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Home My WebLink About2023-08-15 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING August 15, 2023 SPECIAL MEETING 3:30 P.M. I. CALL TO ORDER II.ROLL CALL III. OTHER BUSINESS 1. 2024 Proposed Budget Workshop IV. RECESS REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI.ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII.RECOGNITIONS OR PRESENTATIONS 2.Proclamation – Stillwater Junior Legion Baseball Team 3.Stillwater Police Department Oath of Duty Presentation – Officer Jerome Carey 4.Washington County Historical Society 2024 Budget Request – Brent Peterson 5. Council Service Awards – Traffic Safety Review Committee Members Jonathan Baller, David Jones, Robert Juen and Melissa Wetzel 6. Certificate of Appreciation – Jason Grode, Parks Superintendent 7. Certificate of Appreciation – Yasmine Robinson, Planning Manager IX.OPEN FORUM – open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. X. STAFF REPORTS 8.Public Works Director 9. Police Chief 10. Fire Chief 11.Finance Director 12.Community Development Director 13.City Clerk 14. City Attorney 15. City Administrator XI.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. 16. August 2, 2023 Workshop and Regular Meeting Minutes 17.Payment of Bills 18.Downtown Parking Additional Credit Card Terminals Purchase Request 19.Downtown Stillwater Holiday Lights Agreements 20.GIS Technician Fulltime Position Request – Resolution 21.HVAC Controls Replacement Project Advertise for Bids – Resolution 22.IT Management Services Agreement 23.Liquor License Amendment for River Siren Brewery – Resolution 24. No Parking on East side of 5 th Street N – Resolution (Stillwater ~ ~j Th e Bir thplace of Min nesota ) No Change to Agenda Page 2 of 2 City Council Meeting Agenda August 15, 2023 25.Payroll/HR Technician Position Request 26.Postage Machine Lease Agreement 27.Rivertown Art Festival Event and Temporary Liquor License 28.Soil Boring Study Agreement for 2024 Street Improvement Project 29.Temporary Liquor License for Stillwater Public Library Foundation 30.Therapeutic Massage Business and Individual Massage Therapist Licenses – Resolution 31.Washington County Community Development Agency Housing Project XII.PUBLIC HEARINGS – None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT lJwr The Birthplace of Minnesota SPECIAL MEETING CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING August 15, 2023 1. 2024 Proposed Budget Workshop IV. RECESS REGULAR MEETING V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE Vill. RECOGNITIONS OR PRESENTATIONS 3:30 P.M. 7:00 P.M. 2. Proclamation - Stillwater Junior Legion Baseball Team 3. Stillwater Police Department Oath of Duty Presentation - Officer Jerome Carey 4. Washington County Historical Society 2024 Budget Request - Brent Peterson 5. Council Service Awards - Traffic Safety Review Committee Members Jonathan Baller, David Jones, Robert Juen and Melissa Wetzel 6. Certificate of Appreciation - Jason Grode, Parks Superintendent 7. Certificate of Appreciation - Yasmine Robinson, Planning Manager IX. OPEN FORUM — open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. X. STAFF REPORTS 8. Public Works Director 9. Police Chief 10. Fire Chief 11. Finance Director 12. Community Development Director 13. City Clerk 14. City Attorney 15. City Administrator XI. 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. 16. August 2, 2023 Workshop and Regular Meeting Minutes 17. Payment of Bills 18. Downtown Parking Additional Credit Card Terminals Purchase Request 19. Downtown Stillwater Holiday Lights Agreements 20. GIS Technician Fulltime Position Request - Resolution 21. HVAC Controls Replacement Project Advertise for Bids - Resolution 22. IT Management Services Agreement 23. Liquor License Amendment for River Siren Brewery - Resolution 24. No Parking on East side of 5th Street N - Resolution 25. Payroll/HR Technician Position Request 26. Postage Machine Lease Agreement 27. Rivertown Art Festival Event and Temporary Liquor License 28. Soil Boring Study Agreement for 2024 Street Improvement Project 29. Temporary Liquor License for Stillwater Public Library Foundation 30. Therapeutic Massage Business and Individual Massage Therapist Licenses — Resolution 31. Washington County Community Development Agency Housing Project — Available Tuesday XII. PUBLIC HEARINGS — None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda August 15, 2023 �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: August 15, 2023 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Sharon Provos, Finance Director SUBJECT: 2024 Budget Proposal Pursuant to Article VII. Section 7.01 of the Stillwater City Charter, I am pleased to present the City Administrator's 2024 Budget Recommendation for the City of Stillwater for your review and consideration. The 2024 Budget Recommendations propose a budget that continues and enhances excellence from city services and programs to meet the needs of the citizens of Stillwater. The City Council has consistently worked through Strategic Planning to address: revenue enhancement; increasing service demand; increasing operational costs; managing infrastructure needs; maximizing economic development opportunities; and planning for changing dynamics in the workforce and community. The recommended total property levy increase for 2024 is 7.95%. Some highlights of the proposed 2024 Budget include: Operational Highlights ■ Five new positions. o Assistant Public Works Director 0 2 Police Officers (one funded through Public Safety Funds) 0 2 Fire Fighters (one funded through Public Safety Funds) ■ Zoning Code Updates ■ Community Development Software Upgrades / Contracted services ■ Leadership Facilitation ■ Increase in Building Repairs budget ■ Economic Development ■ County Managed Elections Capital Improvement Highlights ■ Recreation Center Roof replacement ■ Library Terrace/Inverted Roof Replacement ■ Central Commons/Curve Crest Utility Project ■ Downtown Street Lighting ■ PW Roof Replacement (insurance) ■ Riverfront Parks Development ■ Parking Ramp surface upgrade/repair ■ Myrtle Street Study Closing The City Council will meet on Tuesday, August 151" at 3:30 p.m. for a preliminary review of the City Administrator's 2024 budget recommendations included in the slide deck. The City Council must adopt a preliminary 2024 budget and certify the maximum City property tax levy to the County by September 30, 2023. 2024 Proposed Budget City of Stillwater - August 15, 2023 j]jwater �.. 2024 Budget Pressures • Local Government Aid (LGA) $132,660 Increase/Decrease in • Health Insurance Premiums Operating Expenditures (7% increase) • 1 % of Levy • Staff Wage Adjustments 1 % Increase/Decrease in Fuel /Energy Costs Health Insurance Premium •• $3,450 • Opportunities to Diversify Revenues Special Revenue Funds • Staffing Requests • Capital Requests j]jwater �.. Strategic Budget Elements - 2024 • Reduce reliance on state Local Government Aids (LGA) for operations support — over time move LGA to support capital expenditures • Consider staffing adjustment requests where possible to match service demand for increased city resources • Consider strategic use of certain fund balances to reduce potential levy costs • Utilization of funds for capital projects j]jwater �.. Strategic Plan Alignment of 2024 Proposed Budget Items • Communication / Relationship Building • Team Building • Facilitator for Leadership Team • Staffing / Recruitment / Retention • Assistant Public Works Director • 2 Police Officers • 2 Fire Fighters Strategic Plan Alignment of 2024 Proposed 3r Budget Items (Continued) • Operations • Community Development Customer~ Service • Software Upgrades • Increase in contracted services 11 water. Property Tax Levy Proposed 2024 vs Adopted 2023 $13,265,987 General Operating Tax Levy 202� Proposed $14,897,194 $14,847,295 $1,581,308 11.920% $4,221,060 Debt Service Tax Levy $4,030,058 $4,030,058-$191,002-4.525% : 1 • : •$18,877,353 • f 1 . • 1 $ $40,700 WMO Tax Levy $41,800 $41,800 $1,100 2.703% 11 water. Property Tax Levy Proposed 2024 G.O. Capital Outlay 2014A $476,060 G.O. Capital Outlay 2016A $239,715 CITY-WIDE LEVY A G.O. Capital Outlay 2017A $397,567 General Revenue Tax Levy $14,847,295 G.O. Capital Outlay 2018A $469,578 Required Debt Service Tax Levy $3,006,35 G.O. Capital Outlay 2019A $431,288 New Debt Service Tax Levy G.O. Capital Outlay 2021A $401,625 $1,023,705 G.O. Capital Outlay 2022A $590,520 I Total Debt Service Levy $4,030,058 W M 0 Levy $41,800 2023 Capital Improvement Projects $5,100,000 2024 Capital Improvement Projects $4,500,000 Property Tax Levy Last 5 years and Proposed 2024* 2019 $9,914,425 $3,773,801 $13,688,226 $871,411 1'6.799% 1 2020 $10,587,577 $4,022,126 $14,609,703 $921,477 6.732% 2021 $11,270,799 $3,678,755 $14,949,554 $339,851 2.326% 2022 $12,032,975 $3,890,822 $15,923,797 $974,243 6.517% 2023 $13,265,987 2024* $1,4847,295 $4,221,060 $17,487,047 $1,563,250 $4,030,058 $18,877,353 $1,390,306 Average 9.817% 7.950% 6.690% jllwater � $20,000,000 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 ■ rf� r�, rf�� rp r� o�D ■ Debt Service Tax Levy ■ General Tax Levy City of Stillwater j]jwater �.. New Positions Proposed - 2024 Fire IW Firefighter/Engineer (2) ,f 2.0 $230,060 ff $115,030 0.775% Police I Police Officer (2) 2.0 $288,680 $144,340 0.972% Public Works Assistant Public Works Director 1.0 $179,760 $80,892 0.545% *One Police Officer and One Fire Fighter funded through Public Safety Funds Public Safety Funds State Funds -one time $851)750 ($115,030) — Fire Fighter ($144,340) — Police Officer 50.000 • $542)380 — Police Equipment j]jwater �.. j]jwater �.. Noted Positions Running List • Investigator • CSO 4 Firefighters 2 Fire Fighters • 2 Firefighters Later for 24/7 • P ihlin Works Manager • Communications position • Building Inspector • Facilities Maintenance • IT Position • Administration (undefined) 11 water. Notable Line Items 2024 Operating Budget Mayor/Council Lobbyist $40,000 $40,000 Mayor/Council Economic Development $10,000 $10,000 Elections County Manage Elections $23,000 $23,000 Administration Zoning Code Updates $50,000 $50,000 Administration Leadership Facilitation $20,000 $20,000 Facilities Building Repairs $40,000 $40,000 Comm. Dev. Software $10,000 $10,000 Police Wellness $30,000 $15,000 Inspections Plan Review/Inspection Contracting $100,000 $80,000 Contingency Lumberjack Days = $30,000 $30,000 GENERAL FUND Operating Revenues/Expenditures (211w1 ater T H E B I PTH PLAC E 0 F M I N N E S OTA J General Fund Operating Revenues $10,374,714 Levy 490,000 Franchise Fees 41,900 Other Property Taxes 608,950 Licenses and Permits 1,320,214 Intergovernmental 1,363,554 Charges for Services 49,000 Fines and Forfeits 133,550 Miscellaneous j]jwater �.. :,quested Proposed Variance — Budgef., $11,727,943 $11,718,046 1,343,332 73.69% 490,000 490,000 0 3.08% 41,900 41,900 0 0.26% 665,900 665,900 56,950 0.00% 1,361,591 1,361,591 41,377 4.19% 1,461,994 1,461,994 98,440 8.56% 50,000 50,000 1,000 9.19% 113,050 373,050 239,500 1.31% 515,912,378 $16,162,481 W 1,780,599 $567,214 Local Government Aid (LGA) in General Fund 473,144 LGA for Capital Outlay $1,040,035 Total LGA City of Stillwater j]jwater �.. Local Government Aid (LGA) Received in last 10 years and Certified 2024* $1,200,000 • 2014 $568,591 $1,000,000 2015 $629,046 $800,000 2016 $645,603 2017 $650,846 $600,000 2018 $732,114 2019 $736,496 $400,000 2020 $801,740 $200,000 2021 $827,165 ' 2022 $827,165 $0 2023 $822,214 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024* 2024* $1,040,358 jIIwater General Fund Operating Expenditures $202,074 Mayor & Council $224,101 $224,101 $22,027 $22,510 Elections $44,500 $44,500 $21,990 $633,153 MIS Support Services $684,014 $684,014 $50,861 $563,185 Finance $614,976 $614,976 $51,791 $326,629 Human Resources $334,017 $334,017 $7,388 $710,834 Administration $785,809 $830,809 $119,975 $202,890 Legal/City Attorney $207,925 $202,925 $35 $367,724 Plant/City Hall $415,646 $455,646 $87,922 $635,182 Community Development $657,492 $657,492 $22,310 $4,929,223 Police $5,674,300 $5,659,484 $730,261 $2,483,998 Fire $2,723,648 $2,838,677 $354,679 $522,813 Inspections $624,109 $604,109 $81,296 $19,460 Emergency Management $21,460 $21,460 $2,000 $415,973 Engineering $495,155 $495,155 $79,182 $1,384,338 Street $1,527,949 $1,527,949 $143,611 $961,896 Unallocated $877,277 $907,277 -$54,619 Total OperatinOF g Expenditures=, 11 water. General Fund Total $10,939,976 Personnel Services $706,775 Supplies $2,528,890 Services and Charges $206,241 Miscellaneous 2024 Budget Impacts $11,969,917 $12,090,130 $779,375 $784,375 $2,950,621 $2,985,621 $212,465 $242,465 Operating Expenditures fariance 16,000,000 $1,150,154 $14,000,000 $12,000,000 $77,600 $10,000,000 — $456,731 $8,000,000 $6,000,000 $36,224 $4,000,000 1 1 • $2,000,000 — $0 — 2023 Adopted 2024 Requested 2024 Proposed 1 1.96% proposed increase in General Fund operating expenditures ■ Personnel Services ■ Supplies ■ Services and Charges b ql,r SPECIAL REVENUE FUNDS OPERATING REVENUES/EXPENDITURES 1 11wran ter P L A C E 0 F M I N N E S OTA J 11 water. Special Revenue Fund Special Events $48,000 Property Taxes $12,000 Donations $70,000 $48,000 $48,000 $0 $60,000 $12,000 $12,000 $0 $50,000 $40,000 $30,000 $20,000 $10,000 1 1 $0 $3,000 Services and Charges �IW$3,000 Ir $3,000 $9,000 Miscellaneous P�m $9,000 $9,000 _ $48,000 Fireworks r $48,000 $48,000 _ .1 111 Total Expenditures.1 111 Sony.?, WI� Operating Expenditures 2023 Adopted 2024 Requested 2024 Proposed ■Services and Charges ■ Miscellaneous ■ Fireworks jIIwater Special Revenue Fund St Croix Valley Recreation Center $1,834,935 Charges for Services $202,534 Supplies $1,424,237 Services and Charges $22,064 Miscellaneous $1,996,065 $1,996,065 $161,130 $212,216 $212,216 $9,682 $1,498,055 $1,498,055 $24,000 $24,000 $165,710 Debt Service Contribution $162,717 $162,717 $195,000 Transfer to Capital Outlay $110,000 $110,000 EL 11111111IM1111; Total Expenditures $73,818 $1,936 -$2,993 -$85,000 Operating Expenditures $2,000,000 — $1,800,000 — $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 2023 Adopted 2024 Requested 2024 Proposed ■ Debt Service/Capital Outlay ■ Miscellaneous ■Services and Charges ■ Supplies Debt Service Contribution $200,000 $150,000 $100,000 $50,000 $0I I- City of Stillwater 11 water. Special Library Revenue Fund $1,500,177 Property Taxes $1,605,998 $1,565,996 $65,819 $5,900 Services and Charges $5,900 $5,900 $0 $22,587 Miscellaneous $21,587 $21,587 -$1,000 $1,245,578 Personnel Services $1,319,447 ■ $1,319,447 $73,869 $95,100 Supplies $103,600 $103,600 $8,500 $183,850 Services and Charges $206,300 $206,300 $22,450 $4,136 Miscellaneous $4,136 $4,136 $0 $40,000 Transfer to Capital Outlay EL $0 $0 -$40,000 2024 Budget Impacts 4.39% increase in property taxes (2024 Proposed vs 2023 Adopted) 2023 Maintenance of Effort (MOE) requirement = $852,617 Operating Expenditures $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 2023 Adopted 2024 2024 Requested Proposed ■ Personnel Services ■ Supplies ■ Services and Charges ■ Miscellaneous/Capital $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Property Taxes ■ Add'I ■ MOE City of Stillwater 2019 2020 2021 2022 2023 2024 jIIwater Special Revenue Fund Parks $1,274,096 Property Taxes $28,900 Services and Charges $19,000 Miscellaneous $873,151 Personnel Services $138,850 Supplies $299,765 Services and Charges $50,500 Miscellaneous $250,000 Transfer to Capital Outlay *$25,000 fund balance $1,446,253 $29,000 $10,000 $975,233 $138,600 $345,920 $50,500 $0 $1,446,253 $29,000 $10,000 $975,233 $138,600 $345,920 $50,500 $0 $172,157 $100 -$9,000 $102,082 -$250 $46,155 $0 -$250,000 $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Operating Expenditures 2023 Adopted 2024 Requested 2024 Proposed ■ Personnel Services ■ Supplies ■Services and Charges ■ Miscellaneous/Capital Special Revenue Fund Community Beautification $69,000 Property Taxes $69,000 $69,000 $0 .• 111 •• - .• 111 .• 111 $69,000 Total Expenditures 1 $69,000 $69,000 $0 2024 Budget Impacts Per Resolution #2013-162, dated September 17, 2013 - requires a minimum $15,000 budget appropriation. $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 Operating Expenditures 2023 Adopted 2024 Requested ■ Supplies jllwater � 2024 Proposed 11 water. Special Lodging Tax Revenue Fund W$275,000IntergovernmentaVIER$300, $10,072 Personnel Services $65Services and Charges $261,250 Lodging Tax Disbursements $10,562 $0 $285,000 Operating Expenditures $350,000 Mlr$25,000 $300,000 $250,000 — $200,000 — r t ,- $150,000 $100,000 — $10,562 $490 $50,000 — $0 -$65 $0 — 2023 Adopted 2024 Requested 2024 Proposed $285,000 $23,750 • Lodging Tax Disbursements ■Service and Charges ■ Personnel Services j]jwater �.. Capital Outlay Department/Fund Building Inspections Emergency Operations Finance Fire MIS Plant/City Hall Police Streets r72024 Requested $35,000 $200,000 $66,200 $612,625 $222,500 $235,900 $556,835 $789,000 Total General Fund $2,718,060 St Croix Valley Recreation Center $790,000 Library $820,000 Parks $902,000 Permanent Improvement $9,675,000 j]]water PrPermanent Improvement Projects oposed Annual GO State Special Lighting 2024 Proposed Projects Debt Funding MSA Assessments Fund ARPA 2024 Budget Terra Springs Wall Assessment $100,000 Annual Street Improvement Project $980,000 $1,820,000 Annual Sidewalk Project $87,500 * $87,500 V Myrtle Street Concrete Paving Project Lumberjack Landing Downtown Street Lighting 2024 Budget Impacts $500,000 $100,000 $6,000,000 -V$100,000 $2,800,000 $175,000 $500,000 $6,100,000 $1,200,000 $1,200,000 $1,000,000 $3,400,000 Maximum planned bonding is approximately $4,500,000. j]jwater �.. Major Capital Project Overview 2023 and 2024 -project list into 2024 • Rec Center Roof — Cash • PW Roof — Insurance • Library Terrace /Inverted Roof —Cash • Parking Ramp Surface —Parking Fund • Downtown Street Lighting —Lighting/ARPA/MSA • Curve Crest Utilities —Utilities • Riverfront Parks —State • Myrtle Street Study —Current G.O. Enterprise Funds • Transitioned to Single Utility Billing System in 2022 • Sanitary Sewer Fund • Long Term Forecasting — rate increased to fund operating costs (including Met Council increases), capital costs, repay interfund loans and replenish reserves. • Continuing Lift Station Upgrades • Water Fund • Rate increased in 2023 to fund operating costs and capital costs. • Continue to Monitor • Storm Sewer Fund • Continue to Monitor • Rate increased 2023 • Street Lighting Fund • Revenues slightly above expenditures • $3.00 increase in Fall 2023 • Continue to Monitor j]jwater �.. Enterpi (Continued) • Parking Fun • Monitore, • Currently • Oper • Capii • Parking Ran • Monitorel • Currently • Oper • Capii • $350,OOC • 2022 Year E • $846,OOC • 2022 Year E • $69,335 City of Stillwater August 11, 2023 Dear Stillwater Mayor & Council: The Washington County Historical Society [WCHS] has been collecting, preserving and disseminating the history of Washington County and the state of Minnesota for 89 years. WCHS keeps the stories of the past and present to inspire and excite people from today and tomorrow with what we as a society have done right and learn from what we have done wrong. The exhibits, on indigenous beadwork, black baseball, Stillwater photographer John Runk, fashions from the 1860s & 1960 and the exhibit on our logging past, have all been recognized as important markers for our community. The logging exhibit, called “From the Woods to the World,” won a 2022 Minnesota History Award for exhibitions. A new exhibit on Washington County Grocery stores opened a few months ago and is getting a lot of local interest. At the Center we collaborate with ArtReach St. Croix as they have an area to put art exhibitions in – a new exhibit was just put in last week! We also have a “Community Corner” in which other historical organizations can show off what they have – currently we have Arcola Mills Foundation in the Corner. Programming has gone wild at the Center. This past year we have had speakers on the history of all star wrestling, Fisherman John Jeremy, and Stillwater’s most famous madam, Nellie Manderville [Red Nell] We have these programs in person and via zoom, and then are posted on our Facebook page and YouTube. The Warden’s House Museum on North Main Street, continues to welcome guests from around the country and from around the world. The Warden’s House, which opened in 1941, is the second oldest house museum in Minnesota. In the Warden’s House this year, we have an exhibit dedicated to the sears & roebuck Catalogs – truly the first “Amazon” of our times. The Warden’s House Museum has also hosted events, programs and school groups and will be looking forward to our paranormal events this coming October. Besides just the museums, the WCHS is active outside of the museums holding the Stillwater Historic Homes Tour in May and the ever-popular Winter Ice Cream Social in Lowell Park WCHS WASHINGTON COUNTY HISTORICAL SOCIETY during January. This past January we had nearly one thousand people come and get ice cream cones and challenged the below zero wind chills. Artifact donations continue to come into the WCHS that are amazing. Such as a 1935 Stillwater High School Class Ring, SHS graduate Glen Perkins High School, College and pro baseball jersey’s and a hanging light fixture from the West Wing of the Stillwater High School on Pine & Third Streets, just to name a few. The WCHS also operates two former rural schools, the Hay Lake School in Scandia – along with the Erickson Log House and does programing for the Eder School at the Oakdale Nature Preserve. These sites help to bring the history of our education systems to the present and help today’s children understand how schools operated one hundred years ago. The Washington County Historical Society still faces a financial challenge. The Warden’s House museum is currently replacing the front porch – before it falls off, the Warden’s House roof is in need of repair and trees that line the driveway need to be removed before they fall on the museum – again! The City of Stillwater has supported the Washington County Historical Society in the past and we ask you again to support us in 2024. We would like to ask the city of Stillwater for an annual appropriation of $7,500. Thank you for your support, Most sincerely, Brent Peterson Executive Director Washington County Historical Society Utility Improvement Projects Aiple lift station grinder 175,000 Mary Knoll lift station conversion 425,000 Lift station upgrade Rumpfs lift staion 85,000 Portable Flow Meters 20,000 Long Lake Trail overflow project 50,000 Olive Street garage 75,000 Telementery well upgrade 15,000 Chlorine & fluoride equipment 50,000 Wellhouse pump & rehab (#8) 50,000 Painting Tower Dr. water tower 1,010,000 Well house maintenance 20,000 LED City lights conversion Parking Ramp Surface j]jwater �.. 45,000 �� 1 $350,000 Cite of *tiCCmater, fffinneota WHEREAS, the Stillwater Post #48 captured the Division 1 Junior Legion Baseball State Championship on Sunday, July 30 atAlimagnet Park in Burnsville; and WHEREAS, After winning three straightgames to remain the only unbeaten team in the eight - team, double -elimination tournament, Post #48 was stopped by the Buffalo Cobras 15-5 in the first championship game on Saturday. Post #48 stormed back the next day with a 15-3 triumph in five innings to claim what is believed to be the first -ever VFW or Legion state championship for a Stillwater team; and WHEREAS, Blake Vanek allowed two walks and finished with six strikeouts, allowing just three runs in the fourth inning after Stillwater built an 11-0 lead with six runs in the top of the third, and WHEREAS, Lead-off hitter Joe Fredkove finished with three hits and four RBIs to cap an outstanding showing and received the Jim Peck Outstanding Player Award as the tournament's most outstanding player. Fredkove batted 15 for 23 with six RBIs and six stolen bases in five games. He also struck out 10 in five innings of Stillwater's victory in the winner's bracket finals; and WHEREAS Alexander Oehlke also delivered at the plate in the championship game by belting four hits and scoring three times, and WHEREAS, It was a rewarding end to a productive season for Stillwater, which won 15 of its last 16 games to finish with a 28-7 record. Other Team members alphabetically include Dylan Bloom, Emmett Campbell, Owen Dague, Miles Garcia, Cooper Howe, Caleb Jahnke, Tanner Kahn, Ty Majkowski, Calen Nitti, Mateo Rodriguez, Riley Runk, Henry Sample; Liam Schuldt, Blake Tollefsbol. Directed by Head Coach Ryan Bartosiewski, assisted by Mike Parker and Jon Koehn. NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim August 16, 2023 - Stillwater Junior Legion Baseball Team Day in the City of Stillwater and encourage the citizens of Stillwater to congratulate the team on their accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 15th day ofAugust, 2023. _Mayor Nillwater THE BIRTHPLACE OF MINN E S 0 T A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: August 15, 2023 Nillwater THE BIRTHPLACE OF MINN E S 0 T A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to mom Fig- FA t and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: August 15, 2023 Nillwater THE BIRTHPLACE OF MINN E S 0 T A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: August 15, 2023 Nillwater THE BIRTHPLACE OF MINN E S 0 T A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: August 15, 2023 (S,.jj,j,jw,a-ter S TIL L WA TER CITY COUNCIL BIRTHTHE - � SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to W97? F� 6( ff—Ar of 1103, Fommpf-17 and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: August 16, 2022 Sij.1.1wa-ter THE BIRTHPLACE OF MINN E S 0 T A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to T,jW f1ZCfZe iWO&M Mt ( &A contWbtdimm,I ' I / ( Iw-A6,j( I l otdi tandin# / e*wumce, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: August 16, 2022 ',l'.. 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An 'l.l �'l' '7.r� .li "a:.a. ..il ...JS��N^`t`•'��.. .I. `t�hr �T'��,.��til�Tf '• �u.'�`: .,,, .. .cam_. e`•,y��} ,�,�{� 4�*40 W r Al r � ;F, ��,� tf 'v�� ' � III ;.L (�� , � h, \•' r, ,� e r Al �,�!_' � �; rY �-� J,�, ��, i �.:�A ry ,"-" ,�'it' t •, � �'�;��}., • l � ,i:� '� , a�`�.�. i:• t .' -�.' ' ' R fr // ♦ 1]� t�,, 1, y l� �`{iri� ti' 'ri Ar S .� �. Mo+t.!! :, }n 'ri �` 1 J,'lS., K„� r •�• '� ' L t n t i �., :., 11• ""YYLLYI"YY!!1r •�,�; a 't ifi._ •.+� � Nam,. �/ .'i .�.� S` �•�i ��Vi; w��t• ~� \fit \ t '�'.� ,+'� .a• � �� ;f`. � � .1.; � a�� 'f�r`� •% "'"' � ;6` Jy�''{1' ;' ��''tiF ,a v d yx1� '�`y�`ry.. T ;i' •. ',t\., �� l.t�l �� {i#. r t :%rR"i� J'�v%,i• I ,y „^,) � ,t .s,,.�,' .7 t � , � �1 "` �if �� ` t S JAB .. Y � • � "jj'��: T. rl.� t• . � , � ;4 • ' 1 ,, "yfy��i�tt ♦.'{. a Yi. " � ' , _ t, ` � .. �� p a,p �.1 � a t,,�, �13, '-' ,��`r{•.. .� t��, } l's ^e 1 1 ; . y ,A tt lA'r;. — a a'� .vi `�i s � 1 `• ♦ � .y� �7y ,:i ' j;'� :�' • � , t , ,l •I .. �(._ +�� r ' ,y �'�..11 �' ¢T,I � 7� J`,v1, f 1 l.+ y � Y :- •.l;r'.11� y' i � �`!jl �` f ,'%' ys�'(r?{' ,.�T;.. ''t t�'r "��lR'T �� '� f � � � , t •, .. `344" Aj' y. J' 11 y O��x L/ _ , . -1,', .�� 1'�. Jin The HOA is not accusing the city of being at fault. We are asking the city for information and help with issues we believe are within the city's responsibility to its Constituents. Issues of concern 1. The status of the initial 2018 Development Agreement and the money held by the city. Approximately $10.000. 2. The status and information pertaining to the high water causing the sump pumps to run year- round at (6) of the 24 homes all of which sit on approximately 14 feet of base. And the Sump waters all having Chlorine in them. 3. The status and information pertaining to the North side retaining wall where the BCWD required the Developer to increase the size of the infiltration basin at least (3) times to satisfy their requirements, placing the edge of the basin and wall dangerously close to the homes on Lots 17, 18 and 19. This wall was not planned, approved or permitted and does not meet city codes. What we want 1. Is the Agreement dated 03/06/2018 fulfilled in its entirety and have all items been INSPECTED, COMPLETED and APPROVED to the satisfaction of the city? 2. Can we obtain a copy of all inspections? 3. Regarding any open items and unapproved issues, has the city executed its enforcement per Paragraph 7.02 of the 2018 agreement with INTEGRITY to complete these? 4. Can we obtain the staff notes and findings pertaining to the city's sump pump inspections that were arranged by our HOA with the city staff, on July 14th, 2023. Per staff to our owners, there was CHLORINE in every sample. 5. Is the city troubled that six homes have chlorine in the sump water and continue running daily year-round with the other 18 sumps rarely running at all? 6. Regarding the Retaining wall that is not in the city's approved development plans, per meetings with the BCWD July 18th, 2023, Karen Kill stated the wall is too close to the houses and needs to be removed. She stated they have been in contact with the city and were working on this issue. 7. Will the City approve the $10,000 held back from Integrity to be utilized towards the retaining wall to be removed, re -engineered and complete an approved project to establish the required space to lots 17, 18 and 19 for long term erosion control and the safety of the homes and it's owners? 8. Who or what entity ordered the retaining wall to be constructed? Is there a record of this? In Closing, we need the city's help and communication! We do not have the means and finances to complete the developers' responsibilities and to rectify the issues with ongoing water intrusion into our homes and unsafe unapproved structures. You as the city entity do have the power within your agreement with Integrity to hold them responsible for issues that need to be addressed and completed. Who we are; Heifort Hills Estates HOA. 24 Single Family homes mostly with retirees. Located; Neal Court N. at Neal Ave N. Just South of Hwy 96. Stillwater, Mn. Developer Integrity Land Development (Todd Ganz) of Ham Lake Builders Guidance Homes and Norcutt Homes Timeline for reference March 8th 2018 Integrity Land Development and the City of Stillwater enter into a `Development Agreement" For Integrity to develop Heifort Hills Estates. April 9th, 2018 City development agreement with Integrity is executed (Approved). Why we are here: To ask the Council for help in providing documentation and answers about our unfinished and distressed development. Our community currently pays 185 thousand dollars a year in levied property taxes that is shared by the City of Stillwater, Washington County, the School District, and The Browns Creek Watershed District. In our pursuit to accumulate said documentation from the city, directly below is the last response we received from the City Attorney dated July 18th, 2023, Craig The City has been very helpful and responsive to you and your specific needs up to this point regarding Heifort Hills, the City has provided you with every requested document, met with you or talked to you, and been very cooperative. In fact, you and I had a very nice conversation a couple weeks ago and I provided you with the Development Agreement and an Assessment Waiver for your development, both of which were recorded against the property and you could have found on your own in Washington County's Property Records. However, all of this cooperative spirit of City Staff has been at a cost of being very time-consuming. Surely you can understand that the City has limited staff, limited resources and most of all limited time They -cannotabsQrb themselves into eggh and every property owner's issues, especially when 1 have advised them that the issue does not a 1212ear to me at thisLime Ci a jgsUe. I have advised the City Staff if you need additional documents, that you need to make an official data practices request through the City Clerk's Office. If there are costs associated with compiling the data, you will be informed of that cost. In addition, it is not the City's responsibility to explain any documents to you. If you need an explanation, you need to hire your own consultant to interpret that information. The City cannot continue to discuss the issues with you. if you believe_that_the C& is at fault. then You need to make -a- claim _and a deman d a ga inst th e Citk' so that we can tender it to the City's insurance carrier. The City Staff serves a very large population. It must attend to all of them. Thanks for your understanding. Kori Land Stillwater City Attorney OUR MISSION: Yellow Ribbon Alliance Lower St. Croix Valley Mission: To support Veterans, service members, and their families in our communities You can support in these ways: a Donation to Yellow Ribbon Alliance Lower St. Croix Valley (5016 nonprofit) Purchase tickets and attend the Field of Bands Fundraiser September 16, 2023 Noon - 8:00 pm Washington Co. Fairgrounds. Tickets at 5 cityyell owribb o n. co m 9 Volunteer - see website: 5 ciMellowribbon.com or call 651-214-9463 Yellow Ribbon Alliance Gives: • $1,250.00 Individual Scholarships to three graduating seniors ith military cannections ■ $1,000.00 Donation to Operation 23 to Zero (curbing military suicide) * $1,000.00 Donation to Patriot Assistance Dogs (assistance for injured Veterans) • $1,000.00 Donation to Homes For Our Troops (adaptive homes for injured Veterans) • Annual Veterans' Dinner in November each year • $250.00 Gift for Veteran at Big Marine Veterans Rest Camp • Medical needs including family with young child battling cancer • Transportation for Veterans needing medical care. We have brought 1 WW@ Veteran to the VA over 600 times Delivery of meals for military family (when Mom is deployed) e Contribution to Veterans Memorial Site • Carpentry & Construction for families' homes including plumbing/roofing We value your donation and volunteer efforts. Thanks j eC emb 5:00 rM 1Z Nopw . o reatuh4 tice music of Arch Allies Americas Premier Tribute Band j GNG