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HomeMy WebLinkAbout2021-11-16 CC Agenda Packet_! Zoom Meeting Participant ID: 477063 el aov 0 Recording... 11 ■ View Participants (10) City Clerk Beth... City Clerk Beth Wolf - Virginia Cam Murray Linda Countrym... A Linda Countryman Click to join audio n^ Join Audio Start Video if emilybehnke Rose Holman 111 Rose Holman Shelly Mc Matthew DeBow g Shelly Mc Matthew Debonw Larry Odebrecht Larry Odebrecht •• 10 A © A in 0 0 Participants Share Screen Pause/Stop Recording Reactions Leave 0, Find a participant 0 0 CD O C. (Co -host, me, participant ID: 477063) 0 Rose Holman (Host) Stillwater AV Cam Murray emilybehnke Linda Countryman Matthew DeBow Shelly Mc Virginia Larry Odebrecht Invite II 0 1' 0 Z0 01 0 fp Type here to search 0 Fix7:13PM 11/16/2021 NI 1 1\7 ter The eirmplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING November 16, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Eagle Scout Jacob Odebrecht Proclamation 2. Centenarian Dorothy (Schnell) Gerson Proclamation V. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator VII. CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 11. Payment of Bills 12. CPC Case No. 2021-54 by Todd Ganz of Integrity Land Development and Gary and June Jorgensen to rezone 13187 Dellwood Rd N from AP to RB - Ordinance 2nd Reading 13. Dock Cafe Trail Segment Removed from St Croix Riverbank Stablization Project - Resolution 14. Liquor and Tobacco License Renewals for 2021- Resolution 15. Watering Restrictions Ordinance Amendment - Ordinance 2nd Reading 16. Moratorium on CBD and Cannabis Use Licensing - Ordinance 2nd Reading VIII. PUBLIC HEARINGS - None IX. UNFINISHED BUSINESS - None X. NEW BUSINESS 17. Loop Trail Snow Clearing Joint Powers Agreement - Resolution XI. COUNCIL REQUEST ITEMS XII. CLOSED SESSION 18. Pursuant to Minn. Stat. §13D.05, Subd. 3(b) for attorney -client privileged communication regarding eminent domain matter for 425 Nelson Street (Dock Cafe). XIII. ADJOURNMENT (Cttp of ' * ,tttbivater, flittitte5ota • A J tociamation WHEREAS, JACOB ODEBRECHT has obtained the rank of Eagle Scout; and WHEREAS, the rank of Eagle Scout is a lifetime award and sets the stage for a lifetime of expectations; and WHEREAS, the rank of Eagle Scout has historically been obtained by only 2 percent of Scouts; and WHEREAS, the rank of Eagle Scout represents the highest award possible within Scouts BSA; and WHEREAS, the rank of Eagle Scout represents a great deal of leadership and team work; and WHEREAS, Jacob's Eagle Project was to create the plexiglass Covid screens now in use to protect our election judges froma deadly pandemic in mulitple elections. NOW THEREFORE, I, Ted Kozlowski, Mayor of the City of Stillwater, do hereby proclaim Sunday, November 27, 2021 as JACOB ODEBRECHT DAY! - in the City of Stillwater and encourage the citizens of Stillwater to congratulate Jacob on his accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 16th day of November, 2021. Jvlayor re ;ice_ .44•L 104. _sena. gi Citp of iptittuater, �ir�e�ot�c • J WHEREAS, Dorothy (Schnell) Gerson was born November 25, 1921, and moved to Stillwater in 1934 when her family lost everything due to the depression and also because her mother was orginally from Stillwater; and WHEREAS, Dorothy's Uncle owned Fazedin in downtown Stillwater and held lightening auctions and Dorothy was the head money taker during the auctions. Later she she worked at the Connolly Shoe Factory; and WHEREAS, Dorothy was the oldest of 10 children and were her parents caretaker until her parents passed away in the 1970's. WHEREAS, Dorothy started her career with the City of Stillwater in 1968 as a secretary to the City Administrator and received $375 per month compensation. Shortly thereafter in August of 1970 Dorothy became the City's Acting City Clerk and City Treasurer and within one year received a $25 per month increase. WHEREAS, in 1968 Dorothy was also appointed to the Charter Commission and served for 7years. WHEREAS, Dorothy retired at the age of 62 after 15 years of service; and WHEREAS, Dorothy moved 7 times around Stillwater, one home was on Anderson Street where she resided for 37years and sold it to the hospital across the street; and WHEREAS, Dorothy bought a house on Pine Street until she married Thomas Gerson in 1988 and they moved to Oak Street where she still currently lives with her younger (17 years) twin sisters. NOW, THEREFORE, I, Ted Kozolowki, Mayor of the City Stillwater, do hereby recognize November 25, 2021 as CENTENARIAN DOROTHY GERSON DAY! In the City of Stillwater and encourage the citizens of Stillwater to wish Dorothy a very happy 100th birthday. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 16th day of November, 2021. 2r, Mr 11%.,:d11— '11741K Mayor Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Ameresco B&B Commercial Coating Bell Excavating BHE Community Solar BlueCross BlueShield of MN Inc. Cintas Corporation Coca-Cola Distribution Cornerstone Land Surveying Customized Safety Training LLC Dakota County Technical College Dalco ECM Publishers Evident Inc. Forest Lake Trailer Fuhr Trenching Grainger Guardian Supply H&L Mesabi Jaytech Inc Johnson Controls Fire Protection LP Loffler Companies Mansfield Oil Company Marshall Electric Company Menards Minnesota Occupational Health MP Nexlevel LLC Patchin Messner Appraisals Pepsi Beverages Company Pioneer Press St. Paul R&R Specialties Inc. Riedell Shoes Inc. Rivard Stone Inc. Stillwater Glass Inc. Stillwater Motor Company Summit Companies Sunram Construction Toll Gas and Welding Supply Uline Inc Voyant Communications Winnick Supply Xcel Energy Yanavitski Amanda Snacks for concessions Energy Services Agreement Recoat fire hydrants Excavating service Solar Energy Retiree Health Insurance Uniforms & mat service Beverages for concessions Our Saviors Easement Training - Knodle Training - Fleischhacker Vacuum motor Public hearing publications Supplies Tailgate reinforcement on new trailer Watermain repairs Equipment repair supplies Uniform - Fleischhaker Snowplow cutting edge Equipment repair Monitoring at parking structure Copier Lease Fuel Electrician Service Supplies Training - Benson Locating Dock Cafe appraisal Beverages for concessions Notice of vacancies Hydraulic cylinder Skates Memorial pavers Clear lami labor on site Vehicle repair charges Annual Sprinkler Inspection Riverbank Stabilization Cylinders Safety flags Phone Railing Mulberry steps Energy Refund of dog license paid in error 184.25 55,473.44 37,152.00 13,090.00 5,914.07 12,716.00 194.87 1,218.56 1,500.00 1,800.00 250.00 278.31 133.00 92.50 775.00 10,900.00 1,432.38 117.99 2,263.00 777.65 606.59 2,802.88 4,261.47 3,795.00 488.80 62.00 1,875.00 5,975.00 515.58 15.30 899.05 262.50 63.30 348.82 138.98 2,190.00 435,129.45 48.11 51.87 553.69 190.64 17,601.29 20.00 Page 2 LIBRARY Amazon Business Blick Art Materials Brodart Co Cole Papers Comcast Culligan of Stillwater Floyd Total Security Menards Petrie Angela Serendipity Art & Design Stillwater Printing Co. Tan Ni Water Works Irrigation LLC ADDENDUM Action Rental Inc. Advance Auto Parts Animal Humane Society Ballis Tom Campion Barrow & Associates CDI CDW Government Cintas Corporation Comcast Eng Michael Enterprise FM Trust Goodyear Commercial Tire Grainger International Code Council Kwik Trip MARSARS Water Rescue Systems McBroom Laura Moody's Investors Service Stillwater & Oak Park Heights CVB Stillwater Fire Relief Assoc Stillwater Motor Company Programs Programs Materials Supplies Internet Water Security Monitoring Building Repair Supplies Staff Reimbursement Programs Programs Programs Winterize Sprinklers Concrete and mixing trailer Battery Pound charges Reimburse for Executive Fire Officer class Fire services testing LaserFiche Avante Supplies Mat cleaning service Cable TV Reimburse for mileage to classes Lease vehicles Tires Hard hat emblems Bldg Dept Admin 5th Ed Fuel New fire boat equipment Reimburse for uniform equipment Issuance fees Qtrly Lodging Tax 2021 Fire State Aid Vehicle repair Adopted by the Stillwater City Council this 16th day of November, 2021 Mayor Ted Kozlowski 358.77 112.19 7,676.75 146.64 188.10 33.95 178.20 69.60 66.08 125.00 70.00 350.00 165.00 500.00 116.57 1,488.00 1,533.25 880.00 1,937.36 175.00 279.29 159.14 80.08 10,319.59 477.56 56.00 240.00 107.22 1,061.36 40.50 13,500.00 138,965.74 195,068.75 1,528.10 TOTAL 1,002,212.13 NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING November 16, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS V. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 1. Public Works Director 2. Police Chief 3. Fire Chief 4. Finance Director 5. Community Development Director 6. City Clerk 7. City Attorney 8. City Administrator VII. CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 9. Payment of Bills 10. CPC Case No. 2021-54 by Todd Ganz of Integrity Land Development and Gary and June Jorgensen to rezone 13187 Dellwood Rd N from AP to RB - Ordinance 2nd Reading 11. Dock Cafe Trail Segment Removed from St Croix Riverbank Stablization Project - Resolution 12. Liquor and Tobacco License Renewals for 2021- Resolution 13. Watering Restrictions Ordinance Amendment - Ordinance 2nd Reading 14. Moratorium on CBD and Cannabis Use Licensing - Ordinance 2nd Reading VIII. PUBLIC HEARINGS - None IX. UNFINISHED BUSINESS - None X. NEW BUSINESS 15. Loop Trail Snow Clearing Joint Powers Agreement - Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Ameresco B&B Commercial Coating Bell Excavating BHE Community Solar BlueCross BlueShield of MN Inc. Cintas Corporation Coca-Cola Distribution Cornerstone Land Surveying Customized Safety Training LLC Dakota County Technical College Dalco ECM Publishers Evident Inc. Forest Lake Trailer Fuhr Trenching Grainger Guardian Supply H&L Mesabi Jaytech Inc Johnson Controls Fire Protection LP Loffler Companies Mansfield Oil Company Marshall Electric Company Menards Minnesota Occupational Health MP Nexlevel LLC Patchin Messner Appraisals Pepsi Beverages Company Pioneer Press St. Paul R&R Specialties Inc. Riedell Shoes Inc. Rivard Stone Inc. Stillwater Glass Inc. Stillwater Motor Company Summit Companies Sunram Construction Toll Gas and Welding Supply Uline Inc Voyant Communications Winnick Supply Xcel Energy Yanavitski Amanda Snacks for concessions Energy Services Agreement Recoat fire hydrants Excavating service Solar Energy Retiree Health Insurance Uniforms & mat service Beverages for concessions Our Saviors Easement Training - Knodle Training - Fleischhacker Vacuum motor Public hearing publications Supplies Tailgate reinforcement on new trailer Watermain repairs Equipment repair supplies Uniform - Fleischhaker Snowplow cutting edge Equipment repair Monitoring at parking structure Copier Lease Fuel Electrician Service Supplies Training - Benson Locating Dock Cafe appraisal Beverages for concessions Notice of vacancies Hydraulic cylinder Skates Memorial pavers Clear lami labor on site Vehicle repair charges Annual Sprinkler Inspection Riverbank Stabilization Cylinders Safety flags Phone Railing Mulberry steps Energy Refund of dog license paid in error 184.25 55,473.44 37,152.00 13,090.00 5,914.07 12,716.00 194.87 1,218.56 1,500.00 1,800.00 250.00 278.31 133.00 92.50 775.00 10,900.00 1,432.38 117.99 2,263.00 777.65 606.59 2,802.88 4,261.47 3,795.00 488.80 62.00 1,875.00 5,975.00 515.58 15.30 899.05 262.50 63.30 348.82 138.98 2,190.00 435,129.45 48.11 51.87 553.69 190.64 17,601.29 20.00 Page 2 LIBRARY Amazon Business Blick Art Materials Brodart Co Cole Papers Comcast Culligan of Stillwater Floyd Total Security Menards Petrie Angela Serendipity Art & Design Stillwater Printing Co. Tan Ni Water Works Irrigation LLC Programs Programs Materials Supplies Internet Water Security Monitoring Building Repair Supplies Staff Reimbursement Programs Programs Programs Winterize Sprinklers 358.77 112.19 7,676.75 146.64 188.10 33.95 178.20 69.60 66.08 125.00 70.00 350.00 165.00 City of Stillwater Washington County, Minnesota ORDINANCE NO 1176 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY FOUR ACRES TO RB, TWO-FAMILY RESIDENTIAL Case No. 2021-54 The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: SECTION 1 Amending. The zoning of the following property, legally defined on Exhibit A and visually represented in Exhibit B is hereby amended to RB, Two -Family Residential. SECTION 2 Effective Date. This Ordinance shall be in full force and effect from and after publication according to law. SECTION 3 Publication. This Ordinance shall not be published until the Final Plat for Jorg Hills Estate is approved by the City Council. SECTION 4 Saving. In all other ways the Stillwater City Code shall remain in full force and effect. Approved this day of November, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A Legal Description That part of East 1/2 of the West Y2 Northwest 1/4 of Section 20, Township 30 North, Range 20 West, Washington County, Minnesota lying Northerly of the Northerly lines of Lot 10, Lot 11, and Lot 13 and the Westerly extension of the North line of said Lot 10 all in Block 1, OAK GLEN 8th ADDITION, as monumented, an lying Northerly and Westerly of the Westerly lines of Lot 1, Block 2, and Lot 3, and the Northerly extension of the Westerly line of said Lot 1 all in Block 1, OAK GLEN 10th ADDITION, as monumented, according to the plats on file in the office of the registrar of titles, Washington County, Minnesota, Stillwater Township. 2 EXHIBIT B 13453 the 9irlhplace lWater of Min'resola l 2518• 2523a 2521 2825 ft ' 1 7 w a !k' a .. r_, • � ' .K2 44 w y _ 't- Y +23N4 <i2389 .. --vim... ... �I'l!1Y •( 45' _ SWENSON C. STREET _ ? i. q. .f }I943 '1923'`to' 1, rr TiV r223 _ + 1SsS -8�&3 ' 4 23 • 23 �. 7p ,, c 4' i:;, .' . V375 ILI n i� '2•23 J ' i' s' ,i z 2f /'2352, 11 IS ,�-1920 �19QQ� y'SEQ' j8E0 [C r i O; � ,+ 1 j Y+*.� r�FC '235...1 OAK GLEN LANE z 1355 p -i.. _ w • Ip / Ir 1 � , .241 9a31.1.tl .... .�1941ff� r■ V . L J 7 1 ., • ' i( f ` 2Q2 2pQ.,... L• 1921 1901 17' 50 Y '22 • >R �� - ' I. 21.01. 'y 1 ..i•i22? GG4� Y 1 • I-;l Site Location 13187 Del lwood Rd N 0 1TO AO � F�1 v eras • •k • O 1 r w -2171 E-. Cbx GLEN A y7z . General Site Location : sae LTu` ,� lib' J�• ••'I —Ai '. - _ N25. '� -24 .4 • QS• . .a4.1P1931 (1921.. i't ?4 99� ''r a Ir.. � FA Iii l �f'. m-.�!.i"�'• 4i i.A':i• 3 LEVANDER, GILLEN MILLER, P.A. ATTORNEYS AT LAW MEMO TIMOTHY J. KUNTZ ANGELA M. LUTZ AMANN KORINE L. LAND DONALD L. HOEFT BRIDGET McCAULEY NASON PETER G. MIKHAIL SCOTT M. LUCAS DAVID L. SIENKO AARON S. PRICE CASSANDRA C. WOLFGRAM AMANDA J. JOHNSON GRETA BJERKNESS CHRISTOPHER J. KRADLE TO: Honorable Mayor Ted Kozlowski and Members of the Stillwater City Council FROM: Pete Mikhail DATE: November 8, 2021 RE: Deleting the Dock Cafe Segment from the St. Croix River Riverbank Stabilization and Riverwalk Project Background Information As you know, the City is undertaking a project to stabilize the St. Croix River Riverbank south of Nelson Street to the southerly boundary of the City, including the restoration of eroded riverbanks and the construction of a trail adjacent to the St. Croix River from Nelson Street to the Historic Shoddy Mill and Bergstein Warehouse Buildings (the "Project"). The planned trail included a segment that would require the City to acquire easements across the Dock Cafe property ("Dock Cafe Segment"). In closed session, the City Council has discussed with me the cost risks associated with acquiring easements for the Dock Cafe Segment through eminent domain. The City Engineer has confirmed that it is feasible in terms of Project construction to delete the Dock Cafe Segment from the Project if Council makes the policy determination that the cost risks outweigh the benefits of including that trail segment. The attached resolution authorizes the proper City staff and agents to modify the Project to delete the Dock Cafe Segment and rescinds the resolution that authorized the acquisition of easements for that segment. Proposed Council Action Adopt attached Resolution Deleting Trail Segment from St. Croix River Riverbank Stabilization and Riverwalk Project (Project 2016-06) and Rescinding Resolution 2021-90. Because risks associated with eminent domain were/are the subject of attorney -client privileged discussions that require absolute confidentiality, Council should move into closed session if it wishes to discuss further. Attachment Resolution 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN City of Stillwater Washington County, Minnesota RESOLUTION 2021- DELETING TRAIL SEGMENT FROM ST. CROIX RIVER RIVERBANK STABILIZATION AND RIVERWALK PROJECT (PROJECT 2016-06) AND RESCINDING RESOLUTION 2021-90 WHEREAS, the City of Stillwater ("City") has undertaken the St. Croix River Riverbank Stabilization and Riverwalk Project (Project 2016-06) ("Project"), including the restoration of eroded riverbanks from an area south of Nelson Street to the southerly boundary of the City and construction of a walkway adjacent to the St. Croix River from Nelson Street to the Historic Shoddy Mill and Bergstein Warehouse Buildings; and WHEREAS, by Resolution 2021-84, the City Council approved plans and specifications and ordered advertisement for bids for the Project; and WHEREAS, by Resolution 2021-104, the City Council awarded the construction contract for the Project to Sunram Construction; and WHEREAS, by Resolution 2021-90, the City Council authorized the acquisition of easements for the Project for a segment of the trail across PID## 28.030.20.41.0114 and 28.030.20.41.0044 ("Dock Cafe Segment"); and WHEREAS, the City Council now finds that the cost risks associated with acquiring easements for the Dock Cafe Segment outweigh the benefits of installing that segment of trail; and WHEREAS, Sunram Construction does not object to eliminating the section of the Project from Nelson Street southward through the Dock Cafe Segment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. That the proper City officers and agents are authorized and directed to delete the Dock Cafe Segment from the Project and to adjust the Project plans and specifications accordingly; 2. Resolution 2021-90 is hereby rescinded. Adopted by the Stillwater City Council this 19th day of November, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2021- Page 2 of 8 EXHIBIT A EASEMENTS TO BE ACQUIRED (attached on the following pages) Resolution 2021- Page 3 of 8 Legal Description of the Property PID No.: 28.030.20.41.0114 and 28.030.20.41.0044; Legal Description: 28.030.20.41.0114: That part of Lots 10 and 11, Block 28 of the Original Town of Stillwater, according to the perfected plat on file in the office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the intersection of the most westerly line of said Lot 10 and the southerly line of Nelson Street as dedicated on said perfected plat; thence North 73 degrees 40 minutes 30 seconds East, assumed bearing, along said southerly line of Nelson Street 229.75 feet to the point of beginning; thence South 38 degrees 16 minutes 30 seconds East 89.55 feet to the southeasterly line of the northwesterly 50.00 feet of said Lot 11, as measured along the southwesterly line of said Lot 11; thence North 54 degrees 30 minutes 00 seconds East along said southeasterly line 56.49 feet to the northeasterly line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company land, said line is located 7.00 feet measured radially, northeasterly of the center line of an inplace track; thence northwesterly along said northeasterly line and curve, concave to the northeast; thence a radius of 1903.08 feet and a central angle of 01 degree 59 minutes 45 seconds a distance of 66.29 feet to said southerly line of Nelson Street, the chord of said curve bears North 29 degrees 40 minutes 02 seconds West; thence South 73 degrees 40 minutes 30 seconds West along said southerly line 71.53 feet to the point of beginning Abstract Property. AND 28.030.20.41.0044: That part of Lots 10 and 11, Block 28 of the Original Town of Stillwater, according to the perfected plat on file in the office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the most Westerly corner of said Lot 11; thence South 50 degrees 00 minutes 00 seconds East, assumed bearing, along the Southwesterly line of said Lot 11 a distance of 140.00 feet; thence North 54 degrees 30 minutes 00 seconds East, parallel with the Northwesterly line of said Lot 11, a distance of 220.16 feet to the point of beginning; thence North 36 degrees 16 minutes 24 seconds West 87.14 feet to the Southeasterly line of the Northwesterly 50.00 feet of said Lot 11, as measured along said Southwesterly line of Lot 11; thence North 54 degrees 30 minutes 00 seconds East along said Southeasterly line 31.82 feet to a line distant 9.00 feet Northeasterly of the center line of the main track of the Burlington Northern Railroad Company, as measured radially from said center line; thence Northwesterly along said line and a curve, concave to the Northeast, having a radius of 1423.69 feet and a central angle of 02 degrees 16 minutes 14 seconds a distance of 56.42 feet to the South line of Nelson Street as dedicated on said perfected plat, the chord of said curve bears North 30 degrees 25 minutes 55 seconds West; thence North 73 degrees 40 minutes 30 seconds East along said South line 188 feet, more or less, to the shore line of Lake St. Croix; thence Southeasterly along said shore line 87 feet, more or less, to a line that bears North Resolution 2021- Page 4 of 8 54 degrees 30 minutes 00 seconds East from the point of beginning; thence South 54 degrees 30 minutes 00 seconds West along said line 170 feet, more or less, to the point of beginning. Torrens Property. Being registered as is evidenced by Certificate of Title No. 42173. Legal Description of the Acquisition TRAIL EASEMENT DESCRIPTION A 12' wide easement for trail purposes over, under, and across the following described property; That part of Lots 10 and 11, Block 28 of the Original Town of Stillwater, according to the perfected plat on file in the office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the most Westerly corner of said Lot 11, thence South 50 degrees 00 minutes 00 seconds East, assumed bearing, along the Southwesterly line of said Lot 11 a distance of 140.00 feet; thence North 54 degrees 30 minutes 00 seconds East, parallel with the Northwesterly line of said Lot 11, a distance of 220.16 feet to the point of beginning; thence North 36 degrees 16 minutes 24 seconds West 87.14 feet to the Southeasterly line of the Northwesterly 50.00 feet of said Lot 11, as measured along said Southwesterly line of Lot 11; thence North 54 degrees 30 minutes 00 seconds East along said Southeasterly line 31.82 feet to a line distant 9.00 feet Northeasterly of the center line of the main track of the Burlington Northern Railroad Company, as measured radially from said center line; thence Northwesterly along said line and a curve, concave to the Northeast, having a radius of 1423.69 feet and a central angle of 02 degrees 16 minutes 14 seconds a distance of 56.42 feet to the South line of Nelson Street as dedicated on said perfected plat, the chord of said curve bears North 30 degrees 25 minutes 55 seconds West; thence North 73 degrees 40 minutes 30 seconds East along said South line 188 feet; more or less, to the shore of Lake St. Croix; thence Southeasterly along said shore 87 feet, more or less, to a line that bears North 54 degrees 30 minutes 00 seconds East from the point of beginning; thence South 54 degrees 30 minutes 00 seconds West along said line 170 feet, more or less, to the point of beginning. The center line of said 12' wide Trail Easement is described as follows: Commencing at the most southerly corner of the above described property; thence North 71 degrees 57 minutes 52 seconds East along the south line of said described property a distance of 95.61 feet to the point of beginning of the center line to be described; thence northerly 70.10 feet along a non -tangential curve concave to the west, having a radius of 126.38 feet, a central angle of 31 degrees 46 minutes 47 seconds and a chord that bears North 07 degrees 03 minutes 12 seconds East a distance of 69.20 feet; thence North 08 degrees 50 minutes 08 seconds West a distance of 49.89 feet; thence northerly 15.69 feet along a tangential curve concave to the west, having a radius of 104.66 feet and a central angle of 08 degrees 35 minutes 13 seconds and a chord that bears North 13 degrees 07 minutes 44 seconds West a distance of 15.67 feet; thence North 17 degrees 25 minutes 21 seconds West a distance of 24.96' feet; thence northerly 11.15 feet along a non - tangential curve concave to the west, having a radius of 72.67 feet, a central angle of 08 degrees 47 minutes 23 seconds and a chord that bears North 22 degrees 37 minutes 05 seconds West a distance of 11.14 feet; thence northwesterly 16.05 feet along a non -tangential curve concave to the Resolution 2021- Page 5 of 8 southwest, having a radius of 13.23 feet, a central angle of 69 degrees 29 minutes 27 seconds and a chord that bears North 59 degrees 57 minutes 43 seconds West a distance of 15.08 feet; thence northerly 19.43 feet along a non -tangential curve concave to the northeast, having a radius of 13.91 feet, a central angle of 80 degrees 00 minutes 44 seconds and a chord that bears North 54 degrees 42 minutes 05 seconds West a distance of 17.89 feet; thence North 14 degrees 41 minutes 43 seconds West a distance of 0.5 feet to the southerly R/W line of Nelson Street, and said center line there terminating. The sidelines of said easement shall be prolonged or shortened to terminate at the south line of Nelson Street and the south line of the above described property. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A Temporary Easement for Construction purposes over, under, and across the following described property; That part of Lots 10 and 11, Block 28 of the Original Town of Stillwater, according to the perfected plat on file in the office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the most Westerly corner of said Lot 11, thence South 50 degrees 00 minutes 00 seconds East, assumed bearing, along the Southwesterly line of said Lot 11 a distance of 140.00 feet; thence North 54 degrees 30 minutes 00 seconds East, parallel with the Northwesterly line of said Lot 11, a distance of 220.16 feet to the point of beginning; thence North 36 degrees 16 minutes 24 seconds West 87.14 feet to the Southeasterly line of the Northwesterly 50.00 feet of said Lot 11, as measured along said Southwesterly line of Lot 11; thence North 54 degrees 30 minutes 00 seconds East along said Southeasterly line 31.82 feet to a line distant 9.00 feet Northeasterly of the center line of the main track of the Burlington Northern Railroad Company, as measured radially from said center line; thence Northwesterly along said line and a curve, concave to the Northeast, having a radius of 1423.69 feet and a central angle of 02 degrees 16 minutes 14 seconds a distance of 56.42 feet to the South line of Nelson Street as dedicated on said perfected plat, the chord of said curve bears North 30 degrees 25 minutes 55 seconds West; thence North 73 degrees 40 minutes 30 seconds East along said South line 188 feet; more or less, to the shore of Lake St. Croix; thence Southeasterly along said shore 87 feet, more or less, to a line that bears North 54 degrees 30 minutes 00 seconds East from the point of beginning; thence South 54 degrees 30 minutes 00 seconds West along said line 170 feet, more or less, to the point of beginning The Temporary Construction Easement lies on the above described property between the westerly shore line of the St. Croix River and the following described line; Commencing at the most southerly corner of the above described property; thence North 71 degrees 57 minutes 52 seconds East along the south line of said described property a distance of 62.56 feet to the point of beginning of the line to be described; thence northerly 79.36 feet along a non -tangential curve concave to the west, having a radius of 103.72 feet, a central angle of 43 degrees 50 minutes 28 seconds and a chord that bears North 13 degrees 05 minutes 06 seconds East a distance of 77.44 feet; thence North 08 degrees 50 minutes 08 seconds West a distance of 25.85 feet; thence North 16 degrees 24 minutes 19 seconds West a distance of 75.09 feet; thence North 36 degrees 19 minutes 16 seconds West a distance of 13.81 feet; thence South 73 degrees 34 minutes 29 seconds West a distance of 11.50 feet; thence North 16 degrees 24 minutes 19 Resolution 2021- Page 6 of 8 seconds West a distance of 9.44 feet to the southerly R/W line of Nelson Street, and said line there terminating. The sidelines of said easement shall be prolonged or shortened to terminate at the south line of Nelson Street and the south line of the above described property. Excepting therefrom the 12' Trail Easement as shown per St. Croix Surveying Job No. 2021.27A and recorded as Washington County Document No. Said temporary easement is to expire on December 31, 2025. Resolution 2021- Page 7 of 8 Sketch of the Acquisition Trail Easement Exhibit Si. cwix SUneying Dock Cafe 425 Nelson St. E Stillwater MN g le R i a 1140,i- rridpi .,. 111,,...:piii.....,..poceat i., '�77�j j � ■ (eg $ 1� j IDI1iiI11iIIhIi(}1h a i1 1! 4049 MI ZW1 i tiHI ij Vd 1 I'iiIiJiUiiIiiJiU eii 7k WO •Is 3NYS ota 3VSWOHS 10 7001 z fit Resolution 2021- Page 8 of 8 xf0,a LS 3 o rotiitCHS 3ic3 4d. tir 4 G�LQ� (AO*, \� '61 i 0 P a 0 2 S sI City of Stillwater Washington County, Minnesota RESOLUTION 2021-xxx APPROVING RENEWALS OF LIQUOR LICENSES AND TOBACCO LICENSES FOR 2022 WHEREAS, application for renewals have been received by the businesses listed below; and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor and/or tobacco license according to the City of Stillwater, State of Minnesota Alcohol & Gambling Enforcement Division and Washington County Public Health and Environment. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewals of the businesses listed below with their respective licenses, as contingent above: DBA (Doing Business As) Organization Name/Corporation License Type(s) 3rd Street Post 3rd Street Post LLC On Sale; Sunday Acapulco Mexican Restaurant Acapulco of Stillwater Inc. On Sale; Sunday BP Gas Inc. BP Gas Inc. Tobacco Brian's Two Brians, LLC On Sale; Sunday Brick and Bourbon Brick and Bourbon Stillwater, LLC On Sale; Sunday Cellars Wine & Spirits Northern Spirits Stillwater LLC Off Sale; Tobacco City Sliquors O'Brien Wine & Spirit's, Inc. Off Sale; Tobacco Coffee Paw Cafe M & K Duncan LLC Wine w/Strong Beer Cooks of Crocus Hill Cooks of Crocus Hills LLC Wine w/Strong Beer Cub Foods SuperValu Inc. 3.2% Off Sale; Tobacco Cub Wine and Spirits #1664 SuperValu Inc. Off Sale; Tobacco Domacin Wine Bar Domacin LLC On Sale; Sunday; Off Sale Fog E-Cig Fog E-Cig Stillwater, LLC Tobacco Forge and Foundry Distillery Forge and Foundry Distillery Company On Sale Cocktail Room; Sunday; Off Sale Freight House Freight House LLC On Sale; Sunday Harbor Bar EKS Inc. On Sale; Sunday; Tobacco Haskells Haskells Inc. Off Sale; Tobacco Holiday Stationstores, Inc. #442 Holiday Stationstores, LLC Tobacco JX Event Venue JX Event Services LLC On Sale; Sunday Kwik Trip #415 Kwik Trip, Inc. Tobacco Lens Family Foods Lens Family Foods Tobacco Liberty Village Wine and Spirits Liberty Village Wine and Spirits, Inc. Off Sale; Tobacco Lift Bridge Brewing Company Lift Bridge Brewing Technologies, LLC Micro Brewer Off Sale; On Sale Taproom; Sunday Lolito MAV Hospitality LLC On Sale; Sunday LoLo American Kitchen LoLo American Kitchen LLC On Sale; Sunday Lora/Feller/The Long Goodbye/MADE Elevage Hotel Group, LLC and Elevage Management Group LLC On Sale; Sunday; Off Sale Lowell Inn St. Croix Boat and Packet Co. On Sale; Sunday Mad Capper Mad Capper Saloon and Eatery Inc. On Sale; Sunday DBA (Doing Business As) Organization Name/Corporation License Type(s) A Marx Wine Bar and Grill B.A. Mensch, Inc. On Sale; Sunday Match Stick Restaurant 232, LLC On Sale; Sunday; Off -Sale Meister's Bar and Grill Meister's Bar & Grill of Stillwater, Inc. On Sale Mon Petit Cheri Mon Petit Cheri, LLC Wine w/Strong Beer Neighbor Stop E and K Convenience, Inc. Tobacco No -Neck Tony's TJ Stillwater, LLC On Sale; Sunday North Hill Liquor North Hill Liquor Ltd. Off Sale; Tobacco Oak Glen Oak Glen Limited Partnership On Sale; Sunday Oasis Cafe, Inc. Oasis Cafe Inc. On Sale; Sunday Osaka Express Osaka Express Inc. On Sale; Sunday P.D. Pappy's Beach Blanket Bingo Inc. On Sale; Sunday Patriots Tavern Roman Market, Inc. On Sale; Sunday Portside Stillwater Holdings LLC On Sale; Sunday Quickfire Pizza L and L Companies LLC Wine w/Strong Beer River Siren Brewing Company River Siren Brewing Company LLC Micro Brewer Off Sale; On Sale Taproom; Sunday Rivertown Inn Rivertown Inn, LLC On Sale Wine Still Tobacco Northgate, Inc. Tobacco Stillwater Country Club Stillwater Country Club Inc. Club, Sunday Stillwater Event Center Stillwater K.C. Hall, Inc. On Sale; Sunday Stillwater Proper Stillwater Proper LLC On Sale; Sunday Thai Basil Thai Basil, Inc. On Sale; Sunday The Grand St. Croix Boat and Packet Co. Wine w/Strong Beer The Lodge The Lodge at Stillwater, LLC On Sale; Sunday The Loft at Studio J The Loft of Studio J LLC On Sale; Sunday The Lumberjack The Lumberjack Company On Sale; Sunday The Lumberyard The Edge Performance Hockey Training Center Wine w/Strong Beer The Tilted Tiki The Tilted Tiki, Inc. On Sale; Sunday The Velveteen The Velveteen LLC On Sale; Sunday The Zephyr Theatre Only A Dim Image Productions On Sale; Sunday To Go Amoco Stillwater BP Inc. Tobacco Water Street Inn DBD Partners Inc. On Sale; Sunday; Tobacco Whiteys DNR Properties LLC On Sale; Sunday; Off Sale Ziggy's On Main Stardust Endeavors LLC On Sale; Sunday Adopted by Council this 16th day of November, 2021. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 City of Stillwater Washington County, Minnesota ORDINANCE NO 1177 AN ORDINANCE REPEALING AND REPLACING CHAPTER 28, SECTION 28-2(7) OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING WATERING RESTRICTIONS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 28 of the City Code, Section 28-2(7), regarding water system rules and regulations, is hereby repealed and replaced as follows: Sec. 28-2. Water system; rules and regulations. Subd. 7. Water Conservation. (1) Emergency Restrictions. Upon a recommendation by the utilities commission that a shortage of water supply threatens the city, the Mayor may issue an emergency proclamation that restricts the times, days and hours during which City water may be used for sprinkling, irrigation, car washing, air conditioning or other specified uses. After publication of the proclamation, no person shall use or permit water to be used in violation of the proclamation. The proclamation will be effective until the next regular City Council meeting when the restriction may be extended or rescinded by the City Council. (2) Non -Emergency Restrictions. From June 1st through October 1st, the following watering restriction shall be in place: (a) All property owners are prohibited from watering, sprinkling or irrigating their lawns between the hours of 10:00 a.m. and 5:00 p.m. daily. (b) All property owners having even numbered addresses may water, sprinkle or irrigate their lawn on even numbered calendar days and all property owners having odd numbered addresses may water, sprinkle or irrigate their lawns on odd numbered calendar days. (3) Exceptions. The water use restrictions under this subdivision do not apply to: (a) Properties with private wells that have no access to or connection to the City's water supply. (b) Recently established lawns and landscaping, if the property owner receives a watering restriction waiver from the City which allows for watering up to thirty (30) days after installation. Watering, sprinkling or irrigating pursuant to a watering restriction waiver must adhere to the restricted hours and days under City Code § 28-2 subd. 7(2). No new sod, seeding of lawns or new landscaping requiring watering, sprinkling or irrigation shall be installed during a water shortage emergency. (c) Hand watering of plants, shrubs, trees and gardens is permitted on a non - watering day if the watering device is personally attended. (d) Filling pools and washing cars. (4) Penalties. Any person who violates any provisions of this section may be issued an administrative citation pursuant to City Code § 22-10 SECTION 2 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance addressing water system rules and regulations is being amended to include date and time restrictions for watering as well as exceptions to the established water use restrictions. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2021. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 City of Stillwater Washington County, Minnesota ORDINANCE NO 1178 AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TO CANNABIS AND NONINTOXICATING CANNABINOIDS (CBD) SALES, TESTING, MANUFACTURING OR DISTRIBUTION FOR ONE YEAR WHEREAS, pursuant to Minnesota Statutes, Section 462.355, subdivision 4, many cities have adopted interim ordinances in order to study the impacts of certain uses and determine whether regulations are appropriate for the purpose of protecting the public health, safety and welfare of their citizens; and WHEREAS, the City is undertaking a study to consider possible changes to the Zoning Ordinance and City Code that would address the types of uses that involve the sales, testing, manufacturing and distribution of cannabis and products that contain nonintoxicating cannabinoids (CBD) whether for medical, recreational or for other human or animal consumption purposes and may implement many of the suggestions from the study. NOW, THEREFORE, the City Council of Stillwater does ordain: SECTION 1 No business, person or entity may establish a new use or expand an existing use that includes or involves the sales, testing, manufacturing, or distribution of cannabis in any way, whether medical or recreational, or any products that contain nonintoxicating cannabinoids extracted from hemp (CBD) in any form, for a period of up to twelve (12) months from the effective date of this ordinance or until ordinances regulating such uses become effective or until the Council rescinds this Interim Ordinance, whichever occurs first. SECTION 2 City Staff is directed to conduct a study to gather information and make a recommendation to the Council to determine if the Zoning Ordinance and City Code need to be amended regarding these types of uses to better protect the citizens of Stillwater, and if so, what regulations are appropriate. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City will be undergoing a study regarding CBD and cannabis uses to determine if regulations surrounding zoning and licensing are appropriate. No new use may be established, and no existing use may be expanded until the City adopts regulations regarding these uses, or determines no regulations are necessary and rescinds the interim ordinance or for a period of one year, whichever occurs first. SECTION 4 EFFECTIVE DATE AND EXPIRATION DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law and shall expire upon adoption of ordinances regulating such uses, until the Council rescinds or terminates the Interim Ordinance or twelve (12) months from its effective date, whichever occurs first. Approved this day of , 2021. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor 2 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: November 10, 2021 Subject: Loop Trail Snow Clearing — Joint Powers Agreement DISCUSSION The Loop Trail is a 4.7-mile pedestrian and bicycling trail on the Wisconsin and Minnesota side of the St. Croix River, connected by the Historic Lift Bridge and the St. Croix River Crossing Bridge. The trail crosses multiple jurisdictions including City of Stillwater, City of Oak Park Heights in Minnesota and St. Joseph Township and Holton in Wisconsin. Since opening of the trail in 2017, the City of Stillwater has been responsible for the winter time maintenance of the trail on the Minnesota side of the river including the Lift Bridge and the St. Croix River Crossing Bridge. There has been no wintertime maintenance on the loop trail the Wisconsin side since the opening. Recently, staff from St. Croix County reached out to the City and asked if we would be interested clearing snow on the Wisconsin side of the Loop trail. Staff put together a proposal and conditions for clearing the additional 2.3 miles of trail and through discussion with St. Croix County a joint powers agreement was prepared. Conditions of the agreement, include a $200 payment to the City for each time the trail is cleared, bare pavement is not required. No salt will be used on the trail (including Houlton Hill).,and the last priority of clearing for the City. The terms of the agreement are for one year. St. Croix County has reviewed the agreement and has signed. RECOMMENDATION Staff recommends that the Council review and approve Joint Powers Agreement between St. Croix County Wisconsin and the City of Stillwater Minnesota for the Loop Trail Snow Removal ACTION REQUIRED If the Council agrees with the recommendation they should pass a Resolution 2021- APPROVING JOINT POWERS AGREEMENT BETWEEN ST. CROIX COUNTY WISCONSIN AND THE CITY OF STILLWATER MINNESOTA FOR THE LOOP TRAIL SNOW REMOVAL. City of Stillwater Washington County, Minnesota RESOLUTION NO. 2021-XXX APPROVING JOINT POWERS AGREEMENT BETWEEN ST. CROIX COUNTY WISCONSIN AND THE CITY OF STILLWATER MINNESOTA FOR THE LOOP TRAIL SNOW REMOVAL WHEREAS, an agreement between St. Croix County in Wisconsin and the City of Stillwater to have the City of Stillwater clear snow on a portion of the Wisconsin side of The Loop trail has been prepared and presented to Council and WHEREAS the agreement terms are for one year, includes a $200 payment to the City each time the trail is cleared, indicates no salt be used, and indicates this section is the last priority of clearing for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreement presented to Council and on file with the office of the City Clerk is hereby approved and authorizes the Mayor and City Clerk to execute said agreement. Adopted by the City Council this 16th day of November 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk JOINT POWERS AGREEMENT BETWEEN ST. CROIX COUNTY, WISCONSIN AND THE CITY OF STILLWATER, MINNESOTA FOR THE LOOP TRAIL SNOW REMOVAL THIS AGREEMENT ("Agreement") is made this day of , 2021, by and between the City of Stillwater, Minnesota ("Stillwater") and St. Croix County, Wisconsin ("St. Croix County"), hereafter collectively referred to as "Parties." WHEREAS, St. Croix County, Wisconsin and Washington County, Minnesota are recognized as "border counties" of a "physically adjacent state," as defined by Wisconsin Statutes §§ 175.46(1)(a) and 175.46(1)(d); and WHEREAS, the City of Stillwater, Minnesota is located in Washington County, Minnesota and meets the definition of "political subdivision" as set forth in Wisconsin Statute § 175.46(1)(e); and WHEREAS, Minnesota Statute § 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties; and WHEREAS, there is a public trail that was constructed in both Stillwater and St. Croix County, which is depicted on Exhibit A ("Loop Trail") that requires snow removal; and WHEREAS, Stillwater and St. Croix County clear snow on certain public rights of way within their jurisdictions for the safety of their citizens; and WHEREAS, Stillwater and St. Croix County desire to have an agreement for snow removal for the Loop Trail to extend these services beyond their jurisdictions; and NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and subject to the provisions of Wisconsin Statute § 175.46, Minnesota Statute § 471.59, and all other applicable statutes, rules and regulations, Stillwater and St. Croix County agree as follows: Article I Snow Removal Services 1.1. Stillwater Public Works Director or designee hereby agrees to provide snow removal services for the portions of the Loop Trail as modified by and pursuant to the specifications articulated on Exhibit B ("Specifications"). Article II Prioritizing Services 2.1 It is the express understanding of the Parties that the first priority of Stillwater is to provide snow removal services within its own jurisdiction. It is understood that the Services contemplated in this Agreement shall be provided only after Stillwater has met its obligations 1 for snow removal services and only if it does not jeopardize the snow removal services provided within its jurisdiction. Article III Payment 3.1 Stillwater shall submit itemized bills for Services provided to St. Croix County on a monthly basis. St. Croix County agrees to pay Stillwater for the Services provided pursuant to the Payment Schedule which is articulated on Exhibit B. 3.2 Payment shall be due and payable within 30 days following receipt of an invoice from Stillwater for Services rendered. Article IV Liability 4.1 Stillwater shall be responsible for damages to or loss of its own equipment. Stillwater waives the right to bring a claim against St. Croix County for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers or employees. 4.2 For purposes of determining total liability for damages pursuant to Minnesota Statute § 471.59 (for activities in Minnesota) or pursuant to Wisconsin Statute § 893.80 (for activities in Wisconsin), the Parties are considered a single governmental unit and the total liability of the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes § 466.04, subd. 1 or Wisconsin Statute § 893.80. 4.3 No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to the other Party as described in this Agreement. 4.4 Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable state or federal benefits to personnel who respond or render assistance while providing the Services contemplated herein and sustain injury or death in the course of, and arising out of, their employment under this Agreement. Article V Insurance 5.1 During the performance of the Services under this Agreement, Stillwater shall maintain the following insurance: a. General Liability Insurance, with a limit of $1,500,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; 2 b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Stillwater shall furnish the St. Croix County with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to St. Croix County. St. Croix County shall be named as an additional insured on the Commercial General Liability Insurance policy. Article VI Data Practices 6.1 Notwithstanding Minnesota Statute § 13.82, subd. 24, Wisconsin Statute § 19.35, or any other provision of law, the Parties agree that for purposes of the Minnesota and Wisconsin Government Data Practices Acts and all other statutes and provisions of law related to data practices, data management and records retention, each Party shall remain the exclusive responsible authority for its own data management, for responses to data requests and for all aspects of records retention for any and all data that is collected, created, received, maintained or disseminated by the Party as a result of any activity arising out of this Agreement. Article VII Term 7.1 This Agreement shall commence ("Commencement Date") upon the last date it is approved by one of the Parties. 7.2 This Agreement shall remain in full force and effect for a period of one (1) year from its Commencement Date, unless terminated pursuant to Article VII or extended by written agreement of the parties. Article VIII Termination 8.1 Termination For Convenience. This Agreement may be terminated by either Party upon thirty (30) days written notice to the other Party. Such notice shall be delivered pursuant to Section 9.4. Termination shall not discharge any liability of the Parties during the term of this Agreement. 8.2 Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 3 Article IX General Provisions 9.1 Amendment. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same Parties who executed and approved the original Agreement, or their successors in office. 9.2 General Compliance. Both Parties agree to comply with all applicable federal, state and local laws and regulations governing any services provided under this Agreement. 9.3 Non -Discrimination. Both Parties agree to comply with the provisions of all applicable federal and state statutes and regulations pertaining to civil rights and nondiscrimination including, without limitation, Minnesota Statutes § 181.59 and Chapter 363A. 9.4 Notices. Notices shall be communicated to the following addresses: If to Stillwater: If to St. Croix County: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Public Works Director Shawn Sanders Or e-mailed: ssanders@ci.stillwater.mn.us Calls or emails to St. Croix County regarding Services can be forwarded to Stillwater Public Works: 651 275-4100 or pubwrks@ci. stillwater.mn.us St. Croix County 1101 Carmichael Rd. Hudson, WI 54016 Attn: Community Development Director Ellen Denzer Or emailed: ellen.denzer@sccwi.gov Calls or emails to City of Stillwater regarding other trail concerns, such as vandalism, should be sent to St. Croix County Community Development - Parks 715-716-0274 or 715-386-4680 or cdd@sccwi.gov 9.5 Delay In Performance Neither Stillwater nor St. Croix County shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; blizzards; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure supplies, materials, accesses, or services required to be provided by Stillwater. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to 4 the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 9.6 Severability. Should a court of competent jurisdiction rule any portion, section or subsection of this Agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shall remain in full force and effect. 9.7 Assignment. This Agreement is not assignable without the mutual written agreement of the Parties. 9.8 Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. [remainder of page intentionally blank] 5 CITY OF STILLWATER Ted Kozlowski, Mayor DATE: ATTEST: Beth Wolf, City Clerk 6 ST. CROIX COUNTY, WISCONSIN Ellen Denzer, Community Development Director DATE: 7 EXHIBIT A THE LOOP TRAIL fl St CroirRhar Crag inaLaop Tnf 5x CaaacNurrr 1U A EXHIBIT B SPECIFICATIONS AND PAYMENT SCHEDULE SPECIFICATIONS Stillwater shall perform the Loop Trail Services according to the following Specifications: 1. Clear a 7-foot-wide path on the Loop Trail, from Minnesota/Wisconsin line on the new Highway 36 bridge easterly and northerly along the trail to the Minnesota shoreline on the Lift Bridge. 2. Includes overlooks on new Highway 36 bridge. 3. Includes the south side of the trail only on the Houlton Hill from the east side of the Lift Bridge in Wisconsin to the top of the hill. 4. Does not include parking lots at the Hilltop Trailhead, located at top of the Houlton Hill, or at Blue Star Trailhead, located southeast and across from the Houlton Elementary. 5. No salt or brine will be used on the Loop Trail. 6. Not a "clear pavement" policy, which means the trail will not be free of ice or snow at all times. 7. No ice control except on the Houlton Hill where only sand will be used. 8. Snow removal will only occur during normal work hours (Monday -Friday 7:00am to 3:OOpm). 9. Earliest Loop Trail snow removal will begin 2 days after a snowfall event due to normal Stillwater city street priority public safety snow removal. 10. Snow removal may take more than 1 day to complete. 11. If any signage is needed relative to snow removal, the message, number of signs and locations will be jointly agreed to by St. Croix County and the City of Stillwater and St. Croix County Community Development will be responsible for purchase, installation, and removal. PAYMENT SCHEDULE 1. $200/per event or call out — min. snowfall = 1"; generally average 25 events/year. (Cost includes equipment and staff time hourly rates — est. 2 hrs/event.) 2. Restoration/sweeping extra cost. 3. Monthly invoices should be emailed to both Ellen.Denzer@sccwi.gov and Denice.Kistner@sccwi.gov or mailed to St. Croix County Community Development Department, Attn: Denice Kistner, 1101 Carmichael Road, Hudson, WI 54016. B Washington ^'County 1. 9:00 Roll Call Pledge of Allegiance FYI BOARD AGENDA November 16, 2021- 9:00 AM 2. 9:00 Comments from the Public Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, Chair, 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. Approve revision to Policy #6006 Advisory Committees, Boards, and Commissions. B. Approve Amendment No. 1 to License No. 6418 between Washington County and the State of Minnesota, Depai tiuent of Administration, acting for the benefit of the Department of Corrections. C. Adopt a resolution authorizing Community Services to extend special project staffing to administer the Emergency Rental Assistance (ERA) Program. D. Approval for reclassification of a Senior Social Worker - Clinical, to a Social Services Supervisor - Clinical. E. 1. Adopt a resolution authorizing a COVID-19 vaccination incentive program for county employees. 2. Adopt a resolution authorizing COVID-19 vaccination sick leave incentive for participating employees. F. Approval of the 2021 collective bargaining agreement with Law Enforcement Labor Services (LELS) Local #214 Deputy Sheriff Unit. G. Adopt a resolution designating David Brummel, Director of the Department of Public Health and Environment, as the Washington County Board of Health's Agent. H. Adopt a resolution certifying to the county auditor special assessments for Property Assessed Clean Energy (PACE) projects and order the county auditor to extend the assessments plus interest upon the property listed. 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 I. Approve Lease Agreement No. 14417 with the State of Minnesota Department of Public Safety, Driver and Vehicle Services for a driver exam station at the Stillwater License Center for the period of December 1, 2021, through November 30, 2026. J. Approve Contract No. 14409 with AMI Consulting Engineers to perform design services for the St. Croix Bluffs Regional Park boat launch area improvement project in the amount of $199,850.00. K. Approval to hire one part-time 0.34 FTE Radio Technician I for Washington County. 4. 9:10 General Administration - Kevin Corbid, County Administrator A. Report of attempted ACH payment redirection. 5. 9:25 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. 9:40 Board Correspondence 7. 9:40 Executive (Closed) Session - Public Works A. Executive (closed) session pursuant to Minn Stat. § 13D.05 subd. 3(c) to consider counteroffers for the certain lands located at PIDs 31.030.20.34.0002, 31.030.20.34.0003, and 31.030.20.34.0004, as it pertains to the County State Aid Highway 15 Manning Avenue and Trunk Highway 36 Interchange project. 8. 10:00 Executive (Closed) Session - Public Works A. Executive (closed) session pursuant to Minn Stat. § 13D.05 subd. 3(c) to review the updated appraisal for the property located at PIDs 05.031.20.33.0001 and 06.031.20.44.0001, as it pertains to its purchase for inclusion into Big Marine Park Reserve. 9. 10:20 Adjourn Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington . County 10. 10:25-10:55 Board Workshop with Property Records and Taxpayer Services A. Discuss proposed 2022 property taxes. 11. 11:00-11:30 Board Workshop with Public Works A. Provide information on the METRO Gold Line, including updated budget. 12. 11:30-11:45 Break 13. 11:45-12:15 Board Workshop with Administration A. Review the 2022 proposed Washington County budget. 14. 12:20 Finance Committee Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer