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2022-11-15 CC Agenda Packet
Zoom Meeting Participant ID: 319530 Stillwater AV Beth Wolf IT Alerts Click to join audio IT1 Join Audio Start Video TINE1 B,I 1117n14PANWtl Ofl 1111,141.1EISIORNs Security City Hall present... City Hall presentations A Tommy Andreen (CEO of CBDHOUSE) & Vanya Type here to search Share Screen Reactions Leave 0 X Participants (5) )-host, me, participant ID: 319530) (3 F IT Alerts (Host) 0 g Stillwater AV Tommy Andreen (CEO of CBDHO... City Hall presentations Invite Mute All 0 O1 4 7:41 PM 11/15/2022 Lowell Thompson <Iowel1adthompson@gmaiLcormr> P r servi n g and Known J akh th hater's H st To: Mayor Koslowski, Council Members ry VIlsnbOe and I am making a formal request to the Mayor and City Council to direct staff to further explore a project: (1) to make Stillwater's history more visible and known and (2) to preserve Stillwater's incredible history for all to see now and in the future. This would include seeking possible funding from the Minnesota Historical Society and the State Historic Preservation Office. Specifically, this effort would provide for City staff to take the lead in installing historic markers on sites and buildings in and around downtown Stillwater. There is ample information for historic markers to tell the stories and to honor those property owners who are taking care of these historic properties. This has not been done since the Downtown Historic District's designation in March, 1992. It's time to make Stillwater's amazing history and stories known to visitors and residents alike. The project would be especially appropriate at this time as we mark the 30th anniversary of the District's designation in 1992. Stillwater is one of Minnesota's most historic cities - if not Minnesota's most historic city. The project will make Stillwater a visible and interesting historical destination. Much of Stillwater's colorful history is not known or visible to visitors or residents. It would foster increased civic pride and should be preserved. The resources exist to work with City staff to implement this project. Many in the City would help and support this effort as needed. I have met with the Historic Preservation Commission and they had favorable comments and at least two of the members immediately volunteered to help with the effort. I have also reviewed this with the leaders of the Greater Stillwater Chamber of Commerce, the Stillwater/Oak Park Heights Convention and Visitor Bureau (CVB)/ Discover Stillwater and the Washington County Historical Society and they all think it is a great idea and important. Here is a direct quote from an email to me from Christie Rosckes formerly of the CVB: "I absolutely LOVE this idea and have always wished the city had more visible connections to our history! I support your idea and argument that this would appeal to visitors by providing a more immersive experience when in town. This historic knowledge will be a wonderful free attraction and will also create a stronger connection with the visitor to Stillwater increasing their chances of returning for additional stays. I also like that you plan to use quality, historic looking signage so it fits with the aesthetics of our downtown (Feel free to use this quote from me.)" In addition to enhancing and making Stillwater's history known, as the Chamber and CVB have stated, the project will have economic benefit and will generate increased knowledge and local pride in this most historic of cities. Finally, and of importance, the project fits well and helps to carry out several of the city's Goals of the Stillwater Comprehensive Plan: 1. Safeguard the heritage of the city... 2. Protect and enhance the city's appeal and attraction to residents and visitors... 3. Enhance the city's visual interest and aesthetic character and diversity. 4. Foster civic pride in the beauty and notable accomplishments of the city's past. I have researched actions taken by other cities to preserve their heritage and enhance their appeal and civic pride. Numerous examples are attached for your review. Your support is appreciated. Thank you for your attention. Sincerely, Lowell D. Thompson Lowell Thompson 651-638-1989 651-235-1002 - cell John Ringling (1868-1936) foresaw a people -friendly place of statues. lush broad boulevards. beautiful homes, classicalcentral parkh landscaping. elegant shops and restaurants. and a for maa! performances. His traVels to theta a aishsaw c cities of d Italy Inspired spired this vision. The classical scup the humanistic the realistic portrayal of individual beauty and cvmPQnumum of his aspects of idealized beauty. Sculpture was a key vision as he began marketing lots on St. Armands Key in 1927. At s. that point it consisted only of the soneetcommer ialdbuildinq card 9a statues, seawalls. subdivision plat.land crash, the handful of homes. Due to the intervening gbelorid30 ayears before the Depression. and World War 11: it commercial and residential districts would be built -out. ..Save Our Statues': undaertdhe n on o o0Pre ervinggithed Ringlfnq resident Edward Pinto; h 9 ers statues dating to the19 03 inn white anc ble.ing this legacy with 21 new classically-themed statues St. Armands Residents Association and its President, William Rex, thank the Business improvement District. of Art. City of Sarasota, St. Armands Circle Association, Community Foundation of Sarasota County. Lido Key Residents Association and the many individual contributors for their support. Also particular thanks to the Sarasota County Commission and Commissioner Joseph Barbetta, St. Armands District 2 Representative, for making this plaque possible. -5.."-CAso,setLj tL CHARLESTON CITY MARKET ON THIS SITE STANDS ONE OF CHARLESTON'S OLDEST PUBLIC FACILITIES 1N CONTINUOUS USE. THE CHARLESTON CITY MARKET. EARLIER MARKETS DATING BACK TO THE CITY'$ RELOCATION TO THE PENINSULA, CA. 1680, OFFERED ;MEAT, FISH, AND VEGETABLES AT DIFFERENT SITES, AFTER THE AMERICAN REVO.LUTIO.N, HOWEVER,, THE PITY SOUGHT TO CONSOLIDATE THIS ACTIVITY IN ONE LOCATION AND ;CHOSE THE PRESENT SITE; WHICH WAS THEN A CREEK AND MARSH EXTENDING FROM MEETING $TREE`C TO THE COOPER RIVER, BRIEFLY DESIGNATED CANAL OR CHANNEL STREET. 411110 SIX NEIGHBORS, AMONG THEM CHARLES COTESWORTH PINCKNEY, WHO OWNED 'THE LARGEST PORTION, DONATED LAND IN MARCH 1788,, DIRECTING THE CITY TO OPEN A :,MARKET. SY 1792; SOME MARSH AND CREEK HAD ;BEEN FILLED AND A 200 FOOT LONG BRICK'. MARKET, STOOD NEAR MEETING STREET. IN LATE 1793, THE CITY CONVERTED THAT STRUCTURE TO HOUSE REFUGEES FROM SANTO OOMINGOU AND THE LAND REVERTED TO ITS ORIGINAL OWNERS BECAUSE :A MARKET HAD NOT BEEN ERECTED /WITHIN THE SPECIFIED TIME. ONCE THE PROPERTY WAS AGAIN .DONATED TO THE CITY ' IN 1604 AND CONSTRUCTION RESUMED, THE 'T.ENT.RE MARK'ET', CONSISTING OF SEPARATE SHEDS FOR FRESH MEATS AND VEGETABLES,, OPENED 1AUGUST 1807,, WHILE SHEDS FOR FISH AND SMALL MEATS' OPENED LATER. HERE, THE CITY'S POPULATION, BOTH SLAVE AND FREE, GATHERED DAILY TO SELL AND BUY LOCALLY RAISED COMMODITIES AND IMPORTED DELICACIES. •— MARKET HALL, DESIGNED BY E.B. WHITE AND BUILT FOR THE iMEETINGS OF THE MARKET .COMMISSIONERS AND OTHERS, OPENED IN 1841 ON THE SITE OF THE ORIGINAL DEPOT FOR COUNTRY WAGONS. THE RISE OF GROCERY STORES AND REFRIGERATION IN THE EARLY TWENTIETH CENTURY SAP.P.ED THE MARKET'S VITALITY, AND ITS ,'FORTUNES STEADILY, DECLINED. RENEWAL PROJECTS 'BEGINNING 'IN THE 397O'S SPURRED A REVITALIZATION OF THE MARKET AND SURROUNDING AREA. THE HISTORIC ::RESTORATION 'CIF MARKET HALL WAS COMPLETED BY THE CITY OF ,CHARLESTON IN 2003. IN 2010, THE MARKET SHEDS WERE COMPLETELY RESTORED BY THE CITY 'OF ;CHARLESTON, IN PARTNERSHIP WITH THE CITY MARKET PRESERVATION TRUST. THE MARKET WAS PLACED ON THE NATIONAL :REGISTER OF ;HISTORIC PLACES !IN 1973 .AND WAS DESIGNATED A NATIONAL 'HISTORIC LANDMARK :IN 1975. ALTHOUGH .DAMAGED SY FIRES, TORNADOES, HURRICANES, AND .AN EARTHQUAKE, THE CITY IMARKET .CONTINUES TO FUNCTION IN THE HEART OF THE HISTORIC •DISTRICT AS ONE ;OF CHARLESTQN'S MOST CHERISHED INSTITUTIONS. • ;I*S PLAlOUF WAS PLACED dN COMMEMORAr1ON OP THE 200TH ANNIVERSARY OF THE CITY MARKET. Ci.ftctrl2S•hi, S C, 3 "trfr fit -. jelPe i HISTORIC SITE CHARLES DEBRILLE POSTON 1825 - 1902 POSTON, KNOWN AS THE FATHER OF ARIZONA, CAME TO TUBAC IN 1854 AFTER THE GADSDEN PURCHASE AND ESTABLISHED THE HEADQUAR- TERS OFA MINING COMPANY, WITH MINES NEAR ARIVACA AND IN THE SANTA RITA MOUNTAINS. MINING ACTIVITIES WERE DISCONTINUED `DURING THE CIVIL WAR BECAUSE OF INCREASED APACHE INDIAN ATTACKS. POSTON WAS INSTRUMENTAL IN PROMOTING ARIZONA AND HELPING IT ACHIEVE TERRITORIAL STATUS SEPARATE FROM NEW MEXICO IN 1863. BY TUBAC HISTORICAL SOCIETY and THE ARIZONA HISTORICAL SOCIETY — '441; wr 'rp 417 " , 44, •,, o 11=1 0.1qh.N. •\ �1 '9411 'C4L CO** YY •ye tr • THE VILLAGE OF CORTEZ Origin of the name CORTEZ cannot be proven but is thought to have begun with the inhabitants of a Spanish fishing "rancho" in this vicinity. The area was known as "Hunter's Point" to local residents until the 1880's. This is borne out by notations found on the U.S. Coast Survey ' of the Manatee River and vicinity in 1874. Manatee County Deed records show 110 acres here were purchased from Florida Land and Improvement (Disston Purchase) by ' Allen Gardner for g139.O3 on April 17, 1883. In 1887 the ZO acre parcel surrounding and to the north of this site was subdivided and in Sept. 1888 a post -office under the'. name CORTEZ was established with Charles D. clones ••as postmaster. Mail .came three times a week by boat from Braidentown. During the latter years of the 19th century the area was settled by commercial fishermen of English descent, most of then coming here from the coastal counties of North Carolina, primarily Carteret and Onslow. At- • ry • OM 44 ' S (continued on, other side) • '�.��sst•.-.ter+-• _d •-�. -•�.•' .� •.l. r-1 • • JS •: 9Sa • • • 1 (continued from other side) The resiuents called the eas.tern shoe of Sara:iota Bay south of the village ''THE KITCHEN" as its .wealth of fish, scallops and otlker seafood made it possible for then: to feed their families in 'aard :Lime. Net fishing for the .huge schools of black mullet was the core of the Cortez fishing industry and thousands of pounds were _in�nualIy ^aright. processed and shipped by boat to Cedar Key and later to 'Nampa after the railroad arrived there. Records show' that .by 1897 Cortez was a thriving fishing community with stoles structures aschool er ne find otherotherrefinements. The fiche h houses and waters of the 1921 were virtually destroyed by high uilt ,and continued their iturricRne• but'the determined se �� ethe eats rliest families still reside chosen trade: Many descendent are stille in the immediate area or in Manatee County and occupations. �;,•-l.arr�:•d•in commercial fishing and related � :::lb}.• � NI.iTUFtII;A� �{IMdll$SIUov lya j �i�t71.$�1T�C] 31 THE iM;.����A'i�E OF ;;p�1N'I'Y :;ur�'.r1iS$14t�}Er= .rIow MT 14 THE BOARD G.vFL LE\ GGI OPERA °US E THE FRONT BUILDING BUILT IN 1860. THE oPER.A HOUSE WAS BUILT ON BACK IN1892 BY JOHN AND MicHAEL LEVAGGI, EARLY PIONEERS AND STONE MASONS FROM ITALY. BRICKS USED WERE KILNED EAST OF SUTTER CREEL AND HAULED TO rTE BY TWELVE MULE TEAM, AMAPOLA PARLOR. NO. 80 ND.G.W4 WAS INsTIVITED HERE. ON APRIL 27e 1894. THE BUILDING SERVED As AN OPERA 1-4011A rort 35 YEAtts4, DMICATED APRIL 240 171 AMAPOLA PAR Lort No 80 NATIvE DAUCtilr•P--- OF THE tOLDiN • r..r.� —.-- • —�,� 04,,L CO I A BEALLS CENTENNIAL . . — In April of 1915, twenty-two year old Robert M. Beall opened a simple dry goods store on this block of Old Main Street. Pricing nothing over a dollar. he named It the Dollar Limit. Beall Invested his money in merchandise so when the goods arrived from suppliers he recycled the wooden packing cases, turning them upside down for use as display tables. The store location was just steps from the docks where steamboats brought passengers and freight from Tampa each day. Manatee County was growing fast, with new farms and groves springing up and visitors filling the few boarding houses and hotels each winter season. The Dollar Limit thrived. Due to inflation in the wake of World War 1. Beall had to raise prices and so he renamed his store the V Dollar Limit in 1920. A tireless civic booster, In 1923 he was instrumental In bringing the St. Louis Cardinals, the first major league baseball team to Bradenton for spring training. (Continued on other side) • _ irk,en4IA) �`L ?TT BRADENTOWN_DEPOT _ 1 •• .—_ The Atlantic Coastline Railroad Company Passenger and Freight Depot liradentown Florida. built c. 1925, became the Bradenton Depot when Bradentown dropped the "w.. from its name. The historical significance on local and state levels was tremendous as its completion created a terminus of rail, road and water travel in Southwest Florida. connecting freight shipments from the piers with the bringi Manatee River passengers and s shippingand of agricultural products north. alongThe depot served the area from the during the expansion bpom• to and including time of the economicFloridagowth period. its era ough the fsignificancewas from 192 the great ida growth Mission/Spanish Colonial Style Val to 19��.. The 4i.[}04•sq approximately $80.000 and shill standii ng was constructed at a cost of app it was The building fellt into disrepair in the Ir; In and facing condemnation• Iwas final location. stands an its original of Bradenton With a great lurch. with the roof popeng M• D..9love purchased by Daniel B. eop brought the depot back to its original glory o with tared tied tradition, n and white stucco trimmed In red brlck- wrath A FLORIDA HCRtTAtli SITE SPONSORCO El THE aRMI HTOW pew ._un AND THE FLORIDA tOr PAR µENT or wort 4 F-so0 • . • _ f - d 14,1 • (j l de ill-e i1, 5 -L RADIO STATION 'KSOO On Sunday. December 5, 1928, the second radio station to be established in Sioux Falls began transmitting programs. Station KSOO, owned and operated by the Sioux Falls Broadcasting Association, was located in Room 626 of the Carpenter Hotel. Offices and a studio were continuously maintained in the hotel until 1937. Local businessman W. B. "Bram" McKenzie organized the company, and the station was built using equipment obtained from WFAT, the city's first radio station. Operating on 360 meters with a power of 100 watts, KSOO transmitted at irregular times and only as programming was sold and talent was available. It was on the air from. 15 minutes to one hour in the early evening. Because of sky- wave propagation at night. broadcasts could reliably be received within a 150 to 200 mile radius of Sioux Falls. In March 1927, a remote studio was added that was located on the second floor of the Manchester Biscuit Company. Joseph Henkin, of Madison, S. Dak., purchased the station in December 1927 and soon increased the power to 250 watts. In 1928 the transmitter was relocated to a new building and power was increased to 1000 watts. The Henkin family sold KSOO on December 1. 1990. ending the nation's longest period of both ownership and active management of a radio station by one family. DEDICATED IN 20O3 BY K800 RADIO, SYLVIA HENKIN. ANN & JOSEP»H HENKIN II, SUSAN (HENKIN) &. GENE McGOWAN, AND THE MINNEHAHA COUNTY HISTORICAL SOCIETY S;ousc Ras,5D CARRINGTON - COVERT H 1 1 xM1 LEONIDAS D. CARRINGTON (isfo-97) AND HIS WIFE, MARTHA HILL CARRINGTON (.1824-59)► CAME TO AUSTIN FROM MISSISSIPPI 1N 1852. HE BEGAN TO ACCUMULATE REAL ESTATE AND ON SEPT. 15, 1853, BOUGHT THIS BLACK FROM JAME TEN M. W. HALL, AUSTIN HOTELMAN, AND DAYS LATER OPENED A MERCANTILE TILE STORE ON CONGRESS AVENUE. IN N N A CARRINGTON HIRED JOHN B LOCAL ARCHITECT —CONTRACTOR, TO B BUILD ON THIS SITE A VERNACULAR ROUGH EEK REVIVAL HOME, CONSTRUCTEDLIMESTONE ASHLAR. THSPRING OF 1857.EHOUSE WAS COMPLETED IN THE THE PROPERTY WAS PURR AND HASED BY M.L. HEMPHtLL IN FA1870 FAMILY IN 1881•. THE JOHN FIELDS E I ELDS LEASED THE BUILDING, 1893 98, TO THE "TEXAS EYE, EAR, AND THROAT HOSPITAL", DIRECTED AND DIN 19U3,5 R. HENRY OLD L. HI LG A RT NER (1868-1937), THE SITE TO _FRANK PRC�M�NEN� �1AU AUSTIN THE HEAD OF FAMILY, WHO LIVED HERE UNTIL 1936. LATER OWNERS RENTED STRUCTURE D AS A BOARDINGHOUSE, RESIDENCE, NURSERY UNTIL IT WAS PURCHASED BY THE STATE OFTEXAS COMMISSIQN THE TEXAS HISTORICAL RESTORED T E HOUS E c INLA�❑9 2.—�qd2 RECORDED TEXAS rr •w ENTERED IN THE NATIONAL REGISTER OF HISTORIC PLACES • 1970 /1-1.l5 ,;h x 11 1 MARINE MILL SITE Illinois, .at a site One of Minnesota's first major industries, was born here on August 24, 1839, when, the slow, cumbersome up-and-down saw of the Marine Lumber Company cut the first commercial lumber in the state from trees felled in the rich white pine forests of the St. Croix Valley. The mill was built by a group of settlers from Marine, selected a year earlier by David Hone and Lewis S. Judd. During the winter of 1839-40, the saw at Marine produced about 5,000 board feet of lumber a day. From this modest, beginning, the much rebuilt and enlarged mill of the Walker, Judd, and Veazie Lumber Company was by 1877 turning out two million board feet of lumber, 500,000 shingles, and 200,000 laths a year with an average daily work crew of fourteen men. Financial depression, a huge log jai n that -prevented logs from reaching the mill, extensive tornado damage, and a low-water summer combined to cause the failure of the business in 1885. By 1895, after a few years of intermittent operation in the - hands of other companies, the mill closed forever, and the extensive frame buildings were torn down. Only the ruins of the mill's enginehouse, which can be seen by following the path to the overlook, serve as reminder of Minnesota's �nr magnificent pine forests and the profitable lumber industry that built the towns and cities of an expanding nineteenth- century mid -America. .A .iS .i•� � _ :L4t n ERECTED 13Y THE MINNESOTA HISTORICAL S•CIETY l 85i "Tn4i1114 is WAS AN' 11`1<�ti�' 1{k1 ltii f�f I EARLY SETTLER. CABIN . • • Swedish immigrant Sven Anderson built this early settler's cabin i 1852; some of the cabin logs still show the marks from the ax. which squared them. Sven and his wife Stava raised three children this cabin, and it was their home until 1869. Their first son, Charle was born May 12, 1858—one day after Minnesota became a state. 5v Anderson is credited with bringing the first cattle to this are as well as being one. of the first wheat farmers. For the 1938 Marine centennial celebration, the cabin was mov to the village from its original site, The Rosengren Prair approximately two miles northwest of here. It is on the proper that was owned by the Burris family since 1895, when Marline known as Marine Mills. Adjacent to the cabin is the mill stre that served as a source of water power for the first commerc sawmill in the state. After the Marine centennial celebration, T Burris acquired the cabin and used it as a workshop in which built boats. The cabin remained in the Burris family until property was 'sold to the City of Marine in 1997. Villag commonly refer to the cabin as "Uncle Tom's Cabin-," a n = coined by Tom's nephew, Art Burris. In 1998, thanks to contributions from the descendants of S Anderson, Institutional donors, and local residents, tiris old c =' was completely renovated and restored as the "Early Settler's Ca it once was, with its square -timbers, dovetailed corners, hand -cut cedar shake roof. The cabin stands today to remind a way of life that was part of Marine Township. The first Swe immigrants to this area were loggers, laborers, and farmers. had a« great love for their community and family, and help and sustain Marine and its neighboring communities throe si the years. 4?Vr1 a r K t, ti► N 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING November 15, 2022 SPECIAL MEETING 5:00 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Presentation of Police Department Operations Study 2. 