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2023-01-03 CC Agenda Packet
Exhibit A LUP 8210-0082 Sheet 2 of 3 v x. ,i .:z„ Place 2 yellow delineators spaced 8' apart in middle �tw of each removed parking space as shown. Travel lane widths -'� dependent on existing conditions 12-1 3' Total of 7 parking spaces removed, 3 on the east and 4 on the west. 01,,ii;;;AZMax taper 1:15, min taper 1 :30. -1:25 shown Rust colored paint - and white delineators spaced ---8' apart for - crossing bumpout. Zephyr Site location 8' wide by 1 5' long pedestrian refuge islancl with yellow delineators (3 on each side) placed in center of roadway Max taper 1:15; min taper 1 :30. - 'I :25 shown Place 2 yellow delineators spaced 8'apart in middle of each removed parking space as shown and/or utilize yellow curb painting. 1 Exhibit A LUP 8210-0082 Sheet 3 of 3 Max taper 1:1 5, min taper 1:30. - 1:20 shown Rust colored paint and white delineators spacecl —8' apart for crossing bumpout. Travel lane widths dependent on existing conditions 1 2-13' Max taper 1 :1 5, min taper 1:30. -•1 :20 shown Sawmill Site location Place 2 yellow delineators spaced 8' apart in middle of each removed parking space as shown and/or utilize yellow curb painting. 8'wide by 15' long pedestrian refuge island - with yellow delineators (3 on each side) placed with --1-2' west of centerline and —6-7' east of centerline 8' wide by 10' long pedestrian refuge island with yellow delineators (3 on north and west sides, 2 on south and east sicle to forma radius to allow left turns out of driveway) Total of 7 parking spaces removed, 1 on the west and 6 on the east. SUlIwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us Notice: A Councilmember will be participating by interactive technology as allowed under Minn. Stat. §13D.02, from Barnes & Noble Booksellers, 5377 Tamiami Trail N in Naples, FL. REVISED AGENDA CITY COUNCIL MEETING January 3, 2023 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Legislative Priorities Discussion 2. Speed Study Presentation Postponed 3. Traffic Safety Committee Discussion 4. Hwy 36 Jurisdictional Boundary Request IV. STAFF REPORTS 1. Public Works Director 2. Police Chief 3. Fire Chief 4. Finance Director 5. Community Development Director 6. City Clerk 7. City Attorney 8. City Administrator 9. IT Manager 10. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. SWEARING IN CEREMONY FOR MAYOR AND COUNCILMEMBERS 11. Mayor Ted Kozlowski, Councilmember Ryan Collins and Councilmember Mike Polehna VIII. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS 12. Swearing in Police Officer Josh Gown Postponed XI. OPEN FORUM — open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. 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. 13. December 20, 2022 closed session and regular meeting minutes 14. Payment of Bills 15. Brian's Frozen Bocce Ball Event 16. Case 2022-79 to consider amending City Code Section 31-216 (Nonconforming uses and structures) to allow for lateral expansions on non -conforming structures — Ordinance 2nd Reading 17. Data Practices Policy for Members of the Public and for Data Subjects — Resolution 18. Designating a Responsible Authority in accordance with the State Data Practices Statute — Resolution 19. Designating Polling Locations for 2023 Revised — Resolution 20. Designating the Authority to Make Electronic Funds Transfers — Resolution 21. Designation of Depositories for 2023 — Resolution 22. Designation of Vice Mayor Resolution Moved to New Business 23. Donation of Automatic External Defibrillators — Resolution 24. Employee Assistance Program Services Renewal — Resolution 25. Employer Paid Covid-19 Leave — Resolution 26. Legal Publication Designation for 2023 — Resolution 27. McKusick Lake Boardwalk Reconditioning Project Agreement 28. Public Works Request to Purchase Street Sweeper 29. Public Works Request to Purchase Truck Equipment 30. Rec Center Zamboni Purchase Request 31. Winter Ice Cream Social Event XIII. PUBLIC HEARINGS - None XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 32. Downtown Manhole Rehabilitation Project Approval of Plans and Specs and Authorize to Bid Resolution 33. Council Representative Appointments to Boards and Commissions — Resolution 34. Designation of Vice Mayor— Resolution XVI. COUNCIL REQUEST ITEMS XVII. ADJOURNMENT Page 2of2 City Council Meeting Agenda January 3, 2023 MDEPARTMENT OF TRANSPORTATION November 1, 2022 (Sent by email only) Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd N Oak Park Heights, MN 55082 Joe Kohlmann City of Stillwater 216 North Fourth St Stillwater, MN 55082 Re: Request for city boundary adjustment Dear: Mr. Johnson and Mr. Kohlmann MnDOT requests that the cities of Oak Park Heights and Stillwater consider a city boundary adjustment along your common boundary. The boundary is currently located along the Hwy 36 south frontage road (60th St). MnDOT is proposing to turnback the south frontage road west of Northwestern Ave (west of the former White Castle property) to the City of Oak Park Heights. The City of Oak Park Heights realigned the south frontage road near Norell and MnDOT rebuilt the trail along 60th St and Neal Ave this year thus the turnback is being proposed. MnDOT is only able to turnback roadways and R/W to the local road authority within each city. To avoid turning back half of the road to Oak Park Heights and the other half to Stillwater; a city boundary change would put the south frontage road in the turnback area fully in Oak Park Heights. Exhibit #1: shows the proposed R/W for the turnback. The YELLOW area is in Oak Park Heights, ORANGE area is in Stillwater, and GREEN area was previously turned back to Oak Park Heights as part of the Panera development. Exhibit #2: shows the suggested city boundary change from just east Stillwater Blvd. to just west of Oakgreen/Greeley. The one -mile change would shift the city boundary approximately 110' north and into the Hwy 36 median area. The change would occur along the southern edge of Section 32, Township 30 North, Range 20 West. MnDOT made this request in February 2022 and each council has discussed the issue. In general, I did not hear of any significant concerns with the western turnback area; however, the eastern area (from Northwestern to Oren, had a few parcels that were affected by the boundary change and there were concerns about potential future frontage road turn backs in this area. This request does not include any changes to this eastern area. Please present to your respective city councils for direction. If agreeable, I would then request that the cities begin the "Concurrent Detachment and Annexation" process. Sincerely, Adam Dig!tally signed by Adam Josephson Josephson °a�'0.0 00 13541124.OS'00' 1 Adam Josephson Metro East Area Manager Cc: Shawn Sanders, Stillwater Josh DeLeeuw, MnDOT R/W Exhibit #1 — Proposed Frontage Road Turnback Area Exhibit #2 — City Boundary Change Area PROPOSED DETACH/ANNEX AREA—c_OL-H 110 FEET OF SEC 1 GN 32, 1OWN H IF 3n N, , RANGE 20 W . Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Advance Auto Parts Backgroundchecks.com BHE Community Solar Canteen Refreshment Services Century Power Equipment Cintas Corporation CivicPlus Comcast Custom Truck One Source ECM Publishers Emergency Automotive Eng Michael Ess Brothers & Sons Inc. Evident Inc. FleetPride Force America Foundation Technologies Grafix Shoppe Grainger Guardian Supply Hawkins Inc Heritage Printing Inc. Hillegass Kaia Huebsch Service Jordan Joel Lake Country Door LLC Lawson Products Linde Gas & Equipment Lindstrom Solar LLC Loffler Companies Mansfield Oil Company Menards Miller Excavating MK Mechanical Inc MN Recreation & Park Assoc NagelI Appraisal National Fire Protection Association National Recreation & Park Assoc. Polco Pro-Tec Design Quill Corporation R&R Specialties Inc. Race Forward SEH Inc SESAC Performance License Simplifile LC St. Croix Boat and Packet Co. The Retrofit Companies Snacks for concessions Supplies Background checks Solar Energy Concession supplies Equipment repair supplies Uniform & mat cleaning service Municode pages TV Internet & Voice Seal kit Publications Squad build Reimburse for mileage Manhole rings Drug material containers Equipment repair supplies 5mb Flat Data Plan VMware Workspace ONE standard Squad graphics Tools facilities shop Uniforms and supplies Chlorine cylinders Orange statements UB Refund Mat cleaning service Reimburse for work boots Reset fire doors Plow bolts Cylinders Solar Energy VEEAM Annual Premium Fuel Supplies Street & Utility Projects Equipment repairs at Fire Dept Membership for Jason Grode Street Projects Membership Membership for Jason Grode Subscription Rec Center door card reader Office supplies Equipment repair supplies Membership 2023 Street Project Music License Filing Fees Ramp cleaning Aug Sept Oct Pole caps 551.50 244.23 152.10 7,982.20 788.79 105.40 305.42 397.20 1,482.17 21.42 9.50 4,850.00 17.55 1,147.64 110.00 112.11 340.00 3,028.20 1,890.00 777.91 543.93 140.00 201.40 331.12 708.81 67.25 840.00 42.00 65.42 3,166.86 2,322.83 6,263.46 658.55 115,260.92 2,703.95 300.00 3,400.00 175.00 180.00 2,507.00 229.50 244.00 339.60 1,000.00 13,768.80 553.00 150.75 2,430.00 300.15 Page 2 Total Parking Solutions Inc. Credit card kiosks for downtown parking - down pmt 13,350.00 Tri-State Bobcat Drive shaft 82.78 Walmart Community Supplies 315.76 Washington County Public Safety Radio 800 Radio User Fees 5,201.04 Water Doctors Water Treatment Filter service 241.00 WSB & Associates Inc. 2022 Street Project 118.75 LIBRARY 16 Wins Ace Hardware Amazon Business Faurot Kimberly Huebsch Service Image 360 Woodbury Loffler Companies Stillwater Medical Group ADDENDUM Website Maintenance Janitorial Supplies Face Masks Staff Reimbursement Towels & Rugs Signage Sample Copier & Printer Drug Screening 380.00 144.87 382.70 110.58 133.07 177.73 545.79 157.00 Lone Oak Utility billing postage 2,967.68 Satter Mike Boot Reimbursement 200.00 Valdes Lawn Care Clean Up Services 130.00 Washington County Public Safety Radio 800 Radio User Fees 5,701.14 Xcel Energy Energy 81,562.58 TOTAL 295,110.11 Adopted by the Stillwater City Council this 3rd day of January, 2023 Mayor Ted Kozlowski sikv( (St!llwr THE BIRTHPLACE OF MINNESOTA DATE: January 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: The Winter Ice Cream Social Event Application BACKGROUND Mr. Brent Peterson with the Washington County Historical Society has submitted an event application to hold the Winter Ice Cream Social Event in North Lowell Park near Mulberry Point. The traditional event dating back to 1950 is proposed to take place on January 28, 2023, between 12:00 PM and 4:00 PM. The set up for this event will occur from 10:30 AM to 12:00 PM, and the clean-up is to take place from 4:00 PM to 5:00 PM. This event is expected to have a possible attendance of 1,000 to 2,000 participants. Free ice cream and coffee will be served. If approved, all special event related fees will be charged according to the current fee schedule. ACTION REQUIRED If Council wishes to approve this special event a motion to approve is needed. Attachment: Site Plan. 1NINTcR ICE ceEP M StcIAL E ttkii yt/ 9-3 Downtown Stillwater Parking Guide mmtin Roadways Pau parkin Major 14 Oak Park 1-teighls Public Restroom WNW Free Parkin I 121 Lab ay wi 1 Rein f A. Nei mow camil (44.ccipanwz m FYI 2023 Meeting Schedule Board of Appeal & Equalization and Open Book Meetings City/Township Format Meeting Date Time Location Baytown Local Board Monday, April 10, 2023 4-5pm Baytown Community Center 4020 McDonald Dr N Birchwood Local Board Tuesday, April 11, 2023 6-6:30pm Birchwood Village City Hall 207 Birchwood Ave Dellwood Local Board Monday, April 10, 2023 5-5:30pm Dellwood City Hall 111 Wildwood Rd Denmark Local Board Tuesday, April 11, 2023 4:30-5:30pm Denmark Town Hall 14008 90th St S Forest Lake Local Board Monday, April 10, 2023 5:30-6:30pm Forest Lake City Hall 1408 Lake St S Grey Cloud Island Local Board Thursday, April 13, 2023 6-7pm Grey Cloud island Town Hall 9910 Grey Cloud Island Dr S Hugo Local Board Thursday, April 6, 2023 5:30-7pm Hugo City Hall 14669 Fitzgerald Ave N Lake Elmo Local Board Wednesday, April 19, 2023 5-7pm Lake Elmo City Hall 3800 Laverne Ave N Mahtomedi Local Board Wednesday, April 5, 2023 5-6pm Mahtomedi City Hall 600 Stillwater Rd Marine on St Croix Local Board Tuesday, April 4, 2023 9-10am Marine on St Croix City Hall 121 Judd St May Local Board Wednesday, April 19, 2023 9-10am May Town Hall 13939 Norell Ave N Scandia Local Board Monday, April 17, 2023 5-6pm Scandia Community Center 14727 209th St N Willernie Local Board Monday, April 24, 2023 5:30-6:30pm Willernie City Hall 111 Wildwood Rd Afton Open Book May attend any one of four Regional Open Regional Open Book -Cottage Grove Book meetings Cottage Grove City Hall 12800 Ravine Pkwy S Oakdale City Hall 1584 Hadley Ave N Woodbury City Hall 8301 Valley Creek Rd Washington Cty Govt Center 14949 62nd St N Bayport Open Book Cottage Grove Open Book Grant Open Book Hastings Open Book Lake St Croix Beach Open Book Thursday, April 6, 2023 Regional Open Book -Oakdale 5-7pm 5-7pm 5-7pm 2-7pm Lakeland Open Book Lakeland Shores Open Book Landfall Open Book Wednesday, April 12, 2023 Regional Open Book -Woodbury Newport Open Book Oak Park Heights Open Book Oakdale Open Book Thursday, April 20, 2023 Regional Open Book -Stillwater Pine Springs Open Book St Mary's Point Open Book St Paul Park Open Book Wednesday, April 26, 2023 Stillwater City Open Book Stillwater Township Open Book West Lakeland Open Book White Bear Lake Open Book Woodbury Open Book County Board Govt Center Tuesday, June 13, 2023 Tuesday, June 20, 2023 5:00pm **By Appointment 11:O0am (times subject to change) **Appointment deadline for County Board Wednesday May 3, 2023 Washington County 1. 12:00 PM Oaths of Office FYI BOARD AGENDA January 3, 2023 - 12:00 PM Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clausen, District 5 A. Oaths of Office to be Administered to the following Elected County Officials: - County Sheriff Dan Starry - County Attorney Kevin Magnuson - County Commissioner District 2, Stan Karwoski - County Commissioner District 4, Karla Bigham - County Commissioner District 5, Michelle Clasen 2. 12:15 Roll Call Pledge of Allegiance 3. 12:15 Election of 2023 County Board Chair 4. 12:20 Election of 2023 County Board Vice Chair 5. 12:25 Set Board Meeting Dates for 2023 A. Approval of 2023 County Board Meeting Dates. 6. 12:30 Reception for Elected Officials 7. 1:15 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. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 8. 1:25 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 December 13, 2022, and December 20, 2022, County Board meeting minutes. B. Adopt a resolution awarding the 2023-2025 newspaper publishing bids and designating the county website as the official publication for bids and proposals. C. Approve 2023 Memorial Day appropriations of $100 each, upon request, for military service organizations. D. Approve commissioner assignments to the Ramsey/Washington Recycling and Energy Board for 2023. E. Approve Grant Agreement No. 221993 with the Office of the Minnesota Secretary of State in the amount of $4,286.94 for the 2022 HAVA Election Security Grant (Phase 2) Agreement. 9. 1:25 Attorney's Office - Tricia Loehr, Assistant County Attorney III A. Adopt a resolution recognizing January 2023 as Human Trafficking Awareness Month. 10. 1:40 General Administration - Kevin Corbid, County Administrator 11. 1:50 A. Legislative Update 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. 12. 2:05 Board Correspondence 13. 2:05 Adjourn 14. 2:10 Board Workshop with Public Works A. Review options to continue civil construction of the METRO Gold Line under the proposed Letter of No Prejudice #2 (LONP). 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 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us Notice: A Councilmember will be participating by interactive technology as allowed under Minn. Stat. §13D.02 from Barnes & Noble Booksellers, 5377 Tamaimi Trail N in Naples, FL. AGENDA CITY COUNCIL MEETING January 3, 2023 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Legislative Priorities Discussion 2. Speed Study Presentation 3. Traffic Safety Committee Discussion IV. STAFF REPORTS 1. Public Works Director 2. Police Chief 3. Fire Chief 4. Finance Director 5. Community Development Director 6. City Clerk 7. City Attorney 8. City Administrator 9. IT Manager 10. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. SWEARING IN CEREMONY FOR MAYOR AND COUNCILMEMBERS 11. Mayor Ted Kozlowski, Councilmember Ryan Collins and Councilmember Mike Polehna VIII. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS 12. Swearing in Police Officer Josh Gow XI. OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. 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. 13. December 20, 2022 closed session and regular meeting minutes 14. Payment of Bills 15. Brian’s Frozen Bocce Ball Event 16. Case 2022-79 to consider amending City Code Section 31-216 (Nonconforming uses and structures) to allow for lateral expansions on non-conforming structures – Ordinance 2nd Reading 17. Data Practices Policy for Members of the Public and for Data Subjects – Resolution Page 2 of 2 City Council Meeting Agenda January 3, 2023 18. Designating a Responsible Authority in accordance with the State Data Practices Statute – Resolution 19. Designating Polling Locations for 2023 Revised – Resolution 20. Designating the Authority to Make Electronic Funds Transfers – Resolution 21. Designation of Depositories for 2023 – Resolution 22. Designation of Vice Mayor – Resolution 23. Donation of Automatic External Defibrillators – Resolution 24. Employee Assistance Program Services Renewal – Resolution 25. Employer Paid Covid-19 Leave – Resolution 26. Legal Publication Designation for 2023 – Resolution 27. McKusick Lake Boardwalk Reconditioning Project Agreement 28. Public Works Request to Purchase Street Sweeper 29. Public Works Request to Purchase Truck Equipment 30. Rec Center Zamboni Purchase Request XIII. PUBLIC HEARINGS – None XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 31. Downtown Manhole Rehabilitation Project Approval of Plans and Specs and Authorize to Bid – Resolution 32. Council Representative Appointments to Boards and Commissions – Resolution XVI. COUNCIL REQUEST ITEMS XVII. ADJOURNMENT DATE: January 3rd, 2023 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: City of Stillwater Legislative Agenda Background Development of a City Legislative agenda for the current State Legislative session is an ongoing initiative of the City’s Strategic Plan. The League of Minnesota Cities (LMC) and the Metro Cities organizations will consider adoption of extensive Legislative Policies to guide lobbying efforts at the Capitol for the upcoming 2023 state legislative session. The City of Stillwater generally has more specific concerns regarding potential state legislation/state funding requests that would assist the City of Stillwater. There are often individual projects, such as those noted below, that would benefit from state assistance or unique situations requiring support of the City’s area legislators in order to gain state legislative approval for the project or situation. CITY OF STILLWATER – POTENTIAL 2023 LEGISLATIVE AGENDA ITEMS Policy & Finance/Economic Development -Local Sales Tax Option to support Park Improvements -Downtown Façade Program funding -Sales Tax Exemption on Municipal Purchase of Goods and Services -Building Code Update on occupancy/change of occupancy for investment properties Capital Improvements -Lumberjack Landing Improvements -Bridgeview Park – Bergstein Shoddy Mill & Transient Dock -Downtown Street Light Replacement Project -Lowell Park Pavilion Repair -Recreation Center Expansion Other Major Legislative Issues (in concert with Professional Organizations) -White Bear Lake Level Litigation – Legislative Approach -Housing Affordability -Changes to Building Codes – oppose loss of local control Capital Improvements Park Improvements Lumberjack Landing, Bridgeview Park and Lowell Park Pavilion will be referred to collectively as Park Improvements. Updated costs to implement all of the Park Improvements are estimated at approximately $12.5 million. The City anticipates asking for the full amount of park improvements in the state bonding bill. Most recent calculations on a local option sales tax calculate revenue covering the costs on approximately $12.5 million. Coincidently, this appears to cover the cost of the Park Improvements. If this route is considered, a resolution can be prepared for the January 17th meeting. This would not obligate the city to formally proceed with a local option sales tax but getting approval of the legislature is the first step. No formal decision would be made until likely 2024. However, there is no opportunity to pursue this route until the legislature gives approval. Largely, these Park Improvement costs are not factored in to the City’s Capital Improvement Plan. These are over and above the annual Equipment and Permanent Improvements the City plans for every year. Downtown Street Light Replacement Staff is still working on financing options for this project. However, there seems to be a consensus that this project should happen as soon as possible. Staff anticipates requesting this in the bonding bill. This project would provide a regional benefit. Estimated Cost $3.6 million. Recreation Center Expansion This is a relatively newer project the City is reviewing. However, it is worth requesting as there would likely be a local match through non-city affiliated fundraising. This project would provide a regional benefit. Request would be approximately $20 million. Attachments: Park Improvement project details. Discussion Points: Review and discuss the proposal as outlined in the staff report in relation to project funding requests and legislative issues. Bridgeview Park Bergstein Building Area Site work, North Access Drive and Parking $1,933,187 Transient Boat Dock $3,041,546 South Boat Launch $1,421,083 Central Lawn Area $1,010,765 Shoddy Mill Rehab $1,200,000 TOTAL BRIDGEVIEW $8,606,581 Lumberjack Landing Spur Trail to Brownscreek $29,120 River Edge Walk $106,160 Canoe Launch, dock, trail slide $148,980 Parking Lot (north of Zephyr $150,000 Picnic Shelter $260,000 Shoreline Stabilization $1,000,000 Aiple House Renovation $1,300,000 Vegetative Management $165,000 Contingency, CC index, Less donation $238,429 $3,397,689 Lowell Park Gazebo $500,000 Total: $12,504,270 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 20, 2022 CLOSED SESSION MEETING 6:30 P.M. Mayor Kozlowski called the meeting to order at 6:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Odebrecht, Polehna Absent: Councilmember Junker Staff present: City Administrator Kohlmann, City Attorney Land, Attorney Sienko Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to move into closed session to discuss attorney-client privileged communication regarding White Bear Lake vs DNR Litigation pursuant to Minn. Stat. §13D.05, Subd. 3(b) at 6:31 pm. All in favor. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adjourn the closed session. All in favor. The meeting was adjourned at 6:47 p.m. RECESS Mayor Kozlowski recessed the meeting until the 7:00 p.m. regular meeting. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:06 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht (arrived at 7:40 p.m.), Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos 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 Council Service Award for Commissioner Maureen Bell (Library Board of Trustees) and Scott Christensen (Parks and Recreation Commission) Mayor Kozlowski and the Council recognized Maureen Bell for over nine years of service on the Board of Library Trustees, and Scott Christensen for over 15 years of service on the Parks and Recreation Commission. Proclamation – Stillwater Area High School Mountain Bike Team City Council Meeting December 20, 2022 Page 2 of 5 Mayor Kozlowski and the Council applauded the accomplishments of the Stillwater Area High School Mountain Bike Team and proclaimed December 21, 2022 as SAHS Mountain Bike Team Day. OPEN FORUM John Hodler, 2403 Pond Circle, asked that the City assist Washington County’s implementation of the Emergency Housing Project. Mayor Kozlowski stated the Council is aware of the project, however rezoning parts of the commercial district to accommodate housing would involve a process far too lengthy for Washington County’s anticipated timeline. City Administrator Kohlmann confirmed that, in several meetings with Washington County, it was determined that the 1-2 year timeline to go through the process of rezoning would far exceed the County’s timeline. Louise Hansen, Rivertown Commons resident, inquired about bridge lights, and Councilmember Junker replied that per the vendor, people are tampering with the cords. STAFF REPORTS Public Works Director Sanders gave project updates and explained snow clearing priorities. Police Chief Mueller reported that Lakeview Hospital and the Fire Department stand ready to respond to emergencies during the upcoming snowstorm. He commended Resource Officer Brad Junker for his work on community events. He stated that he spoke at Century College on mental health; reported on personnel openings; and said Officer Tennison got a grant for defibrillators. Finance Director Provos reported the decertification for the Long Lake Villas Tax Increment Financing District will be filed and the property will go back on the tax levy. Community Development Director Gladhill gave updates on downtown parking; planning and inspections workload; and said the abatement schedule is delayed due to scheduling with the contractor. City Clerk Wolf said the City newsletter will be mailed tomorrow; Waste Management rates will increase January 1; and Zoom will no longer be available for the public to attend Council meetings. City Administrator Kohlmann reminded the Council of future discussions on the legislative agenda, facility use report, and long range financial planning. The Snow Sculpting Championship is requesting ideas for the sculpture that will represent the City. CONSENT AGENDA December 6, 2022 Regular and Recessed Meeting Minutes Payment of Bills Acceptance of Cash Donations 2022 – Resolution 2022‐159 Bureau of Criminal Apprehension Anti-Heroin Task Force Joint Powers Agreement – Resolution 2022‐160 Bureau of Criminal Apprehension Financial Crimes Task Force Joint Powers Agreement – Resolution 2022‐161 City Council Meeting December 20, 2022 Page 3 of 5 City Council and Boards & Commissions Meeting Date Changes for 2023 – Resolution 2022‐162 Coordinated Mental Health Response Agreement – Resolution 2022‐163 Designating Polling Locations for 2023 – Resolution 2022‐164 Fire Service Contract with City of Grant Hauler License Renewals for 2023 Law Enforcement Support Office Program Update – Resolution 2022‐165 Library Board of Trustees Appointments Liquor License for Melt Pizza Company – Resolution 2022‐166 Liquor License Renewal for Nacho Mamas – Resolution 2022‐167 Lobbyist Services Contract Public Works Request to Purchase Mobile Column Lifts Public Works Request to Purchase Single Axle Plow Truck St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement Stormwater Maintenance Agreement for 1749 Greeley St S (Stillwater Towing) – Resolution 2022‐168 Decertification of Long Lake Villas TIF District – Resolution 2022‐169 Liquor License Renewal for The Zephyr Theatre – Resolution 2022‐170 Councilmember Odebrecht acknowledged the work of Police Chief Mueller, Washington County and the Council in creating the Coordinated Health Response Agreement to address the need for mental health services. Councilmember Junker pointed out that this will be the 25th year of St. Croix Caterers Inc. handling the management of the ice arenas with no increase in cost. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS White Bear Lake Lawsuit Consultant Agreement Mayor Kozlowski noted the last minute addition to the agenda to approve the scope of work for LRE Water to do a water study on City wells relative to the DNR-White Bear Lake lawsuit. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve the White Bear Lake Lawsuit Consultant Agreement. All in favor. NEW BUSINESS Feasibility Report for 2023 Street Improvement Project Public Works Director Sanders presented the feasibility study for the 2023 street improvement project. There are 3.41 miles of streets proposed for improvements, 2.45 miles of mill and overlay, and 0.96 miles of full pavement reconstruction. Total cost will be $2.2 million, funded through City funds and assessments. Staff recommends that the Council accept the feasibility report and order a public hearing for January 17, 2023. City Council Meeting December 20, 2022 Page 4 of 5 Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2022‐171, Receiving Report and Calling Hearing on 2023 Street Improvement Project (Project 2023-02). All in favor. Fee Schedule for 2023 City Clerk Wolf presented the staff recommendations for fee adjustments for 2023. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2022‐172, Approving the City of Stillwater 2023 Fee Schedule. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:58 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022‐159, Resolution Accepting Cash Donations 2022 Resolution 2022‐160, a Resolution Approving State of Minnesota Joint Powers Agreement with the City of Stillwater on Behalf of its Police Department Regarding the Minnesota Anti-Heroin Task Force Program Resolution 2022‐161, a Resolution Approving State of Minnesota Joint Powers Agreement with the City of Stillwater on Behalf of its Police Department Regarding the Minnesota Financial Crimes Task Force Resolution 2022‐162, Adoption of 2023 City Council and Boards and Commissions Meeting Calendar Resolution 2022‐163, a Resolution Approving an Agreement with Washington County and the City of Stillwater on Behalf of its Police Department Regarding the Coordinated Mental Health Response Program Resolution 2022‐164, Resolution Designating 2023 Election Polling Locations within the City of Stillwater, Minnesota Resolution 2022‐165, a Resolution Supporting and Authorizing Participation by the Stillwater Police Department in the Minnesota Law Enforcement Support Office Program Resolution 2022‐166, Approving Issuance of New On-Sale Liquor License with Sunday Sales to ACG Hospitality LLC DBA Melt Pizza Company Resolution 2022‐167, Resolution Approving Renewals of Liquor Licenses for 2023 Resolution 2022‐168, Resolution Approving Stormwater Maintenance Agreement with Stillwater Towing City Council Meeting December 20, 2022 Page 5 of 5 Resolution 2022‐169, a Resolution Decertifying Tax Increment Financing District No. 8 Resolution 2022‐170, Resolution Approving Renewals of Liquor License for 2023 - The Zephyr Theatre Resolution 2022‐171, Resolution Receiving Report and Calling Hearing on 2023 Street Improvement Project, Project 2023-02 Resolution 2022‐172, Resolution Approving the City of Stillwater 2023 Fee Schedule Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 551.50 Advance Auto Parts Supplies 244.23 Backgroundchecks.com Background checks 152.10 BHE Community Solar Solar Energy 7,982.20 Canteen Refreshment Services Concession supplies 788.79 Century Power Equipment Equipment repair supplies 105.40 Cintas Corporation Uniform & mat cleaning service 305.42 CivicPlus Municode pages 397.20 Comcast TV Internet & Voice 1,482.17 Custom Truck One Source Seal kit 21.42 ECM Publishers Publications 9.50 Emergency Automotive Squad build 4,850.00 Eng Michael Reimburse for mileage 17.55 Ess Brothers & Sons Inc. Manhole rings 1,147.64 Evident Inc. Drug material containers 110.00 FleetPride Equipment repair supplies 112.11 Force America 5mb Flat Data Plan 340.00 Foundation Technologies VMware Workspace ONE standard 3,028.20 Grafix Shoppe Squad graphics 1,890.00 Grainger Tools facilities shop 777.91 Guardian Supply Uniforms and supplies 543.93 Hawkins Inc Chlorine cylinders 140.00 Heritage Printing Inc. Orange statements 201.40 Hillegass Kaia UB Refund 331.12 Huebsch Service Mat cleaning service 708.81 Jordan Joel Reimburse for work boots 67.25 Lake Country Door LLC Reset fire doors 840.00 Lawson Products Plow bolts 42.00 Linde Gas & Equipment Cylinders 65.42 Lindstrom Solar LLC Solar Energy 3,166.86 Loffler Companies VEEAM Annual Premium 2,322.83 Mansfield Oil Company Fuel 6,263.46 Menards Supplies 658.55 Miller Excavating Street & Utility Projects 115,260.92 MK Mechanical Inc Equipment repairs at Fire Dept 2,703.95 MN Recreation & Park Assoc Membership for Jason Grode 300.00 Nagell Appraisal Street Projects 3,400.00 National Fire Protection Association Membership 175.00 National Recreation & Park Assoc. Membership for Jason Grode 180.00 Polco Subscription 2,507.00 Pro-Tec Design Rec Center door card reader 229.50 Quill Corporation Office supplies 244.00 R&R Specialties Inc. Equipment repair supplies 339.60 Race Forward Membership 1,000.00 SEH Inc 2023 Street Project 13,768.80 SESAC Performance License Music License 553.00 Simplifile LC Filing Fees 150.75 St. Croix Boat and Packet Co. Ramp cleaning Aug Sept Oct 2,430.00 The Retrofit Companies Pole caps 300.15 Page 2 Total Parking Solutions Inc. Credit card kiosks for downtown parking - down pmt 13,350.00 Tri-State Bobcat Drive shaft 82.78 Walmart Community Supplies 315.76 Washington County Public Safety Radio 800 Radio User Fees 5,201.04 Water Doctors Water Treatment Filter service 241.00 WSB & Associates Inc. 2022 Street Project 118.75 LIBRARY 16 Wins Website Maintenance 380.00 Ace Hardware Janitorial Supplies 144.87 Amazon Business Face Masks 382.70 Faurot Kimberly Staff Reimbursement 110.58 Huebsch Service Towels & Rugs 133.07 Image 360 Woodbury Signage Sample 177.73 Loffler Companies Copier & Printer 545.79 Stillwater Medical Group Drug Screening 157.00 DATE: January 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Brian’s Bar Frozen Bocce Ball Event Application BACKGROUND Mr. Nick Dodge with Brian’s Bar has submitted an event application to hold an annual bocce ball tournament that will take place behind their building to the East and in parking lot # 3. The event is proposed to take place on February 18, 2023, between 5:00 AM and 1:00 AM, with most activities from 10:00 AM to 10:00 PM. The set up for this event will occur the day before the event between 9:00 AM and 6:00 PM, and the clean-up is to take place the morning after the event between 1:00 AM and 12:00 PM. This event is expected to have a turnout of around 264 participants and 200 spectators. There will be a police officer present on Saturday from 10:00 AM to 10:00 PM due to the consumption of alcohol on public property, however the selling of alcohol will take place only in the restaurant. If approved, all special event related fees will be charged according to the current fee schedule and due to the City three weeks prior to the event. ACTION REQUIRED If Council wishes to approve the special event and allow use of the City Lot #3 for 2 days for this event, a motion to approve is needed. Attachment: Site Plan. ·"· ~... Fenced in area In 9"'1 .A, 8 Court7 CoU'II Court4 Courts ,Pr ctr V\10. ~t-s TctE:61 Court2 ,Pr Court1 DATE: January 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner & Yasmine Robinson, Planning Manager SUBJECT: SECOND READING: Ordinance Amending City Code Section 31-216 (Nonconforming uses and structures) to allow for lateral expansions on non-conforming structures, CD 2022-79. BACKGROUND On December 6, 2022 the City Council approved the First Reading of this Ordinance with a minor grammatical edit. The Ordinance is now eligible for Second Reading/Adoption. Since April of 2022, the Planning Commission (the “Commission”) has considered four (4) variance applications for requests to expand an existing structure along a lawful nonconforming setback. Most recently, the Commission reviewed two (2) applications for the expansion of an existing lawful nonconforming structure at a reduced front yard lot line (Case No. 2022-63 and Case No. 2022-70). The Commission approved all four variances, due in part to the fact that the applicants were not proposing to further encroach into the nonconforming setback (closer to the property line), but only expand on that which was are already lawfully in existence by maintaining the existing setback (proximity to property line) of the existing structure. Due to the variance applications and an increased volume of similar requests at the staff level, Staff proposes language in the Zoning Code that would clarify that these situations can be approved administratively. The proposed amendment would allow lawful nonconforming structures to expand laterally at the existing lawful nonconforming standard, such as setback or impervious surface, but would not permit action that would increase the lawful nonconformity or make it more severe. Staff has worked with the City Attorney to