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HomeMy WebLinkAbout2023-06-20 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING June 20, 2023 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III.PLEDGE OF ALLEGIANCE IV.RECOGNITIONS OR PRESENTATIONS 1.Proclamation – Stillwater Heritage Preservation Commission 50th Birthday 2.Annual Financial Report Audit Review V.OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI.STAFF REPORTS 3.Public Works Director 4.Police Chief 5.Fire Chief 6.Finance Director 7.Community Development Director 8.City Clerk 9.City Attorney 10.City Administrator VII.CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 11.June 6, 2023 Workshop and Regular Meeting Minutes 12.Payment of Bills 13.Bridge The Valley Bike Rally Contract Agreement 14.Gambling Premise Permit for Stillwater Area Hockey Association – Resolution 15.Lumberjack Days 5k and 10k Event 16.Lumberjack Days Event Contract and Temporary Liquor License – Resolution 17.Permanent Drainage and Utility Easement – The Lakes 18.Zephyr Access Easement VIII.PUBLIC HEARINGS – None IX.UNFINISHED BUSINESS None. X.NEW BUSINESS None. XI.COUNCIL REQUEST ITEMS XII.CLOSED SESSION 19.Pursuant to Minnesota Statute regarding Meetings Having Data Classified as Not Public (Minnesota Statute §13D.05, Subd. 3) on City Administrator’s Annual Review XIII.ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING June 20, 2023 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Proclamation – Stillwater Heritage Preservation Commission 50th Birthday 2. Annual Financial Report Audit Review V. OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 11. June 6, 2023 Workshop and Regular Meeting Minutes 12. Payment of Bills 13. Bridge The Valley Bike Rally Contract Agreement 14. Gambling Premise Permit for Stillwater Area Hockey Association – Resolution 15. Lumberjack Days 5k and 10k Event 16. Lumberjack Days Event Contract and Temporary Liquor License 17. Permanent Drainage and Utility Easement – The Lakes 18. Zephyr Access Easement VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS None. X. NEW BUSINESS None. XI. COUNCIL REQUEST ITEMS XII. CLOSED SESSION 19. Pursuant to Minnesota Statute regarding Meetings Having Data Classified as Not Public (Minnesota Statute §13D.05, Subd. 3) on City Administrator’s Annual Review XIII. ADJOURNMENT r ii/water ~, ~ The Birthplace ot Minnesota ) Mayor City of Stillwater, Minnesota Proclamation WHEREAS, in response to an increasing number of lost heritage resources in the 1950s and 1960s, the Stillwater City Council established the Heritage Preservation Commission as a subcommittee of the Stillwater Planning Commission on June 7, 1973; and WHEREAS, in 1987, the Stillwater City Council established the Heritage Preservation Commission as a separate advisory commission to the City Council and became a Certified Local Government, becoming eligible for state and federal preservation grants; and WHEREAS, the Heritage Preservation Commission was instrumental in establishing the Stillwater Downtown Historic Commercial District on the National Register of Historic Places in 1992; and WHEREAS, the Heritage Preservation Commission helped establish the Downtown Design Review District and Neighborhood Conservation Design Review District that helps guide new infill construction and alterations to ensure that new construction and remodeling encourages economic development and reinvestment while remaining compatible with the historic fabric of Stillwater; and WHEREAS, the Heritage Preservation Commission plays a key role in demolition review, maximizing preservation of structures built prior to 1946; and WHEREAS, the Heritage Preservation Commission also provides education and recognition through written resources, how to videos, hands on workshops, simple recognition programs, annual awards and many other proactive efforts; and WHEREAS, the Heritage Preservation Commission recently celebrated its 50th Anniversary. NOW, THEREFORE BE IT RESOLVED, that I, Ted Kozlowski, Mayor of the City of Stillwater declare June 21, 2023, ~ Heritage Preservation Commission Day ~ in the City of Stillwater in honor of this Commission of volunteers who preserve our historical culture and encourages all residents and visitors to join in the celebration of the Heritage Preservation Commission’s 50th Anniversary, its contribution to our community, and its embodiment of our shared history and tradition. WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 20th day of June, 2023. -:. -:. ~ .i;.~ ,, ,,, ,,,, ,,,, .. .. ©2023 CliftonLarsonAllen LLP. CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.  Investment advisory services are offered through CliftonLarsonAllen Wealth Advisors, LLC, an SEC‐registered investment advisor. 2022 Audit and Financial Results City of Stillwater ©2023 CliftonLarsonAllen LLP 2 Auditor Communications with Governance •Auditor Responsibilities under Generally Accepted Auditing  Standards •Accounting Policies‐GASB Statement No. 87 ‐ Leases •Accounting Estimates – Depreciation, Actuarially Estimated  OPEB Liability, Values of Investments, & Net Pension  Asset/Liability – Noted to be Reasonable •Difficulties in Performing Audit – NONE •Misstatements/Corrections – Restatement related to A/R •Uncorrected Misstatements – NONE •Disagreements with Management – NONE •Supplementary/statistical ‐ auditor responsibility ©2023 CliftonLarsonAllen LLP 3 Audit Results •AUDITOR OPINION ON FINANCIAL STATEMENTS – CLEAN.   (FINANCIAL STATEMENTS FOUND TO BE FAIRLY STATED IN  ALL MATERIAL RESPECTS) •INTERNAL CONTROL o Restatement for Accounts Receivable •MINNESOTA LEGAL COMPLIANCE  o 2 FINDINGs, DID NOT TRANSMIT PAYMENT WIHTIN 35 DAYS OF THE  DATE OF RECEIPT. MN‐471.425 and CONTRACTORS WITHHOLDING  AFFIDAVIT ©2023 CliftonLarsonAllen LLP 4 Risk Mitigation •Management Override of Control Considerations for New  System: o Journal Entry Review: Currently this is a manual process, look at system design to see if  making this electronic/automated.  o Segregation of Duties of Accounts Payable: Ensure that no one person has the ability to add/edit vendors, process invoices,  and cut checks.  A typical measure is to segregate the ability to add/edit vendor and cutting of  checks and putting good controls in place over new vendors being added.  o Segregation of Duties of Payroll: Ensure that no one person has the ability to add/edit employees, process/edit  payroll, and initiate payroll payments.  A Typical measure is to segregate the ability to add/edit employees, editing of  payroll information, and processing of payments. •Note: Vanessa has already been asking questions and working on  ways to properly do this with the new system since Springbrook  had some user access limitations. ©2023 CliftonLarsonAllen LLP 5 Future Pronouncements •GASB No. 96 – Subscription Based Information Technology  Arrangements – Effective December 31, 2023 •SAS No. 143 – Accounting Estimates and Related Disclosures – Effective December 31, 2023 •SAS No. 145 – Understanding the Entity and Assessing the  Risks of Material Misstatement – Effective December 31 2023 ©2023 CliftonLarsonAllen LLP. CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.  Investment advisory services are offered through CliftonLarsonAllen Wealth Advisors, LLC, an SEC‐registered investment advisor. Governmental Funds ©2023 CliftonLarsonAllen LLP 7 General Fund-Days Operating Expenditures in Fund Balance 0 50 100 150 200 250 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Actual Goal ©2023 CliftonLarsonAllen LLP 8 General Fund-Revenues 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Other 183,339 264,272 298,076 229,570 127,714 129,864 708,563 149,147 191,306 140,959 Investment Income (61,399) 90,738 18,808 (12,358) 12,130 37,294 66,981 64,476 (2,906) (75,435) Fines and Forfeits 106,638 113,685 113,246 69,881 83,481 225,310 214,108 188,653 54,853 55,576 Charges for Services 759,439 787,642 720,557 956,514 970,743 966,656 970,760 1,152,523 1,223,402 1,408,850 Intergovernmental 734,997 1,128,575 1,222,423 1,281,586 1,294,425 1,424,999 1,502,025 2,341,655 1,348,317 1,443,414 Special Assessments 14,054 31,025 19,929 15,157 21,428 9,736 7,187 4,330 2,918 9,289 Licenses and Permits 411,128 475,450 573,538 501,126 817,767 980,201 651,558 671,452 702,422 810,665 Franchise Taxes 441,958 444,672 449,333 462,988 467,214 351,721 600,965 488,199 490,260 494,088 Property Taxes $5,670,526 $5,746,441 $5,871,051 $6,359,683 $6,867,774 $7,198,935 $7,549,277 $8,098,584 $8,789,772 $9,244,812  $(1,000,000)  $‐  $1,000,000  $2,000,000  $3,000,000  $4,000,000  $5,000,000  $6,000,000  $7,000,000  $8,000,000  $9,000,000  $10,000,000  $11,000,000  $12,000,000  $13,000,000  $14,000,000  $15,000,000 ■ ■ ■ ■ ■ ■ ■ ■ ■ ©2023 CliftonLarsonAllen LLP 9 General Fund-Expenditures 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Debt Service 1,820 Capital Outlay 281,977 474,743 681,263 553,439 1,208,842 ‐ ‐ ‐ ‐ ‐ Public Works 1,237,304 1,299,113 1,226,832 1,257,317 1,274,299 1,450,792 1,529,292 1,558,549 1,569,263 1,811,350 Public Safety 4,311,922 4,585,179 4,726,341 5,045,005 5,191,090 5,619,297 6,034,667 6,271,386 6,597,301 7,294,729 General Government 2,789,040 3,087,867 3,226,033 3,531,162 3,773,284 3,888,544 4,109,169 4,122,148 4,157,925 4,480,364  ‐  1,000,000  2,000,000  3,000,000  4,000,000  5,000,000  6,000,000  7,000,000  8,000,000  9,000,000  10,000,000  11,000,000  12,000,000  13,000,000  14,000,000 General Government Public Safety Public Works Capital Outlay Debt Service ■ + +-+ +- ■ ■ + t + t ■ + t + t ■ ■ ■ ■ ■ ■ .:00 t ©2023 CliftonLarsonAllen LLP 10 2022 Highlights-General Fund •REVENUES o Collection Rate of 97.84% for Property Taxes o Over budget by $62,229 •EXPENDITURES o Over budget by $118,274 •FUND BALANCE o Decreased by $55,490 ©2023 CliftonLarsonAllen LLP 11 St Croix Valley Recreation Center Fund  $‐  $500,000  $1,000,000  $1,500,000  $2,000,000  $2,500,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Operating Revenues Operating Expenditures (inc. Capital Outlay)■ ■ ©2023 CliftonLarsonAllen LLP 12 2022 Highlights-St Croix Valley Recreation Center Fund •REVENUES o Charges for Services ‐ $1,792,043 •EXPENDITURES o Operating ‐ $1,777,625 o Contribution to debt service ‐ $504,066 •FUND BALANCE o Decreased by $195,340 ©2023 CliftonLarsonAllen LLP 13 Parks Fund  $‐  $200,000  $400,000  $600,000  $800,000  $1,000,000  $1,200,000  $1,400,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Operating Revenues & Expenditures Property Taxes Other Revenues Operating Expenditures (w/o Capital Outlay)Capital Outlay~,~-----------=· __ -Yo ■ ■ ■ ©2023 CliftonLarsonAllen LLP 14 2022 Highlights-Parks Fund •REVENUES o Property Taxes ‐ $1,115,181 o Other Revenues ‐ $74,402 •EXPENDITURES o Operating ‐ $1,286,978 •FUND BALANCE o Decreased by $97,395 ©2023 CliftonLarsonAllen LLP. CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.  Investment advisory services are offered through CliftonLarsonAllen Wealth Advisors, LLC, an SEC‐registered investment advisor. Enterprise Funds 2021 ©2023 CliftonLarsonAllen LLP 16 Sanitary Sewer Fund * Rate increase occurred during these years  $‐  $500,000  $1,000,000  $1,500,000  $2,000,000  $2,500,000  $3,000,000  $3,500,000  $4,000,000  $4,500,000  $5,000,000 2012 2013 2014* 2015 2016 2017 2018* 2019 2020* 2021 2022* Operating Revenues Operating Expenses Total Net Position■ ■ ■ ©2023 CliftonLarsonAllen LLP 17 Sanitary Sewer Fund – Cash Balance * Rate increase occurred during these years ‐$1,000,000 ‐$800,000 ‐$600,000 ‐$400,000 ‐$200,000 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 -1 __ -_-1- ©2023 CliftonLarsonAllen LLP 18 Storm Sewer Fund  (200,000)  (100,000)  ‐  100,000  200,000  300,000  400,000  500,000  600,000  700,000  800,000  900,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Operating Revenues Operating Expenses & Funding Transfers Total Net Position■ ■ ■ ©2023 CliftonLarsonAllen LLP 19 Lighting Fund  $(200,000)  $(100,000)  $‐  $100,000  $200,000  $300,000  $400,000  $500,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Operating Revenues Operating Expenses & Funding Transfers Total Net Position ■ ■ ■ ~=--=-=--=-==--=-==~-=~==~==-=-=00 ©2023 CliftonLarsonAllen LLP 20 Parking Fund * Includes the Parking Ramp  $‐  $50,000  $100,000  $150,000  $200,000  $250,000  $300,000  $350,000  $400,000  $450,000  $500,000 2013* 2014* 2015* 2016* 2017* 2018* 2019* 2020* 2021* 2022* General Parking Revenues Parking Ramp Revenues General Parking Expenses Parking Ramp Expenses■ ■ ■ ■ ©2023 CliftonLarsonAllen LLP 21 Water Fund (Board of Water Commissioners pre 2021)  $‐  $250,000  $500,000  $750,000  $1,000,000  $1,250,000  $1,500,000  $1,750,000  $2,000,000  $2,250,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Operating Revenues Operating Expenses■ ~=-==-==-==-==-==-==-========-=-=~· ======== -=00 ©2023 CliftonLarsonAllen LLP 22 OPEB – Retiree/Active $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 2008 2011 2014 2107 2018 2019 2020 2021 2022 Retirees Actives■ ~@I L_ _____ ----=-___ _J_~oo ■ ©2023 CliftonLarsonAllen LLP 23 OPEB – Direct/Implicit $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 2011 2014 2017 2018 2019 2020 2021 2022 Direct Implicit■ ■ ~=====================-=00 ©2023 CliftonLarsonAllen LLP 24 OPEB – Future Payments Year Beginning January 1 Implicit Subsidy Subsidized Total Projected and Ending December 31 Only Payments Payments Net Payments 2022 $ 30,647 $ 577,374 $ 608,021 2023 20,622 564,880 585,502 2024 14,323 549,620 563,943 2025 9,407 552,081 561,488 2026 16,953 559,832 576,785 2027 -2031 137,463 2,593,072 2,730,535 2032 -2036 178,563 2,360,630 2,539,193 2037 -2041 165,200 2,071,847 2,237,047 2042 -2046 75,873 1,554,847 1,630,720 2047 -2051 91,710 1,019,559 1,111,269 2052 -2056 69,068 556,686 625,754 2057 -2061 24,596 238,149 262,745 2062 -2066 52 74,434 74,486 2067 -2071 2 15,225 15,227 2072 -2076 0 1,776 1,776 2077 -2081 1 107 108 CLAconnect.com CPAs  |  CONSULTANTS  |  WEALTH ADVISORS ©2023 CliftonLarsonAllen LLP. CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.  Investment advisory services are offered through CliftonLarsonAllen Wealth Advisors, LLC, an SEC‐registered investment advisor. Thank You! Chris Knopik, CPA, CFE 612/397‐3266 Chrisotpher.knopik@claconnect.com 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES June 6, 2023 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Captain Meredith Public Works Director Sanders Library Director Troendle OTHER BUSINESS Sundance Stillwater Concept Plan Community Development Director Gladhill reviewed the project proposed by Timberland Partners related to a potential development of a rental townhome development at the southeast intersection of Manning Avenue and 80th St N (also connects to Boutwell Road N). The Applicant submitted a revised concept that purports to not need any Variances. Mayor Kozlowski inquired about different zoning districts that could be applied here; and Mr. Gladhill responded CTHR district is that district that would most closely resemble this project. Mayor Kozlowski wanted to clarify that this zoning district created by the map amendment would be aligned with adjoining properties and meets all the zoning conditions of the CTHR; and Mr. Gladhill replied yes, and explained the difference between Boutwell Ave and 80th Street. Councilmember Junker noted that he is interested in the project, however, there are other properties to the south that are planned to be zoned as well, in the 2040 Comp Plan, and he would like to wait and do them all together. Mayor Kozlowski asked if all of the zoning is on the Comp Plan calendar; and Mr. Gladhill answered the plan is to finish out all the remaining zoning map amendments in 2024, with a more robust comprehesive zoning code update, including the zoning map. After discussion on the vision of the 2040 Comp Plan for this area, zoning map amendment, CTHR and bigger plan for area, including single access roadways and affordable housing, it was Council concensus that Staff bring back a bigger picture of whole area (75th - 80th St.). The Applicant can proceed forward if they chose. (Stillwater ~~ The Birthplace of Minnesota ) City Council Meeting June 6, 2023 Page 2 of 6 Speed Limit and Policy Plan Public Works Director Sanders stated that last year WSB was hired to prepare a Speed Limit Plan and Study. In 2019, the Minnesota Legislature passed new S tatutes or added to existing Statutes that impact the City’s authority to set speed limits from 30 m.p.h. to 25 m.p.h. in residential areas. Chuck Rickert with WSB explained the detailed scope, analysis, findings, and conclusions which determined the safest appropriate speed limit on local City streets to be 25 m.p.h. on all citywide local streets. Mayor Kozlowski asked if the number of accidents will change measurable if we do this; and Mr. Rickert answered that numbers did have a small effect during COVID, but he does not see in the 50/50 really changing too much. Mayor Kozlowksi inquired if there was any statistics on a per capita/traffic volume basis that Stillwater was better or worse than average in terms of personal injury or property damage auto accidents; and Mr. Rickert replied that was one thing he did not pull, but it would be easy to pull those rates and Stillwater might be at or below the average of accidents. Council discussed signage, more safety at lower speeds, and inconsistent with County Roads at 30 m.p.h. and gave Staff direction to work with Washington County and State to consistently reduce speeds in the City to 25 m.p.h. wherever possible. Riverfront Parks Funding Allocation City Administrator Kohlmann reviewed the last legislative session, the City of Stillwater was awarded a grant for $6 million to develop the Riverfront Parks (Lumberjack Landing, Bridgeview, and Lowell Park gazebo). The cost estimate to develop these parks according to the Park Plans (less donation) is $12.5 million. Council consensus is to start the process to delist the Bergstein Shoddy Mills building off the National Registrar of Historical Places and move ahead with a plan for improvements to Lumberjack Landing and Lowell Park. 2024 Bonding Bill Discussion City Administrator Kohlmann indicated that staff was notified by the MMB that preliminary submittals for the Capital Budgeting are due on June 16, 2023. The capital budget begins in odd-numbered years with the collection of requests from state agencies and local units of government. It is assumed a 50/50 state and local funding would be required if approved. These projects have a funding source identified for the local 50% match, with the exception of the Rec Center Parking Lot expansion and Riverfront Parks. It should be noted that the local match for the Recreation Center Expansion is not from the city but a third party; Myrtle Street Reconstruction ($3.5 million); Downtown Street Lights ($3.6 million); Riverfront Parks Remainder ($6.5 million); St. Croix Rec Center Parking ($1.2 million); and St. Croix Rec Center Expansion ($20 million). Councilmember Polehna inquired about the sales tax idea; and Mr. Kohlmann replied that is still available to utilize for the $6.5 million difference. City Council Meeting June 6, 2023 Page 3 of 6 On a question by Councilmember Junker about the 2-year moratorium; and Mr. Kohlman responded that anything passed at the session was exempt from the moratorium, however if the $6million was reallocated, it is unclear if they would hear that or not. Councilmember Junker asked about the Metro Area sales tax incre ase of a quarter, if in effect we can go up another twenty-five cents; and Mr. Kohlmann replied up to fifty cents. and is in a moratorium, and it might be going away. Mayor Kozlowski would like to still try to move forward with that. Discussion regarding new bonding proposal continued on Rec Center, parking lot storm water issues and skate board park with Council providing staff direction. STAFF REPORTS Public Works Director updated the Council on Chestnut Street Plaza concrete work will be done this week; trees were planted; pavers are done from the concourse to the trail and the trail west toward Water Street should be completed in 2 weeks; Main Street will be closed after Lumberjack Days for 2 months; the 72nd Street project pre-con meeting was held. Councilmember Junker gave Kudos to Public Works for Lowell Park cleanup. Police Captain Meredith informed the Council that the imbedded Social Worker will be starting June 12th; interviewed and offers made for 2 new officers and kudos to CSO Junker for organizing successful event. Fire Chief reported a busy Memorial Day weekend with a smooth Half Marathon event; structure fire on June 2 experienced low staffing with 2 additional calls at the same time; they are waiting on SAFER grant; air quality alert for open burning fire restrictions – see DNR website for updates; there was great PR on the new boat; and Stillwater Fire received an award from Meals from the Heart event. Finance Director stated that GFOA again awarded the City Certificate of Achievement for Excellence. Community Development Director described that Chapel Hill Flats has some plan revisions; Downtown Parking update with unexpected touch screen issues and needing additional signage; and Code Enforcement Abatement issues. City Clerk Wolf noted packet changes; Boards & Commissions training June 12 at 6 pm.; and the presented the restoration of the first books of Stillwater City Minutes and Ordinances. City Attorney Land expanded on the Boards & Commissions training June 12; Council refresher training will be scheduled this year; lease agreement with Manitou Fund for overflow parking at the lot north of the Zephyr Theatre and they are willing to improve the lot, with a condition that lot not be for the public. Council discussed the caveat City Administrator Kohlmann updated the Council on a meeting with Downtown business owners regarding their suggestions and concerns, and setting up a follow up meeting to address them. Councilmember Polehna suggested reaching out to other parts of the City as well, like Valley Ridge Mall and Liberty Village. Library Director Troendle highlighted the Library’s Summer reading program “Summer Star Explorers” June 10 – August 12, including telescopes and zero gravity gardening. He emphasized efforts to engage the students, including the Stillwater Police Department City Council Meeting June 6, 2023 Page 4 of 6 hosting “Crime Prevention through Environmental Design.” Library Staff will be at the Farmer’s Market; Carpenter Nature Center at the Library June 12; the next Balanced Wellness Series focuses on exercising brain health; and “Light a Spark” 4th of July event tickets are available through the Stillwater Library Foundation. RECESS Mayor Kozlowksi recessed the meeting at 6:28 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:04 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Captain Meredith Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation – Nelson’s Ice Cream Day celebrating their Centennial Anniversary Mayor Kozlowski read a proclamation designating June 7th Nelson’s Ice Cream Day. Proclamation – Stillwater Area High School Synchronized Swimming Team Mayor Kozlowski read a proclamation designating June 8th SAHS Synchronized Swimming Day. Proclamation – Juneteenth Mayor Kozlowski read a proclamation designating June 19th a Holiday and City Hall will be closed. OPEN FORUM Louise Hanson reiterated her request for enforcement of the skateboarding Ordinance. CONSENT AGENDA May 16, 2023 Regular Meeting Minutes Payment of Bills Church of St. Michael Solarus. Event and Temporary Liquor License – Resolution 2023‐079 City Charter Amendment to Elective Officers, Elections, Meeting Records, and Holding Other Offices – Ordinance 2nd Reading – Resolution were removed from agenda City Council Meeting June 6, 2023 Page 5 of 6 City Code Amendment regarding Accessory Uses and Structures in residential districts – Ordinance 1202 ‐ 2nd Reading CSAH 96 Designation – Resolution 2023‐080 Downtown Stillwater Holiday Lights Agreements East Metro Public Safety Training Facility Gambling Off-Site Permit for Bayport American Legion Post 491 – Resolution 2023‐081 Hydrant Painting Contract Agreement Juneteenth Paid Holiday – Resolution 2023‐082 Lumberjack Days Event Contract and Temporary Liquor License – removed from agenda Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement On-Sale Intoxicating with Sunday Sale Liquor License for Lora Event Center – Resolution 2023‐083 Parking Prohibition around Bergmann Park – Resolution 2023‐084 Performance Measurement System Program – Resolution 2023‐085 Pioneer Park Habitat Restoration Project – 2 Agreements Recording Secretary Wage Rate – Resolution 2023‐086 Short Term Home Rental Licenses Teddy Bear Park Play Surface Replacement Project Water Fill Station meter and backflow Project – Contract award Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Downtown Parking Pay Zone Implementation Communuty Development Director Gladhill explained earlier this year,the City Council approved revisions to the Downtown Parking Fee Schedule, noting that a series of additional actions would be requested as the changes begin to be phased in over time throughout 2023. He wanted to clarify that the Convenience Fee to the Parker was $0.50 per parking session, was not per hour. Mr. Gladhill also conveyed the Downtown Parking Commission’s re commendation to amend the time limits from Main Street (TH 95) between Nelson Street and Mulberry Street to 30 minutes maximum; and the City’s new Pay Zones (Lots 3-12 (inclusive) and on street parking east of Main Street (TH 95)), the existing 3 and 4 hour time limit shall be removed. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to approve Resolution 2023‐087, Resolution Amending Fees for Downtown Parking; and Resolution 2023‐088, Resolution Amending Time Limits for Downtown Parking. All in favor. Councilmember Junker added that he and Mr. Gladhill were approached by a private business owner who is very interested to work with the City to convert most of his large lot to pay parking year round, adding 77 parking spots to Downtown. City Council Meeting June 6, 2023 Page 6 of 6 On a question by Councilmember Polehna would the City get the revenue, Councilmember Junker that it would be revenue sharing and policing of the lot yet to be determined. The owner would care for the lot, including snowplowing, making it the third largest lot for parking in the City. Consensus of the Council was to move forward with that proposal. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS Partners in Energy Update Councilmember Odebrecht updated the Council on Energy Action Team activities done so far, with upcoming kick off meeting on July 10 at City Hall. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 7:35 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2023‐079, Resolution Approving Event and Temporary On-Sale Outdoor Liquor License Resolution 2023‐080, Resolution to Washington County and to the Minnesota Department of Transportation in Support of the Designation of County State Aid Highway 96 in the City of Stillwater Resolution 2023‐081, Approving Bayport American Legion Post 491 Application to Conduct Off-Site Gambling at Lowell Park Resolution 2023‐082, Approving Juneteenth as a Paid Holiday Resolution 2023‐083, Approving Issuance of New On-Sale Liquor License with Sunday Sales to Elevage Hotel Group II, dba Lora Event Center Resolution 2023‐084, Approve Parking Restrictions Along The Property Side of Bergmann Dr., Timber Way, and the east 300 ft of Judd Trail from the Intersection of Bergmann Dr. and Judd Trail in the City of Stillwater, Minnesota Resolution 2023‐085, Approving Participation in Minnesota Performance Measurement System Program Resolution 2023‐086, Approving Rate Increase for Recording Secretary Resolution 2023‐087, Resolution Amending Fees for Downtown Parking Resolution 2023‐088, Resolution Amending Time Limits for Downtown Parking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"+ ? )     &2" ? .   5 .      +2+'! ?5 5)  5   ! - 0  - 0  6  ) ##2'+ -  )     -D 2+!& - 4  5  B   54    '#" -    - 01(   -    7%  -  &!++ -% 4 -% 16?    +++' -  4  6 5  B  5- )  -  &"" B     ?    +'# ( )  0  &"'+  ( 1 **    2#& (0      0  + ( (       # 1 )  :  '" .$)  -    &++!    * 1  1 ''  ?*  5    #&2    3 - 0   0 * &&&&!    3 - 0   3   '!#'&#    (  1 -5      &'  4  )  ./       2!'  %    4   <    +2" 6  05    &#+"! 6 5-    *A4A)(  2# 6(   )    &!!# 6     -D !!" 6.     /  #2&" 6 A  3      2'!' < 1  ** - 0 ./  (  #""! < D=   6%   # <  A% )  %    +!# <5     - #2"# =    5(3  6    &+#" =     )  =  *0   '#" = 4   6   4   &#& =  0 5    ## E 0)        2 F  )     2++"2  D3   4   #&2" 3 0 -    4   2& 3   4   &!   -   !"    )   A9  ""    %   =  #! $   .    -   2# 4:  $**-   51 " 4     2"+ 4 % 6 4   !2!#+ ? 47)6  -A45 2"+# (1  6  -  &!"+      ( -     %  -   -   "&&!# DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2023 Bridge the Valley Bike Rally Event Application and Contract BACKGROUND The Stillwater Sunrise Rotary Club has completed an event application for the 3rd Annual Bridge the Valley Bike Rally event. This bike rally is proposed to take place on Sunday, August 13th, 2023. There are five possible bike routes which range in distance and difficulty, and all of these potential bike routes are located on both sides of the St. Croix River. The event is expected to have at least 500 riders (with potentially 1000 or more expected this year). The Downtown Parking Commission and the Parks and Recreation Commission both reviewed this application and recommended approval. Along with North Lowell Park and the Trail for the routes, they have requested use of Parking Lots 4 and 5 for 2 days (8/12 & 8/13). The Stillwater Sunrise Rotary Club will be responsible for all costs associated with the event and will be invoiced for fees based on the current Fee Schedule. ACTION REQUIRED: If Council wishes to approve the event application and contract, they should pass a motion approving the 2023 Bridge the Valley Bike Rally event application and go into a contractual agreement with the Stillwater Sunrise Rotary Club. BRIDGE THE VALLEY BIKE RALLY 2023 EVENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made this 20th day of June, 2023 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the STILLWATER SUNRISE ROTARY CLUB, a Minnesota nonprofit corporation (the “Organizer”). WHEREAS, in light of the foregoing, the Organizer wishes that the City will permit The Stillwater Sunrise Rotary Club to organize and conduct a bike rally at Lowell Park and Trails, in August 2023 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Bike Rally agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City’s park. 2. Event/Alcohol. Alcohol will be served during this event within the designated event area. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the event area. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: August 12, 2023 Set up: 8 a.m. to 5 p.m. August 13, 2023 Event: 6 a.m. to 4 p.m. August 13, 2023 Cleanup: 4 p.m. to 6 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The Organizer agrees to pay the City for the use of a parking lots 5, 4 according to the current Fee Schedule as designated by the City Council, if needed. Use of City Parking Lots in the event of flooding. The City prefers the association to stage the majority of the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. The use of public parking lots 5 and 4 are approved to accommodate all event activities. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. c. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. d. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. e. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets on the day following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, on the day following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. c. The Organizer agrees to provide hand washing stations as needed to facilitate the expected crowds and vendors as deemed necessary to protect public health. 12. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 13. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 14. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 15. The Organizer hereby agrees to follow the City’s Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER ______________________________________________ Ted Kozlowski, Its Mayor Attest: ______________________________________________ Joseph Kohlmann, Acting City Clerk STILLWATER SUNRISE ROTARY CLUB _________________________________ Rick Heidick, Its ____________________ Bike Corral Beer  Consumption  Area ST. CROIX RIVER Set up by  6:30am Electrical Source Road Barricade LEGEND: Bike Corral Beer  Consumption  Area ST. CROIX RIVER Set up by  6:30am Electrical Source Road Barricade Rotary Tent LEGEND: WELCOME TO THE 3RD ANNUAL BRIDGE THE VALLEY-BIKE RALLY We invite you to ride our third annual bike ride on August 13, 2023 sponsored by Stillwater Sunrise Rotary. You will experience the beauty of the St. Croix Valley using our trail systems, roads, and beautiful bridges. With five ride options, this ride is perfect for all riders, from novice to experienced. For "early bird" registrants who register by May 31, all rides are $35 for adults over 18 years of age. Kids and teens ages 6 to 18 can ride for $25, and kids under 6 are free. There also is a family category for up to 5 riders for $80. All roads and trails are blacktopped, with the exception of our Gravel Challenge ride. Pick just one loop from the progressively more challenging options or combine several to fit your age, ability, and interest on the day. This event is a rally and your start time depends on the length of ride you are doing. For riders who are up for a challenge, see how you stack up against the rest of the riders with integrated, timed sections on the St Croix Gravel Challenge route. All rides start and finish at Chestnut Plaza, immediately west of Stillwater’s historic Lift Bridge. The event Support Hub is located next to the Lift Bridge in North Lowell Park. Event information, day-of registration, and a fenced and monitored bike corral will be available. Downtown Stillwater has many attractions and businesses within walking distance of the Support Hub so participants can take in all that Stillwater has to offer. Stick around after the ride for food, drinks, and music in North Lowell Park! The 10, 25, 45, 70 and 75 mile routes will be supported with SAG and rest stops with refreshments. All rides will be accessible on a new, innovative Ride with GPS app to help you navigate the routes! Finish your ride in beautiful downtown Stillwater. Meet up with your family and friends and top off your ride day off with food and drink and live entertainment along the majestic St. Croix river. 1. Overlook Trail, Pine St., McKusick Lake & Bridges Loop (10 miles, 600 ft climbing, 3 rest stops) Check in/Start Time: 9-10 AM RIDE CREEKSIDE, LAKESIDE AND RIVERSIDE WITH SPECTACULAR VIEWS OVER THE ST. CROIX RIVER AND SOME OF STILLWATER'S HISTORIC BUILDINGS Broaden your horizons, literally, on a slightly more challenging ride than just the now well known 5-mile “St Croix River Crossing Loop Trail”, but the views are worth the extra challenge if you are up to it. Take the “St Croix River Crossing Loop Trail” south out of Stillwater adjacent to the St Croix River, then on your first “lap” of this portion of the route, ride under the highway bridge. Immediately after the bridge turn west on paved trails alongside then over the highway and back into Stillwater’s upper historic residential neighborhoods. Newly designated on-road bike routes will lead to a former tramway, now a pedestrian/bike trail and boardwalk around McKusick Lake. Zigzag through a combination of blacktopped trails and minor roads to Pioneer Park, which has a spectacular view over downtown Stillwater and both the historic lift bridge and the new suspension bridge… simultaneously! Descend into town via our support hub, then pick up the “St Croix River Crossing Loop Trail” again, this ‘lap’ turning onto the highway bridge’s separate pedestrian/bike path, via the Blue Star Trailhead rest stop in Houlton, and back down a steep hill into downtown Stillwater across the spectacular historic lift bridge. [Option: Do just the 2nd half for an easier 5-mile ride.] 2. Neal, Gateway Trail& Lake Jane (25 miles, 1100 ft climbing, 3 rest stops) Check in/ Start Time: 8-10 AM Link rail trails, bike trails, and loop trails A mid-level family and group ride... 50% of which is on off-road blacktopped trails with no severe climbs, possibly suited for young teens and above. Take Highway 95’s shoulder north out of Stillwater alongside our Zephyr Theatre and adjacent to the St Croix River by the City’s recently acquired “Lumberjack Landing” property. Then cross the highway up Highway 96’s hill, curving west and paralleling Brown’s Creek ravine up to Neal Avenue. Follow off-road paved bike trails through Stillwater neighborhoods, then west towards Mahatomedi. Turn south on the Gateway 5 ~ V, ~ 0. 0 ,=. VI !::: r a "0 ...., .., ~ \\ z C ... 9!. ~ .... z N 41 - ~ '11 QI - STI LLWAT,E R I ·11 ~ "1, 'O' _,J ' ~ ~ /2 I I, prJe-..inrsrre t· ~ -CLe-e,es\ rd ii,. I <'SI- I e to(\ or ' I A f)/7 -----, I .,. . ~ . 0 P rk Q Trail (rail trail) biking under both County Road 12 and Highway 36, then east on a small spur connector trail into rural neighborhoods, Green Acres Tubing Park (rest stop), and alongside Lake Jane. Continue east through pastoral countryside, the Wildflower Preserve trails, by Washington County Fairgrounds, and into Oak Park Heights bicycle trail system. Just before descending again to the St Croix River Crossing Loop Trail, you will experience an amazing view from Valley View Park overseeing the new interstate suspension bridge, which you will cross on the dedicated bike and pedestrian trail overlooking the river, on via Houlton’s Blue Star Trailhead rest stop, then on to downtown Stillwater via Houlton’s Hilltop Trailhead, the steep descent and across the historic lift bridge. 3. Lake Jane, Hudson & Trout Brook Road (45 miles, 1900 ft climbing, 3 rest stops) Check in/Start Time: 8-9 AM LINK RAIL TRAILS, BIKE TRAILS, RURAL MINNESOTA AND WISCONSIN COUNTRYSIDE, PLUS A 2-MILE HILL CLIMB More of a challenge for mid-level road riders. The ride starts out on the “25-mile route”, but as that route descends towards the new Hwy 36 bridge, this route heads south on the Minnesota side of the river, then alongside Hwy94 to cross the Hudson bridge, and on to the Hudson riverfront (and rest stop). Heading northeast out of Hudson, prepare yourself for a 2-mile climb up scenic Trout Brook Road along the west boundary of Willow River State Park. Eventually you will reach Houlton and the steep but scenic overlook and descent, crossing the historic Lift Bridge back into downtown Stillwater. [Option: Make your ride into a 50-mile ½ century, and add the new Hwy 36 bridge on one lap of the 5-mile “St. Croix River Crossing Loop Trail”.] 4. Prescott & River Falls (70 miles, 3000 ft climbing, 4 rest stops) Check in/Start Time: 7-8 AM TOUR SMALL RIVERTOWNS VIA ROLLING MINNESOTA AND WISCONSIN RURAL COUNTRYSIDE For higher-end self-supporting riders... stretch yourselves to reach the southern-most bridge of our options via Afton and across from Minnesota to Wisconsin into Prescott. Visit the “Great River Road Visitor & Learning Center” with its phenomenal bluff overlook. Then, test your legs on the rolling Wisconsin hills up through River Falls, back alongside the flat trails alongside the St Croix River in Hudson, to prepare you for a 2-mile climb up scenic Trout Brook Road along the west boundary of Willow River State Park, then back to Houlton, and the steep descent into downtown Stillwater across the historic lift bridge. [OPTION: Can be merged with the Hwy .. 95/Neal route to make a 100-mile ‘century’ ride.] NOTE: Limited support ride -- no signage, and on-call non-medical-emergency sag wagon support only on this route. (Use of Ride with GPS app strongly advised for naviation) 0 R 'llOnd 5. St Croix Gravel Challenge (75 miles, 3400 ft climbing, 4 rest stops) Check in/Start Time: 7-8 AM EXPERIENCE AN EPIC DUAL-STATE SOCIAL TOUR WITH BRAGGING SPURTS! The ultimate ride, for those so inclined... intended for the more avid, experienced and self- supporting riders. This route has steep hills, several gravel sections, plus some timed segments. Head north up the west side of the St Croix National Scenic Riverway, crossing over the bridge into Osceola. Enjoy an exclusive opportunity at “The Acreage”, 1 mile north of Osceola where a short gravel loop trail will take you by Horst Rechelbacher’s private collection of sculptures and artifacts. The return south, back through Osceola on the Wisconsin side, turns off the main road shortly after downtown Osceola, onto scenic bluff-top roads. There are a couple of ‘deep-dive’ gravel spurs that take you right down to the river for some seldom seen views of the river, including an old ferry crossing into Marine-On-St.Croix. Also, enjoy a Wisconsin-side mid-point water stop at “Standing Cedars” parking lot. The last 7 miles follow the St Croix Bike & Pedestrian Trail Coalition’s designated “Beyond the Loop” orange and purple trail, alongside the blufftop entry to Andersen Scout Camp, then the steep but scenic overlook and descent crossing the historic lift bridge into downtown Stillwater. NOTE: Limited support ride -- no signage, and on-call non-medical-emergency sag wagon support only on this route. (Use of Ride with GPS app strongly advised for navigation.) -- &t..111~"''~11,".JV)'. ; ,wn r·•~on~cn 10.11 Sue~ !'Nnt! J. ,, ~ • 0 ~ z \ ! ~ ~ f ~ 'f £ r .. ~,,·ii,. ,,...;. 60 "Ji' '"'"N\ " ,11!!'1'tNDllli i / ' t h\ • ,. Ga< (+1.,.,.. ! / .. ' I ~ ~ '"¼Dr r " I !,~µ, 'l, i.,,, ..,_ ;;; DATE: June 12, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Gambling Premise Permit for Stillwater Area Hockey Association BACKGROUND The City has received a Lawful Gambling Premises Permit Application from Stillwater Area Hockey Association to conduct gambling at Stillwater Event Center located at 1910 Greeley Street South in Stillwater. The activity requested is paper pull tabs and bingo. The premise lease will be effective July 1, 2023. RECOMMENDATION Stillwater Area Hockey Association has submitted the required documentation demonstrating that the organization is collecting gambling monies for lawful purposes. Therefore, staff recommends approving Stillwater Area Hockey Association to conduct gambling at Stillwater Event Center. ACTION REQUESTED If council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR STILLWATER AREA HOCKEY ASSOCIATION. City of Stillwater Washington County, Minnesota RESOLUTION 2023-XXX APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR STILLWATER AREA HOCKEY ASSOCIATION AT STILLWATER EVENT CENTER WHEREAS, the Stillwater Area Hockey Association has submitted an application to the City of Stillwater requesting City approval of a Minnesota Lawful Gambling Premise Permit at Stillwater Event Center located at 1910 Greeley Street S., Stillwater, Minnesota; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a Minnesota lawful gambling premise permit for Stillwater Area Hockey Association. Adopted by the Stillwater City Council this 20th day of June 23. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Date: June 20, 2023 To: Honorable Mayor and City Council From: Shawn Sanders, Director of Public Works Subject: Approval of Permanent Drainage and Utility Easement BACKGOUND As part of the 72nd Street Road and Trail Improvement Project, storm sewer is being installed in two locations on 72nd Street for storm runoff to drain from the street to the neighboring lakes. These two locations are owned by the Lakes of Stillwater and easements are required for the installation, operation, and maintenance. Working with the Project Engineer and the City Attorney, easement descriptions, drawings and documents have been prepared and presented to the property owner, who have agreed and have signed the easments. RECOMMENDATION It is recommended that council consider and approve the drainage and utility easement as proposed. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion APPROVING PERMANENT DRAINAGE AND UTILITY EASEMENT. PERMANENT DRAINAGE AND UTILITY EASEMENT THIS PERMANENT DRAINAGE AND UTILITY EASEMENT ("Easement") is made, granted and conveyed this '! O '""' day of J vii\ e, , 202 j_, by and between ILHC of Stillwater, LLC, a Delaware limited liability company ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns the two parcels ofreal property situated within Washington County, Minnesota and described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City is working on a project that requires this Easement from Landowner. NOW THEREFORE, the City and Landowner in consideration of the sum of One and no/I 00 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, agree as follows: PERMANENT DRAINAGE AND UTILITY EASEMENTS DESCRIPTION Landowner does hereby grant and convey unto the City, its successors and assigns, forever the following: Permanent easements for drainage and utility purposes and all such purposes ancillary, incident or related thereto (collectively "Permanent Easement") under, over, across , through and upon that real property legally described as Permanent Easement Area No. 1 and Permanent Easement Area No. 2 on Exhibit B and depicted on Exhibit C (collectively "Permanent Easement Area"), attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include the construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities, utilities, underground pipes, conduits, culverts, other mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. The Permanent Easement rights further include the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities, utilities, underground pipes, conduits, culverts, other mains, and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains located within the Permanent Easement Area, together with the right to excavate and refill ditches or trenches located within the Permanent Easement Area for the location of such pipes, conduits or mains; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the utility pipes, conduits, mains and above ground and below ground drainage facilities located within the Permanent Easement Area and to deposit earthen material in and upon the Permanent Easement Area in furtherance of the purposes of this Easement; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. Notwithstanding the foregoing provisions of this Easement, the City will, upon completion of any work within or use of the Permanent Easement Area, restore the Permanent Easement Area to reasonably the same condition as existed prior to such work or use. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants on the Permanent Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of Landowner's Property and the Permanent Easement Area, and has good right to grant and convey the Permanent Easement herein C-2 to the City. This Easement may not be modified, amended, or terminated except in a writing signed by the parties hereto. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [The remainder of this page has been intentionally left blank.] C-3 IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By : _____________ _ Joseph Kohlmann Acting City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this __ day of June 2023, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Joseph Kohlmann to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the Acting City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and Acting City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public C-4 LANDOWNER: ILHC OF STILLWATER, LLC STATE OF N\,n.obSotC.... COUNTY OF \jeY'\'{'Jl ?; V, ) ) f ) ss. The foregoing instrument was ackno" ·!edged before me o n this (~day of -S \.V\I\.Jt-, 2023 by 3g IAvU ~ C..J,u v-k._ • the Se.c. ll"e.J.9-v# of ILHC of Stillwater, LLC, a Delaware limited liability company, on behalf of t\e limited liability company. SHANNON RUSSE LL . ~) Notary Public , " Minnesota 'J!'" •• My Commission E,:pirns , This instrument drafted by and after recording, please return to: Karine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 ~~ Notary Public C-5 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Outlots Band C, Lakes at Stillwater, according to the plat thereof, Washington County, Minnesota. Abstract Property PIDs: 30.030.20.41.0042 and 30.030.20.42.0025 A-1 EXHIBITB LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA Permanent Easement Area No. 1 A permanent easement being a strip of land 20.00 feet in width for public drainage and utility purposes, over, under and across that part of Outlot B, LAKES AT STILLWATER, according to said plat on file and ofrecord in the office of the County Recorder, in and for, Washington County, Minnesota the centerline of said strip described as commencing at the most westerly comer of said Outlot B; thence South 43 degrees 38 minutes 44 seconds East, assumed bearing along the southerly line of said Outlot B, 145.06 feet to the point of beginning of the centerline to be described; thence North 3 2 degrees 06 minutes 20 seconds East, 69 .15 feet and said centerline there terminating. Said easement is to extend by its full width from the South line of said Outlot B to a line drawn perpendicular to said centerline and which passes through the point of termination. Permanent Easement Area No. 2 A permanent easement being a strip of land 20.00 feet in width for public drainage and utility purposes, over, under and across that part ofOutlot C, LAKES AT STILLWATER, according to said plat on file and ofrecord in the office of the County Recorder, in and for, Washington County, Minnesota the centerline of said strip described as commencing at the northwest comer of said Outlot C; for purposes of this description the West line of said Outlot C is assumed to bear North 00 degrees 15 minutes 23 seconds West; thence northeasterly, 10.99 feet, along a non-tangential curve and along the northerly line of said Outlot C, said curve having a radius of 13 7 .00 feet, a central angle of 04 degrees 35 minutes 51 seconds and the chord of said curve bears North 70 degrees 47 minutes 27 seconds East to the point of beginning of the centerline to be described; thence South 30 degrees 43 minutes 53 seconds East, 45.84 feet and said centerline there terminating. Said easement is to extend by its full width from the North line of said Outlot C to a line drawn perpendicular to said centerline and which passes through the point of termination. B-1 2 ..: r-.,. i,i "' N n 0 N I ~ ...... .,. ~ '<! "' .§ :, 0 r1 w "' ~ > "' "' r1 "' :::: " "' u " s ~ r1 0:, ~ ... 5 t; r ..,- ,-I ,.I I I ,.., l ~ I t ... : ~ I •• I 1., -· --.... " ILHC STILLWATER LLC PID: 3003020420025 LEGEND -------SUBJECT PARCEL ----ADJACENT LOT LINES ---------EXISTINGEASEMENT ---------NEW EASEMENT ------RIGHTOFWAY ,-----7 L _. T i l__ DAVID W & HEIDI A BURNS Pl D: 3003020420006 EASEMENT EXHIBIT ,~ -~" ~: ~~ -> ........ 'r J' \ r~: I...,\ ,. ' -1 ... I l ., • I' ~ I .,_ , / OUTLOT B ILHC STILLWATER LLC PID:3003020410042 ' ' ..... '...._ ---------- 50 ' SCALE IN FEET ---------=-------- ©Bolton & Menk, Inc 2023, All Rl ehts Reserved PART OF: DRAINAGE & UTILITY EASEMENT AREA= 1,383 +/-SQ Ff /'11:\BOLTON \QV&MENK 3507 HIGH POINT DRIVE NORTH BLDG. 1 SUITE E130 OAKDALE, MINNESOTA 55128 (651) 704-9970 OUTLOT B, LAKES AT STILLWATER WASHINGTON COUNTY, MINNESOTA FOR: CITY OF STILLWATER JOB NUMBER: ONl.128183 DRAWN BY: ARK SHEET 2 OF 2 0 ::E <C U) "' ;.; ,... (j ~ "' I .., N "' 3 "Cl u .§ :i 0 N UJ UJ ~ > "' Cl() ... Cl() N .... 0 .., u 0 <C u ::3 .... Cl() "' ... ..... z 0 -' ti; ::c I ♦ 40 SCALE IN FEET MICHAEL R & DIONNE M MESITERLING PID :3003020420023 oO LEGEND SUBJECT PARCEL ADJACENT LOT LINES ---------EXISTING EASEMENT I NORTHWESTCORNER · OF ounorc POINT OFCOMMENCMENT / / POINTOF ·-' / BEGINNING OF / CENTERUNE .., .... "' ... a 0 z L=l0.99 R=l37.00 ll=4"35'51" CB=N 70"47'27" E · .. --NORTH UNEOF ounorc ~y ) ·._ W6T LJNE OF ounorc ---------NEW EASEMENT / DAVID W & HEIDI A BURNS PIO: 3003020420006 ------RIGHT OF WAY ,----------, j I L..------- DRAINAGE & UTILITY EASEMENT AREA= 914 +/-SQ FT EASEMENT EXHIBIT li:\BOLTON \UY&MENK 3507 HIGH POINT DRIVE NORTH BLDG. 1 SUITE E130 OAKDALE , MINNESOTA 55128 (651) 704-9970 JOB NUMBER : 0Nl.128183 LODGE AT STILLWATER LLC PID: 3003020420018 NORTH OUTLOTC ILHC STILLWATER LLC PID:3003020420025 ©Bolton & Menk, Inc. 2023, All Ri ghts Reserved PART OF: OUTLOT C, LAKES AT STILLWATER WASHINGTON COUNTY, MINNESOTA FOR : CITY OF STILLWATER DRAWN BY: ARK SHEET 2 OF 2 DATE: June 20, 2023 TO: Honorable Mayor and Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2023 Lumberjack Days 5K and 10K Event BACKGROUND The Meet the Monsters Athletics has submitted an event application for the 2023 Lumberjack Days 5k and 10k for Saturday, July 15, 2023, from 7:30 am to 8:30 am. Their route will be the same as used in the past with the start and finish at Pioneer Park. As they have done during past events, they are requesting approval to block off 2nd St. North at Laurel Street from 6am to approximately 9 am. ACTION REQUIRED Attached is the site (route) plan for the 2023 Lumberjack Days 5k and 10k. The staff recommendation is for City Council to approve the event application for the Lumberjack Days 5k and 10k event. Attachment: Site (Route) Plan 2023 Lumberjack Days 5k and 10k Route. Starting at Pioneer Park, heading west on Laurel. Barricades at the yellow highlights + z us Warden's Hot Pioneer Paril Full Route photo Wlllnws1 w .-.,11tw .. 1 Ave. W wu~,n:i.:s1w S t aple~ Patk Ehn Sl W Schulenb g Pc1rk WIUuw.s,, s. u,_. Av .. t:. z wm,.111.s,w ,., "' z Se Musovm C P i oneer Per~ DATE: June 20, 2023 TO: Honorable Mayor and Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2023 Lumberjack Days Contract and Temp. Liquor License Application BACKGROUND The Locals have submitted their application for the 2023 Lumberjack Days to occur July 14th –July 16th. There is a setup day scheduled for July 13th and a cleanup day on July 17th. The Event Contract for Lumberjack Days has been updated and is included in your packets. The highlights for this year are noted below: 1) Payment of City Costs – requires the deposit amount to be received three weeks prior to the event (consistent with the current Event Policy and removal of Public Safety costs). 2) Fencing – this provision was removed last year as with the policy change regarding alcohol consumption in City Parks. The area is all of Lowell Park. 3) Hold Harmless and Indemnification section was added last year to the contract. 4) Due to construction on Owens Street this year, the proposed new Parade route for 2023 is included in your packet. Attachments: Site Plan and Parade Route, Resolution and Contract ACTION REQUESTED A motion to approve the attached Resolution approving the Contract and Temporary Liquor License with the Locals for the 2023 Lumberjack Days Event. 2023 Stillwater Lumberjack Days July 14-15-16 Down Hill Derby Route (Friday Only) Stage (20x30), side musician / production area 20x20 Legend Information Booth Power ATM Fire hydrant Light Tower All Ages Activity; typically daytime. Road Closure (Class III) Road Barricade (vehicles) Jerry’s Lemonade Arch i Command Center, Volunteer Check-In, & Merchandise (4) reg portajons, (1) ADA, (1) changing sta- tion, and (1) handwash Alcohol Service Area: 80x40 tent, Beer Trailer in back. Bingo in tent during day Fri, Sat, Sun. See detail drawing. Public pay parking Water Pump location for Lum- berjack Enterpris- es Pontoon and Gondola rides (ran by Gondola Romantica and Stillwater Boat Rental off Existing Dock Food Vendors LumberKIDS! (5) reg. Portajohns & Handwash River Market Parking Non-Food Vendors Kids Play Areas Dumpsters *Public Safety to plan ex- act street closure, barrier type, and placement Petting Zoo Skate ramp (5) reg portajons, (1) ADA, and (1) handwash Mini-golf (5) reg. Portajohns & Handwash ~ ~ 0 ·i -.-- ~ ~ ' ~ • • ~ rrrno ~Rese ~ar\l\ni secur\'C'I --. ----ano ?ro· auc.t.\Ot' • Parade Route ■ Assembly Area -Parade Begin s at ·11 AM Sunday , July 16, 2023 City of Stillwater Washington County, Minnesota RESOLUTION 2023- A RESOLUTION APPROVING 2023 LUMBERJACK DAYS SPECIAL EVENT CONTRACT WHEREAS, The Locals, Inc. desires to hold a Special Event for Lumberjack Days; and WHEREAS, The Locals, Inc. has submitted its required information to the City to hold the Special Event. NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2023 Lumberjack Days Special Event Contract, between the Locals, Inc. and the City of Stillwater is hereby approved, subject to coordination of the event with the City’s police, fire, and public works, as needed to meet City’s requirements and conditions, and approvals from other governmental agencies and entities as required. The Mayor and City Clerk are hereby authorized to sign the contract. Adopted by the Stillwater City Council this 20th day of June, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Joseph Kohlmann, Acting City Clerk 2023 STILLWATER LUMBERJACK DAYS SPECIAL EVENT CONTRACT This Agreement (“Agreement”) dated June 20, 2023 is by and between the City of Stillwater, a Minnesota municipal corporation (“City”), and The Locals, Inc., (“Locals”) a Minnesota non–profit corporation. Whereas, the City has encouraged community wide celebrations in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the public welfare of the City; and Whereas, the Stillwater Lumberjack Days Celebration (“Lumberjack Days”) has typically been held during July of each year as determined between the Locals and the City; and Whereas, in return for the exclusive use of the City Parks as identified on the approved Event Maps, the Locals hereby agrees to the terms of this Agreement. Now therefore, for mutual consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Dates of Lumberjack Days. The Lumberjack Days will be conducted on the following dates: Setup: Thursday, July 13, 2023 – 8 a.m. to 10 p.m. Event: Friday, July 14, 2023; Saturday, July 15, 2023 8 a.m. to 11:15 p.m.; Sunday, July 16, 2023 8 a.m. to 10 p.m. Cleanup: Monday, July 17, 2023 – 9 a.m. to 12 p.m. 2. Term of Agreement and Termination. This Agreement will remain in effect for a period of one (1) year from the date of its execution. In the event that a determination is made by the City Council, based upon the advice of the Police Chief that Lumberjack Days is a threat to the health, safety or welfare of the community, the City Council reserves the right to terminate this Agreement. 3. Contact Information: a. The Locals. The Locals must appoint an individual to represent their organization in dealing with the City regarding Lumberjack Days who is given the necessary authority to bind the organization to agreements made with the City, to receive notice of any kind including routine or emergency notices that when received by the individual will be considered given to the Locals. The notice may be given by email, in person, by telephone or by U.S. Mail. b. The City. The primary contact for the City will be the City Administrator or designee. The Locals pledges to work with the City Administrator regarding event planning and the fulfillment of the conditions contained in this Agreement. 2 4. Event Map. The Locals must prepare an overall event map for Lumberjack Days that depicts the location of all events and activities, any fencing, vendors, exits and any areas with the City, such as parks or parking lots that are proposed for use by the Locals for Lumberjack Days and related use. 5. Background Investigations. The Locals or any managers hired by the Locals for purposes of planning or conducting Lumberjack Days must consent to and allow the City to conduct criminal background investigations. 6. Security Officers. The Locals will provide, at no cost to the City privately paid, professional, uniformed security officers equipped with radios or other communication devices. All security officers will be suitably identifiable. The number and deployment of the Security force must be approved in writing by the Stillwater Police Chief. 7. Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must remain open to the public and unobstructed during the Celebration unless approved by the City Administrator. 8. Damage Deposit. The Locals will pay a damage deposit of $1,000. The damage deposit will be refunded no later than 30 days after event, in whole or in part, if not needed to repair damage, as determined by the Public Works Director. The Locals must restore and repair any areas of damage to public areas and infrastructure, including but not limited to the public park(s), trails or parking lots used for Lumberjack Days that are damaged by vehicles, vendors or attendees or for cleanup costs for areas not cleaned up to the City’s satisfaction. City Staff will do a walk-through of the venue with the Locals and identify and document any damage before Lumberjack Days. Both parties will walk the same areas after Lumberjack Days to determine new damage. Any damaged not restored or repaired by the Locals will be repaired by the City and reimbursed by the Locals. If the damage deposit is not sufficient to cover the City’s costs, the Locals shall be responsible for any shortfall. On the day following the close of Lumberjack Days, weather permitting, the Locals will clean Lowell Park and other areas that have been impacted by Lumberjack Days. The Locals is responsible for all costs incurred for the clean-up of areas neglected by the Locals. The City will run Street Sweepers after the event at no cost to the Locals. 9. Ticket Sales. In order to defray costs associated with Lumberjack Days, the Locals is authorized to establish and implement a park access fee or access ticket charge for Friday and Saturday evenings for the events. No charge will be made or ticket required for members of the Locals work force, public safety personnel, or to other persons not considered members of the general public, nor will any charge be made for the daytime shows or events or for access to the area south of the Stillwater Lift Bridge. 10. Race and Parade Management. The Locals must submit and have approved a Management Plan for any races or parades proposed to be held during Lumberjack Days. The Plan must describe the start and finish lines and the proposed route and parking control, traffic control, barricade placement and 3 street closure, water stop(s) and first aid station(s), an emergency plan, portable toilets, trash collection and pickup, and a schedule for any required provision of City services including Police, Fire, Public Works and electricity and water/services. 11. Liquor Control. a. Local and State Licensing. The Locals has been granted conceptual authority to dispense intoxicating liquor at the Lumberjack Days. This approval is subject to approval of a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All licenses must be approved and proof of liquor liability insurance coverage must be submitted to the City Clerk. This Agreement will set forth the terms and conditions that will control the dispensing of alcohol at Lumberjack Days. b. The Area. The Locals shall provide the City an overall site map showing the area(s) where serving alcohol is proposed. The City shall have sole authority to approve or modify the locations for liquor service (“Area”). c. Exits. All Entry/Exit gates to the Area must be controlled by security personnel while alcohol is being served. At each of these entry/exit points, a security guard must be in place to ensure that no personal alcohol enters or leaves the Area. d. Signage. Signage will be prominently displayed at each entry/exit point to notify guests that no alcohol will be allowed to be brought into the Area or brought out of the Area. e. Identification Bracelets. The Locals will provide at no charge alcohol identification bracelets at location(s) as required by City Staff. The Locals will be responsible for the issuance of bracelets and ensuring that the bracelets are given only to those who are legally entitled to consume alcohol. f. No Other Alcohol or Coolers. No alcohol is allowed in the Area except for alcohol that is sold by the Locals. The Locals is responsible to see that no other alcohol is brought into the Area. Bottles, containers or coolers brought into the Area, are subject to search. g. Compliance Program. The Locals must train all alcohol servers with regard to alcohol awareness and underage consumption before the Lumberjack Days. h. Compliance Inspection. The Locals acknowledges that as a liquor license holder for Lumberjack Days, it is subject to Stillwater City Code §43-66. i. Hours of Operation. Alcohol sales will cease 15 minutes before the last band finishes playing each evening of Lumberjack Days, but in no event later than: Friday, 11:00 p.m.; Saturday, 11:00 p.m.; and Sunday, 9:45 p.m. 4 12. Insurance. The Locals must provide to the City satisfactory proof that it has obtained commercial general liability insurance that names the City as an additional insured, as loss payees, in an amount of at least $1,500,000 per occurrence and $2,000,000 annual aggregate, for loss sustained by either acts or occurrences that arise from or grow out of Lumberjack Days, and liquor liability insurance coverage for Lumberjack Days as described in Minn. Stat. §340A.409. 13. Hold Harmless and Indemnification. The Locals agree to defend, indemnify, and hold harmless the City other, its agents and employees, officers and elected officials 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. The Locals shall indemnify the City against legal liability for damages arising out of claims by the Locals’ employees. 14. Music. Musical entertainment must be selected with the approval of Public Safety. Public Safety must also review and approve the Media Advertising Campaign before the campaign is implemented. By June 20th the Locals must provide to the City a complete list of all musical acts along with an estimate crowd size for each. Live musical entertainment must cease no later on each day than set forth as follows: Friday, 11:15 p.m.; Saturday 11:15 p.m.; and Sunday, 10:00 p.m. 15. Noise Control. The Locals is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 16. Police Power for Specific Events. The City reserves the right to order a shut down of the Area or certain Lumberjack Days events if the Chief of Police determines, in his sole discretion, that the public health, safety and welfare is threatened, or any condition of this Agreement is violated. In that event, the Locals will cease with the event in that location and must assist the police and public safety personal in the clearing the location. 17. Dumpsters. The Locals must furnish dumpsters or roll–off boxes according to a plan approved by Public Works Staff in sufficient quantity to contain the accumulation of trash generated by Lumberjack Days and must ensure that all trash or garbage is collected and hauled away daily in the Celebration areas. The City may amend the plan and require additional dumpsters or trash receptacles if the need arises. 18. Traffic Control. To ensure traffic and pedestrian control, the Locals must place standard reflective barriers according to a plan approved by the Public Works Director, Police Chief or their designees. Barriers may be supplied by the Locals, or by the City. Charges for the City supply of barriers are set forth in the current City Fee Schedule. The City may place additional traffic control barriers to protect public safety at City expense based upon a plan developed by the Public Works Director and Police Chief or their designees. The plan for 5 placement of additional public safety traffic control barriers shall be shared with the Locals by July 1, 2023. 19. Electricity and City Water. Existing electrical boxes will be opened by the City and access allowed according to the current City Fee Schedule. If access to water main or hydrants is required, the Locals must make arrangements with the City Water Department and must pay related Water Department fees. 20. Restrooms. The Locals must furnish portable restrooms to facilitate expected crowds in a number approved by the Public Works Director. Additional portable restrooms must be provided by the Locals if deemed necessary to protect public health as determined by the City. City Public Restrooms on the Pedestrian Walkway and the South end of Lowell Park will remain open during Lumberjack Days and the City will supply and equip both restrooms, however, the Locals will be responsible for maintaining, cleaning, staffing and security and supervision for both restrooms. 21. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system is easily damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the Park. 22. Grey Water. The Locals agrees to ensure that all vendors’ wastewater be discharged into a holding tank approved by Washington County Public Health and Environment Department. Vendors without an approved holding tank must discharge into grey water barrels provided by the Locals. Disposal costs are the responsibility of the Locals. Grey water barrels or holding tanks shall not be disposed into the City’s sanitary or storm sewers, for any reason. 23. Use of City Parking Lots. The City prefers the Locals to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lots for use would be Lots 4, 5, 9, 10 and 11. These lots will be available to the Locals exclusively from Thursday AM until Monday AM of the Event weekend. Lot 11 will be shared with Public Safety as a staging area. 24. Remote Parking. The Locals will work with City Staff to explore the feasibility of a remote parking and a shuttle plan for Lumberjack Days. Any shuttle service and remote parking must be approved by the City. 25. General Conditions a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. 6 b. Waiver. A waiver by either City or The Locals 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. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. 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. g. Umbrella Events. By June 15th the Locals must submit to the City a complete list of all “umbrella events.” “Umbrella events” are events taking place during the time frame of the Lumberjack Days Festival, and are included in Lumberjack Days Festival promotional materials, but are not directly produced by the Locals. h. No Camping. No camping in tents, trailers or campers is allowed in downtown Stillwater during the events. i. Sales Tax. The Locals must obtain a State Taxpayer Identification Number and collect any sales or use taxes that are due according to law. j. Food Vendors. All food vendors must be inspected and approved by Washington County Public Health and Environment Department, the Stillwater Fire Department and the State Electrical Inspector prior to beginning operation. The Locals must provide a complete list of all vendors to each of these agencies at least two weeks prior to the event. k. Status Report. Beginning 30 days after the execution of the Agreement, and each 30 days thereafter, the Locals must provide the City with a status report, that must include the sources (should the source elect to be identified) and amount of paid sponsorships, the nature and extent of any contractual agreements made with third parties, nature and extent of any credit extended by third parties to the Locals or to others for the benefit of the Locals, and any other status information reasonably required by the City. l. Public Information. As soon as practical after furnishing the main schedule, the Locals will publish and widely distribute a schedule of events. After 7 Lumberjack Days closes, the Locals will prepare a press release describing the charities that benefit from Lumberjack Days. [remainder of page intentionally left blank] 8 CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Joseph Kohlmann, Its Acting City Clerk THE LOCALS, INC. By Its   DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Zephyr Access Easement BACKGROUND The City recently approved an IUP for Manitou Fund to operate a school at 601 Main St. N. (Zephyr Theater building). The driveway on the north side of the Zephyr building crosses City property at the location noted in the red circle below. In order to have legal access from the north driveway to the building, Manitou Fund has requested a non-exclusive permanent access easement across the City’s property. The purpose of the easement is solely to give the Zephyr property permanent access their lot to the south. It is not giving them any permission to use the City’s parking lot to the north.    If we can come to terms on a Lease Agreement for the parking lot to the north, we will bring that agreement to the Council on a future agenda for discussion. ACTION REQUESTED Approve Non-Exclusive Access Agreement with Manitou Fund T H E illwater B I RT H P LACE O F M I N N ESOTA City St.ate ZIP:: S UWATER MN 55082.0242 &.timated LandV•lue; S11,400 &bmat.d 8u1ld1ng V•lu•: SO &\H'l'\.,-KI Tot.111 V•lu•; $1, 400 Salo Dale! Oct.ob~, 19 1 Q92 1 4853-9024-7523\3 NON-EXCLUSIVE ACCESS EASEMENT THIS NON-EXCLUSIVE ACCESS EASEMENT (“Easement”) is made, granted and conveyed this ______ day of ______________________, 2023, by and between the City of Stillwater, a Minnesota municipal corporation (“City”), and Manitou Fund STLW, LLC, a Minnesota limited liability company (“Owner”). WHEREAS, City owns real property situated within Washington County, Minnesota as described on Exhibit A (“City’s Property”), attached hereto and incorporated herein by reference. WHEREAS, the Owner owns real property situated within Washington County, Minnesota as described on Exhibit B (“Owner’s Property”), attached hereto and incorporated herein by reference. WHEREAS, the Owner needs to gain access to Owner’s Property through City’s Property and therefore, this Easement is required from City. NOW THEREFORE, City in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the Owner, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent, non-exclusive easement appurtenant to the Owner’s Property under, over, across, through and upon the real property legally described and depicted on Exhibit C (“Permanent Easement Area”), attached hereto and incorporated herein by reference, for the purpose of providing pedestrian and vehicular access to and from Owner’s Property (“Permanent Easement”). EXEMPT FROM STATE DEED TAX 2 4853-9024-7523\3 The rights of the Owner also include the right of the Owner, its tenants, invitees, contractors, agents and servants (collectively, the “Owner Parties”): (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of accessing Owner’s Property; and (b) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location and use of the Permanent Easement Area. The use of the Permanent Easement Area by the Owner Parties shall not unreasonably interfere with the use of the Permanent Easement Area as a common area, and the Owner Parties shall access Owner’s Property in a manner that does not unreasonably interfere with the use of the City’s Property by the City. The City shall repair, maintain, or replace the Permanent Easement Area at its cost, except for costs resulting from the gross negligence or willful misconduct of the Owner Parties which shall be paid by Owner. The Owner Parties shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys’ fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on the Permanent Easement Area or the City’s Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Owner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The City, for itself and its successors and assigns, does hereby warrant to and covenant with the Owner, its successors and assigns, that it is well seized in fee of the City’s Property described on Exhibit A, the Permanent Easement Area legally described and depicted on Exhibit C and has good right to grant and convey the Permanent Easement herein to the Owner. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The rights and obligations hereunder shall run with and be appurtenant to, and burden, City’s Property and Owner’s Property. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [Remainder of this page has been intentionally left blank] 3 4853-9024-7523\3 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER, a Minnesota municipal corporation By: Ted Kozlowski Mayor By: Joseph Kohlmann Acting City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of _______________, 2023, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Joseph Kohlmann to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the Acting City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and Acting City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. _______________________________________ Notary Public OWNER: ,LLC, a Minnesota company By: __ ---..::.......::.---==---------- Printed Name: Oliver Din Its: President STATE OF MINNESOTA COUNTY OF \l-<AfflS~ ) )ss. ) On this -:g__ day of Mf'I u\ 2023, before me personally appeared Oliver Din, the President of Manitou Fund STLW, LLC, a Minnesota limited liability company, on behalf of the limited liability company. /.,'f!'".•••~, SAMANTHA MARGARET WI ERSTAD r{~"; ~\ Notary Public • , -~j Minnesota '\';;~It\ .f My Commission Expires '--:._:,_~·:-,,,7 Jan 31 , 2024 This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 ~ ryPublic Signature Page to Non-Exclusive Access Easement A-1 4853-9024-7523\3 EXHIBIT A LEGAL DESCRIPTION OF CITY’S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: PARCEL 3 DESCRIPTION: All that part of Tract 2 as described on Certificate of Title Number #65, and delineated upon the map marked “Exhibit B” attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street, as shown on the plat of the original Town, now City of Stillwater, as amended by Myron Shepard’s Perfected Plat of the City of Stillwater dated May 21, 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet to a point hereinafter referred to as “Point A”; thence northeasterly 209.25 feet along a non-tangential curve concave to the northwest, having a radius of 284.57 feet, a central angle of 42 degrees 07 minutes 50 seconds, the chord of said curve bears North 32 degrees 29 minutes 03 seconds East, to a point hereinafter referred to as “Point B”; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title 65 and the point of beginning of the parcel being described; thence South 11 degrees 25 minutes 08 seconds West 35.93 feet, more or less, to the before described “Point B”; thence southwesterly along the before described 284.57 foot radius curve, 209.25 feet to the before described “Point A”; thence North 07 degrees 24 minutes 09 seconds East, not tangent to said curve, 130.50 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to said easterly line of Tract 2; thence southerly 395.12 feet along said easterly line on a non- tangential curve concave to the west, having a radius of 2801.27 feet, a central angle 08 degrees 04 minutes 54 seconds, the chord of said curve bears South 00 degrees 53 minutes 01 seconds West; thence South 04 degrees 55 minutes 28 seconds West, along tangent and along said easterly line 171.30 feet, more or less, to the point of beginning. Subject to a right of way to the Northern Pacific Railway Company, Fourteen (14) feet in width, Seven (7) feet on each side of the centerline of the spur track of the Northern Pacific Railway Company, running to the Minnesota State Prison, as now located and constructed and more particularly delineated on the map attached to the Deed of the Northern Pacific Railway Company, dated September 8th, 1902 and recorded in the Office of the Register of Deeds in and for said Washington County, on the 6th day of November, 1902, in Book 55 of Deed, Page 267. And A-2 4853-9024-7523\3 Subject to a 20.00 foot wide utility easement over, under and across all that part of the above described parcel being 10.00 feet on either side of the fallowing described centerline; Commencing at the intersection of said easterly line of Main Street and said northerly line of Laurel Street; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line, 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet; thence South 36 degrees 10 minutes 04 seconds West 31.29 feet to the point of beginning of the centerline description of the 20.00 wide utility easement being described; thence North 36 degrees 10 minutes 04 seconds East along said centerline 170.00 feet; thence North 19 degrees 52 minutes 50 seconds East along said centerline 61.23 feet; thence North 08 degrees 18 minutes 28 seconds East along said centerline 185.85 feet, more or less, to said easterly line of Tract 2; thence North 12 degrees 27 minutes 49 seconds East along said centerline 100.00 feet to the end of the easement being described. Torrens Property, Certificate of Title No. 43639 B-1 4853-9024-7523\3 EXHIBIT B LEGAL DESCRIPTION OF OWNER’S PROPERTY Real property in the City of Stillwater, County of Washington, State of Minnesota, described as follows: Parcel 1: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked “Exhibit B” attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the “ORIGINAL TOWN, NOW CITY OF STILLWATER as amended by MYRON SHEPARD’S PERFECTED PLAT OF THE CITY OF STILLWATER dated May 21 , 1878”; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East along a line hereinafter referred to as “Line A” 18 feet to the point of beginning of the parcel being described ; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet; thence northeasterly 209.25 feet along a non-tangential curve concave to the northwest having a radius of 284.57 feet, a central angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03 seconds East; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence South 04 degrees 55 minutes 28 seconds West along said easterly line 635.47 feet; thence southerly 18.56 feet along said easterly line on a tangential curve concave to the east, having a radius of 2873.93 and a central angle of 00 degrees 22 minutes 12 seconds, to said northerly line of Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said northerly line 26.15 feet, more or less, to a point 124.00 feet easterly, as measured along said northerly line from said easterly line of Main Street; thence South 12 degrees 12 minutes 16 seconds West along said easterly line of Tract 2 a distance of 28.68 feet more or less to the centerline of said Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said centerline 84.25 feet, more or less, to the intersection with a line drawn parallel with and 34.00 feet easterly, as measured at right angles, of said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East parallel with said easterly line, 59.36 feet, more or less, to the intersection with an easterly projection of the before described “Line A”; thence North 81 degrees 23 minutes 52 seconds West along said projected line 16.00 feet to the point of beginning. Torrens Property, Certificate of Title No. 76312 Parcel 2: That part of Tract A described below: B-2 4853-9024-7523\3 TRACT A: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked “Exhibit B” attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the original town, now City of Stillwater, as amended by Myron Shepard’s Perfected Plat of the City of Stillwater, dated May 21 , 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet to the point of beginning of the parcel being described ; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 577.57 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 feet and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence northerly along said easterly line of Tract 2 to the most northerly corner thereof; thence southerly along the westerly line of said Tract 2 to the point of beginning; which lies westerly of a line run parallel with and distant 18 feet easterly of the westerly line of Tract A herein before described, and southerly of a line run parallel with and distant 447.07 feet northerly of the southerly line of said Tract A. Torrens Property, Certificate of Title No. 80190 C-1 4853-9024-7523\3 EXHIBIT C LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA ~ 0 § ~ ~ s i :::, '.;l ,., ~ g ~ ~ ~ z © 2023 Westwood Professional Services, Inc. DENOTES EASEMENT AREA AREA = 2,842 Sq. Ft. I 0. 065 Acres EASEMENT DESCRIPTION That part of the following described lands: i ~J I I I I I I I I I I ;i' ,-.: [ii ,, if1 I t ----~ I I I I / \ j /-POINT OF / BEGINNING \ I S8o o36'56') <:: 78.0o / ii ,)'--jj_ "°'"'°' m-maM,m f,, ~; / INTERSECT/ON OF E'L Y LINE N ~ / MAIN STREET & N'LY LINE ~ 1 LAUREL STREET "" IJ/ --i ~: I k ,; I :: ~: I '( I I I I I I I I Commencing at the intersection of the easterly line of Main Street and the northerly line of laurel Street as shown on the plat of the "ORIGINAL TOWN, NOW CITY OF STILLWATER as amended by MYRON SHEPARD 'S PERFECTED PLAT OF THE CITY OF STILLWATER dated May 21, 1878"; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet to a point hereinafrer referred to as "Point A"; thence northeasterly 209.25 feet along a non-tangential curve concave to the northwest having a radius of 284.57 feet, a central angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03 seconds East, to a point hereinafrer referred to as "Point B"; thence North 71 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65 and the point of beginning of the parcel being described; thence South 71 degrees 25 minutes 08 seconds West 35.93 feet, more or less, to the before described "Point B"; thence southwesterly along the before described 284.57 foot radius curve, 209.25 feet to the before described "Point A''. thence North 07 degrees 24 minutes 09 seconds East, not tangent to said curve, 130.50 feet; thence North 08 degrees 40 minutes 21 seconds East 33 7. 78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.1 6 feet, more or less, to said easterly line of Tract 2; thence southerly 395.12 feet along said easterly line on a non -tangential curve concave to the west, having a radius of 2807.27 feet, a central angle 08 degrees 04 minutes 54 seconds, the chord of said curve bears South 00 degrees 53 minutes 07 seconds West; thence South 04 degrees 55 minutes 28 seconds West, along a tangent and along said easterly line 177.30 feet, more or less, to the point of beginning. Which lies southerly of the following described line and its easterly and westerly extensions: Commencing at the intersection of the easterly line of Main Street and the northerly line of laurel Street as shown on the PLAT OF THE "ORIGINAL TOWN, NOW CITY OF STILLWATER" AS AMENDED BY "MYRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER"; thence North 09 degrees 23 minutes 04 seconds East, along said easterly line of Main Street a distance of 48.00 feet. thence South 80 degrees 36 minutes 56 seconds East a distance of 18.00 feet thence North 08 degrees 71 minutes 05 seconds East a distance of 537.40 feet to the point of beginning; thence South 80 degrees 36 minutes 23 seconds East a distance of 61.00 feet more or less. i z ~ 2 ._ _____________________________________________________ _,o.. I I Westwood I r;m,cM ern I Zephyr Theatre Phoao (952) 937-5 160 12701 White,,vatei-Drive, Suite #300 Ac cess OF '" (952) 937-5822 Minnetonka, MN 55343 Easement 1 Stillwater, MN .,,._ (888) 937-5 150 WMl:woodp1.com Westwood Profeuion,11 I Servie@S, Inc. DATE . 5/17/2023 PROJECT NUMBER: 0043997 Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, 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 3.10:00 4.10:00 Roll Call 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 June 6, 2023, County Board meeting minutes. B.Approval to reclassify a Sentence to Service (STS) Crew Leader position to a Community Corrections Supervisor position. C.Approval for a new 0.80 FTE Special Project Senior Accountant in the Community Services Department. D.Adopt a resolution to approve 10.0 FTE special project positions in the Community Services Department to complete Medical Assistance renewals. BOARD AGENDA June 20, 2023 - 9:00 AM 1.9:00 2.9:30 Reconvene as the County Board of Appeal and Equalization Washington County Regional Railroad Authority - Lyssa Leitner, Planning Director (item C) - Sara Allen, Senior Planner (item D) A.Roll Call Pledge of Allegiance B.Approval of the May 9, 2023, Regional Rail Authority minutes. C.Adopt a resolution to set the permit fee at $0.75 per square foot of impacted surface of property for the Forest Lake School District’s bus parking and direct staff to execute the permit. D.Adopt a resolution to appoint Commissioner Karla Bigham as alternate to the Gold Line Joint Powers Board (JPB). E.Adjourn Washington County Board of Commissioners Convenes 5. 10:10 FYI 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 E.Approve Memorandum of Agreement with Bemidji State University for a Social Work student enrolled in the Program of the University to participate in a Field Placement in Washington County. F.Approve Contract No. 15608 with Canvas Health in the amount of $1,452,286.00 for the period of July 1, 2023, through December 31, 2024. G.1. Approval of Grant Agreement No. 15612 with the Minnesota Department of Human Services for the Fraud Prevention Investigation Program, in the amount of $260,000 for the period of July 1, 2023, through June 30, 2025. 2. Approval of Cooperative Agreement No. 15611 with the Washington County Sheriff's Office to provide Fraud Prevention Investigation Services. H.Approval to increase full-time equivalent (FTE) from 0.8 to 1.0 for the Senior Community Health Specialist position in the Department of Public Health and Environment. I.Approval to increase full-time equivalent (FTE) from 0.75 to 1.0 for the Special Project - Office Specialist position in the Department of Public Health and Environment, through June 30, 2024. J.Approval to extend the Special Project - Community Nutrition Specialist position in the Department of Public Health and Environment through June 30, 2024. K.Adopt a resolution to appoint Commissioner Karla Bigham as alternate to the Gold Line Joint Powers Board (JPB). Consent Calendar continued 6.10:10 7.10:30 Community Services - Rebecca Motzko, Social Services Supervisor A. Recognition of the 2023 Washington County Family Child Care Provider of the Year. Accounting and Finance - Tabatha Hansen, Director (item A) - Nicki Castro, Procurement Manager (item B) A. Approve Agreement No. 15598 between the Minnesota Department of Revenue and Washington County for Collection of a Local Transit Sales and Use Tax. B. Approve seven countywide service contracts for Interpreter and Translation Services. Washington ; 2;County Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer B.1. Adopt a resolution in support of Park and Recreation month, proclaiming the month of July as Park and Recreation month in Washington County parks and trails, and proclaim the first non-holiday Tuesday of every month a Free Tuesday, waiving the vehicle permit required to enter Washington County parks. 2.Accept Awards of Excellence from the Minnesota Recreation and Park Association. 9. 11:30 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution approving a cooperative agreement with the City of Cottage Grove, a conservation easement, and $500,000 in Land and Water Legacy Program bond funds for acquisition of a 19.91 acre conservation easement on the Mississippi Dunes property. 10. 11:45 11. 12:00 12. 12:00 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 Adjourn 13. 12:00-12:15 Break 14. 12:15 Board Workshop with Public Health & Environment A. Tobacco Ordinance Update 2.Approve Contract No. 15436 with Ben's Structural Steel in the amount of $357,903 for structural steel on the Household Hazardous Waste (HHW) North and Yard Waste project. 3.Approve Contract No. 15437 with Wells Concrete Products in the amount of $670,345 for structural precast concrete on the Household Hazardous Waste (HHW) North and Yard Waste project. 8. 11:00 Public Works - Joe Welter, Senior Building Services Project Manager (item A) - JJ Williams, Parks Guest Services Supervisor II (item B) A. 1. Approve a Cooperative Agreement with the City of Forest Lake to exchange property to create a City Public Works Campus and a County Household Hazardous Waste Environmental Center. Washington ; 2;County Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, 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 Pledge of Allegiance 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. BOARD AGENDA ***NOTE CHANGE IN TIME*** June 13, 2023 - 3:30 PM 1.1:30 2.2:00 3.2:45 Personnel Committee Board Workshop with Community Services A. Review Medicaid Renewal Funding Proposal Board Workshop with Administration A. Discuss Outcomes of the 2023 Legislative Session 4. 3:30 PM Roll Call A. Approval to appoint Jenny DeMaria, Woodbury, as the District 5 representative to the Planning Advisory Commission, to a partial term expiring December 31, 2023. B. Approval to appoint Jenny DeMaria, Woodbury, as the District 5 representative to the Board of Adjustments and Appeals, to a partial term expiring December 31, 2025. C. Approval to appoint Meri Danielson, Cottage Grove, as the District 4 representative to the Parks and Open Spaces Commission, to a partial term expiring December 31, 2024. D. Approval to reappoint Mr. John M. Burcaw to a first full term on the Workforce Development Board as a Labor (Training) Representative with a term expiring June 30, 2026. E. Approval to reappoint Susan Evans to a fifth term on the Workforce Development Board as an (Adult Basic) Education representative with a term expiring June 30, 2026. F. Adopt a resolution to authorize the County Board Chair and County Administrator to execute contracts for the distribution of Family Homelessness Prevention and Assistance Program (FHPAP) Fast Track program grant funds with sub-grantees Solid Ground for $647,972 and Community Action Partnership of Ramsey and Washington Counties for $419,150 for the period starting on the date of signature, through September 30, 2023. 6. 3:40 5. 3:30 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 7.3:40 Human Resources - Julie Sorrem, Risk & Benefit Manager A.Recognizing Washington County as a recipient of the 2023 Minnesota Safety Council Governor’s Safety Award. 8.3:55 Public Works - Kevin Peterson, Design Engineer A.1. Adopt a resolution to accept the bid from Danner Inc. for the County State Aid Highway (CSAH) 38 Multi-Use Trail Project. 2. Approve Contract No. 15552 in the amount of $1,088,093.55 with Danner Inc. for the CSAH 38 Multi-Use Trail Project. 3. Approve Cooperative Cost Agreement No. 15488 with the City of Newport for the CSAH 38 Multi-Use Trail Project. 4. Approve Cooperative Maintenance Agreement No. 15489 with the City of Newport for the CSAH 38 Multi-Use Trail Project. 9.4:10 General Administration - Kevin Corbid, County Administrator 10.4:20 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. 11.4:35 Board Correspondence 12.4:35 Adjourn G. Approval of the Needs Determination for Rise, Inc. to close their Stillwater site for Day Support Services effective July 1, 2023. H. Approve Agreement No. 15209 with PaintCare, establishing eligibility for participation in PaintCare's paint collection program. I. Adopt a resolution to accept a donation in the amount of $2,500 from the friends and family of Charles Henry Gierke for a cedar bench to be placed at Lake Elmo Park Reserve. Consent Calendar continued 13.4:35-4:55 Break 14.5:00 PM Washington County Board Convenes as the Board of Appeal and Equalization A.County Board of Appeal and Equalization Washington ; 2;County