Girls Night Oul SUPERSTAR WOMEN OF COUNTRY Wayward Bo yz I(lub Minnmfak , egerrdof Fvak AnkffeV Wr&p&a*rnd and .. Rudw..Frj0KWv BEER FOOD BRING YOUR GARDEN TRUCKS LAWN CHAIR Tickets Available at: 5cityyel lowribbon.com $20 in advance V1p tic t $30 day of show Follow FACEBOOK p '-r•1�b� i us on j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES August 2, 2023 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:31 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Dunker, Odebrecht, Polehna; Heritage Preservation Commission Vice Chair Heimdahl and Commissioners Larson and Mino; Planning Commissioner North Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Graphic Design Signs (Murals). Community Development Director Gladhill explained that murals have been installed downtown without applying for Heritage Preservation Commission (HPC) approval and a Conditional Use Permit (CUP) from the Planning Commission. The HPC has begun a study of the City's rules, regulations and processes related to murals, defined as Graphic Design Signs in Stillwater City Code. HPC Vice -Chair Heimdahl reviewed HPC recommendations related to theme and style, establishing a more streamlined permitting process, and requiring a plan for maintenance. Councilmember Dunker added there are 19 murals downtown. He feels HPC design review is higher priority than obtaining a CUP. City Attorney Land explained that the City may not regulate a mural's content, but may regulate time, place and manner. A possible approach would be to write a purpose statement indicating that because of the need to protect and preserve the rich history of Stillwater, it is important that the HPC review mural designs for aesthetic purposes. If murals must have a historic theme, the requirement should delineate which history is being referenced. Time, place and manner include regulating how a mural may be placed, where it can be placed, the manner in which it must be affixed, how high, how wide, how thick, how many lights it can have, how bright the lights may be, how often it can flash or change its message, and so on. City Council Meeting August 3, 2023 Mr. Gladhill added that the HPC considers whether art is placed on historic brick, masonry and wood versus non -historic materials. He feels the big question will be whether a mural may be placed on a front facade. Additionally, there are Secretary of the Interior standards applicable to some structures downtown that are nationally listed. Councilmember Polehna stated long term maintenance of murals needs to be addressed, for instance peeling paint; and Mr. Gladhill answered there are public nuisance and building standards that can be applied through code enforcement. HPC Vice Chair Heimdahl stated the HPC proposes that an application would include a maintenance plan, and that installation that is not permanent, but be revolving. The method of installation should not harm the historic structure. The HPC feels strongly that murals should not be painted directly on historic features especially wood and masonry, and especially on front facades. Councilmember Junker pointed out the HPC has been very consistent with not allowing anything on the front facade, only the side or rear, and Councilmember Collins agreed there should be no murals on the front facade. HPC Commissioner Larson noted that one decision affects the overall downtown area. Among six other historic town mural guidelines, all encourage the front facade should stay intact, and if there is a mural, it be on non -historic masonry or surfaces in areas like alleys. He quoted a phrase from the Georgia Council for the Arts, stating that the downtown should not become "a petting zoo of murals." Mayor Kozlowski inquired on the color scheme guidelines for front facades. Councilmember Dunker replied the HPC prefers dark muted colors for trim and walls. Mr. Gladhill noted for example that the storefront of Kari's Create & Paint Studio is not necessarily historic material. When there are requests for storefront improvements, City staff asks if a transom window is still there, if it can be restored. Mayor Kozlowski questioned if something like this were allowed temporarily, if it is not painted on brick or other historic material and the business owner wanted to have some fun for a year, are there are guidelines that allow for art that is reversible; and City Attorney Land replied it would be an interim use permit. Councilmember Dunker stated he would not be in favor of that. Mayor Kozlowski asked if there is any interest in having different guidelines for what can be done on Main Street versus side streets. Councilmember Dunker replied it is all part of the downtown district and guidelines should be consistent. He added the alley behind Kari's could be the next location for an art alley. Commissioner Larson stated if every storefront did their own thing, it would not be the same downtown. The issue is how to create a policy that will consistently preserve downtown. Kari Patsy, Kari's Create & Paint, stated her artwork was painted on a piece of plywood that does not have a window behind it. Given the application process, she does not think that everyone would request front facade art. Side street businesses need business and cannot afford Main Street visibility. She acknowledged that she failed going through the process, but there is nothing historical about her storefront. Page 2 of 7 City Council Meeting August 3, 2023 Heather Rutledge from ArtReach St. Croix, which acted as fiscal agent for the Union Art Alley project, stated art chosen for Union Art Alley does not have to be historic, but it has to address this place in geographic and human history, must be positive and appropriate for all ages. She feels strongly that art enhances the town and should rotate and evolve. There should be a plan for placing new pieces periodically. Waste Management Yard Waste Proposal City Clerk Wolf stated that Waste Management is proposing to give all customers in Stillwater a 96-gallon cart for collection of yard waste. Waste Management will deliver and maintain the carts. The pricing of yard waste collection will not change. Jason Hartman, Waste Management, explained the carts would help prevent injuries that occur with manual services such as lifting bags. City Clerk Wolf stated she will amend the contract for possible Council approval. Cannabis Discussion Brad Glynn, Lift Bridge Brewery, stated the State of Minnesota has made it legal for breweries to produce low dose .3% THC hemp derived products (not mixed with alcohol). The products are limited by 10 mg per can; a lot of breweries are typically doing 2-5 mg. It is a response to a changing market and his vendors are asking for it. Beer sales have been declining and the newer generation is enjoying THC and other products. Minnesota is the 21st state to allow this. Knowing the town, he feels there is a high percentage of people recreationally using THC right now. He asked what the Council wishes to do to address Lift Bridge manufacturing THC beverages for off -sale use. The State does not allow for on -sale consumption. City Attorney Land noted under the current ordinance, dispensaries are zoned in the business park where there are two licensed now. Those are the only establishments that can sell those products. The City does not allow manufacturing because, except for the beverage infused products, the other products produce an odor and it was felt that was inappropriate for the small industrial park. The moratorium up for Council action tonight will give the City a chance to absorb everything the legislature just passed. Councilmember Odebrecht remarked that a business should not be punished for doing business in Stillwater. Ms. Land stated the Council could consider removing the prohibition on manufacturing. She suggested that brew pubs (with on -site consumption) may be limited to manufacturing and sale and not be allowed to have on -site consumption of THC-infused products. The current ordinance would have to be revised. The Council can still pass the moratorium, then carefully change the ordinance to allow this particular use, and then address all of it later in a reworked ordinance. City Entrance Monuments Public Works Director Sanders presented four versions of a possible entrance sign and stated there is money budgeted this year for one sign, with more to be installed in future years. The Council preferred the signs featuring the lift bridge. Page 3 of 7 City Council Meeting August 3, 2023 STAFF REPORTS Public Works Director Sanders gave a Chestnut Street Plaza project update. Police Chief Mueller recapped Night to Unite and updated the Council on Stillwater Area High School safety planning. Fire Chief Glaser reported on events and a Mutual Aid incident in Hudson on Monday. Finance Director Provos stated the preliminary budget will be ready next week, and a new State -administered Local Sales Tax of 1% will take effect October 1. Community Development Director Gladhill stated graffiti on transformers is being addressed by painting the boxes; and the downtown parking system update will go live September 8. City Clerk Wolf reminded the Council of the Boards and Commissions picnic August 9. City Attorney Land gave kudos to Beth Wolf for her work on recodification; and stated an Xcel agreement for art on transformers is ready for Council approval, the first in the State. City Administrator Kohlmann gave a budget update, and stated Senator Housley will be at the next City Council meeting. Library Director Troendle reported on a puppet show event, summer reading program, and thanked the Stillwater Human Rights Commission for nominating the Children's Department for the Human Rights Award. RECESS Mayor Kozlowski recessed the meeting at 6:07 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 4 of 7 City Council Meeting August 3, 2023 RECOGNITIONS OR PRESENTATIONS Community Thread 2024 Budget Request - Cathleen Hess Cathleen Hess, Community Thread Director of Development and Communications, described programming and service statistics, and requested $16,000 for operations and $5,000 for the bus loop. Certificate of Appreciation for Tanya Holmgren, Community Development Administrative Assistant Mayor Kozlowski thanked Ms. Holmgren for her dedicated service to the City. OPEN FORUM Louise Hansen, Rivertown Commons resident, spoke about ongoing damage to the open space behind the parking ramp by another resident, and the Council directed her to continue communicating with staff. Mike Wilhelmi, Xcel Energy, stated the company is excited about the transformer box art project being piloted in Stillwater and Bloomington. CONSENT AGENDA July 18, 2023 Regular Meeting Minutes Payment of Bills 225 Hazel St W Encroachment Agreement for Fence - Resolution 2023-100 City Charter Amendment to Elective Officers, Elections, Meeting Records, and Holding Other Offices - Ordinance 1201 City Support of Designation of County State Highway 15 - Resolution 2023-101 Downtown Stillwater Holiday Lights Agreements Flexible Work Arrangement Policy Renewal - Resolution 2023-102 Hydrant Replacement Contract Agreement Short Term Home Rental Licenses Traffic Safety Review Committee Dissolution - Resolution 2023-103 Watermain Break Road Repair Contract Agreement Xcel Energy License Agreement for Mural Painting on Utility Boxes Lakeview Right of Entry - Resolution 2023-104 Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS An Interim Ordinance to Prohibit the Establishment and Operation of a New Cannabis Business or the Expansion of Any Existing Cannabis Business within the City until January 1, 2025 and an ordinance Prohibiting Cannabis Use Within Public Property and Public Places - 2nd Reading on both Ordinances City Attorney Land gave background on City -enacted CBD regulations, and the 2023 law expanding the legalization of adult use cannabis in the State of Minnesota. There is confusion in the public about what can and cannot be manufactured, grown, purchased, possessed, sold, and used. Therefore, the City wishes to pause the expansion of CBD products by Page 5 of 7 City Council Meeting August 3, 2023 enacting an interim ordinance temporarily prohibiting the establishment of new cannabis businesses and the expansion of existing ones until the City adopts new ordinances or on January 1, 2025, whichever comes first. The current three CBD-licensed businesses may continue to operate, but may not expand. She further explained that while the new law authorizes the use of adult use cannabis by those over the age of 21 effective August 1, it is only allowed in the home or on private property with the permission of the owner. The new law lacks any penalty for using adult cannabis in public. Instead, the law authorizes cities to enforce violations of use in "public places" as long as the penalty is a petty misdemeanor (an "offense" not a crime with a maximum penalty of a $300 fine). This second ordinance prohibits the use of adult use cannabis in public places and the penalty is a petty misdemeanor. An additional ordinance could be adopted in the future, similar to underage consumption of alcohol, for underage use of adult cannabis. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt second reading of an Ordinance 1203 Temporarily Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis Businesses; and an Ordinance 1204 Amending the Stillwater City Code by Enacting Stillwater City Code Chapter 52-23, Prohibiting Cannabis Use Within Public Property and Public Places. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS Council condolences on the passing of former Councilmember Terry Zoller's wife Sally. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 7:42 p.m. ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor Resolution 2023-100, Resolution Approving an Agreement Related to Landowner (225 Hazel Street West) Improvements on Outlot A, Brown's Creek Heights Resolution 2023-101, Resolution to Washington County and to the Minnesota Department of Transportation in Support of the Designation of County State Aid Highway 15 in the City of Stillwater Resolution 2023-102, Approving Flexible Work Arrangement Policy Page 6 of 7 City Council Meeting August 3, 2023 Resolution 2023-103, A Resolution Rescinding Resolution 2009-52 Establishing a Traffic Safety Review Committee for the City of Stillwater Resolution 2023-104, A Resolution Authorizing Entry to Property for Geotech Investigation Ordinance No. 1201, an Ordinance Amending Section 3.01, Council Composition and Election; Section 406, Election Wards; and Section 505, Council Meetings of the Charter of the City of Stillwater Ordinance No. 1203, an Ordinance Temporarily Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis Businesses Ordinance No. 1204, an Ordinance Amending the Stillwater City Code by Enacting Stillwater City Code Chapter 52-23, Prohibiting Cannabis Use Within Public Property and Public Places Page 7 of 7 DATE: August 15, 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 $919,034.82 has been sent to the Mayor and City Council Members to approve for payment. �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: August 15, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Purchase of Two (2) Additional Credit Card Terminals for Downtown Parking In observing the customer demand for credit card terminals and comparing that the expanded pay zone set to go live on September 8, Staff recommends the purchase of two (2) additional credit card terminals to meet customer demand. This is recommended for a combination of number of anticipated customers per terminal but also obstructed visibility for certain areas. • North West Corner of Lots 8/9 by Mulberry Point • Corner of Water Street and Myrtle Street Existing Terminals (or already purchased/ready to install) • Lot 1 (in operation) • Lot 2 (in operation) • Parking Ramp (in operation) • Water Street between Nelson Street and Chestnut Street Plaza (purchased/to be installed; added for better visibility) • Lot 4/5 (at end of Myrtle Street along St. Croix River (purchased/to be installed) • Commercial Street/Pedestrian Plaza (purchased/to be installed) • Lot 12 (north end of Downtown) (purchased/to be installed) RECOMMENDATION Staff recommends purchase of two (2) additional terminals for better customer service. ACTION REQUESTED Motion to approve the purchase of two (2) additional downtown parking credit card terminals. T S Total Parking Solutions Inc. City of Stillwater, MN Parking Equipment Proposal August 8t", 2023 Equipment 2 Cale CWT S4 Plus Card ONLY Touchscreen Terminals $ 17,800.00 Cabinet stainless steel construction - black, solar powered, 12V 80-amp battery, includes card reader, fully programmable 9" anti -glare touch screen display, vandal resistant Lexan protected, 4G modem and antennae, one roll receipt paper, instruction graphics, installation hardware, one year warranty on parts and service, shipping F.O.B. City of Stillwater, MN. Installation, terminal mounting, and activation TBD Total Equipment and installation $ 17,800.00 Cale "WebOffice" Central Management System Provides cellular communication for: • real time credit card payment processing, PCI compliant • alarms and warnings sent via SMS text or e-mail to owner and/or service technician • remote access to maintenance, statistical and financial reporting (built-in report generator can export data as Excel or PDF files) • remote enforcement via web -enabled device (i.e., Iphone, Droid, Ipad, laptop) • Pay by phone/app, LPR and enforcement related integration $ 80.00 per terminal per month, $ 960.00 per terminal annually TERMS AND CONDITIONS Delivery typically 10 to 12 weeks after order F.O.B. job site Payment Terms 50% billable upon placement of order, balance due upon completion of installation Notes Proposed by: Total Parking Solutions, Inc. Jesse Zawacki Midwest Regional Sales Manager Accepted by: Date Title Does not include any necessary concrete work i water THE BIRTHPLACE OF MINNESOTA DATE: August 10, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Downtown Holiday Lights Agreements BACKGROUND Staff has obtained a few more Downtown Holiday Lights agreements to allow the winter Holiday lights to be placed along the top of businesses buildings. Staff will continue to encourage the remaining three 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 Stillwater Holiday Lighting Agreement ("Agreement") is ent •rcd into on this day of 2023 by and between the City of Stillwater ("City") and Nth �1LUAIL?- �.T i ("Owner") for exterior holiday lights to be located on the building at 42Z MA A/ SrS ("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: 1. Term: This Agreement shall commence on May 1, 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 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: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Propery 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 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. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City yment 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) 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 OWNE By. (signature) n / Its: 6 �J .l l� f)( ! l�l� (title) Historic Downtown Stillwater Holiday Lights Agreement Plus Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 3- day of VAC 2023 by and between the City ofStiIlwater ("City") and lk1-N >�Rr RTMES L iND �� ("Owner") forc.rtt or holiday lights to be located on the building at IIZ NAI tJ STECE-1 WEN ("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: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: (honer covenants and agrees with City that: (a) Holiday Lighting Proiccu 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 bights, which shall be aflixed 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 Toner: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fcc 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 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 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) Cily 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 laulty 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 delault 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 curet{ 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 • executed by its dpiy (thorized representatives. CiTY OF STILLWATER: OWR• : t. I// By: � By: Ted Kozlowski, Mayor � By: Its: Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this day of 2023 by and between the City of Stillwater ("City") and y\� k tr SCAAA tiYl()oi,, . ("Owner") for exterio oliday lights to be located on the building at ( t� n ,S� N _ ("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 pat -ties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 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 lnspNt: 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 turn on at dusk and turn off at 1.2:00 am. (d) Owner is the Pro et 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 Horiday 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. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of r-loliday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) Ciy 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. De ault: 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: `fed Kozlowski, Mayor By: Beth Wolf, City Clerk OWNE 1 By: (sigi fur) 11` its• �VvC%t� (title) i water THE BIRTHPLACE OF MINNESOTA DATE: August 15, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Promotion of Cole Boelter, GIS Technician, to Full Time Employee DICUSSION Cole Boelter was hired as GIS (Geographic Information System) technician, this past February, as permanent part-time employee in the Engineering Department. Cole was hired to reestablish the City's GIS program for Public Works as well as other departments in the City. Since February Cole has updated our mapping system, worked with the City Forester to create mapping for tree inventory, initiated the GIS software program to be web based rather than desktop version, and assigned viewership license to designated employees. Cole has just begun to scratch the surface with GIS and is working on projects including; integrating GIS with Asset management, creating better access to record drawings, and updating our infrastructure inventory through GIS. Because of his outstanding recent work, I would like to promote to Cole to full-time as GIS Technician. This is an increase of 24 hours per week to 40 hours per week and includes full-time benefits. Cole will continue to work primarily in the Public Works department and has the ability to work with other City departments, including Planning, Administration, Police and Fire. The GIS technician is funded primarily through the revenue funds of sewer, storm and water. RECOMMENDATION It is recommended that council approve Cole Boelter be promoted to full-time as GIS Technician. ACTION REQUESTED If Council agrees with Staff recommendation they should pass RESOLUTION 2023- APPROVING COLE BOELTER GIS TECHNICIAN TO FULL TIME STATUS City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING COLE BOELTER GIS TECHNICIAN TO FULL TIME STATUS WHEREAS, Cole Boelter was hired as GIS Technician position as 24 hours per week; and WHEREAS, this position has been mostly updating the mapping system for the Public Works Department; and WHEREAS, Cole has performed his duties admirably and is recommended to be promoted to a full-time position. NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that Cole Boelter be promoted to FTE GIS Technician position. Adopted by the Stillwater City Council this 15th day of August, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: July 18, 2023 TO: Honorable Mayor and City Councilmembers FROM: Mick Greiner, Facilities Manager SUBJECT: HVAC Controls Replacement Project DISCUSSION Plans and specifications for the City Hall and Police Department HVAC Controls Replacement Project are near completion and staff is requesting approval for the plans and specifications and authorization to bid. Bid opening is scheduled for September 25th and bid results will be presented to Council at the October 3rd meeting. ARPA funds have been allocated for this project. RECOMMENDATION Staff recommends approving the plans and specifications for the City Hall and Police Department HVAC Controls Replacement Project and order advertisement for bids for the project. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2023- APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE CITY HALL AND POLICE DEPARTMENT HVAC / CONTROLS REPLACEMENT PROJECT. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE CITY HALL AND POLICE DEPARTMENT HVAC / CONTROLS REPLACEMENT PROJECT WHEREAS, pursuant to a motion passed by the Council on March 1st, 2022, the Facilities Manager has prepared plans and specifications for the HVAC / Controls Replacement Project and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the Facilities Manager are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at QuestCDN.com the advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and for two weeks online at QuestCDN.com and shall specify the work to be done, shall state that bids will be received by the City Clerk until September 25, 2023 at 1 pm, at which time they will be publicly opened at City Hall by the Facilities Manager; will then be tabulated and will be considered by the Council at their next regular Council meeting on October 3rd, 2023, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of the bid. Adopted by the Council this 15t" day of August 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA DATE: August 15, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: Citytech Consulting, LLC Overview Staff is wishing to engage Citytech Consulting, LLC for IT Management Services. The part time nature will be similar to the current setup. This is a change to a formal consulting relationship. Recommendation Approve the attached professional services agreement. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 15th day of August, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Citytech Consulting LLC, 1421 Jersey Ave. N. Golden Valley, MN 55427 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Consultant 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 Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined as follows: Oversee information systems at the direction of the City Administrator. b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in this Agreement. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant 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. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement shall commence on the date listed in the initial paragraph of this Agreement and shall terminate pursuant to Section 4 of this Agreement. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either parry upon thirty (30) days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until 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 parry 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 parry. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Joe Kohlmann 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. 2 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Terre Heiser to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant 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 Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended. b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant 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 General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: City Administrator Or e-mailed: jkohlmann@ci.stillwater.mn.us If to Consultant: Citytech Consulting LLC 1421 Jersey Ave. N. Golden Valley, MN 55427 Or emailed: 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assi ng ment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant 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 disputes regarding this Agreement must be brought by civil action and 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. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. 9 CITY OF STILLWATER Bv: Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: CONSULTANT By: Its: Date: i water THE BIRTHPLACE OF MINNESOTA DATE: August 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Liquor License Amendment for Temporary Outdoor Premise Extension at 225 Main St N, River Siren Brewery Company LLC BACKGROUND River Siren Brewery Company LLC located at 225 Main Street North has requested a temporary premise extension for their On -sale Micro Brewers Taproom liquor license and Special Sunday On -sale Micro Brewers Taproom liquor license to host events in their adjacent parking lot north of their building. The Stillwater Planning Commission has issued an Interim Use permit for five outdoor events. The outdoor premise area will be used only during these events: Bands for the Brave on September 9, 2023 and Oktoberfest on September 22-23 and October 6-7, 2023 and Sunshine Fest in June of 2024. Their 5th event, Taste of St. Croix Valley, will not occur during this permit period. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving RESOLUTION 2023- , RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT FOR TEMPORARY OUTDOOR PREMISE EXTENSION AT 225 MAIN ST N. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT FOR TEMPORARY OUTDOOR PREMISE EXTENSION AT 225 MAIN STREET NORTH WHEREAS, a request from River Siren Brewery Company LLC has been received to add their adjacent parking lot on the north side of their building located at 225 Main Street North as a temporary premise extension to their On -sale Micro Brewers Taproom liquor license and Special Sunday On -sale Micro Brewers Taproom liquor license; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and WHEREAS, the temporary outdoor premise area will be used only during the following events: Bands for the Brave on September 9, 2023 and Oktoberfest on September 22-23 and October 6-7, 2023 and Sunshine Fest in June of 2024. NOW, THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby approves amending River Siren Brewery On -sale Micro Brewers Taproom liquor license and Special Sunday On -sale Micro Brewers Taproom liquor license temporarily for additional licensed premises located at 225 Main Street North for above named outdoor events and only during the term of the Interim Use Permit conditioned upon the following: 1. Approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). 2. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 3. The business must insure alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 4. Hours of operation for the outdoor service in the temporary premise space shall be between the hours of 8 am and 10 pm on said events. 5. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat. § 340A. Adopted by the Stillwater City Council this 15th day of August 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: August 15, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: 51" St. N - No Parking Request DICUSSION In the past few months staff have noticed an increased amount of on -street parking on both sides of North Fifth Street north of Myrtle Street. This street serves as the entrance to the former Public Works Building and the on -street parking has restricted city and service vehicles from entering leaving the site. It is proposed to prohibit parking on the east side to provide better access. RECOMMENDATION Staff recommends that parking be prohibited on the East side of North Fifth Street, north of Myrtle Street to 300 feet north. ACTION REQUESTED If Council agrees with the recommendation they should pass a resolution 2023-_ AUTHORIZING NO PARKING ON THE EAST SIDE OF NORTH FIFTH STREET NORTH OF MYRTLE STREET City of Stillwater Washington County, Minnesota RESOLUTION 2023- AUTHORIZING NO PARKING ON THE EAST SIDE OF NORTH FIFTH STREET NORTH OF WEST MYRTLE STREET WHEREAS, the City Engineer has presented concerns with regard to the parking spaces now allowed North Fifth Street; NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, That Parking be prohibited on the east side of North Fifth Street from Myrtle Street to 300 feet north and that "No Parking" sign be installed. The various City Staff responsible for this action are authorized to complete this work in order effectuate this City Council directive Adopted by the Stillwater City Council this 15th day of August, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA DATE: August 151h, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: Payroll/HR Tech Overview: The City is planning to implement the transition into Civic Systems ERP software between October and December. With that, there will be a significant workload placed on the Finance Department. Staff recommending adding a second Payroll/HR Tech to ensure a seamless transition into the new software. Recommendation Authorize hiring a second Payroll/HR Tech position. i water THE BIRTHPLACE OF MINNESOTA DATE: August 9, 2023 TO: Mayor and City Councilmembers FROM: Sharon Provos, Finance Director SUBJECT: Postage Meter Lease Agreement BACKGROUND The current postal meter is coming to the end of a 5-year lease program that expires in September 2023. In a many lease programs, the lessee may have an option to own the equipment at the end of the lease. This is common with large, multi -function copier/printers. However, in the United States, postage meters used to print First -Class postage and other USPS services cannot be purchased by an individual or a business. This is because postage is considered a form of currency that needs to be regulated, much like a money printing press. There are only four authorized manufactures in the United States; Quadient, FP USA, Pitney Bowes, and Data Pac. The City leases its meter from Quadient. To maintain operational continuity and familiarity of the equipment, it is recommended to refresh the postage meter with a similar model from Quadient. Pricing is under the NASPO/ValuePoint Contract CTR058809 (Minnesota Addendum 213073). BUDGET IMPACT The last lease term had quarterly payments of $455.01. The new contract has increased to $527.10. This equates to an average annual increase of 3% over the past 5 years. Postal costs are included in the annual operating budget for Administration. This includes the lease of the postage meter as well as postal charges paid to the US Postal System. RECOMMENDATION Staff recommends approving the purchase order — lease agreement with Quadient Leasing USA Inc. for $10,542.00 ACTION REQUESTED If Council concurs with staff recommendation, they should pass a motion to approve the purchase order — lease agreement with Quadient. Customer Organization City of Stillwater DBA Address 216 4th St N City State Zip STILLWATER MN 55082 Phone (651)430-8800 Fax Vendor Company Name Quadient Leasing USA Inc. FEDERAL ID# 94-2984524 Attention Government Sales DUNS# 150836872 Address 478 Wheelers Farms Rd City State Zip Milford CT 06461 Phone (866)448-0045 Fax (203)301-2600 Purchase Order - Lease NASPO/ValuePoint Contract #: CTR058809 and / or State Participating Addendum (PA) #: 213073 (MN) Ship To Organization City of Stillwater Attention Address 216 4th St N City State Zip STILLWATER MN 55082 Phone (651)430-8800 Email ipereboom@ci.stillwater.mn.us P.O. Number P.O. Date Requisitioner Shipped Via F.O.B. Point Terms Ground Destination Quarterly Invoicing QTY Unit Description Unit Price Total 60 Months Lease Payment $175.70 $10,542.00 Lease payment specified above for products listed below includes, as applicable, reduced price equipment maintenance to reflect first year free, meter rental, meter resets, postal rate changes, software license/support/subscription fees, delivery, installation, and operator training. Products QTY Product ID 1 ESP01N 1 IX5AF 1 IXWP5 Description 15 AMP Power Conditioning line filter. 4 standard outlets, plus 1 "corded" outlet iX-5 Series Base w/ Autofeeder, Sealer, Catch Tray & Ink IX Series 5 lb Weiahina Platform 1) Order is governed under the terms and conditions of the NASPONaluePoint Master Price Agreement Contract Number CTR058809. Enter this order in accordance with the prices, terms, delivery method, and specifications listed above. 2) Payments will be sent to: Quadient Leasing USA, Inc. Dept 3682 PO Box123682 Dallas TX 75312-3682 3) Send all correspondence to; Quadient Leasing USA, Inc. 478 Wheelers Farms Rd Milford CT 06461 Phone:203-301-3400 Fax:203-301-2600 Authorized by Date Ted Kozlowski Mayor Print Name Title Attest by Date Beth Wolf City Clerk Print Name Title 111water DATE: August 15, 2023 TO: Honorable Mayor & City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2023 Rivertown Fall Art Festival Event Application BACKGROUND The Greater Stillwater Area Chamber of Commerce has applied for a special event permit for its annual Rivertown Fall Art Festival. Over 150 artists and food vendors are expected to attend this event showcasing specialty hand-crafted items, including artist mediums of all kinds: ceramics, clay, culinary arts, drawing, fiber work, glass, jewelry, metal, mixed media, painting, photography, pottery, wood and others. The traditional first weekend in October for the festival lands this year on October 7tn and 8t". Load -in will occur on Friday, October 6t" and the final clean-up will occur by Monday, October 9t". The North end of Lowell Park will be used along with parking lots (4, 5, 9, 10) and Mulberry Circle. All associated fees will be invoiced according to the City's current Fee Schedule. RECOMMENDATION Staff recommends approving the 2023 Rivertown Fall Art Festival Event Application. ACTION REQUESTED The City Council should review the event application materials. If Council wishes to approve the special event, they should pass a motion approving the 2023 Rivertown Fall Art Festival Event and Site Plan, Contract and Temporary Liquor License, and enter into a contractual agreement with the Greater Stillwater Area Chamber of Commerce. Attachments: Site Plan and Contract. CITY OF STILLWATER, MINNESOTA 2023 RIVERTOWN FALL ART FESTIVAL AGREEMENT THIS AGREEMENT is made this 15t" day of August, 2023 between the City of Stillwater, Washington County, Minnesota ("City), and Greater Stillwater Chamber of Commerce, a Minnesota non-profit corporation, ("Organizer") WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit the Greater Stillwater Area Chamber of Commerce to organize and conduct a Rivertown Fall Art Festival in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley 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 Organizer agree as follows: 1. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October 6 — 9 a.m. - 8 p.m. Event: Saturday, October 7 — 10 a.m. — 5 p.m. . Sunday, October 8 — 10 a.m. — 5 p.m. Cleanup: Sunday, October 8 and Monday, Oct. 9: 10 a.m. — 5 p.m. Load In/Load Out: Organizer will coordinate the Load In/Load Out times for the event with the City Public Works Department by September 15, 2023. 2. Event/Alcohol. The Organization has been granted authority to dispense intoxicating Liquor at the 2023 Rivertown Fall Art Festival. This approval is subject to the Organizer applying for and being granted 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 by September 15, 2023. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Event. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing/Demarking of Venue. The Venue Area must be demarked by the Organization. The demarked area must be adequate to ensure that alcohol sales and consumption remain inside the venue area. A breach of the venue area is grounds for the Police Chief to terminate all alcohol sales in the area. c. Tents. The Fire Department shall inspect all large tents (beer garden, etc.) d. Security. For the purpose of this plan, the Organizer shall increase the paid private security, as directed by the Police Chief and/or increase the Stillwater Police presence to ensure that the alcohol stays with the venue area. The Police Chief will determine the increase in the Stillwater Police Department presence. A paid professional security guard/police personnel must be in place to ensure that no beer or liquor enters or leaves the Area. e. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. f. Signs. The entire venue must be posted with signs that state NO ALCOHOL BEYOND THIS POINT at regular intervals (50-75 feet apart); signs should be a minimum of 18 x 24 in. The number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. g. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. h. Compliance. The Organization shall obtain a temporary liquor license selling of Liquor during the event, obtain an alcohol consumption permit and pay the respective fees. Prior to opening date of the Event, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. j. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by September 15, 2023. 3. Insurance, Hold Harmless, and Indemnity. The Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Organizer that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than September 15, 2023. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured "as their interests may appear." B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker's Compensation Coverage. 4. Contact Information. Organizer shall provide the City updated accurate contact phone numbers. 5. Public Safety Requirements. The organizer agrees that City has the right to increase the requirements to public safety resources based on participant numbers, threats, or weather conditions and any associated City costs will be paid for by the Organizer. 6. Required Information, Meetings, and Documentation. Organizer agrees that failure to provide required information and documents to the City is just cause for the City Council to terminate the agreement. 7. Noise Control. The Organizer 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. 8. Police Power. With regard to Event, 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. In that event, the Organizer will cease dispensing Liquor and must assist the police in the clearing of the Area. 9. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (i.e. Washington County Public Health & Environment, State Electrical Inspector). 10. Exclusive Use of Parks. In return for the exclusive use of the City Parks as identified on the approved overall site plan and/or Event maps, the Organizer hereby agrees to the following: a. Dumpsters. The Organizer 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 the Event. Organizer must ensure that all trash or garbage is collected and hauled away daily in the Event areas. i. Dumpsters and trash receptacles in the Event Areas must be picked up and emptied each day during the Event. The City may amend the plan and require additional dumpsters or trash receptacles if the need arises. ii. If possible, Organizer will provide recycling and organics containers for the Event. b. Traffic Control. To ensure traffic and pedestrian control the Organizer must place standard reflective barricades according to a plan approved by the Public Works Director or his designee. Barricades may be supplied by the Organizer, or by the City. c. Electricity and City Water. Existing electrical boxes will be opened by the City to provide access for the Event and invoiced according to the current City Fee Schedule. If access to water main or hydrants is needed, the Organizer shall make arrangements with the PW-Utilities Department and pay related water fees. d. Restrooms. Additional portable restrooms must be provided by the Organizer if deemed necessary to protect public health as determined by the Public Works Superintendent. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip restrooms, however, the Organizer will be responsible for maintaining, cleaning, staffing and security and supervision for restrooms. If the Organizer elects not to provide these services it must notify the City at least two weeks prior to the event, and in that event, the Organizer will bear the City costs associated with this work. e. 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. Organizer must work with the City Public Works Department to determine the location of the irrigation system. Public Works will provide irrigation locates in areas where tents will be staked on Friday, October 6t", 2023. f. Grey Water. The Organizer agrees to ensure that all vendors' waste water be discharged into a holding tank approved by Washington County Public Health & Environment. Vendors without an approved holding tank must discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. Grey water barrels or holding tanks shall not be disposed into the City's sanitary or storm sewers, for any reason. g. Use of City Parking Lots. The Organizer will be using Lots 4, 5, 9, 10 for Food Vendors and Vendor parking. THERE IS ABSOLUTELY NO STAKING INTO PARKING LOTS. Organizer will be responsible for any damage. Payment for the Parking Lot(s) and/or on -street parking spaces will be charged according to the City's Fee Schedule or the Downtown Parking Commission's recommendation. The City prefers the Organizer to stage the activities 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. 11. Event Fees. The Organizer agrees to submit event fees as stipulated in the 2023 Fee Schedule payable to City by September 15, 2023. 12. Rules for Vendors. a. Food Vendors. All food vendors must be inspected and approved by Washington County Public Health & Environment and the Stillwater Fire Department and the State Electrical Inspector prior to beginning operation. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer must provide a complete list of all vendors to each of these agencies at least two weeks prior to the event. c. No Camping. No camping in tents, trailers or campers is allowed in the Downtown during the events. 13. Damage to Parks, Paved Trails and Parking Lots. All damage to parks, paved trails, or parking lots must be repaired at the expense of the Organizer whether caused by the Organizer or its vendors. The City will deduct the cost of repair from Organizer Deposit, however, the Organizer will remain responsible for costs and repairs that exceed the Deposit. 14. Clean -Up. On the day following the close of the Event, weather permitting, the Organizer will clean Lowell Park and other areas that have been impacted by the Event. The Organizer is responsible for all costs, incurred for the clean-up of areas neglected by the Organizer. 15. Term of Agreement. This Agreement will remain in effect for a period of one (1) year from the date of its execution. Further, in the event that a determination is made by the City Council, based upon the advice of the Police Chief that the Event is a threat to the health, safety or welfare of the community, the City Council reserves the right to cancel any remaining term and terminate this Agreement. 16. Event Application. The Application for the Event as submitted by the Organizer and any amended documentation 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. IN WITNESS WHEREOF, the parties have set their hands this 15t" day of August 2023. Attest: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor GREATER STILLWATER CHAMBER OF COMMERCE Robin Anthony, Executive Director W.. lP i I ju. - / V 4 Food Trucks: A- D&D Goodies Foodtruck �Il Sponsorsudslinger/Other M-M B- Kraz'd Foodnatik MN -I Al Henna C- Mee Ma's Coffee LLC AZ .pioneer Press D- Hoppers Mini Donuts A3- Renewal by Andersen E -Kenny's Meatball Wagon A4-US Army Recruiting . • F-Street Eats Grill AS -Star Tribune G- Pizza Karma A6-The Zephyr Theatre Concessions � H - Blue Loon C M-Mudslinger I - Don 3api Chula T-Tmobile ' 1- Bridge City Roas-ing AR -Art Reach a m Q Parking ® Restroom Trail Brick Surface Streets & Sidewalks Building Footprints rjO�j Beer Tent Electric Needs QParking lot closures Artist Tents �b Y Ped Fen ood Trucks 0.00 Portable Restrooms 0 0 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: August 15, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: Soil Boring Study Agreement for the 2024 Street Improvement Project (2024-02) BACKGROUND At their regular meeting on July 18t", 2023 the City of Stillwater Council members ordered the Engineering staff to prepare a feasibility study for the 2024 Street Improvement Project. The Study includes an investigation of the soil layers underneath the existing streets proposed for reconstruction in order to better determine the costs to rebuild the streets. Staff invited four geotechnical consultants to submit their bids to conduct soil boring investigation and prepare a report of the findings and suggestions of any corrections needed to subbase materials before building the roads. Two consultants submitted their bids, lowest bid was ITCO Allied at $3,795. Funding for the soil boring study will come from the 2024 Street Improvement Project (Project No. 2024-02) budget. RECOMMENDATION Staff recommends approving the Agreement for work on the Soil Boring Study for the 2024 Street Improvement Project (2024-02). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH ITCO ALLIED FOR THE SOIL BORING STUDY FOR THE 2024 STREET IMPROVEMENT PROJECT (2024-02). �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 15th day of August, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and ITCO Allied Engineering Co., 4029 West 125th St, Savage, MN 55378 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; 2024 Street Project — Soil Borings NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 7/28/23, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Arun Wollenberg to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater ITCO Allied Engineering Co., 216 4th Street North 4029 West 125th St. Stillwater, MN 55082 Savage, MN 55378 Attention: Reabar Abdullah Attention: Arun Wollenberg Or e-mailed: rbdullah@stillwatermn.gov Or emailed: itcoalliedAitcoallied.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk 4 CONTRACTOR ITCO Allied Engineering Co. By: By (Please Print): Title (Please Print): Project Description: 2024 Street Improvement — Soil Borings ITCO ALLIED ENGINEERING CO. AN ALLIANCE OF INSTANT TESTING COMPANY AND ALLIED TEST DRILLING Jobsite and Laboratory Testing, Geotechnical Services Commercial, Residential and Municipal 4029 West 125t" Street, Savage, MN 55378 Telephone:952-890-7366 www.itcoa[lied.com • Fax:952-890-5883 July 28, 2023 Reabar Abdullah City of Stillwater Phone: 651-430-8834 216 4th Street North Email: rbdullah@ci.stillwater.mn.us Stillwater, MN 55082 RE: Proposal for Soil Exploration — 2024 Street Improvement Project - Stillwater We are pleased to submit this proposal for geotechnical engineering services for the above referenced project. This proposal letter presents our planned scope of work and the associated fees for this project. The purpose of our work would be to obtain information regarding subsurface conditions. The project site is on multiple locations throughout Stillwater. We are assuming your companies will layout the boring locations. ITCO Allied Engineering Co. proposes to put down nine 5 feet deep borings, depending on site conditions. The borings would consist of 5 feet of SPT borings with pavement and class 5 depths measured. With this proposal we assume that the project site is accessible for a truck mounted drilling rig about the size of a one -ton truck. If we find that the drilling locations are inaccessible to our drilling rig, we will contact you to discuss other field exploration options. The boring will be sampled using the Standard Penetration Test (SPT) method. SPT borings are recommended because they provide a more accurate soil profile than other types of borings, and they also provide data that can be used to calculate soil -bearing capacities. If laboratory tests are warranted and authorized on selected samples, additional charges would incur. The results of our field exploration program, along with the boring logs and a boring location diagram would be presented in a final engineering report. The fees for our field exploration are presented in the following table. If more or fewer borings, or drilling to a different depth would be required, the costs in the table would be adjusted accordingly at the unit prices listed and actual quantities. Quantity Units Unit Cost Extended Total Mobilization 1 Lump Sum $600.00 $600.00 SPT Borings (5' Borings) 9 Each $150.00 $1,350.00 Pavement Patching 9 Each $25.00 $225.00 Gradation + Atterberg Tests 3 Each Set $250.00 $750.00 Engineering Report 1 Lump Sum $600.00 $600.00 Boring Logs 9 Each $30.00 $270.00 Total Estimated Project Cost $3,795.00 If undocumented fill or poor soils are encountered at the proposed drill site and depths, additional bores and/or laboratory testing may be required to develop an adequate soil profile, additional charges would incur. Prior to proceeding with additional work we would obtain your authorization first. If this proposal is acceptable please sign in the space provided below and return one copy with your original signature. If you have any questions regarding this proposal, or if we can provide additional assistance, please do not hesitate to contact us at (952) 890-5909. ITCO Allied Engineering Company i Arun Wollenberg, Estimator Gordon J Kopacek, P.E. AUTHORIZATION — 2024 Street Improvement Project - Stillwater representing (narne) _ ^_ hereby authorize (company or sell) the above described soils investigation to be performed on the subject property. This authorization provides the right of entry to ITCO Allied Engineering Co. for all required soils investigation work. SIGNATURE DA i water THE BIRTHPLACE OF MINNESOTA DATE: August 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Temporary Liquor License for Stillwater Library Foundation BACKGROUND The Stillwater Library Foundation applied for a Temporary On -Sale Liquor License to be used on the Stillwater Public Library terrace on October 3, 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 Library Foundation for October 3, 2023 contingent upon AGED approval. i water THE BIRTHPLACE OF MINNESOTA DATE: August 10, 2023, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses BACKGROUND Several more applicants have completed submitting their Therapeutic Massage Business application and/or Individual Massage Therapist application items and are ready for approval. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to adopt RESOLUTION 2023- APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSES AND INDIVIDUAL MASSAGE THERAPIST LICENSES to those listed on resolution City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSES AND INDIVIDUAL MASSAGE THERAPIST LICENSES WHEREAS, a request from the following businesses and message therapists have been received for the issuance of a Therapeutic Massage Business License and 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 Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses to the following conditioned upon approval from the Police Department and City Clerk's Office. Business Location Massage Therapist(s) Local Luxury Medspa 232 Main St N Sarah Germain Anne Naber Fuss Over Me 227 Chestnut St E #1 Jenny Chesnut Adopted by the Stillwater City Council this 15th day of August, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: August 15, 2023 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Washington County Community Development Agency Housing Project DISCUSSION The Washington County Community Development Agency (CDA) is requesting support for their purchase of Canvas Health’s property at 6450 Panama Avenue. Nothing will change in regards to the programming provided by Canvas Health, but the Washington County CDA will bring additional resources to the property, especially in regards to capital. RECOMMENDATION Staff recommends Council should support the Washington County CDA’s purchase of 6450 Panama Avenue in Stillwater. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to support the Washington County CDA’s purchase of 6450 Panama Avenue in Stillwater. Washmton Board of Commissioners 1J Fran Miron, District 1 b FYI Stan Ka, District District r County Gary Karla B District 3, Chair Karla Bigham, District 4 BOARD WORKSHOPS Michelle Clasen, District 5 August 15, 2023 - 9:00 AM 9:00 2024 Recommended Budget Workshops 9:00 A. Review the 2024 recommended budget for the Community Corrections Department. 9:45 B. Review the 2024 recommended budget for the Community Services Department. 10:30 C. Review the 2024 recommended budget for Public Health & Environment and University of Minnesota Extension. * Please note: No official county business or votes will take place during Workshop Only meetings. 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