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HomeMy WebLinkAbout2023-12-05 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING December 5, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Request for Loading Zone on 200 Block of Main Street IV. STAFF REPORTS 2. Public Works Director 3. Police Chief 4. Fire Chief 5. Finance Director 6. Community Development Director 7. City Clerk 8. City Attorney 9. City Administrator 10. Library Director V. CLOSED SESSION 11. Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney-client privileged communication to discuss the Lakeview Hospital Easement Acquisition Litigation 12. Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney-client privileged communication to discuss a human rights complaint. VI. RECESS REGULAR MEETING 7:00 P.M. VII. CALL TO ORDER VIII. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS 13. Proclamation for Stillwater High School Girls Swimming Relay Team and Player Maddie Reed XI. OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 14. November 21, 2023 Regular Meeting and Closed Session Meeting Minutes 15. Payment of Bills 16. 2024 Street Improvement Project Survey Agreement Amendment 17. Animal Humane Society Impound Housing Services Agreement for 2024 18. Certification of Delinquent Utility Charges – Resolution 19. Liquor and Tobacco License Renewals for 2024 – Revised Resolution 20. Maryknoll Lift Station Control Panel Contract Agreement 21. Parking Lot 4 Ice Rink Agreement – moved to New Business 22. Playground Equipment Purchase Request for Lily Lake Park and Staples Park cStillwater ~ ~J The Bi r thplace of Minnesota ) Page 2 of 2 City Council Meeting Agenda December 5, 2023 23. Stillwater Library Terrace Roof Replacement Project Bid Award – Resolution 24. World Snow Sculpting Championship 2024 Event Contract and Temporary Liquor License – moved to New Business 25. Cybersecurity Contract Renewal for 2024 XIII. PUBLIC HEARINGS – None XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 26. World Snow Sculpting Championship 2024 Event Contract and Temporary Liquor License 27. Parking Lot 4 Ice Rink Agreement 28. Preliminary Plat, Final Plat, and Zoning Map Amendment to rezone properties located at 12811 62nd Street North to LR (Lakeshore Residential district) – Ordinance 1st Reading 29. Truth in Taxation Presentation for 2024 Budget & Tax Levy – 2 Resolutions XVI. COUNCIL REQUEST ITEMS XVII. CLOSED SESSION 30. Pursuant to Minn. Stat. Section 13D.05 subd. 3(a) for a check in on the performance review of the City Administrator XVIII. ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING December 5, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Request for Loading Zone on 200 Block of Main Street IV. STAFF REPORTS 2. Public Works Director 3. Police Chief 4. Fire Chief 5. Finance Director 6. Community Development Director 7. City Clerk 8. City Attorney 9. City Administrator 10. Library Director V. CLOSED SESSION 11. Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney-client privileged communication to discuss the Lakeview Hospital Easement Acquisition Litigation 12. Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney-client privileged communication to discuss a human rights complaint. VI. RECESS REGULAR MEETING 7:00 P.M. VII. CALL TO ORDER VIII. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS 13. Proclamation for Stillwater High School Girls Swimming Relay Team and Player Maddie Reed XI. OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 14. November 21, 2023 Regular Meeting and Closed Session Meeting Minutes 15. Payment of Bills 16. 2024 Street Improvement Project Survey Agreement Amendment 17. Animal Humane Society Impound Housing Services Agreement for 2024 18. Certification of Delinquent Utility Charges – Resolution 19. Liquor and Tobacco License Renewals for 2024 – Resolution 20. Maryknoll Lift Station Control Panel Contract Agreement 21. Parking Lot 4 Ice Rink Agreement 22. Playground Equipment Purchase Request for Lily Lake Park and Staples Park r ii/wa ter - Page 2 of 2 City Council Meeting Agenda December 5, 2023 23. Stillwater Library Terrace Roof Replacement Project Bid Award – Resolution 24. World Snow Sculpting Championship 2024 Event Contract and Temporary Liquor License XIII. PUBLIC HEARINGS – None XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 25. Preliminary Plat, Final Plat, and Zoning Map Amendment to rezone properties located at 12811 62nd Street North to LR (Lakeshore Residential district) – Ordinance 1st Reading 26. Truth in Taxation Presentation for 2024 Budget & Tax Levy – 2 Resolutions XVI. COUNCIL REQUEST ITEMS XVII. CLOSED SESSION 27. Pursuant to Minn. Stat. Section 13D.05 subd. 3(a) for a check in on the performance review of the City Administrator XVIII. ADJOURNMENT Orions l:l (� a.••rana . do.w+swtic++fo+wra M$a r �Mr•MM r+w�• �M.+.w� }� ate....+.�..e+�.�.o .ems• •+��YM wM1�1A�rM'�. .Oil/•�M�N.�M LON at SWO J qrw mesa"" • I ;,— 7l t t :r:...:..: CKs7MV7 sn1[!T hAIA I ..,j.s„ was. . l 1 .w w�.w .ta s7Rk%A00 4%a 47s PLAN DATE: December 5, 2023 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: Requests for Loading Zone (Peter Hovland and Loft at Studio J) and Loading Zone (Loft at Studio J) on 200 Block of Main Street South DISCUSSION Staff is seeking direction on how to handle two (2) related request for the 200 Block of Main Street South prior to preparing official documents for approval. The City has received two (2) requests for Loading Zones on the 200 Block of Main Street. Additionally, The Loft at Studio J has requested the establishment of a Valet Zone. Several parking stalls were recently established on this block on Main Street as part of the Chestnut Street Plaza Project. Prior to this, the space in front of The Loft at Studio J was a No Parking Zone/Traffic Lane. Any previous reserved parking (loading or valet) was done so without approval by the City. By approving the request, the City would lose multiple parking stalls recently gained by restriping/elimination of a Turn Lane on Main Street. Any change requires approval by the Minnesota Department of Transportation (Mn/DOT), as Main Street is a State Highway. Staff acknowledges that loading zones are a topic needing additional discussion. However, Staff is concerned about the ripple effect of approving individual requests without a broader study and policy on loading zones. Peter Hovland Request – Relocate Existing 15 Minute Loading Zone Peter Hovland has submitted a request to relocate an existing 15 Minute Loading Zone currently located in front of 224 Main St S to the corner of Main Street and Chestnut Street in front of 202 Main St S. Continued on next page. Loft at Studio J Request – Convert three (2) new Parking Stalls to Loading Zone/Valet Zone reserved for Loft at Studio J The Owners cite a concern with public safety due to vendors double parking on Main Street. The request is for supply delivery during event setup and valet parking during events. The space in front of 214 Main St S was not a Loading Zone, Valet Zone, nor Parking Stall prior to 2023. Staff is concerned about the ripple effect of establishing valet zones. Currently, valet zones are only offered to hotels and lodging due to their unique overnight parking needs. It is important to note that there were no previous approvals for a Loading Zone specific to Loft at Studio J in the past and th at this area was a travel lane, not parking stalls. Continued on next page. RECOMMENDATION The Downtown Parking Commission supports the relocation of the 15 Minute Loading Zone on the Southbound Lanes of Main Street for operational purposes (Hovland Request). The Downtown Parking Commission is concerned about establishing a Valet Zone for a specific user without a broader Valet Zone Policy (types of uses, locations, etc.). If the Commission desires to consider the valet zone request, it should prioritize a comprehensive plan for loading areas and valet areas by matter of policy versus individual requests. By way of compromise, the Downtown Parking Commission recommends a one-year pilot project that allows the use of three (3) existing parking stalls to be converted to Loading Zone, but for general use, not reserved for a single user. The Downtown Parking Commission further recommends that this proposed loading zone be located further to the north for general use and logistical purposes. ACTION REQUESTED Motion to direct Staff to prepare a Resolution approving the request for the relocation of the Existing 15 Minute Parking Stall currently located in front of 224 Main St S to the space in front of 202 Main St S. [Hovland Request] Motion to direct Staff to prepare a Resolution to approve the request to convert three (2) new parking stalls to Loading/Valet Zone in front of 214 Main St S. [Loft at Studio J Request] To: Parking Commission Re: Loading/Drop-off Space on Main Street Dear Members of the Parking Commission, I am writfng to respectiully request an adjustment to the current arrangement of parking spots on Main Street. I believe there is a pressing need for designated spaces in both directfons to facilitate quick stops and a space that remains generally available. Currently, we do have a 15-minute parking spot for northbound traffic in front of Leo's, which serves this purpose effectfvely. However, I propose relocatfng the 15-minute parking spot currently in front of Mad Capper to the front of the row near the corner of Main and Chestnut. This change is necessary to ensure easy access and provide more room for larger delivery trucks. The proposed space can be used for various reasons, including: • Facilitatfng deliveries to local businesses. • Assistfng customers in picking up large purchases from nearby establishments. • Allowing customers to conveniently pick up to-go food orders from restaurants. • Providing a designated area for dropping off elderly individuals while the driver parks the vehicle. I appreciate your consideratfon of this request, as it would greatly benefit the community by enhancing accessibility and convenience on Main Street. Thank you for your tfme and attentfon to this matter. Sincerely, Peter Hovland 1222 4th Ave S , Stfllwater 1 Tim Gladhill From: Sent: To: Subject:Request Verbiage Judd Sather <> Thursday, November 16, 2023 2:25 PM Tim Gladhill [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks for the phone call today. Here is the specific request: The Loft at Studio J (Judd Sather) requests three contiguous Loading Zone parking spots directly in front of 214 Main Street South. Our occupant load of 337 people with 150 events per year demands a level of loading / unloading consistent with every other event center and hotel in the downtown area that already have loading zones. This zone can be used by others and does not need to be marked as Loft at Studio J only. The existing 15 minute space can be one of these three spaces requested. Thanks Tim! -Judd Sather One23 Events | Judd Sather Photography & Studio J | Stillwater Escape Company www.One23Events.com , Direct: Studio J is located in the middle level of JX in the back of the building (123 Second St N #205, Stillwater, MN). - City of Stillwater, Minnesota Mayor Proclamation WHEREAS, the Stillwater Area High School Girls Swimming 400 Yard Relay Team captured the 2023 Minnesota State High School League Class AA State Championship on Saturday, November 18, 2023, at the University of Minnesota's Jean K. Freeman Aquatic Center; and WHEREAS, those Relay Team members are  Lucy Paczosa ~ freshman  Maddie Reed ~ senior  Jayla Petersen ~ junior  Norah Naatjes ~ senior and WHEREAS, All 4 relay members earned All State and All-American honors; and WHEREAS, they are the Second fastest 400 free relay in the history of Stillwater Swimming and Diving. NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim Wednesday, December 6, 2023 ~ Stillwater Area High School Girls 400 Yard Relay Team Day ~ in the City of Stillwater and encourage the citizens of Stillwater to recognize and celebrate the accomplishments of these talented athletes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 5th day of December, 2023. City of Stillwater, Minnesota Mayor Proclamation WHEREAS, Maddie Reed is a member of the Stillwater Area High School Girls Swimming & Diving Team; and WHEREAS, Maddie’s accomplishments are:  2023 Minnesota State High School League Class AA state champion in the 100 breaststroke  2023 Minnesota State High School League Class AA state champion in the 400 freestyle relay  Suburban East Conference record holder 100 breaststroke  Suburban East Conference record holder 200 medley relay  Suburban East Conference record holder 200 freestyle relay  Stillwater Area High School record holder in the 100 breaststroke  Minnesota State High School League Section 4AA record holder in the 100 breaststroke  Minnesota State High School League Section 4AA record holder in the 200 medley relay  Suburban East All‐Conference: 6 years  Stillwater All‐Time Top 10 list in the 200 individual medley and 100 breaststroke  Stillwater Dual Meet Dream Team member in the 200 medley relay, 200 individual medley, 100 breaststroke, and 400 freestyle relay  Earned All‐American honors for 2023 in 100 breaststroke and 400 freestyle relay  Earned All‐State honors in 13 events during her career with Stillwater  Co‐Captain her senior year  Earned Academic All‐American honors  Will be attending and swimming for the University of Cincinnati next year. NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim ~ December 6, 2023 – Maddie Reed Day ~ in the City of Stillwater and encourage the citizens of Stillwater to congratulate Maddie on her accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 5th day of December, 2023. ''""""''''' --;. -;. ~ ~, ,,,, ,,, '''""'""' 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES November 21, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Junker, Odebrecht, Polehna Absent: Councilmember Collins Staff present: City Administrator Kohlmann City Attorney Sienko Community Development Director Gladhill Finance Director Provos Deputy Fire Chief Ballis 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 Stillwater Police Department Oath of Duty Presentation – Officer Cassandra Ciupik, Officer Brandon Comiskey and Officer Ronald Dox Police Chief Mueller gave the Oath of Duty to Officers Ciupik, Comiskey and Dox. Proclamation – Stillwater Area High School Mountain Bike Team Mayor Kozlowski read a proclamation designating November 22, 2023 as SAHS Mountain Bike Team Day in recognition of the team’s sixth consecutive Division 1 State Championship. Council Service Award for Karen Jensen (Utilities Commission) Mayor Kozlowski recognized Karen Jensen for over seven years of service as a member of the Board of Water Commissioners and the Utilities Commission. Certificate of Retirement for Kathy Berwald, Payroll/HR Technician Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2023‐158, Certificate of Retirement - Kathy Berwald. All in favor. Mayor Kozlowski and the Council commended Kathy Berwald for nearly 25 years of service to the City, on her retirement as Payroll/HR Technician. OPEN FORUM Lizzie Harris, Owens Street resident, spoke in support of affordable housing initiatives. cStillwater ~~ The Birthplace of Minnesota ~ City Council Meeting November 21, 2023 Page 2 of 3 STAFF REPORTS Public Works Director Sanders reminded the Council of neighborhood meetings for the 2024 street improvement projects, and stated Christmas lights are going up. Police Chief Mueller thanked Community Resource Officer Brad Junker for working on many community partnerships and events. He mentioned that officers have done outstanding work on significant cases recently, positively affecting lives and safety. Deputy Fire Chief Ballis gave Thanksgiving safety tips and stated Santa will come to town on Friday on a ladder truck. Finance Director Provos noted the Truth in Taxation hearing will be December 5. Community Development Director Gladhill reported the Department has new staff. He noted the cap of 50 Short Term Home Rentals outside of downtown has been reached. Parking enforcement will ramp up in coming weeks. The Sundance Stillwater project will be up for final approvals December 19 and Chapel Hill Flats project plans a spring 2024 construction start. City Administrator Kohlmann reported that City representatives presented a request for Myrtle Street funding to the House Bonding Committee. CONSENT AGENDA November 8, 2023 Workshop and Regular Meeting Minutes Payment of Bills Clean Water Fund Water Efficiency Grant Program Liquor and Tobacco License Renewals for 2024 – Resolution 2023‐159 Lobbyist Contact Renewal Lumberjack Landing Aiple House Renovation Architecture Services Contract Paid On-Call Firefighters Salary Adjustments – Resolution 2023‐160 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Assessments for Water Service Line Repairs on Martha Street South Public Works Director Sanders explained that earlier this year, the City was notified of a water leak on the 400 block Martha Street South, on a private service that is shared between four properties on Martha Street S. Generally, water service repairs are the responsible of the property owner. Because of the effort in trying to get the four properties in agreement and hiring a contractor, the City decided to repair the leak and charge the cost to the owners. The cost of the repair totaled $11,732.44 or $2,933.11 per property. An assessment hearing is needed to charge the repair to the property. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt Resolution 2023‐161, Resolution Adopting Assessment for Service Line on Martha Street City Council Meeting November 21, 2023 Page 3 of 3 South (L.I. 439.1) and Resolution 2023‐162, Resolution Approval of Assessment Waiver Agreement for Utility Line Repair at 413 Martha St. S, Stillwater, MN 55082. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS Councilmember Polehna noted the Twinkle Parade will be December 2. ADJOURNMENT TO CLOSED SESSION Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn to Closed Session pursuant to Minn. Stat. Section 13D.05 subd. 3(a) for a check in on the performance review of the City Administrator. All in favor. The meeting went into Closed Session at 7:39 p.m. Present: Mayor Kozlowski, Councilmembers Junker, Odebrecht, Polehna Absent: Councilmember Collins Staff present: City Administrator Kohlmann, City Attorney Sienko Motion by Councilmember Junker seconded by Councilmember Odebrecht to return to open session. All in favor. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Junker to adjourn. All in favor. The meeting was adjourned at 7:58 p.m. Ted Kozlowski, Mayor ATTEST: Joseph Kohlmann, Acting City Clerk Resolution 2023‐158, Certificate of Retirement - Kathy Berwald Resolution 2023‐159, Approving Renewals of Liquor Licenses and Tobacco Licenses for 2024 Resolution 2023‐160, Resolution Establishing Hourly Pay Rates for Paid On-Call Fire Personnel Resolution 2023‐161, Resolution Adopting Assessment for Service Line on Martha Street South (L.I. 439.1) Resolution 2023‐162, Resolution Approval of Assessment Waiver Agreement for Utility Line Repair at 413 Martha St. S, Stillwater, MN 55082 DATE: December 5, 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 $497,570.86 has been sent to the Mayor and City Council Members to approve for payment. DATE: December 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Amend Survey Agreement for the 2024 Street Improvement Project (2024-02) BACKGROUND On September 5, 2023, the City entered into an agreement with SEH Inc, to perform a survey for the proposed 2024 Street improvement project. During the preparation of a feasibility report for the project, staff discovered that the City does not have Right of Way nor easement to cover portions of the existing street and sidewalk along west side of Greeley Street between Willard St. and Churchill St. Staff contacted SEH Inc, to prepare a survey for the properties included in this discovery and to do title search of these properties. Exhibit 1: Attached describe the extend of the work and the cost associated with preparing the needed documents. Funding for the survey will come from the 2024 Street Improvement Project (Project No. 2024-02) budget. RECOMMENDATION Staff recommends approving the amendment to the Agreement with SEH for surveying the streets for the 2024 Street Improvement Project (2024-02). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING THE AMENDMENT TO THE AGREEMENT WITH SEH FOR SURVEYING THE STREETS FOR THE 2024 STREET IMPROVEMENT PROJECT (2024-02). Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer 11/30/2023 RE: City of Stillwater, Minnesota 2024 Street Reconstruction ROW Mr. Reabar Abdullah Assistant City Engineer City of Stillwater 216 4th St. N. Stillwater, MN 55082 Dear Mr. Abdullah: SEH appreciates the opportunity to submit this amendment proposal for providing easement exhibit and description writing for the City’s 2024 Street Reconstruction Project. This letter serves as our understanding of the project scope and schedule. Our scope of work includes a completion of a topographic survey per the City of Stillwater survey work requirements (attached). PROJECT BACKGROUND 8 affected parcels needing permanent easement. COMPENSATION Compensation for the services will be made on an hourly basis plus cost of reimbursable expanses. Total compensation is estimated at $10,000. This includes all expenses such as title work. This also includes a review by city staff and one rework based on comments. REMARKS You agree to furnish us with full information as to your requirements, including any special or extraordinary considerations for the Project or special services needed, and also to make available all pertinent existing information and data that we will need to perform our services. Such as your ROW dwg and approximate areas to be purchased that will be refined by the surveyor. If this proposal is acceptable to the City, please sign and return this amendment. SEH appreciates the opportunity to serve the City of Stillwater. We look forward to working with the City to complete this upcoming project. Please contact me directly at 612.720.5883 or ganderson@sehinc.com should you have questions or requests for additional information. Sincerely, SHORT ELLIOTT HENDRICKSON INC. _:¼, SEH Building a Better World for A ll of us• Mr. Reabar Abdullah 11/30/2023 Page 2 Greg Anderson Client Service Manager (Lic. MN) ah Attachment c: Theo Brown, SEH x:\pt\s\still\common\169595\2023 st proposal.docx APPROVED THIS _____ DAY OF ____________, 2023 CITY OF STILLWATER, MN By: Title:   DATE: November 30, 2023 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: Animal Humane Society Agreement BACKGROUND The Stillwater Police Department utilizes the services of the Animal Humane Society to provide shelter to animals when we cannot return them to their owner as well as several other services at a cost to the city. The Letter of Understanding with the Animal Humane Society is for 2024 and has been reviewed by the City Attorney. RECOMMENDATION Staff recommends signing 2024 Animal Humane Society Agreement ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving signing the agreement with the Animal Humane Society. 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this _____day of ____________, 2023, by and between the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082, (“City”) and the Animal Humane Society, 9785 Hudson Road, Woodbury, Minnesota 55125 (“AHS”). WHEREAS, the City has accepted the proposal of AHS for certain professional services; and WHEREAS, AHS 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 AHS as an independent contractor for the purpose of performing certain professional Services (“Services”), as defined in the following documents: i. A Letter of Understanding dated November 13, 2023, incorporated herein as Exhibit A. ii. Where the terms and conditions of this Agreement and those terms and conditions included in Exhibit A specifically conflict, the terms of this Agreement shall apply. b. City hereby agrees to follow the policies and procedures articulated by AHS in Section 3 of Exhibit A. c. AHS covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in Exhibit A, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and AHS agrees to receive and accept payment for Services as set forth in Exhibit A. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due AHS 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. 2 c. AHS 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 Exhibit A. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon thirty (30) days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by AHS, AHS 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. AHS 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 Exhibit A. AHS shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of AHS’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, AHS 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 AHS’s undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor AHS 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 AHS 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 3 Agreement. AHS will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Police Captain Nate Meredith to act as the City’s representative with respect to the Services to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. AHS has designated Dr. Graham Brayshaw and Astrid Roed 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. AHS may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. AHS and City each agree to 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 AHS and City, they shall be borne by each party in proportion to its own negligence. b. AHS shall indemnify City against legal liability for damages arising out of claims by AHS’s employees. City shall indemnify AHS against legal liability for damages arising out of claims by City’s employees. 11. INSURANCE. During the performance of the Services under this Agreement, AHS shall maintain the following insurance: a. General Liability Insurance, with a limit of $1,000,000 for any number of claims arising out of a single occurrence; $2,000,000 annual aggregate. b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. AHS 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. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by AHS as part of the Services shall become the property of the City when AHS 4 has been compensated for all Services rendered, provided, however, that AHS shall have the unrestricted right to their use. AHS 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 AHS. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Attention: Captain Nathan Meredith Or e-mailed: nmeredith@ci.stillwater.mn.us If to AHS: Animal Humane Society 1159 University Avenue West St. Paul, MN 55104 Attention: Dr. Graham Brayshaw Or emailed: gbrayshaw@animalhumanesociety.org Animal Human Society – Woodbury 9785 Hudson Road Woodbury, MN 55125 Attention: Astrid Roed Or emailed: aroed@animalhumanesociety.org 14. INDEPENDENT CONTRACTOR STATUS. All services provided by AHS, its officers, agents and employees pursuant to this Agreement shall be provided as employees of AHS or as independent contractors of AHS 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 AHS of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. 5 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 6 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 7 ANIMAL HUMANE SOCIETY By: Janelle Dixon, President & CEO Date: EXHIBIT A Animal Humane Society and City of Stillwater Letter of Understanding for Impound Housing Services 2024 1. Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are lawfully retrieved by your municipality's community service officer (CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. AHS is unable to house wildlife or farm animals. 1. Exceptions can be made for chickens with prior approval of the site manager at AHS. c. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. d. Euthanasia services as deemed necessary by an AHS veterinarian. These se,-viccs may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. e. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. g. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. h. Hold animal for the legally required stray holding period: 5 days in MN, 4 Days in WI if a live release, 7 days in WI if euthanized or until reclaimed by owner within this holding period. 1. AHS will follow internal policy and best practice for unclaimed animals. City of Stillwater may request and view AHS policies at any time. 2. AHS expectations: a. AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. Animal Control Officer or Community Service Officer must reach out to their designated AHS contact for guidance prior to any seized animal being brought to AHS that is not stray or abandoned. Ability to house animals that are not stray or abandoned is not guaranteed through this contract. c. AHS has the sole authority for the disposition of all animals that have not been reclaimed upon the expiration of the legally designated holding period. d. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. e. AHS is not responsible for collecting any fees from an owner for a municipality. 3. City of Stillwater agrees to: a. Adhere to the drop off procedure set forth by AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at AHS. Seek care injured or sick animals prior to drop off in the eveni that it is hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. 1. AHS will charge a standard hold fee for stray and abandoned animals of $225 per canine or feline and a $51 fee per "other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner. 11. AHS will charge an additional fee of $630 for stray and abandoned animals with a legally mandated hold or quarantine that is not a 5-day stray hold. 1. This fee covers up to 10 days of care and will usually be associated with a rabies quarantine after a bite. 2. Holds lasting longer than 10 days will be charged a fee of $63 per day. 3. This fee will be charged to the municipality independent of who claims the animal. 111. Animals that are deemed dangerous or potentially dangerous or animals that require multiple runs to house safely will have an added surcharge of $75 per day. 1v. AHS will charge a $26 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the standard fee. In these instances, AHS will charge the owner the additional reclaim fees. 2 v. AHS will charge a $75 DOA (administrative/processing/cremation) fee for disposal of any cadavers brought to an AHS facility by a representative of the municipality. f. Adhere to AHS policy and best practice for unclaimed animals. City of Stillwater may request and view AHS policies at any time. g. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after-hours drop off. h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. 1. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures, policies and requirements. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days ofreceipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within IO days of receipt of billing. d. The AHS agrees to maintain all data received from City of Stillwater in the same manner as City of Stillwater as required under the Minnesota Covemment Data Practices Act, Minnesota Statutes, Chapter 13. e. Insurance Requirements. 1. Liability. AHS agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, productscompleted operations, personal injury, advertising injury, and contractually assumed liability. Upon request City of Stillwater shall be named as an additional insured. 11. Automobile Liability. If AHS operates a motor vehicle in performing the services under this agreement, AHS shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000, combined single limit. 111. Workers' Compensation. AHS agrees to comply with all applicable workers' compensation laws in Minnesota. 1v. Certificate ofinsurance. The AHS shall deliver to City of Stillwater a Certificate of Insurance as evidence that the above coverages are in full force and effect. f. Indemnification: 1. AHS. To the fullest extent permitted by law, AHS agrees to defend and indemnify City of Stillwater, and its officers, employees, and volunteers, from 3 and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of AHS, AHS's subcontractor(s), or anyone directly or indirectly employed or hired by AHS, or anyone for whose acts AHS may be liable. AHS agrees this indemnity obligation shall survive the completion or termination of this agreement. 11. City of Stillwater. To the fullest extent permitted by law, City of Stillwater agrees to defend and indemnify AHS, and its officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of City of Stillwater, or anyone directly or indirectly employed or hired by City of Stillwater, or anyone for whose acts City of Stillwater may be liable. City of Stillwater agrees this indemnity obligation shall survive the completion or termination of this agreement. 4 This agreement is based on a one year commitment, which is renewed annually from the date your administrator signs the agreement below. If the municipality brings animals to AHS without a signed contract, it will be assumed that the agreement is extended for term of the next contract. The agreement can be ended at any time by either party with a 30 day written notice. This agreement is entered into on the __ day of ________ , 202_ by ixon, President & CEO Signed on behalf of Municipal Authority Animal Humane Society Printed Name and Title Signed on behalf of Municipal Authority Printed Name and Title Email Address to send invoices 5 DATE: November 29, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Certification of Delinquent Sewer, Storm and Street Lighting Charges BACKGROUND Property or business owners that have a delinquent balance for utilities furnished through June 30, 2023 for Sewer, Storm and Street Lighting charges are assessed and placed on their property taxes. The City has provided notice to the property owners stating failure to pay results in the balance being assessed against their property. They had until November 15th to pay the balance. The assessment period is 1 year at an interest rate of 10%. ACTION REQUESTED Council should pass a motion to adopt the attached resolution and assessment roll for delinquent utility charges. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx ADOPTING DELINQUENT UTILITY CHARGES L.I. PROJECT NO. 0001 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent Sewer, Storm and Street Lighting utility charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent utility charges and is hereby levied as an assessment against those parcels and the total is $249,466.33. Adopted by the Stillwater City Council this 5th day of December, 2023. CITY OF STILLWATER __________________________ Ted Kozlowski, Mayor ATTEST: ___________________________ Beth Wolf, City Clerk Account # Last Name First Name GEOCODE Amount 101156‐000 STOW JORDAN 19.030.20.12.0011 515.80$              101686‐000 BRANJORD MITCHELL & ANDRAYA 19.030.20.13.0008 71.48$                 005910‐000 MATTSON CARRIE 19.030.20.13.0035 235.31$              005777‐000 DEZELAR ANTHONY & JENNIFER 19.030.20.14.0041 746.14$              100804‐000 REICHOW JOSEPH & ALYSON 19.030.20.14.0052 255.39$              005156‐000 STOCKNESS NICHOLAS & KELLY 19.030.20.14.0053 1,753.03$          007295‐000 GILES V KAILEY MADSON & WILLIAM 19.030.20.14.0055 1,238.50$          100626‐000 SMITH JEFFERY 19.030.20.21.0015 298.14$              101223‐000 HAMILTON PATRICK & KELLI 19.030.20.21.0105 192.45$              005214‐000 NELSON LEAH & MATT 19.030.20.22.0011 1,840.14$          101685‐000 BALES TOM & TIZIANA 19.030.20.24.0004 124.81$              101032‐000 ODEBRECHT LAURANCE 19.030.20.24.0017 1,338.23$          100722‐000 GARNESS JEFF 19.030.20.31.0050 246.95$              005727‐000 GREEN SHAE 19.030.20.32.0047 1,089.80$          010459‐000 THURESON BRIAN 19.030.20.34.0015 390.58$              010436‐000 KOHLER KATIE 19.030.20.34.0032 2,651.71$          100156‐000 HOFFMAN ERIC & LYNN 19.030.20.34.0062 461.32$              100619‐000 ARONSON DAVID 19.030.20.41.0009 233.57$              100442‐000 JANKE BRUCE 19.030.20.42.0007 534.73$              100464‐000 ROQUE JOSE 19.030.20.42.0008 116.28$              100568‐000 JOHNSON SHARON 19.030.20.42.0010 198.50$              100537‐000 SARGENT MARK & KELLY 19.030.20.42.0011 1,141.87$          100453‐000 MCELVAIN KEVIN & SUSAN 19.030.20.43.0036 1,011.12$          100432‐000 VON BERHREN MARY ANN & THERON 19.030.20.43.0039 897.24$              008712‐000 PALMER BRENT & AMANDA 20.030.20.14.0007 502.82$              008934‐000 CRAFT KIM 20.030.20.21.0020 1,687.57$          008963‐000 WOODWARD PETER 20.030.20.21.0048 1,525.61$          008961‐000 HURLEY JIM 20.030.20.21.0050 195.87$              008900‐000 ERBAN BRYCE 20.030.20.22.0025 1,298.11$          103719‐000 ROBINSON BRETT & LORI 20.030.20.22.0052 405.41$              009001‐000 MILDER MATT 20.030.20.23.0007 1,666.38$          008892‐000 HOWE KERRI ULRICH & KENNETH 20.030.20.24.0007 285.19$              008894‐000 BENNETT SCOTT 20.030.20.24.0009 938.80$              008919‐000 AGOYE WELLES & JENNA 20.030.20.24.0032 1,052.89$          009142‐000 WARHOL MATT 20.030.20.33.0045 88.25$                 009262‐000 LEE ANGELA 20.030.20.33.0071 1,349.60$          009191‐000 SEIM JESSICA 20.030.20.34.0009 861.27$              009188‐000 OUS JASON & DIANA 20.030.20.34.0012 1,956.34$          008721‐000 ANDERSON PAIGE POWERS & JESSE 20.030.20.41.0012 328.19$              009455‐000 SAMUAL SURFACE REBECCA WAXSE 20.030.20.44.0007 270.49$              008670‐000 GLASS DAVID & PAMELA 20.030.20.44.0026 470.26$              008691‐000 CARLSON BRIAN 20.030.20.44.0040 515.15$              009758‐000 RAMALEY KEY M & SARAH MCCRELLIAS 21.030.20.12.0008 107.04$              009702‐000 GERMAIN/WENTE 21.030.20.13.0020 1,143.13$          009670‐000 LEONARD JAMES 21.030.20.13.0034 2,281.90$          009699‐000 VATH MICHAEL 21.030.20.13.0046 658.65$              009692‐000 LARSON GERRI 21.030.20.13.0053 671.27$              009684‐000 RESIDENT 21.030.20.13.0062 723.73$              104091‐000 HUGHES CHRIS 21.030.20.14.0010 534.51$              006906‐000 LARSON KELLY KOWALSKY & PAUL 21.030.20.14.0033 972.77$              009722‐000 RICHARDSON MARY 21.030.20.24.0028 640.72$              009729‐000 BEGLEY BRENDA 21.030.20.24.0039 166.95$              009704‐000 LEONARD JAMES 21.030.20.24.0040 198.90$              009446‐000 DWINELLS MEGHAN 21.030.20.32.0003 209.15$              009435‐000 KEIFFER TYLER 21.030.20.33.0012 231.91$              009438‐000 GLAUS JOSH 21.030.20.33.0012 111.33$              006660‐000 KRASKE JOSH & PATTY 21.030.20.33.0083 117.93$              006458‐000 JINKS GARY 21.030.20.33.0099 247.42$              006672‐000 CRANDALL ALLISON 21.030.20.34.0022 416.39$              006682‐000 LICKNESS GLENN & JANIS 21.030.20.34.0033 1,038.55$          006611‐000 OLSTAD MEGAN 21.030.20.34.0041 1,671.37$          006582‐000 TROOIEN JEFFREY 21.030.20.34.0052 800.06$              006607‐000 GLOWE STEPHANIE 21.030.20.34.0053 1,093.97$          006537‐000 ORPUT JAMES 21.030.20.34.0099 242.14$              006513‐000 KILBOURNE CHRISTINA & MARCIA 21.030.20.34.0142 282.34$              006561‐000 FED HOME LOAN MTG CORP 21.030.20.34.0158 2,561.08$          006796‐000 BROOKS NICOLE 21.030.20.42.0007 795.04$              006785‐000 HEIEREN ERIC & NICOLE 21.030.20.42.0009 655.23$              006855‐000 NELSON KIMBERLEE 21.030.20.43.0003 63.48$                 006751‐000 SIVER RICHARD C & MATTHEW W 21.030.20.43.0021 475.29$              006753‐000 STAFFORD ARLO 21.030.20.43.0025 130.68$              006822‐000 STRAND MATTHEW 21.030.20.43.0042 163.04$              006743‐000 GUNNARSON DONOVAN 21.030.20.43.0054 694.81$              006730‐000 PALMER KATHY 28.030.20.12.0026 346.48$              006189‐000 DANIELSON ERIC 28.030.20.12.0063 554.71$              006201‐000 BILLIG THOMAS 28.030.20.12.0078 1,478.74$          006862‐000 WILSON MARTA M 28.030.20.12.0294 374.95$              006033‐000 LOHMANN HOLLIE 28.030.20.13.0127 1,171.24$          006494‐000 MYHRA ANTHONY 28.030.20.21.0016 732.25$              006404‐000 STOLTZ SCOTT 28.030.20.21.0023 897.19$              006487‐000 SHEAHAN PATRICK & ANGELA 28.030.20.21.0029 97.96$                 006377‐000 KVELL KAYLA 28.030.20.21.0066 335.95$              006370‐000 KAISER ROBIN 28.030.20.21.0077 1,175.58$          006369‐000 BELISLE LAURA 28.030.20.21.0078 201.71$              006334‐000 GAST SANDRA 28.030.20.21.0093 593.98$              006335‐000 ANDERSON HANS 28.030.20.21.0094 121.23$              006272‐000 RALSTON RANDY 28.030.20.21.0103 713.60$              006305‐000 ANDERSON DAVID 28.030.20.21.0107 1,214.82$          006307‐000 ZURAFF SHANE 28.030.20.21.0109 607.95$              006289‐000 STEWART TODD & PAULA 28.030.20.21.0126 247.15$              006467‐000 KELLEY SAMUEL 28.030.20.22.0017 392.05$              006475‐000 PETERSON YESENIA 28.030.20.22.0026 301.29$              006321‐000 ELLINGSON BRIAN & CARRIE 28.030.20.22.0043 1,658.76$          006415‐000 STEWART COLLEEN 28.030.20.22.0054 967.11$              006241‐000 BEAUPRE BRUCE 28.030.20.22.0092 874.31$              006257‐000 ZEPPER DAWN 28.030.20.22.0095 611.34$              006427‐000 BOLICEK DARYL 28.030.20.22.0102 163.23$              006229‐000 MUDD PRISCILLA 28.030.20.23.0012 283.04$              006232‐000 HARRIS JULIA 28.030.20.23.0015 650.14$              006129‐000 ARCHAMBAULT MARY 28.030.20.23.0046 140.26$              005763‐000 AMUNDSON LORI 28.030.20.23.0074 88.73$                 005621‐000 BEEBE BRENDA 28.030.20.23.0113 761.93$              005839‐000 MCLARNON CHRIS 28.030.20.23.0133 950.19$              006168‐000 GARDNER REJEAN 28.030.20.24.0028 775.56$              006157‐000 EKBLAD JEFF 28.030.20.24.0047 823.87$              005994‐000 SMITH RYAN 28.030.20.24.0111 696.22$              005966‐000 MEYER BRENT & SARAH NARGANG 28.030.20.31.0003 315.23$              005979‐000 DAY MICHAEL 28.030.20.31.0018 290.51$              005974‐000 NELSON JESSE 28.030.20.31.0023 415.22$              005945‐000 ZIMMERMAN KYLE 28.030.20.31.0031 741.19$              005923‐000 ZACHARIAS PAT & LISA 28.030.20.31.0098 161.13$              005924‐000 REYNOLDS WALTER 28.030.20.31.0099 306.20$              005890‐000 CARTIER BRIAN 28.030.20.31.0107 211.06$              005927‐000 HONEBRINK BRIAN E & SERESE A 28.030.20.31.0123 1,070.30$          005881‐000 MALCHOW DAVID & BECKY 28.030.20.31.0134 1,630.18$          005935‐000 STANLEY KENNETH 28.030.20.31.0138 684.02$              005866‐000 CAMPBELL JACK JR & LONNETTE 28.030.20.32.0002 707.81$              005775‐000 BEUKE JAMESON 28.030.20.32.0029 134.46$              005663‐000 BURGESS ALLISON 28.030.20.32.0037 711.12$              005627‐000 SULLIVAN JOHN & MARIT 28.030.20.32.0045 111.33$              005685‐000 LIBERTY NANCY 28.030.20.32.0058 827.10$              005714‐000 GRAY JOHN & CAYSI 28.030.20.32.0074 212.62$              005658‐000 DOBSON BRIAN 28.030.20.32.0075 1,008.55$          005654‐000 FRENCHIK PAUL & MICHELLE 28.030.20.32.0085 369.57$              005635‐000 CLARK TOM 28.030.20.32.0086 1,153.38$          005639‐000 REED RICHARD 28.030.20.32.0125 2,316.76$          005695‐000 DUBORD ERIN 28.030.20.32.0129 738.32$              005752‐000 GARNET REAL ESTATE SERVICES 28.030.20.33.0002 2,576.62$          005134‐000 MOLENDA LORY 28.030.20.33.0013 249.11$              005427‐000 RASMUSSEN KRISTINA 28.030.20.33.0022 961.95$              005067‐000 HOULBERG GREGORY 28.030.20.33.0051 706.39$              005394‐000 JOB TASK DONE INVESTMENTS LLC 28.030.20.33.0056 472.12$              005412‐000 AUGUSTYN PAUL 28.030.20.33.0074 888.86$              005024‐000 KOENIG RICHIE & CHARITY 28.030.20.33.0083 957.92$              005023‐000 DAY JASON 28.030.20.33.0086 2,025.52$          005416‐000 CHIAL DEBRA 28.030.20.33.0100 858.03$              005061‐000 WILLE SCOTT & JENNIFER 28.030.20.33.0109 1,408.91$          005040‐000 CARDINAL ANTHONY 28.030.20.33.0114 401.86$              005025‐000 BRAUN ANDREW 28.030.20.33.0125 989.89$              005723‐000 CHARLSEN KATHLEEN 28.030.20.34.0004 258.48$              005720‐000 COOK NINA 28.030.20.34.0007 719.91$              005068‐000 LAUBACH JOSEPH 28.030.20.34.0030 711.94$              005110‐000 ISERMAN BRANDON 28.030.20.34.0032 893.08$              005012‐000 OAKES MATTHEW & RENEE 28.030.20.34.0054 220.77$              005738‐000 BEAVERS COREY A 28.030.20.34.0092 1,354.94$          102460‐000 LOLO AMERICAN KITCHEN 28.030.20.41.0157 2,562.85$          006046‐000 HUNINGHAKE TOM 28.030.20.42.0070 606.42$              011116‐000 SHEPPERD PETER & MOLLY 28.030.20.42.0133 2,494.65$          011117‐000 ALWIN CHILDREN LLC 28.030.20.42.0134 243.79$              010890‐000 MOONEY JENNIFER 28.030.20.43.0059 1,111.05$          011160‐000 SWANSON BRENNEN 28.030.20.43.0085 960.91$              011153‐000 VALINE MICAH 28.030.20.43.0102 307.04$              010540‐000 ENGEBRETSON DAVID 28.030.20.44.0071 1,615.71$          007023‐000 RESIDENT 29.030.20.14.0066 872.22$              009224‐000 YORK ADAM 29.030.20.21.0030 710.31$              008810‐000 BOROWICZ LAWRENCE & PATRICIA 29.030.20.24.0005 233.88$              008778‐000 ESTRELLADO KAREN & LORICO 29.030.20.24.0041 1,171.85$          008787‐000 DOUGLASS MARK & EILEEN 29.030.20.24.0050 2,285.15$          008788‐000 ZELLER ANDRES 29.030.20.24.0051 1,380.61$          008296‐000 MADLINE CARRIE 29.030.20.32.0016 250.75$              008293‐000 JOHNSON ROBERT & CHELSEA 29.030.20.32.0019 179.91$              008284‐000 KING SCOTT 29.030.20.32.0028 227.11$              008360‐000 RABENORT MARY‐ANNE 29.030.20.32.0044 478.07$              007671‐000 ODELL THOMAS & DEDRA 29.030.20.33.0010 1,384.98$          007674‐000 THOMPSON BRITTNEY 29.030.20.33.0013 889.36$              007208‐000 DUGAS JOHN 29.030.20.33.0036 1,190.66$          007641‐000 JUSTEN MICHAEL & MAGGIE 29.030.20.33.0043 119.05$              007644‐000 TORNING GABRIEL & KAITLIN 29.030.20.33.0046 841.42$              007646‐000 KOBERNAT RICHARD 29.030.20.33.0048 800.05$              007089‐000 LALANDE MARC‐ANDRE & SARAH 29.030.20.34.0001 77.09$                 007109‐000 SWANSON AMBER J 29.030.20.34.0013 683.52$              007116‐000 SOLSVIG JEFFREY 29.030.20.34.0020 668.29$              007082‐000 WEGSCHEIDER ANNE 29.030.20.34.0025 132.03$              007088‐000 ALWIN CHILDREN LLC 29.030.20.34.0031 1,196.49$          007168‐000 HARRI JUDY 29.030.20.34.0085 135.95$              007173‐000 WALZ JENNIFER & KENNETH 29.030.20.34.0090 438.30$              007180‐000 KRAMER SARAH 29.030.20.34.0097 161.47$              006971‐000 ULRICK PAUL 29.030.20.41.0038 621.01$              007010‐000 KROENING KATHRYN 29.030.20.41.0051 259.71$              006952‐000 LALIME KYLA 29.030.20.41.0072 856.84$              007044‐000 COLEMAN ERIK 29.030.20.41.0087 260.97$              007033‐000 STABENOW MATTHEW 29.030.20.41.0092 374.52$              006975‐000 FEINER DANIEL 29.030.20.41.0105 1,126.31$          006963‐000 HANSON DEBBIE & BERNIE 29.030.20.41.0116 249.07$              008763‐000 CRAWFORD JAN & LARRY 29.030.20.42.0009 924.14$              005504‐000 SCHWELLING JACOB 29.030.20.43.0016 574.27$              005518‐000 MEINKE JUDE 29.030.20.43.0020 1,840.65$          005523‐000 EICHTEN JOE 29.030.20.43.0027 904.70$              005541‐000 OSEBY TODD & RENAE 29.030.20.43.0030 756.88$              005539‐000 LARSEN KELLY 29.030.20.43.0034 276.52$              005551‐000 ZINK ALEXANDER PAUL 29.030.20.43.0047 835.84$              008754‐000 NATWICK SHERIDAN 29.030.20.43.0062 602.13$              005421‐000 HANSON TYLER 29.030.20.44.0020 1,362.23$          007069‐000 MEIS JASON 29.030.20.44.0053 350.96$              005494‐000 STINER DENNIS 29.030.20.44.0114 1,216.55$          005496‐000 ARMSTONG WILLIAM & VICKIE 29.030.20.44.0116 1,256.87$          005485‐000 GRAMENZ RYAN 29.030.20.44.0120 123.39$              103873‐000 SMITH CHRISTOPHER & CARLY 30.030.20.11.0001 522.72$              101710‐000 BUBERL ROBERT & JOLENE 30.030.20.12.0008 107.04$              101694‐000 BARBATSIS NIKOLAS 30.030.20.13.0012 110.99$              101624‐000 DILLNER JEFFREY & REBECCA 30.030.20.21.0008 154.44$              010253‐000 GUTTERUD DAVE & GINA 30.030.20.31.0013 553.52$              010171‐000 KNIPPENBERG GLEN & CARLA 30.030.20.33.0027 468.97$              101316‐000 HARRELL AARON 30.030.20.33.0094 267.31$              010198‐000 KIESNER THOMAS & MICHELE 30.030.20.34.0017 3,075.89$          010205‐000 DOEKSEN ANDREA LONG & CARLTON 30.030.20.34.0050 2,604.48$          010207‐000 FLICEK LUKE 30.030.20.34.0052 344.02$              008345‐000 ASMUS ELIZABETH H 30.030.20.41.0006 1,891.00$          008344‐000 SMITH MICHAEL 30.030.20.41.0007 377.03$              008383‐000 DURANT CHRISTOPHER & KELLY 30.030.20.41.0022 1,799.55$          007705‐000 VAN ALSTINE JOSEPH & TONYA 30.030.20.44.0045 810.83$              007704‐000 BRENDEN GERALD 30.030.20.44.0046 754.09$              007887‐000 LE CLOUX THOMAS 31.030.20.11.0010 893.40$              008061‐000 CARMODY BRIAN & GEORGIA 31.030.20.11.0041 513.49$              008048‐000 STERN TODD 31.030.20.11.0085 1,381.22$          007863‐000 HOLT ARTHUR 31.030.20.11.0088 471.72$              007865‐000 QUADERER WILLIAM & ANN 31.030.20.11.0090 629.03$              007727‐000 STEVENS DIANE 31.030.20.11.0098 667.26$              007795‐000 URCHIPIA LEONARDO & ELYSE 31.030.20.12.0003 925.13$              007803‐000 SOLBERG JANA 31.030.20.12.0020 458.85$              007813‐000 KULICH PAUL 31.030.20.13.0046 145.51$              007942‐000 RESIDENT 31.030.20.14.0008 401.54$              007943‐000 SORENSEN HEINE 31.030.20.14.0009 392.95$              007979‐000 WELCH ADAM & BRANDY 31.030.20.14.0038 342.53$              100724‐000 DICK JODY 31.030.20.21.0030 369.43$              101664‐000 GADIENT ROSALIE 31.030.20.23.0004 71.48$                 009951‐000 HOLLOWAY DARCEY 31.030.20.31.0045 317.59$              010020‐000 BAKKEN SAMANTHA SAMPLE & TODD 31.030.20.31.0075 72.41$                 010016‐000 HALL SCOTT & MARYANN 31.030.20.31.0078 1,279.96$          010014‐000 DELANEY ROBERT 31.030.20.31.0080 721.87$              010642‐000 FURGALA BRITTANY 31.030.20.43.0002 107.04$              104223‐000 US BANK NATIONAL ASSOC 31.030.20.44.0001 3,831.22$          100598‐000 RALEIGH PATRICK 31.030.20.44.0015 1,196.27$          005607‐000 JOHNSON PATRICIA 32.030.20.11.0017 1,220.54$          005563‐000 KRITTA MATTHEW 32.030.20.12.0011 688.04$              005584‐000 NELSON DEAN A & THERESA A 32.030.20.12.0048 134.19$              009580‐000 WOLFF ROBERT 32.030.20.12.0058 773.16$              009901‐000 WIRKKALA PAUL & KIM 32.030.20.12.0070 652.54$              009661‐000 WOLF DAVID 32.030.20.13.0029 1,142.14$          009658‐000 HAUGE‐HALL GAYE & JAMES 32.030.20.13.0032 861.65$              009623‐000 GUSTAFSON STEVE 32.030.20.13.0051 287.59$              009601‐000 EK REAL ESTATE FUND I  LLC 32.030.20.13.0065 1,211.97$          009602‐000 WEAVER JACOB & BRIANA 32.030.20.13.0066 286.39$              009635‐000 HAYNER TIM 32.030.20.13.0087 988.69$              009796‐000 KORLUKA ROBERT 32.030.20.13.0095 420.93$              009798‐000 HELM JOANNE M 32.030.20.13.0097 589.33$              009807‐000 THOMPSON WHITNEY 32.030.20.14.0015 332.07$              009850‐000 GORMAN CASSANDRA & DANIEL 32.030.20.14.0080 210.59$              009894‐000 NELSON TERESA 32.030.20.14.0090 788.66$              007128‐000 LITTLE EVELYN JENNINGS & BRIAN 32.030.20.21.0009 1,341.07$          008150‐000 SMITH JEREMY 32.030.20.21.0028 337.17$              008097‐000 PHILLIPS JOHN & KELLY 32.030.20.22.0012 809.00$              008120‐000 RIES GREGORY 32.030.20.22.0035 428.50$              008141‐000 BRACEY KIMBERLEE & SCOTT 32.030.20.22.0054 335.03$              008166‐000 DEMIKE JENNY CONROY & NICHOLAS 32.030.20.22.0059 929.00$              008165‐000 BARNUM KELSEY & PATRICK 32.030.20.22.0060 163.63$              008197‐000 CHAET JULIE 32.030.20.22.0078 192.79$              008204‐000 GERBOTH MIKE 32.030.20.22.0085 935.40$              008211‐000 ROGNESS JILL & CHARLES 32.030.20.22.0095 1,828.88$          008033‐000 STEVENS THOMAS & DEBRA 32.030.20.23.0013 274.73$              007990‐000 MILLER KEITH 32.030.20.23.0023 297.32$              007993‐000 HILDEBRANDT PHIL 32.030.20.23.0026 161.47$              007997‐000 ROBERTS KIMBERLY 32.030.20.23.0030 439.41$              008010‐000 SYLVERS TRAVIS 32.030.20.23.0046 5,234.21$          008218‐000 GLAUS KIM 32.030.20.23.0055 661.13$              008577‐000 GREASE MONKEY 32.030.20.32.0031 405.83$              010610‐000 MADSEN MARY 33.030.20.11.0013 848.67$              010613‐000 THOMPSON JOEL 33.030.20.11.0017 759.98$              010742‐000 POOLE MICHAELA 33.030.20.11.0036 598.12$              010712‐000 CANNING MICHAEL 33.030.20.11.0048 89.93$                 010821‐000 OTT CHRISTOPHER 33.030.20.11.0072 14,880.75$       010953‐000 WELSH ABBY 33.030.20.11.0086 340.91$              010954‐000 PETTEE KEITH & SANDRA 33.030.20.11.0087 343.75$              010553‐000 LAMONE RONALD & JENNIFER 33.030.20.11.0111 668.37$              010716‐000 SMITTKAMP JENNIFER 33.030.20.11.0173 371.65$              010904‐000 BRUNZ CALEB & STEPHANIE 33.030.20.12.0011 114.63$              011002‐000 LOTTSFELDT CHRIS & HEIDI 33.030.20.12.0017 186.96$              011300‐000 BRENNER CHRISTOPHER & JACQUELINE 33.030.20.12.0080 348.13$              011239‐000 SCRIBNER WADE 33.030.20.12.0089 111.33$              011196‐000 NERLING DAVID 33.030.20.12.0111 973.36$              011194‐000 VELIN SHANNON 33.030.20.12.0113 789.84$              011066‐000 COHEN SOFIE 33.030.20.12.0129 145.53$              011064‐000 ODNE JOHN 33.030.20.12.0131 694.23$              010909‐000 PARENT BRYAN & KATIE 33.030.20.12.0146 1,505.54$          011009‐000 GUIDARELLI RACHEL 33.030.20.12.0156 741.28$              011037‐000 LOFQUIST JEFFREY 33.030.20.13.0026 237.38$              011035‐000 KIDESS RILEY 33.030.20.13.0029 638.14$              011036‐000 RESIDENT 33.030.20.13.0029 363.92$              011044‐000 BERGERSEN JAMIE BATH & ALEX 33.030.20.13.0030 338.23$              011021‐000 KUBITSCHEK ERIK & LEYA 33.030.20.13.0045 1,867.14$          011057‐000 GRAVEN JOLEEN & JOE 33.030.20.13.0061 743.44$              010594‐000 DELWICHE LUKE & CATHERINE 33.030.20.14.0015 1,454.03$          010564‐000 BEDNAR REBECCA 33.030.20.14.0025 1,157.58$          010869‐000 STOW RONALD 33.030.20.14.0050 454.00$              008937‐000 ANDERSON JASON & HEIDI 33.030.20.14.0071 770.40$              008970‐000 NELSON SAMUEL & BETHANY 33.030.20.14.0075 174.12$              010936‐000 LOEHR DARRIN 33.030.20.14.0101 112.51$              010861‐000 EMOND ELEANOR 33.030.20.14.0126 125.55$              010840‐000 POLZIN GERALD 33.030.20.14.0128 697.87$              011396‐000 MARSNIK MIKE 33.030.20.21.0019 934.51$              011398‐000 CHRISTENSEN KAYE 33.030.20.21.0028 376.60$              011335‐000 WILSON MEGAN 33.030.20.21.0064 1,204.58$          011325‐000 EASTON BRENDAN & GWENDOLYN 33.030.20.21.0113 1,103.37$          011403‐000 RECHTIENE JEFFREY 33.030.20.22.0055 523.95$              007588‐000 MKMD PROPERTIES 33.030.20.23.0009 64.38$                 007531‐000 MKMD PROPERTIES LLC 33.030.20.23.0012 59.00$                 007493‐000 BURNS CATHERINE 33.030.20.24.0012 646.68$              007445‐000 PUCKETT JULIE 33.030.20.31.0026 857.42$              007591‐000 KERSCHBAUM BERNADETTE 33.030.20.32.0008 386.41$              007592‐000 GRYTHE MATTHEW 33.030.20.32.0009 579.35$              007593‐000 HINTZE JESSICA 33.030.20.32.0011 1,360.53$          007536‐000 RENSTROM GREG 33.030.20.32.0023 691.12$              007537‐000 RENSTROM GREG 33.030.20.32.0023 880.33$              011549‐000 PEARSON TRICIA 33.030.20.32.0042 419.43$              005308‐000 LEON PROPERTIES DOS LLC 33.030.20.33.0040 1,167.23$          010853‐000 EVANS KELLY 33.030.20.41.0012 530.94$              009047‐000 CHRISTOPHER JANE 34.030.20.22.0006 727.37$              010491‐000 LEON JOSE 34.030.20.22.0076 359.38$              009088‐000 EATON ALISON SCHOFF & MICHAEL 34.030.20.23.0024 548.35$              009078‐000 DOYLE JAMES 34.030.20.23.0038 762.55$              009037‐000 CALIGUIRE CHARLIE 34.030.20.23.0055 117.93$              009045‐000 WOLTMAN MARTHA M 34.030.20.23.0081 116.28$              009116‐000 GUNDERSON STEVEN & MARY 34.030.20.23.0090 660.99$              009090‐000 LEDSON JOAN 34.030.20.23.0105 116.28$              009007‐000 KUNZE CHRISTOPHER & KRISTINE 34.030.20.24.0019 186.82$              249,466.33$    DATE: December 4, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Liquor & Tobacco License Renewals 45th Parallel Spirits submitted their liquor license renewal application late on Friday after the Council packet went out. Staff will process the application and Police will begin background checks. Once completed the liquor license application will be sent to Minnesota Alcohol Gambling Enforcement Division (AGED) for approval and hopefully before the end of the year, staff will issue the license to the business. RECOMMENDATION Staff recommends approval of the liquor license contingent upon receiving completed application materials and satisfactory investigation. ACTION REQUIRED If Council concurs with staff recommendation, they should pass a revised resolution approving the renewals of liquor license and tobacco license for 2024. City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION APPROVING RENEWALS OF LIQUOR LICENSES FOR 2024 WHEREAS, application for renewal has been received by the business 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 license 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 renewal of the business listed below with their respective licenses, as contingent above: DBA (Doing Business As) Licensee Name License Type(s) Lens Family Foods Lens Family Foods Tobacco The Tilted Tiki The Tilted Tiki, Inc. On Sale; Sunday 45th Parallel Spirits LLC 45th Parallel Spirits LLC Cocktail Room On-Sale; Sunday and Offsale Adopted by the Stillwater City Council this 5th day of December, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk REVISED DATE: December 1, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Liquor & Tobacco License Renewals Tilted Tiki submitted their liquor license renewal application and Lens Family Foods submitted their tobacco license renewal application. Background checks are currently being conducted and when cleared, the liquor license application will be sent to Minnesota Alcohol Gambling Enforcement Division (AGED) for approval. Once final approvals are complete, staff will issue the respective license to the business. RECOMMENDATION Staff recommends approval of the liquor and tobacco license 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 license and tobacco license for 2024. 2 City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION APPROVING RENEWALS OF LIQUOR LICENSES FOR 2024 WHEREAS, application for renewal has been received by the business 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 license 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 renewal of the business listed below with their respective licenses, as contingent above: DBA (Doing Business As) Licensee Name License Type(s) Lens Family Foods Lens Family Foods Tobacco The Tilted Tiki The Tilted Tiki, Inc. On Sale; Sunday Adopted by the Stillwater City Council this 5th day of December, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: December 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Maryknoll/Oakridge Lift Station Upgrade BACKGROUND The Public Works Department budgeted funds in 202 4 to upgrade the Maryknoll/Oakridge Lift Station. The current equipment is from the early 70’s when the station was installed. converted from a wet well dry well to a submersible. The project will consist of converting the wet well into a submersible pumping station and eliminating the dry well pumping station. This will be more efficient and safer for city personnel to maintain. The upgrades will consist of the installation of two new pumps and a control panel. This will extend the useful life of the Lift Station. Telemetry Process & Controls, Inc. submitted a quote for the control panel $ 59,192.00. Funds for this project will be paid out of the 2024 Capital Outlay Budget. RECOMMENDATION Staff recommends that Council approve the quotes from Telemetry Process & Controls, Inc., for the control panel to be installed at the Maryknoll/Oakridge Lift Station and enter into agreement so TPC can order the parts need to complete the project in 2024. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the upgrades to the Maryknoll/Oakridge Lift Station and accept agreement Telemetry Process & Controls. 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 5th day of December, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Telemetry and Process Controls, Inc., 640 Hayward Ave N., Oakdale, MN 55128 (“Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Maryknoll/Oakridge Lift Station Upgrade: Control Panel NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services (“Services”), as defined in the following documents: i. A proposal dated 12/1/2023, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. if (water 2 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated Robert Benson to act as the City’s representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Ken Rimer to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Robert Benson Or e-mailed: rbenson@stillwatermn.gov If to Contractor: Telemetry and Process Controls, Inc. 640 Hayward Ave N. Oakdale, MN 55128 Attention: Ken Rimer Or emailed: krimer@tpcusa.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk 5 CONTRACTOR Telemetry and Process Controls, Inc. By:______ _____________ __________ By (Please Print):_____________________________ Title (Please Print):____________________________ Project Description: Maryknoll/Oakridge Lift Station Upgrade: Control Panel wwwtpcusa.com December 1, 2023 120123KR Re: Stillwater, MN Oak Ridge Lift Station Pump Control Panel Thank you for the opportunity to present this quote to you and your firm. Telemetry and Process Controls, Inc. (TPC) will supply the following equipment and services: • Mid Oaks Lift Station Control Panel 230/120 Vac 3 Phase 4 wire o Nema type 4X 304 SS 2 door enclosure including inner doors, 18” leg kit, ventilation louvers, back panel, 3-point latches o Surge arrestor, 230 Vac 3 phase o Phase monitor with fuses o Main circuit breakers, 100A, interlocked o Emergency circuit breakers, 100A, interlocked o Generator receptacle o Feeder circuit breaker, 100A, 2 pole o (2) MCP’s, sized for 15 Hp, 230 Vac 3 phase pump motors o (2) Soft starter, Allen Bradley SMC, sized for 15 Hp, 230 Vac 3 phase pump motors o (3) Control circuit breakers o Enclosure heater with thermostat o Surge arrestor, 120VAC o Uninterruptible power supply 500 Va. o UPS receptacle o Convenience receptacle, GFI, Inner door mounted o Yard light switch inner door mounted o IS barrier, digital input 2 channel, floats o IS barrier, analog input 1 channel, submersible transducer o Radio transceiver o Antenna lightning arrestor, bulkhead mount o Antenna cable, 3’ o Ethernet switch, 5 ports o Operator interface terminal, 7” color touch screen o MicroLogix 1400 PLC with required expansion modules o (2) Mount and wire Over temperature/Seal Fail relay, Provided by Pump Supplier o (AR) Interposing relays and timers o External alarm light o (2) Run time meter o (2) Selector switches Lift Pumps Hand-Off-Auto o (2) Pilot Lights, LED-P-T-T, Lift Pumps Run o (2) Pilot Lights, LED-P-T-T, Lift Pumps Fail o (2) Pilot Lights, LED-P-T-T, Lift Pumps Call o (2) Pilot Lights, LED-P-T-T, Lift Pumps Seal Fail o (2) Pilot Lights, LED-P-T-T, Lift Pumps Over Temperature o (1) Pilot Light, LED-P-T-T, Power On o (1) Pilot Light, LED-P-T-T, High Level o (1) Pilot Light, LED-P-T-T, Low Level o (5) Pushbuttons, Lift Pumps Over Temperature Reset, Alarm silence, Soft Starter Reset, Float back-up Reset. TELEMETRY & PROCESS CONTROLS , INC. 640 Hayward Ave. N, Oakdale, MN 55128 "' [651) 430-0435 a {651) 430-0783 wwwtpcusa.com o Misc. panel components, wire duct, terminals, wire markers, nameplates, etc. o UL 698A listed • Field Parts o Yagi, directional antenna o Antenna cable o Type N antenna connectors o Ground kit o (2) Float switch with anchor kit o Submersible transmitter with suspension cable • Professional Services o Lift Station PLC/OIT programming o Revise existing HMI program to incorporate new Lift Station o Telemetry configuration and test o On site Lift station start-up and test o Install revised HMI software and test o Lift Station operational training o HMI training TPC’s price includes: • Engineering • Submittals Operation & Maintenance Manuals • 2-Year Warranty • Factory Check Out • Start-up and training, as detailed above TPC’s price does not include: o Field Installation o Utility metering o Disconnect switch o Light pole o Taxes TPC’s Price is: $59,192.00 Accepted by: The proposal and terms & conditions herein are acknowledged and accepted: ___________________________________________ _____________________________ Name/Title Date ___________________________________________ _____________________________ Authorized Signature Purchase Order No. LEMETRY & 640 Hayward Ave . N, oakdale, MN 55128 PROCESS CONTROLS , INC. ~ (651) 43~35 (651) 430-0783 wwwtpcusa.com If you should have any questions, please feel free to give me a call at any time. Thank You, Kenneth Rimer Sales/Marketing Telemetry and Process Controls, Inc. TERMS AND CONDITIONS ACCEPTANCE: This proposal is an invitation for an offer and will become a binding contract when accepted. LIMITATION OF PROPOSAL: The prices and terms quoted in this proposal are subject to acceptance by the Purchaser within a period of (30) calendar days from the date herein. EXCLUSIONS: This proposal is based solely and completely on specifications submitted to Telemetry and Process Controls, Inc. (TPC) at the time of the writing of the proposal. General plans and specification not actually submitted shall not apply. This proposal, together with all annexed specifications, when accepted, shall be the complete agreement between the parties; and any alternations or unusual and undisclosed conditions or deviations from the above specifications involving extra costs shall be agreed upon in writing by both parties and shall become an additional charge over and above the proposal price set forth herein. Delays or impossibility of performance by TPC because of strikes, accidents, or other reasons beyond the control of TPC shall relieve u s from all liability herein. SHIPMENT: Time of shipment shall be as stated in the proposal after receipt of order and acceptance and final approval of all drawings and submittal. TERMS OF PAYMENT: Terms are Net 30 days, based on rated credit. Otherwise, alternate arrangements must be made. These terms and conditions have control over any terms presented by Buyer, through a purchase order or otherwise. We reserve the right to cancel the contract or cease work if payments thereon are not received when due. 1.5% per month shall be charged on all unpaid balances. TAXES: The Purchaser shall pay any local, state or federal sales, excise or use tax imposed on the equipment in addition to the pric es quoted. WARRANTY LIMITATION: There are no warranties that extend beyond the warranties herein after expressed. WARRANTIES: All work shall be done in a workmanlike manner according to standard practices. We warrant performance against defects in mat erials and workmanship for a period of twelve (12) months from the date of shipment from TPC. We agree to pass on to the Purchaser such warranties, if any, as may be extended by the manufacturer for material supplied. Labor for replacing defective materials shall not be provided by us unles s it is specifically spelled out in the proposal. We shall not be responsible for materials damaged, lost or stolen after delivery, through no fault of ours, or for fail ure to deliver and perform because of reasons beyond our control. EXCLUSIVE REMEDIES: Remedies are limited to the repair or replacement at FOB point of delivery. Consequential damages are excluded. In no event shall TPC be responsible for consequential damages of any such defective material or workmanship including, but not limited to, the Purchaser's loss of material or profits, increased expenses of operation, downtime or reconstruction of the work, and in no event shall TPC's obligation under this warra nty exceed the original contract price of the defective item. It is agreed that any action for breach of express or implied warranty shall be initiated within fifteen (18) months of the date of shipment by TPC and only those defects that are documented to have occurred within twelve (12) months from the date of the equipment’s start-up and acceptance or (18) eighteen months from the date of TPC’s shipment will be covered by the warranty. DISCLAIMER: TPC will not be responsible for damage to equipment or materials through improper installation, storage, improper services, o r through attempts to operate it in excess of its rated capacity or recommended use, intentional or otherwise, by parties other than TPC or its authorized representatives. CONDITIONS OF SALE: Prices quoted are those now in effect. Seller reserves the right to bill at the prices in effect at the time of shipment if the proposal is not accepted in writing within thirty (30) days, unless a longer term of validity is in writing on the proposal. LIMITATIONS OF LIABILITY LEMETRY & 640 Hayward Ave . N, oakdale, MN 55128 PROCESS CONTROLS , INC. ~ (651) 43~35 (651) 430-0783 wwwtpcusa.com A. Neither Seller nor its suppliers of any tier will be liable to Purchaser, whether in contract, in tort (including negligence and strict liability), under any warranty or otherwise, for any special, indirect, incidental, or consequential loss or damage whatsoever, or for loss of or to the plant, loss of use of equipment or power system, cost of capital, loss of profits or revenue or the loss of use thereof, cost of environmental damage or clean-up, or claims of customers of Purchaser. The remedies set forth herein are exclusive, and the total cumulative liability of seller and it suppliers under any purchase order or any act or omission in connection therewith or related thereto, whether in contract, in tort (including negligence and strict liability), under any warranty, or otherwise, will be limited to the price of the contract. B. The provisions of this Article shall survive termination, cancellation or expiration of the purchase order and shall apply, notwithstanding any othe r provisions of this Agreement or any related document thereto, to the fullest extent permitted by law. Prior to the transfer of any equipment or material furnished or for which work is furnished hereunder from the project site (except temporarily for repair work or permanently for disposal), or the transfe r of any interest therein or in the plant, Purchaser shall obtain for Seller written assurances from the transferee of limitation of and protection against liability following the proposed transfer at least equivalent to that afforded seller and its suppliers under the purchase order. TELEMETRY & PROCESS CONTROLS, INC. 640 Hayward Ave. N, oakdale, MN 55128 \!' (651) 430-0435 Iii (651) 430-0783 DATE: December 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: Replacement Playgrounds 2024 DISCUSSION The City of Stillwater has budgeted $150,000 for the replacement of 2 playground structures in 2024 (Lily Lake and Staples Park). The existing playground structure at Lily Lake Park was installed in 2004, with the swings in 1999, Staples Park was installed in 2000. The average useful life of a playground structure is around 15-20 years old, depending on how much usage it gets. Also, most playground equipment warranties end after 15 years and finding replacement parts gets very difficult and costly. The City also plans to make improvements for accessibility when upgrading or replacing play structures. This will include accessible walks/trails and engineered wood fiber (mulch), which is also ADA accessible. In addition to the proposed playground replacements, the community, as well as staff, would like to relocate the playground location at Staples Park to the southwest section of the park. This would provide a more inviting atmosphere, and would be more easily accessible to the children of families working at the Community Garden. At the Parks and Recreation Commission meeting on November 27, 2023, the Parks and Recreation Commission recommended approval by the City Council of the proposed playground structures. The cost for Lily Lake Park is $85,271.60 and for Staples Park is $68,646.64 for a total $153,918.24. This amount is over the budgeted amount by $3,918.24, this includes equipment and installation. Staff can save money on another Capital Outlay item to make up the overage. St. Croix Recreation has informed staff of an anticipated 5% increase of the playground pricing which will take affect December 15, 2023. Staff would like to take advantage of the saving and commit to the 2023 pricing. All prices come from State Bid pricing. RECOMMENDATION Due to the anticipated price increase, City Staff, along with the Parks and Recreation Commission, are recommending that the City moves forward with the proposals for Burke playground equipment from St. Croix Recreation and installation by Twin Cities Recreation for a total of $153,918.24 for the replacement from the Parks Capital Outlay. ACTION REQUESTED If the City Council agrees with the recommendation, they should pass a motion to approve the Lily Lake and Staples Park playground equipment replacement with St. Croix Recreation and Twin Cities Recreation for the installation of new playground equipment. DATE: December 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Bid Award 2024 Roof Replacement Project - Stillwater Public Library DISCUSSION The Stillwater Public Library terrace paver system is 17 years old has become an increasing potential hazard to any users of the space due to the uneven / sinking paver system that is currently in place. Replacement of the system is necessary. Sealed bids were opened on November 22, 2023 for the replacement of the existing paver roof. Four bids were received with the lowest bid submitted by Peterson Brothers Roofing at a price of $796,650. The project is planned for construction 2024 and to be completed no later than October. The project is being paid for out of cash reserves. RECOMMENDATION Staff recommends that the City Council accept the bids submitted for the 2024 Roof Replacement Project and award the contract to Peterson Brothers Roofing. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution 2023-___, ACCEPTING BID AND AWARDING THE CONTRACT FOR 2024 ROOF REPLACEMENT PROJECT City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx ACCEPTING BID AND AWARDING CONTRACT FOR 2024 ROOF REPLACEMENT PROJECT – STILLWATER LIBRARY WHEREAS, pursuant to an advertisement for bids for the 2024 Roof Replacement Project – Stillwater Library, four bids were received by the Facilities Manager, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Peterson Bros. Roofing & Construction Inc., St. Paul, MN $ 796,650.00 Berwald Roofing Company, Inc., N. Saint Paul, MN $ 1,028,800.00 Palmer West Construction Co., Inc., Rogers, MN $ 1,049,900.00 Central Roofing Company, Minneapolis, MN $ 1,200,000.00 and WHEREAS, it appears that Peterson Bros. Roofing & Construction Inc, St. Paul, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with Peterson Bros. Roofing & Construction Inc., St. Paul, Minnesota in the name of the City of Stillwater for the improvement of the library roof according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 5th day of December 2023. CITY OF STILLWATER ___________________________________ Ted Kozlowski, Mayor Attest: _______________________________ Beth Wolf, City Clerk Ci t y o f S t i l l w a t e r 21 6 4 th S t N St i l l w a t e r , M N 5 5 0 8 2 SHEET NO. THE INFORMATION CONTAINED HEREIN IS OF A PROPRIETARY NATURE AND IS SUBMITTED IN CONFIDENCE FOR USE BY THE CLIENTS APPROVED BY THE ORIGINATOR OF THIS DOCUMENT - ONLY. THE USE OF THESE DOCUMENTS FOR ANY OTHER PROJECTS, PURPOSE, LOCATION, PUBLICATION, REPRODUCTION OR DISTRIBUTION IN WHOLE OR PART, BY ANY INDIVIDUAL OR ORGANIZATION WITHOUT WRITTEN PERMISSION THE ORIGINATING COMPANY IS PROHIBITED. THE INFORMATION HEREIN REMAINS THE PROPERTY AND ITS USE OR DISCLOSURE TO OTHERS IS PROHIBITED FOR ANY USE NOT AUTHORIZED BY THE ORIGINATING COMPANY. SHEET TITLE: REVISION DESC.DATENO. BID SET11-8-23 #1 COVER PAGE A1 INDEX OF DRAWINGS A1 – Cover Page A2 – Scope of Work D1 – Details (Section A) D2 – Details (Section B) Stillwater Public Library 224 Third Street North Stillwater, MN 55082 2024 Roof Replacement Project Pre-bid Meeting: 11-8-23 Bids Due: 11-22-23 Not In Contract BASE BID Add #1 A B PROJECT AREA G   DATE: December 5, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: Arctic Wolf Renewal Overview: In 2022, the City selected Arctic Wolf for cybersecurity services. Attached is the renewal for 2024. This is a budgeted expenditure. Recommendation Approve the attached quote for Arctic Wolf in the amount of $72,683.11. Prepared for: Stillwater, City of Rich Bornt rbornt@stillwatermn.gov Quote # 007852 Version 1 Arctic Wolf Network Arctic Wolf is a Partner of Loffler Companies and their services have specific deliverables and cancellation policies. Services listed on quote are subject to Arctic Wolf’s standard terms and conditions “Solutions Agreement” as set forth at https://arcticwolf.com/terms/MSA Description Price Qty Ext. Price Arctic Wolf Networks - Subscription Fees (12/12/2023 - 12/11/2024) Arctic Wolf MDR User License $148.50 192 $28,512.00 Arctic Wolf MDR Server License $148.50 40 $5,940.00 Arctic Wolf 100 Series Sensor $1,113.75 3 $3,341.25 Arctic Wolf 200 Series Sensor $2,227.50 1 $2,227.50 Arctic Wolf MDR Office 365 User License $16.71 192 $3,208.32 Arctic Wolf MDR Log Retention - 1 year $14.40 232 $3,340.80 Arctic Wolf Managed Risk User License $74.25 192 $14,256.00 Arctic Wolf Managed Risk Server License $74.25 40 $2,970.00 Arctic Wolf Managed Security Awareness Service $22.28 192 $4,277.76 Arctic Wolf Platform - Base Platform $2,025.00 1 $2,025.00 Arctic Wolf Platform - Users and Servers $11.14 232 $2,584.48 Arctic Wolf IR JumpStart Retainer $0.00 1 $0.00 Subtotal:$72,683.11 Page: 2 of 4Quote #007852 v1 LOFF LER TECHNOLOGY TO POWER SUCCESS AWN Renewal with 1 Year Log Retention Prepared by:Prepared for:Quote Information: Loffler Companies Inc Stillwater, City of Quote #: 007852 Jeff Gullickson 952-925-6800 Fax 952-925-6820 jgullickson@loffler.com 216 4th St N Stillwater, MN 55082-4807 Rich Bornt (651) 430-8811 rbornt@stillwatermn.gov Version: 1 Delivery Date: 11/27/2023 Expiration Date: 12/14/2023 Quote Summary Description Amount Arctic Wolf Network $72,683.11 Total:$72,683.11 Lease Options Description Payments Interval Amount Lease Estimates 36 Month 36 Monthly $2,687.09 60 Month 60 Monthly $1,772.74 The lease options above are presented as an estimate only. Please contact Loffler to discuss payment options in more detail. PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL PREP, INSTALL, DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. - ALL RETURNS MUST BE APPROVED BY LOFFLER COMPANIES - MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING MAY APPLY. PARTIAL BILLING MAY APPLY FOR PRODUCTS AND SERVICES. - FOR ALL RACKS, SANS AND OTHER SPECIAL SHIPMENTS, THE FREIGHT COSTS WILL BE BILLED TO THE END USER AS QUOTED OR AT ACTUAL COST INCURRED - THIS DOCUMENT IS CONFIDENTIAL AND SHOULD NOT BE DISCLOSED TO ANY THIRD PARTY WITHOUT WRITTEN PERMISSION OF LOFFLER COMPANIES, INC. ALL CREDIT CARD PAYMENTS ARE CHARGED A 3% PROCESSING FEE. SALES TAX TO BE CALCULATED ON INVOICE. Any term not otherwise defined herein shall have the meaning specified in the Agreement. In the event of any conflict or inconsistency between the terms of this SOW and the terms of the Agreement, the terms of this SOW shall govern and prevail. https://www.loffler.com/itsg-master-services-agreement-2023 Page: 3 of 4Quote #007852 v1 LOFF LER TECHNOLOGY TO POWER SUCCESS Stillwater, City of Signature: Name: Title: Date: Page: 4 of 4Quote #007852 v1 TECHNOLOGY TO POWER SUCCESS DATE: TO: FROM: SUBJECT: BACKGROUND The Greater Stillwater Chamber of Commerce has submitted an event application for a special event permit to hold the 2024 World Snow Sculpting Championship (WSSC) at North Lowell Park on January 17, 2023 through January 21, 2024. This is the 3rd year that this event will be held here in Stillwater where teams from around the world create snow sculptures. Set up will occur starting on January 04, 2024 through January 16, 2024. Clean up will occur on January 22, 2024. The Chamber of Commerce is requesting to reserve parking lots 4 & 5 for the setup and the event dates. Parking Lots 9 and 11 would need to be reserved for snow making from January 4 through January 16. The snow making process may require making snow into the overnight hours in parking lot #9 when temperatures are ideal for snow making. The equipment used for this process can reach sound levels of 83 to 116 decibels (dB) and would. City Ordinance Sec. 38-3 prohibits excessive noise between the hours of 10:00 p.m. and 8:00 a.m. for the event organizer is requesting a variance for these hours during the duration of set up from January 4 through January 16. Most likely they will not be making snow overnight on all of those dates, but only when temperatures are ideal for making snow. Included in this packet is a spreadsheet with the City fees associated with this event to be invoiced according to the City’s current fee schedule. City fees and costs would likely exceed $25,468, with $8,858.50 going toward parking lot usage. Also included in this packet is a letter from the Chamber of Commerce requesting the waiver of fees associated with this event. Please note, the Downtown Parking Commission recommends to charge the appropriate fees associated with the usage of the lot. They stand united to charge fees on all requests for parking lot reservations for events. RECOMMENDATION Staff recommends that Council review and approve the 2024 World Snow Sculpting Championship Contract and Temporary Liquor License and the noise variance. Council should review and discuss the waiver of fees. ACTION REQUESTED If Council wishes to approve the special event, they should pass a motion approving the 2024 World Snow Sculpting Championship Event Contract and Temporary Liquor License and noise variance for January 4 – January 16, 2024. Also, if the City Council wishes to waive event fees per the request, it should be specified which fees will be waived, if any. December 5, 2023 Honorable Mayor and City Councilmembers Chad Rogness, Parks Superintendent 2024 World Snow Sculpting Championship Event Contract 2024 WORLD SNOW SCULPTING CHAMPIONSHIP EVENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made this 5th day of December, 2023 by an between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the GREATER STILLWATER CHAMBER OF COMMERCE, 333 Main Street North #202, Stillwater, MN 55082 (the “Organizer”). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit the GREATER STILLWATER CHAMBER OF COMMERCE to operate a special event in North Lowell Park from January 17, 2023, to January 21, 2024. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1.Security Deposit: A damage deposit of $1000.00 is required in case there is damage to City’s Park, Parking Lots or nearby landscape. 2.Event/Alcohol. Alcohol will be served and be consumed during this event within the outdoor licensed premises and no other Alcohol or Coolers are allowed. Also, no other licenses such as a Temporary Liquor License can be issued for other events at this location. The Greater Stillwater Chamber of Commerce and the City are tasked with insuring alcoholic beverage sales, service and consumption remain within the confines of the outdoor licensed premises and all other building, zoning or health codes would apply to this service area. 3.Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting participants bringing their own liquor into the park. 4.Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5.Dates and Hours of Event. Operations are limited as follows: Setup: January 4, 2024 to January 16, 2024 Actual Event: January 17, 2024 to January 21, 2024 from 8:00 a.m. to 10:00 p.m. 6.Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7.Use of Parking Lots. The organizer is aware and will inform all event participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the event organizer). The Event is given use of parking lots 4, 5, 8 (3 Spots), 9 and 11. Parking lots 8 (3 Spots), 9 and 11 will only be needed for snow making and will be available for parking on January 18th. The Organizer agrees to pay the City for the use of the parking lots according to the parking space fees designated by the City Council. 8. Trail. The bicycle and pedestrian trail must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park or parking lot as determined by the City. 10. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to use barricades for parking lot closure, trash removal and electricity for vendors. The Organizer will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. The City will supply and equip the public restrooms when they are open for use. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrances. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. If needed, each electrical box needed for the Event will be opened by the City prior to each event. If needed, the Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades following the event. Organizer shall remove trash, additional trash enclosures no later than Noon following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 11. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 12. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 13. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 14. The Organizer hereby agrees to follow the City’s Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the unde rsigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fu lly executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss ) ~ The foregoing instrument was acknowledged before me th is ~ay of ~, 2023, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. STACIE L JENSEN Notary Public Mlnll@$Ota My Commission Expires Jan 31, 2028 GREATER STILLWATER CHAMBER OF COMMERCE. ,-~~ Robin Anthony, Executive Director/President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this 1,o~ay of {J@I~, 2023, by Robin Anthony, Executive Director/President of the Greater Stillwater Chamber of Commerce. ~~l.-(fuue,, oaryPubttc World Snow Sculpting Championship (WSSC) Event Dates: January 17-21, 2024 Snow Making Dates: Jan 4-16 # of Units Per Unit Fee Total Fee Event Application Fee (Paid)1 100.00$ 100.00$ Event Setup Fee 13 days $500/day 6,500.00$ Event Base Fee 5 days $500/day 2,500.00$ Parking Lot 4 (19 Total Set up and Event Days)18 Days $100/day 1,800.00$ Parking Lot 5 (19 Total Set up and Event Days)18 Days $100/day 1,800.00$ Parking Lot 9 for snow making only Up to 13 Days $200/day 2,600.00$ Parking Lot 11 for snow making only Up to 13 Days $200/day 2,600.00$ Parking Lot 8 (3 Spots for camper for snow making)Up to 13 Days $4.50/day 58.50$ Water for snow making (5,000 gal/minute)4 hrs/day $2/10,000 gallons 3,360.00$ Alcohol Permit 3 Days $1,000/day 3,000.00$ Food Service Vendors (1-10 Vendors)5 Days $50/day 250.00$ Security Deposit (On File)1,000.00$ Total Fees 24,468.50$ 333 Main Street North #202 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com November 29, 2023 Mayor and Council Members Joe Kohlmann, City Administrator City of Stillwater 216 4th Street North Stillwater MN 55082 Dear City Administrator, Mayor, and Council Members: As part of the Wintertime in Stillwater Campaign, and in conjunction with the City’s strategic plan to strive to make Stillwater a year-round destination, the Greater Stillwater Chamber of Commerce Foundation (Foundation) will again host the World Snow Sculpting Championship (WSSC) in January 2024, to boast the economy and bring business to the City of Stillwater; in what normally is a quiet time for our business community. We have already been working with staff and council members to bring these events to our beautiful parks in Stillwater and will continue the work through the first quarter. We are excited to partner with the City of Stillwater for locals and visitors to enjoy this world class experience in downtown. World Snow Sculpting Championship (WSSC) January 17-21, 2024 Location: North Lowell Park on both sides of the Gazebo, parking lots 4-5-9, Myrtle Street (the portion in front of the Gazebo), and park of the lot behind Water Street Inn, along with other inside venues in the city. High level park logistics: Snow making will be conducted in lot 9 starting after Christmas, dates TBD and the snow will move to the park to build the forms (all weather dependent). There will be a large, heated tent in lot 5, and the lot behind Water Street Inn next to the ice rink, a small snow slide, music piped in the park and live music (weather permitting) in the Gazebo on Saturday Night for the closing ceremonies and awards; and The World’s Coolest Block Party on Saturday night and MinneSnowta Nice Day on Sunday. Once again our partner Market and Johnson and Midestate will be assisting with the moving of the snow into the forms and this year Afton Alps will be making snow in lot 9 and there will be a sculpture at the entrance to Afton Alps with signage to assist with the promotion prior to the event. There will be a work trailer to house the sculpting equipment when not in use, four-wheeler sand tents for sponsors as well as a camper parked by lot 9 for the snow makers to warm up while making the snow. We will continue to work with the Steering Committee and city staff on these logistics and as the event planning progresses. Program: Wednesday, January 17th 9 am – 3 am snow sculpting in the park. Music piped in at 9 am – 9 pm. Evening event: Opening Ceremony at the JX Event Center. Team introduction, sponsors, dignitaries, and open to the public with limited seating. GREATER STILLWATER HAMBER. of COMMERCE GREATER STILLWATER CHAMBER of COMMERCE ,., ____ .\ ~,.,., ... -FOUNDATION 333 Main Street North #202 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com Thursday, January 18th 6 am – 3 am snow sculpting in the park. Friday, January 19th 6 am – 3 am snow sculpting in the park. Concession tent opens 10 am – 9 pm, music piped in 9 am – 9 pm. Saturday, January 20th 6 am – 2 pm snow sculpting in the park. Concession tent opens 10 am – 9 pm, music piped in 9 am – 10 pm. Food Trucks. Evening Event: Awards – Closing Ceremony 4 pm at the Gazebo (weather dependent). 7 pm – 10 pm. THE WORLD’S COOLEST BLOCK PARTY in the park. This year we will be having a VIP invite in one of the tents from 5-7 pm which the city staff and elected officials are invited to attend. Sunday, January 21st Concession tent opens 10 am – 6 pm / music piped in 9 am – 6 pm Day event: ‘MinneSNOWta Nice’ Day. Characters and entertainers in the park. Again, like the last few years, we are seeking City Partnership for this event which includes: ● In-kind use of Lowell Park ● In-kind use of electric ● A link on the city website to the event site ● City promotion of the event ● In-kind cost for water from hydrants ● In-kind plowing and snow removal – understanding that if there is a snow emergency the priorities are the city ● In-Kind Public Safety, we will have overnight security during the event by a security firm The Foundation: ● The event will be hosted by the Chamber in partnership with the City of Stillwater ● The City logo will be placed on our website and listed as a sponsor on all marketing materials and noted as a partnership with the Chamber ● Provide open invitations to all the ceremonies and events to City Council and Department Heads ● As in past years, we would like to keep the sculptors up for a few weekends after the event if weather permits Since we do plan to use the Gazebo during this event, we ask that the Gazebo tree come down prior to January 15, 2024, for this event. We are proud to host this event in our historic downtown Stillwater, hosted by the Foundation in partnership with the City of Stillwater. This is a $200,000 investment for the Foundation and last year, the businesses donated in-kind rooms, food, and other services to a tune of over $125,000, so we are all invested. We value and appreciate your partnership and sincerely appreciate all you do. Warmest Regards, Robin Anthony, IOM President Greater Stillwater Chamber of Commerce GREATER STILLWATER HAMBER. of COMMERCE GREATER STILLWATER CHAMBER of COMMERCE ,., ____ .\ ~,.,., ... -FOUNDATION DATE: December 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: Ice Rink Parking Lot #4 Contract BACKGROUND Mr. Chuck Dougherty with the Water Street Inn has submitted an event application for an Ice Rink in Parking Lot #4 to occur from January 8th to March 20th, with set up on January 1st through January 7th. The rink has been approved and installed since 2020. According to Chuck, last three years went great with families enjoying ice time, even the Stillwater Girls Skating Team held practice once a week, as well as hosting the Frozen Flannel. The event organizers have been in discussion with other event organizers to use this rink for other events including: Jim Honsvall, St. Croix Curling, Judd Sather, Winterfest and Chamber of Commerce. They are proposing that when the rink is not being used for events, that it will be open for public skating. The rink will be set up starting on the southern and eastern edges of the parking lot. The event organizer is proposing to pay the costs to install the 40’ x 116’ skating rink in the southeastern portion of Parking Lot #4 along with the following costs: costs for upkeep, all insurance coverage, public bathrooms (in the hotel), use of the ballroom area for warming space and team meeting area, and use of heaters on their outside patio. They are requesting that the City provides the following: approval of the use of parking lot #4, to move some benches/tables around the rink, use of city hydrants for the first two floodings (will use water from hotel after that), help from the City with removal of the snow piles from outside of rink as needed, waiving of all city fees associated with this request. As with each Spring, there should be consideration for a possible Spring flood and removal of the rink in a timely manner. RECOMMENDATION Staff recommends approving the contract for Public Ice Rink Parking Lot #4. ACTION REQUESTED If Council wishes to approve the special event, they should pass a motion approving the Contract for 2024 Hockey Rink in Parking Lot #4. If the City Council wishes to waive event fees per the request, it should be specified which fees will be waived, if any. 2024 HOCKEY RINK IN PARKING LOT #4 EVENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made this 5TH day of December, 2023 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the WATER STREET INN, 101 Water Street S, Stillwater, MN 55082 (the “Organizer”). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit Water Street Inn to install a 40-foot by 116-foot ice rink in Parking Lot #4 in January 2024 to March 2024; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to City’s parking lot or nearby landscape. 2. Event/Alcohol. Water Street Inn is tasked with insuring alcoholic beverage sales, service and consumption remain within the confines of their indoor premises and all other building, zoning or health codes would apply. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting participants bringing their own liquor into the event space. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: Setup: January 1, 2024 to January 7, 2024 Actual Event: January 7, 2024 to March 19, 2024 from 8:00 a.m. to 10:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The organizer is aware and will inform all event participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the event organizer). The Event is given use of the southeastern section of Lot 4. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Trail. The bicycle and pedestrian trail must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park or parking lot as determined by the City. 10. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to use barricades for parking lot closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. The City will supply and equip the public restrooms when they are open for use. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrance on Myrtle Street. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. If needed, each electrical box needed for the Event will be opened by the City prior to each event. If needed, the organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades following the event. Organizer shall remove trash, additional trash enclosures no later than Noon following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 11. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 12. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 13. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 14. The Organizer hereby agrees to follow the City’s Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER ______________________________________________ Ted Kozlowski, Its Mayor Attest: ______________________________________________ Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2023, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. Notary Public WATER STREET INN _________________________________ Chuck Dougherty, Owner STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2023, by Chuck Dougherty, Owner of the Water Street Inn. Notary Public Ice Rink on Parking Lot #4 I'm again working on having an Ice Rink installed Parking Lot #4 as part of Wintertime in Stillwater. Last three years went great with many families enjoying some ice time, even the Stillwater Girls Skating team held practicing on the rink once per week. We will also host Frozen Flannel to this downtown rink. We are in talks with other organizations about using this rink ( Jim Honsvall; St. Croix Curling, Judd Sather; Winterfest, and Chamber of Commerce). When the rink is not being used for events, it will be open for public skating. Our hope would be to start setting up the rink right after the 1st of the year. Water Street Inn will pay the cost to again install a 40' X 100' rink on Parking Lot #4. We will also provide: • The cost of the up-keep. • All insurance coverage that is required • Public bathrooms (in the hotel) • When there are events going on the rink, our ballroom area can be used as a warming space and team meeting area. • We will also have heaters going on our outdoor patio space and in our covered patio. What we would need from the City is: • Approval to use lot #4 from January 1st until Mid-March • To move some benches / tables around the rink. • Use of city fire hydrant for the first two floodings (will use water from hotel after that) • Help with removal of the snow piles from outside the rink area should they become a problem. • Waiving of all City Fees associated with this request Thank you for your consideration. Sincere!* ~gnetty DATE: December 5, 2023 TO: Honorable Mayor and City Council FROM: Ben Gutknecht, Planning Manager Tim Gladhill, Community Development Director SUBJECT: CD 2023-48 – Zoning Map Amendment, Preliminary Plat and Final Plat: 12811 62nd Street North BACKGROUND The City has received an Application from Kurt Zaspel for a Zoning Map Amendment, Preliminary Plat, and Final Plat to facilitate the reconfiguration of two existing lots into two new lots that comply with local zoning controls. The two lots will consist of a newly reconfigured Lot with the existing dwelling located on it and an outlot. The outlot is proposed to be sold to the owner of adjacent property (2800 Curve Crest Blvd) who intends to leave it as is to preserve the existing vegetation. At the meeting the City Council will only be acting on a Zoning Map Amendment request. City Stall will outline the proposed plat to ensure there is a comprehensive understanding of the request. However, final action of the Preliminary and Final Plat will be taken at the same time as the Zoning Map Amendment’s Second Reading. The Planning Commission held a public hearing and recommended approval of the Zoning Map Amendment on November 15, 2023. The Planning Commission also held a public hearing and adopted a resolution of approval for the Preliminary and Final Plat on November 15, 2023. The 60-day rule expires on December 8th, 2023. Staff has sent a letter extending the review period by an additional 60 days, which expires on February 6, 2024. Comprehensive Plan (future vision) The 2040 Comprehensive Plan guided these parcels as Low Density Residential. This designation provides for a density of 1 to 4.4 units per acre. Typical uses include single family homes, other uses include playgrounds, parks, churches and schools. This designation is also the predominant type in western Stillwater and is the largest category throughout the City with 1,527 acres in the LDR land use category. This proposed map amendment helps advance the goals of this land use designation. r illwater "~ --~ THE BIRTH P LACE OF M I N NESOTA ) The City is still in the process of implementing the 2040 Comprehensive Plan. A key piece of implementation is to update the City’s Official Zoning Map (regulatory context) to be consistent with the 2040 Comprehensive Plan. That has not yet occurred for this site, so it is ripe for consideration. The Comprehensive Plan allows a density range between 1-4.4 units/acre. The proposed project has a net density of 4.1units/acre. Zoning Considerations The Applicant is proposing a Zoning Map Amendment to LR: Lakeshore Residential District. This is appropriate in this application and is consistent with the 2040 Comprehensive Plan. This is the same district used directly adjacent to this site on the north side of 62nd Street N. Further, the property is located within the shoreland management overlay district. The site is currently located in the AP: Agricultural Preserve District. Dimensional Standards Review Required Proposed Lot 1 Proposed Outlot A Lot Area 20,000 square feet Minimum Net slopes = 48,704 sf Net slopes = 33,185 sf Lot Width 80 feet 350.38 208.76 feet Lot Depth 170 feet 173.96 173.96 feet Frontage Requirement 35 feet 350.38 208.76 feet Setbacks Front Yard House – 25 feet Garage (front facing) – 32 feet Garage (side facing) – 20 feet House – 77’ Garage (side facing) – 45’ N/A Side Yard House – 10 feet Garage – 5 feet House – 67’ to east lot line, 172’ to west lot line. Garage – 81’ to east lot line, N/A 189’ to west lot line. Rear