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HomeMy WebLinkAbout2017-12-05 CC Agenda PacketThe Birthplace of Minnesota REGULAR MEETING RECESSED MEETING 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING December 5, 2017 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Discussion on Special Event Policy 2. Discussion on Strategic Planning 3. Possible approval of Capital Improvement Plan (CIP) (Resolution - Roll Call) IV. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator 7:00 P.M. AGENDA 4:30 P.M. 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 12. Possible approval of November 21, regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects that 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. XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered 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. 13. Resolution 2017-237, directing payment of bills 14. Resolution 2017-238, accepting of the 2016 SAFER grant and approving the Emergency Services Consulting International (ESCI) personal services contract 15. Resolution 2017-239, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterer, Inc. 16. Resolution 2017-240, approving assignment agreement with the Veterans' Memorial Committee for 2018 17. Resolution 2017-241, a resolution authorizing contracts for the 2018 annual contract for mowing, snow and ice removal and clean up services 18. Resolution 2017-242, approving access agreement between the City of Stillwater and Kraemer North America 19. Resolution 2017-243, a resolution approving an agreement for payment in lieu of real estate taxes for a project known as Ecumen Stillwater CPC case no. 2017-25 20. Possible approval to purchase two switches for the St. Croix Valley Recreation Center 21. Possible approval to purchase scanners for Administration Department XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 22. Case 2017-53. This is the date and time for a public hearing to consider a request by Larry and Paulette Lappi for the consideration of a Zoning Map Amendment for the property located at 900 Broadway St N and XXXX 1st St N in the RB District. PID 2803020120058. Notices were mailed to affected property owners and published in the Stillwater Gazette on October 27, 2017 (1St reading of ordinance & Resolution - Roll Call) XIII. UNFINISHED BUSINESS 23. Possible approval of the 2018 Music on the River Special Event and Contract XIV. NEW BUSINESS 24. Presentation Truth and Taxation i. Possible adoption of resolutions for 2018 Budget & Tax Levy (2 Resolutions - Roll Call) 25. Possible approval of Maple Island Brewery July 4th Tent Party Event XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT STILLWATER EVENTS Number of Events Year 2017 2016 2015 2014 2013 2012 2011 Events 18 21 20 14 19 19 18 Special Events 9 7 6 10 9 9 9 Contract Events 11 10 10 8 8 9 9 City Events 3 3 3 1 1 2 1 Total Events 41 41 39 33 37 39 37 Location of Events (one event has multiple locations) Year 2017 2016 2015 2014 2013 2012 2011 Downtown Events 15 15 15 15 12 14 13 Route Events 13 15 6 5 7 7 6 Block Parties 9 8 9 6 9 7 9 Other Sites/Parks 7 6 9 7 9 11 9 The statistics above do not include: Multiple dates for Summer Tuesdays, Car Show or Farmers Market Teddy Bear Park or Washington Square children's programs Park reservations for weddings, picnics, ball tournaments, etc Event Type Description Events Residential street blocked <5 hours or Commercial street <2 hours or <9 parking spaces reserved or route with no services required or >250 people in public park Special Events Residential street blocked >5 hrs or more than 1 block or Commercial St >2 hrs or 10+ parking spaces reserved or route with traffic control, street closure, or parking restrictions Contract Events A Special Event needing a contract due to services over $1000 or held multiple days Updated: 12/5/2017 2017 Events (by Type of Event) Contract Events - *event held multiple weeks Location Size 7 * Crusin' on the Croix Car Show 5 Lift Bridge Closing Celebration 6 Rivertown Fall Art Festival 3 Stillwater Harvest Festival 2 * Summer Tuesdays 4 Ice Castles of Stillwater 1 Hockey Day Minnesota 8 Lumberjack Days Lumberjack Days Downhill Derby Lumberjack Days 5K/10K Lumberjack Days Parade 9 North Star Grand Prix 10 Stillwater Half Marathon & 5K 11 * Stillwater Farmers Market Special Events 1 Brine's Bocce Ball Tournament 2 NILMDTS Rememberance Walk 3 Faster Than The Pastor 4 Bagpipes & Bonfires 5 St. Mary's German Fest 6 St. Mary's Wild Rice Festival 7 Wash Cty Law Enforcement Memorial 8 Veterans Day Ceremony 9 Memorial Day Ceremony Events Downtown - 4 Parking Lots Downtown - Chestnut and 3 Parking Lots Downtown - Chestnut and 4 Parking Lots Downtown - Chestnut and 4 Parking Lots Downtown - Lowell Park and 1 Parking Lot Downtown - Lowell Park and 1 Parking Lot Downtown - Lowell Park and 4 Parking Lots Downtown - Lowell Park and 3 Parking Lots Route - 2nd Street Route - Around lake to Pioneer Park Route - Washington Park to Pioneer Park Route - Downtown and 2 Parking Lots Route - Into city ends at Pioneer Park Other - 1 Parking Lot Location Downtown - 1 Parking Lot Route - Downtown Lowell park Route - St Mikes & St Marys Church Block - 3rd St N Block - 5th St S Block - 5th St S Block - Pine Street Other - parking lot Other - parking lot Location 1,000 3,000 4,000 3,000 600 50,000 6,000 12,000 7,000 1,600 200 88,400 Size 250 800 500 300 500 500 200 200 700 3,950 Size 1 Winter Ice Cream Social 2 Twinkle Party & Tree Lighting 3 Stillwater Earth Day Celebration 4 Airflow Club Meet 5 Ragnar Relay 6 Stairs of Stillwater Fundraiser 7 St Croix Catholic Walk-a-thon 8 Habitat 500 Bike Ride 9 Liberty Garage Sale 10 Chilikoot Gran Fondo 11 Block party on North 5th St (Spring) 12 Block party on North 5th St (Fall) 13 Estate at Greeley Block Party 14 Estate at Greeley Carnival 15 Block party on William St 16 Wash Cty Hazardous Waste Day 17 1st State Bank Open House 18 Sticks in Stillwater City Events 1 SPD Youth Bike Safety Rodeo 2 Independence Day Celebration 3 Night to Unite Downtown - Lowell Park Downtown - Lowell Park Downtown - parking lot Downtown - Lowell Park Route - through the city Route - through the city into Lowell Park Route - St Croix Catholic School Route - Myrtle St west end Route - Liberty Subdivision Route - through city Block - 5th St N Block - 5th St N Block - William St Block - William St Block - William St Other - Lily Lake Park Other - Liberty Square Park Other- Rec Center Location Downtown - parking lot Downtown - parking Lots, parks Other - Washington Square 1,000 3,000 100 150 400 250 350 150 300 300 100 100 100 100 25 800 500 8,000 15,725 Size 400 30,000 1,500 31,900 Total Estimated Attendance for all Events: 136,225 Downtown Events 2017 Events (by Location) Location 1 * Crusin' on the Croix Car Show 2 Lift Bridge Closing Celebration 3 Rivertown Fall Art Festival 4 Stillwater Harvest Festival 5 * Summer Tuesdays 6 Ice Castles of Stillwater 7 Hockey Day Minnesota 8 Lumberjack Days 9 Brine's Bocce Ball Tournament 10 Winter Ice Cream Social 11 Twinkle Party & Tree Lighting 12 Stillwater Earth Day Celebration 13 Airflow Club Meet 14 SPD Youth Bike Safety Rodeo 15 Independence Day Celebration Events with Routes Downtown - 4 Parking Lots Downtown - Chestnut and 3 Parking Lots Downtown - Chestnut and 4 Parking Lots Downtown - Chestnut and 4 Parking Lots Downtown - Lowell Park and 1 Parking Lot Downtown - Lowell Park and 1 Parking Lot Downtown - Lowell Park and 4 Parking Lots Downtown - Lowell Park and 3 Parking Lots Downtown - 1 Parking Lot Downtown - Lowell Park Downtown - Lowell Park Downtown - parking lot Downtown - Lowell Park Downtown - parking lot Downtown - parking lots, parks Location 1 Lumberjack Days Downhill Derby 2 Lumberjack Days 5K/10K 3 Lumberjack Days Parade 4 North Star Grand Prix 5 Stillwater Half Marathon & 5K 6 NILMDTS Rememberance Walk 7 Faster Than The Pastor 8 Ragnar Relay 9 Stairs of Stillwater Fundraiser 10 St Croix Catholic Walk-a-thon 11 Habitat 500 Bike Ride 12 Liberty Garage Sale 13 Chilikoot Gran Fondo Route - 2nd Street Route - Around lake to Pioneer Park Route - Washington Park to Pioneer Park Route - Downtown and 2 Parking Lots Route - Into city ends at Pioneer Park Route - Downtown Lowell park Route - St Mikes & St Marys Church Route - through the city Route - through the city into Lowell Park Route - St Croix Catholic School Route - Myrtle St west end Route - Liberty Subdivision Route - through city Block Parties Location 1 Bagpipes & Bonfires 2 St. Mary's German Fest 3 St. Mary's Wild Rice Festival 4 Wash Cty Law Enforcement Memorial 5 Block party on North 5th St (Spring) 6 Block party on North 5th St (Fall) 7 Estate at Greeley Block Party 8 Estate at Greeley Carnival 9 Block party on William St Other Locations Block - 3rd St N Block - 5th St S Block - 5th St S Block - Pine Street Block - 5th St N Block - 5th St N Block - William St Block - William St Block - William St Location 1 * Stillwater Farmers Market 2 Wash Cty Hazardous Waste Day 3 1st State Bank Open House 4 Sticks in Stillwater 5 Veterans Day Ceremony 6 Memorial Day Ceremony 7 Night to Unite Note: * = event held multiple weeks Other - 1 Parking Lot Other - Lily Lake Park Other - Liberty Square Park Other- Rec Center Other - parking lot Other - parking lot Other - Washington Square Events that didn't occur in 2017 Location 1 US Gondola Nationals 2 834 Voice Walk-a-thon 3 American Diabetes Walk 4 Unity Day 5K 5 North Hill Ice Cream Social 6 Embrace Autism 5K 7 Turkey Trot 8 Labor Day Festival 9 Rivertown Art Festival Downtown - Lowell park Route - 1st Presbyterian Church Route - around lake to Pioneer Park Route - Stillwater Jr High Block - 3rd St N Route - Oak Park Elementary Route - River Valley Athletic Club Downtown - Event Denied Downtown - Lowell Park and 2 Parking Lots CITY OF STILLWATER EVENT POLICIES November 27, 2017 1. PURPOSE The City of Stillwater wishes to promote and encourage events in the community as well as a vibrant local economy and maintain and protect the quality of life, public health, safety and welfare for the surrounding community through policies and procedures to ensure a well-run event. 2. EVENT PERMIT REQUIRED Every event held within the City of Stillwater that meets the definitions and standards found in this policy is required to obtain an event permit from the City prior to holding the event. 3. DEFINITIONS The following definitions apply to this event policy: 3.1 Event — For purposes of this policy, an event is any planned gathering including but not limited to celebrations, dances, forums, performances, rallies, social gatherings, concerts, and fundraisers which are appropriate and compliant in accordance with this policy. 3.2 Event Application Procedures — Every applicant must follow the Event Application Procedures when submitting an event application. The Event Application Procedures provides information on how to apply, submittal requirements and review process. 3.3 Events on Private Property a. Events held completely indoors on private property (where allowed) do not require an event permit. b. Events held in part or wholly outdoors on private property in a residential zoning district do not require an event permit. c. Events held in part or wholly outdoors on private property in a non-residential zoning district require an event permit ■ In the CBD Zoning District event permits must be reviewed and approved by the City Council. ■ In all other non-residential Zoning districts, event permits are to be reviewed and approved administratively by City staff. 3.4 Event Threshold — Events held on public property (whether open to the public or not) are subcategorized as "Events", "Special Events" and "Special Events with Contract". Below is a table listing the thresholds of each type of event category. Page 2 of 10 Event Special Event Special Event With Contract A gathering is considered an event when any one of the A gathering is considered a special event when any one of A special event requires a contract with the city when any one of the following thresholds applies: the following thresholds applies: following thresholds applies: 1) Closure of street — One 1) Closure of street — One block 1) Closure of street — block of a residential street is closed for up to 5 hours; or any portion of a commercial street is closed for up to 2 hours. of a residential street is closed for more than 5 hours; or more than one block of a residential street is closed for any length of time; or any portion of a commercial street is closed for 2 hours or more. Substantially disruptive to traffic flow requiring uniform traffic control. 2) Public parking lot use —1 to 2) Public parking lot use —10 9 spaces in a public parking lot are reserved. or more spaces in a public parking lot are reserved. 3) Street use (including 3) Street use (including sidewalks and trails) — The event has a route on a public street(s), sidewalks or trails, such as races, walks, or parades that don't require traffic control and obeys all traffic rules. sidewalks and trails) — The event has a route on a public street(s), sidewalks or trails, (such as a race, walk or parade) that requires street closure, traffic control, street sweeping, or the use of "no parking signs" along the route, or is substantially disruptive to traffic flow requiring uniform traffic control. 4) Number of people in a park 4) Number of people in a park Number of people in a park or or City facility — 250-1000 or City facility -1000-2500 City facility - 2500 or more people including spectators, vendors, performers and volunteers are expected at a time in a public park.1 people including spectators, vendors, performers and volunteers are expected in a public park.1 people including spectators, vendors, performers and volunteers are expected in a public park.1 The event occurs on multiple days, OR extra -ordinary city employee support or city materials are necessary, OR any out-of-pocket expenses2 are incurred by the city, OR cost of City Services is over $1,000. 'Any organized athletic event that has a park reservation approved by the Cty's park reservation staff is not subject to this threshold. City parks include: Future Aiple, Future Bridgeview, Brown's Creek, future Chestnut Street Pedestrian Mall, Liberty Square, Lily Lake, Lily Lake Ice Rink, Lowell, Northland, Parking Ramp, Pioneer, St. Croix Recreation Center, Sunrise and Washington Square. 2Out-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, billables (e.g. postage), and any contracted services. Page 3 of 10 3.5 Event Coordinator — The primary City contact will be the City Administrator or the person designated as Event Coordinator. The Organizer pledges to work with this person regarding Event Planning and the fulfillment of these event policies or conditions of contract. 3.6 Event Organizer — The individual representing the organization applying for the Event. The event organizer must have the authority to bind the organization to agreements made with the City, to receive notice of any kind including routine or emergency notices that when received by the individual will be considered given to the Organization. Notices may be given by email, in person, by telephone or by U.S. Mail. The email address, cell phone number and mailing address of this representative must be given to the City within 30 days of the event. Failure to provide this representative or to keep the representative's contact information current are grounds for cancelation and all rights to conduct the Event. The Event Organizer must be on site during the event. 4. EVENT STANDARDS 4.1 Advertising — It is a violation of this policy to advertise the location of any event requiring a reservation of city property when the organizer has not requested a reservation of city property, has been informed that the reservation is not available, or has been denied. Preliminary approval allowing the applicant to advertise the event may be given upon request, with final details to be determined upon submission of event application. 4.2 Alcohol — Alcohol permit(s) are required for any events at which alcohol will be consumed. Refer to the current city fee schedule for permit costs. a. Consumption Permit is required for any alcohol (wine, strong beer, 3/2 beer or liquor) consumed on public property. If more than 75 people are in attendance of an event, a police officer will be required. b. Temporary Liquor License is required if the event in on city property or on private property and is selling alcohol in the course of the event. To apply for a Temporary Liquor License an applicant must be a non-profit, religious, or charitable organization or club that been in existence for at least three years; a political organization registered under state law or a state university. The Temporary Liquor License application and fee must be submitted 60 days before the date of the event. Contact the City Clerk to obtain a Liquor License application packet. There are two types of Temporary Liquor Licenses: ■ 3.2 beer Temporary Liquor License: A club or charitable, religious or non-profit organization may be issued a temporary 3.2 beer license subject to the Terms (below) set by the City. ■ On -sale spirits, wine and beer Temporary Liquor License: A club or charitable, religious or other non-profit organization in existence for at least three years may be issued a temporary license for the on -sale of intoxicating liquor in connection Page 4 of 10 with a social event within the city/county sponsored by the licensee. The license may not be for more than four (04) consecutive days. This permit must be approved by the City Council 30 days before the event and staff will submit to the Minnesota AGED. c. Terms ■ A temporary liquor license application must be submitted 60 days prior to event and approved by the City Council and the State of Minnesota Alcohol & Gambling Control Division 30 days prior to the event. ■ Liquor will be confined to a specific area of the event with bicycling type fencing around the perimeter. ■ Police Officer(s) as determined by the Police Department will need to be present during service. All entry/exit gates to the dispensing area must be controlled by security personnel while alcohol is being served to insure that no beer or liquor enter or leave the area. ■ Signage will be prominently display at each entry/exit point to notify guests that no liquor or beer will be allowed in or out of the dispensing area. ■ The Organizer will provide at no charge liquor identification bracelets at location(s) as required by Public Safety Staff. The Organizer will permit no one to consume Liquor unless they are wearing an identification bracelet and will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume liquor/beer. ■ Any service of liquor will require server training by either the Stillwater Police Department or an affiliation recommended by the Stillwater Police Department. Certification of Server Training is required prior to receiving the temporary liquor license (3.2 or on -sale). ■ Liquor liability insurance for the day of the event are required. See section regarding Insurance for further details. ■ The Organizer acknowledges that as a liquor license holder for the Event, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on—sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 4.3 Cancellation — Cancellations of events by the event organizer received in writing will receive full refund of deposits and the following refund of event fees (excluding application fee): ■ 20 days prior to event will receive a full refund of event fees. ■ 19 to 11 days prior to event will forfeit 50% of event fees. ■ 10 days or less of the event will forfeit all event fees. The City reserves the right to deny an event should one or more of the following occur: ■ Failure to submit an application within the time periods as outlined above. ■ Requirements of the Event Policy and Procedures are not met. Page 5 of 10 ■ The applicant owes the City of Stillwater, money from another event, services provided or as a result of damages to city property. ■ The use or the event would conflict with previously planned programs organized and conducted by the city or non-governmental agencies previously scheduled for the same time and/or place. ■ The applicant does not comply with all applicable city ordinances, traffic rules, park rules and regulations, state health laws, fire codes and/or liquor licensing regulations. ■ The use or event proposed by the applicant would present an unreasonable danger to the health or safety of the public. ■ The applicant cannot comply with applicable local, state and federal license requirements for all or part of the planned event. ■ The use or event is prohibited by law. ■ The application contains material misrepresentation or fraudulent information. 4.4 Changes to Event — Major changes made to an event after being approved by any Commission or City Council are not permitted without additional approval. Any event that is impacted with an emergency situation such as river flooding, weather issues, etc. will be resolved by Public Safety and Public Works staff at such time a City Council meeting is not available. 4.5 Cleanup of Event — Organizers agrees to remove all items pertaining to the event at the conclusion of the event. The City of Stillwater is not responsible for any items belonging to the Organizer or patrons of event that are remaining after the event. Organizers will reimburse City at cost for the labor, supplies and/or equipment needed or expended should the City find it necessary in their sole opinion to do further cleanup, removal or repairs to the area to its original condition if the site is not repaired within 24 hours of event or as agreed upon. City staff may choose to do a walk-through of venue with Organizer to identify and document any damage before event. Both parties will sign off and reevaluate after the event. 4.6 Crowd Management — Organizers will contribute to the extraordinary cost of providing uniformed, licensed peach officers and fire fighters that are specifically schedule for the event. The contribution level for Police and Fire Fighters is established by the City Administrator. Cost of these services is listed in the current city fee scheduled. Organizers will provide, at no cost to the city, privately paid professional uniformed security officers equipped with radios as determined by the Stillwater Police Chief. All security officers will be suitably identifiable and the number and deployment of the security force must be approved in writing by the Stillwater Police Chief. 4.7 Emergency Action Plan — Organizer must provide a plan of action for emergency preparedness during event, on-site contact information and a communication plan at the time of application. Organizer must notify EMS and Fire Department about event and coordinate a safety plan for the event. Page 6 of 10 4.8 Fees — The City has established an event permit fee schedule in order to recover costs to the city for the operation of events. Charges for event permit fees are found in the current city fee schedule. 4.9 Insurance — The Organizer must provide to the City satisfactory proof that it has obtained liability insurance that names the Event and the City as an additional insured, as loss payees, in an amount of at least $1,500,000 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of both Event and Liquor Liability coverage as described in Minn. Stat. §340A.409, evidenced at a minimum, the coverage described in Minn. Stat. §340A.409, subd. 1 with regard to the Event. a. Liquor Liability Insurance — In addition, the City requires any function that is open to the public and sells/serve alcohol through a temporary liquor license must provide liquor liability insurance for the days of the event. This insurance is required to protect the City's and Organizer's interest. A Certificate of Insurance submitted to the City of Stillwater which must include listing the City of Stillwater as an additional insurer must provide the following minimums: ■ $50,000 of coverage because of bodily injury to any one person in any one occurrence, ■ $100,000 because of bodily injury to two or more persons in any one occurrence, ■ $10,000 because of injury to or destruction of property of others in any one occurrence, ■ $50,000 for loss of means of support of any one person in any one occurrence, ■ $100,000 for loss of means of support of two or more persons in any one occurrence, ■ $50,000 for other pecuniary loss of any one person in any one occurrence, and ■ $100,000 for other pecuniary loss of two or more persons in any one occurrence. 4.10 Materials — Since event use of materials owned by the city (e.g. barriers, cones, signs) creates wear and tear on those materials, that use must be paid for by the event organizer. As long as the equipment and services are appropriate for the event and the event can be run safely in the estimation of city staff, the organizer could contract for services and materials elsewhere. City staff will review application and may adjust how many materials will be required for the event. Cost of equipment and services are set forth in the current city fee schedule. a. Electrical — Public Works Department will open existing electrical boxes on day of event and access allowed according to the current City Fee Schedule. Organizer is responsible to have their own extensions cords. All temporary electrical wiring for events must be performed by a licensed electrical contractor. This requirement also applies to portable generators. b. Portable Restrooms and Handwashing Stations — The Organizer is responsible to furnish portable restrooms and handwashing stations to facilitate expected crowds. The number of portable restrooms and handwashing stations required is solely Page 7 of 10 determined by the Public Works Superintendent. If applicable to the event, City public restrooms will remain open during the Event and the City will supply and equip restrooms, however, the Organizer may be responsible for maintaining, cleaning, staffing and security and supervision for restrooms. If the Organizer elects not to provide these services it must notify the City at least two weeks prior to the event, and in that event, the Organizer will bear the City costs associated with this work. c. Trash Service — Dumpsters or roll—off boxes must be furnished according to a plan approved by Public Works Superintendent in sufficient quantity to contain the accumulation of trash generated by the Event and must ensure that all trash or garbage is collected and hauled away daily in the Event area(s). The Event Coordinator may amend the plan and require additional dumpsters or trash receptacles if the need arises. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. If possible, Organizer will provide recycling and organics containers for the Event. d. Traffic Control Signs and/or Barricades — To ensure traffic and pedestrian control the Organizer must place standard reflective barricades according to a plan approved by the Public Works Director, Police Chief or their designees. Traffic control items may be supplied by the Organizer, or by the City. Charges for the City supply of traffic control items are set forth in the current city fee schedule. The City may place additional traffic control barricades to protect public safety at City expense based upon a plan developed by the Public Works Director and Police Chief or their designees. The plan for placement of additional public safety traffic control barricades shall be shared with the Organizer prior to the event. e. Water (Hydrants) — If access to water main or hydrants is required, the Organizer must make arrangements with the Board of Water Commissions and pay related water fees and water shut off key deposit. Organizer must ensure all potable water sources are from an approved source (private well water is not an approved source). 4.11 Musical Entertainment — Any musical entertainment must be selected with the approval of Public Safety. Public Safety must also review and approve the Media Advertising Campaign before the campaign is implemented. Organizer must provide to the City a complete list of all musical acts along with an estimate crowd size for each. 4.12 Neighborhood Meeting — A gathering that meets the threshold for a "Special Event with Contract" will be required to hold a public meeting to receive input from the surrounding neighborhood. This meeting must be held three weeks prior to the event. Notices for the neighborhood meeting will be prepared and mailed by the City to the immediately adjacent property owners. The organizer will pay for the cost of mailing notices (first class postage, letterhead, envelopes) for the public input meeting. 4.13 Noise Control — The Organizer is responsible to control the noise emanating from the Event at a level that will not interfere with the peace and repose of the residential area Page 8 of 10 surrounding the Event area. Noise control and regulation described in City ordinance Sec. 38-3 prohibits noise between the hours of 10:00 pm and 8:00 am. Any waivers to these hours must be reviewed and approved by City Council. 4.14 Notification Flyer — A gathering determined to be a "Special Event" that does not occur completely within a public park or a gathering determined to be a "Special Event with Contract" must submit a flyer to be distributed as a public notification to all properties immediately adjacent to the event location. The flyer must be submitted with the Event application. City staff will review the flyer submitted with the event application. When approved by City staff, the event organizer distributes the flyer to all households and businesses immediately adjacent to the event venue at their own cost. This flyer must be distributed at least seven days before the event. Items to include on the flyer are: name of event, location of venue, date of event, time of event, list any closure of streets (including times) and contact information for questions. The event organizer is responsible for cost of producing and distributing the flyer. 4.15 Other Agencies — Organizer is responsible for obtaining all agreements and permits with agencies (e.g. MnDOT, MN State Patrol, Washington County Public Health and Environment, Washington County Sheriff, MN Department of Natural Resources, Lakeview EMS, other local communities and any other agencies requiring permits for the event) and must submit copies of permits to the City from other agencies prior to obtaining an event permit. 4.16 Out-of-pocket Expenses — Event permit fees for city services will be limited to the city's out-of-pocket expenses attributable to the event. Out-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, any contracted services and extraordinary use of city equipment for the event. 4.17 Park Usage — Standard park reservation and facility use fees will be required. All groups, including not-for-profit groups and educational institutions must pay deposits and rental of amenities when holding an event. Charges for facility use are set forth in the current city fee schedule. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. New events and Events with Contracts will be reviewed by the Stillwater Parks and Recreation Commission and City Council. 4.18 Parking Lots and On -Street Parking — Use of City parking lots or on -street parking spaces for an event will be reviewed by the Downtown Parking Commission and City Council. Use of downtown public parking lots will be approved only as an alternate or if sufficient space does not exist in Lowell Park to accommodate event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lots for use would be Lots 4, 5, 9, 10 Page 9 of 10 and 11. Only Stillwater Police Department can post parking lot closures and any no -parking signs. Signs will be posted 24 hours in advance of closure. Charges to reserve/use city parking lots and/or parking spaces are set forth in the current city fee schedule. 4.19 Police Services — The Stillwater Police Department will determine the number of Police Department employees and/or Police reserves needed for an event. (Reserves will not be hired in lieu of employees, but as a supplement to employee staffing). The Stillwater Police Department retains the right to require more services than requested if determined to be necessary. Officer rates are set forth in the current city fee schedule. With regard to Event, the City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of these Policies is violated. In that event, the Organizer must assist the police in the clearing of the Event. 4.20 Route Events — Organizer must provide a detailed map of the route and area affected by the event. Traffic can only be stopped by Law Enforcement. Volunteers may assist to guide participants through the route but shall not direct vehicle traffic. All event volunteers working in roadways must wear a "Class 2" safety vest. Location of Law Enforcement, if required, will be determined by the Stillwater Police Department upon review of route. The category "Events" are exempt from having law enforcement since the event doesn't require traffic control and participants obey all traffic rules. To decrease impact on neighborhoods, city services and facilities, the city has set preferred running and bike routes within the City. Please refer to map for potential preferred routes. Any route using State Highway or Washington County roads within the City of Stillwater must provide a copy of their respective permits to the City of Stillwater two weeks prior to the event. 4.21 Sales Tax — If applicable, the Organizer must obtain a State Tax Payer Identification Number and collect any sales or use taxes that are due according to law. 4.22 Signs — Temporary signage for an event (except for permissible banners across Main Street) will be allowed only on the day of the event. The number, size and location of signs must be approved during the event application review process. Only the Stillwater Police Department can post parking lot closures signs and no -parking signs. Permanent signage including but not limited to speed limit signs, directional signs, shall not be removed or covered with event signage. The use of spray paint on roadways, telephone poles, traffic signs, sidewalks/trails is prohibited with the exception of temporary chalk -based materials. All signs must conform to the following standards: ■ Signs may not exceed four (4) square feet in area; and ■ Signs may not be more than three (3) feet in heights above grade; and ■ Property owners must grant permission for placement of any signs on their property; and ■ Signs may not be placed upon any right-of-way, in parks or on public property in a manner that creates a nuisance to adjacent owners, creates a safety hazard or blocks the view of entrances to streets or intersections. Page 10 of 10 ■ Signs may not be placed on any telephone poles, light poles, traffic control signs, etc. 4.23 Site Plan — An overall site plan for the Event that depicts the location of fencing, vendors and any areas within the City, such as parks, parking lots or routes that are proposed for use for the Event must be submitted with application. Additional items such as traffic control plans, locations of first aid, volunteer locations, water stations, spacing of vendors, barricade placement, portable restroom locations, trash location, electrical boxes needed, alcohol service area, tent locations, enter/exiting, etc. must be included on site plan. 4.24 Tents — Several city parks are maintained by a buried irrigation system. Therefore, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used. No staking is allowed on city parking lots or streets. Stillwater Public Works will provide irrigation locates in areas where tents will be staked according to approved site plan prior to event at no additional cost. No camping in tents, trailers or campers is allowed during the events. Organizer must arrange to have Stillwater Fire Department inspects large tents before use. 4.25 Vendors — The Event Organizer is responsible for overseeing the requirements of all vendors. Below is a list of the Event Organizers responsibilities. ■ The Organizer agrees to inform any vendors that there is no camping permitted in any park or any City parking lots. ■ The Organizer agrees that any vendor using cooking facilities including propane tanks, generators, electrical hookups, etc. will be inspected for safety by the Stillwater Fire Department and Washington County Public Health and Environment and Minnesota electrical inspector (if required). Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. ■ The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Public Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's sanitary or storm systems. ■ The Organizer is required to obtain proof of license for all food vendors, this includes vendors that are sampling, merchandising, or marketing food (e.g. salsa, jams, honey) and submit copies to Washington County Public Health and Environment as well as make sure all vendors have submitted their Washington County special event license. ■ Organizer must submit a list of food vendors and site map, showing distance between food vendors to Stillwater Fire Department and Washington County Public Health and Environment two weeks prior to the event. ■ Private parties on City property having a food truck must be inspected by Stillwater Fire Department. PROPOSED EVENT FEES CHANGES/UPDATES Application Fee — Add one item Event Special Event Special Event With Contract Late Application Fee: $100 Late Application Fee: $100 Late Application Fee: $100 Base Fee and Deposit — Change the $500 Event Impact Fee (if applicable) and the $750 refundable damage deposit to the following: Event Special Event Special Event With Contract No event base fee required $500 per day* Base Fee $1,000 per day* Base Fee subject to negotiated contract provisions. Events with Routes — No participant fee required Events with Routes — $1 per registered participant Events with Routes — $1 per registered participant $100 refundable damage deposit if using a park $1,000 Security Deposit $1,000 Security Deposit subject to negotiated contract provisions. *Per Day includes each day of event. Separate load -in day fee of $500/day will apply. Liquor License and Consumption Permit — No changes Materials — Add one item Portable toilet additional service $25/unit/service Stillwater Park Fees — Update (current practice but needs to be added to current fee schedule) All groups, including not-for-profit groups and educational institutions must pay deposits and rental of amenities when holding an event. Fire Services — Update (current practice but needs to be added to current fee schedule) Fire Department Personnel Overtime Rate — 2 hour minimum Police Services — No changes Parking Space Usage Fee — No changes City Services — Update (current practice but needs to be added to current fee schedule) Event permit fees for city services will be limited to the city's out-of-pocket expenses attributable to the event. Out-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, any contracted services and extraordinary use of city equipment for the event. CITY OF STILLWATER EVENT APPLICATION PROCEDURES Producing an event requires preparation and planning to ensure a well-run event. It is essential for the event's success that the procedures outlined below are followed. It is the purpose of these event procedures to assist the organization in planning successful events while providing a process whereby the City of Stillwater can review the specific types of events being held and assess applicable policies and address concerns regarding liability exposure. This document provides explanation and mandatory procedures for holding an event in the City of Stillwater. 1. EVENT DATES Contact 651-430-8837 to check availability of dates to hold your event within the City of Stillwater before submitting event application. 1.1 An Event Application can be submitted one year in advance of the event. Past events will have priority if scheduling conflicts arise. City staff will contact previous event organizer to allow first right of refusal. 2. EVENT POLICIES Review the Event Policies and current fee schedule before submitting event application. Check box on the Event Application that policies have been reviewed. 3. APPLICATION SUBMITTAL 3.1 Application Fee — Event application must be submitted along with applicable application fee. Fee may be paid with credit card by contacting the City of Stillwater or submit check payable to the City of Stillwater with the application. Refer to the current city fee schedule for application fee. 3.2 Submittal Due Date — Submit the City of Stillwater Event Application before submittal due date along with required supporting documentation (see event application for items needed on the supporting documents). Event Special Event Special Event With Contract Application due 30 days prior to event with no application fee. Application due 90 days prior to the event with application fee. Application due 120 days prior to event with application fee. 3.3 Incomplete or Late Application — Incomplete applications will be returned to the applicant. Any application submitted after application submittal deadline will be charged a late fee. Late applications may jeopardize the ability to receive event approval. Failure to pay application fees may result in a dismissal of application. Page 2 of 3 3.3 Submit completed application packet to: Attn: Beth Wolf or City of Stillwater email to: bwolf@ci.stillwater.mn.us 216 N. 4th Street fax to: 651-430-8810 Stillwater, MN 55082 4. APPLICATION REVIEW Completed event applications will be reviewed through the following review process. 4.1 Preliminary review by city staff to ensure event application is complete (usually within one week). Acceptance of application, should in no way be considered final approval of event. 4.2 Further review of application may take place at the Downtown Parking Commission, Stillwater Parks & Recreation Commission and/or City Council. Organizer will be notified on the dates of those meetings (if required). 4.3 Three weeks prior to event, estimated event fees are due. An Invoice will be mailed to the event organizer. 4.4 15 days prior to the event the Organizer must submit the following ■ Final site plan ■ "Load -in" and "Load -out" schedule ■ Certificate of Insurance ■ Copies of other agencies permits that are involved in the event ■ List of food vendors ■ Updated Emergency Action Plan 4.5 An event permit and/or contract will be issued when event application has completed the review process and been approved, any additional permits are issued, event fees have been paid and applicable insurance has been received. 4.6 The City may require a walkthrough of the event site before and/or after the event. 5. EVENTS ON PRIVATE PROPERTY 5.1 For events held on property located in the CBD Zoning District a. The event organizer must submit a complete event permit application form with event venue site plan to the Community Development Department. No fee is required. Page 3of3 b. The Community Development Department staff will review and route the application to the Public Safety, Public Works and Administration Departments for review and comments. c. The Community Development Department will assemble the comments and write a review report that will be placed on the consent agenda of the next available City Council meeting for action. d. If the event permit application was approved by the City Council, the Community Development Department will issue the event permit. If the event permit application was denied by the City Council, the Community Development Department will notify the event organizer of the decision. 5.2 For events held in all other non-residential Zoning Districts a. The event organizer must submit a complete event permit application form with event venue site plan to the Community Development Department. No fee is required. b. The Community Development Department staff will review and route the application to the Public Safety, Public Works and Administration Departments for review and comments. c. The Community Development Department will assemble the comments and issue the event permit, if found acceptable to the reviewing departments. If not found acceptable, the Community Development Department will write a review report that will be placed on the next available City Council meeting agenda for action. 5.3 Events held on private property and serving alcohol during the course of the event must apply for a Temporary Liquor License and follow all applicable rules. 6. OTHER CONTACT INFORMATION City of Stillwater, Administration Community Development Department Fire Department Police Department Public Works Department Water Board Lakeview EMS Department of Natural Resources Minnesota Department of Transportation Washington County (events) Washington County Public Health & Environment 651-430-8800 651-430-8820 651-351-4963 651-351-4900 651-275-4100 651-439-6231 651-430-4621 651-259-5875 651-234-7500 651-430-4313 651-430-6698 or phe@co.washington.mn.us MISSION STATEMENT To provide the community with a quality living environment, quali- ty public services and facilities while protecting cultural, histori- cal and natural resources through fair and open government, careful planning, effective management and efficient fiscal policy CORE VALUES *Respect* Honor the diverse contributions of all to the betterment of the or- ganization and community; treat all parties equitably. *Integrity* Ethical and principled approach dealing with issues, individuals and community; Earns others' trust and respect though con- sistent honesty and professional- ism in all interactions. *Trust* Truthful, open and accountable in all interactions *Quality* Excellence, pride and stewardship in delivery of best possible cus- tomer service with effective and efficient outcomes. *Competence* Strives for continuous improve- ment in self, community assets and management of resources Strategic Plan Summary 2015-2020 How can the City of Stillwater illw*s THE BIRTHPLACE OF- MINNESOTA Develop Organization Excellence • Engage & Develop City Council • Maintain High Community Standards • Increase Organization Excellence Develop Our Community • Create an Economic Development Strategy and Promote Economic Development • Update City Comprehensive Plan • Review Events Strategy and Policies • Foster an Active and Engaged Community Sustain Strategic Planning and Implementation • Commit to Strategic Planning • Implement and Launch Capital Improvement Plan • Develop a Legislative Agenda Develop Organization Excellence Develop Community Strategic Planning P Implementation -> Implement State Performance Management Plan Create City Council Manual Update Council Code of Ethics Policy Develop Staff Performance Evaluation System Create Community Communication Strategy and Branding Initiative Value City Employees Create Economic Development Strategy Update Economic Development Chapter of City Comprehensive Plan Update Comprehensive Plan Complete City Park Plan for Community Review City Events Strategy and Update Event Policies Conduct regular Strategic Planning Sessions with Council and Staff Review Department Vision and Goals Remodel Police Department and Upgrade City Hall Develop CIP Funding Plan within City's Debt Service Standards Develop a Legislative Agenda 111Iwat� • i. •• 1.1 MI Wo kt ea 1 City of Stillwater 2020 Practical Strategic Vision Update - December 2017 Key 0 = added item from 2017 work session, ' = In progress GOAL I Develop Organizational Excellence Strategic Initiative: Engage & Develop City Council ACTIO RESPONSIBLE PARTY TIMELINE MPLEMENTATION OUTCOME/MEASURE STATUS Update Council Code of Ethics Policy City Administrator /City Clerk / Staff / City Attorney / City Council 4th Quarter 2015 Updated Council Code of Ethics adopted by City Council UW -RF program presented report - staff review underway. Create Council Member City Manual City Department Staff / City Council 1St Quarter 2016 Manual available as a resource of City operations for Council Members. UW -RF program presented report - staff review underway Strategic Initiative: Maintain High Community Standards ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS Develop program & service outcomes to measure performance; consider implementing State of Minnesota performance management plan for City City Administrator / Department Heads/ Council On going Departments establish perf. outcomes; results included in annual reports. State approves application for Performance Plan. Ongoing - City wide annual report completed spring 2017. Strategic Initiative: Increase Organizational Excellence ACTION Develop staff performance evaluation system and conduct regular performance evaluations RESPONSIBLE PARTY TIMELINE 1 IMPLEMENTATION OUTCOME/MEASURE Performance evaluation system implemented; annual evaluations being conducted STATUS Initiated in 2016; electronic system launch 2017, fully operational in 2018. City Administrator / HR Manager / City Clerk 3rd Quarter 2016 - 2018 Value City employees - create professional development opportunities, succession planning, employee orientation programs City Administrator / HR Manager / Dept. Heads/ Proposals to be included in annual budget requests _ Employees motivated to seek professional development and advancement opportunities; provide higher quality customer service Underway; revised recruitment process, orientation/on- boarding process. Ongoing staff training programs offered. GOAL II Develop Our Community Strategic Initiative: Promote Economic Development and Create Plan ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS QQ Develop Economic Development Strategy (that creates tax base, orderly development and job opportunities). City Administrator / Com. Development Director/City Attorney/City Council 4th Quarter 2017 - 4th Quarter 2018 Council conducts Economic Development work session; develop and adopts strategy. Complete industry sector analysis 3rd -4th quarter 2018. *Ordinance amend. for review of use change in downtown structures adopted. *Short term rental ordinance adopted. *Concept plan completed for Aiple property; land transfer from county completed. Draft of DT Market analysis completed for DT Plan Update. Update Economic Development Chapter of City Comprehensive Plan Community Development Director - City Council 2017-2018 - (part of City Comprehensive Plan Update) Approval by Met Council 2018- 2019 Activity underway 2017-2018. Strategic Initiative: Update Overall Downtown Plans ACTION RESPONSIBLE PARTY TIMELINE 1 IMPLEMENTATION OUTCOME MEASURE STATUS Develop and Update Downtown Chapter in City Comprehensive Plan Community Development Director / City Council 4th Quarter 2015 - 4th Quarter 2017 Updated Downtown Chapter in City Comp Plan and approved by Met Council in 2017 Advisory Committee work complete. Draft complete June 2017. Complete Overall City Park Plan for Downtown and the community. City Planner / PW Sup / Parks Commission / City Council 2016-2018 Inclusion in City Comprehensive Plan update approval by Met Council in 2018/2019. Activity to begin in late 2017 - early 2018. QQ Develop maintenance plans for Aiple and Bridgeview parks - summer and winter PW Superintendent & staff / Parks Commission 4th Quarter 2017 - 1St Quarter 2018 Operational plans complete, ID grant opportunities, update CIP to include park amenities in future years. Maintenance planning team being formed. QQ Develop and Update Comprehensive Plan Community Development Director / City Council 2017-2019 Updated City Comp Plan completed and approved by Met Council in 2019 Advisory Committee formed, vendor contract approved, meetings started in 2017. Strategic Initiative: Redefine Events Strategy and Policy ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS Review Stillwater Events Strategy City Administrator & Community Development Staff / City Council / Public Works Supt./Parks Secretary 4th Quarter 2015 - 4th Quarter 2017 Council approves Stillwater Events Strategy Review strategies in conjunction with policy updates noted below Review and Update Special Events Policies and Programs Consistent with Events Strategy City Administrator & Community Development / City Council/ Parks Secretary 1St Quarter 2016 - 3rd Quarter 2016 Updated Special Events policies and programs approved by Council; changes effective for 2018. Draft policy updates reviewed by Parks & Recreation Commission in 1St - 3rd quarters 2017. Final draft document to Council 4th quarter 2017. Strategic Initiative: Foster An Active and Engaged Community ACTION 1 RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS O* Create Communication Strategy and Plan City Council / City Administrator 4th Quarter 2017 — 2nd Quarter 2018 Form communication team, develop strategy and plan, push out communications on all channels. New City website launched June 2016. Social media sites active. QQ Develop City Branding Policy Initiative - "Brand that communicates City is a unique, all -season community to live, work and play". City Administrator / City Council /Communications Team 4th Quarter 2017 — 2nd Quarter 2018 Fund process, hire firm, develop brand/message, reveal results. Funds available in proposed 2018 budget Strategic Initiative: Enhance a Vibrant & Connected Downtown as a Destination for Residents & Visitors ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS O* Develop additional arts & cultural sites / opportunities in Downtown City Council / City Administrator 4th Quarter 2017 — 3rd Quarter 2018 Complete DT plan & Special Events Policy, complete parking & traffic study following bridge closing; increase public boat slips (open levy wall to boats?). Initial traffic counts on city streets completed. GOAL III Sustain Strategic Planning & Implementation Strategic Initiative: Commit to Strategic Planning ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS Conduct regular strategic planning meetings with Council and Staff City Administrator / City Council Conduct strategic planning work sessions every six months (spring and fall). Update status and results of strategic initiatives Biannual reviews (May & November) with City Council being conducted. Review Department vision and goals Department Managers Oct. 2015 - Dec. 2017 Dept. vision and goals are aligned with City Strategic Plan Elements Ongoing. Make tough decisions Staff and City Council Immediate Consistent application of policies and procedures Ongoing. Strategic Initiative: Commit to/ Implement and Launch Capital Planning ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS Develop and Implement realistic and functional Capital Improvement Plan (CIP) Department Heads / Finance Director / City Administrator / City Council Complete 2018- 2022 CIP by November 2017. Annual CIP update by August 1. City Council approves CIP consistent with City Strategic Plan and City Comprehensive Plan. Completed and Ongoing. Accelerate 5 -year CIP to fund priority needs within 2 years Dept. Heads / Finance Director/ City Administrator / City Council Review as part of Annual Budget Process City Council included Capital Improvement budget as part of annual budget approval. Completed and will continue for 2018. Remodel Police Department and Upgrade City Hall Police Chief / Community Dev. Dir. / City Adm./ Finance Director / City Council Phase 1- 2016 Phase 2 - 2017 Phase 3 - 2018 City Council approval of Phase 1 & 2, construction completed on budget & schedule, PD operates from remodeled space. Construction for Phase 1 and Phase 2 substantially complete. Phase 3 included in 2018 budget. Develop a CIP funding plan that fits with current debt service standards City Administrator / Finance Director / City Council Annual Budget Proposals Annual and long term City CIP funding plan comports with state, city and financial consultant debt service policies and practices. 2018 CIP and op budget processes underway. Capital carryover requests to be minimized in 2018. Strategic Initiative: Develop a Legislative Agenda ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS Develop a Legislative Agenda Dept. Heads / City Administrator / City Council Integrate into annual process commencing 3rd quarter of year. Identify legislative issues, meet and share issue positions with State elected officials -High priority = St. Croix Riverbank Protection funding. Completed for 2015-16 and 2016-17 legis. cycle. Complete review process and share with legislators by November 2017 for 2017-18 legis. cycle. Completed Action Items: I. Develop Organizational Excellence *Create and fill Human Resources Manager position *Create and fill Zoning Administrator position *Complete and Implement Class/Comp analysis II. Develop Our Community *Evaluate Economic Development staffing *Update Downtown Chapter of Comp. Plan *Economic Development Strategies Completed III. Sustain Strategic Planning & Implementation *Develop and Implement CIP *Accelerate CIP to fund priority needs in 2 years *Remodel Police Dept. and Upgrade City Hall *Develop Legislative Agenda Completed April 2016 Completed January 2017 Completed August 2017 Collaborate with County Econ. Devel. Director - 2016 Draft DT Plan completed June 2017 Short term rental ordinance adopted 2017. Zoning ordinance updates for large DT development -2017. Aiple property transfer to City - 2017. Included in annual budget process. Council approved CIP priorities in 2016 and 2017 budgets. Phases 1 & 2 substantially complete - fall 2017. Annual process to develop priorities & share with state legis. Stii iwa ter Administration TO: Mayor & Council FROM: J. Thomas McCarty, City Administrator Sharon Harrison, Finance Director SUBJECT: 2018-2022 Capital Improvement Plan DATE: November 22, 2017 INTRODUCTION On behalf of the City's management team we are pleased to present the City of Stillwater's Capital Improvement Plan for years 2018-2022. The City's Management team and their respective staff worked diligently to produce this document. The purpose of the City's Capital Improvement Plan (CIP) is to use long range planning as a tool to identify community needs, match those needs to available resources and to set priorities for supporting investments in public infrastructure. The CIP is also a method of planning for the City's capital improvements and scheduling the expenditures over a period of years to moderate broad swings in property tax rates from year to year. In addition, the CIP provides an opportunity to review and time capital projects so individual neighborhoods and areas of the City are not subject to multiple continuous years of construction projects. A well planned and prepared CIP enables the City to realize a number of benefits: • Major public improvements can be anticipated in advance, rather than overlooked until critically needed. Thus, large expenditures can be budgeted over a period of several years. • The CIP allows the City to take a long-range view of needed improvements and determine priorities and options for repair, replacement, acquisition and construction for capital investment in future developments. • Community development projects contained in the City Comprehensive Plan are more likely to be implemented when included in the Capital Improvement Plan priority analysis (i.e. traffic improvement projects, a total permanent street network, utility system improvements). • The CIP enables the City Council to focus on the needs of the entire City and to balance those overall needs with the interests of groups and proponents of special projects. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us • Projects can be scheduled within the City's anticipated financing ability, including the necessary analysis of various sources of revenue. • Capital programming and planning permits better coordination between the various City departments, and facilitates coordination with other government agencies. • Capital planning improves the City's ability to use State and Federal financial assistance programs. Applications can be timed to fit the development schedule. • Capital planning improves the City's ability to budget by assuring recognition of the operational impact of capital projects. CIP FUNDING Funding of projects included in the CIP in any particular year is subject to City Council budgetary appropriations included in the approved annual City budget. The CIP will be administratively updated each year during the annual budget cycle based upon Council, staff and community input; e.g., in 2018 the CIP will be updated for 2019-2023. It should be noted that revenue and expenditure estimates are the best currently available and are subject to change in the future. The CIP is dynamic and subject to change based upon budgetary priorities established during the annual budget cycle and the potential that unanticipated capital needs may take precedence over planned projects. RECOMMENDATION Staff recommends adoption of the Resolution titled "Approval of 2018-2022 Capital Improvement Plan (CIP) for the City of Stillwater". APPROVAL OF 2018-2022 CAPITAL IMPROVEMENT PLAN WHEREAS, City Staff has prepared a Capital Improvement Plan (CIP) for 2018-2022 based upon planned capital improvement projects included in the comprehensive plan and input from staff ; and WHEREAS, this CIP is a guideline of the City's capital improvement projects planned for 2018-2022; and WHEREAS, funding requests for capital projects included in the CIP are formalized and approved by the City Council in the City's annual budget approval process. NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, MN that the 2018-2022 Capital Improvement Program (CIP) is hereby approved. Adopted by the City Council of the City of Stillwater this 5th day of December, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk iltwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES November 21, 2017 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:02 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Absent: Councilmember Polehna Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of November 7, 2017 regular and recessed meeting. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the November 7, 2017 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Ray Stevens, Stillwater Lions Club, asked if the Lions Club emblem, which had been on the Stillwater city limits sign, can be put back in place. Public Works Director Sanders stated he will check into it. STAFF REPORTS Police Chief Gannaway told the Council that the open house for the remodeled Police Department on November 20 went well. Fire Chief Glaser reminded residents not to put a frozen turkey in the deep fryer. Community Development Director Turnblad stated that consultants are gathering information for the 2040 Comprehensive Plan update and the next advisory committee meeting will be in January. City Council Meeting November 21, 2017 Public Works Director Sanders stated the concrete has been poured for the Main Street stairs and they may reopen in mid-December at the earliest. Finance Director Harrison informed residents of the Truth in Taxation meeting set for 7 p.m. December 5. CONSENT AGENDA Resolution 2017-224, directing payment of bills Resolution 2017-225, approving address change of tobacco license for Northgate, Inc., DBA: Still Tobacco Resolution 2017-226, approving issuance of a new On -Sale and Sunday Liquor Licenses to Oasis Cafe, Inc., DBA Oasis Cafe Resolution 2017-227, approving issuance of a new On -Sale and Sunday Liquor Licenses to Brick & Bourbon Stillwater, LLC, DBA Brick & Bourbon 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 Resolution 2017-229, resolution approving contract for architectural and engineering services for St. Croix Valley Recreation Center improvements Possible approval to purchase hardware/software upgrade for SCADA system Resolution 2017-230, adopting delinquent sewer charges Project No. 0001 Resolution 2017-231, resolution adopting deferred assessments for 2017 Street Improvement Project (Project 2017-02, L.I. 413) Resolution 2017-232, approval of contract for an organizational review project with George; Purpose, People, Performance Ltd. 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 Resolution 2017-234, adopting delinquent garbage bill charges Project No. 0002 Resolution 2017-235, approval of the Letter of Understanding for Impound Housing Services for 2018 Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Discussion on Zoning Text Amendment to allow a cigar shop and sampling room in the Central Business District Community Development Director Turnblad provided background on the case, which was tabled from the November 21, 2017 meeting. The proposed amendment provides that tobacconists would Page 2 of 5 City Council Meeting November 21, 2017 be allowed in the Central Business District (CBD) by Conditional Use Permit (CUP). He discussed the main points in the proposed draft of the revised ordinance. Tobacconists in the CBD would have to meet the following performance standards: 1) indoor smoking shall be limited to a self-contained sampling area; 2) a separate air exchange system, designed by a licensed mechanical engineer, shall be installed in the self-contained sampling area. 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; and 3) an engineered fire suppression system, reviewed and approved by the Stillwater Fire Department, shall be installed in the self- contained sampling area. Councilmember Weidner remarked that zoning text amendments may only be approved when serving the public necessity, promoting general public welfare and good zoning practice. He is not sure how the general community welfare is improved by allowing tobacco shops. He acknowledged that he smokes cigars. Mr. Turnblad stated that the findings of fact that are necessary to adopt a zoning text amendment leave a lot of latitude for judgment of elected officials to determine what is in the public interest. Councilmember Menikheim commented that he began to understand the concept of necessity when he spoke to a friend who told him if a cigar shop were allowed in Stillwater, he would not have to go to St. Paul to buy cigars. He asked how the sampling room would be sealed to prevent seepage of smoke. Community Development Director Turnblad responded the sampling room would be in the rear of the shop. It must be a smoke -tight room, but there is no definition of "smoke -tight" or how it would be measured. The biggest problem would be when the door to the sampling room is opened, the pressure should be intended to draw air in. The fresh air from outside is drawn through the room, filtered and then exhausted back outside. Councilmember Junker stated that he checked some of the other cigar shops around the Twin Cities. He realizes the proposed filtration system is more advanced, but the shops he visited had filtration systems and yet were still extremely smokey and the cigar smoke could be smelled out on the sidewalk. He has a problem with the public health implications of the text amendment. Because the proposed shop location is not a separate building, the smoke could affect neighbors in the apartments upstairs and next door. He received about 12 emails from people opposed to the amendment. Mayor Kozlowski stated he loves the idea of adjusting the retail mix downtown, but he struggles with approving the text amendment because he does not like the risk ratio. If there were any smoke seepage at all, he would feel terrible. He feels the City does not have the standards to back up assurances that it would not have a negative impact on public safety and health. Councilmember Weidner mentioned that he frequents cigar shops often. He acknowledged that the applicants are responsible owners who have a good plan, but he feels that the amendment is too sweeping because it would open the door to many more cigar shops downtown. Motion by Councilmember Junker, seconded by Councilmember Weidner, to deny a Zoning Text Amendment to allow a cigar shop and sampling room in the Central Business District. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None Page 3 of 5 City Council Meeting November 21, 2017 NEW BUSINESS Possible approval of construction staging area plan for the Lift Bridge Conversion Project Community Development Director Turnblad reviewed the proposed staging and parking area for the lift bridge conversion project. MnDOT and the contractor would like to reserve nine parking spaces in Municipal Lot 4 for construction management and tradesmen. The Downtown Parking Commission and staff recommend approval with two conditions: 1) the location of the trailers be switched and 2) instead of reserving nine spaces, require the contractor to buy nine monthly parking passes which could be used for parking in any permit lot. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to approve the plan as originally proposed, reserving nine designated parking spaces in Lot 4 for construction management and tradesmen. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None Possible approval to prepare feasibility study for 2018 Street Improvement Project (Project 2018-02) Public Works Director Sanders requested that the Council authorize preparation of a feasibility study for 2018 street improvements. He explained the streets that will be considered for the improvement project. Councilmember Junker asked if the portion of Union Alley behind JX could be added. Mr. Sanders stated the specifications could be changed to include Union Alley from Chestnut to Commercial rather than to Myrtle. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2017-236, resolution ordering preparation of feasibility report for 2018 Street Improvement Project (Project 2018-02). Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications or requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE PURSUANT TO MN STAT. SEC. 13D.05 (121 CHESTNUT ST E) Mayor Kozlowski adjourned the meeting to closed session at 7:52 p.m. Ted Kozlowski, Mayor Page 4 of 5 City Council Meeting November 21, 2017 ATTEST: Diane F. Ward, City Clerk Resolution 2017-224, directing payment of bills Resolution 2017-225, approving address change of tobacco license for Northgate, Inc., DBA: Still Tobacco Resolution 2017-226, approving issuance of a new On -Sale and Sunday Liquor Licenses to Oasis Cafe, Inc., DBA Oasis Cafe Resolution 2017-227, approving issuance of a new On -Sale and Sunday Liquor Licenses to Brick & Bourbon Stillwater, LLC, DBA Brick & Bourbon 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 Resolution 2017-229, resolution approving contract for architectural and engineering services for St. Croix Valley Recreation Center improvements Resolution 2017-230, adopting delinquent sewer charges Project No. 0001 Resolution 2017-231, resolution adopting deferred assessments for 2017 Street Improvement Project (Project 2017-02, L.I. 413) Resolution 2017-232, approval of contract for an organizational review project with George; Purpose, People, Performance Ltd. 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 Resolution 2017-234, adopting delinquent garbage bill charges Project No. 0002 Resolution 2017-235, approval of the Letter of Understanding for Impound Housing Services for 2018 Resolution 2017-236, resolution ordering preparation of feasibility report for 2018 Street Improvement Project (Project 2018-02) Page 5 of 5 EXHIBIT "A" TO RESOLUTION #2017-237 Page 1 LIST OF BILLS A-1 Hydraulic Sales & Service Accela Inc Advance Auto Parts Amano McGann Inc Aspen Mills AutoNation Babcock Matt BDI Gopher Bearing Becker Fire Safety Services LLC BHE Community Solar Bryan Rock Products Inc. Cascade Subscription Service Inc. Century Link Cole Papers CoStar Realty Information Inc Coverall of the Twin Cities Cub Foods Esch Construction Supply Fastenal Company FleetPride Fuchs Anne Fuhr Trenching Gertens Wholesale Goodyear Commercial Tire Hassis Yard Services Hawk Labeling Systems Heritage Printing Inc. Herzog Joshua Hildi Inc Hudson Ford Mercury J.B. Contracting Jahnke Brian Kath Companies Kellington Construction Magnuson David Mansfield Oil Company Menards Metropolitan Mechanical Contractors MN Pollution Control Agency Multiple Concepts Interiors My Alarm Center NAPA Auto Parts Nuss Truck & Equipment Office Depot O'Reilly Auto Parts Equipment repair supplies HR Applicant Tracking - Annual Equipment repair supplies Gate arm Credit from 2015 Vehicle repairs Reimburse for work boots Equipment repair supplies Extinguisher service Solar Garden Aggregate Firehouse & ESPN subscription Telephone Janitorial supplies Property professional Commercial Cleaning Services Cookies and fruit for open house Diamond core bit Equipment repair supplies Equipment repair supplies Park Fee Refund Trail improvements Holiday deco Tires Mowing service Office supplies Newsletter Structural engineering Actuarial valuation under GASB 45 Vehicle repairs Building repair Reimburse for sewer test Fuel oil - Aiple house Police project Professional services Fuel Supplies Equipment repair Certification fee Police project Alarm Monitoring Services Auto supplies Filters Office supplies Filters 719.86 1,505.81 47.46 185.00 87.22 39.73 147.69 136.28 616.95 3,931.91 1,001.14 399.00 129.45 156.42 376.83 2,312.00 190.05 190.00 327.18 181.42 150.00 2,300.00 144.27 4,929.32 100.00 178.90 1,681.50 4,800.00 3,550.00 294.54 1,280.00 55.00 3,840.35 25,500.27 11, 245.16 4,469.44 298.98 485.17 45.00 15,095.50 98.82 172.62 57.91 66.03 14.99 EXHIBIT "A" TO RESOLUTION #2017-237 Performance Plus LLC Phasor Electric Company Pinnacle Wall Systems Ponto Jerald Pro -Tec Design River Valley Printing Inc. Safety Signs ServiceMaster St. Croix Boat and Packet Co. Stillwater Motor Company Streichers Stripe A Lot Doug McLean dba T.A. Schifsky and Sons TBEI Inc/Crysteel Manufacturing Telemetry and Process Controls Thelen Heating & Roofing Titan Machinery Shakopee Towmaster Tri-State Bobcat Truck Utilities Inc. Twin City Powder Coating USAble Life USPCA Region 18 Verizon Wireless Visual Labs Walmart Community Wasche Commercial Finishes Washington County Hazardous Waste Wellner Wade CREDIT CARDS Amazon.com Backgroundchecks.com Crocket Hotel Holiday Inn Kwik Trip Lockpicks.com Minnesota Sheriffs Association NREMT Racine North Rose Floral Sam's Club Specialized Training Walmart.com WebstaurantStore West Marine Drug screen Police project Police project Refund of ramp change not given Professional service Business cards Traffic control Commercial cement cleaning Ramp cleaning Vehicle services Uniform supplies Parking stripes Aggregate Equipment parts Lift station repairs Police project Equipment repair supplies Install new Ultra 6100 controller Equipment rental Equipment repair Benches Term Life Insurance Detector certification trial Wireless services Body cameras Supplies Police project Hazardous Waste Collection Program Reimburse for Boots Supplies Background checks Hotel for conference Lodging Cookies Lock picking tools Training EMT Computer equipment Floral arrangement Fire Breakfast Training Supplies Coffee makers & supplies Vehicle repair supplies Page 2 45.00 950.00 20,743.25 15.00 44.00 184.00 1,605.80 1,953.00 810.00 29.24 488.95 425.00 906.88 1,039.00 285.60 17,401.15 193.46 16,449.00 2,695.00 450.00 750.00 468.00 70.00 2,324.81 14,848.00 90.24 1,034.55 39.00 112.11 279.06 121.35 700.52 257.78 209.30 166.27 70.00 160.00 1,900.00 278.47 536.26 599.00 735.68 1,132.86 157.30 EXHIBIT "A" TO RESOLUTION #2017-237 Page 3 REC CENTER 1ST Line/Leewes Ventures LLC Al's Coffee Company Ammonia House Inc. Arrow Hockey & Sport AT&T Mobility Cemstone Ready Mix Inc Comcast Corval Constructors Holiday Credit Office Ice Skating Institute J.H. Larson Company Menards Riedell Shoes Inc. Sentry Systems Inc. St. Croix Boat and Packet Co. Twin Cities Dots & Pop LIBRARY Baker and Taylor Brodart Co Cengage Learning Hedin Sue Heritage Printing Inc. Kjelshus Frame Design Master Framers Inc Master Mechanical Inc. Midwest Tape MN Supply Company Premier Lighting Inc Recorded Books Inc Toshiba Business Solutions LIBRARY CREDIT CARDS Amazon.com American Library Association Dominos Pizza Valley Bookseller Snacks for concessions Hot beverages & supplies for concessions Parts for compressors Tape for concessions Cell phone Equipment repair TV Internet & Voice Equipment repair Fuel Skater memberships Equipment repair supplies Supplies Skates Alarm monitoring Arena Billing Candy for concessions Materials Materials Materials Staff Reimbursement for Gallery Newsletter Frames Lawson Teen Room Boiler Repair Materials Teen Room (Lawson) LED Retrofit Materials Maintenance Contract Supplies Memberships Programs Programs 836.10 1,083.35 6,722.51 618.67 66.94 594.50 373.83 1,996.07 13.96 1,149.00 1,649.97 397.31 176.98 140.85 63,490.34 382.08 1,079.27 4,875.82 7.71 82.54 2,280.00 237.00 1,123.55 1,006.88 693.23 1,119.00 2,149.52 12.87 73.49 568.89 253.00 18.50 30.00 EXHIBIT "A" TO RESOLUTION U2017-237 Page 4 NOVEMBER MANUALS Welsh Stephen Flaherty & Hood Home Energy Center MN UI Fund Century Link UB Refund Library Classification appeals Refund of permit Unemployment Insurance Telephone & alarms 61.75 1,737.50 59.60 2,136.00 216.56 STAFF REQUEST ITEM Department: Fire Date: November 17, 2017 DESCRIPTION OF REQUEST (Briefly outline what the request is) The Stillwater Fire Department was awarded a 2016 Federal Staffing for Adequate Fire and Emergency Response (SAFER) Act Grant on September 8, 2017. This grant was given to SFD to conduct a strategic staffing study. Attached is the scope of work and contract to provide this service. 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) Grant award covers the entire cost of the consultant and contract for service. SAFER Act Award $35,000 City Contribution $ 0 ESCi Contract $34,877 $ 123 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: Stuart W. Glaser, Fire Chief Date: November 17, 2017 Emergency Services Consulting International Providing Expertise and Guidance that Enhances Community Safety PERSONAL SERVICES CONTRACT This agreement made this day of 2017, by and between City of Stillwater and Emergency Services Consulting International doing business as an Oregon corporation in Wilsonville, Oregon, hereinafter called ESCI. WITNESSETH: 1. For and in consideration of the payment, agreements, and scope of work herein attached as Attachment A to be made and performed, Client and ESCI hereby agree to commence and complete the consultation, to provide the work described, and comply with the terms of the contract to conduct an Fire Department Staffing Needs Assessment and Strategic Plan (Project). 2. ESCI will furnish labor, materials, and other services necessary to complete the Project for Client, and Client shall provide to ESCI the information, data, and assistance required as specified in the attached scope of work. 3. Fees: The Client shall pay ESCI a sum not to exceed Thirty Four Thousand Eight Hundred Seventy Seven Dollars ($34,877) including expenses. Client shall pay ESCI according to the following schedule: A. 10% due at contract signing B. Monthly payments as work progresses C. Payment shall be made within 30 days of receipt of invoice 4. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 5. The laws of Minnesota shall govern this agreement. 6. ESCI shall comply with all federal, state, and local laws applicable to the work under this agreement. 7. Termination. Client may terminate this agreement for any reason upon thirty (30) days written notice to ESCI. Payment for all work completed and expenses incurred up to the time of termination shall be due immediately upon termination by Client. 8. Amendment. This agreement may be amended by mutual written agreement of all parties. 9. Independent Contractor. ESCI is engaged as an independent contractor and will be responsible for any federal or state taxes applicable to the payments under this agreement. ESCI is not currently employed by Client and will not be under the direct control of Client. Because ESCI is an independent contractor, Client will not be liable for any tax withholding, social security payments, state workers' compensation insurance, unemployment insurance, retirement system payments, or other similar expenses normally payable on behalf of employees of Client. 10. Indemnification. ESCI agrees to indemnify, defend, and hold harmless Client and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of ESCI, ESCI's agents, employees, or representatives under this Agreement. 11. Attorney Fees. If suit, action, or arbitration is brought either directly or indirectly to enforce the terms of this agreement, the prevailing party shall recover, and the losing party hereby agrees to pay, reasonable attorney's fees incurred in such proceeding, in the trial and appellate courts, as well as costs and disbursements as ordered by a court of competent jurisdiction. 12. This agreement is an integrated writing, executed by the parties after negotiation and discussions of all material provisions. None of the parties to this agreement have relied upon inducements, concessions, or representations of fact, except as set forth in this agreement. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, the agreement in two (2) copies, each of which shall be deemed an original, on the first date written above. City of Stillwater By: Title: Date: Signature Emergency Services Consulting International By: Title: Date: Signature ESCI Project: City of Stillwater, MN Page 2 Attachment A Scope of Work -Staffing Needs Assessment Phase I: Project Initiation Task 1-A: Development of Project Work Plan ESCI will develop a project work plan based on the scope of work and converse with the community's project team to gain a comprehensive understanding of the organization's background, goals, and expectations for this project. This work plan will be developed identifying: • Primary tasks to be performed • Person(s) responsible for each task • Time table for each task to be completed • Method of evaluating results • Resources to be utilized • Possible obstacles or problem areas associated with the accomplishment of each task This exchange will also help to establish working relationships, make logistical arrangements, determine an appropriate line of communications, and finalize contractual arrangements. Task 1-B: Review of Background Information ESCI will request pertinent information and data from the organization's assigned project manager. This data will be used extensively in the analysis and development of the master plan document. The documents and information relevant to this project will include, but not be limited to, the following: • Past or current fire department studies or research • Local census and demographics data • Financial data, including debt information, long-range financial plans and projections • Department Standard Operating Guidelines (SOGs) and service delivery practices • Current service delivery objectives and targets • Facilities and apparatus inventories • Automatic and mutual aid agreements • Records management data, including National Fire Incident Reporting System (NFIRS) incident data • Computer -Aided dispatch (CAD) incident records • Local Geographic Information Systems (GIS) data, where available Task 1-C: Primary Field Work: Data Collection and Stakeholder Input The ESCI project team will conduct interviews with and gather information from key personnel that may include: Elected or appointed officials • Fire department managers and other key staff • Finance function managers • Volunteer/Paid-On-Call (POC) groups/representatives • Employee groups/representatives • Others as they may contribute to this project ESCI Project: City of Stillwater, MN Page 3 From these interviews, ESCI will obtain additional perspective on operational, economic, and policy issues facing the agency. In addition, the project team will learn more about availability of data necessary to meet projected goals. Phase II: Assessment of Current Conditions In order to evaluate the effectiveness and efficiency of staffmg within the organization, the study will begin with an analysis of current conditions and performance of the agency, with particular focus on delivery of emergency services. The analysis will include evaluation of the department's ability to delivery adequate and appropriate staffing to accommodate both the service demand and the specific types of risks faced by the agency. Task 2-A: Organization Overview An overview of the organization and community will be developed discussing: • Service area population and demographics • Description of the current service delivery infrastructure • Governance and lines of authority • Foundational policy documents • Organizational design • Operating budget, funding, fees, taxation, and fmancial resources Task 2-B: Current Staffing Analysis ESCI will review the department's current staffing levels. Areas to be considered include: • Review and evaluate administration and support staffing levels • Review and evaluate operational staffing levels, including career and Paid On Call personnel • Review staff allocation to various functions and divisions • Review staff scheduling methodology • Review current standards of cover and staffing performance for incidents • Review firefighter/EMS staff distribution • ALS/BLS mix, number of certified staff, officers, and deployment of EMS resources • Criteria for staffing levels per unit, if applicable • Deployment of specialty teams, if applicable • Apparatus deployment and trigger points for additional unit deployment ESCI Project: City of Stillwater, MN Page 4 Task 2-C: Service Demand and Incident Staffing Performance ESCI's project team will review and make observations in areas specifically involved in, or affecting, service levels and performance. Areas to be reviewed shall include, but not necessarily be limited to: • Service Demand Study - o Analysis and geographic display of current service demand by incident type o Analysis and geographic display of current service demand by temporal variation. • Response Performance/Reliability Study - o Analysis of current first -due unit response time performance levels and capabilities, analyzed through Geographical Information Systems software as appropriate o Analysis of staffing performance levels by temporal variation Analysis of staffing performance levels by type of incident Task 2-D: Future Service Demand Projections Population growth projections, along with historical and forecast incident rates, will be utilized to develop projections for future service demand. Phase III. Staffing Observations, Options and Recommendations The project concludes with strategies intended to place the organization in a position to successfully serve its service demand and risk. ESCI will develop and analyze various models for providing adequate staffing for emergency services with the specific intent of identifying those options that can deliver the desired levels of service at the most efficient cost. Recommendations will be provided identifying the best long-range strategy for staffing and the impact of initiating such a strategy. In addition, short and mid-term strategies will be recommended for staffing improvement or increased efficiency. Task 3-A: Recommended Future Strategies ESCI will develop a recommended long-term option(s) for staffing that will improve the department's level of service towards the identified staffing performance objectives and targets. This may include, but is not necessarily limited to, specific recommendations regarding: • Necessary adjustments in the level of volunteer/POC staffing on roster • Revised targets for volunteer/POC participation and response levels • Geographic distribution of targeted volunteer/POC recruitment based on service demand, risk and volunteer demographics • Addition of POC, part-time or full-time paid staff, where necessary and supported by data • Recruitment methods for increasing volunteer/POC rosters in target areas • Retention programs for maintaining existing volunteer/POC staff • Options for volunteer/POC compensation systems to improve participation within allowable federal and state labor regulations • Options for improving volunteer/POC recognition and awards programs • Options for increased use of mutual/automatic aid system • Improvements in personnel management practices to enhance recruitment and retention • Alternative staffing concepts, such as student or intern staffing programs ESCI Project: City of Stillwater, MN Page 5 ESCI will evaluate and present for each of the deployment option(s): • Degree of benefit to be gained through its implementation • Extent to which it achieves established performance targets • Potential negative consequences Phase IV: Development, Review, and Delivery of Final Report Task 4-A: Development and Review of Draft Project Report ESCI will develop and produce an electronic draft version of the written report for review by the client and client representatives. Client feedback is a critical part of this project and adequate opportunity will be provided for review and discussion of the draft report prior to finalization. The report will include: • Detailed narrative analysis of each report component structured in easy -to -read sections and accompanied by explanatory support to encourage understanding by both staff and civilian readers • Clearly designated recommendations highlighted for easy reference and cataloged as necessary in a report appendix • Supportive charts, graphs, and diagrams, where appropriate • Supportive maps, utilizing GIS analysis as necessary ESCI Project: City of Stillwater, MN Page 6 Scope of Work -Strategic Implementation Planning Phase I: Project Preparation Task 1-A: Project Initiation & Scheduling ESCI will develop a project plan and converse with the community's project liaison to gain a comprehensive understanding of the organization's background, goals, and expectations for the strategic plan process. The project plan will be developed identifying: • Local strategic planning team composition and recruitment • Strategic planning workshop format • Schedule • Location and other logistical issues • Potential impediments and organizational issues This meeting will also help to establish working relationships, make logistical arrangements, determine an appropriate line of communications, and finalize contractual arrangements. Phase II: Customer -Centered Environment Assessment Task 2-A: Public Meeting and Assessment of Customer Needs and Expectations ESCI facilitators will assist the department in identifying external customers/key members of the community. Once identified, invitations will be mailed and ESCI will convene these external customers/community leaders for the purpose of addressing the issues outlined above and gaining a realistic view of external customer needs and expectations. The project team will organize these meetings after normal working hours to accommodate citizen work schedules. ESCI has found through experience that 80 to 90 percent of the invitees attend these sessions and actively participate. At a minimum, we recommend the representatives of this citizen's focus group include, but not be limited to: • Business owners • Service groups representative(s) (i.e., Chamber of Commerce, Rotary, Lions) • Prominent citizens in the community • Members of civic organizations • Media representative(s) • Multiple citizens who have been actual recipients of fire and EMS services respectfully • Representatives of neighborhood organizations and/or homeowners associations • Representatives of non-profit organizations • Representatives of local industry • Other citizen -customers as identified by the strategic planning group ESCI Project: City of Stillwater, MN Page 7 ESCI will facilitate these group meetings with the presence of one organization representative, usually a chief or chief officer, to act only as a technical resource and to answer questions that may arise that the facilitator is unable to answer. In addition to facilitating the session(s), ESCI may utilize surveys and questionnaires to gather necessary information. This step is critical, as it ensures that customer needs and concerns are incorporated into the strategic plan. More and more, the public is demanding the accomplishment of specific objectives and services with fewer resources. This step ensures that the public concerns are recognized by the organization and incorporated into the long-range strategic planning processes and arms influential members of the public with important background information about their public safety agency that they might not have been exposed to under normal circumstances. The process will seek to identify: • How customers prioritize the services provided by the organization • Areas of customer concern about the organization • Customer expectations • Customers positive attributes of the organization • How "good service" is measured by the customer Phase III: Planning Workshop ESCI will facilitate the development of an organizational strategic plan utilizing a local planning team (12 to 20 persons) that includes representatives of the elected body and various levels of the organization itself. The strategic planning process will involve a two-day strategic planning "retreat" to be held on consecutive days at an appropriate location within the community suitable for both full group sessions, as well as breakout small group work sessions. Task 3-A: Vision, Mission and Values ESCI's experienced facilitators will guide the local planning team in the development of meaningful vision, mission, and values: • Vision statements describe the way the organization views itself in the future • Mission statement describes the purpose for which the organization exists • Values enumerate the principles or ideas that are important to the members ESCI will facilitate discussions that ensure participation by all present in order to stimulate challenging thought processes, prevent tangential discussion, and move the group to consensus. Consensus identification of key internal standards creates the moral and practical guidelines of the organization. ESCI Project: City of Stillwater, MN Page 8 Task 3-B: Internal and External Assessments ESCI will guide the local planning group through the honest and objective assessment of internal issues and external challenges, also known as the SWOT Analysis. Internal Assessment - External Assessment- • Strengths of the organization • Weaknesses of the organization • Opportunities facing the organization • Threats challenging the organization Analyzing the strengths, weaknesses, opportunities for, and threats to the organization is the next critical step in the strategic planning process. Strengths are important as they represent areas of the organization to be built upon, and weaknesses are areas to be identified as potential sources for improvement. Opportunities are vital to the future of the organization and should be viewed as positive prospects for growth and enhancement, while threats must be identified and addressed in advance, where possible. Other critical issues facing the department may be identified by the strategic planning group at this point as well. These may include issues that the strategic planning group identifies as issues critical to the health and success of the organization. Task 3-C: Goals and Objectives ESCI will direct the local planning team in the establishment of goals and objectives, critical tasks, and timelines that are imperative to the organization and the participation of individual members. • Establishment of organizational goals that address the identified concerns of the external and internal customers over a one to five-year timeframe • For each goal, the development of one or more measurable objectives that are written in such a manner as to describe the criteria by which an outcome is judged complete or successful • Development of associated tasks for each goal and objective utilizing the format of identified measurable criteria • Development of reasonable time for completion Attainment of this task will be demonstrated by the establishment of realistic goals and objectives for the organization. To meet the mission of the organization, the establishment of these goals is essential to providing the organization and the individual members with a clear direction. The goals and objectives established during this process will become management tools and should be updated on a continuous basis as priorities change and as specific goals and/or objectives are achieved. The goals and objectives can then be used to identify what has been achieved and to denote changes within the community and the organization. Fastidiously following these goals and objectives will provide the department with the necessary direction and guidance into the future. This should also support the department by reducing the number of impediments, disruptions and uncertainties for the organization and its members. ESCI Project: City of Stillwater, MN Page 9 Task 3-D: Performance Measurements ESCI will direct the local planning team in discussions regarding the establishment of performance measures that assist the organization in measuring their progress toward the organizational vision. This will be an ongoing process, and may initially involve concepts of performance measurement that will require modifications in the collection of necessary data as the organization becomes more focused on measuring achievement and outcomes. The process may include: • Identification of key performance areas • Analysis of necessary and available performance data • Preparation of performance measures from the following categories: • Quality Measures • Input Measures • Output Measures • Outcome Measures • Efficiency Measures Phase IV: Published Strategic Plan Document Task 4-A: Publication of Final Strategic Plan Report ESCI will compile the results of the strategic planning work sessions and produce ten (10) publication -quality bound, final versions of the written Strategic Plan document. An electronic version of the document will also be provided. Task 4-B: Delivery and Presentation of Final Staffing Analysis and Strategic Plan Report ESCI will complete any necessary revisions of the draft and produce ten (10) publication -quality bound, final versions of the written report. A formal presentation of the project report will be made by ESCI project team member(s) to staff, elected officials, and/or the general public as necessary and will include the following: • A summary of the nature of the report, the methods of analysis, the primary findings, and critical recommendations • Supportive audio-visual presentation • Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate • Opportunity for questions and answers, as needed • All presentation materials, files, graphics, and written material will be provided to the client at the conclusion of the presentation(s) ESCI Project: City of Stillwater, MN Page 10 ti1er Administration TO: Mayor & Council FROM: City Administrator McCarty SUBJECT: St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement DATE: November 27, 2017 The annual management agreement for the Recreation Center and Lily Lake Arena is up for renewal. This is an annual agreement due to IRS "Safe Harbor Rules" The facilities have been very well managed by St. Croix Caterers, Inc. since 1998 and the management fee ($35,000 per year) has not risen since the beginning. All employees of the facility are employees of St. Croix Caterers and Doug Brady, the manager, does an excellent job of keeping both facilities full and satisfying the needs of the various groups that want ice time, etc. RECOMMENDATION Renew the contract at the annual rate of $35,000. ACTION REQUIRED If Council wishes to implement the staff recommendation, they should pass a motion adopting a resolution entitled "Approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc." RESOLUTION 2017-239 APPROVAL OF THE ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT WITH ST. CROIX CATERERS, INC." NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the agreement between the City of Stillwater and St. Croix Catering, Inc. for Management of the St. Croix Sports Complex and Lily Lake Ice Arena is hereby approved and the Mayor and City Clerk are authorized to sign said agreement. Adopted by Council this 5th day of December, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this day of , 2017 between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City"), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ("St. Croix"). WITNESSETH The City is the owner of Lily Lake Ice Arena ("Lily Lake") and the St. Croix Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, one (1) outdoor ice rink and a multipurpose domed field house (collectively, the "Facilities"). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term. Commencing January 1, 2018 and continuing until December 31, 2018, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so-called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. Section 2. Responsibilities. 2.01 St. Croix's Responsibilities: a. Marketing and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01(n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty-five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with a rate schedule and facility use policy established by City policy, applicable law, and in a manner to maximize the use of the Facilities so as to provide maximum Revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions"). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleaning Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. I. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. g. I. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ("Sports Facilities Fund"). n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out, or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty-four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. Meetings. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and/or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02. City's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. P. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark-up" for resale items such as sports equipment and food and beverages. g. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. h. Budget. Approve and/or amend the annual budget and work program as specified in Section 3.01. Section 3. Budget and Revenue Reports. 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2018 and ending December 31, 2018. The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2018. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty-five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Management Fee. Additional Fees. 4.01 St. Croix will be paid a fee equal to five percent (5%) of the gross revenues ("Management Fee"), not to exceed a total fee of thirty-five thousand and no/100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no/100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Payment of Management Fees Personal Services & Operating Expenses. 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. Those portions of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations. 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. 6.03 The City reserves the right to contract with others to provide all or part of the concessions, and before doing so the City will meet and confer with St. Croix with regard to the nature and scope of the contract in an effort to insure that the contract is consistent with their respective interests. Section 7. Capital Improvements Equipment Repair and Maintenance. 7.01 It may be desirable to consider additional capital improvements ("Additional Capital Improvements") and the purchase of additional equipment ("Additional Equipment") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City. The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation. St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records. Reports and Practices. 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default. Right to Cure. Consent to Jurisdiction and Waiver of Jury Trial. 11.01 It will be an event of default ("Event of Default") hereunder if either party hereto fails to pay or deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or a. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice"). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance. 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re-employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Section 13. Indemnity. St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04. Section 14. Damage to and Destruction of the Location. If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. i. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Section 15. Employees. 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re-employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. § 181.59, Minn. Stat. Ch. 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver. The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment. The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law. The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability. Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices. 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: If sent to the City: City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 If sent to St. Croix Catering: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On-site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Majeure. 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Integration. This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF STILLWATER a Minnesota Municipal Corporation Ted Kozlowski, Mayor Diane F. Ward, Clerk STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this day of , 2017, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. STATE OF MINNESOTA COUNTY OF WASHINGTON Notary Public ST. CROIX CATERERS, INC. Richard Anderson, President On this day of , 2017, before me, a Notary Public within and for said County, appeared Richard Anderson, to me personally known, who, being duly sworn, did say that he is the President of St. Croix Caterers, Inc. and that this instrument was signed as the free act and deed of the corporation. Notary Public Sti11YtiL. Administration Date: November 27, 2017 TO: Mayor & Council FROM: Diane F. Ward, City Clerk SUBJECT: Assignment Agreement - Riverview Parking Lot BACKGROUND In 2007 the City, Super Value, Inc. and the Veteran's Memorial Committee reached an agreement whereby the Veterans took over maintenance responsibilities of the above noted parking lot. The attached resolution will renew their contract on an annual basis which is appropriate for a volunteer organization that can change quickly. RECOMMENDATION: Staff recommends Council adopt the attached resolution renewing the existing Assignment Agreement for 2018. RESOLUTION 2017-240 APPROVING ASSIGNMENT AGREEMENT WITH THE VETERANS' MEMORIAL COMMITTEE FOR 2018 WHEREAS, the City of Stillwater is the owner of Riverview Parking Lot and is a party to a Master Agreement with SuperValu, Inc. that was made March 7, 1995; and WHEREAS, an Assignment of the Agreement was executed by the City and SuperValu; Inc. on a trial basis on July 6, 2007, and affirmed on December 31, 2008; and WHEREAS, the City and the Veterans' Memorial Committee desire to extend the Agreement on a year -to -year basis beginning November 2011; and WHEREAS, since the terms of the Agreement and the Assignment do not change as to SuperValu, Inc., the Agreement may be extended on a yearly basis without the consent of SuperValu, Inc. NOW, THEREFORE, be it resolved that the Assignment made November 2011 be and the same is hereby extended until December 31, 2018, subject to the Assent of the Veterans' Memorial Committee. Adopted by the City of Stillwater this 5a' day of December 2017. CITY OF STILLWATER Ted Kozlowski, Mayor Diane F. Ward, City Clerk ASSENT VETERANS' MEMORIAL COMMITTEE By: Its: Si S f M I N N E S P I A CITY COUNCIL MEETING DATE: December 5, 2017 REGARDING: 2018 Service Contract for Mowing, Snow and Ice Removal and Clean Up Services PREPARED BY: Abbi Jo Wittman, City Planner The City's 2017 Annual Contract for Mowing, Snow and Ice Removal and Clean Up Services is set to expire on December 31, 2017. On October 20 staff sent a Request for Quotes to 21 individuals/companies for the 2018 Annual Contract for Mowing, Snow and Ice Removal and Clean Up Services. The City received two complete quotes from MSP Outdoor Services (MSP) and Valdes Lawn Care & Snow Removal (Valdes). A table of the accepted quote fees is attached for your review. Staff has highlighted the lowest quotes per line item. As indicated, MSP is the lowest responsible bidder on most quoted items. While Valdes did quote a lower price for Vacant Lot First Mowing, when it is combined with reoccurring mowing (as shown in the Analysis of Total Costs for Mowing, Trimming, Clearing/Disposal of Trimmings), MSP Outdoor Service's quote is less costly. Valdes also quoted a lower rate for: 1. 'Per acreage' mowing, seeding, mulching charges. The City has not requested services for acreage lots in the past five years, even after the implementation of the Joint Annexation Agreement with Stillwater Township. That does not imply the City may not need to request these services in the future but, the occurrences are likely to be minimal. 2. Hourly snow removal services. Valdes quote is for $10/hour less than MSP. Given the reputation of MSP as well as their past relationship with the City, staff recommends entering into contract with MSP Outdoor Services for all Parts of the 2018 Annual Contract for Mowing, Snow and Ice Removal and Clean Up Services. A contract has been prepared as well as a Resolution of Approval. REQUESTED ACTION Staff requests the Council to approve the attached resolution, entering into contract with MSP Outdoor Services for all 2018 Mowing, Snow and Ice Removal and Clean Up Services. St I water " 1+ F B' 9 N P h F OF MINNESOIA ATTACHED 2018 Quote Table Draft Resolution Contract for Services Request for Quotes Quote Form: MSP Outdoor Services Quote Form: Valdes Lawn Care & Snow Removal 2018 Service Contract Page 2 of 2 Item Work Description MSP VALDES PART A - MOWING First Mowing 1 Vacant lot - mowing, trimming, clearing /disposal of trimmings (per lot) 185.00 175.00 2 Developed lot - mowing, trimming, clearing / disposal of trimmings (per lot) 145.00 150.00 3 Acreage, 1 to 20 acres - mowing, trimming, clearing / disposal of trimmings (per acre) 215.00 55.00 4 Acreage, over 20 acres - mowing (per acre) 200.00 50.00 Recurring Mowing1 5 Vacant lot - mowing, trimming, clearing /disposal of trimmings (per lot) 65.00 125.00 6 Developed lot - mowing, trimming, clearing / disposal of trimmings (per lot) 50.00 100.00 7 Acreage, 1 to 20 acres - mowing, trimming, clearing / disposal of trimmings (per acre) 150.00 50.00 8 Acreage, over 20 acres - mowing (per acre) 145.00 45.00 PART B - CLEANING OF TRASH AND DEBRIS 9 Cleaning of trash and debris - pick up of all trash and debris including labor, vehicles, equipment and disposal costs (per hour2) 70.00 65.00* 10 Seed and mulch, including MN-DOT 240 seed mix ©100 lbs/acre and Type 1 Mulch with 90% coverage at two tons (per acre3) 993.00 35.00 PART C - SECURING PROPERTY 11 Boarding and securing property - boarding of broken windows, including all labor, vehicles, equipment and supplies (per opening) 100.00 125.00 12 Securing property - locking or otherwise securing unsecured openings, windows or doorways including all labor, vehicles, equipment and supplies (per opening) 100.00 125.00 PART D - SNOW REMOVAL 13 Single street residential sidewalk (92 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover (per event) 60.00 85.00 2018 Bid Table 3 Page 2 of 14 Single street residential sidewalk (92 feet by 4 to 5 feet average) 4- to 8 -inch snow cover (per event) 90.00 190.00 15 Corner lot residential sidewalk (182 feet by 4 to 5 feet average) 1.5- to 4 -inch snow cover (per event) 110.00 170.00 16 Corner lot residential sidewalk (182 feet by 4 to 5 feet average) 4- to 8 -inch snow cover (per event) 160.00 380.00 17 Other residential sidewalk snow removal (per hour2) 75.00 65.00 18 Single street Central Business District sidewalk (25 feet by 8 to 10 feet average) 4 1.5- to 4 -inch snow cover (per event) 55.00 105.00 19 Single street Central Business District sidewalk (25 feet by 8 to 10 feet average) 4 4- to 8 -inch snow cover (per event) 75.00 105.00 20 Single street Central Business District sidewalk (50 feet by 8 to 10 feet average) 4 1.5- to 4 -inch snow cover(per event) 105.00 130.00 21 Single street Central Business District sidewalk (50 feet by 8 to 10 feet average) 4 4- to 8 -inch snow cover (per event) 150.00 210.00 22 Corner lot Central Business District sidewalk (182 feet by 8 to 10 feet average) 4 1.5- to 4 -inch snow cover (per event) 180.00 450.00 23 Corner lot Central Business District sidewalk (182 feet by 8 to 10 feet average) 4 4- to 8 -inch snow cover (per hour2) 270.00 750.00 24 Other Central Business District sidewalk snow removal 75.00 65.00 1. Reoccurring mowing shall be done no earlier than 14 days after the last mowing and no later than 21 days after the last mowing. 2. Price per hour will be multiplied by the number of workers needed to complete the job. 3. Price per acre shall be divided by square footage for lots less than one acre in size. 4. Snow shall be removed from primary walking path, with a minimum eight foot (8') clear area. Snow is preferred to be removed from the site but may be stockpiled in an area no greater than two feet (2') back from the curb. 2018 Bid Table 3 * Quote form indicates additional cost will incur for disposal Page 3 of ANALYSIS OF TOTAL COSTS FOR MOWING, TRIMMING, CLEARING/DISPOSAL OF TRIMMINGS Work Description MSP VALDES Vacant lot: first mowing and single reoccurrence 250.00 300.00 Developed lot: first mowing and single reoccurrence 195.00 250.00 Acreage, 1 to 20 acres: first mowing and single reoccurrence 365.00 105.00 Acreage, over 20 acres: first mowing and single reoccurrence 345.00 95.00 A RESOLUTION AUTHORIZING A CONTRACT FOR THE 2018 ANNUAL CONTRACT FOR MOWING, SNOW AND ICE REMOVAL AND CLEAN UP SERVICES WHEREAS, on October 20, 2017, the City of Stillwater sent a Request for Quotes to 21 individuals/companies for the 2018 Annual Contract for Mowing, Snow and Ice Removal and Clean Up Services; and WHEREAS, the City received two complete quotes; and WHEREAS, it appears that MSP Outdoor Services is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with MSP Outdoor Services in the name of the City of Stillwater for the 2018 Annual Contract for Mowing, Snow and Ice Removal and Clean Up Services, on file in the office of the City Clerk. Adopted by the City Council of the City of Stillwater this day of , 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ti1Iwar I e HE BIRTHPLACE Of- MINNESOTA 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 MSP Outdoor Services (hereinafter called "Contractor"). 1. The Work. The Contractor agrees to perform Part A through Part D according to the documents provided by the City dated November 10, 2017. All work will be done in a workman -like manner and materials will be fit for the purpose. Work must be completed according to the Quote Form, attached as Exhibit A, and the Request for Quotes, attached as Exhibit B. 2. Payment. This work, including all labor, materials and equipment needed to accomplish the 2018 Annual Contract for Mowing, Snow and Ice Removal and Clean Up Services shall be completed by the Contractor for the unit prices shown on the attached Quote Form to be paid to the contractor upon satisfactory completion and acceptance. 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 General Requirements, General Conditions, and Specifications 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. The insurance protection will have the following limits: (1) $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured "as their interests may appear." A. Comprehensive Automobile Liability: (1) Each Accident: $500,000 Each Person and $1,000,000 Each Occurrence - (2) Property Damage: $100,000 Each Occurrence B. Worker's Compensation Coverage. 6. Completion Date. Completion of work related to the 2018 Annual Contract for Mowing, Snow and Ice Removal and Clean Up Services must be done according to the terms of the Request for Quotes Contract Work, Contract Implementation, and Contract Conditions. 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 CONTRACTOR By Thomas W. Badon Jr. Title: VP of Sales STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this of , 2017 by its for , Notary Public Commission Expires: Commissioned At: THE BIRTHPLACE OE MINNESOTA REQUEST FOR QUOTES 2018 ANNUAL CONTRACT MOWING, SNOW AND ICE REMOVAL AND CLEAN UP SERVICES DEADLINE: November 10, 2017, 12:00 PM SECTION I. GENERAL INFORMATION A. OBJECTIVE The purpose of this request is to receive quotes for services related to mowing, snow and ice removal and/or clean up services. B. QUOTE SUBMISSION Bidders shall utilize the attached Quote Form. The Work Description section of the quote form has been divided into four parts (A -D) and will be accepted for one, two, three or all four parts of the proposal. Submissions with interest in one or more portions is acceptable. Failure to submit a bid for one or more parts will not be used against a contractor. However, the City may choose to select one contractor for all four parts. Quotes may be submitted in person, by electronic mail or by U.S. mail. Submit quotes in person or via mail to Community Development Department, Stillwater City Hall, 216 4th St N, Stillwater, MN 55082-4898. Submit via electronic mail to eolson-williams@ci.stillwater.mn.us. Quotes will not be accepted without an original signature. The City is not responsible for failures of U.S. or electronic mail service. 1. SALES TAX The work being performed is subject to Minnesota Sales Taxes. The total for each quote must include any applicable sales taxes. Bills submitted for taxes above the quote price will not be honored. 2. PAYMENT CONDITIONS All quotes shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of the contract. 3. INSURANCE Proof of Comprehensive General Liability, Auto liability and Workers Compensation Insurance must be submitted with each quote to be considered. Deductibles, of any type, are the responsibility of the Contractor. The Contractor must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized by this Contract and to name the City as an additional insured on their policy "as their interest may appear" for the entire term of the contract. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by the insurer to bid coverage on its behalf. Certificates of Insurance and Endorsements effecting coverage required by this clause shall be forwarded to: Diane Ward, City Clerk City of Stillwater 216 North Fourth Street Stillwater, MN 55082 C. POST QUOTE SUBMISSION STIPULATIONS 1. CHANGES OR ALTERATIONS No part of the quote may be changed or altered after submission. Contractors must submit written requests to change any specifications/conditions with their quote. Changes made without submission of a written request with the quote may result in disqualification at the City's sole discretion. 2. REQUEST FOR NON -CONSIDERATION Quotes submitted to the City cannot be withdrawn prior to the deadline. Request for non -consideration of quotes must be made in writing and received by the City prior to the deadline. After other quotes are reviewed, the quote for which non -consideration is properly requested may be returned at the sole discretion of the City. The Contractor, in submitting a quote, warrants and guarantees that the quote has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes and that such quote will not and cannot be withdrawn because of any mistake committed by the Contractor. D. QUOTE CONSIDERATION/ TABULATION Quotes will be tabulated for comparison on the basis of the prices and quantities and/or by the best value method. Until final award of the Contract, the City of Stillwater (hereinafter "the City") reserves the right to reject any or all quotes, to waive technicalities, to request new quotes or propose to do the work otherwise in the best interests of the City. The following items will be considered when an award is based on best value: Request for Quote 2018 Annual Contract Mowing, Snow and Ice Removal and Clean Up Services Page 2 of 9 • The purchase price; • The reputation of the Contractor and of the Contractor's goods or services; • The quality of the Contractor's goods or services; • The extent to which the goods or services meet the municipality's needs; • The Contractor's past relationship with the municipality; • The impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; • The total long-term cost to the municipality to acquire the Contractor's goods or services; • Any relevant criteria specifically listed in the request for quote. E. REJECTION OF QUOTES The City reserves the right to reject any or all quotes or to waive technicalities at its option when in the best interests of said City. Quotes will be considered irregular if they show any omissions, alteration of form, additions, or conditions not called for, unauthorized alternate quotes or irregularities of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interests of the City. The City reserves the right to reject any or all quotes, and all quotes submitted are subject to this reservation. Quotes may be rejected, among other reasons, if received after the time limit for receiving quotes as stated in the request, if containing any irregularities or for unbalanced value of any items. Contractors may be disqualified and their quotes not considered, among other reasons, for any of the following specific reasons: • Reason for believing collusion exists. • Reasonable grounds for believing that any Contractor is interested in more than one quote for the work contemplated. • The Contractor being interested in any litigation against the City. • The Contractor being in arrears on any existing contract or having defaulted on a previous contract. • Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. • Uncompleted work, which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. • Incomplete quote forms, with the exception of the Work Description section. SECTION II. CONTRACT WORK A. DEFINITIONS Request for Quote 2018 Annual Contract Mowing, Snow and Ice Removal and Clean Up Services Page 3 of 9 "Acreage" shall mean any property having a total area of 43,560 square feet (1 acre) or greater. "Authorized notice" shall mean a written or verbal notice from the City of Stillwater Police Development Department to perform specific work at a specific location. "City" shall mean the City of Stillwater, Minnesota. "Cleaning and removal of trash and debris" shall mean any method by which filth, weeds, rubbish, refuse or other matter that might be unhealthy and/or unsightly is removed from any acreage or lot and disposed of as approved by the City and delineated in the City Code and in the specifications for this contract. "Contractor" shall mean the person or firm, awarded the Contract by the City. "Lot" shall mean any property having a total area less than 43,560 square feet (1 acre). "Recurring Mowing" shall mean subsequent mowing after the initial mowing directed by the City and specifically requested to by the City to be placed on the reoccurring mowing list. Recurring mowing shall be done no earlier than 14 days since the last mowing and no more than 21 days after the last mowing. Reoccurring Mowing shall cease at the time of notification of removal by the City, notification of the property owner mowing shall not occur, and/or upon notice by the Contractor Mowing has occurred on the property. "Reoccurring Snow and Ice Removal" shall mean subsequent snow and ice removal after the initial Snow and Ice Removal as directed by the City and specifically requested by the City to be place on the reoccurrence list. Reoccurring snow and ice removal shall be conducted no greater than 24 hours after the snow and ice has ceased to be deposited thereon. Reoccurring Snow and Ice Removal shall cease at the time of notification of removal by the City, notification of the property owner snow and ice removal shall not occur, and/or upon notice by the Contractor Snow and Ice Removal has occurred on the property. "Snow and Ice Removal" shall mean any method by which snow and ice is removed from any PUBLIC SIDEWALK as approved by the city and delineated in the City Code of Ordinances. "Snow Removal - CBD" shall mean any method by which snow is removed from a minimum of 8' of any PUBLIC SIDEWALK in the Central Business District (CBD) as approved by the city and delineated in the City Code of Ordinances. Please see the Site Location Map, attached as Exhibit A, for reference to the CBD. B. SPECIFICATIONS ALL SPECIFICATIONS WILL BE STRICTLY ENFORCED. Any property which does not meet specifications shall be brought up to specifications at the Contractor's expense upon the notification by the City. Request for Quote 2018 Annual Contract Mowing, Snow and Ice Removal and Clean Up Services Page 4 of 9 VACANT LOT - Each lot shall be mowed in its entirety in a uniform cut. Mowing shall be completed as near as possible to any tree, wall, fence, pole, sign, or any other structure. Remaining high grass and weeds shall be trimmed to ensure favorable appearance. Proper action shall be taken to clear the property, adjoining streets, sidewalks and public rights-of-way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash or debris from a vacant lot. DEVELOPED LOT- Each lot shall be mowed as near as possible to any building, tree, wall, fence, pole, sign or any other structure in a uniform cut. Remaining high grass and weeds shall be trimmed to ensure favorable appearance. Proper action shall be taken to clear the property, adjoining streets, sidewalks and public rights-of- way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash or debris from a developed lot. ACREAGE BETWEEN ONE ACRE AND TWENTY ACRES - Each parcel shall be mowed in its entirety in a uniform cut. Any remaining high grass and weeds around trees, walls, fences, poles, signs, or any other structure shall be trimmed. Proper action shall be taken to clear the adjoining streets, sidewalks and public rights-of-way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash or debris from acreage. Five or more vacant, contiguous lots shall be treated as acreage and billed as such. ACREAGE OVER TWENTY ACRES - All areas within fifty feet from a curb, public right-of-way, street, sidewalk or adjacent property under different ownership must be mowed in their entirety in a uniform cut. Any agricultural areas or areas used to cultivate crops must be mowed up to the crop. Specific authorization from the City must be obtained to clean and remove trash or debris from acreage. CLEANING OF TRASH AND DEBRIS - The Contractor shall remove all trash and debris from the property. Trash and debris may include dirt, rock, boards, railroad ties, furniture, appliances, tires, litter, swimming pool water and any other rejected matter. The Contractor shall also level and/or remove stockpiles of dirt, aggregate or other materials. The Contractor shall seed and mulch, when required by the City, including MN -DOT 240 seed mix @ 100 lbs/acre and Type 1 Mulch with 90% coverage at two tons per acre. Residential debris shall be bagged and placed at the curb in an orderly manner for pick up by Waste Management. Construction material shall be taken to Buberl Recycling and Compost Incorporated at 5901 Omaha Avenue North #110, Stillwater, MN 55082. Hazardous waste shall be taken to the Washington County's Environmental Center site at 4039 Cottage Grove Drive in Woodbury. Contact City Staff concerning other situations the Contractor may encounter before proceeding with cleanup No action shall be taken that does not comply with all life, health and safety requirements of the City including, but not limited to, compliance with City Code Chapter 33, Building Code. Request for Quote 2018 Annual Contract Mowing, Snow and Ice Removal and Clean Up Services Page 5 of 9 BOARDING AND SECURING OF PROPERTY - The Contractor install shall install a minimum of 3/8 -inch thick plywood over all broken windows, missing doors, and other opening that cannot be secured by other reasonable means. Specific authorization from the City must be obtained to board and secure a property No action shall be taken that does not comply with all life, health and safety requirements of the City including, but not limited to, compliance with City Code Chapter 33, Building Code. SECURING OF PROPERTY - The Contractor install shall necessary padlocks, door hardware, etc. to secure doors and other unsecured opening that do not require boarding. Specific authorization from the City must be obtained to secure a property No action shall be taken that does not comply with all life, health and safety requirements of the City including, but not limited to, compliance with City Code Chapter 33, Building Code. SECTION III. CONTRACT IMPLEMENTATION A. AUTHORIZATION The Contractor shall be notified by a representative of the City of Stillwater Police Department to perform specific work at a particular location. The Contractor shall complete the requested services within two (2) days after receiving authorization. In the event of inclement weather, the Contractor shall notify the City of failure to complete requested services by the third (3rd) day; however, in any case, such work shall be completed within five (5) days after initial authorization. Failure to notify or finish the work within the timeframes indicated will subject the Contractor to liquidated damages of $15.00 per day, per property, until the work is complete. The City shall pay $25.00 for trips by the Contractor to a site where the Contractor finds abatement has been completed prior to the Contractor arriving at the site if the arrival is within the established timeframes as outlined in Section III(A). In these instances, the Contractor shall provide a single labeled photograph to show the abatement of the violation which shall be provided with the invoice. The invoice shall clearly be labeled as a "Discontinuance Fee" with the property address. B. GENERAL CONDITIONS 1. For work paid on a per hour basis, the Contractor shall examine the property first to estimate the number of hours needed to complete the job before authorization is given. The City shall not pay for travel time. In the event that more than the original number of hours is necessary to complete the job, the Contractor shall contact the City of Stillwater Police Department representative for approval once the original estimated hours are reached and prior to performing any additional hours. a. If seed and mulch is required, the Contractor shall indicate this at this time. Request for Quote 2018 Annual Contract Mowing, Snow and Ice Removal and Clean Up Services Page 6 of 9 2. The Contractor shall obtain and pay for any and all permits, licenses, disposal fees or any other costs required to fulfill this contract. 3. The Contractor must comply with all federal, state and local ordinances. 4. The Contractor shall protect and prevent all damage to wires, cables, structures, fences vehicles, trees, plants and other artifacts. Any damage to public or private property shall be corrected by repair or replacement by the Contractor at his or her own expense to the satisfaction of the Owner or the City. 5. In case any action in court is brought against the Owner, or any officer or agent of the Owner, for the failure, omission or neglect of the Contractor to perform any of the covenants, acts, matters or things by this Contract undertaken; or for injury or damage caused by the alleged negligence of the Contractor or his subcontractors or his or her or their agents, or in connection with any claim based on lawful demands of subcontractors, workmen, materialmen or suppliers the Contractor shall indemnify and save harmless the Owner and his or her officers and agents, from all losses, damages, costs, expenses, judgments or decrees arising out of such action. 6. Except as to any supplies or components which the specifications provide need not be new, all supplies and components to be provided under this contract shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety), of current production and of the most suitable grade for the purpose intended. If at any time during the performance of this contract the Contractor believes that the furnishing of supplies or components which are not new is necessary or desirable, they shall notify the City immediately, in writing, including the reasons therefore and proposing any consideration which will flow to the City if authorization to use supplies or components is granted. 7. In the event the Contractor conducts a trip to a site where the Contractor finds abatement has been completed, within 24 hours the Contractor shall notify the City the work was not performed and that the property is being removed from the Reoccurring Mowing and/or Reoccurring Snow and Ice Removal list. C. INVOICING The Contractor shall take before and after photographs in digital format for validation and return same to the City with EACH invoice of each job assignment. Any invoice submitted without both before and after photos will be returned unpaid. "Before" and "after" photographs must be taken each and every time a property is serviced. Photographs shall meet the following requirements: • A minimum of three "before" and "after" photographs are required per visit. • At least one "before" and one "after" photograph must each identify the address or location of the work site. • The "before" and "after" photographs must clearly validate the work performed. Request for Quote 2018 Annual Contract Mowing, Snow and Ice Removal and Clean Up Services Page 7 of 9 • Photographs shall be a minimum of 3.2 megapixels, 1600 x 2000 resolution (pixels). • Photographs shall be submitted in electronic format and shall be properly labeled as "before" and "after" with the date and time of service identified. Invoices shall reflect separate charges for each category of work performed with no more than one property on any detail sheet. Invoices shall indicate the date(s) of service shall otherwise comply with City purchasing procedures unless waived by the City. Orders will be placed by the City and must be given a Purchase Order Number to be valid. No payments shall be made on invoices not listing a Purchase Order Number. No partial payment will be made. An invoice for work performed shall be submitted within fourteen (14) days following completion of the requirements of the contract to: Community Development Department, Stillwater City Hall, 216 4th St N, Stillwater, MN 55082- 4898. Failure to submit an invoice in the time period identified shall result in nonpayment by the City. D. PAYMENT TERMS & CONDITIONS City review, inspection and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials or service. Quotes which call for payment before 30 days from receipt of invoice, or cash discounts given on such payment, will be considered only if in the opinion of the City the review, inspection and processing procedures can be completed as to the specific purchases within the specified time. It is the intention of the City to make payment on completed orders within thirty (30) days of receiving invoicing unless unusual circumstances arise. SECTION IV. CONTRACT CONDITIONS A. CONTRACT CLAUSE All Contractors understand and agree that the quote will become a legally binding contract upon acceptance in writing by the City. This contract may be superseded only if replaced with a written contract executed by both parties. 2. PROVISIONAL CLAUSES The City will not enter into any contract where the cost is provisional upon such clauses as are known as "escalator" or "cost-plus" clauses. 3. LIABILITY The Contractor and/or the Contractor's employees will assume complete responsibility for any claim of property damage or bodily injury, which may directly or indirectly arise from the employee's performance under the terms of this agreement. The Contractor's employees will hold harmless, release and defend the Request for Quote 2018 Annual Contract Mowing, Snow and Ice Removal and Clean Up Services Page 8 of 9 City from all claims of liability that directly or indirectly arise under the terms of this agreement. The Contractor shall not recover from the City of Stillwater the cost for damaged equipment, including broken blades, punctured tires, or any other damaged equipment, as a result of mowing assignments regardless of the condition of the property. 4. ASSIGNMENT OF CONTRACT The successful Contractor may not assign their rights and duties under an award without the written consent of the City of Stillwater City Administrator. Such consent shall not relieve the assignor of liability in event of default by their assignee. 5. DEFAULT In case of default of the successful Contractor, the City may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Request for Quote 2018 Annual Contract Mowing, Snow and Ice Removal and Clean Up Services Page 9 of 9 QUOTE FORM PROJECT IDENTIFICATION: 2018-2020 Annual Contract for Mowing, Snow Removal and Clean up Services SUBMISSION DEADLINE: November 10, 2017 at 4:30 PM SUBMITTED QUOTES TO: CITY OF STILLWATER COMMUNITY DEVELOPMENT DEPARTMENT ATTN: 2014 SERVICES CONTRACT 216 N. FOURTH ST. STILLWATER, MN 55082 eolson-williams@ci.stillwater.mn.us INDIVIDUAL/COMPANY NAME: Myr OUTT_ -VK.�"5 1. The undersigned CONTRACTOR proposes and agrees, if this Quote is accepted, to enter into an agreement with the City and perform and furnish all Work as indicated in the Quote Form and in the Contract Work, Contract Implementation, and Contract Conditions. 2. CONTRACTOR accepts all of the terms and conditions listed in the Quote Form and Contract Work, Contract Implementation, and Contract Conditions. CONTRACTOR shall provide a Certificate of Insurance listing the City of Stillwater as an additional insured and licensed to work within the City of Stillwater in accordance with the Contract Work, Contract Implementation, and Contract Conditions. 3. In submitting this Quote, CONTRACTOR represents, as more fully set forth in the Quote Form and the Contract Work, Contract Implementation, and Contract Conditions, that: a. CONTRACTOR has examined and carefully studied the Contract Work, Contract Implementation, and Contract Conditions and Quote Form. b. CONTRACTOR is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work. c. CONTRACTOR is aware of the general nature of Work to be performed for which this Quote is submitted and understands all terms and conditions for performing and furnishing the Work as indicated in the Contract Work, Contract Implementation, and Contract Conditions and Quote Form. d. This Quote is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to submit a false or sham Quote; CONTRACTOR has not solicited or induced any person, firm or corporation to refrain from bidding; and CONTRACTOR has not sought by collusion to obtain for itself any advantage over any other CONTRACTOR or over the City. e. CONTRACTOR understands and agrees that the terms of the General Conditions and Specifications are incorporated in and are part of this Quote Form. 4. CONTRACTOR will complete the Work for the following price (s): 2018 Quote Form Page 1 of 6 Item ork Description Unit Cost PART A - MOWING First Mowing 1 Vacant lot - mowing, trimmin ., clearing /disposal of trimmings $ `4VirJ istper lot 2 Developed lot - mowing, tri tl ' g, clearing / disposal of trimmings $ 'T � per lot 3 Acreage, 1 to 20 acres - mowi g, trimming, clearing / disposal of trimmings $ 2-15 •CO per acre 4 Acreage, over 20 acres - mow g $ 2.ct per acre Recurring M1 5 Vacant lot - mowing, trimmin;., clearing /disposal of trimmings $ ( J CO per lot 6 Developed lot - mowing, trim i ing, clearing / disposal of trimmings $ z3:) per lot 7 Acreage, 1 to 20 acres - mowi g, trimming, clearing / disposal of trimmings $ 1� d0 per acre 8 Acreage, over 20 acres - mow ng $ I co per acre PART B - CLEA?41N G OF AND DEB IIS 9 Cleaning of trash and debris - pick up of all trash and debris including labor, vehicles, equipment and dispo..1 costs $ O. CP per hour2 10 Seed and mulch, including -DOT 240 seed mix @ 100 lbs/acre and Type 1 Mulch with 90% cov:rage at two tons per acre $ lc 3.00 per acre3 PART C - SECURING PROPER' 'm 11 Boarding and securing prope - boarding of broken windows, including all labor, vehicles, equipment an. supplies $per 1 opening 12 Securing property - lockin 14 or otherwise securing unsecured openings, windows or doorways includi g all labor, vehicles, equipment and supplies $ 1 CO-CO per opening PART D - SNOW REMOVAL 13 Single street residential si. ewalk (92 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover $ C00 CA per event 14 Single street residential si.ewalk (92 feet by 4 to 5 feet average) 4- to 8-inch snow cover $ 10 OD per event 15 Corner lot residential sidewal (182 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover $' I O Ob per event 16 Corner lot residential sidewal (182 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover To 137'. 7 ,gyp $ ! ��. Oo per event 17 Other residential sidewalk sn. removal $ 15 co per hour2 18 Single street Central Busines. District sidewalk (25 feet by 8 to 10 feet average) 4 1.5- to 4-inch snow • over $ • OCJ per event 19 Single street Central Busines. District sidewalk (25 feet by 8 to 10 feet average) 4 4- to 8-inch snow co er $ -7,5 co per event 20 Single street Central Busines. District sidewalk (50 feet by 8 to 10 feet average) 4 1.5- to 4-inch snow over $ i t per event 21 Single street Central Busines. District sidewalk (50 feet by 8 to 10 feet $ 1 . CO 2018 Quote Form Page 2 of 6 1. Reoccurring mowing shall be done no earlier than 14 days after the last mowing and no later than 21 days after the last mowing. 2. Price per hour will be multiplied by the number of workers needed to complete the job. 3. Price per acre shall be divided by square footage for Lots less than one acre in size. 4. Snow shall be removed from primary walking path, with a minimum eight foot (8') clear area. Snow is preferred to be removed from the site but may be stockpiled in an area no greater than two feet (2') back from the curb. 5. The following documents are attached to and made a condition of this Quote: a. Project References b. Affidavit of Non -Collusion c. Certificate of Insurance 6. Communications concerning this Quote shall be addressed to the address of CONTRACTOR indicated below. SUBMITTED on 2.2 t404 , 2017 IF CONTRACTOR IS: AN INDIVIDUAL By: Address: Telephone: E-mail: A PARTNERSHIP (Individual's Name) (Doing business as) By: (SEAL) (Firm Name) (General Partner) Address: Telephone: A CORPORATION E-mail: 2018 Quote Form Page 3 of 6 average) 4 4- to 8-inch snow cover per event 22 Comer lot Central Business District sidewalk (182 feet by 8 to 10 feet average) 4 1.5- to 4-inch snow cover $ 1 o. ©p per event 23 Comer lot Central Business District sidewalk (182 feet by 8 to 10 feet average) 4 4- to 8-inch snow cover $ 2-1 per event 24 Other Central Business District sidewalk snow removal $ 1S•CO per hour2 1. Reoccurring mowing shall be done no earlier than 14 days after the last mowing and no later than 21 days after the last mowing. 2. Price per hour will be multiplied by the number of workers needed to complete the job. 3. Price per acre shall be divided by square footage for Lots less than one acre in size. 4. Snow shall be removed from primary walking path, with a minimum eight foot (8') clear area. Snow is preferred to be removed from the site but may be stockpiled in an area no greater than two feet (2') back from the curb. 5. The following documents are attached to and made a condition of this Quote: a. Project References b. Affidavit of Non -Collusion c. Certificate of Insurance 6. Communications concerning this Quote shall be addressed to the address of CONTRACTOR indicated below. SUBMITTED on 2.2 t404 , 2017 IF CONTRACTOR IS: AN INDIVIDUAL By: Address: Telephone: E-mail: A PARTNERSHIP (Individual's Name) (Doing business as) By: (SEAL) (Firm Name) (General Partner) Address: Telephone: A CORPORATION E-mail: 2018 Quote Form Page 3 of 6 By: By: Attes MSP 0JtVcci-42_ (Corporation Name) (State of Corporation) Address: Telephone: Authorized to Sign) 1CfA 05 S gNoR.E D►2 , MFa '�J�i°tk A JOINT VENTURE — Each joint venture must sign. By: Address: Telephone: E-mail: 2018 Quote Form (Name) (Title) (Corporate Seal) E-mail: wy,s,0.34 Acer • Ca v By: Address: Telephone: E-mail: (Name) Page 4 of 6 Below is a listing of the five (5) completed. CONTRACTING AGENCY PROJECT REFERENCES ost recent projects of a similar nature to this project which we have IT''( OF S ilu--v)D'ie-- DESCRIPTION OF WORK ak.-I --�CZv2.14.•, FRoPfshr C, 1• 'Q-4171al__ AGENCY REPRESENTATIVE► TITLE crri era. P )o W 111M=44 ONE 6,51 • '1::.• X22. DATE OF CONTRACT t Dreg- let CONTRACTING AGENCY - 'Nr, C.09-42•0o►._ L.Ac401 V-1=•%•—• - DESCRIPTION OF WORK -. DESCRIPTION AGENCY REPRESENTATIVE TITLE c-c4.5tnai r o Sot R. P N1wk_ "tea..__. I ONE Cc51 • (0o2 • 1 b'• DATE OF CONTRACT Iilaira CONTRACTING AGENCY Si•RO \I o ,,^Y A+ta) i 44-i-cv-kizak-rr NIA DESCRIPTION OF WORK - ��cts- AGENCY REPRESENTATIVE TITLE Qiaocya4+o41 w,b P 1-bot "c.z1ou.— I ONE g•52. 2.• 123'N DATE OF CONTRACT '3•201• Ico c o1.l-aacrl 1-4"1,10.vaL CONTRACTING AGENCY Culiz u-lut _ DESCRIPTION OF WORK .w ,,,,,k, "QC AGENCY REPRESENTATIVE TITLES- 1 cca- ry P IONE se►`1/4.- 111/4.)c7P,024 kir, i-Z • 3 • lii6e1 DATE OF CONTRACT ► t 1 EL. CONTRACTING AGENCY E.1JaeP1a CColtr(' DESCRIPTION OF WORK - coc,r AGENCY REPRESENTATIVE TITLE Goilirvc.-, 1"h6w•t,, P . r/ixdp.�A0.i� ONE (pa • 1c, • T213co DATE OF CONTRACTS 3• I1 2018 Quote Form Page 5 of 6 STATE OF M. r -)e G am. COUNTY OF /4,74 e p;✓I AFFIDAVIT OF NON -COLLUSION I Hereby swear (or affirm) under the penalty of perjury: 1. That I am the Contractor (f the Contractor is an individual), a partner in the Contractor (if the Contractor is a partnershi ) or an officer or employee of the Contractor corporation having authority to Sign on its be alf (if the Contractor is a corporation); 2. That the attached quote or submitted without collusic course of action with any invitation to bid designed 3. That the contents of the qi employees or agents to an communicated to any sucl quotes have been arrived at by the Contractor individually and have been n with, and without any agreement, understanding or planned common ether vendor of materials, supplies, equipment or services described in the o limit individual bidding or competition; ote or quotes have not been communicated by the Contractor or its person not an employee or agent of the Contractor and will not be person, prior to submission of the quote or quotes; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and swo to befor- e this ( day of 20/7. ay/- toefi otary Public) KATHLEEN M McH GFS I*OTARY PUBLIC - MINNES TA MY COMMISSION EXPIRES 0 131119 2018 Quote Form (Title) Ou4-3oor (Company) Sem ;ce, ��C, Page 6 of 6 QUOTE FORM PROJECT IDENTIFICATION: 2018-2020 Annual Contract for Mowing, Snow Removal and Clean up Services SUBMISSION DEADLINE: November 10, 2017 at 4:30 PM SUBMITTED QUOTES TO: CITY OF STILLWATER COMMUNITY DEVELOPMENT DEPARTMENT ATTN: 2014 SERVICES CONTRACT 216 N. FOURTH ST. STILLWATER, MN 55082 eolson-williams@ci.stillwater.mn.us INDIVIDUAL/COMPANY NAME: /a4 sAvl"/4/L� 1. The undersigned CONTRACTOR proposes and agrees, if this Quote is accepted, to enter into an agreement with the City and perform and furnish all Work as indicated in the Quote Form and in the Contract Work, Contract Implementation, and Contract Conditions. 2. CONTRACTOR accepts all of the terms and conditions listed in the Quote Form and Contract Work, Contract Implementation, and Contract Conditions. CONTRACTOR shall provide a Certificate of Insurance listing the City of Stillwater as an additional insured and licensed to work within the City of Stillwater in accordance with the Contract Work, Contract Implementation, and Contract Conditions. 3. In submitting this Quote, CONTRACTOR represents, as more fully set forth in the Quote Form and the Contract Work, Contract Implementation, and Contract Conditions, that: a. CONTRACTOR has examined and carefully studied the Contract Work, Contract Implementation, and Contract Conditions and Quote Form. b. CONTRACTOR is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work. c. CONTRACTOR is aware of the general nature of Work to be performed for which this Quote is submitted and understands all terms and conditions for performing and furnishing the Work as indicated in the Contract Work, Contract Implementation, and Contract Conditions and Quote Form. d. This Quote is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to submit a false or sham Quote; CONTRACTOR has not solicited or induced any person, firm or corporation to refrain from bidding; and CONTRACTOR has not sought by collusion to obtain for itself any advantage over any other CONTRACTOR or over the City. e. CONTRACTOR understands and agrees that the terms of the General Conditions and Specifications are incorporated in and are part of this Quote Form. 4. CONTRACTOR will complete the Work for the following price (s): 2018 Quote Form Page 1 of 6 Item Work Description Unit Cost PART A = MOWING First Mowing 1 Vacant lot - mowing, trimming, clearing /disposal of trimmings $ /pr- per lot 2 Developed lot - mowing, trimming, clearing / disposal of trimmings $ �� per lot 3 Acreage, 1 to 20 acres - mowing, trimming, clearing / disposal of trimmings $ a-� per acre 4 Acreage, over 20 acres -mowing $ per acre Recurring Mowing' 5 Vacant lot - mowing, trimming, clearing /disposal of trimmings $ /.75- per lot 6 Developed lot - mowing, trimming, clearing / disposal of trimmings $/G' 9 per lot 7 Acreage, 1 to 20 acres - mowing, trimming, clearing / disposal of trimmings $ .) per acre 8 Acreage, over 20 acres - mowing $ ,/C per acre PART 13 - CLEANING OF TRASH AND DEBRIS 9 Cleaning of trash and debris - pick up of all trash and debris including labor, vehicles, equipment and disposal costs $ 6,6- per hour2 /6 6>q1/ ,ll/I- ;,M / 10 Seed and mulch, including MN -DOT 240 seed mix @ 100 lbs/acre and Type 1 Mulch with 90% coverage at two tons per acre $ per acre3 , L56-- PART C - SECURING PROPERTY 11 Boarding and securing property - boarding of broken windows, including all labor, vehicles, equipment and supplies $ per opening ,/,75.-- 7512 12 Securing property - locking or otherwise securing unsecured openings, windows or doorways including all labor, vehicles, equipment and supplies $ per opening /25 PART D - SNOW REMOVAL 13 Single street residential sidewalk (92 feet by 4 to 5 feet average) 1.5- to 4 -inch snow cover $�� per event 14 Single street residential sidewalk (92 feet by 4 to 5 feet average) 4- to 8 -inch snow cover $ /7& per event 15 Corner lot residential sidewalk (182 feet by 4 to 5 feet average)$ 1.5- to 4 -inch snow cover ./i91,2per event 16 Comer lot residential sidewalk (182 feet by 4 to 5 feet average)$ 1.5- to 4 -inch snow cover �� per event 17 Other residential sidewalk snow removal $ 6',' per hour2 18 Single street Central Business District sidewalk (25 feet by 8 to 10 feet average) 4 1.5- to 4 -inch snow cover $ -" per event bs, 19 Single street Central Business District sidewalk (25 feet by 8 to 10 feet average) 4 4- to 8 -inch snow cover $ /4 per event 20 Single street Central Business District sidewalk (50 feet by 8 to 10 feet average) 4 1.5- to 4 -inch snow cover $ /.0 per event 21 Single street Central Business District sidewalk (50 feet by 8 to 10 feet $ 2 /Q 2018 Quote Fonn Page 2 of 6 1. Reoccurring mowing shall be done no earlier than 14 days after the last mowing and no later than 21 days after the last mowing. 2. Price per hour will be multiplied by the number of workers needed to complete the job. 3. Price per acre shall be divided by square footage for lots less than one acre in size. 4. Snow shall be removed from primary walking path, with a minimum eight foot (8') clear area. Snow is preferred to be removed from the site but may be stockpiled in an area no greater than two feet (2') back from the curb. 5. The following documents are attached to and made a condition of this Quote: a. Project References b. Affidavit of Non -Collusion c. Certificate of Insurance 6. Communications concerning this Quote shall be addressed to the address of CONTRACTOR indicated below. SUBMITTED on /V0�/.lynZr g3 , 2017 IF CONTRACTOR IS: AN INDIVIDUAL By: aal6 (Individual's Name) i309.1es,7D %b/»a, /w5 -57,,Z g ('&57)/- 0/3 E-mail: _D 71/44(,6 /a1,2. Address: Telephone: (Doing business as) A PARTNERSHIP By: (Firm Name) Address: Telephone: (General Partner) (SEAL) E-mail: A CORPORATION 2018 Quote Form Page 3 of 6 average) 4 4- to 8 -inch snow cover per event 2/D 22 Comer lot Central Business District sidewalk (182 feet by 8 to 10 feet average) 4 1.5- to 4 -inch snow cover $ ft per event J v 23 Corner lot t Central Business District sidewalk (182 feet by 8 to 10 feet average) 4- to 8 -inch snow cover $ O per event 24 Other Central Business District sidewalk snow removal $ per hour2 1. Reoccurring mowing shall be done no earlier than 14 days after the last mowing and no later than 21 days after the last mowing. 2. Price per hour will be multiplied by the number of workers needed to complete the job. 3. Price per acre shall be divided by square footage for lots less than one acre in size. 4. Snow shall be removed from primary walking path, with a minimum eight foot (8') clear area. Snow is preferred to be removed from the site but may be stockpiled in an area no greater than two feet (2') back from the curb. 5. The following documents are attached to and made a condition of this Quote: a. Project References b. Affidavit of Non -Collusion c. Certificate of Insurance 6. Communications concerning this Quote shall be addressed to the address of CONTRACTOR indicated below. SUBMITTED on /V0�/.lynZr g3 , 2017 IF CONTRACTOR IS: AN INDIVIDUAL By: aal6 (Individual's Name) i309.1es,7D %b/»a, /w5 -57,,Z g ('&57)/- 0/3 E-mail: _D 71/44(,6 /a1,2. Address: Telephone: (Doing business as) A PARTNERSHIP By: (Firm Name) Address: Telephone: (General Partner) (SEAL) E-mail: A CORPORATION 2018 Quote Form Page 3 of 6 By: By: (Corporation Name) (State of Corporation) (Name of Person Authorized to Sign) (Title) Attest: (Corporate Seal) Address: Telephone: (Secretary) E-mail: A .JOINT VENTURE — Each joint venture must sign. By: By: (Name) (Name) Address: Address: Telephone: Telephone: E-mail: E-mail: 2018 Quote Fonn Page 4 of 6 PROJECT REFERENCES Below is a listing of the five (5) most recent projects of a similar nature to this project which we have completed. CONTRACTING AGENCY / ® a ( , DESCRIPTION OF WORK AGENCY REPRESENTATIVE i eu' / el ,j /e/ TITLE /, 4/I gp;a /PHONE G•v7- y39- 9 39 DATE OF CONTRACT,/ te/ CONTRACTING AGENCY /174/..("6/ 1L711 (5z1 aA) DESCRIPTION OF WORK /`�p6.;r� .71 6•-)occJ leo-yovci/747, 67/ /44o/ AGEN Y REPRESENTATIVE s i7♦ . 0.7 TITLF/,/.67A n.7fe ,'PHONE (oma 2. 02 6553�DATE OF CONTRACT " y,�D//v CONTRACTING AGENCY ,a),#7-7-56'47'�i DESCRIPTION OF WORK �-lo ualr77, ,G,�,za�Gr a•-ro c-��j � �Z g eeJeed AGENCY REPRESENTATIVE TITLE /4G1,de/ijsi://01 ,7PHONE 4,57-26,6,--20,7117 DATE OF CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK ,-10 o AGENCY REPRESENTATIVE A..4i . ../4/i TITLES �/14/0/;/ZZA PHONE (o ff r/ -280X DATE OF CONTRACT 0,57..2 CONTRACTING AGENCY "Oa* ea_ ?72 DESCRIPTION OF WORK "-7O(.viry AGENCY REPRESENTATIVE 4Y',,1 /4-/1/7 TITLE /%9,141e,",//-0/4.4. *1 PHONE :74,3-2'71/-351/4, DATE OF CONTRACT O9/1.26/4, Ly,Gcr/�go,/fsro' 2018 Quote Form Page 5 of 6 AFFIDAVIT OF NON -COLLUSION STATE OF s1'277 COUNTY OF I Hereby swear (or affirm) under the penalty of perjury: 1. That I am the Contractor (if the Contractor is an individual), a partner in the Contractor (if the Contractor is a partnership) or an officer or employee of the Contractor corporation having authority to Sign on its behalf (if the Contractor is a corporation); 2. That the attached quote or quotes have been arrived at by the Contractor individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; 3. That the contents of the quote or quotes have not been communicated by the Contractor or its employees or agents to any person not an employee or agent of the Contractor and will not be communicated to any such person, prior to submission of the quote or quotes; and 4. That I have fully informed myself regarding the accurajy of the statements made in this affidavit. Subscribed and sworn,to before me this �j day of NpVey2-7&/- 20/7 . (SEAL) YAMILE C GONZALEZ NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/19 2018 Quote For n (Title) r// 5 p4vh , 60'e.v snDva/Z6e Com an ( p Y) Page 6 of 6 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sander Director of Public Works DATE: November 30th, 2017 SUBJECT: Access Agreement DISCUSSION The contractor responsible for the Lift Bridge Rehabilitation Project, Kraemer North America (Kraemer) has approached the City about using the Barge Terminal Site as a staging area during construction of the project. Kraemer would use the site from July 1, 2018 to October 30, 2018 and possibly again during the painting of the bridge in the spring of 2019. Staff has been working on agreement, attached, for use of the site and along with a number of conditions includes a monthly payment to the City in the amount of $2857 for the duration of the agreement. RECOMMENDATION It is recommended that Council approve the access agreement for the Barge Terminal Site with Kraemer North America. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2017- APPROVING ACCESS AGREEMENT BETWEEN THE CITY OF STILLWATER AND KRAEMER NORTH AMERICA. RESOLUTION 2017-242 APPROVING ACCESS AGREEMENT BETWEEN THE CITY OF STILLWATER AND KRAEMER NORTH AMERICA BE IT RESOLVED, by the City Council of Stillwater, MN that the access agreement for the Lift Bridge Rehabilitation Project between the City of Stillwater and Kraemer North America, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorize the Mayor sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 5th day of December, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ACCESS AGREEMENT This ACCESS AGREEMENT (hereinafter referred to as "Agreement") is made as of this 29tf' day of November, 2017, by and between The City of Stillwater ("Grantor" or "Owner") and Kraemer North America, a Wisconsin corporation, with its principal place of business at One Plainview Road, Village Plain, State of Wisconsin, (referred to herein as "Grantee"). THE PARTIES AGREE AS FOLLOWS: 1. Access Granted. For the consideration herein set forth, Grantor grants, permits, and lets to Grantee the right to cross over the herein described premises: [See attached sketch] (the "Premises"). Access to the Premises shall be maintained at all times. As used in this Agreement, the term "Premises" refers to the real property described above. The City and its agents shall have available access to the lift station and the site at all times during the term of this agreement. During the occurrence of high water, the Grantee shall be responsible to remove all material and equipment from the Premises. Entrance to the north access road shall be blocked to prevent vehicle access. Signs shall be posted warning of pedestrians of no access to the site. Location of the signs must be approved by the City Engineer. The city will coordinate any existing entities using the access (MnDOT, for example). 2. Term. The Access to the Premises shall be for a term beginning July 1, 2018 and ending October 30, 2013. Extension of the term shall be on a month-to-month basis thereafter. 3. Consideration. Grantee shall pay to Grantor, as consideration, the sum of $2,857.00 per month. Payment for the month of July 2018 shall be paid no later than July 5, 2018, and rent for subsequent months shall be paid on or before the first day of each month. 4. Insurance. a. At Grantee's expenses, Grantee agrees to secure and maintain Workers' Compensation and Employers Liability Insurance in accordance with the laws of the State of Minnesota. A certificate of insurance shall be furnished to Grantor executed by the duly authorized representative of the insurer, indicating compliance with the insurance requirements stated herein. b. In connection with and in addition to the indemnity obligations of this Agreement, Grantee shall, at its own expense, secure and maintain general or public liability insurance, automobile liability insurance, for owned, non -owned and hired vehicles and commercial property insurance. Grantee shall name Grantor as an additional insured on said insurance policies. A certificate of insurance shall be furnished to Grantor, indicating compliance with the insurance requirements stated herein. The limits of coverage required under this Section must be at least $1,500,000 combined single limits for claims arising out of a single occurrence. 5. Indemnity. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless Grantor from and against claims, damages, losses, and expenses arising out of or resulting from the Grantee's use of the Premises, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible personal property including loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of Grantee or anyone directly employed by Grantee for whose acts Grantee may be liable. 6. Removable of Property and Repair. On or before the date of termination of this Agreement, Grantee agrees, at its expense, to leave the Premises in a clean, orderly and environmentally acceptable condition. Grantee shall be responsible for the repair of any damage caused to the Premises by its use of the Premises. 7. Default. In the event that either party to this Agreement fails or neglects to do or perform any act or thing provided in this Agreement by it to be done or performed, it shall be in default under this Agreement and should such failure continue for a period of seven (7) days after written notice from the non -failing party specifying the nature of the act or thing to be done or performed, then the non -failing party may, but shall not be required to, terminate this Agreement. Grantee agrees to indemnify and hold harmless Grantor from the costs thereof and liabilities thereof and liabilities therefrom as set forth Paragraph 5 of this Agreement. 8. Notices. Any notice, demand, or other writing permitted or required to be given or served in this Agreement by either party to the other, shall be deemed to have been fully given or served when made in writing and deposited in the United States Mail, postage prepaid, at the address of the party set forth below, or such other address as the party may hereinafter designate to the other party in writing: To: To: Address: Kraemer North America Attention: Bob Beckel 1020 Cliff Road West Burnsville, MN 55337 The City of Stillwater Attention: Shawn Sanders Director of Public Works 216 North Fourth Street Stillwater, MN 55082 9. Modification. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. 10. Assignment. Grantee agrees not to sell, assign, mortgage, pledge, or in any manner transfer this Agreement and not to sublet the Premises or any part or parts thereof without the previous written consent of Grantor. Any assignment or subletting consented to by Grantor shall not release Grantee from any of its obligations under this Agreement. 11. Complete Agreement. This Agreement contains all of the agreements of the parties. There are no other representations, agreements, undertakings, terms or provisions between the parties with respect to any matter covered or mentioned in this Agreement. 12. Severability. Any provision of this Agreement that shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall remain in full force and effect. -2- written. 13. Governing Law. This Lease and the agreements herein shall be construed in accordance with the laws of the State of Minnesota. 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their heirs, successors and assigns. 15. Titles. The titles or headings of all paragraphs herein are descriptive only and not controlling. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above GRANTOR: THE CITY OF STILLWATER By Title: GRANTEE: Kraemer North America -3- RESOLUTION 2017-243 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING AN AGREEMENT FOR PAYMENT IN LIEU OF REAL ESTATE TAXES FOR A PROJECT KNOWN AS ECUMEN STILLWATER CPC CASE NO. 2017-25 WHEREAS, Anne Stanfield of Ecumen has submitted an application for a Final Planned Unit Development and Special Use Permit to develop and operate a Senior Living Facility at 114 Brick Street South and 1616 Olive Street West; and WHEREAS, on November 7, 2017 the City Council approved the Final Planned Unit Development and Special Use Permit with several conditions; and WHEREAS, one condition of approval was that prior to release of the final plat for recording with Washington County, Ecumen must enter into an agreement with the City for payment in lieu of real estate taxes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the agreement, which is attached as Exhibit A. Enacted by the City Council of the City of Stillwater, Minnesota this 5th day of December, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT THIS AGREEMENT is entered into this day of , 20_, by and between Ecumen, a Minnesota non-profit corporation ("Ecumen"), and the CITY OF STILLWATER (the "City"). WHEREAS, the City has approved a Planned Unit Development and Special Use Permit for Ecumen to develop and operate a senior living facility in the City on the property described in Exhibit "A" (the "Facility"); and WHEREAS, Ecumen, in recognition of the City's approvals, agrees to make certain payments in lieu of taxes to the City if the Facility ever becomes exempt from real property taxes. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION 1. PAYMENTS IN LIEU OF TAXES. In the event that the Facility ever becomes exempt from real property taxes, the owner of the Facility at that time (the "Owner") must pay to the City annual payments in lieu of real property taxes in an amount not to exceed the amount of real property taxes which the City (but not the county, school district, or other taxing authorities) would have assessed against the Facility had it remained under the ownership of a non-exempt organization. SECTION 2. PROCEDURE. In that event, the City will cause the Facility to be valued initially in the month of December of each year and periodically on the same basis and in the same manner as taxable real property in the City is appraised for real estate tax purposes. The City will provide the Owner written notice of the value so determined. Owner shall have the right to contest such valuation in the manner provided by statute for contesting the valuation of taxable real property. The City will annually calculate the amount which would be payable to the City as real property taxes with respect to the Facility and will, on or before March 31 in each year, provide the Owner written notice of the method of calculation, calculation, and the amount so calculated. The Owner agrees to pay the City each year, the amount so calculated as payment in lieu of real property taxes ("PILOT"). The PILOT shall be due and payable on the same dates in each year as real property taxes are due and payable under laws of the State of Minnesota, but shall be paid by the Owner directly to the City. Any portion of the PILOT not paid when due shall bear interest at the same rate, calculated in the same manner, as delinquent real property taxes under the laws of the State of Minnesota. SECTION 3. REIMBURSEMENT. The City acknowledges that the Owner may seek reimbursement from federal and state agencies for part or all of the PILOT. The City agrees to cooperate fully with the Owner, without expense to the City, in the efforts of the Owner to apply for and collect the reimbursement. SECTION 4. TERM. This Agreement will continue in effect for so long as the Facility continues to be operated as a senior living facility, and is and will be binding on the successors, assigns and transferees of the Owner. SECTION 5. GOVERNING LAW. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. SECTION 6. CHANGE IN OWNERSHIP. Ecumen must provide written notice to the City of the closing of a sale of the property to another owner within 30 days following the closing. The notice must provide the name and address of the new owner and, if known, whether the new owner is or intends to become an entity that is exempt from real property taxes. Thereafter, the obligation to provide this notice to the City will be the obligation of such future Owner. Upon providing the notice required by this Section 6, Ecumen (and each subsequent transferor, upon giving of the required notice) shall be released from any obligations under this Agreement for the giving of notice or for making any PILOT. SECTION 7. NOTICES. All notices, reports or other communications relating to this Agreement must be sent to the parties at the following addresses, unless otherwise provided by one party to the other party in writing: If to Ecumen: If to the City: Ecumen 3530 Lexington Avenue North Shoreview, MN 55126 Attention: City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attention: J. Thomas McCarty -2- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF STILLWATER By J. Thomas McCarty Its City Administrator Ecumen, a Minnesota non-profit corporation Its -3- jil rC t- (5v1,?f sS, vdi(ergG (,1 (r Department: MIS STAFF REQUEST ITEM Date: 11/30/2017 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of two switches to replace the old switches at the St. Croix Valley Recreation Center. Switches are old switches that were used at City Hall for years and then put out at the Recreation Center and have been there for at least 7 years. 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 will be $9868.00. Funds were not budgeted for this in 2018 because we knew that we had rollover money that we could use. There are sufficient funds available for this purchase. 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 Holman0 Date: 11/30/2017 \'V\Yc%D frtPre0✓AL , <.r •"''� LOFFLER •0 A IT SOLUTIONS GROUP Technology Solution Proposal Jeff Gullickson jgullickson@loffler.com Bill To: Stillwater City - City Hall Rose Holman 216 N 4th St Stillwater, MN 55082 Phone: (651)430-8804 Fax: I.177# rats '- Description 1 2 EXTREME X440 -G2 -48P POE SWITCH 2 2 3YR NBD AHR EXTREMEWORKS SUPPORT 3 2 1M STACKING CABLES 4 2 POWER CORD 5 4 ESTIMATED LABOR TO INSTALL Date Proposal # 11/29/17 CTEQ15941 Valid through 12/22/2017 Ship To: Stillwater City - City Hall Rose Holman 216 N 4th St Stillwater, MN 55082 Phone: (651)430-8804 Fax: Unit Price Ext. Price $3,769.00 $635.00 $120.00 $20.00 $195.00 Total Investment Sales Tax Calculated on Shipping $7,538.00 $1,270.00 $240.00 $40.00 $780.00 $9,868.00 Invoice $0.00 $0.00 Total $9,868.00 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL PREP, INSTALL, DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. PARTIAL BILLING MAY APPLY FOR PRODUCTS AND SERVICES. THS DOCUMENT IS CONFIDENTIAL AND SHOULD NOT BE DISCLOSED TO ANY THIRD PARTY WITHOUT WRITTEN PERMISSION OF LOFFLER COMPANIES, INC Loffler Companies • Bloomington: MN • 952 925 6800 • info©affler cern • www loffler.com ©2015 Loffler Companies, Minnesota/Western Wisconsin 1 of 1 STAFF REQUEST ITEM Department: MIS Date: 11/30/2017 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a high speed scanner and a desk top scanner for the administration. The current scanners are over 10 years old and need to be replaced. 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) Money was not budgeted for these scanners in the 2017 budget because we were rolling money over from 2016 and we knew we would be able to use the money. There are sufficient funds available in the capital outlay budget for these scanners. The cost of the high speed scanner is $3856.44 and the cost of the desktop scanner is the $855.68. 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 IzEctotAkt\y3 Holav“, Date: 11/30/2017 0 CITIES DIGITAL TAKE INFORMATION FURTHER 2000 O'Neil Road Suite 150 Hudson, WI 54016 Name / Address City of Stillwater Attn: Diane Ward 216 4th Street N Stillwater, MN 55082 Item Estimate Date Estimate # 11/21/2017 6811 Cities Digital, Inc. 2000 O'Neil Road Suite 150 Hudson, WI 54016 P.855.714.2800 F.866.592.7343 E.sales@citiesdigital.com Rep LF Description Qty Cost Total HARDWARE DR -G1100 Canon Color Scanner DR -G1100 1 3,856.44 3,856.44T Subtotal $3,856.44 Sales Tax (0.0%) $0.00 Total $3,856.44 11/30/2017 10/1177 - Shopping Cart Canon imageFORMULA DR -M16011 MPG Par,-. 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Quantum - LTO Ultriurn x 1- 2,5 TB - storage media $29.36 NJPA 100614eCDW Technology Catalog Add to Cart Tripp Lite 50PK Cat5e Cat5 Apple 10.5 -inch iPad Pro Wi-Fi Microsoft Surface Pro -12.3" - Kingston High -Speed Media Ergotron Neo -Flex Dual LCD RJ45 Modular Connectors for,. -tablet - 64 GB -10.5" Core i7 7660U - 8 GB,,, Reader U5B 3,0 Lift Stand - stand https://www.cdwg.com/shop/cart/default.aspx?printable=1 1/2 Nliiwater TpF S W A N P I A C E U f MINNENUIA CITY COUNCIL PLANNING REPORT MEETING DATE: December 5, 2017 CASE NO.: 2017-53 Planning Commission: November 8, 2016 APPLICANT: Larry and Paulette Lappi, property owners REQUEST: Consideration of a re -subdivision and a Zoning Map Amendment (ZAM) for a track of undeveloped right-of-way adjacent to Elm Street PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND City staff was approached by the Lappis in early 2016 about whether or not their property, at 900 Broadway Street North, could be split into two developable parcels. Although it is bordered by North First Street on the west and Elm Street on the South, the property at 900 Broadway does not have enough buildable area outside of the steep slope areas to create a new lot. At that time city staff directed the property owners to MNDOT staff to discuss the potential purchase of MNDOT owned land near this intersection. In discussions with MNDOT, City Engineering, Public Works and Community Development staff determined there would be sufficient land adjacent to the platted Elm Street East for future roadway developments, extension of public utilities, as well as for snow plowing and storage were needed. However, staff advised the property owner the approval of division of their lot and the development of a newly combined lot would be determined by the City Council. In August, 2017, MNDOT conveyed to Larry and Paulette Lappi a portion of undeveloped Right -of -Way (ROW) located adjacent to Elm Street East that has been designated as Parks, Recreation, Open Space in the 2008 Comprehensive Plan. The approximately 125' long by 50' deep, 5,764 square foot of land was determined by MNDOT to be excess land and eligible for private sale. City Engineering and Community Development staff worked extensively with MNDOT and the Lappis prior to the division of MNDOT's land and the Lappi's purchase. While the Lappi's own the land, the City has not legitimized the creation of a new lot in this location yet. This is because the portion of land MNDOT conveyed to the Lappis is not a legal, conforming lot of record. In order for MNDOT's land to become a legal, conforming lot of record, a portion of it must be combined with a portion of the Lappi's property to create a lot that meets the minimum lot size required in the RB -Two Family Residential zoning district. SPECIFIC REQUEST Larry and Paulette Lappi, have submitted a two-part application for the City's consideration of: • The consideration of a Zoning Map Amendment (ZAM) of a track of undeveloped right-of-way adjacent to Elm Street East to be included in the RB - Two Family Residential zoning district; and • A Resubdivision and Consolidation (otherwise referred to as a Lot Line Adjustment) that would create a new lot by combing MNDOT's excess land and a portion of the Lappis' homestead property, located at 900 Broadway Street North. The Planning Commission considered the Zoning Map Amendment (ZAM) request in a public hearing on November 15, 2017. The resubdivision and consolidation request need only be considered by the City Council. REQUEST ANALYSIS The Council must find that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Prior to approving a ZAM, the Commission must determine that the public necessity, the general community welfare, and good zoning practice permit the amendment. As noted, the 5,764 square foot piece of land previously owned by MNDOT has been determined to be excess land, eligible for sale in the private market. In and of itself, the land holds no value to any private landowner. A 1,733 square foot portion of the Lappi's property could be combined with the former MNDOT parcel to create a 7,500 square foot buildable lot in the RB - Two Family Residential district. However, the Lappi's are choosing to combine a greater portion of their property at 900 Broadway Street North with the MNDOT lands. If the resubdivision and consolidation were approved, both of the Lappi properties would be conforming to the RB - Two Family Residential zoning district minimum requirements. An analysis of the total lot area, net area, and building area for both parcels is as follows: Parcel 1 Proposed Lot Parcel 2 900 Broadway North Case No. 2017-53 CC" December 5, 2017 Page 2 of 4 Total Lot Area 16,795 +/- sq. ft. 35,750 +/- sq. ft. Net Area (less steep slopes) 11,200 +/- sq. ft. 9,750 +/- sq. ft. Total Building Area 1,820 square feet Developed The new developable parcel of land would be approximately 16,795 square feet and contain a 1,820 square foot building pad. While 5,703 square feet of the lot will be located on a steep slope, the remaining square footage will be outside of the slope area. The 1,820 square foot building pad accounts for lands outside of the 30' steep slope setback. This building lot area is in keeping with the building area for a property platted in this north hill neighborhood. Traditional lots are platted at 50' wide by 150' deep. As these 7,5000 square foot lots are permitted to have 25% maximum structural coverage, the building pad area is just slightly smaller than that of the neighborhood (which is 1,875 square foot maximum structural coverage). According to City Attorney Magnuson, the land at the corner of First Street North and Elm Street East was once occupied by a house. As the lot and buildable lot area are consistent with adjacent properties in this neighborhood, the general community welfare would be furthered by rezoning the 5,764 of land to RB - Two Family Residential and allowing a home to be constructed here again. All new lots in the City of Stillwater are required to dedicate land for parks and trails. However, no parks or trails are proposed for this area. As such, the request will be forwarded to the City Park and Recreation Commission (on December 18th) for their consideration of a recommendation to accept a fee in lieu of dedicated land. The current fees are $2,000 for parks and $500 for trails. ALTERNATIVES A. ApprovalIf the City Council finds the proposal, or a portion thereof, to be consistent with the provisions of the Zoning Ordinance, Subdivision Ordinance and the Comprehensive Plan, the Council should move to approve the attached Resolution and Ordinance. 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, or a portion thereof, is not consistent with the provisions of the Zoning Ordinance, Subdivision Ordinance and the Comprehensive Plan, the Council should move to approve the attached Resolution and Ordinance. The Commission should indicate a reason for such recommendation. Case No. 2017-53 CC" December 5, 2017 Page 3 of 4 FINDINGS AND RECOMMENDATION The proposed Resubdivision, Consolidation and Zoning Map Amendment are in general conformance with the principles and policies set forth in the comprehensive plan as well as the Zoning and Subdivision Ordinances. The proposed RB - Two Family Residential is not consistent with the future land use designation set forth in the Comprehensive Plan. However, as the property owner is proposing excess lands to be added to the adjacent RB - Two Family Residential district and all lot area requirements can be met if the property is approved to be combined with a portion of the Lappi property, then the public necessity and the general community welfare are furthered. Therefore, the following recommendations are made: Planning Commission The Planning Commission recommended the rezoning of a 5,764 square foot of MNDOT excess land, adjacent to Elm Street East and the southeast property boundary of 900 Broadway Street North, to RB - Two Family residential. City Staff City staff recommended approval of the Resubdivision and Consolidation of land with the following conditions: 1. If determined acceptable by the Park and Recreation Commission, this development will be responsible for paying $2,500 to the City for park and trail dedication fees. The fees shall be paid prior to the recording the resubdivision and consolidation approval. 2. The resubdivision and consolidation shall not effective until the property is legally rezoned to RB - Two Family Residential. 3. The land shall be designated on the Future Land Use as Low/Medium Density Residential during the 2040 Comprehensive Plan update process. City staff also recommends the rezoning of a 5,764 square foot of MNDOT excess land, adjacent to Elm Street East and the southeast property boundary of 900 Broadway Street North, to RB - Two Family residential. ATTACHMENTS Applicant Narrative Site Location Map Colored Survey Draft Resolution Draft Ordinance Case No. 2017-53 CC" December 5, 2017 Page 4 of 4 October 15, 2017 Abbi Jo Wittman City Planner City of Stillwater 216 4th Street North Stillwater, MN 55082 Dear Ms. Wittman: We are requesting to combine Parcel 1, a 11,028 square foot portion of our 46,797 square foot property (PID# 28.030.20.12.0058) with our adjacent 5,767 square foot parcel (Certificate of Title 75363) into a buildable lot for a third party. The 5,767 square foot parcel was purchased from the Minnesota Department of Transportation (MNDOT) after determination by City Staff that combining this parcel from MNDOT with the aforementioned portion of our lot would meet all requirements for a new buildable lot. (Prior to our purchase of the parcel from MNDOT, City Staff provided input to MNDOT to ensure that the City's street right-of-way requirements would also be met along East Elm Street and North First Street.) The combined parcel will contain a total of 16,795 square -feet with 11,092 square feet having less than a 24% slope. The building pad area, within the setbacks on this proposed new buildable lot, is 1820 square feet. (See attached survey.) The parcel that we acquired from MNDOT, was originally zoned RB—Two Family District (RB - 2), but was changed to Parks, Recreation or Open Space (PROS) in 2011. We request that this parcel be rezoned back to RB -2. Electric, phone and gas services are available on the west side of First Street North. Sanitary sewer is available in First Street North and in Elm Street East. City water is located at the First Street North intersection with Wilkins Street East. It could be expensive to run City water to the new lot. The Board of Water Commissioners gave approval for a well on this new lot provided that: 1) Water usage will be metered for the purpose of sanitary sewer billing, and 2) Connection to City water will be made if and when City water becomes available. (See attached Board of Water Commissioners Minutes dated October 8, 2015.) Please let us know if you require additional information. Sincerely, Larry Lappi Paulette M. Lappi (' PO Box 283 Stillwater, MN 55082 Tlk ,,, a Yq t �' E SYCAMORE ST 1 Z I Ftg D z 1 liimater The Birthplace of Minnesota . 1 -r. .;i 4-. z }. 1 _ aw w W'r�/�E NV Site Location Map O w , :- I Ct_ Z i WEST ASPEN STREET 900 Broadway St N EAST ASPEN STREET Z Z = I 0 10 i m g\ 0- i LU Z = 1 7 0 LL1F'<1Sr 1 ESM ST i— /\)-1 RP7- a 11 0 270 540 1.080 Feet i _ o ,! General Site Location — Z J. ,_" ° flI J Z SjR"j so k0 SCREE E SSRE�j i, IESS MPP S v EPS' SPUR z° w L< � 1 z z A 1Y 0 �REE( �`d , 2 A S Z A -. \P0R0� ° F - 0 % NESS 0 1 o EEz z o R� gSR o ti m �m �y 1 ! 1 1 1 1 it 1 r ill-"--... i i 1 i 1 „ IIto c' 1 Z1 Irk ...� 1.011, °� ,. � .` . � w....w. . r. 1.; \ m F , . Ty wig' — :. a.. SRE� Sheet. 1 of 3 Sheets ZeT 4 Liivc /i54W 577 !/9C T U'. (Ca vii ria v vee y fiv!.774--' .7i/we /89z r'irr aea Nd, iG 1) Notes: CERTIFICATE OF SURVEY Bearing system is assumed datum, "M." Indicates measured value. "R." Indicates recorded value. Contours shown are based on field data obtained in August of 2017 and represents current site conditions. 4'± to 8'± High wildflower plantings are inplacc on portions of the overall parcel. Contours are based on NGVD Vert. Datum. SURVEY MADEEXCLUSIVELY PORI Paulette M. Lappi and Stillwater, Minnesota Notes: BARRF,ttb4.STACK o indicates 813774 iron mon. set. STILLWATER.MINN. 35082 • Indicates mon. found as noted. MINNUOTARRWBTRRfo Proposed Parcel 1 is part of the IANDSURVRYOR overall rarcel as desc. en Cert. of (651) 439-5630 Title No. 7]060. Said Parcel 1 is to be combined with the parcel desc. on Cert. of Title No. 75363 to create 1 buildable parcel. City of Stillwater Lot Line Adj. approval is required to create this parcel. Larry R. Lappi, P 0 Box 283, 55082 DESCRIPTION: Existing Overall Parcel Description: (see Cert. of Title No. 71060) Add'1. Lappi Parcel Description: (per Cert. of Title No. 75363) Proposed Parcel 1 and Proposed Parcel 2 Descriptions are as proposed on Sheets 2 and 3. Additional Notes: Underground of Overhead, Public or private Utilities, on or adjacent the parcels, were not located in conjunction with this survey, unless shown or noted otherwise. Combined Parcels Overall Area: (Cert. Title Parcel 75363 and Proposed Parcel 1) Combined Overall Parcel Area: = 16,795 square feet (0.3856 Acret) Comb. Parcel over 246 Grade: Comb. Parcel less 244. Grade: Comb. Parcels Overall Area; Building Pad Area Building Setback Requirements: Front Setback: (street) Side Setback: 24% Grade Setback: - 5,703 square feet!. - 11,092 square feet. = 16,795 square feet_±. 1,820 square feet±. (As Supplied By the City of Stillwater) 20 feet NA 30 feet LS tv et fov ve)v bwvAe, E MNDoT rtirceC 4' oikv'V"eAAA-11 ZOv1e,4 1247 MNDoT IZ,t+-ained v'i k -of - \NA i of �1e G�e�e d � LarTvDr-1a� ask cif goo3+�aaw1ei ec 'r?)') ?ioeA a67 view kAadatble 10- e-- 4-- �— EX6,47-6 �� j,M 9h/eel- vont 4.10 I hereby certify that this survey. plan, or report was prepped by me or under my direct supervision and that 1f am a duly Reaisuwed land Surveyor under the laws of the State of Minnesota. k r{..y01, Dite , 9-5-2017 Rr No.,. 13774 RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A RESUBDIVISION AND CONSOLIDATION CASE NO. 2017-53 WHEREAS, Larry and Paulette Lappi ("Lappis") have submitted an application for approval of: 1. Rezoning of former MNDOT Right -of -Way; and 2. Resubdivision of an existing parcel of land, located at 900 Broadway Street North; and 3. Consolidation of two parcels of land, legally described on Exhibit A. WHEREAS, on November 8, 2017 the Planning Commission held a public hearing on the associated requests and, upon hearing testimony from the public, unanimously recommended approval of the request; and WHEREAS, on December 5, 2017 the City Council held a public hearing on the requests and found them to be compatible with the neighborhood and consistent with the City's Zoning Ordinance, Subdivision Ordinance, and the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Resubdivision and Consolidation with the following conditions: 1. If determined acceptable by the Park and Recreation Commission, this development will be responsible for paying $2,500 to the City for park and trail dedication fees. The fees shall be paid prior to the recording the resubdivision and consolidation approval. 2. The resubdivision and consolidation shall not effective until the property is legally rezoned to RB - Two Family Residential. 3. The land shall be designated on the Future Land Use as Low/Medium Density Residential during the 2040 Comprehensive Plan update process. Enacted by the City Council of the City of Stillwater, Minnesota this 5th day of December, 2017. CPC Case No. 2017-53 Page 2 of 6 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk CPC Case No. 2017-53 Page 3 of 6 Exhibit A (Part of an overall Parcel described on Cert. of Title No. 71060, Wash. Co. Records) All that part of Lot 23, Block 7, Carli and Schulenburg's Addition to Stillwater, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota, including all rights of reversion which have attached to and become a part of said Lot 23 by reason of the vacation of Aspen Street in said City of Stillwater, described as follows, to wit: Beginning at a point on the west line of said Lot 23 at a point on the east line of North First Street which is 100 feet south of the intersection of said east line of North First Street and the south line of original Aspen Street, now vacated; thence on an assumed bearing of North 88 degrees 54 minutes 21 seconds East along a line parallel with said vacated Aspen Street a distance of 125 feet; thence North 01 degree 05 minutes 39 seconds West 26.92 feet; thence North 44 degrees 51 minutes 50 seconds West 49.80 feet; thence North 22 degrees 16 minutes 15 seconds West 50.54 feet, more or less, to the intersection with a line drawn parallel with and 20.00 feet southerly of the centerline of said vacated Aspen Street; thence South 88 degrees 54 minutes 21 seconds West, along said parallel line, 71.40 feet, more or less, to the intersection with said east line ofNorth First Street, extended; thence South 00 degrees 37 minutes 49 seconds East, along said extended line and along said east line of North First Street 110.00 feet, more or less, to the point of beginning. Subject to an easement for utility purposes, over, under and across a strip of land 20.00 feet in width, being 10.00 feet on each side of the following described centerline, to wit: Commencing at the intersection of the east line of North First Street and the south line of original Aspen Street, now vacated; thence South 00 degrees 37 minutes 49 seconds East, assumed bearing, along said east line of North First Street, a distance of26.23 feet, to the point of beginning of easement centerline being described, thence North 79 degrees East , along said centerline, 28.55 feet; thence North 84 degrees 07 minutes East, along said centerline, 44.68 feet; thence North 60 degrees 40 minutes East, along said centerline, 15.00 feet to the end of the centerline being described. The westerly terminus of the sidelines of said easement being CPC Case No. 2017-53 Page 4 of 6 extended or shortened as to terminate at said east line of North First Street. AND All that part of Block Seven (7) of CARLI AND SCHULENBURG'S ADDITION TO STILLWATER, County of Washington, Minnesota, as the same is shown on the Official Plat of The City of Stillwater, now on file in the office of the Register of Deeds in and for the County of Washington, Minnesota, described as follows, viz: Beginning at a point in the West line of North Main Street extension as the same is now laid out and opened through and across said Block Seven (7), where the South line of a certain tract of land deeded by C. Carli and Lydia A. Carli, his wife , to Louis Bergeron and Emil Kruger, by Warranty Deed dated March 31st 1874, and recorded in the office of the Register of Deeds of said Washington County, in Book "Z" of Deeds on Page 135, intersects said West line of North Main Street extension, said point being Two hundred eighty-three (283) feet South of the South line of Sycamore Street, measured parallel with the West line of original Lake Street (now vacated) and running thence Southerly along said West line of North Main Street extension Fourteen hundred eighty and forty-nine hundredths (1480.49) feet to the North line of Elm Street in said City, said point being Thirty and ninety-two hundredths (30.92) feet North of the Northeast corner of the Minnesota State Prison property, measured on said West line of North Main Street extension ; thence Northwesterly along the North line of said Elm Street, being parallel with and Thirty (30) feet Northerly from the North line of said Prison property, Three hundred fifty-five and twenty-five hundredths (355.25) feet; thence Westerly by angle of 23 degrees 56 minutes to left, along said North line of Elm Street, and parallel with said North line of State Prison property, Two hundred thirteen and two tenths (213.2) feet to the East line of North First Street; thence North along the said East line of North First Street, to a point in said line One hundred (100) feet South of the South line of original Aspen Street (now vacated): thence East parallel with said vacated Aspen Street, One hundred fifty (150) feet; thence Southeasterly in a direct line to the Southwest corner of Lot Twenty-two (22) in said Block Seven (7); thence Southeasterly along the South line of said Lot Twenty-two (22), -to a point where a line drawn parallel with and One hundred fifty (150) feet westerly from the East line of Lots Nineteen (19), Twenty (20), Twenty-one (21) and the North part of Lot Twenty-two (22) in said Block Seven (7) intersects said South line of said Lot Twenty-two (22); thence Northeasterly on said line parallel with and One hundred fifty (150) feet Westerly from the East line of said Block Seven (7), Three hundred fifteen (315) feet to a point Sixty (60) feet South of the North line of Lot Eighteen (18) in said Block Seven (7): thence Westerly parallel with the North line of said Lot Eighteen (18), to the West line of said Lot; thence North along the CPC Case No. 2017-53 Page 5 of 6 West line of said Lot Eighteen (18), to the Northwest corner of same; thence Southeasterly along the North line of said Lot Eighteen (18), to a point One hundred fifty (150) feet West of the East line of said Block Seven (7); thence Northeasterly parallel with and One hundred fifty (150) feet Westerly from the East line of said Block Seven (7): Seventy-five (75) feet to the North line of Lot Seventeen (17) in said Block Seven (7); thence Northwesterly Four and thirty- seven hundredths (4.37) feet to a point in a line drawn parallel with and One hundred fifty (150) feet Westerly from the East line of Lot Sixteen (16) in said Block Seven (7), said point being Fifty (50) feet South of the North line of said Lot Sixteen (16); thence Northerly parallel with the East line of said Block Seven (7); Seventy-five (75) feet to a point Fifty (50) feet South of the North line of Lot Fifteen (15) in said Block Seven (7); thence Westerly parallel with the said North line of Lot Fifteen (15), to a point Two hundred eighteen (218) feet East of the East line of North Broadway in said Addition ; thence North parallel with and Two hundred eighteen (218) feet Easterly from said East line of North Broadway, Five hundred two (502) feet more or less to the North line of Lot Eight (8) in said Block Seven (7); thence Northeasterly along said North line of said Lot Eight (8), to a point One hundred fifty (150) feet Westerly from the East line of said Block Seven (7); thence Northwesterly parallel with and One hundred fifty (150) feet Westerly from said East line of said Block Seven (7); Two hundred ninety-eight and seven tenths (298.7) feet more or less to a point in the South line of a tract of land hereinbefore mentioned, conveyed by C. Carli and wife to Louis Bergeron and Emil Kruger, by Warranty Deed dated March 31st, 1874 and recorded in Book "Z" of Deeds on Page 135; thence East along the South line of said tract of land, said line being parallel with and Two hundred eighty-three (283) feet Southerly from the South line of Sycamore Street, to the place of beginning. EXCEPTING from the above described property all that part of Lot Eight (8), and all of the South Fifty (50) feet of Lot Nine (9) in said Block Seven (7), included within the above described boundaries; which lies within the following described tract: Commencing at the most Southwesterly corner of Tract A hereinbefore described; thence Northerly along the most Westerly line of said Tract A for Forty-seven (47) feet to the point of beginning of the tract to be described; thence continue Northerly on said Westerly line to its intersection with the northerly line of said Tract A; thence Easterly on said northerly line for One hundred twenty-five (125) feet; thence Southerly at right angles to said Northerly line to an intersection with a line run parallel with and distant Twenty (20) feet Northerly of the South line of said Tract A; thence Westerly to a point distant Twenty-five (25) feet Northerly (measured at right angles) of a point on the South line of said Tract A, distant Thirty-six (36) feet Easterly of said Southwest corner; CPC Case No. 2017-53 Page 6 of 6 thence Northwesterly to the point of beginning; containing 5,754 square feet, more or less. CPC Case No. 2017-53 Page 1 of 3 ORDINANCE AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE, BY AMENDING THE ZONING MAP OF THE CITY TO REZONE CERTAIN PROPERTY TO THE RB - TWO FAMILY RESIDENTIAL DISTRICT The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the subject property, location of which is legally described on Exhibit A is hereby amended to RB, Two -Family Residential. This proceeding is known as Planning Case No. 2017-53. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 5th of December, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk CPC Case No. 2017-53 Page 2 of 3 EXHIBIT A All that part of Block Seven (7) of CARLI AND SCHULENBURG'S ADDITION TO STILLWATER, County of Washington, Minnesota, as the same is shown on the Official Plat of The City of Stillwater, now on file in the office of the Register of Deeds in and for the County of Washington, Minnesota, described as follows, viz: Beginning at a point in the West line of North Main Street extension as the same is now laid out and opened through and across said Block Seven (7), where the South line of a certain tract of land deeded by C. Carli and Lydia A. Carli, his wife , to Louis Bergeron and Emil Kruger, by Warranty Deed dated March 31st 1874, and recorded in the office of the Register of Deeds of said Washington County, in Book "Z" of Deeds on Page 135, intersects said West line of North Main Street extension, said point being Two hundred eighty-three (283) feet South of the South line of Sycamore Street, measured parallel with the West line of original Lake Street (now vacated) and running thence Southerly along said West line of North Main Street extension Fourteen hundred eighty and forty-nine hundredths (1480.49) feet to the North line of Elm Street in said City, said point being Thirty and ninety-two hundredths (30.92) feet North of the Northeast corner of the Minnesota State Prison property, measured on said West line of North Main Street extension ; thence Northwesterly along the North line of said Elm Street, being parallel with and Thirty (30) feet Northerly from the North line of said Prison property, Three hundred fifty-five and twenty-five hundredths (355.25) feet; thence Westerly by angle of 23 degrees 56 minutes to left, along said North line of Elm Street, and parallel with said North line of State Prison property, Two hundred thirteen and two tenths (213.2) feet to the East line of North First Street; thence North along the said East line of North First Street, to a point in said line One hundred (100) feet South of the South line of original Aspen Street (now vacated): thence East parallel with said vacated Aspen Street, One hundred fifty (150) feet; thence Southeasterly in a direct line to the Southwest corner of Lot Twenty-two (22) in said Block Seven (7); thence Southeasterly along the South line of said Lot Twenty-two (22), to a point where a line drawn parallel with and One hundred fifty (150) feet westerly from the East line of Lots Nineteen (19), Twenty (20), Twenty-one (21) and the North part of Lot Twenty-two (22) in said Block Seven (7) intersects said South line of said Lot Twenty-two (22); thence Northeasterly on said line parallel with and One hundred fifty (150) feet Westerly from the East line of said Block Seven (7), Three hundred fifteen (315) feet to a point Sixty (60) feet South of the North line of Lot Eighteen (18) in said Block Seven (7): thence Westerly parallel with the North line of said Lot Eighteen (18), to the West line of said Lot; thence North along the West line of said Lot Eighteen (18), to the Northwest corner of same; thence Southeasterly along the North line of said Lot Eighteen (18), to a point One hundred fifty (150) feet West of the East line of said Block Seven (7); thence Northeasterly parallel with and One hundred fifty (150) feet Westerly from the East line of said Block Seven (7): Seventy-five (75) feet to the North line of Lot Seventeen (17) in said Block Seven (7); thence Northwesterly Four and thirty-seven hundredths (4.37) feet to a point in a line drawn parallel with and One hundred fifty (150) feet Westerly from the East line of Lot Sixteen (16) in said Block Seven (7), said point being Fifty (50) feet South of the North line of said Lot Sixteen (16); thence Northerly parallel with the East line of said Block Seven (7); CPC Case No. 2017-53 Page 3 of 3 Seventy-five (75) feet to a point Fifty (50) feet South of the North line of Lot Fifteen (15) in said Block Seven (7); thence Westerly parallel with the said North line of Lot Fifteen (15), to a point Two hundred eighteen (218) feet East of the East line of North Broadway in said Addition ; thence North parallel with and Two hundred eighteen (218) feet Easterly from said East line of North Broadway, Five hundred two (502) feet more or less to the North line of Lot Eight (8) in said Block Seven (7); thence Northeasterly along said North line of said Lot Eight (8), to a point One hundred fifty (150) feet Westerly from the East line of said Block Seven (7); thence Northwesterly parallel with and One hundred fifty (150) feet Westerly from said East line of said Block Seven (7); Two hundred ninety-eight and seven tenths (298.7) feet more or less to a point in the South line of a tract of land hereinbefore mentioned, conveyed by C. Carli and wife to Louis Bergeron and Emil Kruger, by Warranty Deed dated March 31st, 1874 and recorded in Book "Z" of Deeds on Page 135; thence East along the South line of said tract of land, said line being parallel with and Two hundred eighty-three (283) feet Southerly from the South line of Sycamore Street, to the place of beginning. EXCEPTING from the above described property all that part of Lot Eight (8), and all of the South Fifty (50) feet of Lot Nine (9) in said Block Seven (7), included within the above described boundaries; which lies within the following described tract: Commencing at the most Southwesterly corner of Tract A hereinbefore described; thence Northerly along the most Westerly line of said Tract A for Forty-seven (47) feet to the point of beginning of the tract to be described; thence continue Northerly on said Westerly line to its intersection with the northerly line of said Tract A; thence Easterly on said northerly line for One hundred twenty-five (125) feet; thence Southerly at right angles to said Northerly line to an intersection with a line run parallel with and distant Twenty (20) feet Northerly of the South line of said Tract A; thence Westerly to a point distant Twenty-five (25) feet Northerly (measured at right angles) of a point on the South line of said Tract A, distant Thirty-six (36) feet Easterly of said Southwest corner; thence Northwesterly to the point of beginning; containing 5,754 square feet, more or less. iliwater Administration TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: 12/1/2017 RE: 2018 Music on the River Special Event Genius of Fun Event Production (Woody McBride) presented a concept plan of his 2018 Music on the River Event at the City Council meeting in October and Council approved the concept. Mr. McBride of has made application for a Special Event Permit to host the 2018 Music on the River on Sundays, June 1 through September 31, 2018 from 12 p.m. to 3 p.m. with set up and cleanup an hour before and after each event. This event is a Special Event with Contract, as the Music on the River will cover multiple days throughout the summer, therefore requires Council approval. The Parks & Recreation Commission reviewed the event and recommended approval. The Downtown Parking Commission reviewed and denied the request for six (6) parking spaces however, they did approve the event. A letter is attached from the IBA requesting the Council to rescind the approval of the event for 12 Sundays or limit it to once a month with no vendors. Also attached is a response from Mr. McBride. Should Council approve the event and contract, the fees for City services, materials and parking will be charged according to the 2018 Fee Schedule. The Organizer must provide all insurance, coordinate with Police, Fire, and Public Works, and pay for City services. ACTION REQUIRED: Review and if Council wishes to approve the event and contract, they should pass a motion adopting a resolution entitled "APPROVING THE 2018 MUSIC ON THE RIVER SPECIAL EVENT AND CONTRACT." Nair' Stillwater iha Dear Mayor, City Council Members and City Administration, On behalf of the Main Street Stillwater Independent Business Alliance members, we ask that you rescind your approval of Woody McBride's Music Festival that was approved for 12 summer Sundays in 2018. Or at least limit it to once a month with no vendors. Our concerns increased after Mr. McBride visited our IBA meeting. It seems to have changed from a simple summer concert series to an event. First, he does plan to include vendors at the concert site. 2-10 vendors, but if he doesn't get enough sponsorships then he would need more. There are over 100 tax paying vendors just a block away. Many of these businesses live for summer weekends. They shouldn't have to compete with outside vendors. Second, this event is planned for every single summer Sunday in 2018. Sundays in the summer are already our 2nd busiest days of the week downtown. We do not need an additional event to encourage people to come to town. They are already here. Third, there are weddings on Sunday afternoons at the gazebo and music on patios all around the amphitheater. This event will affect those things as well. We are all very aware of the fact that along with our new bridge and reconstruction of the old one, there will be more and more groups requesting downtown space. We will be sought after from organizers looking to have events in our beautiful downtown. Back in 2012, there was discussion of a moratorium on new events downtown during the high season. The conversation was about no longer approving more private events or fundraisers than we have in the past and preferably Tess during our high season. We don't need events to bring people to town. They need us more than we need them. The businesses in the Historic District believe our parking lots downtown should be for the customers of our businesses and not for concert goers or pop-up vendors that will accompany this event, especially for a private -for-profit business. The downtown parking system is already strained during summer Sundays as Stillwater has more large event venues than ever before. St. Croix Event and Packet Company, Grand Ballroom, Freight House Event Center, Portside, J Studio, Water Street Inn, Lowell Inn Banquet Hall, all using "high volume" parking in our downtown area. As the growth of events has grown, the parking spots have not. We know the parking commission and the City Council are keenly aware of the need for parking and are working on solutions. We are aware this letter is late in coming, and the event has already been approved by Council. It came in front of the Parking Commission just last week and they voted against letting Mr. McBride reserve any parking spots for this event. It was a unanimous vote. The IBA has committed to attending future City Council meetings so that we can be more proactive in letting our membership know about things that may directly affect downtown. We ask that you rescind your agreement with Woody McBride, or at least limit it to once a month with no vending. Respectfully, Mainstreet Stillwater IBA Diane Ward From: Beth Wolf Sent: Thursday, November 30, 2017 11:41 AM To: Diane Ward Subject: FW: IBA letter regarding Music on the River From: Woody McBride [mcbridewoody@aol.com] Sent: Wednesday, November 29, 2017 4:39 PM To: Tim Moore Cc: Beth Wolf Subject: IBA letter regarding Music on the River Hi Beth and Tim Happy holidays! I just became aware of a letter of protest that was sent to the City of Stillwater on behalf of the IBA downtown business Association and I wanted to try to get in touch with everyone to discuss and try to work out the conflicts. It's sure a shame as I have tried hard to reach out to this group and involve them if possible on all levels. The chamber however has been very friendly and supportive. Also some of the items in their letter are not true and I would love to clarify. Also I heard that the parking commission voted to not grant any reserved parking spots for the concert series which seems to be a bit challenging and contrary to the support we have received from the council and parks commission. On my end things are going great and sponsors and performers are lining up. I'm looking forward to hearing from you. Thank you, Woody McBride Owner, Genius of Fun Events of Minneapolis & The St Croix Valley Coordinating: Music on the Overlook St Croix Falls, Wi, Music in the Park Forest Lake, Music at Franconia Sculpture Park, St Paul GermanFest, & Oktoberfest and concert & DJ events at First Avenue and in the Twin Cities metro. Phone 612-385-4598 1 APPROVING THE 2018 MUSIC ON THE RIVER SPECIAL EVENT AND CONTRACT WHEREAS, the City has encouraged Organizer to prepare and manage the 2018 Music on the River at a location within the City in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City, WHEREAS the City is the owner of certain land in Stillwater, Minnesota, known as Lowell Park more particularly described in Exhibit A attached to the Agreement and made a part hereof, together with certain improvements thereon. BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2018 Music on the River Special Event and Contract are hereby approved and authorize the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 5th day of December, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 2018 MUSIC ON THE RIVER AGREEMENT THIS AGREEMENT is made this day of 2017 between the CITY OF STILLWATER, Washington County, Minnesota ("City), and GENIUS OF FUN EVENT PRODUCTION, a , ("Organizer") WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit the Genius of Fun Event Production to organize and conduct Music on the River in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley. It encourages commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1. Dates and Hours of Event. Operations are limited as follows: Setup: Sundays - June 1 - September 30, 2018 - 10:30 a.m. - 12:00 a.m. (except Lumberjack Days Sunday) Event: Sundays - June 1 - September 30, 2018 - 12:00 a.m. - 2:30 p.m. (except Lumberjack Days Sunday) Cleanup: Sundays - June 1 - September 30, 2018 - 2:30 p.m. - 3:30 p.m. (except Lumberjack Days Sunday) Load In/Load Out: Organizer will coordinate the Load In/Load Out times for the event with the City Public Works Department. 2. Event/Alcohol. NO ALCOHOL will be served during this Event and no Other Alcohol or Coolers are allowed. 3. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 4. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 5. Use of Parking Lots. No spaces in the parking lots may be used for this event. 6. Park Property. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 7. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the City for $750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the Event. 8. City Costs. In the event of a cancellation of this Event after the deposit or fees are made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 9. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, if determined it is needed, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. b. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. If possible, Organizer will provide recycling and organics containers for the Event. c. Electricity and Water. a. Each electrical box needed for the Event will be opened by the City on the day of the event. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. b. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of prior to each event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. c. The City shall provide the Organizer a key for the water shut off valve, if needed. The Organizer shall provide a $50.00 deposit for such key and will be reimbursed upon return of said key, if applicable. 10. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. The Organizer agrees that the Stillwater Fire Department and Washington County Public Health and Environment will inspect any vendor using cooking facilities for safety. The Event Organizer directly to the agency/person doing the inspection shall pay for inspection costs (if any). 2 ii. The Organizer agrees to ensure that all vendors wastewater be discharged into a holding tank approved by Washington County Public Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. iii. The Organizer agrees to provide washing stations to facilitate the expected crowd and vendors as deemed necessary to protect public health 11. Insurance, Hold Harmless, and Indemnity. The Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement. Except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Organizer that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than May 1, 2018. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured "as their interests may a p p ea r." 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. 12. The Event Application (not attached to Agreement) including revisions, correspondence and insurance for the Event as submitted by the Organizer is considered part of this Agreement. Any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 3 IN WITNESS WHEREOF, the parties have set their hands this day of 2017. STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss ) GENIUS OF FUN EVENT PRODUCTION By: Its: On this day of 2017, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the of the GENIUS OF FUN EVENT PRODUCTION and that this instrument was signed as the free act and deed of the corporation. Notary Public CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of 2017, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public 4 iilwater THE BIRTHPLACE OF MINNESOTA EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: November 6, 2017 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Same day 10:30 12 Event Date/Time: Set up: Date Time to Actual Event: Date Sundays June - July - Auguts 201 f Time 12 pm to 2:30 pm Clean up: Date Same day Time 2:30 3:30 to (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) Lowell Park, 201 Water Street North, Stillwater, MN 55082 Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) A weekly free to the public family friendly summer/fall concert in the park series featuring a wide variety of music to include jazz, classical, international music, bluegrass, country, soul, blues, rock, singer/songwriters and family programming. The events, simi lar to www.musicontheoverlook.com, would take place Sunday mid day until late afternoon June through September beginning i n 2018. Our summer series' are funded by a healthly balance of private and public sponsorships/grants/vendor fees and are co -c urated with these partners to book talent that is not only talented but sentimental and relevant to those involved. Over the course of the series most of the different styles of music are featured with the areas most reputable performers. Some regional and nati Estimated Attendance (participants and spectators): Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Genius Of Fun Event Production Mailing Address: PO Box 337 City, State, Zip Code: St Croix Falls, WI 54024 Primary Contact/Applicant Name: Woody McBride Phone Number: 612-385-4598 Fax: Cell Phone: 612-385-4598 Email Address: mcbridewoody@aol.com Website Address: geniusoffun.com Name of contact person during event: Woody McBride Cell Phone: 612-385-4598 Alternate contact during event: Amanda McBride Cell Phone: 651-336-9663 Refer media or citizens inquires to: Woody McBride Phone: 612-385-4598 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No ■ Yes © Number and size: Two at 8' x 3' Will there be any inflatables? No F1 Yes MI Insurance certificate from rental vendor is required Fees for electricity may Will there be entertainment? No • Yes © What type: Live Music & Entertainers apply see Instructions Will sound amplification be used? No ■ Yes © Hours and Type: 11 am to 3:30 pm Will a stage or tent(s) be set up? No ■ Yes a Dimensions: 10 x 10 vendor tents Will there be temporary fencing? No F4 Yes • How many Fees for electricity may Will merchandise/food items be sold? No • Yes 'U. 2 - 10 vendors expected: apply see Instructions Will food be prepared on site? No ■ Yes 13 Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ■ YeS f3 Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No El Yes • See Alcohol Regulations in the Instructions Will alcohol be sold? No © Yes • See Alcohol Regulations in the Instructions Will there be a fireworks display? No 4 Yes IN Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Event would draw power from available outlets from the stage area or park outlets. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Street banner, print, web, direct mail, yard sign style and social media. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No 0 Yes ■ Start/End Time: Date: City Sidewalks or Trails No © Yes IN Start/End Time: Date: Public Parking Lots or Spaces No • Yes 0 Start/End Time: 10 am - 5 pm Date: weekly Fees may apply Will event need barricade(s)? No 0 Yes ■ Number needed: see lnstructions Fees may apply Will extra picnic tables be needed? No ■ Yes F:1 Number needed: TBA see Instructions Fees may apply Will portable restrooms be needed? No 0 Yes MINumber needed: TBA see Instructions Feesmayapply Will extra trash receptacles be needed? No ■ Yes 10 Number needed: TBA see Instructions Describe trash removal and cleanup plan during and after event: Trash will be cleaned up and bagged and with regards pick up we need direction and options from City of Stillwater. Will event need traffic control? No © Yes IN Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: A friendly concert in the park is self-regulating with regards crowd control. Spectators are coached to bring their own lawn chairs . 911 is seldome used over 10 years of producing this type of event. Fees may apply see Instructions Will "No Parking Signs" be needed? No 0 Yes ■ Number needed: Show location(s)onsite map Will event need security? No U Yes IN If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: N/A Will event need EMS services? No 14 Yes I• Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Minor first aid is provided by the promoter all else we call 911 Describe the emergency action plan if severe weather should arise: Rain relocation will be announced when the concert season is publicized in the spring - or the weekly events simply cancel due to rain. List any other pertinent information: We have produced successful and family -friendly festivals, speical events and summer concert series for over 10 years to incl ude events in The City of St Croix Falls, City of Forest Lake, City of St Paul and more. Pioneer Park is Stillwater would be a lov ely location to host a charming series in this tradition. We carry a large travelling liability policy and are very experienced at eve nt mananempnt and family fain The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 1 certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a release of Liability. Signature of Applicant or Authorized Agent 11/6/2017 Date Event Layout Plan A = Artist/Staff parking (6 spots in Lot 9) B = band on stage with sound system C =attendees with lawn chairs, picnics etc D = hotdog/soft drink cart E = sponsors/vendors 10 x 10 tents x 8 CITY OF STILLWATER 2018 Truth -in -Taxation Budget Meeting December 5, 2017 J. Thomas McCarty City Administrator 2018 Budget 1 ► The City of Stillwater provides a wide range of services includin ► Police & Fire Protection ► Building Inspections/Permits, Planning ► Street Maintenance, Engineering ► Administration, Elections, Human Resources ► Finance ► St Croix Valley Recreation Center and Lily Lake Ice Arena ► Library ► Parks, Community Beautification ► Sanitary Sewer & Storm Sewer ► Signs & Lighting ► Parking ► Infrastructure, Capital Improvements 12/1/2017 1 Revenue Type Amount Property Taxes $9,503,459 Franchise Fees $466,000 Lodging Tax $225,000 Licenses/Permits $578,856 2018 Proposed Operating Revenues* Intergovernmental $1,372,158 Charges for Services $2,520,455 Fines & Forfeits $73,500 Miscellaneous $285,060 Total Operating Revenues $15,024,488 Charges for Services 17% 141 Franchise Fees 3% Intergovernmental 9% Licenses/Permits 4% Lodging Tax 2% * Includes General Fund and budgeted Special Revenue Funds. Excludes Bond Proceeds. Fines & Forfeits 0% Miscellaneous 2% Property Taxes 63% 2018 Proposed Operating Expenditures* Expenditure Type General Government Public Safety Public Works Culture & Recreation Total Operating Expenditures Amount $3,904,636 $5,565,895 $1,536,600 $3,700,928 $14,708,059 Public Safety: Police, Fire Building Inspections Civil Defense Culture & Recreation: Special Events Library, Parks Community Beautification General Government: Mayor & City Council Elections, MIS Finance Administration, HR City Attorney Plant/City Hall Community Development Unallocated Culture & Recreation 25% Public Works, 1 O% Public Works: Engineering Streets General Government 27% • Public Safety 38% * Includes General Fund and budgeted Special Revenue Funds. Excludes Capital Outlay and Debt Service contribution. 12/1/2017 2 L Property Tax Levy Proposed 2018 vs Adopted (Actual) 2017 with trend data CITY-WIDE LEVY 2017 Adopted 2018 Proposed $ Increase/ Decrease General Operating Tax Levy $8,857,823 $9,379,459 $521,636 % Increase'/ Decrease 5.889% Debt Service Tax Levy $3,674,616 $3,437,356 -$237,260 -6.457% Totals $12,532,439 $12,816,815 $284,376 2.269% $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 • 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 General Operating Tax Levy • Debt Service Tax Levy Significant 2018 Budget Impacts ► 6.4 % (average) increase in market value from 2017 to 2018 for residential properties ► 10.05% increase in total (City) taxable value ► 1.1% decrease in Health Insurance ► 2.50% contractual increase in wages ► Additional 3.75 FTEs ► Facilities Supervisor - October 1 Start ► Firefighter/Engineer ► Assistant City Engineer ► Increase in Hours - Existing Positions ► Capital Outlay Bond Issuance ► 2018 Capital Purchases - $2,270,300 ► 2018 Street Project- $450,000 ► 2018 Annual Sidewalk Project - $50,000 ► Myrtle St Concrete Pavement Reconstruction - $100,000 ► Library Parking Lot Renovation - $50,000 ► City Hall Renovation - $890,000 12/1/2017 3 City Property Tax Rates Last 9 Years and Estimated 2018* 70% 60% 50% 40% 30% 20% 10% 0% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018* Year Rate 2009 47.930% 2010 49.432% 2011 52.539% 2012 54.674% 2013 61.503% 2014 58.216% 2015 54.916% 2016 56.996% 2017 56.927% 2018* 52.716% LGA and Property Tax Levy* Trend $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 LGA ■ Levy *The Levy presented in this slide does NOT include the Debt Service Levy 12/1/2017 4 Property Tax Rate Proposed 2018 Formula: Total City Property Tax Levy - City's Taxable Tax Capacity = City Tax Rate Item Actual Pay 2017 Property Tax Levy Fiscal Disparity Portion of Levy City's Portion of Levy City's Taxable Tax Capacity $12,532,439 $1,303,589 $11,228,850 19,725,051 City Tax Rate 56.927% Proposed Payable 2018 $12,816,815 $1,373,970 $11,442,845 21,706,456 52.716% Change 2.27% 5.40% 1.91% 10.05% -7.40% The following assumptions are based on data (which are estimates at this time) provided by Washington County: Assumptions ► 10.05% increase in the City's Taxable Tax Capacity. ► 5.4% increase in the Fiscal Disparity Portion of Levy. Tax Impact Proposed 2018 Data based on information provided by Washington County Actual Payable 2017 Market Value ctual City Tax I City Tax Property Capacity Rate ig Tax 239,800* 94,000 141,100 235,000 375,900 2,241 652 1,164 2,189 3,725 56.927% 56.927% 56.927% 56.927% 56.927% $1,275.73 $371.16 $662.63 $1,246.13 $2,120.53 Proposed Payable 2018 Taxable "Proposed City Market Tax City Tax Property Value Capacity Rate Tax 255,200 100,000 150,000 250,000 400,000 2,409 718 1,263 2,353 3,988 52.716% 52.716% 52.716% 52.716% 52.716% $1,269.93 $378.50 $665.80 $1,240.41 $2,102.31 From 2017 to 2018 $ Change % Change -$5.80 -0.5% $7.34 2.0% $3.17 0.5% -$5.72 -0.5% -$18.22 -0.9% Assumptions ► 6.4% increase in Market Value in Residential Properties from 2017 to 2018 ► Information is based on Residential Homestead Properties ► Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature. *Median value home in Stillwater. 12/1/2017 5 Where Does Your Property Tax Dollar Go? How the City spends each dollar it receives from the tax levy Public Safety General 33C Government 23C Debt Service 21C Culture & Recreation 14C Public Works 9C Public Safety: Police, Fire Building Inspections Civil Defense i ,ui;;y elopment Unallocated Culture & Recreation: Special Events Library, Parks Community Beautification Public Works: Engineering, Streets City of Stillwater Estimated Property Tax Allocation - All Taxing Jurisdictions Other School District, Stillwater Taxing Districts, 3.15% 111 City of Stillwater, Washington County, 22.32% Other Taxing Districts include: ouncil Met Council Transit Metro Mosquito Control Browns Creek Watershed Washington County HRA 12/1/2017 6 QUESTIONS ??? CITY OF STILLWATER 12/1/2017 7 ADOPTING THE FINAL BUDGET AND THE COMMITMENT OF CERTAIN REVENUE SOURCES FOR THE FISCAL YEAR 2018 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the final budget appropriations for the fiscal year 2018 are for the following funds as follows: Fund Fund Name Amount 100 General Fund $ 12,328,861 200 Special Events Fund 57,978 202 St Croix Valley Recreation Center Fund 4,852,457 230 Library Fund 1,427,143 240 Parks Fund 1,669,229 251 Community Beautification Fund 15,000 255 Washington County Recycling Fund 35,170 285 Lodging Tax 230,505 $ 20,385,838 BE IT FURTHER RESOLVED, the following general property tax revenues for the fiscal year 2018 are committed to the following funds: Fund Fund Name Amount 100 General Fund $ 7,203,862 200 Special Events Fund 47,978 230 Library Fund 1,218,490 240 Parks Fund 894,129 251 Community Beautification Fund 15,000 $ 9,379,459 BE IT FURTHER RESOLVED, revenues in the form of user fees generated for the fiscal year 2018 by the St Croix Recreation Center are hereby committed to the St Croix Valley Recreation Center Fund for general operations and a portion of debt service. Adopted by the Council this 5th day of December 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ADOPTING THE FINAL TAX LEVY FOR THE YEAR 2018 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $12,816,815 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2018. FURTHER BE IT RESOLVED, that the sum of $42,700 is hearby levied against all taxable properties within the WMO (Waste Management Organization) parcel -specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2018. The Levy consists of the following: CITY-WIDE LEVY: Amount General Revenue Tax Levy $ 9,379,459 Debt Service Tax Levy: Fund Required Levy for 2017 312 G.O. Capital Outlay 2012A 541,330 314 G.O. Capital Outlay 2014A 708,478 319 G.O. Capital Outlay 2009B 103,241 324 G.O. Capital Outlay 2014 (Armory) 85,000 326 G.O. Capital Outlay 2016A 812,333 327 G.O. Capital Outlay 2017A 400,016 329 G.O. Capital Outlay 2009D 336,958 Subtotal $ 2,987,356 New Debt 318 G.O. Capital Outlay 2018 450,000 Total Debt Service Tax Levy $ 3,437,356 TOTAL CITY-WIDE LEVY $ 12,816,815 PARCEL -SPECIFIC LEVY WMO Levy CANCEL LEVY 389 G.O. Sport Facility Revenue 2009C Adopted by the Council this 5th day of December 2017. ATTEST: Diane F. Ward, City Clerk $ 42,700 Ted Kozlowski, Mayor i11watt THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: November 29, 2017 RE: Maple Island Brewery — 4th of July event INTRO Frank Fabio of the Maple Island Brewery has submitted an application for permission to hold a 4th of July event on the brewery's private parking lot. Since the event will be held entirely on private property, a special event permit is not necessary. But, Mr. Fabio is still required to have Council permission to hold the outdoor event. Outdoor entertainment on private property downtown is normally allowed by Special Use Permit. Though, the City Council can approve a "one time ... event not occurring on a regular basis" without going through the entire Special Use Permit process'. Therefore, the City Council is requested to review and approve this 4th of July event. COMMENTS In 2015 the City Council set the policy that a downtown business can hold two events on their (private) property each year before they would need to make application for a Special Use Permit. This is Mr. Fabio's first request for an outside event in 2018. The event, as seen in the attached application form, would offer a beer tent, music and yard games to its patrons. Tent setup would occur on Tuesday, July 3, 2018 and clean up would occur on July 5th. Therefore, the private parking lot and its 22 parking spaces would be unavailable for parking for three days. Patrons who would normally park in the private lot would have to use the public parking system during these three days. Since there is no additional capacity in the public parking system on July 4th to accommodate the Maple Island Brewery patrons, City staff does not find this to be a good time to use a private parking lot for events instead of parking. PARKING COMMISSION RECOMMENDATION The Downtown Parking Commission considered the request at their regular monthly commission meeting on November 16th. They unanimously voted to recommend approval. ACTION REQUIRED The City Council should consider the request and pass a motion to approve or deny. b t City Code Sec 31-325, footnote 8. EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 55082 THE . I N T M. L :7o f ■ i w N E s 0 T A Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 16 OCTOBER 2017 Office Use Onl v Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event MAPLE ISLAND BREWING JULY 4TH TENT PARTY 03 JULY 2017 0800 1000 Event Date/Time: Set up: Date Time to 04 JULY 2017 1200 2200 Actual Event: Date Time to 05 JULY 2017 0800 1000 Clean up: Date Time to (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: 225 MAIN STREET NORTH PARKING LOT (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) MAPLE ISLAND WILL SET-UP A TENT IN OUR PARKING LOT WITH BEER, MUSIC AND YARD GAMES (CORN -HOLE TOURNAMENT). 1 GN pAj0 Estimated Attendance (participants and spectators): DEPENDENT ON CROWD IN STILLWATER Received Applicant Information (Person/Group Responsible) Sponsoring Organization Name: MAPLE ISLAND BREWING OC} 2 4 2017 Mailing Address: 225 MAIN STREET NORTH Community Development Department City, State, Zip Code: STILLWATER, MN 55082 Primary Contact/Applicant Name: FRANK FABIO Phone Number: (612) 741-9640 Fax: Cell Phone: Email Address: INFO@MAPLEISLANDBREWING.COM Website Address: WWW.MAPLEISLANDBREWING.COM Name of contact person during event: FRANK FABIO CeII Phone: (612) 741-9640 Alternate contact during event: EMILY VAN ORT Cell Phone: (651) 295-6956 Refer media or citizens inquires to: EMILY VAN ORT Phone: (651) 295-6956 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No "_i Yes ■ Number and size: Will there be any inflatables? No Yes IN Insurance certificate from rental vendor is required Fees for electricity may Will there be entertainment? No '_: Yes • What type: apply see Instructions Will sound amplification be used? No ® Yes • Hours and Type: 40'X40'. BARRICADES/TEMP FENCING Will a stage or tent(s) be set up? No • Yes i Dimensions: AROUND ENTIRE PARKING LOT. Will there be temporary fencing? No ■ Yes ` i How many FOOD TRUCK Fees for electricity may Will merchandise/food items be sold? No ■ Yes vendors expected: apply see Instructions Will food be prepared on site? No • Yes t..1 Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No Yes II Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No :i Yes IN See Alcohol Regulations in the Instructions Will alcohol be sold? No ■ Yes F See Alcohol Regulations in the Instructions Will there be a fireworks display? No Fn. Yes IN Permit required, contact Stillwater Fire Deportment, 651-351-4950 Describe power needs and location of power source. NO POWER IS NEEDED. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available SOCIAL MEDIA AND FLYERS. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ":i Yes • Start/End Time: Date: City Sidewalks or Trails No r -i Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No ":1 Yes • Start/End Time: Date: Fees may apply Will event need barricade(s)? No tI Yes ■ Number needed: SUPPLYING OUR OWN. see Instructions Fees may apply Will extra picnic tables be needed? No El Yes ■ Number needed: Instructions see Fees may apply Will portable restrooms be needed? No J Yes ■ Number needed: see Instructions Fees Will extra trash receptacles be needed? No ■ Yes !* Number needed: MARONEY'S SUPPLYING. may apply see Instructions Describe trash removal and cleanuplan durin and after event: WE WILL HAVE EXTRA TRASH RECEPTICLES ALL READY FOR JULY 4 AND WILL HAVE THEM PICKED UP JULY 5. Will event need traffic control? No F Yes ❑ Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: SECURITY ON SITE. EMPLOYEES WILL HAVE SPECIFIC DUTIES, ID-ING GUESTS AS THEY COME IN. GUESTS OVER 21 WILL RECEIVE A WRISTBAND. ONLY THOSE WITH WRISTBANDS WILL BE SERVED. SE(Arz iT1 IS WASH • CO. 5i} az1 W5 J -tP i . Try b''F 1cetS Fees may apply see instructions „ „ Will No Parking Signs be needed? No Yes 0 Number needed: snow rocation(s)onsite map Wiil event need security? No ■ Yes ":.1 If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: TWO OFFICERS WILL BE SUPPLIED VIA WASHINGTON COUNTY SHERIFFS DEPARTMENT TO KEEP AN EYE ON TENT PARTY VIA OFFICER LONNIE VANKLEI (STILL WORKING OUT DETAILS). Will event need EMS services? No Yes ■ Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: FIRST AID KIT IS IN TAPROOM. IF SITUATION ARISES, STAFF WILL ALERT OFFICERS ON PATROL DURING EVENT. 9-1-1- WILL BE CALLED IF NECESSARY. Describe the emergency action plan if severe weather should arise: ENOUGH ROOM IN THE TAPROOM AND IN THE BASEMENT TO ACCOMMODATE LARGE NUMBER OF PEOPLE. List any other pertinent information: ' ¢lti,� _ OTHER BUILDINGS WILL BE OPEN AS ITS JULY 4TH CELEBRATION IN DOWNTOWN STILL J EN - 1,ANS1C i'Vi1-‘- BE PLNtb bN MfPLE I.Si ANb pFyn tiN0 1f id p A ie. 1L.1 i j,.OT . Fo a b ut C V\l I L L i C 4 L) o C 13 N 1 Yi 'N Pt A L IAC -_t ry 15 ti' zm t-- i) 1)\l o u IC PAS' 41 N b) The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. if insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 1 certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the Cit, of Stillwater and is a release of Liabilit Si'nsure of Ap p icant or Authorized A 16 OCTOBER 2017 Date i ler [IF Uw i i g g a m ebsite: www.mmed.org w METROPOLITAN MOSQUITO CONTROL DISTRICT k6 NOV 2 2 201? Metro Counties Government Center Phone: 651-645-9149 2099 University Avenue West FAX: 651-645-3246 13Y: Saint Paul, MN 55104-3431 TTY use Minnesota Relay Service November, 2017 Tom McCarty 216 North Fourth Street Stillwater, MN 55082 Dear Mr. McCarty, Enclosed is a summary of work done by the Metropolitan Mosquito Control District (MMCD) in the city of Stillwater during the 2017 mosquito control season. Precipitation in 2017 was relatively low in March, April, June and July. Precipitation was higher in May and especially August with more precipitation in the southern parts of the District. This resulted in high mosquito levels in June and late August. High amounts of cattail mosquito production in sites that remain flooded by heavy precipitation in 2014 through 2016 resulted in high mosquito levels in early July. Overall, we treated about 200,000 acres in 2017 which is significantly less than 2016 and closer to values in years with more typical precipitation patterns (2011 and 2013). In 2017 the Minnesota Department of Health reported 23 human West Nile virus (WNV) illnesses; five of those cases were reported in people who live within our District. No cases of La Crosse encephalitis were confirmed in Minnesota as of November first. Mosquito -borne disease prevention work continues as long as staff are in the field with the recycling of tires and elimination of other water -holding containers. MMCD employees also controlled immature black flies in small steams and Targe rivers throughout the metropolitan area. These treatments have resulted in significantly fewer adult black flies when compared to a time before we conducted treatments. MMCD staff also continued to monitor the distribution of ticks capable of transmitting disease, and worked with the Minnesota Department of Health to provide information designed to reduce the risk of tick transmitted diseases. If you have any questions, or would like to meet to discuss our agency's activities within Stillwater, please contact me. Sinc=-' Ste en A. Manweiler, MMCD Executive Director Ph • ne: (651) 643-8365 Email: mmcd_sam@mmcd.org Metropolitan Mosquito Control District 2017 Activity Summary — Stillwater Service Summary Larval Sites Inspected = 303 Larval Mosquito Treatments = 249.66 acres Adult Mosquito Inspections = 63 Adult Mosquito Treatments = 56.37 acres Customer Calls = 3 Disease Prevention Property Inspections = 3 Catch Basins Treatments = 4,086 Tires Removed = 79 Special Events Lumberjack days Areas Regularly Treated Downtown Stillwater Pioneer Park Washin w Foard of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 ***PLEASE NOTE CHANGE IN TIME*** Karla Bigham, District 4 Lisa Weik, Chair, District 5 BOARD AGENDA DECEMBER 5, 2017 — 4:45 P.M. 1. 4:45 Roll Call Pledge of Allegiance 2. 4:45 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 Boardsecretary 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. 3. 4:50 Consent Calendar — Roll Call Vote 4. 4:50 Human Resources — Jan Webster, Director Approval of Letter of Agreement with HealthPartners to Extend Health Insurance Coverage and Wellness Benefits for Employees for 2018 and 2019 5. 4:55 Public Health and Environment — Judy Hunter, Senior Environmental Resource Manager Approval of Partnership on Waste to Energy with Minnesota Counties Intergovernmental Trust 6. 5:00 General Administration — Molly O'Rourke, County Administrator 7. 5:05 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 necessmy because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 5:15 Adjourn 10. 5:20-5:50 Board Workshop with Administration — Molly O'Rourke, County Administrator Review and Recommend Commissioner Appointments to Committees, Commissions, and Joint Power Boards for 2018 6:00 Public Budget Meeting on Proposed 2018 Washington County Budget Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 5, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration Property Records and Taxpayer Services A. Approval of November 21, 2017 County Board Meeting Minutes. B. Approval of county comment letter on the draft City Comprehensive Plan. C. Approval of resolution appointing Christine Piskura as License Agent and Deputy Registrar. of Landfall Village the County Drivers 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 listening devices are available for use a0 Me County Board Room If you need assfatonros duo to disadkRy or language hamar, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER BOARD AGENDA F NOVEMBER 28, 2017 — 9:00 A.M. Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, Chair, District 5 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. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Works — Kevin Peterson, Engineer II Approval of Amendment No. 1 to Contract 10972 with Short Elliot Hendrickson, Inc. for $148,700 for Final Design Engineering of Phase III of the County State Aid Highway 17 / Lake Elmo Village Corridor Management and Safety Improvement Project 5. 9:20 General Administration — Molly O'Rourke, County Administrator Approval to Adopt Washington County's 2018 Legislative Agenda 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 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. 9:45 Adjourn 9. 9:50-10:20 Board Workshop with Community Corrections — Terry Thomas, Deputy Director Overview of the 2017 Offender Recovery Program Evaluation 10. 10:25-10:55 Board Workshop with Property Records and Taxpayer Services — Steve Gransee, Taxpayer Services Division Manager Discuss Election Equipment Grant Request 11:00-11:45 Finance Committee Meeting AssestAre Aatanong devices aro available for use in the County Board Room es, ,,...e ...r.i......- 4... n. d.,� le.NW, n. i,.gAmer.. fla......0y res.ron <mf EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 28, 2017 The following items are presented for Board approvaUadoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of November 14, 2017 County Board Meeting Minutes. Attorney's Office Community Services Public Works B. Approval of Appointment of Kevin Corbid as the County's Voting Delegate to the Minnesota Counties Intergovernmental Trust (MCIT) Annual Meeting on December 4, 2017. C. Approval of voting delegates to the 2017 Association of Minnesota Counties Annual Meeting to be held December 4-5, 2017. D. Approval to appoint David Sewell, Lake Elmo, to the Valley Branch Watershed District to a three-year term expiring November 13, 2020. E. Approval of deletion of county policy # 1025 County Legislative Committee. F. Approval of resolution to set a public hearing on December 19, 2017 regarding the sale of the tax-exempt private activity bonds for The Glen at Valley Creek project. G. Approval of authorization to enter into a retainer agreement with Counsel for purposes of pursing litigation related to the opioid crisis. H. Approval of the 2018-2019 Cooperative Agreement with Community Services, the Sheriff and the County Attorney to administer the Child Support Program for the period of January 1, 2018 through December 31, 2019. 1. Approval to award bid and authorize execution of Lease Agreement No. 11371 in the amount of $29,271.60 with David See Farms for the lease of agricultural land located in Lake Elmo Park Reserve. J. Approval to award bid to and authorize execution of Lease Agreement No. 11372 in the amount of $25,174.30 with Gordon Tank and Myron Tank for the lease of agricultural land located in St. Croix Bluffs Regional Park. 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 listening devices ere available for use in the County Board Room ny.,....a.,a...,.. Vara era .t..., r...r...e.u:,. n, m„, awy r„ f(R0il alr 05411 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER