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Home My WebLink About2022-09-20 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING September 20, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Certificate of Appreciation for Pollinator Friendly Alliance 2. Proclamation – Suicide Prevention 3. Proclamation – United Way V. OPEN FORUM – open forum allows the public to address council on subjects which are not 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 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 12. September 6, 2022 regular and recessed meeting minutes 13. Payment of Bills 14. Allowable Uses in Non-residential Districts to specifically allow medical offices in this district – Ordinance 2nd Reading 15. City of Stillwater Banking Services Selection 16. Downtown Manhole Rehabilitation Project Rejection of Bid – Resolution 17. Gambling Premise Permit at Devil’s Advocate Restaurant – Resolution 18. Historic Bridge Lighting MnDOT Limited Use Agreement Amendment #2 19. OSHA and Safety Training Agreement with SafeAssure – Resolution 20. Parking License Plate Reader Lease Agreement with Vantage Financial 21. Site Improvement Agreement for 2001 Washington Avenue 22. Valley Chamber Chorale Temporary Liquor License 23. Zoning Map Amendment to rezone certain properties to Neighborhood Commercial – Ordinance 2nd Reading 24. Assessment Waiver Agreement for 717 Myrtle St W Sidewalk Project 25. United Way Employee Giving Campaign – Resolution Page 2 of 2 City Council Meeting Agenda September 20, 2022 VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS X. NEW BUSINESS 26. CSAH 5 Phase 2 Improvement Project Approve Feasibility Report and Call for Hearing – Resolution 27. 2023 Preliminary Budget Review a. Adopting the proposed tax levy for the payable year 2023 – Resolution b. Adopting the proposed budget for the year 2023 – Resolution c. Setting the Truth in Taxation meeting date – Resolution XI. COUNCIL REQUEST ITEMS 28. LMC Article on Incident Response Plan for Cybersecurity Threats XII. CLOSED SESSION 29. Pursuant to Minn. Stat. 13D.05 subd. 3(b) for attorney client privileged communication related to Long Lake Villas XIII. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 321.90 A&K Construction Replace pavers with sidewalks 5,940.00 Abbott Paint Paint supplies 44.10 Ace Hardware Supplies 537.38 Action Rental Inc. Concrete grinder rental 307.50 Advance Auto Parts Supplies 630.29 Amdahl Locksmith Inc Chris Timer locks 2,786.30 Arcola Construction Boardwalk railing 45,437.00 AT&T Mobility 8509 Cell phone 77.45 Bennett Material Handling Equipment repair supplies 175.71 Body Knowledge Body Knowledge 525.00 Bolton & Menk Inc. Professional services 4,136.00 Boyer Trucks - Minneapolis Equipment repair supplies 1,163.57 Buberl Black Dirt Inc. Black dirt picked up 64.00 Canteen Refreshment Services Concession supplies 518.76 CDW Government Inc. Supplies 12.70 Century Fence Company Install fence at Millbrook west park 2,525.00 Century Power Equipment Equipment repair supplies 126.96 Cintas Corporation Towels & uniforms 358.24 Crosbie Brandon Reimburse for ear piece 161.99 Dog Waste Depot Easy tie hanging bags 259.98 ECM Publishers Public Hearing Publications 549.35 Enterprise FM Trust Lease vehicles 7,470.15 Environmental Equipment & Services Equipment repair supplies 58.90 Ferguson Waterworks #2518 Battery 79.20 Foremost Promotions Fire education materials 2,144.03 Gertens Wholesale Supplies 97.45 Goodyear Commercial Tire Tires 625.68 Gopher State One Call Inc. Locates 529.20 Grainger Repair supplies 130.13 Granicus Inc Boards & Commissions web 10,231.36 Guardian Supply Supplies 811.88 Hach Company Supplies 27.01 Hawkins Inc Chemicals 110.00 Heritage Printing Inc. Business cards 101.80 HLS Outdoor Parts for irrigation at Bergmann Park 3,352.79 Homefront Protective Group Training - Vetsch 95.00 Huebsch Service Mat cleaning service 708.81 Jaytech Inc Water treatment 927.60 Junker Brad Reimburse for Interview panel food 107.77 Kelly & Lemmons PA Prosecution 8,416.67 Kermits Disposal of Forest Lake Disposal 1,209.00 Kirvida Fire Inc. Vehicle repair charges 938.55 Kodiak Power Systems Generator inspections 5,365.00 KOMA Professional services 3,271.37 Kraft Mechanical Install transfers 2,465.00 Kwik Trip Inc Fuel 19.13 Lakeview Hospital Legal blood draws 50.00 Page 2 League of MN Cities Training - Young 50.00 League of MN Cities Ins Tr Insurance 173,941.00 LegalShield Data Breach Recovery 77.70 Loffler Companies Cyber security consulting 2,257.50 MacQueen Equipment Inc. Vehicle repair 1,058.62 Madden Galanter Hansen LLP Labor Relations Services 190.00 Mansfield Oil Company Fuel 6,252.75 Menards Supplies 1,461.42 Metropolitan Council Monthly SAC 120,547.35 Metropolitan Council Environmental Wastewater Charge 171,634.30 Miller Excavating Misc projects 19,839.34 Miller Justin Training - Olson 300.00 Minnesota Occupational Health Drug screening 516.37 Minnesota Sheriffs Association Permits to acquire 120.00 MN Dept of Labor and Industry License renewal 50.00 MN Dept of Transportation Concrete plant inspections 164.97 MN Fall Expo Fall Maint Expo 180.00 MP Nexlevel LLC Locating 2,867.60 Municipal Emergency Services G2M Gloves 1,652.97 NAPA Auto Parts Floor jack 279.00 National Fire Protection Association Fire prevention week 326.75 Norcutt Homes Inc Grading escrow refund 4,500.00 Office Depot Office supplies 125.16 O'Neill Electric Parking lot lights 556.00 Parts Alliance North Equipment repair supplies 37.72 Per Mar Security Services Quarterly Monitoring Service 88.20 Pioneer Press St. Paul Publication 99.17 Pro-Tec Design Systems service specialist 1,120.72 Quill Corporation Office supplies 403.54 Ries Farms LLC Dirt disposal 214.08 Safe Assure Consultants Safety training 6,137.93 Safe Fast Inc Gloves 717.00 Safe Kids Worldwide Recertification application 55.00 Schwaab Inc. Notary stamp 37.75 Springbrook Software Monthly UB web payments 546.00 St. Croix Boat and Packet Co. Dock space lease & ramp cleaning 5,096.67 Stillwater Collision and Mechanical Vehicle repair 10,047.61 Stillwater Gazette Subscription - Fire Dept 60.95 Stillwater Motor Company Vehicle repairs 466.83 Stillwater Towing Towing service 450.00 Symbol Arts 150 Year pins 764.75 T.A. Schifsky and Sons Aggregate 13,920.50 Tessman Seed Co. St. Paul Fertilizer 87.00 The Firefighters Daughter Fire education materials 2,653.26 Thomson Reuters Information Charges 162.86 TKDA Chestnut St Civic Plaza 14,303.39 Toll Gas and Welding Supply Cylinders 48.11 Total Parking Solutions Inc. Receipt paper 170.00 Uline Inc Janitorial supplies 3,096.17 US Bank Administration fees 2,200.00 Page 3 Verizon Wireless Wireless Service 3,145.65 Voyant Communications Phone 553.08 Washington County Public Works Latex striping 2022 7,828.82 Water Conservation Services Inc Water Leak Detection 322.50 Water Works Plumbing & Heating LLC Test backflow devices 3,756.00 WSB & Associates Inc. Strategic planning services 7,125.00 LIBRARY Ace Hardware Janitorial Supplies 37.97 Amazon Business Supplies 711.56 Artistry Programs 440.00 Chan Karen Programs 350.00 Comcast Internet 188.10 Huebsch Service Towels & Rugs 223.17 Library Ideas LLC Materials 97.90 Menards Janitorial Supplies 3.22 MN Dept of Labor and Industry Annual Boiler Fee 10.00 Music Together in the Valley Programs 300.00 Regents of University of MN Materials 1,207.00 Star Tribune Materials 633.78 ADDENDUM Able Hose Equipment repair 460.57 Allstate Peterbuilt Equipment 245,112.56 BlueCross BlueShield Group Medicare Retiree Insurance 13,322.00 BlueCross BlueShield of MN Retiree Insurance 17,638.85 Comcast TV Internet & Voice 1,381.39 Custom Truck One Source Equipment repair 3,500.00 FinePoint Tech Professional Services 296.25 Gonyea Companies Grading escrow refund 4,500.00 Group MedicareBlue Rx Retiree Insurance 9,460.50 Lincoln National Life insurance 10.80 Mazzocco Laura Park Fee Refund 135.00 Menards Supplies 3,818.63 State Historic Preservation Office Preservation Conference 200.00 Washington Cty Dept of Public Health Hazardous waste 57.50 Xcel Energy Energy 24,060.17 JULY CREDIT CARDS 4 All Promos Give away items for community outreach 762.36 Amazon.com Supplies 1,134.85 AMEM AMEM Annual Conference 225.00 AnyPromo.com PD hand outs for community events 419.58 APWA Training 3,727.80 Breezy Point Resort Lodging for AMEM conference 615.00 Cub Foods Grocery 400.41 Dream Host Website Hosting 37.44 Page 4 Eventbrite St. Croix River Workshop 130.16 Facebook.com SPD Social media fees 4.08 Government Finance Off Assoc. Renewal fees 190.00 Greater Stillwater Chamber of Commerce Leadership in the Valley 50.00 Henning Group Magazine grip extensions 270.20 JotForm Jotform for Website 348.00 Kwik Trip Ice for PD coolers - July 4th 22.32 MN Secretary of State - Notary Notary renewal - England 120.00 Tennis Roll Off LLC Roll off dumpster 861.85 TruckID.com Lock out tools 542.23 University of MN CCE Registration MS4 Course Registration 40.00 Walmart Table for PD booth 143.42 Wells Fargo Bank MN NA Over limit fee 39.00 West Marine Products Fuel separator for boat 14.99 Wolf Marine Inc. Fuel 205.00 JULY MANUALS BHE Community Solar Solar Energy 7,211.18 Century Link Telephone 486.24 Comcast TV Internet & Voice 1,381.37 First State Bank & Trust Energy Efficiency Project Loan 4,351.57 Golden Expert Services Janitor Service 4,000.00 Group Medicareblue RX Retiree Prescriptions Ins 9,831.50 Holiday Companies Vehicle washes 835.00 Postmaster Newsletter Postage 1,882.40 Verizon Wireless Wireless Service 3,100.26 Veterans Memorial Super Valu Parking 4,347.00 Xcel Energy Energy 92,860.47 TOTAL 1,179,415.32 Adopted by the Stillwater City Council this 20th day of September, 2022 Mayor Ted Kozlowski DATE: September 20, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Site Improvement Agreement for 2001 Washington Ave (Caribou Coffee Drive Through) BACKGROUND On July 26, 2022, the City Council approved a Preliminary Plat to facilitate an infill development parcel for a Caribou Coffee Drive Through Building. The final step in the process is to approve a Final Plat that formally subdivides the lot. Said Final Plat needs to be reviewed by the Planning Commission prior to final approval by the City Council, per Stillwater City Code. The project has several weeks/a couple of months of site work to complete before winter conditions occur. The project is concerned about the available timing to pave the parking lot before asphalt plants close in November. In an effort to assist the project stay on track and not be delayed until next Spring, Staff has proposed a Site Improvement Agreement that allows the site work (minus the building) to commence prior to Final Plat Approval. All Final Plat requirements must be completed before a Building Permit for the building itself is issued. This is a common practice in many communities, especially in cold weather climates. ACTION REQUESTED Motion to approve the Site Improvement Agreement for 2001 Washington Ave subject to minor modifications by the City Attorney. REVISED MEMO DATE : September 19, 2022 TO : Honorable Mayor and City Council FROM : Shawn Sanders, Director of Public Works SUBJECT: Accepting Assessment Waiver Agreement 717 Myrtle Street West BACKGROUND The property owner at 717 Myrtle Street West was having difficulty obtaining a contractor to repair the sidewalk repaired in the front of their property. The property owner asked the City for assistance and the work could be included as part of 2021 Sidewalk Improvement Project, and that they would be responsible for 100% of the cost of the repair and that an assessment waiver agreement be signed. The City attorney prepared the document and the property owner signed and returned the document. RECOMMENDATION Staff recommends that Council accept the Assessment Waiver Agreement for 717 Myrtle Street West. ACTION REQUESTED If council agrees with the recommendation, they should pass a motion accepting the Assessment Waiver Agreement for 717 Myrtle Street West. ASSESSMENT WAIVER AGREEMENT FOR 717 MYRTLE STREET WEST, STILLWATER THIS AGREEMENT FOR AN ASSESSMENT WAIVER ("Agreement") is entered into and effective as of the __ day of , 2022 ("Agreement Date"), by and between the City of Stillwater, a Minnesota municipal corporation ("City"), and Katharine M. Alvino ("Owner"), a single person. RECITALS A. Owner is the fee owner of certain real property located at 717 Myrtle Street West in the City of Stillwater, Washington County, Minnesota, legally described as: See "Exhibit A" attached hereto . PID: 28-030-20-31-0108 (the "Property"); and B. The City has found that certain improvements to the Property are required; and C. The Owner will allow the City to cause the following improvements on the Property: remove and replace concrete sidewalk (the "Improvements"); and D . The Owner has requested that the City construct and assess the construction costs of the Improvements to serve the Property; and E. As consideration for the benefit to the Owner, the City will agree to the assessing the costs for the Improvements; and F. The Owner acknowledges that the Improvements will benefit the Property. 1 NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the Owner and the City with regard to the Property and the Improvements including the Owner's Assessment Amount which constitutes an estimated benefit of the Improvements pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. Section 1.02 Te!J!!:. The term of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term or repayment of the Assessment Amount. Section 1.03 Survival. Notwithstanding the termination of this Agreement pursuant to Section 1.02, the Owner's Covenants and Agreements contained in Section 3.01 and the City's Covenants and Agreements contained in Section 3.02 shall survive the termination of this Agreement. ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: (a) Agreement: This Agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Property, Assessment Amount and the Improvements including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) Agreement Date: The date written in the first paragraph of the Agreement. (c) Assessment Amount: The Assessment Amount shall be Seven Hundred Thirty-four and 38/100 Dollars ($734.38). The Assessment Amount is commensurate with the estimated special benefit of the Improvements to the Property. (d) Assessment Interest Rate: The Assessment Amount shall accrue interest at a rate of five percent (5%) per year for the Assessment Term beginning from the date of this Agreement. (e) Assessment Term: The term of the special assessment shall be five (5) years after the Assessment Amount is levied against the Property. 2 (f) City: The City of Stillwater, a Minnesota municipal corporation. (g) Owner: Katharine M. Alvino, a single person. ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreements of the Owner. The Owner covenants and agrees with the City that: (a) Assessment Appeal Waiver: Owner hereby authorizes the City to levy the special assessment against the Property up to the Assessment Amount for the Improvements. The Owner hereby waives all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Property up to the Assessment Amount. The Owner hereby waives any and all procedural and substantive objections to the assessment up to the Assessment Amount against the Property, including, but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Amount against the Property exceeds the benefit to the Property for the Improvements. The Owner acknowledges and agrees that the benefit of the Improvements to the Property does in fact equal or exceed the Assessment Amount. The City and the Owner acknowledge and agree that the Owner's waiver of assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Amount by operation of Minn. Stat. § 462.3531. The City and the Owner acknowledge and agree that the Owner may appeal any special assessment above the Assessment Amount. (b) Owner s Covenant Not to Sue the City: Owner hereby covenants with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the assessment, or for other relief from the payment of the City's assessment up to the Assessment Amount against the Property for the Improvements. (c) Owners Covenant that Owner is the Property Fee Owner: Owner hereby covenants and warrants with the City that Owner is seized in fee of the Property and has good right to enter into this Agreement with the City. ( d) Owner s Agreement to Assessment Amount: Owner understands and agrees that the value of the Improvements will increase the market value of the Property in an amount that equals or exceeds the Assessment Amount. (e) Right ofEntry: Owner allows the City, its employees, contractors and assigns to enter onto the Property for purposes of constructing the Improvements. 3 Section 3.02 Covenants an:d Agreements of the City. The City covenants and agrees with the Owner that: (a) Assessment Amount: The City agrees that it will certify/levy the Assessment Amount against the Property only up to the Assessment Amount for the Improvements pursuant to this Agreement. (b) City Recording of this Agreement: The City will record this Agreement against the Property. ( c) Prepayment of Assessment: The City agrees the Owner may prepay some or all of the City's Assessment Amount against the Property for the Improvements with no penalty pursuant to Minn. Stat. § 429.061. (d) City to Construct Improvements: The City agrees to enter the Property for the purpose of constructing the Improvements on the Property. The rights of the City include the right of City, its contractors, agents and servants: 1. To enter upon the Property for the purposes of construction, inspection, grading, sloping, and restoration relating to the purposes of the Improvements; and 2. To remove from the Property during the term of its existence the existing retaining wall, trees, brush, herbage, aggregate, undergrowth, curb, concrete, asphalt, and other obstructions interfering with the location, and construction of a new permanent retaining wall on the Property; and 3. To remove or otherwise dispose of all earth or other material excavated from the Property during the term of its existence as the City may deem appropriate; and 4. To enter onto the Property as needed in order to construct and maintain the Improvements. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or her successors or assigns shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on 4 which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party(s) may pursue all remedies and sanctions available at law and in equity, including specific performance. Section 4.02 Attorneys' Fees, Costs and Expenses. The Owner agrees that after execution of this Agreement, if it challenges the validity of the Assessment up to the Assessment Amount in any way, then Owner shall pay the City the amount of the City's assessment up to the Assessment Amount with accrued interest beginning as stated in Section 2.0l(c), together with the City's attorneys' fees, costs and expenses to defend the assessment by the City up to the Assessment Amount pursuant to this Agreement. The Owner acknowledges and agrees that the Owner would be unjustly enriched if the City's assessment up to the Assessment Amount pursuant to this Agreement was set aside, reduced, repealed or invalidated by a court with jurisdiction over the Property. The Owner agrees that the court with jurisdiction over the Property shall award the City the assessment up to the Assessment Amount with accrued interest together with the City's attorneys' fees, costs and expenses for breach of the Owner's covenant not to appeal or sue the City pursuant to Article III, Section 3.0l(b). ARTICLE V GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City: If to the Owner: City of Stillwater Attention: City Administrator 216 North 4th Street Stillwater, MN 55075 Katharine M. Alvino 717 Myrtle Street West Stillwater, MN 55082 Section 5.02 Non-Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. 5 Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 5.08 Notice To Buyers. The Owner agrees to notify and provide any buyer of the Property with an executed copy of this Agreement if the Owner sells any interest in the Property following the execution of this Agreement by both the Owner and the City, but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles. ARTICLE VI MAINTENANCE AGREEMENT Section 6.01 Owner for himself, his heirs, successors, and assigns, agrees and understands that except that performed by the City arising during the 12 month warranty period herein, all ongoing maintenance of the new retaining wall on the Property shall be the sole and absolute obligation and expense of Owner and that other than the 12 month construction warranty, the City shall have no further obligations with respect to the retaining wall and driveway. Section 6.02 This Maintenance Agreement shall run with the Property and shall be binding upon the Owner's heirs, successors and assigns. This Maintenance Agreement shall survive the termination of the Assessment Waiver Agreement. IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by their duly authorized representatives. [ remainder of page intentionally blank] 6 CITY OF STILL WATER By: -------------- Ted Kozlowski Mayor By:------------ Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHING TON ) On this __ day of 2022, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 7 OWNER: STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. The foregoing instrument was acknowledged before me on ~ay of ~2 022 by Katharine M. Alvino, a single person. N otary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Drive Suite 300 Eagan, MN 55121 (651) 451-1831 8 EXHIBIT A LEGAL DESCRIPTION That part of Lots 2, 4 and 6, Block 12 of Thompson Parker and Mowers Second Addition to Stillwater, described as follows: Commencing at a point in the North line of said Lot 2, 43 feet East of the Northwest comer thereof; thence running Southerly, parallel to the West line of said Lots 2 and 4 and 6, 126 feet; thence Easterly parallel to the North line of said Lot 2, 50 feet; thence Northerly parallel to the West line of said Lots 2, 4 and 6, 126 feet to the North line of said Lot 2 and thence Westerly along the North line of said Lot 2, 50 feet to the place of beginning, Washington County, Minnesota. Abstract Property PID: 28-030-20-31-0108 A-1 TO: Mayor and City Council Members FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager DATE: September 20, 2022 SUBJECT: Employee Giving Campaign - United Way Washington County East BACKGROUND The City of Stillwater operates an employee wellness program with wellness pillars in Career, Financial, Physical, Social and Community programming. In August 2021, the City’s Wellness Program Committee chose to move forward with a United Way Washington County East (United Way) employee giving campaign in support of the community wellness pillar. In the past year, the City hosted an educational lunch and learn. Staff learned about its local United Way and the myriad of community needs and programs it supports, and earned wellness program credit for attending the event. Employees also raised donations by hosting an ice cream social, a chili cookoff, and a coin challenge. For 2023 and beyond, we request Council support to award 8 hours of paid time off to one employee who enroll ed in a payroll- deducted donation of at least $5 per pay period. The winning individual would also receive credit toward one wellness event in 2023. Starting in October, the Stillwater community will participate in a local United Way campaign . The City will launch its employee financial giving campaign during benefits open enrollment starting in October and in alignment with the Stillwater community. The choice to participate is, of course, a personal one. In addition to other events throughout the year, employees who pledge a gift via enrollment in a 2023 payroll-deducted donation of at least $5 per pay period will be entered in to a drawing and one person will win 8 hours of paid time off and receive credit toward one wellness event in 2023. By collaborating with the United Way Washington County East, the City of Stillwater employees will support community wellness and help build a stronger community. RECOMMENDATION Staff recommend approval of the resolution entitled, “Approving United Way Washington County East City of Stillwater Employee Giving Campaign.” City of Stillwater Washington County, Minnesota RESOLUTION 2022- APPROVING UNITED WAY WASHINGTON COUNTY EAST CITY OF STILLWATER EMPLOYEE GIVING CAMPAIGN WHEREAS, the City of Stillwater supports an employee wellness program that includes a Community wellness pillar as a core value of the program; and WHEREAS, United Way Washington County East (UWWCE) funds local community basic, education, financial stability and health program needs, aligning with the City’s community wellness program pillar; and WHEREAS, Stillwater’s local community giving campaign begins in October; and WHEREAS, the City of Stillwater staff support an employee giving campaign in an effort to build a stronger community via their donations to the United Way Washington County East; and WHEREAS, the Stillwater City Council is pleased to award 8 hours of paid time off to one employee who enrolled in a payroll-deducted donation of at least $5 per pay period and the winning individual would also receive credit toward one wellness event. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves employee participation in a giving campaign in support of the United Way Washington County East. Adopted by the Stillwater City Council this 20th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 2023 Proposed BudgetCity of Stillwater – September 20, 2022 City of Stillwater2023 Budget Pressures•Local Government Aid (LGA)•Health Insurance Premiums (9.5% increase)•Staff Wage Adjustments•Small Equipment into operating •Fuel / Energy Costs•Opportunities to Diversify Revenues •$120,300 Increase/Decrease in Operating Expenditures•1% of Levy•1% Increase/Decrease in Health Insurance Premium•$4,795•Retiree Health Insurance•5.1% of the Levy (reduced from 6%)•Library Operating Levy•11% of the levy City of StillwaterStrategic Budget Elements - 2023•Reduce reliance on state Local Government Aids (LGA) for operations support – over time move LGA to support capital expenditures •Move annual software support costs & annual small equipment costs from capital to operations (levy) over time•Consider staffing adjustment requests where possible to match service demand for increased city resources •Consider strategic use of certain fund balances to reduce potential levy costs •Recommend comprehensive review of City license, permit and fee rates to enhance City revenue stream•Use of American Rescue Act Program (ARPA)funding in 2023 and future; Positive General Fund Balance City of StillwaterProperty Tax LevyProposed 2023 vs Adopted 20222022 Adopted CITY‐WIDE LEVY2023 Requested2023 Proposed $ Increase % Increase$12,032,975General Operating Tax Levy$13,836,018 $13,265,987 $1,233,012 10.247%$3,890,822Debt Service Tax Levy$4,521,142 $4,221,060 $330,238 8.488%$15,923,797Totals$18,357,160 $17,487,047 $1,563,250 9.817%2022 Adopted PARCEL‐SPECIFIC LEVY2023 Requested2023 Proposed $ Decrease % Decrease$44,000 WMO Tax Levy$44,400 $40,700 ‐$3,300 ‐7.500% City of StillwaterProperty Tax RateProposed 2023Notes:Property Tax Levy amount includes Water Management Organization (WMO)*2023 Taxable Tax Capacity numbers and fiscal disparity numbers are estimates from Washington County.Formula: Total City Property Tax Levy City’s Taxable Tax Capacity = City Tax Rate ItemActual Pay 2022Proposed Pay 2023% ChangeProperty Tax Levy$15,967,797 $17,527,747 9.769%Fiscal Disparity Portion of Levy ‐$1,579,914 $1,426,036* ‐9.740%City’s Portion of Levy =$14,387,883 $16,101,711 11.912%City’s Taxable Tax Capacity÷$27,709,752 $32,834,909* 18.496%City Tax Rate =51.924% 49.038% ‐5.558% City of StillwaterTax Impact-Residential2023 Updated ProposedActual Payable 2022Proposed Payable 2023From 2022 to 2023Taxable Market ValueTax CapacityCity Tax RateCity Property TaxTaxable Market ValueTax CapacityProposed City Tax RateCity Property TaxAnnual IncreaseMonthly Increase % Change$323,700 3,156 51.924%$1,638.71 $380,400 3,77449.038%$1,850.71 $212.00 $17.67 12.9%$212,800 1,947 51.924%$1,010.95 $250,000 2,35349.038%$1,153.87 $142.92 $11.91 14.1%$255,300 2,410 51.924%$1,251.36 $300,000 2,89849.038%$1,421.13 $169.78 $14.15 13.6%$297,900 2,875 51.924%$1,492.80 $350,000 3,44349.038%$1,688.39 $195.59 $16.30 13.1%$340,400 3,338 51.924%$1,733.21 $400,000 3,98849.038%$1,955.65 $222.44 $18.54 12.8%Assumptions:17.5% increase in Market Value from 2022 to 2023 (Estimate from County)Information is based on Residential Homestead PropertiesMarket Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature City of StillwaterWhere Does Your Property Tax Dollar Go?How the City spends each dollar it receives from the tax levyPublic Safety:Police, FireBuilding InspectionsEmergency ManagementGeneral Government:Mayor & City CouncilElections, MISFinanceAdministration, HRCity AttorneyPlant/City HallCommunity DevelopmentUnallocatedParksPublic Works:Engineering, StreetsLibraryPublic Safety34¢Debt Service24¢General Government19¢Parks7¢Public Works7¢Library9¢ City of StillwaterProperty Tax LevyProposed 2023 vs Adopted 2022CITY‐WIDE LEVY2023 Proposed $ Increase% IncreaseBaseline – No new positions or reclass$17,143,498 $1,219,701 7.660%Enforcement Specialist, Reclass & no new Police Officers$17,239,523 $1,315,726 8.263%Enforcement Specialist, Reclass & one Police Officer hired July 1st$17,301,404 $1,377,607 8.651%Enforcement Specialist, Reclass & one Police Officer$17,363,285 $1,439,488 9.040%Two Police Officers – no Enforcement Specialist or Reclass $17,391,022 $1,467,225 9.214%Enforcement Specialist, Reclass & Two Police Officers ‐ As Presented$17,487,047 $1,563,250 9.817%General Operating & Debt Service Levy MEMORANDUM To: Mayor and Council From: Rose Holman, IT Manager Date: 9/19/2022 Subject: Article from the League of MN Cities Attached is an article on developing an Incident Response Plan from the League of MN Cities. Councilmember Odebrecht wanted you to read this article as it clearly states the importance of having a plan to recover from cybersecurity threats. Please take a moment to read through this . We have partnered with Netdiligence to develop a plan for the City of Stillwater. They have a set of tools called Breach Plan Connect that us develop an incident response plan for our city. This is a company that was recommended by the League. I have already begun to develop the plan and gave out a draft at our IT Committee meeting last week. Once we have finalized the plan, I will share the final draft with Council. I am hoping to form a subcommittee of the IT Committee that will test this plan out at some point in the future. If you have any questions, please feel free to give me a call. FEATU Get City Services Back Online With a Solid IT Incidence Response Plan BY DEBORAH LYNN BLUMBERG ocal governments have become a prime target for hackers since cities provide crucial services that resi- dents often can't go without. Security incidents can result in millions of dollars in financial losses, exposure of sensitive resident and employee data, and wide- spread, long-lasting loss of services. "It's more likely you're going to have something happen than not," says Amy Timmons, senior vice president and senior consultant at benefits and human resources consultant Segal, in its Admin- istration and Technology Consulting Practice. "Phishing attempts are getting more and more creative and realistic." Finding resources Cities, however, can protect them- selves with a sound IT incident response plan or document that specifies how to respond to a cyber incident. It's a tool all cities today must have, says Rohit Tan- don, chief information security officer for the state of Minnesota. "Cities are providing services to residents, and most of those services are critical in nature," he says. "You have an incident response plan because, as a city, you really want to make sure in the event that services are interrupted, you have the ability to respond and quickly restore them. It's about business continuity." The League of Minnesota Cities Insurance Trust (LMCIT) provides cyber coverage and offers cybersecurity training for free or reduced cost to LMCIT members. Learn more at lmc.org/resources/cyber-security/, or contact Melissa Reeder, LMC CIO, at mreeder@lmc.org . 12 I SEP/OCT 2022 I MINNESOTA CITIES Rising threats In its The State ofRansomware 2022 report, Sophos found in a smvey of global IT pro- fessionals that 66% of organizations were hit by ransomware in 2021, up from 37% in 2020. Ransom payments rose, too, with 11 % paying ransoms of over $1 million, versus 4% the prior year. Cyberattacks have taken down school systems and law enforcement depart- ments, and with the war in Russia, concerns are growing that Russian cyber- hackers could shut off electricity or other utilities to residents. From 2017 to 2020, municipalities paid an average of $125,697 per ransom event, according to integrated security aware- ness training and simulated phishing platform KnowBe4. Money spent might include ransom payments and fees to vendors to restore services. The average downtime for municipalities after an attack is nearly 10 days. "Our interconnected world has seen an increase in threat actors," says Tandon, "and the sooner you're able to identify the attack, the more things you can do about it." The most common types of cyber- attacks for cities, according to League of Minnesota Cities Chief Information Officer Melissa Reeder, are wire fraud and ransomware attacks, or installing malware onto city computers that locks users out of their devices or blocks access to data until a ransom is paid. Hackers gain access through phishing attempts, or by tricking employees into revealing confidential information online. For example, a hacker might hear at a city public meeting the names of contractors working on a large municipal project. Then, they'll impersonate some- one from the company through email, asking a city employee to wire money or click on a link. A well-thought-out plan One of the best ways to prepare for what could be an inevitable cyberattack is to have a well-thought-out IT incident response plan. It doesn't have to be a long document, says Reeder. A plan that's just a few pages will suffice, she says, as long as it's thor- ough, taking into account all city services and systems. Adds Timmons, "It can be something relatively short and sweet, but more than just a few bullet points. The plan should detail people, property, and processes." Tandon says a response plan has multi - ple components. It's not just detecting and being aware that it's happening. "There needs to be preparation," he says, "to train your team and get them geared up on the tools and procedures they need." To develop a plan, consult the follow- ing tips: Form an IT inciden response team. Clearly define the city leaders you want to have on your IT incident response team and make sure everyone is on board. These leaders might include the mayor and city administrator, IT leaders, legal counsel, the communica- tions team, and human resources . As you develop your plan, assign each team membe r specific roles and responsibili - ties and schedule regular meetings. "You don't want to be unsure in the middle of the crisis," says Tandon. Take inventory of your technol- ogy. Often, cities have been hit with a cyberattack or cyberbreach scramble because they don't have a full accounting a o 1 J!'r· z..,r1tt·o/1l'('f)'l/ln·i O(· ,·1.1-0/! '(J/J(Q.1'/('l/f iz· (''i S· s··eo111 tll,. ~ r i t: .. r: ....... r ~ . _ .. ~. ·~· ,., r.-t:fi,. 1, ~ r /11/t... /!. A.,~ -~ cc.., r i a ·n· '1';/'i('',i/'e("''f('I) z'1f'I f fli'l/'()l'i"I.-c,:!'•f ·Q ... '/Y'("" rn;t ,.J ·t-fv,o· v ,-• f,. r.' f,. .., [ ~ 4cJ· (.,.. (If.. lr t1 f..., h' "-'"'~A :,_.; ./t,,C, f,/ (·J ) {./A_, f D (A,, f...-~· " (J 0,,,1/r o ,1·1/" y··1 . ().,, 1 )' 'f/'e· 0 til P hJ:, ·:/c· J (nit· 1--ifJ, f-tl. c> ,1 t l, t'-Ul-t ·~ t.A, LJ I, t ., t,, 1~ // .. t;:. !' I, le-f ,., t. k . h .-, ' .., r , -'-.!-. , ·-· p " , . . V' ·. -r, v· 'I , , .,· , . . rv; r .. Qlu,ac 7 t ,t mo 1 e tflu ng s ._you can (Je.0 ob~ 'O·-1r1"· 1'·'-)!J t./& ,. · ~It , i, .. [.q: -ROHIT TANDON, CHIEF INFORMA TION SECURITY OFFICER. STATE OF MINNESOTA of their technology and equipment. This is a mistake, says Reeder. Instead, make a thorough list of all the city's technology and how it links up. "Do we have Dells or Macs; how is everything connected?" she says. Have the correct phone number for your internet provider readily accessible and put it in your IT incident plan . Shore up your systems. "You want your systems to be as simple as possi- ble with the smallest footprint," says Reeder. If your IT team is swamped, consider bringing in an expert to identify system vulnerabilities and analyze risk before you finalize your plan. You may find you need to invest in new technology or tools, including a better back-up system. Monitor network traffic, consider implementing multi-factor authentication to increase security, conduct vulnerability scans, and install anti-malware software. Prioritize city system and ser- vices. Identify your most critical systems -those that must be restored immediately -ones that can wait a few days, and those that can wait even longer. "Prioritize functions so you have a plan of attack," says Timmons. Adds Tandon: "If you can prioritize those ( continued on page 14) wsb Wor k ing with co rnmu1 1iti es to build wh at's ne x t in infrastructure th e plc1 ce s . spa ces, a n d sy st e m s t hat support our live s. wsl1e11g.ta orn MINNESOTA CITIES I SEP/OCT 2022 I 13 elements that are more critical and life dependent, you can order your recovery and give clarity on what's coming up when." Line up your experts and vendors. Get recommendations now for t he vendors you may need to get your systems restored in the case of a cyberat- tack. Have vendors approved and onboarded so they're ready to go. "You need to have some relationship now," Timmons says. "If you try to find someone after something happens, it will take you twice as long to find them and cost you twice as much. You'll have a hard time finding someone to come to your rescue." Also, know exactly where you'll buy new equipment following a ransomware attack if needed. .0. Know the exact steps you'll take. D Make a detailed list of the immediate steps you'll take once you learn the city has been hacked. Who's your first call; what's their direct phone number? Who is responsible for making that phone call, and then who do they call next? Run a tabletop exercise to test your plan. Some cities do a mock, tabletop exercise to test their IT incident plan, while others work with vendors to make the drill more life-like. Test your plan at least annually, Timmons says. "It's like a fire drill," she says. It's some- thing you need to be able to pull out and execute." Tandon says, "You practice, practice, practice, so on game day you go with your muscie memory." If your test shows you're not achieving the desired results, be ready to adjust your plan. Educate employees with regular trainings. Parallel to your IT incident response plan, you should also conduct frequent cybersecurity awareness training with city employees, including how to identify and avoid phishing attempts. "The most common way hackers get into a system is careless users," Timmons says. "They click on something they're not supposed to." Hold regular online trainings, like the KnowBe4 Security Awareness Training, which includes simulated phishing attacks. 14 J SEP/OCT 2022 J MINNESOTA CITIES Regul arly update and revise your plan. Your IT incident response plan should be a living document. Update it if you add computers or put in new systems. If you had a cyberattack, make changes based on lessons learned. ''Your plan should be tweaked anytime you have major change in function or in your physical environment," Timmons says. Finally, be mindful of where your plan lives. Your plan is no use if it's stored on a computer that's been locked by cyber- attackers. Consider printing copies of the plan or storing it in a way that accessing it isn't dependent only on city systems. In a recent study Segal did for LMCIT, data showed Minnesota cities lag behind in being prepared. ''We learned that so few cities have an incident response plan and it's such an important piece," says Reeder. LMCIT plans to hire a cybersecurity expert to help members with their cyber needs and assist with coaching and train- ing. Tandon says the more education and preparation, the better. "It's really just a part of your opera- tional responsibility," he says. CE Deborah Lynn Blumberg is a freelance writer. REC IVED FYI Washington .-=:=:~county SEP 16 2022 City of Stillwater Admirii1drotion BOARD OF COMMISSIONERS r-,,, September 13, 2022 Chuck P. Le Roux 13140 56 1h StreetN Oak Park Heights, MN 55082 Dear Mr. LeRoux, Gary Kriesel, District 3 It is my pleasure to inform you that at its meeting of September 13, 2022, the Washington County Board of Commissioners reappointed you to the Browns, Creek Watershed District Board of Managers, to a second term expiring October 21, 2025. For additional information, you may wish to contact Karen Kill, Administrator, at karen.kill @mnwcd.org. We appreciate your willingness to serve on this important watershed district position on behalf of Washington County. Sincerely, Gary Kriesel, District 3 Washington County Board of Commissioners Cc: Board of Water and Soil Resources City Clerks within Browns Creek Watershed District Jay Riggs, District Manager, Washington Conservation District Karen Kill, Administrator, Browns Creek Watershed District Tom Dietrich, Planner II, Washington County Public Health & Environment A great place to liv e, work and play ... today and tomorrow Government Center I 14949 62nd St r eet North I P. 0. Box 6 I Stillwat er, MN 55 08 2-0006 P: 651-430-6001 I F: 65 1-430-6017 I TIY: 651-430-6246 www.c o.washington.mn.us Washington Co unty is an equal opportunity organization and employer 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 September 20, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Certificate of Appreciation for Pollinator Friendly Alliance 2. Proclamation – Suicide Prevention 3. Proclamation – United Way V. OPEN FORUM – open forum allows the public to address council on subjects which are not 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 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 12. September 6, 2022 regular and recessed meeting minutes 13. Payment of Bills 14. Allowable Uses in Non-residential Districts to specifically allow medical offices in this district – Ordinance 2nd Reading 15. City of Stillwater Banking Services Selection – Resolution 16. Downtown Manhole Rehabilitation Project Rejection of Bid – Resolution 17. Gambling Premise Permit at Devil’s Advocate Restaurant – Resolution 18. Historic Bridge Lighting MnDOT Limited Use Agreement Amendment #2 19. OSHA and Safety Training Agreement with SafeAssure – Resolution 20. Parking License Plate Reader Lease Agreement with Vantage Financial 21. Site Improvement Agreement for 2001 Washington Avenue – Resolution 22. Valley Chamber Chorale Temporary Liquor License 23. Zoning Map Amendment to rezone certain properties to Neighborhood Commercial – Ordinance 2nd Reading VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS – None Page 2 of 2 City Council Meeting Agenda September 20, 2022 X. NEW BUSINESS 24. CSAH 5 Phase 2 Improvement Project Approve Feasibility Report and Call for Hearing – Resolution 25. 2023 Preliminary Budget Review a. Adopting the proposed tax levy for the payable year 2023 – Resolution b. Adopting the proposed budget for the year 2023 – Resolution c. Setting the Truth in Taxation meeting date – Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Date of Recognition: September 20, 2022 Stillwater Fire Department S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Pollinator Friendly Alliance Who provided plantings & refurbishing of the Northland Park Pollinator Garden in cooperation with Stillwater Park staff and Washington County Sentence to Service Program. Pollinator Friendly Alliance has provided installation & maintenance of plants in three Stillwater Parks. Their mission is to expand habitat and biodiversity; reduce pesticide pollution & educate the community on the importance of pollinators, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL SERVICE AWARD City of Stillwater, Minnesota Mayor Proclamation WHEREAS, September is recognized as World Suicide Prevention Month, which has been recognized internationally and is supported by the World Health Organization. It is a time when millions of people around the world join their voices to raise awareness of suicide prevention, treatment and recovery; and WHEREAS, this is a time that is dedicated to bringing visibility to the role everyone in the community can play in preventing suicide; and WHEREAS, the stigma associated with mental illness and suicidality continues to work against suicide prevention efforts by discouraging Stillwater Residents at risk for suicide from seeking life-saving assistance and further traumatizes survivors of suicide; and WHEREAS, education about the warning signs of suicide, the value of preventative measures and the best methods to support those in need is essential to our community; and WHEREAS, the Stillwater Police and Fire Departments continue to coordinate the collaborative efforts of community partners in development and implementation of suicide prevention, intervention, and postvention strategies. NOW THEREFORE, I, Ted Kozlowski, Mayor of the City of Stillwater, do hereby proclaim September 2022 as ~ Suicide Prevention Awareness Month! ~ in the City of Stillwater and urge all the people of Stillwater to know the signs, find the words, and reach out to someone they are concerned about. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 20th day of September, 2022. City of Stillwater, Minnesota Proclamation WHEREAS, the citizens of Washington County receive great benefits from the many programs provided by its health, youth, basic needs and self‐sufficiency services agencies; and, WHEREAS, United Way of Washington County East brings together businesses, government agencies, community organizations and individuals, in a united effort to fund Washington County health, youth, basic needs and self‐sufficiency agencies; and, WHEREAS, United Way of Washington County, for the past 73 years, has made available this financial support from its annual fall giving campaign; and, WHEREAS, United Way funds raised in Washington County supports local organizations and charities for the benefits of its citizens and the improvement of their quality of life; and WHEREAS, United Way of Washington County East's mission is to unite our community and local resources to give each person the opportunity to build a better life. NOW THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater, do hereby proclaim October 10th ‐14th, 2022 as ~ United Way Week ~ throughout the City, and I encourage all the people of Stillwater to support financially, through United Way, the many local community organizations that provide invaluable services for our seniors, families and youth in Washington County. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 20st day of September, 2022. Mayor 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES September 6, 2022 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna Absent: Councilmember Odebrecht Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle IT Manager Holman Facilities Manager Mick Greiner OTHER BUSINESS 2023 Budget Discussion City Administrator Kohlmann led discussion of adjustments to the proposed 2023 budget. At the Council’s request, $47,000 in consultant fees was moved to ARPA Funding, there was a $6,000 reduction in expenditures from the operating fund, and a projected $20,000 increase in revenues, resulting in a new proposed baseline budget tax increase of 11%. He explained the proposed 2023 property tax levy of $1.65 million with a 10.387% increase, and the proposed 2023 property tax rate of 49.315%. Under the proposed budget, the City portion of property taxes on a median valued home would be about $155 per month. Councilmember Junker asked how downtown-related costs are tracked, and Public Works Director Sanders replied that costs for parks, mowing and cleaning bathrooms is under parks, street sweeping is the stormwater utility fund, and street maintenance is streets. Trash pickup is charged to the department whose employee does it. City Administrator Kohlmann discussed the levy adjustments: library levy increase, downtown bridge lighting and holiday lighting, two police officers, MIS IT Technician/Consultant, Community Development Enforcement/Specialist, and Community Development Reclassification of the Administrative Assistant position. He stated if the City does not hire an MIS Technician, an MIS Consultant could be funded with some of the ARPA funds, which would bring the tax increase under 10%. Councilmember Polehna questioned approving new positions before completing the long range financial management plan and the policing study. He recalled how difficult it was to City Council Meeting September 6, 2022 Page 2 of 10 cut employees when the City lost $1 million in Local Government Aid (LGA) in the past; and Police Chief Mueller responded that the police study should be completed in mid-October. Mayor Kozlowski suggested keeping the two new police positions in the budget as a placeholder, and waiting to hire until the report is done. He has no issue with the other proposed adjustments, adding that enforcement issues generate the most complaints. Councilmember Polehna remarked that two years ago the Council approved hiring a code enforcement person and now code enforcement has been arbitrarily moved into another position. He understands the importance of bridge lighting, but suggested fundraising for it. This would be one of the highest levy increases since he has been on the Council, and it makes him uncomfortable. Councilmember Junker commented he does not want to start funding long term debt with LGA or ARPA funds. He has no problem with the $26,000 library levy increase. In the future the City should come up with alternatives to fund bridge and downtown lighting costs. He would support a placeholder for the police positions, but struggles with funding two positions. He would like to fund some of the IT tasks with ARPA funds, and agreed with the Mayor that most complaints are about enforcement issues. Community Development Director Gladhill clarified that the position that is now assistant planner was previously a zoning administrator; the position was supposed to be split in half between planning/zoning issues and building permits, and code enforcement, but workload is so high that staff cannot keep up the planning/zoning or code enforcement. Mayor Kozlowski stated is he concerned that by eliminating some items, the condition of the City would suffer significantly. Councilmember Collins stated he supports leaving the new police positions as placeholders and funding the IT items with ARPA funding. Consensus of the Council was to move the IT consultant position into ARPA funds and leave in all other positions, but hold the police positions until the Police Study is done. 2022 Strategic Plan Summary Mr. Kohlmann provided a draft of the strategic plan and reviewed the process for completing the plan before 2024 budget discussions. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt the 2022 Strategic Plan. All in favor. Long Range Financial Management Plan Patty Kettles, Baker Tilly, reviewed the proposed scope of work for a long range financial management plan. The plan will be easy to change to adapt to changing situations. It will take 4-6 weeks to build the model. The leads will be Elizabeth Bergman and Mikaela Huot. Finance Director Provos agreed the plan would be helpful. City Administrator Kohlmann added the cost is not to exceed $40,000 and will come out of ARPA funds. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve the proposal for a Long Range Financial Management Plan as presented by Baker Tilly. All in favor. City Council Meeting September 6, 2022 Page 3 of 10 Communications Strategy Sara Swenson and Ashley Aram of Goff Public presented a proposal for developing a citywide communications strategy for 2023. Ms. Swenson added that the plan will help ensure residents receive information in a variety of ways, demonstrating the City’s value to residents, and building trust and relationships with residents and partners, so that a time of crisis is not the first time the City is communicating with key stakeholders. Mayor Kozlowski asked if gathering input from stakeholders is part of the communications plan, and Ms. Aram replied that could be worked into the recommendations, but the plan would not include execution. Ms. Swenson added that the team can also can support economic development communications at a not to exceed cost. Mayor Kozlowski asked if the City has an emergency crisis communications system, and Police Chief Mueller replied no. Ms. Aram responded that having a crisis communications plan is very necessary. The proposal does not include a crisis communications plan, but Goff Public could do one. Mayor Kozlowski reminded that the City’s lobbyist should be kept apprised. He asked how the retainer amount proposed might be reduced. Ms. Swenson replied the estimate is based on Goff Public executing and driving most of the communications, so if City staff steps into part of that role, the cost would be less. Mr. Kohlmann stated the funding for the plan would be ARPA funds. Staff can bring more information back in the near future, and the Council and staff will determine which parts of the plan to pursue. Council consensus was to direct staff to move forward on development of a communications strategy. Facility Space Needs Study Discussion Facilities Manager Greiner spoke on the need for a study that provides facility condition rating and space needs for staff. He would like to get quotes from vendors. Typically, a 5- year and 10-year plan would be done. Council consensus was to p roceed with getting quotes to bring back to a future meeting. Bergstein Shoddy Mill Buildings Reuse Update Community Development Director Gladhill explained the regulatory framework and the anticipated possible reuses of the Bergstein Shoddy Mill buildings, as guided by the Bridgeview Park Master Plan and Bergstein Shoddy Mill Reuse Plan. The City Council has prioritized two major investments within the plan: Public Transient Dock ($500,000; $750,000 with contingency); and Use of Bergstein Shoddy Mill Buildings, Basic Structural Repairs Only, No Tenant Improvements ($300,000, $500,000 with contingency) or Tenant Improvements/Able to Lease ($600,000, $1 million with contingency). He stated that, as part of mitigation efforts of the impacts of the TH 36/Saint Croix River Crossing, the Shoddy Mill Buildings are on the National Register of Historic Places. Proposals that deviate from previous planning efforts may require additional natural and cultural resource mitigation, especially if State or Federal dollars are involved. Several vendors have approached the City about doing a trailside coffee shop, and Discover Stillwater has expressed interest in a City Council Meeting September 6, 2022 Page 4 of 10 visitor center. A process to gauge interest in reuse of the site was discussed in January. There is benefit in knowing of the interest before asking the State again for bonding funds or a local option sales tax. Staff will reactivate the request for proposals to see who is interested in occupying the space. Councilmember Junker pointed out that the 2015 Bergstein report inferred that these two buildings would be very easy to renovate, and that because of the National Registry designation, they would be eligible for a variety of financial incentives. On the contrary, it will take a lot of money to renovate the buildings to be functional at all. Councilmember Polehna remarked that he met with people from the national transient docking program which could provide some funding. Mr. Gladhill summarized that staff will work with the City Attorney to ensure that proposals meet the public purpose requirement. Hopefully there will be Federal and State dollars available. Council consensus was to more forward to get costs to shore up the building, find funding sources and determine possible uses for the buildings. Mayor Kozlowski postponed the staff updates to the 7 pm meeting. RECESS Mayor Kozlowski recessed the meeting at 6:02 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:02 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Council Service Award for David Brandt, Parks and Recreation Commission Mayor Kozlowski and the Council recognized David Brandt for 17 1/2 years of service on the Parks and Recreation Commission. City Council Meeting September 6, 2022 Page 5 of 10 Certificate of Appreciation for Jon Stillman Mayor Kozlowski and the Council recognized Jon Stillman, recipient of the Rotary International Distinguished Service Award. Bird Migratory Awareness Proclamation Mayor Kozlowski read a proclamation designating March to May and August to October as “Bird Migration Awareness and Lights Out” months. OPEN FORUM Louise Hansen, Rivertown Commons resident, reported continuing problems with kids in the parking ramp. CONSENT AGENDA August 16, 2022 special and regular meeting minutes Payment of Bills CBD Retail Establishment License Ordinance – Ordinance 2nd Reading City Hall Elevator Maintenance Service Contract Extension City Hall Exhibit Wall and Display Case Contract with Museology, LLC Downtown Parking Commission Appointment Fire Service Contract with Stillwater Township Flexible Work Arrangement Policy Updated Jumping from a Bridge, Overpass or Roadway into Public Water Ordinance – Ordinance 2nd Reading Medical Cannabis, CBD Products and Hemp Growing Operations Zoning Ordinance - Ordinance 2nd Reading Regulating Obstructions in the Sidewalk Right of Ways in the Central Business District – Resolution 2022‐109 Rivertown Fall Art Festival Event Contract and Temporary Liquor License School Resource Officer Agreement with Stillwater Area Public Schools Security Fencing Project at Stillwater Fire Department Short-Term Housing Rental License Locations Ordinance – Ordinance 2nd Reading Short-Term Home Rental License Application for 119 Owens St N Stillwater Harvest Fest Event Contract and Temporary Liquor License Therapeutic Massage Business Locations Ordinance – Ordinance 2nd Reading Tobacco License for New Owners of Len’s Family Foods – Resolution 2022‐110 Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. STAFF REPORTS Public Works Director Sanders gave construction updates on the Chestnut Street Plaza Project and the 2022 Street Improvement Project. He stated a Water Efficiency Rebate Grant is available for residents. Police Chief Mueller stated personnel will continue to monitor pedestrian safety on the Chestnut Street Project. There were several disturbances downtown over the weekend. He provided department and staffing updates. City Council Meeting September 6, 2022 Page 6 of 10 Fire Chief Glaser stated he will present a Fire Prevention Week Proclamation October 4. The Fire Department will participate in a 343 Run September 11 Tribute event. Finance Director Provos stated seven proposals for banking services were received. Community Development Director Gladhill stated Design Permit and Short Term Home Rental applications have increased; applicants are urged to submit early. He stated staff is working with the State to help applicants meet downtown parking accessibility codes. There have been many bed and breakfast ownership changes and an influx in code enforcement requests. He provided a Third/Myrtle Street apartment project update. City Attorney Land stated the Terra Springs contract will be presented soon. City Administrator Kohlmann noted staff is working on the budget and strategic planning and will bring utility fund budgets next. Planning is underway for the Snow Sculpting Championship event. Staff met with Washington County staff about the Aiple property; and the League of Minnesota Cities will tour the Fire Station on October 6. Library Director Troendle shared that before the 1840s, Stillwater had a Dakota name meaning The Place where the Fish Lies. He gave programming updates and added that photo scanning will be available to residents October 1 and 15. The library is accepting house photos and deeds for its collection. PUBLIC HEARINGS Preliminary Plat and Final Plat to create three new lots located north of 601 Main St N Community Development Director Gladhill explained that the City has worked closely with the Stillwater Marina & Yacht Club to bring the proposed plat before the Planning Commission and City Council. The purpose of the plat is to allow the City to purchase property, ensuring access and control to the recently acquired parks and recreation area known as Lumberjack Landing. Additionally, the plat will help clarify private property line boundaries along the Brown's Creek trail property. The specific request is to subdivide an existing 79,239 square foot lot into three new outlots within the Park, Recreation or Open Space District. Staff recommends approval of the Preliminary and Final Plat. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2022‐111, a Resolution Approving a Preliminary Plat for Lumberjack Landing Trail Addition, Case No. 2022-62, and to adopt Resolution 2022‐112, a Resolution Approving Final Plat for Lumberjack Landing Trail Addition, Case No. 2022-62. All in favor. Amend City Code Allowable Uses in Non-residential Districts to specifically allow medical offices in this district – Ordinance 1st Reading Community Development Director Gladhill explained that receipt of a Conditional Use Permit application to allow a medical/dental clinic and office in the Campus Research District (“the District”, or CRD) prompted staff to review the district standards, previous applications and development pressures that have affected the District in the past decade. Staff felt it appropriate to bring forward an ordinance amendment proposal for the Campus Research District that addresses design requirements and allowable uses. City Council Meeting September 6, 2022 Page 7 of 10 Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt first reading of an Ordinance amending City Code Chapter 31, Section 31-322 and Section 31-325 regarding Campus Research District Allowable Uses and Performance Standards. All in favor. Amend City Code regarding Accessory Uses and Structures in residential districts to update sizes for larger lots, allow for home offices/recreation rooms, and remove other conflicting regulations pertaining to accessory structures in the City Ordinance – Tabled to October 4 Council meeting Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to table Amend City Code regarding Accessory Uses and Structures in residential districts, to the October 4 City Council meeting. All in favor. Vacate and discontinue a portion of unbuilt public right-of-way, identified as Third Street, located east of 101 Hazel Street East and west of Schulenburg Park Community Development Director Gladhill explained that the property owners of 101 Hazel St E have applied for a right-of-way vacation of an unopened portion of Third Street North, adjacent to Schulenburg Park. The right-of-way includes a storm sewer line and a separate city-granted right of way and utility easement, which crosses a portion of Third Street North. There does not appear to be any physical improvement on the existing right-of-way at this time. Including the existing storm sewer line, any other utilities existing in the right-of-way would need to be encumbered by a drainage and utility easement. Staff recommends approval of the requested vacation. Councilmember Junker asked how the case originated, and Mr. Gladhill replied that the adjacent landowner (Middletons) requested the right-of-way vaca tion. State law directs that the vacated property would be split down the middle and attached to the adjacent parcels even though one of the adjacent parcels is a City park. Mayor Kozlowski opened the public hearing. Jon Skaalen, 1900 Third Street North, stated he voiced no objection. Mayor Kozlowski closed the public hearing. Councilmember Junker stated the right-of-way vacation does not benefit the City and he objects to giving the adjacent property owner more land for potential construction. Mr. Gladhill noted that most of that section of Third Street right-of-way has already been vacated through a similar process. He does not know if it will give enough property to create more lots than what is there today. The number of lots will be restricted by topography. Councilmember Odebrecht agreed that the vacation does not create value for the City, but any structure built there would have to meet requirements or pass the practical difficulty test if a variance is sought. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2022‐113, a Resolution Vacating a Portion of Unbuilt Public Right-of-Way located within the City of Stillwater, Minnesota. Motion passed 4-1 with Councilmember Junker voting nay. City Council Meeting September 6, 2022 Page 8 of 10 Zoning Map Amendment to rezone certain properties to Neighborhood Commercial to better preserve the existing smaller commercial uses in neighborhood areas that are not associated with Downtown or the Highway 36 Commercial Corridor – Ordinance 1st Reading Community Development Director Gladhill stated that during development of the 2040 Comprehensive Plan, changes to the commercial land use categories were made to clarify and better reflect the desire to preserve the unique neighborhood commercial uses of the historic areas. In 2021, a Zoning Text Amendment was approved that added the Neighborhood Commercial section to the zoning code. Now the map is being amended to apply it to the appropriate parcels. The Planning Commission recommended approval of the Zoning Map Amendment, provided that the Liberty Village and Fourth Street Parcels are removed. Councilmember Odebrecht questioned creating a legal nonconforming property at Owens and Wilkins by including it (gas station) in the Neighborhood Commercial District. Mr. Gladhill replied it is his understanding that the City is trying to get to a point of phasing out gas stations in the older residential sections of Stillwater. The gas station may continue without expansion, but if it ever closes, it would convert to a use that is more compatible with the neighborhood area. He thinks the old part of Stillwate r should be treated separately and historic preservation standards should not be applied to Liberty Village, which should be left as village commercial. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt first reading of an Ordinance Amending the Zoning Map to rezone certain properties to Neighborhood Commercial. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS 2022 Street Improvement Project Declaring Costs, Preparing Assessment Roll and Call for Hearing Public Works Director Sanders informed the Council that the 2022 Street improvement Project is scheduled to be completed by the end of October 2022. Staff has projected the total cost to be $2,425,920. Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2022‐114, Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for the 2022 Street Improvement Project (Project 2022-02) and to adopt Resolution 2022‐115, Resolution Calling for Hearing on Proposed Assessment for the 2022 Street Improvement Project (Project 2022-02). All in favor. City Council Meeting September 6, 2022 Page 9 of 10 2021 Sidewalk Rehabilitation Project Declaring Costs, Preparing Assessment Roll and Call for Hearing Public Works Director Sanders explained that the 2021 Sidewalk Improvement Project is scheduled to be completed by the end of October 2022. Staff has projected the total cost to be $39,287. The assessment roll needs to be prepared and a hearing held. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2022‐116, Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for the 2021 Sidewalk Improvement Project (Project 2021-06) and to adopt Resolution 2022‐117, Resolution Calling for Hearing on Proposed Assessment for the 2021 Sidewalk Improvement Project (Project 2021-06). All in favor. Fee Schedule Amendment for CBD License Fee and Violations City Clerk Wolf explained that staff recommends the CBD Retail Establishment License fee mirror the City’s on-sale intoxicating liquor license fee, since CBD is an unregulated intoxicating drug (unlike tobacco which is non-intoxicating and regulated). Staff recommends setting the CBD license fee at $4,000, the CBD license background investigation fee at $300 for new applications, and $150 for renewals, and the violation fee at $500 for each offense, doubling the fee upon each repeat offense. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2022‐118, Resolution Amending Resolution 2022-04, 2022 Fee Schedule Regarding CBD Retail Establishment License Fee. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna invited the Council to a 9 a.m. September 17 ribbon cutting and grand opening for the Riverbank Stabilization Project. He thanked Stillwater Sunrise Rotary for donating benches and bike racks. Police Chief Mueller stated the Department will participate in a Cover the Cruiser (police car) event for Special Olympics at 4 p.m. on September 16 at the historic bridge entrance. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:11 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022‐109, A Resolution Regulating Obstructions in the Sidewalk Rights of Way in the Central Business District in Downtown Stillwater Resolution 2022‐110, Approving New Tobacco Licenses for Grocers Unlimited LLC dba Len’s Family Foods City Council Meeting September 6, 2022 Page 10 of 10 Resolution 2022‐111, A Resolution Approving a Preliminary Plat for Lumberjack Landing Trail Addition, Case No. 2022-62 Resolution 2022‐112, A Resolution Approving Final Plat for Lumberjack Landing Trail Addition, Case No. 2022-62 Resolution 2022‐113, A Resolution Vacating a Portion of Unbuilt Public Right-of-Way located within the City of Stillwater, Minnesota Resolution 2022‐114, Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for the 2022 Street Improvement Project (Project 2022-02) Resolution 2022‐115, Resolution Calling for Hearing on Proposed Assessment for the 2022 Street Improvement Project (Project 2022-02) Resolution 2022‐116, Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for the 2021 Sidewalk Improvement Project (Project 2021-06) Resolution 2022‐117, Resolution Calling for Hearing on Proposed Assessment for the 2021 Sidewalk Improvement Project (Project 2021-06) Resolution 2022‐118, Resolution Amending Resolution 2022-04, 2022 Fee Schedule Regarding CBD License Fee Ordinance No. 1190, An Ordinance Amending the Stillwater City Code by Enacting City Code §41-9 CBD Retail Establishment License Ordinance No. 1191, An Ordinance Enacting Section 52-21 of the Stillwater City Code Regarding Jumping from a Bridge, Overpass or Roadway into Public Water Ordinance No. 1192, An Ordinance Amending City Code Chapter 31, Section 31-101, Section 31-325, Section 31-315, Regarding Medical Cannabis, Cannabidiol (CBD) Projects and Hemp Growing, and Section 31-514.1 Regarding Performance Standards for Cannabis-Related Uses Ordinance No. 1193, An Ordinance Amending City Code Chapter 31, Section 31-315 and Section 31-325 Regarding Short-Term Housing Rental License Locations Ordinance No. 1194, An Ordinance Amending City Code Chapter 31, Section 31-325 Regarding Therapeutic Massage Business Locations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eptember 20, 2022 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Ordinance Amendment (Second Reading) - Campus Research District (CRD) Use Table and District Standard Amendment, Case No. 2022-56. BACKGROUND On September 6, 2022 the City Council approved the First Reading of this Ordinance and is now eligible for Second Reading/Adoption. On July 22, 2022, Staff received a Conditional Use Permit application to allow a medical/dental clinic and office located in the Campus Research District (“the District”, or CRD). Upon receipt of this application, Staff conducted an in-depth review of the district standards, previous applications for similar uses, and learned about development pressures that have affected the District in the past decade. In response to this review, Staff felt it appropriate to bring forward an ordinance amendment proposal for the Campus Research District that addresses design requirements and allowable uses. The review conducted by Staff assessed the purpose and goals of the Campus Research District, the design requirement standards, as well as the 2040 Comprehensive Plan’s Land Use description. The review concluded with research surrounding past and current development pressures and trends. The purpose statement and goals for the Campus Research District in City Code indicate that development in the District is guided for a mix of office, research and development, and light manufacturing uses. Development is intended to be low-density, high-quality business park style development with amenities and open space, such as walking trails and parks. The CRD design requirements within the West Stillwater Business Park design guidelines overlay district, guides architectural, landscape, sign, and site design standards for development. Staff found that the performance standards for the CRD dictate that a Design Permit following the guidelines outlined in the West Stillwater Business Park should be required. The purpose of the West Stillwater Business Park design guidelines is to ensure consistent quality design and allow for review of new development proposals. When reviewing current practice of the administration of the West Stillwater Business Park design guidelines, most if not all design review is done as part of the Land Use Permit and without a Design Permit. Furthermore, all other commercial districts that are within the West Stillwater Business Park Design guidelines do not currently require a Design Permit, resulting in the possibility of inconsistent development and administration of standards. Currently, the Design Permit is utilized primarily, if not exclusively in our Downtown commercial and residential districts. When reviewing the current standards and administration of the West Stillwater Business Park design guidelines, it is staff’s assumption that Design Permit requirement may have been an inconsistency missed from a previous ordinance amendment. Review of the underlying land use category, Research & Development Park, as outlined in the 2040 Comprehensive Plan states the goal of this district is to attract a major employer, specifically for a corporate center, research facility, educational institution, or medical/office campus. Currently, there is one medical campus model being considered on the western most portion of the Campus Research District. The proposed location is approximately 70 acres at the corner of Manning Ave N and Highway 36. Staff also reviewed previous development and development pressures affecting this district. In the past decade majority of the development of the vacant parcels in this district have consisted of separately owned medical/dental clinics and offices. Review of Section 31-325 describes that these uses are not explicitly permitted in the Campus Research district. That being said, the uses have been permitted through a Campus Research district Standard, Section 31-322 (b)(2), which allows “Similar uses by special use permit. Any other use or service establishment determined by the planning commission to be of the same general character as the specially permitted uses in Section 31-325 for the CRD district and which will not impair the present or potential use of adjacent properties.”. A key component for approval when utilizing the standard outlined in Section 31-322 (b)(2) is the Planning Commission making the finding that the proposed use is consistent with neighboring and existing uses and is compatible with the intention of the zoning district. All of the medical/dental office and clinic approved via conditional use permit have met these key requirements As a result of this review, Staff recommends an amendment Section 31-325, the use table, in order to permit medical/dental clinics and offices uses through the Conditional Use Permit rather than continue to rely on permitting “similar uses” per Section 31-322 (b)(2). The primary reason being, medical/dental clinics and offices have been and continue to be routinely determined compatible with the intention of the land use and district purpose statement and found to be an appropriate f it within the regional commercial area by both City Staff and Planning Commission. Additionally, staff believe that it would be prudent to amend the performance standards for the CRD within Section 31-322 to remove the Design Permit requirement, and continue to require that design regulations adhere to the West Stillwater Business Park Design Guidelines. This would allow for a more uniform administration of the West Stillwater Business Park Design guidelines, therefore providing clarity to developers and Staff reviewers. This draft ordinance amendment memorializes “Office; medical and dental” as a conditional use and removes the Design Permit requirement from the district standards. This action will help to clarify and maintain the intent of this district and bring the existing businesses into further compliance. This amendment will also assist staff in facilitating future discussions and conversations with potential developers and property owners. RECOMMENDATION The Planning Commission recommend approval of the Ordinance amendment. ACTION REQUESTED Motion to approve the Second Reading of the Ordinance amendment related to Campus Research district standards and the non-residential districts use table. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1195 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-322 AND SECTION 31-325 REGARDING CAMPUS RESEARCH DISTRICT ALLOWABLE USES AND PERFORMANCE STANDARDS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-322 of the City Code, CRD campus research district, is hereby amended as follows: Subd. (d) Other Requirements. (6) Design Regulations. Design regulations in the CRD district as follows: See West Business Park Plan Special Site and Design Guidelines, pages 18-20. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non-Residential Districts - Offices, is hereby amended as follows: SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance establishes the use, office, medical and dental, as permissible via conditional use permit within the Campus Research District. It also amends the design requirement standards by removing the required Design Permit and requiring development follow the established West Stillwater Business Park Design Guidelines. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 20th day ofSeptember, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS HMU NC OfficesOffices; medical and dental P CUP P P P CUP P P DATE: September 20, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator, Sharon Provos, Finance Director & Vanessa Norby, Assistant Finance Director SUBJECT: Stillwater Banking Services Selection Approval BACKGROUND In early August the City of Stillwater sent out RFP’s for Banking and Credit Card Services to Wells Fargo, US Bank, Huntington Bank, First Resource Bank, First State Bank & Trust, Lake Elmo Bank and Midwest One Bank. We were pleased to receive proposals back from all 7 banks. Our objective was to find a bank that offered a lower or no cost option for banking services while maintaining our current banking services, with a brick and mortar building within the City in order to keep our business as local as possible. We read through each proposal carefully and considered what they had to offer. Our recommendation is to approve First Resource Bank as the City’s primary checking account. We are confident First Resource Bank will meet or exceed all of the objectives we’re seeking in our Request for Proposal. ACTION REQUESTED Motion to approve using First Resource Bank for the City’s primary banking needs. TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: September 15, 2022 SUBJECT: Rejection of Bid Downtown Manhole Rehabilitation Project -Project 2022-05 BACKGROUND The City unfortunately received one bid for this project on September 1 from Dressel Contracting of Chisago City, Minnesota. The amount of the bid was $369,373.20 and was $125,000 over the engineers estimate of $255,930. This amount along with the engineering cost, puts the project over the budgeted amount of $400,000. Staff and the consultant feel that we rebid this project later this fall/winter when the bidding climate is better and have the work completed in 2023. RECOMMENDATION Staff recommends that Council approve the attached resolution rejecting the bid for the Downtown Manhole Rehabilitation Project. ACTION REQUESTED Staff recommends that City Council approve the resolution 2022-__ rejecting the bid for the Downtown Manhole Rehabilitation Project. Project 2022-05. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx RESOLUTION RECEIVING AND REJECTING BID FOR STILLWATER DOWNTOWN MANHOLE REHABILITATION PROJECT (2022-05) WHEREAS, pursuant to an advertisement for bids for Stillwater Downtown Manhole Rehabilitation Project (2022-05), the following bid was received on September 1,2022 and tabulated according to law: BIDDER Dresel Contracting Inc., Chisago City, MN and BID AMOUNT $369,373.20 WHEREAS, this bid is much higher than the estimate for this portion of the work, thereby putting the estimated project costs for fully delivering Stillwater Downtown Manhole Rehabilitation Project beyond previously set budget parameters, and WHEREAS, the City desires both a demonstrable amount of competition for the work as well as to deliver the project within budget parameters. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The City hereby by rejects the bid submitted by Dresel Contracting Inc. Adopted by the Council this 201h day of September 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk DATE: September 16, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Gambling Premises Permit at Devil’s Advocate Restaurant BACKGROUND The City has received a Lawful Gambling Premises Permit Application from Washington Co. Star Trail to conduct gambling at Devil’s Advocate Restaurant located at 14200 60th St N in Stillwater. The activity requested is pull-tabs, electronic pull-tabs and electroinc linked bingo. RECOMMENDATION Washington Co. Star Trail has submitted the required documention demonstrating that the organization is collecting gambling monies for lawful purposes. Therefore Staff recommends approving Washington Co. Star Trail to conduct gambling at Devil’s Advocate Restaurant. ACTION REQUESTED If council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL GAMBLING FOR WASHINGTON CO. STAR TRAIL AT DEVIL’S ADVOCATE RESTAURANT. 2 City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL GAMBLING FOR WASHINGTON CO. STAR TRAIL AT DEVIL’S ADVOCATE RESTAURANT WHEREAS, the Washington Co. Star Trail has submitted an application to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit at Devil’s Advocate Restaurant located at 1240 W. Frontage Rd, Stillwater, Minnesota; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a local gambling premise permit for Washington Co. Star Trail at Devil’s Advocate. Adopted by the Stillwater City Council this 20th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: September 20, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Amendment #2 of MNDOT Limited Use Permit (#8217 -0075) BACKGROUND In 2021, the city received a limited use permit from Minnesota Department of Transportation (MnDOT) to install lighting on the Lift Bridge during the winter months. The permit allowed for the installation of lights after November 15 and removal of the lights by April 1. The vendor who installs the lights has requested an earlier date to install the lights due to weather and availability of equipment when installed in November. MnDOT has reviewed the request and has prepared an am endment to the original permit LUP#8217-0075 to allow for the installation to occur after October 1, but the lights cannot be turned on until November 15. RECOMMENDATION Staff recommends that Council review and approve Amendment #2 of MNDOT Limited Use Permit (#8217-0075) ACTION REQUESTED If Council agrees with the recommendation, they should pass a motion Approving Amendment #2 of MNDOT Limited Use Permit (#8217 -0075) LUP – Amendment LUP Form Page 1 of 5 LU1013 9/15/2022 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AMENDMENT OF LIMITED USE PERMIT # 2 C.S. 8217 (T.H. 36) C.S. 8217 (T.H. 36) County of Washington LUP # 8217-0075 Permittee: City of Stillwater 04-01-2024 The State of Minnesota, Department of Transportation (“MnDOT”) and the City of Stillwater, (“Permittee”), entered into Limited Use Permit No. 8217-0075 (“LUP”) involving the seasonal installation, maintenance and operation of a highway beautification project as further described in the LUP. The parties desire to amend the seasonal installation dates Permittee takes possession of the Area for purposes of installing lighting on the Lift Bridge, and the parties deem certain amendments and additional terms and conditions which are mutually beneficial for the effective continuation of said LUP. NOW THEREFORE MnDOT and Permittee agree to amend the LUP with the substitution of the following terms and conditions which shall become part of the LUP. 1. Permittee may take possession of the Area on or after October 1st of each year during the term for the purpose of installing lights on the north and south sides of the Lift Bridge, provided that in no event shall the Permittee operate the lighting and decorations prior to November 15th of each year. Such installation shall be in a proper manner and consistent with Sections 2 and 3 of the LUP. Permittee shall coordinate with MnDOT for the installation of the lights on the Lift Bridge, and such installation is subject to and expressly conditioned on, (a) Lift Bridge operations, specifically Lift Bridge operations cannot be impacted by the light installation. (b) Lighting installation by the Permittee or its contractor shall work around the Lift Bridge operations. MnDOT and Permittee acknowledge and agree, Lift Bridge operations are of utmost LUP – Amendment LUP Form Page 2 of 5 LU1013 9/15/2022 importance. If in MnDOT’s sole discretion, MnDOT determines the lighting installation impacts lift operations, MnDOT will notify the Permittee and the Permittee, and its contractor will immediately cease installation operations until an alternate installation method is approved by MnDOT or Lift Bridge operations cease for the season. 2. Except where clearly inappropriate, the provisions of the LUP shall be applicable during the period of Permittee’s possession of the Area and the commencement of operations of the Facility. LUP – Amendment LUP Form Page 3 of 5 LU1013 9/15/2022 PERMITTEE: CITY OF STILLWATER Signature __________________________ Print Name__________________________ Title: ______Mayor______________ Date ______________________________ Signature ____________________________ Print Name ___________________________ Title ____________________________ Date ______________________________ MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: _______________________________ District Engineer Date ______________________________ APPROVED BY: LUP – Amendment LUP Form Page 4 of 5 LU1013 9/15/2022 COMMISSIONER OF TRANSPORTATION By: _______________________________ Director, Office of Land Management Date _____________________________ illwat r Administration TO: Mayor and City Council Members FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager DATE: September 20, 2022 SUBJECT: Renewal Agreement for OSHA and Safety Training and Consultation BACKGROUND The City of Stillwater operates programs and services that fall under the United States Department of Labor, Division of Occupational Safety and Health Administration (OSHA) and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration program umbrella. Doing so requires ongoing education and training of its employees. SafeAssure Consultants, Inc. (SafeAssure) provides the City of Stillwater with services that include OSHA compliance recommendations and consultation, scheduled classroom-training sessions, and writing and maintaining mandatory OSHA programs. The firm has provided the City of Stillwater with reasonable and appropriate safety and loss control training for the past ten years. The City is satisfied with the service it receives from SafeAssure, and recommends renewal of a service agreement for $6,137.93 with SafeAssure for 2022-2023. RECOMMENDATION Staff recommends approval of the resolution entitled, "Approving SafeAssure Consultants, Inc., 2022-2023 Service Agreement." City of Stillwater Washington County, Minnesota RESOLUTION 2022- APPROVING SAFE ASSURE CONSULTANTS, INC., ANNUAL SERVICE AGREEMENT WHEREAS, the City of Stillwater, complies with the United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration programs; and WHEREAS, SafeAssure Consultants, Inc., agree to provide the City of Stillwater with services that include OSHA compliance recommendations and consultations, scheduled classroom-training sessions, writing and maintaining mandatory OSHA programs; and WHEREAS, the SafeAssure Consultants, Inc., has provided the City of Stillwater with reasonable and appropriate safety and loss control practices in previous years. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves renewal of a one-year service agreement with SafeAssure Consultants, Inc., effective October 1, 2022, to September 30, 2023 for $6,137.93. Adopted by the Stillwater City Council this 20th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarify written and training requirements. The required standards that apply to the city of Stillwater are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work-place Accident & Injury program that promotes safe & healthful working conditions'~ EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies'~ CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 ''Procedures shall be developed documented & utJJized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section'~ HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 ''Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for: development & maintaining a written hazard communication program for the work- place ... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 ''Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment ........... " CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program ........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels and shall ensure employee participation in such a program. BLOODBORNEPATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. 1 I Of 7 POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks': GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an 0.5.H.A. Standard may be covered under section S(a)(l} of the ac;l which states: Each employer shall furnish to each of {their} employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees. " PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) ''Application. "Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be petformed at intervals as generally defined in paragraph {j)(l)(ii)(b) of this section, depending upon its activity. .................. .. ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD's, MSD hazards and controls used to address MSD hazards. " MOBILE EARTHMOVING EQUIPMENT MN RULES 5207 .1000 Mobile earth-moving equipment operators and all other employees working on the ground exposed to mobile earth-moving equipment shall be trained in the safe work procedures pertaining to mobile earth-moving equipment and in the recognition of unsafe or hazardous conditions. 21 Of 7 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D -Walking -Working Surfaces Subpart E -Means of Egress Subpart F -Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G -Occupational Health and Environmental Control Subpart H -Hazardous Materials Subpart I -Personal Protective Equipment Subpart J -General Environmental Controls Subpart K -Medical and First Aid Subpart L -Fire Protection Subpart M -Compressed Gas and Compressed Air Equipment Subpart N -Materials Handling and Storage Subpart O -Machinery and Machine Guarding Subpart P -Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q -Welding, Cutting, and Brazing. Subpart S -Electrical Subpart Z -Toxic and Hazardous Substances 1926 Subparts Subpart C -General Safety and Health Provisions Subpart D -Occupational Health and Environmental Controls Subpart E -Personal Protective and Life Saving Equipment Subpart F -Fire Protection and Prevention Subpart G -Signs, Signals, and Barricades Subpart H -Materials Handling, Storage, Use, and Disposal Subpart I -Tools -Hand and Power Subpart J -Welding and Cutting Subpart K -Electrical Subpart L -Scaffolds Subpart M -Fall Protection Subpart N -Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart O -Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P -Excavations Subpart V -Power Transmission and Distribution Subpart W -Rollover Protective Structures; Overhead Protection Subpart X -Stairways and Ladders Subpart Z -Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) 31 Of 7 All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of Stillwater to obtain as required to comply with OSHA standards. Our Service Agreement year will begin on the signing of this Service Agreement. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for Stillwater are for the sole and express use by Stillwater and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a Service Agreement year, will be made at no additional cost to Stillwater. All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse Stillwater should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. 41 Of 7 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS Stillwater Written Programs & Training A.W.A.I.R. {A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating MSDSonline database system Lock Out/Tag Out {Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel Bloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Cranes-Chains-Slings • review/modify or write site specific program • documented training of all personnel (inspections) Hearing Conservation {Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Confined Space • review/modify or write site specific program • documented training of all personal 51 Of 7 Powered Industrial Trucks/Forklifts • review/modify or write site specific program • documented training of all personnel • testing and licensing Ergonomics • review/modify or write site specific program • documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements Mobile Earthmoving Equipment • review/modify or write site specific program • documented training of all personal General Safety Requirements • review/modify or write site specific program • documented training of all personnel The "SafeAssure Advantage" • Online training including but not limited to: AWAIR, EAP, ERTK, ERGO, Bloodborne, Fire Extinguishers, Forklift and approximately 30 others • Safety Committee Advisor • Employee Safety Progress Analysis • SafeAssure "Client Discount Card" from Fastenal Stores or Catalogs (15% off any item) • Job Hazard Analysis (JHA for more hazardous tasks/jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings-(C02 testing in shops with 5 or more vehicle capacity) • Documented foot-candle readings (if needed) • OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • "ALERT" data base • Unlimited consulting services Ted Kozlowski, Mayor Beth Wolf, City Clerk 09202022 09202022 Service Agreement THIS AGREEMENT is made this first day of October 2022 between the City of Stillwater, Stillwater, Minnesota, herein referred to as Stillwater and SafeAssure Consultants, Inc. 7505 93rd Ave NE, Spicer, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this Service Agreement, Stillwater (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by "The Hartford" insurance companies. SafeAssure further agrees that Stillwater will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges Stillwater, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless Stillwater, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of Stillwater, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed Service Agreement, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide Stillwater, the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom-training sessions, writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of Stillwater. ANNUAL SERVICE AGREEMENT $6137.93 (includes Waterboard as of 2021) MSDS/SDS ON-LINE SERVICES included ANNUAL $6,137.93 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH SERVICE AGREEMENT X. ____________ _ Stillwater SafeAssure Consultants, Inc. 090122 Date x ________________ _ Stillwater DATE: September 20, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Vantage Financial Lease Agreement for License Plate Reader for Passport Parking System Upgrade BACKGROUND At the July 5, 2022 City Council Meeting, the City Council approved a contract with Passport Labs for a mobile payment system in portions of the Downtown Parking District. Included in this direction was to lease a License Plate Reader to integrate with the new Passport Payment System for streamlined administration and enforcement. A License Plate Reader will significantly streamline the time to check for compliance both for checking for paid parkers in paid lots but also checking for compliance of time limits (i.e. 3 Hour Parking). The City Council elected to lease the License Plate Reader as opposed to purchase to reduce up front costs of the transition to the new parking system. The lease is $1,292.00 per month for a period of 60 months. Sidebar – the City’s current ticketing system (system for issuing and tracking tickets issued) for parking enforcement is no longer supported. Staff will forward a separate discussion with the City Council about updating our current ticketing system. This License Plate Reader would integrate with any ticketing system for additional process improvement. Passport has the appropriate enforcement (ticketing module) for full integration of all systems. RECOMMENDATION The Lease Agreement has been reviewed by the City Attorney, whom supports the draft Lease Agreement. Staff recommends that the City Council approve the draft agreement. ACTION REQUESTED Motion to approve the Lease Agreement with Vantage Financial to lease a mobile license plate reader for parking enforcement. DocuSign Envelope ID: 989CA4E8-043B-42DA-83AB-615BF2A47F71 ~1 Vantage Financial \~. A PEOPLES BANK'COMPANY Lease Agreement Number CIT090222 Lease Agreement This Lease Agreement dated September 2, 2022, by and between VANTAGE FINANCIAL, LLC (the "Lessor") with an office located at 444 Second Street, Excelsior, Minnesota 55331 and CITY OF STILLWATER (the "Lessee") with an office located at 216 North Fourth Street, Stillwater, Minnesota 55082-4807. Lessor hereby leases or grants to the Lessee the right to use, and Lessee hereby rents and accepts the right to use, the tangible property and the equipment whether or not listed by serial number, and software and related services, on the Lease Schedule(s) attached hereto or incorporated herein by reference from time to time (collectively, the equipment, software and all related services are the "Equipment"), subject to the terms and conditions hereof, as supplemented with respect to each item of Equipment by the terms and conditions set forth in the appropriate Lease Schedule. The term "Lease Agreement" shall include this Lease Agreement and the various Lease Schedule(s) identifying each item of Equipment or the appropriate Lease Schedule(s) identifying one or more particular items of Equipment. 1. Term This Lease Agreement is effective from the date it is executed by both parties. The term of this Lease Agreement, as to all Equipment designated on any particular Lease Schedule, shall commence on the Installation Date for all Equipment on such Lease Schedule and shall continue for an initial period ending that number of months from the Commencement Date as set forth in such Lease Schedule (the "Initial Term") and shall continue from year to year thereafter at the Monthly Charges last in effect, until terminated . The term of this Lease Agreement as to all Equipment designated on any particular Lease Schedule may be terminated without cause at the end of the Initial Term or the end of any year thereafter by either party mailing written notice of its termination to the other party not less than one-hundred twenty (120) days prior to such termination date. All such terminations are effective only with respect to not less than all Equipment under the applicable Lease Schedule. Notice of termination by Lessee may not be revoked without Lessor's written consent. 2. Credit Review For each Lease Schedule, Lessee agrees that Lessor may conduct a credit investigation and review. In such event, Lessee shall provide, in a timely manner, such financial information as Lessor may request. Lessee represents and warrants that all such financial information accurately and completely presents Lessee's financial condition as of the date of execution of each Lease Schedule. Lessee shall upon request provide to Lessor a complete set of Lessee's financial statements, including a statement of cash flows, balance sheet and income statement, and any other financial information the Lessor may request. If during the Installation Period the Lessee's financial condition changes in any material respect (as determined by the Lessor in its sole discretion), then Lessor shall be entitled to stop purchasing equipment to be leased to Lessee and commence the applicable lease xchedule(s). 3. Licensed Software Any software listed in a Lease Schedule will be subject to Lessee's separate software license agreement with the owner or distributor ("Licensor'') except as such agreement may conflict with the terms and conditions of the Lease Schedule. Lessee shall comply with all non-conflicting terms and look solely to the Licensor for satisfaction of all claims and warranties relating to the software. Lessee's obligations under a Lease Schedule will not be affected by any termination of a software license agreement or any defect in or loss of the software. Lessee is responsible for arranging delivery and installation of the software. 4. Commencement Date The Installation Date for each item of Equipment shall be the day said item of Equipment is installed at the Location of Installation, ready for use, and accepted in writing by the Lessee . The Commencement Date for any Lease Schedule is the first day of the month following installation of all the Equipment of the Lease Schedule, unless the latest Installation Date for any Equipment on the Lease Lease Ag1eernent 4 .01 ME Schedule falls on the first day of the month, in which case that is the Commencement Date . The Lessee shall complete, execute and deliver to Lessor a Certificate of Acceptance listing the specific items of Equipment to be leased upon installation of the Equipment. 5. Lease Charge The lease charges for the Equipment leased pursuant to this Lease Agreement shall be the aggregate "Monthly Lease Charge(s)" as set forth on each and every Lease Schedule executed pursuant hereto (the aggregate "Monthly Lease Charge(s)" are the "Lease Charges"). Lessee agrees to pay to Lessor the Lease Charges in accordance with the Lease Schedule(s), and the payments shall be made at Lessor's address indicated thereon . The Lease Charges shall be paid by Lessee monthly in advance with the first full month's payment due on the Commencement Date. The Lease Charge for the period from the Installation Date to the Commencement Date (the "Installation Period") shall be an amount equal to the "Monthly Lease Charge" divided by thirty (30) and multiplied by the number of days from and including the Installation Date to the Commencement Date, and such amount shall be due and payable upon receipt of an invoice from Lessor. Charges for taxes made in accordance with Section 6 below, and all other charges made under any other provision of this Lease Agreement and payable by Lessee, shall be paid to Lessor at Lessor's address specified on the Lease Schedule(s) on the date specified in invoices delivered to Lessee. If payment as specified above is not received by Lessor on the due date, Lessee agrees to and shall, to the fullest extent permitted by law, pay on demand, as a late charge, an amount equal to five percent (5%), or the maximum percentage allowed by law if less, of the amount past due ("Late Charges"). The parties agree that Late Charges will accrue until billed by Lessor . Late Charges shall be charged and added to any past due amount(s) on the date such payment is due and every thirty (30) days thereafter until all past due amounts are paid in full to Lessor . 6 . Taxes In addition to the Lease Charges and Late Charges (if any) set forth in Section 5 above, Lessee shall reimburse Lessor for all license or registration fees, assessments, charges, sales and use taxes, rental taxes, recycling, administrative or environmental fees, gross receipts taxes, personal property taxes and other taxes or fees now or hereafter imposed by any government, agency, province or otherwise upon the Equipment, the Lease Charges or upon the ownership, leasing, renting, purchase, possession, use, recycling or disposal of the Equipment, whether the same be assessed to Lessor or Lessee (the "Taxes"). Lessee's obligation to remit taxes and other non-rent related charges shall be due and payable upon invoice from Lessor in accordance with the terms of such invoice. Lessor shall file all property tax returns and pay all Taxes when due . Lessee, upon written notice to Lessor, may, in Lessee's own name, contest or protest any Taxes, and Lessor shall honor any such notice except when in Lessor's sole opinion such contest is futile or will cause a levy or lien to arise on the Equipment or cloud Lessor's title thereto. In addition, Lessee shall be responsible to Lessor Page 1 of6 DocuSign Envelope ID: 989CA4E8-043B-42DA-83AB-615BF2A47F71 for the payment and discharge of any penalties or interest as a result of Lessee's actions or inactions. Nothing herein shall be construed to require Lessee to be responsible for any federal or state taxes or payments in lieu thereof, imposed upon or measured by the net income of Lessor, or state franchise taxes of Lessor, or except as provided hereinabove, any penalties or interest resulting from Lessor's failure to timely remit such tax payments. 7. Delivery and Freight Costs All transportation charges upon the Equipment for delivery to Lessee's designated Location of Installation shall be paid by Lessee . All rigging, drayage charges, structural alterations, rental of heavy equipment and/or other expense necessary to place the Equipment at the Location of Installation are to be promptly paid by Lessee. Lessee shall accept delivery of the Equipment and allow the Equipment to be installed within five (5) days after delivery. 8 . Installation Lessee agrees to pay for the actual installation of the Equipment at the Location of Installation or any other location authorized under this Agreement. Lessee shall make available and agrees to pay for all costs associated with providing a suitable place of installation and necessary electrical power, outlets and air conditioning required for operating the Equipment as defined in the Equipment manufacturer's installation manual or instructions, or as otherwise required by the Equipment manufacturer. All supplies consumed or required by the Equipment shall be furnished and paid for by Lessee. 9. Return to Lessor On the day following the last day of the lease term associated with a Lease Schedule (the "Return Date"), Lessee shall cause and pay for the Equipment listed on that Lease Schedule to be deinstalled, packed using the manufacturer's standard packing materials and shipped to a location designated in writing by Lessor (the "Return Location"), If the Equipment listed on the applicable Lease Schedule is not at the Return Location within ten (10) days of the Return Date, or Lessee fails to deinstall and ship the Equipment on the Return Date, then any written notice of termination delivered by Lessee shall become void, and the Lease Schedule shall continue in accordance with this Lease Agreement. In no event may Lessee avoid the effect of the preceding sentence by returning less than all of the Equipment listed on the applicable Lease Schedule or by returning substituted Equipment unless Lessor, in its sole discretion, shall expressly agree in writing. Irrespective of any other provision hereof, Lessee will bear the risk of damage from fire, the elements or otherwise until delivery of the Equipment to the Return Location. At such time as the Equipment is delivered to the Lessor at the Return Location, the Equipment will be at the risk of the Lessor. 10. Maintenance Lessee, at its sole expense, shall maintain the Equipment in good repair, working order and condition. Lessee shall enter into, pay for and maintain in force during the entire term of any Lease Schedule, a maintenance agreement with the manufacturer of the Equipment providing for continuous uninterrupted maintenance of the Equipment (the "Maintenance Agreement"). Upon Lessor's request, Lessee shall provide a copy of each such Maintenance Agreement to Lessor. Lessee will cause the manufacturer to keep the Equipment in good working order in accordance with the provisions of the Maintenance Agreement and make all necessary adjustments and repairs to the Equipment. The manufacturer is hereby authorized to accept the directions of Lessee with respect thereto. Lessee agrees to allow the manufacturer full and free access to the Equipment. All maintenance and service charges, whether under the Maintenance Agreement or otherwise, and all expenses, if any, of the manufacturer's customer engineers incurred in connection with maintenance and repair services, shall be promptly paid by Lessee. Lessee warrants that all of the Equipment shall be in good working order operating according to manufacturer's specification and eligible for the manufacturer's standard maintenance agreement upon delivery to and inspection and testing by the Lessor. If the Equipment is not free of physical defect or damage, operating according to manufacturer's specification, in good working order and/or eligible for the manufacturer's standard maintenance agreement, then Lessee agrees to reimburse Lessor for all costs, losses, expenses and fees associated with such equipment and the repair or replacement thereof. Upon the termination of any Lease Schedule or this Lease Agreement, Lessee Lease Agreement 4 01 ME warrants that the Equipment shall be eligible for the manufacturer's standard maintenance agreement. Lessee agrees to reimburse Lessor for any costs it incurs in making the Equipment eligible for such standard maintenance. 11. Location, Ownership and Use The Equipment shall, at all times, be the sole and exclusive property of Lessor. Lessee shall have no right or property interest therein, except for the right to use the Equipment in the normal operation of its business at the Location of Installation or as otherwise provided herein. The Equipment is and shall remain personal property of the Lessor even if installed in or attached to real property . Lessor shall be permitted to display notice of its ownership on the Equipment by means of a suitable stencil, label or plaque affixed thereto. Lessee shall keep the Equipment at all times free and clear from all liens, claims, levies, encumbrances, security interests and processes, of any nature whatsoever. Lessee shall give Lessor immediate notice of any such attachment or other judicial process affecting any of the Equipment. Without Lessor's written permission, Lessee shall not attempt to or actually: (i) pledge, lend, create a security interest in, sublet, exchange, trade, assign, swap, use for an allowance or credit or otherwise; (ii) allow another to use; (iii) part with possession; (iv) dispose of; or (v) remove from the Location of Installation, any item of Equipment. If any item of Equipment is exchanged, assigned, traded, swapped, used for an allowance or credit or otherwise to acquire new or different equipment (the "New Equipment") without Lessor's prior written consent, then all of the New Equipment shall become Equipment owned by Lessor subject to this Lease Agreement and the applicable Lease Schedule. Any feature(s) installed on the Equipment at the time of delivery which are not specified on the Lease Schedule(s) are and shall remain the sole property of the Lessor. Lessee shall cause the Equipment to be operated in accordance with the applicable vendor's or manufacturer's manual of instructions by competent and qualified personnel. 12. Financing Statement Lessor is hereby authorized by Lessee to cause this Lease Agreement or other instruments, including Uniform Commercial Code Financing Statements, to be filed or recorded for the purposes of showing Lessor's interest in the Equipment. Lessee agrees to execute any such instruments as Lessor may request from time to time . 13 . Alterations and Attachments Upon prior written notice to Lessor, Lessee may, at its own expense, make minor alterations in or add attachments to the Equipment, provided such alterations and attachments shall not interfere with the normal operation of the Equipment and do not otherwise involve the pledge, assignment, exchange, trade or substitution of the Equipment or any component or part thereof. All such alterations and attachments to the Equipment shall become part of the Equipment leased to Lessee and owned by Lessor. If, in Lessor's sole determination, the alteration or attachment reduces the value of the Equipment or interferes with the normal and satisfactory operation or maintenance of any of the Equipment, or creates a safety hazard, Lessee shall, upon notice from Lessor to that effect, promptly remove the alteration or attachment at Lessee's expense and restore the Equipment to the condition the Equipment was in just prior to the alteration or attachment. 14. Loss and Damage Lessee shall assume and bear the risk of loss, theft and damage (including any government requisition, condemnation or confiscation) to the Equipment and all component parts hereof from any and every cause whatsoever, whether or not covered by insurance. No loss or damage to the Equipment or any component part thereof shall impair any obligation of Lessee under this Lease Agreement, which shall continue in full force and effect except as hereinafter expressly provided. Lessee shall repair or cause to be repaired all damage to the Equipment. In the event that all or part of the Equipment shall, as a result of any cause whatsoever, become lost, stolen, destroyed or otherwise rendered irreparably unusable or damaged (collectively, the "Loss") then Lessee shall, within ten (10) days after the Loss, fully inform Lessor in writing of such a Loss and shall pay to Lessor the following amounts: (i) the Monthly Lease Charges (and other amounts) due and owing under this Lease Agreement at the time of the Loss (or Event of Default, as defined Pa g e 2 of6 DocuSign Envelope ID: 9B9CA4E8-043B-42DA-83AB-615BF2A47F71 hereinafter), plus (ii) the original cost of the Equipment subject to the Loss (or Event of Default, as defined hereinafter) multiplied by the "Percent of Original Cost." The Original Cost of a particular item of Equipment shall be Lessee's original purchase price of such item at the time of its purchase or payment to the applicable vendor by Lessor, plus additional or related charges such as taxes, delivery and freight, installation, maintenance, etc. The Percent of Original Cost shall be the Per Payment Factor multiplied by the number of lease payments Lessor has received from Lessee during the Initial Term subtracted from 112 and then divided by 100. The Per Payment Factor is the sum of 112 multiplied by 0.7 divided by the number of Monthly Lease Charges that are due during the Initial Term (collectively, the sum of (i) plus (ii) shall be the "Casualty Loss Value"). Upon receipt by Lessor of the Casualty Loss Value: (i) the applicable Equipment shall be removed from the Lease Schedule; and (ii) Lessee's obligation to pay Lease Charges associated with the applicable Equipment shall cease. Lessor may request, and Lessee shall complete, an affidavit(s), which swears out the facts supporting the Loss of any item of Equipment. 15. Insurance Until the Equipment is returned to Lessor or as otherwise herein provided, whether or not this Lease Agreement has terminated as to the Equipment, Lessee at its expense, shall maintain: (i) property and casualty insurance insuring the Equipment for its Casualty Loss Value naming Lessor and/or its assigns as sole loss payee; and (ii) comprehensive public liability and third-party property insurance naming Lessor and/or its assigns as additional insureds . The insurance shall cover the interest of both the Lessor and Lessee in the Equipment, or as the case may be, shall protect both the Lessor and Lessee in respect to all risks arising out of the condition, delivery, installation, maintenance, use or operation of the Equipment. All such insurance shall provide for thirty (30) days prior written notice to Lessor of cancellation, restriction, or reduction of coverage and shall have a clause specifying that no action or misrepresentation by Lessee shall invalidate such policy. Lessor shall be under no duty to ascertain the existence of or to examine any such policy or to advise Lessee in the event any such policy shall not comply with the requirements hereof. Lessee hereby irrevocably appoints Lessor as Lessee's attorney-in-fact to make claim for, receive payment of and execute and endorse all documents, checks or drafts for loss or damage or return premium under any insurance policy issued on the Equipment. Prior to installation of the Equipment, all policies or certificates of insurance shall be delivered to Lessor by Lessee. Lessee agrees to keep the Equipment insured with an insurance company which is at least "A" rated by A.M. Best and in such form, including a maximum deductible, as may be satisfactory to Lessor. The proceeds of any loss or damage insurance shall be payable to Lessor, but Lessor shall remit all such insurance proceeds to Lessee at such time as Lessee either (i) provides Lessor satisfactory proof that the damage has been repaired and the Equipment has been restored to good working order and condition or (ii) pays to Lessor the Casualty Loss Value. It is understood and agreed that any payments made by Lessee or its insurance carrier for loss or damage of any kind whatsoever to the Equipment are not made as accelerated rental payments or adjustments of rental, but are made solely as indemnity to Lessor for loss or damage of its Equipment. 16. Enforcement of Warranties Lessee, in its own name, shall, so long as this Lease Agreement is in force, enforce any manufacturer's Equipment warranty. 17. Warranties, Disclaimers and Indemnity Lessor warrants that at the time the Equipment is delivered to Lessee, Lessor will have full right, power and authority to lease the Equipment to Lessee. EXCEPT FOR THE WARRANTY IN THE SENTENCE DIRECTLY PRECEDING THIS ONE, LESSOR DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LESSEE ACKNOWLEDGES THAT IT IS NOT REL YING ON LESSOR'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE; THAT LESSOR HAS NOT SELECTED, MANUFACTURED, SOLD OR SUPPLIED ANY OF THE EQUIPMENT; THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES CONTAINED IN THIS LEASE AGREEMENT; AND THAT NEITHER LESSOR NOR SUPPLIER IS AN AGENT FOR THE OTHER AND LESSOR WILL NOT BE BOUND BY OR LIABLE FOR ANY REPRESENTATION, WARRANTY OR Lease Agreement 4 01 ME PROMISE MADE BY THE SUPPLIER. NO DEFECT, UNMERCHANTABILITY OR UNFITNESS OF THE EQUIPMENT SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR PERFORM OTHER OBLIGATIONS UNDER THIS LEASE. LESSEE REPRESENTS AND WARRANTS THAT IT IS NOT A FOREIGN "FINANCIAL INSTITUTION" OR ACTING ON BEHALF OF A FOREIGN "FINANCIAL INSTITUTION" AS THAT TERM IS DEFINED IN THE BANK SECRECY ACT, 31 U.S .C, 5318, AS AMENDED. LESSEE ACKNOWLEDGES THAT LESSOR, IN COMPLIANCE WITH SECTION 326 OF THE USA PATRIOT ACT, WILL BE VERIFYING CERTAIN INFORMATION ABOUT LESSEE . LESSEE FURTHER ACKNOWLEDGES AND AGREES THAT LESSOR AND ITS REPRESENTATIVES AND EMPLOYEES HAVE NOT MADE ANY STATEMENT, REPRESENTATION OR WARRANTY RELATIVE TO THE ACCOUNTING OR TAX ENTRIES, TREATMENT, BENEFIT, USE OR CLASSIFICATION OF THE LEASE AGREEMENT, OR ASSOCIATED LEASE SCHEDULES. LESSEE ACKNOWLEDGES THAT IT AND/OR ITS INDEPENDENT ACCOUNTANTS ARE SOLELY RESPONSIBLE FOR (I) ANY AND ALL OF LESSEE'S ACCOUNTING AND TAX ENTRIES ASSOCIATED WITH THE LEASE AGREEMENT AND/OR THE LEASE SCHEDULES AND (II) THE ACCOUNTING AND TAX TREATMENT, BENEFITS, USES AND CLASSIFICATION OF THE LEASE AGREEMENT OR ANY LEASE SCHEDULE. LESSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INFORMATION, INCLUDING BUT NOT LIMITED TO CONSUMER OR PATIENT INFORMATION, THAT IS AT ANY TIME ENTERED STORED, TRANSFERRED TO, CONTAINED OR RETAINED ON ANY EQUIPMENT, WHETHER OR NOT SUCH INFORMATION IS SUBJECT TO FEDERAL, STATE OR OTHER LAW, INCLUDING BY WAY OF EXAMPLE ONLY AND NOT OF LIMITATION, THE HEAL TH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 (HIPAA), FINANCIAL MODERNIZATION ACT (GRAMM-LEACH-BULEY ACT), ETC . LESSOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RELATIONSHIP BETWEEN THE LESSOR AND LESSEE, THIS LEASE AGREEMENT OR THE PERFORMANCE, POSSESSION, LEASE OR USE OF THE EQUIPMENT. THIS LEASE AGREEMENT IS A "FINANCE LEASE" AS THAT TERM IS DEFINED AND USED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE WILL BE CONFERRED ON LESSEE. Lessee agrees that Lessor shall not be liable to Lessee for, and Lessee shall indemnify, defend and hold Lessor harmless with respect to, any claim from a third party for any liability, claim, loss, damage, cost or expense of any kind or nature, whether based upon a theory of strict liability or otherwise, caused, directly or indirectly, by: (i) the inadequacy of any item of Equipment, including software, for any purpose; (ii) any deficiency or any latent or other defects in any Equipment, including software, whether or not detectable by Lessee; (iii) the selection, manufacture, purchase, acceptance, rejection, ownership, delivery, installation, lease, possession, maintenance, operation, use or performance of any item of Equipment, including software; (iv) any interruption or loss of service, use or performance of any item of Equipment, including software; (v) patent, trademark or copyright or other intellectual property infringement; (vi) any information whatsoever or the loss, release, unauthorized access, transfer, theft, use or misuse thereof, or (vii) any loss of business or other special, incidental or consequential damages whether or not resulting from any of the foregoing. Lessee's duty to defend and indemnify Lessor shall survive the expiration, termination, cancellation or assignment of this Lease Agreement or a Lease Schedule and shall be binding upon Lessee's successors and permitted assigns. 18. Event of Default The occurrence of any of the following events shall constitute an Event of Default under this Lease Agreement and/or any Lease Schedule: (1) the nonpayment by Lessee of any Lease Charges when due, or the nonpayment by Lessee of any other sum required hereunder to be paid by Lessee which non-payment continues for a period of ten (10) days from the date when due; (2) the failure of Lessee to perform any other term, covenant or condition of this Lease Agreement, any Lease Schedule or any other document, agreement or instrument executed pursuant hereto or in Page 3 of6 DocuSign Envelope ID: 989CA4E8-043B-42DA-83AB-615BF2A47F71 connection herewith which is not cured within ten (10) days after written notice thereof from Lessor; (3) Lessee attempts to or does remove, transfer, sell, swap, assign, sublease, trade, exchange, encumber, receive an allowance or credit for, or part with possession of, any item of Equipment; (4) Lessee ceases doing business as a going concern, is insolvent, makes an assignment for the benefit of creditors, fails to pay its debts as they become due, offers a settlement to creditors or calls a meeting of creditors for any such purposes, files a voluntary petition in bankruptcy, is subject to an involuntary petition in bankruptcy, is adjudicated bankrupt or insolvent, files or has filed against it a petition seeking any reorganization, arrangement or composition, under any present or future statute, law or regulation; (5) any of Lessee's representations or warranties made herein or in any oral or written statement or certificate at any time given in writing pursuant hereto or in connection herewith shall be false or misleading in any material respect; (6) Lessee defaults under or otherwise has accelerated any material obligation, credit agreement, loan agreement, conditional sales contract, lease, indenture or debentures; or Lessee defaults under any other agreement now existing or hereafter made with Lessor; (7) the breach or repudiation by any party thereto of any guaranty, subordination agreement or other agreement running in favor of Lessor obtained in connection with this Lease Agreement; or (8) Lessee (i) enters into any merger or consolidation with, or sells or transfers all or any substantial portion of its assets to, or enters into any partnership or joint venture other than in the ordinary course of business with, any entity, (ii) dissolves, liquidates or ceases or suspends the conduct of business, or ceases to maintain its existence, (iii) if Lessee is a privately held entity, enters into or suffers any transaction or series of transactions as a result of which Lessee is directly or indirectly controlled by persons or entities not directly or indirectly controlling Lessee as of the date hereof, or (iv) if Lessee is a publicly held entity, there shall be a change in the ownership of Lessee's stock or other equivalent ownership interest such that Lessee is no longer subject to the reporting requirements of, or no longer has a class of equity securities registered under, the Securities Act of 1933 or the Securities Exchange Act of 1934. 19. Remedies Should any Event of Default occur, Lessor may, in order to protect its interests and reasonably expected profits, with or without notice or demand upon Lessee, retain any and all security deposits and pursue and enforce, alternatively, successively and/or concurrently, any one or more of the following remedies: (1) recover from Lessee all accrued and unpaid Lease Charges and other amounts due and owing on the date of the default; (2) recover from Lessee from time to time all Lease Charges and other amounts as and when becoming due hereunder; (3) accelerate, cause to become immediately due and recover the present value of all Lease Charges and other amounts due and/or likely to become due hereunder from the date of the default to the end of the lease term using a discount rate of two percent (2%); (4) cause to become immediately due and payable and recover from Lessee the Casualty Loss Value of the Equipment, which Lessee agrees is not a penalty but rather the fair measure of Lessor's loss in or damage to Lessor's interests in the Equipment and Lease caused by Lessee's default hereunder; (5) terminate any or all of the Lessee's rights, but not its obligations, associated with the lease of the Equipment under this Lease Agreement; (6) retake (by Lessor, independent contractor, or by requiring Lessee to assemble and surrender the Equipment in accordance with the provisions of Section 9 hereinabove) possession of the Equipment without terminating the Lease Schedule or the Lease Agreement free from claims by Lessee which claims are hereby expressly waived by Lessee; (7) require Lessee to deliver the Equipment to a location designated by Lessor; (8) proceed by court action to enforce performance by Lessee of its obligations associated with any Lease Schedule and/or this Lease Agreement; and/or (9) pursue any other remedy Lessor may otherwise have, at law, equity or under any statute and recover damages and expenses Lease Agreement 4 01 ME (including attorneys' fees) incurred by Lessor by reason of the Event of Default. Upon repossession of the Equipment, Lessor shall have the right to lease, sell or otherwise dispose of such Equipment in a commercially reasonable manner, with or without notice, at a public or private sale . Lessor's pursuit and enforcement of any one or more remedies shall not be deemed an election or waiver by Lessor of any other remedy. Lessor shall not be obligated to sell or re-lease the Equipment. Any sale or re-lease, may be held at such place or places as are selected by Lessor, with or without having the Equipment present. Any such sale or re-lease may be at wholesale or retail, in bulk or in parcels. Time and exactitude of each of the terms and conditions of this Lease Agreement are hereby declared to be of the essence. Lessor may accept past due payments in any amount without modifying the terms of this Lease Agreement and without waiving any rights of Lessor hereunder. 20 . Costs and Attorneys' Fees In the event of any default, claim, proceeding, including a bankruptcy proceeding, arbitration, mediation, counter-claim, action (whether legal or equitable), appeal or otherwise, whether initiated by Lessor or Lessee (or a debtor-in-possession or bankruptcy trustee), which arises out of, under, or is related in any way to this Lease Agreement, any Lease Schedule, or any other document, agreement or instrument executed pursuant thereto or in connection therewith, or any governmental examination or investigation of Lessee, which requires Lessor's participation (individually and collectively, the "Claim"), Lessee, in addition to all other sums which Lessee may be called upon to pay under the provisions of this Lease Agreement, shall pay to Lessor, on demand, all costs, expenses and fees paid or payable in connection with the Claim, including, but not limited to, attorneys' fees and out-of-pocket costs, including travel and related expenses incurred by Lessor or its attorneys . 21. Lessor's Performance Option Should Lessee fail to make any payment or to do any act as provided by this Lease Agreement, then Lessor shall have the right (but not the obligation), without notice to Lessee of its intention to do so and without releasing Lessee from any obligation hereunder to make or to do the same, to make advances to preserve the Equipment or Lessor's title thereto, and to pay, purchase, contest or compromise any insurance premium, encumbrance, charge, tax, lien or other sum which in the judgment of Lessor appears to affect the Equipment, and in exercising any such rights, Lessor may incur any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor . All sums so incurred or expended by Lessor shall be due and payable by Lessee within ten (10) days of notice thereof. 22. Quiet Possession and Inspection Lessor hereby covenants with Lessee that Lessee shall quietly possess the Equipment subject to and in accordance with the provisions hereof so long as Lessee is not in default hereunder; provided, however, that Lessor or its designated agent may, at any and all reasonable times during business hours, enter Lessee's premises for the purposes of inspecting the Equipment and the manner in which it is being used. 23. Assignments This Lease Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Lessee, however, shall not assign, transfer, pledge, mortgage, hypothecate or otherwise dispose of this Lease Agreement, the Lease Schedule(s), the Equipment, or any interest therein or sublet any of the Equipment without first obtaining the prior written consent of Lessor and its assigns, if any. Lessee acknowledges that the terms and conditions of this Lease Agreement have been fixed in anticipation of the possible assignment of Lessor's rights under this Lease Agreement and in and to the Equipment as collateral security to a third party ("Assignee") which will rely upon and be entitled to the benefit of the provisions of this Lease Agreement. Lessee agrees to provide Lessor or its assigns with Lessee's most recent audited and its most current financial statements. Lessee agrees with Lessor and such Assignee to recognize in writing any such assignment within fifteen (15) days after receipt of written notice thereof and to pay thereafter all sums due to Lessor hereunder directly to such Assignee if directed by Lessor, notwithstanding any defense, set-off or counterclaim whatsoever (whether arising from a breach of this Lease Agreement or not) that Lessee may from time to Page 4 of6 DocuSign Envelope ID: 9B9CA4E8-043B-42DA-83AB-615BF2A47F71 time have against Lessor. Upon such assignment, the Lessor shall remain obligated to perform any obligations it may have under this Lease Agreement and the Assignee shall (unless otherwise expressly agreed to in writing by the Assignee) have no obligation to perform such obligations. Any such assignment shall be subject to Lessee's rights to use and possess the Equipment so long as Lessee is not in default hereunder. 24 . Survival of Obligations All covenants, agreements, representations, and warranties contained in this Lease Agreement, any Lease Schedule, or in any document attached thereto, shall be for the benefit of Lessor and Lessee and their respective successors, any assignee or secured party. Further, all covenants, agreements, representations, and warranties contained in this Lease Agreement, any Lease Schedule, or in any document attached thereto, shall survive the execution and delivery of this Lease Agreement and the expiration or other termination of this Lease Agreement. 25. Corporate Authority The parties hereto covenant and warrant that the persons executing this Lease Agreement and each Lease Schedule on their behalf have been duly authorized to do so, and this Lease Agreement and any Lease Schedule constitute a valid and binding obligation of the parties hereto. The Lessee will, if requested by Lessor, provide to Lessor, Certificates of Authority naming the officers of the Lessee who have the authority to execute this Lease Agreement and any Lease Schedules attached thereto. 26 . Landlords' and Mortgagees' Waiver If requested, Lessee shall furnish waivers, in form and substance satisfactory to Lessor, from all landlords and mortgagees of any premises upon which any Equipment is located . 27 . Miscellaneous This Lease Agreement, the Lease Schedule(s), attached riders and any documents or instruments issued or executed pursuant hereto will have been made, executed and delivered in and shall be governed by the internal laws (as opposed to conflicts of law provisions) and decisions of the State of Minnesota. Lessee and Lessor consent to jurisdiction of any local, state or federal court located within Minnesota. Venue shall be in Minnesota and Lessee hereby waives local venue and any objection relating to Minnesota being an improper venue to conduct any proceeding relating to this Lease Agreement. This Lease Agreement was jointly drafted by the parties, and the parties hereby agree that neither should be favored in the construction, interpretation or application of any provision or any ambiguity . There are no unwritten or oral agreements between the parties. This Lease Agreement and associated Lease Schedule(s) constitute the entire understanding and agreement between Lessor and Lessee with respect to the lease of the Equipment, superseding all prior understandings, agreements, negotiations, discussions, proposals, representations, promises, commitments and offers between the parties, whether oral or written. This Lease Agreement and associated Lease Schedule(s) constitute a single unitary agreement. No provision of this Lease Agreement or any Lease Schedule shall be deemed waived, amended, discharged or modified orally or by custom, usage or course of conduct unless such waiver, amendment or modification is in writing and signed by an officer of each of the parties hereto. If any one or more of the provisions of this Lease Agreement or any Lease Schedule is for any reason held invalid, illegal or unenforceable, the remaining provisions of this Lease Agreement and any such Lease Schedule will be unimpaired, and the invalid, illegal or unenforceable provisions shall be replaced by a mutually acceptable valid, legal and enforceable provision that is closest to the original intention of the parties. Lessee agrees that neither the manufacturer, nor the supplier, nor any of their salespersons, employees or agents are agents of Lessor. Any notice provided for herein shall be in writing and sent by certified or registered mail to the parties at the addresses stated on page 1 of this Lease Agreement. The Monthly Lease Charge is intended to be fixed from the Commencement Date to the end of the term. The three-year treasury rate is an integral part of the lease rate. Lessee and Lessor agree that the lease rate shall also be fixed during the Installation Period but should the three-year treasury rate change during such Installation Period, the Lease Agreement 4 01 ME lease rate may be adjusted by the Lessor on or prior to the Commencement Date. If, as part of a budget approved for Lessee for a fiscal year, sufficient funds are not appropriated to make payments required under a Lease Schedule, such Lease Schedule shall terminate as of the end of the last fiscal year for which funds have been appropriated provided that (1) Lessee does not acquire any substitute equipment which is functionally similar to the Equipment; (2) Lessee's operating funds are not otherwise available to Lessee to pay the Lease Charges; (3) there is no other legal procedure or available funds by or with which payment can be made to Lessor; and (4) the non-appropriation of funds did not result from any act or omission by Lessee. Lessee shall have the right to return the Equipment to Lessor as allowed hereunder and terminate by written notice to Lessor not less than ninety (90) days prior to the end of Lessee's fiscal year. Upon such termination, Lessee shall not thereafter acquire, lease or finance functionally similar equipment for a period of twelve (12) months . In the event subsequent to such termination funds are made available to Lessee for equipment which is functionally similar to the Equipment, Lessee agrees, at Lessor's option, to purchase, lease and I or otherwise acquire such equipment from Lessor. Lessee represents and warrants that it has appropriated and budgeted the necessary funds to pay all amounts due under a Lease Schedule for the remainder of the fiscal year in which the term for the applicable Lease Schedule commences. For each Lease Schedule created hereunder, Lessee shall provide Lessor with an opinion of counsel and other documentation as required by Lessor . This Lease Agreement shall not become effective until delivered to Lessor at its offices at Excelsior, Minnesota and executed by Lessor. If this Lease Agreement shall be executed by Lessor prior to being executed by Lessee, it shall become void at Lessor's option five (5) days after the date of Lessor's execution hereof, unless Lessor shall have received by such date a copy hereof executed by a duly authorized representative of Lessee. This Lease Agreement is made subject to the terms and conditions included herein and Lessee's acceptance is effective only to the extent that such terms and conditions are consistent with the terms and conditions herein. Any acceptance that contains terms and conditions that are in addition to or inconsistent with the terms and conditions herein will be a counter-offer and will not be binding unless agreed to in writing by Lessor. If contrary to the parties' intentions a court of competent jurisdiction determines that this Lease is not a true "lease" under the UCC or other applicable law but rather another form of indebtedness secured by the Equipment, then Lessee shall be deemed to have granted and hereby grants to Lessor, a first priority security interest in: (1) the Equipment and all additions, attachments, accessories and accessions thereto; (2) all subleases, chattel paper, accounts, security deposits, and general intangibles relating thereto, and any and all substitutions, replacements or exchanges for any such item of Equipment, in each such case in which Lessee shall from time to time acquire an interest; and (3) any and all insurance and/or other proceeds of the property and other collateral in and against which a security interest is granted hereunder . Lessee hereby authorizes Lessor to file financing statements and/or any other appropriate document of public record in the applicable jurisdictions in order to perfect the security interest granted hereunder (for precautionary purposes only). Upon a default by Lessee under this Lease, in addition to all other remedies set forth herein, Lessor shall be entitled to exercise all other rights and remedies available to a secured party. The terms used in this Lease Agreement, unless otherwise defined, shall have the meanings ascribed to them in the Lease Schedule(s). 28. REPOSSESSION AND JURY TRIAL WAIVER LESSEE ACKNOWLEDGES THAT, PURSUANT TO SECTION 19 HEREOF, LESSOR HAS BEEN GIVEN THE RIGHT TO REPOSSESS THE EQUIPMENT SHOULD LESSEE BECOME IN DEFAULT OF ITS OBLIGATIONS HEREUNDER. LESSEE HEREBY WAIVES THE RIGHT, IF ANY, TO REQUIRE LESSOR TO GIVE LESSEE NOTICE AND A JUDICIAL HEARING PRIOR TO EXERCISING SUCH RIGHT OF REPOSSESSION. LESSEE HEREBY IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION BY OR AGAINST LESSOR IN CONNECTION WITH THIS LEASE AGREEMENT . 29 . Net Lease Page 5 of6 DocuSign Envelope ID: 989CA4E8-0438-42DA-83AB-6158F2A47F71 This Lease Agreement is a net lease and Lessee's obligations to pay all Lease Charges and other amounts payable hereunder shall be absolute and unconditional and, except as expressly provided herein, shall not be subject to any: (i) delay, abatement, reduction, defense, counterclaim, set-off or recoupment; (ii) discontinuance or termination of any license; (iii) Equipment failure, defect or deficiency; (iv) damage to or destruction of the Equipment; or (v) dissatisfaction with the Equipment or otherwise, including any present or future claim against Lessor or the manufacturer, supplier, reseller or vendor of the Equipment. To the extent that the Equipment includes intangible (or intellectual) property, Lessee understands and agrees that: (i) Lessor is not a party to and does not have any responsibility under any software license and/or other agreement with respect to any software; and (ii) Lessee will be responsible to pay all of the Lease Charges and perform all its other obligations under this Lease Agreement despite any defect, deficiency, failure, termination, dissatisfaction, damage or destruction of any software or software license. Further, Lessee agrees that it has an unconditional, irrevocable and absolute obligation to pay all Lease Charges and other amounts payable hereunder to the Lessor although (i) the Lessor does not hold title to any Software (or intellectual or intangible property), (ii) Lessor is not a party to any Software license (or intellectual or intangible property license) that is listed among the Equipment on any Lease Schedule and (iii) any license to Software is exclusively between the licensor of the Software ("Licensor") and the Lessee. Except as expressly provided herein, this Lease Agreement shall not terminate for any reason, including any defect in the Equipment or Lessor's title thereto or any destruction or loss of use of any item of Equipment. 30. Headings Section headings herein are used for convenience only and shall not otherwise affect the provisions of this Lease Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be signed by their respective duly authorized representative. Every Term is Agreed to and Accepted: VANTAGE FINANCIAL, LLC "LESSOR" By: Print Name: Title: Date: Lease Agreement 401 ME Every Term is Agreed to and Accepted: CITY OF STILLWATER "LESSEE" By: Print Name: Ted Kozlowski Title: Date: Federal Tax ID No .: Page 6 of6 DocuSign Envelope ID : 989CA4E8-0438-42DA-83A8-6158F2A47F71 @, Vantage Financial \~ • A PEOPLES BANK'COMPANY LEASE SCHEDULE 001 This Lease Schedule is issued pursuant to the Lease Agreement No. CIT090222 dated September 2, 2022. The terms and conditions of the Lease Agreement and the terms and conditions of Certificates of Acceptance executed pursuant to Lease Schedule 001, including Installation Dates and descriptions and serial numbers of Equipment contained therein , are a part hereof and incorporated by reference herein. LESSOR: Vantage Financial, LLC 444 Second Street Excelsior, MN 55331 SUPPLIER OF EQUIPMENT: TBD Term of Lease from Commencement Date: 60 months Monthly Lease Charge: $1,292 .00 LESSEE: City of Stillwater 216 North Fourth Street Stillwater, MN 55082-4807 LOCATION OF INSTALLATION: Same as Above Security Deposit: Lessee shall deliver a security deposit in the amount of $1 ,292.00 . If no Event of Default has occurred , this security deposit may be applied toward the total amounts due pursuant to the applicable Lease Schedule . EQUIPMENT: LPR Security Solution, etc . to be fully described at a later date . Lessee understands that Lessor's commitment to lease Equipment under this Lease Schedule 001 is contingent upon continuing credit approval by Lessor's credit committee and such credit approval shall be at Lessor's sole discretion . Lessee confirms that the Equipment listed on this Lease Schedule is business essential as part of the operation of Lessee . The Monthly Lease Charge will be prorated and charged as interim rent between the date an item of Equipment is accepted and the Commencement Date . Every Term is Agreed to and Accepted : VANTAGE FINANCIAL, LLC • LESSOR· By : Print Name: Title : Date : v.NAT Every Term is Agreed to and Accepted: CITY OF STILLWATER • LESSEE• By : Print Name: Ted Kozlowski Title : Date : Lease Schedule 001 Page 1 DocuSign Envelope ID: 989CA4E8-043B-42DA-83AB-615BF2A47F71 Certificate of Incumbency I,----------------------hereby certify to Vantage Financial, LLC ("Vantage") that I am (insert name of secretary/officer, NOT signer of docs) the ------,----.,--=--=-=-----,------ (insert title of secretarylofficer, NOT signer of docs) of City of Stillwater, a Minnesota Municipal Entity (whether designated a corporation, limited liability company, limited liability partnership, limited partnership , partnership , municipal entity, government entity or otherwise , the "Lessee"), and that, in such capacity , I am authorized to execute this Certificate of Incumbency ("Certificate") on behalf of the Lessee . I further certify that any one of the following representative(s) of the Lessee : Name (insert name of signer of lease docs) Title (insert title of signer of lease docs) Signature Ted Kozlowski (each an "Authorized Person") is/are authorized by the Lessee to transact any business with Vantage as such Authorized Person(s) believe(s) to be advisable, including without limitation : (a) To lease, rent, or purchase Equipment, to borrow money from Vantage from time to time on tem,s, with or without security, as such Authorized Person believes to be proper; (b) To sign and deliver to Vantage from time to time leases, rental agreements, Lease Agreements, including all Lease Schedules to such agreements, notes or loan agreements and amendments to such documents , and any and all other transaction documents necessary and incidental thereto, on the tem,s as such Authorized person believes to be proper; (c) To pledge or create any lien or security interest upon or with respect to any real or personal property assets, to sign and deliver to Vantage, as security for any lease or credit and for all present or future obligations to Vantage, all documents the Authorized Person believes proper, and to perform such acts required to create and perfect such security interests; and (d) To execute and deliver guaranties to Vantage . Vantage or any lessor, seller or lender to whom this Certificate is delivered may rely on this Certificate until Vantage receives written notice that any such person listed above is no longer an Authorized Person. The authority hereby granted applies to successors of the positions set forth above. The execution of any of the above described documents by any one of the Authorized Persons may be relied upon as conclusive evidence of approval by the Lessee. Lessee agrees that Vantage may accept an electronic transmission of this Certificate as an original, and that electronically transmitted copies of any and all signatures herein will be treated as an original for all purposes. IN WITNESS WHEREOF, the undersigned has executed this Certificate this ____ day of ________ , 20 __ . Signature: (insert signature, name and title of secretary/officer, NOT signer of docs) Printed Name: Title: DocuSign Envelope ID: 9B9CA4E8-043B-42DA-83AB-615BF2A47F71 [Date] Vantage Financial, LLC 444 Second Street Excelsior, MN 55331 FORM OF OPINION OF COUNSEL [To Be Provided on Lessee's Attorney's Letterhead Stationery] Re: Lessee: City of Stillwater Lessor: Vantage Financial, LLC Lease Schedule No. 001 and its revisions together with its Lease Agreement No . CIT090222 dated September 2, 2022 by and between the above-named Lessee and the above-named Lessor Sir/Madam: We have acted as counsel to Lessee with respect to the Lease Schedule and its Addenda, the Lease Agreement and its Addenda (collectively, the "Equipment Lease"), and all other agreements described above or related thereto (collectively, the "Agreements") and various related matters, and in this capacity have reviewed a duplicate original or certified copy of the Agreements, the certified proceedings of the Lessee with respect to the matter and such other documents as we have deemed necessary for the purposes of this opinion. Based upon the examination of such documents, it is our opinion that: 1. Lessee is a political subdivision of the State of Minnesota (the "State") duly organized, existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has power under State law to enter into all of the Agreements, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Agreements have been duly authorized, approved, executed and delivered by and on behalf of Lessee, and each of the Agreements is a valid and binding contract of Lessee enforceable in accordance with its terms, except to the extent limited by State and Federal laws affecting creditor's remedies generally and by bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization, approval and execution of the Agreements and all other proceedings of Lessee and its governing body relating to the transactions contemplated thereby (including the acquisition of the equipment subject to the Agreements) have been performed in accordance with all applicable local, state and federal laws (including open meeting laws and public bidding and property acquisition laws). 5. Lessee has obtained all consents and approvals of other governmental authorities or agencies which may be required for the execution, delivery and performance by Lessee of the Agreements. DocuSign Envelope ID: 989CA4E8-043B-42DA-83AB-615BF2A47F71 6 . To the best of our knowledge, based on such inquiry and investigation as we have deemed sufficient, there is no litigation or proceeding pending before any court, administrative agency or governmental body, that challenges: the organization or existence of Lessee; the authority of its officers; the proper authorization, approval and execution of any of the Agreements or any documents relating thereto; the appropriation of monies to make payments under the Agreements for the current fiscal year; the ability of Lessee otherwise to perform its obligations under the Agreements and the transactions contemplated thereby; or the provisions in the Agreements made for the payment of or security for the Agreements. 7 . Lessee is a pol it i cal subdivision of the State as referred to in Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and ruling thereunder 8. The Equipment Lease complies with Section ____ of the ______ General Municipal Law and other applicable State laws. Lessor, its Assignee as set forth in the Agreements and any of their respective successors and assigns may rely upon this opinion . Very truly yours, [Attorney] Certificate Of Completion Envelope Id: 9B9CA4E8043B42DA83AB615BF2A47F71 Subject: Please DocuSign: City of Stillwater, MN -Lease Schedule 001 Doc Pkg .pdf Source Envelope: Document Pages: 11 Certificate Pages: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Signatures: 0 Initials: O Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 9/2/2022 10:33:01 AM Signer Events Ted Kozlowski tkozlowski@ci.stillwater.mn.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Beth Wolf bwolf@ci.stillwater.mn .us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign William Foudray wfoudray@vantagefncl.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Payment Events Holder: Frank Thomas fthomas@vantagefncl.com Signature Signature Status Status Status Status Status Signature Signature Status Hashed/Encrypted Status Status: Sent Envelope Originator: Frank Thomas 444 Second Street Excelsior, MN 55441 fthomas@vantagefncl.com IP Address: 73.228.202.73 Location: DocuSign Timestamp Docu Sign Sent: 9/2/2022 10:45:10 AM Viewed: 9/2/2022 12:35:43 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 9/2/2022 10:45:10 AM Timestamps DATE: September 20, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Site Improvement Agreement for 2001 Washington Ave (Caribou Coffee Drive Through) BACKGROUND On July 26, 2022, the City Council approved a Preliminary Plat to facilitate an infill development parcel for a Caribou Coffee Drive Through Building. The final step in the process is to approve a Final Plat that formally subdivides the lot. Said Final Plat needs to be reviewed by the Planning Commission prior to final approval by the City Council, per Stillwater City Code. The project has several weeks/a couple of months of site work to complete before winter conditions occur. The project is concerned about t he available timing to pave the parking lot before asphalt plants close in November. In an effort to assist the project stay on track and not be delayed until next Spring, Staff has proposed a Site Improvement Agreement that allows the site work (minus the building) to commence prior to Final Plat Approval. All Final Plat requirements must be completed before a Building Permit for the building itself is issued. This is a common practice in many communities, especially in cold weather climates. ACTION REQUESTED Motion to approve the Site Improvement Agreement for 2001 Washington Ave. 1 SITE IMPROVEMENT AGREEMENT FOR CARIBOU CABIN, WASHINGTON COUNTY, MINNESOTA THIS SITE IMPROVEMENT AGREEMENT (“Agreement”) is made this ____ day of _________________, 2022, by and between the City of Stillwater, a Minnesota municipal corporation (“City”), and Mikden of Stillwater LLC, a Minnesota limited liability company (“Developer”), (collectively the “Parties”). RECITALS WHEREAS, Developer previously received Preliminary Plat approval for Caribou Cabin on July 26, 2022; and WHEREAS, Developer submitted an application for Final Plat for a commercial building (“Plat”) on property legally described on Exhibit A, attached hereto and incorporated herein (“Property”); and WHEREAS, Developer has asked the City for permission to begin removal of existing asphalt, installation of utilities, curb and gutter and repaving of certain areas at the Property (“Site Improvements”) prior to Final Plat approval; and WHEREAS, the City is willing to grant permits for Site Improvements on the Property, subject to the terms and conditions contained herein. NOW THEREFORE, for good and valuable consideration, which is hereby acknowledged, the Parties agree as follows: 1. CONDITIONAL SITE IMPROVEMENT APPROVAL. The City hereby permits the Site Improvements on the Property subject to the terms and conditions in this Agreement for the Property The Developer acknowledges that at this time, there remain many submissions, review and approval requirements that must be successfully completed, including but not limited to the satisfaction of all conditions of Preliminary Plat approval before the City will be in a position to consider and potentially approve the Developer’s application for Final 2 Plat. There is a risk that the City will not approve the Final Plat, either in its current proposed form or in its entirety, and in that event, the Developer will have expended considerable funds to complete the Site Improvements and other work allowed under this Agreement without the ability to proceed with development of the Property, either in its current proposed layout or in its entirety. These circumstances may potentially require the Developer to re-grade portions or all of the Property to satisfy conditions of Final Plat approval or any other development project on the Property. Nothing in this Agreement, or the fact that the City is willing to enter into this Agreement, shall be construed or deemed to imply or obligate the City to approve the Developer’s application for Final Plat approval, and the Developer acknowledges that it is not acting in reliance upon any assurances or promises that the City will approve the Final Plat in whole or in part. 2. DEVELOPMENT LIMITATIONS. Approval to initiate Site Improvements is only valid for the work covered by this Agreement and within the construction limits identified in the plans submitted to and approved by the City Engineer (the “Plans”). The City may refuse to approve Final Plat of the current phase, or of subsequent phases, if the Developer has breached any of its obligations under this Agreement and the breach has not been remedied to the reasonable satisfaction of the City. Absolutely no further infrastructure construction, including installation of utilities, shall take place unless and until Final Plat approval is granted by the City and all conditions of Preliminary Plat and Final Plat approval are satisfied, including but not limited to the execution, delivery and recording of the Development Agreement and a Stormwater Maintenance Agreement, if one is required, submission of all required sureties, final approval of all infrastructure construction plans by the City Engineer. 3. GRADING AND EROSION CONTROL PLANS. The Property shall be developed and graded in accordance with the approved Plans, and at the Developer’s sole risk and expense. If the Plans vary from the written terms of this Agreement, the written terms of this Agreement shall control. All grading shall be completed prior to the preparation and submittal of the as-constructed Plans. Within thirty (30) days after completion of the grading, the Developer shall provide the City with a “record” grading plan certified by a registered land surveyor or engineer licensed by the State of Minnesota depicting the locations of all ponds, swales, and ditches. The “record” plan shall contain site grades and field verified elevations of the following: (1) cross sections of ponds; and (2) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations, and dimensions of borrow areas/stockpiles. The Developer acknowledges that the City will not issue any building permits unless and until Final Plat approval is granted and all conditions of Preliminary and Final Plat approval are deemed satisfied and approved in writing by the City, and all necessary infrastructure has been completed and in a state of City acceptance to support the development. 4. IMPROVEMENTS. The Site Improvements shall be undertaken and the storm water improvements shall be installed in accordance with the City’s ordinances and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent professional engineer licensed by the State of Minnesota 3 to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. Specifically, the Developer shall ensure its geotechnical engineers will be onsite to: (1) confirm soil stability assumptions at the bottom of all road subcuts; (2) confirm bottom of basin assumptions for infiltration; (3) confirm and test liner specifications; and (4) test for compaction and suitable material to be used for fill areas. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or Developer’s engineer shall schedule a preconstruction meeting, as described in more detail above to review the program for the construction work No grading work may commence until all site sediment and erosion control measures are in place per the SWPPP documented in the Grading Plans. The City must be contacted for an inspection 48 hours in advance and must provide written acknowledgement that the site is compliant before any construction activity occurs. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer shall not do any work or furnish any materials not covered by the Plans and specifications and special conditions of this Agreement unless the design deviation for such work is first prepared by the Developer’s engineer and approved in writing by the City Engineer. 5. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION ESCROW. The Developer shall submit an escrow for grading administration and construction observation in the amount of Ten Thousand and no/100 Dollars ($10,000.00) which shall be in addition to the other financial security provided under this Agreement described in Section 18 below. The City shall draw down the escrow for the administration and construction observation costs. When the balance is reduced to $2,000, the Developer shall replenish the escrow to its full amount. Grading administration will include staff or consultant time for monitoring of construction progress and construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for testing, project monitoring, and processing of requests for reduction in security. Construction observation may be performed by the City staff or a consulting engineer. Construction observation will be provided at the discretion of the City. The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer-required management of the development. Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the work. City shall inspect all Developer-installed improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City’s 4 governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created. 6. MAINTENANCE OF STORM WATER FACILITIES. The Parties contemplate the Developer will submit all additional information necessary for consideration of its pending application for Final Plat approval. One of the conditions for Final Plat approval may be to require the Developer to enter into a Stormwater Maintenance Agreement that will provide for perpetual inspection, operation and maintenance by the Developer or a homeowner’s association of all stormwater facilities constructed on the Property. Notwithstanding those requirements, the Developer shall be obligated to provide for the inspection, operation and maintenance of all stormwater and facilities constructed on the Property, whether permanent or temporary in nature, until such time as the permanent obligations for inspection, operation and maintenance of stormwater and facilities constructed on the Property may be memorialized in a Stormwater Maintenance Agreement. 7. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits to complete the work covered by this Agreement, including but not limited to a NPDES Construction Storm Water Permit from the MPCA which must be obtained, and written documentation presented to the City Engineer before commencement of any grading. 8. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with plat development and including but not limited to maintenance or repairs of stormwater and facilities required under this Agreement if the Developer fails to undertake those maintenance and repairs in a timely manner. 9. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to supervise and coordinate all construction activities and must notify the City in writing stating when the work is ready for the inspection. 10. EROSION CONTROL. Prior to initiating Site Improvements, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications, the City’s ordinances, with all watershed district permits and with Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The Parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. 11. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Property, including but not 5 limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at the time, must be fully paid prior to execution and release of the Final Plat for recording. B. The Developer shall hold the City and its public officials, officers, employees, contractors and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the development. The Developer shall indemnify the City and its public officials, officers, employees, contractors and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys’ fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys’ fees. D. If the escrow amount is insufficient to cover the City’s costs, the Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the Stillwater adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed. 12. INSURANCE. Before Developer begins any Site Improvements, Developer shall provide City with proof of liability insurance having policy limits of at least two million dollars ($2,000,000). The City shall be named as an additional insured on all liability insurance policies used to satisfy the requirements of this paragraph. 13. MISCELLANEOUS. A. The Developer may not assign this Agreement without the written permission of the City Council, such consent to be granted or withheld in the sole discretion of the City. The Developer’s obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any part of it. B. Any retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Third Parties shall have no recourse against the City under this Agreement. 6 D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the Parties and approved by written resolution of the City Council. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. This Agreement shall run with the land and may be recorded against the Property. 14. EVENTS OF DEFAULT. The following shall be “Events of Default” under this Agreement and the term “Event of Default” shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by Developer to commence and complete construction of the work pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developer to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. 15. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third Parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer, or immediately draw on the escrow, as set forth in this Agreement. 16. NOTICE. Notice shall mean notices given by one party to the other if in writing and if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a sealed envelope, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows: If to Developer: Mikden of Stillwater LLC 434 Hale Avenue North, Suite 160 Oakdale, MN 55128 7 If to City: Stillwater City Hall Attn: City Administrator 216 Fourth Street N. Stillwater, MN 55082 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page was intentionally left blank.] 8 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: ____________________________ Ted Kozlowski, Mayor By: ____________________________ Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this ___ day of ______________________, 2022, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. ________________________________________ Notary Public 9 DEVELOPER: ________________________ By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) On this _____ day of ________________________, 2022, before me a Notary Public within and for said County, personally appeared , to me personally known, who being by me duly sworn, did say that he is the of , a , the entity named in the foregoing instrument, and that said instrument was signed on behalf of said entity by authority of its and said acknowledged said instrument to be the free act and deed of the entity. _______________________________________ Notary Public THIS INSTRUMENT DRAFTED BY AND RETURN TO: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Dr. Suite 300 Eagan, MN 55121 A-1 EXHIBIT A LEGAL DESCRIPTION To be platted as Lots 1, 2, and Outlot A, Block 1, MJG Addition, Washington County, Minnesota. Abstract Property DATE: September 13, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Valley Chamber Chorale Temporary Liquor License BACKGROUND Valley Chamber Chorale has submitted an application for a Temporary On-Sale Liquor License to be used during the Christmas at the Courthouse event on December 2nd through 4th, 2022. This event is held on private property at the Washington County Historic Courthouse at 423 5th Street S. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a 1-4 day Temporary On-Sale Liquor License to Valley Chamber Chorale for December 2nd through 4th, 2022 contingent upon AGED approval. DATE: September 20, 2022 TO: Honorable Mayor and City Councilmembers FROM: Yasmine Robinson, Planning Manager SUBJECT: Case No. 2022-58, Official Zoning Map Amendment (Second Reading), Neighborhood Commercial District BACKGROUND On September 6, 2022, the City Council approved the First Reading of this Ordinance and is now eligible for a Second Reading/Adoption. Between the First and Seconds Readings, updates were made to the ordinance associated with Case No. 22-58 to reflect recommendations made by the Planning Commission. During the development of the 2040 Comprehensive Plan, changes to the commercial land use categories in general were made to both clarify and better-reflect the community’s desire to preserve the unique neighborhood commercial uses of the historic areas of Stillwater. In 2021, a Zoning Text Amendment (Case No. 2021-30) was approved (Ordinance 1172), that added the Neighborhood Commercial section (31-324.2) to the zoning code. The intent of the Neighborhood Commercial District is to better preserve the existing smaller commercial uses in neighborhood areas that are not associated with Downtown or the Highway 36 Commercial Corridor. There is no new development proposed associated with this Zoning Map Amendment. A copy of the newly created Neighborhood Conservation District is attached hereto. Allowable Uses can be found in City Code Section 31-325 (Non-Residential Allowable Uses). As part of the Public Hearing, at least one (1) Property Owner noted a potential error in a parcel to be included in the new district. Prior to the Public Hearing, Staff will verify that all appropriate parcels are included in the Zoning Amendment. Attache d to this case is a copy of the Future Land Use Map from the Comprehensive Plan (see Neighborhood Commercial category for impacted parcels). Staff will develop an additional map that better highlights only the Neighborhood Commercial District. RECOMMENDATION The Planning Commission recommended approval of the Zoning Map Amendment, provided that the Liberty Village and Fourth Street Parcels are removed. ACTION REQUESTED Motion to approve the First Reading of the Zoning Map Amendment. Neighborhood CommercialDistrict NeighborhoodCommercial 410 0 410 820205 Feet µ File Location - S:\Planning\GIS\zoning\2022CTNENAMULBERRY STCARNELIAN STDRIVEST L N . Q U A R R Y WAYSTERLING th3rd5thN. 1st2ndNSOWEN.R . CI ERHCS FI ARTMKINSWIL ILLIAMWE. ATERSTILLW ME DR.NDSONUMA N.MEADOWVIEWENASP OOLSCH ST.GREELYST. W.ENLIND ST.LAUREL ST.RYBERMUL ST. ENLIND4N.E. ST. W.LNROBINST.N.E. ST. ST.ST. ST. ST. W. W. W. W. W. LM ST . E LINDEN CHE RRY LERUAL MAPLE N.N.ST.EVERETTN.N.N.HIC KOR Y BROADWAYELM ST. ST. ST. HUDSON ST.ST.ST.ST.ST.ST.ST.2nd7thS.S.S.ST.HOLCOMBN.N.6th ST.ST.5thN.ST.4th ST.3rdN.N.ST.2ndS T .S. MA IN E.HILLS. BROADWAYST.UNI ONS.ST.ST.LAKE ST.N.HARRIETST.ST.ST.N.THAMARMYR T E.S.IAMWILLST.ST.YGREELEN.ST.S.NSOWEST.S.TERCENOVEGRS.SHERBURNELNHOECST.ST.S.S.ST.OCKHEMLBRICKS.STDR.ST. ST.ST.SEYRAM SLOPE LOOKOUT ST LN SUNNY W.ST.LE W.RI CE E. ST. ST. LARDWILST.RDWILLAW. W.PINE ST. ST.W.OAK ST.W.OLIVE W. W. W. SONANDER ST. ST. ST. D UBU QUE ILLRCHCHUILLRCHCHU ABBOT ST.THORN COMM ERC IAL E.AV ST. TLEMYR ST. NUTWAL ST.INEP ST.OAK ST.ELIVOE.T.S NEL SONST.WATERCHESTN U T ST. ST.USTLOC ADOWLAR K STCENTERLERU A L McKUSIC K This map depicts the underlying Zoning Code designation for all properties within the municipal boundary of the City of Stillwater. All properties are also subject to requirements set forth in applicable zoning overlay districts. Please see the City of Stillwater's Zoning and Environmental Feature Overlays map and the Zoning and Design review and Height Overlays map for additional Zoning Code classifications. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1196 AN ORDINANCE AMENDING CHAPTER 31, ARTICLE 3 SECTION 31-324.2 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING NEIGHBORHOOD COMMERCIAL ZONING CASE NO. 2022-58 The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. The zoning of the following property, visually represented in Exhibit A is hereby amended to Neighborhood Commercial: Property located at 12092 75th St N (PID# 3003020230016), 125 New England Pl (PID# 3003020320100), 105 New England Pl (PID# 3003020320111), 145 New England Pl (PID# 3003020320104), 135 New England Pl (PID# 3003020320115), 1101 Owens St N (PID# 2103020330038 & 2103020330037), 804 Laurel St W (PID# 2803020230049 & 2803020230048), 515 Owens St N (PID# 2803020230004), 517 Owens St N (PID# 2803020230006), 101 Owens St N (PID# 2803020320097), 107 Owens St N (PID# 2803020320096), 109 Owens St S (PID# 2803020320115), 121 Owens St S (PID# 2803020320116), 125 Owens St S (PID# 2803020320117), 122 Greeley St S (PID# 2803020320118), 110 Greeley St S (PID# 2803020320114, 2803020320110 & 2803020320111), 920 Olive St W (PID# 2803020330003), 305 Greeley St S (PID# 2803020330002), 809 4th St N (PID# 2803020120010), 522 4th St S (PID# 2803020430057), 807 4th St N (PID# 2803020120012), 901 3rd St S (PID# 3303020110109), 901 4th St S (PID# 3303020110090), 826 4th St S (PID# 3303020120013), 823 4th St S (PID# 3303020110061), 114 Churchill St W (PID# 3303020110062 & 3303020110060), 902 4th St S (PID# 3303020120141, 3303020120142, 3303020120143 & 3303020120158. SECTION 2 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 20th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 3 EXHIBIT A DATE: September 20, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Feasibility Report CSAH Street Improvement-Phase 2 (Project 2019-09) BACKGROUND Washington County has had in its road program, street and pedestrian safety improvements for County Road 5 through the City to be undertaken over a period of years. In 2018, phase 1 began with street and pedestrian improvements between Croixwood Boulevard and Pine Tree Trail. Phase 2 was planned for 2020 construction season, and includes work on County Road 5 between Pine Tree Trail and Sycamore Street. The project was postponed due to high bid prices at the time of bidding in 2020. Phase 3 is a couple years out and includes work from Sycamore Street north to TH 96. PROPOSED PROJECT For the Phase 2 project, the County is proposing an improvement that consists of a mill and overlay between Pine Tree Trail and Sycamore Street, replacing curb and gutter and existing sidewalks from Olive Street to Sycamore and installing new sidewalk on the west side of Owens Street from Wilkins to Sycamore. Street widths would be narrowed from 44’ to 42’ between Olive and McKusick Road and 44’ to 38 feet from McKusick to Sycamore Street. New sidewalk widths would range from 5 ft. -7 ft. ADA pedestrian ramps would be installed at all street intersections. Storm sewer would be moved in areas where the street widths are narrowed and sanitary sewer castings would be replaced. PROJECT COSTS The overall project cost is estimated to be $4,040,856 and primarily funded by the County, such as mill and overlay, storm sewer and sidewalks but according to their cost participation policy, some items are the city’s responsibility. The City is responsible for 50% of the new sidewalk, 50% of new curb and gutter, 100% of the sanitary manhole replacements and a prorated share on erosion control, striping and mobilization items. The estimated construction cost to the City is $344,604. Total cost to the City which includes engineering, inspection and administration is $485,923. PROJECT FINANCING Financing for the project would come from three sources; assessments, Municipal State Aid Funds and the Stillwater Water Department. It is proposed that those costs associated with the curb and sidewalk improvement be assessed to the affected property owners on Owens Street from Olive to Sycamore Street. This amounts to $269,186.4. It is proposed the 108 residential property owners along this corridor be assessed 70% of the cost or $183,290.05. Residential properties would be charged a unit rate of $1580.66, corner lots would be charged $790.33. The apartment buildings would be charged 0.8 per apartment, Commercial properties and institutional properties, including City land would be charged a frontage rate of $20.48 per foot. The Water Department would be charged costs associated to relocate gate valves and hydrants within the project or $57,500. All other costs, including the City’s share of the assessment s would be $245,132.95 and covered by Municipal State Aid. PROPOSE SCHEDULE Feasibility Study September 20, 2022 Public Hearing October 18, 2022 Approve Plans November 2022 Award Bid January 2023 Construction Summer 2023 Assessment Hearing Fall 2023 RECOMMENDATION Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report study for CSAH 5 Street Improvement-Phase 2 and order a public hearing to be held on October 18th 2022 at 7:00 p.m. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion adopting Resolution 2022-____, RESOLUTION RECEIVING REPORT AND CALLING HEARING ON CSAH 5 STREET IMPROVEMENT-PHASE 2 (Project 2019-09). City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx RESOLUTION RECEIVING REPORT AND CALLING HEARING ON CSAH 5 STREET IMPROVEMENT PHASE 2 (PROJECT 2019-09) WHEREAS, pursuant to resolution of the Council adopted May 21, 2019, a report has been prepared by the City Engineer with reference to the CSAH 5 Street Improvement Phase 2; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota; 1. The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $4,040,856.00. 2. A public hearing shall be held on such proposed improvement on the 18th day of October 2022, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 20th day of September 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: September 20th, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Sharon Provos, Finance Director SUBJECT: 2023 Preliminary Budget and Tax Levy / Truth In Taxation Meeting Date BACKGROUND The City Council has reviewed and discussed 2023 Budget proposals on August 16th and September 6th. These discussions have resulted in a General Fund Operating proposed tax levy of $13,265,987 and a proposed debt service levy of $4,221,060. This total proposed levy of $17,487,047 results in a 9.817% increase over the 2022 levy. The Preliminary Levy has to be set by September 30th. The City has the option to reduce the levy prior to final adoption but cannot increase the levy after the September 30th deadline. Staff will be bringing back more information regarding police department and community development staffing. Staffing considerations for these departments would have the ability to reduce the proposed levy above but not increase it. The Truth in Taxation meeting date is proposed at December 6th, 2022. ACTION REQUESTED Adopt Resolution 2022-xx Adopting the Proposed Tax Levy for the Payable Year 2023 Adopt Resolution 2022-xx Adopting the Proposed Budget Appropriations for the Year 2023 Adopt Resolution 2022-xx Setting the Payable 2023 Truth-N-Taxation Public Meeting City of Stillwater Washington County, Minnesota RESOLUTION 2022- ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2023 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $17,487,047 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2023. FURTHER BE IT RESOLVED, that the sum of $40,700 is hereby levied against all taxable properties within the WMO (Waste Management Organization) parcel-specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2023. The Levy consists of the following: GENERAL TAX LEVY: $13,265,987 DEBT SERVICE TAX LEVY: Fund Required Levy for 2023 Amount 312 G.O. Capital Outlay 2012A 373,558 314 G.O. Capital Outlay 2014A 479,001 326 G.O. Capital Outlay 2016A 554,085 327 G.O. Capital Outlay 2017A 401,373 318 G.O. Capital Outlay 2018A 471,363 339 G.O. Capital Outlay 2019A 422,100 321 G.O. Capital Outlay 2021A 405,300 322 G.O. Capital Outlay 2022A 591,780 Subtotal $3,698,560 New Debt G.O. Capital Outlay 2023 522,500 Total Debt Service Tax Levy $4,221,060 TOTAL TAX LEVY $17,487,047 PARCEL-SPECIFIC LEVY WMO Levy $40,700 Adopted by the Stillwater City Council this 20th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2022- ADOPTING THE PROPOSED BUDGET APPROPRIATIONS FOR THE YEAR 2023 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget appropriations for the year 2023 in the amounts for the following funds: Fund Fund Name Amount 100 General Fund $17,273,155 200 Special Events Fund 48,000 202 St Croix Valley Recreation Center Fund 1,824,545 230 Library Fund 1,638,154 240 Parks Fund 1,612,266 251 Downtown Beautification Fund 69,000 255 Washington County Recycling Fund 29,000 285 Lodging Tax 271,387 Total $22,765,507 Adopted by the Stillwater City Council this 20th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2022- SETTING PAYABLE 2023 TRUTH-N-TAXATION PUBLIC MEETING BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Payable 2023 Truth-in-Taxation meeting shall be at 7:00 p.m., Tuesday, December 6th, 2022. Adopted by the Stillwater City Council this 20th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 100 Red Rock Rd | Newport, MN 55055 | 651-768-6670 | info@recyclingandenergy.com | recyclingandenergy.com August 23, 2022 RE: Official Notice of 2023 Tipping Fee TO: Solid waste haulers and transfer stations licensed in Ramsey and/or Washington counties CC: Recycling coordinators in Ramsey and Washington counties The Ramsey/Washington Recycling & Energy Center (R&E Center) tipping fee for acceptable waste will be $103.00 per ton in 2023. Ramsey and Washington counties jointly own and operate the R&E Center, which processes trash to recover resources instead of putting it into landfills. By processing waste, thousands of tons of metal are recycled each year, and waste is turned into a fuel that Xcel Energy uses to generate renewable energy for thousands of homes per year. Processing waste at the R&E Center not only reduces greenhouse gas emissions by avoiding landfills, but the R&E Center also adds jobs and value to the East Metro economy. The 2023 tipping fee increase covers increased R&E Center operating expenses including labor, transportation of materials, insurance, as well as capital investments being made at the R&E Center. Capital investments support the recovery of additional recyclables from the trash, as well as the separation of food scraps collected as part of the food scraps pickup program that is under development so that they can be composted. Tipping fees typically account for about 1/3 of a household’s trash bill. An average household produces about one ton of trash per year, so the 2023 tipping fee (increased by $16 per ton over 2022) will increase the cost of trash collection in the average household by about $1.33 per month. The rest of the bill is related to other costs of running your business, such as transportation, insurance and labor – increases in which you may also be passing on to your customers. We appreciate your continued support and invite you to tour the R&E Center if you are interested. •For Ramsey County questions, contact Ryan Lundgren at ryan.lundgren@co.ramsey.mn.us or 651-266-1187. •For Washington County questions, contact Jenna Venem at jenna.venem@co.washington.mn.us or 651-430-6709. Sincerely, Nikki Stewart and Michael Reed Ramsey/Washington Recycling & Energy 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 September 13, 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.Adopt a resolution reappointing Chuck LeRoux, Oak Park Heights, to a second term expiring October 21, 2025, as Manager on the Brown's Creek Watershed District. B.Approval to establish Fund 217 for tracking Opioid Settlement Funds. C.Approval to set a Public Hearing on October 4, 2022, at approximately 9:00 a.m., to consider revisions to the Washington County Food Code Ordinance No. 145. D.Approve Agreement No. 15126 with Advanced Practice Solutions, LLC (APS) for mental health provider services in the Washington County Jail. E.Approval of the Lower St. Croix Policy Committee's funding recommendations. F.Adopt a resolution to enter into a Metropolitan Council Grant Agreement SG-22P1-10-02 reimbursing the Land and Water Legacy Program for 75% of the cost to purchase the property located at 11500 Grey Cloud Trail South, Grey Cloud Island Township, Minnesota, for inclusion into Grey Cloud Island Regional Park; to enter into an agreement and restrictive covenant with the Metropolitan Council. G.Adopt a resolution and approve the Fencing Consortium Joint Powers Agreement No. 15067. H.Approve Joint Powers Agreement No. 15029 with the City of Oakdale for sharing law enforcement data. 4.9:10 Library - Tina Kaple, Interim Library Director A.Adopt a resolution to proclaim September 2022, as Library Card Sign-Up Month. 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 5. 9:25 Property Records and Taxpayer Services - Amy Stenftenagel, Interim PRTS Director A. Approval of an exception to the Countywide Fee Schedule in 2022 for the Assessment Contract Fees for single-family residential properties to account for rapidly appreciating values. 6. 9:40 Public Works - Mandy Leonard, Senior Project Manager A. Approval of Contract No. 15115 with Alliiance Architects in the amount of $1,505,043 for Architectural and Engineering Services for the West Central Service Center. 7. 9:55 8. 10:05 General Administration - Kevin Corbid, County Administrator 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. 9. 10. 10:20 Board Correspondence Executive (Closed) Session - County Administrator's Performance Review A. Executive (closed) session to conduct the annual performance review for County Administrator Kevin Corbid. 11. 11:20 12. 11:25 13. 11:50 14. 12:05 15. 12:40 16. 1:30 Adjourn Board Workshop with Accounting and Finance - Tabatha Hansen, Director A. Other Post Employment Benefits (OPEB) review and update. Break Board Workshop with Public Health & Environment - Jeff Travis, Senior Program Manager A. Review proposed revisions to the Washington County Food Ordinance No. 145. Board Workshop with Administration - Kevin Corbid, County Administrator A. Review the 2023 proposed Washington County budget. Personnel Committee