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HomeMy WebLinkAbout2024-02-06 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov REVISED AGENDA CITY COUNCIL MEETING February 6, 2024 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. 2024 Legislative Agenda 2. Human Rights Commission Childcare Survey 3. City Monument Review 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. 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 13. Certificate of Retirement for Chris Felsch, Police Investigative Sergeant – Resolution 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. 14. January 16, 2024 Regular Meeting Minutes 15. Payment of Bills 16. Downtown Parking Commission Appointment 17. Earned Sick and Safe Time Policy Revision – Resolution 18. Election Judge Appointments for 2024 Presidential Nomination Primary Election – Resolution 19. Employee Assistance Program Services Renewal 20. Parking Permit Module Agreement with Passport Labs 21. Parking Reservation for Biercycle Adventures – Resolution 22. Parking Reservation for Stillwater Trolley – Resolution 23. Preventative Maintenance Services Agreement with MK Mechanical 24. Public Works Purchase Request for New Loader with Plow and Wing 25. Rolloff Haulers License for Gene’s Disposal Service Inc. ~ ii/water ~, ~ Th e Birthplace of Minnesota J Page 2 of 2 City Council Meeting Agenda February 6, 2024 26. Street Right of Way Vacation Amendment – Resolution 27. Waste Management Contract Amendment for Yard Waste Collection 28. Short Term Home Rental License for 239 Nelson St E XII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 29. 2024 Street Improvement Project Feasibility Report and Public Hearing to Consider Street and Utility Improvements – 2 Resolutions XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 30. CBD Establishment License for Stillwater Smoke Shop Plus – Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING February 6, 2024 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. 2024 Legislative Agenda 2. Human Rights Commission Childcare Survey 3. City Monument Review 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. 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 13. Certificate of Retirement for Chris Felsch, Police Investigative Sergeant – Resolution 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. 14. January 16, 2024 Regular Meeting Minutes 15. Payment of Bills 16. Downtown Parking Commission Appointment 17. Earned Sick and Safe Time Policy Revision – Resolution 18. Election Judge Appointments for 2024 Presidential Nomination Primary Election – Resolution 19. Employee Assistance Program Services Renewal 20. Parking Permit Module Agreement with Passport Labs 21. Parking Reservation for Biercycle Adventures – Resolution 22. Parking Reservation for Stillwater Trolley – Resolution 23. Preventative Maintenance Services Agreement with MK Mechanical 24. Public Works Purchase Request for New Loader with Plow and Wing 25. Rolloff Haulers License for Gene’s Disposal Service Inc. ~ ii/water ~, ~ Th e Birthplace of Minnesota J Page 2 of 2 City Council Meeting Agenda February 6, 2024 26. Street Right of Way Vacation Amendment – Resolution 27. Waste Management Contract Amendment for Yard Waste Collection XII. PULIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 28. 2024 Street Improvement Project Feasibility Report and Public Hearing to Consider Street and Utility Improvements – 2 Resolutions XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 29. CBD Establishment License for Stillwater Smoke Shop Plus – Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT   DATE: February 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: City of Stillwater Legislative Agenda BACKGROUND: Ann Lenczewski from Lockridge Grindal Nauen will be in attendance. Development of a City Legislative agenda for the current State Legislative session is an ongoing initiative of the City’s Strategic Plan. The League of Minnesota Cities (LMC) and the Metro Cities organizations will consider adoption of extensive Legislative Policies to guide lobbying efforts at the Capitol for the upcoming 2024 state legislative session. An overview of the League’s Legislative Priorities is attached. The City of Stillwater generally has more specific concerns regarding potential state legislation/state funding requests that would assist the City of Stillwater. There are often individual projects, such as those noted below, that would benefit from state assistance or unique situations requiring support of the City’s area legislators in order to gain state legislative approval for the project or situation. CITY OF STILLWATER – 2024 LEGISLATIVE AGENDA ITEMS Policy & Finance/Economic Development -Sales Tax Exemption on Municipal Purchase of Goods and Services -Building Code Update on occupancy/change of occupancy for investment properties Capital Improvements -Myrtle Street Reconstruction -Washington Avenue intersection -Recreation Center Expansion Other Major Legislative Issues (in concert with Professional Organizations) -Changes to Building Codes – oppose loss of local control ATTACHMENTS League’s 2024 Legislative Priorities LEAGUE OF MINNESOTA CITIES 2024 LEG I SLATIVE PRIORIT I ES 0 MinnesotaCities #MnCities 0 MinnesotaClties A League of The League of Minnesota Cities promotes excellence in local government through effective advocacy, expert analysis, and trusted guidance for all 855 Minnesota cities. W Minnesota Cities Adult-Use Cannabis Legislation should be responsive to the needs of cities as they arise from the 1mplementat1on of the adult-use cannabis industry including providing adequate funding through the Local Government Cannabis Aid fund . The League supports efforts that would increase discretion and local authority. Employment Issues The League supports clarifying the Earned Sick and Safe Time law regarding applicability to paid on-call firefighters, public sector part-time EMS personnel, and other unique positions. The League also supports preserving inherent managerial rights for public employers to make decisions regarding budget, personnel, and appropriate levels of public service. Local Control The League will oppose legislation that erodes local control in cities across Minnesota. Sales Tax Exemption on Construction Materials The League supports leg1 s lat1on to streamline the process required for cities to secure the sales tax exemption on construction materia Is . Bonding The League supports a substantia l bonding bill that includes appropr1at1ons for municipal water and wastewater infrastructure , local roads and bridges. housing, the local road wetland replacement fund, flood hazard mitigation. and dam repair and removal projects . Housing The League seeks to build on the historic level of housing funding passed in 2023 and ensure successful implementation of new programs. The League a lso seeks to advance policy that builds on the state-local partnership and allows broader authority for cities to address their loca lly-identified housing needs while ensuring that local decision-making authority on zoning and land use remains. Local Sales Taxes The League supports a change in law to generally allow cities to enact a local sales tax for public improvements and capital replacement costs without requiring a special law authorization. School Resource Officers (SROs) The League calls on the legislature and governor to work with stakeho lders including law enforcement, local government, and education organizations to clarify laws perta ining to the authority SROs have in schools. Emergency Medical Services (EMS) The League supports the work of the EMS Delivery and Sustainability Task Force and will engage in the work of the Minnesota Legislature's Joint Task Force on EMS. The League will advocate for funding and policy solutions that recognize different EMS models and support EMS statewide. Local Government Aid (LGA) The League is thankful for the significant LGA changes passed into law in 2023 and supports allowing annual increases to LGA to keep pace with rising costs due to inflationary pressures on city budgets . Public Safety Duty Disability The League will seek ongoing state funding for measures related to injury prevention, treatment, and employer reimbursements. The League will oppose efforts to expand conditions presumed to be work-related for workers' compensation purposes. Water and Wastewater Infrastructure and Policies The League supports the state providing the technical and financial resources needed for municipal drinking water, stormwater, and wastewater • systems. ~ Childcare Affordability Fact-Finding Study Proposal Presented to the Stillwater City Council by members of the Human Rights Commission 6 February 2024 Affordable childcare is a persistent problem in the U.S. & MN Affordable childcare defined by the U.S. Dept. of HHS as 7% of your income In Minnesota, childcare costs 14% of median income (married couple with 2 children)1,2 1https://www.childcareaware.org/catalyzing-growth-using-data-to-change-child-care-2022/#PriceofCare 2https://www.gobankingrates.com/money/economy/states-where-child-care-most-least-affordable/ o Washington Co. Child Care Assistance Program administered via Anoka Co. Community Action Program Stillwater Head Start Centers (including here in Stillwater @ New Heights School) Early Learning scholarships o Other resources3 o Elibility requirements must be met o Why is there still a subset of people who feel childcare is too costly for them? 3https://mn.gov/dhs/people-we-serve/children-and-families/economic-assistance/child-care/programs-and- services/ Minnesota offers families assistance in accessing childcare Affordable childcare directly impacts human rights. Racial equity:BIPOC individuals are disproportionately affected, due to a systemic wage gap. Gender equity:Women are disproportionately affected, due to a wage gap and frequently being the main caregivers for young children. Socioeconomic equity:Lack of access to affordable childcare forces some to exit the work force or take part-time jobs, limits their career advancement, and hampers financial stability o Low-income people struggle to improve their earning potential o “The long tail” of childcare cost: Spending more on childcare means putting away less for college, a bigger house, retirement Why is the Human Rights Commission interested in this topic? A solution that provides greater financial stability and lets more people stay in the workforce would decrease dependence on social services and increase the economic robustness of our city. An improved tax base would consequently help pay for other services. Why should Stillwater be interested in improving access to affordable childcare? As the city continues to find solutions to address affordable housing, better access to childcare would help families achieve greater spending power. Isn’t this a county, state, or federal issue? Can a city make a difference? Here are just a couple of ideas and models we could explore: Adjustments to zoning laws for home-based childcare Adjustments to HOA rules for home-based childcare Apply for grant via Greater Minnesota Child Care Facilities Capital Grant Program (July 2024) to increase childcare capacity Model: Pittsburgh: childcare for city workers; on-site childcare for constituents attending city community meetings Model: Liberty City, FL: Miami Children’s Initiative Isn’t this a county, state, or federal issue? Can a city make a difference? 4https://mn.gov/deed/government/financial-assistance/community-funding/greater-mn-child-care.jsp How many families in Stillwater are feel that they are impacted by the inability to find consistent, affordable childcare)? Are these families aware of county- and state-level childcare assistance programs? If they are aware, what barriers do they believe have kept them from accessing these programs? (Financial, logistical, cultural, other…) Related to this, is the need greatest among families whose income level makes them ineligible for such programs but is too low to afford quality childcare? How has childcare affordability affected families’ choices and trade-offs? Tools: Survey (English & Spanish), follow-up interviews, and potentially focus group(s) SHRC requests permission to research the following questions If our research suggests that there are either gaps in knowledge of OR access to existing programs, what solutions could be envisioned at the city level that would complement these programs and help close the gap? The HRC would research existing city-based solutions & their feasibility in Stillwater and present these to the City Council for review. What would happen next? Appendix 1. Childcare cost in Minnesota, 2022 https://info.childcareaware.org/hubfs/2022%20Price%20of%20Care%20State%20Fact%20Sheets/Minnesota%202022%20- Price%20Fact%20Sheet.pdf Appendix 2. Proposed survey questions Do you currently, or have you in the past 10 years, needed childcare at some point?