Yard Any Building, swimming pool or other structure – 85 feet to OHWM Compliant N/A Impervious Surface 12,176 square feet (25% of lot may be covered per Shoreland Management overlay) 6,420.97 st Right-of-Way Dedication The applicant is dedicating a total of 20,456 square feet as right-of-way for 62nd Street North, thus ensuring consistency with the right-of-way to the east of the site. Tree Preservation There is no proposed removal of trees associated with this project therefore a preservation plan is not required. Parkland Dedication Because the applicant is not proposing the dedication of any trail or parkland, per Section 48-51, a parkland dedication fee of $2,000 and trail dedication fee of $500.00 will be required consistent with the creation of one new lot. Additional Comments As noted in the above table, the proposal complies with the proposed LR District massing standards and does not appear to create a nonconforming structure with the existing dwelling. The applicant will be connecting to sanitary sewer and water per the requirements of the Engineering Department. This will include the abandonment of the existing septic system. RECOMMENDATION Based on guidance of the Comprehensive Plan, Staff finds it appropriate to approve the request as presented, with conditions of approval as outlined in this report and resolution. ALTERNATIVES A. Approve as presented B. Postpone and direct modifications and/or request additional information C. Deny with findings ACTION Zoning Map Amendment Motion to approve/deny the first reading of the Zoning Map Amendment. City of Stillwater Washington County, Minnesota AN ORDINANCE AMENDING CHAPTER 31, ARTICLE 3 SECTION 31-303 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING COVE TOWNHOUSE RESIDENTIAL ZONING CASE NO. 2023-48 The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. The zoning of the following property, depicted on Exhibit A, attached hereto, is hereby rezoned from Agricultural Preserve to be rezoned as Lakeshore Residential: Property located at 12811 62nd Street North (PID# 3103020440007) and (PID# 3103020440008) SECTION 2 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 19th day of December 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 2 EXHIBIT A Zoning Amendment-· Proposed Zoning November 2:023 ---=====i Feet 0 80 D Parce ls AP: Agricultural Preservation -CRD : Campus Research District ~ LR: Lakeshore Residential -PROS: Park, Recreation, or Open Space City of Stillwater Washington County, Minnesota RESOLUTION PC 2023-27 RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT FOR ZASPEL RIDGE ADDITION WHEREAS, the City of Stillwater received a Preliminary Plat and Final Plat application from Dan Thurmes (“Representative”) and Kurt and Lisa Zaspel (“Property Owners”) for Properties owned by Kurt and Lisa Zaspel (“Owners”), located at following properties;  12811 62nd Street North legally described as in Exhibit A (the “Properties”); and WHEREAS, the Owners are proposing to convey the proposed Outlot A to the adjacent property and is not intended to be a separate developable lot; and WHEREAS, the proposed Outlot A is not considered a developable lot by definition, but would comply with current minimum lot size, lot width, and lot depth zoning requirements and would be able to accommodate a future structure if platted as a buildable lot; and WHEREAS, the Planning Commission reviewed the request on November 15, 2023. NOW THEREFORE BE IT RESOLVED that the City of Stillwater Planning Commission hereby approves the preliminary and final plat of Zaspel Ridge Addition, with the following Conditions of Approval: 1. Site shall be developed in substantial conformance with the plans on file with the Community Development Department, except as modified by the conditions herein. 2. Review and approval by Brown’s Creek Watershed District 3. Parkland and Trail dedication fees paid for prior to release of Plat. 4. Review and Approval by the City Engineer Adopted by the Planning Commission this 15th day of November, 2023. CITY OF STILLWATER John Dybvig, Planning Commission Chair ATTEST: ______________ Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant’s Property Situs Address: 12055 80th Street North Parcel ID: 31-030-20-44-0007 Abstract Property Type All that part of the South 1/2 of the Southeast 1/4 of Section 31, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the Northwest corner of said South 1/2 of the Southeast 1/4; thence South 89°25' 16" East (assumed bearing) along the Northerly line thereof 42.00 feet; thence South 65°12'11" East 214.95 feet; thence Easterly along a tangential curve, concave to the North, radius 1333.12 feet, central angle 17°03'51" 397.04 feet; thence South 82°16'02" East along tangent 806.81feet; thence South 82°56' 16" East 66.50 feet to the point of beginning of the parcel being described; thence continuing South 82°56' 16" East 534.32 feet; thence South 19°51'55" West 227.39 feet; thence North 81°14'15" West 458.34 feet; thence North 209.73 feet to the point of beginning, EXCEPT that part of the South 1/2 of the Southeast 1/4 of Section 31, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows, to wit: Commencing at the Northwest corner of the South 1/2 of the Southeast 1/4; thence South 89°25'16" East (assumed bearing) along the Northerly line thereof 42.00 feet; thence South 65°12' 11" East 214.95 feet; thence Easterly along a tangential curve, concave to the North, radius 1333.12 feet, central angle 17°03'51", 397.04 feet; thence South 82°16'02" East along tangent 806.81feet; thence South 82°56'16" East 538.44 feet to the point of beginning of the parcel being described; thence continuing South 82°56'16" East 62.38 feet; thence South 19°51'55" West 227.39 feet; thence North 81° 14' 14" West 61.99 feet, more or less, to the intersection with a line which bears South 19°51'55" West from the point of beginning; thence North 19°51'55" East along said line 225.51feet, more or less, to the point of beginning. AND All that part of the South 1/2 of the Southeast 1/4 of Section 31, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the Northwest corner of the South 1/2 of the Southeast 1/4 of Section 31, Township 30 North, Range 20 West, Washington County, Minnesota; thence South 89°25' 16" East (assumed bearing) along the Northerly line thereof 42.00 feet; thence South 65°12'11" East 214.95 feet; thence Easterly along a tangential curve, concave to the North, radius 1333.12 feet, central angle 17°03'51", 397.04 feet, thence South 82°16'02" East along tangent 806.81feet to the point of beginning; thence South 82°56'16" East 66.50 feet; thence South 209.73 feet; thence North 81°14'14" West 66.78 feet more or less to the intersection with a line which bears South from the point of beginning; thence North 207.73 feet to the point of beginning. μ 013026065Feet General Site Location Site Location 12811 62nd Street North ^ ~ a. ; C'I I 0 ~ "' CD ~ C ,!: ~ :$ 0 CD u C'I I - a. - ;S ·- ff i CD ¢: UNDERGROUND UTILITIES NOTES: THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEYINFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOTWARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED ASACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKET NUMBER(S) XXXXXX. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OFWHICH WE ARE UNAWARE MAY EXIST. EXISTING LEGAL DESCRIPTION: SURVEY NOTES: (AS SHOWN ON WARRANTY DEED DOC. NO 3238768) All that part of the South 1/2 of the Southeast 1/4 of Section 31, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the Northwest comer of said South 1/2 of the Southeast¼; thence South 89°25' 16" East (assumed bearing) along the Northerly line thereof 42.00 feet; thence South 65°12'11" East 214.95 feet; thence Easterly along a tangential curve, concave to the North, radius 1333.12 feet, central angle 17°03'51" 397.04 feet; thence South 82°16'02" East along tangent 806.81 feet; thence South 82°56' 16" East 66.50 feet to the point of beginning of the parcel being described; thence continuing South 82°56' 16" East 534.32 feet; thence South 19°51'55" West 227.39 feet; thence North 81°14'14" West 458.34 feet; thence North 209.73 feet to the point of beginning, EXCEPT that part of the South 1/2 of the Southeast 1/4 of Section 31, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows, to wit: Commencing at the Northwest comer of the South 1/2 of the Southeast 1/2; thence South 89°25'16" East (assumed bearing) along the Northerly line thereof 42.00 feet; thence South 65°12' 11" East 214.95 feet; thence Easterly along a tangential curve, concave to the North, radius 1333.12 feet, central angle 17°03'51", 397.04 feet; thence South 82°16'02" East along tangent 806.81 feet; thence South 82°56'16" East 538.44 feet to the point of beginning of the parcel being described; thence continuing South 82°56'16" East 62.38 feet; thence South 19°51'55" West 227.39 feet; thence North 81 ° 14' 14" West 61.99 feet, more or less, to the intersection with a line which bears South 19°51'55" West from the point of beginning; thence North 19°51'55" East along said line 225.51 feet, more or less, to the point of beginning. AND All that part of the South 1/2 of the Southeast 1/4 of Section 31, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the Northwest corer of the South 1/2 of the Southeast 1/4 of Section 31, Township 30 North, Range 20 West, Washington County, Minnesota; thence South 89°25' 16" East (assumed bearing) along the Northerly line thereof 42.00 feet; thence South 65°12'11" East 214.95 feet; thence Easterly along a tangential curve, concave to the North, radius 1333.12 feet, central angle 17°03'51", 397.04 feet, thence South 82°16'02" East along tangent 806.81 feet to the point of beginning; thence South 82°56'16" East 66.50 feet; thence South 209.73 feet; thence North 81°14'14" West 66.78 feet more or less to the intersection with a line which bears South from the point of beginning; thence North 207.73 feet to the point of beginning. TITLE NOTES:0 NORTH 30 60 1. NO TITLE COMMITMENT WAS PROVIDED.2. SUBJECT TO 62ND STREET N. DEVELOPEMENT DATALEGEND: UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] CONCRETE SURFACE BITUMINOUS SURFACE FOUND MONUMENT SET 1/2" IRON PIPEMARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN FLARED END SECTION STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING TRAFFIC SIGNAL CONIFEROUS TREE DECIDUOUS TREE BUILDING SETBACKS: FRONT = 25' HOUSE, 32' GARAGESIDE = 10' HOUSE, 5' GARAGE REAR = MAX X% LOT COVERAGE PROPOSED ZONING = LR - LAKE SHORE RESIDENTIAL TOTAL PARCEL AREA = 106,742 SQ. FT. / 2.45 ACRES LOT 1, BLOCK 1 = 51,985 SQ. FT. 48,704 SQ.FT. BELOW 24% SLOPE11,021 SQ.FT. OF ADJACENT R/W OUTLOT A = 34,301 SQ. FT.33,185 SQ.FT. BELOW 24% SLOPE 9,435 SQ.FT. OF ADJACENT R/W TOTAL RIGHT OF WAY = 20,456 SQ. FT. OWNER: KURT & LISA ZASPEL 12811 62ND ST N STILLWATER, MN 55082 651-368-6474 JC23060 SURVJC060 PRELIMINARYPLAT COUNTY/CITY: REVISIONS: PROJECT LOCATION: Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net DATE REVISION PROJECT NO. FILE NAME 4-27-23 PRELIMINARY ISSUE CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daniel L. Thurmes Registration Number: 25718 Date:__________________4-27-23 1. BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD 1983.2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWATER ENGINEER DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN ORLOCATED. 4. CONTOURS OUTSIDE OF PARCEL LINES SHOWN PER LIDAR DATA OBTAINED FROMTHE DNR MNTOPO WEBSITE. NOT FIELD VERIFIED. 5. DATE OF FIELD TOPOGRAPHY = 4-21-236. WELL SHOWN ON SURVEY.7. SEPTIC TANKS AND DRAIN FIELD NOT SHOWN. RIGHT OF WAY NOTE FOR THE PURPOSE OF THIS SURVEY THE RIGHT OF WAY WIDTH FOR 62ND STREET NORTH HAS BEEN SHOWN TO BE 30 FEET FROM THE TRAVELED CENTERLINE OFTHE BITUMINOUS ROAD. THE ACTUAL WIDTH OF THE RIGHT OF WAY MAY DEPEND ON USE. THE RIGHT OF WAY SHOWN IS FOR REFERENCE PURPOSES ONLY. AREAS: TOTAL PARCEL AREA = 106,742 SQ. FT. / 2.45 ACRES RIGHT OF WAY AS SHOWN (SEE R/W NOTE) = 20,456 SQ. FT. LEGAL DESCRIPTION DETAIL NORTH NO SCALE DENOTES AREAS OF 24%SLOPE OR GREATER WITHIN PROPSOED LOTS 8-14-23 PRELIMINARY PLAT TO BE ACQUIRED BYBRADSHAW 10-9-23 PRELIMINARY PLAT /, ~ : -· I ~ l +"''~ .. / / •·" ,,, 'r· ' 1, ),/,,_G":.-1' 9-,., ✓~ot~ \ {J<P-',1-X--•· \ -\ b~;--\ '° ~.x,// ~I -·"t......::,J-~ ~ ~~-- I I I I I I I I I I --L -~~ ,,/' jf 'k& ~...,." : ,/'~/\~~~'--,,\ -\·· .,.,,:,,:,.-., '\ ,.,.,, ~& \-;:. • •. '' ' / "" ' ' ,.., ' ~. \ t '"' .;;.\\'; '' ' ------------, ~--------------------@ i I I I I I I I ,.... I 1 L}~~'~················~~~;·························~~n iT-..;.c.:._~fj 1 I I I -·"~"''"=" I I J/·~~~-s,J -·~ I I I I J ~-------------------------------- on ! OUTLOTA ~ ': " 0 'II ~ ~ ,. '11 'ii 0) . " • 0 ~:: e • " ~ I _,/ # I r-- AA 7 ~ .,, "" =1~- 1 ~ i h t ~ Goph.er State One Call ~ =~~~~~;;~i:Ol - ZASPEL RIDGE ADDITION <2:WASHINGTC>N <=c::::>1...J ........ ~...._..... t c::::= I ~ c::::> F=" .S-rlLLWA.""TER. ~ <?~f).~'{ i:1 2 B 1 1 62ND ST. N. PID#3 l 03020440007 PID#3 l 03020440007 LEGAL DESCRIPTION DETAIL NORTH 1"=200' 1010 5 5 ZASPEL RIDGE ADDITION SCALE IN FEET NORTH SCALE: 1 INCH = 25 FEET 0 25 50 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey.net ~! e I "t f f i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I / / -- - ~ - "t -- -- - - - / I I I I I I I I I I I I I / I I I 1- I I -- I I 1- / I I I I I r- - - - - - - - - 1 -- - - - , i @ .i I O I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L- - - - - I -- - I -- - - - ~ 0 NORTH 30 60 OWNER: KURT & LISA ZASPEL 12811 62ND ST N STILLWATER, MN 55082 651-368-6474 JC23060 SURVJC060 TREESURVEY COUNTY/CITY: REVISIONS: PROJECT LOCATION: Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net DATE REVISION PROJECT NO. FILE NAME Significant Tree: a tree measuring at least 6 inches in diameter at 54 inches above ground (dbh). Cottonwood, silver maple, and box elder are protected as a size of 20 inches (dbh). Buckthorn and Siberian elm are not considered significant trees at any size. DENOTES TREES AS IDENTIFIED AND LOCATED BY: Mark Rehder President & CEO Rehder Forestry Consulting www.rehderforestryconsulting .com 612-760-3519 NOTE: THE LOCATION OF THE TREES SHOWN ARE APPROXIMATE AND SHOULD NOT BE RELIED UPON FOR ARCHITECTURAL OR ENGINEERING DESIGN. TREES: 5-12-23 ISSUED Z ► u ,- . . . , - . . . LI J u r- z 00 0 ~ 00 z~ ~r 00 O· ,. . i- : st st st s t I- ~ uz d 00 () j 1/ l NN :Q ~ ~J 00 N~ ,, , , , , LI J ~ ~o 00 ,, , , , , z: : , ~u u ~ N "" " " c: : : : " ' Cl C l 0~ ,- ID 0: C: + + + + u~ IU I ll t I IU U U U I I I I I I i t .. . . . ; I il l U I I I I I I I I U t t t ! t t t t t t l t I IH II ,j . . . . . uu 1 ! t 1 1 I • ti tl l u. ,H ) U! H l t J J J ! J J J U .J U IJ II JI II ! U] H ! uu uu IJ JJ J J Hu u h 11 1 1 II !I J! J UH !l U ] J U J J J I I JU U ! Il l 11 " IJ H H ! !! l! ! J U U J UJ HU U I ll l ! l i l l l ! l l l l l l l l l l l l l l l l l : : : : : : : 1 1 1 : : 1 I ll l l l l f ll l l l ! l ! ! I l l l l ! J ! l l : : : : : : : l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l i l l l l l l i l l l l l l l l l l l l l l l l l l : : !~ l l ! ! ! l l l U i l l l t l ! I U I U I U l l l l l l l l l l l l ! U S ! ! l ! ! t t t l l l l l l l l l l l l l l l l l l l l l l l l U U U a a a t a H U I I u1 ; . 1 1 1 1 1 1 1 1 1 1 1 1 u 1 u 1 . 1 1 , 1 u 1 1 1 1 u u 1 2 a a If l I I U f t I 11 1 1 1 II Ul 11 1 1 i ll f l U ! 11 1 1 II tu t t t I} l l l 3 J .U U l u !H U IU . t u i i 11 1 J ! I J J J ! !! ! H U U J H U l 1 l. t J . r . t u ! 11 r ! JI ! , ! : ! ! . ! ! JU J. H } H JU J U J U. t l L I HJ t J J ! ! l l l U UU . ! H J J ! !U U . t H 1 I• .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ll II I I ,I I l ■ :1 • • · · · · · · · · · · · · .. . . . . . , .• . .; .. . . ' .. 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I I I I I I I I I I I I I )! 1 / ~ I ,; I <I f - I I -- + - t { I I I I I I L City of Stillwater 2024 Truth-in-Taxation Budget Meeting December 5, 2023 Joe Kohlmann City Administrator C i t y o f S t i l l w a t e r 2024 Budget •St Croix Valley Recreation Center and Lily Lake Ice Arena •Public Library •Parks, Community Beautification •Sanitary Sewer & Storm Sewer •Water Supply System •Signs & Lighting •Parking •Infrastructure, Capital Improvements The City of Stillwater provides a wide array of services including: •Public Safety – Police, Fire and EMS •Building Inspections/Permits, Planning •Engineering, Streets Maintenance •Administration, Elections, Human Resources, Information Technology •Finance/Accounting C i t y o f S t i l l w a t e r Significant 2024 Budget ImpactsSignificant 2024 Budget Impacts •Total proposed 2024 operating budget of over $20 million •Proposed property tax increase of 7.67% over 2023 •8.3% (average) increase in market value from 2023 to 2024 for residential properties (Estimate from County) •7% increase in Health Insurance premiums (active employees) •New Positions: •Police (2 FTE) •Fire (2 FTE) •Assistant Public Works Director (1 FTE) •Bond Issuance of $5,200,000 for capital outlay and street projects C i t y o f S t i l l w a t e r 2024 Proposed Operating Revenues* 2024 Proposed Operating Revenues* Property Taxes 70% Franchise Fees 2% Lodging Tax 2% Licenses/Permits 3% Intergovernmental 6% Charges for Services 16% Fines & Forfeits < 1% Miscellaneous 1% Revenue Type Amount Property Taxes $14,847,295 Franchise Fees $490,000 Lodging Tax $300,000 Licenses/Permits $665,900 Intergovernmental $1,337,251 Charges for Services $3,492,959 Fines & Forfeits $50,000 Miscellaneous $458,537 Total Operating Revenues $21,641,942 * Includes General Fund and budgeted Special Revenue Funds. Excludes Bond Proceeds. C i t y o f S t i l l w a t e r 2024 Proposed Operating Expenditures*2024 Proposed Operating Expenditures* Expenditure Type Amount General Government $5,251,319 Public Safety $9,123,730 Public Works $2,058,654 Culture & Recreation $5,239,724 Total Operating Expenditures $21,673,427 General Government 24% Public Safety 42% Public Works 10% Culture & Recreation 24% * Includes General Fund and budgeted Special Revenue Funds. Excludes Capital Outlay, Debt Service and Enterprise Funds. Public Safety: General Government: Police, Fire Mayor & City Council Building Inspections Elections, MIS Emergency Management Finance, Lodging Tax Administration, HR Culture & Recreation: City Attorney Special Events Plant/City Hall Rec Center Community Development Library, Parks Unallocated Community Beautification Public Works: Engineering Streets WACO Recycling C i t y o f S t i l l w a t e r Property Tax Levy Proposed 2024 vs Adopted 2023 2023 Adopted CITY-WIDE LEVY 2024 Requested 2024 Proposed $ Increase % Increase $13,265,987 General Operating Tax Levy $14,897,194 $14,847,295 $1,581,308 11.920% $4,221,060 Debt Service Tax Levy $4,030,058 $3,982,058 -$239,002 -5.662% $17,487,047 Totals $18,927,252 $18,829,353 $1,342,306 7.676% 2023 Adopted PARCEL-SPECIFIC LEVY 2024 Requested 2024 Proposed $ Increase % Increase $40,700 WMO Tax Levy $41,800 $41,800 $1,100 2.703% C i t y o f S t i l l w a t e r Property Tax Rate Proposed 2024 Notes: Property Tax Levy amount includes Water Management Organization (WMO) *2024 Taxable Tax Capacity numbers and fiscal disparity numbers are estimates from Washington County. Formula: Total City Property Tax Levy  City’s Taxable Tax Capacity = City Tax Rate Item Actual Pay 2023 Proposed Pay 2024 % Change Property Tax Levy $17,527,747 $18,871,153 7.664% Fiscal Disparity Portion of Levy -$1,426,036 $1,386,870* -2.746% City’s Portion of Levy =$16,101,711 $17,484,283 8.586% City’s Taxable Tax Capacity ÷ $32,914,958 $37,591,078* 14.207% City Tax Rate =49.146% 46.726% -4.924% C i t y o f S t i l l w a t e r City Property Tax Rates Last 9 Years and Estimated 2024* (Rates include WMO) 0% 10% 20% 30% 40% 50% 60% 70% 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024* Year Rate 2015 55.225% 2016 57.425% 2017 57.322% 2018 53.790% 2019 54.629% 2020 53.814% 2021 52.265% 2022 51.924% 2023 49.146% 2024* 46.726% C i t y o f S t i l l w a t e r Tax Impact-Residential 2024 Updated Proposed Actual Payable 2023 Proposed Payable 2024 From 2023 to 2024 Taxable Market Value Tax Capacity City Tax Rate City Property Tax Taxable Market Value Tax Capacity Proposed City Tax Rate City Property Tax Annual Increase Monthly Increase % Change $382,700 3,799 49.146%$1,867.06 $414,500 4,145 46.726%$1,936.79 $69.73 $5.81 3.7% $230,800 2,143 49.146%$1,053.20 $250,000 2,353 46.726%$1,099.46 $46.26 $3.86 4.4% $277,000 2,647 49.146%$1,300.89 $300,000 2,898 46.726%$1,354.12 $53.23 $4.44 4.1% $323,200 3,150 49.146%$1,548.10 $350,000 3,443 46.726%$1,608.78 $60.68 $5.06 3.9% $369,300 3,653 49.146%$1,795.30 $400,000 3,988 46.726%$1,863.43 $68.13 $5.68 3.8% Assumptions: 8.3% increase in Market Value from 2023 to 2024 (Estimate from County) Information is based on Residential Homestead Properties Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature Median Value Home estimate $414,500 C i t y o f S t i l l w a t e r Where Does Your Property Tax Dollar Go? How the City spends each dollar it receives from the tax levy Public Safety: Police, Fire Building Inspections Emergency Management General Government: Mayor & City Council Elections, MIS Finance Administration, HR City Attorney Plant/City Hall Community Development Unallocated Parks Public Works: Engineering, Streets Library Public Safety 35¢ Debt Service 21¢General Government 19¢ Parks 8¢Public Works 8¢ Library 9¢ C i t y o f S t i l l w a t e r Median Home Value Property Tax Breakdown - $414,500 SFH Annual Cost Monthly Cost Public Safety $677.88 $56.49 Debt Service $406.73 $33.89 General Government $367.99 $30.67 Library $174.31 $14.53 Parks $154.94 $12.91 Public Works $154.94 $12.91 TOTALS $1,936.79 $161.40 C i t y o f S t i l l w a t e r Public Safety - $56.49 per month •24/7/365 Police and Fire Protection Services •Fire Services - 2,391 Fire Department Calls in 2022 •Fire Suppression •BLS Medical Calls •Water/Ice Rescue •Fire Prevention •Police Services – 16,495 Police Department Calls in 2022 •Patrol •Investigations •Event Security, Crisis response, Emergency Management •Animal Control, School Resources Officer, Parking C i t y o f S t i l l w a t e r Debt Service - $33.89 per month •Park and Trail Improvements – 35 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities •Street Improvements - 96 miles of street network, 3.4 miles improved 2022 •Building Improvements and Repair – City Hall/Police Department; Fire Station; Carnegie Library; Public Works. •Capital Equipment – IT infrastructure; Police Cars; Fire Trucks; Plow Trucks; etc. C i t y o f S t i l l w a t e r General Government $30.67 per month •100+ City Council / Boards & Commission Meetings •Management of approximately $40 million annual budget •Management, filling, recruiting for 107 positions •Business Licensing, Elections •Maintenance of IT Infrastructure – cameras, computers, data, copiers, security, network •Community Development – Comp Plan, Planning, Zoning, Economic Development, Land Use, Code Enforcement •Auditing, Legal Services, Billing, Accounts Payable, Assessing C i t y o f S t i l l w a t e r Parks $12.91 per month •Maintain Parks and Trails – 35 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities •Clearing trails •Mowing Parks (75 acres) •Event Permitting and Review •Maintaining Park equipment, playgrounds, benches, courts, bathrooms C i t y o f S t i l l w a t e r Public Works $12.91 per month •Maintain 96 miles of roads •Snow and ice removal •Road Maintenance and repairs •Tree Trimming •Crack Sealing •Seal Coating •Painting Crosswalks •Pavement Markings •Sidewalks C i t y o f S t i l l w a t e r City of Stillwater Estimated Property Tax Allocation (all Taxing Jurisdictions) City of Stillwater Estimated Property Tax Allocation (all Taxing Jurisdictions) City of Stillwater, 44% Washington County, 21% Stillwater School District, 30% Other Taxing Districts, 5% Other Taxing Districts include: Met Council Met Council Transit Metro Mosquito Control Watershed Districts Washington County HRA C i t y o f S t i l l w a t e r QUESTIONS ???QUESTIONS ???   DATE: December 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Sharon Provos, Finance Director SUBJECT: City of Stillwater Truth in Taxation Meeting for Consideration and Adoption of Final 2024 Budget and Tax Levy DISCUSSION The City Council will meet on Tuesday, December 5, 2023 to conduct its required Truth in Taxation meeting, and to consider approval of the Final 2024 City Budget and the Final 2024 Tax Levy. The City Council conducted 2024 budget discussions on August 15, September 5, and September 19 during which the Council reviewed operational and capital requests from all departments, affiliated Boards and outside agencies. The 2024 budget requests included revenue and expenditure programming and capital outlay appropriations to align with the themes and initiatives included in the revised Stillwater Strategic Plan, as well as requests for staffing adjustments and capital requests for preservation of current assets and new projects. At the September 19, 2023 meeting, the City Council approved the City’s Preliminary 2023 Budget and Preliminary 2024 Tax Levy resulting in tax levy adjustment of 7.67% over the adopted 2023 Tax Levy. The approved Preliminary 2024 Budget and Levy maintained a balanced 2024 budget and continues the provision of excellent city services and programs to meet the needs of the citizens of Stillwater. As a result of increases in property values and taxable tax capacity, the proposed City of Stillwater Final 2024 Budget and Levy also results in the lowest City tax rate in the past decade. RECOMMENDATION Staff recommends Council approval of the Resolutions: Adopting the Final Tax Levy for Payable Year 2024; Adopting the Final Budget Appropriations for the Year 2024. City of Stillwater Washington County, Minnesota RESOLUTION 2023- ADOPTING THE FINAL TAX LEVY FOR THE PAYABLE YEAR 2024 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $18,829,353 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2024. FURTHER BE IT RESOLVED, that the sum of $41,800 is hereby levied against all taxable properties within the WMO (Watershed Management Organization) parcel-specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2024. The Levy consists of the following: GENERAL TAX LEVY: $14,847,295 DEBT SERVICE TAX LEVY: Fund Required Levy for 2023 Amount 314 G.O. Capital Outlay 2014A 476,061 326 G.O. Capital Outlay 2016A 239,715 327 G.O. Capital Outlay 2017A 397,567 318 G.O. Capital Outlay 2018A 469,578 339 G.O. Capital Outlay 2019A 431,287 321 G.O. Capital Outlay 2021A 401,625 322 G.O. Capital Outlay 2022A 590,520 Subtotal $3,006,353 New Debt G.O. Capital Outlay 2023 482,705 G.O. Capital Outlay 2024 493,000 Total Debt Service Tax Levy $3,982,058 TOTAL TAX LEVY $18,829,353 PARCEL-SPECIFIC LEVY WMO Levy $41,800 Adopted by the Stillwater City Council this 5th day of December, 2023. CITY OF STILLWATER ______________________________ Ted Kozlowski, Mayor ATTEST: _______________________________ Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2023- ADOPTING THE FINAL BUDGET APPROPRIATIONS FOR THE YEAR 2024 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget appropriations for the year 2024 in the amounts for the following funds: Fund Fund Name Amount 100 General Fund $ 19,231,840 200 Special Events Fund 60,000 202 St Croix Valley Recreation Center Fund 2,006,988 230 Library Fund 1,633,483 240 Parks Fund 1,510,253 251 Community Beautification Fund 29,000 255 Washington County Recycling Fund 35,550 285 Lodging Tax 295,562 Total $24,802,676 Adopted by the Stillwater City Council this 5th day of December, 2023. CITY OF STILLWATER ______________________________ Ted Kozlowski, Mayor ATTEST: _______________________________ Beth Wolf, City Clerk Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 BOARD AGENDA December 7, 2023 - 4:45 PM * 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 *PLEASE NOTE: Meeting on Thursday with change in time 1. 2:00 2. 3:00 Personnel Committee Board Workshops with Administration 3. 4:00 Board Workshop with Public Works A. Discuss ordinance updates for Washington County Parks campgrounds. A.Review 2024 Commissioner appointments to commissions, committees, and joint powers boards. B.Consider a potential Land and Water Legacy Program (LWLP) conservation easement project on approximately 3 acres on La Lake in the City of Woodbury. 4.4:45 PM Roll Call 5. 4:45 6. 4:55 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 of the November 14, 2023, and November 21, 2023, County Board meeting minutes. B.Approval to appoint Dr. Gabriel Warren, Woodbury, to the Community Corrections Advisory Board as the BIPOC Community Representative to a first full term expiring December 31, 2026. C.Approval to appoint Traci Leffner to the Workforce Development Board as a Business Representative to a first term expiring December 31, 2026. D.Approve Agreement No. 16062 between Washington County Community Services, County Attorney's Office, Sheriff's Office and the Minnesota Department of Human Services in the amount of $1,017,000 for the period of January 1, 2024, through December 31, 2025, for child support enforcement services. E.Adopt a resolution to release Declaration recorded on certain property located along Red Rock Crossing with PID being 26.028.22.41.0045 described as Outlot A, Newport Station Addition, in the City of Newport. Washington ~ ~County , FYI Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 7. 4:55 8. 5:10 9. 5:25 10. 5:25 11. 5:30 General Administration - Kevin Corbid, County Administrator A. 2023 MCIT County of the Year 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 Break 12. 6:00 PM Public Budget Meeting on Proposed 2024 Washington County Budget A. Public Budget Meeting on the 2024 Proposed Budget. Washington s ~County BOARD AGENDA Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 November 28, 2023 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the November 7, 2023, County Board meeting minutes. B. Approval of citizen reappointments to the Washington County Citizen Boards and Commissions for 2024. C. Approve Contract No. 16045 with Heidi Kiesling, for Multisystemic Therapy services, from final signature through December 31, 2023 D. Approve Amendment No. 2 to Contract No. 15461 with Sarju Stillwater dba Asteria Inn and Suites to extend the term of the contract through December 31, 2024, and add $600,000 for CY 2024 to secure rooms to provide emergency housing for individuals experiencing homelessness in Washington County. E. Approval of Memoranda of Agreement regarding Public Safety Aid retention payments. F. Approve Election Services Joint Power Agreements between Washington County and the Cities of Oakdale and Lakeland. G. Approval of Contract No. 15988 with OTI, Inc. for county yard and tree waste site services for the period of January 1, 2024, through December 31, 2028. H. Approval of Contract No. 15989 with Dakota Wood Grinding, Inc. for county yard and tree waste site services for the period of January 1, 2024, through December 31, 2028. I. Approve the Lower St. Croix Partnership's 2024 Annual Work Plan. J. Adopt a resolution to accept the 2024 allocation and continue implementation of the state's Aquatic Invasive Species presentation aid program. 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 K.Adopt a resolution to authorize the County Board Chair and Administrator to execute on behalf of Washington County a Quitclaim Deed and any other documents necessary to transfer underlying fee ownership of a parcel located on Afton Road within the City of Woodbury to city ownership. L.Approve Amendment 1 to Contract No. 15362 with LHB in the amount of $37,836 for the County State Aid Highway (CSAH) 2 Rehabilitation Project. M.Approve the submission of an application for the No Child Left Inside grant to the Minnesota Department of Natural Resources (DNR) for an amount up to $25,000. N.Adopt a resolution to submit an application to the Minnesota Department of Transportation for the Local Road Improvement Program. O.Adopt a resolution to submit an application to the Minnesota Department of Transportation for the Safe Routes to Schools Program. P.Adopt a resolution to submit applications for federal funding to the Metropolitan Council for the 2024 Regional Solicitation grant program. Q.Adopt a resolution designating Dr. Kelly Mills as the Washington County Medical Examiner beginning January 1, 2024. R.Reject bids that were received on October 31, 2023, for two Patrol Boats. Consent Calendar continued 4. 9:10 5. 9:25 Washington County Community Development Agency - Karly Schoeman, CDA Deputy Executive Director A. Adopt a resolution to amend Washington County’s 2021 Annual Action Plan and authorizing submission of such grant request to the U.S. Department of Housing and Urban Development Public Health and Environment - Adam Frederick, Environmental Operations Coordinator A. Approval of Contract No. 15997 with Clean Harbors Environmental Services Inc. for household hazardous waste labor services for the period of January 1, 2024, through December 31, 2025. 6. 9:40 Public Works - Joe Gustafson, Traffic Engineer A. Approve Cooperative Agreement No. 15981 between the City of Woodbury and Washington County in the amount of $62,274 for the construction of pedestrian improvements and traffic signal modifications at the intersection of County State Aid Highway (CSAH) 16 (Valley Creek Road) at its intersection with Queens Drive within the City of Woodbury. Washington s ~County Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 8. 10:10 9. 10:25 10. 10:25 A. Approve Washington County's 2024 Fee Schedule, Policy No. 1032. 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 Executive (Closed) Session - Public Works A. Attorney-client closed session to discuss proposed settlement options of compensation and damages for P4 Properties LLC, et al as it pertains to the construction of TH 36 and Hadley Avenue (County State Aid Highway 35 now 13) Interchange in the City of Oakdale. 11. 10:45 12. 10:50 13. 11:20 14. 11:40 Adjourn Board Workshop with Public Health & Environment A. Update of yard waste site planning and seek board discussion. Break Board Workshops with Administration A. Land and Water Legacy Program Feasibility Report B. Review the 2024 proposed Washington County budget. 7. 9:55 General Administration - Kevin Corbid, County Administrator Washington s ~County