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HomeMy WebLinkAbout2023-07-18 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov REVISED AGENDA CITY COUNCIL MEETING July 18, 2023 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Stillwater Human Rights Award Presented to Will Antell – Resolution 2. Certificate of Appreciation for Jesse Pereboom, IT Technician 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. July 5, 2023 Workshop and Regular Meeting Minutes 12. Payment of Bills 13. Downtown Stillwater Holiday Lights Agreements 14. Individual Massage Therapist Licenses – Resolution 15. Nuisance Abatement Services Contract Agreement 16. St. Mary’s Church Events and Temporary Liquor License 17. Temporary Liquor License for Sunrise Rotary Club VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS 18. Manitou Fund Lease Removed X. NEW BUSINESS 19. Chestnut Street Right of Way Use – Resolution 20. 2024 Street Improvement Project Ordering Feasibility Study – Resolution 21. Adult Use Cannabis Regulations – Moratorium and Prohibition on Public Property – Ordinance 1st Reading XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT cStillwater ~ ~J The Bi rthplace of Minnesota ) 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING July 18, 2023 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Stillwater Human Rights Award Presented to Will Antell – Resolution 2. Certificate of Appreciation for Jesse Pereboom, IT Technician 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. July 5, 2023 Workshop and Regular Meeting Minutes 12. Payment of Bills – Available Tuesday 13. Downtown Stillwater Holiday Lights Agreements 14. Individual Massage Therapist Licenses – Resolution 15. Nuisance Abatement Services Contract Agreement 16. St. Mary’s Church Events and Temporary Liquor License 17. Temporary Liquor License for Sunrise Rotary Club VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS 18. Manitou Fund Lease – Available Tuesday X. NEW BUSINESS 19. Chestnut Street Right of Way Use – Resolution 20. 2024 Street Improvement Project Ordering Feasibility Study – Resolution 21. Adult Use Cannabis Regulations – Moratorium and Prohibition on Public Property – Ordinance 1st Reading XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT r ii/water ~, ~ The Birthplace ot Minnesota ) 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES July 5, 2023 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:35 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht Absent: Councilmember Polehna Staff present: City Administrator Kohlmann City Attorney Land Administrative Assistant Schmid Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS City Code Revisions City Attorney Land reviewed code revisions in areas of parks & rec, streets, traffic, utilities, building & construction, park dedication fees, site plan review, as well as finalizing sections such as the parking tax, self-propelled devices, food trucks, hotel licensing, and parking in the front yard. She added that the Planning Commission held a public hearing on the zoning ordinance amendments. No one from the public commented. Following the public hearing, the Planning Commission recommended approval of the amendments, except for the decision-making authority chart. Once the final revisions are made, she will present the entire code to Council for official adoption later this fall. Manitou Fund/Zephyr Proposed Parking Lot Lease Documents Ms. Land explained that in 2005, the City entered into a lease agreement with Zephyr Theatre to allow it to use the City’s parking lot on the north side of the building. In April 2020, the City terminated the lease with the required one-year notice. The Manitou Fund has now purchased the property and is leasing it to River Grove School (K-6). The City approved an Interim Use Permit (IUP) for the use of the property as a school, as well as for the Zephyr Theatre for performances, for up to two years (through July 31, 2025). One of the conditions of approval was for a bus drop off/pick up zone located in the north parking lot, as it was determined to be the safest place to avoid the intersection of parent drop-off and bus drop-off zones. This north parking lot is the same City parking lot previously leased by the Zephyr, therefore, a new lease agreement is required. The parking lot is in poor shape. It was proposed that the lease payment would be the requirement that the Manitou Fund improve the parking lot to the City’s specifications. The anticipated cost of the improvements is approximately $100,000. Due to the investment in the improvement, the (Stillwater ~~ The Birthplace of Minnesota ) City Council Meeting July 5, 2023 Page 2 of 5 Manitou Fund has requested a semi-exclusive lease for 15 years (about $6,600/year). The school will need exclusive use of the parking lot for its bus loading zone during the day for the school year. Manitou Fund also anticipates the Zephyr Theatre will need exclusive use for shows and events on nights and weekends. The City needs to have access for public parking for events and weekends in the summer. To that end, Manitou Fund incorporated specific dates/events when the north parking lot can be used by the general public on a first- come first-served basis. Ms. Land requested the Council review the proposed lease. Mayor Kozlowski pointed out the school is only going to be there a few years. He is not in favor of a 15-year lease, and feels that $6,000 a year is far too low; the $100,000 to improve it does not come close to fair price for them to use it for 15 years. The priority for that lot and the undeveloped lot to the north is providing parking for Lumberjack Landing park when developed. Councilmember Junker stated he would recommend accommodating the school for the next two to four years, but not a 15-year agreement. Additionally, the limited amount of access for public parking as proposed by Manitou Fund is way too restrictive. Sarah Zach, Dorsey & Whitney LLP, representing the Manitou Fund, acknowledged the Council’s concern about the proposed term of the lease. She shared her client’s need to correlate the lease term to the amount of their investment. She also asked the City’s willingness to provide good policing and cleanup of the lot after public events. Public Works Director Sanders replied the City will provide the same level of maintenance as in other public lots. Councilmember Junker brought up the eight car show events that have exclusive use of the parking lot on Wednesday nights. For the last couple years the lot has remained open till 3 p.m. At 2 or 2:30 p.m. when school buses come back, there may be cars in the lot which could impede the bus traffic. Ms. Zach replied the primary concern is making sure the school can comply with the IUP, get buses in and out, and the safety of the children. She will discuss the Council’s issues and concerns with the Manitou Fund. Strategic Plan City Administrator Kohlmann presented a draft of the 2023 Strategic Plan. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to accept the Strategic Plan. All in favor. Veterans Memorial Snow Removal Mr. Kohlmann stated that the Stillwater Veterans Memorial is asking to transfer snowplowing maintenance of the Riverview lot back to the City. Cub agrees and would like snowplowing to be done by the City. He added that Public Works Director Sanders has stated that the City could take this on, however shoveling of the sidewalks, specifically the walkway to the Cub offices, may be an issue. Lease language should be updated. City Attorney Land agreed to revise the lease language for further review by the Council. City Council Meeting July 5, 2023 Page 3 of 5 STAFF REPORTS Public Works Director Sanders reported that the Chestnut Plaza project will resume July 16 and there will be a public informational meeting July 10. The Mayor and Council thanked the Public Works Department for their hard work on the 4th of July celebration. Police Chief Mueller stated the 4th of July celebration was a success. Fire Chief Glaser stated June was a busy month for fires; the department is preparing for upcoming events. Finance Director Provos stated she will attend an information session by DEED on the $6 million legislative appropriation. Community Development Director Gladhill gave development updates. He reported that Short Term Home Rental permits are almost at capacity; the Code Enforcement Technician is a benefit to the department; a glitch in the parking payment system is being fixed. City Attorney Land stated City Code revisions should be ready for a public hearing in September or October. City Administrator Kohlmann advised the Council of upcoming meetings and the budget workshop. Library Director Troendle highlighted an art gallery reception and upcoming events. RECESS Mayor Kozlowski recessed the meeting at 6:05 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht Absent: Councilmember Polehna Staff present: City Administrator Kohlmann City Attorney Land Administrative Assistant Schmid Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. City Council Meeting July 5, 2023 Page 4 of 5 RECOGNITIONS OR PRESENTATIONS Proclamation – Retirement Sandra Vetsch – Resolution Mayor Kozlowski read a resolution commending Sandra Vetsch for her 23 years of service to the City as Police Patrol Officer and School Liaison Officer. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2023‐091, Retirement - Sandra Vetsch. OPEN FORUM Tianna Nelson, owner of Tossed, 224 Chestnut St E, explained how construction will be a burden to downtown shop owners, and asked Council to consider ways to assist businesses. Melanie, Terra Springs resident, gave numbers from the City indicating that the majority of residents were not notified about the River Grove School propos al to use the Zephyr Theatre building. She asked for a change in the notification process to consider such complexes as one unit, and Mayor Kozlowski stated that staff will be asked to do that going forward. CONSENT AGENDA June 20, 2023 Regular Meeting Minutes Payment of Bills Crack Sealing Project – Gopher State Sealcoat Downtown Parking Pay Zone Amendment Gate Valve Repair - Variance for Workhours – Resolution 2023‐092 Haunted History Trolley Tours Event Lift Bridge Rhythm Fest & Amendment to Liquor License – Resolution 2023‐093 Minnesota DNR Grant for Emerald Ash Borer Management Pressure Washer Purchase Request Short-Term Home Rental License Application St. Croix Valley Recreation Center and Lily Lake Arena Facility Usage Rates – Resolution 2023‐094 Stop Signs Proposed at Rice Street & Greeley St N Intersection – Resolution 2023‐095 Summit Fire Protection to Replace Ramp Equipment Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Amending City Charter Article III section 3.01 Elective Officers, Article IV section 4.06 Elections, Article V section 5.05 Council meeting records, and Article V section 5.06 Holding other offices City Attorney Land explained the first reading was not properly noticed and is being redone. The ordinance defines ward boundaries. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to hold first reading of an Ordinance Amending the City Charter. All in favor. City Council Meeting July 5, 2023 Page 5 of 5 UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS Mayor Kozlowski stated that at the last meeting in closed session, the Council conducted a positive performance evaluation of the City Administrator. League of Minnesota Cities Update Councilmember Odebrecht updated the Council on strategies to reduce the impact of excessive use of road salt; leveraging community engagement; state and federal grant opportunities; removal of lead service lines; and impacts of cybercrime on cities. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:26 p.m. Ted Kozlowski, Mayor ATTEST: Joseph Kohlmann, Acting City Clerk Resolution 2023‐091, Retirement Sandra Vetsch Resolution 2023‐092, Resolution Approving Additional Workhours for the Manning/TH 36 Interchange Project Resolution 2023‐093, Resolution Approving Amendment to Liquor License for Temporary Outdoor Premise Extension Resolution 2023‐094, Resolution Amending Resolution 2022-172 Adopting 2023 Fee Schedule Resolution 2023‐095, Approving Stop Signs for Eastbound and Westbound Rice Street at Greeley Street DATE: July 18, 2023 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $1,940,900.52 has been sent to the Mayor and City Council Members to approve for payment.   DATE: July 13, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Downtown Holiday Lights Agreements BACKGROUND In 2020, each building owner signed an Indemnification/Release agreement to allow the winter Holiday lights to be placed along the top of their building. The agreement was for three years and expired this past May. The City has obtained a majority of the agreements and Council approved them last month. Attached are two more agreements that have been received. Staff will continue to encourage the remaining property owners to renew their agreement. RECOMMENDATION Staff recommends renewing the attached Downtown Holiday Lights Agreements for May 1, 2023 to May 1, 2026. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve the Historic Downtown Stillwater Holiday Lights Agreements for 2023-2026. Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillvvater Holiday Lighting Agreement ("Agreement") is entered into on J "'--" < , 2023 by and between the City of Sti II water ("City") and br .... ,,}....._ · ~ ~'2 J. for exterior holiday lights to be located on the building at lotrJ t/' F RECITALS: this I.!, day of LL( ("Owner") ("Property"). I . City desires to install, maintain, repair, and remove holidcJy lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property . 2. Owner agrees that the City can install the lloliday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: I. Term: This Agreement shal I commence on May I, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Prope1ty. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights . ( c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and tum off at 12:00 am. (d) Owner is the Property ree Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Re s ponsible for Holid ay Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. 3. Covenants and Agrecmen1s ofthe City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiduy Lighls. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By : ________________ _ Ted Kozlowski, Mayor By: _______________ _ Beth Wolf, City Clerk Historic Downtown Stillwater Holiday Lights Agreement , M This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement' is entered into on this a_ day o f (-S-(..?11 e_ , 2023 by and between the City of Stillwater ("City") and '/We~ "IA. L ("Owner") for exterior holiday lights to be located on the building at C']cQ / [f}a ff} ~ ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: l. Term: This Agreement shall commence on May I, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Proiect: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and lnspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will tum on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Util ity osts: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. 3. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) C ity Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By: _______________ _ Ted Kozlowski, Mayor By: _______________ _ Beth Wolf, City Clerk :::Z?..-~-- (signature) Its: (VIMry:~ jj (~~, (title) DATE: July 13, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of Individual Massage Therapist Licenses BACKGROUND Three applicants working for Just for Me Spa have completed submitting their items for an Individual Massage Therapist License and are ready for approval. RECOMMENDATION Staff recommends approval of the massage therapists listed in attached resolution. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to adopt Resolution 2023-__ Approving Issuance of New Individual Massage Therapist Licenses to those listed on resolution. City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING ISSUANCE OF NEW INDIVIDUAL MASSAGE THERAPIST LICENSES WHEREAS, a request from the following message therapists have been received for the issuance of an Individual Massage Therapist License; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of Individual Massage Therapist Licenses to the following conditioned upon approval from the Police Department and City Clerk’s Office. Business Location Massage Therapist(s) Just for Me Spa Inc. business license approved 4/18/23 110 Greeley St S Shannon Cass Michelle Hughes Grace Kenney Adopted by the Stillwater City Council this 18th day of July, 2023. CITY OF STILLWATER _________________________ Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: July 18, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Agreement for Contract Services with Johnson Junk for Abatement Services BACKGROUND The City has a current contract with a local vendor to abate Long Grass Complaints. However, the City is in need of a vendor to abate other public nuisance violations such as property cleanup. Within that aspect of abatement, items with no value may be disposed via solid waste management while items of value must be stored for a specified period of time to allow for owner retrieval before they are considered abandoned and may be disposed of. Johnson Junk has agreed to provide services for junk disposal via solid waste, but is unable to perform hauling and storage. Staff continues to search for vendors willing to perform this hauling and storage portion of our abatement program. Below is a summary of necessary abatement services and current contract status. Abatement Type Vendor Long Grass Sidewalk Snow Removal Valdes Lawn Care and Snow Removal Junk Disposal (no value) Johnson Junk (pending) Current Request Nuisance Property of Value Hauling and Storage TBD Future Discussion RECOMMENDATION Staff recommends approving the agreement with Johnson Junk. ACTION REQUESTED Motion to approve the agreement with Johnson Junk. AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement ') is made and executed th is r"'day of , \u \ i , 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, M inn ota 55082, ("City") and Johnson Junk Removal LLC, 13013 112th Street North, Stillwater, Minnesota 55082 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined as follows: 1. Contractor agrees to provide nuisance abatement services at the direction of the City and in accordance with the requirements articulated under Stillwater City Code, Chapter 38 and any other applicable state or local rules and regulations. n. Such services may include, by are not limited to, the Consultant's removal and disposal of machinery, implements, equipment, building materials, personal property, rubbish, junk, refuse, debris or matter of any kind or form not cared for, discarded or abandoned on property located in the City. b. Except in the case of an emergency abatement, the City shall provide Consultant with at least five (5) days advanced written notice of the date, time, and location of a nuisance abatement project. If Consultant is unable to perform the nuisance abatement project after receiving notice from the City, Consultant shall inform the City immediately. c. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth herein, subject to Section 8 of this Agreement. d. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for the safety of all persons and property at the job site during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained any permits from all applicable agencies and governmental entities that may be required to perform the Services. 2. PAYMENT. a. City agrees to pay and the Contractor agrees to receive and accept payment for the Services as set forth in Exhibit A. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to the City. 3. TERM. The term of this Agreement shall commence on the date written in the initial paragraph of this Agreement and shall continue for one (1) year from the date of commencement. This Agreement may be extended upon the written mutual consent of the parties for such additional periods as they deem appropriate, and upon the same terms and conditions as stated herein. 4. TERMINATION AND REMEDIES. a. T erminat ion for Convenience. This Agreement may be terminated by either party upon thirty (30) days' written notice delivered to the other party at the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses incurred through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen ( 15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedi es . Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. 2 d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City pursuant to this Agreement not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. INSPECTION OF WORK. Intentionally omitted 8. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions, floods, earthquakes, fire, epidemics, pandemics, war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage, judicial restraint, and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 9. CITY'S REPRESENTATI VE . The City has designated Tim Gladhill to act as the City's representative with respect to the Services to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 10. PROJECT MANAGER AND STAFFING. The Contractor has designated Chase Johnson to be the primary contact for the City in the performance of the Services. He shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace the designated staff without the approval of the City. 3 11. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 12. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $1,500,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended. b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Contractor's Commercial General Liability Insurance policy. 13. NOTICES. Notices shall be communicated to the following addresses: Ifto City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Joe Kohlmann Or e-mailed: jkohlmann@ci.stillwater.mn.us Ifto Contractor: Johnson Junk Removal LLC 13013 112th Street North Stillwater, MN 55082 Attention: Chase Johnson 4 Or emailed: info@j ohnsonj unkremoval.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement 1s not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 5 CITY OF STILLWATER By: ___________ _ Ted Kozlowski, Mayor By: ____________ _ Beth Wolf, City Clerk Date : ____________ _ 6 NK REMOVAL LLC Signature :____,,,.,.,,,_=...--=----=---------"H--\-~.,___ __ Date: ) -l -2 Name: ~ kl,(. ~f' uUl"' i;-0" Its : ------------ 7 The compensation paid to the Contractor for providing Services to the City under this Agreement will be based on the load size of the trash, junk, debris and other materials collected per project and an hourly rate for any Services provided exceeding one (1) hour. The following price list shall constitute the total cost owed based on load size of the materials collected, including any necessary dumping fees, for two (2) of the Contractor's employees providing one (1) hour of Services: Load Size Total Cost ½ $235.00 ¼ $260.00 ¼ $310.00 ¼ $390.00 % $425.00 ½ $495.00 ½ $540.00 2/2 $600.00 ¾ $655.00 5/4 $675.00 ½ $720.00 Full $745.00 In addition to the total costs outlined in the table above, the City shall pay Contractor $150.00 per hour for any Services provided by Contractor that exceeds one (1) hour in length or for any demolition work that may be requested by the City on a specific project. Contractor shall provide the City with an estimate of the hours needed to complete a nuisance abatement project prior to the initiation of work on the project. In addition to the load size and hourly rates, the following items shall incur an additional recycling fee per item collected, to be paid by the City: 1. Mattress/Box Spring: $40.00. 2. Refrigerator/Freezer: $60.00. 3. TV/Tube Monitor: $40.00. 4. Tire: $20.00. 5. Concrete: Full load size charge per½ load. If Consultant is required to store property from a nuisance abatement project that has been deemed to have value or is otherwise salvageable, Consultant shall provide suitable storage of such property and shall bill the City for the cost of the transportation and storage of such property. Contractor shall provide the City with detailed documentation of the load size and number of hours worked per project that must be submitted along with the bill provided to the City under Section 2 of the Agreement. 8 DATE: July 18, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: St. Mary’s Church – German Fest and Wild Rice Festival BACKGROUND St. Mary’s Church has submitted an event application for their annual German Fest on Friday, September 8th and their Wild Rice Festival on Sunday, September,10th. This is coming before City Council due to their temporary liquor license application and road closure of 5th Street from Pine to Oak Street on Friday 5pm-10pm and Sunday 11am-4pm. The Church will notify surrounding neighbors. The event organizer will be charged the event fees according to the most current Fee Schedule. RECOMMENDATION Staff recommends approval of the event application and temporary liquor license. ACTION REQUIRED: If Council accepts the staff recommendation, they should pass a motion approving the events and temporary liquor license.   DATE: May 22, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Stillwater Sunrise Rotary Club Temporary Liquor License BACKGROUND The Stillwater Sunrise Rotary Club applied for a Temporary On-Sale Liquor License to be used during the Bridge the Valley Bike Rally event in Lowell Park on August 13, 2023. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On-Sale Liquor License to Stillwater Sunrise Rotary Club for August 13, 2023 contingent upon AGED approval. DATE: July 18, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Chestnut Street Right of Way Use during Chestnut Street Plaza Project BACKGROUND The City was approached by Tianna Nelson of Tossed, a new restaurant at 224 Chestnut Street E regarding the potential use of parking stalls on Chestnut Street (west of Main Street) while closed for final completion of the Chestnut Street Plaza for outdoor sales. Essentially, this could be similar to how the space was used during COVID restrictions, but on a more limited basis only (parking stalls only, not entire roadway). Blue Line = Chestnut Street ROW Red Line = Limits of Encroachment Staff has prepared a potential action that would allow temporary installations on Friday, Saturday and Sunday only between the hours of 8:00 a.m. and 8:00 p.m. to ensure these do not become more permanent fixtures and do not conflict with weekday construction activities (and other delivery needs in Chestnut Street). Due to liquor licensing and the need for more permanent seating installations, Staff would not illwater recommend extending this opportunity to local restaurants, given the limited timeframe (6-8 weeks). Staff would recommend the standard parking stall reservation fee ($9/day/stall) as an appropriate fee for use of these public spaces, given its temporary nature. Any business adjacent to these stalls could extend their storefront (while keeping sidewalk unobstructed). Items could include additional signage, racks, temporary tables/chairs, etc. The intent is to draw additional visibility to offset obstructions from construction activity, fencing, and signage, etc. In anticipation of future and additional requests, Staff did also reach out to MnDOT about the potential of the same on Main Street (Trunk Highway 95). Unfortunately, State Statutes will not allow the same use in this location. ACTION REQUESTED Based on discussion. City of Stillwater Washington County, Minnesota RESOLUTION 2023- A RESOLUTION AUTHORIZING CERTAIN RETAIL BUSINESSES TO RENT ON-STREET PARKING SPACES ON CHESTNUT STREET DURING CONSTRUCTION WHEREAS, certain retail businesses have requested to use on-street parking spaces for retail business purposes, such as signage and merchandise, but not for eating, while the intersection of Chestnut Street and Main Street is closed for construction; and WHEREAS, the on-street parking spaces are in the right of way; and WHEREAS, the City allows obstructions in the right of way through an obstruction permit; and WHEREAS, the City charges a rental fee in the Downtown Parking District for parking spaces at $9/day/space; and WHEREAS, solely because of the interference of the construction at the intersection, which will disturb and displace the regular traffic in this block, the City is willing to authorize an obstruction permit to those retail businesses who apply for an obstruction permit, at the rental rate in the City’s Fee Schedule. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize the use of a portion of Chestnut Street as further identified herein, for purposes and uses as follows: 1.Only retail businesses on Chestnut, west of Main that are located in the block identified on Exhibit A, shall be allowed to apply for an obstruction permit from the City for the designated on-street parking stalls, depicted on Exhibit A. 2.The City shall charge the parking rental fee of $9 per day per space for each business that applies. 3.The use of the on-street parking spaces shall be limited to Friday, Saturday and Sunday from 8:00 a.m. to 8:00 p.m., beginning on the date of adoption, through September 31, 2023, or upon the reopening Chestnut Street as it relates to the construction of the Chestnut Street Plaza Project, whichever comes first, at which time, such permission for this use shall terminate. 4.All items placed in the location must be retail-oriented, not food or drink related, must be movable, and no permanent structures shall be allowed. 5.The City reserves the right to revoke the permit or remove the items in the on-street parking spaces to protect the public health, safety and welfare of if needed to be removed as part of the intersection construction project. Adopted by the Stillwater City Council this 18th day of July, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk REVISED City of Stillwater Washington County, Minnesota RESOLUTION 2023- A RESOLUTION AUTHORIZING CERTAIN RETAIL BUSINESSES TO RENT ON- STREET PARKING SPACES ON CHESTNUT STREET DURING CONSTRUCTION WHEREAS, certain retail businesses have requested to use on-street parking spaces for retail business purposes, such as signage and merchandise, but not for eating, while the intersection of Chestnut Street and Main Street is closed for construction; and WHEREAS, the on-street parking spaces are in the right of way; and WHEREAS, the City allows obstructions in the right of way through an obstruction permit; and WHEREAS , the City charges a rental fee in the Downtown Parking District for parking spaces at $9/day/space; and WHEREAS, solely because of the interference of the construction at the intersection, which will disturb and displace the regular traffic in this block, the City is willing to authorize an obstruction permit to those retail businesses who apply for an obstruction permit, at the rental rate in the City’s Fee Schedule. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize as follows: 1. Only retail businesses on Chestnut, west of Main that are located in the block identified on Exhibit A, shall be allowed to apply for an obstruction permit from the City for the designated on-street parking stalls, also depicted on Exhibit A. 2. The City shall charge the parking rental fee of $9 per day per space for each business that applies. 3. The use of the on-street parking spaces shall be limited to Friday, Saturday and Sunday from 8:00 a.m. to 8:00 p.m., beginning on the date of adoption, through September 31, 2023, or upon reopening Chestnut Street related to the construction of the Chestnut Street Plaza Project, whichever comes first, at which time, such permission for this use shall terminate. 4. All items placed in the location must be retail-oriented, not food or drink related, must be movable, and no permanent structures shall be allowed. 5. The City reserves the right to revoke the permit or remove the items in the on - street parking spaces to protect the public health, safety and welfare of if needed to be removed as part of the intersection construction project. Adopted by the Stillwater City Council this day of , 2023. 2 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A Map of Encroachment Area Blue Line = Chestnut Street Right of Way Red Line = Encroachment Area DATE: July 18, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Feasibility Study for 2024 Street Improvement Project (Project No. 2024- 02) BACKGROUND Engineering staff would like to proceed with the 2024 Street Improvement Project. Authorization of a feasibility study is the first step in the process. It is proposed that the streets shown on the attached map shall be considered for the 2024 Street Improvement Project. The feasibility study will analyze pavement conditions, subsurface soils, curb needs, storm sewer needs, sidewalk considerations, and utility needs. RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for street, water main, sidewalk, sanitary, and storm sewer and improvements for the 2024 Street Improvement Project. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution 2023-___, RESOLUTION ORDERING PREPARATION OF REPORT FOR 2024 STREET IMPROVEMENTS (Project 2024-02). City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2024 STREET IMPROVEMENT PROJECT PROJECT 2024-02 BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 18th day of July 2023. ________________________________ Ted Kozlowski, Mayor ATTEST: ____________________________ Beth Wolf, City Clerk LEGEND PROPOSED MILL AND OVERLAY PROPOSED RECONSTRUCT 2024 STREET IMPROVEMENT PROJECT PROPOSED PROJECT AREAS TIMBER WAY -iltwater =----: THE IIIITH,LACE IF MINNESITA -   DATE: July 18, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Adult Use Cannabis Regulations – Moratorium and Prohibition on Public Property BACKGROUND The City enacted CBD regulations for licensing and zoning in 2022, which authorized up to 3 retail establishments to sell CBD products (now identified as “low potency cannabis”). The city issued all three licenses (2 tobacco shops in the Business Park and the CBD House in the Downtown Business District) and there are no licenses available at this time. In 2023, the legislature enacted a law legalizing Adult Use Cannabis, which includes the regulations of CBD products. However, the Office of Cannabis Management, which will be the regulatory agency responsible for licensing all cannabis, will not be ready to issue any licenses for these businesses until approximately January 2025. That means that the City’s regulations are still active and enforceable. However, there is much confusion in the public about what can and can’t be manufactured, grown, purchased, possessed, sold, and used right now due to the numerous “effective dates” in the legislation. In order to pause the expansion of any CBD products or other the mistaken belief that Adult Use Cannabis products can be purchased or sold right now, we recommend adopting an interim ordinance temporarily prohibiting the establishment of new cannabis uses as well as the expansion of existing ones. The current CBD-licensed businesses may continue to operate, but they may not expand. And they would not be allowed to sell any product over the low potency dose of .3% THC that is in the existing ordinance. In addition, while the new law authorizes the use of Adult Use Cannabis by those over 21 years of age – at this time, it is only allowed on private property with the permission of the owner. To emphasize that it is not allowed on public property, the law authorizes cities to enforce violations of use on public property by making it a petty misdemeanor. We are recommending that the Council consider this additional ordinance, which makes use of Adult-Use Cannabis on public property a petty misdemeanor. If approved for First Reading, we will schedule a public hearing on August 2 for the Final Reading of the Interim Ordinance. The Prohibition on Public Use ordinance does not require a public hearing, but the Second Reading will be scheduled at the same time. ACTION REQUESTED Approve the First Reading of the Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses related to Cannabis Businesses AND the Ordinance Prohibiting Cannabis Use Within Public Property and Public Places City of Stillwater Washington County, Minnesota ORDINANCE NO. ___________ AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TO CANNABIS BUSINESSES The City Council of Stillwater does ordain: WHEREAS, during the 2023 legislative session, the Minnesota Legislature passed a package of laws, Chapter 63—H.F.No.100 of the Minnesota 2023 Regular Session, that legalize adult-use cannabis in Minnesota and establish a regulatory framework for the cannabis industry (collectively “2023 Cannabis Laws”); and WHEREAS, as a part of the 2023 Cannabis Laws, the Office of Cannabis Management (“OCM”) was created with responsibilities that include issuing licenses for cannabis businesses and drafting and approving the related rules and procedures; and WHEREAS, Minn. Stat. § 342.10, part of the 2023 Cannabis Laws, lists 16 different types of cannabis business licenses, including licenses for the growing, manufacturing, selling, testing, transporting of cannabis and cannabis events (“Cannabis Business Licenses”); and WHEREAS, OCM will not be prepared to issue Cannabis Business Licenses until approximately January 2025 and many details related to the Cannabis Business Licenses are yet to be determined; and WHEREAS, the OCM has also been tasked with developing model ordinances for local governments for reasonable restrictions on time, place and manner of the operation of a cannabis business, the forms and procedures for the retail registration required by local governments, and the model policies and procedures for cannabis business compliance checks; it is unclear when those documents can be expected; and WHEREAS, the 2023 Cannabis Laws includes a provision, Minn. Stat. § 342.13(e), that authorizes the City to adopt an interim ordinance to regulate, restrict, or prohibit the operation of a cannabis business within the City until January 1, 2025, for the purpose of conducting studies or holding a hearing to consider adoption of reasonable restrictions on the time, place and manner of the operation of a cannabis business to protect the planning process and the health, safety and welfare of its citizens; and WHEREAS, the City Council held a public hearing on the proposed interim ordinance on August 2, 2023; and WHEREAS, the Stillwater City Council has determined that an interim ordinance to prohibit the operation of a cannabis business is necessary and appropriate to give City Staff the time to study reasonable restrictions on the time, place and manner of the operation of cannabis retail businesses to protect the planning process and the health, safety and welfare of its citizens. NOW, THEREFORE, pursuant to Minnesota Statutes § 342.13(e): The City Council of the City of Stillwater does ordain: SECTION 1. NEW CANNABIS BUSINESSES PROHIBITED. No business, person or entity may open and operate a new cannabis business that would require a Cannabis Business License under the 2023 Cannabis Laws until January 1, 2025, or until ordinances regulating all such uses become effective, or until the Council rescinds this Interim Ordinance, whichever occurs first. SECTION 2. EXISTING CBD BUSINESSES. Businesses, persons or entities that have an existing CBD license from the City pursuant to City Code Section 41-10 are authorized to continue to sell CBD products, as defined therein, but shall not expand such business or sales until this Interim Ordinance expires or terminates pursuant to Section 1. SECTION 3. CONDUCT STUDY AND MAKE RECOMMENDATION. City Staff is directed to conduct a study to gather information, analyze the model ordinances and policies from the OCM when they become available, and make a recommendation to the Council regarding reasonable restrictions on the time, place and manner of the operation of cannabis retail businesses. SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City will be undergoing a study regarding cannabis businesses to determine if regulations are appropriate. No business, person or entity may open and operate a new cannabis business or expand an existing cannabis or CBD business that would require a Cannabis Business License under the 2023 Cannabis Laws until the City adopts regulations regarding these uses, or determines no regulations are necessary and rescinds the interim ordinance or until January 1, 2025, whichever occurs first. SECTION 5. EFFECTIVE DATE AND EXPIRATION DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law and shall expire upon adoption of ordinances regulating such uses, until the Council rescinds or terminates the Interim Ordinance or January 1, 2025, whichever occurs first. Adopted by the City Council of the City of Stillwater this ___ day of ____ , 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. ________ AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ENACTING STILLWATER CITY CODE CHAPTER 52-23, PROHIBITING CANNABIS USE WITHIN PUBLIC PROPERTY AND PUBLIC PLACES The City Council of Stillwater does ordain: SECTION 1 ENACTMENT. Stillwater City Code Chapter 52-23 is hereby enacted as followed: 52-23 – CANNABIS USE WITHIN PUBLIC PROPERTY AND PUBLIC PLACES Subd. 1. Definitions Public place means property that is generally open to or accessible by the public, except on those premises licensed by the State of Minnesota to permit on-site consumption. Public property means property, real and personal, that is owned, managed, or controlled by the City, including, but not limited to: City buildings and all the land thereon, parking lots, parks, golf courses, pathways and trails, and city rights-of-way consisting of both the traveled portion and the abutting boulevard, sidewalks and trails, and any City personal property, such as motor vehicles, city equipment, and the like. Cannabis flower, cannabis products, lower-potency hemp edibles, and hemp derived consumer products shall have the meanings as defined in Minn. Stat. §342.01 (enacted under Minnesota Laws 2023). Subd. 2. Prohibition. No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products within public property or in a public place. Subd. 3. Penalty. A violation of this Section is a petty misdemeanor. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City is prohibiting the use of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products within public property or in a public space. A violation of this Section is a petty misdemeanor. SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this __ day of ____ , 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Sec. Mayor RESOLUTION 2023‐096 STILLWATER HUMAN RIGHTS AWARD GIVEN TO WILL ANTELL Whereas, the Stillwater Human Rights Commission requested nominations for the 2023 Stillwater Human Rights Award; and Whereas, Will Antell was nominated for the creativity of his ideas and his enduring leadership in advancing education and self-determination opportunities for Native Americans; and Whereas, Education is key to achieving all other human rights. It gives dignity to individuals and affirmation of their self-worth, reduces poverty, decreases social inequalities, and empowers marginalized people; and Whereas, Mr. Antell’s objectives were (1) to provide educational experiences for all Native American children so that they would develop pride and dignity in their ancestry and lead productive and meaningful lives; (2) to help Native American parents in developing their career skills; and (3) to give school personnel training so they would be more sensitive to the needs of Native American youth.; and Whereas, Mr. Antell’s efforts and impact during his tenure as a Presidential appointee on the National Advisory Council on Indian Education and throughout his life, are far-reaching and ongoing. He enabled the creation of a unique Native American constituency in school districts and government, as evidenced by Minnesota Lieutenant Governor Peggy Flanagan, U.S. Secretary of the Interior Deb Haaland, and ten U.S. Congresspeople representing Native Americans, Native Alaskans, and Hawaiian Natives; and Whereas, Will and Mary Lou Antell endowed the Bernice Lena Fairbanks Antell American Indian Scholarship at Bemidji State University so that future Native American students would have the opportunity to earn a college degree.; and Whereas, Mr. Antell was a motivating role model for many Stillwater students and athletes. Now Therefore, Be It Resolved, by the City Council of the City of Stillwater, Minnesota, the 2023 Human Rights Award is presented to Will Antell in appreciation of his outstanding leadership and dedication to human rights, and is hereby commended for those efforts. Adopted by the City Council this 18th day of July, 2023. illwater ~ .... -~~ The Birthp lace of Minnesota ) ''"'""'''' ,, \ --~ ~ , ~ ,, ,., ~ ,,,, ,,, ''"'"""''' Stillwater Human Rights Commission Harmony• Dignity• Respect Date of Recognition:  July 18, 2023    S        On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Jesse Pereboom for his contributions, dedication, professionalism, outstanding performance, and distinguished service to the City and its citizens for 8 ½ years, and wishes him well in the future, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor   STILLWATER CITY COUNCIL SERVICE AWARD Lt ] cS~illvYater ---=~ ~ ........ THE B I R T H PL A Ct O f M I NN ES O T A ) Ramsey/Washington County Metro Solid Waste Policy Plan Community Presentation Public Meeting Date: Thursday, July 27, 2023 4 - 5:30 p.m. Location: Sun Ray Library 3M Community Room 2105 Wilson Ave St. Paul, MN 55119 Did you know the Twin Cities metro is bulging with trash? The seven-county metro generated 3.3 million tons of waste in 2021. This number is expected to grow 19% by 2042. In 2021, the metro’s recycling rate dropped to 45%, a 4% reduction from the previous year, and short of the state’s goal of achieving a 75% recycling rate by 2030. The Minnesota Pollution Control Agency is inviting residents of Ramsey and Washington Counties to learn about our 70 recommendations for reducing waste across the Twin Cities. Join us on Thursday, July 27, from 4-5:30 pm at the Sun Ray Library in St. Paul to learn more about our draft Metropolitan Solid Waste Policy Plan 2022 – 2042, ask questions, and share your feedback with our experts. Policy Plan available online here: https://www.pca.state.mn.us/twin-cities-is- bulging-with-trash FYI m il MINNESOTA POLLUTION CONTROL AGENCY BOARD AGENDA Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 July 11, 2023 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 1.9:00 Roll Call Pledge of Allegiance 2.9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3.9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A.Approval of the June 13, 2023, and June 20, 2023, County Board meeting minutes. B.Approval to appoint Lisa Behr, Oakdale, to the Community Corrections Advisory Board as a District 2 Representative, to a partial term expiring December 31, 2025. C.Adopt a resolution to approve the Community Development Block Grant (CDBG) Cooperation Agreement between Washington County and Marine on St. Croix, and authorize the County Board Chair and County Administrator to sign the Cooperation Agreement Amendments. D.Approve Amendment No. 4 for Contract No. 13658 with GSI Inc for application support, enhancement and upgrades for the county's E1 financial management system. E.Adopt a resolution to approve an application for an Exempt Permit of Minnesota Lawful Gambling received from Carpenter St. Croix Valley Nature Center to conduct a raffle at Carpenter St. Croix Valley Nature Center, 12805 St. Croix Trail South, located in Denmark Township, on September 10, 2023. F.Approve Cooperative Agreement No. 15623 with the South Washington Watershed District for stewardship activities within and outside of the overflow conveyance system in Cottage Grove Ravine Regional Park. G.Approve Novation Agreement between Washington County, Midwest Mechanical Solutions, and Johnson Controls, Inc. H.Approve Purchase Order No. 26741 with Traffic Control Corporation in the amount of $303,750.00 for the procurement of TS2 Type 1 traffic signal controller cabinets for the METRO Gold Line Bus Rapid Transit project. 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 1. 9:00 2. 9:00 Roll Call 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 exceeds the allowable time limit, 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 to appoint Beth Leindecker, Woodbury, as a District 5 representative on the Community Development Block Grant Citizen Advisory Committee to a partial term expiring December 31, 2023. B.Approve a Memorandum of Understanding with the Washington County Community Development Agency and Shelter Corporation for the period of July 1, 2023, through June 30, 2028. C.Approve a Cooperative Agreement with the Washington County Community Development Agency for the period of July 1, 2023, through June 30, 2025 for MHFA Bridges Program. D.Approve Contract No. 15690 with Thomson Reuters in the amount of $309,696 for the period of August 1, 2023, through July 31, 2028. BOARD AGENDA July 18, 2023 - 9:00 AM 4. 9:10 Public Health and Environment - David Brummel, Director A. Approve Amendment No. 3 to Joint Powers Agreement No. 9890 with Ramsey/Washington Recycling & Energy Board. General Administration - Kevin Corbid, County Administrator A. Adopt a resolution accepting the 2023 2nd quarter donations. 5. 9:20 6. 9:30 7. 9:45 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 Adjourn8. 9:45 3. 9:10 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 Board Workshop with Public Works A.Presentation of the Middle St. Croix Valley Regional Trail Master Plan Legislative Workshop - Public Works A.Legislative Workshop - Public Works 9. 9:50 10. 10:30 11. 11:30 12. 12:15 13. 12:30 Personnel Committee Break Board Workshop with Administration A. Keystone Woods Wildlife Management Area 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 I.Approve Purchase Order No. 26736 to Traffic Control Corporation in the amount of $207,729.50 for the procurement of peripheral equipment for traffic signal controller cabinets for the METRO Gold Line Bus Rapid Transit project. J.Approve Purchase Order No. 26684 to Traffic Control Corporation in the amount of $263,302.00 for the procurement of video detection equipment for eight traffic signal systems being constructed as part of the METRO Gold Line Bus Rapid Transit project within the City of Woodbury. K.Approve Purchase Order No. 26763 with General Traffic Controls Inc. in the amount of $222,276.00 for the procurement of video detection equipment for seven traffic signal systems being constructed as part of the METRO Gold Line Bus Rapid Transit project within the City of Oakdale. L.Adopt a resolution to donate twenty-four Automatic External Defibrillators (AED) to local agencies. M.Approve Contract No. 15503 with Onsolve, LLC for emergency alerting software. 6. 9:45 Public Works - Joe Welter, Senior Building Services Project Manager A.1. Award bid to Axel H. Ohman, Inc. and authorize execution of Contract No. 15648 in the amount of $950,000 for concrete and masonry on the Northern Household Hazardous Waste and Yard Waste project. 2.Award bid to Nordstrom Architectural Sheet Metal and Roofing, Inc. and authorize execution of Contract No. 15675 in the amount of $279,800 for metal panels on the Northern Household Hazardous Waste and Yard Waste project. 3.Award bid to BL Dalsin Roofing and authorize execution of Contract No. 15658 in the amount of $581,048 for roofing on the Northern Household Hazardous Waste and Yard Waste project. 4.Award bid to DoorCo, Inc. and authorize execution of Contract No. 15655 in the amount of $315,109 for specialty doors and loading dock equipment on the Northern Household Hazardous Waste and Yard Waste project. 4.9:10 5.9:30 Accounting and Finance - Jill Zenzola, Accounting Supervisor A.Adopt a resolution to amend the American Rescue Plan Act 2023 Project Plan. Community Corrections - Terry Thomas, Director A.Adopt a resolution proclaiming July 16-22, 2023, as Pretrial, Probation and Parole Supervision Week. Consent Calendar continued 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 5.Award bid to RTL Construction, Inc. and authorize execution of Contract No. 15649 in the amount of $319,539 for drywall on the Northern Household Hazardous Waste and Yard Waste project. 6. Award bid to Wenzel Plymouth Plumbing, Inc. and authorize execution of Contract No. 15659 in the amount of $1,837,650 for mechanical equipment and installation on the Northern Household Hazardous Waste and Yard Waste project. 7. Award bid to AJ Moore Electric, Inc. and authorize execution of Contract No. 15673 in the amount of $771,400 for electrical equipment and installation on the Northern Household Hazardous Waste and Yard Waste project. 8. Award bid to Kevitt Excavating, LLC and authorize execution of Contract No. 15664 in the amount of $2,573,000 for earthwork on the Northern Household Hazardous Waste and Yard Waste project. 9. Award bid to North Country Concrete, Inc. and authorize execution of Contract No. 15650 in the amount of $427,000 for site concrete on the Northern Household Hazardous Waste and Yard Waste project. 7.10:10 8.10:30 General Administration - Kevin Corbid, County Administrator A. Presentation of 2022 Audit Advisory Committee Report. 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 Legislative Workshop - Health and Human Services, and Public Safety A. Legislative Workshop - Health and Human Services, and Public Safety Public Works continued 9.10:45 10.10:45 11.10:50 Washington ; 2;County