(Y/N) If yes, which of the following BEST describes your needs? Every day for  most of a work shift / Every  day for  an hour or two / Occasionally for  a few  hours What sort of childcare do you/have you used? afterschool care at school (e.g., Adventure Club) / private day care / paid babysitter /  unpaid family member If you use childcare, or have in the past, how affordable did you think it is/was?  Very  affordable /  Somewhat affordable / Not affordable Has the cost of childcare ever kept  you from using it? (Y/N) Are there reasons besides cost that have ever prevented you from getting childcare or caused some form of hardship? (e.g., distance, hours, language barriers, feeling your child would be unsafe, risk of illnesses, etc.) Whether or not you have ever needed childcare, what ideas would you like to share about ways it could be made more affordable and accessible? Appendix 3. Proposed survey flyer DATE: January 31, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Human Rights Commission Childcare Survey DISCUSSION At the last Stillwater Human Rights Commission meeting in November, the Commission discussed their plans for 2024. One topic is to research whether affordable childcare presents a substantial challenge to city residents. To start gathering information for this research project, the attached flyer would be posted on surrounding organizations bulletin boards, the city webstie and city facebook page. People would be directed to go to the survey and provide input. Based on the input provided, the commission could do further research and/or provide recommendations to City Council on ways the City could address the issue. Before this research project can begin, the Commission needs Council’s approval. Therefore, Council should review this topic and determine if they would like the Stillwater Human Rights Commission to proceed. Commission Chair Sirid Kellermann and Commissioner Blaise Junker will be at the Tuesday Council workshop meeting to discuss the research project. Do you struggle to afford childcare? ¿Tiene dificultades para pagar el cuidado de los niños? The Stillwater Human Rights Commission wants to hear from you! ¡A la Comisión de Derechos Humanos de Stillwater le gustaría oír de usted! Stillwater residents: We want to better understand the need for affordable childcare and the barriers people face obtaining childcare. This information will help us explore solutions that would benefit all of our residents. We’d love to hear your story. Please fill out our 1-minute survey. Your feedback will be kept anonymous unless you want to share your contact information. Thank you! Residentes de Stillwater: Queremos comprender mejor la necesidad de cuidado infantil accesible y razonable, y las barreras que enfrentan las personas para obtenerlo. Esta información nos ayudará a explorar soluciones que beneficien a todos nuestros residentes. Nos encantaría escuchar su historia: tómese un minuto para completar nuestra encuesta. Sus comentarios se mantendrán anónimos a menos que elija compartir su información de contacto. ¡Gracias! Stillwater Human Rights Commission Harmony• Dignity• Respect 1/31/24, 12:33 PM Childcare Survey https://docs.google.com/forms/d/e/1FAIpQLSdTJVHGwdZNHKOM5MRK5hDdWFN_zNx9y5CwB2X_AYomQJWyNw/viewform?pli=1 1/4 Yes No Every day for most of a work shift Every day for an hour or two Occasionally for a few hours Childcare Survey The City of Stillwater, Minnesota Human Rights Commission seeks to better understand the need for affordable childcare in our city, as well as exploring sustainable solutions that benet all of our residents. Your feedback is greatly appreciated and will be kept anonymous unless you choose to share your contact information. Thank you! Para ver la encuesta en español, haga clic aquí Switch account Not shared * Indicates required question Do you currently, or have you in the past 10 years, needed childcare at some point?  If YES, please continue to the next question. If NO, please go to the last question. * If yes, which of the following BEST describes your needs?* 0 0 0 0 0 1/31/24, 12:33 PM Childcare Survey https://docs.google.com/forms/d/e/1FAIpQLSdTJVHGwdZNHKOM5MRK5hDdWFN_zNx9y5CwB2X_AYomQJWyNw/viewform?pli=1 2/4 afterschool care at school (e.g., Adventure Club) private day care hired babysitter unpaid family member Other: Very affordable Somewhat affordable Not at all affordable Yes No What sort of childcare do you/have you used?* If you use childcare, or have in the past, how affordable did you think it is/was?  * Has the cost of childcare ever kept you from using it?* Are there reasons besides cost that have ever prevented you from getting childcare or caused some form of hardship? (e.g., distance, hours, language barriers, feeling your child would be unsafe, risk of illnesses, etc.) Your answer D D D D D 0 0 0 0 0 1/31/24, 12:33 PM Childcare Survey https://docs.google.com/forms/d/e/1FAIpQLSdTJVHGwdZNHKOM5MRK5hDdWFN_zNx9y5CwB2X_AYomQJWyNw/viewform?pli=1 3/4 Never submit passwords through Google Forms. This content is neither created nor endorsed by Google. Report Abuse - Terms of Service - Privacy Policy Whether or not you have ever needed child care, what ideas would you like to share about ways it could be made more affordable and accessible? Your answer Thank you for your time! If we may contact you for follow up, please provide your name and email address (or phone number) here. Your answer Submit Clear form ÁTad_e -------- Google Stillwater Monument Sign Concept - Plan View February 2024 CONCEPT - PLAN VIEW CONCEPT - PLAN ENLARGEMENT VIEW H W Y . 9 5 ( N O R T H B O U N D ) H W Y . 9 5 ( S O U T H T H B O U N D ) SUNNY SIDE MARINA ST. CROIX CROSSING LOOP TRAIL PARKING LOT ST. CROIX CROSSING LOOP TRAIL PARKING LOT ST. CROIX CROSSING LOOP TRAIL ST. CROIX CROSSING LOOP TRAIL PROPOSED SIGN LOCATION PROPOSED SIGN .. .._ ... • • .. 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Mayor City of Stillwater, Minnesota RESOLUTION 2024‐011 Chris Felsch WHEREAS, Chris Felsch is retiring from his position as Police Investigative Sergeant for the City of Stillwater, effective March 25, 2024. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his contributions, professionalism, and outstanding performance to the City of Stillwater, Chris is hereby commended for serving the City for over 31 years. The Council extends their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to Chris Felsch. Adopted by the City Council this 6th day of February, 2024. ,1111111,,,, ~ ~ :,,, ,,,, ,,,,,,,, 11111\\ ----.. .. .. .:- 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES January 16, 2024 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent:None Staff present: City Administrator Kohlmann City Attorney Land Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS 2023 Reserve Officer of the Year, Benjamin Sullivan Police Chief Mueller recognized Officer Sullivan, in his ninth year as a Reserve Officer. OPEN FORUM Dale Tennison, 911 Abbott Street, addressed the need for cleanup in certain areas of the City. STAFF REPORTS Public Works Director Sanders reported that buckthorn was removed at Lumberjack Landing; and the feasibility study and public hearing for the 2024 Street Improvement Project will be at the next meeting. Police Chief Mueller gave updates on personnel and legislative items, including school resource officers and extreme risk protection orders. Fire Chief Glaser reported on World Snow Sculpting Championship events; stated the blood drive had 34 donors; gave fire safety tips; and urged people to stay off the river. Finance Director Provos acknowledged a Certificate of Achievement for Excellence in Financial Reporting for 2022. Community Development Director Gladhill gave parking reminders and summarized Department activities. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting January 16, 2024 Page 2 of 4 City Administrator Kohlmann reminded the Council of a Senate Committee meeting January 17; gave a Downtown Service District Board update; and commended staff on training on the new ERP software. CONSENT AGENDA January 2, 2024 Workshop and Regular Meeting Minutes Payment of Bills 5th Street City Garage Project Agreements Drainage and Utility Easement for 1395 Curve Crest Blvd Solid Waste, Recycling and Roll-off Hauler License Renewals for 2024 St. Croix Rec Center Freon Purchase Request Short Term Home Rental License Washington County Household Hazardous Waste Day License Agreement to Use Lily Lake Park Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS CBD Establishment License Renewals for 2024 City Attorney Land reviewed the process the City went through to enact CBD-related ordinances. She explained that renewal applications for CBD (cannabinoid) Retail Establishment licenses were received for the following businesses: Stillwater Smoke Shop Plus, Stillwater Tobacco, and CBD House. She explained in detail the licensing violations, zoning issues, state law violations and compliance check violations. She stated that the City Attorney’s Office is not comfortable renewing any of the CBD retail licenses, and has provided sufficient documentation, in a 67-page report, to deny all three of the renewal applications. A moratorium is in place so no other business can apply for these licenses. The State will have its Office of Cannabis Management (OCM) up in 2025 and businesses could re-apply at that time. Mayor Kozlowski stated the City received an email at 6:30 tonight from the CBD House proprietor clarifying his commitment to abiding by the regulations and stating it is legal to ship CBD products. City Attorney Land stated that the City regulates it and does not allow offsite delivery in order that the age of the purchaser can be verified. Councilmember Junker commented the sale to someone under 21 is inexcusable. Tommy Andreen, CBD House, stated that City Attorney Land does not understand the definition of CBD - it means cannabidiol, which is a non-psychoactive anti-inflammatory, not City Council Meeting January 16, 2024 Page 3 of 4 cannabinoid. He stated he is a legal expert on cannabis paid by the State of Minnesota to testify on the topic. The City Attorney should use an expert to write the law properly. Councilmember Junker asked Mr. Andreen if he has a license to manufacture product in Stillwater, and Mr. Andreen replied no, but when he got his license initially, City inspectors saw his microwave and hotplate and knew that he was manufacturing. He is being harassed, alienated, and pushed out of the community. CBD House did not sell THC products to someone under 21. The CBD honey says zero THC right on the packaging. Councilmember Odebrecht stated that the City purposely did not zone the downtown for cannabis sales. He asked what Mr. Andreen’s future business plan is. Mr. Andreen stated he has invested $70,000 into development and design of a state of the art cannabis manufacturing facility in the industrial park where passersby will get no scent of cannabis. He was going to present his plan to the City in three weeks. His general revenue is going to be $30 million the first year. He wants to create a valuable business for the City. Mayor Kozlowski remarked he can entertain Mr. Andreen’s passion for the industry and his business. No one is trying to run his business out of town. He is disappointed but not surprised about the compliance check failures. He would like to do this in a way that does not permanently shut the door on any of these businesses. Mr. Andreen stated the law states if his license is denied or revoked by any City, he will never get a license from the OCM, so his future in the industry is in jeopardy. City Attorney Land responded that she does not know that what Mr. Andreen stated is true. When someone applies for a license, the OCM will ask the City whether it complies with zoning. As far as she knows that is all they will ask. Councilmember Odebrecht remarked the City communicated well throughout the process, and the failed compliance checks show the City’s trust was violated several times. These products are viewed as dangerous, requiring extra care. He does not want to shutter a business permanently, but feels it is time to hit pause on this. Ms. Land stated if the license is denied, CBD House cannot sell edible cannabis products, but may sell non-edible cannabis and accessories. Manufacturing of products is not allowed. Badawi Junaili, Still Tobacco, stated he has been in business for 12 years and has complied 100%. Councilmember Collins thanked City Attorney Land for the thorough documentation and voiced great disappointment with the compliance check failures. Mayor Kozlowski asked how the businesses, if denied, could get their licenses back; and Ms. Land replied they would not be allowed to sell edible cannabis in the City until the State overtakes all regulations and licensing, then the businesses may apply to the OCM. At that point the only thing the City will regulate is zoning. If they withdraw the current applications, then there would be no denial. Badawi Junaili, Still Tobacco, withdrew the application for a license. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to continue the application for Stillwater Smoke Shop Plus. All in favor. City Council Meeting January 16, 2024 Page 4 of 4 Councilmember Junker asked Mr. Andreen if there is anything in his store that he does not make. Mr. Andreen replied that he makes everything; some products are made in Florida. The Health Department came today and he passed with flying colors. 90% of it is edible. He stated he was legal non-conforming, grandfathered in as he has been doing it since he started his business and never had a problem until CBD honey sticks got sold and now he is being ousted. Mayor Kozlowski suggested that Mr. Andreen withdraw his license application. Mr. Andreen stated if he is put out of business, then he will appeal and it will go to a court of law which will find there has a been a gross oversight. Whether denied or not, he is going to open his doors tomorrow and do business. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2024‐010, A Resolution Denying the Issuance of a CBD Retail Establishment License to CBD House. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna stated the Martin Luther King Jr. Breakfast hosted by the Human Rights Commission went well and had approximately 85 attendees. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:13 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024‐010, A Resolution Denying the Issuance of a CBD Retail Establishment License to CBD House DATE: February 6, 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 $1,300,267.93 has been sent to the Mayor and City Council Members to approve for payment.   DATE: January 30, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointment to Downtown Parking Commission The Downtown Parking Commission has one opening due to the resignation of Daren Anderson. Staff published for the opening and received an application. An interview was conducted, and the interview panel recommends appointing Winona Havir to fill the partial term that ends May 1, 2026. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Winona Havir to the Downtown Parking Commission with a partial term ending May 1, 2026. DATE: February 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager SUBJECT: City of Stillwater Earned Sick and Safe Time (ESST) DISCUSSION Following receipt of new information related to the record keeping and cross designation of ESST use, the City has revised its policy to support its compliance with the ESST mandate. The City will cross-designate use of ESST to sick leave, and not also to vacation. The City’s policy has been updated and the City will incorporate the enclosed policy into the Employment Policy Manual following Council approval. Earned sick and safe time (ESST) is paid leave employers must provide to employees working in Minnesota. The Minnesota Department of Labor and Industry identified specific situations when the time can be used, including when an employee is sick, to care for a sick family member, to seek assistance if an employee or their family member has experienced domestic abuse, or if there is a work or school closure that prevents an employee from being able to work. ESST applies to employees of the City who work for at least eight (80) hours in a year; including seasonal, temporary, on-call, casual, full time and part-time employees. It does not apply to elected officials. Current full time and part-time benefits eligible employees earn paid time off at a rate that is equal or exceed s ESST. In 2024, seasonal, temporary, paid on-call, part-time and casual employees who were not benefits eligible will be eligible to earn ESST following 80 hours of work. ACTION REQUESTED Motion to approve the resolution titled, “Approving Revised Earned Sick and Safe Time for 2024.” Earned Sick and Safe Time Policy: Minnesota’s Earned Sick and Safe Time (ESST) law requires employers to provide paid leave to employees in Minnesota for qualified reasons, effective January 1, 2024. This ESST Policy applies to employees who work in the State of Minnesota as an employee of the City for at least eighty (80) hours in a year, including seasonal, temporary, on-call, casual employees; and all full-time and part-time employees. For purposes of ESST compliance, the leave year is defined as the calendar year – January 1 through December 31. FOR FULL-TIME EMPLOYEES: Beginning January 1, 2024, full-time City employees will accrue up to 48 hours of ESST for the year. The City will cross-designate an employee’s first 48-80 hours (depending on how much ESST an employee has available that year) of sick leave used as ESST. If the employee chooses to use all their available -sick leave hours for reasons other than those outlined in this policy, they will not be provided with additional ESST hours. While employees may use any available vacation or sick leave hours they have for an ESST - qualifying reason, they will not be provided with additional ESST hours once their available hours have been exhausted. Once an employee has used their yearly 80 hours of ESST, none of their remaining paid sick leave they subsequently accrue or use in that year will be designated as ESST. Accordingly, the provisions of Minn. Stat. §§ 181.9445 – 181.9448 or this policy do not apply to paid sick leave taken after an employee has used their yearly ESST entitlement. FOR PART-TIME, SEASONAL, TEMPORARY AND PAID ON-CALL EMPLOYEES: All paid on-call, temporary and seasonal employees are eligible to earn ESST when at least 80 hours of work are performed in a calendar year (January 1 – December 31), with the exception of elected officials. An employee who works at least 80 hours in a calendar year will earn one (1) hour of ESST leave for every 30 hours worked, up to a maximum accrual of 48 hours per calendar year. Employees begin accruing ESST on their first day of employment. Employees may roll over unused ESST into the next year up to a maximum accrual of 80 ESST hours. ESST Qualifying Reasons: • Employees own mental or physical illness, treatment or preventative care • Family member’s mental or physical illness, treatment or preventative care • Absence due to domestic abuse, sexual assault, or stalking of the employee or a family member • Closure of the employee’s workplace due to weather or public emergency or closure of a family member’s school or care facility due to weather or public emergency; and • When determined by a health authority or health care professional that the employee or a family member is at risk of infecting others with a communicable disease. Qualified Family Members: • Their child, including foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis; • Their spouse or registered domestic partner; • Their sibling, stepsibling, or foster sibling; • Their biological, adoptive or foster parent, stepparent, or a person who stood in loco parentis when the employee was a minor child; • Their grandchild, foster grandchild, or step grandchild; • Their grandparent or step-grandparent; • A child of a sibling of the employee; • A sibling of the parents of the employee; • A child-in-law or sibling-in-law; • Any of the family members (1 through 9 above) of an employee’s spouse or registered domestic partner; • Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; and • Up to one individual annually designed by the employee Notice of ESST Use Planned ESST is time off that is requested and approved in advance. If the need for ESST is foreseeable, the city requires seven days’ advance notice. If the need is unforeseeable, employees must provide notice of the need for ESST as soon as practicable. In the event ESST is utilized for more than 3 consecutive days, the City reserves the right to require reasonable documentation demonstrating the ESST use is covered by one of the qualifying reasons, such as a signed statement by a health care professional, a court record, a signed document from a victim services organization, or a written statement from the employee indicating the employee is using or used ESST for a qualifying purpose. The City will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee’s or the employee’s family member’s medical condition. The city will not require an employee using Earned Sick and Saf e leave to find a replacement worker to cover the hours the employee will be absent. Employee Rights Employees will not be discriminated against or retaliated against if they use ESST or request a statement of their ESST usage. The City will not count ESST as an absence that may lead to corrective action under the City’s punctuality and attendance policy. An employee has the right to file a complaint or bring a civil action if ESST is denied by the City or if the employee is retaliated against for requesting or using ESST. It is unlawful to report or threaten to report a person or a family member’s immig ration status for exercising a right under Earned Sick and Safe Leave. Any employee who believes that they have been wrongfully denied ESST, retaliated, or discriminated against for requesting or using ESST must immediately notify the City Administrator. An employee injured by a violation of this policy pursuant to sections §§181.9445 - 181.9448 may file a complaint with the Minnesota Department of Labor and Industry and bring a civil action to recover any and all damages recoverable by law. Questions regarding ESST or this City policy should be directed to the City Administrator. Employees may contact the Minnesota Department of Labor and Industry’s Labor Standards Division at 651-284-5075 or dli.laborstandards@state.mn.us or visit the department’s earned sick and safe time webpage at dli.mn.gov/sick-leave. Notice The City of Stillwater will provide all employees a copy of this policy upon City approval or prior to January 1, 2024. The City of Stillwater will provide all employees a copy of this policy upon the start of an employee’s employment after January 1, 2024. Disclaimer This policy is not a contract for employment. The City periodically may update this policy and reserves the right to interpret the policy as well as replace, modify, or revoke it at any time, upon reasonable notice. City of Stillwater Washington County, Minnesota RESOLUTION 2024- APPROVING EARNED SICK AND SAFE TIME FOR 2024 WHEREAS, Earned Sick and Safe Time (ESST) is a state-mandated program in which every person working in Minnesota accrues ESST at the same rate regardless of classification; and WHEREAS, ESST applies to employees of the City who work for at least eighty (80) hours in a year, including seasonal, temporary, on-call, casual, full time and part- time employees; and WHEREAS, for purposes of ESST compliance, the leave year is defined as the calendar year – January 1 through December 31; and WHEREAS, beginning in year 2024, the City will cross-designate an employee’s first 48-80 hours (depending on how much ESST an employee has available that year) of sick leave used as ESST; and WHEREAS, if the employee chooses to use all their available vacation/sick leave hours for reasons other than those outlined in the City’s policy, they will not be provided with additional ESST hours once their available hours have been exhausted; and WHEREAS, the City of Stillwater will provide all employees a copy of the City’s policy following City Council approval and upon the start of an employee’s employment after January 1, 2024; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves Earned Sick and Safe Time paid leave effective January 1, 2024. Adopted by the City Council this 6th day of February, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk   DATE: February 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointing Election Judges for 2024 Presidential Nomination Primary Election BACKGROUND City Council is required to appoint elections judges for the upcoming Presidential Nomination Primary Election. Recruitment for judges has been completed and a list of eligible judges is attached. There are 72 judges total which include 8 head judges and 6 judges on reserve in case a judge becomes unavailable on election day. Compensation for being a judge is $11/hour for a regular election judge and $13/hour for a head judge. Some judges choose not to be paid for their time. RECOMMENDATION Staff recommends Council appoint the judges listed in Exhibit A on the resolution. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING ELECTION JUDGES AND FIXING COMPENSATION FOR THE 2024 PRESIDENTIAL NOMINATION PRIMARY ELECTION. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx APPOINTING ELECTION JUDGES AND FIXING COMPENSATION FOR THE 2024 PRESIDENTIAL NOMINATION PRIMARY ELECTION WHEREAS, the City Clerk recommends elections judges to be appointed for the upcoming Presidential Nomination Primary (PNP) Election on March 5, 2024; and WHEREAS, the City Council makes the appointments at least 25 days before an election day. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the following individuals specified on Exhibit A attached hereto, each of whom is qualified to serve as an election judge, are hereby appointed as judges for the PNP Election on March 5, 2024 at the Stillwater Polling locations. BE IT FURTHER RESOLVED, by the City Council of Stillwater as follows: 1. Any individuals not specified on Exhibit A to be placed as a replacement or as additional election judges needed up to and including the day of the election shall be appointed by the City Clerk at that time. 2. That the compensation to be paid to the regular Election Judge is hereby fixed at $11 per hour; and the compensation for the Head Judges is hereby fixed at $13 per hour and that the City will provide food (lunch and dinner) to judges as part of their compensation. 3. The election judges shall act as clerks of election, count the ballots cast and submit the results to the county and municipality for canvass in the manner provided for in State General elections. 4. That the following staff members are designated election officials and election judges to assist the City Clerk in the 2024 PNP Election administration for the City of Stillwater: Nancy Manos, Asha Altermatt, Jenna Schmid, Alex England and Jacalyn Norbury. Adopted by the Stillwater City Council this 6th day of February, 2024. CITY OF STILLWATER ____________________________ Ted Kozlowski, Mayor ATTEST: ___________________________ Beth Wolf, City Clerk EXHIBIT A First Name Last Name City From Judge Type Jeffrey Anderson Stillwater Head Judge Kathryn Baker Stillwater Regular Election Judge Monica Bartkey Stillwater Regular Election Judge Mary Belschner Stillwater Regular Election Judge Kevin Berndt Stillwater Regular Election Judge Andre Bessette Stillwater Head Judge Theresa Blondin Stillwater Regular Election Judge Renee Brinkman Stillwater Regular Election Judge Rebecca Bush Stillwater Regular Election Judge India Bush Stillwater Regular Election Judge Debbie Crea-Riffel Stillwater Regular Election Judge Lizabeth Dawson Stillwater Regular Election Judge Erin Dimopoulos Stillwater Regular Election Judge David Dittbenner Stillwater Regular Election Judge Michelle Dockter Stillwater Regular Election Judge Karen Dufty Stillwater Regular Election Judge Jan Edstrom Stillwater Regular Election Judge Sally Erickson Stillwater Regular Election Judge Darlene Ferkingstad Stillwater Regular Election Judge Ron Ferkingstad Stillwater Regular Election Judge Ken Freimark Stillwater Regular Election Judge Douglas Friederich Stillwater Regular Election Judge Brian Groven Stillwater Regular Election Judge Nora Hahn Stillwater Regular Election Judge Anne Hansen Stillwater Regular Election Judge Chris Hilgers Stillwater Head Judge Mary Holmberg Stillwater Head Judge Harold Holmberg Stillwater Regular Election Judge Julia James Stillwater Regular Election Judge Paul Johnson Stillwater Regular Election Judge Art Junker Stillwater Regular Election Judge Carol Jursik Stillwater Regular Election Judge Dan Kalusche Stillwater Regular Election Judge Dana Karr Stillwater Regular Election Judge Sirid Kellermann Stillwater Regular Election Judge Paul Kirkwold Stillwater Regular Election Judge Sara Klaus-Ryan Stillwater Regular Election Judge Rebecca Koehler Stillwater Regular Election Judge Heidi Koehnle Stillwater Head Judge Lynn Kuker Stillwater Regular Election Judge Sara Letourneau Stillwater Regular Election Judge Douglas Little Stillwater Regular Election Judge Trudi Lohne Stillwater Regular Election Judge Janice Merten Stillwater Regular Election Judge Sheryl Meyer Stillwater Head Judge Betty Nelson Stillwater Regular Election Judge Rebecca Nelson Stillwater Regular Election Judge Lisa Nordling Stillwater Regular Election Judge Michelle Ortmeier Stillwater Regular Election Judge Susanna Patterson Stillwater Regular Election Judge Karlyn Peterson Stillwater Regular Election Judge Keith Proctor Stillwater Regular Election Judge Nance Purcell Stillwater Regular Election Judge Deb Reckner Stillwater Regular Election Judge Margot Rheinberger Stillwater Regular Election Judge Mary Ann Rheinberger Stillwater Regular Election Judge Barb Rinehart Stillwater Regular Election Judge Barbara Schmotter Stillwater Regular Election Judge Donald Schuld Stillwater Regular Election Judge Jon Skaalen Stillwater Regular Election Judge Mary Beth Springborn Stillwater Regular Election Judge Maurice Stenerson Stillwater Regular Election Judge Luke Stiller Stillwater Regular Election Judge Margaret Thomas Stillwater Regular Election Judge David Tomenes Stillwater Head Judge Matthew Trom Stillwater Regular Election Judge Dona True Johnson Stillwater Regular Election Judge Elizabeth Welty Stillwater Regular Election Judge Deanne Wessel Stillwater Regular Election Judge Jane Wilkens Stillwater Head Judge Carol Woods Stillwater Regular Election Judge Barbara Zusan Stillwater Regular Election Judge DATE: February 9, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager SUBJECT: Renewal for Employee Assistance Services DISCUSSION The City of Stillwater offers its employees Employee Assistance Program (EAP) services that provide short term assessment and brief counseling for a wide variety of personal and work-related wellness concerns. The service is provided by the Sand Creek EAP, LLC. With this service, the City’s employees and their family members have an arena of EAP options including:  Mental Health and Chemical Dependency Counseling  Life Coaching  Member Portal and Mobile App 24-hour digital tools  Financial Consultation  Legal Consultation and referral  Work-Life Resources, including child care and elder care resources  Personal Assistant referrals for travel, entertainment, professional services  Medical Advocacy  Online access to articles, webinars, podcasts, soft skills training, wellbeing tools The annual cost for this service is $27.07 per employee and is included in the 2024 budget. ACTION REQUESTED Motion to approve renewal of Employee Assistance Services through Sand Creek EAP, LLC. This letter is confirmation of renewal and rates for the Assistance Program benefits offered by Sand Creek EAP. It continues to be a pleasure to provide service to your team members and their family members. On behalf of the entire Sand Creek EAP staff, we appreciate your continued trust in Sand Creek EAP and AllOne Health benefits and services. Renewal Date Programs Provided Rate Population Considering Wellness? Review these additional program options: Wellness Coaching: You may choose to integrate AllOne Health's wellness coaching solution for an incremental fee to commence at the renewal date. This inclusion provides a whole health approach, incorporating certified coaches and is aligned with your selected session model. This is a seamless preventive option to expand your benefits. Reply to wellness@allonehealth.com for a quote. Year of Wellness: For a full 12-months of wellness content, inclusive of monthly virtual webinars and each recording, add on the Year of Wellness for a flat $2500 annual fee. Reply to wellness@allonehealth.com for activation. Customized Wellness Solutions: Additional wellness services are available, and a quote can be provided upon request at https://allonehealth.com/quote/. Please contact us to set up a consultation and quote for your organization. Please take a moment to review and confirm the renewal terms. This Service Renewal is subject to the terms and conditions contained in your current Customer service Agreement. Please see above to confirm your billing rate as of the effective date reflected above. As always, if you need any additional resources to support promotional efforts please visit and bookmark: www.myassistanceprogram.com/sandcreek-folder. If you have any questions or comments about this renewal, please contact me! Sincerely, Tod Deming, Executive Director SAND CREEK EAP 5401 Gamble Drive #107 St. Louis Park, MN 55416 01/01/24 Employee Assistance $27.07 City of Stillwater 216 North 4th Street Stillwater MN 55082 Per Employee Per Year 94 SANDCREEK EAP'" ~ An AIIOne Health Company DATE: February 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Passport Parking Permit Module DISCUSSION As the Council is aware, the City introduced Passport Mobile Pay as additional payment option to supplement Credit Card Terminals for Downtown Parking. As part of that process, the City also ultimately simplified regulations, expanded the pay zone, and began enhancing enforcement tools. As the City Council may recall, Passport Labs offers additional add-ons. Staff noted two (2) potential add-ons at that time (Parking Permits and Enforcement/Ticketing). Staff is seeking authorization to move forward with the Parking Permit Module. In the past, the City has used the same software system as used for other permits and licenses for the City, which was part of the City’s previous financial software suite. Staff then manually entered license plate information to close the loop and allow for enforcement via License Plate Reader. The intent of this approach was to maintain existing permitting operations while determining functionality of the City’s new ERP Software that is replacing our previous financial, community development, permitting/licensing and enforcement software. The previous and new software system s are well equipped to handle property-based permitting and manual renewals. Additionally, while Staff was prepared an increase in Parking Permits after the change in Fee Schedule, Pay Zone and Enforcement, the success in achieving compliance with required Parking Permit was more than anticipated. A vast majority of the increase in Parking Permits is likely from those Parking Customers that should have been obtaining permits already. The City had an estimated 100 unique customers for Parking Permits. We are now at an estimated 225 unique customers, with additional customers coming in as a result of a recent increase in enforcement. Passport’s Permitting System will assist the City as follows: 1. Reduce redundant data entry 2. Reduce the potential for false hits (violations) and increase accuracy of enforcement 3. Allow for automated renewals Staff was originally concerned about adding an additional module due to cost implications without certainty on return through offsetting revenue. Staff is comfortable moving forward at this time with confidence provide by actual net revenue increases (both from Parking Permit but also Event Rate success). Recent improvements in revenues and compliance with hourly and permit parking will cover the costs of this enhancement. The cost of the module is approximately $16,000 annually + processing charges to the end user as outlined in the attached agreement. Finally, looking towards the future, the final major module that Staff would recommend that the City Council consider is the enforcement module. This module would be a similar annual cost to the City and would significantly streamline ticketing and collection processes. Staff is confident that, after a year’s worth of net revenue historic, the increase in net revenue to the parking funds would justify this investment as well. RECOMMENDATION Staff recommends approval of the agreement. ACTION REQUESTED Motion to approve the agreement with Passport Labs for a parking permit module. 2 ORDER FORM This Order Form (the “Order Form”), effective as of , is being entered into by and between Passport Labs, Inc. and City of Stillwater, MN (“Customer”) pursuant and subject to the Software License and Service Agreement (the “Agreement”) entered into by the Parties as of August 15, 2022. Upon execution, this Order Form shall be incorporated by reference in and subject to the Agreement. Capitalized terms used but not defined herein shall have the same meanings as set forth in the Agreement. I. SUMMARY OF THE PRODUCTS AND SERVICES This Order Form, together with the SOW attached hereto and made a part hereof as Schedule 1, contains the terms and conditions applicable to the Products and related services purchased pursuant to the Agreement. PRODUCTS AND SERVICES Mobile Payment for Parking Platform (“MPP”) ☐ Citation Management Platform (“CMP”) ☐ Digital Permits for Parking Platform (“DPP”) X License Plate Recognition Platform (“LPR”) ☐ II. FEES A. Fees. The fees are as follows: Products and Services Fee(s) Fee Type(s) Digital Permits for Parking (“DPP”): DPP Convenience Fee Paid by End User $3.50 Per Transaction Merchant Services Fee Paid by End User $1.10/transaction Payment Gateway Fee Paid by End User $0.05/transaction DPP Annual Licensing Fee $18,000.00/year III. BILLING INFORMATION Billing Contact Name: Beth Wolf Billing Email Address: bwolf@ci.stillwater.mn.us Billing Address: 216 4th Street North Stillwater, MN 55082 3 IN WITNESS WHEREOF, Passport and Customer have each caused this Order Form to be executed by its duly authorized representatives. Passport Labs, Inc. By: Name: Title: Date: 4 City of Stillwater, MN By: Name: Ted Kozlowski Title: Mayor Date: By: Name: Beth Wolf Title: City Clerk Date: StatementofWork City of Stillwater, MN January 19th, 2024 Disclaimer Project Overview Statement of Work Configurations Payment Gateway and Merchant Solutions Digital Permits Product Legacy Provider Permit Data Import Passport Portal Manage Permits Issue Permits Approval Queue Reporting End-User Customer Portal Branding Dashboard Application Workflow Manage Permit Manage Account System Training Custom Integrations or Configurations Monitoring Digital Permits with LPR Assumptions & Notes Project Change Control Acceptance Disclaimer This Statement of Work contains information that is proprietary and confidential to Passport Labs, Inc. (“Passport”) and shall not be disclosed or used for any purpose other than the purposes described herein. Any other disclosure or use of this document, in whole or in part, without the permission of Passport is prohibited. CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 1 SCHEDULE 1 i ! Passport ■1 I , Project Overview Passport will transition the City of Stillwater, MN (“Client”) from their legacy permit system to Passport’s Digital Permit products. During this project, Passport will perform architecture, design, implementation, and information transfer services for the project. Statement of Work Configurations Payment Gateway and Merchant Solutions Passport will provide Gateway and Merchant Processing services for Passport digital permits directly to the Client, eliminating the need for an external provider. Passport will act as the Merchant of Record for transaction processing. All transactions will be processed via Passport’s Gateway and Merchant Processing services. Passport will enable the following card types to be used by all integrated applications. ● Visa ● Mastercard ● Discover ● American Express The Client will be responsible for paying all gateway and merchant processing fees, as outlined in the contract. CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 2i! Passport Digital Permits Product Legacy Provider Permit Data Import Passport understands that the Client would like to import its existing permit data into Passport’s system for the system transition. As such, Passport will provide the Client with its template permit data import format file so that the Client is able to provide Passport with the permit data to be imported All imported permits will be assigned a Link Code. The Link Codes allow new Passport permit customer accounts to be linked to their digital permits that have been imported or issued through the back-office system. The Link Code allows the customer to pull in their imported permit into the customer’s account. Link Codes will be provided to the permit holder via email or through a physical mailing. Passport Portal Passport will provide the Client with direct access to its back-office Passport Portal that allows permit system administrators to manage their entire permit system, including the approval queue, waitlists, and reports. The back office Passport Portal also allows administrators to manage customer accounts and issue permits. Manage Permits Manage permits functions as a search user interface to quickly search for a specific permit and then take an action: Core functionality includes: ○ Viewing a permit’s status and general details ○ View and add notes to a permit ○ View the historical actions taken on a permit ○ View the user associated with the permit ○ View the payment history of the permit ○ Email or print previous receipts ○ Edit unrestricted Permit details ○ Update the status of a permit: suspend, unsuspend, or cancel ○ Renew and apply payments to permits CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 3i! Passport ○ Passport does not accept in-person credit card payments. ■ All in-person credit card payments need to be done online through the portal or manually logged in Passport Portal after being processed through an external system. ○ Passport will not integrate with a cash draw or check reader ● Any cash payments will need to be manually logged in Passport Portal after being processed through an external system. ● Any check payments will need to be manually logged in Passport Portal after being processed through an external system. Issue Permits Issue permits functions as a quick action drawer user interface to manually issue permits through the back-office system. Core functionality Includes: ● Waitlist / limit information ● Outstanding citation check warning against the LPN ● Eligibility requirement and document submission override ● Support address first issuance Approval Queue The approval queue functions as a single first in, first out list with searching capabilities. Individual applications can be inspected via a drawer user interface within the same page. Relevant Search and Filtering capability is also provided. The approval queue can be filtered between three separate sections: ● New permits ● Change requests ● Needs more information Approving or rejecting a permit application can be completed from the inspection view, progressively over the list order or in bulk from the main list view. Core functionality includes: ●Inspect, approve or reject applications ●Set aside permits for manual follow-up a la Needs More Information ●Separate change requests from new permit applications CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 4i! Passport Reporting Reports are made available within the Passport Portal. All reports are presented as a list with the ability to filter for reports. The digital permits product has three core reports available: ●Exportable permit payment and refund report ○ All cashflow shown in one report. ○ Allows filtering by date range ●Exportable permit zone report ○ Allows filtering by zone, status, and/or date range. ●Exportable permit detail report ○ Allows filtering by type, cycle, status, and/or date range. End-User Customer Portal Passport will provide the Client with a web-based portal that is publicly accessible and allows permit applicants/holders to apply, purchase, and manage their permit(s). The permit portal will be accessible online at a white-labeled domain name determined by Passport with feedback provided by the Client. Branding The Client may customize the following for their customer portal: ●Logo ○The Client must provide a JPEG (or similar format) of their logo ●One primary color should be defined by the Client ○ Primary color is used for buttons and links and it is also applied to illustrations so it must be AA WCAG compliant. ● The secondary color is derived from the primary color automatically to meet accessibility standards ● Subdomain ○ The URL for customer portal will be <subdomain>.cmrpay.com/permits Dashboard The Permit Dashboard view is a highly stylized list view user interface with added quick navigation for using link codes or applying for new permits. The dashboard view separates saved applications from those fully submitted which constitute true permits. Individual CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 5i! Passport applications or permits each have their own call to acts for provided actions, such as navigation into permit management or removing a saved application. Core functionality includes: ●Permit linking quick navigation ●Apply for Permits quick navigation ○ Special rate permits, like senior citizen permits, will be offered at their correct rates. ●View list of saved applications ●Remove or re-enter application flow ●View list of permits ●Enter manage permits flow ●View general permit data, such as permit number, type, valid location (zone), hours (if applicable), status, and valid dates Application Workflow Permit applications function as a stepped, progressive series of data collection covering all information required of the applicant. Two application process flows are supported ● Basic ○ The Basic flow allows open selection and application for any permit type, regardless of eligibility. ○ All applications are started from the dashboard via selecting a permit type. ● Residential ○ The Residential flow requires applicants to input an address which acts to filter all permit type selections down to only those available to the applicant. Core functionality includes: ●Residential eligibility based address first optimized flow ● Ad hoc custom fields for required vehicle or permit holder / applicant information ● Requirement validation on input fields ● Proof of Eligibility document upload ○ Proof of residency, such as a current utility bill, current notarized affidavit of the landlord, auto registration cards or deed in the name of the permittee and showing the address within the controlled parking area. ○ Current vehicle registration ● Saving and deleting in-progress applications CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 6i! Passport ● Configurable location information and hours ● Summary view of application details is always in view and updates step by step. ● Client contact information footer ● Reference links (Client Configurable FAQs, Passport Terms of Service, Privacy Policy, & Cookies Policy) footer Manage Permit Manage Permits functions as a tabbed detail view which transitions into forms for edits allowing users to view and manage individual aspects of a permit via the following tabs: ● Permit details / status ● Permit Holder Information ● Vehicle Information ● Payment History ● Auto-Renew Setup Core functionality includes: ● Permit details: view general details and call to act to manually renew if eligible ● Permit holder Information: view / edit all fields related to the permit holder ● Vehicle Holder Information: view / edit all fields related to a vehicle, add and remove vehicles ● Payment History: view all previous payments and refunds toward the individual permit as well as downloading payment receipts. ● Auto-Renew Setup: setup or change the current configuration for auto-renew. Includes defining the credit card to bill & user ability to define the billing date (from an operator configured range). Manage Account Manage Account functions as a tabbed detail view which transitions into forms for edits allowing users to view and manage information related to their user account for customer portal via the following tabs: ● Profile ● Payment Methods ● Payment History Core functionality includes: CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 7i! Passport ● Profile includes optional user name, address, and telephone number as well as the email and password used for login. ○ Password changes can be executed in the profile section. ● Payment Methods includes all credit cards saved by the user with the ability to add and remove credit cards. ● Payment History includes all payments and refunds made by the user historically, regardless of the permit or card, with the ability to download payment receipts. System Training Once a majority of the project milestones have been completed and the target launch date is confirmed, Passport will work with the Client to set-up the remote web-based training plan. Passport will assist the Client with determining who should be involved in the training sessions and when they should occur from a scheduling perspective around the target go-live date. Passport will host a training session with any Client employees who will interact with the new Passport Parking system. Passport recommends that all parking staff, anyone responsible for the adjudication of parking citations, Client accountants, and enforcement managers be present for training. Passport will work with the Client if additional training sessions are required. All training is done via a “Train the Trainer” method, equipping each person present with the tools and knowledge to train their teams now and in the future. Custom Integrations or Configurations Monitoring Digital Permits with LPR Passport will work with the Client, Minuteman, and Genetec to enable its integration with the Genetec vehicle-based license plate recognition system for the purposes of monitoring Passport Digital Permits to be used in conjunction with the monitoring and issuance devices the Client utilizes. CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 8i! Passport Assumptions & Notes While performing these services, Passport will rely upon the concerted engagement, direction, authorization, approvals or other information provided by the Client’s primary stakeholder and technical teams. The Client’s Project Manager and respective team will be responsible for contributing to and reviewing Weekly Status Reports and reporting Project issues. Additional Client responsibilities include: ● Providing operational information in a timely manner. ● Providing a list of stakeholders for preliminary implementation ● Making a good faith effort to facilitate the continued progress of the implementation. ● Perform user acceptance testing to confirm the accuracy of configured attributes in the system ● Provide written approval on each aspect of the system Deliverables or activities not specifically identified as in scope throughout this document are by definition out of scope, unless accompanied by an approved Scope Change Order. Project Change Control Changes may be required to manage unanticipated or new information that may arise during the course of the implementation and delivery of this solution that impacts an existing (or creates a new) deliverable, restriction, milestone, or dependency. This Project Change Control process is meant to enforce a process to ensure changes are tracked and approved appropriately throughout the project. Process ● A Passport representative will complete a Scoping Change Order form describing the exchange to be evaluated. ● Passport will perform an impact assessment (cost, schedule, risk, etc) and provide a recommendation for how to achieve the Client's objectives in the context of the latest information. CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 9i! Passport ● The Client will decide whether or not to proceed with Passport’s recommendation or to suggest an alternative approach. ● If the Change Request is approved by the Client and returned back upon full execution, then the Change Request document will be incorporated as part of the Statement of Work. Timeline Effects ●Upon approval by all parties, the impact assessment associated with such change request shall augment any prior commitments or estimates of timeline and pricing in this Statement of Work, which shall no longer apply. Passport will use commercially reasonable efforts to maintain the timeline and cost associated with this Statement of Work, augmented by any and all Change Request(s) approved by all parties. CONFIDENTIAL AND PROPRIETARY. © 2024 Passport. All rights reserved. 10i! Passport DATE: February 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Parking Reservation Renewal for BierCycle DISCUSSION Annually, the City Council extends a parking stall reservation for BierCycle, a mobile pedal pub that navigates Downtown Stillwater with a stop along Water Street. As part of ongoing updates and lease renewals to ensure market-rate returns, Staff is suggesting a rate adjustment for 2024 to $756 (previously $606). This increase in rate acknowledges, that while the pedal pub operation only operates a few days per year, it does tie up a parking stall year round. Previously, the Downtown Parking Commission requested reconsideration of this reservation. This current step is an interim step until a broader conversation about Downtown Parking can be had later this fall after one year of operation of the new Downtown Parking Fee Schedule. RECOMMENDATION Staff recommends the City Council adopt the attached resolution, renewing the parking reservation for BierCycle on Water Street for 2024. ACTION REQUESTED Motion to adopt the attached resolution, renewing the parking reservation for BierCycle on Water Street for 2024. City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION GRANTING PARKING STALL RESERVATION TO BIERCYCLE ADVENTURES, LLC FOR THE OPERATION OF MULTI-PERSON CYCLE TOURS IN 2024 AND RESCINDING RESOLUTION 2023-021 WHEREAS, BierCycle Advertures, LLC has made a request to renew permission to reserve one parking spot on Water Street to operate, a multi-person tour cycle, on City roadways downtown; and WHEREAS, the City Council of the City of Stillwater approved Resolution 2023- 021 on February 7, 2023 for permission to operate the tour cycle business in 2023; and WHEREAS, the business will operate in substantially the same manner in 2024. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants permission to BierCycle Adventures, LLC to reserve a parking stall to operate multi-person cycle tours on City roadways subject to the following conditions: 1. Review and approval by the Police Department and the Public Works Department of the parking stall. 2. Only one multi-person tour cycle is authorized pursuant to this resolution. An increase in the number of cycles will require an amendment to this Resolution of Approval. 3. This resolution is valid through December 31 of the year issued. Any new permission requires a new application from the City Clerk. 4. No approval will be granted without proof of general liability insurance in the minimum amount of $1,500,000 per occurrence. 5. Operating restrictions and conditions: a. No multi-purpose tour cycle may be operated upon a public sidewalk. b. No mult-purpose tour cycle may use any public street or other public property as a waiting area unless such area is a legal motor vehicle parking area. c. Public safety is paramount in the operation of any multiple-purpose tour cycle. Consequently, each multiple-purpose tour cycle must be equipped with the following: i. Front and rear turn signals ii. Head lights iii. Tail lights iv. A hydraulic disc braking system v. An emergency brake in addition to a disc braking system vi. Any other equipment required to comply with applicable federal and state laws d. All multi-purpose tour cycles are, at all reasonable times, subject to inspection by the City of Stillwater. e. Multi-purpose tour cycle operators must have in their possession a valid driver's license while in control of any multiple-purpose tour cycle, and shall operate the tour cycle in compliance with all applicable federal, state, and local traffic laws, and in a manner so as to assure the safety of persons and property. f. Whenever alcohol is being served on a tour, the patrons who are legally allowed to drink alcoholic beverages must wear a colored wristband. g. All multi-purpose tour cycle operators must obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. h. The City reserves the right to alter or limit multi-purpose tour cycle operations to specified routes and streets if required for public safety reasons. i. If Sam Bloomer Way or Mulberry Point should be limited to pedestrian traffic only, the City reserves the right to eliminate the multi-person tour cycle access to these areas. j. The City reserves the right to require that any idle multi-purpose tour cycle be parked in a specified location while idling or waiting for customers. k. Upon receipt of any substantiated complaints, as determined by the City Administrator, the resolution will be placed on the next available City Council agenda for review. 6. During periods of flooding, multi-purpose tour cycles will not be allowed to operate on Water Street. 7. The rate for the reserved on-street parking space on Water Street is $9 per day. The fee for 2024 will be $756. This must be paid by April 30th. Adopted by the Stillwater City Council this 6th day of February, 2024. CITY OF STILLWATER _____________________________ Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: February 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Parking Reservation Renewal for Stillwater Trolley DISCUSSION The City Council previously approved a parking stall reservation for two parking stalls on Nelson Street for Stillwater Trolley. The agreements typically were approved for three year terms. As part of ongoing updates and lease renewals to ensure market-rate returns, Staff is suggesting a rate adjustment for 2024 to $1,512 (previously $1,290). This increase in rate acknowledges, that while the operation only operates a few days per year, it does tie up a parking stall year round. This current step is an interim step until a broader conversation about Downtown Parking can be had later this fall after one year of operation of the new Downtown Parking Fee Schedule. RECOMMENDATION Staff recommends the City Council adopt the attached resolution, renewing the parking reservation for Stillwater Trolley on Nelson Street for 2024. ACTION REQUESTED Motion to adopt the attached resolution, renewing the parking reservation for Stillwater Trolley on Nelson Street for 2024. City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION GRANTING PARKING STALL RESERVATION TO RIVERTOWN TRANSPORTATION, LLC DBA STILLWATER TROLLEY FOR THE OPERATION OF TROLLEY TOURS IN 2024 AND RESCINDING RESOLUTION 2021-021 WHEREAS, Rivertown Transportation, LLC dba Stillwater Trolley has made a request to renew permission to reserve two parking stall on Nelson Street to operate, a trolley tour, on City roadways downtown; and WHEREAS, the City Council of the City of Stillwater approved Resolution 2021-021 on February 2, 2021 for permission to operate the trolley tour business in 2021, 2022, and 2023; and WHEREAS, the business will operate in substantially the same manner in 2024. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants a license to Rivertown Transportation, LLC dba Stillwater Trolley to reserve two parking stalls to operate a trolley tour on City roadways subject to the following conditions: 1. Review and approval by the Police Department and the Public Works Department. 2. This resolution is valid through December 31 of the year issued. Any new permission requires a new application from the City Clerk. 3. No approval will be granted without proof of general liability insurance in the minimum amount of $1,500,000 per occurrence. 