2023 Staffing Considerations IV. RECESS REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. CANVASS OF MUNICIPAL ELECTION IX. RECOGNITIONS OR PRESENTATIONS X. OPEN FORUM – open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator XII. 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. 11. November 1, 2022 closed session and regular meeting minutes 12. Payment of Bills 13. CBD Establishment Licenses – moved to New Business 14. Downtown Parking District Credit Card Kiosks 15. Liquor and Tobacco License Renewals for 2023 – Resolution 16. Liquor License for Lolito Cantina – Resolution 17. Lumberjack Landing Vegetation Management Agreement 18. One-Ton Truck Purchase Request 19. Stillwater Lift Bridge Tender Parking – Resolution 20. Terra Springs Certificate of Completion – Resolution 21. Tobacco License for Stillwater Smoke Shop Page 2 of 2 City Council Meeting Agenda November 15, 2022 22. Well #11 Reservoir Repair Agreement 23. Extended Hours Permit for Water Street Inn and Brians 24. Joint Powers Agreement with St. Croix County for Loop Trail Snow Clearing XIII. PUBLIC HEARINGS – None XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 25. 2023 Sidewalk Project Along Maryknoll Drive Feasibility Study 26. CBD Establishment Licenses XVI. COUNCIL REQUEST ITEMS XVII. ADJOURNMENT DATE: November 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: General Election Canvassing of Results DISCUSSION Attached you will find the Abstract of Votes Cast for Mayor, Council Member Ward 1 and Council Member Ward 4 for the City’s municipal election held on November 8, 2022. The abstract needs to be reviewed and approved by City Council. Also attached are the write-in’s from the election for your information. ACTION REQUESTED Motion to approve the Abstract of Votes Cast for Stillwater’s Municipal Election for Mayor, Council Member Ward 1 and Council Member Ward 4. Abstract of Votes Cast In the Precincts of the City of Stillwater State of Minnesota at the State General Election Held Tuesday, November 8, 2022 as compiled from the official returns. Abstract print version 39401, generated 11/15/2022 2:07:59 PM KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Mayor (Stillwater) NP Ted Kozlowski 7977 WI WRITE-IN 179 Council Member Ward 1 (Stillwater) NP Ryan Collins 1613 WI WRITE-IN 21 Council Member Ward 4 (Stillwater) NP Michael Polehna 1480 NP Tony Misenor 610 WI WRITE-IN 5 Summary of Totals City of Stillwater Tuesday, November 8, 2022 State General Election Summary of Totals City of Stillwater Tuesday, November 8, 2022 State General Election Number of persons registered as of 7 a.m.14044 Number of persons registered on Election Day 383 Number of accepted regular, military, and overseas absentee ballots and mail ballots 3090 Number of federal office only absentee ballots 5 Number of presidential absentee ballots 0 Total number of persons voting 10631 Abstract print version 39401, generated 11/15/2022 2:07:59 PM Page 1 of 5 Detail of Election Results City of Stillwater Tuesday, November 8, 2022 State General Election Precinct Persons Registered as of 7 A.M. Persons Registered on Election Day Total Number of Persons Voting 82 0320 : STILLWATER W-1 P-1 3227 95 2311 82 0330 : STILLWATER W-2 P-2 3465 102 2581 82 0340 : STILLWATER W-3 P-3 3750 94 2953 82 0350 : STILLWATER W-4 P-4 3602 92 2786 City of Stillwater Total:14044 383 10631 Page 2 of 5 Detail of Election Results City of Stillwater Tuesday, November 8, 2022 State General Election Office Title: Mayor (Stillwater) Precinct NP Ted Kozlowski WI WRITE-IN 82 0320 : STILLWATER W-1 P-1 1731 49 82 0330 : STILLWATER W-2 P-2 1905 52 82 0340 : STILLWATER W-3 P-3 2233 45 82 0350 : STILLWATER W-4 P-4 2108 33 Total:7977 179 Office Title: Council Member Ward 1 (Stillwater) Precinct NP Ryan Collins WI WRITE-IN 82 0320 : STILLWATER W-1 P-1 1613 21 Total:1613 21 Office Title: Council Member Ward 4 (Stillwater) Precinct NP Michael Polehna NP Tony Misenor WI WRITE-IN 82 0350 : STILLWATER W-4 P-4 1480 610 5 Total:1480 610 5 Page 3 of 5 We, the legally constituted county canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each office voted on, and have specified the number of votes for and against each question voted on, at the State General Election held on Tuesday, November 8, 2022 As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of Stillwater Clerk. Witness our official signature at ________________________________ in _________________________ County this _____________ day of ______________, 2022. ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board Page 4 of 5 State of Minnesota City of Stillwater I, __________________________________________________, Clerk of the City of Stillwater do hereby certify the within and foregoing __________________ pages to be a full and correct copy of the original abstract and return of the votes cast in the City of Stillwater State General Election held on Tuesday, November 8, 2022. Witness my hand and official seal of office this ________ day of ________________, 2022. ______________________________________________ Page 5 of 5 Precinct name 1 . Check every voted ballot for write -i ns Write-in Form November 8, 2022 Date of Election 2 . Count ALL write-in votes for the offices of : City, Town ship and/or School Distri ct 3. If th ere w e re no write-in s, print "NONE" here: [~_] 4. Return this form in th e canvas bag I /vi I I I I I I ) L~rJ 1-1 -M P. Lt" e., I !S D IA.,A/ D £=-e. J t:> tU ::, I ~/2.-1 '-4 NI:> ,;_ /2.-:$..V Al I I $-):) y :s A f-1./J .s C-, LAN 2..~ /l. I !S b I Election Judge Signatures: ;; ~ ~.,.__,~ /,. ...... ~ ...... -~~---+---- da<YY<6/Jx;;72 ijy)-~~,~>~r~~~I:..-- Precinct name 1 . Check every voted ballot for write-ins Write-in Form November 8 1 2022 Date of Election 2. Co unt ALL write-in votes for the offices o f: City, Township and/or School District 3. If there were no write-i ns, print "NONE " here: [ 4. Return thi s form in the canvas bag Ol' M Oii IVl iVl vi or ( /Sf) &3~ Election Judge Signatures : i-ef lo Je . ' () lA.5 Slaf'II< (JI) /fL. e PD /e/,; C :e wi e"'or1 ~eJf e,t< P+oc~ --c_.DJer ·z_/ct/Vl ex Fl ~,r-Af&/JZw I { l '( f ( 'f I I ( f I J I I I I l Stillwater Ward 2-2 Tri nityL utheran Prec inct name 1. Check every voted b allot for write-in s Write-in Form November 8, 2022 Date of Ele ction 2. Count ALL write-in votes for th e offices of: City, Town ship and/or School Di strict 3. If there w er e no writ e-in s, print "NONE" her e : (~_] 4 . Return this form in the canv as b ag Office Candidate's NAME Number of Votes { \ ( \ ( Election Judge Signatures: Office Candidate's NAME Number of Votes ( ( ( ( Precinct name 1. Check every voted b allot for write-ins Write-in Form November 8, 2022 Date of Election 2. Count ALL write-in votes for the offices of : City, Township and/or Scho ol District 3. If there were no write-ins, print "NONE" here: [~_) 4 . Return this form in the ca nvas bag MA'{ t)tl... .;5 c..o·,-r .. :nA. e:JL . M /J I 'vt I Ii£ I M ~ lttL--r Vt-o ,r I l.,( Yoe_ I A4fv\(>/ £LL I ~1'"0 --,;. H l-D~o I t- L01..LI I D I I C-L-~L.£'C--S C-L I f-b .Sl+Al,1/A/ C~MtJ Election Judge Signatures: .,k~220.~ -rr~~-4.'-~~~-- ~o~ Stillwater Ward 3-3 Evangeli cal Free Precinct name 1. Check eve ry voted ballot for write-ins Write-in Form November 8, 2022 Date of Election 2. Count ALL write-in votes for the offices of: City, Town ship and/or School District 3. If there were no write-ins, print "NONE" her e: [~_] 4 . Return this form in the canvas bag Office Candidate's NAME ST'IL.L A-f-'G.. f1.... I > .M. G£~ 3f l L.L.-hv'~fc!l.-JVlA .... ofL .A-Til A-N GA-TE.) Number of Votes 2_ \ \ L :ts.~----'-"-L...-+-~==D:=_:>\'---'9'-1"'-->'-+-+-.:z.,_+-----"~"'---v_,__r._......:f?"-'-lk-----'-J_--C ____ -+-___ 1 ____ _ -:£5 9JL/ Sc--\+OJ \... v ,)r Y0>t-i oL.fe/\1 3 l ti W~Tr:: j2.. f\/\ fa .... 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WE £fL .:Sc;.1J ~o,)\ Vt>> 9-::1 /I v..t::d: ;§.>O 8'JL Sc_Lw.:>\ j), )J JS.· o~( 9 1[) }t,1 ~~ ~,, LdfJ{:f"\_ ;:r-> J7 JL S<"J'V<) I V I)·-, ;5t \/ I l,Jc..!,J'.v-.}'/\A~ 9[.llf~(\_ 55V <J'>l-( ~~'°~ P 1)J tfc/"(\.vb CA J./--YlwtJ G4]'11f· ~LL r-.A,.I _S,a fl L'-'.>&TTE.. ~v1J·-z..1 K8'1- -:SO 1v T > fv\ , n-\ ~L) -L ·\'-\ CK l 8 \ 1 l 1 \ ( \ Precinct name Write-in Form November 8, 2022 Date of El ecti o n 1. Check eve ry vo ted ballot for write-ins 2. Count ALL write-in votes for the offices of: City, Town ship and/or Sc hool District 3. If th ere were no write-ins, print "NONE " here: [~_] 4. Return this form in the canvas bag 'Cur+ I ' ) /J1µ or C ( 1er r l ~r Po ve ) I Or I or {!/'1u. . I J:;{) 8'34 Set ue--i ( !31 JV: h 0 <3''2. I 4 Ayn her /Zod v-r l,{€Z. I ~D g 3 LI L / a !<odrr' uc z. J Election Judge Signatures: ~ ,d,t<yfyl04?!z::f;ff-1:1.~-.:...~~..;:;;..4,....L...--I,,.,,;:~ J~-0 .ti!.. /f.lUIU/.~~~- Stillwater Ward 4-4 Our Savi or 's Precinct name 1. Check every vot ed ballot for write-ins Write-in Form November 8, 2022 Date of El e ction 2. Count ALL write-in votes for the offices of: City, Town ship and/or School Di strict 3. If there were no write-ins, print "NONE " h ere : [ ____ ] 4 . Return this form in th e canva s bag Office Candidate's NAME Number of Votes I ( I t I I ;( I I/ I Iv ~ CL or -Se-kl 'loo ~ I 6 JI ( d --e.-C, I Of I I I (JV f Ov J ~c_,h.o o/ hco«) Election Judge Signatures: Office Number of Votes I ) I I I I I 1 I Ji J r/ c h ~ rr ~chor, I omt/J / ·-e. 5/J ..-Cl'" J ur+ f::.. o--e. JII r J /!-cl~ Tia rtt1., I r-e Borofl I '(Jc kin Z /'·e WC1 loforJ I ~-eU·lj I '-(,,-fr · ·.e I Stillwater Ward 4-4 Our Savior's Precinct name 1. Check every voted ballot for write-ins Write-in Form November 8 1 2022 Date of Election 2. Count ALL write-in votes for the offices of: City, Township and/or School District 3. If there were no write-ins, print "NONE" here: [ __ _____...] 4. Return this form in the canvas bag ,,· ... ,-· ..--t ;-.. --. -.. :,: -----·' --···· ··----.·. --. -·------,_. __ . ~ -.~--· -~- Page 1 CITY OF STILLWATER LIST OF BILLS 1-800-Bollards Baseplate carbon steel 2,938.16 1ST Line/Leewes Ventures LLC Snacks for concessions 606.00 Ace Hardware Supplies & equipment 717.37 Action Rental Inc. Mixing trailer and concrete 1,162.25 Adam's Pest Control Pest Control 170.00 Advance Auto Parts Supplies 51.63 Advanced Graphix Inc. Dasher board banner 113.75 AirFresh Industries Inc Portable restroom 265.00 Aqua Blast Sidewalk clean 675.00 AT&T Mobility 6813 FirstNet Locator 38.23 AutoNation Vehicle repair charges 952.55 Berwald Roofing Company Inc. Roof improvements - 1250 Main St S 4,000.00 Brightly Software Asset Essentials Core 3,306.97 Canteen Refreshment Services Concession supplies 509.26 Century Link Telephone 491.27 Century Power Equipment Chain loops 86.31 Cintas Corporation Uniforms & Towels 59.49 Cole Papers Supplies 169.54 Core & Main Valve parts 3,761.00 County Materials Corporation Cover 532.00 Crime Stoppers of MN 2023 Law Enforcement Partnership Program 200.00 Crysteel Truck Equip Chain unit 5,219.48 Dalco Supplies 1,656.36 ECM Publishers Public accuracy test 28.50 Emergency Medical Products Supplies 231.86 Esch Construction Supply Coring tool 292.00 Force America 5mb Flat Data Plan 320.00 Fury Motors Vehicle repairs 70.90 Gateway Cycle Bike tune up 239.97 Gertens Wholesale Plants 640.00 Goodyear Commercial Tire Tires 682.80 Gopher State One Call Inc. Locates 403.65 Grainger Carpet seam binder 193.03 Guardian Supply Uniforms & Supplies 1,266.79 Haussner Plumbing LLC Pioneer Park toilet repair 457.00 Heritage Printing Inc. Printing 260.60 Holiday Lighting & Design North side of bridge holiday lighting 9,498.33 Holiday Stationstores Circle K Vehicle washes 255.00 Huebsch Service Mat cleaning service 362.60 Jefferson Fire and Safety Inc. CMC harness 438.67 Johnson Controls Fire Protection LP Monitoring 606.59 Kath Companies Oilmaster 2,522.80 Kelly & Lemmons PA Prosecution 8,416.67 Kirvida Fire Inc. Fire Tanker repair 2,334.20 Landbridge Ecological Buckthorn overspray 3,200.00 LeVander Gillen Miller PA Professional Services 11,149.57 Lexipol LLC Annual Fire Policy Manual 4,790.30 Lincoln National Life Insurance Co COBRA Life Insurance 10.80 Linde Gas & Equipment Cylinders 62.32 Page 2 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Loffler Companies Misc Expenses 26,303.29 MacQueen Equipment Inc. Fire boots 567.33 Mansfield Oil Company Fuel 9,461.54 Menards Supplies 897.12 Metropolitan Council Monthly SAC 7,380.45 Metropolitan Council Environmental Wastewater Charge 171,634.30 MidAmerica Inc Remediation of Four Garbage Stalls 2,886.80 Midwest Machinery Co Equipment repair supplies 414.35 Miller Excavating Watermain repairs 658,878.58 Minnesota Occupational Health Drug screen 694.08 Minnesota Pump Works Greeley lift station repairs 854.93 MN Dept of Transportation Material testing & plant inspection 749.84 MP Nexlevel LLC Locating 854.20 Office Depot Office supplies 185.13 Olsen Chain & Cable Inc. Poly sling 79.92 Olson Patrick Allen Shadow box & frame 405.00 O'Neill Electric Equipment repair supplies 2,543.22 Otis Elevator Company Elevator contract 250.00 Parts Alliance North Equipment repair supplies 463.47 Pember Companies Chestnut St Plaza 550,744.02 Pepsi Beverages Company Beverages for concessions 640.55 Performance Plus LLC Medical exam 341.00 Peterson Austin Reimburse for shooting glasses & hearing protection 83.72 Pioneer Press St. Paul Subscription - Joe 335.80 Pro-Tec Design Computer equipment 873.61 Quill Corporation Office supplies 95.58 R&R Specialties Inc. Blade sharpening 330.00 Riedell Shoes Inc. Skates 525.69 Ries Farms LLC Dirt disposal 529.84 Ruud Cole Reimburse for certification and exam fees 100.00 Safe Fast Inc Jackets sweatshirts and bibs 1,694.22 Simplifile LC Filing fees 100.50 Springbrook Software Monthly UB web payments 870.00 St. Croix Boat and Packet Co. Aug & Sept Arena Billings 125,911.52 Stillwater Motor Company Vehicle repairs 55.41 T.A. Schifsky and Sons Sand mix 1,347.75 Taft Stettinius & Hollister LLP Abatement project - Manning Ave 1,450.00 Thomson Reuters Information Charges 162.86 TKDA Professional Services 58,783.81 Toll Gas and Welding Supply Cylinders 48.11 Total Parking Solutions Inc. Receipt paper 125.00 Uline Inc Table top and cabinet 702.20 US Bank Paying agent fees 550.00 Verizon Wireless Wireless Service 3,164.96 Voyant Communications Phone 545.14 Washington County Recorder Recording fee 46.00 WSB & Associates Inc. Speed Limit Plan & Policy 5,053.45 Zahl Petroleum Fuel System Upgrades 171,035.00 Page 3 LIBRARY 16 Wins Website Maintenance 380.00 A&K Construction Roof Upgrade 40,200.00 Ace Hardware Janitorial Supplies 55.10 Amazon Business Supplies 455.96 Brodart Co Materials 5,267.15 Cole Papers Supplies 188.42 Culligan of Stillwater Water 55.00 Ebsco Publishing Materials 4,927.88 ECM Publishers Bd Meeting Notice 19.00 Grainger Toilet Parts 191.07 Huebsch Service Towels & Rugs 223.17 Kaericher Jodi Staff Reimbursement 8.58 Master Mechanical Inc. Fall Preventative Maintenance 1,332.50 Otis Elevator Company Impact Fee 250.00 Per Mar Security Services Security Monitoring 462.11 Rosten Sarah Programs 407.40 Washington County Library Materials 5,140.43 Water Works Irrigation LLC Winterize Irrigation 180.00 When To Work Tech - Employee Scheduling 360.00 OCTOBER CREDIT CARDS Amazon.com Supplies 986.50 Apple iTunes App for JJurek & DMcClung 38.63 APWA Mgmt & Comm Certification 2,163.00 BCA Training Training 375.00 Best Western Kelly Inn Lodging for training 216.24 Courtyard by Marriot Hotel for BCA conference 322.14 Dream Host Website Hosting 21.45 Eagle Engraving Award pins 393.65 Ebay Processor 42.00 Eventbrite Training 686.88 Galls LLC Boots - Mueller 97.99 Gallup Store Online professional development assessment 526.05 Gertens Wholesale Flowers for city hall 84.41 Homeless Training Staff Training 1,149.00 Jiu Jitsu Five-O Training 299.00 Menards Online Tape measures 10.67 MN State Horticultural Society Materials - Periodicals 34.00 National Audubon Society Materials - Periodicals 30.00 New Horizons MN MS-700T00 Managing MS Teams 2,380.00 Paperless Post 1000 Coins - 150th Ball 100.00 ReUse Minnesota Conference registration 50.00 Sam's Club Open house supplies 359.13 Page 4 ADDENDUM 1ST Line/Leewes Ventures LLC Snacks for concessions 136.75 Advance Auto Parts Supplies 13.15 Aspen Mills Uniforms 293.70 BCA Training Training 375.00 BlueCross BlueShield Group Medicare Retiree Insurance 13,576.00 BlueCross BlueShield of MN Retiree Insurance 14,926.80 Canteen Refreshment Services Concession supplies 251.84 Cintas Corporation Credit (46.41) ECM Publishers Publications 33.25 Enterprise FM Lease Vehicles 10,309.03 Evident Drug tests 123.41 Flaherty & Hood Job evaluation points review 350.00 Grainger Equipment & supplies 1,418.86 Guardian Supply Uniform supplies 119.97 Helke Tree Service Tree Removal 2,700.00 Heroic Productions Gobo supplies 4,380.80 Hoisington Koegler Group Lumberjack Landing 5,904.38 Huebsch Service Mat cleaning service 346.21 Instrumental Research Oct water testing 250.88 Jefferson Fire Equipment 1,071.16 KorTerra Locate Mgmt 3,000.00 Kwik Trip Fuel 86.21 Loffler Arctic Wolf 75,672.74 Madden Galanter Hanson Labor Relation Services 1,480.00 Marshall Electric Brick St lift station repairs 175.00 Menards Supplies 1,096.80 Millz House Settlers Park Tennis Court 81,376.00 MK Mechanical Mechanical work at City Hall & Aiple 5,633.40 Pepsi Beverages Beverages 341.40 Quadient Leasing Mail machine lease 455.01 Quill Office supplies 87.89 Rainbow Treecare Borer injections 3,491.15 Ries Farms LLC Yard waste for composting 2,759.28 Robole Donna Reimburse for materials 23.62 Sherwin Williams Paint & supplies 182.95 St. Croix Recreation Fun Playgrounds Anez Park 5,995.90 Stillwater & Oak Park Heights CVB Lodging tax 157,031.62 Stillwater Fire Relief Assoc Fire State Aid 205,477.04 Stillwater Towing Towing service 150.00 Uline Paper 52.50 Water Conservation Leak locate 407.50 Xcel Energy Energy 28,041.07 TOTAL 2,591,520.56 Adopted by the Stillwater City Council this 15th day of November, 2022 Mayor Ted Kozlowski DATE: November 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of Extended Hours Permit for FIFA World Cup Water Street Inn and Brians DISCUSSION: Earlier this year Legislature pass a new law authorizing the City to issue special permits for service of alcohol during extended hours. The permit authorizes the sale of alcoholic beverages 30 minutes before, during, and 30 minutes after a scheduled broadcast of a live World Cup match. Only holders of an existing on-sale intoxicating liquor license or 3.2% malt liquor license are eligible for the extended hours. Two businesses have submitted an application for this new permit: DBD Partners, Inc. dba Water Street Inn located at 101 Water St S submitted an application for 2022 Two Brian’s LLC dba Brians located at 219 Main St S submitted an application for 2022 and 2023. RECOMMENDATION: Staff recommends both of these businesses be approved for the extended hours permit continquent upon their exisiting on-sale intoxicating liquor license be in good standing with the City of Stillwater. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of an Extended Hours permit to DBD Partners, Inc. dba Water Street Inn for 2022 and Two Brian’s LLC dba Brians for 2022 and 2023. DATE: November 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Loop Trail Snow Clearing – Joint Powers Agreement DISCUSSION Last year, the City and St. Croix County had an agreement where the City would remove snow on the Wisconsin side of the Loop Trail over the winter season. St. Croix County would like continue with the arrangement for the 2022 – 2023 winter season. Conditions of the agreement, include a $210 payment to the City for each time the trail is cleared, bare pavement is not required. No salt will be used on the trail (including Houlton Hill), and the last priority of clearing for the City. The terms of the agreement are for one year. RECOMMENDATION Staff recommends that the Council review and approve the Joint Powers Agreement between St. Croix County, Wisconsin and the City of Stillwater, Minnesota for the Loop Trail Snow Removal. ACTION REQUESTED If the Council agrees with the recommendation they should pass motion approving the Joint Powers Agreement between St. Croix County Wisconsin and the City Of Stillwater Minnesota for the Loop Trail Snow Removal for 2022 – 2023 season. 1 JOINT POWERS AGREEMENT BETWEEN ST. CROIX COUNTY, WISCONSIN AND THE CITY OF STILLWATER, MINNESOTA FOR THE LOOP TRAIL SNOW REMOVAL THIS AGREEMENT (“Agreement”) is made this 16th day of November, 2022, by and between the City of Stillwater, Minnesota (“Stillwater”) and St. Croix County, Wisconsin (“St. Croix County”), hereafter collectively referred to as “Parties.” WHEREAS, St. Croix County, Wisconsin and Washington County, Minnesota are recognized as “border counties” of a “physically adjacent state,” as defined by Wisconsin Statutes §§ 175.46(1)(a) and 175.46(1)(d); and WHEREAS, the City of Stillwater, Minnesota is located in Washington County, Minnesota and meets the definition of “political subdivision” as set forth in Wisconsin Statute § 175.46(1)(e); and WHEREAS, Minnesota Statute § 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties; and WHEREAS, there is a public trail that was constructed in both Stillwater and St. Croix County, which is depicted on Exhibit A (“Loop Trail”) that requires snow removal; and WHEREAS, Stillwater and St. Croix County clear snow on certain public rights of way within their jurisdictions for the safety of their citizens; and WHEREAS, Stillwater and St. Croix County desire to have an agreement for snow removal for the Loop Trail to extend these services beyond their jurisdictions; and NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and subject to the provisions of Wisconsin Statute § 175.46, Minnesota Statute § 471.59, and all other applicable statutes, rules and regulations, Stillwater and St. Croix County agree as follows: Article I Snow Removal Services 1.1. Stillwater Public Works Director or designee hereby agrees to provide snow removal services for the portions of the Loop Trail as modified by and pursuant to the specifications articulated on Exhibit B (“Specifications”). Article II Prioritizing Services 2.1 It is the express understanding of the Parties that the first priority of Stillwater is to provide snow removal services within its own jurisdiction. It is understood that the Services contemplated in this Agreement shall be provided only after Stillwater has met its obligations 2 for snow removal services and only if it does not jeopardize the snow removal services provided within its jurisdiction. Article III Payment 3.1 Stillwater shall submit itemized bills for Services provided to St. Croix County on a monthly basis. St. Croix County agrees to pay Stillwater for the Services provided pursuant to the Payment Schedule which is articulated on Exhibit B. 3.2 Payment shall be due and payable within 30 days following receipt of an invoice from Stillwater for Services rendered. Article IV Liability 4.1 Stillwater shall be responsible for damages to or loss of its own equipment. Stillwater waives the right to bring a claim against St. Croix County for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers or employees. 4.2 For purposes of determining total liability for damages pursuant to Minnesota Statute § 471.59 (for activities in Minnesota) or pursuant to Wisconsin Statute § 893.80 (for activities in Wisconsin), the Parties are considered a single governmental unit and the total liability of the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes § 466.04, subd. 1 or Wisconsin Statute § 893.80. 4.3 No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to the other Party as described in this Agreement. 4.4 Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable state or federal benefits to personnel who respond or render assistance while providing the Services contemplated herein and sustain injury or death in the course of, and arising out of, their employment under this Agreement. Article V Insurance 5.1 During the performance of the Services under this Agreement, Stillwater shall maintain the following insurance: a. General Liability Insurance, with a limit of $1,500,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; 3 b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Stillwater shall furnish the St. Croix County with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to St. Croix County. St. Croix County shall be named as an additional insured on the Commercial General Liability Insurance policy. Article VI Data Practices 6.1 Notwithstanding Minnesota Statute § 13.82, subd. 24, Wisconsin Statute § 19.35, or any other provision of law, the Parties agree that for purposes of the Minnesota and Wisconsin Government Data Practices Acts and all other statutes and provisions of law related to data practices, data management and records retention, each Party shall remain the exclusive responsible authority for its own data management, for responses to data requests and for all aspects of records retention for any and all data that is collected, created, received, maintained or disseminated by the Party as a result of any activity arising out of this Agreement. Article VII Term 7.1 This Agreement shall commence (“Commencement Date”) upon the last date it is approved by one of the Parties. 7.2 This Agreement shall remain in full force and effect for a period of one (1) year from its Commencement Date, unless terminated pursuant to Article VII or extended by written agreement of the parties. Article VIII Termination 8.1 Termination For Convenience. This Agreement may be terminated by either Party upon thirty (30) days written notice to the other Party. Such notice shall be delivered pursuant to Section 9.4. Termination shall not discharge any liability of the Parties during the term of this Agreement. 8.2 Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 4 Article IX General Provisions 9.1 Amendment. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same Parties who executed and approved the original Agreement, or their successors in office. 9.2 General Compliance. Both Parties agree to comply with all applicable federal, state and local laws and regulations governing any services provided under this Agreement. 9.3 Non-Discrimination. Both Parties agree to comply with the provisions of all applicable federal and state statutes and regulations pertaining to civil rights and nondiscrimination including, without limitation, Minnesota Statutes § 181.59 and Chapter 363A. 9.4 Notices. Notices shall be communicated to the following addresses: If to Stillwater: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Public Works Director Shawn Sanders Or e-mailed: ssanders@ci.stillwater.mn.us Calls or emails to St. Croix County regarding Services can be forwarded to Stillwater Public Works: 651 275-4100 or pubwrks@ci.stillwater.mn.us If to St. Croix County: St. Croix County 1101 Carmichael Rd. Hudson, WI 54016 Attn: Community Development Director Ellen Denzer Or emailed: ellen.denzer@sccwi.gov Calls or emails to City of Stillwater regarding other trail concerns, such as vandalism, should be sent to St. Croix County Community Development - Parks 715-716-0274 or 715-386-4680 or cdd@sccwi.gov 9.5 Delay In Performance. Neither Stillwater nor St. Croix County shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; blizzards; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure supplies, materials, accesses, or services required to be provided by Stillwater. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to 5 the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 9.6 Severability. Should a court of competent jurisdiction rule any portion, section or subsection of this Agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shall remain in full force and effect. 9.7 Assignment. This Agreement is not assignable without the mutual written agreement of the Parties. 9.8 Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. [remainder of page intentionally blank] 6 CITY OF STILLWATER ________________________________ Ted Kozlowski, Mayor DATE: ________________________________ ATTEST: ________________________________ Beth Wolf, City Clerk 7 ST. CROIX COUNTY, WISCONSIN _________________________________________ Ellen Denzer, Community Development Director DATE: ________________________________ A EXHIBIT A THE LOOP TRAIL B EXHIBIT B SPECIFICATIONS AND PAYMENT SCHEDULE SPECIFICATIONS Stillwater shall perform the Loop Trail Services according to the following Specifications: 1. Clear a 7-foot-wide path on the Loop Trail, from Minnesota/Wisconsin line on the new Highway 36 bridge easterly and northerly along the trail to the Minnesota shoreline on the Lift Bridge. 2. Includes overlooks on new Highway 36 bridge. 3. Includes the south side of the trail only on the Houlton Hill from the east side of the Lift Bridge in Wisconsin to the top of the hill. 4. Does not include parking lots at the Hilltop Trailhead, located at top of the Houlton Hill, or at Blue Star Trailhead, located southeast and across from the Houlton Elementary. 5. No salt or brine will be used on the Loop Trail. 6. Not a “clear pavement” policy, which means the trail will not be free of ice or snow at all times. 7. No ice control except on the Houlton Hill where only sand will be used. 8. Snow removal will only occur during normal work hours (Monday-Friday 7:00am to 3:00pm). 9. Earliest Loop Trail snow removal will begin 2 days after a snowfall event due to normal Stillwater city street priority public safety snow removal. 10. Snow removal may take more than 1 day to complete. 11. If any signage is needed relative to snow removal, the message, number of signs and locations will be jointly agreed to by St. Croix County and the City of Stillwater and St. Croix County Community Development will be responsible for purchase, installation, and removal. PAYMENT SCHEDULE 1. $200210/per event or call out – min. snowfall = 12” cumulative; generally average 25 15 events/year. (Cost includes equipment and staff time hourly rates – est. 2 hrs/event.) 2. Restoration/sweeping extra cost. 3. Monthly invoices should be emailed to both Ellen.Denzer@sccwi.gov and Denice.Kistner@sccwi.gov or mailed to St. Croix County Community Development Department, Attn: Denice Kistner, 1101 Carmichael Road, Hudson, WI 54016. DATE: November 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: CBD Retail Establishment License Approvals BACKGROUND The City received 3 CBD retail establishment license applications and two of them cannot meet the 50% gross retail sales requirement because they have not been able to stock their inventory sufficiently due to the moratorium that was in place. The third applicant can meet the 50% gross retail sales requirement but is not compliant with the zoning requirement. The City’s ordinance only authorizes 2 CBD retail establishment licenses. However, in the interest of fairness for calendar year 2023, in order to allow the two businesses attempt to establish their business and show 50% gross retail sales, yet acknowledge the one business that already meets the threshold, we recommend a one-year exception to allow 3 CBD retail establishment licenses. We will revisit this ordinance in one year to decide if any changes are needed at that time. ACTION REQUESTED Adopt the resolution approving licenses for CBD Retail Establishments for the following business: Stillwater Tobacco The Smoke Shop Plus CBD House City of Stillwater Washington County, Minnesota RESOLUTION 2022- A RESOLUTION ALLOWING THREE CBD RETAIL ESTABLISHMENT LICENSES WHEREAS, on Sept. 6, 2022, the City Council enacted licensing regulations for CBD retail establishments and began accepting license applications on October 1, 2022; and WHEREAS, there are certain criteria that must be met in order to apply for a CBD retail establishment license, including that more than 50% of the gross revenues must be from the sale of any CBD products or related devices; and WHEREAS, the ordinance states that no more than two CBD retail establishment licenses shall be issued at any one time and that if more than two applications are submitted, then a point system shall be used to determine which businesses are issued the two licenses; and WHEREAS, the City received three applications for a CBD retail establishment; and WHEREAS, the applications were received from the CBD House, Stillwater Tobacco and the Smoke Shop Plus; and WHEREAS, when reviewing and evaluating the applications, the following facts were determined to be relevant: Stillwater Tobacco is an existing business, the location is a legal conforming use, the owner is not a Stillwater resident and the application is complete; however, the applicant cannot show that 50% of the gross revenues are from the sale of any CBD products or related devices; The Smoke Shop Plus is an existing business with a new owner, the location is a legal conforming use, the owner is not a Stillwater resident, and the application is not complete because the owner does not yet have a signed lease or insurance (the applicant is waiting for this licensing approval); in addition, the applicant cannot show that 50% of the gross revenues are from the sale of any CBD products or related devices; CBD House is an existing business, the location is not a legal conforming use, the owner is not a Stillwater resident and the application is complete; however, the applicant can show that 50% of the gross revenues are from the sale of any CBD products or related devices; and WHEREAS, given the imperfect fact pattern above, in that: Two of the businesses cannot meet the main criteria of showing 50% of the gross revenues is from the sale of any CBD products or related devices because they could not increase their inventory of products due to the moratorium in place that would not allow them to expand; and One business can prove they meet the requirement that 50% of the gross revenues are from the sale of any CBD products or related devices but it is in a nonconforming zoning location, 2 WHERESA, then for this license year only (date of approval through December 31, 2023), an exception to allow the issuance of three licenses is fair, equitable and a reasonable resolution; WHEREAS, any businesses that desire to have a CBD retail establishment license for the license year 2024, including any of the aforementioned herein, must apply for a license, and in order to be considered, must show that 50% of the gross revenues are from the sale of any CBD products or related devices and in all other ways be eligible for a license. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize as follows: 1. The following three CBD retail establishment licenses are approved: a. Stillwater Tobacco b. Smoke Shop Plus, conditioned on receipt of a signed lease and proper insurance c. CBD House 2. This license approval for is valid from the date of passage (or for Smoke Shop Plus, until all conditions have been met) through December 31, 2023, 3. This license approval does not entitle the three license holders approved herein to any future license approvals. 4. All future license applications shall be evaluated, reviewed and decided based on the applications submitted under any laws and ordinances in place at the time of submission. Adopted by the Stillwater City Council this 15th day of November, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 Beth Wolf From:Larry Odebrecht Sent:Monday, November 14, 2022 9:49 AM To:Beth Wolf Subject:Fw: 11-15 city council meeting From: Dave Dornfeld <dorny75@gmail.co> Sent: Sunday, November 13, 2022 2:55 PM To: Larry Odebrecht <LOdebrecht@ci.stillwater.mn.us> Subject: 11‐15 city council meeting [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. I understand at this Tuesday City Council meeting the City Council and Mayor are considering staffing for the Fire Department and Police Department. Apparently there was a study completed with recommendations to hire more staff. We, like everyone do get concerned with higher taxes, however public safety is of utmost importance at this point in time for our society and more importantly our city. Are their areas within our city that can be run more efficiently? Are their nice to have programs that we can not afford at this time? Just last night we had our house egged along with several of our neighbors. It occurred between 12:30 and 1 a.m. as a few neighbors had 4 people on their home security coming into and then leaving our street. We have no kids in school so that is not the reason we were targeted. They were obviously looking to cause trouble. We know for a fact there were 2 Stillwater police officers on duty during the weekend which seems crazy with the bar activity that need policing along with the residential areas. One DWI arrest will take a law enforcement officer off the road for at least two hours. Now having a house egged is not the end of the world however we believe the target were a couple vehicles parked in driveways but for some reason they threw eggs then ran out of the cul de sac. I believe the majority of Stillwater residents support the local police and want a sufficient number of officers on duty throughout the week and weekend. Please support increasing the staffing for the Stillwater police department. In addition, please share our concerns with your fellow council members and the Mayor. Broken window policing does work and will stop more serious crimes in the future. Thank you Dave and Deb Dornfeld FYI 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 November 15, 2022 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 1.9:00 Roll Call Pledge of Allegiance 2.9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3.9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A.Approval of the October 25, 2022, and November 1, 2022, County Board meeting minutes. B.Approval of voting delegates for the 2022 Association of Minnesota Counties Annual Meeting to be held December 5-7, 2022. C.Approval of voting delegates for the 2022 Minnesota Counties Intergovernmental Trust Annual Meeting to be held December 5, 2022. D.Approval to appoint Amanda Meyer to a partial term as a Municipal Government Representative on the Groundwater Advisory Committee, with the term expiring December 31, 2023. E.Approval to appoint Elizabeth Finnegan to a partial term as a Municipal Government Representative on the Groundwater Advisory Committee, with the term expiring December 31, 2023. F.Approve a new policy entitled Compensation and Benefits Policy for Elected Department Heads and Appointed Leadership. G.Approval to modify Personnel Rules and Regulations Section #2 - Definitions. H.Approval to modify Personnel Rules and Regulations Section #5 - Compensation. I.Approval to modify Personnel Rules and Regulations Section #10 - Employment Separation. J.Approval to modify Personnel Rules and Regulations Section #16 - Leaves of Absence. 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 Consent Calendar continued 5. 9:30 6. 10:15 Public Hearing - Administration and Public Works - Janna Oman, County Budget/Financial Analyst and Wayne Sandberg, Public Works Director A. Conduct a Public Hearing on the 2023-2027 Capital Improvement Plan (CIP). Public Works - Andrew Giesen, Engineer II (item A) - Lyssa Leitner, Planning Director (item B) A. 1. Adopt a resolution to enter into Agreement No. 1050364 with the State of Minnesota to transfer the jurisdiction of Minnesota Trunk Highway 96 within Washington County. 2. Approve Jurisdictional Transfer Agreement No. 1050364 with the State of Minnesota. B. 1. Approval of Contract No. 15080 with Bolton & Menk for an amount not to exceed $249,724 to complete the scope of work for the Trunk Highway (TH) 61 Corridor Visioning and Jurisdictional Transfer Study. 2. Approval of Cooperative Agreement No. 15081 with the City of Hugo for a $50,000 lump sum contribution for the TH 61 Corridor Visioning and Jurisdictional Transfer Study. 4. 9:10 Public Hearing - Administration - Jan Lucke, Deputy County Administrator A. Conduct a Public Hearing to consider revisions to the Washington County Fee Schedule, Policy No. 1032. K. Approval to modify Personnel Rules and Regulations Section #23 - Performance Evaluation. L. Adopt a resolution to acquire right-of-way, permanent roadway easements, drainage and utility easements, and temporary easements as a part of the road reconstruction of County State Aid Highway 33 (Everton Avenue North) in the City of Forest Lake. M. Adopt a resolution to acquire right-of-way, permanent roadway easements, drainage and utility easements, and temporary easements as a part of the realignment of County Road 61 (120th St/Myeron Road) at County State Aid Highway 15 (Manning Avenue) in Stillwater Township. N. Adopt a resolution authorizing the Washington County Sheriff's Office to accept a donation from the Hugo Lions Club in the amount of $5,050 for the Water Recovery team. 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 B. Adopt a resolution to approve the 2023 salary for the County Administrator. C. Adopt a resolution to approve the 2023 County Commissioners' salaries, expenses, and benefits. D. Approve revisions to Policy #6010 Commissioner Equipment and Technology Stipend. E. 2022 General Election Update 8. 11:15 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. 11:30 Board Correspondence Executive (Closed) Session - Public Works A. Executive (closed) session pursuant to Minn. Stat. 13D.05 subd. 3(c) to review the appraisal, negotiation efforts, and proposed settlement for the property located at PID 08.028.21.23.0012 in regards to the potential purchase for the Washington County West Central Service Center. 11. 12:00 Adjourn 12. 12:00-12:15 Break 13. 12:15 14. 1:00 Board Workshop with Human Resources A. Update on Diversity, Equity and Inclusion (DEI) Program Board Workshop with Property Records and Taxpayer Services A. Discuss proposed 2023 property taxes 7. 10:45 General Administration - June Mathiowetz, Senior Planning (item A) - Kevin Corbid, County Administrator (items B, C, and E) - Jan Lucke, Deputy County Administrator (item D) A. Adopt a resolution to approve a County Land and Water Legacy Program contribution, conservation easement, purchase agreement, and state grant agreement, to acquire an approximately 79-acre conservation easement on the Scott property in May Township. 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING November 15, 2022 SPECIAL MEETING 5:00 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Presentation of Police Department Operations Study 2. 2023 Staffing Considerations IV. RECESS REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. CANVASS OF MUNICIPAL ELECTION – available Tuesday IX. RECOGNITIONS OR PRESENTATIONS X. OPEN FORUM – open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator XII. 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. 11. November 1, 2022 closed session and regular meeting minutes 12. Payment of Bills 13. CBD Establishment Licenses – available Tuesday 14. Downtown Parking District Credit Card Kiosks 15. Liquor and Tobacco License Renewals for 2023 – Resolution 16. Liquor License for Lolito Cantina – Resolution 17. Lumberjack Landing Vegetation Management Agreement 18. One-Ton Truck Purchase Request 19. Stillwater Lift Bridge Tender Parking – Resolution 20. Terra Springs Certificate of Completion – Resolution 21. Tobacco License for Stillwater Smoke Shop Page 2 of 2 City Council Meeting Agenda November 15, 2022 22. Well #11 Reservoir Repair Agreement XIII. PUBLIC HEARINGS – None XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 23. 2023 Sidewalk Project Along Maryknoll Drive Feasibility Study XVI. COUNCIL REQUEST ITEMS XVII. ADJOURNMENT DATE: November 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Police Operational Review BACKGROUND The City engaged BerryDunn to conduct an operational review of the Police Department. The report covers operational, staffing and logistical functions of the Police Department. Due to the comprehensive nature and length of the report, it has been sent under separate cover. Attached to this Memo is the PowerPoint summary of the report's findings and information. Requested Action: Review, discuss and ask questions about the report summary. November 15, 2022 Key Staffing and Operations Review 2 Introduction Methodology Patrol Investigations Other Key Recommendations Questions Agenda 3 Project Areas A workload-based analysis on staffing levels for patrol A workload-based analysis on staffing levels for investigations A review of other sworn and non-sworn positions and staffing needs Future staffing projections A review of targeted operational aspects of the department, assessed independently for the agency and in comparison to prior police agencies studied and industry best practices Methodology Introduction and Overview 4 Methodology Gather Data CAD/RMS Other Sources Analyze the Data Workload Model 30 –30 –30 –10 Patrol 5 This table reflects the cumulative average leave totals for patrol officers. Patrol Availability (Table 2.11) *Study Annual Paid Hours 2080 Averages Leave Category Vacation 136.08 149 Illness/Sick 129.34 45 COMP Used 53.58 32 Holiday 88.57 99 FTO 9.75 Military Leave 0.00 14 Fitness Time Off 4.59 Admin Leave with Pay 20.00 Funeral 0.56 FMLA 0.00 Leave Without Pay 0.00 Jury 0.63 Training 125.00 60 Subtotal (minus)568.10 Average Annual Availability (Hours)1512 1,674 6 Patrol officers manage most of the workload. Supplanting hours are considered in the overall total. Patrol Work Effort (Table 2.2) Unit Hours on Call Patrol Community Officer Total Patrol 3272:31:29 239:06:48 3511:38:17 Supplemental Patrol Community Officer Total Sergeant 1191:44:34 223:02:48 1414:47:22 Downtown 88:39:48 33:16:31 121:56:19 Non-SPD Unit 1008:37:13 466:13:07 1474:50:20 Subtotal 2289:01:35 722:32:26 3011:34:01 Investigations and Task Forces Community Officer Total Detective 48:01:00 48:01:00 Non-Patrol Community Officer Total Captain 132:43:29 111:05:50 243:49:19 Chief 3:43:12 0:04:20 3:47:32 CSO 126:41:41 126:41:41 Extra Duty 16:36:31 3:00:25 19:36:56 Post 5:54:11 0:33:03 6:27:14 Reserve 3:57:03 0:55:16 4:52:19 SWAT 4:07:36 4:07:36 Toward Zero Deaths (TZD)3:27:56 18:00:08 21:28:04 Unknown 41:42:08 41:42:08 Subtotal 338:53:47 133:39:02 472:32:49 Grand Total 5948:27:51 1095:18:16 7043:46:07 7 CFS Volumes by Hour (Figure 2.5) 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Community 321 263 274 171 158 161 219 343 525 625 710 739 700 751 771 841 840 737 701 636 640 570 539 445 Officer 101 62 64 30 15 10 5 14 19 45 19 37 41 63 68 81 84 25 38 136 162 201 137 145 0 100 200 300 400 500 600 700 800 900 VolumeHour of the Day CFS by Hour Community Officer 8 Patrol Annual Leave Totals (Figure 2.4) 0.00 5.00 10.00 15.00 20.00 25.00 30.00 35.00 40.00 45.00 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Average Patrol Leave Usage Annual Leave/Holiday/COMP Sick Leave 9 Obligated Workload Calculations (Table 2.16) Literal Explanation and Formula Model 1 Model 2 Model 3 A -1 Patrol Unit Obligated Hours -Community CFS 3,183.00 3,183.00 3,183.00 A -2 Backup Obligated Hours 2,211.00 2,211.00 2,211.00 A -3 COVID-19 Factor (10%)539.40 A -4 NULL Value Volume (25% of 3,298 hours)824.50 A -Total 5,394.00 5,933.40 6,218.50 B Available Hours per Officer 1,512 1,512 1,512 C Authorized Strength in Patrol 10.00 10.00 10.00 D Current Patrol Hours Available (B*C)15,119.00 15,119.00 15,119.00 E Current % Obligated to Citizen CFS (A/D)35.68%39.24%41.13% F Target Obligated Workload (30%)30.00%30.00%30.00% G Officer Workload Hours Available at 30% (B*F)453.57 453.57 453.57 H Patrol Officers Required to Meet Target Workload (A/G)12 13 14 I Additional Primary CFS Response Officers Needed (H minus C)2 3 4 10 Daily Officers Required by Shift (Table 2.18) Daily Shift Needs Primary Backup Total Officer Available Daily Officers Min/Day Min/Day Min/Day Min/Day Required 0900-2100 322 216 538 216 2.5 2100-0900 201 148 348 216 1.6 11 Methodology Caseloads Personnel Data Interviews Observations Survey Investigations 12 This table reflects the cumulative average leave totals for investigators. Investigations Availability (Table 3.2) Study Annual Paid Hours 2080 Average s Leave Category Hours Hours Vacation 188.88 137 Illness/Sick 115.56 33 COMP Used 17.63 20 Holiday 25.00 53 Military Leave 0.00 3 On the Job Injury Leave 0.00 10 Bereavement 3.50 FTO COMP Time Off 0.06 Flex Time Off 9.80 Training 79.00 66 Subtotal (minus)439.43 Average Annual Availability (Hours)1640.57 1,734 13 Cases Referred to Investigations (Table 3.3) Assignments by Unit 2020 2021 Two-Year Avg. General/Audit 142 118 130 Juvenile/SRO 41 37 39 14 Investigations Capacity per Detective (Table 3.5) Investigation Unit *Cases Assigned **Number of Detectives Annual Cases per Detective Monthly Average per Detective Average Available Hours per Year Average Hours Available per Month Average Hours Available per Case General / Audit 142 2 71 6 1640.57 136.71 23.11 Juvenile / SRO 41 1 41 3 1640.57 136.71 40.01 General /Audit (Adjusted)142 2 71 6 1416.30*118.03 19.67 15 Self-Reported Current and Preferred Caseloads (Table 3.7) Stillwater PD *Prior Studies Current National Current Stillwater PD Prior Studies Preferred National Preferred Investigations Caseload Current Avg.Avg.Preferred Preferred Avg.Avg. Fraud/Financial Crimes No Data 10 18 No Data 9 11 Homicide/Violent Crime No Data 12 15 No Data 7 9 Other Crimes Against Persons 8 15 18 6 8 12 Property Crimes No Data 18 18 No Data 8 11 General Investigations 8 10 14 10 6 9 Other Specialized Unit No Data 14 13 No Data 9 9 Task Force No Data 20 10 No Data 9 7 Vice/Narcotics No Data 20 11 No Data 19 7 16 Overall Recommendations •Add a .5 position •Adjusting case assignment and review protocols •Solvability factors •Patrol supervisor closures Investigations Summary 17 Highly ethical department, committed to community service Community policing oriented Striving to achieve best-practices Responsive and active in making adjustments and pursuing necessary changes to policies and practices Key Highlights 18 Manage and track effort/cost for large-scale events Review/revised business practices and RMS configuration Improve data collection for future analysis (patrol and investigations) Add staff based on recommendations Continued evaluation of patrol work schedule Collection of IPD Recruiting and retention plans Highlighted Recommendations 19 Add one CSO Add five patrol officers Add one .5 investigator (adjust SRO to full-time during school year) Support staff Staffing Summary berrydunn.com Manager: Consulting Team mweinzetl@berrydunn.com 207-842-8120 763-286-5623 Michele Weinzetl Questions and Further Discussion DATE: November 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: 2023 Staffing Discussion BACKGROUND The City has set the preliminary budget levy with a 9.817% increase over the 2022 budget levy. This can be decreased but not increased prior to the December 6th Truth in Taxation meeting. There were several items considered for the 2023 Budget but waiting for more information prior to making a decision. They were all regarding staffing changes for 2023. The City has just received the Operational Report on the Police Department and they have a request being considered for 2023 for two new patrol officers. In addition, there is a request for a Code Enforcement Officer in the Community Development Department. The justification for the Community Development Officer is attached to this report. The budget impact on the tax levy can be seen below: Two Police Officers - $247,524 or approximately 2.05% Code Enforcement - $90,831 or approximately 0.75% Requested Action: Review, discuss, ask questions and provide staff with direction for finalizing the 2023 budget for the Truth in Taxation meeting on December 6th. DATE: November 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: 2023 Budget Request – Code Enforcement Technician Background/Request The purpose of this report is to provide background support for the current request to add a Code Enforcement Technician as part of the 2023 Budget. This position would be shared between the Planning Division and Building Division of the Community Development Department. Previous/Existing Staffing Model (Assistant Planner/Zoning Administrator) Currently, Zoning Code Enforcement is handled primarily by the City’s Assistant Planner with regular support by the Planning Manager and Community Development. In 2018, this position was retitled as Zoning Administrator and became the primary contact for Zoning Code Enforcement. In 2022, the title was adjusted to Assistant Planner as part of a broader staffing analysis and recruitment strategy. It is important to note that although the title of this position did change with the most recent recruitment, there was no change in core duties related to code enforcement (if this new position is not approved, the current Assistant Planner will still be expected to be the primary point of contact for Zoning Code Enforcement). However, while being the primary contact for Zoning Code Enforcement, this position was also responsible for a number of other Planning and Zoning related activities such as Building Permit Review for Zoning Code Compliance and Land Use Application Review. Due to application levels, this position is expected to prepare reports to the Downtown Parking Commission, Heritage Planning Commission and Downtown Parking Commission. High level, the position was expected to generally split its time 50%/50% between Code Enforcement and Planning/Zoning Administration. Simply put, this position was spending far more than 50% of their time on code enforcement. Requested Staffing While it is true that the current Assistant Planner (formerly Zoning Administrator in title) is the current primary contact for Zoning Code Enforcement, the reality is that there is more service demand for the activities of this position than should reasonably be expected. Activity levels and case complexity have increased for both Code Enforcement, Building Permits and Land Use Applications. Additionally, those that submit complaints seem to have an increasing level of frustration about perceived lack of resolution. This is on top of the complexity of resolving a violation with the actual Property Owner. Even prior to the COVID Pandemic, code enforcement complaints were generally increasing in numbers and complexity, a trend accelerated during the COVID Pandemic that is not showing any signs of decreasing. Finally, it is evident that the City Council desires that the Community Development Department improve the customer service experience for all of our customers. Additionally, the City Council has tasked the Community Development Director with developing and implementing a new economic development strategy. In order to maintain this trend of process improvement and customer experience, Staff recommends this additional position so that other Staff can delegate these code enforcement activities to focus more on Applicant Support. Currently, Staff is generally limited to shorter, less effective interactions that often give the impression of poor quality of service. Planning Division Staff is working hard on process improvement to make for a more effective team that reduces the need for future staff additions. However, it has become increasingly difficult to even focus staff resources on process improvement due to the number of hours required to process routine applications and code enforcement complaints. Investing in this proposed Code Enforcement Technician will accelerate the process and customer experience improvements. Below is an Organizational Chart that shows the overall structure of the Community Development Department. Community Development Director Overall Department Leadership Economic Development Initiatives Downtown Parking Strategy Long Range Planning Planning Manager Leadership for Planning Division Primary Backup to CD Director Current Planning/Zoning Administration Heritage Preservation Commission Planning Commission Assistant Planner Primary Daily Customer Contact Building Permit Review Land Use Application Review Administrative Zoning Approvals Code Enforcement Administrative Assistant Customer Service Application Coordination Commission Support Short Term Home Rental Licenses Code Enforcement Position Primary Objective The primary objective of this position is to provide support duties to the Community Development department in the area of code enforcement. This position performs code enforcement inspections and follow-up on zoning and nuisance housing related activities. Primary service goals include providing cost-effective means of enforcing city code as it relates to violations of the City’s nuisance and zoning ordinances. Serves as a resource and provides information on City regulations to property owners, residents, businesses and the general public and other City departments and divisions. Position Description • Coordinate General Administration of City’s Code Enforcement Program (10%) o Perform a variety of field and office work in support of the City’s local code enforcement programs. o Maintain a database of all code enforcement activities o Send notices and corrective actions as needed to nonconforming properties o Report regularly to Supervisor, Department Head, City Administrator and City Council on code enforcement activities o Maintain thorough familiarity with the Stillwater City Code o Confer with the public both in person and via telephone regarding land use code enforcement (e.g. City staff, the general public, applicants, developers, and their representatives with zoning inquiries, proposals, and applications). Explain requirements/procedures and direct the individual(s) to the proper agencies or city staff for other needed permits. o Enforces land use and zoning ordinances, regulations and other related laws which do not require a licensed police officer and are nonhazardous to personal safety. • Coordinate Enforcement of Zoning & Public Nuisance Codes (exterior conditions) (40%) o Respond to complaints of violations of Zoning Code and Public Nuisance Code o Inspect properties for compliance with applicable City Code o Mediate solutions for compliance with nonconforming properties and set expectations with neighbors and complainants o Send notices of violations and/or administrative citations and coordinate abatement (cleanup) activities o Assist with administration of rental license program and follow up with properties operating without a license • Work with the City’s Building Official to Coordinate Enforcement of Property Maintenance Code (40%) o Respond to complaints about condition of buildings and structures o Mediate solutions for compliance with nonconforming properties and set expectations with neighbors and complainants o Send notices of violations and/or administrative citations and coordinate abatement (cleanup) activities o Assist with rental licensing and rental licensing inspections o Assist with following up on projects operating without permits • Assist with the implementation of the City’s Rental License Program (5%) o Assist with compliance of the City’s current Short Term (Vacation) Home Rental License Program o Assist with the exploration of expansion to include Long Term Rental Licensing, per the City Council’s Strategic Plan • Assist other departments with the Code Enforcement Process as needed (5%) o Aid the City by maintaining a central database of all violations and corrective actions o Assist with sending notices of violation, administrative citations, etc. o Coordinate abatement (cleanup) activities Knowledge, Skills, and Abilities Required: • Ability to inspect and identify violations of applicable codes and ordinances • Knowledge of principles and procedures of record keeping • Knowledge of modern office procedures, methods and equipment use • Working ability to prioritize assignments • Considerable ability to work well with others • Good organizational skills • Working ability to solve problems • Working knowledge of Microsoft Office applications • Working knowledge and ability to utilize code enforcement software modules • Good written and oral communication skills • Detailed oriented • Ability to respond to inquiries, complaints and requests for service in a fair, tactful and firm manner. • Ability to interpret and enforce municipal codes in a professional and courteous manner, while being firm and fair when enforcing provisions of the municipal code. Minimum Qualifications • High School Diploma or equivalent • One year of work experience involving a high level of public contact including customer service • Valid Driver’s License Desired Qualifications • Post-High School Degree or Certificate in Planning/Zoning or Building Inspections • 1-3 years of previous experience working in a Community Development (Planning/Zoning or Building Inspections) department or 1-3 years of previous work experience as a Community Service Officer (CSO) or Code Enforcement Officer. PREVIOUSDESCRIPTIONPOSITION DESCRIPTION Employee name: Graham Tait Job Title: Department: City Zoning Administrator Community Development Reports To: Supervises: FLSA Status: Community Development Director NIA Exempt Bargaining Unit: Effective Date: AFSCME May 2018 POSITION SUMMARY To assist the Community Development Department specifically with the regulatory administration and enforcement of land use and development codes; and generally to assist the department with its other operations. JOB DUTIES OR ESSENTIAL FUNCTIONS The essential functions of the position include, but are not limited to the following: 75% Regulation Administration and Enforcement • Maintain thorough familiarity with the Stillwater Zoning Ordinance and related land use regulations and forms. • Confer with the public both in person and via telephone regarding land use code enforcement ( e.g. City staff, the general public, applicants , developers, and their representatives with zoning inquiries, proposals, and applications). Explain requirements/procedures and direct the individual(s) to the proper agencies or city staff for other needed permits. • Serve as lead staff member for the resolution of all land use code enforcement actions. • Enforces land use and zoning ordinances, regulations and other related laws which do not require a licensed police officer and are nonhazardous to personal safety. • Assist in the review of planning division cases, the issuance of related permits, and the inspection of works in progress and of completed projects. • Review and issue fence permits, home occupation permits, chicken keeping permits, bee keeping permits , and completes any necessary follow-up inspections. • Review building permit applications for compliance with land use codes and any conditions attached to Council and/or Commission approval of the project. • Assist in the review of minor lot splits and lot line adjustments and may prepare written staff reports for various boards, commissions and the City Council. • Assist in the preparation of various tasks, studies and reports for boards, commissions and the City Council. PREVIOUSDESCRIPTION20% Department Operations • Plan and organize activities as assigned. • Serve as staff liaison to the Downtown Parking Commission ( attend meetings, respond to questions during and after the meeting, prepare reports, make presentations, prepare agenda). • Track progress of building permit review and issuance. • Assist Planning Division Secretary with case file organization and management. • Assist the Community Development Department by working closely with the Engineering and Public Works Department to integrate and manage GIS databases. 5% Other • Maintains a log of daily activities related to land use and code enforcement. • Writes reports detailing activities and actions; writes summary reports as directed by supervisor in relationship to activities performed. • Perform duties and accept other responsibilities as apparent or assigned. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. QUALIFICATIONS Education • Bachelor's degree in city planning, urban studies/design/geography, landscape architecture or related field. Experience • Previous experience is beneficial, but not required. 1-2 years related experience is preferred. Knowledge, Abilities and Skills • Considerable knowledge of state and federal legislation related to planning and zoning. • Knowledge of planning principles and practices as they relate to development review and comprehensive planning. • Ability to read and interpret legal documents, including legal descriptions and plats. • Knowledge of personal computers including windows based word-processing applications, database entry and management, and Geographic Information Systems (GIS). • Ability to prepare and present planning reports in an objective and professional manner. • Ability to find solutions to simple and complex planning problems. • Good interpersonal skills which enable effective working relationships with City staff, City officials and community members. • Ability to establish and maintain effective working relationships with other City employees, City Boards, Commissions and the City Council, and the general public. • Effective written and oral presentation skills. • Creative Problem solving abilities related to finance, physical planning and development. • Ability to conduct research. City Zoning Administrator 2 PREVIOUSDESCRIPTIONSpecial Requirements A valid driver's license. COMPLEXITY Work requires many different processes and methods applied to an established professional or technical field. RESPONSIBILITY Supervision Needed: This position either (a) carries out work with minimal supervision (i.e., the supervisor sets only goals, priorities, and deadlines; and the employee uses guidelines that cover most situations), or (b) follows the supervisor's directions on methods and desired results but modifies methods to resolve unforeseen situations and problems. Supervision Given: This is a nonsupervisory position with moderate coordination of work with other individuals. Impact: Work affects the overall efficiency and image of the organization. REQUIRED PHYSICAL ABILITIES AND WORK CONDITIONS The physical demands and work conditions described here are representative of those that must be met by an individual to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Hazards: While performing the duties of this job, this position: Moderately strenuous -Occasionally runs, and/or Frequently Climbs up to 50 steps, and/or Continuously Balances, Bends/Stoops, Kneels, Crouches, Squats, Crawls, Stands, Walks, or Reaches above shoulder level, and/or Exerts up to 50 pounds of force occasionally, and/or up to 30 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects. Surroundings: Low Risk -Exposure to inside environmental conditions where it is adequately lighted, ventilated and heated, and normal precautions must be observed. The above statements are intended to describe the general nature and level of work being performed by individuals employed in this job. They are not intended to be an exhaustive list of all duties and qualifications required of personnel in this job. The employer reserves its right to change the job City Zoning Administrator 3 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES November 1, 2022 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:34 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht Absent: Councilmember Polehna 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 IT Manager Holman Library Director Troendle OTHER BUSINESS Presentation of Fire Department Operations Study Fire Chief Glaser introduced BJ Jungmann and Dr. Steve Knight (via Zoom), Fitch & Associates, to present the Community Risk Assessment and Standa rds Report regarding Fire Department operations. Mr. Jungmann reviewed the data on responses, call types, and peak times. He noted that the number of vehicles responding to EMS calls and fire calls is low, but the average response time is 7.7 minutes which is relatively good. The 90th percentile response time for fire calls is 11.3 minutes overall, a good response time given the entire geographic response area. The ambulance response time is 10.7 minutes. The Department can hit 90.94% of its call volume within 9 minutes travel time of the current facility. Looking at effective response force, for example, a structure fire takes 15 people to handle all critical tasks; currently the Department sends 9 and relies on mutual aid to fill in the other 6. For a cardiac arrest, the ideal response is 8 people; currently the Department sends 4 and Lakeview sends 2 leaving a gap of 2. The key is having a readily trained group of people available to respond at a moment’s notice. Fire Chief Glaser added that when a call comes in as a significant incident, all mutual aid partners are toned, but recycling people over and over becomes dangerous and it’s always uncertain how many people can respond to a mutual aid call. Mr. Jungmann stated that the struggle with recruitment and retention of paid on call staff is a national issue. He went on to describe staffing details and a staff survey which showed there is a good working relationship between paid on call and full time staff. However, a City Council Meeting November 1, 2022 Page 2 of 6 large number do not feel that there is adequate full time staff. He reviewed three staffing recommendations: 1) as funding is available, add 2 peak demand career staff to the weekday daytime; 2) monitor paid on call turnout by hour of the day and if it decreases, add 2 more staff; 3) continue to encourage paid on call staff to work career shifts and build relationships. The focus groups made it clear they did not want to go to the duty crew model, which would force them to work a certain number of hours. Mayor Kozlowski asked if there is merit to increasing the paid on call pay, and Mr. Jungmann replied a pay increase might bring short term gains, but does not appear to be sustainable in the long term. He summarized the other recommendations under Administration, Data, Operations, and Prevention. He offered five recommendations under the Dispatch category, which is provided by Washington County. Councilmember Odebrecht remarked that the data can be used to help make strategic planning decisions. It will not alleviate the FTE needs, but the City can become more intelligent with data and recognize that Washington County will be a big player in the future of the Fire Department. He commended the firm and the department on the report. Chief Glaser stated he is pleased with the report, data, and recommendations. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to accept the Fire Department Risk Assessment and Standards Report. All in favor. St. Croix Valley Rec Center Water Heater Purchase Request Doug Brady, St. Croix Valley Recreation Center Manager, stated that $15,000 capital outlay funding and $5,000 operating has been budgeted in 2023 to purchase a water heater. Total cost is $18,604 plus supplies and labor and expected delivery is 12 weeks. Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the purchase of a water heater for the St. Croix Valley Recreation Center. All in favor. STAFF REPORTS Public Works Director Sanders gave updates on the 2022 street project, Chestnut Street project, and stated the Rutherford tennis court resurfacing is completed. Police Chief Mueller stated Halloween and the Pub Crawl went well. Staff is ready for the Veterans Day Ceremony and beginning preparations for the World Snow Sculpting event. He gave staffing updates and stated the Emergency Management mitigation grant application was submitted. Fire Chief Glaser informed the Council that the DNR cancelled all open burning permits; controlled recreational fires are okay. Finance Director Provos noted the resolution for deferred assessments was revised. Community Development Director Gladhill stated the Downtown Parking Commission’s recommendation for parking fees will be presented at the December 6 meeting. The Passport Mobile phone app will be rolled out in the next 30-60 days. Free off season parking starts today. He gave department activity updates. City Clerk Wolf reminded the Council of a special workshop at 5 p.m. November 15. She reported that 131 residents participated in the mattress collection. 68 business City Council Meeting November 1, 2022 Page 3 of 6 liquor/tobacco/CBD licenses will be ready for review at the next City Council meeting. Elections are on Tuesday and canvassing of municipal results will be at the next City Council meeting. City Attorney Land stated she is working with staff on zoning amendments. City Administrator Kohlmann noted that Kraus Anderson has started the facility space needs analysis. Staff is looking at phasing out Zoom for Commission meetings. IT Manager Holman stated the 365 migration went well; Teams and OneDrive will be implemented next. Staff has met with Arctic Wolf on cybersecurity. An RFP for enterprise software is almost ready. The backup Comcast connection is complete. Library Director Troendle stated there is a photographer James Beck reception tonight with display through December. The Fall Book Sale will be November 9. Authors Sherri and Peggy Brenden will give a talk on November 14. RECESS Mayor Kozlowski recessed the meeting at 6:06 p.m RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:01 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht Absent: Councilmember Polehna 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 PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Stillwater Police Reserves Award Police Chief Mueller recognized Elizabeth Mortimer, Reserve Officer of the Year, and Sergeant Julien, Officer Mallet and Officer LeMoine for overseeing the program. OPEN FORUM Nance Purcell, 1017 Abbott West Street, voiced concerns about the Myrtle Apartment project that was approved October 4, despite pushback from the community. She understands that the project met all zoning regulations and the City attorney recommended that the City Council had no legal authority to deny the application. However other cities City Council Meeting November 1, 2022 Page 4 of 6 have suspended permits in advance of projects in which they would be forced to make compromising decisions for the City. She feels that the City Council had opportunities to suspend permitting in this situation as well. Councilmember Odebrecht voiced his agreement that the code is wrong, however the City Council was in a position where if it denied the project as proposed, a judge would order the Council to say yes to the developer at great expense to the City. He stated he hates the project, but it would be irresponsible to vote no and waste taxes on legal defense. He added that the City is revising zoning language. City Attorney Land explained that the developer was denied every time he came in front of the Council and Planning Commission requesting a variance. It was expected he would not be able to fit the rules, but he brought a project that did fit the rules. Once an application is in queue, the Council cannot call a moratorium or time out to study the issue. The Council’s only option was to approve it. Pat Kelly, 604 Myrtle Street, expressed concern about a failing retaining wall on his property at Martha and Myrtle Streets. When he purchased the property he assumed the wall was the City’s responsibility as it was part of the right-of-way, but after he had the garage built he learned the wall is actually on his property. He has done research showing that when the City reduces a grade, as it did in 1860-1880, it has a duty to provide lateral support for the soil. Through lack of maintenance on the wall and the slopes, several homeowners in the area have failed retaining walls. City Attorney Land confirmed that Mr. Kelly owns the wall, as opposed to it being in the right-of-way. The statute of limitations on the wall is long over. The erosion problem is on his property and he needs to address it. Louise Hansen, Rivertown Commons resident, stated the Halloween events went well. CONSENT AGENDA October 18, 2022 Regular Meeting Minutes Payment of Bills Dakota County Technical College Defensive Driving Training Contract Deferred Assessment for 2022 Street Project – Resolution 2022‐141 Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2022-60 to consider a New Home Design Permit and an appeal to the HPC decision of denial of the new home. Property located at 109 Martha St N Community Development Director Gladhill reviewed the case. The City recently approved a lot split of 516 Myrtle Street West to facilitate the construction of a new single-family dwelling. On August 17, 2022, the Heritage Preservation Commission (HPC) on a 4-2 vote denied the Design Permit for the construction of a new dwelling in the Neighborhood Conservation District, finding that the scale and mass of the building was not compatible with the surrounding neighborhood and Stillwater Design Guidelines, and that the proposal lacked four-sided design. The applicant is proposing a one-level 1,600 square foot home City Council Meeting November 1, 2022 Page 5 of 6 (building footprint) with a 1,000 square foot attached garage. Most surrounding properties have either a detached garage in the rear yard or a tuck under garage. The scale and mass of the proposed structure is accentuated by grade changes/topography along Myrtle Street. The proposed walkout basement exposed to Myrtle Street will require a change to grade. This grade is a steep slope with the high point over ten feet above street level at points. The natural topography will make the structure appear to be a larger scale compared to surrounding properties. The applicant could consider changing the walk-out basement to a full basement and keep the existing grade to reduce the appearance of scale and mass. The design guidelines allow for a more modern design, so long as the modern design is high quality. It is not the intent of the Design Guidelines to require new construction to match exact 1880s designs. Since the HPC meeting, staff has compiled additional data pertaining to scale and mass of surrounding properties, and the applicant has provided additional supporting information. Mr. Gladhill provided the Council their options to approve the appeal, deny the appeal, or table the application for further information. Mayor Kozlowski opened the public hearing. Lynn Thron, applicant, 109 Martha Street North, reviewed the history of the project and findings of the HPC for denial. She reviewed the many considerations and challenges they took when designing the home. They chose a one story hip structure because of the slope of the land. Two stories is not an option due to affordability and massing. The footprint is proportionate to the building site and neighborhood, and meets all setback requirements. The design is eclectic with a contemporary flair and most HPC members commented they are happy with the design. The architect took their comments and designed what he feels they were asking for, and is open to further redesign as long as they are not redesigning the entire home. They also have done a landscape design. They were confused about the massing comments shared at the HPC meeting, but feel the height and elevation fits well with neighboring properties. Michael Koch, PMI Homes, architect, stated that when they were first presented with the Design Guidelines document, it was overwhelming, but they did their best to follow the guidelines. He asked if he needed a more historic design and he was told early on, no. They did not ignore the massing, but took it into account. The home is not large. They presented the potential of not having a full walkout, but maybe half walkout with windows, but received no direction on that. The project easily met setback and surface coverage requirements. He commended the owners for their efforts. Mayor Kozlowski closed the public hearing. Councilmember Junker noted that the design manual states the house should follow the predominant pattern of the neighborhood, which in this neighborhood varies significantly. It is a very unique lot, he feels it is a gorgeous home and the lot will look better with this construction. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve the appeal of the Heritage Preservation Commission’s denial of the Design Permit for 109 Martha St N. All in favor. UNFINISHED BUSINESS There was no unfinished business. City Council Meeting November 1, 2022 Page 6 of 6 NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS There were no Council request items. CLOSED SESSION Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn to closed session pursuant to Minnesota Statute regarding Meetings Having Data Classified as Not Public (Minnesota Statute 13D.05, Subd. 3) on City Administrator’s Annual Review. All in favor. The meeting was adjourned to closed session at 8:05 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht Absent: Councilmember Polehna Also present: City Administrator Kohlmann, City Attorney Land, Human Resources Manager Robole Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to reopen the meeting. All in favor. The meeting was reopened at 8:30 p.m. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:30 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022‐141, Adopting Deferred Assessment for 2022 Street Improvement Project (Project 2020-02, LI 433) Page 1 CITY OF STILLWATER LIST OF BILLS 1-800-Bollards Baseplate carbon steel 2,938.16 1ST Line/Leewes Ventures LLC Snacks for concessions 606.00 Ace Hardware Supplies & equipment 717.37 Action Rental Inc. Mixing trailer and concrete 1,162.25 Adam's Pest Control Pest Control 170.00 Advance Auto Parts Supplies 51.63 Advanced Graphix Inc. Dasher board banner 113.75 AirFresh Industries Inc Portable restroom 265.00 Aqua Blast Sidewalk clean 675.00 AT&T Mobility 6813 FirstNet Locator 38.23 AutoNation Vehicle repair charges 952.55 Berwald Roofing Company Inc. Roof improvements - 1250 Main St S 4,000.00 Brightly Software Asset Essentials Core 3,306.97 Canteen Refreshment Services Concession supplies 509.26 Century Link Telephone 491.27 Century Power Equipment Chain loops 86.31 Cintas Corporation Uniforms & Towels 59.49 Cole Papers Supplies 169.54 Core & Main Valve parts 3,761.00 County Materials Corporation Cover 532.00 Crime Stoppers of MN 2023 Law Enforcement Partnership Program 200.00 Crysteel Truck Equip Chain unit 5,219.48 Dalco Supplies 1,656.36 ECM Publishers Public accuracy test 28.50 Emergency Medical Products Supplies 231.86 Esch Construction Supply Coring tool 292.00 Force America 5mb Flat Data Plan 320.00 Fury Motors Vehicle repairs 70.90 Gateway Cycle Bike tune up 239.97 Gertens Wholesale Plants 640.00 Goodyear Commercial Tire Tires 682.80 Gopher State One Call Inc. Locates 403.65 Grainger Carpet seam binder 193.03 Guardian Supply Uniforms & Supplies 1,266.79 Haussner Plumbing LLC Pioneer Park toilet repair 457.00 Heritage Printing Inc. Printing 260.60 Holiday Lighting & Design North side of bridge holiday lighting 9,498.33 Holiday Stationstores Circle K Vehicle washes 255.00 Huebsch Service Mat cleaning service 362.60 Jefferson Fire and Safety Inc. CMC harness 438.67 Johnson Controls Fire Protection LP Monitoring 606.59 Kath Companies Oilmaster 2,522.80 Kelly & Lemmons PA Prosecution 8,416.67 Kirvida Fire Inc. Fire Tanker repair 2,334.20 Landbridge Ecological Buckthorn overspray 3,200.00 LeVander Gillen Miller PA Professional Services 11,149.57 Lexipol LLC Annual Fire Policy Manual 4,790.30 Lincoln National Life Insurance Co COBRA Life Insurance 10.80 Page 2 Linde Gas & Equipment Cylinders 62.32 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Loffler Companies Misc Expenses 26,303.29 MacQueen Equipment Inc. Fire boots 567.33 Mansfield Oil Company Fuel 9,461.54 Menards Supplies 897.12 Metropolitan Council Monthly SAC 7,380.45 Metropolitan Council Environmental Wastewater Charge 171,634.30 MidAmerica Inc Remediation of Four Garbage Stalls 2,886.80 Midwest Machinery Co Equipment repair supplies 414.35 Miller Excavating Watermain repairs 658,878.58 Minnesota Occupational Health Drug screen 694.08 Minnesota Pump Works Greeley lift station repairs 854.93 MN Dept of Transportation Material testing & plant inspection 749.84 MP Nexlevel LLC Locating 854.20 Office Depot Office supplies 185.13 Olsen Chain & Cable Inc. Poly sling 79.92 Olson Patrick Allen Shadow box & frame 405.00 O'Neill Electric Equipment repair supplies 2,543.22 Otis Elevator Company Elevator contract 250.00 Parts Alliance North Equipment repair supplies 463.47 Pember Companies Chestnut St Plaza 550,744.02 Pepsi Beverages Company Beverages for concessions 640.55 Performance Plus LLC Medical exam 341.00 Peterson Austin Reimburse for shooting glasses & hearing protection 83.72 Pioneer Press St. Paul Subscription - Joe 335.80 Pro-Tec Design Computer equipment 873.61 Quill Corporation Office supplies 95.58 R&R Specialties Inc. Blade sharpening 330.00 Riedell Shoes Inc. Skates 525.69 Ries Farms LLC Dirt disposal 529.84 Ruud Cole Reimburse for certification and exam fees 100.00 Safe Fast Inc Jackets sweatshirts and bibs 1,694.22 Simplifile LC Filing fees 100.50 Springbrook Software Monthly UB web payments 870.00 St. Croix Boat and Packet Co. Aug & Sept Arena Billings 125,911.52 Stillwater Motor Company Vehicle repairs 55.41 T.A. Schifsky and Sons Sand mix 1,347.75 Taft Stettinius & Hollister LLP Abatement project - Manning Ave 1,450.00 Thomson Reuters Information Charges 162.86 TKDA Professional Services 58,783.81 Toll Gas and Welding Supply Cylinders 48.11 Total Parking Solutions Inc. Receipt paper 125.00 Uline Inc Table top and cabinet 702.20 US Bank Paying agent fees 550.00 Verizon Wireless Wireless Service 3,164.96 Voyant Communications Phone 545.14 Washington County Recorder Recording fee 46.00 WSB & Associates Inc. Speed Limit Plan & Policy 5,053.45 Zahl Petroleum Fuel System Upgrades 171,035.00 Page 3 LIBRARY 16 Wins Website Maintenance 380.00 A&K Construction Roof Upgrade 40,200.00 Ace Hardware Janitorial Supplies 55.10 Amazon Business Supplies 455.96 Brodart Co Materials 5,267.15 Cole Papers Supplies 188.42 Culligan of Stillwater Water 55.00 Ebsco Publishing Materials 4,927.88 ECM Publishers Bd Meeting Notice 19.00 Grainger Toilet Parts 191.07 Huebsch Service Towels & Rugs 223.17 Kaericher Jodi Staff Reimbursement 8.58 Master Mechanical Inc. Fall Preventative Maintenance 1,332.50 Otis Elevator Company Impact Fee 250.00 Per Mar Security Services Security Monitoring 462.11 Rosten Sarah Programs 407.40 Washington County Library Materials 5,140.43 Water Works Irrigation LLC Winterize Irrigation 180.00 When To Work Tech - Employee Scheduling 360.00 OCTOBER CREDIT CARDS Amazon.com Supplies 986.50 Apple iTunes App for JJurek & DMcClung 38.63 APWA Mgmt & Comm Certification 2,163.00 BCA Training Training 375.00 Best Western Kelly Inn Lodging for training 216.24 Courtyard by Marriot Hotel for BCA conference 322.14 Dream Host Website Hosting 21.45 Eagle Engraving Award pins 393.65 Ebay Processor 42.00 Eventbrite Training 686.88 Galls LLC Boots - Mueller 97.99 Gallup Store Online professional development assessment 526.05 Gertens Wholesale Flowers for city hall 84.41 Homeless Training Staff Training 1,149.00 Jiu Jitsu Five-O Training 299.00 Menards Online Tape measures 10.67 MN State Horticultural Society Materials - Periodicals 34.00 National Audubon Society Materials - Periodicals 30.00 New Horizons MN MS-700T00 Managing MS Teams 2,380.00 Paperless Post 1000 Coins - 150th Ball 100.00 ReUse Minnesota Conference registration 50.00 Sam's Club Open house supplies 359.13 DATE: November 15, 2022 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: Downtown Parking District Credit Card Kiosks BACKGROUND Earlier this year, the City Council approved a proposal from Passport Services to introduce a mobile phone payment option for Lots 1 and 2 as well as replace the existing mobile phone app in the Parking Ramp. Staff would recommend that, despite payments being completed primarily from the new mobile phone app, there is still a need for a credit card kiosk for those without access to a mobile phone (especially of the ‘smart phone’ variety able to run software applications). The lack of a traditional credit card kiosk is probably the top complaint about the system currently in the Parking Ramp. Additionally, the existing machines in Lots 1 and 2 are provided by two (2) separate vendors and have exceeded their expected life and in need of replacement. Finally, replacement of these machines also allows integration with the upcoming Passport Mobile Payment Application, based on License Plate Integration. Total Cost for three (3) machines is $26,700.00 (plus annual software/maintenance agreements). There is an adequate fund balance in the parking district accounts. The Downtown Parking Commission recommends approval of the purchase. ACTION REQUESTED Motion to approve the proposal from Total Parking Solutions to replace the existing credit card kiosks in Lots 1 and 2 and add a credit card kiosk to the Parking Ramp. City of Stillwater, MN Parking Equipment Proposal July 6th, 2022 Equipment 3 Cale CWT S4 Plus Card ONLY Touchscreen Terminals $ 26,700.00 Cabinet stainless steel construction - black, solar powered, 12V 80-amp battery, includes card reader, fully programmable 9” anti-glare touch screen display, vandal resistant Lexan protected, 4G modem and antennae, one roll receipt paper, instruction graphics, installation hardware, one year warranty on parts, shipping F.O.B. City of Stillwater, MN. Terminal programming and activation Included Total Equipment and installation $ 26,700.00 Cale “WebOffice” Central Management System Provides cellular communication for: • real time credit card payment processing, PCI compliant • alarms and warnings sent via SMS text or e-mail to owner and/or service technician • remote access to maintenance, statistical and financial reporting (built-in report generator can export data as Excel or PDF files) • remote enforcement via web-enabled device (i.e., Iphone, Droid, Ipad, laptop) • Pay by phone/app, LPR and enforcement related integration $ 80.00 per terminal per month, $ 960.00 per terminal annually TERMS AND CONDITIONS Delivery typically 10 to 12 weeks after order F.O.B. job site Payment Terms 50% billable upon placement of order, balance due upon completion of installation Notes Does not include any necessary concrete work Proposed by: Total Parking Solutions, Inc. Jesse Zawacki Account Specialist Accepted by: ______________________________________ Date ______________________________________ Title .. ··· . :.~:::·i=:= .. :::·: t {:,,,,,,;i;,:.:;~r~a~ D .·. :·.~:?:;::·::·.: Intelhgence WWW.FLOWBIRD.GROUP CWT Multi-Use Kiosks I MORE THAN A PAY STATION I Technical Specifications KEY HIGHLIGHTS COLOR TOUCH SCREEN STAINLESS STEEL - CORROSION RESISTANT MODULAR DESIGN GENERAL DESIGN MATERIAL 304 stainless steel; Powder coated with anti-graffiti design SIZE (HxWxD) 61.22” x 16.42” x 15.35” WEIGHT 229 pounds TEMP/HUMIDITY 0 ºF to 140 ºF (-31 ºF with main heater)/ Up to 97% humidity COLOR Standard - Black (Custom colors and wraps also available) COMPLIANCE EN 12414, CE, FCC, ISO 9001, ISO USER INTERFACE LIGHTING Front face lighting option available DISPLAY OPTIONS • 9” Color Touch Screen LANGUAGE Multiple languages supported CAPABILITIES • Multiple parking enforcement types (ex: pay by plate, space, and pay and display) • Other non-parking related options PAYMENT OPTIONS COIN PAYMENT • Up to 16 coins/tokens, three switch controlled, reprogrammable • Mechanical coin slot shutter with inductive loop BANK NOTE PAYMENT 4-way note insertion; single bill escrow CARD PAYMENT Magnetic stripe, EVM chip card, and contactless card acceptance OTHER Cashless configuration available COLLECTION • Electronic lock option • Coin canister capacity: 2,600 quarters • Bill stacker capacity options: 500 or 1,000 notes POWER SUPPLY • Battery (12 V DC) • Solar (12 V, 13.6 W) • Mains (230 V/115 V AC) SECURITY • 4 point locking system • Cash vault: 0.24” hardened steel, drilling protected locking latches TICKET • Thermo-electric printer, graphics supported, landscape or portrait. • Paper Roll: 2.95” - 5.90” Length, 2.24” Width; 3,000 per roll for 4” tickets COMMUNICATIONS GPRS, 4G LTE Cellular Modem REMOTE MANAGEMENT Connected to Flowbird back-office suite; rates are remotely configurable © 2018 FLOWBIRD GROUP. ALL RIGHTS RESERVED. 0001-01. DUE TO CONTINUAL PRODUCT DEVELOPMENT, SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. DATE: November 10, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Liquor and Tobacco License Renewals for 2023 Renewal applications for liquor and tobacco licenses have been received from the businesses listed on the attached resolution.Final application materials are being collected and background checks are being completed. Once approved, applications will be sent to Minnesota Alcohol Gambling Enforcement Division (AGED) for final liquor licesne approval and to Minnesota Department of Revenue for tobacco sales. AGED approvals for liquor licenses are required before staff can issue the license to the establishment. RECOMMENDATION Staff recommends approval of the liquor and tobacco licenses contingent upon receiving completed application materials and satisfactory investigation. ACTION REQUIRED If Council concurs with staff recommendation, they should pass a resolution approving the renewals of liquor licenses and tobacco license for 2023. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPROVING RENEWALS OF LIQUOR LICENSES AND TOBACCO LICENSES FOR 2023 WHEREAS, application for liquor and tobacco license renewals have been received by the businesses listed below; and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor and/or tobacco license according to the City of Stillwater, State of Minnesota Alcohol & Gambling Enforcement Division and Washington County Public Health and Environment. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewals of the businesses listed below with their respective licenses, as contingent above: DBA (Doing Business As) Licensee Name License Type(s) 3rd Street Post 3rd Street Post LLC On Sale; Sunday 45th Parallel Spirits LLC 45th Parallel Spirits LLC On Sale Cocktail Room; Sunday; Off Sale Acapulco Mexican Restaurant Acapulco of Stillwater Inc. On Sale; Sunday BP Gas Inc. BP Gas Inc. Tobacco Brian’s Two Brians, LLC On Sale; Sunday Brick and Bourbon Brick and Bourbon Stillwater, LLC On Sale; Sunday Cellars Wine & Spirits Northern Spirits Stillwater LLC Off Sale; Tobacco Cub Foods SuperValu Inc. 3.2% Off Sale; Tobacco Cub Wine and Spirits #1664 SuperValu Inc. Off Sale; Tobacco Domacin Wine Bar Domacin LLC On Sale; Sunday; Off Sale Forge and Foundry Distillery Forge and Foundry Distillery Company On Sale Cocktail Room; Sunday; Off Sale Freight House Freight House LLC On Sale; Sunday Harbor Bar EKS Inc. On Sale; Sunday; Tobacco Haskells Haskells Inc. Off Sale; Tobacco Holiday Stationstores, Inc. #442 Holiday Stationstores, LLC Tobacco Howard’s Bar Howards Bar Inc. On Sale; Sunday JX Event Venue JX Event Services LLC On Sale; Sunday Kwik Trip #415 Kwik Trip, Inc. Tobacco Lens Family Foods Lens Family Foods Tobacco Liberty Village Wine and Spirits Liberty Village Wine and Spirits, Inc. Off Sale; Tobacco Lift Bridge Brewing Company Lift Bridge Brewing Technologies, LLC Micro Brewer Off Sale; On Sale Taproom; Sunday LoLo American Kitchen LoLo American Kitchen LLC On Sale; Sunday Lora/Feller/The Long Goodbye/MADE Elevage Hotel Group, LLC and Elevage Management Group LLC On Sale; Sunday; Off Sale Lowell Inn St. Croix Boat and Packet Co. On Sale; Sunday 2 DBA (Doing Business As) Licensee Name License Type(s) Mad Capper Mad Capper Saloon and Eatery Inc. On Sale; Sunday Match Stick Restaurant 232, LLC On Sale; Sunday; Off-Sale Meister’s Bar and Grill Meister’s Bar & Grill of Stillwater, Inc. On Sale Mon Petit Cheri Mon Petit Cheri, LLC Wine w/Strong Beer Neighbor Stop E and K Convenience, Inc. Tobacco No-Neck Tony’s TJ Stillwater, LLC On Sale; Sunday Norman Quack Otherguys, LLC On Sale; Sunday North Hill Liquor North Hill Liquor Ltd. Off Sale; Tobacco Oak Glen Oak Glen Limited Partnership On Sale; Sunday Oasis Cafe, Inc. Oasis Cafe Inc. On Sale; Sunday O’Brien Wine & Spirits O’Brien Wine & Spirits Off Sale; Tobacco Osaka Express Osaka Express Inc. On Sale; Sunday P.D. Pappy’s Beach Blanket Bingo Inc. On Sale; Sunday Patriots Tavern Roman Market, Inc. On Sale; Sunday Portside Stillwater Holdings LLC On Sale; Sunday Quickfire Pizza L and L Companies LLC Wine w/Strong Beer River Siren Brewing Company River Siren Brewing Company LLC Micro Brewer Off Sale; On Sale Taproom; Sunday Rivertown Inn Rivertown Inn, LLC On Sale Wine Still Tobacco Northgate, Inc. Tobacco Stillwater Country Club Stillwater Country Club Inc. Club, Sunday Stillwater Event Center Stillwater K.C. Hall, Inc. On Sale; Sunday Stillwater Proper Stillwater Proper LLC On Sale; Sunday Thai Basil Thai Basil, Inc. On Sale; Sunday The Dock Koch Companies On Sale; Sunday The Grand St. Croix Boat and Packet Co. Wine w/Strong Beer The Lodge The Lodge at Stillwater, LLC On Sale; Sunday The Loft at Studio J The Loft of Studio J LLC On Sale; Sunday The Lumberjack The Lumberjack Company On Sale; Sunday The Lumberyard The Edge Performance Hockey Training Center Wine w/Strong Beer The Tilted Tiki The Tilted Tiki, Inc. On Sale; Sunday The Velveteen The Velveteen LLC On Sale; Sunday The Wild Hare Rusty Mile LLC On Sale; Sunday To Go Amoco Stillwater BP Inc. Tobacco Water Street Inn DBD Partners Inc. On Sale; Sunday; Tobacco Ziggy's On Main Stardust Endeavors LLC On Sale; Sunday Adopted by Council this 15th day of November, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: November 10, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a new On-Sale Liquor License with Sunday Sales for MAV Hospitality, LLC dba Lolito Cantina BACKGROUND Lolito’s is moving to a new location at 241 Main St N which was the former location of Marx Wine Bar & Grill. When a business with an existing liquor license moves locations they are required to apply for a new license. Therefore, MAV Hospitality, LLC has submitted an application for an on-sale with sunday sales intoxicating liquor license for 241 Main St N. RECOMMENDATION Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the issuance of a new On-Sale Liquor License with Sunday Sales for MAV Hospitality, LLC dba Lolito Cantina at 214 Main St N, contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. City of Stillwater Washington County, Minnesota RESOLUTION 2022- APPROVING ISSUANCE OF NEW ON-SALE LIQUOR LICENSE WITH SUNDAY SALES TO MAV HOSPITALITY, LLC DBA LOLITO CANTINA WHEREAS, an application has been received for the issuance of an On-Sale Liquor License with Sunday Sales to MAV Hospitality, LLC dba Lolito Cantina, located at 241 Main St N; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of a new On-Sale Liquor License with Sunday Sales conditioned upon approval from Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). Adopted by the Stillwater City Council this 15th day of November, 2022. CITY OF STILLWATER _________________________ Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: TO: FROM : November 9, 2022 Honorable Mayor and City Councilmembers Shawn Sanders, Director of Public Works SUBJECT: Lumberjack Landing Vegetative Management Cooperative Agreement. BACKGROUND One aspect of the North Aiple Park Master Plan now called Lumberjack Landing was to create and implement a vegetative management plan for the 15-acre site. Over the past year, Great River Greening completed the plan and has also secured funding in the amount of $102,000 from Outdoor Heritage Funds for implementation. Implementation items include Invasive species removal, native species establishment, and volunteer coordination over a five-year period on the site. In order to proceed with implementation, Great River Greening has prepared a cooperative agreement which has been reviewed by the City Attorney. One condition of the agreement is City contribution not to exceed $19,000, which would be paid for from project funds. RECOMMENDATION Staff recommends approving the Great River Greening Cooperative Agreement for Vegetative Management in Lumberjack Landing. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING THE GREAT RIVER GREENING COOPERATIVE AGREEMENT GREAT RIVER GREENING COOPERATIVE AGREEMENT (il<l l~.J ..... RIVIR~ (jRf···rNIN(; THIS AGREEMENT, hereinafter referred to as "Agreement", is made September 28. 2022, by and between the CITY OF STILLWATER, a Minnesota municipal corporation. hereinafter referred to as "the City" and GREAT RIVER GREENING, a Minnesota non-profit corporation, hereinafter referred to as the "GRG" (hereinafter collectively referred to as the "Parties"). RECITALS: WHEREAS, GRG is a non-profit 501(c)(3) conservation organization based in St. Paul, Minnesota organized for the purpose of restoring natural areas and open spaces through community engagement; and WHEREAS, GRG has received as an appropriation under Minnesota Session Laws 2022, Regular Session. Chapter 77, Article 1, Section 2, Subd 50), Metro Big Rivers, Phase XII. $742,000 from the fund to the commissioner of natural resources for an agreement to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17; and WHEREAS, GRG desires to contribute $102,000.00 towards a partnership project at Lumberjack Landing, in the City of Stillwater, Minnesota, more specifically described in Section 3 {"Lumberjack Landing Project" or "Project"); and WHEREAS, the City desires to contribute $19,000.00 towards the partnership project with GRG at Lumberjack Landing; and WHEREAS, the City seeks to enter into an agreement with GRG for the purpose of detailing partnership contributions and the provision of technical services in support of the Lumberjack Landing Project. With GRG contributing funds from the State's appropriation to the Lumberjack Landing Project, the City is also subject to terms as described in Exhibit A to this Agreement. NOW, THEREFORE, in consideration of the mutual undertakings and representations contained within this Agreement, the City and GRG hereby agree as follows: 1. Compensation and Terms of Payment 2. a. Compensation The Parties agree that GRG will complete or arrange for the services outlined in Section 3 to be completed under this Agreement. The cost of such services will be funded by joint contributions of the Parties. The City's contributions/compensation under this Agreement shall be paid to GRG on the basis of hourly rates for the services provided, plus expenses and contractor costs necessary to complete the Lumberjack Landing project. but not to exceed a total contribution of $19,000.00 towards completion of the project. GRG shall contribute a $102,000.00 match to the City's contribution towards completion of the project. GRG's financial obligation. as set out above, shall be in accordance with the Metro Big Rivers, Phase XII, Minnesota Session Laws 2022 appropriation, and may be met through actual payment for services to a third party or calculation of the value, on an hourly basis, for "in-kind" services provided . b. Terms of Payment GRG will invoice the City on GRG's billing schedule, but not more frequently than monthly, based upon completion or partial completion of work. Bills submitted to the City shall be paid in the same manner as other claims made to the City. After the City's total financial contribution has been reached under this Agreement, GRG shall assume all fiscal responsibility. Condition of Payment All services provided by GRG pursuant to this Agreement shall be performed to the satisfaction of the City and its ·authorized agent, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. · Payment shall be withheld for work found by the City or its authorized agent to be unsatisfactory. or performed in violation of federal, state and local laws, ordinances, rules or regulations. 1 3. S c o pe of Se rv ices (,RLAJ..a• RIVfR~ (il{LI NINC. GRG agrees to provide the following list of services for the Lumberjack Landing Project. which includes fifteen (15) acres of forest and shoreline restoration of new public open space along the St Croix River, as depicted in Exhibit B: • Invasive species removal o Woody invasive removal -cut and stump treat woody invasives; o Selective treatment of herbaceous invasive species; o Follow-up maintenance of treatment area. • Native species establishment o Site prep, including but not limited to, mowing, vegetation clearance, and site marking; o Plant/ seed purchasing coordination and planting; o Establish maintenance through timed mowing events and spot herbicide treatments. • Coordination of a minimum of one volunteer event o Recruitment, preparation, and implementation of a volunteer workday of native species planting. GRG agrees to oversee and implement the Lumberjack Landing Project activities as identified in the Outdoor Heritage Clean Water, Land and Legacy Fund Work Plan. The City agrees to oversee the Lumberjack Landing Project for consistency with the City's applicable plans, goals, and policies. All materials and workmanship will be subject to inspection, examination, and testing by the City, who will have the right to reject defective material and workmanship or require its correction. In performing its services, GRG will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by GRG's undertaking or its performance of services. 4. Term of Contract 5. The term of this Agreement shall commence on the date written in the initial paragraph of this Agreement and remain in effect until June 15, 2027, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. or unless earlier terminated pursuant to Section 12 or upon a termination date or extension date by mutual written agreement of the parties. Notices The Parties shall appoint an authorized agent for the purpose of administration of this Agreement. The Parties authorized agent shall have complete authority to transmit instructions, receive information, interpret, and define the Parties' policies and decisions with respect to the services covered by this Agreement. Neither Party may remove or replace the authorized agent without providing notice to the other Party. The authorized agent for each Party and any notice required under this Agreement shall be communicated to the addresses as follows: City of Stillwater Great River Greening Authorized Agent Authorized Agent Shawn Sanders Rebecca Tucker Address Address 216 North Fourth Street 251 Starkey Street, Suite 2200 Stillwater, MN 55082 St Paul, MN 55107 Phone Number Phone Number (651) 430-8835 (651) 272-3982 Email Address Email Address ssanders@ci .stillwater.mn .us rtucker(@greatrivergreen ing .org Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same with the United States Postal Service. addressed to GRG at its address stated herein, 2 GRI Ar...a• RIVLI~ GRf.ENINC and to the authorized agent of the City at the address stated herein, or by electronic mail to the addresses listed above. 6. Partner and St.ate Audit 7. Pursuant to Minnesota Statute, Section 16C.05, Subd. 5, as it may be amended from time to time, the books, records, documents, and accounting procedures and practices of GRG relative to this Agreement shall be subject to examination by the City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by GRG for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the City regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is complete or until the authorized agent of the City notifies GRG in writing that the records are no longer required to be kept. Indemnity GRG agrees to defend, indemnify, and hold the City, its employees and officials harmless from any claims. demands, actions or causes of action. including reasonable attorney's fees and expenses resulting directly or indirectly from any negligent act or omission on the part of the GRG, or its subcontractors, partners or independent contractors or any of their agents or employees, in the performance of or with relation to any of the work or services to be performed or furnished by GRG or its subcontractors, partners or independent contractors or any of their agents or employees under this Agreement. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of the Parties. they shall be borne by each party in proportion to its own negligence. GRG shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by GRG under this Agreement. GRG shall, without additional compensation. correct or revise any errors or deficiencies in GRG's final reports and services provided under this Agreement. 8. Insurance GRG shall not commence work under this Agreement until it has obtained, at its own cost and expense, all insurance required herein. All insurance coverage is subject to approval of the City and shall include a provision that such insurance shall not be canceled without written notice to the City and be maintained by GRG until final completion of the work or services provided under this Agreement, to the satisfaction of the City. a. Workers' Compensation 1) State: Minnesota -Statutory 2) Employer's Liability with minimum limits of: Bodily Injury by Accident: $100,000 each Accident Bodily Injury by Disease: $100,000 each Employee Bodily Injury by Disease: $500,000 policy limit 3) Benefits required by union labor contracts: as applicable In the event GRG is a sole proprietor and has not elected to provide workers' compensation insurance, GRG shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the City before entering into the agreement. b. Commercial General Liability Including Premises, Operations, Products, Completed Operations, Advertising, and Personal Injury Liability, with the following minimum limits of liability pursuant to Minnesota Statutes, Section 466.04, or as may be amended: $2,000,000 Aggregate $2,000,000 Products & Completed Operations Aggregate $1,000,000 Personal Injury & Advertising Injury $1,000,000 Occurrence $ 100,000 Fire Damage Limit $ 5,000 Medical Expense Policy should be written on an occurrence basis and include explosion, collapse and underground. The City shall be named as an additional insured on the general liability insurance policy. 3 c. Commercial Auto Liability Minimum limits of liability shall be: If split limrts: If combined single limit: 9 . Subcontracts $1,000,000 each person/$1,000,000 each occurrence for Bodily Injury $1,000,000 each occurrence for Property Damage $1,000,000 per occurrence GRG shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. GRG shall ensure and require that any subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of GRG used to perform any portion of this Agreement shall report to and bill GRG directly. GRG shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 10. Force Majeure Neither City nor GRG shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonably control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots; and other civil disturbances; strikes; lockouts: work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or GRG under this Agreement. If such circumstances occur, the nonperforming party shall, with in a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of th is Agreement. G RG will be entitled to payment for its reasonable additional charges. if any, due to the delay. 11. Data Practices GRG, its agents. employees and any subcontractors of GRG, in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statute, Chapter 13, as amended, and any Minnesota Administrative Rules promulgated pursuant to Minnesota Statute, Chapter 13. GRG understands that it must comply with these provisions as if it were a government entity. GRG agrees to indemnify and hold the City, its officers, department heads and employees harmless from any claims resulting from the GRG's unlawful disclosure, failure to disclose or use of data protected under state and federal laws. 12 . Tennination Termination by Either Party. This Agreement may be terminated by either party upon thirty (30) days' written notice delivered to the other party to the addresses listed in Section 5 of this Agreement. Upon termination under this provision, if there is no default by GRG. GRG shall be paid for services rendered and reimbursable expenses until the effective date of termination. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan to cure that is acceptable to the other party. Notwithstanding the above, GRG shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by GRG. Any rights or remedies provided herein shall not limit the City, in case of any default by GRG, from asserting any other right or remedy allowed by law, equity, or by statute. 13. Independent Contractor It is agreed by the Parties that nothing contained in this Agreement is intended or should be construed as creating the relationship of a partnership, joint venture. or association with the City and GRG. GRG is an independent contractor. and it, its employees, agents, subcontractors, and representatives shall not be considered employees, agents or 4 c;Rr '\T~• 4 RI V~R~ GRH·NIN<; representatives of the City. Except as otherwise provided herein. GRG shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. From any amounts due GRG, there shall be no deduction for federal income tax, FICA payments. state income tax, or for any other purposes which are associated with an employer/employee relationship unless otherwise required by law. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of GRG. 14. Controlling Law The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement, the legal relations between the Parties and performance under the Agreement. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located in Washington County, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected and the Agreement shall continue in full force and effect. 15. Successors and Assigns The City and GRG, respectively, bind themselves, their partners, successors, assigns. and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the City nor GRG shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other party. 16. Equal Employment and Americans with Disabilities In connection with any work or services provided under this Agreement, GRG agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations and any applicable City policy. Failure on the part of GRG to conduct its own employment practices in accordance with these regulations and policies may result in the withholding of all or part of any payments due from the City under this Agreement, unless or until GRG complies with the applicable regulation or policy to the satisfaction of the City, and/or termination of this Agreement. 17. Changes The Parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change or modification is reduced to writing. dated, and signed by both Parties and made part of this Agreement. The execution of the change or modification shall be authorized and signed in the same manner as for this Agreement. 18. Severabilitv In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 19. Entire Agreement It is understood and agreed that the entire agreement of the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof as well as any previous agreements presently in effect between the City and GRG relating to the subject matter hereof. [rHE REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK] 5 tiRI Al~• RIVFI{~• GREENING IN WITNESS WHEREOF. the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF STILLWATER BY: BY: DATE : Ted Kozlowski Mayor Beth Wolf City Clerk 6 GREAT RIVER GREENING : BY: DATE: Kateri Routh Executive Director Grant Manager: "'/Rll/t/2022 Director of Operations: "?if! 111112022 Director of Finance: GS 11/8/2022 7 liR C·\J..tlllt RIV!-R~ C-iRLFNINC EXHIBIT A: State of Minnesota -2022 Outdoor Heritage Fund Metro Big Rivers Habitat -Phase 12 Grantee Landowner Great River Greening City of Stillwater Great River Greening has received as an appropriation under Minnesota Session Laws 2022, Regular Session, Chapter 77, Article 1, Section 2, Subd 5G), Metro Big Rivers, Phase XII, $742,000 from the fund to the commissioner of natural resources for an agreement to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes. section 97A.056, subdivision 17. As a recipient of this funding, the Landowner is subject to the terms below: COMPLIANCE The Landowner acknowledges that these funds are proceeds from the State of Minnesota Outdoor Heritage Fund which is subject to certain legal restrictions and requirements, including Minnesota Statutes, Chapter 116P. The Landowner is responsible for compliance with Minnesota Statutes, Chapter 116P and all other relevant state and federal laws and regulations in the fulfillment of the Lumberjack Landing Project. LIABILITY The Landowner must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action. including attorney's fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. ACCESS AND MONITORING The Landowner agrees to allow the Grantee and the State access at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this grant agreement. including a final inspection upon the Lumberjack Landing project's completion. At least one monitoring visit per grant period on all state grants of over $50,000 will be conducted and at least annual monitoring visits on grants of over $250,000. Following completion of the Lumberjack Landing project, the State's authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. ACKNOWLEDGMENTS AND ENDORSMENT Acknowledgment. The Landowner must acknowledge financial support from the Outdoor Heritage Fund in program publications, signage and other public communication and outreach related to work completed using the appropriation. Acknowledgment may occur, as appropriate, through use of the fund logo or inclusion of language attributing support from the fund. Endorsement. The Landowner must not claim that the State endorses its products or services. ECOLOGICAL AND RESTORATION PLAN For all restorations, the Grantee in coordination with the Landowner must prepare and retain an ecological restoration and management plan that, to the degree practicable, is consistent with current conservation science and ecological goals for the restoration site. Consideration should be given to soil. geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration. The plan must include the proposed timetable for implementing the restoration, including. but not limited to, site preparation, establishment of diverse plant species, maintenance. and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management. and enhancement will be financed; and use current conservation science to achieve the best restoration. LONG TERM MANAGEMENT As a partner with Great River Greening, the Landowner commits to maintaining the investment put forward over time. 8 0 Minneapolis C.1Rl.f~l...a• RIVE.Jf~ CiRfTNING EXHIBIT B: Project map for Lumberjack Landing, City of Stillwater Woodland Units (A, B, . C, D, G, H) Parkland Units (E and F) , Pond Unit (1) • cSiillwater II om "''~ GR[AT RIVER GRE.~NIN~~ ,.'SJ±.?::)) -=--='1 9 DATE: November 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Possible of Purchase of 1-ton truck BACKGROUND In the 2023 Capital Outlay budget, a purchase of a one-ton truck was planned for the Street Department to replace a 23-year-old vehicle. Ordinarily, a request for a capital outlay purchase is made after the start of the budget year, but Street Superintendent Nick Chaves has been informed that due to lack supply, orders for new cab and chassis from vendors will be limited and orders must be made by the November 17, 2022 in order to be received in 2023. Otherwise, a new truck purchase would probably not be received until mid-2024. A quote has been received from Midway Ford from the State bidders list for a 2023 4 X 4 one-ton cab and chassis in the amount of $47,534.83. Remaining equipment for the truck would be purchased in 2023. RECOMMENDATION It is recommended that council consider and authorize the purchase of One-ton cab and chassis from Midway Ford in the Amount $47,534.83 in 2022 for a 2023 Streets Capital Outlay Item. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion authoring the purchase of One-ton cab and chassis from Midway Ford in the Amount $47,534.83 in 2022 for a 2023 Capital Outlay Item. BACKGROUND On October 20, 2022, the Downtown Parking Commission recommended adoption of a resolution approving the establishment of limited parking permits for the sole purpose of providing dedicated parking for the Stillwater Lift Bridge bridge tenders to the City Council. While the Stillwater Lift Bridge has been successfully converted from a n open roadway to a regional trail system, it continues to have regular lift schedules, set by the U.S. Coast Guard. These schedules are typically in effect from May 15th to October 15th. MnDOT may also operate the lift bridge before or after these dates if weather and resources permit. During these times, the lift bridge will be staffed full time from 8:00 a.m. to midnight daily with approximately two different bridge tenders. As part of the lift bridge conversion project, the City of Stillwater agreed to designate two parking stalls for use by bridge tenders with the goal to ensure accessible parking in close proximity to the lift bridge for the bridge tenders. Recently it has come to the City’s attention that no formal agreement has been made to meet such goals. At the request of the Minnesota Department of Transportation, City Staff developed the following solution to ensure two designated parking stalls were made available for the bridge tenders. Going forward, the City would adopt a resolution designating the two spaces in Parking Lot 2 as permit parking only and issue permits to the bridge tenders . These spaces are already marked, just not memorialized in a formal agreement. The designated area would be marked with updated signs establishing it unlawful for any vehicles other than the permit holder (the bridge tenders) to park in the designated permit spots (per Police Department Request). This option is made possible due to City Code Section 51-2 subd.7, which allows the City Council, by resolution, to designate areas within any city- owned parking lot as a permit parking area and establish the number of permits and fee for the permit. DATE: November 15, 2022 TO: Honorable Mayor and City Council FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Stillwater Lift Bridge Tender Parking This option allows the City to meet the request and agreement with the Minnesota Department of Transportation while being minimally invasive to existing code and infrastructure. RECOMMENDATION The Downtown Parking Commission recommends the City Council adopt the resolution establishing limited parking permits for the Stillwater lift bridge tenders in Lot 2. ACTION REQUESTED Motion to adopt the resolution establishing bridge tender parking permits for parking Lot 2. City of Stillwater Washington County, Minnesota RESOLUTION 2022- THE CREATION OF PARKING PERMITS FOR THE DESIGNATION OF TWO RESERVED PARKING SPOTS FOR THE STILLWATER LIFT BRIDGE TENDER PARKING IN PARKING LOT 2 WHEREAS, the City of Stillwater agreed to dedicate guaranteed parking to the Stillwater Lift Bridge Tenders (“Bridge Tenders”) upon completion of the lift bridge conversion project; and WHEREAS, City Code Section 31-2 subd.7 allows the City Council, by resolution, to designate areas within any city-owned parking lot as a permit parking area and establish the number of permits and fees; and WHEREAS, City Staff concluded that the creation of two dedicated parking permits for City Parking Lot 2 with the installation of two signs will successfully accommodate the parking needs for the Bridge Tenders; and WHEREAS, the Downtown Parking Commission reviewed and recommended approval of the proposed parking permit ; and WHEREAS, the City Council supports the Downtown’s Parking Commission recommendation; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. Two parking permits shall be designated solely for the Stillwater Lift Bridge Tenders. 2. Two parking spots within City Parking Lot 2 shall be memorialized through signage as Bridge Tender Parking Only, the specific locations of which shall be determined by the Community Development Director. Adopted by the Stillwater City Council this 15th day of November 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk DATE: TO: FROM: November 9, 2022 Honorable Mayor and City Councilmembers Shawn Sanders, Director of Public Works SUBJECT: Terra Springs Certificate of Completion, BACKGROUND Last month, City Council approved wall maintenance and access easements, trail easements and accepted Park and Trail Dedication fees from Terra Springs, regarding the trail and wall around the perimeter of their development. These actions essentially completed the requirements of the development. To that, the City Attorney has prepared a Certification of Completion resolution, memorializing the actions taken and providing a history that shows the development is complete. RECOMMENDATION It is recommended that council consider and approve the attached resolution Accepting and Granting Easements, Accepting Payment of Park Dedication Fees and Authorizing certificate Of Completion for Terra Springs ACTION REQUESTED If Council concurs with recommendation, they should pass a motion Adopting RESOLUTION 2022-__ A RESOLUTION ACCEPTING AND GRANTING EASEMENTS, ACCEPTING PAYMENT OF PARK DEDICATION FEES AND AUTHORIZING CERTIFICATE OF COMPLETION FOR TERRA SPRINGS. 1 City of Stillwater Washington County, Minnesota RESOLUTION 2022- A RESOLUTION ACCEPTING AND GRANTING EASEMENTS, ACCEPTING PAYMENT OF PARK DEDICATION FEES AND AUTHORIZING CERTIFICATE OF COMPLETION FOR TERRA SPRINGS WHEREAS, the City of Stillwater, a Minnesota municipal corporation (“City”), by a deed recorded in the Office of the County Recorder in Washington County, Minnesota, as Document No. 3395505 on November 3, 2003, conveyed to Territorial Springs, LLC a Minnesota limited liability company (“Developer”), the real property legally described in said deed (the “Redevelopment Property”); and WHEREAS, said deed was executed pursuant to that certain Contract for Private Redevelopment between the City and Developer dated August 19, 2003 and recorded as Document Number 3395508 on November 3, 2003 in the Office of the County Recorder, Washington County, Minnesota, as amended by that Amended and Restated Contract for Private Redevelopment between the City and Developer dated July 19, 2016 and recorded as Document Number 4085595 on September 30, 2016 (collectively “Development Agreement”), which contained certain covenants and restrictions; and WHEREAS, the Developer constructed the Project and Public Improvements as defined in the Development Agreement, including certain parks and trails; and WHEREAS, the City owns real property in Washington County, Minnesota, legally described as follows: Outlot B, Terra Springs, Washington County, Minnesota, according to the recorded plat thereof (the “City’s Property”), which is adjacent to the Redevelopment Property, and requires access in order to maintain it; and WHEREAS, in the Development Agreement, the parties agreed that in lieu of park dedication fees for the Project, the Developer would grant the City easements over the trails for the public, as well as to provide access to the City’s Property; and WHEREAS, pursuant to the Development Agreement, the Developer deposited $125,000 with the City for maintenance of the trails into a Park Maintenance Fund; and WHEREAS, the easements were never executed nor granted to the City; and WHEREAS, the parties have determined that the trails within the Redevelopment Property would not meet the expectations of the parties as fulfilling a public purpose and are not needed for public trails; however, the City still requires access to the City’s Property for maintenance purposes; and 2 WHEREAS, instead of requiring the easements for public trails, the City has agreed to accept the payment of park dedication fees and in exchange, the Developer retains ownership of the trails; and WHEREAS, the park dedication fee due to the City was calculated based on the Project that was constructed and the current value of park dedication fees (175 residential units at $2,000 each and 2 commercial units at $2,500 each, for a total fee of $355,000); and WHEREAS, the total park dedication fee owed was offset by the present value of the Park Maintenance Fund being retained by the City, which had a balance in the amount of $134,876, thereby requiring a payment from the Developer of $220,124; and WHEREAS, on October 18, 2022, Developer granted the City easements for access to the City’s Property, the City granted an easement to Developer for portions of the trail that encroach onto the City’s Property and Developer paid the park dedication fee balance of $220,124. NOW, THEREFORE, be it resolved by the City Council of the City of Stillwater as follows: 1. The easements from the Developer to the City for access to the City’s Property are hereby accepted; the easement from the City to Developer is hereby granted; and the appropriate officials are authorized to take such action as to effectuate such easements. 2. Park dedication fee of $355,000 is hereby accepted (paid by check in the amount of $220,124 from Developer and the Park Maintenance Fund of $124,876). 3. Certifies that all construction of the Project and Public Improvements specified to be done and made by Developer have been completed and the covenants and conditions in the Development Agreement have been performed by Developer therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the City is hereby released absolutely and forever, and the County Recorder in Washington County, Minnesota, is hereby authorized to accept for recording and to record the filing of this instrument against the Redevelopment Property, to be a conclusive determination of the satisfactory termination of the covenants and conditions relating to completion of the Project and Public Improvements. Adopted by the Stillwater City Council this 15th day of November, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: November 10, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Tobacco License for KMH Retail Inc. dba Stillwater Smoke Shop Plus BACKGROUND Fog E-Cig is selling its business to Stillwater Smoke Shop Plus located at 1300 Frontage Road. With this change a new tobacco license needs to be issued. An application has been received and background investigation complete. RECOMMENDATION Staff recommends approval contingent upon the satisfactory submital of application materials. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion adopting a resolution approving the new tobacco contingent upon the satisfactory investigations and inspections from Police, Fire, Building, Planning and Finance Departments. City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX APPROVING NEW TOBACCO LICENSES FOR KMH RETAIL INC. DBA STILLWATER SMOKE SHOP PLUS WHEREAS, a request for a new tobacco license has been received from KMH Retail Inc. dba Stillwater Smoke Shop Plus located at 1300 Frontage Road West; and WHEREAS, approval is contingent upon fulfilling all requirements to hold a Tobacco license, the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Planning and Finance Departments. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new tobacco license for KMH Retail Inc. dba Stillwater Smoke Shop Plus located at 1300 Frontage Road West, Stillwater, MN. Adopted by Stillwater City Council this 15th day of November 2022. CITY OF STILLWATER _____________________ Ted Kozlowski, Mayor Attest: _________________ _______ Beth Wolf, City Clerk DATE: November 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Robert Benson, Utilities Superintendent SUBJECT: Well #11 Reservoir Repairs BACKGROUND The City received two proposals for rebuilding four pavilion column bases above the underground reservoir at Well #11. The pavilion was built in 2000, and moisture has damaged the stone by freezing and cracking the blocks. They have been repaired in the past but now need to be replaced. The low bid was George Siegfried Construction for $7,400.00. Money for this project will come out of the Wellhouse repair fund. RECOMMENDATION Staff recommends entering into an Agreement with George Siegfried Construction to perform the work. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion awarding a contract to George Siegfried Construction for work on well #11 reservoir and authorize the Mayor and City Clerk to sign agreement as approved by the City Attorney. 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 15th day of November, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and George Siegfried Construction, 510 Perro Creek Drive, Bayport MN 55003 (“Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Well #11 Reservoir Repairs NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services (“Services”), as defined in the following documents: i. A proposal dated 10/27/22, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 2 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated Robert Benson to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Scott Wille to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater George Siegfried Construction 216 4th Street North 510 Perro Creek Drive, PO Box 84 Stillwater, MN 55082 Bayport MN 55003 Attention: Robert Benson Attention: Scott Wille Or e-mailed: rbenson@ci.stillwater.mn.us Or emailed: scott@siegfriedconstruction.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ______ of _______________, 2022 by Ted Kozlowski, Mayor and Beth Wolf, City Clerk for the City of Stillwater. __________________________________________ Notary Public Commission Expires: ___/___/_____ Commissioned At: ________________________ 5 CONTRACTOR GEORGE SIEGFRIED CONSTRUCTION By:______ _____________ __________ By (Please Print):_____________________________ Title (Please Print):____________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _____ of _______________, 2022 by ______________________________, its ____________________________________, for___________________________________. __________________________________________ Notary Public Commission Expires: ___/___/_____ Commissioned At: ________________________ Project Description: Well #11 Reservoir Repairs r ~GEORGE ~ J!!i!o!!!R Commercial • Industrial • Residential 510 P4lrro Creek Drive, Bayport, MN 55003 • 651.2 7.5 .1112 offic:e • 65 l.275. 1 113 fox • www.siegfriedconstruction.com PROPOSAL 10/27/2022 TO: Stillwater Public Works 7400 49th Ave. N. Stillwater, MN 55082 Attn: Robert Benson Project: CMU Repair Location: 3500 Settlers Way Stillwater, MN 55082 Documents: Site visit with Robert Benson . Robert, We submit our scope of work and cost as follows: • Well House Walls. o Mobilize. o Remove two existing CMU landscaping walls to grade. o Rebuild two CMU landscaping walls (same size, shape, and location). Labor and Material --------------------------------------------------------$4,900.00 . • Park Pavilion Column Base. o Mobilize. o Remove four existing CMU column bases to grade. o Rebuild four CMU column bases (same size, shape, and location). Labor and Material ------------------------------------------------------$7,400.00. Excludes: • Below grade CMU work. • Temporary facilities (temp power, toilets, etc.). • Site/exterior concrete work. • Earthwork. • Exterior Improvements. • Utilities. • Paving. • Curb and gutter. • Electrical/HVAC/Plumbing. • Traffic control (permanent or temporary). • Colored, stained. stamped, or exposed concrete. • Winter conditions. • Permits or Bonds. • Premium time rates. • Testing or special inspections. • Anything not noted above. Note: This estimate is only good until 11/27/2022. If work has not been started or approved by this time the project will need to be repriced. Pricing is subject to change based on material price increases and fuel charges. Submitted by: -=S=c=ot=t -=-Wi=1l=le=------ Contact Info : Scott Wille George Siegfried Construction 510 Perro Creek Drive, PO Box 84 Bayport, MN 55003 651-275-1112 office 651-491-7675 cell scott@siegfriedconstruction.com Date: 10/27/2022 DATE: November 15, 2022 TO: Honorable Mayor and City Council Members FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Authorization for Feasibility Study for sidewalk along Maryknoll Dr. from Oakridge Rd. to Interlachen Dr. (Project 2023-03) DISCUSSION: Engineering staff would like to proceed with a feasibility study for a sidewalk along Maryknoll Dr. from Oakridge Rd. to Interlachen Dr. In 2021, Maryknoll Drive was improved as part of the 2021 street improvement project and residents along Maryknoll Drive had concerns about the safety of pedestrians walking on the street. A proposal at the time was presented to add a 5-foot-wide sidewalk on the east side of the road, the sidewalk was not budgeted for during the reconstruction of Maryknoll Drive, and was proposed for future consideration. The total length of the sidewalk would be 1,200 feet. The feasibility study will analyze the conflicts with existing utilities, street light poles, and private landscaping in the right-of-way, and prepare a breakdown of costs. Authorization of a feasibility study is the first step in the process. It is proposed that the sidewalk be considered for 2023. RECOMMENDATION: Staff recommends that Council pass a Resolution uthorizing the reparation of a Feasibility Study for the Installation of a Sidewalk along Maryknoll Dr. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2022-___, RESOLUTION ORDERING PREPARATION OF FEASIBILITY STUDY FOR 2023 SIDEWALK ALONG MARYKNOLL DRIVE FROM INTERLACHEN DRIVE TO OAKRIDGE ROAD (PROJECT 2023-03) City of Stillwater Washington County, Minnesota RESOLUTION 2022- RESOLUTION ORDERING PREPARATION OF FEASIBILITY STUDY FOR 2023 SIDEWALK ALONG MARYKNOLL DR. FROM INTERLACHEN DR. TO OAKRIDGE RD. PROJECT 2023-03 BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Stillwater City Council this 15th day of November 2022. CITY OF STILLWATER _________________________ Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk