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Home My WebLink About2023-11-21 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING NOVEMBER 21, 2023 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III.PLEDGE OF ALLEGIANCE IV.RECOGNITIONS OR PRESENTATIONS 1.Stillwater Police Department Oath of Duty Presentation – Officer Cassandra Ciupik, Officer Brandon Comiskey and Officer Ronald Dox 2.Proclamation – Stillwater Area High School Mountain Bike Team 3.Council Service Award for Karen Jensen (Utilities Commission) 4.Certificate of Retirement for Kathy Berwald, Payroll/HR Technician – Resolution V.OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI.STAFF REPORTS 5.Public Works Director 6.Police Chief 7.Fire Chief 8.Finance Director 9.Community Development Director 10.City Clerk 11.City Attorney 12.City Administrator VII.CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 13. November 8, 2023 Workshop and Regular Meeting Minutes 14.Payment of Bills 15.Clean Water Fund Water Efficiency Grant Program 16.Liquor and Tobacco License Renewals for 2024 – Resolution 17.Lobbyist Contact Renewal 18.Lumberjack Landing Aiple House Renovation Architecture Services Contract 19.Paid On-Call Firefighters Salary Adjustments – Resolution VIII.PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 20.Assessments for Water Service Line Repairs on Martha Street South – 2 Resolutions IX.UNFINISHED BUSINESS X.NEW BUSINESS – None XI.COUNCIL REQUEST ITEMS XII.CLOSED SESSION 21.Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney-client privileged communication to discuss the White Bear Lake litigation and the potential litigation with DuPont and 3M for the drinking water class actions XIII.ADJOURNMENT <SilhY?A The Birthplace of Minnesota ) No Change to Agenda 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING NOVEMBER 21, 2023 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III.PLEDGE OF ALLEGIANCE IV.RECOGNITIONS OR PRESENTATIONS 1.Stillwater Police Department Oath of Duty Presentation – Officer Cassandra Ciupik, Officer Brandon Comiskey and Officer Ronald Dox 2.Proclamation – Stillwater Area High School Mountain Bike Team 3.Council Service Award for Karen Jensen (Utilities Commission) 4.Certificate of Retirement for Kathy Berwald, Payroll/HR Technician – Resolution V.OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI.STAFF REPORTS 5.Public Works Director 6.Police Chief 7.Fire Chief 8.Finance Director 9.Community Development Director 10.City Clerk 11.City Attorney 12.City Administrator VII.CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 13. November 8, 2023 Workshop and Regular Meeting Minutes 14.Payment of Bills 15.Clean Water Fund Water Efficiency Grant Program 16.Liquor and Tobacco License Renewals for 2024 – Resolution 17.Lobbyist Contact Renewal 18.Lumberjack Landing Aiple House Renovation Architecture Services Contract 19.Paid On-Call Firefighters Salary Adjustments – Resolution VIII.PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 20.Assessments for Water Service Line Repairs on Martha Street South – 2 Resolutions IX.UNFINISHED BUSINESS X.NEW BUSINESS – None XI.COUNCIL REQUEST ITEMS XII.CLOSED SESSION 21.Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney-client privileged communication to discuss the White Bear Lake litigation and the potential litigation with DuPont and 3M for the drinking water class actions XIII.ADJOURNMENT r ii/water ~, ~ The Birthplace ot Minnesota ) City of Stillwater, Minnesota Mayor Proclamation WHEREAS, Stillwater Area High School Mountain Bike Team won their sixth consecutive Divison 1 State Championship at Mount Kato mountain bike park in Mankato, Minnesota; and WHEREAS, A team’s average score and points in the final race determine the final standings as Stillwater outlasted Duluth East, 8,485‐ 8,182.3 for the title; and WHEREAS, Stillwater Middle School finished second at Mount Kato which assisted the overall points from both divisions; and WHEREAS, Stillwater crowned three individual state champions this season and several additional top‐10 finishes in the standings; and NOW THEREFORE, I, Ted Kozlowski, Mayor of the City of Stillwater, do hereby proclaim November 22, 2023 as ~ SAHS Mountain Bike Team Day ~ IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 21st day of November, 2023. Stillwater Fire Department S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Karen Jensen For over 7 years of service as a member of the Board of Water and Commissioners & Utilities Commission and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: November 21, 2023 STILLWATER CITY COUNCIL SERVICE AWARD cS•iftwater ~-~~~ ',- T H E B I R T HP L A Ct O f M I NNE S O T A ) City of Stillwater, Minnesota Mayor Resolution 2023‐158 Kathy Berwald WHEREAS, Kathy Berwald is resigning from her position as Payroll/HR Technician for the City of Stillwater, effective January 2, 2024. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for her service to the City of Stillwater, Kathy is hereby commended for faithful, efficient and courteous serving the City and our citizens for nearly 25 years. The Council extends their appreciation for her dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to Kathy Berwald. Adopted by the City Council this 21st day of November, 2023. 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES November 8, 2023 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Natural Resource Technician/Arborist Coyne St. Croix Recreation Center Manager Brady Library Director Troendle OTHER BUSINESS Recreation Center Expansion Feasibility Update Community Development Director Gladhill summarized a request from multiple stakeholder groups to discuss options to expand the St. Croix Valley Recreation Center. The assumption is that the project would be funded by a split of State bonding dollars and private capital fundraising dollars. A financial pro-forma indicates that operating revenue will cover operating expenses. However, when factoring in depreciation, there is a risk that the expansion would operate at a deficit of approximately $100,000. Staff believes the level of risk is reasonable and recommends that the Council affirm its support for a Capital Fundraising Campaign based on the updated materials. The stakeholder group, including the Curling Center, is seeking confirmation that they may commence capital fundraising. Councilmember Junker pointed out there is no debt service in the pro-forma. The biggest unknown is how much revenue a restaurant would bring. The expansion could cost $26-46 million depending on fundraising and State bonding. Mayor Kozlowski stated the pro-forma shows that if done right, this could be feasible. Councilmember Odebrecht agreed, however for the record he would like the minutes to show he will not vote for something that does not operate in the black, and right now it does not look like it would operate in the black. Mr. Gladhill stated the deficit from factoring in depreciation could be made up either through running in the positive in existing operations that could even out, or fundraising above and beyond the initial capital that accounts for future depreciation. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting November 8, 2023 Page 2 of 8 Mayor Kozlowski remarked that a $20-$40 million facility, that costs the City $120,000 a year to operate, seems a small price to pay for an amazing amenity. Councilmember Polehna stated he understands the risks, but sees an economic benefit for the whole community. He also views it as an opportunity to improve the parking lot. Mr. Gladhill noted the parking lot could be improved as a standalone project. Council direction is not needed at this point; the project is back on the stakeholders for fundraising. Hazardous Building Determination at 1309 3rd St S City Attorney Land stated that City staff is requesting that the Council initiate a 463 action to remove a hazardous garage and retaining wall, located at 1309 3rd Street South owned by Richard A. Ames, Robert M. Ames, and Cheryl E. Ames. Attorney Aaron Price explained the 463 process. He summarized findings of a City inspection in June 2023, when the Building Official concluded that the garage and retaining wall are hazardous structures. A portion of the retaining wall crosses over the property line of 1314 2nd St S. The Code Enforcement Officer was informed by the neighboring property owner on 2nd Street that he attempted to work with Mr. Ames on both the retaining wall and the garage, but Mr. Ames did not express interest in finding a timely solution to the problems. When the Code Enforcement Officer sent Mr. Ames a copy of MN Statute §463 and relevant portions of City Code, Mr. Ames expressed an interest in trying to address the hazardous conditions. In September he informed the City there is a lot of work being done to the residence and an architect was hired to design a new garage, but nothing was done to the garage or rear yard retaining wall at that point. The order calls for the removal or repair of the retaining wall and removal of the garage by December 31, 2023. If they fail to do so, the City would file an order in District Court, obtain a judgment and assess the property the cost of doing the work. Councilmember Polehna asked if it is a joint retaining wall, why is the City trying to force one of the residents to take care of the whole problem;and City Attorney Land replied that the long part of the wall is owned by 1314 Second Street, so the 1309 owner can do nothing about that, he can only repair the 1.8 feet that is on his property, but he has to trespass on 1314 to get to it, so they need to work together to repair the wall. If the Council orders the 463 process, they will be forced to work together with the Building Official. The garage must be demolished first. Councilmember Junker commented that March to November seems like a long time to act on a dilapidated building that is very hazardous, and Ms. Land agreed that code enforcement usually is a long process due to all the steps involved. The property owner gave a history of work her parents have done on the home, and her mother’s deteriorating health prior to her passing in February. She stated that Bob has been working to get things accomplished. They will remove the garage, but they need more time. Another family member reiterated the impacts of her mother-in-law’s sickness and death, and stated they are willing to work with the neighbor, but must prioritize. She stated the structural engineer was not present for the inspection and when the official assessor assessed the garage property, they were not there because they were not notified. They have been working on painting and electrical work in the home. She showed a picture of the neighbor’s garage with a falling roof. City Council Meeting November 8, 2023 Page 3 of 8 Ms. Land indicated that the neighbor’s garage is next up for potential action by the City. Mayor Kozlowski told the property owners this work must be their top priority. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2023‐149, Resolution and Order to Raze and Remove the Hazardous Structures Located at 1309 3rd Street South. All in favor. Emerald Ash Borer Presentation Natural Resource Technician Coyne gave an update on the Emerald Ash Borer, which has killed 30-40% of the ash trees in Stillwater. He gave an overview of management options and costs. The City currently spends about $30,000 every two years to treat trees. Another option is removal and replacement which costs $1,650 per tree. For 291 trees, the cost would be $480,000. The City can educate and empower citizens to be the eyes and ears of the forestry department. There also are many grants available to help manage the problem. Affordable Housing Policy Work Plan Request Councilmember Odebrecht gave a presentation on developing an Afford able Housing Policy. Of roughly 8,000 homes in the City, only about 300 of them are affordable to those who make 30% or less of the area median income. However, 51% of households in Stillwater fall below the 30% threshold. He led discussion on existing resources, potential projects and partnerships, and affordability thresholds. The Comprehensive Plan states that the City should have a housing action plan by 2022, but it is not done yet. The MN Legislature has dedicated an additional $1 billion in their biennium budget, which presents an opportunity for Stillwater. He recommends creating a citizen team to make a recommendation to the City and to Washington County. Consensus of the City Council was to move forward with the program. STAFF REPORTS Public Works Director Sanders stated the 72nd Street trail is done. Washington County will hold an open house November 16 on the 58th Street/Manning Avenue project. Neighborhood meetings on the 2024 Street Project will be held November 28 and 30. Staff is working with a consultant on a request for a $1.5 million grant for Myrtle Street. Police Chief Mueller reported that the Pink Patch fundraiser raised $3,325. There is a missing children awareness display in the Police Department lobby. The department is doing retail theft education for businesses and residents. Fire Chief Glaser gave updates on staffing, upcoming events and holiday safety tips. The Department is supporting high school teams. Community Development Director Gladhill stated two new staff members started this week. City Clerk Wolf gave an election update and thanked all who assisted. City Attorney Land stated another demolition case will be coming in December. City Administrator Kohlmann gave project updates and stated the City’s Facebook page reached over 1 million hits in October. City Council Meeting November 8, 2023 Page 4 of 8 Library Director Troendle reported on Congresswoman Betty McCollum’s visit and other activities. RECESS Mayor Kozlowski recessed the meeting at 6:20 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 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 Fire Chief Glaser Planning Manager Gutknecht Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Municipal Separate Storm Sewer System (MS4) Reporting Annual Meeting Rebecca Hauge, WSB Project Manager, gave the annual presentation on the City’s MS4 permit compliance. She explained activities included in the minimum control measures to keep only rainwater going into the stormwater system. Certificate of Appreciation for Dawn Thoren, Administrative Assistant Mayor Kozlowski presented a Certificate to Dawn Thoren for serving the City for 9+ years. OPEN FORUM There were no public comments. CONSENT AGENDA October 17, 2023 Regular Meeting Minutes Payment of Bills All Hazard Mitigation Plan to Maintain FEMA Grant Eligibility – Resolution 2023‐150 Appointment to Human Rights Commission and Parks and Recreation Commission Deferred Assessment for 2023 Street Improvement Project – Resolution 2023‐151 Downtown Stillwater Holiday Lights Agreements Employer Paid Covid-19 Leave for 2024 – Resolution 2023‐152 Fee Schedule Amendment for Credit Card Fees - Resolution 2023‐153 City Council Meeting November 8, 2023 Page 5 of 8 Fire Department Purchase Request for Fire Truck Apparatus Hwy 95 Monument Sign Design Services Contract Agreement LRIP Lakeview Easement Acquisition – Resolution 2023‐154 Myrtle Street Reconstruction Project Funding Support – Resolution 2023‐155 Rivertown Commons Request for Letter of Support for Financing Applications Therapeutic Massage Business and Individual Massage Therapist Licenses – Resolution 2023‐156 Well House #12 Pump Repair Project Contract Agreement 2024 Street Improvement Project Traffic Study Agreement Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2022‐19 to consider an appeal to variance denial for yard setbacks for an apartment building located at 107 3rd St N. Mr. Gladhill explained that the developer applied for a setback variance in order to add balconies. The Heritage Preservation Commission believed that the introduction of balconies will improve the design of the proposed building. However, the Planning Commission unanimously denied the variance because the applicant failed to meet the practical difficulty test. The applicant has appealed the denial. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to uphold the denial of the variance to yard setbacks for a building located at 107 3rd St N. All in favor. Ordinance Amendment to establish a special service district in the Downtown Stillwater area for purposes of imposing a service charge within the district – Ordinance 2nd Reading & Resolution City Administrator Kohlmann reviewed efforts to engage downtown business owners regarding the creation of a Special Service District, a defined area within the City where special services are rendered and the costs of the special services are paid from revenues collected from service charges imposed within that area. 102 commercial properties are proposed to receive a $500 Special Service Charge per commercial building. The anticipated $51,000 annual revenue will be allocated to the district in various services and improvements. An advisory committee of 5-9 commercial property owners will recommend how the funds shall be used. The committee will be created in early 2024. Mayor Kozlowski opened the public hearing. Larry O’Connor, Larry’s Floor Covering, spoke in opposition to the Special Service Charge. He feels it will not benefit him as a business owner on a side street. He does snow removal better than the City will do it. Mayor Kozlowski responded that the City is not allowed to exempt a particular property. He believes the Special Service District will benefit Mr. O’Connor’s business. Mayor Kozlowski closed the public hearing. City Council Meeting November 8, 2023 Page 6 of 8 City Administrator Kohlmann stated vendors would be hired to do whatever is required downtown whether shoveling snow, removing snow, etc. Councilmember Polehna questioned the idea of removing snow for the businesses. He thought this was more for the amenities like maintaining the bathroom buildings. Mayor Kozlowski clarified this is for services above and beyond what the City already provides. Councilmember Junker noted that people are coming to Stillwater like never before to enjoy the amenities. The levy dollars that the City collects from commercial buildings and residents do not keep up with the needs brought about by the high number of people who visit downtown. The City is looking for a strong partnership with the downtown property owners, who will make the recommendation annually to the City on how they want to spend that $51,000 to make Stillwater great every day. Councilmember Odebrecht commended Administrator Kohlmann, Councilmember Junker and downtown businesses, saying this is a really clear commitment from the Chamber and businesses to continue to maintain and beautify downtown. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Ordinance No. 1207, an Ordinance Enacting Stillwater City Code Chapter 56, Section 6 - Special Service District, and to adopt Resolution 2023‐157, Resolution Authorizing the Imposition of a Service Charge to the Stillwater Special Service District. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Drive-Through Request in Neighborhood Commercial District Planning Manager Gutknecht reported on a request to allow a drive-through at Art’s Coffee located at 920 Olive Street West. An amendment to City Code would be required. The Planning Commission concluded that they would be disinclined to entertain a Zoning Text Amendment to allow drive-throughs in the Neighborhood Conservation District due to traffic concerns both on site and pressures to local streets, and that drive-throughs would likely be an incompatible neighboring use with the residential properties. Mayor Kozlowski agreed with concerns about putting extra stress on the intersection. Councilmember Junker remarked that neighborhood commercial areas are intended to remain walkable and not automobile-centric. A drive-through lane changes the traffic flow within the parking lot and in the neighborhood. Consensus of the Council was not to pursue a Zoning Text Amendment. Zoning Map Amendment to rezone from Agricultural Preserve District to CTHR (Cove Townhouse Residential District for a Townhouse Development (Sundance Stillwater) - Ordinance 1st Reading Mr. Gutknecht explained the case. The City received an application from Timberland Partners for a Zoning Map Amendment, Preliminary Plat, and Final Plat to facilitate the City Council Meeting November 8, 2023 Page 7 of 8 development of a 179-unit townhome development at the southeast intersection of Manning Avenue and 80th St N (also connects to Boutwell Road N). The City Council reviewed an earlier concept of this plan in the spring and summer of 2023. Council noted concern with the original concept as it did not conform to all requirements in an existing available medium density zoning district, nor did it meet required building setbacks to public roadways. The applicant has submitted an updated proposal that appears to be consistent with an existing medium density zoning district, indicates compliance with required setback requirements, has increased the net developable area by 5.31 acres with inclusion of an additional lot, increased the number of physical buildings from 14 to 17, but has decreased overall density from 10.82 units per acre to 7.95 units per acre. At tonight’s meeting the City Council will only be acting on the Zoning Map Amendment request. The Preliminary and Final Plat action will be taken at the same time as the Zoning Map Amendment’s second reading. The Planning Commission held a public hearing and recommends approval of the Zoning Map Amendment, the Preliminary and Final Plat. The Planning Commission’s approval was for the updated Preliminary Plat, showing two site access points on Boutwell Road/80th Street. Based on guidance of the Comprehensive Plan, staff finds it appropriate to approve the request as presented. Councilmember Junker asked about private versus public streets in this development; and Mr. Gutknecht replied they will be public roads. Councilmember Odebrecht noted the roads are narrow and asked if Public Safety is comfortable with this plan; and Fire Chief Glaser replied Public Safety staff were involved in plan review and the roads meet the requirements of City Code. Councilmember Polehna pointed out the Ag Preserve classification is only a holding zoning district intended to hold land for future development as determined by the City. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve first reading of an Ordinance Amending Chapter 31, Article 3, Section 31-311, of the City Code of the City of Stillwater Regarding Cove Townhouse Residential Zoning. All in favor. COUNCIL REQUEST ITEMS Mayor Kozlowski noted Councilmember Polehna will be receiving an award for his commitment to servicemembers at the Lake Elmo Prayer Breakfast November 9. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:54 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City Council Meeting November 8, 2023 Page 8 of 8 Resolution 2023‐149, Resolution and Order to Raze and Remove the Hazardous Structures Located at 1309 3rd Street South Resolution 2023‐150, Resolution Adopting the 2023 Washington County All-Hazard Mitigation Plan Resolution 2023‐151, Adopting Deferred Assessment for 2023 Street Improvement Project (Project 2023-02, L.I. 436.2) Resolution 2023‐152, Approving Employer Paid COVID-19 Leave for 2024 Resolution 2023‐153, Resolution Amending Resolution 2022-172 to Establish Merchant Credit Card Processing Fee Resolution 2023‐154, Resolution Authorizing Easement Acquisition for the Installation of Utilities in the Northeast Corner of the Intersection of Manning Avenue North and State Highway 36 in Stillwater, Minnesota Resolution 2023‐155, Resolution Authorizing the Pursuit of 2023 Local Road Improvement Program Funding for the Myrtle Street Reconstruction Project Resolution 2023‐156, Approving Issuance of New Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses Resolution 2023‐157, Resolution Authorizing the Imposition of a Service Charge to the Stillwater Special Service District Ordinance 1207, an Ordinance Enacting Stillwater City Code Chapter 56, Section 6 - Special Service District DATE: November 21, 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 $570,020.53 has been sent to the Mayor and City Council Members to approve for payment. DATE: November 21, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: 2022-24 Clean Water Fund Water Efficiency Grant Program DISCUSSION In 2022, the City received a grant from the Metropolitan Council Environmental Services (MCES) Water Efficiency Grant Program in the amount $25,000. This program offers rebates to Stillwater residents who install Energy Star washing machines, W ater Sense toilets and irrigation controllers that reduce water consumption. The program began in July 2022 and runs through June 2024. Through the first fifteen months of the program, $19,000 has been distributed leaving, $6,000 for the remaining nine mon ths. Due to the success of the program, a request was made to MCES for an additional $10,000 to get us through the program. MCES was provided a grant amendment form to receive the additional $10,000 and requires Council approval. RECOMMENDATION Staff recommends that Council approve Grant Amendment Form for the 2022 -24 Clean Water Fund Water Efficiency Grant Program. ACTION REQUESTED If Council agrees with the recommendation, they should pass a motion approving the 2022-24 Clean Water Fund Water Efficiency Grant Program Grant Amendment Form. 5 EXHIBIT C Revision # METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES 2022-2024 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM GRANT AMENDMENT FORM NOTICE TO GRANTEE: Submission of this form is required to modify your city’s agreement with Metropolitan Council Environmental Services (MCES) 2022-2024 Clean Water Fund Water Efficiency Grant Program (Grant Program). After determination of your city’s initial grant amount, completion and submission of this form is necessary when 1)you are requesting additional grant funds to meet unexpected rebate or grant demand, or 2) when your city has determined that the previously approved program’s rebate or grant demand will not be met, requiring less grant funds than anticipated when the agreement was signed. The process for modifying your agreement is as follows: 1.Your City’s authorized representative submits one signed copy of Exhibit C to MCES, with an attachment itemizing requests for changes to prior granted amounts. 2. Upon receipt of signed Exhibit C, MCES Program Administrator obtains Council authorized signatures that modifies the agreement and returns a fully signed copy of Exhibit A indicating new grant amount to City’s designated authorized representative. --------------------------------------------------------------------------------------------------------------------------------- Instructions: Indicate the date of your change request in #1 box. Indicate the number of this particular change request in #2 box (and in box at top of page – must match). Enter the current grant agreement amount (as MCES approved) in #3 box. If you wish to increase your municipality’s grant amount, enter the amount you are requesting in #4 box. If you wish to decrease your grant amount due to less demand than anticipated, enter the amount in #5 box. Enter in #6 box the amount derived from adding #3 to #4 or derived from subtracting #5 from #3. Grant Agreement # 1. Date of change request: 2. Change request number: 3. Current Grant Agreement Amount (as MCES approved): 1 SG-17792 11/13/2023 1 $25,000 6 4.Increase due to request for additional funding: 5. Decrease due to less demand: 6.Amended Grant Agreement Amount requested: CITY NAME:______________________________________________________________________________ CITY AUTHORIZED REPRESENTATIVE (signature and date): MCES PROGRAM ADMINISTRATOR APPROVAL (signature and date): __________________________________________________________________________________________ COUNCIL AUTHORIZED SIGNATURE AND DATE __________________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- Questions may be directed to the MCES Authorized Representative: HenryMcCarthy MCES EnvironmentalScientist 390 Robert Street North St. Paul, MN 55101-1805 Phone: (651) 602-1946 Email: henry.mccarthy@metc.state.mn.us $10,000 - $35,000 CityofStillwater 11/13/2023: DATE: November 17, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Liquor and Tobacco License Renewals for 2024 Renewal applications for liquor and tobacco licenses have been received from the businesses listed on the attached resolution.Final application materials are being collected and background checks are being conducted. Once approved, applications will be sent to Minnesota Alcohol Gambling Enforcement Division (AGED) for final liquor license approval and to Minnesota Department of Revenue for tobacco sales. AGED approvals for liquor licenses are required before staff can issue the license to the establishment. RECOMMENDATION Staff recommends approval of the liquor and tobacco licenses contingent upon receiving completed application materials and satisfactory investigation. ACTION REQUIRED If Council concurs with staff recommendation, they should pass a resolution approving the renewals of liquor licenses and tobacco license for 2024. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx APPROVING RENEWALS OF LIQUOR LICENSES AND TOBACCO LICENSES FOR 2024 WHEREAS, application for liquor and tobacco license renewals have been received by the businesses listed below; and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor and/or tobacco license according to the City of Stillwater, State of Minnesota Alcohol & Gambling Enforcement Division and Washington County Public Health and Environment. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewals of the businesses listed below with their respective licenses, as contingent above: DBA (Doing Business As) Licensee Name License Type(s) 3rd Street Post 3rd Street Post LLC On Sale; Sunday Acapulco Mexican Restaurant Acapulco of Stillwater Inc. On Sale; Sunday BP Gas Inc. BP Gas Inc. Tobacco Brian’s Two Brians, LLC On Sale; Sunday Brick and Bourbon Brick and Bourbon Stillwater, LLC On Sale; Sunday Cellars Wine & Spirits Northern Spirits Stillwater LLC Off Sale; Tobacco Cub Foods SuperValu Inc. 3.2% Off Sale; Tobacco Cub Wine and Spirits #1664 SuperValu Inc. Off Sale; Tobacco Devil's Advocate Stillwater Empire Hospitality LLC On Sale; Sunday Domacin Wine Bar Domacin LLC On Sale; Sunday; Off Sale Forge and Foundry Distillery Forge and Foundry Distillery Company On Sale Cocktail Room; Sunday; Off Sale Freight House Freight House LLC On Sale; Sunday Harbor Bar EKS Inc. On Sale; Sunday; Tobacco Haskells Haskells Inc. Off Sale; Tobacco Holiday Stationstores #442 Holiday Stationstores, LLC Tobacco Howard’s Bar Howards Bar Inc. On Sale; Sunday JX Event Venue JX Event Services LLC On Sale; Sunday Kwik Trip #415 Kwik Trip, Inc. Tobacco Liberty Village Wine & Spirits Liberty Village Wine and Spirits, Inc. Off Sale; Tobacco Lift Bridge Brewing Company Lift Bridge Brewing Technologies, LLC Micro Brewer Off Sale; On Sale Taproom; Sunday Lolito Cantina MAV Hospitality, LLC On Sale; Sunday LoLo American Kitchen LoLo American Kitchen LLC On Sale; Sunday Lora/Feller/The Long Goodbye/MADE Elevage Hotel Group, LLC and Elevage Management Group LLC On Sale; Sunday; Off Sale Lora Event Center Elevage Hotel Group II, LLC On Sale; Sunday Lowell Inn St. Croix Boat and Packet Co. On Sale; Sunday Mad Capper Mad Capper Saloon and Eatery Inc. On Sale; Sunday Match Stick Restaurant 232, LLC On Sale; Sunday; Off-Sale Meister’s Bar and Grill Meister’s Bar & Grill of Stillwater, Inc. On Sale 2 DBA (Doing Business As) Licensee Name License Type(s) Melt Pizza Company ACG Hospitality LLC On Sale; Sunday Mon Petit Cheri Mon Petit Cheri, LLC Wine w/Strong Beer Nacho Mama’s VDR Inc. On Sale; Sunday Neighbor Stop E and K Convenience, Inc. Tobacco No-Neck Tony’s TJ Stillwater, LLC On Sale; Sunday Norman Quack Otherguys, LLC On Sale; Sunday North Hill Liquor North Hill Liquor Ltd. Off Sale; Tobacco Oak Glen Oak Glen Limited Partnership On Sale; Sunday Oasis Cafe, Inc. Oasis Cafe Inc. On Sale; Sunday O’Brien Wine & Spirits O’Brien Wine & Spirits Off Sale; Tobacco Osaka Express Osaka Express Inc. On Sale; Sunday P.D. Pappy’s Beach Blanket Bingo Inc. On Sale; Sunday Patriots Tavern Roman Market, Inc. On Sale; Sunday Portside Stillwater Holdings LLC On Sale; Sunday River Siren Brewing Company River Siren Brewing Company LLC Micro Brewer Off Sale; On Sale Taproom; Sunday Rivertown Inn Rivertown Inn, LLC On Sale Wine So What Wine Mistral Wine LLC Off Sale Still Tobacco Northgate, Inc. Tobacco Stillwater Country Club Stillwater Country Club Inc. Club, Sunday Stillwater Event Center Stillwater K.C. Hall, Inc. On Sale; Sunday Stillwater Proper Stillwater Proper LLC On Sale; Sunday Stillwater Smoke Shop Plus KMH Retail Inc Tobacco Thai Basil Thai Basil, Inc. On Sale; Sunday The Dock Koch Companies On Sale; Sunday The Grand St. Croix Boat and Packet Co. Wine w/Strong Beer The Lodge The Lodge at Stillwater, LLC On Sale; Sunday The Loft at Studio J The Loft of Studio J LLC On Sale; Sunday The Lumberjack The Lumberjack Company On Sale; Sunday The Lumberyard The Edge Performance Hockey Training Center Wine w/Strong Beer The Velveteen The Velveteen LLC On Sale; Sunday The Wild Hare Rusty Mile LLC On Sale; Sunday To Go Amoco Stillwater BP Inc. Tobacco Water Street Inn DBD Partners Inc. On Sale; Sunday; Tobacco You and Me Café You and Me Café On Sale; Sunday Ziggy's On Main Stardust Endeavors LLC On Sale; Sunday Adopted by Council this 21st day of November, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: November 21st, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: Lockridge, Grindal, Nauen Contract Renewal Overview Attached is a renewal for lobbying services for Lockridge, Grindal, Nauen. A two year renewal is being proposed. New language added to the renewal is below: Lockridge Grindal Nauen (LGN) will provide state government relations services to the City of Stillwater. These services include ongoing strategy sessions, hearing preparation, bill drafting, preparing for testimony, meetings with local legislators, key legislators and legislative committee chairs, legislative leaders, legislative staff, Governor's office, executive staff and partners. LGN will advance the City of Stillwater's legislative funding and policy priorities at the Minnesota State Capitol as directed by the City. LGN will assist with agenda development and will design and implement legislative strategy. LGN will hold bi‐weekly calls with the City Manager throughout the legislative session and monthly calls during the interim. LGN will attend and present at City Council workshop meetings as requested by the City Manager. Recommendation Motion to approve the two year renewal with Lockridge, Grindal, Nauen. LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT, made and entered into by and between City of Stillwater (“Client”) and LOCKRIDGE GRINDAL NAUEN P.L.L.P. (“Consultant” or “LGN”) (collectively the “Parties”). W I T N E S S E T H WHEREAS, Client, wishes to purchase the services of Consultant to assist Client in monitoring, reporting, and lobbying related to certain state legislative and administrative matters; NOW, THEREFORE, in consideration of the mutual undertakings and promises hereinafter set forth, Client and Consultant agree as follows: 1. CONSULTANT SERVICES Consultant shall provide, in coordination with Client’s officers, committees and staff, the services listed in Exhibit A hereto. If additional services, projects or work is agreed upon by both Consultant and Client, fees for such additional services, project or work will be negotiated and mutually agreed upon in writing prior to the performance of additional services, projects or work. 2. TERM AND TERMINATION 2.1 Term. The term of engagement for the services provided shall be January 1, 2024 - December 31, 2025, subject to termination as provided in Section 2.2. 2.2 Termination. This Agreement may be terminated prior to its expiration only as follows: 2.2.1 Upon the written mutual agreement of the Parties hereto; 2.2.2 By either Party upon sixty (60) days written notice to the other Party. 2.2.3 In the event of termination, fees owed by the Client shall be prorated as of the date of termination. 3. COST OF AND PAYMENT FOR SERVICES 3.1 Fees. In consideration of services performed as specified in Section 1 and Exhibit A of this Agreement, Client shall pay Consultant the professional fees in the amount of $40,000 payable in twelve (12) equal installments of $3,333.33 per month for each year 2024 and 2025 commencing January 1, 2024. 3.2 Costs. In addition to payment for professional fees, Client shall pay Consultant for all reasonable incidental expenses incurred by Consultant on Client’s behalf. 3.3 Payment. Payment for professional fees and expenses shall be made to Consultant upon submission by Consultant to Client of invoices for services rendered and expenses incurred and Client shall pay Consultant by the dates listed above. 4871-9310-1428, v. 1 4. INDEPENDENT CONTRACTOR Consultant shall select the means, method, and manner of performing the services herein. Consultant is and shall remain an independent contractor with respect to all services performed under this Agreement. 5. COMPLETE AGREEMENT The Parties each agree and understand that this Agreement, including all Exhibits hereto, constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous oral understandings or agreements with respect to the subject matter hereof. 6. AMENDMENTS AND WAIVERS This Agreement may not be amended, altered, enlarged, supplemented, abridged, or modified, nor can any provision hereof be waived, except by a writing executed by both Parties which shall be attached hereto. Failure of any Party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision nor of the right to enforce such provision. 7. NOTICES All notices, demands, and requests permitted or required to be given under this Agreement shall be in writing and deemed given when mailed by the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the address of the appropriate Party as provided herein. IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement this day of , 2023. ADDRESS: 216 North Fourth Street Stillwater, MN 55082 ADDRESS: Suite 2200 100 Washington Avenue South Minneapolis, MN 55401 CLIENT: City of Stillwater By:________________________________ Its:_________________________________ CONSULTANT: LOCKRIDGE GRINDAL NAUEN P.L.L.P. By: Harry Gallaher Its: Managing Partner 4871-9310-1428, v. 1 EXHIBIT A Lockridge Grindal Nauen (LGN) will provide state government relations services to the City of Stillwater. These services include ongoing strategy sessions, hearing preparation, bill drafting, preparing for testimony, meetings with local legislators, key legislators and legislative committee chairs, legislative leaders, legislative staff, Governor's office, executive staff and partners. LGN will advance the City of Stillwater's legislative funding and policy priorities at the Minnesota State Capitol as directed by the City. LGN will assist with agenda development and will design and implement legislative strategy. LGN will hold bi-weekly calls with the City Manager throughout the legislative session and monthly calls during the interim. LGN will attend and present at City Council workshop meetings as requested by the City Manager. DATE: November 21, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: Lumberjack Landing Aiple House Renovation Architectural Services Contract BACKGROUND This past summer, staff began working with HCM Architects on conceptual designs for renovating the existing residential home in Lumberjack Landing Park. The resulting outcome from the conceptual designs, was a renovated building with a picnic shelter, non-motorized boat storage and educational space. The preliminary construction estimate for renovation is estimated at $1.3M. Other costs such as sanitary service extension and Audio visual I/t cabling and contingences may add another 10%. The next step is to start working on the final design of the plans and specifications. HCM Architects submitted a quote of $128,500 for this work. Architect services for the renovation would be funded through monies set aside for the Lumberjack Landing Project in the Permanent Improvement Fund. RECOMMENDATION Staff recommends approving the contract for architectural Services for the Lumberjack Landing Aiple House Renovation with HCM Architects. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT WITH HCM ARCHITECTS FOR LUMBERJACK LANDING AIPLE HOUSE RENOVATION. 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 21 day of November, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Hagen, Christensen & McILwain Architects, 4201 Cedar Ave. S, Minneapolis, MN 55407 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: Aiple House Renovation 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 in the following documents: i. A proposal dated 10/24/23, incorporated herein as Exhibit A; b. Consultant 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. 2. PAYMENT. a. City agrees to pay and Consultant 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 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 is identified in the Exhibits. 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. (Stillwater ~~ -' The Birthplace of Minnesota .) 2 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 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 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. 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, unless specifically provided for in the Exhibits. 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 Shawn Sanders, to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Tim McILwain, 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 the designated staff without the approval of the City. 10. INDEMNIFICATION. 3 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: Shawn Sanders Or e-mailed: ssanders@ci.stillwater.mn.us If to Consultant: Hagen, Christensen & McILwain Architects 4021 Cedar Ave. S Minneapolis, MN 55407 Attention: Tim McILwain Or e-mailed: McIlwain@hcmarchitects.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as 4 employees of Consultant or as independent contractors of Consultant 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 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. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 5 Hagen, Christensen & McILwain Architects By: Its: Date: Project Description: Aiple House Renovation Hagen, Christensen & McILwain Architects 4201 Cedar Avenue S. | Minneapolis, MN 55407 | 612.904.1332 | HCMarchitects.com Hagen, Christensen & McILwain Architects October 24, 2023 Mr. Shawn Sanders, Director of Public Works City of Stillwater, MN 216 4th St N. Stillwater, MN 55082 Re: Aiple House Renovation – Design Development, Construction Documents & Construction Administration Design Consulting Services Fee Proposal Dear Shawn: Thank you for requesting this Design Consulting Services Fee Proposal from HCM Architects to continue our work on the renovation of the existing Aiple House in Lumberjack landing Park in Stillwater, MN. . We look forward to providing the design development, construction documents and bidding / construction administration services as this project moves forward. As we discussed, HCM Architect’s Design Team will provide full architectural, interior design, structural engineering, and MEP Engineering design services for the full renovation of the Aiple House into a Trailhead Facility. The Project will be bid and contracted in a public bid process. Our proposal is broken into (3) Phases of; 50% CD’s, 100% CD’s and Bidding/Construction Administration services to allow the City to continue with the Project through construction or put it on hold after the first two Phases due to priorities or budgeting. The basis of the design will be Option A.1 as developed in the Schematic Design phase of the project (see attached) with the change that the Pavilion Space will become a heated year-round activity space. Quite simply, we would love to continue our work with you on this exciting Project. What follows is our detailed understanding of the project and our anticipated services with proposed fees. We greatly appreciate this opportunity to provide you our professional design services. If you have questions regarding this proposal, please do not hesitate to give us a call, text, or email. Sincerely, Tim McILwain, AIA Matthew Lysne, AIA, NCARB \ ' ~' "A 7\ VY' \J '1ltL Page 2 of 5 A. Project Understanding: 1. Our understanding of the Project is based on our Concept/Schematic Design work completed to date. 2. Option A (Paddle Sports Trailhead Facility Option) was selected by Stillwater staff and Council as the direction the renovation should take. Comments to the Concept/schematic design that should be accommodated in the design include: - The Open-Air Shelter should be a space that is able to be enclosed and heated. Possibly in-floor heat system since the concrete slab will need to be new due to removal of existing swimming pool structure. - The NPS has indicated that they would like to staff the site and would like to have a designated area to have an information cart/kiosk. The cart/kiosk would be a mobile unit (power required) that need to be stored in a space when not in use. - The small Servery and eating space is desired but possibly have a way to close off so public cannot access at all times. This is to be discussed further during the design. 3. The City is currently working with HKGI to develop site improvements, site designs and the detailed drawings for the site improvements for Lumberjack Landing Park. HCM understands that we will need to work in concert with HKGI during the Programming and Conceptual Design of the Aiple House to develop a comprehensive and coordinated Park Design that meets the strict criteria established for the development of the property.. 4. The goal is to have construction of the site work to occur in 2024 with a probable construction start for the House to be late 2024/early 2025. The Schematic Design Package is attached and will be considered the basis for the design and direction of our work.. B. Project Work Scope & Deliverables Programming, Concept/Schematic Design: (Work Scope Completed) Phase 1 - 50% Construction Documents & Detailed Cost Estimates: Scope of Work: - Develop the Building Plans, Exterior Elevations & Building Sections - Develop structural system designs - Develop MEP systems designs - Develop finish plans, FFE plans and required interior elevations. - Develop interior & exterior material & finish selections - Investigate all pertinent codes, safety regulations – meet with City Building Officials to confirm life safety and accessibility requirements. - Present the Project at Park Board and City Council meetings - Develop 50% CD Package for review/approval and cost estimating purposes - Develop a detailed Cost Estimate based on the 50% CD Set. Design Team & Roles Primary Responsibilities Architectural (HCM Architects) Project Manager /Design/Documentation Interior Design (Isola Design) Design/Documentation Structural (ERA Engineering) Structural Design Mechanical (Emanuelson Podas Engineers) Project Mechanical Engineer HVAC, Plumbing & Fire Protect. Systems Electrical (Emanuelson Podas Engineers) Project Electrical Engineer Power and Lighting Systems Cost Estimating (Loeffler Consulting) Detailed Cost Estimate Page 3 of 5 Building Design Team Deliverables for this Phase: - 50% CD Package including drawings and narratives for: - Architectural - Interior Finishes - Structural - Mechanical (HVAC & Plumbing) - Electrical - Detailed Building Construction Cost Estimate. - Project meeting attendance and minutes (Assume 4 meetings) - Understanding of local and state jurisdiction requirements. - Presentation materials for Park Board and City Council meetings Phase 2 - 100% Construction Documents: Scope of Work: - Meetings (assume 4 meetings) with the City and Project Design Team to review and coordinate all design efforts. - Attend a 90% CD “Page-Turner” with the Owner and the entire Design Team for a full review of the Project Design. - Detailed coordination with HKGI their Project Team - Complete Construction Documents made up of detailed plans and specifications provided to the City’s Project Manager for review prior to Project Bidding. - Final 100% CD Package (Drawings and Specifications) for public bidding, permitting and construction. Staff Involvement / Roles Primary Responsibilities Architectural (HCM Architects) Project Manager /Design/CD Doc’ts Interior Design (Isola Design) Design/Documentation Structural (ERA Engineering) Structural Design/Documentation Mechanical (Emanuelson Podas Engineers) Project Mechanical Engineer HVAC, Plumbing & Fire Protect. Systems Electrical (Emanuelson Podas Engineers) Project Electrical Engineer Power and Lighting Systems Building Design Team Deliverables for this Phase:  Complete Construction Documents made up of detailed Drawings and Specifications (Project Manual) for the Architectural, Interiors, Structural Engineering, Mechanical Engineering and Electrical Engineering for the public bidding, permitting and construction of the Project. Phase 3 - Project Bidding & Construction Administration Services: Scope of Work:  Issue documents for Bidding  Assist City in Prebid meeting with potential bidders  Respond to substitution requests  Develop Addenda to the Construction Documents  Answer all inquiries about the project as required for the competitive bidding of the Project  Review bids with Owner and qualify the apparent low bidder for the building - Attend bi-weekly construction mtgs. (assume 16 CA meetings) - Review work for compliance w/ construction documents - Review shop drawings and product submittals - Answer RFI’s - Prepare Proposal Requests (PR’s) and ASI’s - Answer all contractor inquiries regarding the design intent of the documents - Work closely with the Project Manager regarding the construction work - Review payment applications and prepare change orders Page 4 of 5 Deliverables: - Timely Submittal and Shop Drawing reviews - Review of Pay Applications - Issue Appropriate Change Orders - Punch list Inspections - one initial and one final per Phase (1 total) Design Fees: Our proposed professional fees are based on the breakdown of staff and hours proposed per Task and the proposed Project Scope. Our firm provides excellent value. Based on our competitive rates and knowledgeable staff, you will receive more hours of our service for your fee. Our Building Design Team fees listed below would include architectural, interiors, structural, and MEP Engineering services. Professional cost estimating services (included in the Design Development Phase) are always viewed as a cost beyond basic services. Our breakdown of fees is as follows: Fee Design Phase (hourly rate blended on tasks) Programming, Concept/Schematic Design Completed Phase 1 – 50% Construction Documents $37,000.00 Architectural Structural Engineering MEP Engineering Cost Estimating Consultant ($4,000 fee) ($4,000 fee) Phase 2 – 100 % Construction Documents $62,000.00 Architectural Structural Engineering MEP Engineering Phase 3 – Bidding & Construction Administration $ 23,000.00 Architectural Structural Engineering MEP Engineering Total Design Fees (Phases 2-6) + Cost Est. $126,000.00 Reimbursables (printing, mileage) $2,500.00 Total Fees and Reimbursable $128,500.00 (Meetings are included in the respective Phases above). Our fees do not include the following services: - Site Lighting & Site Power Electrical Design (by HKGI) - Full Building Energy Modeling - Solar Design (PV) - A/V Equipment Selection and I/T cabling design and Security Equipment Design - Furniture selection (FFE). Our scope will show layouts and quantities - Geotechnical Engineering or Testing - LEED Documentation or Applications - Surveying, Site Design & Civil Engineering (by HKGI) - Landscape Design (by HKGI) - Environmental Testing Additional Services can be provided on an hourly basis depending on staff level at your request – refer to the Billable Rate Schedule provided below. Page 5 of 5 Billable Rates (HCM) Title Rate Principal Architect 1 $200.00 / hour Principal Architect 2 $180.00 / hour Architect $160.00 / hour Architectural Staff 1 $145.00 / hour Architectural Staff 2 $130 - $140.00 / hour Estimate of Reimbursable Expenses We estimate that the reimbursable expenses for a project such as this will include printing of review sets (but not bidding sets), typical mileage, color printing, postage, and courier services. Reimbursable expenses are billed without mark up at 1.0 times cost. All reimbursable expenses will be itemized for the Owner to review. a. Printing Costs $600.00 o 50% CD Review Sets o 90% CD Review Set (For Owner/Team Review Meeting) o Final 100% CD printing (For Project Team only- -Assumes electronic bidding format) b. Postage/Misc. Delivery Costs $200.00 c. Mileage (In-town mileage) $1,200.00 e. Misc. Consultant Reimb. (Prints, materials, delivery etc.) $500.00 Estimated Reimbursable Costs $2,500.00 (All Permit Review Fees to be paid by the Owner or General Contractor) We appreciate our working relationship with you and look forward to working with your team and the City of Stillwater in the development of this Project. Please give us a call (612-904-1332) if there are any questions regarding this proposal. Again, we truly thank you for this opportunity and look forward to working with you! Acceptance If this proposal meets with your approval, please indicate your authorization to proceed by signing the ACCEPTED BY and returning a copy to us. Should this proposal not be accepted within 60 days from the date of proposal or should the scope of the project or services vary from the stated assumptions, Hagen, Christensen & McILwain Architects reserves the right to review and update this proposal as necessary. ACCEPTED BY: DATE: DN UP DN UP ADA LIFT ROOF BELOW LUNCH AREA DECK T. T.STORAGE MULTIPURPOSE ROOM FIREPLACE LOUNGE PAVILION BELOW SEE PLAN 3 FOR ENTRY BELOW F SERVERY ADA LIFT COVERED PAVILION 2-PERSON SCULL 1-PERSON SCULL MECH BOAT STORAGE ACCESSORY BOAT STORAGE THREE SEASON BOAT STORAGEFIREPLACE ROOM PATIO CIRCULATION (E) BEAMS ABOVE LOW STONE RETAINING WALL (SUB-LEVEL) DECORATIVE SECURITY FENCING W/ ROOF AT EXISTING DRIVE T. T. T. JANITORIAL COUNTERTOP STONE PIER ADA LIFT MAIN ENTRY ENTRY LOBBY 4201 cedar avenue so. -minneapolis, MN 55407 | tel. (612) 904-1332 Client:Project:Number:Name: Project Number: AIPLE HOUSE DESIGN STUDY SD2.1 OPTION A -PADDLE SPORTS TRAILHEADCITY OF STILLWATER 2376 1/8" = 1'-0"SD2.1 1 UPPER LEVEL FLOOR PLAN - OPTION A 1/8" = 1'-0"SD2.1 2 LOWER LEVEL FLOOR PLAN - OPTION A 1/8" = 1'-0"SD2.1 3 TYPICAL ENTRY WAY PLAN (SPLIT-LEVEL) 0 ~ I Memo To: From: Date: Re: Mayor Kozlowski and Coun ~ ._ Stuart W. Glaser, Fire Ch ief ~ November 21, 2023 Paid-on-Call 2024 Salary Proposal Background Stillwater Fire Department Attached is a proposed pay increase for paid-on-call Firefighters for fiscal year 2024. The following proposal was included in developing the 2024 Department Operations Budget and is manageable and affordable and will not require a budget increase to implement this recommendation . Summary The Stillwater Fire Department operates as a combination Fire Department that continues to rely heavily on paid-on-call responders for emergency response . The key to this deployment model is having a large enough cadre of highly trained paid-on-call staff available and ready to respond to emergency calls when needed. The proposed salary increase will fairly compensate the current staff and recognize their commitment and dedication to the City. Council Action Approve recommended increase per attached proposal. Attachment: Paid-on-Call Salary Proposal 2024 Firefighter Firefighter/Engineer Lieutenant Captain Assistant Chief Paid-on-Call Salary Adjustment Current Salary Resolution 2021-100 $16.25 $17.50 $18.75 $19.75 $20.75 Proposed Salary Effective January 1, 2024 $17.25 $18.50 $19.75 $20.75 $21.75 City of Stillwater Washington County, Minnesota RESOLUTION 2023‐XXX RESOLUTION ESTABLISHING HOURLY PAY RATES FOR PAID ON‐CALL FIRE PERSONNEL BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the hourly pay rates for paid on-call fire personnel, effective January 1, 2024 are as follows: Firefighter $17.25 Firefighter/Engineer $18.50 Lieutenant $19.75 Captain $20.75 Assistant Chief $21.75 Adopted by the Stillwater City Council this 21st day of November, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Date: November 21, 2023 To: Honorable Mayor and City Council From: Shawn Sanders, Director of Public Works Subject: Assessment Hearing – Service Line Repair on Martha Street South DISCUSSION Earlier this year, the City was notified of a water leak on the 400 block Martha Street South. Upon further investigation, it turns out the leak was not on a watermain but on a on a private service that is shared between four properties on Martha Street S. Generally, water services and the repairs are the responsible of the property owner. Because of the effort in of trying to get the four properties in agreement of the repair and hiring a contractor, the City decided to take action and repair the leak and charge the cost to the owners. The to tal cost of the repair ending up totaling $11,732.44 or $2,933.11 per property. In October, the four property owners were sent notices of the cost and were given the option to either pay up front or sign an agreement of assessment and waiver of appeal form. If the form was signed, the repair amount would be put on the tax statement and would be paid off over a year period with interest. Since the October mailing, we have received two responses, 413 and 417 Martha Street S, one of the property owners paid the amount in full and the other signed the City form. For the two properties at 414 and 420 Martha Street South who have not taken any action, it was determined that an assessment hearing is need to charge the repair to the property. RECOMMENDATION It is recommended that Council should conduct an assessment hearing for the Service Line Repair on Martha Street South and approve the assessment roll. ACTION REQUIRED If Council agrees with the staff recommendation, they should conduct the assessment hearing and pass a motion adopting Resolutions; 1. RESOLUTION ADOPTING ASSESSMENT FOR SERVICE LINE REPAIR ON MARTHA STREET SOUTH 2. RESOLUTION APPROVAL OF ASSESSMENT WAIVER AGREEMENT FOR UTILITY LINE REPAIR AT 413 MARTHA ST. S, STILLWATER, MN 55082 (5tillwater --====: ~ TH ~I R T HP L A CE o , MI NN ESOU ) City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION ADOPTING ASSESSMENT FOR SERVICE LINE REPAIRS ON MARTHA ST. S L.I. 439.1 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard all objections to the proposed assessment for the Service Line Repairs on Martha St. S, properties abutting: 413, 414, 417, and 420 Martha St. S. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal installments over a period of three (3), years with the first of the installments to be payable on or before the first Monday in January 202 4, and shall bear interest at the rate of 5.07% per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessmen t from the date of this resolution until December 31, 2023. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at any time prior to certification of the assessment to the county auditor, pay the entire assessment balance on such property, without any additional interest to the City of Stillwater. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 21, 2023. If the assessment is not paid by November 21, 2023, accrued interest from the date of the adoption of the assessment roll through December 31, 202 4 will be added with the first installment due in 2024. If payment is not received by November 21, 2023, the assessments will be collected over a period of three (3) years with interest added at 5.07% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. You may at any time thereafter, prior to November 15 th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collec ted and paid over in the same manner as other municipal taxes. Adopted by the Stillwater City Council this 21st day of November 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION APPROVAL OF ASSESSMENT WAIVER AGREEMENT FOR UTILITY LINE REPAIR AT 413 MARTHA ST. S, STILLWATER, MN 55082 WHEREAS, a service line leak was found on a shared line and repairs were done at 413 Martha St. S; and WHEREAS, it is proposed to assess the costs against the property of the Owners; and WHEREAS, the owners agree to pay the cost of $2,933.11 as a special assessment against their property for collection with the real estate taxes over a three- year period with 5.07% interest added. NOW THEREFORE, BE IT RESOLVED, by the City Council of Stillwater, MN that the assessment waiver agreement between Katelyn N. Weed, and the City of Stillwater is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA, the special assessment of $2,933.11 is hereby adopted that includes: 1. At anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 2. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Stillwater City Council this 21st day of November 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk 1 CITY OF STILLWATER ASSESSMENT WAIVER AGREEMENT FOR UTILITY LINE REPAIR AT 413 MARTHA ST. S, STILLWATER, MN 55082 THIS ASSESSMENT WAIVER AGREEMENT (“Agreement”) is entered into and effective as of the 3rd day of October, 2023 (“Agreement Date”), by and between the City of Stillwater, a Minnesota municipal corporation (“City”), and Katelyn Nicole Weed, a single person (“Owner”). WITNESSETH: WHEREAS, the Owner is the fee simple owner of property legally described on the attached Exhibit A, located in the City of Stillwater, Washington County, Minnesota (“Property”) that will be benefited by certain public improvements; and WHEREAS, the City has identified the need to repair a utility line that serves the Property (“Improvements”); and WHEREAS, the City has determined that the benefiting value to the Property for the Improvements is at least $2,933.11 which could be assessed against the Property pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, the Owner is willing to waive its assessment appeal rights up to the full value of the Assessment Amount which constitutes an estimated benefit of the Improvements pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.353. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 2 ARTICLE I THE AGREEMENT Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the Owner and the City with regard to the Property and the Improvements and that Owner’s acceptance of the assessment up to the Assessment Amount which constitutes an estimated benefit of the Improvements pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 . Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term or repayment of the Assessment Amount. Section 1.03 Survival. Notwithstanding the termination of this Agreemen t pursuant to Section 1.02, the Owner’s Covenants and Agreements contained in Section 3.01 and the City’s Covenants and Agreements contained in Section 3.02 shall survive the termination of this Agreement. ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: (a) Agreement: This Agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Property, Assessment Amount and the Improvements including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) Agreement Date: The date written in the first paragraph of the Agreement . (c) Assessment Interest Rate: The Assessment Amount shall accrue interest at a rate of five- point zero seven percent (5.07%) per year for the Assessment Term. Interest shall begin accruing thirty (30) days after the City Council’s approval of this Agreement. (d) Assessment Term: The term of the special assessment shall be from the date that the interest accrual begins in 2.01 (c) until the Assessment Amount is paid in full, or three (3 ) years after the Assessment Amount is levied against the Property. (e) City: The City of Stillwater, a Minnesota municipal corporation. (f) Assessment Amount: The Assessment Amount is the total value of the Improvements in the amount of $2,933.11. The Assessment Amount is equal to or exceeds the estimated special benefit of the Improvements to the Property. 3 (g) Owner: Katelyn Nicole Weed, a single person . (h) Property: The real property identified and described on Exhibit A. ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreements of the Owner. The Owner covenants and agrees with the City that: (a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify a special assessment against the Property up to the Assessment Amount for Improvements. The Owner hereby waives all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Property up to the Assessment Amount. The Owner hereby waives any and all procedural and substantive objections to the assessment up to the Assessment Amount against the Property, including, but not limited to, notice and hea ring requirements and any claim that any or all of the Assessment Amount against the Property exceeds the benefit to the Property for the Improvements. The Owner acknowledges and agrees that the benefit of the Improvements to the Property does in fact equal or exceed the Assessment Amount. The City and the Owner acknowledge and agree that the Owner’s waiver of assessment appeal rights pursuant to Minnesota Statutes , Chapter 429, is capped at the Assessment Amount by operation of Minn. Stat. § 462.3531. The City and the Owner acknowledge and agree that the Owner may appeal any special assessment above the Assessment Amount. (b) Owner’s Covenant Not to Sue the City: Owner hereby covenants with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the assessment, or for other relief from the payment of the City’s assessment up to the Assessment Amount against the Property for the Improvements constructed by the City. (c) Owner’s Covenant that Owner is the Property Fee Owner: Owner hereby covenants and warrants with the City that Owner is seized in fee of the Property and has good right to enter into this Agreement with the City. (d) Owner’s Agreement to Assessment Amount: Owner understands and agrees tha t the value of the Improvements will increase the market value of the Property in an amount that equals or exceeds the Assessment Amount. (e) When Payment is Due: Owner agrees to pay the Assessment Amount, plus accrued interest during the Assessment Term. 4 Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with the Owner that: (a) Assessment Amount: The City agrees that it will only certify/levy the Assessment Amount against the Property if the Owner does not pay the Assessment Amount wh en due and then, only up to the Assessment Amount for the Improvements pursuant to this Agreement. (b) City Recording of this Agreement : The City will record this Agreement against the Property. (c) Prepayment of Assessment : The City agrees the Owner may prepay some or all of the City’s Assessment Amount against the Property for the Improvements with no penalty and only with interest accrual pursuant to Minn. Stat. § 429.061. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) 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 ten (10) 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(s) may pursue all remedies and sanctions available at law and in equity, including specific performance. Section 4.02 Attorneys’ Fees, Costs and Expenses. The Owner agrees that after execution of this Agreement, if it challenges the validity of the Assessment up to the Assessment Amount in any way, then Owner shall pay the City the amount of the City’s assessment up to the Assessment Amount with accrued interest beginning as stated in Section 2.01(c), together with the City’s attorneys’ fees, costs and expenses to defend the assessment by the City up to the Assessment Amount pursuant to this Agreement. The Owner acknowledges and agrees that the Owner would be unjustly enriched if the City’s assessment up to the Assessment Amount pursuant to this Agreement was set aside, reduced, repealed or invalidated by a court with jurisdiction over the Property. The Owner agrees that the court with jurisdiction over the Property shall award the City the assessment up to the Assessment Amount with accrued interest together with the City’s attorneys’ fees, costs and expenses for breach of the Owner’s covenant not to appeal or sue the City pursuant to Article III, Section 3 .01(b). ARTICLE V GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: 5 If to the City: City of Stillwater Attention: City Administrator 216 4th Street North Stillwater, MN 55082 If to the Owner: Katelyn Nicole Weed 413 Martha Street South Stillwater, MN 55082 Section 5.02 Non-Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on su bsequent purchasers of the Property and shall run with the Property herein described. Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negot iations. Section 5.08 Notice To Buyers. The Owner agrees to notify and provide any buyer of the Property with an executed copy of this Agreement if the Owner sells any interest in the Property following the execution of this Agreement by both the Owner and the City, but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles. [The remainder of this page was intentionally left blank.] 6 IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by their duly authorized representatives. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of _______________, 20____ before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. _______________________________________ Notary Public 7 OWNER ____________________________________ Katelyn Nicole Weed STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was executed this ____ day of ________________, 20___, by Katelyn Nicole Weed, a single person. Notary Public This instrument drafted by And after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 A-1 EXHIBIT A Legal Description of Property PID: 28.030.20.34.0080 Abstract Real property in Washington County, Minnesota, legally described as follows: Lot 11, Block 2, Thorne’s Second Addition to Stillwater, Washington County, Minnesota. GEO Name Address City Amount 28.030.20.34.0080 WEED KATELYN N 413 MARTHA ST S STILLWATER MN 55082 2,933.11 Signed waiver 28.030.20.34.0079 ARLYN D & HELEN M CHRIST TRS 417 MARTHA ST S STILLWATER MN 55082 2,933.11 Paid in full 28.030.20.34.0130 HYDE TERRY T 414 MARTHA ST S STILLWATER MN 55082 2,933.11 28.030.20.34.0032 ISERMAN BRANDON L 420 MARTHA ST S STILLWATER MN 55082 2,933.11 TERM = 3 YEARS INTEREST = 5.07 % 2023 Water Service Assessments Service Line Repair on Martha Street 1'!.'16!'..!02 3 1147 13A!vl U 042 n n n rH ,1 OOlnH 0 n 0 1 0 0 ·1 An equal opportunity employer. P r o t e c t i n g , M a i n t a i n i n g a n d I m p r o v i n g t h e H e a l t h o f A l l M i n n e s o t a n s October 31, 2023 Stillwater City Council c/o Clerk 216 Fourth Street N Stillwater, MN 55082 Subject: Health Risk Advisory for Per- and Polyfluoroalkyl Substances (PFAS) in the Stillwater Drinking Water System (PWSID# 1820024) Dear Council Members: This letter is to notify you that the Minnesota Department of Health (MDH) is issuing a Health Risk Advisory for PFAS at Well #6. MDH recommends that the city of Stillwater notify its consumers about PFAS in their drinking water supply. It is important that people consuming the water be informed about any potential health risks and actions they can take to reduce exposure to PFAS from their drinking water, as well as any actions the water system is taking. We encourage the water system to lead this messaging. In addition, MDH recommends that the city of Stillwater plan for and take action to reduce exposure to PFAS to a Health Risk Index (HRI) of 1.0 or below in the drinking water supply. An HRI of 1.0 and below represents a safe level where health effects are unlikely to occur. MDH recommends public health actions once the HRI is 1.1 or greater. More information about the HRI and how it is calculated is provided in this letter. Sample Results The results for the most recent PFAS samples collected from Well #6 Entry Point and analyzed by EPA Method 533 are shown in the table below. The running annual average level of PFAS at Well #6 exceeds an HRI of 1.0, so MDH is issuing this Health Risk Advisory. Stillwater Well #6 Entry Point Sample Results Collection Date PFBS (ng/L) PFBA (ng/L) PFHxS (ng/L) PFHxA (ng/L) PFOS (ng/L) PFOA (ng/L) HRI Running Avg. HRI 8/16/2023 2.2 100 8.5 1.9 14 2.7 1.2 1.3 4/27/2023 2.5 100 9.3 2.3 15 3.4 1.3 1.3 3/7/2023 2.4 120 9.5 2.1 15 3.1 1.3 1.3 11/22/2022 2.4 120 8.5 2.1 14 3.4 1.3 - ng/L = nanograms per liter Bold means that the concentration exceeds a Health Based Value, Health Risk Limit or Health Risk Index FYImil DEPARTMENT OF HEALTH 2 HRI and Health Effects for PFAS MDH has developed health-based guidance values for some PFAS found in drinking water. These guidance values are set at levels which pose little or no health risk to people, including the most sensitive populations. Although the potential for harm increases as the level of a contaminant increases above the guidance value, health scientists may not be able to precisely estimate the change in risk. These guidance values are designed to be protective for exposures over short periods of time as well as over a lifetime. The table below shows the current guidance values for PFAS that MDH uses to evaluate drinking water samples. Current MDH Guidance Values Name of PFAS Guidance Value (ng/L) Perfluorobutane Sulfonate (PFBS) 100 Perfluorobutanoic Acid (PFBA) 7000 Perfluorohexane Sulfonate (PFHxS) 47 Perfluorohexanoic Acid (PFHxA) 200 Perfluorooctane Sulfonate (PFOS) 15 Perfluorooctanoic Acid (PFOA) 35 Because each of these PFAS chemicals can cause similar types of adverse health effects, Minnesota Rules part 4717.7880 requires that when multiple PFAS are found in drinking water, an HRI must be calculated to determine if the combined chemicals increase risk for possible health impacts. Information about how the HRI is calculated is attached and can also be found in Minnesota Rules part 4717.7880. An HRI greater than 1.0 indicates that although a single chemical may not pose a health risk alone, the combined chemicals may indicate an increased risk for possible health impacts. For More Information As a standard practice, MDH notifies the governor’s office and area legislators when health risk advisory letters are issued. In addition, MDH is sending a copy of this letter to your local public health department. If you have any questions about health concerns or would like more information about PFAS, contact the MDH Health Risk Assessment Unit at 651-201-4899 or health.risk@state.mn.us. For technical assistance related to the drinking water system, please contact Lucas Martin, District Engineer, at 651-201-4144 or lucas.martin@state.mn.us. More information about PFAS is also available on our website at: MDH PFAS Website (https://www.health.state.mn.us/communities/environment/hazardous/topics/pfcs.html) Sincerely, Thomas P. Hogan Director, Environmental Health Division PO Box 64975 St. Paul, MN 55164-0975 www.health.state.mn.us cc: Kirk Koudelka, Assistant Commissioner, Minnesota Pollution Control Agency Pam Anderson, Interim Division Director, Remediation Division, Minnesota Pollution Control Agency David Brummel, Director, Washington County Public Health & Environment Enclosure: Health Risk Index Calculation 3 Health Risk Index Calculation Groundwater can contain multiple chemicals. Combinations of chemicals may cause health effects that are different from the health effects of each individual chemical. MDH evaluates the health effects of groups of chemicals using the following process: ▪ Chemicals that share a common health endpoint (such as change to the liver, kidney, or other organ) are evaluated together. If a chemical has no known health effect, it is not included in the group. ▪ For each chemical in the group, MDH calculates a ratio of the groundwater concentration of the chemical to the health-based guidance value (HBV) appropriate to the length of exposure for that chemical. MDH adds the ratios for all of the chemicals in the group to create a number called a Health Risk Index (HRI). ▪ An HRI over one indicates a possible health risk from the group of chemicals. Below is an example of how MDH calculates the HRI for mixtures of Perfluoroalkyl Substances (PFAS) for which we have health-based guidance values: 𝐻𝑅𝐻=𝐴𝑂𝐹𝑂𝑆 𝑂𝐹𝑂𝑅 𝐻𝐴𝑉+𝐴𝑂𝐹𝑂𝐴 𝑂𝐹𝑂𝐴 𝐻𝐴𝑉+𝐴𝑂𝐹𝐴𝑆 𝑂𝐹𝐴𝑅 𝐻𝐴𝑉+𝐴𝑂𝐹𝐴𝐴 𝑂𝐹𝐴𝐴 𝐻𝐴𝑉+𝐴𝑂𝐹𝐻𝑥𝑆 𝑂𝐹𝐻𝑥𝑅 𝐻𝐴𝑉+𝐴𝑂𝐹𝐻𝑥𝐴 𝑂𝐹𝐻𝑥𝐴 𝐻𝐴𝑉 CN = the concentration of N chemical that has been detected in groundwater MDH uses procedures stated in the Health Risk Limits Rules for Groundwater for evaluating exposure to multiple chemicals. This process is based on an additive model. The U.S. Environmental Protection Agency uses this model as a reasonable approach given what is unknown about how chemicals interact in the body. Significant Digits and Rounding When health-based guidance values are derived, the calculations include safety factors which may reduce the value by hundreds or thousands of times. Therefore, the final HRI represents a “safe dose” where health effects are unlikely to occur. In general, MDH calculates HRIs to one significant digit. Since HBVs typically have a single significant digit, rounding the HRI to more than one significant digit introduces false precision and can give an inaccurate depiction of risk. For risk management decisions, it can be useful to include an additional significant figure (e.g. decimal point) for HRIs at or slightly above 1. This additional significant figure can be used by risk managers to inform potential actions rather than as a direct indicator of health risk. In these circumstances, MDH uses the following to determine if the HRI is above 1 and further evaluation may be warranted: ▪ HRI of 1-1.04 rounds down to 1.0 ▪ HRI of 1.05-1.09 rounds up to 1.1 When the HRI is below 1.1, the health risk is minimal. MDH recommends close monitoring of the situation when an HRI is just below or just above 1 and considering public health actions once the HRI is 1.1 or greater. Although the risk at 1.1 is also unlikely to result in health effects, this value represents a reasonable action level for risk managers to use for further evaluation and decision-making. Calculating an HRI is just the first step in assessing whether a potential risk may need to be addressed. Depending on the situation, further actions may be necessary to ensure the prolonged safety of the water, such as increased monitoring or planning to find a new water source. While the HRI is not a precise predictor of risk, it is one of many tools intended to help risk assessors and managers make more health protective decisions when there are multiple chemicals involved and the health consequences, if any, may not be clear. Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer BOARD AGENDA November 21, 2023 - 9:00 AM 1. 9:00 2. 9:00 3. 9:10 Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A.Approval to appoint Joseph Rheinberger, Oakdale, to the Audit Advisory Committee for a first full term expiring December 31, 2026. B.Approval to appoint Carlo S. Montgomery, Woodbury, to the Community Corrections Advisory Board as a District 5 representative to a first full term expiring December 31, 2026. C.Approval to appoint Winnie Williams, Woodbury, to the Library Advisory Board as a District 2 representative to a first full term beginning January 1, 2024 and expiring December 31, 2026. D.Approval to establish Fund 133 for tracking financial transactions and reporting for Public Safety Aid funding from the State. 4. 9:15 Executive (Closed) Session - Human Resources A. Executive (closed) session for the purposes of discussing labor relations strategy, per Minnesota Statute 13D.03. Adjourn Board Workshop with Property Records and Taxpayer Services A. Discuss proposed 2024 property taxes 5. 10:15 6. 10:30 7. 11:15 8. 11:30 Break Board Workshop with Administration A. Review and discussion of the proposed Washington County 2024 Legislative Platform 9. 12:15 Finance Committee Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer BOARD AGENDA November 14, 2023 - 2:00 PM* 1. 10:00 AM Strategic Planning Board Workshop A. Countywide Strategic Plan - Visioning Workshop 2. 2:00 PM Roll Call 3. 2:00 4. 2:10 Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval to appoint Chris Peltier to the Groundwater Advisory Committee as a Construction Representative, for a partial term expiring December 31, 2024. B. Approval to appoint Monica Brown to the Workforce Development Board as a Post Secondary Education representative for a partial term expiring June 30, 2025. C. Approval to submit the Minnesota Family Investment Program (MFIP) Biennial Service Agreement (BSA) for January 1, 2024, through December 31, 2025, to the Minnesota Department of Human Services. D. Adopt a resolution certifying to the county auditor special assessments for Property Assessed Clean Energy (PACE) project and order the county auditor to extend the assessment plus interest upon the property listed. E. Ratification of the Maintenance and Support Agreement between Avenu Insights & Analytics, LLC and the Minnesota Counties Computer Cooperative. F. Approve a Stormwater Management Memorandum of Understanding (MOU) with the Valley Branch Watershed District (VBWD), City of Lake Elmo and Washington County. G. Approve Contract No. 15751 with Cellco Partnership d/b/a Verizon Wireless for a tower site license. *PLEASE NOTE CHANGE IN TIME 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 A. Conduct a Public Hearing on the 2024-2028 Capital Improvement Plan (CIP). 6. 3:00 Public Hearing - Administration - Jan Lucke, Deputy County Administrator A. Conduct a Public Hearing to consider revisions to the Washington County Fee Schedule, Policy No. 1032. 7. 3:35 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution to accept a donation from the CDC Foundation to provide facilitated training for a Happiness and Health Leadership Academy. 8. 3:45 9. 4:00 10. 4:00 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn 5. 2:10 Public Hearing - Administration and Public Works - Wayne Sandberg, Public Works Director Washington ; 2;County