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Home My WebLink About2024-01-02 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us Notice: A Councilmember will be participating by interactive technology as allowed under Minn. Stat. §13D.02, from Barnes and Noble, 5377 Tamiami Trail N, Naples, FL 34108 AGENDA CITY COUNCIL MEETING January 2, 2024 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II.ROLL CALL III. OTHER BUSINESS 1.Washington County Emergency Housing Services Building 2. Energy Action Plan 3.IT Report IV. STAFF REPORTS 4.Public Works Director 5. Police Chief 6. Fire Chief 7.Finance Director 8.Community Development Director 9.City Clerk 10. City Attorney 11. City Administrator 12.IT Manager 13. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII.ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX.RECOGNITIONS OR PRESENTATIONS 14.Certificates of Appreciation for Ryan Mathre and Sharon Hollatz, Members of the Library Board of Trustees X.OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 15.December 19, 2023 closed session and regular meeting minutes 16.Payment of Bills 17.Data Practices Policy for Members of the Public and for Data Subjects – Resolution 18.Designating a Responsible Authority in accordance with State Data Practices Statute – Resolution 19.Designating the Authority to Make Electronic Funds Transfers – Resolution 20.Designation of Depositories for 2024 – Resolution 21.Gambling Premise Permit for Bayport Amercian Legion at Patriots Tavern – Resolution <SilhY?A The Birthplace of Minnesota ) No Change to Agenda Page 2 of 2 City Council Meeting Agenda January 2, 2024 22. Legal Publication Designation for 2024 – Resolution 23. MS4 Services Agreement for 2024 24. Ordinance Establishing Fee Schedule for 2024 – Ordinance 2nd Reading 25. St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement 26. Stillwater Parking Ramp Restoration Services Agreement 27. Temporary Liquor License for Ascension Church XII. PULIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 28. Case 2023-65 to consider a request of a Preliminary Plat and Final Plat for properties located in Grandview Bluff Addition – Resolution XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 29. Council Representative Appointments to Boards and Commissions – Resolution 30. Designation of Vice Mayor – Resolution 31. VOTER Fund Allocation Memorandum of Understanding XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov Notice: A Councilmember will be participating by interactive technology as allowed under Minn. Stat. §13D.02, from Barnes and Noble, 5377 Tamiami Trail N, Naples, FL 34108 AGENDA CITY COUNCIL MEETING January 2, 2024 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1.Washington County Emergency Housing Services Building 2. Energy Action Plan 3. IT Report IV. STAFF REPORTS 4.Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. IT Manager 13. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 14.Certificates of Appreciation for Ryan Mathre and Sharon Hollatz, Members of the Library Board of Trustees X. OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 15.December 19, 2023 closed session and regular meeting minutes 16. Payment of Bills 17.Data Practices Policy for Members of the Public and for Data Subjects – Resolution 18.Designating a Responsible Authority in accordance with State Data Practices Statute – Resolution 19.Designating the Authority to Make Electronic Funds Transfers – Resolution 20.Designation of Depositories for 2024 – Resolution 21.Gambling Premise Permit for Bayport Amercian Legion at Patriots Tavern – Resolution ~ ii/water ~, ~ Th e Birthplace of Minnesota J Page 2 of 2 City Council Meeting Agenda January 2, 2024 22. Legal Publication Designation for 2024 – Resolution 23. MS4 Services Agreement for 2024 24. Ordinance Establishing Fee Schedule for 2024 – Ordinance 2nd Reading 25. St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement 26. Stillwater Parking Ramp Restoration Services Agreement 27. Temporary Liquor License for Ascension Church XII. PULIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 28. Case 2023-65 to consider a request of a Preliminary Plat and Final Plat for properties located in Grandview Bluff Addition – Resolution XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 29. Council Representative Appointments to Boards and Commissions – Resolution 30. Designation of Vice Mayor – Resolution 31. VOTER Fund Allocation Memorandum of Understanding XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Washington County Emergency Housing Services Building City Council Workshop January 2, 2024 Purpose of Discussion •Background Information •Initial discussion •No Action/Decisions Review Process Application/Process Discretionary Approval?/Notes Zoning Map Amendment (Correction)Yes –Discretionary Small, Remnant Parcel Conditional Use Permit Reasonable Conditions Planned Unit Development (Existing) Amendment Site Plan Review **New in 2024** Lot Line Adjustment Zoning Map Amendment and Lot Line Adjustment Parcel in Oak Park Heights Area of Zoning Map Amendment & Lot Line Adjustment Land Use and Zoning District •PA: Public Administrative Offices District •Residences of all classes = Conditional Use •Within PA District: •Residences subject to RCM: Medium Density Residential District Council Decision Points •Zoning Map Amendment to Correct Parcel Annexed in 2019 •Reasonable Conditions of Conditional Use Permit •Communication and Public Engagement Strategy DATE: January 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Washington County Emergency Housing Services Building DISCUSSION Washington County is proposing an Emergency Housing Services Building on their main campus located at 14949 62nd St N. Representatives from Washington County will be in attendance to provide an overview of the project. The purpose of this Staff Report is as follows: • Provide an initial overview of the project • Outline any discretionary approvals to be requested by the City Council • Outline planned public engagement during the official review process This initial overview/concept plan review of larger projects has proven to be beneficial for other larger projects to seek direction from the City Council regarding process and discretionary approvals earlier in the process. The primary land use application for the project will be a Conditional Use Permit. The site is located in the PA: Public Administrative Offices District. This District allows residential uses as a Conditional Use. The Zoning Code then goes on to say that th e City shall apply the RCM: Medium Density Residential District Standards. A Conditional Use affords the City the opportunity to attach reasonable conditions to a use. The site also includes a remnant parcel that was detached from the City of Oak Park Heights and annexed into the City of Stillwater in 2019. At that time, it does not appear that a zoning district was applied to the parcel, but should be included in the PA: Public Administrative Offices District consistent with surrounding area. The original Government Center Campus was approved as a Planned Unit Development (PUD), likely to address building height taller than allowed by the underlying Zoning District. The PUD may need to be amended. If so, this request would simply run parallel with the Conditional Use Permit. Zoning Map Washington County is planning on partnering with the City to design and execute public engagement (communication, workshops, etc.). Washington County will take the lead role in public engagement, with support by City Staff related to logistics. In summary, the following approvals will be required. • Zoning Map Amendment • Conditional Use Permit • Planned Unit Development/PUD (potentially) • Lot Line Adjustment • Others as determined by review process No official action will be taken on the proposal at this time. This report is for introductory and discussion purposes only. The City Council may provide direction on the following aspects of the project review: Area of Zoning Map Amendment Parcel in Oak Park Heights • Desired public engagement and communication • Confirmation of application of the PA: Public Administrative Offices District on the remnant parcel annexed into the City in 2019 • Any desired reasonable conditions of approval of the Conditional Use Permit Washington County Government Center Emergency Housing Services Building “I stayed in my van in a parking lot until two women from Washington County approached me. They said we noticed you’ve been here quite a long time and we would like to help you. I couldn’t believe it. I said, why me? And they said because you deserve it … and I did deserve it. I didn’t deserve to be homeless, no one does.” – Kathy EMERGENCY HOUSING SERVICES BUILDING Emergency housing for adults without children As housing costs rise, more people are left without stable homes. Washington County is faced with creating emergency housing options to combat the growing homelessness crisis. Without enough emergency housing, people face increased vulnerability. We urgently need more housing to support our community members. All people in Washington County deserve a safe and dignified place to live. Recognizing the importance of emergency housing in fostering a caring community, Washington County is proud to announce the upcoming Emergency Housing Services Building (EHSB) on the Government Center campus. Snapshot of current hotel-based program 238 36% 13%66% 43%86% Total individuals served Ages 55+, 85 individuals BIPOC, 32 individuals Recieved support for a disability, 157 individuals Accessed stable housing, 110 households Caucasian, 204 individuals (data collection beginning April 2020) 12/27/23 Washington .-=~county ;; --;;, “It’s hard to maintain full-time employment if you don’t have shelter at all. You have no place to take a shower, no way to cook any food before going to work. Struggling while homeless and working all at the same time is a struggle all in itself.”– James This project is different from a traditional “shelter” Washington County commits to providing dignity for individuals experiencing homelessness and delivering professional support to help them move toward the stability of housing. The Washington County Emergency Housing Services Building includes: Around-the-clock staffing, improving access to support services for residents to accommodate their jobs and schedules. The opportunity to stay with loved ones; adult households may stay together. Pets can stay with the household to provide comfort and companionship. Possessions are welcome. Residents can avoid losing their belongings, causing less stress as their personal items are kept safe and secure. Convenient access to an array of services such as economic assistance, connection to jobs, social service support, help in finding housing and gathering important documents, and health and well-being support. Emergency housing will include individual rooms and bathrooms and will be trauma- informed, gender-inclusive, and integrated into the community in order to provide a safe, dignified space for residents. How does Washington County compare? Despite the increase in emergency housing capacity for individuals post-pandemic, Washington County remains behind for individuals when compared to other Minnesota counties. Due to lack of adequate emergency housing in Washington County, more than 70 of our residents had to seek shelter in neighboring counties. Permanent emergency housing capacity for adults without children 0 Washington 45 Dakota 500 Ramsey 20 Scott/Carver 66 Anoka 824 Hennepin “I think the main thing this gives someone is hope, and a sense of security. There’s nothing like having a room you can go into and lock the door and lay down in a bed and, you know, feel secure.”– Terri & Kory A thoughtful design • 30 private rooms and bathrooms (4 on the first floor and 26 on the second floor) • Professionally staffed 24/7 (by contacted service provider) • On-site computer lab to aid in job search/development • Commercial kitchen and large shared dining area (meals and snacks provided on-site) • Storage space • On-site parking • ADA accessibility First floor plan Second floor plan O CIROMTION □-■AMENmes O sr AFFK>FFICE 0 S1NGI..EBE0 PAOO □~□-■-□•~ ■-E □-- ~-~-~- L __ L_.J t= GU+.r~ ~-IIAINT ~--1--1 t-- Tentative project timeline Spring 2024 Summer 2024 Fall 2025 City approvals and building permit review Ground breaking Opening “What I would like people to know about homelessness is there are many out there like me who are one paycheck away. One twist of fate can bring you to a spot you never thought you’d be.”– Iver These are our neighbors, our friends … Stay in the know Project cost We are here to help those in need in our communities - help them heal, grow and thrive in secure and dignified ways. To understand the true mission of this project, please scan the QR code at right and watch a video of our neighbors sharing their lived experiences with homelessness. For additional information and updates on the project, visit https://co.washington.mn.us/EHSB or contact EmergencyHousing@co.washington.mn.us • Total estimated cost = $12 million • Washington County funds = $7 million • Funding still needed = $5 million Revised 12/27/23 Emergency Housing Services Building (EHSB) Work Session with City Council January 2, 2024 Agenda •Introductions •Overview of the Emergency Housing •Need, mission, purpose •Roles of County and CDA •Building Proposal •Next Steps •Discussion/Questions Program Overview 3 Washington ~~c ty --=-~ oun r~ ca WASHINGTON COUNTY Community U Development Ag e ncy 4 EHSB-What it is and What it isn’t Traditional Shelter Model •Congregate •Overnight only •“Eats and Sheets” •First come, first served •Separated by gender •Limited storage, no pets EHSB Program Model •Private rooms and bathrooms •Open and staffed 24/7 •Services on site •Referrals through HOST •Can stay with partners, regardless of sex •Safe and secure for possessions, pet allowed 5 EHSB Program Details Adults (18+) without children Commercial kitchen on site to provide meals and snacks ADA accessible, elevator Wraparound services, including transportation Computer lab, large gathering space, meditation/quiet room County-owned, contracted service provider New Development Proposal 6 Washington ~~c ty --=-~ oun r~ ca WASHINGTON COUNTY Community U Development Ag e ncy 7 History of Efforts to House Unsheltered Adults Seeking feedback from council and staff on preliminary design concept Area within County campus identified as prospective site for new development Washington County Board approves ARPA funding for EHSB CDA engages commercial broker and architect to evaluate hotels for conversion Hotel-based Emergency Housing Program began April 2020 August 2021 February 2022 April 2023 January 2024 8 Context Maps ~LHB 9 Preliminary Site Plan -Overlay 10 Preliminary Site Plan ~LHB 11 Interior Layout First Floor Second Floor 0 CIRCULA TION 0 SUP PORT ■ AM EN ITI ES 0 STAF F/O FFICE 0 SING LE BED ~ ~ \;~ ~ L.ARGE~NG PATIO 0 CIRCUATION 0 SlPPORT ■AMENmEs 0 STAFF 0 DOLlll.EBED 0 SINGLE BED L_....L.._J L_ I I I I L_....L.._J L_ I I I I L_....L.._.J L_ I I I I L_....L.._J L_ I I I I L_....L.._J L_ GtESI.sIOR1\GE [__ I I I I L_....L.._J L_ I I I I DOOIILEIIED ~LHB DOOIILEIIED DOOIILEIIED DOOIILEIIED DOOIILEIIED DOOIILEIIED DOOIILEIIED MAINT. B..ECILV MECH 12 Exterior Elevations Option 1 – Gabled Roof Option 2 – Hipped Roof ~LHB 13 Exterior Elevations Option 1 – Gabled Roof Option 2 – Hipped Roof I I I ---~-' I I I I ~--~-' I =:;;'."::::~::;; ... 7 : I ~LHB 14 Line of Sight –Approaching from East Option 1 – Gabled Roof Option 2 – Hipped Roof ~LHB 15 Line of Sight –Approaching from West Option 1 – Gabled Roof Option 2 – Hipped Roof ~LHB Next Steps 16 Washington ~~c ty --=-~ oun r~ ca WASHINGTON COUNTY Community U Development Ag e ncy 17 Next Steps •Planning Applications to City and MSCWMO •Communication plan •Work closely with city staff 18 More Information •County Website: https://co.washington.mn.us/EHSB •County Email: EmergencyHousing@co.washington.mn.us •CDA contact –Kristen Scobie •KristenS@washingtoncountycda.org •Video: Stories from Our Neighbors Experiencing Homelessness “What I would like people to know about homelessness is there are many out there like me who are one paycheck away. One twist of fate can bring you to a spot you never thought you’d be.” – Iver Questions? Stillwater’s Climate Action Journey LARRY ODEBRECHT CITY COUNCIL WARD 3 March 7th Council Directive Climate Action Plan: Accepted and endorsed by the Council. Energy Action Committee: Gaining Council support. Partnership Initiated: Approved collaboration with Xcel and Partners in Energy. Goal:Develop recommendations for City Council action. Key Issue for Stillwater: Funding •Stillwater faces significant future costs right now that hit the core functions of government: •Expensive facilities maintenance •Expanding population and popularity requiring additional safety materials and personnel •Inflation •This plan will require State and Federal dollars for larger projects •Federal “Inflation Reduction Act” •State: Governor’s Budget Request This Photo by Unknown Author is licensed under CC BY‐SA‐NC From 3/7 Meeting Results WE CONVENED A TEAM OF VERY DIVERSE CITIZENS OF STILLWATER TO ADDRESS ENERGY. WE MET OVER THE COURSE OF 6 MONTHS TO WORK THROUGH OUR VISION, STRATEGY, TACTICS, AND A WORK PLAN. WE WILL WALK THROUGH THOSE RECOMMENDATIONS TODAY. Energy Action is an important part of Climate Action – but not the whole. Ask for Today’s Working Session 1.Discuss Recommended Initiatives 2.Discuss Continued Partnership with Partners in Energy 3.Discuss granting this very committed team full City Commission status Plan Development Steps 6 1. Anchoring 2. Baseline 3. Vision 4. Goals 5. Focus Areas 6. Strategies 7. Tactics 8. Action Planning 9. Plan Finalization 10. Launch wearehere wearehere 7 Working as a Team Vision Statement 8 Stillwater’s Energy Action Plan educates and inspires residents and businesses to engage in energy action. With a focus on saving energy, the plan aims to save the community money, reduce emissions, and increase energy resiliency while embracing Stillwater’s historic character and preserving it for future generations. Focus Areas 9 Residential Energy Efficiency Business Energy Efficiency Renewable Energy Reducing Energy Burden Overall Energy Goal Stillwater will save 246,000 therms of natural gas and 5.1 million kWh of electricity by the end of 2025. •This will avoid an additional 58% of energy‐related greenhouse gas emissions and save the community $600,000 dollars. This will increase the baseline energy‐related greenhouse gas emissions we avoid by 58% and save the community $600,000. •58% is equivalent to 1,250 MTCO2e of avoided greenhouse gas emissions (like removing 278 gas‐powered cars from the road for one year). 10 This Photo by Unknown Author is licensed under CC BY‐NC‐ND "MTCO2e" is metric tons of carbon dioxide equivalent. Residential Energy Efficiency Initiatives Initiative Lead Support Notes Share energy resources at community events: •Identify organizations to connect with for tables at their events. •Design flyers, posters, and talking points to engage the community. •Share incentives and ways to make home energy improvements. Partners in Energy Chamber of Commerce, Xcel Energy, HOAs Xcel Energy has a presence at table events. Consider a Utility Welcome Packet. Create a volunteer network of energy ambassadors to spread energy conservation and efficiency to residents: •Develop a contact list and outreach efforts for resident engagement. •Structure volunteer groups and levels of engagement. •Encourage volunteers to share information with their networks. Partners in Energy Community Development Department, Senior Programs, Faith Groups, Valley Outreach We need to secure people interested in the event database for volunteers, communicate with Community Thread, and target various groups like seniors for volunteer recruitment. Design and implement energy efficiency outreach and education programs for homeowners: •Distribute energy efficiency information through many channels. •Utilize diverse communication methods to reach all demographics. •Perform outreach to specific neighborhoods that could benefit. Partners in Energy •Chamber of Commerce, Xcel Energy, HOAs, Peachiie •PIE to support creating materials. Certain areas may benefit more from the outreach, like those without energy assessments; consider loyalty programs, Chamber testimonials, and funding/costs & benefits information. Design and implement energy efficiency outreach and education campaigns for renters: •Use different communication channels to reach all demographics. •Distribute educational materials that promote energy‐saving behaviors. •Highlight opportunities for renters to participate in energy conservation programs Partners in Energy Multi‐Family Building Energy Efficiency (MFBE) program This program focuses on owners of 5+ unit rentals for efficiency upgrades, but a direct campaign to tenants in 1 to 4 unit buildings may be more effective. Business Energy Efficiency Initiatives Initiative Lead Support Notes Implement outreach campaigns to businesses to increase energy efficiency, tailored to both building owners and renters: •Create outreach materials and language that educate about the benefit of making improvements. •Highlight successful business stories. •Door‐to‐door to businesses to share about energy efficiency audits. •Create a recognition program. Partners in Energy •Community Development •Chamber of Commerce •Green Business Council •City Newsletter (PIE to write copy) •BRE/Business Visit Program to share resources •It’s important that we leverage face‐to‐face meetings to address businesses directly (Chamber meetings, breakfasts, etc.), being careful not to forget about important non‐downtown‐based businesses such as Diasorin. •Leverage BRE/Business Visit Program as a channel for sharing energy efficiency resources and for cross‐training on recruitment, retention, and expansion of businesses. Collaborate with organizations to incorporate energy efficiency into business programs: •Explore incorporating energy efficiency measures into the Green Business Directory. •Connect with the Heritage Preservation Commission to build for sustainability. •Conduct an Energy Forum about energy efficiency programs and opportunities to save energy and money. •Partner with the Chamber of Commerce to share information about funding and incentives for businesses to commence energy efficiency projects. Partners in Energy •Community Development •Chamber of Commerce •Green Business Council •City Newsletter (PIE to write copy) Organize an Energy Forum to connect with a wide array of businesses and provide them with actionable information on energy‐saving programs and financial incentives. Increase energy efficiency in Stillwater municipal buildings, schools, churches, etc.: •Explore opportunities for LED lighting upgrades beyond what the city has already done. •Conduct building energy audits to assess opportunities for increasing energy efficiency. •Once projects are complete, share successes with the community to act as a leader on energy. Partners in Energy •City Council •City staff needed to support audits. •Xcel Energy The city already has a plan in place to convert to LEDs for street lighting. Renewable Energy Initiatives Initiative Lead Support Notes Design and implement renewable energy outreach campaigns to residents to increase renewable energy support: •Share about utility subscription programs via local media, social media, and city communication channels, and the upsides of not having the physical infrastructure on‐site. •Account for the wide range of renewable energy products and their effectiveness in helping residents make an informed choice. Partners in Energy, alongside volunteers from our Team (Angela and Dory), will help drive this effort. •Sustainable Stillwater will help support and drive this effort. •We would like to work with Peachiie to support the effort with social media. Explore the feasibility of on‐site solar for Stillwater municipal infrastructure: •Work with a third party to assess physical infrastructure to identify buildings that could support solar arrays and conduct solar suitability analysis. •Issue RFP or other processes to identify solar installers and costs for capital planning. Partners in Energy, alongside a volunteer from our Team (Griffin), will help drive this effort. •We will need some level of staff support on this. •Partners in Energy may be able to help us here. •The economics are important on this one. The numbers need to work for the city to be able to move forward. •This is a commitment to explore the options, not acting on them. Provide resources and education to support residents to install on‐site solar: 1. Use solar suitability applications and mapping to determine if certain city areas are ready for solar. 2. Review zoning codes. 3. Create materials (both digital and print) to raise awareness of homes suitable for solar and the steps to installation. 4. Share the funding and incentives available to help bring down the cost of on‐site solar in partnership with Partners in Energy. Partners in Energy will assist in coordination and project management: 1. Mapping Effort: Rick 2. Zoning: Larry (Planning Commission) 3. Materials: Partners in Energy 4. Communications: Glenn •Peachiie to support with social media. •City Newsletter •Stillwater Gazette •First Energy Solar can provide some help. •The team may also want to consider HOA policies to assist in this effort (PIE has materials we can leverage). Reducing Energy Burden Initiatives Initiative Lead Support Notes Campaign Design and Implementation •Initiate a campaign to connect residents with income‐qualified programs to increase energy efficiency and save money. •Identify renters eligible for housing assistance using mapping technology. •Create and distribute postcards and flyers, ensuring the information is clear and encourages residents to take the first step. •Translate materials into multiple languages to engage all community members. Partners in Energy •Look for grant opportunities to fund the campaign and leverage funding and materials from PIE. •Leverage existing partnerships and foster new ones, particularly with service providers who can help identify and reach out to income‐qualified residents. •Utilize multiple channels to communicate the availability of resources and steps to access them, potentially including face‐to‐face interactions to ensure understanding and trust. •Grants and funding will be key. •Leverage Income qualified program information Energy Assistance Program. Funding Opportunities •Develop a resource hub on the city website, providing current information on federal and state incentives, tax credits, and rebates for energy efficiency projects. •Keep the information up‐to‐date and accessible, including how to access the Inflation Reduction Act funds. •Organize community events to educate residents on energy savings. Partners in Energy Utilize the city's website as a key platform, possibly including specific sections or pages dedicated to energy funding opportunities. •We see the website as a central hub for all our major Focus Areas. •Glenn (Communication Expert), Angela, and Dory could use some time with Peachiie to leverage social media. •The team understands that the copyrighted work is the hard part –and will do this. •Plan for an April initiative coordinated by Sustainable Stillwater, focusing on engaging the Stillwater community in sustainable practices. •Ensure the Business Resources page includes information on the BRE/Business Visit Program, site selection, and expansion processes. Community Partnerships •Collaborate with community leaders, organizations, and schools to extend outreach to those in need. •Consider partnerships with food shelves, nonprofits, and schools as potential allies. •Utilize joint communication channels and events to share resources effectively. •Facilitate access to events by providing childcare, meals, and transportation. •Integrate energy rebate information into the BRE/Business Visit Program. Volunteers from our Team (Angela and Dory) will lead this effort. •Partners in Energy •Washington County •Leverage Community Action Partnership of Ramsey and Washington County. CAP of Ramsey & Washington Counties •Leverage Income‐Qualified Home Energy Savings •Work with Washington County CDA to incorporate energy rebates into their technical assistance programs. Up Next: Energy Action Plan 15 •Ultimate planning phase outcome •Plan for pursuing the community’s energy vision •Guides implementation •Partners in Energy is Drafting this now We stay on track via program plans, etc. provided by Partners in Energy 16 Work Plans 17 Energy Action Plan Review Process 18 Today •Share feedback •Call out specific things you want to be included or excluded February •Approve Revised Approach •Review / Approve Energy Action Plan Our Process 19 JUNE 2023 TO DEC 2023 Planning Phase & Energy Action Plan Development DEC 2023 TO FEB 2024 Energy Action Plan Review & Approval March 2024 TO Sept 2025 Implementationwearehere wearehere Ask for Today’s Working Session 1.Discuss Recommended Initiatives 2.Discuss Continued Partnership with Partners in Energy 3.Discuss granting this very committed team full City Commission status Questions? Photo Credit: McGhiever ‐Own work, CC BY‐SA 4.0, https://commons.wikimedia.org/w/index.php?curid=63993814 Stillwater’s Climate Action Journey LARRY ODEBRECHT CITY COUNCIL WARD 3 March 7th Council Directive Climate Action Plan: Accepted and endorsed by the Council. Climate Action Committee: Gaining Council support for establishment. Partnership Initiated: Approved collaboration with Xcel and Partners in Energy. Goal:Develop recommendations for City Council action. Key Issue for Stillwater: Funding •Stillwater faces significant future costs right now that hit the core functions of government: •Expensive facilities maintenance •Expanding population and popularity requiring additional safety materials and personnel •Inflation •This plan will require State and Federal dollars for larger projects •Federal “Inflation Reduction Act” •State: Governor’s Budget Request This Photo by Unknown Author is licensed under CC BY‐SA‐NC From 3/7 Meeting Results WE CONVENED A TEAM OF VERY DIVERSE CITIZENS OF STILLWATER TO ADDRESS ENERGY. WE MET OVER THE COURSE OF 6 MONTHS TO WORK THROUGH OUR VISION, STRATEGY, TACTICS, AND A WORK PLAN. WE WILL WALK THROUGH THOSE RECOMMENDATIONS TODAY. Energy Action is an important part of Climate Action – but not the whole. Ask for Today’s Working Session 1.Discuss Recommended Initiatives 2.Discuss Continued Partnership with Partners in Energy 3.Discuss granting this very committed team full City Commission status Pl a n De v e l o p m e n t St e p s 6 1. An c h o r i n g 2. Ba s e l i n e 3. Vi s i o n 4. Go a l s 5. Fo c u s Ar e a s 6. St r a t e g i e s 7. Ta c t i c s 8. Ac t i o n Pl a n n i n g 9. Pl a n Fi n a l i z a t i o n 10 . La u n c h we ar e he r e we ar e he r e ~ Vl:/1 t t t _t t t t t 7 Working as a Team Vision Statement 8 Stillwater’s Energy Action Plan educates and inspires residents and businesses to engage in energy action. With a focus on saving energy, the plan aims to save the community money, reduce emissions, and increase energy resiliency while embracing Stillwater’s historic character and preserving it for future generations. Focus Areas 9 Residential Energy Efficiency Business Energy Efficiency Renewable Energy Reducing Energy Burden Overall Energy Goal Stillwater will save 246,000 therms of natural gas and 5.1 million kWh of electricity by the end of 2025. •This will avoid an additional 58% of energy‐related greenhouse gas emissions and save the community $600,000 dollars. •58% is equivalent to 1,250 MTCO2e of avoided greenhouse gas emissions (like removing 278 gas‐powered cars from the road for one year). 10 This Photo by Unknown Author is licensed under CC BY‐NC‐ND "MTCO2e" is metric tons of carbon dioxide equivalent. @ . . Residential Energy Efficiency Initiatives Initiative Lead Support Notes Share energy resources at community events: •Identify organizations to connect with for tables at their events. •Design flyers, posters, and talking points to engage the community. •Share incentives and ways to make home energy improvements. Partners in Energy Chamber of Commerce, Xcel Energy, HOAs Xcel Energy has a presence at table events. Consider a Utility Welcome Packet. Create a volunteer network of energy ambassadors to spread energy conservation and efficiency to residents: •Develop a contact list and outreach efforts for resident engagement. •Structure volunteer groups and levels of engagement. •Encourage volunteers to share information with their networks. Partners in Energy Community Planning Department, Senior Programs, Faith Groups, Valley Outreach We need to secure people interested in the event database for volunteers, communicate with Community Thread, and target various groups like seniors for volunteer recruitment. Design and implement energy efficiency outreach and education programs for homeowners: •Distribute energy efficiency information through many channels. •Utilize diverse communication methods to reach all demographics. •Perform outreach to specific neighborhoods that could benefit. Partners in Energy •Chamber of Commerce, Xcel Energy, HOAs, Peachiie •PIE to support creating materials. Certain areas may benefit more from the outreach, like those without energy assessments; consider loyalty programs, Chamber testimonials, and funding/costs & benefits information. Design and implement energy efficiency outreach and education campaigns for renters: •Use different communication channels to reach all demographics. •Distribute educational materials that promote energy‐saving behaviors. •Highlight opportunities for renters to participate in energy conservation programs Partners in Energy Multi‐Family Building Energy Efficiency (MFBE) program Emphasize affordability and the benefits of energy efficiency in the MFBE program. Business Energy Efficiency Initiatives Initiative Lead Support Notes Implement outreach campaigns to businesses to increase energy efficiency, tailored to both building owners and renters: •Create outreach materials and language that educate about the benefit of making improvements. •Highlight successful business stories. •Door‐to‐door to businesses to share about energy efficiency audits. •Create a recognition program. Partners in Energy •Community Planning •Chamber of Commerce •Green Business Council •City Newsletter (PIE to write copy) It’s important that we leverage face‐to‐face meetings to address businesses directly (Chamber meetings, breakfasts, etc.), being careful not to forget about important non‐downtown‐based businesses such as Diasorin. Collaborate with organizations to incorporate energy efficiency into business programs: •Explore incorporating energy efficiency measures into the Green Business Directory. •Connect with the Heritage Preservation Commission to build for sustainability. •Conduct an Energy Forum about energy efficiency programs and opportunities to save energy and money. •Partner with the Chamber of Commerce to share information about funding and incentives for businesses to commence energy efficiency projects. Partners in Energy •Community Planning •Chamber of Commerce •Green Business Council •City Newsletter (PIE to write copy) Organize an Energy Forum to connect with a wide array of businesses and provide them with actionable information on energy‐saving programs and financial incentives. Increase energy efficiency in Stillwater municipal buildings, schools, churches, etc.: •Explore opportunities for LED lighting upgrades beyond what the city has already done. •Conduct building energy audits to assess opportunities for increasing energy efficiency. •Once projects are complete, share successes with the community to act as a leader on energy. Partners in Energy •City Council •City staff needed to support audits. •Xcel Energy The city already has a plan in place to convert to LEDs for street lighting. Renewable Energy Initiatives Initiative Lead Support Notes Design and implement renewable energy outreach campaigns to residents to increase renewable energy support: •Share about utility subscription programs via local media, social media, and city communication channels, and the upsides of not having the physical infrastructure on‐site. •Account for the wide range of renewable energy products and their effectiveness in helping residents make an informed choice. Partners in Energy, alongside volunteers from our Team (Angela and Dory), will help drive this effort. •Sustainable Stillwater will help support and drive this effort. •We would like to work with Peachiie to support the effort with social media. Explore the feasibility of on‐site solar for Stillwater municipal infrastructure: •Work with a third party to assess physical infrastructure to identify buildings that could support solar arrays and conduct solar suitability analysis. •Issue RFP or other processes to identify solar installers and costs for capital planning. Partners in Energy, alongside a volunteer from our Team (Griffin), will help drive this effort. •We will need some level of staff support on this. •Partners in Energy may be able to help us here. •The economics are important on this one. The numbers need to work for the city to be able to move forward. •This is a commitment to explore the options, not acting on them. Provide resources and education to support residents to install on‐site solar: 1. Use solar suitability applications and mapping to determine if certain city areas are ready for solar. 2. Review zoning codes. 3. Create materials (both digital and print) to raise awareness of homes suitable for solar and the steps to installation. 4. Share the funding and incentives available to help bring down the cost of on‐site solar in partnership with Partners in Energy. Partners in Energy will assist in coordination and project management: 1. Mapping Effort: Rick 2. Zoning: Larry (Planning Commission) 3. Materials: Partners in Energy 4. Communications: Glenn •Peachiie to support with social media. •City Newsletter •Stillwater Gazette •First Energy Solar can provide some help. •The team may also want to consider HOA policies to assist in this effort (PIE has materials we can leverage). Reducing Energy Burden Initiatives Initiative Lead Support Notes Campaign Design and Implementation •Initiate a campaign to connect residents with income‐qualified programs to increase energy efficiency and save money. •Identify renters eligible for housing assistance using mapping technology. •Create and distribute postcards and flyers, ensuring the information is clear and encourages residents to take the first step. •Translate materials into multiple languages to engage all community members. Partners in Energy •Look for grant opportunities to fund the campaign and leverage funding and materials from PIE. •Leverage existing partnerships and foster new ones, particularly with service providers who can help identify and reach out to income‐ qualified residents. •Utilize multiple channels to communicate the availability of resources and steps to access them, potentially including face‐to‐face interactions to ensure understanding and trust. •Grants and funding will be key. •Leverage Income qualified program information Energy Assistance Program. Funding Opportunities •Develop a resource hub on the city website, providing current information on federal and state incentives, tax credits, and rebates for energy efficiency projects. •Keep the information up‐to‐date and accessible, including how to access the Inflation Reduction Act funds. •Organize community events to educate residents on energy savings. Partners in Energy Utilize the city's website as a key platform, possibly including specific sections or pages dedicated to energy funding opportunities. •We see the website as a central hub for all our major Focus Areas. •Glenn (Communication Expert), Angela, and Dory could use some time with Peachiie to leverage social media. •The team understands that the copyrighted work is the hard part – and will do this. Plan for an April initiative coordinated by Sustainable Stillwater, focusing on engaging the Stillwater community in sustainable practices. Community Partnerships •Collaborate with community leaders, organizations, and schools to extend outreach to those in need. •Consider partnerships with food shelves, nonprofits, and schools as potential allies. •Utilize joint communication channels and events to share resources effectively. •Facilitate access to events by providing childcare, meals, and transportation. Volunteers from our Team (Angela and Dory) will lead this effort. •Partners in Energy •Washington County •Leverage Community Action Partnership of Ramsey and Washington County. CAP of Ramsey & Washington Counties •Leverage Income‐Qualified Home Energy Savings Up Next: Energy Action Plan 15 •Ultimate planning phase outcome •Plan for pursuing the community’s energy vision •Guides implementation •Partners in Energy is Drafting this now Tho_ol .. ,....-..... -o1,.._-.__.., XailEne,w•P-o,Eno.v,.Thri.,..ioh-fNlvrActioo r.--_.._.--o1-.. ---. ........ •-bt.ploo_ f}X.C8'Enervt· ~6!!.~ We stay on track via program plans, etc. provided by Partners in Energy 16 tJI UVIUCU uy Partners in Energy Outreach and CommunlclUon Resources· Next-door Neighborhood groups Mayor/Council newsletter, Facebook community (city and resident) MIRA Facebook Tlmellne: Night to Unite PennFesl Community education MIRA events Red , 1/v'hite and Blue Days Unity In the Community (May) Al the strategies Identified in this plan are intended to be completed or begun between July 2021 and December 2022 during the Implementation phase of the Partnefs in Energy process. During this period the City wi l have Partners in Energy suppor1 in energy expertise, data traddng, marketing, and project management. Once that phase is complete, the city will continue the work of lhis plan by continuing the actions identified or pivot to react to the current needs or opportunities of and for our residents and organizations . Some of the Energy Action Team members will participate in various actions depending on their interest or expertise. EMrgy Acdon Plan Impact Tht combined llrgetl and llrltt,giM, OUIINd In lt'lil p48n wl giYt, OU' cormu'liCy I great.-~.-.g of lhe en.,;y rncucea lhal are rn,lable IIOd ...my ....-gr effiatncyend~energy .. 10rnpoftantk:IOU'c::onwnunity'Slt10r1·andlon9- letmfucura. o.<ef911.fdllrwing!Wltf•termi.petslaidOUCinlhllp6MWil~andgaii, pwtiopetion in p,ogr.ns thM uve money for the COl'IYl'U"lity and reduce cu- grNMOUM gasMt,. Some oltha ~ QOM ••lllid out b.iow llOd d Nip tuch OU' corrmurvty.wlde ..,.gy goal Pnorlt11:e worklhalr■duc■s rwsk!9na• u .pertenclng ene,vy burden and lnc,.■M& con,-cuons IOrNOUrCHl,J,.■chlng1 325 hom-rs and ,.nlers by 2021 through k'lcre■s■p■ rUclp■bonk-1 renitw■bNIMIVYP'°'ilnml ■=~:!,'::~! ~~"~:-b'in•. •O.tting H rwHMntll to perticlpala In L-· Income Home Ene,gy Squad-."ICI Home Ene,-gy ~Pros,r-•~~. •O.tttng200,.nww;ttlroughMuld--f■mlly E111rw s..,.,._ Pr.-,n annu■-w-. •SrttngrHldMtlM71,000~ctvovcll'I prog,trnper1klpldorlbJ2t2t. •Srttng buslnNeH 12.Ml,OOOiot■iltwough progt-p■rtklp9tklnby2Cl2t. Work Plans 17 Appendix 5: Work Plan and Tlmollno -· -.., ..,_ ---.., ~-- .., ---.., ------ "" ---· ---' .::::. -· ------.., -co-. -· ,,..._ ....,, -- -· =---...... Energy Action Plan Review Process 18 Today •Share feedback •Call out specific things you want to be included or excluded February •Approve Revised Approach •Review / Approve Energy Action Plan Our Process 19 JUNE 2023 TO DEC 2023 Planning Phase & Energy Action Plan Development DEC 2023 TO FEB 2024 Energy Action Plan Review & Approval March 2024 TO Sept 2025 Implementationwearehere wearehere • • Ask for Today’s Working Session 1.Discuss Recommended Initiatives 2.Discuss Continued Partnership with Partners in Energy 3.Discuss granting this very committed team full City Commission status Questions? Photo Credit: McGhiever ‐Own work, CC BY‐SA 4.0, https://commons.wikimedia.org/w/index.php?curid=63993814 IT Report Update Add subtitle C i t y o f S t i l l w a t e r Executive Summary •Audit and Assessment – CityTech Consulting conducted an audit and assessment of Stillwater’s IT Department – inventory and efficiency •Findings – IT Infrastructure is in good condition, with recommendations for strategic adjustments to enhance workloads, efficiency, security and adaptability to the IT Landscape •Focus Areas: Staffing, Operational Enhancements, Cloud Utilization and future partnerships C i t y o f S t i l l w a t e r Staffing Summary •Fill IT Manager Role and plan for External CIO consulting •Move policy creation and implementation forward •Review potential need for 4th position as policies are implemented and strategies outlined in the report are executed C i t y o f S t i l l w a t e r Operational Adjustments/Network Improvements •VPN and Bandwidth Issues – Certain city facilities lack sufficient upload bandwidth, requiring additional equipment (servers and sensors) •Recommended Solution: Use Ethernet Network Services to reduce the need for VPN firewalls and network sensors. •Simplifies the network reduces capital purchasing •Ethernet in lieu of extending the fiber network C i t y o f S t i l l w a t e r Cloud Computing •City should adopt a Cloud Smart Approach •Select workloads for Cloud Migration based on value, technical fit, and TCO to optimize Cloud spending •Strategy – identifying needs, inventory applications, assessing and determining appropriate placement (Cloud vs. on premise) •Three applications seem to fit Cloud adoption and approximately a total of about 20 should be reviewed C i t y o f S t i l l w a t e r Partnerships •LOGIS and Metro-Inet main IT partnerships •Contractual Services •Relationships have been built and they provide an ongoing resource for the City moving forward •Mutually beneficially to partner going forward •Currently these groups are at capacity C i t y o f S t i l l w a t e r Next Steps •Fill IT Manager Position •CityTech get started on Policy development through March •Sign Ethernet Network Service agreements for applicable facilities •Review new and existing applications for Cloud utilization •Continue discussions with other IT service providers to keep possible integration open kv "10 Opw�- IRW 5;1114� who L..m —mohmm- Nil ..d Stillwater Fire Department S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Ryan Mathre For 3 years of service as a member of the Library Board of Trustees and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: January 2, 2024 STILLWATER CITY COUNCIL SERVICE AWARD cS•iftwater ~-~~~ ',- T H E B I R T HP L A Ct O f M I NNE S O T A ) Stillwater Fire Department S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Sharon Hollatz For 6 years of service as a member of the Library Board of Trustees and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: January 2, 2024 STILLWATER CITY COUNCIL SERVICE AWARD 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES December 19, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos 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 Certificates of Appreciation – Stillwater’s 2023 Tree Lighting For their support of the downtown tree lighting, Mayor Kozlowski thanked: Paul Larson, Alchemy Sound & Vision; Jeff & Missy Hause; Discover Stillwater; Cub Foods; Steve St. Claire & Crew, Miller Excavating Inc; Stillwater Elks Lodge #179; Kevin Polski, Holiday Lighting & Design; Darrell Wold, Big Sky Crane Co; Rob McCallie, McCallie’s Tree Service; Hansen Family; and Stillwater Public Works Staff. OPEN FORUM Two residents thanked the Council and wished them Happy Holidays. STAFF REPORTS Public Works Director Sanders gave project updates. Police Chief Mueller gave updates on personnel, recognized Officers Papke, Mallet and Junker for their efforts, and thanked surrounding communities for assistance on cases. Finance Director Provos gave an update on the new software installation. Community Development Director Gladhill reported on new software training and upcoming projects. City Clerk Wolf stated 37 administrative assistant applications were received. She revealed the Cookie Exchange winner. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting December 19, 2023 Page 2 of 7 City Attorney Land reported on demolitions in the 1300 block of 3rd St S. City Administrator Kohlmann reported on Senate Bonding Committee actions, the World Snow Sculpting Championship, and a Downtown Management Board to be formed in January. CONSENT AGENDA December 5, 2023 Regular and Closed Session Meeting Minutes Payment of Bills Acceptance of Donations in 2023 – Resolution 2023‐168 Chapel Hill Flats (Landucci Construction) Lot Consolidation – Resolution 2023‐169 City Council and Boards & Commissions Meeting Date Changes for 2023 – Resolution 2023‐170 Earned Safe and Sick Time – Resolution 2023‐171 Library Board of Trustees Appointments Modify order to remove hazardous structure at 1309 3rd St S – Resolution 2023‐172 North Hill Community Garden License Agreement St. Croix Boat & Packet Dock Permit Renewal for 2024 Settler’s Glen Development Pond Sediment Removal Project Agreement Solid Waste, Recycling and Roll-off Hauler License Renewals for 2024 Therapeutic Massage Business and Individual Massage Therapist Licenses – Resolution 2023‐173 and Resolution 2023‐174 Washington County Coordinated Mental Health Response Amendment to Agreement Resolution Amending Resolutions 2023-076 and 2023-077 – Resolution 2023‐178 Settlement Agreement Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2023-04 to consider Zoning Map Amendment to rezone from AP (Agricultural Preserve District) to CTHR (Cove Townhouse Residential District) for a Townhouse Development (Sundance Stillwater) – Ordinance 2nd Reading Community Development Director Gladhill stated that Timberland Partners has applied for a Zoning Map Amendment, Preliminary Plat, and Final Plat to facilitate construction of a 179-unit townhome development at the southeast intersection of Manning Avenue and 80th St N (also connects to Boutwell Road N). The City Council approved the first reading of the Zoning Map Amendment on November 8, 2023. The request also includes the demolition of a 1908/1910 farmhouse at 12125 80th Street that since 2009 has housed Trellis Weddings. The original structure was added onto after 1946. If required to be preserved, it would impact 16 units, requiring layout changes. The Heritage Preservation Commission (HPC) recommended denial of the demolition permit on a 3-2 vote. Staff recommends that the Council approve second reading of the Zoning Map Amendment, the Preliminary and Final Plat, and the request for demolition of a pre-1946 structure, based on guidance of the Comprehensive Plan. City Council Meeting December 19, 2023 Page 3 of 7 Councilmember Collins asked if the house can be moved, and Mr. Gladhill replied that option could be explored. The wedding venue probably is booked through 2024 so there will be time to consider options to move it either on site or to another location. Mayor Kozlowski remarked that Sustainable Stillwater submitted feedback in regard to trail connections, only a few days ago. Ryan Sailer, VP Development, Timberland Partners, explained the site plan. There are sidewalks around each of the buildings that connect to the trail system via a trail to be built along 80th St. The green buffers along 80th and Manning include preservation of existing trees. The development consists of two-story buildings with 8-12 units per building. Estimated rents will be $1,600-3,300 with the average rent $2,300. He stated this is not unattainable luxury housing, it is attainable compared with homeownership figures in the market today. He explained the rezoning and stated they are not asking for any variances. Not demolishing the house would render the project not financially feasible due to the required buffer setbacks. Other than some hardwood floors in a few rooms, most of the original structural integrity is gone. Through photos and the Washington County Historical Society (WCHS), the development can tell the home’s story inside the clubhouse. Mayor Kozlowski opened the public hearing. Roger Tomten, Sustainable Stillwater MN Board Co-chair and Climate Action Team leader, described opportunities to better connect the site to the community: extending the trail along 80th Street and connecting the trail system to the Manning trail on the south end of the property. Sustainable Stillwater advocates for pedestrian connections specifically from sidewalks to trails as much as possible. These issues should be incorporated into the zoning ordinance itself so that staff is able to talk to developers early on about these issues, rather than the public or neighbors making last minute suggestions. Renae Oswald Anderson, 7789 Manning Ave N, stated she appreciates the developer’s attempts to make this look like affordable housing but it is not affordable for young professionals. She is very concerned about the high density, increased traffic and impact on habitat preservation. She is pleased that the Brown’s Creek Watershed District supports the project. She urged the Council to address workforce and affordable housing. Matt Thueson, Heritage Preservation Commission (HPC) Chair and Washington County Historical Society representative, stated this project appeared on the HPC’s radar just 10 days ago although staff has been working on it for over a year. The demolition ordinance covers all structures built before 1946. The HPC denied the request for demolition; the majority of the Commission felt it did not meet the clear standards in City Code. He read over the required findings that are the criteria for demolition. Comprehensive research was not done. Mayor Kozlowski stated there should be consideration of possibly having different criteria for homes that are not in the central historic corridor, but in recently annexed areas. Councilmember Polehna stated he sees no historic significance to the house except for its age. Regarding whether the existing demolition ordinance should apply to the annexed portion of the City, Mr. Thueson stated when the demolition ordinance was revised, it established one standard for the entire City. This site is part of the historic Rutherford Neighborhood City Council Meeting December 19, 2023 Page 4 of 7 which is almost as old as the City itself. Based on the information that went to the HPC, it is unclear what remains of the neighborhood, so there is no answer to the question of significance. Mayor Kozlowski responded there’s not really a neighborhood there. Mr. Thueson replied there are houses on the other side of Manning and that, historically, it was a single neighborhood that spanned the highway but more historic research is needed to answer that question. Mr. Gladhill stated the assumption was that these are 1970s homes, until staff discovered around the time of the Planning Commission meeting that it was a pre-1946 era structure. Wendy Ward, 3807 Abercrombie Ln, stated that the purpose of Ag Preserve zoning is to protect and enhance agricultural use and open spaces. Mayor Kozlowski clarified that Ag Preserve is often used as a holding zone and this has not been used as agricultural land for a while. Ag Preserve is a misleading name but the intent was always to preserve it for development. Councilmember Polehna stated when the City annexed that property, it was put into Ag Preserve to hold it until developed. Ms. Ward continued, stating that this is a 22.83 acre proposal, nearly 41% will be impervious surface. She questioned whether the design needs 10 acres of asphalt and asked the Council to consider asking the developer to use pervious pavers or reduce the amount of impervious surface by 15-20%. Secondly, this development is 100% market rate rentals which will shut out many people the City needs to service its businesses. She suggested asking the developer to make 10% of the total units to be sub-market rate. Mayor Kozlowski stated the City cannot require that unless the City can provide affordable housing incentives. The developer has never positioned this as affordable housing. Ms. Ward read from the tree removal ordinance and stated the plan includes substantial and harmful removal of trees. Mr. Gladhill stated that what often prevents a higher percentage of tree preservation is the storm water requirements. The City can revisit tree preservation policy during the comprehensive zoning code update in 2024. Attorney Land added that the City Council cannot increase thresholds established in ordinance when a developer completely complies with the ordinance. Mayor Kozlowski stated that when developers want concessions, the Council can impose more restrictive requirements. However, this developer is not asking for concessions. Chris Wells, 12121 80th St N, one of the properties involved, stated he planted all the trees on his property, so they’re all less than 40 years old and should be thinned out. When he moved there in 1980, there were four trees on all three lots. Regarding zoning, the City has been telling him the land was going to be rezoned for over five years. He would like to sell and has talked with six different developers. Meeting medium density and following all the rules is very difficult. This has put him and his two neighbors in a difficult situation. The house has been remodeled at least three times; restoring it back to historical significance City Council Meeting December 19, 2023 Page 5 of 7 would be challenging. He appreciates that the project is environmentally friendly and meets the requirements of the City and the Watershed District. Mayor Kozlowski closed the public hearing. Mayor Kozlowski remarked that the developer is not asking the City for anything. He does not think all the same demolition rules should apply to this type of property and has no concern about the preservation of the historic character of this neighborhood because there is no neighborhood there. The HPC did a perfect job in applying the ordinance but he does not think this property fits within the framework of the ordinance. Councilmember Junker noted the property is not in a design review district nor is it listed in the City’s heirloom home district. The HPC does a great job looking at demolition requests. He feels this house does not meet any of the historical or cultural considerations. The developer has met all the requirements. He supports the demolition and the project. Councilmember Collins challenged, who can say that an old farmhouse that was on the edge of Stillwater has zero historical significance? He supports the project but struggles with the demolition. Councilmember Polehna asked if the house could be moved. Mr. Sailer stated the question then becomes, what is original that could be moved? There is very little historical integrity left. Would the two additions and the three car garage be moved as well? The square footage now is three to four times the original structure. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve second reading of Ordinance No. 1208, an Ordinance Amending Chapter 31, Article 3 Section 31-311 of the City Code of the City of Stillwater regarding Cove Townhouse Residential Zoning (Case No. 2023-04), and to adopt Resolution 2023‐175, Resolution Approving a Preliminary and Final Plat for Sundance Stillwater, and Resolution 2023‐176, Approving a Demolition Permit for Demolition of a Pre-1946 Structure for 12125 80th Street North (Case No. CD2023-04). Motion passed 4-1 with Councilmember Collins voting nay. Case 2023-48 to consider Preliminary Plat, Final Plat, and Zoning Map Amendment to rezone properties located at 12811 62nd Street North to LR (Lakeshore Residential District) – Ordinance 2nd Reading Mr. Gladhill stated that Kurt Zaspel applied 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 Planning Commission recommended approval of the Zoning Map Amendment, the Preliminary and Final Plat on November 15, 2023. The Council approved the first reading of the Zoning Map Amendment on December 5. The 60-day rule expires on December 8th, 2023 and staff extended the review period by 60 days, until February 6, 2024. Based on the Comprehensive Plan, staff finds it appropriate to approve the second reading of the Zoning Map Amendment and the Final Plat. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve the second reading of Ordinance No. 1209, an Ordinance Amending Chapter 31, Article 3 Section City Council Meeting December 19, 2023 Page 6 of 7 31-303 of the City Code of the City of Stillwater regarding Lakeshore Residential Zoning (Case No. 2023-48), and to adopt Resolution 2023‐177, Resolution Approving a Preliminary Plat and Final Plat for Zaspel Ridge Addition. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Discover Stillwater Selfie Sign Public Works Director Sanders informed the Council that Discover Stillwater seeks approval of a sign permit for a frame style sign to be placed in Lowell Park near the Historic Lift Bridge. The free-standing sign can be moved as needed. It would be made by students at Stillwater Area Schools. The Parks and Recreation Commission supports the proposal. Staff recommends approval, with placement to be approved by the Parks Superintendent. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the placement of a sign in Lowell Park as proposed by Discover Stillwater. All in favor. Ordinance Establishing Fee Schedule for 2024 – Ordinance 1st Reading City Clerk Wolf presented the proposed fee schedule. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve first reading of an Ordinance establishing the 2024 fee schedule. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna noted the passing of Utilities Commissioner Karen Jensen. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 9:07 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2023‐168, Resolution Accepting Cash Donations 2023 Resolution 2023‐169, Resolution Approving a Consolidation of Existing Parcels at 107 3rd St N Resolution 2023‐170, Adoption of 2024 City Council and Boards and Commissions Meeting Calendar Resolution 2023‐171, Approving Earned Sick and Safe Time for 2023 City Council Meeting December 19, 2023 Page 7 of 7 Resolution 2023‐172, Resolution Amending Order to Remove the Hazardous Building Located at 1309 3rd Street South Resolution 2023‐173, Approving Issuance of New Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses Resolution 2023‐174, Denying Issuance of a Therapeutic Massage Business License and Individual Massage Therapist License Resolution 2023‐175, Resolution Approving a Preliminary and Final Plat for Sundance Stillwater Resolution 2023‐176, Approving a Demolition Permit for Demolition of a Pre-1946 Structure for 12125 80th Street North (Case No. CD2023-04) Resolution 2023‐177, Resolution Approving a Preliminary and Final Plat for Zaspel Ridge Addition Resolution 2023‐178, Amending Resolutions 2023-076 and 2023-077 Ordinance No. 1208, An Ordinance Amending Chapter 31, Article 3 Section 31-311 of the City Code of the City of Stillwater Regarding Cove Townhouse Residential Zoning (Case No. 2023-04) Ordinance No. 1209, An Ordinance Amending Chapter 31, Article 3 Section 31-303 of the City Code of the City of Stillwater Regarding Lakeshore Residential Zoning (Case No. 2023-48) DATE: January 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $414,203.17 has been sent to the Mayor and City Council Members to approve for payment. DATE: December 27, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Data Practices Policy for Members of the Public and for Data Subjects BACKGROUND Attached are revised Data Practices Policy for Members of the Public required by Minnesota Statutes, Section 13.025 Subd. 2 and Data Practices Policy for Data Subjects policies required by Minnesota Statutes, Section 13.025 Subd. 3. These policies were revised in 2023 however both policies need to be updated due to staff changes within the City. RECOMMENDATION Staff recommends approving both policies. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to adopt a Resolution approving the Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx APPROVAL OF DATA PRACTICES POLICY FOR MEMBERS OF THE PUBLIC AND DATA PRACTICES POLICY FOR DATA SUBJECTS WHEREAS, the City of Stillwater’s Data Practices Policies required updating to reflect current staff; and WHEREAS, City Council received the updated Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects on January 2, 2024; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby adopts the Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects dated January 2, 2024. Adopted by the Stillwater City Council this 2nd day of January 2024. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk City of Stillwater, 216 4th Street N., Stillwater, MN 55082 – 651-430-8800-www.cis.tillwater.mn.usgov Data Practices Policy for Members of the Public Adopted by the Stillwater City Council January 23, 20234 --- Policy required by Minn. Stat., §13.025, subd. 2. Page 2 The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. HOW TO MAKE A DATA REQUEST To look at data or request copies of data that this government entity keeps, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts on Page 4. You may make your request for data by mail, fax, or email, using the data request form on Page 6 or by visiting the city’s website and submitting the Request for Information online form. The City cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. HOW WE RESPOND TO A DATA REQUEST Upon receiving your request, we will work to process it.  If we do not have the data, we will notify you in writing via email or mailed letter as soon as reasonably possible.  If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not public.  If we have the data, and the data are public, we will respond to your request appropriately and promptly, within 14 business days of receipt of the request by who you contacted by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 14 business days. You may choose to pick up your copies, or we will mail or email to you. If you want us to send you the copies, you will need to provide us with an address or email address. Electronic transmittal (email) or electronic copies (flash drive) are available if we keep the data in electronic format and rates apply similar to hard copies. Information about charges is on page 5. We will arrange for you to pre‐pay for the charges. The City does not maintain an escrow account for public document requests. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. Policy required by Minn. Stat., §13.025, subd. 2. Page 3 The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, the Government Data Practices Act does not require us to answer questions that are not requests for data. REQUESTS FOR SUMMARY DATA Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make your request in writing and pre-pay for the cost of creating the data. Upon receiving your written request –using the data request form on Page 6 or by visiting the city’s website and submitting the Request for Information online form – we will respond within 14 business days with the data or details of when the data will be ready and how much we will charge. Policy required by Minn. Stat., §13.025, subd. 2. Page 4 Data Practices Contacts Inquiries regarding government data created, maintained or disseminated by Stillwater City Offices are to be made during normal business hours (daily 8:00 a.m. to 4:30 p.m., excluding weekends and holidays) to: Responsible Authority Joseph Kohlmann, City Administrator 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800 - Fax: 651-430-8809 – jkohlmann@ci.stillwater.mn.usgov Data Practices Compliance Official Beth Wolf, City Clerk 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800 - Fax: 651-430-8809 – bwolf@ci.stillwater.mn.usgov Data Practices Designee(s) Administration: City Clerk: .................................... Beth Wolf Human Resources: .................. Donna Robole Finance: ........................................ Sharon Provos Safety Services: Police Department: ................. Nate Meredith Fire Department ...................... Stuart Glaser NOTE: Chief of Police, is the designee who will receive data requests in the absence of any of the above-named Police Department designee. Deputy Fire Chief is the designee who will receive data requests in the absence of any of the above-named Fire Department designee. Public Services: Building Inspections: ................................... Cindy Shilts Economic Development Authority ......... Tim Gladhill Engineering: ..................................................... Shawn Sanders Park & Recreation: ........................................ Shawn Sanders Planning: ............................................................ Tim Gladhill/Yasmine RobinsonBen Gutknecht Public Works: .................................................. Shawn Sanders NOTE: Beth Wolf, City Clerk, is the designee to receive data requests in the absence of any of the above-named Public Services designees. Policy required by Minn. Stat., §13.025, subd. 2. Page 5 Costs – Members of the Public This government entity charges members of the public for copies or electronic transmittals of government data. These charges are authorized under Minnesota Statutes, Section 13.03, Subd. 3. Note: You must pay for the pages (copies or electronic transmittals) before we will provide them to you. Data on CD/DVD/Flash Drive - this does not include costs of retreiving data: $15.00 Electronically Stored Data/Transmitted via pdf, 100 or fewer pages of letter or legal size: Actual Cost (minimum rate is the current year Administration Secretary hourly rate) Paper Copies For 100 or fewer pages: Black and white pages: Letter or legal size 25¢ for a one-sided Letter or legal size 50¢ for a two-sided Color or print pages per side: 8.5 x 11 (1-5 pages) $2.00 8.5 x 11 (6-50 pages) $1.75 8.5 x 14 (1-5 pages) $2.50 8.5 x 14 (6-50 pages) $2.25 11 x 17 (1-5 pages) $3.00 11 x 17 (6-50 pages) $2.75 More than 100 pages or other types of copies: Actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email or via Dropbox or similar program). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, Flash Drive, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies is the current year Administration Secretary hourly rate. If, because of the subject matter of your request, we find it necessary for a higher-paid employee (Department Heads, Managers) to search for and retrieve the data , we will calculate the search and retrieval portion at their rate. Data Practices Research Deposit $300.00 Policy required by Minn. Stat., §13.025, subd. 2. Page 6 Data Request Form – Members of the Public Date of request: I am requesting access to data in the following way: Inspection Copies Both inspection and copies Note: inspection is free but we charge for copies (hard or electronic). These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please attach additional sheets. . 1. 2. 3. 4. 5. 6. 7. 8. 9. Contact Information Name: ______________________________________________________________________________________________________ Address: ___________________________________________________________________________________________________ Daytime Contact Number: _________________________________________________ (include area code) Email address: ____________________________________________________________________________________________ You do not have to provide any of the above contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. We will respond to your request within 14 business days, or contact you if more time is needed to satisfy your request. Policy required by Minn. Stat., §13.025, subd. 2. Page 7 TO BE COMPLETED BY CITY ONLY Note: According to MS § 13.03, Subd. 3, authorizes us to charge fees to recover costs to provide copies of data, including costs associated with searching, compiling, copying, mailing, or otherwise transmitting data. Prepayment is required prior to receiving copies of data. We do not charge for inspection of data or for separating not public data from public data. DATA REQUEST RELATED TO: REQUEST SUBMITTED BY DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: PUBLIC NON-PUBLIC PRIVATE PROTECTED NON-PUBLIC CONFIDENTIAL ACTION: APPROVED APPROVED IN PART (Explain Below) DENIED (Explain Below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: CHARGES: NONE Black & White Copies: _____ Pages x $0.25 per side = $__________________ Color Copies: _____ Pages x $______ per side = $__________________ (According to City Fee Schedule) The cost of employee time to search for data, retrieve data, and make copies is the current year ________________________________ hourly rate. _____ Hours x ___________ per hour = $_____________ Other: __________________ (attach explanation) IDENTITY VERIFIED FOR PRIVATE INFORMATION: IDENTIFICATION: DRIVER’S LICENSE, STATE ID, Etc. COMPARISON WITH SIGNATURE ON FILE PERSONAL KNOWLEDGE OTHER: __________________________________ AUTHORIZED SIGNATURE: DATE: D D D D D D D D D D D D D D D D D Data Practices Policy for Data Subjects Adopted by the Stillwater City Council January 32, 20234 City of Stillwater, 216 4th Street N., Stillwater, MN 55082 – 651-430-8800-www.cis.stillwater.mn.usgov j water Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 2 Data about You The Government Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. CLASSIFICATION OF DATA ABOUT YOU The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. 1. Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. An example of public data about you: City of Stillwater Employees 2. Private data: We cannot give private data to the general public, but you have access when the data are about you. We can share your private data with you, with someone who has your permission, with our government entity staff who need the data to do their work, and as permitted by law or court order. An example of private data about you: Social Security numbers 3. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. We can share confidential data about you with our government entity staff who need the data to do their work and to others as permitted by law or court order. We cannot give you access to confidential data. An example of confidential data about you: The identity of the subject of an active criminal investigation. YOUR RIGHTS UNDER THE GOVERNMENT DATA PRACTICES ACT This government entity must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights.  Access to Your Data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 3 As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask this government entity not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution.  When We Collect Data from You When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you /must] use the consent form we provide.  Protecting your Data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has occurred and an unauthorized person has gained access to your data, we will notify you as required by law.  When your Data are Inaccurate and/or Incomplete You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. HOW TO MAKE A REQUEST FOR YOUR DATA To look at data, or request copies of data that this government entity keeps about you, your minor children, or an individual for whom you have been appointed legal guardian, make a written data request.. Make your request for data to the appropriate individual listed in the Data Practices Contacts on Page 65. You may make your request by mail, fax, or email using the data request form on Page 87. This government entity requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity located on Page 98. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 4 HOW WE RESPOND TO A DATA REQUEST Once you make your request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification.  If we do not have the data, we will notify you in writing within 14 business days.  If we have the data, but the data are confidential or private data that are not about you, we will notify you within 14 business days and state which specific law says you cannot access the data.  If we have the data, and the data are public or private data about you, we will respond to your request within 14 business days, by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 14 business days. You may choose to pick up your copies, or we will mail them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on Page 96. We also will arrange for you to prepay for the copies. After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 5 Data Practices Contacts Inquiries regarding government data created, maintained or disseminated by Stillwater City Offices are to be made during normal business hours (daily 8:00 a.m. to 4:30 p.m., excluding weekends and holidays) to: Responsible Authority Joseph Kohlmann, City Administrator 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800- Fax: 651-430-8750 – jkohlmann@ci.stillwater.mn.usgov Data Practices Compliance Official Beth Wolf, City Clerk 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800- Fax: 651-430-8750 – bwolf@ci.stillwater.mn.usgov Data Practices Designee(s) Administration: City Clerk: .................................... Beth Wolf Human Resources: .................. Donna Robole Finance: ........................................ Sharon Provos Safety Services: Police Department: ................. Nate Meredith Fire Department: ..................... Stuart Glaser NOTE: Chief of Police, is the designee who will receive data requests in the absence of any of the above-named Police Department designee. Deputy Fire Chief is the designee who will receive data requests in the absence of any of the above-named Fire Department designee. Public Services: Building Inspections: ................................... Cindy Shilts Economic Development Authority: ....... Tim Gladhill Engineering: ..................................................... Shawn Sanders Park & Recreation: ........................................ Shawn Sanders Planning : .......................................................... Tim Gladhill/Yasmine RobinsonBen Gutknecht Public Works: .................................................. Shawn Sanders NOTE: Beth Wolf, City Clerk, is the designee to receive data requests in the absence of any of the above-named Public Services designees. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 6 Copy Costs – Data Subjects An individual who is the subject of stored private or public data on individuals may inspect the data without any charge. This government entity charges data subjects for the actual cost of making and certifying copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. You must pay for the copies before we will give them to you. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for subject data, retrieve data, and make copies is the current year Administration Secretary hourly rate. If, because of the subject matter of your request, we find it necessary for a higher-paid employee (such as Department Heads, Managers, Human Resources Manager,) to search for and retrieve the data, we will calculate the search and retrieval portion of the copy charge at the higher salary/wage of the position retrieving the information. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 7 Data Request Form – Data Subjects Date of request: ___________________________________________________ To request data as a data subject IN PERSON, you must show a valid state ID, such as a driver’s license, military ID, or passport as proof of identity. Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. (i.e. a Release Letter from another agency (i.e., BCA, State Patrol etc. requesting background information) I am requesting access to data in the following way: Inspection Copies Both inspection and copies Note: inspection is free but we charge for copies. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please Attach additional sheets 1. 2. 3. 4. 5. 6. 7. 8. 9. Contact Information Name: ______________________________________________________________________________________________________ Parent/Guardian name (if applicable)___________________________________________________________________ Address: ___________________________________________________________________________________________________ Daytime Contact Number: _________________________________________________ (include area code) Email address: ___________________________________________________________________________________________ We will respond to your request within 14 business days. D D D Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 8 Standards for Verifying Identity The following constitute proof of identity.  An adult individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID  A minor individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID  The parent or guardian of a minor must provide a valid photo ID (as listed above) AND either: o a certified copy of the minor’s birth certificate or o a certified copy of documents that establish the parent or guardian’s relationship to the child, such as  a court order relating to divorce, separation, custody, foster care  a foster care contract  an affidavit of parentage  The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 9 TO BE COMPLETED BY CITY ONLY Note: According to MS § 13.03, Subd. 3, authorizes us to charge fees to recover costs to provide copies of data, including costs associated with searching, compiling, copying, mailing, or otherwise transmitting data. Prepayment is required prior to receiving copies of data. We do not charge for inspection of data or for separating not public data from public data. DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: PUBLIC PRIVATE DATA CONFIDENTIAL ACTION: APPROVED APPROVED IN PART (Explain Below) DENIED (Explain Below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: CHARGES: NONE Black & White Copies: _____ Pages x $0.25 per side = $__________________ Color Copies: _____ Pages x $______ per side = $__________________ (According to City Fee Schedule) The cost of employee time to search for data, retrieve data, and make copies is the 2015 current City Clerk hourly rate. _____ Hours x $36.51 $______ per hour = $_____________ Other: __________________ (attach explanation) IDENTITY VERIFIED FOR PRIVATE INFORMATION: An adult individual OR minor individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID o a Minnesota school ID (applicable to minor only) Type: of ID:____________________________________________ The parent or guardian of a minor must provide a valid photo ID and either o a certified copy of the minor’s birth certificate or o a certified copy of documents that establish the parent or guardian’s relationship to the child, such as  a court order relating to divorce, separation, custody, foster care  a foster care contract  an affidavit of parentage Type: of ID:____________________________________________ AUTHORIZED SIGNATURE: DATE: SUBMIT/RETURN FORM CITY CLERK D D D D D D D D D D D D - -- D DATE: December 27, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Designating a Responsible Authority in accordance with the State Data Practices Statute BACKGROUND Each January, City Council must appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City as required by Minnesota Statutes Section 13.02, Subd. 16. ACTION REQUESTED Staff recommends appointing Joseph Kohlmann, City Administrator, as the Responsible Authority. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion adopting a resolution designating a responsible authority and assigning duties in accordance with the State of Minnesota data practices statute. City of Stillwater Washington County, Minnesota RESOLUTION 2024- DESIGNATING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES IN ACCORDANCE WITH THE STATE OF MINNESOTA DATA PRACTICES STATUTE WHEREAS; Minnesota Statutes, Section 13.02, Subd. 16, as amended, requires that the City of Stillwater appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City; and WHEREAS, the Stillwater City Council shares concern expressed by the Legislature on the responsible use of all City data and wishes to satisfy this concern; and WHEREAS, the City Council has appointed an administratively qualified Responsible Authority as required by the statute in the past; and WHEREAS, the Stillwater City Council wishes to update the appointment for 2024. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater appoints Joseph Kohlmann, City Administrator, as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register. BE IT FURTHER RESOLVED, as follows: 1. To ensure that all individual data is available to the Responsible Authority and Data Compliance Officer all personnel, background investigation (raw and summary data), training, disciplinary and medical files shall be retained in a secure location as deemed appropriate by the Responsible Authority (City Administrator) and Data Compliance Officer (City Clerk). 2. That the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. Adopted by the Stillwater City Council this 2nd day of January 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: December 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Sharon Provos, Finance Director SUBJECT: Designated City Authority to Make Electronic Funds Transfers BACKGROUND Minnesota Statutes 471.38 and 471.381 require that on an annual basis, the City must delegate the authority to make electronic funds transfers. RECOMMENDATION It is recommended that the Council designate the authority to make electronic funds transfers to Sharon Provos, Vanessa Norby, Sarah Erenberg, May Vang and Tracy Anderson. ACTION REQUESTED If the Council agrees with the recommendation, they should pass a motion to approve Resolution Approving the Following City Employees as the Official Designated City Authority to make Electronic Funds Transfers. City of Stillwater Washington County, Minnesota RESOLUTION 2024- A RESOLUTION APPROVING THE FOLLOWING CITY EMPLOYEES AS THE OFFCIAL DESIGNATED CITY AUTHORITY TO MAKE ELECTRONIC FUNDS TRANSFERS WHEREAS, on an annual basis, the governing body must delegate to a designated business administrator the authority to make electronic funds transfers. This requirement is mandatory for local government entities. Statutes governing electronic funds transfers include §471.38 and §471.381. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the following employees, Sharon Provos, Vanessa Norby, Sarah Erenberg, May Vang, and Tracy Anderson, are appointed as official designated authority to make electronic funds transfers. Adopted by the City Council this 2nd day of January 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: December 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Sharon Provos, Finance Director SUBJECT: Designation of Depositories for 2024 BACKGROUND Minnesota Statutes Chapter 118A.02 requires that the governing body of each government entity to designate on an annual or biannual basis, one or more financial institutions as a depository for its public funds. RECOMMENDATION It is recommended that the Council review the financial institutions listed in the Designation of Depositories for 2024 resolution and designate them all. ACTION REQUESTED If the Council agrees with the recommendation, they should pass a motion to approve Resolution Designation of Depositories for 2024. City of Stillwater Washington County, Minnesota RESOLUTION 2024- DESIGNATION OF DEPOSITORIES FOR 2024 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following is hereby designated as an City depositories for the year 2024: First Resource Bank First State Bank and Trust Bayport Lake Elmo Bank MidWest One Minnesota 4-M Investment Fund Oppenheimer Raymond James U.S. Bank Adopted by the Stillwater City Council this 2nd day of January, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk DATE: December 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Gambling Premise Permit for Bayport American Legion BACKGROUND The City has received a Lawful Gambling Premises Permit Application from Bayport American Legion Post to conduct gambling at Patriots Tavern located at 145 New England Place in Stillwater. The activity requested is paper pull-tabs with dispensing device, electronic pull-tabs and electronic linked bingo. The premise lease will be effective February 1, 2024. RECOMMENDATION The Bayport American Legion submitted the required documentation demonstrating that the organization is collecting gambling monies for lawful purposes. Therefore, staff recommends approving the Bayport American Legion to conduct gambling at Patriots Tavern. ACTION REQUESTED If council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR BAYPORT AMERICAN LEGION. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR BAYPORT AMERICAN LEGION AT PATRIOTS TAVERN WHEREAS, the Bayport American Legion submitted an application to the City of Stillwater requesting City approval of a Minnesota Lawful Gambling Premise Permit at Patriots Tavern located at 145 New England Place, Stillwater, Minnesota; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a Minnesota lawful gambling premise permit for Bayport American Legion. Adopted by the Stillwater City Council this 2nd day of January, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: December 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Legal Publication Designation for 2024 BACKGROUND The City has received a proposal from The Stillwater Gazette to provide legal publication services to the City. Their rates for 2024 are as follows:  Gazette’s rates are $5 per column inch for the first insertion, ($4.25 per inch for subsequent insertions of the same legal notice). The same as last year. The legal publications have been published in the Gazette for many years, and the requirements for legal publications have been met. RECOMMENDATION Staff recommends that Council continue publishing in the Stillwater Gazette for its legal publications. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion adopting a resolution Designating the Stillwater Gazette as the City’s 2024 Legal publications newspaper, and approving the agreement. City of Stillwater Washington County, Minnesota RESOLUTION 2024- DESIGNATING THE STILLWATER GAZETTE AS THE CITY’S 2024 LEGAL PUBLICATIONS NEWSPAPER AND APPROVING AGREEMENT WHEREAS, the City is required to designate a legal newspaper of general circulation in the City of Stillwater every year for publication of legal notices; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1. The Stillwater Gazette is hereby designated as the City’s official publication for all legal notices; and 2. That the contract for legal publications with the Stillwater Gazette is hereby approved, and the Mayor and City Clerk are authorized to sign the contract on behalf of the City. Adopted by the Stillwater City Council this 2nd day of January, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER FOR THE CITY OF STILLWATER LEGAL NOTICES IN 2024 THIS AGREEMENT, made and entered into this 2nd day of January , 2024, by and between The Sti llwater Gazette, hereinafter called the "Contractor," and the City of Stillwater, a municipal corporation of Washington County, Minnesota , hereinafter called the "City." WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that The Stillwater Gazette is , and for the term of th is contract shall continue to be , a Qua lified Newspaper in accordance with the laws of the State of Minnesota, §331 A.01, having general c i rcu lation in the City of Stillwater. 2 . That for and during the calendar year ending December 31, 2024, the Contractor will publish all legal notices in The Stillwater Gazette. 3 . The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4 . That all of the publications shall generally conform with established standards of quality previously provided the City . 5 . In accordance with the Specifications for City of Still w ater publications for 2024 Legal Advertising on file with the Office of the City Clerk and using 7 point -8 leading Helvetica type and a standard advertising unit width , the cost per column inch for official City publications shall be: First insertion: Second, and each subsequent insertion: $5 .00 per column inch $4.25 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first abo ve written. CITY OF STILLWATER Ted Kozlowski, Mayor THE STILLWATER GAZETTE ATTEST: ________ _ Beth Wolf, City Clerk DATE: January 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Agreement for 2024 MS4 Support Services. DISCUSSION As part of the City’s Stormwater Pollution Prevention Plan under our Municipal Separate Storm Sewer System (MS4), the City is required to perform certain tasks annually to make sure we are in compliance with our permit. This includes training, inspections and recordkeeping. The City has relied on a consultant, WSB, to assist us with the permit, provide the training, keep us current with the requirements of the permit and to answer our questions. WSB has provided us a quote for $10,200 for their services with our MS4 Permit in 2024. RECOMMENDATION Staff recommends entering into an agreement with WSB for MS4 Support Services in 2024. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH WSB FOR 2024 MS4 SUPPORT SERVICES 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 7th day of February, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and WSB, 701 Xenia Ave S. Ste # 300, Minneapolis, MN 55416 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: 2024 MS4 Support Services WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services (“Services”), as defined in the following documents: i. A proposal dated 10/20/2023, incorporated herein as Exhibit A; b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. (Stillwater ~~ -' The Birthplace of Minnesota .) 2 a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Shawn Sanders, to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Rebecca Haug to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. 3 a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant’s employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City’s employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers’ Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Shawn Sanders Or e-mailed: ssanders@stillwatermn.gov If to Consultant: WSB 701 Xenia Ave. S. Ste# 300 Minneapolis, MN 55416 Attention: Rebecca Haug Or e-mailed: rhaug@wsbeng.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as 4 employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 5 WSB By: Its: Director of Environmental Compliance Date: December 18, 2023 Project Description: 2024 MS4 Support Services :a; 0 u 0 z w (D Cf) s: 0 0 CD ..,. ..,. "' ("') <D r-- <D ..,. "' "' z :a; Cf)" _J 0 a. <( w z z ~ 0 0 ("') w I- ::> Cf) Cf) w :::> z w > <( ::: z w X 0 r-- October 20, 2023 Mr. Shawn Sanders Director of Public Works City of Stillwater 216 4th St N Stillwater, MN 55082 Re: 2024 MS4 Support Services Proposal Dear Mr. Sanders: wsb ; On behalf of WSB, I am pleased to submit this proposal to provide professional services as they relate to implementation and support of the City of Stillwater's Stormwater Pollution Prevention Plan (SWPPP), which is required by the Municipal Separate Storm Sewer System (MS4) General Permit. PROJECT UNDERSTANDING WSB will work with the City of Stillwater (City) to administer their MS4 program and keep the City's MS4 program in compliance with the updated 2020 MS4 permit. The tasks and costs listed below are for 2024 and are associated with the routine upkeep of the City 's MS4 program . SCOPE OF SERVICES WSB proposes to work with City of Stillwater (City) staff to complete the work detailed below. The following tasks are designed to ensure that the City addresses program requirements in a timely manner. Task 1. SWPPP Administrative Activities (Estimated Fee $8,000) 1.1 Quarterly Administrative Meetings and General MS4 Project Management The WSB project manager will meet quarterly with the City's MS4 Administrator and help support staff with the implementation of the approved Part 11 Reauthorization Application. Further, the WSB project manager will routinely check-in with the City's MS4 Administrator and address the following items : • Tasks for staff members to complete as part of the program implementation. • Documentation requirements needed quarterly to ensure ongoing permit compliance and aide in annual reporting to the Minnesota Pollution Control Agency (MPCA). • Any updates from the MPCA that may offer benefits or impacts to the City's MS4 Permit activities . G:I Clients AII\Stillwater\MS412024\Scope for 2024 MS4 Services_Slillwaler.docx Mr. Shawn Sanders October 20, 2023 Page 2 1.2 Recordkeeping & Tracking WSB will work with the City of Stillwater to identify mechanisms to successfully track and report MS4-related activities that are occurring in the City. To aid recordkeeping and tracking, WSB will provide access to a Mylink portal to improve internal processes and overall communication during the MS4 program update process and remaining permit term. The City will have their own, dedicated portal page which is customizable with photos, links, featured documents, and many other plug-ins to meet any MS4 needs, including the ability to find any necessary documents quickly and easily, work collaboratively on documents, and provide real-time progress. 1.3 MS4 Organizational Chart WSB will assist the City in developing an organizational chart to help define the responsibilities of each department. This will help document how the City will be able to successfully implement each component of the MS4 program. This includes everything from education, illicit discharge detection and enforcement, plan reviews, and good housekeeping practices for municipal operations. This organizational chart will also identify partner agencies that may help the City in meeting its MS4 goals. 1.4 2022 and 2023 Annual Report and TMDL Reporting WSB will assist the City in completing the MS4 Annual Reports for 2022 and 2023 ensuring they are submitted by the deadline. In addition, the WSB project manager will assist in completing any TMDL reporting requirements for the Annual Reports. Task 2. Staff Training (Estimated Fee $1,060) Development of a comprehensive training program is critical to the foundation of any MS4 program. It is important to communicate to all City staff how their role impacts stormwater pollution. This task will include a draft of a staff training program that will identify training opportunities, annual schedules, and recordkeeping. In addition, the WSB project manager will complete a 1-hour training session for the City's field staff, which will include information on illicit discharge detection and elimination, construction site best management practices, and good housekeeping practices, including winter maintenance activities. Materials will be provided following the training for makeup sessions or seasonal employees. Task 3. Annual Public Meeting (Estimated Fee $1,060) The WSB project manager will prepare materials, including a memo for the Council packet and a PowerPoint presentation, and assist the MS4 Administrator with the annual public meeting, which includes attendance at the public meeting. PROPOSED FEE This proposal represents our complete understanding of the MS4 Permit and the work needed to complete the tasks associated with the City's MS4 program. The proposed fee to provide the MS4 support services above is $10,120. This fee includes routine annual MS4 program management as well as updates to the City's MS4 program to meet the new MS4 permit requirements and required inspections. Mr. Shawn Sanders October 20, 2023 Page 3 SCHEDULE We propose to have this contract begin immediately upon Staff authorization to best support the City. If you have any questions or concerns, please contact me at 763.438.7475 or rhaug@wsbeng .com . Thank you for the opportunity to continue to serve the City of Stillwater. Sincerely, WSB ~ ~½ Kory Bonnell Rebecca Haug Director of Environmental Compliance Sr. Project Manager -Water Resources ACCEPTED BY: CITY OF STILLWATER, MINNESOTA The City of Stillwater hereby accepts the proposal for services outlined above in the amount of $10,120.00 to be performed in accordance with the terms and conditions of the Agreement for Professional Engineering Services between the City of Stillwater and WSB effective January 1, 2024. Signature: --------------- Name: --------------- Title: --------------- Date: --------------- DATE: December 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: 2024 Fee Schedule DISCUSSION Each year City Council is asked to adopt a Fee Schedule which establishes the fees and charges for service for the City’s regulatory functions. The presence of a fee schedule allows fees to be easily identified in one document, as opposed to being scattered throughout City Code. In addition, a fee schedule adopted on an annual basis provides the Council the opportunity to review fees for services in a comprehensive manner. City Council reviewed the changes to the 2024 Fee Schedule at their December 19, 2023 regular meeting and passed the 1st reading of the Ordinance adopting the 2024 Fee Schedule. Since the last meeting, staff reviewed the fee schedule and these Building Permit Fees were inadvertently missed: o Water Rate for Residential 19,000-28,000 gallons should be $2.76/1000 gal. instead of $2.68/1000 gal. o Plumbing permit fee for Sewer and Water should be $55 instead of $52 o Heating plant includes fireplaces fee should be $55 instead of $60 Also staff noticed the Engineering Fees for AUAR and Trunk Sewer and Water were listed twice in the fee schedule therefore it has been removed from XIII. Zoning and Land Use Application Fees section. ACTION REQUESTED Motion to approve the 2nd reading of an Ordiance establishing the City of Stillwater 2024 Fee Schedule. City of Stillwater Washington County, Minnesota ORDINANCE 1210 AN ORDINANCE ESTABLISHING THE CITY OF STILLWATER 2024 FEE SCHEDULE The City Council of the City of Stillwater does ordain: SECTION 1 The following fees are hereby revised by ordinance: a) I. ADMINISTRATION FEES. Redact duplicative fees for copies, add Election Candidate Filing item with a $5 fee, and add Special Service District Assessment Fee item with a $500/commercial building fee. b) II. ADMINISTRATION LICENSING FEES. Rename section title to Business Licensing Fees. c) III. BUILDING PERMIT FEES. Add Building Permit Fees into City Fee Schedule and increase the Building Permit fees as follows: Plumbing Permit Fee Minimum Fee Commercial 1% of bid plus state surcharge $55 plus state surcharge Residential $10 per opening plus state surcharge $55 plus state surcharge Water Softeners $25 plus state surcharge Sewer and Water $55 plus state surcharge Mechanical Permit Commercial 1% of bid plus state surcharge $55 plus state surcharge Residential – if installing both heat and air conditioning on the same permit Heating plant $55 plus state surcharge Air conditioning $25 plus state surcharge Residential – if installing either heat and air conditioning Heating plant only $55 plus state surcharge Air conditioning only $55 plus state surcharge Heating plant includes fireplaces $55 plus state surcharge Miscellaneous work such as duct work, new gas line, etc. $55 plus state surcharge Building Permit Fees – Total Valuation $1.00 to $500.00 $30 $501.00 to $2,000.00 $30 for the first $500 plus $3 for each additional $100 or fraction thereof, to and including $2,000 $2,0001 to $25,000 $75 for the first $2,000 plus $15 for each additional $1,000, or fraction thereof, to and including $25,000 $25,001.00 to $50,000.00 $425 for the first $25,000 plus $10 for each additional $1,000, or fraction thereof, to and including $50,000 $50,001.00 to $100,000.00 $675 for the first $50,000 plus $11.50 for each additional 1,000, or fraction thereof, to and including $100,000 $100,001.00 to $500,000.00 $1,250 for the first $100,000 plus $5.50 for each $1,000, or fraction thereof, to and including $500,000 $500,001.00 to $1,000,000.00 $3,500 for the first $500,000 plus $4.50 for each Additional $1,000, or fraction thereof, to and including $1,000,000 $1,000,001.00 and up $5,750 for the first $1,000,000 plus $3.15 for each additional $1,000, or fraction thereof Other Inspections and Fees Inspections outside of normal business hours $55*/hour Reinspection fees assessed under provisions of Section 305.8 $55*/hour Inspections for which no fee is specifically indicated $55*/hour (minimum charge = one half hour) Additional plan review required by changes, additions or revisions to plans $55*/hour For use of outside consultants for plan checking and inspections, or both Actual costs ** *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. **Actual costs include administrative and overhead costs. d) IV. ENGINEERING FEES. Increase the Engineering Development fees based on the Construction cost index of 6.97% as follows: AUAR Single Family $4,564.45/acre Multi-family/Commercial $9,128.89/acre Trunk Sewer and Water Phase III Annexation $22,793.12/acre Long Lake East $12,819.58/acre Long Lake West $18,891.93/acre Middle Trunk A $8,141.97/acre Boutwell East $18,157.36/acre Boutwell West $14,031.27/acre Redact Tree Cutting Permit Fee. e) V. FINANCE FEES. Adjust Utility Rates as follows: Sanitary Sewer Rates - Per Quarter First Minimum Charge $78.11 Overage Charge $10.71 Storm Sewer Rate - Per Quarter $15.75 ($16.22 for 2025) Street Lighting - Per Quarter Residential $12.36 with a 3% increase in 2025 Water Rate: Commercial Winter $2.77/1000 gal Commercial Summer $3.02/1000 gal Residential 1000-8000 gallons $1.70/1000 gal Residential 9000-18,000 gallons $2.23/1000 gal Residential 19,000-28,000 gallons $2.76/1000 gal Residential 29,000+ gallons $4.35/1000 gal f) VI. FIRE FEES. Amend language for Lift Assists (non-injury) to include Independent Living facilities/Residential. Add new item, Lift Assists (non-injury) Assisted Living Facilities, Nursing Care Facilities with a rate of $400/call. g) VII. PARK FEES. Amend the description for Park Reservation Fees to: PARK FEES for park reservations and “events” excluding “special events”. Add a $25 fee to Event Application Fee and adjust Application Late Fee to $75 for events/$500 for special events. Amend definition of Event fees under Event Fees (Defined): as follows: No event base fee required but $100 refundable damage deposit if using park + park fees apply. h) XI. ST. CROIX VALLEY RECREATION CENTER RATES. Redact the Outdoor Field item completely and adjust rental rates as follows: Hourly Rates Prime Time Non-Prime Time Summer Ice Rec Center Ice $245/hour $190/hour $190/hour Lily Lake Ice $240/hour $190/hour $190/hour Full Field Hours $345/hour $280/hour $190/hour Half Field House $245/hour $215/hour $190/hour Other Rates Open Skating $7/child $8/adult Open Field $7/child $8/adult i) XIII. ZONING AND LAND USE APPLICATION FEES. Redact duplicative AUAR Fees and Trunk Sewer and Water Fee SECTION 2 UNCODIFIED. This ordinance shall not be codified in the Stillwater City Code but fees will be included in the City’s adopted 2024 Fee Schedule. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amends fees. The ordinance will not be codified in the City Code but the fees will be listed in the City’s 2024 Fee Schedule. SECTION 4 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 2nd day of January, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov 2023 FEE SCHEDULE Revised November 8, 2023 I. ADMINISTRATION FEES Fee Data Practices Requests/Copies – Fee must be paid before any data is released Electronically Stored Data/Transmitted via pdf, 100 or fewer pages of letter or legal size Actual Cost (minimum rate is $30 per hour) Paper Copies (black and white), 100 or fewer pages letter or legal size 25¢ for a one-sided copy 50¢ for a two-sided copy Paper copies (black and white) 11 x 17 $0.75/page Paper Copies (color/prints) per side 8.5 x 11 (1-5 pages) $2.00/page 8.5 x 11 (6-50 pages) $1.75/page 8.5 x 14 (1-5 pages) $2.50/page 8.5 x 14 (6-50 pages) $2.25/page 11 x 17 (1-5 pages) $3.00/page 11 x 17 (6-50 pages) $2.75/page Copies or Electronic Transmittal of more than 100 pages or Other Types of Copies Actual Cost (minimum rate is $30 per hour) Data on CD/DVD/Flash Drive (does not include costs of retreiving data) $15 Data Practices Research Deposit $300 Prepared Maps ‐ Black/White/Blue Line As-built Drawings (11 x 17) $10 minimum or $3 per page City Map (8.5 x 11) or (11 x 17) $2 Land Use Map (11 x 17) $4 Zoning (8.5 x 11) $2 Zoning (11 x 17) $4 Prepared Maps ‐ Color City Map (8.5 x 11) or (11 x 17) $2 Land Use Map (11 x 17) $7 Parcel Map and Topographic Maps Available from Washington County Zoning Map (8.5 x 11) $5 Zoning Map (11 x 17) $7 Publications/Minutes/Agendas Budget Book $25 City Code Book Unbound $100 City Code Book Bound $125 Comprehensive Plan printed & bound $75 Comprehensive Plan CD $15 Design Manual $5 Downtown Plan $10 Financial Report $50 llwater THE BIRTHPLACE OF M I NNESOT: ~ 2023 Fee Schedule Page 2 of 12 11/8/23 Mailed agendas – per year $20 + Postage Mailed minutes – per year $60 + Postage Zoning Book $25 Other Services – (City meetings available on DVD through Valley Access Channels at 651‐430‐2921) Copies (B/W) per side (8.5 x 11) 25¢ (8.5 x 14) 50¢ (11 x 17) 75¢ Copies (Color/Prints) per side (8.5 x 11) (1-5 pages) $2 (8.5 x 11) (6-50 pages) $1.75 (8.5 x 14) (1-5 pages) $2.50 (8.5 x 14) (6-50 pages) $2.25 (11 x 17) (1-5 pages) $3 (11 x 17) (6-50 pages) $2.75 Data on CD/DVD/Flash Drive (cost for data not include) $15 Election Candidate Filing Fee $5 Special Service District Assessment Fee $500/commercial building II. ADMINISTRATION BUSINESS LICENSING FEES Fee Per Year Liquor, CBD & Tobacco Licenses On-Sale $2,887.50 On-Sale Club $446.25 On-Sale Sunday $200 On-Sale Extend Hours for World Cup $250 Off-Sale $200 On-Sale Wine $315 On-Sale Wine w/Strong Beer $477.75 On-Sale 3.2% Malt Liquor $162.75 On-Sale 3.2% Malt Liquor Extra Hours for World Cup $250 Off-Sale 3.2% Malt Liquor $57.25 Brewer Tap Room $500 Brewer Off-Sale $200 Small Brewer Off-Sale $200 Brewers Tap Room On-sale Sunday $200 Consumption & Display $250 initial + $250 payable to AGED 2 A.M. On-Sale $200 initial + $200 payable to AGED Micro Distiller Cocktail Room $2,887.50 Micro Distiller Off-Sale $200 Temporary On-Sale or 3.2% Liquor License *Fee includes AGED license and public safety services Using Private Property $25 per day Using City Property with over 250 people $1,000/day* Using City Property with 75 to 250 people $250/day* Using City Property with under 75 people $25/day CBD Retail Establishment License $4,000 Tobacco License $250 Initial Liquor, Tobacco and CBD Investigation Fee $300 2023 Fee Schedule Page 3 of 12 11/8/23 Annual Investigation (Liquor, CBD & Tobacco) $150 Massage Therapist License Establishment License $100 Individual Therapist License Background Check $15 Pawn Broker Fee $5,000 + $200 monthly fee for computer access charges Short Term Home Rental License (valid 3 years) $300 Background Check Investigation Fee At City Cost Additional Inspection (1st inspection included in license fee) $150 each Solid Waste, Recycling and/or Roll‐off Hauler License Commercial Property (including roll-off) $300 Residential Property (including roll-off) $300 Roll-off Only $50 III.BUILDING PERMIT FEES – see City Code Chapter 33 Section 33‐4 for building permit fees Fee Minimum Fee Contractor License (per year) $100 Plumbing Permit Commercial 1% of bid plus state surcharge $49.50 $55 plus state surcharge Residential $7.00 $10 per opening plus state surcharge $49.50 $55 plus state surcharge Water Softeners $15.00 $25 plus state surcharge Sewer and Water $49.50 $55 plus state surcharge Mechanical Permit Commercial 1% of bid plus state surcharge $49.50 $55 plus state surcharge Residential – if installing both heat and air conditioning on the same permit Heating plant $49.50 $55 plus state surcharge Air conditioning $25 plus state surcharge Residential – if installing either heat and air conditioning Heating plant only $49.50 $55 plus state surcharge Air conditioning only $49.50 $55 plus state surcharge Heating plant includes fireplaces $50.00 $55 plus state surcharge Miscellaneous work such as duct work, new gas line, etc. $49.50 $55 plus state surcharge Building Permit Fees – Total Valuation $1.00 to $500.00 $23.00 $30 $501.00 to $2,000.00 $23.50 $30 for the first $500 plus $3.05 $3 for each additional $100 or fraction thereof, to and including $2,000 $2,0001 to $25,000 $69.25 $75 for the first $2,000 plus $14.00 $15 for each additional $1,000, or fraction thereof, to and including $25,000 $25,001.00 to $50,000.00 $391.25 $425 for the first $25,000 plus $10.10 $10 for each additional $1,000, 2023 Fee Schedule Page 4 of 12 11/8/23 or fraction thereof, to and including $50,000 $50,001.00 to $100,000.00 $643.75 $675 for the first $50,000 plus $7.00 $11.50 for each additional 1,000, or fraction thereof, to and including $100,000 $100,001.00 to $500,000.00 $993.75 $1,250 for the first $100,000 plus $5.60 $5.50 for each $1,000, or fraction thereof, to and including $500,000 $500,001.00 to $1,000,000.00 $3,233.75 $3,500 for the first $500,000 plus $4.75 $4.50 for each Additional $1,000, or fraction thereof, to and including $1,000,000 $1,000,001.00 and up $5,608.75 $5,750 for the first $1,000,000 plus $3.15 for each additional $1,000, or fraction thereof Other Inspections and Fees Inspections outside of normal business hours $47.00 $55*/hour Reinspection fees assessed under provisions of Section 305.8 $47.00 $55*/hour Inspections for which no fee is specifically indicated $47.00 $55*/hour (minimum charge = one half hour) Additional plan review required by changes, additions or revisions to plans $47.00 $55*/hour For use of outside consultants for plan checking and inspections, or both Actual costs ** *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. **Actual costs include administrative and overhead costs. IV. ENGINEERING FEES Fee Escrow An Escrow shall be established to cover engineering and legal fees incurred by the City as part of the plan review. The fee shall be doubled for after‐the‐fact permit applications. Engineering Development Fees AUAR Single Family $4,439.26$4,564.45/acre Multi-family/Commercial $8,878.52$9,128.89/acre Trunk Sewer and Water Phase III Annexation $22,167.98$22,793.12/acre Long Lake East $12,467.53$12,819.58/acre Long Lake West $18,737.79$18,891.93/acre Middle Trunk A $7,918.66$8,141.97/acre Boutwell East $17,659.37$18,157.36/acre Boutwell West $13,646.44$14,031.27/acre Park & Trail Fee See city code Chapter 48, Sec 48-51 I 2023 Fee Schedule Page 5 of 12 11/8/23 Other Engineering Fees Sanitary Sewer Hookup $5,000/unit Water Hookup $5,000/unit Public ROW or Pubic Easement Vacation $350 Small Wireless Facility $50/device $5,000 Tree Cutting Permit $25 Tree Contractor License Fee $100/year Grading Erosion Control - Residential $250 $2,500 - Non-Residential $700 $7,000 Grading Permits See Uniform Building Code Obstruction Permit $50/week Right-of-Way Permit Hole: $200 per hole Trench: $200 plus $0.50 per lineal foot of trench Boring: $200 plus $0.50 per lineal foot of trench Extension: $200 plus $0.50 per lineal foot of trench Penalty: 2 times the amount of standard permit Degradation: homeowners are exempt on repairs to existing sewer and water services in the right‐of‐way To be calculated by City (see below for estimates) Degradation Fee Estimates for Bituminous Street New Street - 0 to 5 years $4.00 per square foot Existing Street $2.00 per square foot Street to be reconstructed in next 5 years $1.00 per square foot Degradation Fee Estimates for Bituminous Pathway New Path - 0 to 5 years $1.50 x path width x length Existing Path - 5 years old to 5-year plan $1.00 x path width x length Path to be reconstructed in next 5 years $0.50 x path width x length V. FINANCE FEES Fee Assessment Searches $25 Assessment Roll Copy (each) $25 Merchant Credit Card Processing Fee At City Cost Mowing & Snow Removal Services - in addition to contractual services 1 time service call or first reoccurring service call $100 Second service call and each additional reoccurring service calls $50 NSF Checks or denial of ACH Fee Maximum allowed by law Parking Violation Late Fee $25 Sanitary Sewer Rates - Per Quarter First Minimum Charge $72.85$78.11 Overage Charge $10.40$10.71 Penalty/Late Fee 10% Storm Sewer Rate - Per Quarter $13.75 $15.75 $15.75 for 2024 $16.22 for 2025 2023 Fee Schedule Page 6 of 12 11/8/23 Street Lighting - Per Quarter Residential $12.36 with a 3% increase in 2024 and in 2025 Per Quarter Non-Residential Based on acreage Water Rate: Commercial Winter $2.69$2.77/1000 gal Commercial Summer $2.94$3.02/1000 gal Residential 1000-8000 gallons $1.65$1.70/1000 gal Residential 9000-18,000 gallons $2.16$2.23/1000 gal Residential 19,000-28,000 gallons $2.68$2.76/1000 gal Residential 29,000+ gallons $4.22$4.35/1000 gal VI. FIRE FEES Fee Annual license for retail sales of consumer fireworks $100 Fireworks Display Permit (Pyrotechnics) $100 Automatic fire extinguishing systems 1.2% of value, $100 minimum Fire alarm systems 1.2% of value, $100 minimum Open burning permit $20 Residential daycare and foster care inspection $50 Tank removal permit $75 Yearly nuisance/false alarm fees* – Residential $0 1-2 *False alarm fees based on calendar year and per call basis $75 3-4 $150 5-6 $300 7-8 $400 9 + Yearly nuisance/false alarm fees* – Commercial $0 1-2 *False alarm fees based on calendar year and per call basis $90 3-4 $180 5-6 $360 7-8 $425 9 + Lift Assists (non-injury) Independent Living Facilities/Residential $0 1-2 / year $100 3-4 / year $200 5-6 / year $400 7 + / year Lift Assists (non-injury) Assisted Living Facilities, Nursing Care Facilities $400/call Fire Personnel Fees (Services that do not fall under Events) Fire Department Personnel Overtime Rate – 3 hr. Minimum VII. PARK FEES (for rentals that DO NOT fall under Events) for park reservations and “events” excluding “special events” Fee Park Facilities (picnic shelters, gazebos, pergolas) $100 refundable damage deposit and $100/day reservation fee Ball fields (for tournaments) $150 refundable damage deposit and $300 reservation fee Preparation of Ball fields Lower Lily Lake field $20/game Upper Lily Lake field or Public Works Field $15/game Baseball & Softball $15/game except Lower Lily Lake field 2023 Fee Schedule Page 7 of 12 11/8/23 Lacrosse or Soccer $20/application Football $25/application Park Open Space $100 refundable damage deposit and $50/day reservation fee Pioneer Park Bandshell & Lowell Park Amphitheater All groups, including not‐for‐profit and educational institutions must pay to use the bandshell and amphitheater $100 refundable damage deposit and $125/day reservation fee Teddy Bear Park Building Rates – A $100 refundable damage deposit per floor plus the following: Mon-Thurs Fri-Sun First 3 hrs. (1st floor) $80 First 3 hrs. (1st floor) $160 Add’l hour (1st floor) $25 Add’l hour (1st floor) $45 First 3 hrs. (2nd floor) $60 First 3 hrs. (2nd floor) $125 Add’l hour (2nd floor) $15 Add’l hour (2nd floor) $35 Events & Special Events Event Application Fee $0$25 Special Event Application Fee $50 Special Event with Contract Application Fee $100 Application Late Fee $75 for events/$500 for special events Event Fees (Defined): *Per Day includes each day of event. Separate load‐in day fee of $500/day will apply. Event Special Event Special Event With Contract No event base fee required but $100 refundable damage deposit if using park + park fees apply $500/day* base fee plus $1,000 security deposit $500/day* base fee plus $1,000 security deposit – subject to negotiated contract provisions Food Service Vendors at Events 1-10 Vendors $50/day of service at event 11+ Vendors $200/day of service at event Materials for Events Porta Potty – ADA Compliant Actual Cost from City Vendor Porta Potty – Standard Actual Cost from City Vendor Additional Service Actual Cost from City Vendor Traffic Control for Events requiring intersection(s) controlled Organizer required to provide proper traffic control equipment Route Events under 4 hours $300/day Parades or Route Events over 4 hours $1,000/day Road Closure for Events without Routes $0 VIII. PARKING FEES Fee Parking Lot Rental for Events – Organizer required to provide proper traffic control equipment Lots 1, 7, 8, 8A, or 12-17 (Lot 17 is available at no charge for Veteran Memorial Events & Farmers Market) Not available Lots 2 (north half), 2 (south half), 3, 4, 5, 8B, 9,10, 11 $200/day Downtown Parking Rental Rates – All stalls $9/day/space Permit Parking Downtown Residential Permit parking per vehicle $20/month Downtown Business Permit per vehicle $20/month Parking Ramp – Rivertown Commons (limit 8) $25/month 2023 Fee Schedule Page 8 of 12 11/8/23 Parking Ramp – General Residential Permit (limit 17) $35/month Hourly Parking Hourly Parking (10:00 a.m. to 10:00 p.m. daily, except during events) All Surface Lots (1-12) and On-street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street) $1/hour Event Parking All Surface Lots (1-12) and On-street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street) $10/day Merchant Processing Fees At City Cost IX. POLICE FEES Fee Audio Copy $15 Bicycle License $1 Annual Dog Pass – Resident $0 Annual Dog Pass – Non-Resident $10 Dog License or Pass Replacement Tag $5 Dog License – 3-year license $35 3-year license microchipped only $25 3-year license sterilized only $15 3-year license microchipped and sterilized $5 Dog License - Lifetime license $105 Lifetime license microchipped only $75 Lifetime license sterilized only $45 Lifetime license microchipped and sterilized $15 Lifetime licensee holders must provide a copy of rabies vaccination every 3 years to the City of Stillwater Dog License - Potentially Dangerous $200 Dangerous $400 Dog Impound $50 Kennel $250 In-house Statistical Computer Run $25 Peddler Background Check per each individual or representative $15 Police Reports or State Accident Reports $0 Special Vehicle License $100 Police Personnel Fees (Services that do not fall under Events) Police Dept. Personnel/Officers Overtime Rate – 3 hr. Minimum Police Reserves $25 per hour – 3 hr. Minimum X. PUBLIC WORKS WATER DEPARTMENT FEES Fee Curb turn on/shutoff (during business hours) No Charge Curb turn on/shutoff (after business hours) $100 Hydrant Connection or meter $35 Water Availability Charge $1000 per Sac Unit Water Meter – ¾” $300 Water Meter – 1” $400 Water Meter – >1” At Cost Parts (curb stop, valves, fitttings) – Residential and Commercial properties only At Cost Bulk water $2 per 1,000 gallons 2023 Fee Schedule Page 9 of 12 11/8/23 Hydrant meter deposit $2,500 XI. ST. CROIX VALLEY RECREATION CENTER RATES Hourly Rates Prime Time Non‐Prime Time Summer Ice Rec Center Ice $230245/hour $175190/hour $175190/hour Lily Lake Ice $225240/hour $175190/hour $175190/hour Full Field Hours $325345/hour $265280/hour $170190/hour Half Field House $225245/hour $195215/hour $170190/hour Outdoor Field $20/hour $20/hour $20/hour Other Rates Open Skating $57/child $68/adult Open Field $57/child $68/adult XII. VIOLATIONS Fine City Code Administrative Citations Animal – Wild or Dangerous Dog $500 Ch. 27 Animal violations, general, including bees, chickens (except dangerous animals) $55 Ch. 27, Ch. 31 Building Demolition violations of historic structures $500 Ch. 31-215 Curfew $50 Sec. 52-11 Disposal of waste into sewer system $100 Ch. 29 Failure to obtain a license, registration or permit $250 Ch. 41, Ch. 43 Fire Code violations $100 Ch. 23 Garbage & Rubbish $25 Ch. 30 Noise violations $150 Ch. 52 Parking violation $25 Ch. 51 Parking violation snow emergencies $50 Ch. 51 Public nuisance, general $200 Ch. 38 Public nuisances affecting health, peace and safety $500 Ch. 38 Public health, safety, welfare violations (except as otherwise stated) $100 Ch. 52 Public parks violations $50 Ch. 48 Public waters violations $200 Ch. 35 Recreational vehicles violation $50 Sec. 51-7 ROW permit violations $100 Ch. 24 Self-propelled devices violations $50 Sec. 51-8 Short Term Home Rental 1st verified complaint $250 Sec. 41-8 Short Term Home Rental 2nd Verified complaint $1,000 Sec. 41-8 Short Term Home Rental 3rd verified complaint $2,000 Sec. 41-8 Snowmobiles $70 Sec. 51-6 Special & Conditional Use Permit violations $250 Ch. 31 State Building Code violations, general $200 Ch. 33 State Building Code violations, hazardous $500 Ch. 33 Stormwater violations $200 Ch. 35 Subdivision Ordinance violations $250 Ch. 32 Watering restriction violations $25 Ch. 28 Zoning Ordinance violations, unless otherwise stated $100 Ch. 31 2023 Fee Schedule Page 10 of 12 11/8/23 Except as otherwise stated above, all other violations of City Code $100 Repeat Violations within 12 months (except parking violations) Double the amount of scheduled fine for the previous violation, up to a maximum of $2,000 Liquor, CBD & Tobacco License Violation Appeal $100 + Hearing Officer Fee ($90 hr) CBD Violations *Same licensed premises within 36 month period of first violation 1st Offense 2nd Offense* 3rd Offense and subsequent* Sale/purchase of CBD intoxicating products to/by underage person $500 $750 + 3 day Suspension $1,000 and Revocation Refusal to allow City Inspectors & Police to inspect premises 5 day Suspension 15 day Suspension Revocation CBD Ordiance Violations $500 Double amount of scheduled fine for the previous violation, up to a max. of $2,000 Liquor Violations *Look back period for multiple offenses is no more than 5 years 1st Offense 2nd Offense 3rd Offense* 4th Offense After hours display or consumption of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation After hours sales of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation Commission of a felony related to the licensed activity Revocation N/A N/A N/A Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation Refusal to allow City Inspectors or Police admission to inspect premises 5 day Suspension 15 day Suspension Revocation N/A Sale of alcoholic beverages while license is under suspension Revocation N/A N/A N/A Sale/purchase of alcoholic beverages to/by underage person $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Sales of alcoholic beverage to obviously intoxicated person $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Tobacco Violations *Same licensed premises within 36‐month period of first violation 1st Offense 2nd Offense* 3rd Offense and subsequent* Refusal to allow City Inspectors & Police admission to inspect premises $300 $600 $1,000 and Revocation Sale/purchase to/by underage person $300 $600 $1,000 and Revocation Unlawful self-service sale $300 $600 $1,000 and Revocation Unlawful vending machine $300 $600 $1,000 and Revocation All other tobacco violations $300 $600 $1,000 and Revocation 2023 Fee Schedule Page 11 of 12 11/8/23 XIII. ZONING AND LAND USE APPLICATION FEES Per Ordinance 1198, Adopted May 7, 2023 Escrow payment. Applicants shall be required to pay a cash escrow fee as required by the Fee Schedule in this Ordinance. The escrow fee shall be used to pay any outside expenses and fees incurred by the City, including, but not limited to consultants, attorneys, planning and engineering fees or other expenses due to the application. If, at any time, the balance in the cash escrow account is depleted to less than ten percent (10%) of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Community Development Director. All expenses and fees in excess of the escrow deposit, shall be paid by the applicant to the City within thirty (30) days of final action on the matter by the City. If not paid within thirty (30) days, the account shall be deemed delinquent. Any balance remaining in the cash escrow account upon completion of the process shall be returned to the applicant after all expenses and fees thereto have been deducted, following final action by the City in the matter. Fee Escrow Application Type Lot Line Adjustment $100 Subdivision/Plat (4 lots or less) $750 Subdivision/Plat (5 or more lots) $750 $5,000 Resubdivision (Lot Split) $750 Administrative Subdivision (lot line adjustment) $500 Concept Plan Review $1,000 Park and Trail Dedication Fees Single-family residential/commercial condominium lot Estimated $2,000/unit Duplexes Estimated $1,500/unit Townhomes Estimated $1,500/unit Multifamily Estimated $1,500/unit AUAR Fees Single-Family $4,439.26/acre Multifamily/Commercial $8,878.52/acre Trunk Sewer and Water Fees Phase III Annexation $22,167.26/acre Long Lake East $12,467.53/acre Long Lake West $18,737.79/acre Middle Trunk A $7,918.66/acre Boutwell East $17,659.37/acre Boutwell West $13,646.44/acre General Zoning Applications Appeals $250 Annexation Request $2,000 Comprehensive Plan Amendment $2,500 Tax Increment Financing $10,000 Zoning Amendment – Map $2,500 Zoning Amendment – Text $1,000 Conditional Use Permit/Interim Use Permit – Use Approval (not site plan review) $250 Conditional Use Permit/Interim Use Permit (with site plan review for commercial, industrial, multifamily, environmental overlay district, neighborhood conservation overlay district and central business district $250 $1,500 Variance – Residential $150 Variance – Commercial, Industrial, Multifamily $500 2023 Fee Schedule Page 12 of 12 11/8/23 Home Occupation – Type I $250 Home Occupation – Type II & III $500 Seasonal Outdoor Sales Heritage Preservation Commission Design Review – new dwellings & structures on National Registry of Historic Places $250 Heritage Preservation Commission Design Review – additions to existing structures $100 Building Demolition Permit $500 Site Plan Review (commercial, industrial, multifamily, environmental overlay districts, central business district) $500 $1,500 Beekeeping Permit $50 (initial application only) Chicken Permit $50 (initial application only) Fence Permit $25 Sign Permit $50 Zoning Verification Letter $150 Encroachment Agreement $500 DATE: December 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement BACKGROUND The annual management agreement for the Recreation Center and Lily Lake Arena expires December 31, 2023. The facilities have been very well managed by St. Croix Caterers, Inc. since 1998 and the management fee of $35,000 per year has not risen since the beginning. All employees of the facility are employees of St. Croix Caterers and Doug Brady, the manager, does an excellent job of keeping both facilities full and sustaining the needs of the various groups. RECOMMENDATION Renew the contract for one year at the annual rate of $35,000. ACTION REQUESTED If Council wishes to implement the staff recommendation, they should pass a motion approving the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc. ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this 3rd day of January 2024 between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City"), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ("St. Croix"). WITNESSETH The City is the owner of the Lily Lake Ice Arena, 1208 Greeley Street S and the St. Croix Valley Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, one (1) outdoor ice rink and a multipurpose domed field house (collectively, the "Facilities"). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term 1.01 Commencing January 1, 2024 and continuing until December 31, 2024, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so-called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. Section 2. Responsibilities 2.01 St. Croix's Responsibilities: a. Marketing and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01(n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty-five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with a rate schedule and facility use policy established by City policy, applicable law, and in a manner to maximize the use of the Facilities so as to provide maximum revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions"). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleaning Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. g. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. j. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. l. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ("Sports Facilities Fund"). n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out, or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty-four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetings. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and/or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02. City's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark-up" for resale items such as sports equipment and food and beverages. g. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. h. Budget. Approve and/or amend the annual budget and work program as specified in Section 3.01. Section 3. Budget and Revenue Reports 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2023 and ending December 31, 2023. The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2023. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty-five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Management Fee, Additional Fees 4.01 St. Croix will be paid a fee equal to five percent (5%) of the gross revenues ("Management Fee"), not to exceed a total fee of thirty-five thousand and no/100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no/100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Payment of Management Fees Personal Services & Operating Expenses 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. Those portions of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. 6.03 The City reserves the right to contract with others to provide all or part of the concessions, and before doing so the City will meet and confer with St. Croix with regard to the nature and scope of the contract in an effort to insure that the contract is consistent with their respective interests. Section 7. Capital Improvements Equipment Repair and Maintenance 7.01 It may be desirable to consider additional capital improvements ("Additional Capital Improvements") and the purchase of additional equipment ("Additional Equipment") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City 8.01 The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation 9.01 St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records, Reports and Practices 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default, Right to Cure, Consent to Jurisdiction and Waiver of Jury Trial 11.01 It will be an event of default ("Event of Default") hereunder if either party hereto fails to pay or deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or a. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice"). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re-employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Section 13. Indemnity 13.01 St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04. Section 14. Damage to and Destruction of the Location 14.01 If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. i. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Section 15. Employees 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re-employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. §181.59, Minn. Stat. Ch. 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver 16.01 The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment 17.01 The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law 18.01 The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability 19.01 Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: If sent to the City: City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 If sent to St. Croix Catering: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On-site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Majeure 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Integration 22.01 This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF STILLWATER Ted Kozlowski, Mayor Beth Wolf, City Clerk ST. CROIX CATERERS, INC. DATE: January 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Agreement for Stillwater Parking Ramp Restoration Services DISCUSSION This past year, the City contracted with Walker Consultants (Walker) to do a condition assessment report of the parking ramp on Second Street. Walker made several recommendations in the report including to repairs to reduce water leakage in the concrete surface, repairs to reduce the corrosion induced concrete deterioration, reduce the extent of future repairs and extend the service life of the parking ramp. Walker was asked to submit a quote to prepare construction documents, assist with bidding and construction administration for these repairs. The cost of this work was estimated to be $23,630 and would be paid from the parking ramp fund. RECOMMENDATION Staff recommends entering into an agreement with Walker Consultants for the Stillwater Parking Ramp Restoration Services. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH WALKER CONSULTANTS FOR THE STILLWATER PARKING RAMP RESTORATION SERVICES. 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 2nd day of January, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Walker Consultants, 7760 France Ave S. Ste # 820, Minneapolis, MN 55435 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: Restoration Services – Parking Ramp WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services (“Services”), as defined in the following documents: i. A proposal dated 12/13/2023, incorporated herein as Exhibit A; b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. (Stillwater ~~ -' The Birthplace of Minnesota .) 2 a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Shawn Sanders, to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Michael Retterath to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. 3 a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant’s employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City’s employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers’ Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Shawn Sanders Or e-mailed: ssanders@stillwatermn.gov If to Consultant: Walker Consultants 7760 France Ave. S. Ste# 820 Minneapolis, MN 55435 Attention: Michael Retterath Or e-mailed: mretterath@walkerconsultants.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as 4 employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 5 Walker Consultants By: Its: Date: Project Description: Restoration Services – Parking Ramp Director of Restoration December 21, 2023 7760 France Avenue South, Suite 820 Minneapolis, MN 55435 952.595.9116 M:\_PROPOSAL\Proposal 2023\Stillwater, City of\2024 Restoration\2023-12-13_PROP_Resto Services_Stillwater Garage REW.docx December 13, 2023 Mr. Mick Greiner Facilities Manager City of Stillwater 216 North 4th Street Stillwater, MN 55082 Re: Proposal for Restoration Services Stillwater Public Parking Garage 200 South 2nd Street North Stillwater, Minnesota Dear Mr. Mick Greiner: Walker Consultants, Inc. (Walker) is pleased to submit for your review the proposal for Restoration Services to the City of Stillwater for the Stillwater Public Parking Garage. Walker will provide Construction Documents, and Construction Administration services for the Stillwater Public Parking Garage in Stillwater, Minnesota. The purpose of this proposal is to confirm our understanding of the project, define our scope, establish the fee, and propose a schedule. Project Understanding The Stillwater Public Parking Garage was constructed in 2008 and is a public parking facility consisting of ±190 parking structure spaces serving various user types to downtown Stillwater. The four-level parking structure is comprised of a cast-in-place post-tensioned concrete superstructure with a masonry façade. The structure is located north of the Lowell Inn Hotel and is accessed from the west from Third Street North and from the east from Second Street North. A pedestrian stair is provided at the northeast corner with a combination stair/elevator tower at the southeast corner of the facility. At this time, Walker recommends performing restoration and maintenance of the facility to ensure that it has a long-life expectancy and minimal maintenance costs. Per our condition assessment performed in 2023, we recommended a budget of $155,400 for repairing this facility, which includes a project contingency for unknown conditions of $12,900. Our scope and fee are based on performing all recommended work, providing open bidding, and providing typical construction documents and construction administration services as outlined below. WALKER CONSULTANTS Proposal for Restoration Services Prepared for City of Stillwater December 13, 2023 2 Scope of Services Construction Documents The purpose of the Construction Documents is to provide a written and graphical standard for bidding and repair purposes. 1. Schedule and attend one virtual meeting to discuss contractor requirements, and site access. 2. Provide construction drawings that will include general notes, plan sheets, defining work limits, and work task details for each type of repair. 3. Provide specifications that will include the bid form, work item and technical specifications, submittal requirements, warranty requirements, and product requirements. Walker will work with the Client to include their front-end document such as the contract, general conditions, use of premises, insurance requirements, etc. as necessary. 4. Provide a review set of Construction Documents for the Client to review and comment. Attend one teleconference to review Client comments. 5. Issue certified Construction Documents. Provide one PDF copy to owner. Bidding 1. Assist with distributing information for bidding to potential contractors. 2. Attend a pre-bid meeting at the project site. 3. Provide bidders with clarifications and interpretations of Construction Documents. 4. Prepare and issue addenda as necessary to address bidder questions. 5. Assist with bid evaluation and recommend contractor for selection. Construction Administration The purpose of the Construction Administration phase is to assist the City of Stillwater with review of construction practices, scheduling, quality standards, installation of waterproofing systems, and other concerns. We will provide services as generally described below. 1. Review material samples, submittals, and material substitution requests for conformance with the specifications. 2. Provide interpretations of the Construction Documents through RFI’s and digital photos. 3. Assist with change orders and assist Client in negotiation of a reasonable price for changes in the contractor’s scope of work, as necessary. 4. Perform site visits during construction to observe construction, verify extents of repair areas, verify surface preparation, verify completed work, and provide progress reports to Client indicating the status of work completed. We anticipate site visits from Minneapolis. One site visit will be performed to create a contractor punch list of non-compliant work. During the final site visit, Walker staff will review the completed punch list items. We anticipate performing a total of three (3) site visits during construction. WALKER CONSULTANTS WALKER CO N S ULT AN T S Proposal for Restoration Services Prepared for City of Stillwater December 13, 2023 3 Limitations As stated in the above scope of services, the assessment is based on visual observations and limited testing of the existing conditions. Our observations may not discover or disclose latent conditions without performing more invasive testing. More detailed and invasive testing can be provided by Walker as an additional service upon written request from Client. Americans with Disabilities Act A review of the facility for Building Code compliance and compliance with the Americans with Disabilities Act (ADA) requirements is not part of the scope of work. However, it should be noted that whenever significant repair, rehabilitation, or restoration is undertaken in an existing structure, ADA design requirements may become applicable if there are currently unmet ADA requirements. Schedule Scheduling of the work will be determined by mutual agreement between Walker Consultants, the City of Stillwater, contractor and upon receiving written authorization to proceed. We anticipate that that Construction Documents will require 3 weeks to prepare and coordinate to be performed during the winter of 2023 -2024. We anticipate bidding in late Winter/early Spring of 2024 with construction to occur in 2024 . Professional Fee Walker will provide the engineering services noted herein for a lump sum fee or hourly fees as indicated below, including project-related expenses such as travel, postage and courier fees, reproduction of reports, and similar project-related items. The following table provides a fee and expense breakdown: Table 1. This is the name of this table. Restoration Services Proposed Fee 1. Construction Documents (Lump Sum) $14,300 2. Construction Administration (Hourly, estimate) $ 9,100 3. Expenses (Estimate) $ 230 Total Lump Sum Fee Proposed $23,630 Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. WALKER CONSULTANTS WALKER CO N S ULT AN T S Proposal for Restoration Services Prepared for City of Stillwater December 13, 2023 4 Walker is dedicated to providing our clients with professional services that meet project requirements and deadlines. If you should have any additional questions, please do not hesitate to call or email us. Sincerely, WALKER CONSULTANTS Michael H. Retterath, P.E. Jonny M. Knoll Director of Restoration Restoration Representative Enclosures General Conditions of Agreement for Restoration Services Authorization Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this agreement for our records. City of Stillwater Authorized Signature Printed Name Title Date WALKER CONSULTANTS WALKER CO N S ULT AN T S Proposal for Restoration Services Prepared for City of Stillwater December 13, 2023 5 General Conditions of Agreement for Restoration Services Services Walker Consultants (“Walker”) will provide the Client professional services that are limited to the work described in the attached letter (the “services”). Any additional services requested will be provided at our standard hourly rates or for a mutually agreeable lump sum fee. The services are provided solely in accordance with written information and documents supplied by the Client and are limited to and furnished solely for the specific use disclosed to us in writing by the Client. No third-party beneficiary is contemplated. Payment for Services Monthly Invoices Walker will submit monthly invoices based on work completed plus reimbursable expenses. Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, communications charges, additional service consultants, and other project related expenses. Payment is due upon receipt of invoice. If for any reason the Client does not deliver payment to Walker within thirty (30) days of date of invoice, the Client agrees to pay Walker a monthly late charge of one and one -half percent (1.5%) per month of any unpaid balance of the invoice plus attorney’s fees and other costs incurred to collect the unpaid sum. Payment Method Walker’s preferred method of payment is ACH. All payments should be made electronically to: Truist Bank ABA Routing Number 021052053 Credit to the account of - Walker Consultants Account Number 79592337 Period of Service In the event that no contract administration phase services are to be provided by Walker, services shall be completed the earlier of (1) the date when final documents are accepted by the Client or (2) thirty days after final documents are delivered to the Client. If contract administration phase services are provided by Walker, services shall be complete upon the earlier of (1) the time of approval by Walker of final payment to the contractor or (2) thirty (30) days after completion of the work designed by Walker. Standard of Care Walker will perform the services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Walker makes no warranty, express or implied, as to its professional services under this agreement. WALKER CONSULTANTS WALKER CO N S ULT AN T S Proposal for Restoration Services Prepared for City of Stillwater December 13, 2023 6 Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the Client. Walker will not independently investigate the accuracy of the assumptions. Because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, Walker makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. Limitation of Liability To the maximum extent permitted by law, the Client agrees to limit Walker’s liability for the Client’s damages to the sum of $10,000 or Walker’s fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Indemnification Walker agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors, and employees (collectively, Client) against all damages or liabilities, to the extent caused by Walker’s negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom Walker is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Walker, its officers, directors, employees, and subconsultants (collectively Walker) against all damages or liabilities, to the extent caused by the Client’s negligent acts, errors, or omissions in connection with the Project as well as the acts, errors, or omissions of its contractors, subcontractors, or consultants or anyone for whom the Client is legally liable. Neither the Client nor Walker shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence or for the negligence of others. Ownership of Documents Walker shall retain ownership of all reports, drawings, plans, specifications, electronic files, field data, notes, calculations, and other documents and instruments prepared by Walker as instruments of service. Walker shall retain all common law, statutory, and other reserved rights, including, without limitation, all copyrights thereto. Any use for modifications or extensions of this work, for new projects, or for completion of this project by others without Walker’s written consent will be at the Client’s sole risk. Consequential Damages The Client and Walker waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. Dispute Resolution This Agreement shall be governed by the laws of the Commonwealth, District, or State of the office performing Walker’s services. In addition to, and as a condition precedent to litigation, the Client and Walker shall endeavor to resolve claims, disputes, and other matters in question between them by mediation, which, unless the parties WALKER CONSULTANTS WALKER CO N S ULT AN T S Proposal for Restoration Services Prepared for City of Stillwater December 13, 2023 7 mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the locality of the Walker office performing services under this Agreement. Non-Solicitation Clause The Client agrees that it will not directly or indirectly solicit for employment any Walker employee providing services on behalf of Client for a period of two years after the date of this agreement. Client agrees that a breach of this provision would have material and adverse impacts on Walker’s business and Client therefore agrees to pay Walker an amount equal to two times the annual salary of any employee of Walker who accepts a position with Client within such two-year period, in addition to all other rights and remedies available to Walker. Proprietary Information The information contained in this proposal is confidential, privileged, and only for the Client and may not be shared, published, or redistributed without prior written permission from Walker Consultants. WALKER CONSULTANTS WALKER CO N S ULT AN T S DATE: December 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Temporary Liquor License for Ascension Church BACKGROUND The Ascension Church applied for a Temporary On-Sale Liquor License to be used at their facility located at 215 4th St N on February 13, 2024. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On-Sale Liquor License to Ascension Church for February 13, 2024 contingent upon AGED approval. DATE: January 2, 2024 TO: Honorable Mayor and City Council FROM: Ben Gutknecht, Planning Manager SUBJECT: CD 2023-65 – Preliminary Plat and Final Plat: Grandview Bluff Addition BACKGROUND The City has received an Application from Brian Brosdahl for a Final Plat to facilitate the lot line reconfiguration of four existing lots. The reconfiguration accomplishes two (2) things; 1) enlarged the rear yards of two (2) lots, and 2) resolves existing property line encroachments. At the end of the process, there will be no net increase in number of lots. Three of the four lots are owned by the applicant and one lot owned by the neighbor. The primary purpose of the reconfiguration is to bring two existing structures into conformity regarding their rear yard structure setbacks and creating larger rear yards for the following two properties.  419 2nd Street South (New Lot 1, owned by Applicant)  and 322 Broadway Street South (New Lot 5, owned by Applicant) Additionally, the lot line reconfiguration cleans up some existing encroachments between the following properties. In this case, the Owners are trading equal size of property to avoid any need for monetary considerations.  322 Broadway St S (Applicant)  428 Broadway St S (Neighbor) Due to the complexity of the lot line configuration involving multiple parcels, easements, multiple property types (torrens/abstract property), etc., Staff and City Attorney agree that a Plat is necessary to complete the request. Staff would like to note that while the goal of the Plat is to reconfigure the lot lines for the four existing lots, it does create additional remnant lots to be recombined at the end of the process (due to differing property types). These lots are being created because torrens and abstract property types cannot be combined via Plat. After recording of the Plat, the applicant will combine Lot 2 with Lot 1 and Lot 4 with Lot 5 at the County. This will ensure that the end result will be four lots with no new lots of record being created (shown in the map below). All zoning and building code requirements are met. The Planning Commission also held a public hearing and adopted a resolution of approval for the Preliminary and Final Plat on December 20, 2023. The 60-day rule for the Preliminary Plat expires on February 6, 2024. Additional Plat Clarification ACTION Motion to adopt the Resolution approving Preliminary Plat and Final Plat. • Torrens Property • Abstract Property • Two New Lots D • Final Lot Lines f·--··: ....... : • Combination Symbol City of Stillwater Washington County, Minnesota RESOLUTION RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT FOR GRANDVIEW BLUFF ADDITION (Case Number CD2023-65) WHEREAS, the City of Stillwater received a Preliminary Plat and Final Plat application from Brian Brosdahl and Lee Stoerzinger (“Applicant’s”) for Properties owned by Foxx Bluff Properties (Brian Brosdahl) and Trs Agr Lee Stoerzinger (Lee Stoerzinger) at following properties;  419 2nd Street South  437 2nd Street South  322 Broadway Street South  428 Broadway Street South legally described as in Exhibit A (the “Properties”); and WHEREAS, on December 20, 2023, the Planning Commission for the City of Stillwater held a public hearing, received comment, considered the requested, and approved the Plat request; and WHEREAS, on January 2, 2023, the City Council for the City of Stillwater held a public hearing, received comment, and considered the request. NOW THEREFORE BE IT RESOLVED that the City Council for the City of Stillwater hereby approves the preliminary and final plat of Grandview Bluff Addition, with the following Conditions of Approval: 1. Review and Approval by the City Engineer. 2. Plat must be recorded at the County no later than December 31, 2024. 3. A shared driveway agreement must be recorded for the shared access of 419 2nd Street South and 322 Broadway Street South. 4. Lot 1 and Lot 2 must be combined into one tax parcel and Lot 4 and Lot 5 must be combined into one tax parcel after recording of the Plat. Adopted by the City Council this 2nd day of January, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: ______________ Beth Wolf, City Clerk EXHIBIT A Legal Description of the Applicant’s Properties Situs Address: 419 2nd Street South Parcel ID: 28-030-20-44-0104 Abstract Property Type All that part of Lots 21, 22, 23, and 24, of Block 29, Original Town (now City) of Stillwater, Washington County, Minnesota, described as follows to wit: Commencing at the Southwest corner of said Lot Twenty one (21), running thence Northerly on the East line of Section Street to the Northwest corner of said Lot Twenty one (21); thence Northerly on the East line of said Second Street Fifty (50) feet; thence Easterly on a line parallel with the North line of said Lot Twenty one (21) Seventy Five (75) feet; thence Southerly on a line parallel with the East line of said Second Street to the South line of said Lot Twenty one (21); thence Westerly on the South line of said Lot Twenty one (21) to the place of beginning Situs Address: 437 2nd Street South Parcel ID: 28-030-20-44-0023 Torrens Property Type Lots Seventeen (17), Eighteen (18). Nineteen (19) and Twenty (20), in Block Twenty-nine (29) of the ORIGINAL TOWN (NOW CITY) OF STILLWATER. "AS AMENDED BY MYRONS SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER DATED MAY 21, 1878" Situs Address: 322 Broadway Street South Parcel ID: 28-030-20-44-0103 Abstract Property Type All that part of Lots 21 and 22 and 23 in Block 29 of Stillwater, contained within the following bounds, to-wit: Beginning at the Northwest corner of Lot 11 in said Block 29, and running from thence Westerly on a line parallel to and 50 feet distant from the South line of lot 22 in said Block 29, 75 feet to a point; thence Southerly on a line parallel to the East line of of Second Street, 100 feet more or less, to the South line of Lot 21, aforesaid, thence Easterly on the South line of said Lot 21 to the Southwest corner thereof, thence Northerly on the East line of said Lots 21 and 22, 100 feet, more or less to the place of beginning. Also all of Lot 11 and that part of Lot 12 in said Block 29 described as follows; Beginning at a point on the West line of Broadway 5 feet Northerly from the Southeast corner of the aforesaid Lot 12, thence running northerly on the West line of Broadway, 45 feet more or less, to the Northeast corner of said Lot 12; thence Westerly on the line dividing Lots 11 and 12 said Block 29 to the Northwest corner of said Lot 12, thence southerly on the line dividing Lots 12 and 21 said Block 29, 10 feet; thence in a Southeasterly direction and on the North line of that portion of said-Lot 12 heretofore sold-and conveyed to one C.A. Bromley, to the point of beginning. 3 Situs Address: 428 Broadway Street South Parcel ID: 28-030-20-44-0020 Abstract Property Type Lot 13 and all that part of Lot 12, described as follows: Beginning at the Northeasterly corner of said Lot 13, running thence Northerly along the West line of Broadway, 5 feet; thence on a curve of 234 % feet radius with the convexity toward the North to a point 40 feet Northerly from the Northwest corner of said Lot 13 and in a line with the West line of the said Lot extended; thence Southerly 40 feet, to the Northwest corner of said Lot 13 thence Easterly along the Northerly line of said Lot 13 to the place of beginning, all of said lots being in Block 29 of the Original Town (now City) of Stillwater, Washington County, Minnesota. µ 0 100 20050Feet General Site Location Site Locations 437 2nd Street S.,419 2nd Street S., 322 Broadway Street S., and 428 Broadway Street S. ^ The Bir thplace of M. ' 1n nesota J µ 0 100 20050Feet General Site Location Site Locations 437 2nd Street S.,419 2nd Street S., 322 Broadway Street S., and 428 Broadway Street S. ^ illwater ......, ~ The Bir thp lace of Minnesota 1O 5 T + *5$1'9,(: BL8)) $'',T,O1 6C$L( ,1 )((T 1O5T+ 6C$L( 1 ,1C+ 25 )((T 25 5 6XLWH 2 1 1RUWKZHVWHUQ $YH 6WLOOZDWHU 01 552 3KRQH 651256 GDQ#FVVXUYH\ QHW \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I I I I \ / I ·o 0 %, G \ ,--\ ,-' '_, -~---\ '" -',> \ \ \ \ \ \ \ \ ----- \ \ \ ------- \ \ \ ------- \ ' -, \ ,J 5 1/4 CORNcR Of-ScC. 2B, T30, R20, WASHINGTON - COUNf'f CAST IRON MONUMENT / / LOT! ------- ' . ' -' " \ 1,' . ' ' ' 1" ~ /-_.\I - ' , -'' -, : / ' ~ '_ 1_1 -'<'-' LOT 2 I '' ' I ~ ~ -- ,1s.oo 0~sc-1 / / / / / , ' , ; . ,-I ' • ,. ',: : ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- \ LOT4 BLOCK I ------- ------- ------- ------- LOT3 ------- ------- ------- ------- ---, -' '' ' ' , , LOTS ------- ------- ------- ------- ' ---, , ' ' ' : ' -, ,, -,-'' --: '' ' '' , , ' - Ss1 •7 /'34 "E 27_73 -------.' ------- ------- ------- ------- ------- ------- ------- ------- ------- , ( ' -' I ' I '-I ------- ' ' ' 1 ,' .. '' ' -',1'~ I ' ' , ' I ,, -' ------- ------- ------- ------- ------- LOT 6 ------- ------- ------- ------- ------- --- 1 \ \ --: ' ' ' ' \ ' -· ' - \ ------- ------- ------- ------- -------C.BRc ·=S7s 0 R= I 259 54 '5.J"E <J=4•33•·89 '' -, I t' I ' -, ------- ------- 22· h100. 19 ------- ------- ------- ------- ------- ------- ------- ------- \ \ \ ------- \ ) ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- \ \ \ \ \ \ \ \ \ \ \ -------\ ------- ------- \ \ \ \ \ \ ------- "' 0 \ \ \ j ------- ------- ------- ------- 2102.76 ,' ,\ ,-' I ',I "' 0 ------- ------- ------- ------- ------- _, I -' ' ~-,'), ~ ,I ,. ------- ------- ------- -----..:J.--- 2673.47 N89°38'JO"E 570. 71 ..-----1,-~ -----------------------'I --•i -------\ \ \ ------- I ~----SE' CORNE'R Of-SEcC. 2B, T30, R20, DRILL HOLE IN CONCRcTE ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- \ \ \ ------- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ (NOT TO SCALE) • (1395.68 DfSC.) I VICINITY MAP • Ee. PINEc ST. SECTION 28, TOWNSHIP 30 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, MINNESOTA THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE SOUTH LINE OF BLOCK 29, ORIGINAL TOWN (NOW CITY) OF STILLWATER WHICH IS ASSUMED TO HAVE THE BEARING OF N72°26'13"E. DENOTES FOUND 1 /2 INCH IRON PIPE MARKED RLS 13774 UNLESS OTHERWISE SHOWN. DENOTES DIMENSIONS AS RECITED IN THE LEGAL DESCRIPTION CORNERSTONE LAND SURVEYING, INC. SHEET 2 OF 2 SHEETS KNOW ALL PERSONS BY THESE PRESENTS: That FOXX BLUFF PROPERTIES LLC, a Limited Liability Company under the laws of South Dakota, fee owner of the following described property situated in the County of Washington, State of Minnesota, to wit: All that part of Lots 21, 22, 23, and 24, of Block 29, Original Town (now City) of Stillwater, Washington County, Minnesota, described as follows to wit: Commencing at the Southwest corner of said Lot Twenty one (21), running thence Northerly on the East line of Section Street to the Northwest corner of said Lot Twenty one (21); thence Northerly on the East line of said Second Street Fifty (50) feet; thence Easterly on a line parallel with the North line of said Lot Twenty one (21) Seventy Five (75) feet; thence Southerly on a line parallel with the East line of said Second Street to the South line of said Lot Twenty one (21); thence Westerly on the South line of said Lot Twenty one (21) to the place of beginning. and All that part of Lots 21 and 22 and 23 in Block 29 of Stillwater, contained within the following bounds, to-wit: Beginning at the Northwest corner of Lot 11 in said Block 29, and running from thence Westerly on a line parallel to and 50 feet distant from the South line of lot 22 in said Block 29, 75 feet to a point; thence Southerly on a line parallel to the East line of of Second Street, 100 feet more or less, to the South line of Lot 21, aforesaid, thence Easterly on the South line of said Lot 21 to the Southwest corner thereof, thence Northerly on the East line of said Lots 21 and 22, 100 feet, more or less to the place of beginning. Also all of Lot 11 and that part of Lot 12 in said Block 29 described as follows; Beginning at a point on the West line of Broadway 5 feet Northerly from the Southeast corner of the aforesaid Lot 12, thence running northerly on the West line of Broadway, 45 feet more or less, to the Northeast corner of said Lot 12; thence Westerly on the line dividing Lots 11 and 12 said Block 29 to the Northwest corner of said Lot 12, thence southerly on the line dividing Lots 12 and 21 said Block 29, 10 feet; thence in a Southeasterly direction and on the North line of that portion of said Lot 12 heretofore sold and conveyed to one C.A. Bromley, to the point of beginning. and Lots Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20), in Block Twenty-nine (29) of the ORIGINAL TOWN (NOW CITY) OF STILLWATER, "AS AMENDED BY MYRONS SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER DATED MAY 21, 1878", Washington County, Minnesota. - Certificate of Titl3e No. 77515 and that Lee Thomas Stoerzinger, as Trustee of the Trust Agreement of Lee Stoerzinger, dated March 29, 2016, as hereafter amended, fee owner and of the following described property situated in the County of Washington, State of Minnesota, to wit: Lot 13 and all that part of Lot 12, described as follows: Beginning at the Northeasterly corner of said Lot 13, running thence Northerly along the West line of Broadway, 5 feet; thence on a curve of 234.5 feet radius with the convexity toward the North to a point 40 feet Northerly from the Northwest corner of said Lot 13 and in a line with the West line of the said Lot extended; thence Southerly 40 feet, to the Northwest corner of said Lot 13; thence Easterly along the Northerly line of said Lot 13 to the place of beginning, all of said lots being in Block 29 of the Original Town (now City) of Stillwater, Washington County, Minnesota. Have caused the same to be surveyed and platted as GRANDVIEW BLUFF ADDITION. PLANNING AND ZONING COMMISSION OF THE CITY OF STILLWATER The foregoing plat of GRANDVIEW BLUFF ADDITION was approved and accepted by the Planning and Zoning Commission of the City of Stillwater, Minnesota, this _________day of__________________, 202____. By ______________________________________ its Chairperson By________________________________________ its Secretary CITY COUNCIL OF THE CITY OF STILLWATER This plat of GRANDVIEW BLUFF ADDITION was approved by the City Council of the City of Stillwater, Minnesota, this _________day of__________________, 202___ and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2 By _____________________________________, Mayor By____________________________________________, Clerk WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this _______ day of ______________, 202_____. By _______________________________________ Washington County Surveyor By ________________________________________ WASHINGTON COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 202___, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered, on this _________ day of ________________ 202_____. By ________________________________Washington County Auditor/Treasurer By ________________________________________ Deputy WASHINGTON COUNTY RECORDER Document Number ___________________ I hereby certify that this instrument was recorded in the Office of the County Recorder for record on this _______ day of __________________, 202___, at __________________ o'clock ____. M., and was duly recorded in Washington County Records. By________________________________________________ Washington County Recorder By ____________________________________________ Deputy WASHINGTON COUNTY REGISTRAR OF TITLES Document Number ___________________ I hereby certify that this instrument was recorded in the Office of the Registrar of Titles for record on this _______ day of _____________, 202___, at ____ o'clock ____. M., and was duly recorded in Washington County Records. By_________________________________ Washington County Registrar of Titles By _______________________________ Deputy GRANDVIEW BLUFF ADDITION In witness whereof said FOXX BLUFF PROPERTIES LLC, a Limited Liability Company under the laws of South Dakota, has caused these presents to be signed by its proper officer this ___________ day of _____________________ , 20______. SIGNED: FOXX BLUFF PROPERTIES LLC, By ________________________________________________ , Its Managing Member Brian C. Brosdahl STATE OF ____________________ COUNTY OF _________________ The foregoing instrument by Brian C. Brosdahl, Its Managing Member, was acknowledged before me on this _______ day of ______________, 202___. _______________________ (signature) _______________________ (print) Notary Public ________________ County, Minnesota My Commission Expires January 31, 202___. In witness whereof said Lee Thomas Stoerzinger, as Trustee of the Trust Agreement of Lee Stoerzinger, dated March 29, 2016, as hereafter amended, has hereunto set his hand this ___________ day of _____________________ , 20______. By ________________________________________________ , as Trustee Lee Thomas Stoerzinger STATE OF ____________________ COUNTY OF _________________ The foregoing instrument by Lee Thomas Stoerzinger, as Trustee of the Trust Agreement of Lee Stoerzinger, dated March 29, 2016, as hereafter amended, was acknowledged before me on this _______ day of ______________, 202___. ________________________ (signature) ________________________ (print) Notary Public ________________ County, Minnesota My Commission Expires January 31, 202___. I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted or directly supervised the surveying and platting of the property described on this plat as GRAND VIEW BLUFF ADDITION; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on the plat have been correctly set; that all water boundaries and wet lands as of this date, as defined in Minnesota Statutes Section 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled on this plat. Dated this _________ day of ___________________, 202___. __________________________________________ Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 25718 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was acknowledged before me on this _________ day of ___________________, 202___, by Daniel L. Thurmes, Licensed Land Surveyor. ____________________________________________ (signature) ____________________________________________ (print) Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2025 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net + CORNERSTONE LAND SURVEYING, INC. SHEET 1 OF 2 SHEETS 1O 5 T + *5$1'9,(: BL8)) $'',T,O1 6C$L( ,1 )((T 1O5T+ 6C$L( 1 ,1C+ 25 )((T 25 5 6XLWH 2 1 1RUWKZHVWHUQ $YH 6WLOOZDWHU 01 552 3KRQH 651256 GDQ#FVVXUYH\ QHW \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I I I I \ / I ·o 0 %, G \ ,--\ ,-' '_, -~---\ '" -',> \ \ \ \ \ \ \ \ ----- \ \ \ ------- \ \ \ ------- \ ' -, \ ,J 5 1/4 CORNcR Of-ScC. 2B, T30, R20, WASHINGTON - COUNf'f CAST IRON MONUMENT / / LOT! ------- ' . ' -' " \ 1,' . ' ' ' 1" ~ /-_.\I - ' , -'' -, : / ' ~ '_ 1_1 -'<'-' LOT 2 I '' ' I ~ ~ -- ,1s.oo 0~sc-1 / / / / / , ' , ; . ,-I ' • ,. ',: : ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- \ LOT4 BLOCK I ------- ------- ------- ------- LOT3 ------- ------- ------- ------- ---, -' '' ' ' , , LOTS ------- ------- ------- ------- ' ---, , ' ' ' : ' -, ,, -,-'' --: '' ' '' , , ' - Ss1 •7 /'34 "E 27_73 -------.' ------- ------- ------- ------- ------- ------- ------- ------- ------- , ( ' -' I ' I '-I ------- ' ' ' 1 ,' .. '' ' -',1'~ I ' ' , ' I ,, -' ------- ------- ------- ------- ------- LOT 6 ------- ------- ------- ------- ------- --- 1 \ \ --: ' ' ' ' \ ' -· ' - \ ------- ------- ------- ------- -------C.BRc ·=S7s 0 R= I 259 54 '5.J"E <J=4•33•·89 '' -, I t' I ' -, ------- ------- 22· h100. 19 ------- ------- ------- ------- ------- ------- ------- ------- \ \ \ ------- \ ) ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- \ \ \ \ \ \ \ \ \ \ \ -------\ ------- ------- \ \ \ \ \ \ ------- "' 0 \ \ \ j ------- ------- ------- ------- 2102.76 ,' ,\ ,-' I ',I "' 0 ------- ------- ------- ------- ------- _, I -' ' ~-,'), ~ ,I ,. ------- ------- ------- -----..:J.--- 2673.47 N89°38'JO"E 570. 71 ..-----1,-~ -----------------------'I --•i -------\ \ \ ------- I ~----SE' CORNE'R Of-SEcC. 2B, T30, R20, DRILL HOLE IN CONCRcTE ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- \ \ \ ------- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ (NOT TO SCALE) • (1395.68 DfSC.) I VICINITY MAP • Ee. PINEc ST. SECTION 28, TOWNSHIP 30 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, MINNESOTA THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE SOUTH LINE OF BLOCK 29, ORIGINAL TOWN (NOW CITY) OF STILLWATER WHICH IS ASSUMED TO HAVE THE BEARING OF N72°26'13"E. DENOTES FOUND 1 /2 INCH IRON PIPE MARKED RLS 13774 UNLESS OTHERWISE SHOWN. DENOTES DIMENSIONS AS RECITED IN THE LEGAL DESCRIPTION CORNERSTONE LAND SURVEYING, INC. SHEET 2 OF 2 SHEETS DATE: December 27, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: 2024 Council Representative Appointments BACKGROUND Each year the Council reviews and appoints a Council representative(s) to various boards and commissions. Listed below are the current 2023 representatives. Board/Commission Representative Convention & Visitors Bureau Councilmember Polehna Downtown Parking Commission Councilmember Junker Fire Relief Association Councilmember Collins and Councilmember Polehna Heritage Preservation Commission Councilmember Junker Human Rights Commission Councilmember Polehna Joint Cable Commission Councilmember Odebrecht Lake Elmo Airport Advisory Commission Mayor Kozlowski Alternate: Community Development Director Library Board of Trustees Councilmember Collins Middle St. Croix Watershed Management Councilmember Collins Alternate: Councilmember Polehna Parks & Recreation Commission Councilmember Polehna Planning Commission Councilmember Odebrecht Utilities Commission Councilmember Polehna ACTION REQUIRED Determine 2024 assignments for members of Council and once determined, Council should pass a motion to adopt a resolution designating Council Representatives for 2024 Boards and Commissions. City of Stillwater Washington County, Minnesota RESOLUTION 2024- DESIGNATION OF COUNCIL REPRESENTATIVES FOR 2024 BOARDS AND COMMISSIONS NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the 2024 Council Representatives/Liaison for City Boards and Commissions are as follows: BOARD/COMMISSION COUNCILMEMBER Convention & Visitors Bureau Councilmember Polehna Downtown Parking Commission Councilmember Junker Fire Relief Association Councilmember Collins Councilmember Polehna Heritage Preservation Commission Councilmember Junker Human Rights Commission Councilmember Polehna Joint Cable Commission Councilmember Odebrecht Lake Elmo Airport Advisory Commission Mayor Kozlowski Alternate: Community Development Director Library Board of Trustees Councilmember Collins Middle St. Croix Watershed Management Councilmember Collins Alternate: Councilmember Polehna Parks & Recreation Commission Councilmember Polehna Planning Commission Councilmember Odebrecht Utilities Commission Councilmember Polehna Adopted by the Stillwater City Council this 2nd day of January, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: ______________ __________ Beth Wolf, City Clerk DATE: December 27, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: 2024 Vice Mayor Appointment BACKGROUND As required by City Charter, Article VI, Section 6.02, the Council must elect one of the members to be vice mayor who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. ACTION REQUIRED Elect a vice mayor and adopt a resolution designating council vice-mayor for 2024. City of Stillwater Washington County, Minnesota RESOLUTION 2024- DESIGNATING COUNCIL VICE MAYOR FOR 2024 WHEREAS, Article VI, Section 6.02 of the Stillwater City Charter states the Council shall elect one of its members to be vice-mayor; and WHEREAS, on January 2, 2024 the Council held such an election; and WHEREAS, Councilmember Michael Polehna was elected by unanimous vote as Vice Mayor. BE IT RESOLVED by the City Council of Stillwater, Minnesota, that Councilmember Michael Polehna is hereby designated a Council Vice Mayor. Adopted by the Stillwater City Council this 2nd day of January, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: December 28, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: VOTER Fund Allocation Memorandum of Understanding DISCUSSION The 2023 Legislature established the Voting Operations, Technology, and Election Resources (VOTER) Account. This account allocates $1.25 million to the MN Office of the Secretary of State (OSS) annually to be distributed to counties. Counties then distribute allocated funds to municipalities by December 31st of each year. In accordance with state statute, Washington County will distribute funds using the following formula: •50 percent to the County •25 percent to the County for administering absentee voting •25 percent to the Municipality in proportion to each municipality’s share of registered voters in the county on May 1 for the most recent statewide general election. VOTER account funds can be used for any purpose that is directly related to election administration. The City of Stillwater’s allocation would be $1,033.17. The funds are required to be in a separate account and annual reporting of how the money was spent is required to be sent to OSS. Washington County is requesting municipalities to designate whether they will opt in or opt out of receiving their allocation and enter into a memorandum of understanding (MOU) on such decision. Both MOU’s are attached. RECOMMENDATION Staff recommends Council enter into an MOU to opt out of the VOTER account since the City’s portion is not significiant enough to maintain a separate fund account, and Washington County performs the majority of the election administration. ACTION REQUESTED Council should determine whether to opt in or opt out of the allocation of VOTER account funds and pass a motion to enter into a MOU between Washington County and City of Stillwater on its decision. Memorandum of Understanding to Opt In for the Voting Operations, Technology, and Election Resources Account between Washington County and (Municipality Name) This memorandum is to document the agreement made between Washington County, hereinafter called “County” and (Municipality), hereinafter called “Municipality” in regard to the Voting Operations, Technology, & Election Resources Account, hereinafter called “VOTER account.” Purpose The purpose of this MOU is to establish the allocation distribution formula and clearly identify the roles and responsibilities of each party as related to the VOTER account. Background Under Minnesota Laws 2023, Chapter 62, Article 4, section 6, the Voting Operations, Technology, and Election Resources (VOTER) Account was established requiring the Office of the Secretary of State, hereinafter called “OSS”, to distribute funds to each county as prescribed. Funds will be allocated to the County annually by July 20 of each year until the law is amended by the legislature. VOTER account funds can be used for any purpose that is directly related to election administration. Minnesota Statute 5.305 includes the following categories: 1) equipment; 2) hardware or software; 3) cybersecurity; 4) security-related infrastructure; 5) capital improvements to improve polling places for individuals with disabilities; 6) staff costs for election administrators, election judges, and other election officials; 7) printing and publication; 8) postage; 9) programming; 10) local match for state or federal funds; and 11) any other purpose directly related to election administration. Allocation The Municipality will receive allocation of the VOTER account funds and agrees to the requirements as defined in Minnesota Statutes section 5.305 and stated in this memorandum. Allocation Distribution Formula The VOTER account funds will be distributed using this formula: • 50 percent to the County • 25 percent to the County for administering absentee voting • 25 percent to the Municipality in proportion to each municipality’s share of registered voters in the county on May 1 for the most recent statewide general election. Roles and Responsibilities The County and Municipality agree to the following roles and responsibilities: County: • Segregate funds in a county election funding account. • Maintain the funds in the segregated account until spent for any authorized purposes. •Disburse funds to municipalities by December 31 according to the agreed upon allocation as stated in this memorandum •Provide any required information to OSS by December 31 of each year to meet reporting requirements outlined in statute for all funds expended for each calendar. Municipality •Segregate the funds in a municipal election funding account. •Maintain the funds in the segregated account until spent for any authorized purposes. •Provide the County with the data necessary to meet the reporting requirements outlined in statute by December 15 of each year. This agreement is effective as of the last date of the signatures below and shall remain in effect and renew annually until the County or Municipality notifies the other party in writing of its desire to terminate the agreement. Signatures ________________________________________ ____________________________ County Signature Date ________________________________________ ____________________________ Municipal Signature Date Attest:_________________________________ Beth Wolf, City Clerk ___________________________ Date Ted Kozlowski, Mayor Memorandum of Understanding to Opt Out for the Voting Operations, Technology, and Election Resources Account between Washington County and (Municipality Name) This memorandum is to document the agreement made between Washington County, hereinafter called “County” and (Municipality), hereinafter called “Municipality” in regard to the Voting Operations, Technology, and Election Resources Account, hereinafter called “VOTER account.” Purpose The purpose of this MOU is to establish the allocation distribution formula and clearly identify the roles and responsibilities of each party as related to the VOTER account. Background Under Minnesota Laws 2023, Chapter 62, Article 4, section 6, the Voting Operations, Technology, and Election Resources (VOTER) Account was established requiring the Office of the Secretary of State, hereinafter called “OSS”, to distribute funds to each county as prescribed. Funds will be allocated to the County annually by July 20 of each year until the law is amended by the legislature. VOTER account funds can be used for any purpose that is directly related to election administration. Minnesota Statute 5.305 includes the following categories: 1) equipment; 2) hardware or software; 3) cybersecurity; 4) security-related infrastructure; 5) capital improvements to improve polling places for individuals with disabilities; 6) staff costs for election administrators, election judges, and other election officials; 7) printing and publication; 8) postage; 9) programming; 10) local match for state or federal funds; and 11) any other purpose directly related to election administration. Allocation The Municipality agrees to receive no direct allocation of the VOTER account funds. The Municipality’s allocation amount will instead be retained by the County for qualifying expenditures of the County and Municipality as defined in Minnesota Statutes section 5.305 and stated in this memorandum. Allocation Distribution Formula The VOTER account funds will be distributed using this formula annually: • 50 percent to the County • 25 percent to the County for administering absentee voting • 25 percent to the Municipality in proportion to each municipality’s share of registered voters in the county on May 1 for the most recent statewide general election. Roles and Responsibilities The County and Municipality agree to the following roles and responsibilities: County: • Segregate funds in a county election funding account. •Maintain the funds in the segregated account until spent for any authorized purposes. •Provide any required information to OSS by December 31 of each year to meet reporting requirements outlined in statute for all funds expended for each calendar. •This agreement is effective as of the last date of the signatures below and shall remain in effect until the County or Municipality notifies the other party in writing of its desire to terminate the agreement. ____________________________ Date ____________________________ Signatures ________________________________________ County Signature _______________________________________ Municipal Signature Date Attest:_________________________________ ____________________________ Beth Wolf, City Clerk Date Ted Kozlowski, Mayor Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer A.Approval of the December 12, 2023, and December 19, 2023, County Board meeting minutes. B.Approve 2024 Memorial Day appropriations of $100 each, upon request, for military service organizations. C.Approve revisions to Policy #6008 regarding a general expense allowance and approval to delete Policy #6010. D.Approval to appoint Karen Keller to the Community Corrections Advisory Board as a District 1 representative to a first term beginning January 1, 2024, and expiring December 31, 2026. E.Approval to reappoint Faith Myers to the Mental Health Local Advisory Committee as a Consumer Representative to a third term beginning January 1, 2024, and expiring December 31, 2026. F.Approve Grant Agreement No. 16115, Response Sustainability Grant, with the Minnesota Department of Health for the amount of $211,637.52 annually, starting January 2024, through June 30, 2027. 1. 9:00 Roll Call Pledge of Allegiance 2.Election of 2024 County Board Chair 3.Election of 2024 County Board Vice Chair 4.Recognition of the Outgoing 2023 Board Chair Set Board Meeting Dates for 2024 A.Approval of 2024 County Board Meeting Dates. 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. BOARD AGENDA January 2, 2024 - 9:00 AM 7. 9:35 5. 9:20 6. 9:25 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 Consent Calendar continued G.Approve Grant Agreement No. 16103 with the Minnesota Department of Human Services in the amount of $387,244, for Child and Teen Checkup Administrative Services for the period of January 1, 2024, through December 31, 2026. H.Approve Contract No. 16080 with Washington Conservation District in the amount of $291,200, for the period of January 1, 2024, through December 31, 2024. I.Amend Option Agreement to initialize the acquisition of Phase I within the Option Agreement to purchase approximately 240 acres of vacant land in the southeast quadrant of 170th Street and Manning Avenue in May Township for inclusion into Big Marine Park Reserve. J.Approve Amendment No. 2 to Land Lease Agreement for Hugo Yard Waste Collection Site. K.Approve Amendment No. 2 to Cooperative Agreement for Hugo Yard Waste Collection Site with the City of Hugo. L.Adopt a resolution authorizing the Washington County Sheriff's Office to accept a donation in the amount of $1,500 from Derrick Companies in New Richmond, Wisconsin. 8. 9:35 Human Resources - Paula Graff, Deputy Director A. Approve the 2024-2025 Tentative Agreements with AFSCME Exempt and Non-Exempt Unions. B. Approve the Tentative Agreement with the Association of Supervisors for 2024-2025. C. Approve wage and benefit increases for the county's non-represented employees that follow the pattern for the county's unionized employees. 9. 9:50 10. 10:10 11.10:25 12.10:25 13.10:30 General Administration - Kevin Corbid, County Administrator A. Adoption of Washington County's 2024 Legislative Platform. 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 Board Workshop with Public Works A. Review and discuss the impact of authorizing pets in campgrounds. Washington ; 2;County