HomeMy WebLinkAbout2022-01-18 CC Agenda Packet216 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
January 18, 2022
REGULAR MEETING 7:00 P.M.
I.CALL TO ORDER
II. ROLL CALL
III.PLEDGE OF ALLEGIANCE
IV.RECOGNITIONS OR PRESENTATIONS
1.Distinguished Service Award – Officer Ryan Mitchell
2.Letter of Commendation – Officer Michael Mallet
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 – Change of Feb 1st City Council Meeting Due to Caucus
9.City Attorney
10.City Administrator – Strategic Plan Action Update
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.January 4, 2022 Regular and Recessed Meeting Minutes
12.Payment of Bills
13.Animal Humane Society Impound Housing Services Agreement for 2022
14.Brown’s Creek State Trail Hwy 5 Connection Letter of Support – Resolution
15.Case 2021-66 Rejecting Appeal and Upholding Planning Commission Approval of Conditional Use
Permit for Outside Storage at 1749 Greeley Street South – Resolution
16.Haulers Rolloff License for Schill’s Dumpster Services
17.LMC Liability Coverage Waiver Form
18.Participation in National Opiod Settlements – Resolution
19.Washington County Household Hazardous Waste Day License to Use Lily Lake – Resolution
VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less.
20.Case No. 2021-64 to consider a Zoning Text Amendment to modify the fence code regulations. Notice
was published in the Stillwater Gazette on January 7th, 2022. – Ordinance 1st Reading
IX.UNFINISHED BUSINESS
21.Chestnut Street Plaza Project Design Changes Requiring Contract Amendment
Page 2 of 2
City Council Meeting Agenda
January 18, 2022
22. Compensation Plan Wage Schedule Implementation – Resolution
23. Covid 19 Pandemic Updates
i. Update on OSHA Vaccine Mandate (no materials)
ii. Employer Paid Covid-19 Leave – Resolution
iii. Mask Requirment for City Staff in City Faciities (no materials)
24. Legislative Priorities Discussion – Potential Bonding Bill Request
X. NEW BUSINESS
25. Fire Department Staff Analysis/Proposal and Contract Award – Resolution
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
Page 1
CITY OF STILLWATER LIST OF BILLS
1ST Line/Leewes Ventures LLC Snacks for concessions 427.25
A-1 Hydraulic Sales & Service Equipment repair supplies 101.27
Ace Hardware Supplies 63.30
Action Rental Inc. Scissor Lift 160.00
Advance Auto Parts Equipment repair supplies 22.54
Advanced Graphix Inc. Vehicle graphics 317.00
Advanced Sportswear Uniforms 1,102.00
Airgas USA LLC Supplies 281.16
All American Arena Products Dasher board system 61,920.00
AMI Consulting Engineers PA Riverbank Stabilization 18,575.50
Animal Humane Society Pound charges 271.00
Arrow Sports Group Concession supplies 365.10
Astleford International Equipment repair charges 1,705.30
Atlas Outfitters Junkin littler coated mesh & flotation collar 1,012.75
Axon Enterprises Body Worn Cameras 63,771.71
Beartooth Design Scott Junker Fill Project 2,520.00
Becker Fire Safety Services LLC Extinguisher service 156.55
BHE Community Solar Solar Energy 2,977.81
BlueCross BlueShield of MN Inc. Retiree Health Insurance 12,831.50
BMI General Licensing Music license 391.00
Bolton & Menk Inc. Mid Oaks lift station rehab 4,848.50
Brueghel Judith Reimburse for breakfast items 30.85
Bureau of Crim. Apprehension Terminal access charge 270.00
Carey Daniel Reimburse for Work Boots 174.94
CDW Government Inc. Computer equipment 12,611.82
Century Link Telephones 434.35
Century Power Equipment Scraper blade 97.55
Cintas Corporation Mats, uniforms & towels 1,040.51
City of Woodbury 2022 SWAT participation 7,350.00
Coca-Cola Distribution Beverages for concessions 779.77
Comcast Telephone & cable 244.37
Community Thread Contribution 5,250.00
Corval Constructors Equipment repair 152.00
Cub Foods Grocery items 133.54
Dalco Janitorial supplies 430.42
ECM Publishers Public Hearing Publications 47.50
Electric Fire & Security Annual sprinkler & fire alarm 414.75
Electric Pump Echo Lane lift retro 45,935.00
Emergency Automotive Vehicle outfitting 2,392.98
Emergency Medical Products First aid supplies 21.79
Enterprise FT Trust Vehicle Lease 9,805.45
Ess Brothers & Sons Inc. Manhole protection rings 794.10
Flexible Pipe Tool Co. Equipment repair supplies 440.60
Frontier Ag & Turf Equipment repair 1,808.10
Gateway Cycle Bicycle tune ups 26.00
Goodin Company Unit heater 1,874.13
Gopher State One Call Inc. Locates 133.65
Granicus Inc Customizations 1,600.00
Page 2
Guardian Supply Uniforms 806.93
H&L Mesabi Snow cutting edge 4,756.00
Holiday Companies Vehicle washes 340.00
IAPE Membership 130.00
IdentiSys Supplies 407.05
Instrumental Research Water Testing 400.00
J.H. Larson Company Equipment repair supplies 74.43
Jefferson Fire and Safety Inc. Equipment 664.24
Kelly & Lemmons PA Prosecution 8,180.00
Kowalski's Market ICS Training meals 497.14
K-Tech Specialty Coatings Beet Heet Concentrate 859.30
Lawson Products Repair supplies 935.91
Leadership Growth Group LLC 2022 Leadership Growth Group 600.00
LegalShield Data Breach Recovery 129.50
LeVander Gillen Miller PA Professional Services 9,097.00
Lincoln National Life Insurance Co COBRA Life Insurance 3.60
Linde Gas & Equipment Cylinders 62.32
Loffler Companies Various IT 6,976.19
Mansfield Oil Company Fuel 18,588.61
Marshall Electric Company Lowell Park south mens room 238.00
MCFOA Membership 90.00
Menards Supplies 1,278.20
Metropolitan Council Monthly SAC 12,300.75
Metropolitan Council Environmental Wastewater Charge 171,634.30
Metropolitan Mechanical Contractors HVAC Inspection 896.50
MidAmerica Inc Vac Out Oil/Water Separator 1,351.70
Minnesota Assoc of Property & Evidence Techs Membership dues 35.00
MN Chiefs of Police Assoc. CLEO & Command Academy 930.00
MN Dept of Agriculture Pesticide Applicator License Renewal 30.00
MN Dept of Labor and Industry Quarterly Surcharge 5,862.39
MN Dept of Transportation Field inspection 984.14
MN DNR Ecological & Water Resources Water permit 11,455.65
MP Nexlevel LLC Locating 825.00
MPSTMA Membership 110.00
MSFDA Membership 450.00
Municode Legal review 3,375.00
National Recreation & Park Assoc. Membership Jason Grode 175.00
National Research Center/Polco Premium plan 268.49
Nesco LLC Seat cover 445.39
Office Depot Office supplies 954.00
OnSite Sanitation Portable Restroom 2,909.50
Otis Elevator Company Elevator repair 2,899.00
Oxygen Forensics Inc Renewal 143.74
Parts Alliance North Equipment repair supplies 1,267.69
Pepsi Beverages Company Beverages for concessions 808.00
Performance Plus LLC Medical evals 2,388.00
Pro-Tec Design Central station monitoring 335.40
Quill Corporation Office supplies 298.60
Ramirez Joshua Reimburse for tactical vest 589.50
Regions Hospital 2021 Education agreement 1,750.00
Page 3
Riedell Shoes Inc. Skates 280.05
Satter Mike Reimburse for work boots 200.00
Simplifile LC Filing Fees 251.25
Springbrook Software Monthly UB web payments 241.00
St. Croix Boat and Packet Co. Arena Billings 143,031.49
Stillwater Rotary Club Membership 145.00
Stillwater Towing Towing services 500.00
Stillwater Turf & Power LLC Equipment repair supplies 42.93
Target Solutions Learning TargetSolutions 8,482.83
Thomson Reuters Information Charges 158.12
TKDA Chestnut Civic Plaza 27,955.91
Toll Gas and Welding Supply Cylinders 48.11
Twin Cities Dots & Pop Treats for concessions 648.00
Uline Inc Janitorial supplies 915.32
Washington County Sheriffs Office 2022 Various Emergency Services 50,358.85
Washington Cty Historical Society Contribution 1,250.00
Water Conservation Services Inc Water Leak Detection 300.64
Wiland Associates Incident Commander Training 14,825.00
Winnick Supply Equipment repair supplies 204.56
Wolf Beth Reimburse for award frames 21.46
Xcel Energy Energy 1,189.82
Youth Service Bureau Contribution 2,750.00
Ziegler Inc. Equipment repair supplies 41.57
LIBRARY
Ace Hardware Janitorial Supplies 127.84
Amazon Business Supplies 496.93
Baker and Taylor Materials 21.83
Blackstone Audio Materials 146.37
Brodart Co Materials 6,104.97
Chan Karen Programs 350.00
Comcast Internet 188.10
Culligan of Stillwater Water 69.85
Faurot Kimberly Staff Reimbursement 152.80
Jacobsen Aurora Staff Reimbursement 231.59
Johnson Controls Inc. Maintenance Contract 1,685.66
Serendipity Art & Design Programs 125.00
Stillwater Printing Co. MN Drivers' Manuals 65.95
DECEMBER MANUAL
Tent Craft Tent for library 3,524.93
ADDENDUM
Advanced Systems Integration CC Microphones 8,576.25
Fields Karen Park Fee Refund 210.00
Nystrom Desiree Refund of double payment 198.40
Shilts Cindy Reimbursement 131.12
Page 4
Veterans Memorial Super Valu parking 4,347.00
Voyant Telephone 528.08
Xcel Energy Energy 16,657.38
TOTAL 846,484.53
Adopted by the Stillwater City Council this
18th day of January, 2022
Mayor Ted Kozlowski
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022‐
A RESOLUTION REJECTING AN APPEAL TO, AND UPHOLDING THE PLANNING
COMMISSION APPROVAL OF, A CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE
ASSOCIATED WITH STILLWATER TOWING TO BE LOCATED AT 1749 GREELEY
STREET SOUTH
CPC CASE NO. 2021‐57 & 2021‐66
WHEREAS, Rick Ritzer of RMR of Stillwater LLC (“Landowner”) owns property at
1749 Greeley Street South, legally described on Exhibit A (“Landowner Property”); and
WHEREAS, the property owner intends to operate his business, Stillwater Towing,
from the Landowner Property located in the Business Park – Industrial District zoning
district; and
WHEREAS, Stillwater Towing’s business operations include the outside storage of
automobiles; and
WHEREAS, Stillwater City Code Section 31-325, Allowable Uses in Non‐Residential
Districts, indicate Outside Storage is allowed by Conditional Use Permit (CUP) in the
Business Park – Industrial zoning district; and
WHEREAS, on September 23, 2021 the Landowner submitted a CUP application for
a Conditional Use Permit for outside storage to be allowed on the Landowner Property and
a Variance to the tree replacement requirements of the Tree and Forest Protection
regulations; and
WHEREAS, on October 25, 2021 the Stillwater Planning Commission opened and,
after taking public testimony, closed a public hearing regarding the Landowner’s outside
storage CUP and associated variance request; and
WHEREAS, at their October 25, 2021 meeting, the Stillwater Planning Commission
determined the proposed structure or use conforms to the requirements and the intent of
the zoning code, the comprehensive plan, relevant area plans and other lawful regulations
and that, with certain condition, the use or structure will not constitute a nuisance or be
detrimental to the public welfare of the community. In a 6-1 vote, the Commission moved
to conditionally approve the Conditional Use Permit but to deny the tree replacement
requirements of the City’s Tree and Forest Protection regulations; and
WHEREAS, on November 2, 2021 the City of Stillwater received two requests
appealing the decision of the Planning Commission. The first, from Tom and Miray
Coleman of 809 Everett Drive, Stillwater, objected to the Planning Commission’s
conditional approval of the outside storage Conditional Use Permit. The second, from the
landowner, appealed the Planning Commission’s denial of the variance to the tree
replacement requirements; and
WHEREAS, on December 3, 2021 the Landowner withdrew the tree replacement
variance request in writing; and
WHEREAS, on December 7, 2021 the Stillwater City Council opened and, after
taking public testimony, closed a public hearing regarding the Landowner’s outside storage
CUP. After deliberation and in a 5-0 vote, the Council elected to table consideration of the
matter to the January 4, 2022 meeting and directed staff to explore how approving outside
storage for automobiles might affect the BP-I district as well as strengthen
recommendation of approval; and
WHEREAS, on January 4, 2021 City staff presented requested information to the
Council and, after deliberation of the matter the Council determined outside automobile
storage is permissible in the BP-I district and, with certain condition, the proposed CUP
would conform to the requirements set forth in City Code for the issuance of the permit. In
a 4-1 vote, the Council moved to reject the appeal and uphold the Planning Commission’s
approval and directed staff to bring back an approval Resolution with appropriate
conditions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater
hereby rejects the appeal to CPC Case No. 2021-57 and upholds the Planning Commission’s
approval with the following conditions:
1. The site shall be developed in substantial conformance with the following plans
on file with CPC Case No. 2021-57 in the Community Development Department,
except as may be modified by the conditions herein:
a. Demolition Plan Sheet C100 Dated 9/15/2021
b. Paving Plan Sheet C200 Dated 9/15/2021
c. Grading Plan Sheet C300 Dated 9/15/2021
d. Utility Plan Sheet C600 Dated 9/15/2021
2. Outside storage of disabled, abandoned, and/or impounded vehicles shall occur
either in enclosed buildings or fenced and screened outdoor locations as
depicted on the plans cited in these permit conditions.
3. Outside storage of disabled, abandoned, and/or impounded vehicles shall be
stored in an orderly manner, similar to that of a striped commercial parking lot.
4. Disabled, abandoned, and/or impounded vehicles may not be stored onsite for
greater than 180 days.
5. The property shall not be used for the sales of vehicles, parts or salvage
operations.
6. The property shall not be utilized for rental storage.
7. Improved parking areas to the north and south of the building shall be used for
customer, staff and business vehicle trucks. These parking areas shall not
involve sales, dead storage, repair work, or dismantling of any kind. Temporary
parking of vehicles or those waiting for repair or customer pickup may occur in
non-screened areas for a period of 48 hours or less.
8. Prior to outside storage occurring on the east 1.3 acres of disturbed area, the
property owner must improve the surface material to City Code standards.
Plans for improvement shall be submitted to and reviewed/approved by the City
Engineering Department prior to ground disturbance.
9. A 10’ opaque fence of quality design shall be installed. Additionally, it shall be
surrounded by year-round landscaping including, but not limited to coniferous
trees and shrubs. Prior to the installation of the fence, the owner shall secure
necessary fence and/or building permits from the City of Stillwater.
10. The property owner shall submit a detailed landscape plan, developed by a
landscape professional, which shows:
a. Any significant trees removed above the allotted 35%, replaced on a 1:1
basis.
b. All areas of a lot not used or improved for parking, driveways, or storage
areas shall be landscaped with a combination of trees, shrubs, flowers,
and ground cover.
c. Landscaping that will grow up within three years to cover 50% of the fence
face area on the front and side yards.
d. Landscaping that will grow up within three years to cover greater than
50% of the fence area on the rear yard. This landscaping can incorporate
existing vegetation so long as it does not contain nuisance, noxious, or
invasive species.
e. No more than 50% of the required trees shall be of one species.
f. Seeding, with seed mix identified, of all disturbed areas.
The landscaping plan shall be reviewed and approved by the City Natural
Resource Technician, or designee prior to the issuance of building, fence, and/or
grading permits.
11. The property owner shall submit a photometric plan with shop drawings of
light-type for review by City staff prior to the issuance of a building, grading,
and/or fencing permit. Light source screened from adjacent properties/cut-off
screen to direct lighting downward from source.
12. A grading permit shall be required prior to earthwork commencement and the
City shall retain a commercial grading permit escrow deposit for the work.
a. The escrow deposit shall be held for a minimum of one year after all
stormwater management and landscaping has been installed and inspected.
b. In the event the stormwater improvements are insufficient, erosion is
occurring, or landscaping or trees have died after a full growing seasonal, the
City retains the right to utilize the escrow funds to make necessary repairs.
13. The MSCWMO’s conditions shall be incorporated into the grading permit plans.
a. Final construction plans are provided with details of proposed stormwater
management facilities including identification of a test method to
demonstrate the infiltration basins are functioning, a way to visually verify
the underground system is operating as designed, and adequate construction
guidance to prevent clogging or compaction.
b. A SWPPP is provided with contact information and training requirements for
responsible parties, a 7-day time frame for stabilization, requirements for
maintenance and inspection records, and ESC item tabulated quantities.
c. Conveyances of easements or maintenance agreements, or both for the
portions of the property which lie below the 100-year flood level for
stormwater management facilities and are provided.
d. A maintenance agreement is provided.
14. Final plans shall be reviewed and approved by the City Engineering Department
prior to project commencement.
15. Environmental testing of the water runoff would occur for two consecutive
years. The property owner will be responsible for providing documentation to
the City of Stillwater for verification this has occurred.
16. Retaining walls over four feet in height require a building permit and must be
designed by a licensed engineer.
17. Prior to the release of a grading permit, the property owner shall secure a
private utility easement from the property owner below the outlet area.
18. The owner will need to combine properties with Washington County Property
Records and Taxpayer services prior to the City’s issuance of a building, grading,
or fence permit.
19. The property owner shall obtain permission from Washington County for work
needed on Greeley Street South which may include, but not be limited to, a
highway access permit.
20. This Conditional Use Permit for outside storage is subject to review upon
complaints from the neighborhood. If in the opinion of the Community
Development Director the complaints are substantiated, a public hearing must
be held at which time additional conditions may be added to this permit or, in
the alternative, the use permit may be revoked.
21. All changes to the approved plans will need to be reviewed and approved by the
Community Development Director. Any significant changes must be approved
by the City Council.
Enacted by the City Council of the City of Stillwater, Minnesota this 18th day of January,
2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
J. Thomas McCarty, Acting City Clerk
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
January 18, 2022
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. RECOGNITIONS OR PRESENTATIONS
1. Distinguished Service Award – Officer Ryan Mitchell
2. Letter of Commendation – Officer Michael Mallet
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 – Change of Feb 1st City Council Meeting Due to Caucus
9. City Attorney
10. City Administrator – Strategic Plan Action Update
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. January 4, 2022 Regular and Recessed Meeting Minutes
12. Payment of Bills
13. Animal Humane Society Impound Housing Services Agreement for 2022
14. Brown’s Creek State Trail Hwy 5 Connection Letter of Support – Resolution
15. Case 2021-66 Rejecting Appeal and Upholding Planning Commission Approval of Conditional Use
Permit for Outside Storage at 1749 Greeley Street South – Resolution
16. Haulers Rolloff License for Schill’s Dumpster Services
17. LMC Liability Coverage Waiver Form
18. Participation in National Opiod Settlements – Resolution
19. Washington County Household Hazardous Waste Day License to Use Lily Lake – Resolution
VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less.
20. Case No. 2021-64 to consider a Zoning Text Amendment to modify the fence code regulations. Notice
was published in the Stillwater Gazette on January 7th, 2022. – Ordinance 1st Reading
IX. UNFINISHED BUSINESS
21. Chestnut Street Plaza Project Design Changes Requiring Contract Amendment
Page 2 of 2
City Council Meeting Agenda
January 18, 2022
22. Compensation Plan Wage Schedule Implementation – Resolution
23. Covid 19 Pandemic Updates
i. Update on OSHA Vaccine Mandate (no materials)
ii. Employer Paid Covid-19 Leave – Resolution
iii. Mask Requirment for City Staff in City Faciities (no materials)
24. Legislative Priorities Discussion – Potential Bonding Bill Request
X. NEW BUSINESS
25. Fire Department Staff Analysis/Proposal and Contract Award – Resolution
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
January 4, 2022
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:34 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill
Finance Director Provos
Fire Chief Glaser
Police Chief Mueller
Public Works Director Sanders
IT Manager Holman
Library Director Troendle
OTHER BUSINESS
City Administrator Vacancy Recruitment Selection
Mark Casey, David Drown Associates, led discussion of the 13 semi-finalist candidates.
Motion by Councilmember Junker, seconded by Councilmember Collins, to authorize the
consultant to confirm Candidates #4, 11, 12 and 13 as potential finalists. All in favor.
Compensation Market Review Draft Final Report – GovHR USA
Joellen Cademartori, CEO of GovHR USA, explained the process used to complete the market
survey and analysis of the City’s wage schedule. She reviewed the Draft Final Report and
Recommendations.
City Administrator McCarty stated that a resolution will be presented for City Council
consideration at its January 18, 2022 meeting.
Motion by Councilmember Polehna, seconded by Councilmember Collins, to accept the report
and move forward with cost analysis of implementation. All in favor.
Bridgeview Park/Bergstein Shoddy Mill Reuse Plan Update
Community Development Director Gladhill reviewed the following regarding the Bergstein
Shoddy Mill and Bridgeview Park: a revised cost estimate/design for a transient dock
($500,000 or $750,000 with contingency); revised cost estimate for Bergstein Shoddy Mill
rehabilitation ($300,000-500,000 for basic structural repairs only, or $600,000-$1 million
for tenant improvements/able to lease); and anticipated Historic Preservation review
process and timeframe. He listed the regulatory bodies involved and anticipated uses from
City Council Meeting January 4, 2022
Page 2 of 8
the Reuse Study. He requested direction on next steps for Phase I Improvements, and
suggested that the City Council authorize a Request for Interest (RFI) to better understand
potential uses and how they conform/do not conform to historic preservation standards.
That will help filter desirable uses and choose an alternative to explore in greater detail. At
this time, Staff recommends that energy be focused on securing funding based on current
cost estimates before other activities. The City can still work with interested users to better
refine potential uses, cost implications and other financial considerations in the meantime.
Councilmember Junker remarked that if the stands and props were taken down, the
buildings could fall over. Trying to create something out of two buildings that cannot even
stand on their own may not be a good use of funds.
Mr. Gladhill responded that the City needs to do something because currently the buildings
are vulnerable to animals and graffiti. There is a way to shore the buildings up so they are
not structurally substandard, but it is costly. The case could be made for inclusion in the
State bonding bill. He does not think demolition is an option because MnDOT spent $1
million to move those two buildings as part of the mitigation of the new bridge.
Councilmember Odebrecht agreed the buildings are poorly maintained, yet they have
significant historic value because there is little Jewish history in this part of the country. The
City should tell legislators that the City took on a lot, and these have historic value.
Mayor Kozlowski stated bringing the buildings up to code is way too much for the City to
undertake. Because they were part of federal legislation on the bridge, the issue is bigger
than just Stillwater. He suggested reaching out to Congresswoman McCollum to see if there
is any possibility of funding.
Councilmember Odebrecht stated it should be a public/private partnership.
Mr. Gladhill stated that if the Council wishes to pursue State or Federal funding, the request
would be bolstered if there is interest in a particular project. Staff can help connect with
potential team members and pull together a preferred public/private partnership. He
suggested the Council authorize an RFI to see who is interested in occupying the space.
Councilmember Polehna stated he would like to see the Parks & Recreation Commission
involvement. He would also would like to get going on the dock project.
Mayor Kozlowski agreed he would like to see the public dock closer to downtown.
Mr. Gladhill stated staff can look into a better way to partner with St. Croix Boat & Packet.
The Council consensus was to direct staff to move forward with an RFI for reuse of the
Bergstein buildings.
STAFF REPORTS
Public Works Director Sanders stated that the World Snow Sculpting Championship
committee asked the City to provide trucks to haul snow from Afton Alps, but they need a
loader to load the snow into the trucks. Getting that equipment there would be difficult for
the City because there is no trailer to haul it. Councilmembers agreed it is okay for the City
to assist with the trucks, but the City cannot provide a loader as well.
Police Chief Mueller updated the Council on Department activities. Officers are part of an
inter-jurisdictional team supporting Washington County and the East Metro. Incident
City Council Meeting January 4, 2022
Page 3 of 8
response training will start tomorrow. Many City resources have gone into the snow
sculpting event. Officers are working closely with businesses and residents to help the
homeless. Officers continue responding to many mental health related calls.
Fire Chief Glaser informed the Council that 2021 ended with 2,276 calls, a 15% increase
from 2020. There will be a blood drive January 11. The staffing study RFP will close on
Friday. There are eight candidates for the firefighter engineer position. The Fire Department
will turn 150 years old on May 28, 2022.
Community Development Director Gladhill stated that the Department is focusing on
replacing Zoning Administrator Tait who will leave next week. The Chestnut Street Plaza
plans are under MnDOT review and there have been some plan changes. Staff is looking for
cost effective ways to stop people jumping from the fourth floor of the parking ramp onto
the Lowell Inn roof. Demolition of the 200 Chestnut Building will start around February 1.
City Clerk Wolf provided a redistricting update. The Charter Commission supports the
proposed boundary change. Staff would like to reduce the number of polling locations to
one per ward. A public meeting to gain input will be held in March.
City Attorney Land told the Council her law office has moved to a new location in Eagan.
City Administrator McCarty shared an OSHA vaccination mandate update. Pending a
Supreme Court decision, the City must ensure its policy reflects OSHA vaccination
requirements. The implementation date would be January 10. Staff will meet soon to review
event policies and bring back February 1 for discussion.
IT Manager Holman updated the Council on Department activities. Cameras were installed
at the Fire Department and in process at the Rec Center, City Hall and Teddy Bear Park. Staff
is working on forensic storage for the Police Department, and has been doing ICS training
and patching for a vulnerability that came out last week. Later this year, staff will start
looking at the IT security assessment.
Library Director Troendle shared information on library events, the winter reading
program, and new technology help sessions.
RECESS
Mayor Kozlowski recessed the meeting at 6:01 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:00 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill
Finance Director Provos
Fire Chief Glaser
Police Chief Mueller
City Council Meeting January 4, 2022
Page 4 of 8
Public Works Director Sanders
City Planner Wittman
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
RECOGNITIONS OR PRESENTATIONS
Proclamation –150th Anniversary of the Stillwater Fire Dept
Mayor Kozlowski recognized the 150th anniversary of the formation of the Stillwater Fire
Department and proclaimed 2022 as Stillwater Fire Department 150th Anniversary.
Fire Chief Glaser told about the history of the Stillwater Fire Department, summarized the
responsibilities of the Department, and recognized retired firefighters in attendance.
OPEN FORUM
Roger Tomten, Sustainable Stillwater, thanked Zoning Administrator Tait for all his work
with GreenStep Cities and Sustainable Stillwater.
Louise Hansen, 212 Second St N., requested a crosswalk be marked at Second and
Commercial Streets. Public Works Director Sanders stated the City can paint a crosswalk
this summer, but every intersection is considered a pedestrian crosswalk whether marked
or unmarked.
CONSENT AGENDA
December 21, 2021 regular meeting minutes
Payment of Bills
Resolution 2022‐001, Designating a Responsible Authority and Assigning Duties in
Accordance with the State of Minnesota Data Practices Statute
Resolution 2022‐002, a Resolution Approving City Employees as the Official
Designated City Authority to Make Electronic Funds Transfers
Resolution 2022‐003, Designation of Depositories for 2022
Resolution 2022‐004, Resolution Approving the City of Stillwater 2022 Fee Schedule
Resolution 2022‐005, Resolution Granting License to St. Croix Sauna for the
Operation of a Mobile Sauna Located in the Water Street Inn Parking Lot
Brian’s Bar Bocce Ball Tournament Event Application
2022 Pay Equity Report
Councilmember Polehna asked that Resolution 2022‐005, Resolution Granting License to
St. Croix Sauna for the Operation of a Mobile Sauna Located in the Water Street Inn Parking
Lot, be removed from the Consent Agenda. He thinks it is inappropriate for the City to
provide utilities for a private business. They should provide their own utilities.
Mayor Kozlowski countered that this is a first time request. The Council denied their initial
request for a public parking lot, suggesting they put it on private property. Now they are
doing that but power must be run from the public lot. He asked how payment is calculated.
City Council Meeting January 4, 2022
Page 5 of 8
Mr. Gladhill stated the fee schedule states $20/day, charged only for the days they are in
operation. The sauna probably would not use $20 per day of electricity. The power is for
their LED lights only. The sauna is powered by wood fire.
Mayor Kozlowski stated he has no problem with the request, with the caveat that if the snow
sculpting event needs that box, that event will have priority.
Councilmember Junker stated this is a bigger picture issue that the Council and staff need to
work on this winter. He would prefer to wait until the Council can discuss how to handle
these types of requests consistently throughout the whole downtown.
Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt the
Consent Agenda as amended. All in favor.
Mayor Kozlowski stated he does not think approving the request would set a precedent.
Councilmember Junker commented that the outdoor ice rink and most events are over
February 28, so he sees no reason to extend this amenity past February 28.
Councilmember Odebrecht stated more cost accounting is needed. He agrees with
Councilmembers Polehna and Junker that, if approved it should end February 28.
Jeff Freitag, St. Croix Sauna, stated using the City’s power source is the easiest and most
advantageous way to keep the sidewalk clear. There is a manufactured box by the parking
gate, but it is not ready to put power in. They would use a very limited amount of power that
would probably cost 25 cents a day. He would have an issue with ending it in February
because it’s not correlated with the other events and they are trying to make a go of the
business.
Councilmember Odebrecht stated it should be a policy-driven decision with numbers
behind it. The applicant has done a good job getting off public property. He fully understands
the need to stop putting public funds toward private ventures but to get moving on this, he
will move to approve.
Motion by Councilmember Odebrecht, seconded by Mayor Kozlowski, to adopt Resolution
2022‐005, Resolution Granting License to St. Croix Sauna for the Operation of a Mobile Sauna
Located in the Water Street Inn Parking Lot through April 30, 2022. Motion failed 2-3 with
Councilmembers Collins, Junker and Polehna voting nay.
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
Case No. 2021‐66, Miray and Tom Coleman to appeal CPC Case 2021-57 on the Planning
Commission’s approval of a Conditional Use Permit for outside storage and denial of a Variance
to the City’s Tree and Forest Protection Requirements for property located at 1749 Greeley St
S in the BP-I District.
City Planner Wittman reviewed the history of the case. The applicants are requesting
reconsideration of a Conditional Use Permit that was approved for Outside Storage in the
BP-I District for a vehicle impound lot associated with Stillwater Towing. Since the Council’s
City Council Meeting January 4, 2022
Page 6 of 8
December 7, 2021 meeting, City staff has researched the history of the zoning classification,
historic and current Comprehensive Plan policies and goals, aerial imagery, historic City
Code changes and use permit history. She summarized staff’s research findings, and
referred to the North American Industry Classification System, which helps define “like”
uses. Ms. Wittman provided a letter from the applicant’s attorney which was distributed to
the Council on December 28, 2021. There appear to be clear indications that the intent of
City Code was to restrict the outdoor storage of automobiles as a primary use within the BP-
I zoning district. Furthermore, after all the research conducted after the Planning
Commission meeting, staff now points out that the application fails on several fronts and
does not conform to the intent of the Zoning Code, is not consi stent with the Comprehensive
Plan, and would be a nuisance to the public welfare. Therefore, staff recommends that the
City Council overturn the Planning Commission’s approval.
Mayor Kozlowski asked why consider cars differently than other items that are stored
outdoors; and Ms. Wittman responded the approval was appealed. The Planning
Commission made the findings that automobiles are okay. Staff is saying that given the fact
that this is going to be a 24 hour operation, there is a potential for nuisance due to noise in
the neighborhood. There are no conditions in the current location; it is a legal
nonconforming use.
Mayor Kozlowski remarked, if they cross the street it’s a nuisance but if they stay where
they are, it’s not? Right now the business is 10’ from homes. If it moves it would be 450’
away from homes.
Ms. Wittman stated that is a very valid question. The business as it is is not generating
complaints requiring any sort of enforcement action.
Mayor Kozlowski inquired about environmental conditions; and Ms. Wittman stated staff
believes the conditions that were presented to the Planning Commission are sufficient. The
Planning Commission even amended them to include additional testing beyond
requirements of the Watershed Management Organization. There are currently no
environmental conditions related to the current property.
Public Works Director Sanders added that the new location flows into Brick Pond before it
flows into Lily Lake. The current location flows directly into Lily Lake.
Councilmember Odebrecht pointed out that the Watershed District signed off on the
mitigation plan for the new location.
Mayor Kozlowski acknowledged the City code is messy. This area has been industrial and
commercial long before it was even part of Stillwater. With outdoor storage being allowed
by CUP, staff struggled to figure out if that includes automobiles. The applicant reached out
to the City and was told that outdoor storage is outdoor storage and requires a CUP. The
main issue for the residents does not get solved if the Council denies the application. The
issue is they live next to an industrial zoning district and that is not going to change. What
is important is to figure out the conditions to attach to this use to try to protect the residents
as much as possible. If the Council denies this application, and the property gets sold, a new
company could stack 55 gallon drums in that parking lot. The proposed site is better, safer,
and further away from homes than the current location. The conditions he thinks should be
discussed are: duration of vehicle storage, limiting the number of cars that can be stored,
City Council Meeting January 4, 2022
Page 7 of 8
landscaping/fencing, screening, tree growth and all the environmental conditions that have
already been outlined.
Councilmember Odebrecht agreed there are a number of outright permitted uses that would
not come before the Council and would just be allowed.
Councilmember Junker noted that the City issued six SUPs in that area in the 1990s for
different businesses. There is presently a lot of storage in that area with no screening.
Councilmember Polehna stated he is struggling with the storage of cars, though it appears
to be the best site for that business. Gas trucks ran out of that location for years.
Ms. Wittman reminded the Council that the case before them is for outside storage. If the
Council is favorable, it is about conditions. But staff notes that no matter what happens, a
code amendment will probably be needed to provide clarification for this and future
property owners.
Mayor Kozlowski stated he is concerned about how to ensure the neighbors would not see
or hear the business, and that there is appropriate screening and foliage.
Councilmember Collins stated he is not in favor of the application and that the size of the
storage area is being increased, but if it moves forward, one of his concerns is the
maintenance agreement and how to know that 25 or 50 years from now, the property owner
will adhere to the conditions.
Community Development Director Gladhill stated that code enforcement currently is on a
complaint basis.
Mayor Kozlowski stated he is inclined to approve the application and would love to have a
neighborhood meeting to make sure neighbors are satisfied with the conditions before it
comes back to the Council.
Councilmember Junker stated he would support that but there should be suggested
conditions because he is not sure that the applicant can come to concurrence with the
neighbors.
Councilmember Collins stated that from the public hearing and the correspondence, the
neighbors have been loud and clear, and he does not think a meeting will solve anything.
City Attorney Land clarified that conditions are not negotiated solely according to the
desires of the neighbors; they must be reasonable. The action requested of the Council is to
uphold the appeal, which is to overturn the Planning Commission and deny the application.
Staff would then come back to next meeting with findings for denial. If that is not supported,
then the action is rejecting/denying the appeal and upholding the decision of the Planning
Commission.
Motion by Councilmember Junker, seconded by Councilmember Polehna, to reject the appeal
and uphold the Planning Commission decision, and to direct staff to return with finalized
conditions of approval. Motion passed 4-1, with Councilmember Collins voting nay.
City Council Meeting January 4, 2022
Page 8 of 8
NEW BUSINESS
Council Representative Appointments to Boards and Commissions
Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution
2022‐006, Designation of Council Representatives for 2022 Boards and Commissions. All in
favor.
Designation of Vice Mayor
Motion by Mayor Kozlowski, seconded by Councilmember Junker, to adopt Resolution 2022‐
007, Designating Council Vice Mayor for 2022. All in favor.
Water Street No Parking Request
Public Works Director Sanders explained that staff recommends parking be prohibited on
the west side of Water Street between Myrtle and Mulberry to eliminate bottlenecks and
create better traffic flow. The Downtown Parking Commission recommends approval.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution
2022‐008, Authorizing No Parking on the West Side of Water Street from Myrtle Street to
Mulberry. All in favor.
COUNCIL REQUEST ITEMS
There were no Council request items.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor.
The meeting was adjourned at 8:35 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2022‐001, Designating a Responsible Authority and Assigning Duties in
Accordance with the State of Minnesota Data Practices Statute
Resolution 2022‐002, a Resolution Approving City Employees as the Official
Designated City Authority to Make Electronic Funds Transfers
Resolution 2022‐003, Designation of Depositories for 2022
Resolution 2022‐004, Resolution Approving the City of Stillwater 2022 Fee Schedule
Resolution 2022‐006, Designation of Council Representatives for 2022 Boards and
Commissions
Resolution 2022‐007, Designating Council Vice Mayor for 2022
Resolution 2022‐008, Authorizing No Parking on the West Side of Water Street from
Myrtle Street to Mulberry
Page 1
CITY OF STILLWATER LIST OF BILLS
1ST Line/Leewes Ventures LLC Snacks for concessions 427.25
A-1 Hydraulic Sales & Service Equipment repair supplies 101.27
Ace Hardware Supplies 63.30
Action Rental Inc. Scissor Lift 160.00
Advance Auto Parts Equipment repair supplies 22.54
Advanced Graphix Inc. Vehicle graphics 317.00
Advanced Sportswear Uniforms 1,102.00
Airgas USA LLC Supplies 281.16
All American Arena Products Dasher board system 61,920.00
AMI Consulting Engineers PA Riverbank Stabilization 18,575.50
Animal Humane Society Pound charges 271.00
Arrow Sports Group Concession supplies 365.10
Astleford International Equipment repair charges 1,705.30
Atlas Outfitters Junkin littler coated mesh & flotation collar 1,012.75
Axon Enterprises Body Worn Cameras 63,771.71
Beartooth Design Scott Junker Fill Project 2,520.00
Becker Fire Safety Services LLC Extinguisher service 156.55
BHE Community Solar Solar Energy 2,977.81
BlueCross BlueShield of MN Inc. Retiree Health Insurance 12,831.50
BMI General Licensing Music license 391.00
Bolton & Menk Inc. Mid Oaks lift station rehab 4,848.50
Brueghel Judith Reimburse for breakfast items 30.85
Bureau of Crim. Apprehension Terminal access charge 270.00
Carey Daniel Reimburse for Work Boots 174.94
CDW Government Inc. Computer equipment 12,611.82
Century Link Telephones 434.35
Century Power Equipment Scraper blade 97.55
Cintas Corporation Mats, uniforms & towels 1,040.51
City of Woodbury 2022 SWAT participation 7,350.00
Coca-Cola Distribution Beverages for concessions 779.77
Comcast Telephone & cable 244.37
Community Thread Contribution 5,250.00
Corval Constructors Equipment repair 152.00
Cub Foods Grocery items 133.54
Dalco Janitorial supplies 430.42
ECM Publishers Public Hearing Publications 47.50
Electric Fire & Security Annual sprinkler & fire alarm 414.75
Electric Pump Echo Lane lift retro 45,935.00
Emergency Automotive Vehicle outfitting 2,392.98
Emergency Medical Products First aid supplies 21.79
Enterprise FT Trust Vehicle Lease 9,805.45
Ess Brothers & Sons Inc. Manhole protection rings 794.10
Flexible Pipe Tool Co. Equipment repair supplies 440.60
Frontier Ag & Turf Equipment repair 1,808.10
Gateway Cycle Bicycle tune ups 26.00
Goodin Company Unit heater 1,874.13
Gopher State One Call Inc. Locates 133.65
Granicus Inc Customizations 1,600.00
Page 2
Guardian Supply Uniforms 806.93
H&L Mesabi Snow cutting edge 4,756.00
Holiday Companies Vehicle washes 340.00
IAPE Membership 130.00
IdentiSys Supplies 407.05
Instrumental Research Water Testing 400.00
J.H. Larson Company Equipment repair supplies 74.43
Jefferson Fire and Safety Inc. Equipment 664.24
Kelly & Lemmons PA Prosecution 8,180.00
Kowalski's Market ICS Training meals 497.14
K-Tech Specialty Coatings Beet Heet Concentrate 859.30
Lawson Products Repair supplies 935.91
Leadership Growth Group LLC 2022 Leadership Growth Group 600.00
LegalShield Data Breach Recovery 129.50
LeVander Gillen Miller PA Professional Services 9,097.00
Lincoln National Life Insurance Co COBRA Life Insurance 3.60
Linde Gas & Equipment Cylinders 62.32
Loffler Companies Various IT 6,976.19
Mansfield Oil Company Fuel 18,588.61
Marshall Electric Company Lowell Park south mens room 238.00
MCFOA Membership 90.00
Menards Supplies 1,278.20
Metropolitan Council Monthly SAC 12,300.75
Metropolitan Council Environmental Wastewater Charge 171,634.30
Metropolitan Mechanical Contractors HVAC Inspection 896.50
MidAmerica Inc Vac Out Oil/Water Separator 1,351.70
Minnesota Assoc of Property & Evidence Techs Membership dues 35.00
MN Chiefs of Police Assoc. CLEO & Command Academy 930.00
MN Dept of Agriculture Pesticide Applicator License Renewal 30.00
MN Dept of Labor and Industry Quarterly Surcharge 5,862.39
MN Dept of Transportation Field inspection 984.14
MN DNR Ecological & Water Resources Water permit 11,455.65
MP Nexlevel LLC Locating 825.00
MPSTMA Membership 110.00
MSFDA Membership 450.00
Municode Legal review 3,375.00
National Recreation & Park Assoc. Membership Jason Grode 175.00
National Research Center/Polco Premium plan 268.49
Nesco LLC Seat cover 445.39
Office Depot Office supplies 954.00
OnSite Sanitation Portable Restroom 2,909.50
Otis Elevator Company Elevator repair 2,899.00
Oxygen Forensics Inc Renewal 143.74
Parts Alliance North Equipment repair supplies 1,267.69
Pepsi Beverages Company Beverages for concessions 808.00
Performance Plus LLC Medical evals 2,388.00
Pro-Tec Design Central station monitoring 335.40
Quill Corporation Office supplies 298.60
Ramirez Joshua Reimburse for tactical vest 589.50
Regions Hospital 2021 Education agreement 1,750.00
Page 3
Riedell Shoes Inc. Skates 280.05
Satter Mike Reimburse for work boots 200.00
Simplifile LC Filing Fees 251.25
Springbrook Software Monthly UB web payments 241.00
St. Croix Boat and Packet Co. Arena Billings 143,031.49
Stillwater Rotary Club Membership 145.00
Stillwater Towing Towing services 500.00
Stillwater Turf & Power LLC Equipment repair supplies 42.93
Target Solutions Learning TargetSolutions 8,482.83
Thomson Reuters Information Charges 158.12
TKDA Chestnut Civic Plaza 27,955.91
Toll Gas and Welding Supply Cylinders 48.11
Twin Cities Dots & Pop Treats for concessions 648.00
Uline Inc Janitorial supplies 915.32
Washington County Sheriffs Office 2022 Various Emergency Services 50,358.85
Washington Cty Historical Society Contribution 1,250.00
Water Conservation Services Inc Water Leak Detection 300.64
Wiland Associates Incident Commander Training 14,825.00
Winnick Supply Equipment repair supplies 204.56
Wolf Beth Reimburse for award frames 21.46
Xcel Energy Energy 1,189.82
Youth Service Bureau Contribution 2,750.00
Ziegler Inc. Equipment repair supplies 41.57
LIBRARY
Ace Hardware Janitorial Supplies 127.84
Amazon Business Supplies 496.93
Baker and Taylor Materials 21.83
Blackstone Audio Materials 146.37
Brodart Co Materials 6,104.97
Chan Karen Programs 350.00
Comcast Internet 188.10
Culligan of Stillwater Water 69.85
Faurot Kimberly Staff Reimbursement 152.80
Jacobsen Aurora Staff Reimbursement 231.59
Johnson Controls Inc. Maintenance Contract 1,685.66
Serendipity Art & Design Programs 125.00
Stillwater Printing Co. MN Drivers' Manuals 65.95
DECEMBER MANUAL
Tent Craft Tent for library 3,524.93
1
Animal Humane Society
and
City of Stillwater
Letter of Understanding for Impound Housing Services
2022
1. Animal Humane Society (AHS) agrees to provide the following services:
a. Housing for stray or abandoned animals that are retrieved or legally seized by your
municipality’s community service officer (CSO) or animal control officer (ACO), or for
stray animals that are brought into the shelter by a citizen and verbal permission is
given by your agency via phone for intake. Housing includes kennel space, daily
cleaning, food and water.
b. AHS is unable to house wildlife or farm animals.
i. Exceptions can be made for chickens with prior approval of the site manager at
AHS.
c. Herd management vaccination following our standard vaccination protocols, as well as
medically necessary and/or emergency care for sick or injured animals impounded
during regular business hours.
d. Euthanasia services as deemed necessary by an AHS veterinarian. These services may
be provided at the end of the legally required holding period or in the case of a medical
situation that requires immediate euthanasia.
e. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be
evaluated for these services at the end of the legally required holding period.
f. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff.
The animals will be evaluated for these services at the end of the legally required
holding period.
g. Provide animal rabies quarantine or diagnostic service for stray felines or canines that
have bitten a person.
h. Hold animal for the legally required stray holding period: 5 days in MN, 4 Days in WI
if a live release, 7 days in WI if euthanized or until reclaimed by owner within this
holding period.
i. AHS will follow internal policy and best practice for unclaimed animals. City of
Stillwater may request and view AHS policies at any time.
2. AHS expectations:
a. AHS is not responsible for sick or injured animals that are left after hours. Outside
treatment must be sought for these animals by the animal control officer or community
service officer prior to leaving the animals at the AHS facility when veterinary staff
members are not on duty.
2
b. AHS has the sole authority to disposition all animals that have not been reclaimed upon
the expiration of the legally designated holding period.
c. AHS will not accept feral cats seized under municipal authority by your municipality’s
CSO or ACO.
d. AHS is not responsible for collecting any fees from an owner for a municipality.
3. City of Stillwater agrees to:
a. Adhere to the drop off procedure set forth by AHS including animal housing at the
shelter and paperwork. Drop off procedures and paperwork training for community
service or animal control officers will be provided.
b. Adhere to state laws and local ordinances that apply to the handling of stray or
abandoned animals and the seizure and return of animals to their owners.
c. Direct citizens where to take stray animals when not receiving permission for
impoundment at AHS.
d. Seek care for injured or sick animals prior to drop off in the event that it is after hours
and/or AHS veterinary staff is not on duty.
e. Pay the designated fees for each animal cared for from your municipality.
i. AHS will charge a standard hold fee of $208 per canine or feline and a $48 fee
per “other” domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by
its owner.
ii. AHS will charge a municipality mandated quarantine fee of $416 per canine or
feline that is held for a quarantine or other holding period lasting more than 5
days independent of who claims the animal after that hold.
iii. AHS will charge a $24 administrative/processing fee to the municipality for
each animal reclaimed by its owner in place of the standard fee. In these
instances, AHS will charge the owner the additional reclaim fees.
iv. AHS will charge a $24 administrative/processing fee for disposal of any
cadavers brought to and AHS facility by a representative of the municipality.
v. City of Stillwater is responsible for fees if the owner does not reclaim by the
last day of the stray hold.
f. Adhere to AHS policy and best practice for unclaimed animals. City of Stillwater may
request and view AHS policies at any time.
g. Adhere to building access rules and ensure that the service access door is closed and
locked after use in an after-hours drop off.
h. Ensure that the municipality’s CSO/ACO uses his/her discretion in the field as to
whether or not to impound an animal. AHS is not responsible for those decisions.
i. Be available to members of your community to resolve their concerns related to the
actions of your ACO/CSO officers and your municipality’s procedures, policies and
requirements.
4. Administration
3
a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year.
Billing will be mailed in the first month following the end of the quarter. Payment is
expected within 30 days of receipt of billing.
b. AHS will assign a contact person who should be contacted in the event of any problems,
concerns or to receive feedback regarding the program.
c. Any billing disputes must be raised within 10 days of receipt of billing.
d. The AHS agrees to maintain all data received from City of Stillwater in the same
manner as City of Stillwater as required under the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13.
e. Insurance Requirements.
i. Liability. AHS agrees to maintain commercial general liability insurance in a
minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate.
The policy shall cover liability arising from premises, operations, products-
completed operations, personal injury, advertising injury, and contractually
assumed liability. Upon request City of Stillwater shall be named as an
additional insured.
ii. Automobile Liability. If AHS operates a motor vehicle in performing the
services under this agreement, AHS shall maintain commercial automobile
liability insurance, including owned, hired, and non-owned automobiles, with a
minimum liability limit of $1,000,000, combined single limit.
iii. Workers’ Compensation. AHS agrees to comply with all applicable workers’
compensation laws in Minnesota.
iv. Certificate of Insurance. The AHS shall deliver to City of Stillwater a
Certificate of Insurance as evidence that the above coverages are in full force
and effect.
f. Indemnification:
i. AHS. To the fullest extent permitted by law, AHS agrees to defend and
indemnify City of Stillwater, and its officers, employees, and volunteers, from
and against all claims, damages, losses, and expenses, including attorney fees,
arising out of or resulting from the performance of work under this agreement;
but only to the extent caused in whole or in part by the negligent acts, errors or
omissions of AHS, AHS’s subcontractor(s), or anyone directly or indirectly
employed or hired by AHS, or anyone for whose acts AHS may be liable. AHS
agrees this indemnity obligation shall survive the completion or termination of
this agreement.
ii. City of Stillwater. To the fullest extent permitted by law, City of Stillwater
agrees to defend and indemnify AHS, and its officers, employees, and
volunteers, from and against all claims, damages, losses, and expenses,
including attorney fees, arising out of or resulting from the performance of work
under this agreement; but only to the extent caused in whole or in part by the
negligent acts, errors or omissions of City of Stillwater, or anyone directly or
indirectly employed or hired by City of Stillwater, or anyone for whose acts
City of Stillwater may be liable. City of Stillwater agrees this indemnity
obligation shall survive the completion or termination of this agreement.
4
This agreement is based on a one year commitment, which is renewed annually from the date your
administrator signs the agreement below. If the municipality brings animals to AHS without a signed
contract, it will be assumed that the agreement is extended for term of the next contract. The
agreement can be ended at any time by either party with a 30 day written notice.
This agreement is entered into on the _____ day of _________________, 201_ by
________________________________ ___________________________________
Janelle Dixon, President & CEO Signed on behalf of Municipal Authority
Animal Humane Society
____________________________________
Printed Name and Title
___________________________________
Signed on behalf of Municipal Authority
____________________________________
Printed Name and Title
Digitally signed by Janelle Dixon
DN: cn=Janelle Dixon, o, ou,
email=jdixon@animalhumanesociet
y.org, c=US
Date: 2021.12.21 15:09:18 -06'00'
MEMO
TO: City Council
MEETING DATE: January 18, 2022
REGARDING: Browns Creek State Trail Highway 5 Connection Letter of Support
REPORT BY: Abbi Jo Wittman, City Planner
INTRODUCTION
Washington County is submitting a federal grant application for the CSAH 5/Brown Creek Trail
Connection to the Economic Development Administration's ARPA program. The program
focuses on Travel, Tourism, and Outdoor Recreation. City staff has drafted a Letter of Support for
the County’s submittal to this program.
RECOMMENDATION
Approve the enclosed Resolution supporting Washington County’s application to the Economic
Development Administration for the State Aid Highway 5 trail connection to the Browns Creek
State Trail.
Attachments: Resolution
cc: Jason Grode
Emily Jorgensen
City of Stillwater
Washington County, Minnesota
RESOLUTION NO. 2022-
RESOLUTION OF SUPPORT FOR WASHINGTON COUNTY’S APPLICATION FOR THE
COUNTY STATE AID HIGHWAY 5 CONNECTION TO THE BROWNS CREEK STATE TRAIL
PROJECT TO THE ECONOMIC DEVELOPMENT ADMINISTRATION
WHEREAS, Economic Development Administration funds are available for local
agency projects focusing on travel, tourism, and outdoor recreation as part of COVID-19
economic recovery; and
WHEREAS, Washington County is an eligible project sponsor for funds and has
evaluated potential projects for these funds; and
WHEREAS, the City of Stillwater has worked with Washington County on the
development of the CSAH 5 and Browns Creek Trail Connection Project; and
WHEREAS, the project will provide an accessible and safe connection from the local
bicycle and pedestrian network in Stillwater to the Browns Creek State Trail; and
WHEREAS, Support from EDA will guarantee that equitable, accessible and
affordable transportation routes are an important part of both this region's economic
recovery and long-term resilience; and
WHEREAS, the City of Stillwater supports this project and all projects that invest
and encourage outdoor recreation and tourism in the City of Stillwater; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Stillwater supports
Washington County’s application to the EDA for the CSAH 5/Browns Creek State Trail
Connection Project and it committed to working with the county to ensure the completion
of the project should the county receive EDA funding.
Adopted by the Stillwater City Council this 18th day of January, 2022.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
PLANNING REPORT
TO: City Council CASE NO.: 2021-57 & 2021-66
MEETING DATE: January 18, 2022
APPLICANT: Miray Coleman representing the residents of Forest Hills
Rick Ritizer representing Stillwater Towing
LANDOWNER: RMR of Stillwater
REQUEST: Consideration of an appeal to the Planning Commission’s actions pertaining
to Case No. 2021-57, A Conditional Use Permit for Outside Storage for a
vehicle impound lot associated with Stillwater Towing (Planning
Commission Approval appealed by adjacent Property Owners)
LOCATION: 1749 Greeley Street South
DISTRICT: BP-I, Business Park – Industrial
REPORT BY: Abbi Jo Wittman, City Planner
INTRODUCTION
On December 7, 2021 the City Council opened and closed a public hearing regarding an appeal to
the Planning Commission’s approval of a Conditional Use Permit for outside storage on the
property at 1749 Greeley Street South. The matter was continued to the January 4th meeting to
allow Staff time to prepare the additional information. On January 4, 2022 the City Council
reviewed a staff report which outlined relevant historical and current information pertaining to the
subject property, its Business Park – Industrial (BP-I) zoning district, and other properties within
the BP-I zoning district, the Council determined the BP-I district allows for outside storage by
Conditional Use Permit. Thus, the Council rejected the appeal upheld the Planning Commission’s
approval, and directed staff to bring back a Resolution of Approval with appropriate conditions.
SPECIFIC REQUEST
Consideration of a Resolution conditionally-approving outside storage for Stillwater Towing at
1749 Greeley Street South.
ANALYSIS
A total of 21 conditions have been created to not only ensure local regulations are met, but to also
help ensure the use will not be a public nuisance or a detriment to the general welfare of the
property, its surroundings, or the community at large. A list of the draft conditions has been
January 14, 2022
Page 2
attached to this report. However, staff would like to point out the following specific concerns
raised through the planning process and the applicable conditions imposed to help mitigate the
concern:
Concern Mitigation/Reasonable Condition
Tree Loss 10a. Any significant trees removed above
the allotted 35%, replaced on a 1:1
basis.
10e. No more than 50% of the required trees
shall be of one species.
10f. Seeding, with seed mix identified, of all
disturbed areas.
Ground and Surface Water 8. Prior to outside storage occurring on the
east 1.3 acres of disturbed area, the
property owner must improve the
surface material to City Code standards.
Plans for improvement shall be
submitted to and reviewed/approved by
the City Engineering Department prior
to ground disturbance.
13. The MSCWMO’s (watershed)
conditions shall be incorporated into the
grading permit plans.
13a. Final construction plans are provided
with details of proposed stormwater
management facilities including
identification of a test method to
demonstrate the infiltration basins are
functioning, a way to visually verify the
underground system is operating as
designed, and adequate construction
guidance to prevent clogging or
compaction.
13b. A SWPPP (stormwater pollution plan)
is provided with contact information
and training requirements for
responsible parties, a 7-day time frame
for stabilization, requirements for
maintenance and inspection records, and
ESC item tabulated quantities.
13c. Conveyances of easements or
maintenance agreements, or both for the
portions of the property which lie below
the 100-year flood level for stormwater
management facilities and are provided.
13d. A maintenance agreement is provided.
15. Environmental testing of the water
runoff would occur for two consecutive
January 14, 2022
Page 3
years. The property owner will be
responsible for providing
17. Prior to the release of a grading permit,
the property owner shall secure a
private utility easement from the
property owner below the outlet area
documentation to the City of Stillwater
for verification this has occurred.
Aesthetics 7. Improved parking areas to the north and
south of the building shall be used for
customer, staff and business vehicle
trucks. These parking areas shall not
involve sales, dead storage, repair work,
or dismantling of any kind. Temporary
parking of vehicles or those waiting for
repair or customer pickup may occur in
non-screened areas for a period of 48
hours or less.
9. A 10’ opaque fence of quality design
shall be installed. Additionally, it shall
be surrounded by year-round
landscaping including, but not limited to
coniferous trees and shrubs. Prior to the
installation of the fence, the owner shall
secure necessary fence and/or building
permits from the City of Stillwater.
10b. All areas of a lot not used or improved
for parking, driveways, or storage areas
shall be landscaped with a combination
of trees, shrubs, flowers, and ground
cover.
10c. Landscaping that will grow up within
three years to cover 50% of the fence
face area on the front and side yards.
Junk Storage 2. Outside storage of disabled, abandoned,
and/or impounded vehicles shall occur
either in enclosed buildings or fenced
and screened outdoor locations as
depicted on the plans cited in these
permit conditions.
3. Outside storage of disabled, abandoned,
and/or impounded vehicles shall be
stored in an orderly manner, similar to
that of a striped commercial parking lot.
4. Disabled, abandoned, and/or impounded
vehicles may not be stored onsite for
greater than 180 days.
January 14, 2022
Page 4
5. The property shall not be used for the
sales of vehicles, parts or salvage
operations.
7. Improved parking areas to the north and
south of the building shall be used for
customer, staff and business vehicle
trucks. These parking areas shall not
involve sales, dead storage, repair work,
or dismantling of any kind. Temporary
parking of vehicles or those waiting for
repair or customer pickup may occur in
non-screened areas for a period of 48
hours or less.
Light 11. The property owner shall submit a
photometric plan with shop drawings of
light-type for review by City staff prior
to the issuance of a building, grading,
and/or fencing permit. Light source
screened from adjacent properties/cut-
off screen to direct lighting downward
from source.
To the date of memo development, the landowner and his representatives had not reviewed the
final list of recommended conditions. Thus, the Resolution rejecting the appeal and upholding the
Planning Commission’s approval of a Conditional Use Permit for outside storage to be located at
1749 Greeley Street South is not available as of the date of this memo. It will be included in the
Council’s Tuesday ADD-ON packet with finalized approval conditions.
RECOMMENDATION
Staff recommends the Council move to approve the Resolution rejecting the appeal and upholding
the Planning Commission’s approval of a Conditional Use Permit for Outside Storage to be
located at 1749 Greeley Street South.
Attachments: Draft Conditions
cc: Rick Ritzer
Cameron Kelly
Miray Coleman
Page 1 of 2
Case No. 2021-57 & 2021-66
Stillwater Towing (1749 Greeley Street South)
Outside Storage Conditional Use Permit
Draft Conditions (January 14, 2022)
1. The site shall be developed in substantial conformance with the following plans on file with
CPC Case No. 2021-57 in the Community Development Department, except as may be
modified by the conditions herein:
a. Demolition Plan Sheet C100 Dated 1/18/2022
b. Paving Plan Sheet C200 Dated 9/15/2021
c. Grading Plan Sheet C300 Dated 9/15/2021
d. Utility Plan Sheet C600 Dated 9/15/2021
2. Outside storage of disabled, abandoned, and/or impounded vehicles shall occur either in
enclosed buildings or fenced and screened outdoor locations as depicted on the plans cited in
these permit conditions.
3. Outside storage of disabled, abandoned, and/or impounded vehicles shall be stored in an
orderly manner, similar to that of a striped commercial parking lot.
4. Disabled, abandoned, and/or impounded vehicles may not be stored onsite for greater than
180 days.
5. The property shall not be used for the sales of vehicles, parts or salvage operations.
6. The property shall not be utilized for rental storage.
7. Improved parking areas to the north and south of the building shall be used for customer,
staff and business vehicle trucks. These parking areas shall not involve sales, dead storage,
repair work, or dismantling of any kind. Temporary parking of vehicles or those waiting for
repair or customer pickup may occur in non-screened areas for a period of 48 hours or less.
8. Prior to outside storage occurring on the east 1.3 acres of disturbed area, the property owner
must improve the surface material to City Code standards. Plans for improvement shall be
submitted to and reviewed/approved by the City Engineering Department prior to ground
disturbance.
9. A 10’ opaque fence of quality design shall be installed. Additionally, it shall be surrounded
by year-round landscaping including, but not limited to coniferous trees and shrubs. Prior to
the installation of the fence, the owner shall secure necessary fence and/or building permits
from the City of Stillwater.
10. The property owner shall submit a detailed landscape plan, developed by a landscape
professional, which shows:
a. Any significant trees removed above the allotted 35%, replaced on a 1:1 basis.
b. All areas of a lot not used or improved for parking, driveways, or storage areas shall
be landscaped with a combination of trees, shrubs, flowers, and ground cover.
c. Landscaping that will grow up within three years to cover 50% of the fence face area
on the front and side yards.
d. Landscaping that will grow up within three years to cover greater than 50% of the
fence area on the rear yard. This landscaping can incorporate existing vegetation so
long as it does not contain nuisance, noxious, or invasive species.
e. No more than 50% of the required trees shall be of one species.
f. Seeding, with seed mix identified, of all disturbed areas.
The landscaping plan shall be reviewed and approved by the City Natural Resource
Technician, or designee prior to the issuance of building, fence, and/or grading permits.
Page 2 of 2
11. The property owner shall submit a photometric plan with shop drawings of light-type for
review by City staff prior to the issuance of a building, grading, and/or fencing permit. Light
source screened from adjacent properties/cut-off screen to direct lighting downward from
source.
12. A grading permit shall be required prior to earthwork commencement and the City shall
retain a commercial grading permit escrow deposit for the work.
a. The escrow deposit shall be held for a minimum of one year after all stormwater
management and landscaping has been installed and inspected.
b. In the event the stormwater improvements are insufficient, erosion is occurring, or
landscaping or trees have died after a full growing seasonal, the City retains the right to
utilize the escrow funds to make necessary repairs.
13. The MSCWMO’s conditions shall be incorporated into the grading permit plans.
a. Final construction plans are provided with details of proposed stormwater management
facilities including identification of a test method to demonstrate the infiltration basins
are functioning, a way to visually verify the underground system is operating as designed,
and adequate construction guidance to prevent clogging or compaction.
b. A SWPPP is provided with contact information and training requirements for responsible
parties, a 7-day time frame for stabilization, requirements for maintenance and inspection
records, and ESC item tabulated quantities.
c. Conveyances of easements or maintenance agreements, or both for the portions of the
property which lie below the 100-year flood level for stormwater management facilities
and are provided.
d. A maintenance agreement is provided.
14. Final plans shall be reviewed and approved by the City Engineering Department prior to
project commencement.
15. Environmental testing of the water runoff would occur for two consecutive years. The
property owner will be responsible for providing documentation to the City of Stillwater for
verification this has occurred.
16. Retaining walls over four feet in height require a building permit and must be designed by a
licensed engineer.
17. Prior to the release of a grading permit, the property owner shall secure a private utility
easement from the property owner below the outlet area.
18. The owner will need to combine properties with Washington County Property Records and
Taxpayer services prior to the City’s issuance of a building, grading, or fence permit.
19. The property owner shall obtain permission from Washington County for work needed on
Greeley Street South which may include, but not be limited to, a highway access permit.
20. This Conditional Use Permit for outside storage is subject to review upon complaints from
the neighborhood. If in the opinion of the Community Development Director the complaints
are substantiated, a public hearing must be held at which time additional conditions may be
added to this permit or, in the alternative, the use permit may be revoked.
21. All changes to the approved plans will need to be reviewed and approved by the Community
Development Director. Any significant changes must be approved by the City Council.
Date: January 13, 2022
TO: Mayor and Council
FROM: Beth Wolf, City Clerk
SUBJECT: Roll-off Hauler License
DISCUSSION:
Schill’s Dumpster Services Inc has submitted an application and fee for a 2022 Roll-off only
Haulers 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 approving a roll-off
hauler license to Schill’s Dumpster Services Inc contingent upon the satisfactory
completion of application submittal requirements.
LIABILITY COVERAGE – WAIVER FORM
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust
(LMCIT) must complete and return this form to LMCIT before the member’s effective date of
coverage. Return completed form to your underwriter or email to pstech@lmc.org.
The decision to waive or not waive the statutory tort limits must be made annually by the
member’s governing body, in consultation with its attorney if necessary.
Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort
liability limits to the extent of the coverage purchased. The decision has the following effects:
• If the member does not waive the statutory tort limits, an individual claimant could recover no more
than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could
recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000.
These statutory tort limits would apply regardless of whether the member purchases the optional
LMCIT excess liability coverage.
• If the member waives the statutory tort limits and does not purchase excess liability coverage, a single
claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap
liability limits are only waived to the extent of the member’s liability coverage limits, and the LMCIT
per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to
which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of
claimants.
• If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant
could potentially recover an amount up to the limit of the coverage purchased. The total all claimants
could recover for a single occurrence to which the statutory tort limits apply would also be limited to
the amount of coverage purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
2
LMCIT Member Name:
__________________________________________________________________________
Check one:
o The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn.
Stat. § 466.04.
o The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. §
466.04, to the extent of the limits of the liability coverage obtained from LMCIT.
Date of member’s governing body meeting: _____________________________________________
Signature: Position: ________________________________
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022‐xxx
RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN
THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND AUTHORIZING
PARTICIPATION IN NATIONAL OPIOID SETTLEMENTS
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people,
have been harmed by misconduct committed by certain entities that engage in the
manufacture, marketing, promotion, distribution, or dispensing of opioids; and
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties
joined with thousands of local governments across the country to file lawsuits against
opioid manufacturer and pharmaceutical distribution companies and hold those companies
accountable for their misconduct; and
WHEREAS, representatives of local Minnesota governments, the League of
Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota
Cities, the State of Minnesota, and the Minnesota Attorney General’s Office have negotiated
and prepared a Memorandum of Agreement (MOA) to provide for the equitable
distribution of proceeds to the State of Minnesota and to individual local governments from
recent settlements in the national opioid litigation; and
WHEREAS, by signing onto the MOA, the state and local governments maximize
Minnesota’s share of opioid settlement funds, demonstrate solidarity in response to the
opioid epidemic, and ensure needed resources reach the most impacted communities; and
WHEREAS, it is in the best interests of the State of Minnesota and the residents of
the City of Stillwater, and the County of Washington, that the City participate in the national
opioid litigation settlements.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota as follows:
1. Participation in the opioid litigation settlements promotes the public health,
safety, and welfare of the residents of the City of Stillwater.
2. The City of Stillwater supports and opts-in to the national opioid litigation
settlements with the Distributors McKesson, Cardinal Health, and Amerisource
Bergen, and with the Manufacturer Johnson & Johnson.
3. The Memorandum of Agreement (MOA) between the State of Minnesota and
Local Governments relating to the distribution of settlement funds is hereby
approved by the City of Stillwater.
4. City Staff is hereby authorized to take such measures as necessary to sign the
MOA and otherwise participate in the national opioid settlements, including
executing the Participation Agreement and accompanying Release.
Passed by the Stillwater City Council this 18th day of January, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
1
MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been
harmed by misconduct committed by certain entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic;
WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through
its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement
discussions seeking to hold opioid manufacturers and distributors accountable for the damage
caused by their misconduct;
WHEREAS, the State and Local Governments share a common desire to abate and alleviate the
impacts of the misconduct described above throughout Minnesota;
WHEREAS, while the State and Local Governments recognize the sums which may be available
from the aforementioned litigation will likely be insufficient to fully abate the public health crisis
caused by the opioid epidemic, they share a common interest in dedicating the most resources
possible to the abatement effort;
WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen,
Cardinal Health, and McKesson have resulted in National Settlement Agreements with those
companies, which the State has already committed to join;
WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will
be maximized only if all Minnesota counties, and cities of a certain size, participate in the
settlements;
WHEREAS, the National Settlement Agreements will set a default allocation between each state
and its political subdivisions unless they enter into a state-specific agreement regarding the
distribution and use of settlement amounts;
WHEREAS, this Memorandum of Agreement is intended to facilitate compliance by the State
and by the Local Governments with the terms of the National Settlement Agreements and is
intended to serve as a State-Subdivision Agreement under the National Settlement Agreements;
WHEREAS, this Memorandum of Agreement is also intended to serve as a State-Subdivision
Agreement under resolutions of claims concerning alleged misconduct in the manufacture,
marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy
court that provide for payments (including payments through a trust) to both the State and
Minnesota counties and cities and allow for the allocation between a state and its political
subdivisions to be set through a state-specific agreement; and
WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the
Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide
Abatement Agreement.
2
I. Definitions
As used in this MOA (including the preamble above):
“Approved Uses” shall mean forward-looking strategies, programming, and services to
abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with
the terms of the National Settlement Agreements and Bankruptcy Resolutions, “Approved
Uses” shall include the reasonable administrative expenses associated with overseeing and
administering Opioid Settlement Funds. Reimbursement by the State or Local
Governments for past expenses are not Approved Uses.
“Backstop Fund” is defined in Section VI.B below.
“Bankruptcy Defendants” mean Purdue Pharma L.P. and Mallinckrodt plc.
“Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by
the Bankruptcy Defendants entered in bankruptcy court that provide for payments
(including payments through a trust) to both the State and Minnesota counties and
municipalities and allow for the allocation between the state and its political subdivisions
to be set through a state-specific agreement.
“Counsel” is defined in Section VI.B below.
“County Area” shall mean a county in the State of Minnesota plus the Local Governments,
or portion of any Local Government, within that county.
“Governing Body” means (1) for a county, the county commissioners of the county, and
(2) for a municipality, the elected city council or the equivalent legislative body for the
municipality.
“Legislative Modification” is defined in Section II.C below.
“Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s)
on or before December 3, 2021, as defined in Section VI.B below.
“Local Abatement Funds” are defined in Section II.B below.
“Local Government” means all counties and cities within the geographic boundaries of the
state of Minnesota.
“MDL Matter” means the matter captioned In re National Prescription Opiate Litigation,
MDL 2804, pending in the United States District Court for the Northern District of Ohio.
“Memorandum of Agreement” or “MOA” mean this agreement, the Minnesota Opioids
State-Subdivision Memorandum of Agreement.
3
“National Settlement Agreements” means the national opioid settlement agreements with
the Parties and one or all of the Settling Defendants concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic.
“Opioid Settlement Funds” shall mean all funds allocated by the National Settlement
Agreements and any Bankruptcy Resolutions to the State and Local Governments for
purposes of opioid remediation activities or restitution, as well as any repayment of those
funds and any interest or investment earnings that may accrue as those funds are
temporarily held before being expended on opioid remediation strategies.
“Opioid Supply Chain Participants” means entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic,
including their officers, directors, employees, or agents, acting in their capacity as such.
“Parties” means the State and the Participating Local Governments.
“Participating Local Government” means a county or city within the geographic boundaries
of the State of Minnesota that has signed this Memorandum of Agreement and has executed
a release of claims with the Settling Defendants by signing on to the National Settlement
Agreements. For the avoidance of doubt, a Local Government must sign this MOA to
become a “Participating Local Government.”
“Region” is defined in Section II.H below.
“Settling Defendants” means Johnson & Johnson, AmerisourceBergen, Cardinal Health,
and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a
National Settlement Agreement.
“State” means the State of Minnesota by and through its Attorney General, Keith Ellison.
“State Abatement Fund” is defined in Section II.B below.
II. Allocation of Settlement Proceeds
A. Method of distribution. Pursuant to the National Settlement Agreements and any
Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State
and directly to Participating Local Governments in such proportions and for such uses as
set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of
the State or any Participating Local Government unless and until such time as each annual
distribution is made.
B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows:
(i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement
funds established by Participating Local Governments (“Local Abatement Funds”). This
initial allocation is subject to modification by Sections II.F, II.G, and II.H, below.
4
C. Statutory change.
1. The Parties agree to work together in good faith to propose and lobby for legislation
in the 2022 Minnesota legislative session to modify the distribution of the State’s
Opiate Epidemic Response Fund under Minnesota Statutes section 256.043,
subd. 3(d), so that “50 percent of the remaining amount” is no longer appropriated
to county social services, as related to Opioid Settlement Funds that are ultimately
placed into the Minnesota Opiate Epidemic Response Fund (“Legislative
Modification”).1 Such efforts include, but are not limited to, providing testimony
and letters in support of the Legislative Modification.
2. It is the intent of the Parties that the Legislative Modification would affect only the
county share under section 256.043, subd. 3(d), and would not impact the provision
of funds to tribal social service agencies. Further, it is the intent of the Parties that
the Legislative Modification would relate only to disposition of Opioid Settlement
Funds and is not predicated on a change to the distribution of the Board of
Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund.
D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting
Workgroup to recommend draft legislation to achieve this Legislative Modification. The
Workgroup will meet as often as practicable in December 2021 and January 2022 until
recommended language is completed. Invitations to participate in the group shall be
extended to the League of Minnesota Cities, the Association of Minnesota Counties, the
Coalition of Greater Minnesota Cities, state agencies, the Governor’s Office, the Attorney
General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office,
and Minnesota tribal representatives. The Workgroup will host meetings with Members of
the Minnesota House of Representatives and Minnesota Senate who have been involved in
this matter to assist in crafting a bill draft.
E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure
that any Opioid Settlement Funds ready for distribution directly to the State and
Participating Local Governments under the National Settlement Agreements or
Bankruptcy Resolutions are not actually distributed to the Parties until on or after August
1, 2022, in order to allow the Parties to pursue legislative change that would take effect
before the Opioid Settlement Funds are received by the Parties. Such steps may include,
but are not limited to, the Attorney General’s Office delaying its filing of Consent
Judgments in Minnesota state court memorializing the National Settlement Agreements.
This provision will cease to apply upon the effective date of the Legislative Modification
described above, if that date is prior to August 1, 2022.
1 It is the intent of the Parties that counties will continue to fund child protection services for
children and families who are affected by addiction, in compliance with the Approved Uses in
Exhibit A.
5
F. Effect of no statutory change by August 1, 2022. If the Legislative Modification described
above does not take effect by August 1, 2022, the allocation between the Parties set forth
in Section II.B shall be modified as follows: (i) 40% directly to the State Abatement Fund,
and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential
amendment of this MOA if such legislation does not timely go into effect in accordance
with this paragraph.
G. Effect of later statutory change. If the Legislative Modification described above takes
effect after August 1, 2022, the allocation between the Parties will be modified as follows:
(i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds.
H. Effect of partial statutory change. If any legislative action otherwise modifies or
diminishes the direct allocation of Opioid Settlement Funds to Participating Local
Governments so that as a result the Participating Local Governments would receive less
than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties
per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then
the allocation set forth in Section II.B will be modified to ensure Participating Local
Governments receive 75% of the Opioid Settlement Funds.
I. Participating Local Governments receiving payments. The proportions set forth in
Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all
Minnesota cities that (a) have a population of more than 30,000, based on the United States
Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise managed
an established health care or treatment infrastructure (e.g., health department or similar
agency), or (c) have initiated litigation against the Settling Defendants as of December 3,
2021.
J. Allocation of funds between Participating Local Governments. The Local Abatement
Funds shall be allocated to Participating Local Governments in such proportions as set
forth in Exhibit B, attached hereto and incorporated herein by reference, which is based
upon the MDL Matter’s Opioid Negotiation Class Model.2 The proportions shall not
change based on population changes during the term of the MOA. However, to the extent
required by the terms of the National Settlement Agreements, the proportions set forth in
Exhibit B must be adjusted: (i) to provide no payment from the National Settlement
Agreements to any listed county or municipality that does not participate in the National
Settlement Agreements; and (ii) to provide a reduced payment from the National
Settlement Agreements to any listed county or city that signs on to the National Settlement
Agreements after the Initial Participation Date.
K. Redistribution in certain situations. In the event a Participating Local Government merges,
dissolves, or ceases to exist, the allocation percentage for that Participating Local
2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National
Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities
under 30,000 in population that had shares under the Exhibit G default allocation were removed
and their shares were proportionally reallocated amongst the remaining subdivisions.
6
Government shall be redistributed equitably based on the composition of the successor
Local Government. In the event an allocation to a Local Government cannot be paid to the
Local Government, such unpaid allocations will be allocated to Local Abatement Funds
and be distributed in such proportions as set forth in Exhibit B.
L. City may direct payments to county. Any city allocated a share may elect to have its full
share or a portion of its full share of current or future annual distributions of settlement
funds instead directed to the county or counties in which it is located, so long as that county
or counties are Participating Local Governments[s]. Such an election must be made by
January 1 each year to apply to the following fiscal year. If a city is located in more than
one county, the city’s funds will be directed based on the MDL Matter’s Opioid
Negotiation Class Model.
III. Special Revenue Fund
A. Creation of special revenue fund. Every Participating Local Government receiving Opioid
Settlement Funds through direct distribution shall create a separate special revenue fund,
as described below, that is designated for the receipt and expenditure of Opioid Settlement
Funds.
B. Procedures for special revenue fund. Funds in this special revenue fund shall not be
commingled with any other money or funds of the Participating Local Government. The
funds in the special revenue fund shall not be used for any loans or pledge of assets, unless
the loan or pledge is for an Approved Use. Participating Local Governments may not
assign to another entity their rights to receive payments of Opioid Settlement Funds or their
responsibilities for funding decisions, except as provided in Section II.L.
C. Process for drawing from special revenue funds.
1. Opioid Settlement Funds can be used for a purpose when the Governing Body
includes in its budget or passes a separate resolution authorizing the expenditure of
a stated amount of Opioid Settlement Funds for that purpose or those purposes
during a specified period of time.
2. The budget or resolution must (i) indicate that it is an authorization for expenditures
of opioid settlement funds; (ii) state the specific strategy or strategies the county or
city intends to fund, using the item letter and/or number in Exhibit A to identify
each funded strategy, if applicable; and (iii) state the amount dedicated to each
strategy for a stated period of time.
D. Local government grantmaking. Participating Local Governments may make contracts
with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds.
E. Interest earned on special revenue fund. The funds in the special revenue fund may be
invested, consistent with the investment limitations for local governments, and may be
7
placed in an interest-bearing bank account. Any interest earned on the special revenue
funds must be used in a way that is consistent with this MOA.
IV. Opioid Remediation Activities
A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized
only for future opioid remediation activities, and Parties shall expend Opioid Settlement
Funds only for Approved Uses and for expenditures incurred after the effective date of this
MOA, unless execution of the National Settlement Agreements requires a later date.
Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees
arising from the enforcement of legal claims related to the opioid epidemic, except for the
portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section
VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover
litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and
cost funds established in the National Settlement Agreements, as well as the Backstop Fund
described in Section VI.
B. Public health departments as Chief Strategists. For Participating Local Governments that
have public health departments, the public health departments shall serve as the lead
agency and Chief Strategist to identify, collaborate, and respond to local issues as Local
Governments decide how to leverage and disburse Opioid Settlement Funds. In their role
as Chief Strategist, public health departments will convene multi-sector meetings and lead
efforts that build upon local efforts like Community Health Assessments and Community
Health Improvement Plans, while fostering community focused and collaborative
evidence-informed approaches that prevent and address addiction across the areas of public
health, human services, and public safety. Chief Strategists should consult with
municipalities located within their county in the development of any Community Health
Assessment, and are encouraged to collaborate with law enforcement agencies in the
county where appropriate.
C. Administrative expenses. Reasonable administrative costs for the State or Local
Government to administer its allocation of the Opioid Settlement Funds shall not exceed
actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any
administrative expense limitation imposed by the National Settlement Agreements or
Bankruptcy Resolution, whichever is less.
D. Regions. Two or more Participating Local Governments may at their discretion form a
new group or utilize an existing group (“Region”) to pool their respective shares of
settlement funds and make joint spending decisions. Participating Local Governments may
choose to create a Region or utilize an existing Region under a joint exercise of powers
under Minn. Stat. § 471.59.
E. Consultation and partnerships.
1. Each county receiving Opioid Settlement Funds must consult annually with the
municipalities in the county regarding future use of the settlement funds in the
8
county, including by holding an annual meeting with all municipalities in the
county in order to receive input as to proposed uses of the Opioid Settlement Funds
and to encourage collaboration between Local Governments both within and
beyond the county. These meetings shall be open to the public.
2. Participating Local Governments within the same County Area have a duty to
regularly consult with each other to coordinate spending priorities.
3. Participating Local Governments can form partnerships at the local level whereby
Participating Local Governments dedicate a portion of their Opioid Settlement
Funds to support city- or community-based work with local stakeholders and
partners within the Approved Uses.
F. Collaboration. The State and Participating Local Governments must collaborate to
promote effective use of Opioid Settlement Funds, including through the sharing of
expertise, training, and technical assistance. They will also coordinate with trusted
partners, including community stakeholders, to collect and share information about
successful regional and other high-impact strategies and opioid treatment programs.
V. Reporting and Compliance
A. Construction of reporting and compliance provisions. Reporting and compliance
requirements will be developed and mutually agreed upon by the Parties, utilizing the
recommendations provided by the Advisory Panel to the Attorney General on Distribution
and Allocation of Opioid Settlement Funds.
B. Reporting Workgroup. The Parties will work together to establish a Reporting Workgroup
that includes representatives of the Attorney General’s Office, state stakeholders, and city
and county representatives, who will meet on a regular basis to develop reporting and
compliance recommendations. The Reporting Workgroup must produce a set of reporting
and compliance measures by June 1, 2022. Such reporting and compliance measures will
be effective once approved by representatives of the Attorney General’s Office, the
Governor’s Office, the Association of Minnesota Counties, and the League of Minnesota
Cities that are on the Workgroup.
VI. Backstop Fund
A. National Attorney Fee Fund. The National Settlement Agreements provide for the payment
of all or a portion of the attorney fees and costs owed by Litigating Local Governments to
private attorneys specifically retained to file suit in the opioid litigation (“National
Attorney Fee Fund”). The Parties acknowledge that the National Settlement Agreements
may provide for a portion of the attorney fees of Litigating Local Governments.
B. Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating
Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”)
to be used to compensate private attorneys (“Counsel”) for Local Governments that filed
opioid lawsuits on or before December 3, 2021 (“Litigating Local Governments”). By
9
order 3 dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements
at 15%. Judge Polster’s 15% cap does not limit fees from the National Attorney Fee Fund
or from any state backstop fund for attorney fees, but private attorneys for local
governments must waive their contingent fee agreements to receive payment from the
National Attorney Fee Fund. Judge Polster recognized that a state backstop fund can be
designed to incentivize private attorneys to waive their right to enforce contingent fee
agreements and instead apply to the National Attorney Fee Fund, with the goals of
achieving greater subdivision participation and higher ultimate payouts to both states and
local governments. Accordingly, in order to seek payment from the Backstop Fund,
Counsel must agree to waive their contingency fee agreements relating to these National
Settlement Agreements and first apply to the National Attorney Fee Fund.
C. Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the
share of each payment made to the Local Abatement Funds from the National Settlement
Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the
State Abatement Fund and 75% directly to Local Abatement Funds, and will not include
payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the
initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund will
be funded by 8.75% of the share of each payment made to the Local Abatement Funds
from the National Settlement Agreements (annual or otherwise), based upon the modified
allocation of 40% directly to the State Abatement Fund and 60% directly to the Local
Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt
Bankruptcies. In the event that the allocation is modified pursuant to Section II.G. or
Section II.H. above, back to an allocation of 25% directly to the State Abatement Fund and
75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of
the share of each payment made to the Local Abatement Funds from the National
Settlement Agreements (annual or otherwise), and will not include payments resulting from
the Purdue or Mallinckrodt Bankruptcies.
D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together
with any compensation received from the National Settlement Agreements’ Contingency
Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local
Governments’ share of funds from the National Settlement Agreements. To avoid doubt,
in no instance will Counsel receive more than 15% of the amount paid to their respective
Litigating Local Government client(s) when taking into account what private attorneys
receive from both the Backstop Fund and any fees received from the National Settlement
Agreements’ Contingency Fee Fund.
E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment
from the Backstop Fund in the event that funds received by Counsel from the National
Settlement Agreements’ Contingency Fee Fund are insufficient to cover the amount that
would be due to Counsel under any contingency fee agreement with a Litigating Local
Government based on any recovery Litigating Local Governments receive from the
National Settlement Agreements. Before seeking any payment from the Backstop Fund,
3 Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio
August 6, 2021).
10
private attorneys must certify that they first sought fees from the National Settlement
Agreements’ Contingency Fee Fund, and must certify that they agreed to accept the
maximum fees payments awarded to them. Nothing in this Section, or in the terms of this
Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect
to fees that may be recovered under a contingency fee agreement or otherwise from other
past or future settlements, verdicts, or recoveries related to the opioid litigation.
F. Special Master. A special master will administer the Backstop Fund, including overseeing
any distribution, evaluating the requests of Counsel for payment, and determining the
appropriate amount of any payment from the Backstop Fund. The special master will be
selected jointly by the Minnesota Attorney General and the Hennepin County Attorney,
and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug;
or Hon. Jack Van de North. The special master will be compensated from the Backstop
Fund. In the event that a successor special master is needed, the Minnesota Attorney
General and the Hennepin County Attorney will jointly select the successor special master
from the above-listed individuals. If none of the above-listed individuals is available to
serve as the successor special master, then the Minnesota Attorney General and the
Hennepin County Attorney will jointly select a successor special master from a list of
individuals that is agreed upon between the Minnesota Attorney General, the Hennepin
County Attorney, and Counsel.
G. Special Master Determinations. The special master will determine the amount and timing
of any payment to Counsel from the Backstop Fund. The special master shall make one
determination regarding payment of attorney fees to Counsel, which will apply through the
term of the recovery from the National Settlement Agreements. In making such
determinations, the special master shall consider the amounts that have been or will be
received by the private attorney’s firm from the National Settlement Agreements’
Contingency Fee Fund relating to Litigating Local Governments; the contingency fee
contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating
Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal
issues involved in the opioid litigation; work done to directly benefit the Local
Governments within the State of Minnesota; and the principles set forth in the Minnesota
Rules of Professional Conduct, including the reasonable and contingency fee principles of
Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial
fee application about the total amount of fees that Counsel have received or will receive
from the National Attorney Fee Fund related to the Litigating Local Governments.
H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also
provide written submissions to the special master, which may include declarations from
counsel, summaries relating to the factors described above, and/or attestation regarding
total payments awarded or anticipated from the National Settlement Agreements’
Contingency Fee Fund. Private attorneys shall not be required to disclose work product,
proprietary or confidential information, including but not limited to detailed billing or
lodestar records. To the extent that counsel rely upon written submissions to support their
application to the special master, the special master will incorporate said submission or
summary into the record. Any proceedings before the special master and documents filed
with the special master shall be public, and the special master’s determinations regarding
11
any payment from the Backstop Funds shall be transparent, public, final, and not
appealable.
I. Distribution of Any Excess Funds. To the extent the special master determines that the
Backstop Fund exceeds the amount necessary for payment to Counsel, the special master
shall distribute any excess amount to Participating Local Governments according to the
percentages set forth in Exhibit B.
J. Term. The Backstop Fund will be administered for (a) the length of the National Litigation
Settlement payments; or (b) until all Counsel for Litigating Local Governments have either
(i) received payments equal to the Backstop Fund Payment Cap above or (ii) received the
full amount determined by the special master; whichever occurs first.
K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State
Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any
Litigating Local Government’s attorney fees and expenses. Any funds that the State
receives from the National Settlement Agreements as attorney fees and costs or in lieu of
attorney fees and costs, including the Additional Restitution Amounts, will be treated as
State Abatement Funds.
VII. General Terms
A. Scope of agreement. This MOA applies to all settlements under the National Settlement
Agreements with Settling Defendants and the Bankruptcy Resolutions with Bankruptcy
Defendants.4 The Parties agree to discuss the use, as the Parties may deem appropriate in
the future, of the settlement terms set out herein (after any necessary amendments) for
resolutions with Opioid Supply Chain Participants not covered by the National Settlement
Agreements or a Bankruptcy Resolution. The Parties acknowledge that this MOA does
not excuse any requirements placed upon them by the terms of the National Settlement
Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a
State-Subdivision Agreement to do so.
B. When MOA takes effect.
1. This MOA shall become effective at the time a sufficient number of Local
Governments have joined the MOA to qualify this MOA as a State-Subdivision
Agreement under the National Settlement Agreements or as a Statewide Abatement
Agreement under any Bankruptcy Resolution. If this MOA does not thereby
qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this
MOA will have no effect.
2. The Parties may conditionally agree to sign on to the MOA through a letter of intent,
resolution, or similar written statement, declaration, or pronouncement declaring
4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal
Health, and McKesson, and Janssen, and Bankruptcy Resolutions involving Purdue Pharma L.P.,
and Mallinckrodt plc.
12
their intent to sign on to the MOA if the threshold for Party participation in a
specific Settlement is achieved.
C. Dispute resolution.
1. If any Party believes another Party has violated the terms of this MOA, the alleging
Party may seek to enforce the terms of this MOA in Ramsey County District Court,
provided the alleging Party first provides notice to the alleged offending Party of
the alleged violation and a reasonable opportunity to cure the alleged violation.
2. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds has violated any
applicable ethics codes or rules, a complaint shall be lodged with the appropriate
forum for handling such matters.
3. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds violated any Minnesota
criminal law, such conduct shall be reported to the appropriate criminal authorities.
D. Amendments. The Parties agree to make such amendments as necessary to implement the
intent of this MOA.
E. Applicable law and venue. Unless otherwise required by the National Settlement
Agreements or a Bankruptcy Resolution, this MOA, including any issues related to
interpretation or enforcement, is governed by the laws of the State of Minnesota. Any
action related to the provisions of this MOA must be adjudicated by the Ramsey County
District Court. If any provision of this MOA is held invalid by any court of competent
jurisdiction, this invalidity does not affect any other provision which can be given effect
without the invalid provision.
F. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge
and agree that the National Settlement Agreements will require a Participating Local
Government to release all its claims against the Settling Defendants to receive direct
allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that
based on the terms of the National Settlement Agreements, a Participating Local
Government may receive funds through this MOA only after complying with all
requirements set forth in the National Settlement Agreements to release its claims. This
MOA is not a promise from any Party that any National Settlement Agreements or
Bankruptcy Resolution will be finalized or executed.
G. When MOA is no longer in effect. This MOA is effective until one year after the last date
on which any Opioid Settlement Funds are being spent by the Parties pursuant to the
National Settlement Agreements and any Bankruptcy Resolution.
H. No waiver for failure to exercise. The failure of a Party to exercise any rights under this
MOA will not be deemed to be a waiver of any right or any future rights.
13
I. No effect on authority of Parties. Nothing in this MOA should be construed to limit the
power or authority of the State of Minnesota, the Attorney General, or the Local
Governments, except as expressly set forth herein.
J. Signing and execution. This MOA may be executed in counterparts, each of which
constitutes an original, and all of which constitute one and the same agreement. This MOA
may be executed by facsimile or electronic copy in any image format. Each Party
represents that all procedures necessary to authorize such Party’s execution of this MOA
have been performed and that the person signing for such Party has been authorized to
execute the MOA in an official capacity that binds the Party.
14
This Minnesota Opioids State-Subdivision Memorandum of Agreement is signed
this ___day of ____________, ______ by:
____________________________________________
Name and Title: _______________________________
On behalf of: _________________________________
Ted Kozlowski, Mayor
City of Stillwater
January 18 2022
1
EXHIBIT A
List of Opioid Remediation Uses
Settlement fund recipients shall choose from among abatement strategies, including but not
limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not
exclusive, and fund recipients shall have flexibility to modify their abatement approach as
needed and as new uses are discovered.
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use
Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
informed programs 5 or strategies that may include, but are not limited to, those that:6
1. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication for Opioid Use Disorder
(“MOUD”)7 approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MOUD, as well as counseling, psychiatric
support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5 Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the
ability of recipients to fund innovative services or those built on culturally specific needs. Rather,
recipients are encouraged to support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions.
6 As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a
preference for new or existing programs.
7 Historically, pharmacological treatment for opioid use disorder was referred to as “Medication-
Assisted Treatment” (“MAT”). It has recently been determined that the better term is “Medication
for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going forward. Use of the
term MOUD is not intended to and shall in no way limit abatement programs or strategies now or
into the future as new strategies and terminology evolve.
2
5. Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support detoxification (detox) and withdrawal management services for people
with OUD and any co-occurring SUD/MH conditions, including but not limited to
medical detox, referral to treatment, or connections to other services or supports.
8. Provide training on MOUD for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9. Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH or mental health conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for certified addiction counselors, licensed
alcohol and drug counselors, licensed clinical social workers, licensed mental
health counselors, and other mental and behavioral health practitioners or
workers, including peer recovery coaches, peer recovery supports, and treatment
coordinators, involved in addressing OUD and any co-occurring SUD/MH or
mental health conditions, including, but not limited to, training, scholarships,
fellowships, loan repayment programs, continuing education, licensing fees, or
other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Dissemination of web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service for Medication–
Assisted Treatment.
3
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved medication with other support services.
5. Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
4
11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including but not limited to new
Americans, African Americans, and American Indians.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2. Fund Screening, Brief Intervention and Referral to Treatment (“SBIRT”)
programs to reduce the transition from use to disorders, including SBIRT services
to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MOUD in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MOUD, recovery
case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
5
8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/MH conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team
(“DART”) model;
6
3. “Naloxone Plus” strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including
MOUD, and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS,
AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID
WITHDRAWAL SYNDROME.
Address the needs of the perinatal population and caregivers with OUD and any co-
occurring SUD/MH conditions, and the needs of their families, including babies with
7
neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MOUD,
recovery services and supports, and prevention services for the perinatal
population—or individuals who could become pregnant—who have OUD and
any co-occurring SUD/MH conditions, and other measures to educate and provide
support to caregivers and families affected by Neonatal Opioid Withdrawal
Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with the
perinatal population and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for
NOWS babies; expand services for better continuum of care with infant-caregiver
dyad; and expand long-term treatment and services for medical monitoring of
NOWS babies and their caregivers and families.
5. Provide training to health care providers who work with the perinatal population
and caregivers on best practices for compliance with federal requirements that
children born with NOWS get referred to appropriate services and receive a plan
of safe care.
6. Provide child and family supports for caregivers with OUD and any co-occurring
SUD/MH conditions, emphasizing the desire to keep families together.
7. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
8. Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to, parent skills
training.
9. Provide support for Children’s Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children
being removed from the home and/or placed in foster care due to custodial opioid
use.
8
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MOUD referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
9
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse, including but not limited to
focusing on risk factors and early interventions.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support
prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
10
workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
11
12. Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Law enforcement expenditures related to the opioid epidemic.
2. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
3. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
12
4. Provide resources to staff government oversight and management of opioid
abatement programs.
5. Support multidisciplinary collaborative approaches consisting of, but not limited
to, public health, public safety, behavioral health, harm reduction, and others at
the state, regional, local, nonprofit, and community level to maximize collective
impact.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
13
7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MOUD and their association with
treatment engagement and treatment outcomes.
M. POST-MORTEM
1. Toxicology tests for the range of opioids, including synthetic opioids, seen in
overdose deaths as well as newly evolving synthetic opioids infiltrating the drug
supply.
2. Toxicology method development and method validation for the range of synthetic
opioids observed now and in the future, including the cost of installation,
maintenance, repairs and training of capital equipment.
3. Autopsies in cases of overdose deaths resulting from opioids and synthetic
opioids.
4. Additional storage space/facilities for bodies directly related to opioid or synthetic
opioid related deaths.
5. Comprehensive death investigations for individuals where a death is caused by or
suspected to have been caused by an opioid or synthetic opioid overdose, whether
intentional or accidental (overdose fatality reviews).
6. Indigent burial for unclaimed remains resulting from overdose deaths.
7. Navigation-to-care services for individuals with opioid use disorder who are
encountered by the medical examiner’s office as either family and/or social
network members of decedents dying of opioid overdose.
8. Epidemiologic data management and reporting to public health and public safety
stakeholders regarding opioid overdose fatalities.
1
EXHIBIT B
Local Abatement Funds Allocation
Subdivision Allocation Percentage
AITKIN COUNTY 0.5760578506020%
Andover city 0.1364919450741%
ANOKA COUNTY 5.0386504680954%
Apple Valley city 0.2990817344560%
BECKER COUNTY 0.6619330684437%
BELTRAMI COUNTY 0.7640787092763%
BENTON COUNTY 0.6440948102319%
BIG STONE COUNTY 0.1194868774775%
Blaine city 0.4249516912759%
Bloomington city 0.4900195550092%
BLUE EARTH COUNTY 0.6635420704652%
Brooklyn Center city 0.1413853902225%
Brooklyn Park city 0.2804136234778%
BROWN COUNTY 0.3325325415732%
Burnsville city 0.5135361296508%
CARLTON COUNTY 0.9839591749060%
CARVER COUNTY 1.1452829659572%
CASS COUNTY 0.8895681513437%
CHIPPEWA COUNTY 0.2092611794436%
CHISAGO COUNTY 0.9950193750117%
CLAY COUNTY 0.9428475281726%
CLEARWATER COUNTY 0.1858592042741%
COOK COUNTY 0.1074594959729%
Coon Rapids city 0.5772642444915%
Cottage Grove city 0.2810994719143%
COTTONWOOD COUNTY 0.1739065270025%
CROW WING COUNTY 1.1394859174804%
DAKOTA COUNTY 4.4207140602835%
DODGE COUNTY 0.2213963257778%
DOUGLAS COUNTY 0.6021779472345%
Duluth city 1.1502115379896%
Eagan city 0.3657951576014%
Eden Prairie city 0.2552171572659%
Edina city 0.1973054822135%
FARIBAULT COUNTY 0.2169409335358%
FILLMORE COUNTY 0.2329591105316%
FREEBORN COUNTY 0.3507169823793%
GOODHUE COUNTY 0.5616542387089%
2
Subdivision Allocation Percentage
GRANT COUNTY 0.0764556498477%
HENNEPIN COUNTY 19.0624622261821%
HOUSTON COUNTY 0.3099019273452%
HUBBARD COUNTY 0.4582368775192%
Inver Grove Heights city 0.2193400520297%
ISANTI COUNTY 0.7712992707537%
ITASCA COUNTY 1.1406408131328%
JACKSON COUNTY 0.1408950443531%
KANABEC COUNTY 0.3078966749987%
KANDIYOHI COUNTY 0.1581167542252%
KITTSON COUNTY 0.0812834506382%
KOOCHICHING COUNTY 0.2612581865885%
LAC QUI PARLE COUNTY 0.0985665133485%
LAKE COUNTY 0.1827750320696%
LAKE OF THE WOODS COUNTY 0.1123105027592%
Lakeville city 0.2822249627090%
LE SUEUR COUNTY 0.3225703347466%
LINCOLN COUNTY 0.1091919983965%
LYON COUNTY 0.2935118186364%
MAHNOMEN COUNTY 0.1416417687922%
Mankato city 0.3698584320930%
Maple Grove city 0.1814019046900%
Maplewood city 0.1875101678223%
MARSHALL COUNTY 0.1296352091057%
MARTIN COUNTY 0.2543064014046%
MCLEOD COUNTY 0.1247104517575%
MEEKER COUNTY 0.3744031515243%
MILLE LACS COUNTY 0.9301506695846%
Minneapolis city 4.8777618689374%
Minnetonka city 0.1967231070869%
Moorhead city 0.4337377037965%
MORRISON COUNTY 0.7178981419196%
MOWER COUNTY 0.5801769148506%
MURRAY COUNTY 0.1348775389165%
NICOLLET COUNTY 0.1572381052896%
NOBLES COUNTY 0.1562005111775%
NORMAN COUNTY 0.1087596675165%
North St. Paul city 0.0575844069340%
OLMSTED COUNTY 1.9236715094724%
OTTER TAIL COUNTY 0.8336175418789%
PENNINGTON COUNTY 0.3082576394945%
PINE COUNTY 0.5671222706703%
3
Subdivision Allocation Percentage
PIPESTONE COUNTY 0.1535154503112%
Plymouth city 0.1762541472591%
POLK COUNTY 0.8654291473909%
POPE COUNTY 0.1870129873102%
Proctor city 0.0214374127881%
RAMSEY COUNTY 7.1081424150498%
RED LAKE COUNTY 0.0532649128178%
REDWOOD COUNTY 0.2809842366614%
RENVILLE COUNTY 0.2706888807449%
RICE COUNTY 0.2674764397830%
Richfield city 0.2534018444052%
Rochester city 0.7363082848763%
ROCK COUNTY 0.2043437335735%
ROSEAU COUNTY 0.2517872793025%
Roseville city 0.1721905548771%
Savage city 0.1883576635033%
SCOTT COUNTY 1.3274301645797%
Shakopee city 0.2879873611373%
SHERBURNE COUNTY 1.2543449471994%
SIBLEY COUNTY 0.2393480708456%
ST LOUIS COUNTY 4.7407767169807%
St. Cloud city 0.7330089009029%
St. Louis Park city 0.1476314588229%
St. Paul city 3.7475206797569%
STEARNS COUNTY 2.4158085321227%
STEELE COUNTY 0.3969975262520%
STEVENS COUNTY 0.1439474275223%
SWIFT COUNTY 0.1344167568499%
TODD COUNTY 0.4180909816781%
TRAVERSE COUNTY 0.0903964133868%
WABASHA COUNTY 0.3103038996965%
WADENA COUNTY 0.2644094336575%
WASECA COUNTY 0.2857912156338%
WASHINGTON COUNTY 3.0852862512586%
WATONWAN COUNTY 0.1475626355615%
WILKIN COUNTY 0.0937962507119%
WINONA COUNTY 0.7755267356126%
Woodbury city 0.4677270171716%
WRIGHT COUNTY 1.6985269385427%
YELLOW MEDICINE COUNTY 0.1742264836427%
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022‐xxx
APPROVING LICENSE TO USE REAL PROPERTY
BE IT RESOLVED, by the City Council of Stillwater, MN that License to Use Real
Property between Washington County and the City of Stillwater for the use of for the
Hazardous Waste Day Collection & Electronics to be held on Saturday, May 21, 2022
is hereby approved and authorizes the Mayor and Acting City Clerk to sign the
agreement.
Adopted by the City Council this 18th day of January 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
_________
Beth Wolf, City Clerk
1
LICENSE TO USE REAL PROPERTY
This Agreement is entered into by and between The City of Stillwater, Minnesota
(Licensor), and the County of Washington, Minnesota (Licensee).
WHEREAS, Washington County wishes to hold a household hazardous collection
event in the City of Stillwater; and
WHEREAS the City of Stillwater agrees to make the Lily Lake Park available for such
event; and
WHEREAS, the collection of household hazardous waste provides a public benefit to
the residents of Stillwater and the surrounding areas.
NOW, THEREFORE, IT BE HEREBY MUTUALLY AGREED AS FOLLOWS:
I. GRANT OF LICENSE
The City of Stillwater hereby grants Washington County a temporary nonexclusive
license for the following dates: All day on Saturday May 21, 2022.
For the following location: Lily Lake Park
1208 Greeley St S
Stillwater, MN 55082
II. LIMITATION TO DESCRIBED PURPOSE
The licensed premises may only be used by Licensee for the purpose of collecting
household hazardous waste, waste consumer electronics, and for attendant purposes
related thereto.
III. PAYMENT
Licensee shall pay to the City of Stillwater $300 for each day of the license, and
payment shall be made 30 days after each day of the license and will be sent to:
City of Stillwater
216 4th St N
Stillwater, MN 55082
IV. INDEMNIFICATION AND INSURANCE
Notwithstanding any other provision to the contrary, the Licensor agrees to indemnify,
defend and hold harmless the Licensee, its officers, employees and agents for any and
all claims arising out of the contractor’s activities related t o the services provided under
this agreement.
2
Licensee agrees that in order to protect itself as well as the Licensor from claims
arising out of providing services and the use ofthe space and furniture under this
agreement, it will at all times during the term of this agreement keep in force policies
of insurance providing: General liability limits of $500,000 per claimant and
$1,500,000 per occurrence. Certificates of Insurance evidencing the insurance
required under this clause must be provided to the Licensor before the effective date
of this agreement. The licensee shall also have workers compensation Insurance in
statutory amounts.
V. NONDISCRIMINATION
During the performance of this agreement, the Licensee agrees to the following: No
person shall, on the grounds ofrace, color, religion, age, sex, disability, marital status,
public assistance status, criminal record, creed to national origin be excluded from full
participation in or be otherwise subjected to discrimination under any and all
applicable federal and state laws against discrimination.
VI. RECORDS AVAILABILITY AND RETENTION
Pursuant to Minnesota Statute 16C.05, Subd. 5, the Licensee agrees that the Licensor,
the State Auditor, or any oftheir duly authorized representatives at any time during
normal business hours and as often as they may reasonably deem necessary, shall
have access to and the right to examine, audit, excerpt, and transcribe any books,
documents, papers, records, etc., which are pertinent to the accounting practices and
procedures of the Licensee and involve transactions relating to this agreement. The
Licensee agrees to maintain and make available these records for a period of six years
from the date of termination of this agreement.
VII. FIREARMS PROHIBITED
Unless specifically required by the terms of this contract or the person it is subject to
an exception provided by 18 USC§ 926B or 926BC (LEOSA) no provider of services
pursuant to this contract or subcontractors shall carry or possess a firearm on county
premises or while acting on behalf of Washington County pursuant to the terms of this
agreement. Violation of this provision is grounds for immediate suspension or
termination of this contract.
VIII. SCOPE OF USE
County has sole use of area and is responsible for security and traffic flow. Use of site
involves large traffic volumes and the County shall not be liable for damage to parking
lot or driveways under normal high volume use. County will erect at tent or tents if
needed to facilitate our collection. This includes breaching small holes in the
bituminous surface of the parking lot to facilitate driving of stakes and securing
guyline to the tent. Holes will be repaired by tent purveyor.
3
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated below.
CITY OF STILLWATER WASHINGTON COUNTY
By: By:
Ted Kozlowski, Mayor Chair, Washington County
Board of Commissioners
By: By:
Beth Wolf, City Clerk Kevin Corbid
Washington County Administrator
Date: Date:
By:
David Brummel, Director
Department of Public Health
and Environment
Date:
APPROVED AS TO FORM
By:
Assistant Washington County Attorney
Date:
PLANNING REPORT
TO: City Council CASE NO.: 2021-64
MEETING DATE: January 18, 2022
APPLICANT: City of Stillwater
LANDOWNER: N/A
REQUEST: Consideration of a Zoning Text Amendment relating to fence regulations
LOCATION: Citywide
ZONING: Citywide
REPORT BY: Abbi Wittman, City Planner
INTRODUCTION
As the Council is aware, the City has recently adopted provisions to allow for administrative
citations to violations to the City Code. However, the City’s fence regulations call for an
enforcement process that is in conflict with the recently-adopted administrative citation process.
Thus, City staff is requesting modification to the fence regulations that allow for enforcement
consistent with the recently-adopted administrative citation provisions.
Additionally, the current fence regulations indicate that, where a non-conformity (i.e. placement
in required setback, height, etc.) exists, it is not allowed to be rebuilt. This is inconsistent with
MN Stat. 462.357, Subd. 1e. which indicates nonconformitites may be repaired, replaced,
restored, maintained, improved but not expanded. The proposed ordinance amendment brings
the City’s fence regulations into conformance with the State Statute.
Given the City needed to modify its fence regulations, City staff reviewed the ordinance and
updated it to ensure it was meeting the City’s needs.
On November 17, the Planning Commission held a public hearing and discussed the proposed
amendments. By a 7-0 vote, the Planning Commission recommended the City Council adopt the
Zoning Text Amendment with modifications noted in this report.
SPECIFIC REQUEST
The City is requesting approval of a Zoning Text Amendment to repeal and replace the fence
regulations.
CPC Case 2021-64
Page 2 of 3
ANALYSIS
Review of Recommended Changes
In addition to conformance to the requirements noted in the Introduction section of this report,
the proposed amendment includes the following changes:
• Allowing for certain exemptions (i.e. fences for public recreational park and school,
snow, construction sites, erosion control, chicken coops and runs, and repair)
• Requires conformance to adopted area design guidelines
• Requires encroachment agreements when fences are proposed in a right-of-way
• Refines how a fence is measured (from the ground grade to the picket top)
• Allows height to be increased when a part of an approved Conditional Use Permit
• Allows for private recreational fences (i.e. tennis and sport courts) and establishes
setbacks for these “backyard” improvements
• Requires maintenance of fences
The new ordinance will also require fencing (or some safety barrier) where a public safety fall
hazard exists. At the Planning Commission’s public hearing, the Commission expressed
concerns that, when a public safety concern is present, the Code would require a minimum 48”
fence at the top of any retaining wall that is four feet in height or higher. The first concern was
that this is inconsistent with building code requirements of a 36” barrier. The second concern
was that, though it is common for four-foot drop to exist along a public right-of-way, a retaining
wall could rise above the public right-of-way and, under these scenarios, the fence or barrier
would exceed 36-48” in height. Thus, the Commission recommends the language to read:
Where public safety is a concern, a minimum of 36” tall fence or equivalent safety
barrier shall be required on top of any retaining wall that is four feet in height of higher.
This fence shall be measured from the ground grade of the public space.
This amendment has been incorporated into the draft ordinance for Council consideration.
City Code Analysis
Prior to approving a Zoning Text Amendment, the City must first find that the public necessity,
and the general community welfare are furthered; and that the proposed amendment is in general
conformance with the principles, policies and land use designations set forth in the
comprehensive plan.
The intent of this Zoning Text Amendment is two-fold:
1. Come into compliance with adopted city and state regulations.
Consistency with established laws is a public necessity and the general community welfare
will be furthered. There are no conflicts with the Comprehensive Plan.
2. Adjust the City’s fence standards to ensure they are up to date with community needs.
CPC Case 2021-64
Page 3 of 3
The City’s current fence regulations, though amended in minor ways in 1995 and 2002, were
adopted in 1994. Since that time, the City has grown and developed considerably. The
proposed amendments will help streamline and clarify code requirements, while combining,
adjusting and adding requirements. Modifying the City Code to conform to modern
standards and needs is a public necessity to which the general community welfare is
furthered. The proposed amendment is not in conflict with the principles, policies and land
use designations set forth in the comprehensive plan.
POSSIBLE ACTIONS
The City Council has the following options:
A. Approve the first reading of the proposed Ordinance, with or without alterations.
B. Deny the request.
C. Table the request for additional information.
FINDINGS AND RECOMMENDATION
As noted, staff finds the public necessity, and the general community welfare are furthered; and
that the proposed amendment is in general conformance with the principles, policies and land use
designations set forth in the comprehensive plan. Therefore, staff recommends the City Council
adopt the requested Zoning Text Amendment and approve the 1st reading of the Ordinance.
Attachments: Proposed Ordinance
City of Stillwater
Washington County, Minnesota
ORDINANCE NO.
AN ORDINANCE AMENDING STILLWATER CITY CODE BY REPEALING AND REPLACING
CITY CODE SECTION 31-508, FENCE REGULATIONS
The City Council of Stillwater does ordain:
SECTION 1 REPEAL AND REPLACE. Stillwater City Code Section 31-508, Fence
regulations, is hereby repealed and replaced as follows:
Subd. 1. Purpose. The purpose of this Section 31-508 is to provide for the regulation of
fences in the city, to prevent fences being erected that would be a hazard to the public, or an
unreasonable interference with the uses and enjoyment of neighboring property and are
compatible with existing uses, other zoning restrictions and drainageways.
Subd. 2. Permit required. Unless exempted pursuant to Subd. 3, no fence shall be erected
without first obtaining a fence permit. Application shall be made to the community
development director. The fee shall be established by resolution of the city council. The
community development director is authorized to issue a fence permit if the application
indicates that the fence will be in compliance with this Section 31-508. The city council shall
hear and decide appeals when it is alleged that the community development director was in
error. The appeals shall be taken as prescribed in Section 31-217 of this chapter.
Subd. 3. Permit Exemptions. The following activities and uses shall be exempt from
obtaining a fence permit.
(a) Public park and school recreational fences, including backstops.
(b) Snow fences between November 1 and April 15.
(c) Fences used to secure active construction sites.
(d) Fences used for erosion control.
(e) Fences to enclose chicken coops/runs when a chicken keeping permit has been
issued.
(f) Fence repair.
Subd. 4. Standards. Fences may be permitted in all yards, subject to the following:
(a) Design.
i. Fences in a design review overlay district must comply with adopted guidelines.
ii. The side of the fence considered to be the face (finished side as opposed to
structural supports) shall face abutting property.
(b) Location.
2
i. Fences may be placed on the lot line provided that the footings are within the
fence owner's property.
ii. No fence shall be permitted on public rights-of-way without an encroachment
agreement approved by the City Council.
iii. No fence may be erected on either street side of a corner lot that will obstruct
or impede the clear view of an intersection by approaching traffic, subject to
the provisions of Section 31-505, Subd. 1 that would control where
inconsistent with this provision.
iv. No fence shall be erected where it will impede a drainageway or drainage
easement.
v. No fence shall be erected before all lots within a drainage system or platted
block have had the final grade established and approved and all lots within the
system or platted block have had turf established with grass seed or sod.
(c) Height. Height shall be measured from ground grade to the top of the picket. The height
of fences in all districts shall be subject to the following:
i. Residential
a) Fences in excess of 72 inches above the ground grade are prohibited in
residential districts.
b) Fences are limited to a height of 48 inches in the front yard and exterior
side yard setback areas.
ii. Non-residential
a) Fences in non-residential districts may be erected on the lot line to the
height of 72 inches. Non-residential heights may exceed the maximum
allowable height only if:
1. It is accommodating a security arm for barbed wire, the
maximum allowed height shall be 96 inches;
2. It is used for screening required as part of an approved
Conditional Use Permit.
iii. Residential and non-residential.
a) Where public safety is a concern, a minimum of 36” tall fence or
equivalent safety barrier shall be required on top of any retaining wall
that is four feet in height of higher. This fence shall be measured from
the ground grade of the public space.
b) Tennis courts, basketball courts and other substantially similar
recreational situations in residential zones may have a single fence no
higher than 10 feet.
1. Recreational fences must be set back a minimum of 10 feet from
any property line.
2. With the exception of public park and school property,
recreational fences cannot be located in the front or exterior side
yard.
Subd. 5. Maintenance. Fences must be maintained to the following standards:
3
(a) All fences, walls and screening must be maintained and kept in good repair by the
property owners. The property owner is responsible to repair or remove fences, walls or
screening if it becomes unsightly or a hazard to the public.
(b) Missing boards, pickets or posts shall be replaced within 30 days with material of the
same type and quality.
(c) Fences and walls shall be installed and maintained in an upright condition. The ability
to stand and remain upright must be supported entirely from the posts or support
beams.
(d) Fences designed for painting or similar surface finishes shall be painted, stained or
varnished to manufacturer’s specifications. Metal fences must be preserved against
rust.
Subd. 6. Violations. Violations may result in an administrative citation pursuant to
City Code Section 22-10, abatement of the violation pursuant to City Code Section 38-7, and/or
a criminal citation pursuant to City Code Section 21-9.
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 fence ordinance has been revised to ensure they meet current community needs
and to come into compliance with city and state regulations
SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Approved this _______ day of January, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
COMMUNITY DEVELOPMENT REPORT
TO: City Council
MEETING DATE: January 18, 2022
TOPIC: Consider TKDA Contract Amendment #3 for Chestnut Street
Plaza Design
REPORT BY: Tim Gladhill, Community Development Director
INTRODUCTION
As of writing of this case, a formal proposal is still pending. The agenda will be updated on
Tuesday, January 18 with appropriate materials.
As the City navigates to final construction plans, two (2) additional design changes have
been requested since the last contract amendment.
1. Tree Vault
2. Additional Conduit for Holiday Light Show
Both amendments are at the discretion of the City Council and are not required. Related to
the tree vault installed earlier this winter, TKDA will need to survey the vault and incur
additional design/drafting time to add to the plan sheets. Staff will explore the option of
leaving out of the plan set and reconstruct at a later date after the project is complete.
Related to the additional conduit, the City’s contractor that installs the lights requested that
the City explore additional conduit for a signal wire to assist in the animation of the lights.
This will require additional drafting and design time to add to the plan sheets.
As a sidebar, Staff, in consultation with TKDA, is concerned that additional design costs and
logistics may begin to tap in the Construction Administration portion of the City ’s contract
with TKDA. As noted before, the design process proved to be more complicated than
originally anticipated in terms of State MSA Design Standards and historic preservation
compliance. Staff makes this note simply to outline the importance of amending the contract
for these two new requests. Staff has been working diligently to contain any future cost
increases.
January 14, 2022
Page 2
Figure (above): Additional Conduit Request
Figure (above): Example of Hand Holes added for additional conduit – holiday light
show.
SPECIFIC REQUEST
The City Council is asked to direct Staff either to include or not include the two (2) request s
noted above in the final construction plans for Chestnut Street Plaza. If directed to move
forward with one or both of the requests, a Contract Amendment with TKDA will be required
with additional design and construction costs. A more detailed proposal will be presented
when available.
Attachments: Pending
TO: Mayor & City Council
FROM: Tom McCarty, City Administrator
Sharon Provos, Finance Director
Donna Robole, Human Resources Manager
DATE: January 14, 2022
SUBJECT: Implementation of Updated Stillwater Compensation Plan Wage Schedule Based
on GovHR USA Market Analysis Report and Recommendations
BACKGROUND INFORMATION
In 2016, the City of Stillwater implemented a new Classification/Compensation system for city
employees. An extensive analysis of city positions, job duties, comparative market review, staff
discussion, appeals process and bargaining unit ratification of the new system preceded
implementation. The Class/Comp defines the wage ranges for all employee positions in the City.
Since 2016, the City Council has annually approved an incremental base wage adjustment to the
system wage schedule corresponding to wage rate adjustments included in bargaining unit contract
agreements. Over the past 18 months, the City has found it increasingly difficult to recruit talented
individuals to fill vacant positions and to retain talented employees due to non-competitive wage
rates for some city positions.
Based on an RFP process requesting vendor proposals to conduct a market review of the City’s
compensation schedule, on October 5, 2021, the City Council accepted the proposal and awarded
a contract to GovHR USA for completion of a comparative market analysis of the City’s
compensation wage schedule. On January 4, 2022, GovHR USA presented the Compensation
Study Draft Final Report and Recommendations which recommended moving the City
Compensation Plan Wage Schedule to the 60th percentile of the comparative market results
(Table 2 in the GovHR USA Final Report – see attached). The City Council accepted the
Report and directed staff to prepare an implementation plan and resolution for City Council
consideration at its January 18, 2022 meeting.
IMPLEMENTATION PROCESS & PLAN
Based upon staff analysis of the GovHR USA Recommendations, implementation of the
recommended update to the Stillwater Compensation Plan Wage Schedule consistent with Table
2 in the GovHR USA Final Report would include the following procedural actions:
1)City Council adopts resolution updating the Stillwater Compensation Plan Wage Schedule
and authorizes funding of implementation costs;
2)Each of the City’s Bargaining Units must concur with updates to Stillwater Compensation
Plan Wage Schedule for that Bargaining Unit.
Implementation of the updated Compensation Plan Wage Schedule would include the following
protocols:
1)All City employees whose current January 1, 2022 compensation rate is within the range
for their classification would move to the closest step in the updated Plan (Table 2 in the
GovHR USA Final Report) that will provide a rate increase, retroactive to January 1, 2022.
2)Employees whose current compensation rate is below the minimum for their classification
will be moved to the minimum of the range retroactive to January 1, 2022.
3)Employees will continue to be eligible for subsequent step increases based upon their
anniversary date in the position and any applicable collective bargaining unit agreement
provisions.
FISCAL IMPACT
The estimated 2022 fiscal impact to implement the Updated Stillwater Compensation Plan Wage
Schedule consistent with Table 2 in the GovHR USA Final Report retroactive to January 1, 2022
is approximately $240,000, of which approximately $200,000 is levy cost and $40,000 is enterprise
fund cost. The adopted 2022 budget included an appropriation of $100,000 for implementation of
the updated Compensation Plan Wage Schedule, leaving an implementation cost gap of $100,000.
In order to fund the $100,000 implementation cost gap, staff reviewed all 2022 budgeted revenues
and expenditures and all existing fund balances. The unassigned audited 2020 general fund
balance increased by nearly $1 million to $5,094,506.
In order to fully implement the updated Stillwater Compensation Plan Wage Schedule consistent
with Table 2 in the GovHR USA Final Report, staff suggests a reasonable and prudent one-time
expenditure of $100,000 of general fund balance. The unassigned general fund balance would still
be within the range of 35% - 50% of the total operating expenditures established by the City’s fund
balance policy. A one-time expenditure of fund balance to implement the updated wage schedule
creates an ongoing operational cost into 2023 and will require an additional $100,000 in base
revenue funding for the 2023 budget. Some current 2022 expenditures that may be reduced or not
exist in 2023 will assist in mitigating the additional cost - $80,000 in operational review
expenditures (Fire Dept and Police Dept), retiree health insurance costs and the potential for
increased fee schedule revenues.
RECOMMENDATION
To implement the updated Stillwater Compensation Plan Wage Schedule consistent with the
GovHR USA Final Report, staff recommends approval of the attached resolution titled:
Resolution Approving Implementation of Updated Stillwater Compensation Plan Wage Schedule
Effective January 1, 2022; Authorizing $100,000 Expenditure of Unassigned General Fund
Balance to Assist in Funding Implementation Costs.
City of Stillwater, MN
Table 2 -Proposed Pay Ranges
60th Percentile -Proposed Pay Range~~
FY22
Administrative and Technical
9% Between Grades and a 35% Range Spread
Minimum Maximum
4 47,940 64,719
5 52,255 70,544
6 56,958 76,893
7 62,084 83,813
8 67,671 91,356
Supervisors and Advanced Technical
5% Between Grades and a 35% Range Spread
Minimum Maximum
9 79,050 106,718
10 83,003 112,053
Directors and Senior Managers
12% Between Grades and a 35% Range Spread
Minimum Maximum
11 96,390 130,127
12 107,957 145,742
13 120,912 163,231
City Administrator
35% Range Spread from Minimum to Maximum
Minimum Maximum
14 136,170 183,830
City of Stillwater, MN
Step 1
4 47,940
5 52,255
6 56,958
7 62,084
8 67,671
Step 1
9 79,050
10 83,003
Step 1
11 96,390
12 107,957
13 120,912
Step 1
14 136,170
60th Percentile -Proposed Pay Ranges -FY22
Administrative and Technical
3% Between Each Step, 9% Between Grades, and a 35% Range Spread from Minimum to Maximum
Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
49,378 50,860 52,385 53,957 55,576 57,243 58,960 60,729 62,551 64,427
53,822 55,437 57,100 58,813 60,577 62,395 64,267 66,195 68,180 70,226
58,666 60,426 62,239 64,106 66,029 68,010 70,051 72,152 74,317 76,546
63,946 65,865 67,841 69,876 71,972 74,131 76,355 78,646 81,005 83,435
69,701 71,792 73,946 76,165 78,449 80,803 83,227 85,724 88,296 90,944
Supervisors and Advanced Technical
3% Between Each Step, 5% Between Grades, and a 35% Range Spread from Minimum to Maximum
Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
81,422 83,864 86,380 88,971 91,641 94,390 97,222 100,138 103,142 106,237
85,493 88,057 90,699 93,420 96,223 99,109 102,083 105,145 108,299 111,548
Directors and Senior Managers
3% Between Each Step, 12% Between Grades, and a 35% Range Spread from Minimum to Maximum
Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
99,282 102,260 105,328 108,488 111,742 115,095 118,548 122,104 125,767 129,540
111,196 114,531 117,967 121,506 125,152 128,906 132,773 136,756 140,859 145,085
124,539 128,275 132,123 136,087 140,170 144,375 148,706 153,167 157,762 162,495
City Administrator
3% Between Each Step and a 35% Range Spread from Minimum to Maximum
Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
140,255 144,463 148,797 153,261 157,858 162,594 167,472 172,496 177,671 183,001
GovHR USA, LLC 13
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-XXX
RESOLUTION APPROVING IMPLEMENTATION OF UPDATED STILLWATER
COMPENSATION PLAN WAGE SCHEDULE EFFECTIVE JANUARY 1, 2022;
AUTHORIZING $100,000 EXPENDITURE OF UNASSIGNED GENERAL FUND
BALANCE TO ASSIST IN FUNDING IMPLEMENTATION COSTS
WHEREAS, in 2016, the City of Stillwater implemented a new Classification/
Compensation system for city employees, based on an extensive analysis of city positions, job
duties, comparative market review, staff discussion, appeals process and bargaining unit
ratification of the new system; and
.
WHEREAS, during the past 18 months, the City has found it increasingly difficult to
recruit talented individuals to fill vacant positions and to retain talented employees due to non-
competitive wage rates for some city positions; and
WHEREAS, based on recruitment and retention challenges, and following an RFP
process, the City Council authorized a contract with GovHR USA to conduct a comparative market
analysis of the City’s compensation plan wage schedule; and
WHEREAS, on January 4, 2022, the City Council accepted the GovHR USA
Compensation Study Draft Final Report and Recommendations which recommended moving the
City Compensation Plan Wage Schedule to the 60th percentile of the comparative market results
(Table 2 in the GovHR USA Final Report – attached), and directed staff to prepare an
implementation plan and resolution for City Council consideration at its January 18, 2022 meeting;
and
WHEREAS, based on an analysis of the GovHR USA Final Report, staff recommends
that in order to assist with employee recruitment and retention challenges, it is in the best interests
of the City for the City Council to approve implementation of the Updated Stillwater
Compensation Plan Wage Schedule as attached, retroactive to January 1, 2022, and to fund the
cost of implementation from 2022 budgeted funds and a prudent one-time expenditure of general
fund balance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, as
follows:
1)Approves implementation of the Updated Stillwater Compensation Plan Wage Schedule
effective January 1, 2022 shown as Table 2 in the Gov HR USA Compensation Study Final
Report;
2)Authorizes a one-time expenditure of $100,000 from the City unassigned general fund
balance to assist with funding the $200,000 implementation cost;
3) Directs City staff to work with City bargaining units regarding implementation.
Adopted by the City Council this 18th day of January, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST
Beth Wolf, City Clerk
TO: Mayor and City Council Members
FROM: Tom McCarty, City Administrator
Donna Robole, HR Manager
DATE: January 14, 2022
SUBJECT: City of Stillwater Employer Paid COVID-19 Leave
BACKGROUND
The City takes its responsibility to provide a safe and healthy environment for its employees and its customers
seriously. Throughout the COVID-19 pandemic, the City has and will continue to take necessary steps to ensure all
employees and customers are safe and healthy while at work or while at City facilities.
Members of the City of Stillwater workplace are directed to self-monitor for disease symptoms, practice personal
safety and health practices such as handwashing, maintaining appropriate distance and staying home when sick,
and adhering to all posted signage and directives. The workforce must also comply with the infection control and
mitigation protocols, including testing, contact tracing, isolation and quarantining, as directed.
The City follows Centers for Disease Control and Minnesota Department of Health guidelines and doing so can
require an employee to remain away from the workplace for 5 – 14 days, or more, depending on circumstances. If
an employee notifies a supervisor of exposure, the supervisor and the City’s Human Resources staff work together
to determine a plan for the employee based on the data. Employees in their first year of service with the City may
not be eligible for employer-provided sick leave due to the terms of collective bargaining agreements, and may not
be eligible for employer-provided protections under the Family Medical Leave Act.
Therefore, the City recommends an allocation of up to 80 hours of COVID-19 Leave, to be utilized by City staff as
follows:
• Care of Self
o Employee Vaccination: Become vaccinated with a COVID-19 vaccine authorized for use by the
World Health Organization and the U.S. Food and Drug Administration
o Recover: Recover from side effects from each dose
o Isolation/Quarantine: Employees who test positive for COVID-19 must stay home from work and
isolate or quarantine for five or more days
o Experiencing COVID-19 symptoms and seeking a medical diagnosis/test result
• Care of Family Member who has been advised by a health care provider to isolate or quarantine due to
constraints related to COVID-19.
• City of Stillwater coverage eligibility begins January 1, 2022, and sunsets December 31, 2022.
Employer-paid COVID-19 leave is an eligible expense under the American Rescue Plan Act funding allocated to the
City of Stillwater.
RECOMMENDATION: Staff recommend the approval of the resolution titled, “Employer Paid COVID-19
Leave for 2022.”
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022‐XXX
APPROVING EMPLOYER PAID COVID‐19 LEAVE FOR 2022
WHEREAS, the City of Stillwater takes its responsibility to provide a safe and healthy
environment for its employees and its customers seriously; and
WHEREAS, throughout the COVID-19 pandemic, the City has and will continue to
take necessary steps to ensure all employees and customers are safe and healthy while at
work or while at City facilities; and
WHEREAS, members of the City of Stillwater workforce are directed to self-monitor
for disease symptoms, practice personal safety and health practices such as handwashing,
maintaining appropriate distance and staying home when sick, and adhering to all posted
signage and directives; and
WHEREAS, the workforce must also comply with the infection control and
mitigation protocols, including testing, contact tracing, isolation and quarantining, as
directed; and
WHEREAS, the City of Stillwater follows Centers for Disease Control and Minnesota
Department of Health guidelines such that if an employee notifies a supervisor of exposure
or a positive COVID-19 test result for themselves or a household family member, the
supervisor and the City’s Human Resources staff work together to determine a work plan for
the employee based on the data; and
WHEREAS, employees may be directed to remain away from the worksite for 5 – 14
days, depending on their COVID-19 circumstances; and
WHEREAS, employees in their first year of employment with the City may not be
eligible for employer-provided sick leave due to the terms of a collective bargaining
agreement, and may not be eligible for employer-provided protections under the Family
Medical Leave Act; and
WHEREAS, an allocation of up to 80 hours of paid COVID-19 Leave, would to be
available to City staff to utilize as follows:
Care of Self
o Employee Vaccination: Become vaccinated with a COVID-19 vaccine
authorized for use by the World Health Organization and the U.S. Food and
Drug Administration
o Recover: Recover from side effects from each dose
o Isolation/Quarantine: Employees who test positive for COVID-19 must stay
home from work and isolate or quarantine for five or more days
o Experiencing COVID-19 symptoms and seeking a medical diagnosis/test
result
2
Care of Family Member who has been advised by a health care provider to isolate or
quarantine due to concerns related to COVID-19.
City of Stillwater employee COVID-19 leave coverage eligibility begins retroactive
to January 1, 2022, and sunsets December 31, 2022; and
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater
hereby approves a 2022 Paid COVID-19 Leave for City of Stillwater employees.
Adopted by the City Council this 18th day of January, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
DATE: January 14, 2022
TO: Stillwater City Council
FROM: Tom McCarty, City Administrator
SUBJECT: City of Stillwater 2022 State Legislative Agenda / Priorities
BACKGROUND
At the November 9, 2021 City Council meeting, the Council discussed potential 2022
legislative priorities (attached) and directed staff to conduct an RFP process to engage a
legislative lobbying firm to assist the City with legislative issues during 2022 State
Legislative session. Following the RFP process, the City Council selected the Lockridge,
Grindal Nauen firm to provided lobbying services for the City during the 2022 Legislative
session. Senator Housley, and Representatives Dettmer and Christensen have been advised
of this representation.
The City’s potential 2022 legislative priorities were shared with the City’s lobbyists and in a
brief introductory meeting between the lobbyists and the City Administrator, the lobbyists
provided the attached information/timelines regarding the requirements for a local
government to enact a sales tax. Given the requirements and ex tremely tight time legislative
timelines to initiate a local sales tax proposal, the lobbyists recommended that the City
concentrate on “bundling” the St. Croix River park/recreation improvements as a phased
approach, into one bonding bill request, and begin to review a strategic long-term approach
to local government sales tax request for a future legislative session.
Accordingly, staff has summarized the proposed capital improvements to City
park/recreation facilities along the St. Croix River on the attached document for Council
review. If the City Council agrees with this approach, Council should approve a motion to
direct the City staff to work with the City’s lobbyist to begin drafting appropriate documents
for submittal to the State Legislature to include in a State Bonding Bill.
CITY OF STILLWATER – POTENTIAL 2022 LEGISLATIVE AGENDA ITEMS
November 9, 2021
Policy & Finance/Economic Development
-Local Sales Tax Option to support Downtown Improvements and Services
-Downtown Façade Program funding
-Sales Tax Exemption on Municipal Purchase of Goods and Services
Capital Improvements
-Brown’s Creek Trail Connection at County Road 5
-Lumberjack Landing Short Term Improvements
-Chestnut Street Plaza
-Bridgeview Park – Bergstein Shoddy Mill & Transient Dock
-Downtown Street Light Replacement Project
-Lowell Park Pavilion Repair
Other Major Legislative Issues (in concert with Professional Organizations)
-White Bear Lake Level Litigation – Legislative Approach
-Housing Affordability
-Changes to Building Codes – oppose loss of local control
-Public Safety Training Standards and Requirements
Senate Counsel, Research, and Fiscal Analysis
Tom Bottern, Director
Minnesota Senate Building
95 University Ave. W. Suite 3300
ST. PAUL, MN 55155-1800
(651) 296-4791
www.senate.mn/scrfa
Senate
State of Minnesota
TO: Interested Parties
FROM: Nora Pollock, Senate Counsel (651/297-8066)
DATE: January 6, 2021
RE: Requirements for enacting a local sales tax
There are several requirements for a local government to enact a sales tax, many of which were
modified in the 2019 first special session. Generally, local sales tax revenues may be used
instead of traditional local revenues (such as LGA) only for construction and rehabilitation of
capital projects that have a clear and demonstrated regional benefit beyond the local jurisdiction.
A local government must take the following steps to impose the tax:
1. Pass a resolution prior to seeking legislative authority. The resolution must include:
• A detailed description of no more than five capital projects to be funded by the
proposed tax;
• Documentation of the regional significance of each project, including the share of
the benefit to or use of each project by persons other than local residents; and
• The amount revenue from the sales tax that would be used for each project and the
estimated time needed to raise that amount.
2. Submit the resolution to the chairs and ranking members of the House and Senate
Tax Committees by January 31 of the year of the proposed authorization. The
submission must include underlying documentation showing how the regional benefit,
including the share of the economic benefit to or use of each project by persons residing, or
businesses located, outside of the jurisdiction was determined.
2
3. Receive legislative approval to impose the tax via a special law. The legislative
approval must not include a project that was not in the resolution. The legislation would
detail the tax rate, the projects, the total revenue that will be raised from the tax, and the
estimated length of time the tax would be in effect.
4. Receive voter approval to impose the tax at a general election held within two years
after receiving legislative authority. The ballot must contain a separate question for each
proposed project. Only the projects that received a majority of “yes” votes may be funded
with the tax. If not all projects are approved by the voters, the total revenue raised and the
duration of the tax must be reduced proportionately based on the share of the approved
projects’ costs to the total costs in the authorizing legislation.
5. File the resolution and documentation of voter approval with the Secretary of State.
Pending legislative and voter approval, the tax could be imposed on the first day of a calendar
quarter following at least sixty days’ notice to sellers.
The 2019 legislation modifying the requirements for enacting a local sales tax can be found here
(Minnesota Laws 2019, first special session, chapter 6, article 5, sections 1-4), and is now
codified at Minnesota Statutes, section 297A.99.
Minnesota House Research Department
www.house.mn/hrd | 651-296-6753 | 600 State Office Building | St. Paul, MN 55155
Memorandum
August 9, 2019
To Interested Parties
From Pat Dalton, Legislative Analyst
Subject G eneral steps for imposing a local sales tax after July 1, 2019
In order to impose a local sales tax, a political subdivision must obtain enactment of a special law
authorizing it to do so by taking the following steps (in the order listed):
1) The governing body of a political subdivision must pass a resolution proposing the tax and
stating the:
a. proposed tax rate;
b. a detailed description of no more than five capital projects to be funded by the tax;
c. documentation of the regional significance of each project including the benefits to
nonlocal persons and businesses;
d. the amount of revenue to be raised for each project and the estimated time to raise
that amount; and
e. the total to be raised for all projects and the anticipated expiration date for the tax.
2) The political subdivision must submit the resolution and documentation on regional
significance of each project to the chairs and ranking minority members of the House and
Senate tax committees by January 31 of the year that it seeking the special law.
3) Working with a legislator, the political subdivision must request and get enacted a special
law authorizing imposition of the tax.
4) The political subdivision must file local approval with the secretary of state before the start
of the next regular legislative session after the session in which the enabling law is enacted.
5) The political subdivision must receive voter approval at a general election within two years
of receiving the local sales tax authority before it can impose the tax. A separate question
must be held for each project and only the ones approved by voters may be funded by the
sales tax. The authorized revenue to be raised and length the tax is imposed is reduced for
any project that is not approved by the voters.
6) The political subdivision must pass an ordinance imposing the tax and notify the
Commissioner of Revenue at least 90 days before the first day of the calendar quarter on
which the tax is to be imposed.
Note: The political subdivision may not spend money to promote passage of a local sales tax. It may
only spend money to (1) disseminate information from the required resolution, (2) hold public forums
on the issue, provided that proponents and opponents are given equal time to express their opinions,
(3) provide facts on the proposed projects and the impact of the proposed tax on consumers, and (4)
conduct the required referendum.
PD/mc
City of Stillwater
Park/Recreation Facilities Capital Improvements Along St. Croix River and Regional
Trail System
Potential State Bonding Bill Request for 2022 Legislative Session
January 14, 2022
Project Total Project Cost Current Committed
Dollars
Remaining
Funding/Funding
Request
Lumberjack Landing $3,000,000 $1,500,000 $1,500,000
Lowell Park $350,000 $0 $350,000
Chestnut Street
Plaza
$2,400,000 $2,000,000 $400,000
Bridgeview Park –
Priority Area
Discussion
(Bergstein Shoddy
Mill + Transient
Dock)
$1,750,000 $0 $1,750,000
Bridgeview Park –
Remaining Phases
$2,000,000 $0 $2,000,000
Total $9,500,000 $3,500,000 $6,000,000
TO: Mayor & City Council
FROM: Tom McCarty, City Administrator
DATE: January 14, 2022
SUBJECT: Stillwater Fire Department Staffing Analysis RFP Responses – Recommendation
Accepting Most Responsive Proposal and Authorizing Agreement for Services
BACKGROUND INFORMATION:
The City’s 2021-2025 Strategic Plan includes an action item within the Organizational Excellence
theme to address Public Safety staffing needs. To effectuate that Strategic Plan priority, the City
Council included $40,000 in the adopted 2022 budget to engage a consultant to conduct a Fire
Department Staffing Analysis for the City. Critical elements of a consultant proposal to perform
the staffing analysis include: the previous experience and staff qualifications of the consulting
firm, staffing analysis process, stakeholder engagement, cost analysis, funding & implementation
analysis, timeline to perform the analysis and cost of the analysis.
An RFP to perform a Fire Department Staffing Analysis was issued on December 8, 2021 and
proposals were submitted by seven (7) consulting firms by the submittal deadline of January 7,
2022 as follows:
McGrath Consulting $18,460
Wonder Lake, IL
Fitch & Associates $34,995
Platte City, MO
Matrix Consulting Group $40,000
San Mateo, CA
Winbourne Consultants, LLC $42,540
Arlington, VA
McMahon Associates, Inc. $45,000
Neenah, WI
Center for Public Safety Mgmt, LLC $59,000
Washington, D.C.
Citygate Associates, LLC $61,496
Folsom, CA
RECOMMENDATION:
An evaluation team comprised of the Fire Chief, the Deputy Fire Chief, the Assistant Finance
Director and the City Administrator was appointed to review and analyze all the responses. The
team reviewed each proposal based on previous experience of the firm, qualifications of the firm’s
staff, the proposed services meeting the needs of the City, the proposed time schedule and proposal
cost. Following the review and analysis of the proposals, the team recommends acceptance of the
proposal and award of the professional services agreement to Fitch and Associates in the amount
of $34,995 as the most responsible proposal for the provision of Fire Department Staffing Analysis
consulting services that best meets the needs of the City.
Staff recommends that the City Council approve the attached Resolution titled “Approving
Proposal and Awarding Professional Services Contract to Fitch & Associates Stillwater Fire
Department Staffing Analysis Consulting Services”.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-XXX
RESOLUTION ACCEPTING PROPOSAL AND AWARDING PROFESSIONAL
SERVICES AGREEMENT TO FITCH & ASSOCIATES FOR STILLWATER FIRE
DEPARTMENT STAFFING ANALYSIS CONSULTING SERVICES
WHEREAS, the City of Stillwater distributed a Request for Proposals (RFP) for Fire
Department Staffing Analysis on December 8, 2021 to provide a comprehensive analysis of service
and staffing options for the Stillwater Fire Department; and
WHEREAS, the City received seven (7) vendor proposals within the specified timeline in
response to the RFP; and
WHEREAS, an evaluation team comprised of the Fire Chief, the Deputy Fire Chief, the
Assistant Finance Director and the City Administrator, reviewed and analyzed the responses based
on previous experience of the firm, qualifications of the firm’s staff, the proposed services meeting
the needs of the City, the proposed time schedule and proposal cost, and the team recommends
acceptance of the proposal and award of the professional services agreement to Fitch and
Associates as the most responsible proposal for the provision of Fire Department Staffing Analysis
consulting services that best meets the needs of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, as
follows:
1. The Fire Department Staffing Analysis consulting services proposal from Fitch &
Associates, is hereby accepted;
2. The professional services agreement best meeting the needs of the City is awarded to
Fitch & Associates for provision of Fire Department Staffing Analysis consulting
services for the City of Stillwater in the amount of $34,995.
3. Approves and directs the Fire Chief, City Administrator and City Attorney to prepare
and finalize a professional services agreement between the City of Stillwater and
Fitch & Associates, for provision of Fire Department Staffing Analysis consulting
services for the City of Stillwater and authorizes the Mayor and City Clerk to execute
said professional services agreement.
Adopted by the City Council this 18th day of January, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST
Beth Wolf, City Clerk
BOARD AGENDA
Board of Commissioners
Fran Miron, District 1
Stan Karwoski, District 2
Gary Kriesel, District 3
Wayne A. Johnson, Chair, District 4
Lisa Weik, District 5
January 18, 2022 - 9:00 AM
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
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.
3.9:10 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 January 4, 2022, County Board meeting minutes.
B. Approve Amendment No. 1 to Contract No. 14043 Madden Galanter Hansen LLC for labor
relations consulting.
C. Approval to appoint Kevin Kelly, Oakdale, to the Board of Adjustment & Appeals and the
Planning Advisory Commission as the District 2 Representative to a partial term expiring
December 31, 2023.
D. Approval to write-off the existing processing fees on all library patron accounts.
E. Approval of a contract with Vanguard Appraisals Inc. in the total amount of $262,288, through
December 31, 2026.
4.9:10 Public Works - Andrew Giesen, Engineer II (item A)
Kevin Peterson, Engineer III (item B)
A. Approval of Metropolitan Council Grant Agreement No. SG-22P4-10-01 in the amount of
$1,032,892 for Lake Elmo Park Reserve Swim Pond Filtration Improvements.
B. Approve Contract Amendment No. 5 to Contract No. 12418 with Kimley-Horn and Associates,
Inc. in the amount of $286,675 for the County Road 19A/100th Street Realignment (RB-2685).
5.9:40 General Administration - Kevin Corbid, County Administrator
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
7. 10:05 Board Correspondence
8. 10:05 Executive (Closed) Session - Public Works
A. Executive (closed) session pursuant to Minn. Stat. § 13D.05 subd. 3(c) to review the appraisal
for the property located at PID 31.027.21.41.0001 in regards to the potential purchase for
inclusion into Grey Cloud Island Regional Park.
9. 10:35
10. 10:40 Board Workshop with Public Works - Erik Jalowitz, Building Services Capital Projects Manager
A. Discuss West Central Service Center potential site and scope of work.
11. 11:15 Board Workshop with Administration - Tina Elam, Communication & Planning Manager
A. Discuss the Washington County external website.
12. 12:00 Finance Committee
6.9:50 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.
Adjourn