWNER: ARCHITECT: (Signature) (Signature) Ted Kozlowski,Mayor Amy Williams,Vice President and Managing Principal _._._._. ._.�_........_ __ ------------ __ .........__.................._..... (Printed name and title) (Printed name and title) 27 of 27 PROJCT EXIT A To be used with AIA®DOCUMENT B103TM-2007 Modified Standard Form of Agreement Between Owner and Architect Standing Agreement PROJECT EXHIBIT made as of this 21'day of November in the year 2017. (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Name: City of Stillwater,MN Address: 216 4"street N City: Stillwater State: Minnesota 55082 Phone: (651)430-8800 Email: reectr@ci.stillwater.mn.us and the Architect: (Name, address and other information) Name: HDR Architecture,Inc. Address: 600 Hennepin Ave. Suite 260 City: Minneapolis State: Minnesota Phone: 612-524-6000 Email: don.rolf@hdrinc.com for the following Project: (Name, location, and detailed description) Name: St.Croix Valley Recreation Center; Phase A-Space Programming Study& Construction Cost Estimate.Phase B—Recreation Center Addition/Remodel&Field House Dome expansion and replacement Location: 1675 Market Drive Stillwater,MN 55082 Description: Recreation Center: (refer to attachements for additional description) 1. Approx. 11,000 sq.ft. New Construction(two levels). 2. Entrance and field house connection study 3. Interior cosmetic upgrades; Lighting,Door Hardware,Painting. Dome Field House: (refer to attachements for additional description) 1. Expand length from 96 yards to 110 yards(Regulation size field) 2. Replace field turf 3. New membrane cover Upon execution,this Project Exhibit shall be incorporated into and considered part of the Standing Agreement between the Owner and the Architect dated November 21,2017(the Agreement). 1 of 5 SCOPE OF SERVICES PHASE A(Space programming study and construction cost estimate); PART 1: Visioning,Site Assessment and Programming Task 1.1—Kick-Off Meeting This task entails hosting a project kick-off meeting.The purpose of this meeting will be to introduce the HDR team to the City of Stillwater, St. Croix Valley Recreation Center and other key stakeholders and to finalize the work effort and schedule for the project. Product: • One two(2)hour visioning session • Project goals and vision statement • Refined project schedule • Identification of key stakeholders and working committee • Outline the project process Client requirements: • Identify and invite client representatives and key stakeholders • Assist in identifying and scheduling user group meetings Meeting: • Kick-off/vision session with City of Stillwater and working committee Task 1.2—Site Assessment and Programming Our team will first understand the mission of the St. Croix Valley Recreation Center,the operational issues, schedule of activities,connection to the community,maintenance,and what tools/technology are needed. We then apply those lessons learned and create a program with the appropriate types and sizes of spaces to accommodate those activities. We will also work with you on site assessment to determine current and future growth expectations. Product: • Site assessment including parking,access,entrance location and event guest flow • Functional space program that responds to initial and anticipated future needs Client requirements: • Provide/collect all available data as identified • Any specific strategic plans • Assist in identifying and scheduling user group meetings(if required) Meetings: • Coordinate user group/key stakeholder meetings as required to complete programming responsibilities • Approval to move to the next task PART 2: Building Concept Development Task 2.1—Design Workshop The HDR team will conduct a design workshop with the working committee.This meeting will be an intensive, collaborative exercise in which our team of experts will work together to address the planning 2 of 5 and design issues associated with the St. Croix Valley Recreation Center.The HDR team will develop(2- 3)conceptual design directions to be refined through stakeholder participation and approval. Product: • Internal design workshop • (2-3)conceptual design options Client requirements: • Attend/participate in the workshop • Availability of client contact for questions,clarifications as needed Meeting: • Present initial ideas • Workshop with the working committee to define single direction for the project to evolve from Task 2.2—Design Refinement Preliminary Draft Taking the materials generated during the Design Workshop,the HDR team will refine these into a draft concept design for the St. Croix Valley Recreation Center.This draft document will be presented to the working committee for review. Product: • Draft site plan,floor plans,building sections and basic renderings Client requirement: • Provide feedback on the preliminary site plan and conceptual design Meetings: • Schematic Design 1.0 review meeting • Approval to move to the next task Task 2.3—Estimate of Probable Cost The HDR team will prepare a Conceptual Design package to be sent to a professional cost estimator or general contractor for an estimate of probable cost for the project. HDR would suggest Building Cost Consultants,LLC or a General Contractor familiar with the local market. Product: • Conceptual estimate of probable cost Client requirements: • Availability of client contact for questions,clarifications as needed Meeting: • Meeting to review the conceptual cost estimate Task 2.4—Recommendations and Documentation The HDR team will prepare a Conceptual Design package for the St.Croix Valley Recreation Center project.This package will be an illustrated document and will be accompanied by an electronic copy of the same materials.The HDR team will present the final package to the City of Stillwater, St. Croix Valley Recreation Center and key stakeholders for approval. Product/Deliverables: • Project narrative • Site plan with proposed improvements • Architectural floor plans,elevations and sections • Interior and exterior building perspectives • MEP and structural engineering systems narratives 3 of 5 • Conceptual cost estimate • Five(5)bound copies of final document and electronic copy • Final presentations for approval Client requirement: • Schedule and identify key stakeholders to attend the final presentation Meetings: •, Conceptual Design approval presentation PHASE A.1; (Additional services option)Create built conditions floor plans (CAD or REVIT format) of the recreational center and fieldhouse. PHASE B; (Architectural/Engineering design,construction docoumentation,construction administration) 1. Scope of Services: • Providing overall leadership to and having full responsibility for the entire Design Team. • Providing Architectural and Engineering Design Services,to include review of the existing Building Systems within the project scope. • Providing support for the Owner's Equipment Budgeting and Planning Services, and incorporating this Planning into the Design. FFE(Fixtures, Furniture and Equipment)by owner. • Providing support for the Owner's IT/Telecomm Budgeting and Planning Services, and incorporating this Planning into the Design. • Confirmation of the CM/GC Construction Estimates. • Securing approvals from all authorities having jurisdiction including,but not limited to the State,County,City,and Federal agencies. • Defining the scope of existing and planned utility company services and defining the scope of utility company service modifications necessary to support the project design. • Incorporating into the Design the supplemental GeoTechnical and Survey information (including reference to subsurface boring locations)to be provided by the Owner. • Incorporating into the Design the requirements of the Owner's HVAC Minimum Design Standards. • Providing Schematic Design Documents. • Providing Design Development Documents. • Providing 100%Construction Documents. • Attending and documenting all Owner Plan Review and User Group Meetings during the Design,Preconstruction,and Post-Construction Phases. • Performing and Documenting Quality Control Final Inspections. • Providing leadership and coordinating the activities of all members of the project team for Design Process. • Providing recommendations to achieve project objectives. • Initiating and conducting ongoing project coordination meetings during the design phase and attending construction phase's meetings. • Attending or calling into construction meetings and other occasional meetings which may be necessary from time to time as part of the overall project. • Providing regular reports to the Owner summarizing current project status with regard to time, cost and quality. 4 of 5 2. Site plan,core and shell, interior build-out: a) HDR Architecture,Inc.has been commissioned to coordinate and implement the required Civil, Landscape, Architectural, Structural, Mechanical, Electrical and Interior Design associated with planning,design,construction documents and construction administration services for the project described above. 3. Construction Documents: a) Upon receiving Schematic Design Phase owner sign-off,the Design Development Phase and Construction Document Phase will be developed into a complete set of architectural, Engineering and interior design documents. 4. Construction Administration: b) The HDR Design team will assist in reviewing and managing submittals, RFI's and essential components to this phase. c) Perform punchlist at the end of each project phase prior to owner occupy. d) Estimated Site visit allowance for One individual for a total of 16 site visits(8 month build x 2 per Month) This Project Exhibit is entered into as of the day and year first written above. OWNER: ARCHITECT: (or Architects representative) (Signature) (Signature) Ted Kozlowski Amy Williams Mayor Vice President and Managing Principal Cit of Stillwater,MN �........................ (Printed name and title) (Printed name and title) 5 of 5 PROJECT EXHIBIT B To be used with AIAO DOCUMENT B103TM-2007 Modified Standard Form of Agreement Between Owner and Architect Standing Agreement PROJECT EXHIBIT made as of this 21 th day of November in the year 2017. (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Name: City of Stillwater,MN Address: 216 4"street N City: Stillwater State: Minnesota 55082 Phone: (651)430-8800 Email: reectr@ci.stillwater.mn.us and the Architect: (Name, address and other information) Name: HDR Architecture,Inc. Address: 600 Hennepin Ave.Suite 260 City: Minneapolis State: Minnesota Phone: 612-524-6000 Email: don.rolf@hdrinc.com for the following Project: (Name, location, and detailed description) Name: St.Croix Valley Recreation Center; Phase A-Space Programming Study& Construction Cost Estimate. Phase B—Recreation Center Addition/Remodel& Field House Dome expansion and replacement Location: 1675 Market Drive Stillwater,MN 55082 Description: Recreation Center: (refer to attachments for additional description) 1. Approx. 11,000 sq.ft. New Construction(two levels) 2. Entrance and field house connection study 3. Interior cosmetic upgrades; Lighting,Door Hardware,Painting. Dome Field House(Design by others): (refer to attachments for additional description) 1. Expand length from 96 yards to 110 yards(Regulation size field) 2. Replace field turf 3. New membrane cover Upon execution,this Project Exhibit shall be incorporated into and considered part of the Standing Agreement between the Owner and the Architect dated November 21,2017(the Agreement). 1 of 3 COMPENSATION PHASE A(Space programming study and construction cost estimate); $19,500.00-Architectural feasibility and space programming analysis $2,700.00-Mech/Elec/Structural narratives to assist with preliminary cost estimate $3,000.00 -General Contractor cost estimate services Reimbursable expense to be invoiced as they occur; Estimates at$600 for mileage,meals and printing costs. PHASE A.1 (Built conditions floor plans) Site verification/field measurements Create recreation center building and field-house floor plans(to include areas not included in this project scope of work) $6,500.00 Reimbursable expense to be invoiced as they occur; Estimates at$200 for mileage and printing costs. PHASE B Provide Civil, Structural,Architectural, Interiors,Mechanical and Electrical design services, construction documents for building permits and construction bidding,construction administration for the project scope identified in Exhibit A. 7%of the cost of work: « The Recreation Center Additions and upgrades as determined at the end of PHASE A. (Preliminary owner budget;$1.5mil to$2mil) w Site work(sidewalks/drive lanes design-engineering)related to the Field House Dome expansion as determined at the end of PHASE A. a Construction Administration/Coordination efforts related to the Field House Dome expansion/upgrades will be determined at the end of PHASE A. At this time, the Field House Dome expansion/upgrades will be designed, engineered, and managed during construction by a Fabric Structure supplier and installer. (Preliminary owner budget for the Field House Dome expansion/upgrades; $2mil) FUTURE ADDITIONAL SERVICES FEE FOR BASE PROJECT Major Scope Changes a. Design fee of 7%of the estimated construction cost for significant additions. Minor Scope Changes a. Fees will be based upon the hourly rates as shown in this contract and negotiated with the owner's representative prior to the work. b. HDR will work with the owner's representative to determine which minor scope changes are not considered additional services. 2 of 3 This Project Exhibit is entered into as of the day and year first written above. OWNER: ARCHITECT: (or Architects representative) (Signature) (Signature) Ted Kozlowski Amy Williams Mayor Vice President and Managing Principal City of Stillwater,MN Printed name and title (Printedmmmmmmmmmmmm mmmmm ( ) a name and title) 3 of 3 PROJECT EXHIBIT C To be used with AIA@ DOCUMENT B103TM-2007 Modified Standard Form of Agreement Between Owner and Architect Standing Agreement PROJECT EXHIBIT made as of this 211 day of November in the year 2017. (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Name: City of Stillwater,MN Address: 216 4"'street N City: Stillwater State: Minnesota 55082 Phone: (651)430-8800 Email: recctr@ci.stillwater.mmus and the Architect: (Name, address and other information) Name: HDR Architecture,Inc. Address: 600 Hennepin Ave. Suite 260 City: Minneapolis State: Minnesota Phone: 612-524-6000 Email: don.rolf@hdrinc.com for the following Project: (Name, location, and detailed description) Name: St.Croix Valley Recreation Center; Phase A-Space Programming Study& Construction Cost Estimate. Phase B—Recreation Center Addition/Remodel&Field House Dome expansion and replacement Location: 1675 Market Drive Stillwater,MN 55082 Description: Recreation Center: (refer to attachments for additional description) 1. Approx. 11,000 sq.ft.New Construction(two levels) 2. Entrance and field house connection study 3. Interior cosmetic upgrades; Lighting,Door Hardware,Painting. Dome Field House: (refer to attachments for additional description) 1. Expand length from 96 yards to 110 yards(Regulation size field) 2. Replace field turf 3. New membrane cover Upon execution,this Project Exhibit shall be incorporated into and considered part of the Standing Agreement between the Owner and the Architect dated November 21,2017(the Agreement). 1 of 2 DESIGN SCHEDULE TARGET DATES(To be determined) 1. Programming and Planning, Building Concept Development for team review and contractor pricing—(6 weeks) ISSUE DOCUMENTS—January,2018 2. Final Owner review Documents- ISSUE DOCUMENTS—February,2018 3. Bid Package — Site,Utilities,Landscape,Building Core and Shell,Interior Build-out Construction Documents and Specifications ISSUE DOCUMENTS—April,2018 4. Estimated Construction Time line: a) Recreation Center Start:May,2018/Substantial Completion: December,2018 b) Fieldhouse Dome and turf. Spring 2019/Substantial Completion: TBD This Project Exhibit is entered into as of the day and year first written above. OWNER: ARCHITECT: (or Architects representative) (Signature) (Signature) Ted Kozlowski Amy Williams Mayor Vice President and Managing Principal Cit of Stillwater,MN (Printed name and title) (Printed name and title) 2 of 2 FN Exhibit D Schedule of Labor Rates Principal: $266.00 Senior Project Manager: $212.00 Project Manager: $169.00 Project Design Professional (Mechanical Engineer)- $180.00 Design Professional (Mechanical CAD Technician): $130.00 Senior Project Design Professional (Structural Engineer): $205.00 Project Design Professional (Structural Engineer): $144.00 Design Professional (Structural CAD Technician): $96.00 Senior Project Design Professional (Electrical Engineer). $203.00 Project Design Professional (Electrical Engineer): $160.00 Design Professional (Electrical CAD Technician): $104.00 Senior Project Designer: $278.00 Project Designer: $150.00 Designer: $130.00 Senior Project Interior Designer: $170.00 Project Interior Designer: $125.00 Interior Designer: $100.00 Senior Project Landscape Architect: $170.00 Project Landscape Architect: $145.00 Landscape Architect: $110.00 Senior Specification Services: $120.00 Specification Services: $90.00 Senior Project Architect: $194.00 Project Architect: $135.00 Senior Project Coordinator: $132.00 Project Coordinator: $100.00 Senior Construction Administration: $160.00 Construction Administration: $125.00 FYZ Senior Technician (Architectural): $100.00 Technician (Architectural): $85.00 Design Professional Support (Shop Drawings Clerk): $85.00 Administrative Assistant: $80.00 Project Manager Assistant: $100.00 ATTACHEMENT 1 Stillwater t® Croix Valley Recreation Center Introduction A. Doug Brady B. Bryan Karnuth C. Time line of Project Main Point Interest A. Remodel 1. Change figliting Out to Led 2. Replace all current Doors and Hardware 3. Paint Building B. Addition 1. Two Locker Rooms 2. Office 3. Break Room 4. IT Roorn 5, Conference Room 6. Conference Rm for 6ppl 7, Trainers Area with Tubs 8. Showers 9. Shooting Area 10. Shop and Storage 11, Memorabilia Location 12. Video Room C. Dome Structure 1. Extend Field House to a Regulation Size Field 2. Replace Field turf 3. Change Lighting 4. Replace Inflation and Heating Units 5. Replace Membrane Cover 6, Add Storage Area 7, Changing Area 8. Entrance Changes Questions. ,rhank You all for Attending Stillwater St.Croix Valley Recreation Center Page 2 of 2 ALT WEST ORLEANS AVE. arr' 4 W.U.W.U.W.U.IGE aNt..w., --.. .. II�6 ExT _rRE�s T6 BE RELOCATED ON � ITE "AREA BE SODDED 12' TYP. SOD BOULEVARD CRUSHED LIMESTONE ROCK MULCH � 1 e (3" SV a OEPiH)MAINTENANCE STRIP SEED ALL DISTURBED AREAS . ! a M -- 1 a lln� ""(4,r a:p ICE EAR97'-Q.NA r [4KtNa l oII M DATUM 928.0� DATUM r n 93a,a� NEW SUPPORT SPACES11 ENTRANCE AND f AREA TO BE SC CO � ..�A"' � To 6E SEEDED � .Au, a AREA m N d D _ ,.w , w. U FIELD HOUSE 1 F.F.E. 103—8' DATUM 934.5 I pcACI all CDV"wNUM�CC7"1.' f2 ay - - PARKING �ay��Ip gpttggq "'� III m�ww _ '4v h ),Iw. SLE I'NL DRW'3. ,. r IY aW IM� Aa 4Y U�MItl W NEW�p�„ pw mp pg yq l�Mr �µm� W�Ate.,. 6�II IY � WV INS,' & t yy4 b I I "ry., fif 1 ^ M. SOD ALL ISLANDS BITUMINOUS DRIVE FROM PARKING LOT f � Rus PARKIN( � —' AND AROUND FIELDHOUSE SEE C2 AREA TO BE SODDED (3') �r AREA TO BE SODDED (12' 3M"V".)' SEED BETWEEN BITUMINOUS PATH AND WALL I I I I SEED ALL. DISTURBED AREAS ' .a I I UI al 1 V1 61 rc R I I I a 6 EXTG TREES TO REMAIN AND BE PROTECTED SEE SHT Cl AND DETAIL 6/1.1 , I a 1 -_._ _ -._. __ ST. CROI RECREATION --- -- CENTER f4c4114 STILLWATER, IVIN CURVE CREST BLVD RESOLUTION 2017-234 ADOPTING DELINQUENT GARBAGE BILL CHARGES PROJECT NO. 0002 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent garbage bill charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent garbage bill charges and is hereby levied as an assessment against those parcels and the total is $76,238.94. Adopted by the Stillwater City Council this 215 day of November, 2017 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk City of Stillwater 2017 Certification of Deliquent Garbage (Waste Management) For Collection with the 2018 Property Taxes Waste Management Project#0002 - 1 Year- 10% Interest Property ID Certification Amount Property ID Certification Amount 19.030.20.12.0034 116.27 29.030.20.24.0051 99.19 19.030.20.12.0053 85.78 29.030.20.24.0053 359.68 19.030.20.13.0017 315.06 29.030.20.31.0052 278.04 19.030.20.14.0018 83.35 29.030.20.32.0010 234.48 19.030.20.21.0014 106.98 29.030.20.32.0044 185.74 19.030.20.21.0022 89.84 29.030.20.32.0052 175.39 19.030.20.22.0011 406.66 29.030.20.32.0073 255.73 19.030.20.24.0017 268.91 29.030.20.33.0010 368.28 19.030.20.34.0032 408.84 29.030.20.33.0048 172.70 19.030.20.34.0052 200.19 29.030.20.33.0061 338.83 19.030.20.34.0065 73.83 29.030.20.34.0020 313.33 20.030.20.14.0007 336.71 29.030.20.34.0057 226.13 20.030.20.21.0015 374.82 29.030.20.34.0084 305.59 20.030.20.21.0020 298.89 29.030.20.34.0085 365.76 20.030.20.21.0050 333.46 29.030.20.34.0105 228.46 20.030.20.22.0003 65.84 29.030.20.41.0029 57.97 20.030.20.23.0009 209.66 29.030.20.41.0055 368.46 20.030.20.24.0009 371.70 29.030.20.41.0092 372.36 20.030.20.33.0070 295.71 29.030.20.41.0093 263.68 20.030.20.33.0071 229.44 29.030.20.41.0105 315.06 20.030.20.34.0025 104.84 29.030.20.41.0116 331.55 20.030.20.41.0011 85.78 29.030.20.42.0011 354.67 20.030.20.43.0055 75.76 29.030.20.42.0025 397.93 20.030.20.44.0053 338.83 29.030.20.43.0005 328.79 21.030.20.13.0041 263.98 29.030.20.43.0016 325.7 21.030.20.13.0053 259.76 29.030.20.43.0020 305.53 21.030.20.13.0056 153.13 29.030.20.43.0030 395.56 21.030.20.13.0062 177.92 29.030.20.43.0041 305.24 21.030.20.13.0064 299.51 29.030.20.43.0075 301.42 21.030.20.13.0089 302.73 29.030.20.44.0014 114.48 21.030.20.14.0014 64.81 29.030.20.44.0020 309.91 21.030.20.14.0034 174.81 29.030.20.44.0024 330.45 21.030.20.24.0028 272.34 29.030.20.44.0054 366.78 21.030.20.33.0012 299.42 29.030.20.44.0114 373.79 21.030.20.33.0043 312.07 29.030.20.44.0116 85.78 21.030.20.33.0061 151.52 29.030.20.44.0118 368.16 21.030.20.33.0118 114.56 29.030.20.44.0120 248.06 21.030.20.34.0018 324.52 29.030.20.44.0128 101.56 21.030.20.34.0027 399.29 30.030.20.31.0013 269.32 21.030.20.34.0076 331.30 30.030.20.33.0032 321.82 21.030.20.34.0141 343.99 30.030.20.33.0055 387.96 21.030.20.34.0146 324.89 30.030.20.34.0032 342.6 21.030.20.34.0158 433.1 30.030.20.41.0006 176.56 21.030.20.42.0003 59.81 30.030.20.41.0022 371.22 21.030.20.43.0017 406.82 30.030.20.41.0036 322.94 21.030.20.43.0031 268.91 30.030.20.42.0007 176.56 City of Stillwater 2017 Certification of Deliquent Garbage (Waste Management) For Collection with the 2018 Property Taxes Waste Management Project#0002 - 1 Year- 10% Interest Property ID Certification Amount Property ID Certification Amount 21.030.20.43.0052 358.25 30.030.20.44.0045 311.05 21.030.20.43.0072 59.94 30.030.20.44.0046 427.78 28.030.20.12.0006 154.08 30.030.20.44.0051 81.42 28.030.20.12.0026 305.71 31.030.20.11.0050 257.72 28.030.20.12.0029 260.64 31.030.20.11.0085 361.42 28.030.20.12.0048 226.20 31.030.20.11.0090 365.52 28.030.20.12.0063 417.12 31.030.20.11.0098 305.59 28.030.20.12.0078 446.54 31.030.20.12.0007 263.98 28.030.20.12.0115 390.60 31.030.20.13.0045 274.71 28.030.20.13.0061 85.78 31.030.20.14.0068 380.22 28.030.20.13.0076 226.13 31.030.20.24.0042 296.19 28.030.20.13.0083 336.37 31.030.20.24.0045 420.28 28.030.20.13.0139 338.16 31.030.20.31.0021 291.30 28.030.20.21.0023 309.23 31.030.20.31.0045 72.53 28.030.20.21.0066 251.48 31.030.20.31.0078 333.14 28.030.20.21.0088 134.52 31.030.20.31.0092 310.03 28.030.20.21.0091 645.5 32.030.20.12.0048 151.25 28.030.20.21.0093 275.05 32.030.20.12.0070 365.64 28.030.20.21.0103 418.38 32.030.20.13.0029 454.28 28.030.20.21.0107 257.86 32.030.20.13.0032 397.81 28.030.20.21.0112 302.79 32.030.20.13.0033 188.1 28.030.20.21.0113 322.04 32.030.20.13.0036 232.3 28.030.20.21.0117 315.06 32.030.20.13.0065 403.28 28.030.20.21.0127 97.78 32.030.20.13.0073 200.10 28.030.20.22.0035 136.76 32.030.20.13.0087 354.36 28.030.20.22.0043 391.32 32.030.20.13.0097 306.07 28.030.20.22.0058 367.32 32.030.20.14.0008 281.23 28.030.20.22.0075 298.20 32.030.20.14.0079 141.24 28.030.20.22.0088 311.41 32.030.20.14.0080 93.98 28.030.20.22.0092 307.93 32.030.20.21.0043 274.21 28.030.20.23.0015 263.74 32.030.20.21.0083 211.52 28.030.20.23.0045 337.18 32.030.20.21.0091 299.69 28.030.20.23.0047 284.20 32.030.20.21.0093 254.55 28.030.20.23.0070 91.06 32.030.20.21.0094 141.85 28.030.20.23.0108 357.1 32.030.20.22.0012 368.62 28.030.20.23.0113 313.33 32.030.20.22.0046 263.51 28.030.20.23.0136 387.72 32.030.20.22.0059 386.46 28.030.20.23.0140 318.37 32.030.20.22.0107 365.64 28.030.20.23.0142 283.86 32.030.20.23.0036 383.94 28.030.20.24.0026 80.94 32.030.20.23.0042 146.52 28.030.20.24.0047 324.23 32.030.20.23.0055 424.57 28.030.20.24.0075 288.80 32.030.20.24.0023 329.42 28.030.20.24.0111 73.83 32.030.20.24.0050 59.81 28.030.20.31.0021 100.87 32.030.20.32.0057 91.74 28.030.20.31.0023 309.49 33.030.20.11.0013 392.00 28.030.20.31.0031 78.26 33.030.20.11.0044 363.72 City of Stillwater 2017 Certification of Deliquent Garbage (Waste Management) For Collection with the 2018 Property Taxes Waste Management Project#0002 - 1 Year- 10% Interest Property ID Certification Amount Property ID Certification Amount 28.030.20.31.0034 86.47 33.030.20.11.0048 305.71 28.030.20.31.0042 332.59 33.030.20.11.0085 307.81 28.030.20.31.0049 254.43 33.030.20.11.0095 151.52 28.030.20.31.0088 1024.59 33.030.20.11.0104 343.96 28.030.20.31.0132 319.86 33.030.20.11.0111 309.79 28.030.20.32.0006 322.36 33.030.20.11.0136 254.25 28.030.20.32.0031 273.08 33.030.20.12.0017 310.27 28.030.20.32.0058 377.89 33.030.20.12.0019 384.00 28.030.20.32.0067 295.58 33.030.20.12.0035 202.95 28.030.20.32.0070 67.09 33.030.20.12.0039 299.57 28.030.20.32.0075 367.38 33.030.20.12.0041 751.41 28.030.20.32.0085 83.10 33.030.20.12.0051 309.85 28.030.20.32.0099 305.59 33.030.20.12.0067 142.84 28.030.20.32.0129 148.88 33.030.20.12.0086 310.38 28.030.20.33.0027 365.4 33.030.20.12.0091 305.29 28.030.20.33.0074 305.59 33.030.20.12.0156 377.91 28.030.20.33.0083 331.46 33.030.20.13.0021 126.61 28.030.20.33.0100 307.51 33.030.20.13.0035 111.51 28.030.20.33.0109 151.8 33.030.20.13.0045 423.54 28.030.20.33.0114 381.82 33.030.20.13.0061 305.35 28.030.20.34.0004 268.44 33.030.20.13.0074 146.52 28.030.20.34.0007 305.59 33.030.20.14.0025 435.87 28.030.20.34.0043 349.67 33.030.20.14.0051 407.29 28.030.20.34.0058 90.78 33.030.20.14.0067 111.01 28.030.20.34.0082 324.41 33.030.20.14.0071 405.76 28.030.20.34.0110 375.75 33.030.20.14.0118 347.26 28.030.20.41.0109 309.37 33.030.20.14.0120 70.76 28.030.20.42.0070 317.37 33.030.20.14.0122 79.95 28.030.20.42.0116 398.77 33.030.20.14.0128 196.93 28.030.20.42.0118 277.44 33.030.20.14.0132 426.03 28.030.20.42.0127 505.12 33.030.20.21.0041 359.08 28.030.20.42.0133 315.06 33.030.20.21.0116 313.33 28.030.20.42.0147 387.69 33.030.20.21.0121 80.27 28.030.20.42.0165 141.52 33.030.20.21.0130 311.05 28.030.20.43.0059 338.47 33.030.20.24.0027 365.82 28.030.20.44.0021 176.87 33.030.20.31.0019 75.76 28.030.20.44.0071 170.36 33.030.20.31.0026 273.03 29.030.20.12.0035 379.34 33.030.20.31.0079 309.57 29.030.20.14.0032 305.29 33.030.20.32.0009 108.38 29.030.20.14.0049 69.97 33.030.20.32.0023 272.13 29.030.20.14.0066 269.61 33.030.20.32.0030 690.01 29.030.20.21.0061 365.82 34.030.20.22.0008 146.52 29.030.20.22.0005 157.49 34.030.20.22.0076 364.14 29.030.20.24.0011 312.67 34.030.20.23.0090 308.29 29.030.20.24.0050 450.94 34.030.20.23.0094 396.42 Total $76,238.94 RESOLUTION 2017-235 APPROVAL OF THE LETTER OF UNDERSTANDING FOR IMPOUND HOUSING SERVICES FOR 2018 BE IT RESOLVED,by the City Council of Stillwater, MN that Letter of Understanding between Animal Humane Society and the City of Stillwater for Impound Housing Services for 2018, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED,that the Stillwater City Council authorizes the Mayor to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 21St day of November, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk FEI]D 2017 November 15,2017 ... .... City of Stillwater 214 N 4th Street Stillwater, MN 55082 Dear Municipal Administrator, As you know,Animal Humane Society partners with local cities to improve the lives and welfare of animals as well as the impact they have on people in our community.We look forward to continuing our partnership with you in 2018. We are streamlining our billing process to better serve all cities. To make this process consistent with all municipalities and sustainable, we will no longer be able to levy fines on behalf of the city as we have been doing for a handful of cities. We will provide information so those cities can follow up with the individuals who reclaim their animals. Two copies of your 2018 contract are enclosed.We anticipate no other changes that will impact our municipal contracts,so the language in the new agreement is consistent with the one you signed for 2017 with the exception of our billing updates. Our admin holding fee will stay at$10 for those animals that are reclaimed and other fees will increase a standard 3%,going to$146 per cats or dog and $44 for other domestic animals. If you have any questions, please feel free to contact me at the email or phone number below.We have simplified the process this year by already signing our part of the contract. Please sign both copies of the contract and return one of them to the Woodbury address below. We appreciate your partnership as we seek to serve both the people and animals of our communities. Sincerely, Graham Brayshaw, DVM Director of Animal Services,Animal Humane Society gbrayshaw@animalhumanesociety.or� (763)489-2224 Animal Humane Society, Woodbury c/o Dawn Mathews-Wilhelmy,Site Manager 9785 Hudson Rd Woodbury, MN 55125 Animal Humane Society and City of Stillwater,MN Letter of Understanding for Impound Housing Services 2018 1. Animal Humane Society(AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer(CSO) or animal control officer(ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. c. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. d. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. g. Hold animal for the legally required stray holding period: 5 days in MN, 4 Days in WI if a live release, 7 days in WI if euthanized or until reclaimed by owner within this holding period. h. AHS will follow internal policy and best practice for unclaimed animals. The City of Stillwater may request and view AHS policies at any time. 2. AHS expectations: a. AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. 1 c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. d. AHS is not responsible for collecting any fees from an owner for a municipality. 3. The City of Stillwater agrees to: a. Adhere to the drop off procedure set forth by AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. c. Pay the designated fees for each animal cared for from your municipality. AHS will charge a standard stray holding fee of$146 per canine or feline and a$44 fee per "other"domestic animals (rabbits, guinea pigs,birds etc.) not reclaimed by its owner. AHS will charge a$10 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the stray holding fee. In these instances AHS will charge the owner reclaim fees. Fees for animals seized by the municipality(such as rabies quarantine)may vary due to the differing nature of their holding periods and services required. f. Adhere to AHS policy and best practice for unclaimed animals. The City of Stillwater may request and view AHS policies at any time. g. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after hours drop off. h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. i. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures,policies and requirements. j. Release AHS from all liability of claims resulting from or related to providing impound housing services. The City of Stillwater accepts responsibility for the CSO/ACO while in the course of impounding animals at AHS. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 10 days of receipt of billing. 2 This agreement is based on a one year commitment, which is renewed annually from the date your administrator signs the agreement below. The agreement can be ended at anytime by either party with a 30 day notice. This , -cement is entered into onthe_day of 2018 by nelle on, President & CEO Signed on behalf of Municipal Authority Aninia H mane Society Printed Name and Title 3 Fm' EIDE MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders,Director of Public Works DATE: November 17, 2017 RE: Feasibility Study for 2018 Street Improvement Project(Project No. 2018-02) DISCUSSION Engineering staff would like to proceed with the 2018 Street Improvement Project. Authorization of a feasibility study is the first step in the process. Street, utilities, drainage, and sidewalks improvements will be looked at part of the study. The following streets will be considered for the 2018 Street Improvement Project: Street Segment (Reconstruction) Street (Mill and Overlay) Pine Tree Trail (South of Pine St) W. Mulberry St. (N. Owens St. to S. Everett St) Lake Drive N. William Street(W. Myrtle St. to W. Mulberry St.) S. Brick St(W. Pine St. to W. Willard St.) N. Sherburne St. (W. Myrtle St. to W. Linden St.) W. Willard St(S. Brick St to S. Seeley St.) Green Twig Way S. Seeley St. (W Pine to W. Willard St.) Kallie Court Interlachen Way Curve Crest Blvd(Washington Ave to S. Greeley St) Interlachen Way Court Industrial Boulevard Bayberry Avenue Court Victoria Court Bayberry Ave(Interlachen to Maryknoll Dr) S. Sixth St. (W. Pine St. to W. Olive St) S. Broadway Street W. Pine St(S. Greeley to S. Seeley St.) Sixth Ave. S (E. Willard to E. Churchill) S. Second Street( E. Myrtle to Nelson) E. Walnut St(S. Second St to S Broadway St) Olive Street(S. Third St. to S. Main Street) E. Locust St(S. Second St to S Broadway St) Nelson Street. (S. Second Street to S. Main) E. Willard Street(S. First St. to S. Broadway St) Nelson Alley Commercial Ave. Union Alley (E. Myrtle St. to Commercial Ave.) In all there are 1.7 miles proposed of street reconstruction and 3.8 miles of mill and overlay proposed for a total of 5.5 miles street improvements . The budgeted amount for the 2017 Street Improvement Project is $2.2M. RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for the streets listed above for the 2018 Street Improvement Project. ACTIONREOUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2017-_, RESOLUTION ORDERING PREPARATION OF REPORT FOR 2018 STREET IMPROVEMENTS (Project 2018-02). 2018 STREET IMPROVEMENT PROJECT FEASIBILITY STUDY AREA • te LEGEND PROPOSED THE 1IIITHFLACE 1F MINNE$NTN IMPROVEMENTS REEN TB Y ALLIE C . C wim 2 D ST. —• C WIMERCIAL ST. .., ,,. LSON ST. to ELSON ALLEY LIVE ST. MU E NION ALLEY ILLI S w" Mom I� . . _ .... J YBE Y AVE.�8 A1CI~ [aPINE T; mml m ER C EN W Y SHERB ER CHEM AY LEST. Nuw m r P E S `1: . .. .1.. _.. 'RI RST. _ ._ . LA If AY S 6 B 0 W L f1T ST;- --w RI ST. RVE CREST BL D. �� � _.d...... ....._._... RLEAN—ST 0000 . VICTO IA_CST. _..._.... _._. ... .... . mmmGa IN VSTRIAL BLVD* L D. ......� ...�„ m HWY . _ STATE 6 RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2018 STREET IMPROVEMENT PROJECT PROJECT 2018-02 BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 21 st day of November 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk flllwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING November 21, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the November 7, 2017 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VL OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10. Resolution 2017-224, directing payment of bills 11. Resolution 2017-225, approving address change of Tobacco License for Northgate, Inc., DBA: Still Tobacco 12. Resolution 2017-226, approving issuance of a new On -sale and Sunday Liquor Licenses to Oasis Cafe, Inc., DBA Oasis Cafe 13. Resolution 2017-227, approving issuance of a new On -sale, Sunday and 2 am Liquor Licenses to Brick & Bourbon Stillwater, LLC, DBA Brick & Bourbon 14. Resolution 2017-228, approving renewals of On -Sale, Off -Sale, Club, Wine, Wine With Strong Beer, Sunday On -Sale, On -Sale 3.2%, Off -Sale 3.2%, Micro Brewer Off -Sale, Micro Brewer Tap Room, Micro Brewer Tap Room Sunday Liquor Licenses and Tobacco Licenses for 2018 15. Resolution 2017-229, approving agreement for architectural & engineering services for St. Croix Valley Recreation Center improvements 16. Possible approval to purchase hardware/software upgrade for SCADA system 17. Resolution 2017-230, adopting delinquent sewer charges Project No. 0001 18. Resolution 2017-231, resolution adopting deferred assessments for 2017 Street Improvement Project (Project 2017-02, L.I. 413) 19. Resolution 2017-232, approval of contract for an organizational review project with George; Purpose, People, Performance Ltd. 20. Resolution 2017-233, approval of agreement of assessment and wativer of irregularity and appeal and adopting assessment for 514 St. Croix Avenue (Parcel No. 21.03020.34.0157) L.I. 416 21. Resolution 2017-234, adopting delinquent garbage bill charges Project No. 0002 (available Tuesday) 22. Resolution 2017-235, approval of Ecumen Pilot Agreement (available Tuesday) IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. No Public Hearings. X. UNFINISHED BUSINESS 23. Discussion on Zoning Text Amendment, to allow a cigar shop and sampling room in the Central Business District ( Public hearing closed 11-7 meeting, Council discussion tabled to 11-21 meeting Ordinance - 1St Reading - Roll Call) XI. NEW BUSINESS 24. Possible approval of construction staging area plan for the Lift Bridge Conversion Project 25. Possible approval to prepare feasibility report for 2018 Street Improvement Project (Project 2018-02) (Resolution - Roll Call) 26. Possible approval of Capital Improvement Plan (CIP) (Resolution - Roll Call) (available Tuesday) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 27. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT TO CLOSED SESSION FOR TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE PURSUANT TO MN STAT. SEC. 13D.05 (121 CHESTNUT E) Stt 1 Iwater The Birthplace sof Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES November 7, 2017 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:35 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Engineering Administrative Assistant Wolf OTHER BUSINESS Washington County - Upcoming Browns Creek Trail connection and 5 -year County CIP Update Wayne Sandberg, Washington County Deputy Public Works Director, introduced himself and Washington County Commissioner Gary Kriesel. Mr. Sandberg explained Washington County's 5 -year Capital Improvement Plan 2018-2022, which includes $300 million of investment in infrastructure. He stated that the public hearing is scheduled for December 12. Possible approval of proposal for Architectural Services for St. Croix Valley Recreation Center Doug Brady, Facility Manager for the St. Croix Valley Recreation Center, requested preliminary approval to negotiate a contract with the architectural firm selected by the review committee for the remodeling and expansion project. He reviewed the RFP and selection process and informed the Council that a resolution and contract will be brought to the Council for final approval on November 21, 2017. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to authorize staff to negotiate a draft contract with HDR, Inc. for the St. Croix Valley Recreation Center remodeling and expansion project. All in favor. STAFF REPORTS Police Chief Gannaway informed the Council that the new Police Department lobby is open and there will be an open house Monday, November 20. Fire Chief Glaser stated the Department received the new fire engine last week. Community Development Director Turnblad told the Council the comment period for the draft Downtown Plan has closed and the final plan will be ready for adoption shortly. City Council Meeting November 7, 2017 City Attorney Magnuson stated that tomorrow there will be a closing on the parcel for the parking lot related to The Crosby Hotel, which will net $82,800 for the City. City Administrator McCarty reminded the Council of the November 29 regional meeting of the League of Minnesota Cities and Metro Cities. Mayor Kozlowski recessed the meeting at 5:06 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:01 p.m. Present: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Engineering Administrative Assistant Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of October 17, 2017 regular meeting minutes Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the October 17, 2017 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Badge Presentation/Oaths to Police Officers - Nolan Cornell, Laura McBroom, James Carter Police Chief Gannaway gave the Oath to Officers Cornell, McBroom and Carter. Their families pinned on their badges. Community Solar Gardens in Stillwater area - David Haeg, SolarMatch David Haeg, SolarMatch, explained how Xcel customers may join Community Solar Gardens and save 10-20% on their bills while supporting local renewable energy in their community. He demonstrated the web site MySolarMatch.com. City Administrator McCarty added that the City's participation in solar gardens will probably save $7-8,000 a year, which is equivalent to about 10% of the City's energy usage. Introduction of Major Eric Lewanski, Stillwater National Guard Readiness Center Major Eric Lewanski, Officer in Charge of the Stillwater Armory, introduced himself. He stated that the new Armory has 22 full time employees, and up to 400 soldiers on a drill weekend. Their goal is to become more engaged with Beyond the Yellow Ribbon group and other service organizations in the community. Page 2 of 8 City Council Meeting November 7, 2017 OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2017-213, Directing the Payment of Bills Resolution 2017-214, Approving Minnesota Premises Permit for lawful gambling for Eagles 94, located at 14200 60th St. N, Stillwater, Minnesota Possible approval of Public Works Salt Shed Outside Storage (Shed Roof) Resolution 2017-215, resolution granting license to Stillwater Trolley for the operation of Trolley Tours on City Streets Resolution 2017-216, accepting work and ordering final payment for 2015 street improvement project (Project 2015-02) Resolution 2017-217, authorizing the preparation for and conducting of a sale of real estate Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2017-43. A public hearing to consider a request by Happy Bridge, LLC, property owner and Scott and Luke Sodergren, applicants, for the Consideration of a Zoning Text Amendment to allow a cigar shop and sampling room in the Central Business District Community Development Director Turnblad reviewed the request. Scott and Luke Sodergren have applied for a Zoning Text Amendment (ZAT) to allow tobacco sales in the downtown zoning district. The applicants propose that the following wording would be added: "Tobacconist means any tobacco retailer engaged in receiving tobacco premium cigars, and accessories for retail sale at a retail outlet where seventy (70) percent or more the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco -related accessories, excluding cigarettes. Said outlet must operate a walk-in, on-site humidor." Mr. Turnblad stated that the Planning Commission forwarded a recommendation of conditional approval because they would like to allow the tobacco shop by Conditional Use Permit (CUP), rather than being outright permitted. If the Zoning Text Amendment were approved, the applicants would then proceed with the opening of a cigar shop at 209 Main Street North. Staff recommends approval of the Ordinance with the following amendments: 1. alteration of the proposed Section 31-325, Allowable Uses in Non - Residential Districts, by indicating: Tobacconist operation; 2. an additional condition of approval that Section 41-2, Licensing of tobacco sales, possession and use by minors, Subd. 11, be amended by adding Subpart (8) to read: "(8) Indoor sampling. It is a violation of this section for any retail tobacco shop, specialty tobacco products shop, or any tobacconist operation proprietor to allow for tobacco sampling or the use of a tobacco related device indoors." Mr. Turnblad explained that staff's recommendation to add a prohibition on sampling is in consideration of public health and staying within the precepts of the clean indoor air act. Mayor Kozlowski opened the public hearing. Page 3 of 8 City Council Meeting November 7, 2017 Luke Sodergren explained the proposal. He has begun acquiring the company from his father, Scott Sodergren whose cigar shop in Osceola, Wisconsin has done well. They want to open a destination type venue with a sampling room and large walk in humidor. They understand the clean air act and plan to have the sampling room quarantined off so the smoke does not reach the retail space. There will be two air scrubbers to turn over the air and a ventilation system pulling out the scrubbed air. They will be leasing the building. Councilmember Junker commented that he visited the cigar shop in Hudson and observed the interior as well as the sidewalk outside and the entire block smelled heavily of cigar smoke. He asked if the sampling room is not approved, would the applicants still move forward and open their shop; and Luke Sodergren replied most likely, no. Cigar shops throughout Minnesota usually have a sampling room because customers want to sample the cigars before purchasing them. They understand the historic value of the downtown buildings and intend for all air pulled out of the shop to be clean. Scott Sodergren added that the shop in Osceola does not have a sampling room because Wisconsin law prohibits it for businesses opened after 2009. He stated the Hudson cigar shop mentioned by Councilmember Junker does not have air scrubbers and allows smoking in the lobby, which he and his son will not allow. Councilmember Polehna stated he does not have a problem with the sale of cigars, but is concerned about pumping the smoke out onto the street. Councilmember Menikheim commented that he loves the smell of cigars, but he cannot approve of a sampling room because of the fire risk, noting that many smokers are not careful with their smoking habits. Mayor Kozlowski suggested the Council could add conditions and standards if the CUP is approved. Mr. Turnblad confirmed that the Council could add conditions such as requiring the space to be sprinklered and the air that leaves the building to be cleaned according to a certain standard. Mayor Kozlowski closed the public hearing. Mayor Kozlowski stated he does not have problem with the use, if the Council can figure out performance standards. He feels it would be worse to allow tobacconists and not allow them a sampling room because that would encourage customers to sample the products outside on the sidewalk versus indoors. Scott Sodergren pointed out that in Osceola, sometimes customers smoke outside the shop, but typically they do not. They usually are purchasing cigars for special occasions, not for smoking out on the street. Mayor Kozlowski asked if staff can figure out performance standards that would provide assurance that the air going outside would be safe; and Community Development Director Turnblad responded that staff will look for data, perhaps from other states. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to table first reading of an ordinance introducing a Zoning Text Amendment allowing cigar shops and sampling rooms in the Central Business District, to the next meeting to research air cleaners and performance standards. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None Page 4 of 8 City Council Meeting November 7, 2017 Case No. 2017-48. A public hearing to consider a request by Anne Stanfield of Ecumen and Our Savior's Lutheran Church for the Consideration of a Final PUD, Preliminary Plat, Final Plat and Special Use Permit for a senior living housing facility to be located at 114 Brick Street South, and 1616 Olive Street West Community Development Director Turnblad stated that Anne Stanfield, representing Ecumen, and Pastor Dale Stiles, representing Our Savior's Lutheran Church (OSLC), have submitted an application to develop a 15.01 acre site located at 114 Brick Street South and 1616 Olive Street West. The project will be developed in two phases: 1) Ecumen Stillwater, a 145 -unit senior living building; construction of all parking, drive and pedestrian improvements for the two PUD uses; construction of all stormwater facilities; and 2) a future Our Savior's Lutheran Church expansion. Mr. Turnblad explained that, as a condition of concept plan approval, the developer has dropped some units on the end, so there are essentially two floors rising to three floors as the building moves further away from the neighbors. He reviewed parking, traffic, density and height issues. Parking needs will be met on site. A study by SRF traffic consultants concluded that at full build- out, none of the intersections or road segments in the area will be reduced below a satisfactory level. The project meets current density standards and height restrictions for this district. The Planning Commission recommended approval with three conditions. The Parks Commission recommended a fee in lieu of improvements because the Comprehensive Plan does not call for parks on the property. The revised Concept PUD, Preliminary Plat, signage plan, SUP, Final PUD, Final Plat are in general conformance with the Zoning Code, the Comprehensive Plan, and the Subdivision regulations of the City. Anne Stanfield, Ecumen, explained the revisions made in response to comments from neighbors: they lowered the wings on the west side from three stories to two stories, revised the color pallet, and added trees to provide more screening on the west property line and Brick Street. She added that all trash will be stored in trash rooms in the garage of the building and hauled out once a week to the trash pickup area which is off Brick Street. Deliveries will be made via the underground garage. A lighting study was done that indicated none of the proposed lighting is directed toward the adjacent residences. Mindy Michael, Kaas Wilson Architects, presented graphics showing the reduced height on the west end of the building. Mayor Kozlowski opened the public hearing. Our Savior's Lutheran Pastor Dale Stiles told Councilmembers that the church membership has been enthused about this project since 2015, and they feel that Ecumen will make a very good neighbor. Mayor Kozlowski closed the public hearing. Councilmember Junker thanked the developer for making the slight adjustments in height on western side and adding more landscaping. Councilmember Menikheim acknowledged the neighbors' input. He hopes that after the building is operational, it will be incorporated into the neighborhood in a similar way to the ECFE building, which drew strong neighborhood concerns when it was proposed some years ago. Councilmember Polehna complimented the developers on the revisions, but stated he is still concerned about traffic issues on Brick Street. He also noted that the right-of-way on Brick Street from Ramsey to Myrtle Street is 60 feet, but from Ramsey to Olive is 50 feet. He would not want Page 5 of 8 City Council Meeting November 7, 2017 to see a building come and take away the parking for residents along that street. He suggested the right-of-way be widened to be consistent. Mayor Kozlowski asked if the City was going to require a payment in lieu of taxes, as was done for The Lakes; and Community Development Director Turnblad stated this has not been discussed with the developer. City Attorney Magnuson explained that The Lakes is a for-profit, but its development agreement includes a clause that obligates them to pay the City portion of property taxes, should they ever become an entity that does not pay real estate taxes. Mayor Kozlowski stated that Ecumen has a stellar reputation and there is a need for this type of housing. Nevertheless, he has concerns about how this development fits the neighborhood and about traffic at the Brick and Olive intersections. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2017-218, a resolution approving preliminary plat for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48; Resolution 2017-219, a resolution approving final plat for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48; and Resolution 2017-220, a resolution approving a final Planned Unit Development and Special Use Permit for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48, with conditions recommended by staff and adding the conditions: Our Savior's Lutheran Church shall dedicate 10 feet of right-of-way on Brick Street; and the developer shall make a payment in lieu of real estate taxes. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of Marine Circle Lift Station Project Bid Award, Project 2017-07 Public Works Director Sanders explained that bids were opened for the Marine Circle Lift Station Project with Minger Construction Co. Inc. of Jordan, Minnesota having the low bid. The total cost of this project is $234,019, which includes $20,000 for engineering. Staff recommends that the Council accept the bid and award the contract to Minger Construction Co. Inc. for $177,250.00 for the Marine Circle Lift Station Project and approve the purchase of the control panel from TPC in the amount of $36,769.00. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2017- 221, accepting bid and awarding contract for Marine Circle Lift Station Project (Project 2017-07). Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2017- 222, authorizing purchase of control panel for the Marine Circle Lift Station Project (Project 2017- 07). Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None Page 6 of 8 City Council Meeting November 7, 2017 NEW BUSINESS Possible approval of resolution authorizing the call of the Outstanding General Obligation Sports Center Refunding Bonds, Series 2005C City Administrator McCarty stated that by paying off these bonds early, the City saved debt service costs. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2017-223, resolution authorizing the call of the Outstanding General Obligation Sports Center Refunding Bonds, Series 2005C. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Mayor Kozlowski provided a letter from a resident suggesting that Stillwater erect a sign indicating that the noise ordinance is enforced, similar to a sign seen in White Bear Lake. Public Works Director Sanders stated the City would have to get permission from the State to allow such a sign on state right-of-way. Police Chief Gannaway stated he would ask the chief in White Bear Lake if the sign has helped with motorcycle noise. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 9:01 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Resolution 2017-213, Directing the Payment of Bills Resolution 2017-214, Approving Minnesota Premises Permit for lawful gambling for Eagles 94, located at 14200 60th St. N, Stillwater, Minnesota Resolution 2017-215, resolution granting license to Stillwater Trolley for the operation of Trolley Tours on City Streets Resolution 2017-216, accepting work and ordering final payment for 2015 street improvement project (Project 2015-02) Resolution 2017-217, authorizing the preparation for and conducting of a sale of real estate Resolution 2017-218, a resolution approving preliminary plat for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48 Page 7 of 8 City Council Meeting November 7, 2017 Resolution 2017-219, a resolution approving final plat for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48 Resolution 2017-220, a resolution approving a final Planned Unit Development and Special Use Permit for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48 Resolution 2017-221, accepting bid and awarding contract for Marine Circle Lift Station Project (Project 2017-07) Resolution 2017-222, authorizing purchase of control panel for the Marine Circle Lift Station Project (Project 2017-07) Resolution 2017-223, resolution authorizing the call of the Outstanding General Obligation Sports Center Refunding Bonds, Series 2005C Page 8 of 8 EXHIBIT "A" TO RESOLUTION #2017-224 Page 1 LIST OF BILLS 3S1 Security Systems Abrahamson Nurseries Accela Inc Ace Hardware Action Rental Inc. Advance Auto Parts AdvantageHealth Corp American Test Center Aspen Mills B J Haines Tree Service Batteries Plus Bulbs Becker Fire & Safety Bolton and Menk Inc. Burschville Construction Inc. Business Data Record Services CDW Government Inc. Cities Digital City View Electric Inc. Cole Papers Comcast Cub Foods David Hardware Inc Deere & Company Donald Salverda & Associates ECM Publishers Eder-Zdechlik Jody A Edstrom Richard Egger Alison Enterprise FM Trust Fastenal Company Fleischhaker Dave Fraley Thomas G & K Services Gertens Wholesale Goodyear Commercial Tire Gopher State One CaII Inc. Greater Stillwater Chamber of Commerce Hoisington Koegler Group Hudson Rod Gun & Archery Club Jefferson Fire and Safety Inc. Jordan Joel Kath Companies KorTerra Inc. Krueger's Christmas Trees Lametti & Sons Security equipment Tree planted Monthly UB web payments Supplies Mixing trailer rental & concrete Equipment repair supplies Wellness initiatives Inspection Uniforms Tree removal Batteries Extinguisher services Lift Station Marine Cir Storm sewer repairs Shredding Equipment Document scanning Annual alarm monitoring Janitorial supplies Internet Supplies City Hall bathroom Equipment Books Publications Waste mgmt refund Refund of ramp fee Reimburse for expenses Lease vehicles Equipment repair supplies Reimburse for work boots Tools Uniforms and mats Holiday deco Tires Locates Renewal Professional services Range Preventative Maint Reimburse for work boots Oil KorWeb Service Fee - Ticket Splitting Holiday deco Slope repair 691.00 465.80 608.85 118.92 190.00 43.77 1,055.00 1,340.00 409.56 2,600.00 171.36 168.90 5,426.50 34,391.75 99.50 88.96 1,182.51 288.00 152.48 53.64 80.85 380.00 2,566.36 183.84 198.46 367.40 2.00 295.00 1,558.52 1,833.25 160.00 206.39 910.13 807.62 1,031.67 372.60 735.00 7,837.22 600.00 9,433.93 119.00 2,615.00 1,000.00 970.00 3,000.00 EXHIBIT "A" TO RESOLUTION #2017-224 League of MN Cities Loffler Companies Magnuson Law Firm Mansfield Oil Company Marshall Electric Company MCFOA M E CA Menards Metro Chief Fire Officers Assn Metropolitan Mechanical MHSRC/Range Miller Excavating Minnesota Pump Works Mitchell Ryan MN Dept of Labor and Industry MN Dept of Transportation MotionDSP Inc MP Nexlevel LLC NAPA Auto Parts Office Depot Olsen Chain & Cable Inc. OnSite Sanitation O'Reilly Auto Parts Rose City Sign Company Safety Signs Servicemaster Clean Shilts Cindy Siegfried Construction Company George Signation Sign Group Simplex Grinnell LP Stillwater and Oak Park Heights CVB Stillwater Rotary Club T.A. Schifsky and Sons The Tilted Tiki Thomson Reuters Thul Specialty Contracting Toll Gas and Welding Supply Tri-State Bobcat Urbiha Judith Wenck Voyant Communications REC CENTER 1ST Line/Leewes Ventures LLC 4Front LLC Ace Hardware Meeting and luncheon Copier Lease & It Services Professional Services Fuel Building repair charges Membership Membership Equipment repair supplies Membership Maintenance Agreement Training North pit Equipment repair Reimburse for expenses Elevator license Traffic signal maint Ikena spotlight Locating Equipment repair supplies Return Inspection Portable restroom rental Battery Tennis ct lamps Signs Police Project Reimburse for expenses Chestnut & Myrtle sidewalk Police Project Alarm motioring Qtrly Lodging Tax Membership Aggregate Refund of overpayment of liquor licence Information Charges Storm sewer repair Cylinders Equipment rental Reimburse for notary commission Police Project Phone Snacks for concessions Graphics Supplies Page 2 75.00 24,570.48 13,682.66 4,488.88 525.00 40.00 440.00 294.35 100.00 813.00 1,215.00 1,323.66 286.25 82.32 100.00 157.12 4,754.05 771.25 16.78 568.44 645.00 623.11 505.04 835.50 2,449.00 2,225.00 266.36 15,050.00 1,149.75 648.29 73,648.77 190.00 783.64 50.00 137.81 2,800.00 44.14 330.00 146.90 28,019.49 516.71 407.90 160.00 75.52 EXHIBIT "A" TO RESOLUTION #2017-224 AI's Coffee Company Coca-Cola Distribution Comcast Cub Foods G & K Services Ice Skating Institute Pepsi Beverages Company Peterson Salt & Water Treatment LIBRARY Ace Hardware Baker and Taylor Barnhouse Office LLC Brodart Co Cole Papers ESR Inc G & K Services Jacobsen Aurora Midwest Tape Reyers Mariah E. Hot beverages and supples for concessions Beverages for concessions Internet Hot dog buns for concessions Mats Skater memberships Beverages for concessions Ice melt Supplies Materials Teen Room (Lawson) Materials Supplies Shredding Service Towels & Rugs MLA Conference Travel Materials Programs - SPLF Page 3 980.25 1,975.11 109.85 23.96 257.50 15.00 758.68 723.50 14.95 345.71 983.75 1,767.56 408.86 55.13 83.14 100.58 425.64 160.00 Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 11/8/2017 Subject: Address Change of Tobacco License - Still Tobacco DISCUSSION: The owner of Still Tobacco and Still Tobacco2 (1754 and 2040 Market Drive respectively) is closing these two locations and moving into one location at 2010 Market Drive. This location will still be named Still Tobacco, with the same corporation name, therefore it is an address change rather than a transfer. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory approvals from the Police, Fire, Building, and Finance Departments. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "APPROVING ADDRESS CHANGE OF TOBACCO LICENSE FOR NORTHGATE, INC., DBA: STILL TOBACCO." RESOLUTION 2017-225 APPROVING ADDRESS CHANGE OF TOBACCO LICENSE FOR NORTHGATE, INC., DBA: STILL TOBACCO." WHEREAS, Northgate, Inc. currently holds tobacco licenses operates two separate tobacco shops at 1754 and 2040 Market Drive; and WHEREAS, Northgate, Inc. is combining the two shops into one shop located at 2010 Market Drive; and WHEREAS, a an application with the new address has been received from Northgate for the change of address of the tobacco license; and WHEREAS, approval is contingent upon satisfactory investigation, inspections, and approvals from the Police, Fire, Building, and Finance Departments. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby acknowledges the address change of the tobacco license to 2010 Market Drive and the closing of the tobacco shops at 1754 Market Drive and 2040 Market Drive. Adopted by Stillwater City Council this 21St day of November, 2017. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 11/9/2017 Subject: Upgrade to On -sale & Sunday Liquor License - Oasis Cafe DISCUSSION: An application for a new On -sale and Sunday liquor license has been received from Oasis Cafe. They currently have a Wine with Strong Beer license however they wish to upgrade to the On -sale and Sunday liquor license. The premises is at 806 Main Street S. RECOMMENDATION: Staff recommend approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Department of Health and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before the actual license is issued by staff to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving issuance of a new On -sale and Sunday Liquor Licenses to Oasis Cafe, Inc., DBA Oasis Cafe", contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Health Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. RESOLUTION 2017-226 APPROVING ISSUANCE OF A NEW ON -SALE AND SUNDAY LIQUOR LICENSES TO OASIS CAFE, INC., DBA OASIS CAFE WHEREAS, a request has been received from Craig Beemer, Oasis Cafe, Inc. for the issuance of a new On -sale and Sunday liquor license for a restaurant located at 806 Main Street S; and WHEREAS, approval is contingent upon fulfilling all requirements to hold an On -sale and Sunday liquor license, the satisfactory investigation, inspections, and approvals from the Washington County, Police, Fire, Building, Finance Departments, and Minnesota Alcohol & Gambling Enforcement Division. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new On -sale and Sunday Liquor Licenses to Oasis Cafe, Inc., DBA Oasis Cafe, 806 Main Street N, Stillwater, MN 55082. Adopted by Council this 21st day of November, 2017. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 11/9/2017 Subject: New On -sale & Sunday Liquor License DISCUSSION: An application for a new On -sale Sunday liquor license has been received from Brick & Bourbon Stillwater, LLC, DBA Brick & Bourbon. The proposed license premises is at 215 Main Street (formerly The First National Green Room). RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Department of Health and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before the actual license is issued by staff to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving issuance of a new On -sale and Sunday Liquor Licenses to Brick & Bourbon Stillwater, LLC, DBA Brick & Bourbon," contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Health Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. RESOLUTION 2017-227 APPROVING ISSUANCE OF A NEW ON -SALE AND SUNDAY LIQUOR LICENSES TO BRICK & BOURBON STILLWATER, LLC, DBA BRICK & BOURBON WHEREAS, a request has been received from Gary Sivyer of Brick & Bourbon Stillwater LLC for the issuance of a new On -sale and Sunday liquor license for a restaurant located at 215 Main Street (formerly The First National Green Room); and WHEREAS, approval is contingent upon fulfilling all requirements to hold an On -sale and Sunday liquor license, the satisfactory investigation, inspections, and approvals from the Washington County, Police, Fire, Building, Finance Departments, and Minnesota Alcohol & Gambling Enforcement Division. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new On -sale and Sunday Liquor Licenses to Brick & Bourbon Stillwater, LLC, DBA: Brick & Bourbon, 215 Main Street, Stillwater, MN 55082. Adopted by Council this 21st day of November, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward City Clerk RESOLUTION 2017-228 APPROVING RENEWALS OF ON -SALE, OFF -SALE, CLUB, WINE, WINE WITH STRONG BEER, SUNDAY ON -SALE, ON -SALE 3.2%, OFF -SALE 3.2%, MICRO BREWER OFF -SALE, MICRO BREWER TAP ROOM, MICRO BREWER TAP ROOM SUNDAY LIQUOR LICENSES AND TOBACCO LICENSES FOR 2018 WHEREAS, application for renewals have been received by the businesses listed below; and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor and/or tobacco license according to the City of Stillwater, State of Minnesota Alcohol & Gambling Enforcement Division, or Washington County Department of Health. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewals of the businesses listed below for On -Sale, Off -Sale, Club, Wine, Wine with Strong Beer, Sunday On -Sale, On -Sale 3.2%, Off -Sale 3.2%, Micro Brewer Off - Sale, Micro Brewer Tap Room, Micro Brewer Tap Room Sunday, Combination Liquor Licenses, and Tobacco Licenses for 2018, as contingent above: Organization Name/Corporate DBA LICENSE TYPE 3rd Street Post LLC 3rd Street Post Onsale, Sunday Acapulco of Stillwater Inc. Acapulco Mexican Restaurant Onsale, Sunday Stillwater American Legion #48 American Legion Club, Sunday, Tobacco Brine's Bar & Restaurant, LLC Brine's Bar & Restaurant Onsale, Sunday Chilkoot Cafe & Cyclery, LLC Chilkoot Cafe & Cyclery Wine w/Strong Beer City Sliquors Inc. City Sliquors Offsale, Tobacco Cooks of Crocus Hill LLC Cooks of Crocus Hill Wine w/Strong Beer SuperValu, Inc. Cub Foods 3.2 Offsale, Tobacco SuperValu, Inc. Cub Wine & Spirits Offsale Dock Cafe Corp. Dock Cafe Onsale, Sunday Domacin LLC Domacin Wine Bar Onsale, Sunday, Offsale Elephant Walk Inc. Elephant Walk B & B Wine Freight House LLC Freight House Onsale, Sunday EKS Inc. Harbor Bar Onsale, Sunday, Tobacco Haskell's, Inc. Haskell's Offsale, Tobacco Holiday Station Stores Inc. Holiday Station Stores Tobacco JX Event Services LLC _X Event Venue Kwik Trip #415 Onsale Tobacco Kwik Trip, Inc. Lens Family Foods Lens Family Foods Tobacco Organization Name/Corporate DBA Liberty Wine & Spirits Lift Bridge Brewing Company LICENSE TYPE Liberty Village Wine & Spirits, Inc. Offsale, Tobacco Micro Brewer Offsale, Tap Room & Sunday Tap Room Lift Bridge Brewing Technologies, LLC Cabones' LLC Lion's Tavern Onsale, Sunday LoLo American Kitchen LLC LoLo American Kitchen Onsale, Sunday St. Croix Boat & Packet Co. Lowell Inn Onsale, Sunday Lucky's Station LLC Lucky's Station Tobacco Lucky's Station LLC _ Lucky's Station _ Tobacco Mad Capper Saloon & Eatery Inc. Mad Capper Maple Island Brewing Onsale, Sunday Micro Brewer Offsale, Tap Room & Sunday Tap Room Maple Island Brewing, LLC B.A. Mensch, Inc. Marx Wine Bar and Grill Onsale, Sunday Meister, Eileen V. Meister's Bar & Grill Onsale VDR Inc. Nacho Mama's Onsale, Sunday E & K Convenience, Inc. Neighbor Stop Tobacco TJ Stillwater LLC No-Neck Tony's Onsale, Sunday North Hill Liquor Ltd. _ North Hill Liquor Offsale, Tobacco Oak Glen Limited Partnership Oak Glen _ Osaka Express P.D. Pappy's Onsale, Sunday_ Osaka Express Inc. Onsale, Sunday Beach Blanket Bingo Inc. Onsale, Sunday Roman Market, Inc. Patriot's Tavern Onsale, Sunday Pub 112 Inc. Pub 112 Onsale, Sunday L & L Companies LLC Quickfire Pizza Wine w/Strong Beer Stillwater Holdin:s LLC Portside Onsale, Sunday Onsale, Sunday Reve' 324 Inc. Reve' Bistro Rivertown Inn, LLC Rivertown Inn Wine Bad Latitude, LLC Smalley's Caribbean Barbeque _ Onsale, Sunday Northgate, Inc. Still Tobacco _ Tobacco Stillwater Country Club, Inc. Stillwater Country Club i Club, Sunday Stillwater K.C. Hall, Inc. Stillwater K.C. Hall Club, Sunday Water to Wine LLC Stillwater Liquors Offsale, Tobacco Thai Basil, Inc. Thai Basil Onsale, Sunday Wine w/Strong Beer St. Croix Boat and Packet Co. The Grand 2 Organization Name/Corporate DBA LICENSE TYPE The Edge Performance Hockey Training Center LLC The Lumberyard Wine w/Strong Beer 2Js LLC The Meet Market Wine w/Strong Beer The Tilted Tiki Inc. The Tilted Tiki Onsale, Sunday The Velveteen LLC The Velveteen Onsale, Sunday The Wedge & Wheel LLC The Wedge & Wheel Wine w/Strong Beer Commander Project LLC Tin Bins Onsale, Sunday DBD Partners Inc. Water Street Inn Onsale, Sunday, Tobacco DNR Properties LLC Whitey's Onsale, Sunday, Offsale Ziggys LLC Limited Liability Co Ziggys Onsale, Sunday Adopted by Council this 21st day of November, 2017. ATTEST: Diane F. Ward, City Clerk 3 Ted Kozlowski, Mayor STAFF REQUEST ITEM Department: MIS/Sewer Date: 11/17/2017 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of hardware/software upgrade for the SCADA system at Public Works. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost of the upgrade will be $9394. Money for this was not budgeted for 2017 but there was money left over from another project that will be used to purchase this. ADDITIONAL INFORMATION ATTACHED Yes _X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 11/17/2017 R 171;4- /1/17/17 TPC Telemetry and Process Controls, Inc. 7250 Hudson Blvd. Suite 160 — Oakdale, Minnesota 55128 — Tel. 651-430-0435 — Fax 651-430-0783 October 24, 2017 — Revision A City of Stillwater, Minnesota Attention: Mr. Jesse Pereboom jpereboom@ci.stillwater.mn.us Thank you for the opportunity to provide the following proposal that is offered per your request as relayed to me by our Service Manager, Jim Danko. Proposal for TPC, Inc. to furnish & install* a new SCADA system HMI Computer Upgrade that includes MS Windows-1OTM To include: Item / Quantity 1 Description A 1 Dell OptiPlex 7050 personal computer with Windows 10 Pro operating system software B 1 Wonderware InTouchTM HMI software upgrade to version 2014R2 C 1 WIN -911 TM alarm notification software upgrade to version 7.17 D 1 MS Office ProTA' software E 1 Lot of TPC Service Engineer "In-house" labor (PC set-up, software install, configuration and test) F 1 Lot of TPC Service Engineer travel time & mileage expense (TPC to / from the City of Stillwater) G 1 Lot of TPC Service Engineer "On -Site" services (to remove the old computer, set-up and test the new computer, provide operator instruction) Items A - G $ 8,489 net to the City of Stillwater, MN, freight allowed to the jobsite Proposal notes, optional adders & deduct: 1. Add $298 for this upgrade to include a new Dell #P2217H color monitor with a 21.5" LED -Lit screen. Otherwise, Item A and the associated new software (Items B, C & D) will be configured to operate in conjunction with the City's existing SCADA PC's monitor. 2. Jim Danko advised that your existing WIN -911 USB phone modem works well, and that it is unlikely we'll need to supply a new modem (to operate in conjunction with the Item C WIN -911 TM alarm notification software upgrade version 7.17). However, we won't know until we've had a chance to test the existing modem with the new, upgraded system as to whether the existing USB phone modem will continue to work well. Add $533 if the existing modem needs to be replaced with a new WIN -911 USB phone modem. 3. The Items A - G base price listed above includes our PC software configuration and operational test verification of LogMelnTM Remote Access software. Jim Danko advised me that the City of Stillwater currently subscribes to this service directly from LogMelnTM at an annual fee of $249.99. If the City of Stillwater would alternately like to subscribe to the LogMelnTM Remote Access service through TPC, Inc., your annual fee will drop to $99. Please advise if you'd alternately like to subscribe to this service through TPC, Inc. 4. Deduct $1,350 for Items A and D to be provided by the City of Stillwater; with the MS Windows 10 Pro TM operating system and the MS Office Pro TM software loaded in the Dell OptiPlex 7050 personal computer. SCADA & Telemetry for Utilities and Industries This deduct is based upon the City of Stillwater delivering the PC with the MS software loaded to TPC's office in Oakdale for our "in-house" configuration and testing of the HMI software prior to TPC service personnel installing the new, SCADA PC upgrade in-place of the existing City of Stillwater SCADA PC. Following your review, please let us know if you have any questions. Sincerely, DANSC7AN'd,P.oVV Cc: Jim Danko — TPC Proposal for TPC, Inc. to furnish & install* a new SCADA system HMI Computer Upgrade that includes MS Windows-IOTM Accepted by: The proposal and terms & conditions herein are acknowledged and accepted: Name/Title Date Authorized Signature Purchase Order No. Terms and Conditions ACCEPTANCE: This proposal is an invitation for an offer and will become a binding contract when accepted LIMITATION OF PROPOSAL: The prices and terms quoted in this proposal are subject to acceptance by the Purchaser within a period of (30) calendar days from the date herein. EXCLUSIONS: This proposal is based solely and completely on specifications submitted to Telemetry and Process Controls, Inc. (TPC) at the time of the writing of the proposal. General plans and specification not actually submitted shall not apply. This proposal, together with all annexed specifications, when accepted, shall be the complete agreement between the parties; and any alternations or unusual and undisclosed conditions or deviations from the above specifications involving extra costs shall be agreed upon in writing by both parties and shall become an additional charge over and above the proposal price set forth herein. Delays or impossibility of performance by TPC because of strikes, accidents, or other reasons beyond the control of TPC shall relieve us from all liability herein. SHIPMENT: Time of shipment shall be as stated in the proposal after receipt of order and acceptance and final approval of all drawings and submittal. TERMS OF PAYMENT: Terms are Net 30 days, based on rated credit. Otherwise, alternate arrangements must be made. These terms and conditions have control over any terms presented by Buyer, through a purchase order or otherwise. We reserve the right to cancel the contract or cease work if payments thereon are not received when due 1 5% per month shall be charged on all unpaid balances. TAXES: The Purchaser shall pay any local, state or federal sales, excise or use tax imposed on the equipment in addition to the prices quoted. WARRANTY LIMITATION: There are no warranties that extend beyond the warranties herein after expressed. SCADA & Telemetry for utilities and Industries WARRANTIES: All work shall be done in a workmanlike manner according to standard practices. We warrant performance against defects in materials and workmanship for a period of twelve (12) months from the date of shipment from TPC. We agree to pass on to the Purchaser such warranties, if any, as may be extended by the manufacturer for material supplied Labor for replacing defective materials shall not be provided by us unless it is specifically spelled out in the proposal. We shall not be responsible for materials damaged, lost or stolen after delivery, through no fault of ours, or for failure to deliver and perform because of reasons beyond our control. EXCLUSIVE REMEDIES: Remedies are limited to the repair or replacement at FOB point of delivery. Consequential damages are excluded. In no event shall TPC be responsible for consequential damages of any such defective material or workmanship including, but not limited to, the Purchaser's loss of material or profits, increased expenses of operation, downtime or reconstruction of the work, and in no event shall TPC's obligation under this warranty exceed the original contract price of the defective item. It is agreed that any action for breach of express or implied warranty shall be initiated within fifteen (15) months of the date of shipment by TPC and only those defects that are documented to have occurred within twelve (12) months from the date of the equipment's start-up will be covered by the warranty. DISCLAIMER: TPC will not be responsible for damage to equipment or materials through improper installation, storage, improper services, or through attempts to operate it in excess of its rated capacity or recommended use, intentional or otherwise, by parties other than TPC or its authorized representatives. CONDITIONS OF SALE: Prices quoted are those now in effect. Seller reserves the right to bill at the prices in effect at the time of shipment if the proposal is not accepted in writing within thirty (30) days, unless a longer term of validity is in writing on the proposal. LIMITATIONS OF LIABILITY A. Neither Seller nor its suppliers of any tier will be liable to Purchaser, whether in contract, in tort (including negligence and strict liability), under any warranty or otherwise, for any special, indirect, incidental, or consequential loss or damage whatsoever, or for loss of or to the plant, loss of use of equipment or power system, cost of capital, loss of profits or revenue or the loss of use thereof, cost of environmental damage or clean-up, or claims of customers of Purchaser. The remedies set forth herein are exclusive, and the total cumulative liability of seller and it suppliers under any purchase order or any act or omission in connection therewith or related thereto, whether in contract, in tort (including negligence and strict liability), under any warranty, or otherwise, will be limited to the price of the contract. B. The provisions of this Article shall survive termination, cancellation or expiration of the purchase order and shall apply, notwithstanding any other provisions of this Agreement or any related document thereto, to the fullest extent permitted by law Prior to the transfer of any equipment or material furnished or for which work is furnished hereunder from the project site (except temporarily for repair work or permanently for disposal), or the transfer of any interest therein or in the plant, Purchaser shall obtain for Seller written assurances from the transferee of limitation of and protection against liability following the proposed transfer at least equivalent to that afforded seller and its suppliers under the purchase order. SCADA & Telemetry for Utilities and Industries RESOLUTION 2017-230 ADOPTING DELINQUENT SEWER CHARGES PROJECT NO. 0001 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent utility charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent sewer charges and is hereby levied as an assessment against those parcels and the total is $143,590.07. Adopted by the Stillwater City Council this 21' day of November, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk City of Stillwater 2017 Certification of Deliquent Utility Billings For Collection with the 2018 Property Taxes Project #0001- 1 Year - 10% Interest Property ID 28.030.20.34.0117 28.030.20.33.0086 28.030.20.33.0083 28.030.20.33.0125 28.030.20.33.0114 28.030.20.33.0109 28.030.20.33.0123 28.030.20.34.0110 28.030.20.33.0061 28.030.20.41.0141 28.030.20.41.0142 28.030.20.41.0143 28.030.20.41.0144 28.030.20.41.0145 28.030.20.41.0146 28.030.20.41.0149 28.030.20.41.0154 28.030.20.41.0155 28.030.20.41.0132 19.030.20.22.0011 32.030.20.32.0030 28.030.20.33.0074 28.030.20.33.0100 29.030.20.44.0020 29.030.20.44.0024 29.030.20.44.0120 29.030.20.44.0114 29.030.20.44.0116 29.030.20.44.0118 29.030.20.43.0016 29.030.20.43.0004 29.030.20.43.0005 29.030.20.43.0009 29.030.20.43.0020 29.030.20.43.0019 29.030.20.43.0027 29.030.20.43.0081 29.030.20.43.0030 29.030.20.43.0078 32.030.20.12.0048 32.030.20.12.0014 32.030.20.11.0017 28.030.20.23.0113 28.030.20.32.0034 Certification Amount 260.20 639.80 495.80 1177.40 347.00 452.60 403.60 471.80 347.00 170.20 170.20 170.20 170.20 170.20 170.20 170.20 170.20 170.20 170.20 361.40 1000.00 498.20 827.00 495.80 375.80 476.60 347.00 109.75 443.00 347.00 61.75 447.80 769.15 347.00 423.80 481.40 90.55 347.00 626.80 57.52 288.05 2165.20 419.00 409.40 Property ID 29.030.20.33.0048 29.030.20.33.0061 29.030.20.33.0010 29.030.20.33.0013 30.030.20.44.0046 32.030.20.22.0107 31.030.20.11.0098 31.030.20.13.0007 31.030.20.11.0088 31.030.20.11.0090 31.030.20.14.0068 32.030.20.23.0046 32.030.20.22.0010 31.030.20.11.0085 31.030.20.11.0038 32.030.20.22.0012 32.030.20.22.0046 32.030.20.22.0059 32.030.20.21.0043 32.030.20.22.0065 32.030.20.22.0085 32.030.20.23.0055 32.030.20.21.0022 29.030.20.32.0028 29.030.20.32.0083 30.030.20.41.0036 30.030.20.41.0006 29.030.20.32.0044 29.030.20.32.0068 32.030.20.43.0004 32.030.20.33.0014 20.030.20.14.0008 20.030.20.14.0007 29.030.20.42.0025 29.030.20.42.0009 29.030.20.42.0011 29.030.20.42.0020 29.030.20.42.0022 29.030.20.24.0050 29.030.20.24.0051 29.030.20.24.0011 20.030.20.24.0009 33.030.20.14.0067 20.030.20.21.0020 Certification Amount 390.20 347.00 1225.40 347.00 347.00 347.00 347.00 466.20 385.40 663.80 347.00 548.60 404.60 582.20 166.40 491.00 515.00 347.00 347.00 294.00 347.00 438.20 1101.00 273.80 347.00 347.00 404.60 356.60 163.00 428.00 336.00 433.40 577.40 625.40 481.40 495.80 390.20 200.30 486.20 529.40 471.80 347.00 275.80 563.00 City of Stillwater 2017 Certification of Deliquent Utility Billings For Collection with the 2018 Property Taxes Project #0001- 1 Year - 10% Interest Property ID 28.030.20.32.0125 28.030.20.33.0027 28.030.20.32.0075 28.030.20.23.0108 28.030.20.32.0058 28.030.20.32.0142 28.030.20.32.0144 28.030.20.32.0070 28.030.20.34.0007 28.030.20.34.0004 28.030.20.32.0089 28.030.20.32.0115 28.030.20.32.0116 28.030.20.32.0117 28.030.20.32.0118 28.030.20.32.0114 28.030.20.32.0031 28.030.20.23.0123 28.030.20.23.0121 28.030.20.23.0070 28.030.20.23.0060 28.030.20.23.0136 28.030.20.23.0133 28.030.20.32.0099 28.030.20.32.0004 28.030.20.24.0102 28.030.20.31.0132 28.030.20.31.0134 28.030.20.31.0135 28.030.20.31.0049 28.030.20.23.0056 28.030.20.31.0098 28.030.20.31.0123 28.030.20.31.0125 28.030.20.31.0042 28.030.20.31.0031 28.030.20.31.0004 28.030.20.31.0023 28.030.20.31.0034 28.030.20.13.0069 28.030.20.13.0076 28.030.20.42.0070 28.030.20.13.0139 28.030.20.13.0078 Certification Amount 668.60 452.60 577.40 447.80 356.60 99.55 148.50 61.75 347.00 197.00 201.30 347.00 347.00 347.00 1625.20 1702.00 347.00 347.00 347.00 205.40 414.20 347.00 238.50 347.00 147.75 361.40 585.50 755.00 99.55 433.40 376.60 61.75 308.85 261.40 162.90 61.75 313.00 361.40 297.00 197.00 235.25 347.00 347.00 273.65 Property ID 20.030.20.21.0050 20.030.20.22.0022 20.030.20.23.0007 34.030.20.23.0049 34.030.20.23.0037 34.030.20.22.0068 34.030.20.23.0090 20.030.20.34.0009 29.030.20.21.0030 29.030.20.21.0061 29.030.20.21.0007 20.030.20.33.0071 20.030.20.33.0070 29.030.20.11.0036 20.030.20.43.0055 21.030.20.33.0012 21.030.20.33.0106 20.030.20.44.0049 20.030.20.44.0053 29.030.20.31.0052 32.030.20.13.0065 32.030.20.13.0087 32.030.20.13.0073 32.030.20.13.0036 32.030.20.13.0033 32.030.20.13.0032 32.030.20.13.0029 21.030.20.13.0062 21.030.20.13.0064 21.030.20.13.0053 21.030.20.13.0044 21.030.20.13.0046 21.030.20.13.0020 21.030.20.24.0029 21.030.20.13.0076 21.030.20.24.0028 21.030.20.24.0015 21.030.20.12.0008 32.030.20.13.0097 32.030.20.14.0080 32.030.20.12.0070 31.030.20.31.0021 31.030.20.31.0045 31.030.20.31.0092 Certification Amount 347.00 419.00 76.15 126.60 123.50 345.80 409.40 154.10 312.05 356.60 201.80 707.00 375.80 61.75 384.95 345.00 80.95 61.75 462.20 249.65 491.00 347.00 471.80 543.80 385.40 345.00 404.60 347.00 347.00 347.00 198.50 347.00 347.00 558.20 225.30 347.00 361.40 179.00 347.00 407.00 270.60 61.75 66.55 404.60 City of Stillwater 2017 Certification of Deliquent Utility Billings For Collection with the 2018 Property Taxes Project #0001 - 1 Year - 10% Interest Property ID 28.030.20.24.0054 28.030.20.23.0140 28.030.20.23.0047 28.030.20.23.0031 28.030.20.24.0047 28.030.20.12.0063 28.030.20.12.0006 28.030.20.12.0115 28.030.20.12.0078 28.030.20.13.0061 28.030.20.23.0015 28.030.20.22.0092 28.030.20.22.0089 28.030.20.22.0095 28.030.20.22.0076 28.030.20.22.0075 28.030.20.21.0113 28.030.20.21.0117 28.030.20.21.0127 28.030.20.21.0107 28.030.20.21.0112 28.030.20.22.0043 28.030.20.22.0051 28.030.20.22.0053 28.030.20.22.0058 28.030.20.21.0077 28.030.20.21.0023 28.030.20.22.0054 28.030.20.22.0025 28.030.20.21.0029 28.030.20.21.0016 28.030.20.21.0011 21.030.20.34.0142 21.030.20.34.0146 21.030.20.34.0050 21.030.20.34,0053 21.030.20.33.0043 21.030.20.33.0070 21.030.20.33.0118 21.030.20.34.0010 21.030.20.34.0027 21.030.20.34.0011 21.030.20.34.0018 28.030.20.12.0029 Certification Amount 179.00 347.00 148.50 147.00 375.80 1460.60 148.50 691.00 551.00 66.55 347.00 476.60 347.00 347.00 351.80 347.00 347.00 606.20 71.35 543.80 347.00 467.00 75.40 105.50 98.20 90.55 524.60 375.80 114.55 322.00 347.00 66.55 338.60 419.00 625.40 124.60 1350.20 235.25 134.85 92.10 529.40 80.95 1095.80 347.00 Property ID 31.030.20.24.0013 31.030.20.31.0078 31.030.20.24.0042 30.030.20.34.0032 30.030.20.33.0055 30.030.20.33.0032 30.030.20.34.0018 30.030.20.34.0059 30.030.20.31.0013 30.030.20.31.0033 30.030.20.32.0041 31.030.20.41.0021 31.030.20.41.0047 31.030.20.44.0014 19.030.20.34.0032 34.030.20.23.0094 34.030.20.22.0076 28.030.20.44.0071 33.030.20.11.0111 33.030.20.14.0025 33.030.20.14.0118 33.030.20.14.0015 33.030.20.11.0136 33.030.20.11.0013 33.030.20.11.0017 28.030.20.42.0165 33.030.20.11.0044 33.030.20.11.0048 33.030.20.14.0120 33.030.20.11.0126 33.030.20.14.0128 33.030.20.41.0012 33.030.20.14.0126 33.030.20.14.0051 28.030.20.43.0059 33.030.20.12.0146 33.030.20.14.0132 33.030.20.11.0081 33.030.20.12.0017 33.030.20.12.0156 33.030.20.13.0045 33.030.20.13.0026 33.030.20.13.0021 33.030.20.13.0030 Certification Amount 433.60 529.40 390.20 375.80 582.20 471.80 235.25 138.55 505.40 128.95 250.85 235.25 347.00 6800.00 266.20 433.40 399.80 383.40 683.00 711.80 347.00 433.40 351.80 347.00 510.20 433.40 654.20 438.20 148.50 663.80 347.00 268.00 347.00 443.00 447.80 191.70 351.80 375.80 414.20 347.00 591.80 162.55 308.40 347.00 City of Stillwater 2017 Certification of Deliquent Utility Billings For Collection with the 2018 Property Taxes Project #0001 - 1 Year - 10% Interest Property ID 28.030.20.12.0026 21.030.20.43.0072 21.030.20.43.0054 21.030.20.43.0021 21.030.20.42.0042 21.030.20.43.0017 21.030.20.43.0031 29.030.20.14.0032 21.030.20.14.0034 29.030.20.41.0116 29.030.20.41.0105 29.030.20.41.0004 29.030.20.41.0055 29.030.20.14.0066 29.030.20.41.0092 29.030.20.41.0093 29.030.20.44.0055 29.030.20.44.0054 29.030.20.34.0105 29.030.20.34.0032 29.030.20.34.0020 29.030.20.34.0057 29.030.20.34.0084 29.030.20.34.0085 29.030.20.34.0093 21.030.20.13.0089 28.030.20.41.0105 28.030.20.41.0028 28.030.20.41.0035 28.030.20.42.0100 33.030.20.31.0054 33.030.20.31.0065 33.030.20.31.0026 33.030.20.31.0049 33.030.20.24.0027 33.030.20.32.0023 33.030.20.32.0023 33.030.20.32.0009 Certification Amount 395.00 428.60 400.60 347.00 480.40 510.20 550.00 347.00 237.80 380.60 553.40 61.75 500.60 404.60 347.00 347.00 235.25 347.00 71.35 543.80 404.60 977.95 361.40 366.20 260.25 172.50 1533.80 3962.40 351.00 900.00 90.55 347.00 375.40 71.35 428.60 347.00 347.00 534.20 Property ID Certification Amount 33.030.20.13.0030 447.80 33.030.20.13.0064 735.10 33.030.20.13.0061 347.00 33.030.20.13.0057 347.00 33.030.20.12.0035 591.80 28.030.20.42.0118 235.25 28.030.20.42.0133 611.00 28.030.20.43.0083 134.75 33.030.20.12.0043 633.65 33.030.20.12.0039 498.20 33.030.20.12.0109 60.25 33.030.20.12.0051 361.40 33.030.20.12.0049 60.40 33.030.20.12.0091 347.00 33.030.20.12.0086 347.00 33.030.20.21.0116 414.20 33.030.20.21.0067 347.00 33.030.20.21.0123 172.50 33.030.20.21.0041 347.00 33.030.20.21.0019 587.00 33.030.20.22.0055 836.60 29.030.20.12.0035 903.80 30.030.20.31.0058 382.75 31.030.20.21.0033 311.70 30.030.20.32.0065 230.15 30.030.20.33.0033 504.00 32.030.20.32.0057 228.60 30.030.20.33.0083 499.60 19.030.20.24.0025 104.95 19.030.20.21.0022 371.00 19.030.20.13.0017 385.40 19.030.20.12.0011 247.80 19.030.20.21.0105 228.70 28.030.20.13.0166 584.00 30.030.20.22.0010 218.50 19.030.20.32.0007 159.25 19.030.20.44.0011 134.25 28.030.20.41.0157 2434.80 Total $143,590.07 ti 1 Iwater - --.....;..20167-' Administration � Date: November 16, 2017 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Deferred Assessment Request - 1211 6th Street South An application for a deferment of the 2017 Street Improvement assessments has been submitted by the property owner of 1211 6th Street S. The applicant meets the requirements for the deferment of assessments. The assessments with accrued annual interest of 4% will be deferred until the sale, platting or replatting of the property. RECOMMENDATION: Approved the deferment request. ACTION REQUIRED: If Council agrees with the staff recommendation, they should adopt a resolution entitled " RESOLUTION ADOPTING DEFERRED ASSESSMENTS FOR 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02, L.I. 413)." RESOLUTION 2017-231 RESOLUTION ADOPTING DEFERRED ASSESSMENTS FOR 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02, L.I. 413) WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment 2017 Street Improvement Project for the following property. Geocode Address Deferred charge 3303020130065 1211 6th Street S $7,195.00 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 deferred 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. The deferred street assessment would be collected with interest at the annual rate of 4.0% until the sale, platting or replatting of the property. 3. The deferred assessments for these properties shall be filed with the office of county recorder. Adopted by the Stillwater City Council this 21St day of November, 2017. Ted Kozlowski, Mayor ATTEST Diane F. Ward, City Clerk CERTIFICATE OF DEFERRED ASSESSMENTS 1. Certification is hereby made pursuant to Minn. Stat. §429.061, subd. 2, that special assessments have been deferred by the City of Stillwater and the property described herein is effected: Lot 15 Block 2, MARSH'S ADDITION 1211 6th Street South 33.030.20.13.0065 2. That the deferred assessments result from the local improvements and are in the following amounts: Local Improvement Improvement Amount L.I.413 2017 Street $7,195.00 Improvement 3. That the assessments are deferred with interest at the annual rate of 4.0% until the sale, platting or replatting of the property, or until connection is made to municipal utilities of the City of Stillwater. Diane F. Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss. ) On this day of , 2017, before me, a Notary Public within and for said County, appeared Diane Ward, to me personally known who, being duly sworn, did say that she is the City Clerk named in the forgoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 telephone 651-439-5641 fax RESOLUTION 2017-232 APPROVAL OF CONTRACT FOR AN ORGANIZATIONAL REVIEW PROJECT WITH GEORGE; PURPOSE, PEOPLE, PERFORMANCE LTD. BE IT RESOLVED, by the City Council of Stillwater, MN that the contract for an Organizational Review Project between the City of Stillwater and GEORGE: Purpose, People, Performance Ltd., as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 21st day of November 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Stillwater H; B S' O F MI u N t If STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this day of , 2017 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") and GEORGE: Purpose, People, Performance, Ltd. (hereinafter called "Contractor"). 1. The Work. The Contractor agrees to perform an Organizational Review Project for the the City of Stillwater. All activities and work will be completed in a professional workman -like manner and materials will be fit for the purpose. Work must be completed according to the attached proposal. 2. Payment. This work, including all labor, materials and equipment needed to accomplish the Organizational Review Project shall be completed by the Contractor for the total price shown on the attached proposal form to be paid to the contractor upon satisfactory completion and acceptance of all deliverables noted in the proposal. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work according to the proposal for the project. 4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 5. Insurance. Contractor agrees that in order to protect itself and the City under indemnity provisions set forth above, it will at all times during the term of this contract, keep in force policies of insurance as indicated in this contract. The Contractor shall not commence work until a Certificate of Insurance covering all of the insurance required by these specifications is approved and a Notice to Proceed is issued by the City Administrator. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurance, and to name the city as an additional insured "as their interests may appear." B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker's Compensation Coverage. 6. Completion Date. Completion of work related Organizational Review Project must be done according to the terms of the project's proposal. IN WITNESS WHEREOF, the parties have set their hands this day of , 2017. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this of , 2017 by Ted Kozlowski, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA COUNTY OF ) ss. Notary Public Commission Expires: Commissioned At: By (Please Print): Title (Please Print): The foregoing instrument was acknowledged before me this of , 2017 by its for Notary Public Commission Expires: Commissioned At: RESOLUTION 2017-233 APPROVAL OF AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL AND ADOPTING ASSESSMENT FOR 514 ST. CROIX AVENUE (PARCEL NO. 21.03020.34.0157) L.I. 416 WHEREAS, a request by Sara and Jeremy Imhoff, 514 St. Croix Avenue W to consider action of the City to install sewer and water service at the Owners' property; and WHEREAS, it is proposed to assess the costs against the property of the Owners; and WHEREAS, the Owners agree the owners agree to pay the cost of $7,932.00 as a special assessment against their property for collection with the real estate taxes in eight (8) annual installments of $991.50 with no interest, and payable in the years 2018 through 2025. BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement of assessment and waiver of irregularity and appeal agreement between Sara and Jeremy Imhoff, and the City of Stillwater is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. BE IT FURTHER RESOLVED, the special assessment of $7,932.00 is hereby adopted that includes: 1. At any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 2. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Stillwater this 21st day of November, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward City Clerk AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT, is made this day of , 2017, between the City of Stillwater, Washington County, State of Minnesota (the "City") and Sara and Jeremy Imhoff ("Owners"). In consideration of the action of the City, at the owner's request, to install sewer and water service on the property of the Owners described on Exhibit A, Owners agree, to pay the cost of $7932.00 as a special assessment against their property for collection with the real estate taxes in eight annual installments of $991.50 with no interest, and payable in the years 2018- 2025. Owner expressly waives the requirement to notice and a hearing, and further waives objection to any irregularity with regard to the said improvement assessments and waives all rights to appeal in the Courts. IN TESTIMONY WHEREOF, the parties have set their hands, this day of , 2017. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Diane Ward, City Clerk STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this 21st day of November, 2017, by Ted Kozlowski, Mayor and Diane Ward, City Clerk for the City of Stillwater, Minnesota. Notary Public OWNERS By: Sara Imhoff By: Jeremy Imhoff STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2017, by Sara Imhoff and Jeremy Imhoff, Owners of 514 W. St. Croix Avenue. Notary Public EXHIBIT A 1. Lot 19, Block 3 Wilkin's Addition to Stillwater PID # 21.030.20.34.0157 2. Costs: $7,932.00 El q' it . A i f Of MINNISOIA CITY COUNCIL MEETING DATE: November 21, 2017 November 7, 2017 Planning Commission: October 11, 2017 APPLICANT: Scott and Luke Sodergren REQUEST: CASE NO.: 2017-43 Request for a Zoning Text Amendment (ZAT) to allow for "Tobacconist operation; sale of specialty tobacco products" to be permitted in the Central Business District as well as to define Tobacconist in the City Code ZONING: Central Business District COMP PLAN: Downtown Mixed use PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND Scott and Luke Sodergren have applied for a Zoning Text Amendment (ZAT) to add the following to the Zoning Code: Amending Section 31-101, Definitions, by adding the following Tobacconist means any tobacco retailer engaged in receiving premium tobacco cigars, and accessories for retail sale at a retail outlet where seventy (70) percent or more the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco -related accessories, excluding cigarettes. Said outlet must operate walk-in, on-site humidor.? Alter Section 31-325, Allowable Uses in Non -Residential Districts, by adding ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- BP- BP- CRD PA PWFD PROS ' Bold, underlined, and italicized is proposed to be added. All text without special font is existing. Case No. 2017-43 CC: 11/21/2017 Page 2 of 6 On October 11, 2017, the Planning Commission heard this case and forwarded on a recommendation of conditional approval. If the Zoning Text Amendment were approved, the applicant would then proceed with the opening of a cigar shop at 209 Main Street North. On November 7, 2017, the City Council received the request, took testimony from the applicant and discussed favorability to the staff recommended proposal but to allow for indoor sampling so long as appropriate performance standards were in place. A copy of the City Council staff report is attached. Since the City Council's meeting, staff has modified the proposed definition of Tobacconist Operation to better clarify "premium cigars" as reflected in 2017MN Statutes (Section 297F.01). PERFOMRANCE STANDARDS Three performance standards have been discussed: the need for a self-contained sampling room, air cleaning as well as fire -suppression. Sampling Room As discussed with the Planning Commission and according to Building Official Shilts, if a business of this nature is proposed in a structure that is not structurally independent or has additional tenants, a smoke wall, ceiling or floor that would resist the passage of smoke (i.e. "smoke tight") should be required. This type of building construction may be able to be achieved in one of two ways: by sealing all existing and future penetrations (including, but not limited to, all brick and mortar joints) or by constructing an entirely new tenant space within the building's shell. Therefore, staff is recommending adding the following definition: Self-contained sampling area means a smoke -tight room inside of a Tobacconist C 0 I Tobacco products, general, non- P specialtyl; sale of Tobacconist P — operation; sale of specialty tobacco products1 On October 11, 2017, the Planning Commission heard this case and forwarded on a recommendation of conditional approval. If the Zoning Text Amendment were approved, the applicant would then proceed with the opening of a cigar shop at 209 Main Street North. On November 7, 2017, the City Council received the request, took testimony from the applicant and discussed favorability to the staff recommended proposal but to allow for indoor sampling so long as appropriate performance standards were in place. A copy of the City Council staff report is attached. Since the City Council's meeting, staff has modified the proposed definition of Tobacconist Operation to better clarify "premium cigars" as reflected in 2017MN Statutes (Section 297F.01). PERFOMRANCE STANDARDS Three performance standards have been discussed: the need for a self-contained sampling room, air cleaning as well as fire -suppression. Sampling Room As discussed with the Planning Commission and according to Building Official Shilts, if a business of this nature is proposed in a structure that is not structurally independent or has additional tenants, a smoke wall, ceiling or floor that would resist the passage of smoke (i.e. "smoke tight") should be required. This type of building construction may be able to be achieved in one of two ways: by sealing all existing and future penetrations (including, but not limited to, all brick and mortar joints) or by constructing an entirely new tenant space within the building's shell. Therefore, staff is recommending adding the following definition: Self-contained sampling area means a smoke -tight room inside of a Tobacconist Case No. 2017-43 CC: 11/21/2017 Page 3 of 6 Operation that is designated for the sampling of premium cigars by a customer or potential customer. Air Cleaning The applicants have indicated they would like to install an (approximately) 24' wide by 40' deep, with 10' ceiling, sampling lounge in the eastern portion of the lower level of 209 Main Street South. They have indicated they would be installing, at the recommendation of the manufacturer, three Rabbit Air MinusA2 SPA -780A air purifiers in the sampling lounge. The manufacturer states the three units would accommodate an area twice the size of the proposed sampling lounge. The purifiers would change the air four times per hour. Purifiers are air cleaners. Rabbit Air's purifiers use a five -filter system to catch airborne irritants and contaminants and then release clean airflow back into the room. However, no matter how efficient the purification system, there are minimum fresh air and ventilation rates required depending the types of use. A purifier detoxes the existing air, making it supplementary to a ventilation system. Without an adequately designed air exchange ventilation system, the pollutants can still be trapped in the sampling lounge. The concept of an air exchange system is similar to commercial kitchens and the more cigar smokers, the more air changes are required; undersizing and/or poor air circulation will result in poor air quality. The more air changes, the larger the system will need to be. The 2015 Minnesota Mechanical and Fuel Gas Code will require a mechanical exhaust system. An air handling system separate from central air and heating systems, will be required. Therefore, an engineered HVAC system designed to address air cleaning, equipment capacity that meets minimum ventilation and fresh air for this type of use, and air circulation must be a performance standard. Fire Suppression As discussed by the Council, a fire suppression system will be required for all designated sampling rooms. PUBLIC COMMENT Two separate sets of comments have been received from Cameron Murray, 350 Main Street North, unit #346. Mr. Murray is not in favor of the ZAT, citing it is not a public necessity as indicated is a requirement of the Zoning Code. A copy of Mr. Murray's comments are attached for review. ALTERNATIVES Case No. 2017-43 CC: 11/21/2017 Page 4 of 6 The City Council has the following options available: A. Approvallf the City Council finds the public necessity and the general community welfare warrant the Zoning Text Amendment and that amendment is in general conformance with the principles and policies set forth in the comprehensive plan, then the Council could approve the first reading of the attached Ordinance. B. Table C. Denial If the City Council finds that the application is not complete enough to make a decision, it could continue the review for additional information. As a reminder, the City has extended its 60 -day review deadline; determination of the request must be finalized by January 9, 2018. If the City Council finds the proposal is not consistent with the requirements set forth for Zoning Text Amendments, the Council could deny the first reading of the Ordinance. FINDINGS AND RECOMMENDATION As previously noted, a ZAT may only be approved when public necessity, the general community welfare and good zoning practice permit the amendment. In its current form, the ZAT does not meet those requirements. Additionally, a purpose of the Zoning Code is to provide "minimum requirements for the promotion of public health, safety and welfare. To protect the public, among other purposes, the provisions are intended to provide for adequate light, pure air, safety from fire and other danger..." Allowing for a use that would include indoor smoking, which adjacent tenants would not be protected from secondhand smoke, is in conflict with the Zoning Code. Therefore, based on direction provided by the City Council, staff has developed the following proposed amendments to the Zoning Code: 1. Amending Section 31-101, Definitions, by adding: Tobacconist means any tobacco retailer engaged in receiving premium cigars (hand constructed with 100% tobacco and a whole tobacco leaf wrap), and accessories for retail sale at a retail outlet where seventy (70) percent or more the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco -related accessories, excluding cigarettes. Said outlet must operate a walk-in, on-site humidor. Self-contained sampling area means a smoke tight room inside of a Tobacconist Operation that is designated for the sampling of premium cigars by a customer or potential customer. Case No. 2017-43 CC: 11/21/2017 Page 5 of 6 2. Alter Section 31-325, Allowable Uses in Non -Residential Districts, by adding: ALLOWABLE USES ZONING DISTRICTS CA CBD VC - C BP- BP -CRD PA PWFD PROS Tobacconist operation CUP25 25 Conditional Use Permit shall only be approved if all performance standards, found in Section 31-519.1, Tobacconist Operations, are met. 3. Adding Section 31-519.1, Tobacconist Operations, to read: Subd. 1. Purpose. The city council finds that in order to protect the health, safety and welfare of the general public, sampling of tobacco associated with Tobacconist Operations must adhere to specific clean air and fire suppression performance standards. Subd. 2. Performance Standards. The following standards shall apply to all Tobacconist Operations: a) Indoor smoking shall be limited to a self-contained sampling area. b) A separate air exchange system shall be installed in the self-contained sampling area. This air exchange system must be designed by a licensed mechanical engineer. The system must provide satisfactory air cleaning capacity that meets the minimum ventilation and fresh air standards found in the Mechanical and Fuel Gas Code. c) An engineered fire suppression system, reviewed and approved by the Stillwater Fire Department, shall be installed in the self-contained Staff finds that with the adoption of certain definitions and performance standards, the minimum requirements for the promotion of public health, safety and welfare will be met. Therefore, staff would recommend the adoption of the attached draft ordinance. ATTACHMENTS Site Location Map Case No. 2017-43 CC: 11/21/2017 Page 6 of 6 Applicant Narrative (2 pages) 209 Main Street Proposed Floor Plan RabbitAir Purifier Information November 7, 2017 City Council Staff Report October 11, 2017 Planning Commission Staff Report Public Comment Draft Ordinance , , , ,N.� �� 5 , i -�-_ --fillwater The Birthplace of Minnesota v PEEN a Lo iptire w :41 Won . -- _ y' v • `:! � 221 �N�P0•04 Site Location Map < �\ �. `i, REE s sc MYR1`�s (f)� N t©1 m S1 -- 2 �Pm y 2 X36 C ` '�y• V ' O I. o vv� i♦ N\ S� 37, 23 �' m G s P `` �(c\ \, Z � - tea m� 209 Main Street South 0 160 320 640 Feet ^ li, i i1 * 5 \ 'o� �z General Site Location V cn ^tr.\ � Al ,� ; ' 1 �• gym.: 1 E ^^f 0, SSR �� w S�N I. ' , . %, , c. @4 1 ��(. ,� Ai'�.m^ R i �1 T CP G m . 1 L.. -� ' iOp •may .7 ,O-w `„,...,01,N0` \` CP C. S ,, ; , Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 September 7, 2017 Dear Community Development Department, We are requesting a Zoning Text Amendment to be able to provide the residents of, and visitors to, Stillwater the opportunity to purchase and enjoy premium cigars and pipe tobacco. Currently, cigar and pipe smokers must travel to St Paul or Hudson to make their purchases, thereby taking revenue away from Stillwater, and bringing it to other communities. The typical premium pipe and cigar smoker is the ideal visitor that Stillwater seeks to attract. These individuals tend to be affluent and middle-aged, people who enjoy restaurants, shopping, lodging and have disposable income that the other businesses in downtown Stillwater would love to see. Certain types of tobacco shops attract elements that may be deemed as less desirable. These are shops that feature discount cigarettes, glass pipes, hookah, and other products that don't belong in an upscale and historic business district. We assure you that we will never carry such products; we will only carry premium hand -rolled cigars, premium pipe tobacco and ancillary products for the discerning tobacco enthusiast, such as professional grade humidors, cutters, lighters, etc. In an effort to help in this regard, our trade association, the IPCPR, has crafted language that would allow premium and upscale tobacco retailers, as we propose, while disallowing other less desirable tobacco -related businesses from opening. The language is similar to what has been used elsewhere in other municipalities to help solve this dilemma. Here is the language they propose: Category one: Tobacco products, general, non -specialty; prohibited Category two: Tobacconist operation; sale of specialty tobacco products; permitted Definition: "Tobacconist" means any tobacco retailer engaged in receiving tobacco, premium cigars, and accessories for retail sale at a retail outlet where seventy (70) percent or more the the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco -related accessories, excluding cigarettes. Said outlet must operate a walk-in, on-site humidor. This language obviously amends allowable use 11 from a total ban on tobacco sales in the CBD, to a ban on shops that sell cigarettes, rolling paper, glass pipes,etc., while allowing the "tobacconist" to conduct business that is of similar appeal and professionalism to shoppers who frequent other retail businesses in the CBD. By adding this amendment, the city can continue to prevent the opening of these undesirable shops in the CBD. We hope to open by Jan 1, 2018. We currently operate a premium cigar and pipe shop in Osceola, WI, called "Sodie's Cigar Shop". I encourage you to visit our shop, check out our website (www.sodiescigars.com), or contact the City of Osceola to find out about our shop there. We currently own and operate a successful staffing company with seven locations in Minnesota and Wisconsin, and have done so for the past 28 years. We have a track record of success and longevity in business. For this cigar shop we will be hiring, in addition to the store manager, 2-3 full and part-time employees who will go through extensive training by our manager and by us. We have an experienced local carpenter prepared to build the walk-in humidor, we have an experienced manager hired and ready to work. And we will soon be reaching out to the state to procure all the proper licensing required. A high-end tobacconist shop is a welcome addition to any community due to the customer base it draws. I hope the city will recognize our proposal as a benefit to the community; creating customers and adding jobs while adding to the unique and vibrant downtown Stillwater shopping experience that has been created and grown over many years. Sincere, Scott Sodergren and Luke Sodergren Sodie's Cigar Shop Proprietors 10 rv6 (A I' ( OL IcS5- -5- From: Sodergren, Scott R. To: Abbi Wittman Cc: Sodergren, Luke R. Subject: Fwd: Rabbit Air Recommendation Date: Tuesday, November 14, 2017 11:59:29 AM Abbi, Contained in this email are the data points and other relevant information that the air scrubber company, Rabbit Air, provided for the specific size space we are proposing for the sampling room at the cigar shop. We'd like to include this info in the report you provide to the council for the next meeting. Thank you again for all your help in navigating this process. With your help we hope to realize our goal of providing a great place for Stillwater residents and visitors to purchase and enjoy premium cigars in a beautiful and relaxing setting. Scott and Luke Sent from my iPad Begin forwarded message: From: Rabbit Air <customerservice@rabbitair.com<mailto: customerservice@rabbitair.com» Date: November 10, 2017 at 10:00:16 AM CST To: scott.sodergren@expresspros.com<mailto:scott.sodergrenaexpresspros.com> Subject: Re: Rabbit Air Recommendation Reply -To: Rabbit Air <customerservice@rabbitair.com<mailto: customerservice@rabbitair.com» Hi Scott. You are very welcome. All air cleaners are rated by the amount of air moving through the filter. This rate is called CADR or Clean Air Delivery Rate. The CADR Rating comes from cleaning an entire room, all of the air in the room needs to pass through the air cleaner's filter. CADR measures the amount of particle -free air being delivered into the room. The higher the CADR rating, the larger the room size that an air cleaner can clean. I hope this information helps. Please let us know us you have any additional questions. Have a great day! Regards, Yasmin Lagunas Rabbit Air [Rabbit Air]<https://www.rabbitair.com/> www.rabbitair.com<http://www.rabbitair.com> toll free: 888.866.8862 fax: 562.861.4788 [Facebook]<https://www.facebook.com/RabbitAir/> [Twitter] <https://twitter.com/RabbitAir/> [Instagram] <https://www.instagram.com/RabbitAir/> [Pinterest] <https://www.pinterest.com/rabbitair/> Connect with us Meet our team<https://www.youtube.com/watch?v=82Uct70K13Q> On Thu, Nov 9 at 5:51 PM , Scott.sodergren <scott.sodergren@expresspros.com<mailto:scott.sodergren@expresspros. com» wrote: Thanks. Can you explain what CADR is and why 193 is good? Sent from my iPad On Nov 9, 2017, at 4:55 PM, Rabbit Air <customerservice@rabbitair.com<mailto:customerservice@rabbitair.com> <mailto:customerservice@rabbitair.com>» wrote: Dear Scott, You're very welcome! Per our phone call today as well, while we do not have any reports that show what percentage the air purifier will clean the air in a room, we have the testing report for our CADR. In the case for smoke, the CADR was 193. If you have any other questions or if there is anything else that we can assist you with. please let us know. Regards, Tamina Park Rabbit Air IRabbit Air]<https://www.rabbitair.com/><https://www.rabbitair.com/» www.rabbitair.com<http://www.rabbitair. com><http://www.rabbitair. com<http://www.rabbitair. com» toll free: 888.866.8862 fax: 562.861.4788 [Facebook]<https://www.facebook.com/RabbitAir/><https://www.facebook.com/RabbitAir/» [Twitter] <https://twitter.com/RabbitAir/><https://twitter.com/RabbitAir/» [Instagram] <https://www.instagram.com/RabbitAir/><https://www.instagram.com/RabbitAir/» [Pinterest] <http s : //www. p interest. c om/rabbitair/><http s : //www. pintere st. c om/rabbitair/» Connect with us Meet our team<https://www.youtube.com/watch?v=82Uct70KI3Q><https://www.youtube.com/watch? v=82Uct70K13Q» On Thu, Nov 9 at 2:46 PM , Scott.sodergren <scott.sodergren@expresspros.com<mailto: scott. sodergren@expresspros. com> <mailto:scott.sodergren@expresspros.com>» wrote: Thank you! Sent from my iPhone On Nov 9, 2017, at 3:47 PM, Rabbit Air <customerservice@rabbitair.com<mailto:customerservice@rabbitair.com> <mailto: customerservice@rabbitair.com»<mailto: customerservice@rabbitair.com> <mailto:customerservice@rabbitair.com»» wrote: Hello Scott, I hope this email finds you well. I wanted to write to you in regards to your recent phone call with us. For your cigar shop's room size of 900 sq ft with 10 ft high ceilings, we would recommend 3 MinusA2 SPA -780A air purifiers as you have mentioned you may possibly have as many as 15 people at a time smoking in that room. With 3 MinusA2 SPA-780A's, the air purifiers would be able to provide double the room coverage (4 air changees per hour) that we recommend since smoke is a very heavy and harsh air pollutant. Our MinusA2 air purifier utilizes a total of 5 filters. A pre -filter, medium filter, BioGS HEPA filter (a true HEPA fiilter), customized filter of your choice (we recommend the odor remover customized filter) and an activated carbon filter. We would also recommend placing the air purifiers at an elevated height as smoke does tend to rise, this would help the air purifier to better capture the smoke. The MinusA2 air purifier also has the option to be wall mounted. If you have any questions, please feel free to contact us. Thank you and have a wonderful day. Regards, Amy Fong Rabbit Air [Rabbit Air]<https://www.rabbitair.com/><https://www.rabbitair.com/»<https://www.rabbitair.com/> <https://www.rabbitair.com/>>> www.rabbitair.com<http://www.rabbitair.com><http://www.rabbitair.com<http://www.r...> toll free: 888.866.8862 fax: 562.861.4788 [Facebook] <https://www. facebook. com/RabbitAir/><http s: //www.facebook. com/RabbitAir/» <https://www.facebook.com/RabbitAir/><https://www.facebook.com/RabbitAir/»> [Twitter] <https://twitter.com/RabbitAir/><https://twitter.com/RabbitAir/»<https://twitter.com/RabbitAirt> <https://twitter.com/RabbitAir/»> [Instagram] <https://www.instagram.com/RabbitAir/> <http s: //www. instagram.com/Rabb itAir/»<https://www. instagram.com/RabbitAir/> <https://www.instagram.com/RabbitAir/»> [Pinterest] <https://www.pinterest.com/rabbitair/> <http s : //www. p inte re st. c om/rabbitair/»<http s : //www.pi ntere st. c om/rabbitair/> <https://www.pinterest.com/rabbitair/>» Connect with us Meet our team<https://www.youtube.com/watch?v=82Uct7OKI3Q><https://www.youtube.com/watch? v=82Uct7OKI3Q&am...> 106087:612621 106087:612621 106087:612621 -fit 'water El q" i I °. A F p f M I N N F S 0 1 A CITY COUNCIL MEETING DATE: November 7, 2017 CASE NO.: 2017-43 Planning Commission: October 11, 2017 APPLICANT: Scott and Luke Sodergren REQUEST: Request for a Zoning Text Amendment (ZAT) to allow for "Tobacconist operation; sale of specialty tobacco products" to be permitted in the Central Business District as well as to define Tobacconist in the City Code ZONING: Central Business District COMP PLAN: Downtown Mixed use PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND Scott and Luke Sodergren have applied for a Zoning Text Amendment (ZAT) to add the following to the Zoning Code: Amending Section 31-101, Definitions, by adding the following Tobacconist means any tobacco retailer engaged in receiving tobacco premium cigars, and accessories for retail sale at a retail outlet where seventy (70) percent or more the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco -related accessories, excluding cigarettes. Said outlet must operate walk-in, on-site humidor.? Alter Section 31-325, Allowable Uses in Non -Residential Districts, by adding ALLOWABLE USES ZONING DISTRICTS CA CBD VC C O BP -CRD PA PWFD PROS Tobacco products, P ' Bold, underlined, and italicized is proposed to be added. All text without special font is existing. Case No. 2017-43 CC: 11/7/2017 Page 2 of 5 general, non- specialty1; sale of Tobacconist P operation; sale of specialty tobacco productsl On October 11, 2017, the Planning Commission heard this case and forwarded on a recommendation of conditional approval. If the Zoning Text Amendment were approved, the applicant would then proceed with the opening of a cigar shop at 209 Main Street North. APPLICABLE REGULATIONS Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when public necessity, the general community welfare, and good zoning practice permit the amendment. The following findings must be made before an amendment to the zoning map or text is made: • That the public necessity, and the general community welfare are furthered; and ■ That the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. COMPREHENSIVE PLAN During the development of the 2030 Comprehensive Plan, plan workshop participants indicated a lack of diversity of businesses was a weakness of the downtown area. If approved, the proposal to allow for premium tobacco products in the Central Business District would not only help diversify the types of business but it would also help further the City's efforts to achieve: ■ The Land Use and Downtown Urban Design goal two to "encourage a viable and compatible mix of community and visitor -serving activities that builds on the assets of downtown..." (page 6-24) • The Local Economy policy 5 to "encourage downtown as a relocation destination for successful businesses" (page 6-63) DISCUSSION SUMMARY While the applicant has provided a specific plan for the future use of the aforementioned parcel, this is not for the Council's consideration at this time. The application before the Council is whether or not the proposed Tobacconist definition should be added to the Zoning Code and whether or not Tobacconist operation; sale of specialty tobacco products should Case No. 2017-43 CC: 11/7/2017 Page 3 of 5 be an outright permitted use (not requiring a Special or Conditional Use Permit) in the Central Business District. The applicants have indicated it is their desire to provide the community with "the opportunity to purchase and enjoy premium cigars and pipe tobacco." The applicant has verbally indicated their desire to have a sampling (smoking) lounge associated with the retail sales. A draft ordinance, based on the applicant's proposal, is attached for the Council's consideration. The retail sales of tobacco in the Central Business District is, generally speaking, in conformance with the requirements set forth by the Zoning Amendment regulations. However, staff concerns are: • "Specialty Tobacco Products" is not defined and could result in a Zoning Code definition that is open to interpretation (such as including flavored tobacco, vapor oils, or specialty cigarettes); and • The permitting of this type of Central Business District business could have the following negative implications: o The general community welfare in relationship to the unintended permitted use of indoor smoking exemption from the Clean Indoor Air Act; and o Provisions for public health respective to the seepage of secondhand smoke; and o The structural and architectural integrity of buildings in the downtown core that could occur if modifications are necessary for the creation of sampling lounges. The Planning Commission discussed the diversification of Stillwater's economy as an important factor in consideration of this ZAT. They also determined general nuisance and public health effects of indoor smoking as a plausible grounds for prohibiting the indoor sampling areas. Draft minutes of the October 11, 2017 are attached for review. PUBLIC COMMENT Since the Planning Commission meeting, public comments were received from Cameron Murray, 350 Main Street North, unit #346. Mr. Murray is not in favor of the ZAT, citing it is not a public necessity. ALTERNATIVES The City Council has the following options available: A. Approval If the City Council finds the public necessity and the general community welfare warrant the Zoning Text Amendment and that amendment is in general conformance with the principles and policies set forth in the comprehensive plan, then the Council could approve the first reading of the attached Ordinance. Case No. 2017-43 CC: 11/7/2017 Page 4 of 5 B. Table If the City Council finds that the application is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the City Council finds the proposal is not consistent with the requirements set forth for Zoning Text Amendments, the Council could deny the first reading of the Ordinance. FINDINGS AND RECOMMENDATION As noted, a ZAT may only be approved when public necessity, the general community welfare and good zoning practice permit the amendment. In its current form, the ZAT does not meet those requirements. Additionally, a purpose of the Zoning Code is to provide "minimum requirements for the promotion of public health, safety and welfare. To protect the public, among other purposes, the provisions are intended to provide for adequate light, pure air, safety from fire and other danger..." Allowing for a use that would include indoor smoking, which adjacent tenants would not be protected from secondhand smoke, is in conflict with the Zoning Code. Planning Commission The Planning Commission recommended approval of the applicant proposed Ordinance with the amendment Tobacconist operation; sale of specialty tobacco products would be permitted by Conditional Use Permit. Staff Staff recommends approval of the Ordinance with the following amendments: 1. Alteration of the proposed Section 31-325, Allowable Uses in Non -Residential Districts, by indicating: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- C BP- 0 BP- I CRD PA PWFD PROS Tobacconist CUP operation; gale of tobacco specialty product3 2. With a condition of approval that Section 41-2, Licensing of tobacco sales; possession and use by minors, Subd. 11, be amended by adding Subpart (8) to read: Case No. 2017-43 CC: 11/7/2017 Page 5 of 5 (8) Indoor sampling. It is a violation of this section for any retail tobacco shop, specialty tobacco products shop, or in any tobacconist operation proprietor to allow for tobacco sampling or the use of a tobacco related device indoors. ATTACHMENTS Site Location Map Applicant Narrative (2 pages) October 11, 2017 Planning Commission Staff Report Draft Planning Commission minutes Public Comment Draft Ordinances (3) fflwater H E 6. R T H P 1. A C E Of MINNFSOIT A PLANNING REPORT MEETING DATE: October 11, 2017 APPLICANT: REQUEST: Scott and Luke Sodergren, Sodie's Cigar Shop CASE NO.: 2017-43 Request for a Zoning Text Amendment (ZAT) to allow for "Tobacconist operation; sale of specialty tobacco products" to be permitted in the Central Business District as well as to define Tobacconist in the City Code ZONING: Central Business District COMP PLAN: Downtown Mixed use PREPARED BY: Abbi Jo Wittman, City Planner REVIEWED BY: City Attorney Magnuson APPLICANT REQUEST Scott and Luke Sodergren, of Sodie's Cigars, would like to expand their Osceola, WI, business by opening a retail store at 209 Main Street North in the Central Business District. While the Zoning Code allows for tobacco sales as an accessory use (such as in the gas station or in a bar), retail tobacco sales as a primary use is not permitted nor are they allowed by Use Permit. The specific Zoning Text Amendment (ZAT) request, as noted below in bold, underlined italics is for: Amending Section 31-101, Definitions, by adding the following Tobacconist means any tobacco retailer engaged in receiving tobacco premium cigars, and accessories for retail sale at a retail outlet where seventy (70) percent or more the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco - related accessories, excluding cigarettes. Said outlet must operate walk-in, on-site humidor. Alter Section 31-325, Allowable Uses in Non -Residential Districts, by adding ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- BP- BP- CRD PA PWFD PROS While not indicated in the aforementioned proposal, the applicant have indicated it is their desire "the opportunity to purchase and enjoy premium cigars and pipe tobacco." The applicant has verbally indicated their desire to have a smoking lounge associated with the retail sales. APPLICABLE REGULATIONS City Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when public necessity, the general community welfare and good zoning practice permit the amendment. The following findings must be made before an amendment to the zoning map or text is made: • That the public necessity, and the general community welfare are furthered; and ■ That the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. The retail sales of tobacco in the Central Business District is, generally speaking, in conformance with the requirements set forth by the Zoning Amendment regulations. However, the permitting of this type of business could have negative implications in the Central Business District. Staff does have concerns for the general community welfare in relationship to unintended permitted uses, provisions for public health, and the structural and architectural integrity of buildings in the downtown core. Unintended Permitted Uses The applicant's business would be licensed as a Tobacco Products Shop' with the State of Minnesota. In State Statue, there is no separation between different types of Tobacco Products Shops. As the City will not be able to confirm the percentage of sales for this businesses, or any other 'Tobacconist Operation" that would want to open in the Central Business District, allowing this use as an outright permitted use would prevent review of any Tobacco Products Shops prior to them opening. While the applicant is aiming to establish a difference between cigars and other types of smoking products and accessories, "pipe tobacco and tobacco -related ' MN Statute 114.4167, defines a Tobacco Products Shop as a "retail establishment with an entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental." Case No. 2017-43 CPC: 10.11.2017 Page 2 of 6 C 0 I Tobacco products, general, non -specialty; P sale of Tobacconist operation; P_ sale of specialty tobacco products While not indicated in the aforementioned proposal, the applicant have indicated it is their desire "the opportunity to purchase and enjoy premium cigars and pipe tobacco." The applicant has verbally indicated their desire to have a smoking lounge associated with the retail sales. APPLICABLE REGULATIONS City Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when public necessity, the general community welfare and good zoning practice permit the amendment. The following findings must be made before an amendment to the zoning map or text is made: • That the public necessity, and the general community welfare are furthered; and ■ That the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. The retail sales of tobacco in the Central Business District is, generally speaking, in conformance with the requirements set forth by the Zoning Amendment regulations. However, the permitting of this type of business could have negative implications in the Central Business District. Staff does have concerns for the general community welfare in relationship to unintended permitted uses, provisions for public health, and the structural and architectural integrity of buildings in the downtown core. Unintended Permitted Uses The applicant's business would be licensed as a Tobacco Products Shop' with the State of Minnesota. In State Statue, there is no separation between different types of Tobacco Products Shops. As the City will not be able to confirm the percentage of sales for this businesses, or any other 'Tobacconist Operation" that would want to open in the Central Business District, allowing this use as an outright permitted use would prevent review of any Tobacco Products Shops prior to them opening. While the applicant is aiming to establish a difference between cigars and other types of smoking products and accessories, "pipe tobacco and tobacco -related ' MN Statute 114.4167, defines a Tobacco Products Shop as a "retail establishment with an entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental." Case No. 2017-43 CPC: 10.11.2017 Page 2 of 6 accessories" could include products not related to the type of business the applicant seeks to establish. Additionally, Tobacco Products Shops (where 90% of the "gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices") are exempt from the Minnesota Clean Indoor Air Act (MCIAA) meaning they may allow customers to sample (smoke) tobacco products indoors. While "sample" is defined as "a representative part or a single item from a larger whole or group especially when presented for inspection or shown as evidence of quality," sampling has varied interpretation. It can be argued that smoking a cigar is sampling a portion of the business inventory. Cigar lounges, where patrons purchase and enjoy their products onsite, exist in (at least) Lilydale, Minneapolis, St. Paul and Wayzata. In discussions with the Minnesota Department of Health (MDH), it is their interpretation theses businesses are not compliant with the exemption provisions as these businesses have a model where a patron may purchase a product and enjoy it in the lounge. However, MDH staff indicated that once establishments of this nature are open, the state law cannot be used to alleviate negative effects. Therefore, if the ZAT was approved as proposed, then indoor sampling would be an outright permitted use in the Central Business District. If indoor sampling is outright allowed by State Statute, then a cigar lounge could end up being an unintended, outright permitted use. Provisions for Public Health The MCIAA aims to further protect employees and the public from the health hazards of secondhand smoke. However, the MCIAA does not regulate smoke drifting from an area where smoking is unregulated. This is staff's largest concern with the outright permitted use retail use, which could allow for the right to smoke tobacco indoors. Most of the structures within the Central Business District were constructed in the 1800s. In addition to brick and mortar construction, which has so many unidentifiable penetrations and voids, most have shared walls to residential, restaurant, and other retail uses. As these structures are not airtight, secondhand cigar smoke will seep into adjacent tenant spaces without significant modifications to the structure. According to Building Official Shilts, if a business of this nature is proposed in a structure that is not structurally independent or has additional tenants, a smoke wall, ceiling or floor that would resist the passage of smoke (i.e. "smoke tight") should be required. This type of building construction may be able to be achieved in one of two ways: by sealing all existing and future penetrations (including, but not limited to, all brick and mortar joints) or by constructing an entirely new tenant space within the building's shell. Furthermore, Shilts has indicated the City should require all businesses to install an engineered HVAC system capable of removing all traces of smoke in the tenant space. Architectural Integrity If tobacco sampling is permitted, and certain structural improvements are required, there is risk that the interior and exterior modifications to the structure will jeopardize the structural and architectural integrity of some of Stillwater's designated historic resources. To achieve an "airtight" unit, interior modifications will require sealing the tenant space. However, Shilts has Case No. 2017-43 CPC: 10.11.2017 Page 3 of 6 indicated she is not aware of any smoke -tight sealants that could be used on brick and mortar; any hairline crack will allow for the seepage of smoke from one unit to another. Therefore, the construction of a new sealed space within the building's shell will be the only way to assure the unit is airtight. Constructing a new airtight unit will have impact to the interior brick and mortar, floors and ceiling of the structure. There is risk the installation, access to and maintenance of original infrastructure, as well as future removal could negatively impact the historic resource. HVAC units would need to be installed in a way that they conform to the Downtown Design Review District guidelines, necessitating review and approval by the City Heritage Preservation Commission prior to installation. COMPREHENSIVE PLAN During the development of the 2030 Comprehensive Plan, plan workshop participants indicated a lack of diversity of businesses was a weakness of the downtown area. If approved, the proposal to allow for premium tobacco products in the Central Business District would not only help diversify the types of business but it would also help further the City's efforts to achieve: ■ The Land Use and Downtown Urban Design goal two to "encourage a viable and compatible mix of community and visitor -serving activities that builds on the assets of downtown..." (page 6-24) ■ The Local Economy policy 5 to "encourage downtown as a relocation destination for successful businesses" (page 6-63) This is offset with the Comprehensive Plan goals and policies that encourage the preservation of the integrity and architectural character of the community's historic resources. ALTERNATIVES The Planning Commission has the following options available: A. Approval If the Planning Commission finds the public necessity and the general community welfare warrant the Zoning Text Amendment and that amendment is in general conformance with the principles and policies set forth in the comprehensive plan, then the Commission should move to recommend approval of Case No. 2017-43 with or without conditions. B. Table If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Planning Commission finds the proposal is not consistent with the requirements set forth for Zoning Text Amendments, the Commission could recommend denial of the application. FINDINGS AND RECOMMENDATION As noted, a ZAT may only be approved when public necessity, the general community welfare and good zoning practice permit the amendment. In its current form, the ZAT does not meet Case No. 2017-43 CPC: 10.11.2017 Page 4 of 6 those requirements. With a definition that is open to interpretation and the potential risk of the sale of other types of "specialty tobacco products," there is a significant risk if the City does not, at a minimum, consider "Tobacconist Operations" to be permitted specifically by Conditional Use Permit. Therefore, if an amended ZAT was approved, the Commission would have site- specific development review and the opportunities for public input would occur. A purpose of the Zoning Code is to provide "minimum requirements for the promotion of public health, safety and welfare. To protect the public, among other purposes, the provisions are intended to provide for adequate light, pure air, safety from fire and other danger..." Allowing for a use that would include indoor smoking, which adjacent tenants would not be protected from secondhand smoke, is in conflict with the Zoning Code. According to Minnesota Department of Health, Local governments retain the authority to adopt and enforce more stringent measures to protect individuals from secondhand smoke. Therefore, staff would recommend indoor sampling not be permitted if "Tobacconist Operations" were determined to be an appropriate use in the Central Business District. Staff finds that in its current form, the ZAT is not consistent with the Zoning Code, the Comprehensive Plan, nor the findings necessary to approve a zoning amendment. Therefore, staff would recommend denial. However, if certain modifications were made, then staff finds the amended ZAT would be in substantial conformance with the Zoning Code, the Comprehensive Plan, and the findings necessary to approve a zoning amendment. Staff would recommend the following: 1. Amending Section 31-101, Definitions, by adding the following: Tobacconist means any tobacco retailer engaged in receiving tobacco premium cigars, and accessories for retail sale at a retail outlet where seventy (70) percent or more the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco -related accessories, excluding cigarettes. Said outlet must operate walk-in, on-site humidor. 2. Alter Section 31-325, Allowable Uses in Non -Residential Districts, by adding: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- C BP- 0 BP- I CRD PA PWFD PROS Tobacco products, general, non -specialty; sale P of Tobacconist operation; sale CUP of specialty tobacco products Case No. 2017-43 CPC: 10.11.2017 Page 5 of 6 3. Amend Section 41-2, Licensing of tobacco sales; possession and use by minors, Subd. 11, by adding Subpart (8) to read: (8) Indoor sampling. It is a violation of this section for any retail tobacco shop, specialty tobacco products shop, or in any tobacconist operation proprietor to allow for tobacco sampling or the use of a tobacco related device indoors. ATTACHMENTS Site Location Map Applicant Narrative (2 pages) Case No. 2017-43 CPC: 10.11.2017 Page 6 of 6 From: Cameron Murray To: Abbi Wittman Subject: Fwd: Objections to the ZAT for a tobacconist Date: Friday, November 03, 2017 2:14:29 PM So here are my objections, sent to Dave Junker and Mayor Kozlowski. Please include as part of the public record. I won't be able to attend live. Thanks for the information about the meeting. Cam Begin forwarded message: From: Cameron Murray <ctmurray@mac.com> Subject: Objections to the ZAT for a tobacconist Date: November 3, 2017 at 12:55:29 PM EDT To: David Junker <djunker@ci.stillwater.mn.us>, Ted Kozlowski <tkozlowski@ci.stillwater.mn.us> As noted in your packet, I spoke against this ZAT in the planning commission meeting. A ZAT has a high bar to be enacted, as outlined in the staff report: As noted, a ZAT may only be approved when public necessity, the general community welfare and good zoning practice permit the amendment. I don't believe that a tobacconist shop could be defended in a court of law as being a necessity. The reason this is not a necessity is that it has many CONS, and no real general public benefit. STAFF CONS: • The staff report mentions issues with smoke infiltration into other adjacent buildings. The applicant says they will put in HVAC and scubbers with a negative pressure, but not a sealed room. So there is no guarantee that the smoke wont leak. We will only know after they have moved in. Please read Building Official Shilts summary of the situation in your packet. • The staff report also highlight that you will be making an exception to the MN clean indoor act. Again how would such an exemption qualify as a public necessity. CAMS CONS: (I have thought of some others) • Won't bars want similar exemptions so their patrons can smoke indoors? Bars will lose business to this operation, people could bring their own alcohol to the tobacconist and have a smoking bar. Bars then might want to re-classifying themselves as tobacconists. The staff report notes that this definition could be vague and open to interpretation. Before the MN clean indoor act fully prevented indoor smoking bars did try the "HVAC system capable of removing all traces of smoke" and these did not work. • I think this will increase smoking outdoors along the narrow sidewalks nearby. This was dismissed out of hand at the Planning Commission but I think human behavior is on my side. Certainly it will bring in more smokers. And once they have sampled something they might buy it and smoke outdoors on a nice day. Now smoking is fine outdoors, but it is not currently an issue on the sidewalks. But this shop is one store from the busy corner of Chestnut and Main, a place that is crowded with pedestrians. So someone smoking a cigar after leaving this shop will be a nuisance to many. Again not a public necessity. The city of Stillwater is turning from one of bars to one that will be more influenced by bicyclists. I don't think we should be encouraging negative social behavior by authorizing this ZAT. I would strongly recommend you go with your staff recommendations. The slight addition to the diversity downtown is not worth the ZAT. City Staff: FINDINGS AND RECOMMENDATION As noted, a ZAT may only be approved when public necessity, the general community welfare and good zoning practice permit the amendment. In its current form, the ZAT does not meet those requirements. Additionally, a purpose of the Zoning Code is to provide "minimum requirements for the promotion of public health, safety and welfare. To protect the public, among other purposes, the provisions are intended to provide for adequate light, pure air, safety from fire and other danger..." Allowing for a use that would include indoor smoking, which adjacent tenants would not be protected from secondhand smoke, is in conflict with the Zoning Code. Cameron Murray 350 Main Street North Stillwater MN, 55082 From: Cameron Murray To: David Junker; Ted Kozlowski; Doug Menikheim Cc: Bill Turnblad; Abbi Wittman Subject: Zoning Text Amendment for a tobacconist stop - case 2017-043 - Just say NO Date: Wednesday, October 11, 2017 11:45:09 PM Tonight the Planning Commission approved the creation of a new category of store, a tobacconist shop, to be permitted (CUP) in the downtown business district. The applicant wants to sell high end tobacco; cigars and pipe tobacco, and have a smoking lounge. The city staff recommended against this, and I spoke against this, yet it was approved. Here is a link to the commission packet. This will be coming to your attention in November, but I won't be around then to voice my objection: I DO NOT think this ZAT should be created/approved. http://cityofstillwater.granicus.com/MetaViewer.php? view id=3&event id=963&meta id=55909 From the document, for a Zoning Text Amendment to be approved: City Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when public necessity, the general community welfare and good zoning practice permit the amendment. The following findings must be made before an amendment to the zoning map or text is made: ■ That the public necessity, and the general community welfare are furthered; and • That the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. I spoke on the first point; that a tobacconist shop in NO WAY is a public necessity, NOR is the general community welfare furthered. This should have been a high bar for any business to jump over, the amending of the Zoning Code. But the Planning Commission disagreed stating: 1. It helped diversify the business downtown 2. The general welfare is furthered by bringing in more tax dollars. So now they have defined the bar for "public necessity and general community welfare" and it is quite low. Take a hypothetical example: should the City Council approve the ZAT and set the precedent with this low bar to cross; then I decide to get a ZAT next year for a Porn shop in the CBD. By the definition if this current ZAT is approved all I have to say is: 1. a Porn shop helps diversify the business downtown. Might even bring visitors during the winter 2. the Porn shop pays taxes. I use this extreme example on purpose. I have not looked into other regulations that might prevent a Porn shop, and I hope one never appears. Insert any legal but undesirable business for my example of Porn. The point is, the bar for amending the Zoning in the CBD should not be this low. Something currently not permitted downtown should REALLY have to be a public necessity and REALLY further the general community welfare before approving a ZAT. And "business diversity" and "paying taxes" don't qualify as being significant enough to approve this ZAT. I think you are setting a legally binding definition of public necessity and furthering of community welfare. You will not be able to refuse any ZAT request, unless you want the city to be sued. Also, The applicant says they want to cater to high end connoisseurs and have a smoking lounge. But once established there is no control by the city around what they sell, the State of MN does not recognize a "tobacconist" as being different that a tobacco shop. What about when they sell the business? There is no legal way to enforce the new owners to only sell high end product. The applicants portrayed a very positive view of their potential clients (rich) and tried to distance themselves from normal "tobacco" shop. I spoke against this proposal on another issue, second hand smoke coming from the store on the sidewalk outside and people having purchased a tobacco product now smoking immediately after leaving. Some commissioners thought this on street smoking is less likely because the applicant plans on having a smoking parlor, so users would not be smoking when they leave. But I disagree, the purpose of such a shop is to increase the density of smokers brought downtown, so either going in or out there will be more smoke in the area. In addition "high end" tobacco means cigars, and their stench is particularly obnoxious. In fact, the health aspects and implications are specifically a detriment to community welfare. City staff did not mention another issue of concern; fire safety in these old buildings. The existing wood is very old and dry. Lighting up tobacco in quantity is not a good idea. Also, should a building catch on fire, the close nature of adjacent buildings means a fire is hard to fight and causes immediate damage. I would strongly encourage city staff to ask the Fire Chief about this concern. Once the business gets established, even with a CUP, the city will be very reluctant to shut them down if they violate the conditions. City staff clearly outlines their health and safety concerns with adjacent businesses and residents. The applicant promised an shell to enclose the smoking lounge and a fancy HVAC system. But how will the city know if the system works to prevent all smoke incursion or know when it fails? What kind of testing is the city willing to require and possibly pay for to ensure the health of the public (and adjacent businesses) is protected? How often would this testing occur? Interestingly the applicant is not allowed to have a smoking lounge in their Osceola store, as Wisconsin laws do not permit. Unfortunately, currently, MN law does permit a smoking lounge if a store gets 90% of its revenue from tobacco. So, please include my comments in the packet for the November meeting for CASE 2017-043. I think the tobacconist ZAT SHOULD NOT BE APPROVED under any conditions. Cameron Murray 350 Main St. N Unit 346 Stillwater MN 55082 CPC 2017-43 CC: 11/21/2017 ORDINANCE AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING TOBACCONIST BY CONDITIONAL USE PERMIT IN THE CENTRAL BUSINESS DISTRICT (CBD) THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending Section 31-101, Definitions, by adding: Tobacconist means any tobacco retailer engaged in receiving premium cigars (hand constructed with 100% tobacco and a whole tobacco leaf wrap), and accessories for retail sale at a retail outlet where seventy (70) percent or more the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco -related accessories, excluding cigarettes. Said outlet must operate a walk-in, on-site humidor. 2. Amending Section 31-101, Definitions, by adding: Self-contained sampling area means a smoke tight room inside of a Tobacconist Operation that is designated for the sampling of premium cigars by a customer or potential customer. 1. Alter Section 31-325, Allowable Uses in Non -Residential Districts, by adding: ALLOWABLE USES ZONING DISTRICTS CA CBD VC - C BP- BP -CRD PA PWFD PROS Tobacconist operation CUP25 25 Conditional Use Permit shall only be approved if all performance standards, found in Section 31-519.1, Tobacconist Operations, are met. 2. Adding Section 31-519.1, Tobacconist Operations, to read: Subd. 1. Purpose. The city council finds that in order to protect the health, safety and welfare of the general public, sampling of tobacco associated with Tobacconist Operations must adhere to specific clean air and fire suppression performance standards. Subd. 2. Performance Standards. The following standards shall apply to all Tobacconist Operations: a) Indoor smoking shall be limited to a self-contained sampling area. b) A separate air exchange system shall be installed in the self-contained sampling area. This air exchange system must be designed by a licensed mechanical engineer. The system must provide satisfactory air cleaning capacity that meets the minimum ventilation and fresh air standards found in the Mechanical and Fuel Gas Code. c) An engineered fire suppression system, reviewed and approved by the Stillwater Fire Department, shall be installed in the self-contained Draft Ordinance Draft Date: November 21, 2017 CPC Case No. 2017-43 Page 2 of 2 sampling area. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 5th day of December, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk flIwater THE 9 i A T H P L A C E OF MINNESOTA CITY COUNCIL DATE: November 17, 2017 APPLICANT: Minnesota Department of Transportation REQUEST: Approval of construction staging area plan for the Lift Bridge Conversion Project LOCATION: Chestnut Street REPORT AUTHOR: Bill Turnblad, Community Development Director BACKGROUND The Minnesota Department of Transportation (MnDOT) has hired Kraemer, North America, LLC to complete work necessary to convert the Lift Bridge to a pedestrian and bicycle facility. The construction project will need a staging area for construction trailers and storage of materials. In addition, MnDOT and Kramer would like nine parking spaces reserved in Municipal Lot 4 for construction management and some tradesmen. SPECIFIC REQUEST Consider approval of the MnDOT/Kramer request for a staging area plan as detailed in the attachments. SPECIFIC PROPOSAL The staging plan as requested includes three areas. 1. The main area is adjacent to the bridge and will be used for all of the construction materials and equipment. This area would be secured with chain-link fencing and locked gates. It will include the concourse, and portions of North and South Lowell Park. The fence for this area would be installed in April 2018 and would be taken down in June 2019. 2. The second area is the south half of Municipal Parking Lot 4. It would be used for both of the construction trailers (one for MnDOT and one for Kramer) as well as nine parking spaces for construction management and a few tradesmen. Public traffic will be able to use Lot 4 even during construction periods, since Chestnut Street will not be barricaded under this plan, nor will the travel lane in the parking lot ever be blocked. In addition, on evenings and weekends, the nine parking spaces reserved for construction workers will be available to the public. The two trailers would be moved onto the parking lot this month. Lift Bridge conversion project November 17, 2017 Page 2 3. The third area of the staging plan is on -street parking for construction workers. These spaces would be located on Chestnut Street east of Water Street. The entrance to Municipal Lot 3 would be closed at Chestnut to maximize the number of construction worker parking spaces here. These on -street parking spaces would be available to the public on evenings and on weekends. COMMENTS City staff met with the Innkeeper for Water Street Inn, who is satisfied with the staging plan, as long as the MnDOT construction trailer (46 feet long) is located on the east side of Lot 4 and the Kramer trailer (23 feet long) is located on the west side of the lot next to the Inn. The two construction trailers would use a total of eight parking spaces in Lot 4 (5 for MnDOT and 3 for Kramer). Kramer points out that this is the same number of new on -street spaces that were created by MnDOT on Chestnut Street after the Lift Bridge closed, and requests that credit be given for those spaces. In addition to the eight spaces for the trailers, another nine spaces are requested for construction worker parking in Lot 4 (see attachments). These spaces would be reserved during the day and be available to the public evenings and on weekends. The reservation cost of these nine spaces would be $1.50 per day (except on weekends during the summer, when the cost would be $3 per day). That would be $30 per space per month during the off season. City staff and the Parking Commission recommend not permitting the nine spaces to be reserved in the parking lot. Instead, Kramer could purchase monthly parking permits at $10 per month per space. The permits would be valid in many lots downtown, including Lots 3 and 4 next to the project site. RECOMMENDATION The Downtown Parking Commission and staff find the plan to be generally acceptable and would recommend approval with two conditions: 1. The MnDOT construction trailer should be located on the east side of Municipal Parking Lot 4. The Kramer construction trailer should be located on the west side. 2. Nine monthly parking permits should be purchased rather than reserving nine spaces in Lot 4. ACTION NEEDED The City Council should consider the staging plan and decide whether to approve with or without revisions or conditions. bt attachments: Staging Plan Lot 4 Details De ails of Lo 4 TO: FROM: DATE: RE: MEMORANDUM Mayor and City Council Shawn Sander;' irector of Public Works November 17, 2017 Feasibility Study for 2018 Street Improvement Project (Project No. 2018-02) DISCUSSION Engineering staff would like to proceed with the 2018 Street Improvement Project. Authorization of a feasibility study is the first step in the process. Street, utilities, drainage, and sidewalks improvements will be looked at part of the study. The following streets will be considered for the 2018 Street Improvement Project: Street Segment (Reconstruction) Pine Tree Trail (South of Pine St) Lake Drive S. Brick St (W. Pine St. to W. Willard St.) W. Willard St (S. Brick St to S. Seeley St.) S. Seeley St. (W Pine to W. Willard St.) Interlachen Way Interlachen Way Court Bayberry Avenue Court Bayberry Ave(Interlachen to Maryknoll Dr) S. Broadway Street Sixth Ave. S (E. Willard to E. Churchill) E. Walnut St (S. Second St to S Broadway St) E. Locust St (S. Second St to S Broadway St) E. Willard Street (S. First St. to S. Broadway St) Street (Mill and Overlay) W. Mulberry St. (N. Owens St. to S. Everett St) N. William Street (W. Myrtle St. to W. Mulberry St.) N. Sherburne St. (W. Myrtle St. to W. Linden St.) Green Twig Way Kallie Court Curve Crest Blvd (Washington Ave to S. Greeley St) Industrial Boulevard Shelton Drive S. Sixth St. (W. Pine St. to W. Olive St) W. Pine St (S. Greeley to S. Seeley St.) S. Second Street (E. Myrtle to Nelson) S. Second Street ( E. Myrtle to Nelson) Olive Street (S. Third St. to S. Main Street) Nelson Street. (S. Second Street to S. Main) Nelson Alley Commercial Ave. Union Alley (E. Myrtle St. to Commercial Ave.) In all there are 1.7 miles proposed of street reconstruction and 3.8 miles of mill and overlay proposed for a total of 5.5 miles street improvements . The budgeted amount for the 2017 Street Improvement Project is $2.2M. RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for the streets listed above for the 2018 Street Improvement Project. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2017- , RESOLUTION ORDERING PREPARATION OF REPORT FOR 2018 STREET IMPROVEMENTS (Project 2018-02). 2018 STREET IMPROVEMENT PROJECT FEASIBILITY STUDY AREA LEGEND PROPOSED IMPROVEMENTS illwater THE SIATHPLACE OF MINNESITA 1REENTWIG. WAY KALLIE . 4 LA MULBERRY `,ST. WILLIAM`, ST: 2ND ST. COMMERCIAL ST. NELSON ST. NELSON ALLEY LIVE ST. ONION ALLEY BAYBER'Y AVE. ,BAYBERRY4 AVLT. INTERLiNC EN WAY IIITERLACHEN WAY r I E \4Rr1E \TRL. T E LEY T. $ RICK ST. S` `WILLARD Sr. GROVE $T 5 LAK DR7 I MATHA ST. OAK ST. PINE ST.© SHERBTRNE 1 1 RVE CREST BL x 6TH AVA. BO AYS LCUT5. WLUTS' WIL RCS S ORLEANS STI SHELTON DR:I STRIAL BL STATE HWY. 0 O O N O RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2018 STREET IMPROVEMENT PROJECT PROJECT 2018-02 BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 21st day of November 2017. ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor Fy oard of Commissioners BOARD AGENDA Fran Miron, District 1 Stan Karwoski, District 2 NOVEMBER 21, 2017 — 9:00 A.M. Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, Chair, District 5 1. 9:00 Roll Call PIedge 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 mustftll out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and thef ll 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 ifit becomes redundant, repetitive, overly argumentative, ori fit is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Health and Environment — Nikki Stewart, Environmental Resource Supervisor Resolution — Approval of Washington County Waste Management Master Plan 2018-2036 and Submission to the Minnesota Pollution Control Agency for Review and Approval 5. 9:20 General Administration — Molly O'Rourke, County Administrator 6. 9:30 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions 10 the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 9:45 Adjourn 9. 9:50-10:35 Board Workshop with Administration — Kevin Corbid, Deputy County Administrator Discuss Final Changes for 2018 Proposed Budget Prior to Adoption on December 12, 2017 10. 10:40-11:25 Board Workshop with Public Health and Environment — Jeff Travis, Senior Environmental Program Manager Review Facility Assessment and Strategic Planning Study for the County Environmental Center 11. 11:30-12:00 Board Workshop with Property Records and Taxpayer Services — Jody Moran, Taxation Division Manager Discuss Proposed 2018 Property Taxes Assistive stoning dovioos are avabb for use in ftm County @part! Room x:.° 101..,.. r.,,.. I. .r..»,.„ rr /A611 enn rvm EQUAL EMPLOYMENT OPPORTUNITY f AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 21, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of November 7, 2017 County Board Meeting Minutes. Community Services Human Resources Information Technology B. Approval to extend the previously approved 1.0 Full Time Equivalent Social Worker Special Project position from the current end date of 6-30-18 to a new date of 12-31-18. C. Approval of a Memorandum of Agreement with both the Non -Exempt and Exempt units of the American Federation of State, County, and Municipal Employees (AFSCME) describing the terms and conditions of offering employment to three Lake Elmo Public Library staff. D. Approval for the early hire of an Information Technology Senior Applications Systems Analyst Developer, which has been recommended for approval in the 2018 budget. Library E. Approval for the Library to convert a non -supervisory Library Services Assistant position to the supervisory position of Library Services Supervisor. Public Health & Environment Public Works F. Approval of agreement with the Minnesota Department of Human Services for the provision of the Child and Teen Checkup program, for the years 2018- 2020. G. Approval of resolution to enter into a limited use permit with the Minnesota Department of Transportation to construct, operate and maintain a pedestrian trail and sidewalk in the right-of-way of County State Aid Highway 24. H. Approval of amendment No. 1 to Lease Agreement #8498 with SouthMetro Centers V, LLC for office space at the Valley Ridge Plaza for the Washington County License Center in Stillwater. Sheriff I. Approval of resolution for agreement with the State of Minnesota, to participate in the Minnesota Financial Crimes Task Force. J. Approval of the 2017 Urban Area Security Initiative grant agreement between the Minnesota Department of Public Safety, Division of Homeland Security Emergency Management, and Washington County in the amount of $207,200 for the period of January 1, 2018 through June 30, 2019. 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. Assistive as -tem -4g devices ere evadable for nse i, the County Board Room Nta+.r a..sA •ee:elww. A.. In el:eahllA. n. Jnn..an ha..ro. .L.ern wall MC y 4111 rJVYi EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER BOARD AGENDAYr NOVEMBER 14, 2017 — 9: t A. 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 secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board ofCommissioners. 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 becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, Chair, District 5 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Accounting and Finance — Tabatha Hansen, Director; Kathy Aho, Springsted Inc.; Carl Jacobson, Principal Accountant and Kevin Corbid, Deputy County Administrator A. Resolution — Awarding Sale of General Obligation Bonds and Providing for Payment of Series 2017A B. Present the Government Finance Officers Association (GFOA) Excellence in Financial Reporting Award for the County's 2016 Comprehensive Annual Financial Report (CAFR) C. Review Information Provided in Annual Newspaper Insert Regarding 2016 Financial Information D. Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for the County's 2016 Budget 5. 9:50 General Administration — Molly O'Rourke, County Administrator 6. 10:00 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:15 Adjourn 9. 10:20-11:20 2018 Budget Board Workshop with Public Health and Environment — Stephanie Souter, Senior Planner and Jay Riggs, District Manager for Washington Conservation District A. Presentation of Washington County Watershed Management Organizations; Activities, Priority Projects, Proposed 2018 Budgets, and Water Consortium Activities for 2017 B. Presentation of Washington Conservation District's 2018 Budget and District's Programs 10. 11:25-12:00 Board Workshop with Human Resources — Jan Webster, Director Update on the Human Resources Information System (HRIS) Project and Employee Turnover Statistics Break 12:20-1:05 Personnel Committee Meeting Asslalivva kslenang davices em available for use in flfa Coolly Bawd Room n-r.ta ev elan t4ulav AieahiMm. n. uvea.. A, a..in.. Na csa r 49 Mit-6 47, flVYI EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 14, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of October 24, 2017 County Board Meeting Minutes. Public Health & Environment Public Works Sheriff B. Approval to set public hearing for December 12, 2017 at 9:00 a.m. to consider revisions to the 2018 Fee Schedule for services provided by the county. C. Approval of the 2017 HOME Program Subrecipient between Dakota County Community Development Agency and Washington County. D. Approval of comment letter to the Bureau of Indian Affairs Office in regards to a request by the Prairie Island Indian Community of Minnesota to have real property located in Washington County accepted "in trust" by the federal government. E. Approval of authorization for the county to accept the Natural Resources Block Grant funding from the Minnesota Board of Water and Soil Resources for 2018 and 2019. F. Approval of Cooperative Agreement No. 11230 between the City of Cottage Grove and Washington County for the County State Aid Highway 19 at East Point Douglas Roundabout Project. G. Approval of resolutions of support to act as sponsor for the City of Grant and the City of Marine on St. Croix to apply for the Local Road Improvement Program funding through the Minnesota Department of Transportation. H. Approval of resolution approving Quick Claim Deed transferring a portion of property to the City of Oak Park Heights pursuant to the Change of Roadway Jurisdiction and Maintenance Agreement between the State of Minnesota, Washington County and the City of Oak Park Heights. I. Approval of resolution to authorize entering into State of Minnesota Detour Agreement No. 1029665 for Trunk Highway No. 95 between the Minnesota Department of Transportation and Washington County to provide road life compensation in the amount of $23,700 to the county for the detour of traffic from Trunk Highway 95 onto county highways. J. Approval of resolution authorizing Washington County to enter into an agreement with TurnKey Corrections for inmate services and commissary products. 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. Assam's Solemnly devkes are available for use in the County Board Room m Hie .hal . ar S .aq, Aar Kea Ma ea rata IASI I,t`ir. Ellnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER