Loading...
HomeMy WebLinkAbout2020-06-02 CC Agenda Packet NI 1lWater The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 Public comments can also be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING June 2, 2020 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. COVID-19 Response Update a. Update on Temporary Outdoor Business Sales Permit Applications b. Update on Main Street and Chestnut Street Use for Business Expansion - Resolution c. Temporary Liquor License Premises Expansion - Resolution d. St. Croix Rec Center Operations/Reopening Update e. City Park Reservation Update f. Workplace of Tomorrow Team Update g. 2020 CIP Funding - Designating Use of TIF District No. 4 Funds to Pay Costs of Eligible Infrastructure Improvements Within Development District No. 1 - Resolution h. Third Quarter Parking Mitigation Fees IV. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Director 6. Public Works Director 7. Finance Director 8. City Attorney 9. City Administrator 10. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS X. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA - all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 11. May 19, 2020 regular session meeting minutes 12. Payment of Bills 13. Board of Water Commissioners Appointment 14. St. Croix Valley Rec Center Management Contract 15. Stillwater Hockey Association Gambling Permit Application for No -Neck Tony's 16. Solid Waste, Recycling and Roll -off Hauler License for Buckingham Companies - Resolution XII. PUBLIC HEARINGS - None XIII. UNFINISHED BUSINESS 17. Boom Road Septic System Easements Agreements XIV. NEW BUSINESS 18. St. Croix Valley Recreation Center - Itasca Sports Marketing Contract 19. Summer Tuesdays Drive -In Event XV. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda June 2, 2020 City Council Zoom Meeting Comments June 2, 2020 Time Author Description 19:15:13 From Robin Anthony Thank you Ted! 19:16:01 From Robin Anthony We do appreciate everything you all are doing. Page 1 iliwater THE BIRTHPLACE OF MINNESOTA DATE: June 2, 2020 TO: Mayor & Council Members APPLICANT: Brick & Bourbon REQUEST: Liquor license amendment for outdoor seating area LOCATION: 215 S Main Street REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Brick & Bourbon, 215 S Main Street, has submitted a permit application for two outdoor seating areas. One consists of three on -street parking spaces on Main Street and the other consists of three on -street spaces on Water Street. These areas are in addition to the permanent rooftop patio. All outside areas would include alcohol service. SPECIFIC REQUEST Brick & Bourbon s requested on -street seating areas are both shown in the map to the right. They include the green shaded spaces on Main Street and the three spaces marked with Xs on Water Street. COMMENTS This request and the request from Brian s OSA Permit June 2, 2020 Page 2 both compete for three of the same on -street parking spaces. Brian's has requested the spaces shaded in pink on the previous page. So, three parking spaces Water Street are requested by both Brian's and Brick & Bourbon. The guideline for private use of public on -street parking spaces as temporary outside sales/seating areas is that only the on -street spaces directly in front of a business can be assigned to that business. So, the permit approved by the City Council for Brian's included a condition that the Water Street spaces in question could only be used by Brian's if the abutting business gave written consent. As it turns out, Brick & Bourbon has not given consent to Brian's for those spaces, because Brick & Bourbon would like to use them. But, as seen in the photo below, only one of the three subject spaces actually abuts Brick & Bourbon. So, as with Brian's, the business or property owner next door would have to consent to the use of the extra two spaces. I Eligible parking space The on -street parking spaces on Main Street are under MnDOT jurisdiction and their use as an outside seating area cannot be approved through this permit. However, MnDOT will allow the City to make application for permission to use Main Street for this purpose. The details of the outside seating area will be the subject of a separate permit to the City from MnDOT. However, even if MnDOT's grants a permit to the City for use of Main Street parking spaces, only about one and a quarter spaces on Main are in front of Brick & Bourbon. The other one and three quarters spaces are in front of the neighbor's business. So, the OSA Permit June 2, 2020 Page 3 only way the City would allow more than one of these spaces to be used by Brick & Bourbon would be with the neighbor's consent. RECOMMENDATION Staff recommends approving the liquor license amendment for only one space on Main Street, if approved by MnDOT, and only one on Water Street. Attachments: Permit application materials I Iwater The Birthpjocu nl Mlnnasoia 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES WITH PARKLETS [USE OF ON -STREET PARI{ING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60 day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. Applicant: Name: .4 ►E SVx f Position/Title: 04A-11,1e7- Email: r;r2,-r + Yf c�a 4 d 6p li (4)1 . e•, 6h-, Daytime Phone: C., /I )) Ce11 Phone: 723- - 9-2 763 Business Name: 13r-r t*: r 13oW Business Location Address: Q2/C- .fi?d1 1-2 LT74 . -S Type of business to be conducted in outdoor sales area: ❑ General retail ❑ Food and/or beverage sales; no alcohol Food and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: uo.e -2e44 Stillwater, MN 55082 Days of Operation:_ 54-1.ra y ,..reriurdcy Hours of Operation: Jp 4tr1- / 24007 Permit application submission - Please complete and submit the application form to stillwaterPci.stillwater,mn.us S /Shared/Forms/All m fnistmtton/Or! tdaorsSal es Page 1 of 4 Brick & Bourbon Outdoor Business Sales Application M AI N S TREE T E 1 2 21.25 ft.(each) 47X29 3 6.25ft. 4 47X29 6.25 ft. 42.5 ft. (2 stalls) 47X29 6.25 ft. 1 T 6.25 ft. 47X29 63.75 ft. (total for 3 stalls) 47X29 6.25 ft. 47X29 S l D E W A L K (Front of Building) Brick & Bourbon T=Tables for Beatings are 47X29 inches. We are accounting for an extra 18 inches of seated chair space. Left table diagram shows chair placement for table set-up. There will be 6.25 ft. between tables in the above, 3 stall, mock up. We are asking for 3 parallel parking stalls in the front of our building. Brick & Bourbon Outdoor Business Sales Application (Rear of Building) Brick Bourbon 5 o e w A L K 5 T A R 5 47X29 9.167 ft. 47X29 3 4 7.62 5 ft. 7.62 5 ft. 47X29 9.167 ft. 47X29 7.625 ft. 7.625 ft. 47X29 9167 ft. 47X29 T=Tables for seatings of 4 people. Bottom left table diagram show chair placement for tables There will be 9.167 ft. between tables and seated guests within each stall. There will be 7.625 feet in between tables from stall 1 t❑ stall 2, and to tall number 3. 1 lwa ter THE B I R T H PLACE OF MINNESOTA DATE: May 29, 2020 TO: Mayor & Council Members APPLICANT: Lolo American Kitchen REQUEST: Liquor license amendment for outdoor seating area LOCATION: 233 S Main Street REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Lolo American Kitchen, 233 S Main Street, has submitted a permit application for an outdoor sales area so they can begin re -opening their taproom. The temporary area would be in addition to their permanent patio area. No public space is being requested. SPECIFIC REQUEST Amendment of liquor license to temporarily add additional outdoor seating area to premises. COMMENTS The requested temporary outdoor dining area would be on private property just east of the existing patio. The location can be seen below. OSA Permit May 29, 2020 Page 2 Parts II and III of the permit application form have not been submitted, but must be completed before the permit can be issued. These parts are necessary for all Downtown properties that wish to serve alcohol in temporary outdoor areas. RECOMMENDATION Staff recommends approval of the liquor license amendment when Parts II and III of the permit form are satisfactorily completed. Attachments: Permit application materials (Sfi llWa er Rn Mf+4kv M Minnenotn 216 4''' St reel N, Stillwater, MN 55082 651-430-8 8OO www.ci.stillwater.nui.us APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES (WITH NO USE OF ON -STREET PARKING SPACES) PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60 day public review. In response to the business disruption precipitated by COV1D-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. Applicant: Name: Ste'^"-• ZNQ-r^aa- Position/Title: Ge-e.2r0,-i Email: `'""'L�g- LTV'' Daytime Phone: GC t .3' -- , t� 1 Ce11 Phone: Business Name: ) Lo �) '�"` a Business Location Address: -2 3 3 5 M A� •� SZ' Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: n General retail n Food and/or beverage sales; no alcohol ix Food and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: 6� etc• Days of Operation: 5 v — SA'j Hours of Operation: 1I r�ry►-'� ?M Permit application submission - Please complete and submit the application form to stillwaterOci.stillwater.mn.us Page 1 of 3 S:/Shared/Forms/Administration/OutdoorsSal es T� PE-) P M R - ; - - SiD� wItA T iliwater THE BIRTHPLACE OF MINNESOTA DATE: June 1, 2020 TO: Mayor & Council Members APPLICANT: Marx Fusion Bistro REQUEST: Liquor license amendment for outdoor seating area LOCATION: 241 S Main Street REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Marx Fusion Bistro, 241 S Main Street, has submitted a permit application for an outdoor seating area within the on -street parking spaces in front of the restaurant. This temporary area would include alcohol service and be in addition to their permanent patio area. SPECIFIC REQUEST Amendment of liquor license to temporarily add additional outdoor seating on Main Street. COMMENTS The on -street parking spaces are on Main Street, which is under MnDOT jurisdiction. Therefore, their use as an outside seating area cannot be approved through this permit. However, MnDOT will allow the City to make application for permission to use Main Street for this purpose. The details of the outside seating area will be the subject of a separate permit to the City from MnDOT. One of the on -street spaces is a 15 minute parking spot, seen in yellow above. But, this is allowed as part of the City's COVID-19 policies. Of more concern is the close proximity of the most northerly tables to the pedestrian crossing. To protect motorists' views of pedestrians stepping from the sidewalk into the crosswalk from the east side of Main OSA Permit June 1, 2020 Page 2 Street, a "no parking" area has been defined. (The yellow line in the map below shows the location of this no parking are.) Table Of Contents 0r2, Layers 00 I 0 0 On -street handicapped Marx request 0 p 0 On -street Parking 0 15 minute parking limit • 30 minute parking limit I■ Loading/unloading • Valet 0 Bus loading/unloading • Bus parking 0+ E PARCELS 0+ 0 numbers.dwg Group Layer D+p E Sec28 Topo,dwg Group Lay 0+ 0 Meister's OSA 0+ 0 Converted_Graphics_11 0+ 0 Harbor Bar OSA 0 0 Stillwater.ecw RECOMMENDATION Requested parklet Staff recommends approval of the liquor license amendment for the on -street seating area, but recommends that the northerly table be eliminated to help motorists see pedestrians better as they step into the crosswalk. Attachments: Permit application materials Sti11water 3irthplacr of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES WITH PARKLETS [USE OF ON -STREET PARKING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60 day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales are s. Applicant: Name: lV� Position/Title: ►� Dayti Phone(05' .,} -S3 il'Phon. Business Name: i�' x'� r \ 11icnte Business Location Address: 1 _l CA—C V I `\C&\V \' . Stillwater, MN 55082 S � � k� Email: Type of business to be conducted in outdoor sales area: General retail Food and/or beverage sales; no alcohol Food and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: Days of Operation: ` 2. urs of Operation: Permit application submission - Please complete and submit the application form to stillwater@ci.stillwater.mn.us S:/Shared/Forms/Administration/OutdoorsSales Page 1 of 4 A i-1) pIap9-rie „JqC/J/S wifI 4e- (,Tf/ 1f/ r c fTY� ryaw, fiat' Per;n 1 lwa ter THE BFTHPLACE OF MINNESOIA DATE: May 29, 2020 TO: Mayor & Council Members APPLICANT: Meister's Bar & Grill REQUEST: Liquor license amendment for outdoor seating area LOCATION: 901 S Fourth Street REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Meister's Bar & Grill, 901 S Fourth Street, has submitted a permit application for an outdoor seating area so they can begin re -opening their restaurant. The entire outdoor area is on private property south of and contiguous with the restaurant. No public space is being requested. SPECIFIC REQUEST Amendment of liquor license to temporarily add outdoor seating area to premises. COMMENTS The area to be used for outdoor seating is shown in the graphic to the right. RECOMMENDATION Staff recommends approval of the liquor license amendment. Attachments: Permit application materials ` j1I'vV �ter- IM WIN.. WOINac 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.cistillwatermn.us APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES UPTOWN BUSINESSES (WITH NO USE OF ON -STREET PARKING SPACES) PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60 day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areail and jxpansions of existing outdoor sales area . Applicant: Name: _ `S 1 z___t_ �, •' 2 - 54 C'tile �/ ' fir v Position/Title: i11 to Email: t`� (�pr+1+AA-6r t. Daytime Phone:� { Cell Phon/Ie: /�.3/ 5 �f-O 7 w� Business Name: i�—etJ{ � W �?—�} i 1• 1l Business Location Address: got �j . 54 • Stillwater, MN 550B2 Type of business to be conducted in outdoor sales area: ❑ General retail ❑ Food and/or beverage sales, no alcohol od and/or beverage salestnidi 8!cohel sale8 Date you wish to begin outdoor sales: �0 f (// / Days of Operation: %, 0 iV ' ' X} f Hours of Operation: 3 ern - IQ pii Permit application submission - Please complete and submit the application form to stillwater(1ci.stillwater.mn.us S:/Shared/Forms/Administration/OutdoorsSales Page 1 of 3 do z 8.2,v • c6r ?cfl f f 1 iliwater THE BIRTHPLACE OF MINNESOTA DATE: June 1, 2020 TO: Mayor & Council Members APPLICANT: Portside REQUEST: Liquor license amendment for additional outdoor seating area LOCATION: 317 S Main Street REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Portside, 317 S Main Street, has submitted a permit application for an outdoor seating area in addition to its rooftop patio. The temporary additional area would be a parklet consisting of three parking spaces on Main Street. All outside areas would include alcohol service. SPECIFIC REQUEST Portside' s requested spaces are shaded lilac in the map to the righrt. COMMENTS The on -street parking spaces on Main Street are under MnDOT jurisdiction and their use as an outside seating area cannot be approved through this permit. However, MnDOT will allow the City to make application for permission to use Main Street for this purpose. The details of the outside seating area will be the subject of a separate permit to the City from MnDOT. OSA Permit June 1, 2020 Page 2 RECOMMENDATION Staff recommends approving the liquor license amendment for the three spaces on Main Street if approved by MnDOT. Attachments: Permit application materials i11watt The Birthplaces a9g 216 4th Street N, Stillwater, MN 55082 430-8800 ww RECEIVED www. c i. s t i l l Ovate r. m n. u s APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES MAY 2 iy 2020 City of Stillwater Admi►;iatkatiprl DOWNTOWN BUSINESSES WITH PARKLETS [USE OF ON -STREET PARKING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60 day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. Applicant: Name: ILoc Position/Title: deer\ ZTIEmail: /_,Gv"]1 _0, Lc() S t r Sr VMS Daytime Phone: (S C ` I Z 2-f Cell Phone: b� 2-0 ' ( 2- I Business Name: lets Business Location Address: 31 ! I Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: ❑ General retail ❑ Food and/or beverage sales; no alcohol )ood and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: Days of Operation: Hours of Operation: //- Permit application submission - Please complete and submit the application form to stillwaterPci.stillwater.mn.us /, L4 ' C ,Q r_i ._\cLit Lp070�' ,ter.(0,t 60 ./7-?Ak/6/4,6, f Uf iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 29, 2020 TO: Mayor & Council Members APPLICANT: The Stillwater Country Club REQUEST: Liquor license amendment for temporary outside sales area LOCATION: 1421 N 4th Sreet REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND The Stillwater Country Club, 1401 N 4th Street, has submitted a permit application for the temporary use of their patio areas around the club house for temporary outside seating areas. SPECIFIC REQUEST A. Use of private property around club house for temporary outdoor seating area. B. Amendment of liquor license to temporarily add parking lot to premises. RECOMMENDATIONS Staff recommends approval of the liquor license amendment with the condition that the liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED, Washington County Public Health & Environment and Stillwater Building Official. Attachments: Permit application materials The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES UPTOWN BUSINESSES WITH PARKLETS [USE OF ON -STREET PARKING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60 day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and e s anions of existing outdoor sales areas. v 0‘ Applicant: Name: P Position/Title: CuoID A Email: 0 ° Ce ' ' �CC- Daytime Phone: S1 72- 311-1 Cell Phone: Si 14 7 2- 3 ( Business Name: r ' �' Business Location Address: 42-1 e Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: E General retail ❑ Food and/or beverage sales; no alcohol Food and/or beverage sales; including alcohol sales Days of Operation: y Hours of Operation: VC: a®arn — 9 Date you wish to begin outdoor sales: Permit application submission - Please complete and submit the application form to stillwater@ci.stillwater.mn.us S:/Shared/Forms/Administration/OutdoorsSales Page 1 of 4 rip r\iNt V4f 1 lwa ter THE B I R T H PLACE OF MINNESOTA DATE: June 2, 2020 TO: Mayor & Council Members APPLICANT: Water Street Inn/Charlie's Pub REQUEST: Liquor license amendment for outdoor seating area LOCATION: 101 S Water St REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad REQUEST The Water Street Inn and Charlie's Pub, 101 S Water Street, have submitted a permit application to expand their liquor license premises to include the temporary use of three public parking spaces. COMMENTS The proposed parklet would be a 10' x 46' wood platform constructed even with the sidewalk elevation. The preferred location is labeled as #1 in the map below. But, in order of priority #2 and #3 would also be acceptable to the applicant. OSA Permit June 2, 2020 Page 2 The minimum required clear travel surface for fire protection services is 20 feet. So, location #1 is not eligible as a parklet. Myrtle Street is simply too narrow in this block. According to City policy, location #2 is also ineligible because it is in a City parking lot. Therefore, only location #3 meets all policies. RECOMMENDATION Staff recommends approval of location #3 as the extended premises for the requested liquor license amendment. Attachments: Permit application materials SliIIwwww `_ The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES WITH PARI{LETS [USE OF ON -STREET PARKING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60 day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sale reas and expa ons of existing outdoor sales areas. Applicant: Name: !/t'/ 0 v t' n/ Position/Title: �rjr Cr'H / LtEmail: c h oc va.,9 c Daytime Phone y(• 43" "l.;,Gb Cell Phone: ' / G Lam- Business Name: � ¢,77 r c5% rdti .� ��<f r ltrj / 'CJTa././ i Business Location Address: / '/wa 7j� ✓�7^�t/✓' -!' Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: General retail ❑Food and/or beverage sales; no alcohol Food and/or beverage sales; including alcohol sales .ti Date you wish to begin outdoor sales: y! Days of Operation:14 — c. 'L Hours of Operation: OG r-r 7e Ie7:/NL Permit application submission - Please complete and submit the application form to stillwater@ci.stillwater.mn.us S:/Shared/Fot'ms/Administration/OutdoarsSales Page 1 of 4 Water Street Inn / Charlie's Restaurant & Irish Pub The Parklet would be constructed out of wood, with a railing running along three sides open along the sidewalk. The floor would be built so that it is the same height as the sidewalk. We are asking for it to be 46 feet long and 10 foot wide. We would be able to have 6 tables and seat 24 people keeping the tables 6 feet apart. It will be built to meet all code requirements. Our first choice would be to have it on Chestnut Street if that would be available. If not our second choice would be in parking lot #4 to the east of our building. Our third choice would be Water Street, 1 lwa ter THE B I R T H PLACE OF MINNESOTA DATE: June 1, 2020 TO: Mayor & Council Members APPLICANT: Whitey's Bar & Restaurant REQUEST: Liquor license amendment for outdoor seating area LOCATION: 302 S Main Street REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Whitey's Bar & Restaurant, 302 S Main Street, has submitted a permit application for an outdoor sales area. The temporary area would be on their parking lot adjacent to the rear of their premises. No public space is being requested. SPECIFIC REQUEST Amendment of liquor license to temporarily add additional outdoor seating area in private parking lot adjacent to the premises. Outdoor seating area OSA Permit June 1, 2020 Page 2 View of VVhitey's parking lot RECOMMENDATION Staff recommends approval of the liquor license amendment providing that any conditions found necessary by the Stillwater Fire Department, Minnesota AGED, Washington County Public Health & Environment, and the City Building Official must be satisfied. Attachments: Permit application materials Received Stillwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 M AY 2 7 2020 651-430-8800 www.ci.stillwater.mn.us APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES Community Development Departm""f DOWNTOWN BUSINESSES WITH PARKLETS [USE OF ON -STREET PARKING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60 day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. Applicant: Name: Ili-= lJ r.i i4,14 11'l r ey Position Title: 0 LJ/4 G - Email: KEvcl-( u/J ~ Come-45 —1 Daytime Phone: S! " 3S 3 -224 6—Cell Phone: 6 5'l -- 3S 3 `25)44" Business Name: wbit ri j' S � Kist lW1T- Business Location Address: 3 6 Z. M. /-/tl 5 F • S Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: General retail ❑ Food and/or beverage sales; no alcohol Food and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: Days of Operation: tIl- &I4 " 5 L4.4 Hours of Operation: 1t .`AMA -' 12 6-i-2o Permit application submission - Please complete and submit the application form to stillwater@. ci.stillwater.mn.us S:/Shared/Forms/Administration/OutdoorsSales Page 1 of 4 F b 1,-11-t ?- 5 - e_A c ea- rA-3 L c >d_O>L. �. L l l Me21I,a02a Washington County, MN 1.7,1X10 i sa .M M■ RESOLUTION 2020- RESOLUTION FOR TEMPORARY OUTDOOR DINING PERMIT BE IT RESOLVED, the City Administrator, Tom McCarty and the Director of Public Works, Shawn Sanders are hereby authorized and directed for and on behalf of the City of Stillwater to execute and enter into an agreement with the Commissioner of Transportation as set forth and contained in the document entitled "PERMIT- TEMPORARY OUTDOOR DINING", a copy of which was before the City Council and which is made a part hereof by reference. Adopted by the Stillwater City Council this 2nd day of June 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CERTIFICATION STATE OF MINNESOTA ss COUNTY OF WASHINGTON I, Beth Wolf, City Clerk of the City Of Stillwater do hereby certify that the foregoing is a true and correct copy of RESOLUTION 2020- A RESOLUTION FOR TEMPORARY OUTDOOR DINING PERMIT, adopted by the City of Stillwater City Council, at a meeting held, according to law, at Stillwater, Minnesota, on the 2nd day of June, 2020 as the same appears on file and of record in the offices of the City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Stillwater, this 2nd day of June, 2020. Beth Wolf, City Clerk ��11 11111111,1i1 ''%" sTILL,�j of '_1140. STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION PERMIT- TEMPORARY OUTDOOR DINING City/Township City of Stillwater Permit # Expiration November 2, 2020 or Expiration of Executive Order #20-01, whichever occurs first The State of Minnesota, through its Commissioner of Transportation ("MnDOT") hereby grants a Permit for Temporary Outdoor Dining ("TOD") purposes to City of Stillwater ("Municipality"), to allow the Municipality to permit the use of the trunk highway right of way ("Right of Way") shown on Exhibit "A" (the "Trunk Highway Area"), attached hereto and incorporated herein by reference, for use as provided in this TOD. This TOD is executed by the Municipality pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Temporary Outdoor Dining- Food and Beverage Service The Municipality may issue a permit to a licensed person, firm, or corporation engaged in the business of conducting a food and beverage service establishment, as defined in Minn. Stat. Chap. 157 ( "Business") for the temporary use of all or a portion of the Trunk Highway Area for the placement of the components necessary to create an outdoor dining area in which to conduct outdoor food and beverage service, including tables, chairs, and refuse containers ("Outdoor Dining Components") and the associated food and beverage service thereto and maintenance thereof. The permit issued by the Municipality to a Business as provided in this paragraph shall be herein referred to as an "Outdoor Dining Permit". A business issued an Outdoor Dining Permit by the Municipality shall be herein referred to as a "Permitted Business". In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This TOD commences on 6/01/2020 or the date upon which MnDOT secures all necessary signatures on this TOD, whichever occurs later, and terminates at 11:59 PM on 11/02/2020 or upon the expiration of Executive Order #20-01, whichever occurs first ("Expiration Date"), subject to the right of cancellation by MnDOT, with or without cause, by giving the Municipality ten (10) days written notice of such cancellation. Municipality hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this TOD by MnDOT. Municipality agrees that it will not make or assert any claims for damages, costs, TOD Form Page 1 of 8 Last Updated: 6/2/2020 expenses, losses, fees and compensation based upon the existence, cancellation or termination of the TOD. Municipality agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. OUTDOOR DINING PERMIT BETWEEN MUNICIPALITY AND BUSINESS. The following items must be attached to and incorporated into each Outdoor Dining Permit issued by the Municipality to a Permitted Business and made available to MnDOT upon request: a. MAP. Specifically identifying the following: Boundaries of the portion of the Trunk Highway Area covered by the Outdoor Dining Permit; ii. Proposed closures of: bike lanes, parking lanes, shoulder, traffic lanes, or roads; iii. Detour routes for closed bike lanes and/or roads; iv. Traffic Control as determined by Municipality (description of proposed traffic control); v. If appropriate, alternate route for large commercial vehicles or agricultural vehicles. b. SPECIAL CONDITIONS. SPECIAL CONDITIONS REQUIRED FOR OUTDOOR DINING PERMIT BETWEEN MUNICIPALITY AND BUSINESS FOR USE OF TRUNK HIGHWAY RIGHT OF WAY ("Special Conditions") attached hereto and incorporated into this TOD as Exhibit C. 3. LOCATION AVAILABLE FOR OUTDOOR DINING PERMIT. Municipality may only issue an Outdoor Dining Permit to a Business for all or a portion of the Trunk Highway Area contiguous to the primary physical location of the Business. 4. MUNICIPALITY TO PROVIDE CONTACT INFORMATION. The Municipality must provide a list of all Permitted Businesses to MnDOT. This list must include the name and location of the Permitted Business and emergency contact information for the Permitted Business. 5, SPECIAL CONDITIONS. Failure by a Municipality to attach and incorporate the Special Conditions to any Outdoor Dining Permit and/or failure to require and enforce compliance with the terms contained in the Special Conditions may result in termination of this TOD. 6. TERMINATION OF OUTDOOR DINING PERMITS. Prior to the Expiration Date or earlier termination, Municipality will terminate or otherwise cancel all Outdoor Dining Permits. 7. REMOVAL. Upon the Expiration Date or earlier termination, at the Municipality's sole cost and expense, Municipality will: TOD Form Page 2 of 8 Last Updated: 6/2/2020 a. Remove, or cause to be removed, all Outdoor Dining Components from the Trunk Highway Area and restore the Trunk Highway Area to a condition satisfactory to the MnDOT District Engineer; and b. Surrender control of the Trunk Highway Area to MnDOT. If, without MnDOT's written consent, Municipality or a Permitted Business continues to occupy all or a portion of the Trunk Highway Area after the Expiration Date or earlier termination of this TOD, MnDOT may remove all of the Outdoor Dining Components and restore the Trunk Highway Area to a condition satisfactory to the MnDOT District Engineer. Municipality will pay all costs and expenses incurred in the removal of the Outdoor Dining components and restoration of the Trunk Highway Area. Notwithstanding anything herein to the contrary, in the event of an emergency as determined in MnDOT's sole discretion, MnDOT may order the Municipality to remove the Outdoor Dining Components, or MnDOT may remove the Outdoor Dining Components at Municipality's expense. 8. OUTDOOR DINING COMPONENT INSTALLATION. The installation and maintenance of all Outdoor Dining Components shall be at no cost or expense to MnDOT. The installation and maintenance of the Outdoor Dining Components shall occur in a manner compatible with the safe and efficient operation of the highway. 9. MAINTENANCE. Any and all maintenance of the Trunk Highway Area shall be provided by the Municipality at the Municipality's cost and expense. Except as otherwise permitted herein, no signs shall be placed on any MnDOT or other governmental agency sign post or on the Trunk Highway Area. MnDOT will not mark obstacles for users on trunk highway right of way. If an Outdoor Dining Component becomes damaged, Municipality will immediately remove, or cause to be removed, the Outdoor Dining Component from the Trunk Highway Area. 10. TRAFFIC CONTROL. The Municipality will provide all necessary traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways ("MN MUTCD"). 11. USE. Municipality shall use, and shall only allow Permitted Businesses to use, the Trunk Highway Area for public purposes. Unless specifically authorized herein, no permanent structures or advertising devices in any manner, form or size shall be allowed on the Trunk Highway Area. No commercial activities shall be allowed to operate upon the Trunk Highway Area except as expressly authorized by the terms of this TOD and Executive Order This TOD is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities, which may occupy the Trunk Highway Area. Any use permitted by this TOD or permitted by an Outdoor Dining Permit issued under this TOD shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes and subordinate to rights granted to any third TOD Form Page 3 of 8 Last Updated: 6/2/2020 party by law or by and through an agreement between MnDOT and that party. This TOD does not grant any interest whatsoever in land or establish any, rights to relocation benefits. This TOD does not create any future right to use the Trunk Highway Area or any other Right of Way, for the same or different purposes. 12. APPLICABLE LAWS. This TOD does not release the Municipality from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto. The Municipality shall, at its sole cost and expense, comply with and require all use of the Trunk Highway Area to be pursuant to an Outdoor Dining Permit to be in accordance with Minnesota law (including but not limited to applicable Executive Orders, requirements related to liquor licensing, the Minnesota Occupational Safety and Health Act of 1973, Minnesota Statutes 2019, Chapter 182 ("Minnesota OSHA Standards"), and Minnesota Rules Chapter 4626 ("Minnesota Food Code")), federal law (including the Americans with Disabilities Act), municipal laws, rules, regulations, and ordinances (including zoning ordinances and requirements related to food and liquor licenses), all restaurant and bar industry guidance provided by the Commissioners of Health, Employment and Economic Development, and Labor and Industry pursuant to Executive Order 20-56 Section 7(b), and all guidelines related to COVID-19 set forth by the Minnesota Department of Health and the United States Centers for Disease Control and Prevention. If all or a portion of the Trunk Highway Area subject to an Outdoor Dining Permit is not in compliance with applicable law, MnDOT may order the Municipality to terminate the Outdoor Dining Permit and order the Municipality to remove the Outdoor Dining Components or MnDOT may remove the Outdoor Dining Components and Municipality shall reimburse MnDOT for the cost thereof. 13. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the assemblage of Trunk Highway Area users on all Trunk Highway Area over which this TOD is granted, so as to maintain public safety. 14. ENVIRONMENTAL. The Municipality shall not, and shall not allow a Permitted Business to, dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the Trunk Highway Area. In the event of spillage of regulated materials, the Municipality shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Municipality. 15. MECHANIC'S LIENS. The Municipality (for itself, its permittees, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any permittee, subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of TOD Form Page 4 of 8 Last Updated: 6/2/2020 any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 16. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Municipality or when made in writing addressed as follows: Municipality at: City of Stillwater 216 4th Street N Stillwater, MN 55082 MnDOT at: State of Minnesota Department of Transportation The address to which notices are mailed may be changed by written notice given by either party to the other. 17. INDEMNITY. Municipality shall indemnify, defend to the extent authorized by the Minnesota Attorney General's Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation, employees, agents and any successors and assigns of the foregoing, from and against: TOD Form a. All claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Municipality's or Permitted Business's property) occurring on the Trunk Highway Area or connected with Municipality's or Permitted Business's use and occupancy of the Trunk Highway Area, except when such injury, death, loss or damage is caused solely by the negligence of the State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Municipality or Permitted Business or otherwise discover or prevent actions or operations of Municipality or a Permitted Business giving rise to liability to any person; b. Claims arising or resulting from the temporary or permanent termination of Municipality's or a Permitted Business's rights on any portion of Trunk Highway Area over which this TOD is granted; c. Claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; d. Any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and e. Any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the installation, maintenance, removal, or other use of Municipality or a Permitted Business. Page 5 of 8 Last Updated: 6/2/2020 The liability of MnDOT is governed by Minn. Stat. §3.736 and other applicable law. 18. GENERAL INSURANCE REQUIREMENTS — MINIMUM COVERAGE REQUIREMENTS. Prior to the execution of any Outdoor Dining Permit, the Municipality shall provide MnDOT with a properly executed certificate(s) of insurance which shall clearly evidence the insurance required below and name the State of Minnesota and MnDOT as an Additional Insured. 18.1 Workers' Compensation Insurance Municipality must provide Workers' Compensation coverage for all its employees and, in case any work is subcontracted, Municipality will require the subcontractor to provide Workers' Compensation coverage in accordance with the statutory requirements of the State of Minnesota and Employers liability with limits not less than: $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident 18.2 General Liability Insurance a. Minimum Limits of Liability: The Municipality is subject to the terms and conditions of Minn. Stat. Chapter 466 and will maintain Commercial General Liability insurance (or comparable coverage under a program of self-insurance) with Tort Claims limits currently not less than $500,000 per person and $1,500,000 per occurrence for bodily injury and property damage. b. Coverages: X Premises and Operations Bodily Injury and Property Damage X Personal & Advertising Injury X Blanket Contractual X Products and Completed Operations X State of Minnesota named as Additional Insured 18.3 Additional Insurance Conditions: TOD Form a. Municipality's policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of the Municipality's or a Permitted Business's performance under this TOD. Page 6 of 8 Last Updated: 6/2/2020 b. If Municipality receives a cancellation notice from an insurance carrier affording coverage herein, Municipality agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless Municipality's policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota. c. Municipality is responsible for payment of TOD related insurance premiums and deductibles. d. If Municipality is self -insured, a Certification of Self -Insurance must be attached to this TOD. e. Municipality's policy(ies) shall include legal defense fees in addition to the liability policy limits. f. Municipality shall obtain insurance policy(ies) from insurance company(ies) having an "AM Best" rating of A- (minus), Financial Size Category of VII or better, and authorized to do business in the State of Minnesota (or comparable coverage under a program of self- insurance). 19. PROPERTY DAMAGE. It is the duty of the Municipality to maintain insurance on their own property. Notwithstanding anything apparently to the contrary in this TOD, Municipality hereby releases MnDOT from any and all liability or responsibility to the Municipality or anyone claiming through or under them by way of subrogation or otherwise for Toss or damage, even if such loss or damage shall have been caused by the fault or negligence of MnDOT or anyone for whom MnDOT may be responsible. 20. CONSTRUCTION AND INTERPRETATION. Whenever required by the context of this TOD, the singular shall include the plural, and vice versa. 21. ASSIGNMENT. No assignment of this TOD is allowed. 22. IN WRITING. Except for those which are set forth in this TOD, no representations, warranties, or agreements have been made by MnDOT or Municipality to one another with respect to this TOD. 23. EXHIBITS: The following exhibits are attached to and incorporated into this TOD: TOD Form a. Exhibit A: Map identifying geographic boundaries of the Municipality and identifying areas of Right of Way the Municipality intends to open for use by permit holders; b. Exhibit B: Municipal Resolution Authorizing the Municipality to Enter into this TOD; and c. Exhibit C: Special Conditions Required for Outdoor Dining Permit between Municipality and Business for Use of Trunk Highway Right of Way. Page 7 of 8 Last Updated: 6/2/2020 MINNESOTA DEPARTMENT OF TRANSPORTATION CITY OR TOWNSHIP OF APPROVAL City of Stillwater BY BY ITS District Engineer ITS DATE DATE TOD Form BY ITS DATE Shawn Sanders Director Public Works Tom McCarty City Administrator Page 8 of 8 Last Updated: 6/2/2020 RESOLUTION 2020- RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR ADDITIONAL TEMPORARY LICENSE PREMISES WHEREAS, a request from the following businesses have been received to add temporary outside seating adjacent to their building as an amendment to their liquor license premises; and WHEREAS, the additional outside seating area is temporary and will only be permitted during COVID-19 as executed by Governor Walz; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and WHEREAS, adding the additional space to their licensed premises would allow the businesses to expand their establishment and provide safe distancing while dining during the COVID-19 social distancing requirements. BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. Businesses must adhere to all Executive Orders issued by the Governor during this pandemic. 3. Upon expiration of the COVID-19 Governors Executive Orders, serving liquor to the temporary outside seating area must cease and the temporary premises area be removed. THEREFORE BE IT FURTHER RESOLVED, that the Stillwater City Council of Stillwater Minnesota hereby approves the additional licensed premises listed below as contingent above: Doing Business As Licensee Name Premise Address Brick and Bourbon Brick and Bourbon Stillwater, LLC 215 Main St S LoLo American Kitchen LoLo American Kitchen LLC 233 Main St S Marx Wine Bar and Grill B.A. Mensch, Inc. 241 Main St N Meisters Bar and Grill Meisters Bar and Grill of Stillwater, Inc. 901 4th St S Portside Stillwater Holdings LLC 317 Main St S Stillwater Country Club Stillwater Country Club Inc. 1421 4th St N Water Street Inn DBD Partners Inc. 101 Water St S Whiteys DNR Properties LLC 302 Main St S Adopted by the Stillwater City Council this 2nd day of June 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RESOLUTION NO. 2020- RESOLUTION AUTHORIZING AN INTERFUND LOAN AND DESIGNATING USE OF TAX INCREMENTS DERIVED FROM TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 4 TO PAY COSTS OF ELIGIBLE INFRASTRUCTURE IMPROVEMENTS WITHIN DEVELOPMENT DISTRICT NO. 1 WHEREAS, the City has established Tax Increment Financing (Redevelopment) District No. 4 (the "TIF District"); and WHEREAS, City staff has identified that sanitary sewer lift station improvements included in the 2020 Capital Improvement Plan are eligible to be funded from tax increments from the TIF District. WHEREAS, The City hereby authorizes the advance of up to $300,000 as an Interfund loan from the TIF District to the Sanitary Sewer Fund. The Sanitary Sewer Fund shall reimburse the TIF District for such advances together with simple interest at the rate stated below. Unpaid interest shall accrue on the principal amount from the date of each advance. The interest rate shall be 2% and will not fluctuate. WHEREAS, Principal, interest and unpaid accrued interest payments on the Interfund Loan shall be paid annually on each December 31, or on any other dates determined by the Finance Director. The term of the loan is for up to five years. WHEREAS, The principal sum and all unpaid accrued interest payable under this Interfund Loan are pre -payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. WHEREAS, This Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from the Sanitary Sewer Fund revenues pledged to the payment hereof under this resolution. WHEREAS, The City may amend the terms of this Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the use of tax increments from the TIF District for an advance of up to $300,000 to the Sanitary Sewer District to pay for costs of the sanitary lift station improvements. Enacted by the City Council of the City of Stillwater, Minnesota this 2nd day of June 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 12611067v1 Page 1 CITY OF STILLWATER LIST OF BILLS Action Rental Inc. Advance Auto Parts Astleford International AutoNation Brock White Co. LLC Cintas Corporation City of St. Paul City Wide Maint of MN Clarke Carlee Cole Papers Comcast Core & Main Dakota County Technical College Dalco Davis Equipment Corp ECM Publishers Emergency Automotive Environmental Equipment & Services Field Training Solutions Fixmer Don Freds Tire Company Frontier Ag & Turf Fury Motors Gateway Cycle Gertens Wholesale Grainger Green Cindy Group Medicareblue RX Guardian Supply Haussner Plumbing LLC Heritage Printing Inc. Hildi Inc International Code Council KOMA Mansfield Oil Company McDaniel Law & Policy McGinley Elizabeth Menards Metropolitan Mechanical Contractors MidAmerica Inc Miller Excavating Office Depot Operatunity Theatre/Rouge Legacy Performance Plus LLC Primary Products Co. Concrete & trailer rental Equipment repair supplies Filters Equipment repair supplies Pond maint supplies Uniforms & mat cleaning Asphalt Commercial cleaning services Park Fee Refund Supplies - COVID 19 Internet Storm sewer repair supplies Training Janitorial supplies Equipment repair supplies Publications Vehicle repair charges Equipment repair supplies Training Reimburse for supplies Tire tubes Equipment repair supplies Vehicle repair Bicycle tune ups Flowers Tissue dispenser Park Fee Refund Retiree Prescriptions Ins Uniforms Equipment repair supplies COVID playground & trail posters Actuarial valuation Code Remodel design Fuel Professional Government Relations Services Refund of over payment Supplies Maintenance Pre -demo hazardous materials inspection Street sweepings Office supplies Refund due to cancellation Drug Screen COVID supplies 200.00 503.57 124.92 464.20 877.02 403.15 408.16 3,804.70 100.00 32.17 134.90 564.97 800.00 1,710.04 601.30 71.25 360.00 941.47 590.00 23.52 29.90 111.74 89.76 239.97 2,384.40 408.70 50.00 2,242.50 98.97 418.00 525.00 6,550.00 607.20 2,080.45 3,480.35 6,250.00 3.33 2,461.21 2,668.30 3,240.00 22.00 70.85 50.00 316.00 1,685.00 Quadient Leasing Run Stillwater Inc Safe Fast Inc Shilts Cindy SiteOne Landscape Supply SRF Consulting St. Croix Boat and Packet Co. St. Croix Marine and Power Stillwater Collision Stillwater Medical Group Streichers T.A. Schifsky and Sons Total Parking Solutions Inc. Tri-State Bobcat Truck Utilities Inc. Vukelich Mary Washington County Property Records Water Works Plumbing & Heating LLC Xcel Energy Zee Medical Service REC CENTER Comcast Lindstrom Solar LLC Menards Sentry Systems Inc. St. Croix Boat and Packet Co. LIBRARY Brodart Co Cintas Corporation Country Messenger Demco Inc. Ebsco Publishing Krefting Wayne Menards Office of MN IT Services Otis Elevator Company Quill Corporation Snake Discovery LLC Uline Inc Mail Machine Lease Refund due to cancellation Marking tape Reimburse for car cleaning gratuity Park facility supplies ADA Transition Dock Space Lease 2020 Tracker SX800 Crew ATV Refinish & paint Medical fees Ammo Asphalt Receipt paper Equipment repair supplies Springs Park Fee Refund TIF Admin Fees Lowell south bathroom repairs Energy First aid supplies TV Internet & Voice Solar Energy Supplies Alarm monitoring Manager Materials Towels & Rugs Materials Processing Supplies Materials Programs Janitorial Supplies Phone Maint Contract Supplies Programs Programs Page 2 455.01 100.00 93.60 60.00 457.33 829.48 2,666.67 14,285.55 651.47 143.35 554.00 3,814.31 355.00 326.00 38.52 135.00 14,243.00 291.00 16,041.79 250.10 447.02 6,894.82 29.99 140.85 12,298.98 2,847.12 63.84 26.00 78.14 170.81 175.00 168.29 143.70 579.42 39.99 180.00 189.61 Page 3 ADDENDUM Cornerstone Neal Ave easments 1,800.00 Frontier Precision Total Station 28,061.20 Xcel Energy Energy 8,465.70 TOTAL 167,390.63 Adopted by the Stillwater City Council this 21st day of April, 2020 Mayor Ted Kozlowski REVISED ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this 2nd day of June, 2020 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 the Lily Lake Ice Arena, 1208 Greeley Street S and the St. Croix Valley 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 1.01 Commencing January 1, 2020 and continuing until December 31, 2020, 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. 1. 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• 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, 2020 and ending December 31, 2020. 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, 2020. 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 8.01 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 9.01 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 13.01 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 14.01 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 16.01 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 17.01 The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law 18.01 The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability 19.01 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 22.01 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 Ted Kozlowski, Mayor Beth Wolf, City Clerk STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this day of , 2020, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Beth Wolf, 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. Notary Public ST. CROIX CATERERS, INC. Richard Anderson, President STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this day of , 2020, 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 StIllr Administration Date: June 2, 2020 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Solid Waste, Recycling and Roll -off Hauler License DISCUSSION: Buckingham Companies dba Buckingham Trucking has submitted the required information and fee for a 2020 Solid Waste, Recycling and Roll -off Hauler License. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting resolution APPROVING SOLID WASTE, RECYCLING AND ROLL -OFF HAULER LICENSE contingent upon the satisfactory completion of application submittal requirements. RESOLUTION 2020- APPROVING SOLID WASTE, RECYCLING AND/OR ROLL -OFF HAULER LICENSE WHEREAS, Buckingham Companies has submitted an application for a hauler licenses for 2020; and WHEREAS, approval is contingent upon satisfactory completion of application submittal requirements. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a Commercial Solid Waste/Recycling or Roll -off Hauler License for Buckingham Companies. Adopted by Council this 2nd day of June 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk REVISED AGREEMENT AGREEMENT made this June 1st, 2020, by and between the CITY OF STILLWATER, a Minnesota municipal corporation ("City") and ITASCA MARKETING LLC, a Minnesota limited liability company ("Itasca"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. LIVE STREAM. The City authorizes Itasca to manage, install and operate automated live streaming cameras on City owned property in accordance with the Contract Documents. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement; and B. Itasca's proposal attached hereto as Exhibit "A". In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority and Contract Document "B" having the last priority. 3. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. 4. COMPLIANCE WITH LAWS AND REGULATIONS. Itasca shall abide by all statutes, ordinances, rules and regulations. 5. INDEMNIFICATION. Itasca shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of this Contract and further agrees to defend, at its sole cost and expense, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 6. DAMAGED, LOST AND STOLEN PROPERTY AND EQUIPMENT. The City shall have no liability or responsibility for any of Itasca's equipment or property that is damaged, stolen or lost. 7. INSURANCE. Itasca shall secure and maintain such insurance as will protect Itasca from claims under the Worker's Compensation Acts, automobile liability, and from claims 1 initial for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $300,000 combined single limit The City shall be named as an additional insured on the general liability policy. Before commencing work, Itasca shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 8. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for+1e-nt�epi-n-County initial Washington 9-. M4N-N-ESOT-► 4VEfEN-MENT DATA-PRACT+CEs-AM-It-as-ea-mast-ee+ l-y-wtith the-Mi-he ota-GoveF rent#Data12Fa.aiees-Aet,TMinfreset Statutes-E-h,apter-13; it a pNes-te- (1)--al+d-ata-eFev+d-e l-by e-e+ty 1su t et+i-is-Ag e-er e t,-aftd-Wa}kd-at-a ereeteeir eelleetecl,-feeeivee1 -t�=e -uset,- a+rota-irred,- disc i ated-r-+tasea•pttr--aantte-tMis -Agreerxieht Ita-sea+s b}eet-to-ala-the-p rior-s-of thei-n-hesota-Go Fp+ pt-0at P� ac i£es ,-i slued i rg t eta+�r+i# d of e�� it e+gyred+es-0f-M-i esota-Stat-utes-13:0�,-as�# ftvverea-g- ec rent-e t+t-y-khtlreevenrt 1# ca-rec-ewes-aFe£foest-to e-leaseelata;-Itas£ FFIt-st tr eehately--netify-the-Clty7-Gity--ro+Ngive-Itas a--instFuc leas-c-onee-FFi+ag-the-release -of the -data -to-the-Fe stixhg-paFty-be#o�-ethe clata+s-releasedatasca agrees-tor#efen-d,-i de141-1:1+fit,- -arid-bol€1-E+ty,-er+rpbyees,-aed-vela+-teecs-harchless-fr-eFA-aFly- -el ai s-r-es par# ?eFS',-ena-p-1 yeeslivel-u-AteE-r-s2 assignees —e bee Mca-ete '-a+flaw#trl-elisel-asace-a et/ar-a9eef-pr4teete£-dat-a-Ti}e-teFFris-o€ th-is-pa-ragrap aI-l-su +va-tk -oa-neellati-o-p-or erraixnation-o# -tai-sAgreement 10. COPYRIGHT. Itasca shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 11. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or Itasca desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, Itasca shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Itasca shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 2 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the otherparty. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. TERMINATION. This Agreement may be terminated upon thirty (30) days' written notice by either party should the other fail to perform their obligations hereunder. In the event of termination, Itasca shall pay the City for all money due to the date of termination. This agreement may be terminated upon sixty days (60) days' written agreement by the City of Stillwater without specific cause. 16. NOTICES. All notices, demands or requests required or permitted to be made pursuant to or under this Agreement must be in writing and deemed valid if sent by registered mail, return receipt requested, or delivered by overnight delivery service providing written evidence of delivery , or by hand delivery by a reputable independent courier providing written evidence of delivery, addressed as follows: CITY: ITASCA: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention: Itasca Marketing LLC 3033 Excelsior Blvd Suite 305 Minneapolis, MN 55416 Attention: Michael Gaard City of Stillwater Itasca Marketing LLC Name: Mayor Ted Kozlowski Name: Mike Gaard, CEO Date Date 3 REVISED Itasca Marketing 3033 Excelsior Blvd Suite 305 Minneapolis, MN 55416 Live Stream Service for St. Croix Valley Recreation Center and Lily Lake Arena OVERVIEW This agreement provides the business terms between Itasca Marketing and the City of Stillwater to manage, install, and operate automated live streaming cameras in the three indoor hockey rinks. This agreement covers the period of three calendar hockey seasons which begins on June 1, 2020 and runs through May 31, 2023. Goals The implementation of the automated camera systems and the related management services provided by Itasca's video production company, MNHockey.Tv (MNHTV), will enable the following mutual goals: initial 1. Deliver live streaming services of youth hockey games., excluding High School hockey games. 2. Provide a coaching tool and support for coaches use of the service. 3. Provide one of the highest quality live streaming experiences in youth sports. SPECIFICATIONS Itasca Marketing will complete and execute the purchase of three automated camera systems to be installed in the St. Croix Recreation Center (Rec Center) and the Lily Lake Arena. Viewing Components MNHockey.Tv will schedule the games selected by the arena rink manager onto the automated streaming platform to provide streaming services for these types of hockey events and games: 1. Pay per view (PPV) for home and visiting teams and tournaments. 2. Pay per view for spring, summer, winter and fall tournaments for all viewers. 3. Video access for youth and high school coaching sessions. Live Streaming Service PPV pricing and Shared Revenue A pay per view amount of $39.95 for a season pass, $19.95 for a tournament pass, and $9.95 per game will be made available on a pay wall created by Itasca Marketing. The service will feature an exclusive Stillwater Arena live streaming portal and video platform that can be shared on all Stillwater youth hockey and city -based websites. Itasca Marketing will also have all games available on their hockey specific website — MNHockey.Tv. Pay Per View Revenue Share Itasca Marketing will share revenue with the St. Croix Valley Recreation Center/Lily Lake Arena and the Stillwater Youth Hockey Association. 1. Twenty-five (25%) of PPV receipts will be paid to the Stillwater Youth Hockey Association. 2. Twenty-five (25%) of PPV receipts will be paid to the Ree £tester-a-L4Iy--Laka Arena- initial 3. Fifty (50%) of PPV receipts will be paid to Itasca Marketing. City of Stillwater Itasca Marketing services include the following activities: 1. Installation of equipment will be the responsibility of Itasca Marketing. Itasca will need to work with the Building Department to make sure that all cabling is installed according to code. 2. Installation by Itasca of one camera per rink (two for the Recreation Center, one for Lily Lake) • Electrical installation if needed • Network cable installation 3. Internet access will be provided by Itasca Marketing. The City IT Department will work with Itasca on placement of the equipment. A detailed walk-through will be done to help determine what would work best for both parties. 4. The Recreation Center and Lily Lake reserve the right to stream to the Recreation Center and Lily Lake lobbies via video monitors and video distribution equipment purchased by the City. 5. The Recreation Center will work with Itasca on Scoreboard data access for video overlay (on screen scores for the streaming). 6. The camera equipment can be purchased by the City after the three-year term of the contract at a mutually agreed to market value. 7. Live streaming video portal on MNHTV's website and the Stillwater Area Youth Hockey Association website. 8. E-Commerce platform for customer purchases of packages. 9. Video embed codes from the portal to all sites requested from the St. Croix Valley Recreation Center and Lily Lake Arena. Schedule management in the portal and communications with the arena scheduler. Marketing of games, tournaments, and events. 10. Customer support for viewers. 11. 3-year limited hardware warranty covered by Itasca Marketing. Live Streaming Service Agreed by: City of Stillwater Itasca Marketing � Gi GZGv2., Name: Mayor Ted Kozlowski Name: Mike Gaard, CEO tkozlowski@ci.stillwater.mn.us mike@itascadigital.com Email Email 651-430-8800 (763) 233-2587 Phone Phone Live Streaming Service NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 Public comments can also be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING June 2, 2020 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. COVID-19 Response Update a. Update on Temporary Outdoor Business Sales Permit Applications b. Update on Main Street and Chestnut Street Use for Business Expansion c. Temporary Liquor License Premises Expansion - Resolution - Available Tuesday d. St. Croix Rec Center Operations/Reopening Update e. City Park Reservation Update f. Workplace of Tomorrow Team Update g. 2020 CIP Funding - Resolution Designating Use of TIF District No. 4 Funds to Pay Costs of Eligible Infrastructure Improvements Within Development District No. 1. - Available Tuesday IV. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Director 6. Public Works Director 7. Finance Director 8. City Attorney 9. City Administrator 10. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS X. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA - all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 11. May 19, 2020 regular session meeting minutes 12. Payment of Bills 13. Board of Water Commissioners Appointment 14. St. Croix Valley Rec Center Management Contract 15. Stillwater Hockey Association Gambling Permit Application for No -Neck Tony's XII. PUBLIC HEARINGS - None XIII. UNFINISHED BUSINESS 16. Boom Road Septic System Easements Agreements XIV. NEW BUSINESS 17. St. Croix Valley Recreation Center - Itasca Sports Marketing Contract 18. Summer Tuesdays Drive -In Event XV. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda June 2, 2020 4111wa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 19, 2020 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Council Service Award to Rob SanCartier (Traffic Safety Review Committee) Mayor Kozlowski acknowledged Rob SanCartier for three years of service on the Traffic Safety Review Committee. OPEN FORUM Roger Tomten, 718 5th Street S, asked if design standards have been considered for the proposed Highway Mixed Use district. He feels that with the combination of the annexation, PUD proposal, and land use all coming at once, it seems like the City does not have any standards against which to weigh the proposal; and Community Development Director Turnblad answered that in reviewing the development proposal, staff used the same standards that are used for the west Business Park district. The buildings in Central Commons will probably live up to a higher standard than those in the west Business Park, but there are no formal design guidelines. The other district will be Community Mixed Use, which will be basically redevelopment of the Business Park area and will have more rigorous standards. Mayor Kozlowski questioned not having design standards for one side of the highway, but having them for the other side. He would like to make sure the architectural elements are appropriate for what will be an entrance to Stillwater. If minor changes are needed, it may be easier for the developer to handle them now versus down the road. City Council Meeting May 19, 2020 Councilmember Weidner stated he is comfortable with what was presented and does not want to delay the development proposal if it meets the west Business Park standards. Councilmember Polehna remarked he trusts City staff's judgment in looking at the design. Kelli and Paul Kaufer, Smith & Trade Mercantile, Stillwater, stated they opened their business on Monday. They asked if the Council has considered a resolution to open businesses now and what are future plans to help businesses. Mayor Kozlowski replied that the Council will be discussing how to help businesses later this evening. Councilmember Junker asked the City Attorney about the legalities of going above the Governor's orders regarding the opening of businesses; and City Attorney Land answered that she is not aware of any Cities that violated the Governor's order, but she is aware of some resolutions that have been passed allowing variances, use of patios, use of parking lots etc. Frank Fabio, Maple Island Brewery expressed appreciation for the Council's support allowing businesses to operate outside. He is in favor of outside spaces being open. STAFF REPORTS Police Chief Gannaway reported that the City is still operating under Emergency Management conditions and City Hall is closed. Everyone is healthy. The Police Department is trying to figure out how to enforce violations of stay-at-home and social distancing. Fire Chief Glaser stated burning restrictions are on, but may be lifted due to the current rainfall. City Clerk Wolf informed the Council that candidate filing for Councilmember in Ward 2 and Ward 3 is open until June 2. Community Development Director Turnblad reported that the 2019 Met Council population estimate for Stillwater is 19,767. Public Works Director Sanders stated that the downtown stairs, playgrounds, Chilikoot hill and Aiple property are being opened, but Teddy Bear Park and Pioneer Park playgrounds will remain closed. MnDOT is starting a sealcoat project on Highway 95 from Stillwater to Scandia. River levels are just below the wall in north Lowell Park. City Attorney Land provided a Terra Springs easement update. Neither the original agreement between the City and Terra Springs LLC, nor a 2016 amendment included any easements recorded against the property for maintenance and access to the public trails and retaining wall on the property. Staff is preparing agreements formalizing permanent easements to the public trails on the site, the retaining wall, and the reflecting pond allowing the City to maintain those features if Terra Springs fails to do so. This will be coming to the Council in the near future. City Administrator McCarty updated the Council on legislative activity. It is expected that the bonding bill will be carried into a special session. Both the House and Senate versions of the bonding bill include funding for the Highway 36/Manning project. Also discussed will be disbursement formulas for the federal funding to local communities to be used for expenses incurred relative to COVID-19. Page 2 of 11 City Council Meeting May 19, 2020 Senator Housley expressed support for the Manning Avenue/Highway 36 project and third party tester authorization for DMV backup testing for driver's licenses, to be discussed in special session starting June 12. CONSENT AGENDA May 5, 2020 regular and recessed meeting minutes Payment of Bills Conflict Waiver Request - Central Commons Resolution 2020-045, a resolution approving the following City employees as the official designated City authority to make electronic fund transfers Financial Audit Contract for 2019 Fireworks Permit for Target Resolution 2020-046, a resolution approving Lease Agreement with Max Todo Marine Services, Inc. Sanitary Sewer Adjustments Councilmember Weidner requested that Resolution 2020-046, a resolution approving Lease Agreement with Max Todo Marine Services, Inc., be pulled from the Consent Agenda for separate discussion. He asked why the City leases riverfront land for this purpose; and Community Development Director Turnblad responded that the history of this agreement goes back to when the City kept a lot of industrial type uses. As a marine service, Max Todo has leased that area for many decades. The most recent three year lease has expired. Councilmember Weidner questioned why the City would continue to allow a commercial business to operate on City land without going out for an RFP. The City has worked hard beautifying the trail and the tenant has junk stored on shore. He sees no public purpose in allowing them to stay there. Mr. Turnblad pointed out that the lease payments are being made and a marine service on the river makes sense, but it is up to the Council what they want to do with the property. Public Works Director Sanders indicated that Max Todo's presence provides a security benefit to the City by preventing vandalism. Councilmember Weidner inquired how the City came up with $550/month and why is not it more; and Public Works Director Sanders replied that years ago the land was being leased by St. Croix Boat & Packet at around $1,100/month, and at the time MnDOT was using it. Mr. Anderson felt he should not be paying his full $1,100/month, because he did not have full use of the site. So the City agreed on $550/month and that is what the rent has been ever since. Mayor Kozlowski remarked there probably are not many other places where Max Todo could operate because he has to be able to drive heavy equipment onto a barge. If the bridge or marina needs repair, having a commercial landing makes sense for the safety of the City and for maintenance on the bridge. He asked Mr. Sanders to reach out and find out if he has alternatives. Councilmember Weidner stated he is not against Max Todo using the property for access, he wonders why does he have to store everything there. Page 3 of 11 City Council Meeting May 19, 2020 Councilmember Junker pointed out that the service has been used for situations like drownings and sunken boats. It is beneficial to have a commercial operator with a barge system. The area appears to be fairly cleaned up. Councilmember Polehna stated he is not opposed to the lease, but would be more comfortable with a one year lease. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. All in favor. Motion by Councilmember Junker, seconded by Mayor Kozlowski, to Resolution 2020-046, a resolution approving Lease Agreement with Max Todo Marine Services, Inc. Motion passed. Ayes: Councilmembers Collins, Junker, Polehna, and Mayor Kozlowski Nays: Councilmember Weidner PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS COVID-19 Update • Financial Impacts City Administrator McCarty explained a proposed resolution authorizing the City to use and transfer capital fund balance in lieu of general obligation bond borrowing to fund 2020 capital budget items. A follow-up resolution regarding the inter -fund loan will come back to the next meeting. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2020-047, resolution authorizing the use and transfer of capital fund balance not to exceed $1,250,000 in lieu of general obligation bond borrowing to fund 2020 capital budget items. All in favor. • Business Recovery Efforts Liquor License Refunds - City Clerk Wolf explained a proposal to refund on -sale liquor license fees to businesses that have been impacted by the declared local, state and national emergency related to the COVID-19 Pandemic. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve a refund of two months to all on -sale license holders. All in favor. Expansion of Footprints - City Administrator McCarty reviewed a detailed request from the Chamber of Commerce and business owners regarding the Proposed Refreshment Zone and Footprint Expansion. The primary concepts are: 1) expanding the footprint for business service by allowing businesses to have more outdoor space for service areas; 2) creating a designated consumption/refreshment zone where people can travel with a to -go cup or food from various establishments. This would require the City to allow open containers. The proposal suggested three different models for businesses to expand their footprint. Staff requests that if the Council authorizes these items, there should be a standard Page 4 of 11 City Council Meeting May 19, 2020 administratively determined by staff, and a review period. The businesses themselves should be responsible for maintaining compliance. City staff will not have the ability to be the regulator for every one of these. Brad Glynn provided background for the proposal. Business closures due to COVID-19 are expected to continue. Surveys show that 25-30% of restaurants will close due to the 8-10 week closure. The restaurants support the town by their contributions to local groups. He has contacted all the restaurant and bar owners about what could help them. Everyone wants to be safe and wants people to be comfortable coming to downtown Stillwater. Stillwater should be a model for what a creative Council can do to work with businesses within the regulations. Several ideas were discussed, including an open container area, and individual businesses being able to expand their on -premise service license, possibly into parking spaces in front of their business. Some cities use a specific beverage cup that the consumer pays $1 for, and the money gets passed along to the City for added public works, garbage, etc. Additionally, a lot of bars and restaurants now are hoping they can provide some sort of to -go food. Tony Misenor, No Neck Tony's, stated opening at 25% capacity will probably mean 10 people for him. Without the festivals in the summer all the bars and restaurants are willing to work together to make this safe, profitable and make the City look good. The three parking spaces in front of his bar would open it up to another 12 people at least. Mayor Kozlowski addressed the first request: administratively allowing businesses to use their own property, with building owner permission if they do not own the building, for outdoor service of food or alcohol. Councilmember Weidner stated he would be comfortable with that proposal. Councilmember Polehna pointed out there are bars and restaurants in areas other than downtown. The policy would have to be City-wide. Council consensus was to allow businesses owners to expand their footprint. City Attorney Land advised that if it is non -alcohol related, administrative approval is fine. If it is alcohol related they need to amend their liquor license, which requires Council approval. Councilmember Weidner questioned if the Council makes the whole downtown an open container area, could customers be served inside and then walk outside to consume the alcohol; Ms. Land replied that any on -sale liquor license is for consumption on the premises and the premises must be defined. If they are removing alcohol and walking down the street to an area that is not contiguous to their location, that is not allowed under state law. City Administrator McCarty confirmed that the Council may amend the footprint of a license holder's on -sale service area. He does not know if this can be done as a blanket approval for all license holders. Regarding allowing people to drink off -sale alcohol in Lowell Park, Councilmember Weidner again stated he would like to make the whole downtown an open container area. Mayor Kozlowski stated he envisions opening it up to just wine and beer. The idea is to help the local bars restaurants and retail. Page 5 of 11 City Council Meeting May 19, 2020 Councilmember Polehna wondered how anyone would know whether the alcohol was purchased from a local business. Mr. Glynn stated the spirit of this is to temporarily improve the chances of downtown restaurants and bars surviving in a post-COVID world. Other cities have created refreshment zones. Issuing special cups could facilitate enforcement. Councilmember Weidner pointed out that the cup idea will not work because state law regarding on -sale liquor licenses does not allow a customer to get a cocktail and walk outside with it. Having an open container area might encourage people to come downtown. Mayor Kozlowski inquired about places like Meister's that do not have outside space, would the Council allow them to amend their liquor license to serve on public property, for instance public parking adjacent to their establishment; and City Attorney Land reiterated that on -sale liquor licenses must have a compact and contiguous space. On -sale alcohol cannot be bought in one place and carried to another place to be consumed. If alcohol is allowed in parks, the City cannot control where they get it from. If outside space can be defined as part of the license -holder's space, that is allowed, but she cautioned the Council to be careful about drafting temporary use of right-of-way for a property owner that is immediately adjacent. That is potentially doable, but the problem is when a customer tries to go down the street or around the corner with alcohol. Councilmember Junker asked if the Council could designate a parking lot as a refreshment zone and authorize a certain bar or restaurant to sell alcohol there; and Ms. Land replied that they would need to be an on -sale caterer. Mayor Kozlowski requested staff to figure out what application materials need to be submitted to expand a footprint into public space adjacent to a business's property. Councilmember Weidner added that safety issues of setting up in the street need to be addressed. Mr. Misenor stated the bar owners would provide their own barriers. They want to request a longer period of time than a month for the parking spots, as they need to invest money to buy tables and chairs and make it beautiful. Councilmember Weidner expressed that he would prefer to do it month by month and see how it works. Councilmember Junker stated he would not have a problem going longer knowing that if it does not work, the Council can shut it down. On a question by Mayor Kozlowski for the Council to set certain hours; Council consensus was to allow expanded footprints until 10 p.m. to comply with the noise ordinance. Mr. Glynn remarked that those bars and restaurants that are doing curbside take-out would like to continue doing that, so additional parking spaces would be needed for the expanded footprint. The Council could set a parameter, for instance 25% of capacity allowed out on the street. Councilmember Junker commented the converted parking spaces should be a space or two from the stop sign, not right up to the corner, and would not be allowed on Main Street because that is State right-of-way. Page 6 of 11 City Council Meeting May 19, 2020 Mr. McCarty remarked there is a lot of detail to be figured out to make this plan operational. Staff will have to get site plans from all these businesses. Councilmember Weidner suggested holding an emergency Council meeting before passing a resolution, so the parameters are clear to everyone. He asked if sooner, rather than later is preferable for the Chamber. Robin Anthony, director of the Stillwater Chamber, replied yes. Regarding the restaurants on the hill, for instance Norman Quacks and Acapulco, she asked if a five foot fence is a requirement. Senator Karin Housley asked if a business that does not currently have a liquor license wants to apply for a liquor license and have Lift Bridge serve beer on their patio; or if other businesses want to apply for a liquor license and have someone come in and do that? City Clerk Wolf replied they have to apply for a liquor license through the City, need background checks, building department, health department and Council approval, and then the application goes on to the State for final approval. It usually takes 30-60 days. Motion by Councilmember Junker, seconded by Councilmember Weidner, to allow liquor consumption in Lowell Park and in parking lots 3 and 4 from 10 a.m. to 10 p.m. from May 19 to the end of June. All in favor. Mayor Kozlowski remarked this can be ruined by bad behavior. The spirit of this is to help businesses. He encouraged all bar and restaurant owners to keep areas clean and safe. Council consensus was to set a Special Council Meeting for 5 p.m. May 27 to discuss allowing the expansion of serving areas on private property, expansion of businesses onto City property contiguous to their premise (limited to three parking spaces), and still allow curbside pickup spaces. Staff agreed to look at "parkettes" similar to those that other cities are permitting. Park Reservations and Reopening Update - City Administrator McCarty reported that staff recommends that the City Council extend the current Parks Reservation cancellation (through May 31, 2020) to run coterminous with the Events Cancellation - through July 31, 2020. Mayor Kozlowski stated that the Council has no idea what the Governor will do. If an event such as Shakespeare in the Park can adhere to social distancing, he would prefer to let them hold the event. He dislikes the idea of cancelling everything if people can still maintain social distancing. Reservation holders must accept the possibility of getting bad news from the City the day of the event. Council consensus was to bring the subject of park reservations to the May 27 meeting. Regarding the downtown Parking Lots, Mr. McCarty stated there has been a request for free parking through the end of summer. The Council has authorized free parking in pay lots until June 1. Mayor Kozlowski asked if the City can charge only on the weekends; and Mr. Turnblad replied that the City can charge only on weekends with the new system. Lots 1 and 2 are used mostly on the weekends and that covers the operating budget. Page 7of11 City Council Meeting May 19, 2020 Council consensus was to have free parking in lots 1 and 2 during the weekdays and charge during the weekends. The parking ramp will be free until the end of June. NEW BUSINESS Boom Road Property Easements City Administrator McCarty stated that there are three properties located on Boom Road running north off from Fairy Falls Road within the City of Stillwater that are served by private on -site wastewater systems and private wells. The City owns property (.49 acres) directly to the northwest of the private residences that was conveyed to the City by quit claim deed in 1995. The City parcel is landlocked and there are no future plans to create access to the property or improve the property. In 1999 the property owner located at 2310 Boom Road received permission from the City Council to construct a replacement septic system on City property immediately northwest of 2310 Boom Road, due to the small lot size prohibiting location of a replacement septic system on the lot. The City did not require or issue a license or easement for private use of public property at that time. In 2019, the property owner at 2318 Boom Road was required to replace their failing septic system with a mound system, and the City made an administrative decision to allow the replacement mound system to be located on City property. Now the property owner located at 2310 Boom Road must again replace their septic system with a mound system and has a design approved by Washington County to locate the mound system on City property. The property owner located at 2302 Boom Road wants to make certain that he is afforded the same opportunity to locate a replacement septic system on City property if his septic system were to fail. Staff believes that it is in the best interests of all parties to require the property owners to sign an easement with the City of Stillwater for use of City property. A draft easement allowing placement of and access to the replacement septic systems located on City property will be brought forward for Council review at a future meeting. Council consensus was to direct staff to proceed and bring finalized easement arrangements with designated area for the location of these systems to the next meeting. Council Meeting Dates Changed City Clerk Wolf requested a motion to change two City Council meeting dates for 2020. Motion by Councilmember Polehna, seconded by Councilmember Collins, to change the July 28 City Council meeting to Tuesday, August 4 at 4:30 p.m. and 7 p.m. and to change the October 6 City Council meeting to Tuesday, September 29 at 4:30 p.m. and 7 p.m. All in favor. Neal Avenue Easement Acquisitions Public Works Director Sanders explained that for the Neal Avenue Improvement Project (Project 2019-08), easements will be needed from three properties: 8005 Neal Ave.; 8031 Neal Ave.; and 8075 Neal Ave. They include roadway easements, trail and drainage easements, and utility easements. Staff requests that the Council adopt a resolution authorizing easement acquisition. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2020-048, authorizing easement acquisitions for 2019 Neal Avenue Improvement Project (Project 2019-08). All in favor. Page 8 of 11 City Council Meeting May 19, 2020 Neal Avenue Improvement Project Bid Award Public Works Director Sanders reported that the City received seven bids with the lowest bid in the amount of $1,352,635.23 submitted by Miller Excavating Inc. of Stillwater, Minnesota. This was 15% lower than the engineer's estimate. The low bid resulted in lower assessments for the reconstruction of Neal Avenue, however the utility services costs were very close to the engineer's estimate. The City requested three appraisals in the project area. The appraisals indicate that properties along Neal Avenue met the benefit. It is recommended that the City accept the bids submitted for the Neal Avenue Improvement Project, Project 2019-08, and award the contract to Miller Excavating. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2020-049, accepting bid and awarding contract for Neal Avenue Improvement Project (Project 2019-08). All in favor. Participation in State Performance Measurement Program City Administrator McCarty reminded the Council that the City's Strategic Plan goal of Developing Organization Excellence includes an action item to participate in the State of Minnesota Performance Measurement Program. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2020-050, approving participation in Minnesota Performance Measurement System Program. All in favor. Planning Division Work Plan Community Development Director Turnblad reviewed the status of projects slated for 2020- 2021. In order to eliminate the need to sell a bond this year, it is necessary to postpone the Bergstein buildings, the Highway 95 entrance monument, restoration and repair of the sunken garden across from the Lowell Inn, improvement work on the Aiple property, and business plan/remodeling of the buildings moved onto the new bridge property. He summarized the status of projects that are occurring this year. City Administrator McCarty added that staff is working on trying to set up a strategic planning session in June. Liquor License Amendment Request for Lora/Feller City Clerk Wolf explained that Corey Burstad of Elevage Hotel Group LLC, has requested an amendment to the Lora/Feller/The Long Goodbye/MADE on -sale and including Sunday intoxicating liquor license to include the concession stand and deck located at 402 Main St S. The concession stand would allow patrons to order food and beverage from the window and walk over to the deck to consume. State Statute requires connected attachments such as patios, decks or pavilions be compact and contiguous to the main structure. At 4:15 p.m. today, staff received notice that the Minnesota Alcohol & Gambling Enforcement Division determined that the amended premise area is not compact and contiguous as required under Minnesota Statute. The hotel liquor license does not appear to legally cover that area, since the concession stand and deck is not right next to the hotel. Mayor Kozlowski commented that property has always operated as one business. Page 9 of 11 City Council Meeting May 19, 2020 City Attorney Land explained the problem is that the only way to go from the concession stand to the patio is across public (MnDOT) right-of-way. MnDOT would not grant permission to get from point A to point B over their right-of-way. There has to be a contiguous connection of property. Ms. Wolf stated that one option is the hotel could apply for an additional liquor license for the concession stand and deck area. Ms. Land added that the new liquor license application could be expedited if the applicant gets their paperwork done. Councilmember Weidner stated it is horrible that staff did not take the time to contact the applicant and inform him there is a completely new issue. Mr. McCarty stated he understood that the property owner had a revised lease agreement with MnDOT giving them specific access points across their property. He does not know if that makes any difference in this situation. Ms. Wolf explained that the lower hotel has an on -sale intoxicating liquor license, which costs about $2,800/year. She has seen a proposal from the health department, but not directly from the applicant, that he wants to serve just beer from the concession stand. He could get a wine and beer license which is a lot cheaper than the on -sale license. She will talk with him tomorrow. Councilmember Weidner stated he just texted the applicant and told him to get on the meeting. Motion by Mayor Kozlowski, seconded by Councilmember Junker, to adopt Resolution 2020- 051, resolution approving the addition of additional premises acquired by Elevage Hotel Group LLC DBA Lora/Feller/The Long Goodbye/MADE and to waive the liquor license fee if they have to apply for a second license. All in favor. Councilmember Weidner noted that Mr. Burstad is now on the meeting. He explained the situation to Mr. Burstad. Mayor Kozlowski stated the Council will try to get this done as fast as possible and he will hear from Mr. McCarty and Ms. Wolf tomorrow. Graduation Parade Councilmember Polehna stated he was approached by the school district about having a parade for the high school graduates starting at the high school parking lot and going through Stillwater, Bayport, and Oak Park Heights. The Council endorsed the idea of a parade. COUNCIL REQUEST ITEMS There were no Council request items. Page 10 of 11 City Council Meeting May 19, 2020 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 10:11 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2020-045, a resolution approving the following City employees as the official designated City authority to make electronic fund transfers Resolution 2020-046, a resolution approving Lease Agreement with Max Todo Marine Services, Inc. Resolution 2020-047, resolution authorizing the use and transfer of capital fund balance not to exceed $1,250,000 in lieu of general obligation bond borrowing to fund 2020 capital budget items Resolution 2020-048, authorizing easement acquisitions for 2019 Neal Avenue Improvement Project (Project 2019-08) Resolution 2020-049, accepting bid and awarding contract for Neal Avenue Improvement Project (Project 2019-08) Resolution 2020-050, approving participation in Minnesota Performance Measurement System Program Resolution 2020-051, resolution approving the addition of additional premises acquired by Elevage Hotel Group LLC DBA Lora/Feller/The Long Goodbye/MADE Page 11 of 11 Page 1 CITY OF STILLWATER LIST OF BILLS Action Rental Inc. Advance Auto Parts Astleford International AutoNation Brock White Co. LLC Cintas Corporation City of St. Paul City Wide Maint of MN Clarke Carlee Cole Papers Comcast Core & Main Dakota County Technical College Dalco Davis Equipment Corp ECM Publishers Emergency Automotive Environmental Equipment & Services Field Training Solutions Fixmer Don Freds Tire Company Frontier Ag & Turf Fury Motors Gateway Cycle Gertens Wholesale Grainger Green Cindy Group Medicareblue RX Guardian Supply Haussner Plumbing LLC Heritage Printing Inc. Hildi Inc International Code Council KOMA Mansfield Oil Company McDaniel Law & Policy McGinley Elizabeth Menards Metropolitan Mechanical Contractors MidAmerica Inc Miller Excavating Office Depot Operatunity Theatre/Rouge Legacy Performance Plus LLC Primary Products Co. Concrete & trailer rental Equipment repair supplies Filters Equipment repair supplies Pond maint supplies Uniforms & mat cleaning Asphalt Commercial cleaning services Park Fee Refund Supplies - COVID 19 Internet Storm sewer repair supplies Training Janitorial supplies Equipment repair supplies Publications Vehicle repair charges Equipment repair supplies Training Reimburse for supplies Tire tubes Equipment repair supplies Vehicle repair Bicycle tune ups Flowers Tissue dispenser Park Fee Refund Retiree Prescriptions Ins Uniforms Equipment repair supplies COVID playground & trail posters Actuarial valuation Code Remodel design Fuel Professional Government Relations Services Refund of over payment Supplies Maintenance Pre -demo hazardous materials inspection Street sweepings Office supplies Refund due to cancellation Drug Screen COVID supplies 200.00 503.57 124.92 464.20 877.02 403.15 408.16 3,804.70 100.00 32.17 134.90 564.97 800.00 1,710.04 601.30 71.25 360.00 941.47 590.00 23.52 29.90 111.74 89.76 239.97 2,384.40 408.70 50.00 2,242.50 98.97 418.00 525.00 6,550.00 607.20 2,080.45 3,480.35 6,250.00 3.33 2,461.21 2,668.30 3,240.00 22.00 70.85 50.00 316.00 1,685.00 Quadient Leasing Run Stillwater Inc Safe Fast Inc Shilts Cindy SiteOne Landscape Supply SRF Consulting St. Croix Boat and Packet Co. St. Croix Marine and Power Stillwater Collision Stillwater Medical Group Streichers T.A. Schifsky and Sons Total Parking Solutions Inc. Tri-State Bobcat Truck Utilities Inc. Vukelich Mary Washington County Property Records Water Works Plumbing & Heating LLC Xcel Energy Zee Medical Service REC CENTER Comcast Lindstrom Solar LLC Menards Sentry Systems Inc. St. Croix Boat and Packet Co. LIBRARY Brodart Co Cintas Corporation Country Messenger Demco Inc. Ebsco Publishing Krefting Wayne Menards Office of MN IT Services Otis Elevator Company Quill Corporation Snake Discovery LLC Uline Inc Mail Machine Lease Refund due to cancellation Marking tape Reimburse for car cleaning gratuity Park facility supplies ADA Transition Dock Space Lease 2020 Tracker SX800 Crew ATV Refinish & paint Medical fees Ammo Asphalt Receipt paper Equipment repair supplies Springs Park Fee Refund TIF Admin Fees Lowell south bathroom repairs Energy First aid supplies TV Internet & Voice Solar Energy Supplies Alarm monitoring Manager Materials Towels & Rugs Materials Processing Supplies Materials Programs Janitorial Supplies Phone Maint Contract Supplies Programs Programs Page 2 455.01 100.00 93.60 60.00 457.33 829.48 2,666.67 14,285.55 651.47 143.35 554.00 3,814.31 355.00 326.00 38.52 135.00 14,243.00 291.00 16,041.79 250.10 447.02 6,894.82 29.99 140.85 12,298.98 2,847.12 63.84 26.00 78.14 170.81 175.00 168.29 143.70 579.42 39.99 180.00 189.61 Stiliwater Administration Date: May 29, 2020 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Water Board Re -Appointment Steve Speedling's term on the Water Board will expire on June 30, 2020. Staff published the opening, no applications were received. Robert Benson, Manager of the Water Board has indicated the Board of Water Commissioners would like to recommend reappointing Mr. Speedling for another term. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion to approve the reappointment of Steve Speedling to the Water Board for another term. StIllr Administration TO: Mayor & Council FROM: Beth Wolf, City Clerk SUBJECT: St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement DATE: May 19, 2020 The annual management agreement for the Recreation Center and Lily Lake Arena is past due 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 of $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 sustaining the needs of the various groups. 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 approving the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc. ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this 2nd day of June, 2020 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 the Lily Lake Ice Arena, 1208 Greeley Street S and the St. Croix Valley 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 1.01 Commencing January 1, 2020 and continuing until December 31, 2020, 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. 1. 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• 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, 2019 and ending December 31, 2019. 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, 2019. 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 8.01 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 9.01 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 13.01 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 14.01 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 16.01 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 17.01 The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law 18.01 The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability 19.01 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 22.01 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 Ted Kozlowski, Mayor Beth Wolf, City Clerk STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this day of , 2020, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Beth Wolf, 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. Notary Public ST. CROIX CATERERS, INC. Richard Anderson, President STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this day of , 2020, 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 MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application 6/15 Page 1 of 2 Annual Fee $150 (NON-REFUNDABLE) REQUIRED ATTACHMENTS TO LG214 1. If the premises is leased, attach a copy of your lease. Use LG215 Mail the application and required attachments to: Lease for Lawful Gambling Activity. Minnesota Gambling Control Board 2. $150 annual premises permit fee, for each permit (non-refundable). 1711 West County Road B, Suite 300 South Make check payable to "State of Minnesota." Roseville, MN 55113 Questions? Call 651-539-1900 and ask for Licensing. ORGANIZATION INFORMATION Organization Chief Executive Gambling Name: Officer Manager: STILLWATER AREA HOCKEY ASSOCIATION License Number: Daytime Phone: Daytime Phone: 03375 (CEO) ALIYA TIM MCGLYNN 651-785-4372 J. TAUBE 651-246-4641 GAMBLING PREMISES INFORMATION Current name of site where List any previous names for gambling will be conducted: NO NECK TONY'S this location: Street address where premises is located: 231 MYRTLE STREET EAST (Do not use a P.O. box number or mailing address.) City: OR Township: STILLWATER County: Zip Code: WASHINGTON 55082 Does A lease Is any Note: zation Has your your organization Yes not required organization bingo can another permitted organization own the building where the gambling will be If no, attach LG215 Lease for Lawful only a raffle will be conducted. conducting gambling at this site? be conducted at a site where another form organization. Electronic games can only conducted gambling at this site? conducted? Gambling Activity. 11JNo gambling Yes is being a site where Don't know by the applying organi- paper pull -tabs are played. Don't know EIINO is other Bar or if only previously EJYes of lawful be conducted at conducted 111No GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA Bank Name: Bank Street LAKE ELMO BANK Bank Account Number: ELMO Address: 11465 39TH ST N City: LAKE State: MN Zip Code: 55042 ALL TEMPORARY AND PERMANENT OFF -SITE STORAGE SPACES Address (Do not use a P.O. box number): City: State: Zip Code: 3394 LAKE ELMO AVENUE N LAKE ELMO MN 55042 MN MN ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: APPROVAL BY RESOLUTION CITY APPROVAL for a gambling premises located within city limits STILLWATER COUNTY APPROVAL for a gambling premises located in a township County Name: City Name: Date Approved by County Board: Date Approved by City Council: Resolution Number: Resolution Number: (If none, attach meeting minutes.) Signature of City Personnel: (If none, attach meeting minutes.) Signature of County Personnel: Title: Date Signed: Title: Date Signed: TOWNSHIP NAME: Local unit of government must Sign. Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: ACKNOWLEDGMENT AND OATH 1. I hereby consent that local law enforcement officers, 6. I assume full responsibility for the fair and lawful operation of the Board or its agents, and the commissioners of all activities to be conducted. revenue or public safety and their agents may enter and inspect the premises. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, 2. The Board and its agents, and the commissioners of to abide by those laws and rules, including amendments to revenue and public safety and their agents, are them. authorized to inspect the bank records of the gambling 8 Any changes in application information will be submitted to the account whenever necessary to fulfill requirements of current gambling rules and law. Board no later than ten days after the change has taken effect. 3. I have read this application and all information g, I understand that failure toprovide required information or submitted to the Board is true, accurate, and complete. q providing false or misleading information may result in the 4. All required information has been fully disclosed. denial or revocation of the license. 5. I am the chief executive officer of the organization. 10. I understand the fee is non-refundable regardless of license approval/denial. ems' C.- / ���e/c 10 Signature of Chief Executive Officer • esign L may not sign) Date Data privacy notice: The information request-..n this information when received by the Board. Minnesota's Department of Public Safety, form (and any attachments) will be used by the All other information provided will be Attorney General, Commissioners of Gambling Control Board (Board) to determine your private data about your organization until Administration, Minnesota Management & organization's qualifications to be involved in lawful the Board issues the permit. When the Budget, and Revenue; Legislative Auditor, gambling activities in Minnesota. Your organization has Board issues the permit, all information national and international gambling the right to refuse to supply the information; however, provided will become public. If the Board regulatory agencies; anyone pursuant to if your organization refuses to supply this information, does not issue a permit, all information court order; other individuals and agencies the Board may not be able to determine your provided remains private, with the specifically authorized by state or federal law organization's qualifications and, as a consequence, exception of your organization's name and to have access to the Information; Individuals may refuse to issue a permit. If your organization address which will remain public. Private and agencies for which law or legal order supplies the information requested, the Board will be data about your organization are available authorizes a new use or sharing of able to process your organization's application. Your to: Board members, Board staff whose information after this notice was given; and organization's name and address will be public work requires access to the information; anyone with your written consent. This form will be made available in altemative format, i.e. large print, braille, upon request. . u.�.�"rv. r. u,11.•. vim. .uu.w 6/15 Page 1 of 2 IVI LEASE INFORMATION Organization: License/Site Number: Daytime Phone: Stillwater Area Hockey Association 03375 651-246-4641 Address: City: State: Zip: 1675 Market Drive, Suite B Stillwater MN 55082 Name of Leased Premises: Street Address: No Neck Tony's 231 Myrtle Street E City: State: Zip: Daytime Phone: Stillwater MN 55082 651-342-1261 Name of Legal Owner: Business/Street Address: TJ Stillwater LLC 312 County Road 5 City: State: Zip: Daytime Phone: Stillwater MN 55082 651-497-1697 Name of Lessor (if same as legal owner, write "SAME"): Address: TJ Stillwater LLC 312 County Road 5 City: State: Zip: Daytime Phone: Stillwater MN 55082 651-497-1697 Check applicable item: ,/ New or amended lease. Effective date: July 1, 2020 . Submit changes at least ten days before the effective date of the change. New owner. Effective date: . Submit new lease within ten days after new lessor assumes ownership. CHECK ALL ACTIVITY THAT WILL BE CONDUCTED (no lease required for raffles) ./ Pull -Tabs (paper) V Electronic Pull -Tabs Pull -Tabs (paper) with dispensing device . Electronic Linked Bingo Bar Bingo v Bingo Electronic games may only be conducted: licensed for intoxicating liquor H 1. at a premises the on -sale of Tipboards or the on -sale of 3.2% malt beverages; or 2. at a premises where bingo is conducted as the primary Paddlewheel Paddlewheel with table business and has a seating capacity of at least 100. PULL -TAB, TIPBOARD, AND PADDLEWHEEL RENT (separate rent for booth and bar ops) BOOTH OPERATION: Some or all sales of gambling equipment are conducted by an employee/volunteer of a licensed organization at the leased premises. ALL GAMES, including electronic games: Monthly rent to be paid: 10 %, not to exceed 10% of gross profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPERATION: All sales of gambling equipment conducted by the lessor or lessor's employee. ELECTRONIC GAMES: Monthly rent to be paid: 15 %, not to exceed 15% of the gross profits for that month from electronic pull -tab games and electronic linked bingo games. ALL OTHER GAMES: Monthly rent to be paid: 0 %, not to exceed 20% of gross profits from all other forms of lawful gambling. • If any booth sales conducted by a licensed organization at the premises, rent may not exceed 10% of gross profits for that month and is subject to booth operation $1,750 cap. BINGO RENT (for leased premises where bingo is the primary business conducted, such as bingo hall) Bingo rent is limited to one of the following: • Rent to be paid: 0 %, not to exceed 10% of the monthly profit from all lawful gambling activities held during bingo gross occasions, excluding bar bingo. - OR - • Rate to be paid: $ 0 per square foot, not to exceed 110% of a comparable cost foot for leased space, as per square approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. Rent may not be paid for bar bingo. Bar bingo does not include bingo games linked to other permitted premises. LEASE TERMINATION CLAUSE (must be completed) The lease may be terminated by either party with a written 30 day notice. Other terms: LG215 Lease for Lawful Gambling Activity 6/15 Page 2 of 2 Lease Term: The term of this agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management: The owner of the premises or the lessor will not manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited: The lessor will not par- ticipate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not partici- pate as players in the conduct of lawful gambling on the premis- es, except as authorized by Minnesota Statutes, Section 349.181. Illegal Gambling: The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organiza- tion is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes, Section 349.18, Subd. 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, Section 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H, or Minnesota Statutes, Section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or to the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. Other Prohibitions: The lessor will not impose restrictions on the organization with respect to providers (distributor or linked bingo game provider) of gambling -related equipment and ser- vices or in the use of net profits for lawful purposes. The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pend- ing a final determination by the Compliance Review Group (CRG) of the Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to Permitted Premises: Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. Lessor Records: The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent AII-Inclusive: Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organi- zation, including but not limited to: - trash removal - electricity, heat - snow removal - storage - janitorial and cleaning services - other utilities or services - lawn services - security, security monitoring - cost of any communication network or service required to conduct electronic pull -tabs games or electronic bingo - in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Board. Rent payments may not be made to an individual. ACKNOWLEDGMENT OF LEASE TERMS I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease: Signature of Lessor: zturi Pri Name and itl of Lessor: Jessica J Junker Co -Owner Date: 5/28/2020 Questions? Contact the Licensing Section, Gambling Control Board, at 651-539-1900. This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Signature of Organization Official Print Name and Title of Lessee r l <rha 7 7,//2C /74 1 Mail or fax lease to: Minnesota Gambling Control Board 1711 W. County Road B, Suite 300 South Roseville, MN 55113 Fax: 651-639-4032 Date: ri 1 1wa!!f Administration TO: Mayor & City Council FROM: Tom McCarty, City Administrator DATE: May 29, 2020 SUBJECT: Boom Road Property Easements BACKGROUND INFORMATION: The City owns property directly to the northwest of three private residences located on Boom Road (2318, 2310 & 2302)north off from Fairy Falls Road that are served by private on -site wastewater systems and private wells. Over the past 20+ years, the City Council and city staff have allowed the Boom Road property owners to locate replacement septic systems on city property, though there had not been any licenses or easements issued by the City for use of city property by the Boom Road property owners. Boom Road property owners need to once again replace failing septic systems and would like to use city property. Upon review of this matter at the May 19, 2020 City Council meeting, the Council directed staff and City Attorney to prepare easements for allowing Boom Road property owners placement of and access to the replacement septic systems located on City property. The City contacted a septic system designer to prepare a site plan showing the locations of the current and proposed replacement septic systems on the City property and easements contain legal descriptions of the septic systems — see attached map. PROPOSED ACTION: Staff recommends that the City Council approve the attached easements for the properties located at 2318 Boom Road, 2310 Boom Road and 2302 Boom Road, that allows use of City property for located and maintenance of replacement septic systems for those properties. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us PIN 2103020110005 - City of Stillwater Slte # 1 - 2302 Boom Rd MOUND Digout down to Elev. - 106.6' Rockbed Elev. w/ Washed Mound Height 36" - 109.9' Laterals - 110.7' Crown of Mound - 112.3' MOUND DIMENSIONS Rockbed - 10' x 45' Absorption Bed - 20' x 55' Total Mound - 38.8 x 73.8' . SB2 1092' • NOTES FOR SITE # 1: 1 Access to the site must be discussed with property owners & City of Stillwater. 2. Some trees will need to be cleared prior to construction. 3. Existing tanks must be certified for reuse. 4. Digout to elevation of 106.6' before building mound with 36" of washed sand. 5. Over -excavate area to keep natural grade separate from new mound. 6. Regrade North and West hillside for drainage around system to avoid run-off washing out mound. 7 The area to the East must be protected during construction for future SSTS Site #2. THIS IS ONLY ASITE PLAN ALL SEFrIC LOCATIONS AND MEASUREMENTS ARE ONLY ESTIMATES AS -BUILT WILL NEED TO BE PROVIDED BY INSTALLER AFTER CONSTRUCTION • • H4 ♦\ O� ♦ r 326 0 Slte # 2 - 2310 Boom Rd MOUND Digout down to Elev. - 1055' Rockbed Elev. w/ Washed Mound Height 36" • 108.5' Laterals - 109.3' Crown of Mound - 110.8' MOUND DIMENSIONS Rockbed - 10' x 30' Absorption Bed -20' x 4Q' Total Mound - 38.8' x 58.8' 1:250 10 20 40 ft i 3.5 7 14 m NOTES FOR SITE # 2: 1 Access to the site must be discussed with property owners & City of Stillwater. 2 Some trees will need to be cleared prior to construclion- 3 Existing tanks must be certified for reuse. 4 Digout to elevation of 105.5' before building mound with 36" of washed sand. Build up NE corner to 105.5' w/ mound sand 5 Over -excavate area to keep natural grade separate from new mound. 6 Regrade North and West hillside for drainage around system to avoid run-off washing out mound, 7 The area to the West must be protected during construction for future SSTS Site #1. KSD Kloeppner Service!. & DFstgns LLC Lic # 4043 LEGEND: W = Well SB = Soil Boring SP = Soil Pit 01,6i= Benchmark NORTH Approved by: Jesse Kloeppner Date - 5/19/20 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification PERMANENT SEPTIC SYSTEM EASEMENT THIS PERMANENT SEPTIC SYSTEM EASEMENT ("Easement") is made, granted and conveyed this day of , 2020, ("Effective Date") by and between the City of Stillwater, a Minnesota municipal corporation ("City") and William C. Messner and Judith T. Messner, husband and wife ("Messner"). PROPERTY DESCRIPTION The City owns real property in Washington County, Minnesota, legally described as follows: All that part of Gov. Lot 1, Section 21, Township 30, Range 20 W described as follows: Beginning on the North line thereof three hundred twenty and two tenths (320.2) feet West of West line of Boom Road, Thence South 55° 52' East one hundred forty-four (144) feet, Thence Southerly parallel with and one hundred fifty (150) feet distant Northwesterly from Westerly line of Boom Road one hundred fifty (150) feet to Pest House Road, Thence North 29° 38' West two hundred thirty-eight and thirty-five hundreds (238.35) feet along Northerly line of Pest House Road to North line of Gov. Lot 1 thence East along North line of Gov. Lot 1 to point of beginning PID : 21.03 0.20.11.0005 Abstract Property (the "City's Property"). PERMANENT EASEMENT DESCRIPTION The City in consideration of the sum of One Dollar and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to Messner, their successors and assigns, forever the following: A permanent easement for septic system and related improvements and all such purposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit A and depicted on Exhibit B as Site 3, (the "Permanent Easement Area") attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights Messner also include the right of Messner, their contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any septic system related improvements made by Messner, together with the right to excavate and refill ditches or trenches for the location of such septic system related improvements; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the septic system related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as Messner may deem appropriate. City finds that the use of the City's Property for the purposes in this Permanent Easement does not conflict with and is subservient to the use of the City's Property as parks and open space. Following any construction, reconstruction, inspection, repair, replacement, grading, and sloping activities, Messner agrees to restore the City's Property using native plantings as approved by the City. Messner shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the City's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Messner or their successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The City, for itself and its successors and assigns, does hereby warrant to and covenant with Messner, their successors and assigns, that it is well seized in fee of City's Property described above, the Permanent Easement Area described on Exhibit A and depicted on Exhibit B as Site 3 and has good right to grant and convey the Permanent Easement herein to Messner. 2 This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [Remainder of this page has been intentionally left blank] 3 IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year aforesaid by their duly authorized representatives. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2020, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 4 MESSNER: By: William C. Messner By: Judith T. Messner STATE OF MINNESOTA ) COUNTY OF ) SS. The foregoing instrument was acknowledged before me on this day of , 2020, by William C. Messner and Judith T. Messner, husband and wife. This instrument drafted by and after recording, please return to: Korine L. Land (#262432) Stillwater City Attorney LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 Notary Public 5 EXHIBIT A LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A permanent easement for septic system and related improvements over and under and across the North 60 feet of the East 40 feet of that part of the following described property: All that part of Gov. Lot 1, Section 21, Township 30, Range 20 W described as follows: Beginning on the North line thereof three hundred twenty and two tenths (320.2) feet West of West line of Boom Road, Thence South 55° 52' East one hundred forty-four (144) feet, Thence Southerly parallel with and one hundred fifty (150) feet distant Northwesterly from Westerly line of Boom Road one hundred fifty (150) feet to Pest House Road, Thence North 29° 38' West two hundred thirty-eight and thirty-five hundreds (238.35) feet along Northerly line of Pest House Road to North line of Gov. Lot 1 thence East along North line of Gov. Lot 1 to point of beginning. A-1 EXHIBIT B DEPICTION OF PERMANENT EASEMENT AREA PIN 2103020110005 - City of Stillwater She A 1 - 2302 Soon Rd MOUND D0gon domm to Bev • 1o6 Rocketed Elev. we Washed Mound Heght 36• - 100.9• Latwala - 110.7' Crown of Mound - 1123' MOUND DIMENSIONS Rockbed - 10• k 45 Absorption Bed - 20' x 55' Total M0un4.35.5 x 73-8• l NOTES FOR SITE d 1. 1. Access to the site must be dUrussed with property owners& City of Slilhkeler. 2. Some trees will need to be cleared prior to construction. S. EoiS0ng tanks must be Certified for reuse. 4. Nate to elevation of 106.6 balore building mound vn0156- of washed sand 5. Over.escavate area to keep natural grade sepa.ote hum new mound. 6. Regrade North and NNst hillside for drainage around system to avoid run-off washng out mound- 7. The area to the East nest be protected during construction for future SSTS She 42 NOTES FOR SITE tin 2 1. Access to the site must be docussed with property ewners& City of Sulhater. 2. Some Trees wee need to ba cleared pror to construction. 3. Existing tanks must be certified for reuse- 4. Oigaut to elevation d 105.5 before building mound vndn 35• of pushed sand. Build up NE corner to 105-5W mound sand 5. Over.exca.rate area to keep natural grade separate tram newmbund. 5 Regrade North and West hilL.de for drainage around system to avoid run•onwashng out mound 7. The area to the West must be protected during construction forfuture SSTS Site E1- 0 0 0 ALL $IPTICLXAT- A.E QM_ +ESTE:• io BF rann[m ev W M,.I Ea AFTER 26 Site ill - 2310 Boom Rd MOUND Ogout dawn to Elev. • 105.5 Rockbed Elay.0 Was1l0d Mound Height Se" - 106.5 Laterals -100 3' Crown of Mound-110.6• MOUND DIMENSIONS Rocketed - 10' x 30' Absorption Bed -27x 40' Total Mound - 36.5 x 58.5• 1:250 10 20 • ' L t 3-5 7 40ft r 1 , 14m KSD 1ftoeppner Services& Designs, LLC Lk N 4043 EGENn W= Well Fri =Ail Psxiu, sv=Sal Pik = ee„mmanr T NORTH PPProued try: Jesse KoeFpo- Dale - 5J19)20 Disclaimer. Map end parcel data are believed Eo be accurate. but aCCura4]r o rid guaranteed. This is not a legal doCLrment and should not be substituted for a the searoh,appraisel• survey, IN for zoning unificaboh B-1 PERMANENT SEPTIC SYSTEM EASEMENT THIS PERMANENT SEPTIC SYSTEM EASEMENT ("Easement") is made, granted and conveyed this day of , 2020, ("Effective Date") by and between the City of Stillwater, a Minnesota municipal corporation ("City") and Marlys D. Gould, a single person ("Gould"). PROPERTY DESCRIPTION The City owns real property in Washington County, Minnesota, legally described as follows: All that part of Gov. Lot 1, Section 21, Township 30, Range 20 W described as follows: Beginning on the North line thereof three hundred twenty and two tenths (320.2) feet West of West line of Boom Road, Thence South 55° 52' East one hundred forty-four (144) feet, Thence Southerly parallel with and one hundred fifty (150) feet distant Northwesterly from Westerly line of Boom Road one hundred fifty (150) feet to Pest House Road, Thence North 29° 38' West two hundred thirty-eight and thirty-five hundreds (238.35) feet along Northerly line of Pest House Road to North line of Gov. Lot 1 thence East along North line of Gov. Lot 1 to point of beginning. PID : 21.03 0.20.11.0005 Abstract Property (the "City's Property"). PERMANENT EASEMENT DESCRIPTION The City in consideration of the sum of One Dollar and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to Gould, her successors and assigns, forever the following: A permanent easement for septic system and related improvements and all such purposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit A and depicted on Exhibit B as Site 2, (the "Permanent Easement Area") attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights Gould also include the right of Gould, her contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any septic system related improvements made by Gould, together with the right to excavate and refill ditches or trenches for the location of such septic system related improvements; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the septic system related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as Gould may deem appropriate. City finds that the use of the City's Property for the purposes in this Permanent Easement does not conflict with and is subservient to the use of the City's Property as parks and open space. Following any construction, reconstruction, inspection, repair, replacement, grading, and sloping activities, Gould agrees to restore the City's Property using native plantings as approved by the City. Gould shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the City's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Gould or her successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The City, for itself and its successors and assigns, does hereby warrant to and covenant with Gould, her successors and assigns, that it is well seized in fee of City's Property described above, the Permanent Easement Area described on Exhibit A and depicted on Exhibit B as Site 2 and has good right to grant and convey the Permanent Easement herein to Gould. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. 2 This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [Remainder of this page has been intentionally left blank] 3 IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year aforesaid by their duly authorized representatives. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2020, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 4 GOULD: By: Marlys D. Gould STATE OF MINNESOTA ) COUNTY OF ) ss. The foregoing instrument was acknowledged before me on this day of , 2020, by Marlys D. Gould, a single person. This instrument drafted by and after recording, please return to: Korine L. Land (#262432) Stillwater City Attorney LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 Notary Public 5 EXHIBIT A LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A permanent easement for septic system and related improvements over and under and across the North 65 feet of the West 55 feet of the East 95 feet and the South 20 feet of the South 70 feet of that part of the following described property: All that part of Gov. Lot 1, Section 21, Township 30, Range 20 W described as follows: Beginning on the North line thereof three hundred twenty and two tenths (320.2) feet West of West line of Boom Road, Thence South 55° 52' East one hundred forty-four (144) feet, Thence Southerly parallel with and one hundred fifty (150) feet distant Northwesterly from Westerly line of Boom Road one hundred fifty (150) feet to Pest House Road, Thence North 29° 38' West two hundred thirty-eight and thirty-five hundreds (238.35) feet along Northerly line of Pest House Road to North line of Gov. Lot 1 thence East along North line of Gov. Lot 1 to point of beginning A-1 EXHIBIT B DEPICTION OF PERMANENT EASEMENT AREA PIN 2103020110005 - City of Stillwater NOTES FOR SITE # 2. 1- Access h1 the sde must be dpSeussed Tmlh property owners & City of 51,I1vr�Eeo. 2- Some trees will need to be cleared prior to construction. S. Basting tanks 00101 be centred for reuse 4- Digout to sIsvaton of 105.5 before bulk1Mg mound with 36' of washed sand. Build up NE comer to 105.5' wJ mound sand 5- Over-exca+ale area to keep rralural grade separate from new mound 5 Regrade North and West hillside for drainage around system to avoid run -of „aching out mound. 7- The area to the West must be protected during construction for fulure SSTS Srte 01. NL 9EPT,S LUCA-m.5.1.0 C0.STPJCTrrl meE rFmvirsn Pi' INST.!.re AFTErt P btyh ♦ h' GCVO • ♦ •, Ss13q , \ •I } • l steal-xi111Boom Rd Mound °gout claw to Ele+ . 105 3 Rockbod Elev. vd WoShed Hound Height SIP' - 108.5 Laterals . 109.3' Crone of Mound - 110.5'' MOUND DIMENSIONS Rockbed - 1 ❑ k 30• Absorption Bed •20' x dV Total Hound - 3&S >< 56 S 1:250 D 10 20 dfl ri ti r 0 3.5 7 14 m KS❑ oJ00004er Services $ Desiuns LLC LIE 4013 LEGEND' W=Well S9 = son ercny SP =SoI Rr s=S&,enn.k t NORTH appnrved by: Jesse woeppner Date • 5/13a0 Disclaimer Map and parcel data are believed to be accurate. bpi accuracy is not guaranteed This is not a legal document and should not be substituted kw a title search appraisal. survey, or for zoning verifralion- B-1 PERMANENT SEPTIC SYSTEM EASEMENT THIS PERMANENT SEPTIC SYSTEM EASEMENT ("Easement") is made, granted and conveyed this day of , 2020, ("Effective Date") by and between the City of Stillwater, a Minnesota municipal corporation ("City") and Bradley K. Kress and Susan J. Kress, husband and wife ("Kress"). PROPERTY DESCRIPTION The City owns real property in Washington County, Minnesota, legally described as follows: All that part of Gov. Lot 1, Section 21, Township 30, Range 20 W described as follows: Beginning on the North line thereof three hundred twenty and two tenths (320.2) feet West of West line of Boom Road, Thence South 55° 52' East one hundred forty-four (144) feet, Thence Southerly parallel with and one hundred fifty (150) feet distant Northwesterly from Westerly line of Boom Road one hundred fifty (150) feet to Pest House Road, Thence North 29° 38' West two hundred thirty-eight and thirty-five hundreds (238.35) feet along Northerly line of Pest House Road to North line of Gov. Lot 1 thence East along North line of Gov. Lot 1 to point of beginning PID : 21.03 0.20.11.0005 Abstract Property (the "City's Property"). PERMANENT EASEMENT DESCRIPTION The City in consideration of the sum of One Dollar and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to Kress, their successors and assigns, forever the following: A permanent easement for septic system and related improvements and all such purposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit A and depicted on Exhibit B as Site 1, (the "Permanent Easement Area") attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights Kress also include the right of Kress, their contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any septic system related improvements made by Kress, together with the right to excavate and refill ditches or trenches for the location of such septic system related improvements; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the septic system related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as Kress may deem appropriate. City finds that the use of the City's Property for the purposes in this Permanent Easement does not conflict with and is subservient to the use of the City's Property as parks and open space. Following any construction, reconstruction, inspection, repair, replacement, grading, and sloping activities, Kress agrees to restore the City's Property using native plantings as approved by the City. Kress shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the City's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Kress or their successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The City, for itself and its successors and assigns, does hereby warrant to and covenant with Kress, their successors and assigns, that it is well seized in fee of City's Property described above, the Permanent Easement Area described on Exhibit A and depicted on Exhibit B as Site 1 and has good right to grant and convey the Permanent Easement herein to Kress. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. 2 This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [Remainder of this page has been intentionally left blank] 3 IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year aforesaid by their duly authorized representatives. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2020, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 4 KRESS: By: Bradley K. Kress By: Susan J. Kress STATE OF MINNESOTA ) COUNTY OF ) SS. The foregoing instrument was acknowledged before me on this day of , 2020, by Bradley K. Kress and Susan J. Kress, husband and wife. This instrument drafted by and after recording, please return to: Korine L. Land (#262432) Stillwater City Attorney LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 Notary Public 5 EXHIBIT A LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A permanent easement for septic system and related improvements over and under and across the West 45 feet of the East 70 feet of that part of the following described property: All that part of Gov. Lot 1, Section 21, Township 30, Range 20 W described as follows: Beginning on the North line thereof three hundred twenty and two tenths (320.2) feet West of West line of Boom Road, Thence South 55° 52' East one hundred forty-four (144) feet, Thence Southerly parallel with and one hundred fifty (150) feet distant Northwesterly from Westerly line of Boom Road one hundred fifty (150) feet to Pest House Road, Thence North 29° 38' West two hundred thirty-eight and thirty-five hundreds (238.35) feet along Northerly line of Pest House Road to North line of Gov. Lot 1 thence East along North line of Gov. Lot 1 to point of beginning A-1 EXHIBIT B DEPICTION OF PERMANENT EASEMENT AREA PIN 2103020110005 - City of Stillwater Sits 01 -2802 Boom Rd MOUND Bigout claw to Elev. -'weer Rockbed Elev. s Washed Mound Height St"-109-9' lateral. 11p.T Gown of Mond - 112.8' RUND DIMENSIONS -10'x 45' W Ab5Orpticn Bed - Se' 5-5' Total Mound - 3x 73-8' NOTES FOR SITE U 1 1 Access to the tits must be dscus5ed WAh property Owner58 City si Stawater- 2. Some trees will need to be dearad prior to construction. 3 Existing tanks must be berdlied Ipr reuse. d Digout Io elerahWn el 106.8 before buadmg mound with 3er of washed sand. 5 Over -excavate area to keep natural grade seperale from new rnorlad- 5 Regrade North and West hillside for drainage around system to avoid run-off washing Out mcund- 7. The area to the East must be protected during construction for future SSTS Sits 1f2 ALL SEOTF LOC.,*.S.wrpNEELF.4 WELF]r.S HLE VLV ESrv,uttES co imucrio p.off r= rro.am SY N6iKLEa.A 26 1.250 0 10 20 40 fi ti r r. t I r r r I 0 3.5 7 14 m KSI) JUosooner Services G Batons �ll' Lic n ocwa LEOEND- W=N2II Sa .Sea Park SC=So. Pr !S . Benehrnark NORTH Varanasi 55 JOSS* lfloeppncr Date - 5/19)20 Dsde:ner: Map and parcel data are believed to be accurale, but accuracy s rid guaranleed. This s not a legal dpcument and shcald not be subsbtuled Ica a title search,apasasab survey, OFfor zoning verification. B-1 AGREEMENT AGREEMENT made this June 1st, 2020, by and between the CITY OF STILLWATER, a Minnesota municipal corporation ("City") and ITASCA MARKETING LLC, a Minnesota limited liability company ("Itasca"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. LIVE STREAM. The City authorizes Itasca to manage, install and operate automated live streaming cameras on City owned property in accordance with the Contract Documents. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement; and B. Itasca's proposal attached hereto as Exhibit "A". In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority and Contract Document "B" having the last priority. 3. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. 4. COMPLIANCE WITH LAWS AND REGULATIONS. Itasca shall abide by all statutes, ordinances, rules and regulations. 5. INDEMNIFICATION. Itasca shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of this Contract and further agrees to defend, at its sole cost and expense, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 6. DAMAGED, LOST AND STOLEN PROPERTY AND EQUIPMENT. The City shall have no liability or responsibility for any of Itasca's equipment or property that is damaged, stolen or lost. 7. INSURANCE. Itasca shall secure and maintain such insurance as will protect Itasca from claims under the Worker's Compensation Acts, automobile liability, and from claims 1 for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $300,000 combined single limit The City shall be named as an additional insured on the general liability policy. Before commencing work, Itasca shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 8. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County 9. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Itasca must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Itasca pursuant to this Agreement. Itasca is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes 13.08, as if it were a government entity. In the event Itasca receives a request to release data, Itasca must immediately notify the City. City will give Itasca instructions concerning the release of the data to the requesting party before the data is released. Itasca agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Itasca's officers', agents', city's', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 10. COPYRIGHT. Itasca shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 11. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or Itasca desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, Itasca shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Itasca shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 2 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the otherparty. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. TERMINATION. This Agreement may be terminated upon thirty (30) days' written notice by either party should the other fail to perform their obligations hereunder. In the event of termination, Itasca shall pay the City for all money due to the date of termination. This agreement may be terminated upon sixty days (60) days' written agreement by the City of Stillwater without specific cause. 16. NOTICES. All notices, demands or requests required or permitted to be made pursuant to or under this Agreement must be in writing and deemed valid if sent by registered mail, return receipt requested, or delivered by overnight delivery service providing written evidence of delivery , or by hand delivery by a reputable independent courier providing written evidence of delivery, addressed as follows: CITY: ITASCA: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention: Itasca Marketing LLC 3033 Excelsior Blvd Suite 305 Minneapolis, MN 55416 Attention: Michael Gaard City of Stillwater Itasca Marketing LLC Name: Name: Mike Gaard, CEO Date Date 3 Itasca Marketing 3033 Excelsior Blvd Suite 305 Minneapolis, MN 55416 Live Stream Service for St. Croix Valley Recreation Center and Lily Lake Arena OVERVIEW This agreement provides the business terms between Itasca Marketing and the City of Stillwater to manage, install, and operate automated live streaming cameras in the three indoor hockey rinks. This agreement covers the period of three calendar hockey seasons which begins on June 1, 2020 and runs through May 31, 2023. Goals The implementation of the automated camera systems and the related management services provided by Itasca's video production company, MNHockey.Tv (MNHTV), will enable the following mutual goals: 1. Deliver live streaming services of youth hockey games. 2. Provide a coaching tool and support for coaches use of the service. 3. Provide one of the highest quality live streaming experiences in youth sports. SPECIFICATIONS Itasca Marketing will complete and execute the purchase of three automated camera systems to be installed in the St. Croix Recreation Center (Rec Center) and the Lily Lake Arena. Viewing Components MNHockey.Tv will schedule the games selected by the arena rink manager onto the automated streaming platform to provide streaming services for these types of hockey events and games: 1. Pay per view (PPV) for home and visiting teams and tournaments. 2. Pay per view for spring, summer, winter and fall tournaments for all viewers. 3. Video access for youth and high school coaching sessions. Live Streaming Service PPV pricing and Shared Revenue A pay per view amount of $39.95 for a season pass, $19.95 for a tournament pass, and $9.95 per game will be made available on a pay wall created by Itasca Marketing. The service will feature an exclusive Stillwater Arena live streaming portal and video platform that can be shared on all Stillwater youth hockey and city -based websites. Itasca Marketing will also have all games available on their hockey specific website — MNHockey.Tv. Pay Per View Revenue Share Itasca Marketing will share revenue with the St. Croix Valley Recreation Center/Lily Lake Arena and the Stillwater Youth Hockey Association. 1. Twenty-five (25%) of PPV receipts will be paid to the Stillwater Youth Hockey Association. 2. Twenty-five (25%) of PPV receipts will be paid to the Rec Center and Lily Lake Arena. 3. Fifty (50%) of PPV receipts will be paid to Itasca Marketing. Itasca Marketing services include the following activities: 1. Installation of equipment will be the responsibility of Itasca Marketing. Itasca will need to work with the Building Department to make sure that all cabling is installed according to code. 2. Installation by Itasca of one camera per rink (two for the Recreation Center, one for Lily Lake) • Electrical installation if needed • Network cable installation 3. Internet access will be provided by Itasca Marketing. The City IT Department will work with Itasca on placement of the equipment. A detailed walk-through will be done to help determine what would work best for both parties. 4. The Recreation Center and Lily Lake reserve the right to stream to the Recreation Center and Lily Lake lobbies via video monitors and video distribution equipment purchased by the City. 5. The Recreation Center will work with Itasca on Scoreboard data access for video overlay (on screen scores for the streaming). 6. The camera equipment can be purchased by the City after the three-year term of the contract at a mutually agreed to market value. 7. Live streaming video portal on MNHTV's website and the Stillwater Area Youth Hockey Association website. 8. E-Commerce platform for customer purchases of packages. 9. Video embed codes from the portal to all sites requested from the St. Croix Valley Recreation Center and Lily Lake Arena. Schedule management in the portal and communications with the arena scheduler. Marketing of games, tournaments, and events. 10. Customer support for viewers. 11. 3-year limited hardware warranty covered by Itasca Marketing. Live Streaming Service Agreed by: City of Stillwater Itasca Marketing /i'iA aa,L, Name: Name: Mike Gaard, CEO mike@itascadigital.com Email Email (763) 233-2587 Phone Phone Live Streaming Service tillwater Administration Date: May 9, 2018 To: Mayor and City Council From: Beth Wolf, City Clerk Subject: 2020 Summer Tuesdays Event Summer Tuesdays is proposing to change their event this year due to the COVID-19 Pandemic. They would like to have a social distancing drive-in movie event to take place each Tuesday in August. The event starts at 8:30 and extends to 10:30. Since the event is after the 10:00 p.m. noise ordinance requirement, a waiver of the noise ordinance to 10:30 p.m is needed. Lots 7, 8a, 8b and 9 are requested to be reserved for the four dates. The screen will be placed in Lowell Park and movie goers will be directed to their parking spots in lots 8a, 8b and 9. During the movie, River Market customers would park in Lot 7. Summer Tuesdays is in communication with the Co-op who apparently agrees with the event plans. Since Lot 8a is leased, the City would not charge a reservation fee for the spaces in that lot. But, the standard fees for the rest of the lots are $726. The fee for the electrical box is $80. The event organizer is responsible to pay the event fees however due to the current pandemic, staff is asking Council for direction on the fees. ACTION REQUIRED: Review the application and contract and determine if fees should be reduced or waived for 2020. Council shall then make a motion approving the 2020 Summer Tuesday event and contract. 2020 SUMMER TUESDAYS EVENT AGREEMENT THIS AGREEMENT (the "Agreement") is made this 2nd day of June, 2020 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City"), and the SUMMER TUESDAYS, INC., a Minnesota nonprofit corporation (the "Organizer"). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit Summer Tuesdays Inc. to organize and conduct a Drive -In Movie experience in Lowell Park, in August 2020 in order to foster and promote tourism within the City of Stillwater and encourage 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 Festival agree as follows: 1. Security Deposit: A damage deposit of $1,000.00 is required in case there is damage to irrigation systems and the City's park. 2. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park and parking lots. 4. 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. 5. Dates and Hours of Event. Operations are limited as follows: August 4, 11, 18, and 25, 2020 (4 dates) from 6:30 p.m. to 10:30 p.m. 6. 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. 7. Use of Parking Lots. The organizer is aware and will inform all event participants to stay in their vehicles during the event to maintain social distancing requirements set forth by the Governor's Executive Orders. The Event is given use of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Trail. 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. 9. Park Property. Lessee 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. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. 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 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. Organizer shall request the City to locate the irrigation system prior to event. 11. 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 barricades for street closure, 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 restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public works Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrances. c. Trash Enclosures. The Organizer shall furnish 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. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity. Each electrical box needed for the Event will be opened by the City prior to each event. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades following each day of the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Wednesday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. No vendors are approved to be a part of this event. 13. Insurance. The Organizer 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 Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 16. The Organizer hereby agrees to follow the City's Special Event Policy. IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2020, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. SUMMER TUESDAY'S INC. Cory Buettner, President STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss ) Notary Public The foregoing instrument was acknowledged before me this day of , 2020, by Cory Buettner it's President for the Summer Tuesday's Inc. Notary Public iilwater THE BIRTHPLACE OF MIMMESOTA EVENTS PERMIT APPLICATION 216 North 4 th 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: 5/7/2020 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Stillwater Summer Tuesdays (Drive In Movies) August 4, 11, 18 & 25, 2020 6:30PM 8:30PM Event Date/Time: Set up: Date Time to Actual Event: Date August 4, 11, 18 & 25, 2020 Time 8:30PM to 10:30PM Clean up: Date August 4, 11, 18 & 25, 2020 Time 10:30PM to 11:30PM (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) North Lowell Park, Parking lots 8a, 8b & 9 Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) This event would be a drive in movie style event put on by Summer Tuesdays. We have chosen a lot downtown, so that restaurants could do deliveries to the cars since in this scenario, we wouldn't have food vendors. We would preregister cars before the event and direct them to their designated parking space. Estimated Attendance (participants and spectators): 65-70 cars - depending on what we measure out in the par Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Summer Tuesday, Inc Mailing Address: 101 Water Street S City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Cassie McLemore Phone Number: 6515878970 Fax: Cell Phone: 6515878970 Email Address: cassiemclemore@gmail.com, stillwatersummertuesdays@gmail.com Website Address: summertuesdays.com Name of contact person during event: Cassie McLemore Cell Phone: 65158789790 Alternate contact during event: Cory Buettner Cell Phone: 6512954725 Refer media or citizens inquires to: Cassie McLemore Phone: 6515878970 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 1-2 Will any signs/banners be put up No ■ Yes © Number and size: Will there be any inflatables? No F3 Yes ■ Insurance certificate from rental vendor is required Movie. Will need electric for Fees for electricity may Will there be entertainment? No ■ Yes ■ What type: our screen & blower apply see Instructions We would use FM or AM radio transmission. Will sound amplification be used? No F3 Yes ■ Hours and Type: Working on details of that. It would be our movie screen. Will a stage or tent(s) be set up? No • Yes ■ Dimensions: Will there be temporary fencing? No 0 Yes ■ How many Fees for electricity may Will merchandise/food items be sold? No 0 Yes ■ vendors expected: apply see Instructions Will food be prepared on site? No 0 Yes ■ Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No o Yes ■ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No © 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 F3 Yes • Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. We would need one power box opened at Lot 9 for the movie screen, projector and blower for the screen. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available It is likely we would only do social media advertising locally since the event would be limited to 60-70 cars. 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 © Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes 0 Start/End Time: 6:30/7:00-11:OOF Date: August 4,11,18 8 Fees may apply Will event need barricade(s)? No 3 Yes ■ Number needed: We will provide our own see Instructions Fees may apply Will extra picnic tables be needed? No 10 Yes ■ Number needed: see Instructions Fees may apply Will portable restrooms be needed? No ■ Yes ■ Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No ■ Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: We don't anticipate needing extra trash bins as people will be required to stay in their vehicles. If we do, we will provide cans likely from Maroney's sanitation and have trash at the exit, so folks can discard any trash on their way out of the parking lot. Will event need traffic control? No ■ Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: We will preregister vehicles and make sure they go to their proper spot. Here is a sample of possible guidelines for attendees: Stillwater Summer Tuesdays worked with the City of Stillwater to develop guidelines everyone will need to follow to care for our community during this fun event: • PLEASE Only attend as a family/group who all live together. Do not stop and pick up your friends/family or other people who don't live with vni 1 \A/o roconio fho rinhf fn fi inn ,ni i nuiw if V"o lennw, vni 1 nro nftonrlinn xn,ifh nfhorc Fees may apply see Instructions Will "No Parking Signs" be needed? No ■ Yes ■ Number needed: Show location(s)onsite map Will event need security? No ■ Yes • If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ■ Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: We would have a basic first aid kit onsite. Describe the emergency action plan if severe weather should arise: We would cancel the event if it appeared that there would be severe weather. Folks would be in their cars already, so no extreme risk for weather. List any other pertinent information: We would have 1-2 volunteers (can make sure they are masked if necessary) onsite to direct cars to their designated spots. Spots would be marked in chalk (or paint if allowed) so folks know where to park. This will also help with any food deliveries. 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. 1 realize my submittal of this application request constitutes a contract between myself and the City of Stillwater antes a releaye of Liability. 5/7/2020 Signature of Applicant or Authorized Agent Date • at , Water St NIII 22 ' * * * * * * Ir * *C\E, _St% k SS* tit **** Lot #9' a 4s falai:fitm drive in parking spot (this maps out approx 60 spaces approx. placement. Will have one empty parking spot between cars and mark and number spots for reservations.) Movie Screen • Projector Washington - — County FYI BOARD AGENDA June 2, 2020 - 9:00 AM 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Board of Commissioners Fran Miron, Chair, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the May 12, 2020, County Board meeting minutes. B. Approve comment letter to Lower St. Croix One Watershed, One Plan Policy Committee in response to their Draft Plan. C. Approve Agricultural License Agreement No. 13445 between Washington County and Mike Slater. D. Approve the Law Enforcement Tier One Membership Agreement No. 13451 between the Health and Emergency Response Occupations (HERO) Center and the Washington County Sheriffs Office. E. Approve Joint Powers Agreement No. 13455 between the Ramsey County Sheriff's Office and the Washington County Sheriffs Office for the purchase and use of an armored multi - terrain rescue vehicle. 4. 9:10 Community Services - Rebecca Motzko, Social Services Supervisor A. Recognition of the Washington County Family Child Care Provider of the Year for 2020. 5. 9:20 General Administration - Kevin Corbid, County Administrator A. Update on county response to the COVID-19 Pandemic and consideration of potential board actions. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 6. 9:40 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. 9:55 Adjourn 9. 10:00 Board Workshop with Property Records and Taxpayer Services A. Review assessment year 2020 local appeals and adjustments in preparation for the County Board of Appeal and Equalization meeting. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington - — County BOARD AGENDA May 26, 2020 - 9:00 AM Board of Commissioners Fran Miron, Chair, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 Because of the COVID-19 Pandemic and Emergency Declaration declared by the Governor of the State of Minnesota and Declaration of Local Emergency issued by the Washington County Board of Commissioners on March 17, 2020, the County Board will not be conducting the meeting at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater MN. Instead, some County Board members will participate by telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. Members of the public can view/monitor the meeting electronically from a remote location via live web stream. Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration@co.washington.mn.us or by telephone at 651-430-6001. Any comments or concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:15 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the April 28, 2020, and May 5, 2020, County Board meeting minutes. B. Approval to appoint George Stone, Community Services Division Manager, to serve on the Community Action Partnership of Ramsey & Washington Counties Board of Directors effective May 12, 2020. C. Adopt a resolution to delegate the authority to execute and sign all project specific plans and amendments within Board approved Master Grant Contracts with the Minnesota Depaitiiient of Employment and Economic Development (DEED) to the Washington County Community Services Director. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County Consent Calendar continued D. Approve Amendment No. 3, Contract No. 11109, between Insight Public Sector Inc. and Washington County in the amount of $200,000 for a total contract amount of $299,000, and authorize its execution pursuant to Minn. Stat. 373.02. E. Approval of the plat of Keller Farm Country Estates Plat 3 in May Township. F. Approval of a five-year contract with The Master's Touch, LLC in the amount of $319,270 for printing, mailing, and emailing services of tax statements, valuation notices, truth in taxation notices, and to receive electronic pdf files for posting on the Washington County website. G. Approve an amendment to Grant Agreement No. 12532 with the Minnesota Department of Health to assist in our preparation and response to public health emergencies, which increases the grant award to $175,416, for the period of July 1, 2020, through June 30, 2024, and authorize its execution pursuant to Minn. Stat. 373.02. H. Approve Cost Share Agreement No. 13406 between Valley Branch Watershed and Washington County for a feasibility study on County State Aid Highway (CSAH) 10 and Goose Lake. I. Approve Amendment No. 4 to Lease Agreement No. 11627 with the State of Minnesota, acting for the benefit of the Department of Employment and Economic Development (DEED) at the Woodbury Service Center. J. Award bid authorizing execution of Contract No. 13426 in the amount of $734,368.72 with OMG Midwest Inc. dba Minnesota Paving & Materials for the County State Aid Highway (CSAH) 15 and CSAH 13 Pavement Preservation Projects (RB-2204). K. Adopt a resolution accepting the Quit Claim Deed completed by the City of Woodbury to transfer the necessary permanent right-of-way on Valley Creek Road to Washington County and approve the recording of said document in the Washington County Recorder's Office. 4. 9:15 Washington County Community Development Agency - Melissa Taphorn, Executive Director A. Adopt a resolution approving the amendment to Washington County's 2019 Annual Action Plan for the Community Development Block Grant and submission to the U.S. Depaitinent of Housing and Urban Development. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 5. 9:25 General Administration - Kevin Corbid, County Administrator A. Update on county response to the COVID-19 Pandemic and consideration of potential board actions. B. State and Federal Legislative Update 6. 10:00 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:15 Adjourn 9. 10:25 Board Workshop with Public Works A. Update on the progress of the Washington County Bicycle and Pedestrian Plan "MOVE Washington County." Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer May 14, 2020 STILLWATER TOWN BOARD MEETING Via Zoom 7:00 P.M. PRESENT: Chairperson Sheila -Marie Untiedt, Supervisors Rod Hunter, Tim Sinclair, Bonnie Haines and Mike McMahon, Clerk Kathy Schmoeckel, Engineer Larina DeWalt, Treasurer Marsha Olson and Chief of Police Steve Nelson 1. AGENDA - M/S/P McMahon/Hunter moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P McMahon/Sinclair moved to approve the April 23, 2020 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. ENGINEER - Since this was her first meeting with Stillwater Township, Engineer Larina Vosika DeWalt gave a brief biography of herself and gave an update on ongoing projects per her memorandum dated May 14, 2020. • Striping - We will work with Washington County on striping our roads as needed. M/S/P McMahon/Sinclair moved to authorize payment not to exceed $3,500 for striping of Township roads. (5 ayes) • Signage - M/S/P Sinclair/Hunter moved to authorize the expenditure not to exceed $2,800 for reflectivity assessment of signs and sign replacement. (5 ayes) The consensus was to forgo the GIS data for now. 4. CHIEF OF POLICE - a. Report given. No burning permits were issued since there is a ban in place. The ban is expected to be taken off shortly. No dogs were impounded in April, but one has been impounded in May. There have been a lot of bear sightings. People can check the website for updates. b. Signs - The sign at Arcola Heights Park has been taken and will need to be replaced. M/S/P Sinclair/Hunter moved to authorize the payment not to exceed $100 for sign replacement. (5 ayes) c. Arcola Lane - A resident has requested that the Dead End sign be replaced as it is in poor condition. This can be replaced as part of the Engineer's sign project. d. Victory Pass - People have been using a Township easement as a pass -through to the next development and they have been walking onto private property. The resident was encouraged to stop mowing the area which might discourage people from using it. M/S/P Hunter/Sinclair moved to authorize the expenditure not to exceed $500 for two signs, similar to the signs at Little Carnelian Park, to designate private property. (5 ayes) Engineer DeWalt suggested we check with our Attorney to determine what the intent of the easement was. Steve Nelson will coordinate with the homeowner Stillwater Town Board Mtg. — 5/14/20 Page 2 with respect to the placement of the signs. We can revisit this issue in July to see how this is working. 5. CODE RED AGREEMENT - M/S/P McMahon/Hunter moved to authorize the Chair to sign the Joint Powers Agreement for Code Red. (5 ayes) 6. WEATHER SIRENS - Some residents had questioned if we had weather sirens. Mike McMahon had done some research and found that they are very expensive to install and to maintain. People are served by their cell phones. The consensus was to leave this issue for now. 7. FAIRY FALLS - Some residents were present to discuss the issue with parking on Orwell Court. Tim Press reported that he has seen a significant increase in traffic, noise, people wandering onto residents' property and trash. He expects that it will not get better until something is done. The temporary "No Parking" signs that were put up in the last few weeks have been effective. Julie Galonska, National Park Service, was present and pointed out that there are safety issues with people parking elsewhere. NPS is planning to have a meeting with the County, City and Township to discuss possible solutions. The consensus was to leave the "No Parking" signs up until a solution can be determined. 8. TREASURER - a. Report given. Treasurer Marsha Olson was asked to check with the City of Stillwater to see if they would have any interest in offering a discount for early payment for fire protection. b. Checks and Claims - M/X/P Haines/Sinclair moved to approve the payment of Claims #44245 through #44268. (5 ayes) 9. RECYCLING COORDINATOR - We are still in need of a new Recycling Coordinator. Newsletter Editor Kimberly Cole will be asked if she is interested in the position. There can also be another item on Facebook. 10. WEED MANAGEMENT AGREEMENT - The Clerk will resend the Agreement to the Board for more discussion at the next meeting. 11. NEW PLANNER - TKDA has hired a replacement for Merritt Clapp -Smith who is stepping down from her work as Township Planner. The replacement will be asked to appear at our next meeting. 12. GREG GARTNER - Greg Gartner has installed high speed Internet service at his new home. There is now a terminus for the service which other people may be able to sign on to. 13. TOWN HALL OUTDOOR LIGHTS - Bonnie Haines reported that they will be taken down next week. Stillwater Town Board Mtg. — 5/14/20 Page 3 14. OPENING UP TOWN HALL - The consensus was to keep things as they are for now and discuss further at the next meeting. We should follow the directions from the Minnesota Association of Townships. 15. PAINTING TOWN HALL - We are still waiting for bids. The vendor will need to have the proper liability and workers' compensation insurance. 16. ADJOURNMENT - M/S/P Hunter/McMahon moved to adjourn the meeting. (5 ayes) The meeting was adjourned at 9:20 p.m. Clerk Chairperson Approved