propose an amendment to the lawful nonconforming standards to specifically allow the enlargement of a structure, provided it does not increase the existing nonconformity. Additionally, the proposed ordinance amending City Code removes language that conflicts with Minnesota Statute Chapter 462.357. City Code contained a number of outdated provisions pertaining to lawful, nonconforming uses that simply were not authorized by State Statute. At the November 16th, 2022 meeting, the Planning Commission reviewed the proposed amendment. Generally, the Commission felt that the proposed language adequately outlines the intent of the amendment and ultimately approved said amendment with a 5- 1 vote. Adoption of this amendment would allow Staff to process these specific types of requests administratively and would narrow the circumstance of a variance related to this type of condition, making them less frequent. Additionally, the proposed ordinance amendment removes language that conflicts with Minnesota Statute Chapter 462.357. RECOMMENDATION The Planning Commission recommends approval of the Ordinance Amending City Code Section 31-216 (Nonconforming uses and structures) pertaining to lawful, non-conforming structures to allow for lateral expansions on non-conforming structures provided that the non-conformity is not worsened and would have been allowed at the time of the original construction ACTION REQUESTED Motion to approve the second reading of the Ordinance Amending City Code Chapter 31, Section 31-216 regarding nonconforming uses and structures. City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-216 REGARDING LAWFUL NONCONFORMNG USES AND STRUCTURES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article II, Division 4, Section 31-216 of the City Code, Nonconforming uses or structures, is hereby amended as follows: Sec. 31-216. Nonconforming uses or structures. Any nonconformity, including the lawful use or occupancy of land, buildings, structures , or premises existing at the time of the adoption of an additional control under this Chapter 31, may be continued (including through repair, replacement, restoration, maintenance, or improvement, but not including expansion) unless: (a) Discontinuance. The nonconformity or occupancy is discontinued for a period of more than one year; or (b) Destruction. Any nonconforming use destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, and no building permit has been applied for within one year 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (c) Following the expiration of the discontinuance or destruction in subsections (a) or (b), any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. (d) The enlargement of a structure is not considered an expansion of the nonconformity as long as it does not expand, increase, enlarge or make the extent of the nonconformity more severe. (c) Changes. Upon determination by the community development director or his or her designee, any lawful nonconforming use of a structure or parcel of land can be changed to a similar nonconforming use or to a more restrictive nonconforming use, provided: (1) The enlargement, expansion, relocation or intensification will be compatible with adjacent property and the neighborhood; and (2) The enlargement, expansion, relocation or intensification will not result in significant increases of adverse off-site impacts such as traffic, noise, dust, odors and parking congestion. However, once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use unless granted a conditional use permit by the city council. (d) Displacement. No nonconforming use shall be extended to displace a conforming use. (e) Cessation; junk and wrecking yards. No junk or automobile wrecking yard that is not within an enclosed masonry building and not within a heavy industrial or unrestricted industrial district, shall be operated or maintained for more than six months after a zoning change to a use district within which such yard is not permitted. (f) Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a building, structure or premises in violation of zoning law. 2 (g) District changes. Whenever the boundaries of a district are changed to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any use that becomes nonconforming thereby. (h) Certificate of nonconforming use. If requested in writing by the land owner, and if the request Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk contains sufficient evidence to substantiate the legal non-conforming status of the property's use, the community development director shall issue a certificate of nonconforming use to all owners of legal non-conforming property, when the use does not conform to the provision of the use zone in which the property is located. In accordance with the provisions of this chapter, no use of land, buildings or structures shall be made other than as specified in the certificate of nonconforming use unless the use shall be in conformity with the provisions of the use zone in which the property is located. A copy of each certificate of nonconforming use shall be kept on file in the office of the community development department, and no permit or license shall be issued to any property for which such a certificate has been issued until the permit or license has been approved by the city council. (i) Flood Plain and Shoreland Substandard Structures in Lower St. Croix National Scenic Riverway. Notwithstanding this Section 31-216, as amended, substandard structures located in the Lower St. Croix National Scenic Riverway and the continuation and improvement of those structures will continue to be regulated by Minnesota Rules parts 6105.0351 to 6105.0550 and the regulations of the City Flood Plain and Shoreland regulations adopted pursuant to those Rules, including Section 31-400, Subd. 11 (Non-conforming uses in the Floodplain overlay district) and Section 31-402, Subd. 8 and 9 (Substandard lots and structures in Shoreland Management overlay district). SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance allows for the expansion of a lawful nonconforming structure as long as it does not make the nonconformity more severe. It also amends the existing language to be consistent with state statute in regards to timelines and removes language pertaining to standards that are no longer applicable. SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this _____ day of , 2023. CITY OF STILLWATER DATE: December 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Data Practices Policy for Members of the Public and for Data Subjects BACKGROUND Attached are new Data Practices Policy for Members of the Public required by Minnesota Statutes, Section 13.025 Subd. 2 and Data Practices Policy for Data Subjects policies required by Minnesota Statutes, Section 13.025 Subd. 3. Our last Data Practices Policy for Members was revised in 2020 and Data Practices Policy for Data Subjects hasn’t been revised since 2015. Both policies need to be updated to reflect the current staff changes within the City and the revised fee scheduled. RECOMMENDATION Staff recommends approving both policies. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to adopt a Resolution approving the Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx APPROVAL OF DATA PRACTICES POLICY FOR MEMBERS OF THE PUBLIC AND DATA PRACTICES POLICY FOR DATA SUBJECTS WHEREAS, the City of Stillwater’s Data Practices Policies required updating to reflect current staff; and WHEREAS, City Council received the updated Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects on January 3, 2023; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby adopts the Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects dated January 3, 2023. Adopted by the Stillwater City Council this 3rd day of January 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk City of Stillwater, 216 4th Street N., Stillwater, MN 55082 – 651-430-8800-www.cis.tillwater.mn.us Data Practices Policy for Members of the Public Adopted by the Stillwater City Council August 18, 2015 Amended January 7, 20203, 2023 Policy required by Minn. Stat., §13.025, subd. 2. Page 2 The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. HOW TO MAKE A DATA REQUEST To look at data or request copies of data that this government entity keeps, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts on Page 4. You may make your request for data by mail, fax, or email, using the data request form on Page 6 or by visiting the city’s website and submitting the Request for Information online form. The City cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. HOW WE RESPOND TO A DATA REQUEST Upon receiving your request, we will work to process it. If we do not have the data, we will notify you in writing via email or mailed letter as soon as reasonably possible. If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not public. If we have the data, and the data are public, we will respond to your request appropriately and promptly, within 14 business days of receipt of the request by who you contacted by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 14 business days. You may choose to pick up your copies, or we will mail or email to you. If you want us to send you the copies, you will need to provide us with an address or email address. Electronic transmittal (email) or electronic copies (flash drive) are available if we keep the data in electronic format and rates apply similar to hard copies. Information about charges is on page 5. We will arrange for you to pre‐pay for the charges. The City does not maintain an escrow account for public document requests. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. Policy required by Minn. Stat., §13.025, subd. 2. Page 3 The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, the Government Data Practices Act does not require us to answer questions that are not requests for data. REQUESTS FOR SUMMARY DATA Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make your request in writing and pre‐pay for the cost of creating the data. Upon receiving your written request –using the data request form on Page 6 – we will respond within 14 business days with the data or details of when the data will be ready and how much we will charge. Policy required by Minn. Stat., §13.025, subd. 2. Page 4 Data Practices Contacts Inquiries regarding government data created, maintained or disseminated by Stillwater City Offices are to be made during normal business hours (daily 8:00 a.m. to 4:30 p.m., excluding weekends and holidays) to: Responsible Authority J. Thomas McCartyJoseph Kohlmann, City Administrator 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800 - Fax: 651-430-8809 – jkohlmanntmccarty@ci.stillwater.mn.us Data Practices Compliance Official Beth Wolf, City Clerk 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800 - Fax: 651-430-8809 – bwolf@ci.stillwater.mn.us Data Practices Designee(s) Administration: City Clerk: .................................... Beth Wolf Human Resources: .................. Donna Robole Finance: ........................................ Sharon Provos Safety Services: Police Department: ................. Nate Meredith Fire Department ........ ............. Stuart Glaser NOTE: Chief of Police, is the designee who will receive data requests in the absence of any of the above-named Police Department designee. Deputy Fire Chief is the designee who will receive data requests in the absence of any of the above-named Fire Department designee. Public Services: Building Inspections: ............. Cindy Shilts Economic Development Authority Tim Gladhill Engineering: ............................... Shawn Sanders Park & Recreation: .................. Shawn Sanders Planning & EDA: ....................... Bill TurnbladTim Gladhill/Abbi WittmanYasmine Robinson Public Works: ............................ Shawn Sanders NOTE: Beth Wolf, City Clerk, is the designee to receive data requests in the absence of any of the above-named Public Services designees. Policy required by Minn. Stat., §13.025, subd. 2. Page 5 Costs – Members of the Public This government entity charges members of the public for copies or electronic transmittals of government data. These charges are authorized under Minnesota Statutes, Section 13.03, Subd. 3. Note: You must pay for the pages (copies or electronic transmittals) before we will provide them to you. Data on CD/DVD/Flash Drive - this does not inlclude costs for pagesof retreiving data: $15.00 Electronically Stored Data/Transmitted via pdf, 100 or fewer pages of letter or legal size: Actual Cost (minimum rate is the current year Administration Secretary hourly rate) Paper Copies For 100 or fewer pages: Black and white pages: Letter or legal size 25¢ for a one-sided Letter or legal size 50¢ for a two-sided Color or print pages per side: 8.5 x 11 (1-5 pages) $2.00 8.5 x 11 (6-50 pages) $1.75 8.5 x 14 (1-5 pages) $2.50 8.5 x 14 (6-50 pages) $2.25 11 x 17 (1-5 pages) $3.00 11 x 17 (6-50 pages) $2.75 More than 100 pages or other types of copies: Actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email or via Dropbox or similar program). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, Flash Drive, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies is the current year Administration Secretary hourly rate. If, because of the subject matter of your request, we find it necessary for a higher-paid employee (Department Heads, Managers) to search for and retrieve the data , we will calculate the search and retrieval portion at their rate. Data Practices Research Deposit $300.00 Policy required by Minn. Stat., §13.025, subd. 2. Page 6 Data Request Form – Members of the Public Date of request: I am requesting access to data in the following way: Inspection Copies Both inspection and copies Note: inspection is free but we charge for copies (hard or electronic). These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please attach additional sheets. . 1. 2. 3. 4. 5. 6. 7. 8. 9. Contact Information Name: ______________________________________________________________________________________________________ Address: ___________________________________________________________________________________________________ Daytime Contact Number: _________________________________________________ (include area code) Email address: ____________________________________________________________________________________________ You do not have to provide any of the above contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. We will respond to your request within 14 business days, or contact you if more time is needed to satisfy your request. Policy required by Minn. Stat., §13.025, subd. 2. Page 7 TO BE COMPLETED BY CITY ONLY Note: According to MS § 13.03, Subd. 3, authorizes us to charge fees to recover costs to provide copies of data, including costs associated with searching, compiling, copying, mailing, or otherwise transmitting data. Prepayment is required prior to receiving copies of data. We do not charge for inspection of data or for separating not public data from public data. DATA REQUEST RELATED TO: REQUEST SUBMITTED BY DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: PUBLIC NON-PUBLIC PRIVATE PROTECTED NON-PUBLIC CONFIDENTIAL ACTION: APPROVED APPROVED IN PART (Explain Below) DENIED (Explain Below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: CHARGES: NONE Black & White Copies: _____ Pages x $0.25 per side = $__________________ Color Copies: _____ Pages x $______ per side = $__________________ (According to City Fee Schedule) The cost of employee time to search for data, retrieve data, and make copies is the current year ________________________________ hourly rate. _____ Hours x ___________ per hour = $_____________ Other: __________________ (attach explanation) IDENTITY VERIFIED FOR PRIVATE INFORMATION: IDENTIFICATION: DRIVER’S LICENSE, STATE ID, Etc. COMPARISON WITH SIGNATURE ON FILE PERSONAL KNOWLEDGE OTHER: __________________________________ AUTHORIZED SIGNATURE: DATE: Data Practices Policy for Data Subjects Adopted by the Stillwater City Council August 18, 2015 Amended January 3, 2023 City of Stillwater, 216 4th Street N., Stillwater, MN 55082 – 651-430-8800-www.cis.tillwater.mn.us Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 2 Data about You The Government Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. CLASSIFICATION OF DATA ABOUT YOU The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. 1. Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. An example of public data about you: City of Stillwater Employees 2. Private data: We cannot give private data to the general public, but you have access when the data are about you. We can share your private data with you, with someone who has your permission, with our government entity staff who need the data to do their work, and as permitted by law or court order. An example of private data about you: Social Security numbers 3. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. We can share confidential data about you with our government entity staff who need the data to do their work and to others as permitted by law or court order. We cannot give you access to confidential data. An example of confidential data about you: The identity of the subject of an active criminal investigation. YOUR RIGHTS UNDER THE GOVERNMENT DATA PRACTICES ACT This government entity must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. Access to Your Data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 3 As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask this government entity not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When We Collect Data from You When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you /must] use the consent form we provide. Protecting your Data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has occurred and an unauthorized person has gained access to your data, we will notify you as required by law. When your Data are Inaccurate and/or Incomplete You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. HOW TO MAKE A REQUEST FOR YOUR DATA To look at data, or request copies of data that this government entity keeps about you, your minor children, or an individual for whom you have been appointed legal guardian, make a written data requests]. Make your request for data to the appropriate individual listed in the Data Practices Contacts on Page 6. You may make your request by [mail, fax, or email] using the data request form on Page 8. This government entity requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity located on Page 9. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 4 HOW WE RESPOND TO A DATA REQUEST Once you make your request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification. If we do not have the data, we will notify you in writing within 14 business days. If we have the data, but the data are confidential or private data that are not about you, we will notify you within 14 business days and state which specific law says you cannot access the data. If we have the data, and the data are public or private data about you, we will respond to your request within 14 business days, by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 14 business days. You may choose to pick up your copies, or we will mail them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on Page 9. We also will arrange for you to prepay for the copies. After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 5 Data Practices Contacts Inquiries regarding government data created, maintained or disseminated by Stillwater City Offices are to be made during normal business hours (daily 8:00 a.m. to 4:30 p.m., excluding weekends and holidays) to: Responsible Authority J. Thomas McCartyJoseph Kohlmann, City Administrator 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800- Fax: 651-430-8750 – jkohlmanntmccarty@ci.stillwater.mn.us Data Practices Compliance Official Diane Ward Beth Wolf, City Clerk 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800- Fax: 651-430-8750 – bwolfdward@ci.stillwater.mn.us Data Practices Designee(s) Administration: City Clerk: .................................... Diane WardBeth Wolf Human Resources: .................. J. Thomas McCarty/Diane WardDonna Robole Finance: ........................................ Sharon HarrisonProvos Safety Services: Police Department: ................. Nate Meredith Fire Department ........ ............. Stuart Glaser NOTE: John Gannaway, Chief of Police, is the designee who will receive data requests in the absence of any of the above-named Police Department designee. Tom Ballis, Deputy Fire Chief is the designee who will receive data requests in the absence of any of the above-named Fire Department designee. Public Services: Building Inspections: ............. Cindy Shilts/John Nobles Economic Development Authority Tim Gladhill Engineering: ............................... Shawn Sanders Park & Recreation: .................. Shawn Sanders Planning & EDA: ....................... Bill Turnblad/Abbi WittmanTim Gladhill/Yasmine Robinson Public Works: ............................ Shawn Sanders NOTE: Diane WardBeth Wolf, City Clerk, is the designee to receive data requests in the absence of any of the above-named Public Services designees. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 6 Copy Costs – Data Subjects An individual who is the subject of stored private or public data on individuals may inspect the data without any charge. This government entity charges data subjects for the actual cost of making and certifying copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. You must pay for the copies before we will give them to you. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for subject data, retrieve data, and make copies is the City Clerk’s hourly rate of $36.51 per hour current year Administration Secretary hourly rate. If, because of the subject matter of your request, we find it necessary for a higher-paid employee (such as Department Heads, Managers, Human Resources Manager,) to search for and retrieve the data, we will calculate the search and retrieval portion of the copy charge at the higher salary/wage of the position retrieving the information. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 7 Data Request Form – Data Subjects Date of request: ___________________________________________________ To request data as a data subject IN PERSON, you must show a valid state ID, such as a driver’s license, military ID, or passport as proof of identity. Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. (i.e. a Release Letter from another agency (i.e., BCA, State Patrol etc. requesting background information) I am requesting access to data in the following way: Inspection Copies Both inspection and copies Note: inspection is free but we charge for copies. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please Attach additional sheets 1. 2. 3. 4. 5. 6. 7. 8. 9. Contact Information Name: ______________________________________________________________________________________________________ Parent/Guardian name (if applicable)___________________________________________________________________ Address: ___________________________________________________________________________________________________ Daytime Contact Number: _________________________________________________ (include area code) Email address: ___________________________________________________________________________________________ We will respond to your request within 14 business days. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 8 Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID A minor individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID The parent or guardian of a minor must provide a valid photo ID (as listed above) AND either: o a certified copy of the minor’s birth certificate or o a certified copy of documents that establish the parent or guardian’s relationship to the child, such as a court order relating to divorce, separation, custody, foster care a foster care contract an affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 9 TO BE COMPLETED BY CITY ONLY Note: According to MS § 13.03, Subd. 3, authorizes us to charge fees to recover costs to provide copies of data, including costs associated with searching, compiling, copying, mailing, or otherwise transmitting data. Prepayment is required prior to receiving copies of data. We do not charge for inspection of data or for separating not public data from public data. DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: PUBLIC PRIVATE DATA CONFIDENTIAL ACTION: APPROVED APPROVED IN PART (Explain Below) DENIED (Explain Below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: CHARGES: NONE Black & White Copies: _____ Pages x $0.25 per side = $__________________ Color Copies: _____ Pages x $______ per side = $__________________ (According to City Fee Schedule) The cost of employee time to search for data, retrieve data, and make copies is the 2015 City Clerk hourly rate. _____ Hours x $36.51 per hour = $_____________ Other: __________________ (attach explanation) IDENTITY VERIFIED FOR PRIVATE INFORMATION: An adult individual OR minor individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID o a Minnesota school ID (applicable to minor only) Type: of ID:____________________________________________ The parent or guardian of a minor must provide a valid photo ID and either o a certified copy of the minor’s birth certificate or o a certified copy of documents that establish the parent or guardian’s relationship to the child, such as a court order relating to divorce, separation, custody, foster care a foster care contract an affidavit of parentage Type: of ID:____________________________________________ AUTHORIZED SIGNATURE: DATE: SUBMIT/RETURN FORM CITY CLERK DATE: December 26, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Designating a Responsible Authority in accordance with the State Data Practices Statute BACKGROUND Each January, City Council must appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City as required by Minnesota Statutes Section 13.02, Subd. 16. ACTION REQUESTED Staff recommends appointing Joseph Kohlmann, City Administrator, as the Responsible Authority. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion adopting a resolution designating a responsible authority and assigning duties in accordance with the State of Minnesota data practices statute. City of Stillwater Washington County, Minnesota RESOLUTION 2023- DESIGNATING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES IN ACCORDANCE WITH THE STATE OF MINNESOTA DATA PRACTICES STATUTE WHEREAS; Minnesota Statutes, Section 13.02, Subd. 16, as amended, requires that the City of Stillwater appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City; and WHEREAS, the Stillwater City Council shares concern expressed by the Legislature on the responsible use of all City data and wishes to satisfy this concern; and WHEREAS, the City Council has appointed an administratively qualified Responsible Authority as required by the statute in the past; and WHEREAS, the Stillwater City Council wishes to update the appointment for 2023. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater appoints Joseph Kohlmann, City Administrator, as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register. BE IT FURTHER RESOLVED, as follows: 1. To ensure that all individual data is available to the Responsible Authority and Data Compliance Officer all personnel, background investigation (raw and summary data), training, disciplinary and medical files shall be retained in a secure location as deemed appropriate by the Responsible Authority (City Administrator) and Data Compliance Officer (City Clerk). 2. That the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. Adopted by the Stillwater City Council this 3rd day of January 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: December 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Designating Polling Locations for 2023 City Council passed Resolution 2022-164 designating election polling locations within the City of Stillwater for 2023 per Minnesota Statute 204B.16, subd. 1 at their December 20, 2022 meeting. Upon filing the resolution, staff noticed an error in one of the locations, therefore another resolution is needed to correctly designate the polling locations for 2023, see attached. ACTION REQUESTED Council should pass a motion to approve a resolution Designating Election Polling Locations within the City of Stillwater for 2023. City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION DESIGNATING 2023 ELECTION POLLING LOCATIONS WITHIN THE CITY OF STILLWATER, MINNESOTA WHEREAS, Minnesota Statute 204B.16, subd. 1, states that by December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory must designate by ordinance or resolution a polling location for each election precinct. WHEREAS, designated in this resolution are the polling locations for 2023 calendar year unless a change is made: (1) pursuant to section 204B.175; (2) because a polling place has become unavailable; or (3) because a township designates one location for all state and federal elections and one location for all township only elections. WHEREAS, City Council designated election polling locations on December 20, 2022 by Resolution 2022-164 and this Resolution is hereby recinded due to a polling location error; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council hereby designates that the following polling locations for the any special elections in the City and will be open from 7:00 am to 8:00 pm for voting: Ward 1, Precinct 1 – St. Paul Lutheran Church, 609 5th Street S Ward 2, Precinct 2 – Trinity Lutheran Church, 115 4th Street N Ward 3, Precinct 3 – Stillwater Evangelical Free Church, 7671 Manning Ave N Ward 4, Precinct 4 – Our Saviors Lutheran Church, 1616 Olive St W Adopted by the Stillwater City Council this 3rd day of January 2023. CITY OF STILLWATER ___________________________ Ted Kozlowski, Mayor ATTEST: _________________________ Beth Wolf, City Clerk DATE: December 27, 2022 TO: Honorable Mayor and City Councilmembers FROM: Sharon Provos, Finance Director SUBJECT: Designated City Authority to Make Electronic Funds Transfers BACKGROUND Minnesota Statutes 471.38 and 471.381 require that on an annual basis, the City must delegate the authority to make electronic funds transfers. RECOMMENDATION It is recommended that the Council designate the authority to make electronic funds transfers to Sharon Provos, Vanessa Norby, Sarah Erenberg, Kathy Berwald and Tracy Anderson. ACTION REQUESTED If the Council agrees with the recommendation, they should pass a motion to approve Resolution Approving the Following City Employees as the Official Designated City Authority to make Electronic Funds Transfers . City of Stillwater Washington County, Minnesota RESOLUTION 2023- A RESOLUTION APPROVING THE FOLLOWING CITY EMPLOYEES AS THE OFFCIAL DESIGNATED CITY AUTHORITY TO MAKE ELECTRONIC FUNDS TRANSFERS WHEREAS, on an annual basis, the governing body must delegate to a designated business administrator the authority to make electronic funds transfers. This requirement is mandatory for local government entities. Statutes governing electronic funds transfers include §471.38 and §471.381. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the following employees, Sharon Provos, Vanessa Norby, Sarah Erenberg, Kathy Berwald, and Tracy Anderson, are appointed as official designated authority to make electronic funds transfers. Adopted by the City Council this 3rd day of January 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: December 27, 2022 TO: Honorable Mayor and City Councilmembers FROM: Sharon Provos, Finance Director SUBJECT: Designation of Depositories for 2023 BACKGROUND Minnesota Statutes Chapter 118A.02 requires that the governing body of each government entity to designate on an annual or biannual basis, one or more financial institutions as a depository for its public funds. RECOMMENDATION It is recommended that the Council review the financial institutions listed in the Designation of Depositories for 2023 resolution and designate them all. ACTION REQUESTED If the Council agrees with the recommendation, they should pass a motion to approve Resolution Designation of Depositories for 2023. City of Stillwater Washington County, Minnesota RESOLUTION 2023- DESIGNATION OF DEPOSITORIES FOR 2023 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following is hereby designated as an City depositories for the year 2023: First Resource Bank First State Bank and Trust Bayport Lake Elmo Bank MidWest One Minnesota 4-M Investment Fund Oppenheimer Raymond James U.S. Bank Wells Fargo Securities Adopted by the Stillwater City Council this 3rd day of January, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk DATE: December 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: 2023 Vice Mayor Appointment BACKGROUND As required by City Charter, Article VI, Section 6.02, the Council must elect one of the members to be vice mayor who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. ACTION REQUIRED Elect a vice mayor and adopt a resolution designating council vice-mayor for 2023. City of Stillwater Washington County, Minnesota RESOLUTION 2023- DESIGNATING COUNCIL VICE MAYOR FOR 2023 WHEREAS, Article VI, Section 6.02 of the Stillwater City Charter states the Council shall elect one of its members to be vice-mayor; and WHEREAS, on January 3, 2023 the Council held such an election; and WHEREAS, Councilmember Michael Polehna was elected by unanimous vote as Vice Mayor. BE IT RESOLVED by the City Council of Stillwater, Minnesota, that Councilmember Michael Polehna is hereby designated a Council Vice Mayor. Adopted by the Stillwater City Council this 3rd day of January, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: January 3rd, 2023 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: Automatic External Defibrillator (AED) Donation BACKGROUND The City of Stillwater Police Department applied for and received a grant from the University of Minnesota Center for Resuscitation Medicine (CRM). This grant opportunity was made possible by the Leona M. and Harry B. Helmsley Charitable Trust who provided the CRM with an $18.8 million dollar grant to fund the Minnesota AED project. This project provides law enforcement agencies and first responders with automatic external defibrillators (AEDs), with a goal of providing 8,300 AED’s throughout Minnesota. The value of this donation is close to $50,000. In addition to providing the AED’s, the Helmsley Charitable Trust will help cover some of the expenses related to replacement batteries and pads for the next 8 years. Furthermore, they will replace AED pads free of charge that are used during the course of a cardiac arrest incident. RECOMMENDATION Staff recommends acceptance of the donation of 22 Stryker Lifepak CR2 AED’s ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a RESOLUTION APPROVING THE DONATION OF 22 STRYKER LIFEPAK CR2 AEDS. City of Stillwater Washington County, Minnesota RESOLUTION 2023- A RESOLUTION APPROVING THE DONATION OF 22 STRYKER LIFEPAK CR2 AEDS WHEREAS, a grant opportunity was made possible by the Leona M. and Harry B. Helmsley Charitable Trust who provided the University of Minnesota Center for Resuscitation Medicine (CRM) with an $18.8 million grant to fund the Minnesota AED project; and WHEREAS, in addition to providing the AEDs, the Helmsley Charitable Trust helps cover some of the expenses related to replacement batteries and pads for the next 8 years and replace AED pads free of charge that are used during the course of a cardiac arrest incident; and WHEREAS, the City of Stillwater was chosen as a grant recipient to receive 22 Stryker Lifepak CR2 AEDs with the related expenses; and WHEREAS, the value of this donation is close to $50,000. WHEREAS, the City of Stillwater on behalf of its Police Department desires to accept this donation to deliver immediate care, improving cardiac arrest survival. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that the City of Stillwater on behalf of its Police Department accepts this generous donation of 22 Stryker Lifepak CR2 AEDs and related expenses from the University of Minnesota Center for Resuscitation Medicine. Adopted by the Stillwater City Council this 3rd day of January, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk DATE: January 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager SUBJECT: Renewal for Employee Assistance Services DISCUSSION The City of Stillwater offers its employees Employee Assistance Program (EAP) services that provide short term assessment and brief counseling for a wide variety of personal and work-related wellness concerns. The service is provided by the Sand Creek EAP, LLC. With this service, the City’s employees and their family members have an arena of EAP options including: • Mental Health and Chemical Dependency Counseling • Life Coaching • Member Portal and Mobile App 24-hour digital tools • Financial Consultation • Legal Consultation and referral • Work-Life Resources, including child care and elder care resources • Personal Assistant referrals for travel, entertainment, professional services • Medical Advocacy • Online access to articles, webinars, podcasts, soft skills training, wellbeing tools The annual cost for this service is $27.07 per employee and is included in the 2023 budget. ACTION REQUESTED Motion to approve resolution entitled, “Approving 2023 Renewal for Employee Assistance Services through Sand Creek EAP, LLC.” City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING 2023 EMPLOYEE ASSISTANCE SERVICES THROUGH SAND CREEK EAP WHEREAS, the City of Stillwater as an employer offers employee assistance program services to its employees and family members; and WHEREAS, the City of Stillwater delivers its employee assistance program through service provider Sand Creek EAP, an AllOne Health Company; and WHEREAS, the employee assistance program services are provided by Sand Creek Group, Ltd., for $27.07 per employee per year (included in the 2023 budget); and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves renewal of the agreement for Employee Assistance Program services through the Sand Creek EAP. Adopted by the Stillwater City Council this 3rd day of January 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk SANDCREEKEAP ,.,.,....--An AIIOnt' Health Company EAP Benefits Included For Employees & Household Family Members Mental Health Counseling Helps manage stress, anxiety, and depression, resolve conflict, improve relationships, overcome substance abuse, and address any personal issues. Life Coaching Reach personal and professional goals, manage life transitions, overcome obstacles, strengthen relationships, and build balance . Financial Consultation Build financia l wellness related to budgeting, buying a home, paying off debt, managing taxes, preventing identity theft, and saving for retirement or tuition. Legal Consultation Get consultation on personal legal matters including estate planning, wills, real estate, bankruptcy, divorce, custody, and more. Includes one, 30-minute consultation with a qualified attorney and a 25% discount for continued services. Work-Life Resources and Referrals Obtain information and referrals when seeking childcare, adoption, special needs support, eldercare, housing, transportation, education, and pet care. Personal Assistant Save time with referrals for travel and entertainment, seeking professional services, cleaning services, home food delivery, and managing everyday tasks. Medical Advocacy Get help navigating insurance, obtaining doctor referrals, securing medical equipment or transportation, and planning for transitional care and discharge . Member Portal and Mobile App These digital tools enable you to access your benefits 24/7 /365 with on line requests and live chat options. They also provide easy access to thousands of articles, webinars, podcasts, marketplace discounts, soft skills training, and tools covering total well-being . Included For Managers Dedicated Account Manager Meets with you to assist in program planning, implementation, ongoing program management, utilization review, and strategic planning. These meetings enable us to create an active partnership with your organization and ensure that we achieve the mutual goals and objectives of the program. Program Implementation Your ded icated account manager works with you to launch your EAP. Meetings w ith management and designated employee groups help us create a program that runs parallel to the ph ilosophy, culture, and current operati ng environment of your business. Th is can include the development of policies involving the EAP, formal referral policy and forms, drug and alcohol policies, critical incident response, and workplace violence protocol. Orientation and Training AIIOne Health offers virtual orientation sessions for all employees, as well as supervisor training on the EAP and how to identify troubled employees. Also included is a l ibrary of promotional flyers and orientation videos. Program Promotion AIIOne Health provides diverse program implementation and promotional materials with best practices in employee benefits communication to achieve maximum utilization . Get on-demand access to resources and tools for managers and supervisors to promote employee engagement, manage performance, and assist in referrals for employees' persona I issues. Check out the Sand Creek promotional toolkit to assist you. Click Here Utilization Reporting We provide comprehensive reports to measure the effectiveness of your Assistance Program. All data is compiled in aggregate form to help ensure the confidentiality of your employees and their family members. Your account manager will regularly review this report with you. Reviews provide management with a qualitative interpretation of the data, review of service delivery, analysis of activity, and summary of customer satisfaction, to ensure that your EAP is on track to meeti ng your goals and objectives. . ,,. .. ,,. ...... ~.,, ,,. .. ,,.. .... ,,. . .,,,.,.,,,.. ... ,,. .. , ... .,,,. .......... ,. .. ,,.. ..... ,. ... ,,-. ,,.. .. ,,..,~ .. ,. .... ,.. ... ,,. ......... ,,. ... ,,. ... , .... , .. ,,. ........ ,,... ,,.. ......... ,,. ,,. ........... ,.. .... ,. .... ,.. .......... ,. ........................ ,. .. , ... -~,..---, © AIIOne Health CUSTOMER SERVICES AGREEMENT (U.S. Based Employees Only) This CUSTOMER SERVICES AGREEMENT (the "Agreement"), dated as of January 1, 2023, is entered into by and between Sand Creek EAP, a limited liability corporation with its principal place of business located at 5401 Gamble Drive, #107, St. Louis Park, MN 55416 doing business as Sand Creek EAP or AIIOne Health ("Company") and City of Stillwater with its principal place of business located at 216 North 4th Street, Stillwater, MN 55082 ("Customer"), collectively referred to herein as "Parties" and each as "Party." PREAMBLE WHEREAS, Customer wishes to engage the Company to provide emp loyee assistance services and the Compa ny wishes to provide such services upon certain terms and conditions . NOW, THEREFORE, in consideration of the recitals listed above and the mutual promises, cove nants, agreements, and undertakings of the Parties set forth below, and other good and valuable consideration, the rece i pt and sufficiency of which are acknowledged, the Parties, i ntending to be legally bound, agree as foll ows : ARTICLE I. COMPANY RESPONSIBILITIES 1.1 Description of Services. The Company shal l provide services to Customer pursuant to the attached Statement of Work/Fee Schedu l e (Exhibit A), which is incorporated he rei n by reference, (sometimes collectively referred to as "Services"). 1.2 The Company's Intellectual Property. The Agreement is not a work-for-hire ag ree ment. The Comp an y retains exclusive right, title and interest in intellectua l property developed, delivered, or used in the performance of the Agreement. Neither the Agreement nor any Statement of Work changes the ownersh i p of any pre-existing materials. Customer shall have no ownership interest i n software used by the Company. All wor k product generated or acquired by the Company shall be the exclus ive property of the Compa ny . Work product sha ll include all cl inica l data and supporting records and other information. All such work product is confidential pu r sua nt to Arti cle 2 of th e Agreement. ARTICLE II. CONFIDENTIALITY 2.1 Confidential Information. "Confidential Information" means i nformation or data of a Disclosing Party concern i ng its business operations, methods and strategies, financial co ndition, technology, or prospects, in any form or medium (including writ i ngs, drawings and electronically stored i nformati on and data), whether or not marked or labeled as "confidential." Confidential Information also includes : (i) a Disclos ing Party's techn ica l information, confidential data and trade secrets; (ii) a Disclosing Party's nonpublic Intell ect ual Property ("IP") (for example, inventions, d iscoveries, designs, methods, processes and ideas, whether or not patent ed or patentable), mask works and works for authorship, whether copyrighted or copyrightable; (iii) any other i nformation or data whether i n written, electronic or oral form, directly or indirectly or made available by Disclos i ng Party or any of its or its affiliates' employees or independent contractors to the non-disclosing party in connection with the activities contemplated by this Agreement that is designated "Confidential" or "Pr oprietary'' or some sim ilar designation or that would reasonably be expected to be confidenti al under the circumstances, including infor mation related to the Disclosing Party's business or operations (inc l udi ng financial, co r porate, marketing, prod uct, research, techn ical , manufacturing and other nonpublic information) or to its or its affiliates' em ployees, custome rs, su ppli ers and ot he r bus i ness partners, property-related information, personally identifiable information, sensitive pe rsonal inform atio n (including the substance of inqui ri es or requests made by Customer's emp loyees through the Se rvices); and (iv) all tangible manifestations (however embodied) of information or data referred to in clauses (i), (ii) and (iii) above (for example, computer software, firmware, scripts or objects, hardwa r e, programmer's notes, databases, ma nua ls, training manual s and materials, memoranda, reports, drawings, sketches, flowcharts, mode ls, prototyp es, files, films, records o r forms). 2.2 Receiving Party. A Party that acquires knowledge of the othe r Pa rty's (a "Di sclos ing Party'') Confidential Information is considered the "Receiving Party." The Receiving Party shall keep Confide nt ial Information in Member Customer Services Agreement Page 2 of 9 confidence using the same degree of care as the Receiving Party uses with its own Confidential Information or a reasonable degree of care, whichever is greater. The Receiving Party will not use, exploit, disseminate, disclose, or divulge Confidential Information to any person, firm, corporation, partnership, association, or other entity, without the prior written consent of the Disclosing Party. 2.3 Applicability of Confidentiality. Notwithstanding the foregoing, a Receiving Party is not required to hold a Disclosing Party's information "confidential" if the information : (i) becomes publicly known, after disclosure in connection with this Agreement, through no act or omission of the Receiving Party; (ii) was, prior to disclosure in connection with this Agreement, already in the legitimate possession of the Receiving Party or publicly known; (iii) is obtained by the Receiving Party from a third party (a) without using the Disclosing Party's Confidential Information and (b) without a breach of such third party's obligations or violation of law, rule or regulation; (iv) is independently developed by the Receiving Party without use of or reference to the Confidential Information; (v) is required to be disclosed pursuant to judicial or governmental judgment, writ, decree, or order; or (vi) becomes relevant to the Receiving Party in any claim, demand, suit, action or proceeding instituted or defended by it in connection with the enforcement of its right or obligations under this Agreement. If the Receiving Party is required to disclose Confidential Information as contemplated in Section 2.3(v), the Receiving Party may disclose only such information as, in the opinion of counsel, is legally required. The Receiving Party shall provide Disclosing Party, to the extent reasonably possible, advance notice to allow the Disclosing Party to seek, at its own expense, a protective order. The Receiving Party shall, at the Disclosing Party's expense, reasonably cooperate with the Disclosing Party's efforts to seek such a protective order. 2.4 Retention. The Company may retain, for its own general analytic purposes, after termination of the Agreement, de-identified aggregate data that is: (i) compiled from the raw data disclosed by Customer to the Company; or (ii) compiled from raw data collected from Customer's employees or their health care providers. 2.5 Information Security Program. The Company maintains an information security program to protect personally identifiable information. The information security program includes administrative, technical, and physical safeguards: (a) to ensure security and confidentiality; (b) to protect information against any anticipated threats or hazards to security and integrity; and (c) to protect information against unauthorized access to or use that could result in harm, liability, or inconvenience to Customer or to its employees. The Company will report breaches of security to Customer when the security breach involves Customer information or information related to employees or any other individuals that is collected by and held by or on behalf of the Company . 2.6 Security Breach. If the Company believes that there has been any unauthorized access to or use of information related to employees or any other individuals that is collected by and held by or on behalf of the Company (a "Security Breach" of "Customer Data"), the Company must notify Customer after completion of its internal review and investigation. ARTICLE 111. TERM, PAYMENT AND TERMINATION 3.1 Term. The Agreement commences on the effective date set forth on Exhibit A ("Effective Date") and ends at 5:00 p.m . Eastern Standard Time on December 31, 2023, or until terminated sooner pursuant to Section 3.3 of the Agreement (the ''Term"). The Agreement automatically renews for one (1) year terms unless written notice is provided at least 120 days prior to the expiration date or any extension or renewal thereof. 3.2 Payment. In consideration for the Company rendering the Services, Customer agrees to pay the Company such amounts as set forth in Exhibit A ("Service Fees"). These fees will be fixed for the Initial 12-month term, unless the Customer has an employee enrollment change of ten percent {10%) or more, whereby the Company has the right to review and revise pricing accordingly. The Customer shall report employee enrollment changes of ten percent (10%) or more in writing with payment remittance. The Company has a right to review and revise pricing accordingly on past and future invoices related to the ten percent (10%) change. Any other adjustments to fees will go into effect each successive term on or after the anniversary date at the Company's sole discretion, but not to exceed the Consumer Price Index (CPI) or rate of inflation at that time, unless otherwise mutually agreed upon . The Member Customer Services Agreement Page 3 of9 Company w ill send Customer an annual invoice for services rendered to Customer. Customer shall make paym ent upon r eceipt of the invoice. If the invoice is not paid within fifteen (15) days following the i nvoice date, the invoice amount accrues interest at a rate of 1.25% per month. However, Customer's total interest liab ility will not exceed the limits imposed by law. If the Company charges Customer for inter est more than the lim its i mposed by law, the Company will credit Customer the excess interest on the Company's next invoice. If the excess interest is great er than the amount of the Company's next invoice, the Company will refund Customer the amount of excess i nter est owed above the next invoice amount. 3.3 Termination . Either Party may terminate the Agreement if the other Party materi ally breaches the Agreement and fails to cure such breach within sixty (60) days after rece i pt of written notice of such breach fro m the other Party. Termination shall not prejudice any other remedy to whic h the term i nating Pa rty may be entit l ed at law, i n equity or under the Agreement. 3.4 Effect of Termination. The Company is entitled to full compensation for work performed prior to termination . 3.5 Indebtedness. If Customer is unable to pay its debts as they become due, the Company may terminate t he Agreement at its discretion and proceed to enforce Customer's performance. This Sectio n 3.5 supersedes all pri or contract terms and conditions. 3.6 Bankruptcy. Either Party may terminate the Agreement if the other Party: (i) ceases doing bus i ness as a going concern ; (ii) makes an ass ignment for the benefit of creditors; (i ii ) admits in writing its inab il ity to pay its debt s as they become due; (iv) commences, or has commenced against it, bankruptcy proceedings in any jurisdiction and such proceedings are not dism issed within 30 days; or (v) files a petitio n seeking for itse lf any reorganizatio n, arrangement, composition, r eadjustment, liquidation, dissolution or sim il ar arrangements under any present or future statute, law or regulation or files an answer admitting the materia l al legations of a petit ion filed against it i n any such proceeding, consents to or acquiesces in the appointment of a custodian, trustee, rece iver, liquidator of it or of all or any substantial part of its asset or properties, or if w ithi n 45 days after the co m mencement of any proceeding against the Party seeki ng reorganization, similar arrangements, readjustment, liqu ida t ion, dissolution or similar relief under any present or future statue, law or regulation, such proceedings shall not have been dismissed , or if within 45 days after appointment of any custodian, trustee, receiver or liquidator of it or al l or any substantia l part of its assets and properties without the Party seeking reorgan ization's consent or acq ui escence, and the appointment has not been vacated . ARTICLE IV. INDEMNIFICATION 4.1 Mutual Indemnification. To the fulle st extent permitted by law, each Party shall i ndemnify, defend (with counsel reasonably acceptable to the other Party), and hold harmless the other Party and its affiliates, and its and their respective officers, directors, partners, shareholders, employees, representatives , agen t s, successors and assigns (each an "Indemnified Party") from and against any and all l i abili ti es, losses , claims, da m ages, expenses and costs (including reasonable attorneys' and consultants' fees and disbursements) (collective ly, "Losses") arising from or relating to: (1) any negligent act or omission, in whole or in part; (ii) any violation of any applicable statute o r regulation i n the performance of this Agreement; and (iii) any fraud , wi ll fu l misconduct or gross negligence of t he other Party, its affiliates or any subcontractor. ARTICLE V. WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY 5.1 Warranty. The Company will use commercia lly reasonable efforts to perform the Services in a profess iona l manner, consistent with i ndustry standards. Except as described in the Agreement or a Statement of Work, t he Company makes no other wa rranties. The Company warranties exte n d solely to Customer . This warranty gives Customer specific legal rights, and Customer may also have other rights, which vary from state to state. Except fo r non-payment, neither Party will bring a legal action under the Agreement more than two (2) years after the cau se of action arose. Member Customer Services Agreement Page 4 of 9 5.2 Disclaimer. TO THE EXTENT PERMITIED BY LAW AND AS PROVIDED HEREIN, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR PRODUCTS AND SERVICES. 5.3 Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IFTHE OTHER PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . COMPANY'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER, FOR THE PERIOD OF 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH DAMAGES, UNDER THE AGREEMENT FOR THE RELEVANT SERVICES. ARTICLE VI. THIRD PARTY INFORMATION/LIMITATIONS OF RESPONSIBILITY 6.1 Responsibility and Liability for Third Parties. It i s specifically understood and agreed by the Parties that neither Party assumes responsibility or liability for the accuracy, completeness, propriety, necessity, or advisability of the information which is provided to the Company or Customer by or from third parties including counselors, affiliates, coaches, coordinators, clinics, or any other entities providing i nformation to the Company or Customer. 6.2 Limitations of Responsibility. The Parties understand and agree that Company shall have no responsibi lity of any kind to Customer and any individual employee of Customer or any other person, firm, corporati on, or entity for any of the following: (1) verification of any individual's elig ibility, or entitlement to group medical/health plan coverage, or coverage contained within or excluded from said group health plan; (2) verification for any participant's provi der's network status; (3) payment of any individual's medical, hospital, or other bills, debts, obligations, or other liabilities of any kind relating to medical or surg ical treatment of confinement; (4) benefit decisions -the role of the Company being limited to making clinical recommendations to a health benefit plan's named fiduciary; and (5) notification to any individual of an adverse benefit determination based upon, or related to, a clin i cal recommendation by Company. 6.3 Customer Obligations. The Company shall not be liable for any obligation, indebtedness, or liability of Customer, whether now existing or hereafter arising, and the Company shall not, by entering into the Agreement, assume or become liable for any of such obligations, in·debtedness, or liabilities. ARTICLE VII. AUTHORIZATION FOR COMMUNICATIONS 7.1 Communications. Customer shall not distribute descriptive materials of any type which reference the various components of the services provi ded by the Company without first subm itting such proposed materials to the Company for review and obtaining prior written authorization from the Company. Customer further expressly acknowledges that all intellectual property rights of the Company, its successors and/or assigns, shall remain the sole and exclusive property of the Company, its successors and/or ass igns consistent and i n accordance with the prior approval obtained by the Company from the United States Patent and Trademark Office and any other ava ila ble remedies or protection(s) available unto the Company. 7.2 Irreparable Harm to the Company. It is further expressly agreed that a br each by Customer of any provis ion of the preceding covenant will cause the Company irreparable harm which cannot be adequately compen sated by monetary relief. Accordingly, in the event of any such breach, the Company can and will be entitled to equitable relief (including but not limited to temporary restraining orders, preliminary and/or permanent injunctions), in addition to any other remedies available at law or in equity now or hereinafter i n force. ARTICLE VIII. GENERAL PROVISIONS 8.1 Notice. All notices and other communications required or permitted hereunder or in connection herewith, shall be deemed to have been duly given if they are in writing and delivered personally or sent by registered or Member Customer Services Agreement Page 5 of 9 certified ma il , return receipt req u ested and postage prepaid. They sha l l be addressed as fol lows: Sand Creek EAP, LLC Attn: Lega l Department 100 North Pennsylvania Avenue Wilkes-Barre PA 18701-3503 City of Stillwater Attn: Donna Robole 216 North 4th Street Stillwater, MN 55082 Provided, however, that either Party may change such Party's address by w ri tten notice of such change in accordance with this Section 8.1 to the other Party. 8.2 Governing Law. The Agreement shall be governed by and construed under the laws of t he Commonwea lth of Pennsylvania, without giving effect to the principles of conflict of laws thereof. Additi onally, the Parties agree that any legal action or proceeding brought by or against them under this agreement shall be exclus ively brought in t ne courts in and for Luzerne County, Pennsylvania, and Wilkes-Barre Division of the United States District Court for t he Middle District of Pennsylvan i a and that the parties submit to such jurisd iction and waive all obj ections whi ch they may have w ith respect to the venue of the above courts. 8.3 Entire Agreement. The Agreement, togethe r with the exhib its attached hereto, constitutes the entire understandi ng and agreement between the Parties w ith respect to the provisions of the Se rv ices and supersedes any and all prior agreements whether written or oral, that may exist between the Parties so lely w ith respect to such subject matter. The Preamble and Exhibit A are incorporated into the Agreement by reference . 8.4 Modifications and Amendments. No modification, alteration, change or wa ive r of any provi sion of t he Agreement shall be valid unless it is in writing and signed by the Party aga inst whom it is sought to be enforced. No waiver at any time of any provisi on of the Agreement shall be deemed a waiver of any other provision of the Agreement at that time or a waiver of that or any other provision at any other time. 8.5 Statement of Work/Fee Schedule Amendments. Notwithstanding Section 8.4, Custo mer may request t he Company to make changes to its Statement of Work/Fee Schedule or to perform add it i onal Services ("Modified Services"). Upon such request by Customer, the Company shall submit i n writing a proposal for accomplishing t he Modified Services and any associated increase or decrease in the Service Fees. If Custo mer elects to have t he Company perform the Modified Services, th e Company shall prepa re an am ended Statement of Work/Fee Schedu le that describes and outlines the terms of the Modified Services to be pe rformed. Such ame nded Stateme nt of Work/Fee Schedule shall be mutually agreed upon, signed, and dated by both Parties. The Co m pany shall not be obligated to perform the Modified Services prior to the execution of the amended Statement of Wor k/Fee Schedule. 8.6 Assignment and Third-Party Beneficiaries. Ne ither Party may assign the Agreement w ithout the expressed written consent of the other Party, which consent shall not be unrea sonably conditioned, w ithhel d o r del ay ed . Notwithst andin g the foregoing, either Party may ass ign the Agreement to its parent, a subs idia ry, or an affiliated company w ithout the expressed written consent of the other Party. Fu rthermore, either Party may ass ign th e Agreement to a third party solely i n connection with a sale or other dispos ition of substantial ly all the assets of the assigning Pa rty's business without the expressed written consent of the other Party. Other than i n connection with indemnificati on under Section 4.1, the Agreement does not, nor is i t i ntended to, create any r ights, benefi ts , o r interests in any third party, person, or organization. 8.7 Captions and Headings; Interpretation. Captions and headings contained he rei n are sol ely for convenience of reference and shall not constitute a part of, or affect the i nterpretation or construction of, the Agreement. Except as otherwise explicitly specified to the contrary, (a) r eferences to a Section , Article, exhibit or Member Customer Services Agreement Page 6 of 9 schedule means a Section or Article of, or schedule or exhibit to this Agreement, unless another agreement is specified, (b) the word "including" (and words of similar import) means "i ncluding without limitation," (c) references to a particular statute or regulation include all rules and regulations thereunder and any predecessor or successor statute, rules or regulation, in each case, as amended or otherwise modified from time to time, (d) words in the singular or plural form i nclude the plural or singular form, respectively, and words of one gender shall be held to include al l genders as the context requires, (e) references to the Parties means the Parties hereto, unless another agreement is specified, (f) references to a particular person include such person's successor and assigns to the extent not prohibited by this Agreement, (g) "extent" in the phrase "to the extent" means the degree to which a subject or other th ing extends, and such phrase does not mean simply "if," (h) the headings contained in this Agreement, in any exhibit or schedule hereto and in the table of contents to this Agreement are for reference purposes only and shall not effect in any way the meaning or i nterpretation of this Agreement, (i) references to"$" shall mean Un ited States dollars, (j) the word "or" is not exclusive, (k) the words "hereof," "herein," "hereby," "hereto," and derivative or similar words refer to this entire Agreement including the schedules and exhibits hereto, (I) the word "any" means "any and all," (m) the words "writing," "written," and comparable terms refer to printing, typing and other means of reproduci ng words (including electroni c media) in a visible form, (n) no provision of this Agreement is to be construed to require, directly or indi rectly, any person to take any acti on, or omit to take any action, to the extent such action or omiss ion would violate applicable law, (o) if the last day of the time period for the giving of any notice of the taking of any action required under this Agreement falls on a day that is not a business day, the time period for giving such notice or taking such action shall be extended through the next business day following the original expiration date of such, and (p) the Parties have each participated in the negotiation and drafting of this Agreement and if an ambiguity or question of interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties hereto and no presumption or burden of proof shall arise favoring or burdening any Party by virtue of the authorship of any of the provisions in this Agreement. 8.8 Waiver and Severability. The waiver by either Party of any default or breach of the Agreement shall not constitute a waiver of any other or subsequent default or breach. If any provision of the Agreement shall be deemed partially or wholly unenforceable, such unenforceability shall not affect the remai ning provi sions hereof and such affected provision shall be enforced to the fullest extent perm itted by law. 8.9 Attorney's Fees, Costs and Expenses. If any action at law or in equity is necessary to enforce or interpret the terms of the Agreement, each Party shall bear its own attorneys' fees , costs and expenses incurred in maintai n i ng such action in additi on to any other relief that may be deemed proper. 8 .10 Counterparts and Facsimile Signatures or PDF Signatures. The Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Customer and the Company agree that transmission to each other of the Agreement with the transmitting Party's facsimile signature or portable document format ("PDF") signature shall suffice to bind the Party signing and transmitting same to the Agreement in the same manner as if the Agreement with an original signature had been delivered. 8.11 Independent Contractor Status . For purposes of the Agreement and all the Services to be provided hereunder, the Company shall not be considered a partner, co-venturer, agent, employee or representative of Customer, but shall remain in all respects an independent contractor, and neither Party shall have any right or authority to make or undertake any promi se, warranty or representation, to execute any contract or otherwise to assume any obligation or responsibility in the name of or on behalf of the other Party. 8.12 Solicitation of Employees. Customer agrees that duri ng the term of the Agreement and for a period of twenty-four (24) months commencing on the date that such term expires or is terminated, Cu stomer shall not for any rea son, either directly or indirectly, on Customer's own behalf or in the service or on behalf of others, so licit, recru it or attempt to persuade any person to terminate such person's employment or consu lting arrangement with the Company, or an affiliated company, whether or not such person is a full-time employee or whether or not such employment is pursuant to a written agreement or is at-will. Member Customer Services Agreement Page 7 of 9 8.13 Survival. The provisions of Articles II, Ill, IV, V, VI, VII and VIII shall survive the expiration or sooner termination of the term of the Agreement. 8.14 Force Majeure. Each Party shall not be considered in default of the performance of its obligations under the Agreement to the extent that performance of its obligations is prevented or delayed by any cause beyond its reasonable control, including acts of God, acts or omissions of governmental authorities, strikes, lockouts or other industrial disturbances, acts of public enemies, wars, blockades, riots, civil disturbances, pandemics, epidemics, floods, hurricanes, tornadoes and any other similar acts, events or omissions (each a "Force Majeure Event"). A Party is excused from performance only for the duration of such a Force Majeure Event. Any Party so delayed in its performance due to a Force Majeure Event shall immediately notify the other Party by telephone (to be confirmed in writing within 24 hours of the inception of such delay). In the event a Force Majeure Event affecting the performance of a Party continues for more than 60 days, the other Party may terminate this Agreement upon notice to such affected Party. 8.15 Advertising and Public Announcement. Customer agrees that the Company may: (1) use Customer's name in any form of publicity; (2) release to the publ ic any information relating to the Serv ices to be performed hereunder; and (3) otherwise disclose or advertise that the Customer has entered into the Agreement. 8.16 Subcontracting. Company may also, without notice, utilize subcontractors and agents to perform aspects of the Services (such as cloud hosting), provided, however, that Company shall remain primarily responsible for compliance with its obligations under this Agreement. 8.17 ERISA Disclaimer. The Parties acknowledge and agree that the Company will provide services to Custome r under the Agreement. In providing such service, the Parties agree that the Company will not exercise any discretionary authority over the management or disposition of assets of any welfare benefit plan (as such term is defined in the Employee Retirement Income Security Act of 1974 ("ERISA"). The Company's duties will be limited to providing certain contractually agreed upon services as herein set forth . Therefore, the Parties agree that the Company is not a fiduciary (as such term is defined by ERISA Section 3(21)) regarding Custome r's Health Benefits or any Health and Welfare Benefit Plan. The Company w ill provide services by using its employees who are unfami liar with and have no responsibility to determine or verify the coverage requirements of any specific benefit plan. In the event that knowledge of the Company shall be a prerequisite to imposing a duty upon or to determine the liabil ity of the Company under the Agreement or under any statute regulating the conduct of the Company, the Company will not be deemed to have participated in any act or omission of any fiduciary (as such term is defined under ERISA) with regard to the coverage requirements of any welfare benefit pl an as a result of perform ing its contractually agreed upon duties hereunder. 8.18 Privacy. (a) Company is a "service provider", "processor", or equivalent term under data privacy laws applicab le to Company's activities under this Agreement (collectively, together with any regulations promu lgated pursuant to such laws, "Data Privacy Laws"), and Customer is a "controller", "business" or equivalent term under applicable Data Privacy Laws. The parties agree and acknowledge that certain individuals may have personal data rights pursuant to Data Privacy Laws with respect to their "personal information," "persona l data," or equivalent term as defined i n Data Privacy Laws ("Personal Information"). Company will retain, use, and disclose Personal Information subject to Data Privacy Laws only for the business purposes and business relationship authorized in the Agreement or otherwise permitted by such Data Privacy Laws, will not sell Personal Information (as such term is defined in applicable Data Privacy Laws), and will treat such Personal Information as Confidential Information under th is Agreement. The Company's PIMS Privacy Policy is incorporated herein by reference and ca n be found on the Company's website. The PIMS Privacy Policy may be amended from time to time without notice to the Custome r . (bl Referral Network. Customer acknowledges and agrees that the counselors, affiliates, coaches, coordinators, clinics, health care providers, and any other entities to whom Company may refer Customer's employees for health counseling or similar services (collectively, the "Referral Network") are separate, independent Member Customer Services Agreement Page 8 of 9 "controllers", "businesses", or an equivalent term under Data Privacy Laws, and such Referral Network members are not Company's subcontractors or service providers. Customer further acknowledges that Company has no control over, or responsibility for, the data collection or use practices of any Referral Network member, and the use of Personal Information by Referral Network members is subject to each such member's own privacy practices and disclosures. The Company's Referral Network is a sub-processor of the Company for purposes of the referral, invoice, and payment process . The Customer may obtain additional information about the Company's Affiliate Network by contacting the Company. (c) With regard to protected health information ("PHI") and other Personal Information, each party shall comply, to the extent applicable, with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH") and any all-applicable Data Privacy Laws. Customer hereby agrees that (i) the Company is authorized to process and transfer data between its offices constituting the Company's group of companies, and between any sub-contractor(s), partners and affiliates, and other members of the Referral Network, engaged by the Company to perform part or all of the Services thereby allowing global access to the data on a 'need-to-know' basis in order to perform Services under this Agreement in the countries and territories specified by Customer; and (ii) the Company may disclose protected health information of data subjects (as defined in HIPAA) in the aggregate reports or in de-identified form, without the written consent of data subject, in connection with Company's business operations, as permitted by law. (d) The Customer shall not share Customer PHI or Personal Information with the Company. "Personal Information" shall mean a first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to such resident: (a) Social Security number; (b) driver's license number or state-issued identification card number; or (c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident's financial account; provided, however, that "Personal information" does not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public. 8.19 Anti-Corruption Compliance. Reserved. 8.20 Trade Sanctions and Export Control. Reserved . 8.21 Record Storage and Delivery. Upon termination of the Agreement and to the extent that such records exist, the Company shall compile, collect, and deliver to Customer all Customer records subject to the Agreement as soon as is practicable after such termination. Customer agrees to accept delivery upon receipt of such Customer records and pay the Company all reasonable and customary storage, shipping and handling fees and expenses upon receipt of such record delivery and invoicing. Customer understands that any federal and/or state law, rule, regulation , or policy requiring the safekeeping of records for a prescribed time period, after termination of the Agreement, is the sole responsibility of Customer and not an obligation of the Company. [Remainder of page intentionally left blank] Member Customer Services Agreement Page 9 of 9 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have executed and delivered the Agreement as of the date first above written. SAND CREEK LLC Date Keith Wasley President and Chief Executive Officer Date Signature of Authorized Customer Representative Printed Name of Authorized Customer Representative Title of Authorized Customer Representative SANDCREEKEAP ~ An AIIOne Health Comf)t'lny All-Inclusive EAP • Intake -24/7 /365 Live Immediate Assistance • In-The-Moment Mental Health Telephonic Support • Mental Health Couns eling: In-Person, Telephonic, Video, or chat sessions • Network -Includes our approved network of over 20,000 counselo rs nationally • Member Portal and Mobile App • Dedicated Account Manager • Program Implementation • Digital Promotional Materials, Orientation Videos, Landing Page, Monthly Newsletter, and Live Webinars • Virtual Lead er and Employee Orientation • Work-Life Resou rces and Referrals • Legal & Fi nan cial Resou rces and Referrals • Life Coaching • Personal Assistant • Medical Advocacy • Utilization Reports © AIIOne Health Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Exhibit A Effective Date: January 1, 2023 Rate Summary Mental Health Sessions Per Issue Per Year 4 -'' -· Sand Creek provides a variety of services over and above package inclusions, available on a fee-for- service basis: Schedule an onsite or virtual training seminar: • Choose a seminar from our extensive training cata log cove ri ng over 120 diverse topics to meet organizational needs. Critical Incident Support: • Ou r on-site interventions are designed to provi de solution- focused, compass ionate support to your employees if they are involved in, w it ness to, or otherwise affected by a stressfu l or traumatic event in the work place . DOT qualified substance abuse professional services: *Hourly rate may not include travel. PEPY $27.07 Per Hour $295 $295 $600 DATE: January 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager SUBJECT: City of Stillwater Employer Paid COVID-19 Leave DISCUSSION The City takes its responsibility to provide a safe and healthy environment for its employees and its customers seriously. In January 2022, the City Council approved up to 80 hours of COVID-19 leave to be utilized by City staff and by the end of 2022, 64 employees who tested positive for COVID-19 were able to utilize this special leave allocation. Throughout the COVID-19 pandemic, the City has and will continue to take necessary steps to ensure all employees and customers are safe and healthy while at work or while at City facilities. Members of the City of Stillwater workplace are directed to self-monitor for disease symptoms, practice personal safety and health practices such as handwashing, maintaining appropriate distance and staying home when sick, and adhering to all posted signage and directives. The workforce must also comply with the infection control and mitigation protocols, including testing, contact tracing, isolation and quarantining, as directed. The City follows Centers for Disease Control and Minnesota Department of Health guidelines and doing so can require an employee to remain away from the workplace for 5 – 10 days, or more, depending on circumstances. If an employee notifies a supervisor of exposure, the supervisor and the City’s Human Resources staff work together to determine a plan for the employee based on the data. Employees in their first year of service with the City may not be eligible for employer-provided sick leave due to the terms of collective bargaining agreements, and may not be eligible for employer-provided protections under the Family Medical Leave Act. Therefore, the City recommends renewal of an allocation of up to 80 hours of COVID-19 Leave, to be utilized in 2023 by City staff as follows: • Care of Self o Employee Vaccination: Become vaccinated with a COVID-19 vaccine authorized for use by the World Health Organization and the U.S. Food and Drug Administration o Recover: Recover from side effects from each dose o Isolation/Quarantine: Employees who test positive for COVID-19 must stay home from work and isolate or quarantine for five or more days o Experiencing COVID-19 symptoms and seeking a medical diagnosis/test result • Care of Family Member who has been advised by a health care provider to isolate or quarantine due to constraints related to COVID-19. • City of Stillwater coverage eligibility begins January 1, 2023, and sunsets December 31, 2023. Employer-paid COVID-19 leave is an eligible expense under the American Rescue Plan Act funding allocated to the City of Stillwater. ACTION REQUESTED Motion to approve the resolution titled, “Employer Paid COVID-19 Leave for 2023.” City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING EMPLOYER PAID COVID-19 LEAVE FOR 2023 WHEREAS, the City of Stillwater takes its responsibility to provide a safe and healthy environment for its employees and its customers seriously; and WHEREAS, throughout the COVID-19 pandemic, the City has and will continue to take necessary steps to ensure all employees and customers are safe and healthy while at work or while at City facilities; and WHEREAS, members of the City of Stillwater workforce are directed to self- monitor for disease symptoms, practice personal safety and health practices such as handwashing, maintaining appropriate distance and staying home when sick, and adhering to all posted signage and directives; and WHEREAS, the workforce must also comply with the infection control and mitigation protocols, including testing, contact tracing, isolation and quarantining, as directed; and WHEREAS, the City of Stillwater follows Centers for Disease Control and Minnesota Department of Health guidelines such that if an employee notifies a supervisor of exposure or a positive COVID-19 test result for themselves or a household family member, the supervisor and the City’s Human Resources staff work together to determine a work plan for the employee based on the data; and WHEREAS, employees may be directed to remain away from the worksite for 5 – 10 days, depending on their COVID-19 circumstances; and WHEREAS, employees in their first year of employment with the City may not be eligible for employer-provided sick leave due to the terms of a collective bargaining agreement, and may not be eligible for employer-provided protections under the Family Medical Leave Act; and WHEREAS, an allocation of up to 80 hours of paid COVID-19 Leave, would to be available to City staff to utilize as follows: Care of Self o Employee Vaccination: Become vaccinated with a COVID-19 vaccine authorized for use by the World Health Organization and the U.S. Food and Drug Administration o Recover: Recover from side effects from each dose o Isolation/Quarantine: Employees who test positive for COVID-19 must stay home from work and isolate or quarantine for five or more days o Experiencing COVID-19 symptoms and seeking a medical diagnosis/test result Care of Family Member who has been advised by a health care provider to isolate or quarantine due to concerns related to COVID-19. 2 City of Stillwater employee COVID-19 leave coverage eligibility begins retroactive to January 1, 2023, and sunsets December 31, 2023; and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a 2023 Paid COVID-19 Leave for City of Stillwater employees. Adopted by the City Council this 3rd day of January, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: December 29, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Legal Publication Designation for 2023 BACKGROUND The City has received a proposal from The Stillwater Gazette to provide legal publication services to the City. Their rates for 2023 are as follows: Gazette’s rates are $5 per column inch for the first insertion, ($4.25 per inch for subsequent insertions of the same legal notice). Up a quarter from last year. The legal publications have been published in the Gazette for many years, and the requirements for legal publications have been met. RECOMMENDATION Staff recommends that Council continue publishing in the Stillwater Gazette for its legal publications. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion adopting a resolution Designating the Stillwater Gazette as the City’s 2023 Legal publications newspaper, and approving the agreement. City of Stillwater Washington County, Minnesota RESOLUTION 2023- DESIGNATING THE STILLWATER GAZETTE AS THE CITY’S 2023 LEGAL PUBLICATIONS NEWSPAPER AND APPROVING AGREEMENT WHEREAS, the City is required to designate a legal newspaper of general circulation in the City of Stillwater every year for publication of legal notices; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1. The Stillwater Gazette is hereby designated as the City’s official publication for all legal notices; and 2. That the contract for legal publications with the Stillwater Gazette is hereby approved, and the Mayor and City Clerk are authorized to sign the contract on behalf of the City. Adopted by the Stillwater City Council this 3rd day of January 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER FOR THE CITY OF STILLWATER LEGAL NOTICES IN 2023 THIS AGREEMENT, made and entered into this 3rd day of January 3, 2023, by and between The Stillwater Gazette, hereinafter called the “Contractor,” and the City of Stillwater, a municipal corporation of Washington County, Minnesota, hereinafter called the “City.” WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that The Stillwater Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2023, the Contractor will publish all legal notices in The Stillwater Gazette. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2023 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First insertion: $5.00 per column inch Second, and each subsequent insertion: $4.25 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF STILLWATER ATTEST: Ted Kozlowski, Mayor Beth Wolf, City Clerk THE STILLWATER GAZETTE By: Print Name and Title DATE: January 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Nick Chaves, Public Works Street Superintendent BACKGROUND Staff has received quotes to recondition the remaining 200 feet of the boardwalk across McKusick Lake, 350 feet was reconditioned last year by Arcola Construction. The work will consist of replacing the hand railing, top and support rails, and the post and bottom boards as needed. Arcola Construction was the low quote of $24,000.00 to perform the reconditioning of the remaining portion of the Boardwalk. $40,000.00 was budgeted for this project in the 2023 CIP Permanent Improvement Fund. RECOMMENDATION Staff recommends entering into an agreement with Arcola Construction for reconditioning of the remaining portion of McKusick Lake Boardwalk for $24,000.00. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH ACOLA CONSTRUCTION FOR WORK ON MCKUSICK LAKE BOARDWALK RECONDITIONING. SUBJECT: McKusick Lake Boardwalk Reconditioning r illwater ,~~ The Birthplace of Minnesota ) AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 3rd day of January, 2023, by and between the City of Stillwater, 216 4th Street N01th, Stillwater, Minnesota 55082, ("City") and Arcola Construction, l 0922 Stonebridge Trail N., Stillwater MN 55082 ("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; McKusick T ,ake Boardwalk Reconditioning Phase 2 NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: I. 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 I 0/13/22, incorporated herein as Exhibit A; h. Contractor covenants and agrees to provide Servict:s 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. 3. TER.Nl. 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. Termin ation 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 Defau lt. 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 ofthe 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 shat I 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, 1. 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 ror 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 tennination 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 or, 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 nonpcrfonning pa1ty. For purposes of this Agreement, such circumstances include, but arc not limited to, abnormal weather conditions; Hoods; 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 Ab'Teement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prewnted from perlonning, give written notice to the other parly 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. 2 8. CITY'S REPRESENTATIV E . The City has designated Nick Chaves 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, inkrpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAfflNG. The Contractor has designated Carson Sehifsky 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. J 0. 1NDEMNlflCA TlON. a. Contractor and City each agree to defend, indemnily, 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. INS URAN CE. 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 Insw·ance, 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 ce1tificates ofinsurance, 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 dcfocts 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: Ifto City: If to Contractor: City of Sti II water Arcola Construction 216 4th Street North 10922 Stonebridge Trail N. Stillwater, MN 55082 Stillwater, MN 55082 Attention: Nick Chaves Attention: Carson Schifsk.y Or e-mailed: nchaves@ci.stillwatcr.mn.us Or emailed: carson@schifskycompanies.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employt:es 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. Nondiscriminati on. 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. Governin g 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. Severabili ty. 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 Compl iance. All data collected by the City pursuant to this Agreement shall be su~ject 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 Ted Kozlowski, Mayor By:~-------------~ Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this of _______ 2023 by Ted Kozlowski, Mayor and Beth Wolf, City Clerk for the City of Stillwater. Notary Public Commission Expires: _!_! __ Conunissioned At: ---------- 4 CONTRACTOR: T itle (Please Print): ?re.<'-.>iM·\- STATE OF MINNESOTA ) ) ss. COUNTY OF LlJa:,\\'i!\t)..\on ) The foregoin g instrument was acknowledged before me this l 2.. fl!! of 1)<'. u no..(ocr Co. vso v-. Sc.hi+ ::.I< y , its _Pri'--~--.::.--'-i_cl_c'--'-~--'------------' for Ano\g. Cons+v-uc;A,on No~ Commission Expires: _l (bl I 2025 Commissioned At: W\'i.O~s.c)t(). Project Description: McKusick Lake Boardwalk Reconditioning Phase 2 5 Zoll... .~by DATE: January 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Nick Chaves, Public Works Street Superintendent SUBJECT: Purchase of Street Sweeper BACKGROUND In the 2023 Capital Outlay budget, a purchase of a Street Sweeper is planned for the Street Department to replace the current Street Sweeper. Staff has received a quote from Environmental Equipment from Minnesota State Bid Contract for a new Tymco Street Sweeper for $341,275.00 less trade valve of $40,000.00 for a cost of $301,275.00. $350,000.00 was budgeted for the Street Sweeper purchase in the 2023 Storm Sewer Capital Outlay Budget. RECOMMENDATION It is recommended that Council consider and authorize the purchase of the Street Sweeper from Environmental Equipment in the amount of $301,275.00. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion authorizing the purchase of the Street Sweeper from Environmental Equipment with funds from the 2023 Storm Sewer Capital Outlay Fund. DATE: January 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Nick Chaves, Public Works Street Superintendent SUBJECT: Purchase of Truck Equipment 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. At the November 15, 2022 Council meeting, Council approved the purchase of the cab and chassis from Midway Ford in the amount of $47,534.83 to meet the cutoff date for ordering trucks from Ford. This request is for the equipment that is to be installed on the cab and chassis that is to be used for a mechanic’s truck to service equipment breakdowns in the field. The truck would be setup with tool storage, air compressor, power inverter and rear lift gate. Staff has received a quote from Custom Truck One Source from the MN state bidders list in the amount of $53,332.00 for the equipment and installation. $115,000.00 was budgeted for the Cab and Chassis and Equipment purchase in the 2023 Streets Capital Outlay Budget RECOMMENDATION It is recommended that council consider and authorize the purchase of the equipment installed on the cab and chassis from Custom Truck One Source in the amount of $53,332.00 ACTION REQUESTED If Council concurs with recommendation, they should pass a motion authorizing the purchase and installation of the equipment from Custom Truck One Source with funds from the 2023 Streets Capital Outlay Budget. DATE: January 3, 2022 TO: Honorable Mayor and City Councilmembers FROM: Doug Brady, St. Croix Valley Rec Center Manager SUBJECT: Purchase Request BACKGROUND Funding has been budgeted through 2023 Captial Outlay to purchase a new Zamboni 526 to resurface the ice. A quote has been received and attached for review. The total cost is $125,028.10. ACTION REQUESTED Motion to approve purchasing a Zamboni for the St. Croix Valley Recreation Center. PROPOSAL “The principal product you have to sell is the ice itself.” – Frank J. Zamboni December 13, 2022 Doug Brady St. Croix Valley Rec Center 1675 Market Drive Stillwater, MN 55082 Maintaining an ice surface presents a multitude of challenges. Having efficient and reliable resurfacing equipment should not be one of them. Driven by our founder’s commitment to innovation, we put our product to the test in the harsh environment it will call home. Every feature is deliberately designed to make resurfacing easier and to ensure that the end result is an exceptional sheet of ice. Built by hand. One at a time. The result is an ice resurfacing machine legendary for its quality, durability and superior performance. MODEL 526: The powerful high-output compact engine introduces a new era of fuel efficiency, providing significant savings and a cleaner arena environment. The 2.4 L engine can be configured for gasoline, propane or CNG fuel. On-dash diagnostics with programmed maintenance notifications provide engine performance data on the go. The hydrostatic transmission and powerful double pump for the augers deliver strong conveyor performance at any speed. Our unrivaled down pressure system ensures that all you leave behind is perfect. INNOVATION: Our commitment to constant innovation is an investment in the end product. We apply decades of experience working with facility owners and operators into every decision we make. Automated processes provide a consistent end result and reduce the chance for operat or error. Opportunities to retrieve and display data from the machine provide a new tool in rink management. The incremental and continued introduction of new and better technologies to our ice resurfacing equipments facilitates savings of time and valuable resources. QUALITY: Zamboni sets the standard of quality to which the industry is held. The Zamboni Company holds itself to an even higher standard with ongoing assessment and meticulous quality control, resulting in products which consistently produce the finest sheet of ice even after many years of use. Our rugged four-wheel drive chassis is hand-built using strong all-welded steel tubing. Premium materials and components are used throughout. We continually collaborate with our customers to ensure the products that will ultimately end up in their facility exceed the high expectations of quality associate d with our brand. ZAMBONI COMPANY USA, INC. 15714 Colorado Ave. Paramount, CA 90723 USA \. + 1 562 633 0751 ii + 1 562 633 9365 zamboni.com MODEL 526 ZA eon1. Zamboni 526 Proposal D_Brady526_12.13.22proposal Page 2 of 3 VALUE: Zamboni has a well-deserved reputation as the Industry Leader. One which we don’t take for granted. Our products have the lowest cost of operation and maintain the highest residual value. A network of Zamboni Authorized Distributors and our own Customer Service teams provide local service and support for our products. In the world of ice, time is money and unreliable equipment can be a show-stopper. Yet another reason that worldwide, more facility operators choose Zamboni for their ice resurfacing needs. Nothing else is even close. MACHINE SPECIFICATIONS: Machine specifications are available online. MANUFACTURER’S STATEMENT: This machine is proudly designed and manufactured in Brantford, Ontario by Zamboni Company Ltd., a Canadian company. WARRANTY: Twenty Four (24) months or 2,000 hours, whichever comes first, parts replacement only. Mileage and travel time are not covered under warranty. SAFETY STANDARDS: This machine is engineered to meet or exceed OSHA and ANSI safety labeling requirements. In addition to digital safety information, operating instructions and service manuals being provided with the delivery of the machine, all owners/operators have access to all of these materials online at www.zamboni.com to view and download at any time. FOR ADDITIONAL INFORMATION: zamboni.com/machines/model-526 zamboni.com/options Zamboni 526 Proposal D_Brady526_12.13.22proposal Page 3 of 3 Zamboni 526 $ 96,000.00 STANDARD EQUIPMENT INCLUDED: Gas Carburetion, 3-Way Catalytic Converter, Lamba Fuel Management System, Wash Water System, Aluminum Wheels, Black Powder Coated Conditioner, Conditioner Poly Side Plate, Guide Wheel, Parking Brake, LPG Low Fuel Light (LPG Machines), Stainless Steel Water Distribution Pipe, Spare Tire & Wheel Assembly, (2) 77” Blades ADDITIONAL EQUIPMENT: LPG Carburetion (No Tanks) $ 1,400.00 Board Brush $ 6,185.00 Water Level Sight Gauge $ 300.00 Wash Water Tank Poly Insert $ 2,355.00 Back Up Alarm $ 665.00 Integrated Auger Wash Out System $ 1,325.00 Fast Ice $ 18,500.00 Subtotal $ 126,730.00 Sourcewell Discount $ (3,801.90) Transportation $ 2,100.00 Total $ 125,028.10 F.O.B: Brantford, Ontario, Canada TERMS: Net 30 days from date of shipment. Shipment 240 days or sooner from receipt of order. Pricing firm for 30 days. Pricing does not include any applicable sales tax. THANK YOU: December 13, 2022 Doug Peters, Regional Sales Manager Date Zamboni Company USA, Inc. 15714 Colorado Ave. Paramount, California 90723 USA Phone: +1 562 633 0751 Fax: +1 562 633 9365 DATE: January 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director/City Engineer SUBJECT: Approval of Plans and Authorization to Bid the Downtown Manhole Rehabilitation Project (2022-05) DISCUSSION The Downtown Manhole Rehabilitation Project had been advertised and bids opened on two separate occasions last fall. This resulted in only one bid received and was ultimately rejected because it was high and would have put the project over the budgeted amount of $400,000. With a new construction season approaching and better bidding opportunities for contractors, staff would like to re-advertise and conduct the bid opening for February 2nd, 2023. The results would be presented at the first Council meeting in February. RECOMMENDATION It is recommended that Council approve plans & specifications and ordering advertisement for bids for the Downtown Manhole Rehabilitation Project. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2023- _____ APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE DOWNTOWN MANHOLE REHABILITATION PROJECT City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE DOWNTOWN MANHOLE REHABILITATION PROJECT PROJECT 2022-05 WHEREAS, the City Engineer has prepared plans and specifications for the Downtown Manhole Rehabilitation Project and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at QuestCDN.com the advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and online at QuestCDN.com and shall specify the work to be done, shall state that bids will be received until 10 am on February 2, 2023, at which time they will be publicly read, in the presence of the City Engineer. Viewing will be available at the Stillwater City Hall, 216 North Fourth Street, Stillwater, MN 55082. 3. Bids will then be tabulated and will be considered by the Council at their next regular Council meeting on February 7th, 2023, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. Adopted by the Stillwater City Council this 3rd day of January, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: December 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: 2023 Council Representative Appointments BACKGROUND Each year the Council reviews and appoints a Council representative(s) to various boards and commissions. Listed below are the following 2022 representatives. Board/Commission Representative Convention & Visitors Bureau Councilmember Polehna Downtown Parking Commission Councilmember Junker Fire Relief Association Councilmember Collins and Councilmember Polehna Heritage Preservation Commission Councilmember Junker Human Rights Commission Councilmember Polehna Joint Board Mayor Kozlowski Councilmember Odebrecht Joint Cable Commission Councilmember Odebrecht Lake Elmo Airport Advisory Commission Mayor Kozlowski Alternate: Community Development Director Library Board of Trustees Councilmember Collins Middle St. Croix Watershed Management Councilmember Collins Alternate: Councilmember Polehna Park & Recreation Commission Councilmember Polehna Planning Commission Councilmember Odebrecht Utilities Commission Councilmember Polehna The Joint Board was created in 1996 as part of the Orderly Annexation Agreement with Stillwater township. All properties subject to the agreement were annexed into the City by 2015 and had protection for 5 years after the date of annexation. The Annexation Agreement and protection date expired December 31, 2020. Therefore the Joint Board terminated by operation of the agreement and is no longer needed. The City of Stillwater was invited by Metropolitan Airports Commission to participate in the Lake Elmo Airport Advisory Commission in 2021. This is an advisory committee dealing with long-range capital planning/expansion as well dealing with noise and other nuisance complaints. The City participates to ensure capacity demand from our residents are met and any concerns about nuisances in Stillwater generated from the airport are addressed. Tim Gladhill, Community Develoment Director has been attending these meetings and cite the City’s participation needs are really low. The primary stakeholders are airport users along with City of Lake Elmo and Baytown Township, the areas most directly impacted by the airport. Council should decide if the City should continue participating in this Commission and who should attend the meetings. ACTION REQUIRED Determine 2023 assignments for members of Council and once determined, Council should pass a motion to adopt a resolution designating Council Representatives for 2023 Boards and Commissions. City of Stillwater Washington County, Minnesota RESOLUTION 2023- DESIGNATION OF COUNCIL REPRESENTATIVES FOR 2023 BOARDS AND COMMISSIONS NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the 2023 Council Representatives/Liaison for City Boards and Commissions are as follows: BOARD/COMMISSION COUNCILMEMBER Convention & Visitors Bureau Councilmember Polehna Downtown Parking Commission Councilmember Junker Fire Relief Association Councilmember Collins Councilmember Polehna Heritage Preservation Commission Councilmember Junker Human Rights Commission Councilmember Polehna Joint Cable Commission Councilmember Odebrecht Lake Elmo Airport Advisory Commission Mayor Kozlowski Alternate: Community Development Director Library Board of Trustees Councilmember Collins Middle St. Croix Watershed Management Councilmember Collins Alternate: Councilmember Polehna Parks & Recreation Commission Councilmember Polehna Planning Commission Councilmember Odebrecht Utilities Commission Councilmember Polehna Adopted by the Stillwater City Council this 3rd day of January, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: ______________ __________ Beth Wolf, City Clerk 1 From: Lewis, Jennifer <Jennifer.Lewis@mspmac.org> Sent: Thursday, December 1, 2022 2:36 PM To: Ted Kozlowski <tkozlowski@ci.stillwater.mn.us> Cc: Ross, Michele; bturnblad@ci.stillwater.mn.us; Tim Gladhill <tgladhill@ci.stillwater.mn.us> Subject: LEAAC Member Appointment(s)‐Stillwater [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. Hello Mayor Kozlowski, Thank you for your City’s participation on the Lake Elmo Airport Advisory Commission (LEAAC)! During the past two years, the City of Stillwater has participated as a valuable member of the LEAAC, and it is time to renew your City’s appointed LEAAC representative(s) for the next two‐year term from January 1, 2023 through December 31, 2024. The LEAAC supports the ongoing efforts to engage the stakeholders of the Lake Elmo Airport community, providing an open and balanced forum for strengthening relationships between MAC, airport users, stakeholders and the community. The next LEAAC meeting is being held on Monday, February 27, 2023, at 3 p.m. at the Baytown Township Hall. Here is where you may find more details about the LEAAC and its work during the past two years: https://metroairports.org/leaac If the City of Stillwater would like to continue its participation on the LEAAC, please provide formal appointment documentation (e.g., resolution or official letter) for a representative who is vested to represent their entire constituency. It would be helpful to have this information by December 31, 2022. If you have any questions about the LEAAC or this request for seeking appointment renewal, please do not hesitate to let me know. Safe and kind regards, JENNIFER LEWIS | Community Relations Coordinator | O: 612-725-6327 | www.MetroAirports.org | Metropolitan Airports Commission | 6040 South 28th Avenue, Minneapolis, MN 55450 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 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 2.9:00 3.9:15 Roll Call Pledge of Allegiance Recognition of the Outgoing 2022 Board Chair 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. 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 December 6, 2022, County Board meeting minutes. B. Approval to appoint Bridget Gehrz, Woodbury, to a first term beginning January 1, 2023, and expiring December 31, 2025, as the Family Member Representative on the Mental Health Advisory Committee. C. Approval of contracts for legal representation for certain persons in Civil Commitments, Guardianships and Conservatorships, with James F. Schneider and Spencer Butts. D. Approve Amendment No. 2 for Contract No. 13853 with Satellite Tracking of People LLC (STOP) in the amount of $150,000 for the period of January 1, 2023, through December 31, 2023. E. Approve Amendment No. 2 for Contract No. 13852 with Youth Service Bureau (YSB) in the amount of $186,618 for the period of January 1, 2023, through December 31, 2023. F. Approve Amendment No. 2 for Contract No. 13859 with Tubman in the amount of $212,411 for the period of January 1, 2023, through December 31, 2023. G. Approve Contract No. 15245 between Washington County and the City of Woodbury Public Safety (Police Department) in the amount of $122,058, for the period of July 1, 2022, through June 30, 2024. H. Approve 2023 Renewal of Crisis Response Unit authorizing Memorandum of Agreement (MOA) with AFSCME Exempt Unit providing for pay differential and overtime, and authorize the Director of Human Resources to sign the agreement on behalf of the County. 4. 9:25 BOARD AGENDA December 20, 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 I.Approve 2023 renewal of Crisis Response Unit authorizing Memorandum of Agreement (MOA) with Supervisor's Association providing for overtime and on-call rate, and authorizing the Director of Human Resources to sign the agreement on behalf of the County. J.Approval of Joint Powers Agreement No. 15208 with the Minnesota Pollution Control Agency for the operation of a Household Hazardous Waste Program. K.Notification to the Washington County Board of Commissioners, Office of Administration, and local community, that the Sheriff's Office has intent to request law enforcement controlled property items from federal sources. L.Approve Agreement No. 15239 between Satellite Tracking of People, LLC (STOP) and Washington County, for electronic monitoring services. M.Adopt a resolution to approve phase one of the paging system upgrade between Washington County and Motorola Solutions, Inc. 7. 9:55 General Administration - Kevin Corbid, County Administrator A.1. Adoption of Washington County's 2023 Legislative Agenda. 2.Adopt a resolution endorsing the efforts of the Community Supervision Work Group and urging the legislature to pass a new funding formula and significant appropriation during the 2023 legislative session. B.Adopt a resolution to set the 2023 salary for the County Attorney. C.Adopt a resolution to set the 2023 salary for the County Sheriff. 6. 9:40 Public Works - Mandy Leonard, Senior Building Services Project Manager A. Adopt a resolution for the purchase of property in the City of Woodbury for the location of the West Central Service Center. 5. 9:25 Accounting and Finance - Joua Yang, Deputy Director A. Approve Contract No. 15147 with Forza IT Group BV for software, licensing, maintenance, install, training and support of SCANMAN Solution. Consent Calendar continued 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 9.11:30 10.11:30 11.12:00 F.Consideration of letters of recommendation for Metropolitan Council positions. D. Adopt a resolution in recognition of Don Fixmer for 33 years of service to the county board. E. Consideration of letter of support for Metropolitan Area Agency on Aging. General Administration items continued 8. 11:05 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. Board Correspondence Recognition of Commissioner Lisa Weik, District 5, and Commissioner Wayne Johnson, District 4 Adjourn