4. Operating restrictions and conditions: a. No tour vehicle may be operated upon a public sidewalk. b. No tour vehicle may use any public street or other public property as a waiting area unless such area is a legal motor vehicle parking area. c. Public safety is paramount in the operation of any multiple-purpose tour cycle. Consequently, each multiple-purpose tour cycle must be equipped with the following: i. Front and rear turn signals ii. Head lights iii. Tail lights iv. Any other equipment required to comply with applicable federal and state laws d. All multi-purpose tour vehicles are, at all reasonable times, subject to inspection by the City of Stillwater. e. Tour vehicle operators must have in their possession a valid driver's license while in control of any multiple-purpose tour vehicle, and shall operate the tour vehicle in compliance with all applicable federal, state, and local traffic laws, and in a manner so as to assure the safety of persons and property. f. All tour vehicle operators must obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. g. The City reserves the right to alter or limit tour vehicle operations to specified routes and streets if required for public safety reasons. h. If Mulberry Point should be limited to pedestrian traffic only, the City reserves the right to eliminate the tour vehicle access to this area. i. The City reserves the right to require that any idle tour vehicle be parked in a specified location while idling or waiting for customers. j. Upon receipt of any substantiated complaints, as determined by the City Administrator, the resolution will be placed on the next available City Council agenda for review. 5. During periods of flooding, tour vehicles will not be allowed to operate on Water Street. 6. The rate for the reserved on-street parking space on Water Street is $9 per day. The fee for 2024 will be $1,512. This must be paid by April 30th. Adopted by the Stillwater City Council this 6th day of February, 2024. CITY OF STILLWATER ___________________________ Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: February 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Agreement for MK Mechanical DISCUSSION MK Mechanical Inc., provides preventive and general maintenance on the mechanical equipment for several City buildings, including; City Hall, parking ramp, old and new public works building, Fire Hall, W ater Department building and Teddy Bear Park Buidling. RECOMMENDATION Staff recommends entering into an agreement with MK Mechanical Inc., for preventative maintenance services on City Buildings for 2024. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH MK MECHANICAL INC. FOR PREVENTATIVE MAINTENANCE SERVICES FOR CITY BUILDINGS 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 9th day of February, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and MK Mechanical Inc., 23996 Olinda Trail N, Scandia, MN 55073 (“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: General Preventive Maintenance 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. Four proposals dated 01/02/2024, and two proposals dated 01/30/24 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 Mick Greiner, 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 Mike Kastner 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. An Umbrella or Excess Liability insurance policy may be used to supplement the Consultant’s policy limits to satisfy the full policy limits required by the Contract. 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. An Umbrella or Excess Liability insurance policy may be used to supplement the Consultant’s policy limits to satisfy the full policy limits required by the Contract. 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: Mick Greiner Or e-mailed: mgreiner@stillwatermn.gov If to Consultant: MK Mechanical Inc., 23996 Olinda Trail N. Scandia, MN 55073 Attention: Mike Kastner Or e-mailed: mike@mkmech.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. 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 MK Mechanical Inc, By: Its: Date: Project Description: General Preventive Maintenance .. , , .. ; I '<\# 1,# I • M I 1~, I I ! Mechanical Inc. 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Date: Tuesday, January 02, 2024 City of Stillwater To: Attn: 216 North Fourth Street Stillwater, MN 55082 Mick Greiner Cell 651-413-5985 mgreiner@ci.stillwater.mn.us Mick Greiner Re: General Preventive Maintenance Agreement at Stillwater City Hall WE PROPOSE to furnish labor and materials to replace filters, belts, and complete general preventive maintenance at Stillwater City Hall on the equipment listed in attachment. If a lift is required, it will be billed as an extra to the bid amount below. Scope of Work: General maintenance and preventive maintenance as per attached Equipment List • Filters and parts extra 810 AMOUNT PER YEAR BID AMOUNT PER QUARTER: As always, we will work with you and provide the best service and pricing available. $5,844.00 $1,461.00 Customer agrees to pay MK Mechanical all amounts due for any services or materials provided upon receipt of any invoices from MK Mechanical. Customer agrees to a service charge of 1.5% on all balances thirty (30) days or more past due. Customer also specifically agrees to pay MK Mechanical for all collection costs, including employee and employer time and expense, and all attorney fees and legal cost incurred in either collection of or protection of MK Mechanical' s interest in customers past due accounts or performance of the work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and material basis for all services or materials provided to the customer including but not limited to the time MK Mechanical has expanded in preparing any invoices and estimates, and an additional consulting and adjusting fee equal to 20% of the total services and materials MK Mechanical provided to the customer for the work up to and including the date of such termination or breach, which fee represents the industry standard for reasonable profits and overhead generally paid and is not a penalty. Any change or modification to this agreement and these terms must be in writing and change orders signed by both parties. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MK Mechanical will not be held liable for agreements contingent upon strikes, accidents or delays beyond our control. Building owner shall carry fire, property and other necessary insurance. Our workers are covered by workmen's compensation insurance. MK Mechanical will not be responsible for, nor v.~ll bid on this project, any work or cost of asbestos abatement. Building owner shall provide safe work area with free access to carry out above work. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be performed during normal workday on straight time unless otherwise noted. Matetials are to be paid for upon delivery to the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's wammty or guarantee. This agreement and quote is "Prelien Notification" and "Lien Claimants Notice" as required by Minnesota Law. Authorized Signature Accepted By __________ _ Title _____________ _ Mike Kastner Date ______________ _ Page1 A ~-• 1 ",,' I #" I • tl I 1", I I ! Mechanical Inc. 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Date: Tuesday, January 02, 2024 City of Stillwater To: Attn: 216 North Fourth Street Stillwater, MN 55082 Mick Greiner Cell 651-413-5985 mgreiner@ci.stillwater.mn.us Mick Greiner Re: General Preventive Maintenance Agreement at Stillwater City Parking Garage WE PROPOSE to furnish labor and materials to clean filters, and complete general preventive maintenance at Stillwater City Parking Garage on the equipment listed in attachment. Scope of Work: General maintenance and preventive maintenance as per attached Equipment List • Filter and parts extra BID AMOUNT PER YEAR BID AMOUNT PER QUARTER: As always, we will work with you and provide the best service and pricing available. $1,995.00 $498.75 Customer agrees to pay MK Mechanical all amounts due for any services or materials provided upon receipt of any invoices from MK Mechanical. Customer agrees to a service charge of 1.5% on all balances thirty (30) days or more past due. Customer also specifically agrees to pay MK Mechanical for all collection costs, including employee and employer time and expense, and all attorney fees and legal cost incurred in either collection of or protection of MK Mechanical' s interest in customers past due accounts or performance of the work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and material basis for all services or materials provided to the customer including but not limited to the time MK Mechanical has expanded in preparing any invoices and estimates, and an additional consulting and adjusting fee equal to 20% of the total services and materials MK Mechanical provided to the customer for the work up to and including the date of such termination or breach, which fee represents the industry standard for reasonable profits and overhead generally paid and is not a penalty. Any change or modification to this agreement and these terms must be in writing and change orders signed by both parties. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MK Mechanical will not be held liable for agreements contingent upon strikes, accidents or delays beyond our control. Building owner shall carry fire, property and other necessary insurance. Our workers are covered by workmen's compensation insurance. MK Mechanical will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement. Building owner shall provide safe work area with free access to carry out above work. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be performed during normal workday on straight time unless otherwise noted. Materials are to be paid for upon delivery to the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's warranty or guarantee. This agreement and quote is "Prelien Notification" and "Lien Claimants Notice" as required by Minnesota Law. Authorized Signature Accepted By ___________ _ Title _____________ _ Mike Kastner Date. _______________ _ Page 1 ft ~--1',;#1 ;• I • t._# I 1', 1 1 ~ Mechanical Inc. 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Date: Tuesday, January 02, 2024 City of Stillwater To: Attn: 216 North Fourth Street Stillwater, MN 55082 Mick Greiner Cell 651-413-5985 mgreiner@ci.stillwater.mn.us Mick Greiner Re: General Preventive Maintenance Agreement at Stillwater Fire Hall WE PROPOSE to furnish labor and materials to replace filters, belts, and complete general preventive maintenance at Stillwater Fire Hall on the equipment listed in attachment. If a lift is required it will be billed as an extra to the bid amount below. Scope of Work: General maintenance and preventive maintenance as per attached Equipment List • Filters and Parts extra BID AMOUNT PER YEAR BID AMOUNT PER QUARTER: $6,100.00 $1,525.00 As always, we will work with you and provide the best service and pricing available. Customer agrees to pay MK Mechanical all amounts due for any services or materials provided upon receipt of any invoices from MK Mechanical. Customer agrees to a service charge of 1.5% on all balances thirty (30) days or more past due. Customer also specifically agrees to pay MK Mechanical for all collection costs, including employee and employer time and expense, and all attorney fees and legal cost incurred in either collection of or protection of MK Mechanical's interest in customers past due accounts or performance of the work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and material basis for all services or materials provided to the customer including but not limited to the time MK Mechanical has expanded in preparing any invoices and estimates, and an additional consulting and adjusting fee equal to 20% of the total services and materials MK Mechanical provided to the customer for the work up to and including the date of such termination or breach, which fee represents the industry standard for reasonable profits and overhead generally paid and is not a penalty. Any change or modification to this agreement and these terms must be in writing and change orders signed by both parties. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MK Mechanical will not be held liable for agreements contingent upon strikes, accidents or delays beyond our control. Building owner shall carry fire, property and other necessary insurance. Onr workers are covered by workmen's compensation insurance. MK Mechanical will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement. Building owner shall provide safe work area with free access to carry out above work. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be performed during normal workday on straight time unless otherwise noted. Materials are to be paid for upon delivery to the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's warranty or guarantee. This agreement and quote is "Prelien Notification" and "Lien Claimants Notice" as required by Minnesota Law. MKM#IA Authorized Signature Accepted By ___________ _ Title _____________ _ Mike Kastner Date _______________ _ Page 1 ., , .• i I ~.# Ii I ., 1 1 ! Mechanical Inc. 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Date: Tuesday, January 02, 2024 City of Stillwater To: Attn: 216 North Fourth Street Stillwater, MN 55082 Mick Greiner Cell 651-413-5985 mgreiner@ci.stillwater.mn.us Mick Greiner Re: General Preventive Maintenance Agreement-Stillwater Public Works Bldg WE PROPOSE to furnish labor and materials to replace filters, belts, and complete general preventive maintenance at Stillwater public works on the equipment listed in attachment. If a lift is required it will be billed as an extra to the bid amount below. Scope of Work: General maintenance and preventive maintenance as per attached Equipment List • Filters, belts, lift, and parts extra BID AMOUNT PER YEAR BID AMOUNT PER QUARTER: $6,825.00 $1,706.25 As always, we will work with you and provide the best service and pricing available. Customer agrees to pay MK Mechanical all amounts due for any services or materials provided upon receipt of any invoices from MK Mechanical. Customer agrees to a service charge of 1.5% on all balances thirty (30) days or more past due. Customer also specifically agrees to pay MK Mechanical for all collection costs, including employee and employer time and expense, and all attorney fees and legal cost incurred in either collection of or protection of MK Mechanical' s interest in customers past due accounts or performance of the work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and material basis for all services or materials provided to the customer including but not limited to the time MK Mechanical has expanded in preparing any invoices and estimates, and an additional consulting and adjusting fee equal to 20% of the total services and materials MK Mechanical provided to the customer for the work up to and including the date of such termination or breach, which fee represents the industry standard for reasonable profits and overhead generally paid and is not a penalty. Any change or modification to this agreement and these terms must be in writing and change orders signed by both parties. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MK Mechanical will not be held liable for agreements contingent upon strikes, accidents or delays beyond our control. Building owner shall carry fire, property and other necessary insurance. Our workers are covered by workmen's compensation insurance. MK Mechanical will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement. Building owner shall provide safe work area with free access to carry out above work. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be performed during normal workday on straight time unless otherwise noted. Materials are to be paid for upon delivery to the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's warranty or guarantee. This agreement and quote is "Prelien Notification" and "Lien Claimants Notice" as required by Minnesota Law. MKM~:{ld//!:z:;;. Authorized Signature Accepted By __________ _ Title _______________ _ Mike Kastner Date ______________ _ Page 1 .... .. -, ...,,/ I ;., I • •# I 1', I 1 ! Mechanical Inc. 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Date: Tuesday, January 30, 2024 City of Stillwater To: Attn: 216 North Fourth Street Stillwater, MN 55082 Mick Greiner Cell 651-413-5985 mgreiner@ci.stillwater.mn.us Mick Greiner Re: General Preventive Maintenance Agreement at Stillwater Teddy Bear Park WE PROPOSE completing general preventive maintenance at Stillwater's Teddy Bear Park on the furnace. Scope of Work: Summer: Cleaning AC unit, condenser, condensate drains/ traps. Check filter and general operation. Winter: Clean flame rods, ignitors, and safeties. Check general operation. BID AMOUNT PER YEAR BID AMOUNT PER QUARTER: As always, we will work with you and provide the best service and pricing available. $630.00 $157.50 Customer agrees to pay MK Mechanical all amounts due for any services or materials provided upon receipt of any invoices from MK Mechanical. Customer agrees to a service charge of 1.5% on all balances thirty (30) days or more past due. Customer also specifically agrees to pay MK Mechanical for all collection costs, including employee and employer time and expense, and all attorney fees and legal cost incurred in either collection of or protection of MK Mechanical' s interest in customers past due accounts or performance of the work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and material basis for all services or materials provided to the customer including but not limited to the time MK Mechanical has expanded in preparing any invoices and estimates, and an additional consulting and adjusting fee equal to 20% of the total services and materials MK Mechanical provided to the customer for the work up to and including the date of such termination or breach, which fee represents the industry standard for reasonable profits and overhead generally paid and is not a penalty. Any change or modification to this agreement and these terms must be in writing and change orders signed by both parties. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MK Mechanical will not be held liable for agreements contingent upon strikes, accidents or delays beyond our control. Building owner shall carry fire, property and other necessary insurance. Our workers are covered by workmen's compensation insurance. MK Mechanical will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement. Building owner shall provide safe work area with free access to carry out above work. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be performed during normal workday on straight time unless otherwise noted. Materials are to be paid for upon delivery to the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's warranty or guarantee. This agreement and quote is "Prelien Notification" and "Lien Claimants Notice" as required by Minnesota Law. Authorized Signature Accepted By __________ _ Title ______________ _ Mike Kastn Dme _____________ _ Page1 ··~ #"· ; I ,, 1,, I • M I I~~ 1 1 ! Mechanical Inc. 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Date: Tuesday, January 30, 2024 City of Stillwater To: Attn: 216 North Fourth Street Stillwater, MN 55082 Mick Greiner Cell 651-413-5985 mgreiner@ci.stillwater.mn.us Mick Greiner Re: General Preventive Maintenance Agreement at Stillwater Water Department WE PROPOSE completing general preventive maintenance at Stillwater Water Dept on the two (2) Furnaces. Scope of Work: Summer : Cleaning AC unit, condenser, condensate drains/ traps. Check filter and general operation. Winter: Clean flame rods, ignitors, and safeties. Check general operation. BID AMOUNT PER YEAR 8ID AMOUNT PER QUARTER: As always, we will work with you and provide the best service and pricing available. $1260.00 $ 315.00 Customer agrees to pay MK Mechanical all amounts due for any services or materials provided upon receipt of any invoices from MK Mechanical. Customer agrees to a service charge of 1.5% on all balances thirty (30) days or more past due. Customer also specifically agrees to pay MK Mechanical for all collection costs, including employee and employer time and expense, and all attorney fees and legal cost incurred in either collection of or protection of MK Mechanical' s interest in customers past due accounts or performance of the work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and material basis for all services or materials provided to the customer including but not limited to the time MK Mechanical has expanded in preparing any invoices and estimates, and an additional consulting and adjusting fee equal to 20% of the total services and materials MK Mechanical provided to the customer for the work up to and including the date of such termination or breach, which fee represents the industry standard for reasonable profits and overhead generally paid and is not a penalty. Any change or modification to this agreement and these terms must be in writing and change orders signed by both parties. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MK Mechanical will not be held liable for agreements contingent upon strikes. accidents or delays beyond our control. Building owner shall carry frre, property and other necessary insurance. Our workers are covered by workmen's compensation insurance. MK Mechanical will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement. Building owner shall provide safe work area with free access to carry out above work. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be performed during normal workday on straight time unless otherwise noted. Materials are to be paid for upon delivery to the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's warranty or guarantee. This agreement and quote is "Prelien Notification" and "Lien Claimants Notice" as required by Minnesota Law. Authorized Signature Accepted By ___________ _ Title ______________ _ Mike Kastner Dme ______________ _ Page 1 DATE: February 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Wade Wellner, Streets Superintendent SUBJECT: Purchase of Front-End Loader with Plow & Wing BACKGROUND In the 2024 Capital Outlay budget, the purchase of a loader with a front plow and wing was planned for the Street Department to replace a 16-year-old loader. The loader is used for plowing and removing of snow during the winter months and has been used for loading and moving material and jersey barriers during flood fighting efforts. A quote of $331,542.00 has been received from Zeigler CAT for a 2024 930M Cat loader, from the State Bid Contract, and includes a snow plow and wing package. Ziegler CAT has offered a trade in value of $52,800.00, for the 2008 CASE loader, for a total purchase price of $278,742.00. $300,000.00 was budgeted for purchase in the 2024 Capital Outlay Streets Fund. RECOMMENDATION It is recommended that council consider and authorize the purchase of a front-end loader with a plow and wing package from Zeigler CAT in the Total Amount of $278,742.00 using funds from the 2024 Streets Capital Outlay budget. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion authorizing the purchase of the 2024 Loader from Ziegler CAT, with the plow and wing package. DATE: January 30, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Roll-off Hauler License BACKGROUND Gene’s Disposal Service Inc., has submitted an application and fee for a 2024 Roll-off only Haulers License. RECOMMENDATION Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving a roll-off hauler license to Gene’s Disposal Service Inc. contingent upon the satisfactory completion of application submittal requirements. DATE: February 6, 2024 TO: Honorable Mayor and Council Members FROM: Ben Gutknecht, Planning Manager SUBJECT: Case No. CD 2022-24: Correction of an Approved Right of Way Vacation (Third Street North), BACKGROUND On September 6, 2022 the City Council adopted Resolution 2022-113, approving the Vacation of a portion of unopened Right-of-Way (ROW) for Third Street North. Per State Statute, when ROW is vacated the property is split into equal portions that are then attached to the adjacent property owners. In this case, half of the right of way was to go to 101 Hazel Street East and the other half to Schulenburg Park. Recently, it discovered that the entirety of the vacated ROW was added to 101 Hazel Street East. Staff has confirmed with the County’s Recorders Office and County Surveyor that this can be rectified with the recording of an amended resolution. Attached to this report is an amended resolution vacating a portion of unopened ROW (Third Street North). The resolution clarifies that the ROW shall be split in half between City Property (Schulenburg Park) and 101 Hazel Street East. Because the City Council has already approved Vacating the ROW , another Public Hearing is not required. ACTION REQUESTED Motion to adopt the enclosed Resolution correcting the vacation of a portion of public right of way known as Third Street North. µ 0 125 25062.5 Feet General Site Location Site Location 3rd St N (Unopened Right of Way)Adjacent to 101 Hazel St E ^ T he Bir thp lace of M . ~ in nesota ,) VA C A T E D T H I R D S T R E E T E. H A Z E L S T R E E T DO C . N O . 5 5 3 6 2 5 S. LINE, LOT 1 S. LINE, N. 1/2, LOT 2 (& easterly extension thereof) N. LINE, LOT 1 W. L I N E , T H I R D S T . R O A D W A Y E A S E M E N T P E R D O C . N O . 7 5 5 2 2 7 N. LINE, LOT 3 (& easterly extension thereof) N. LINE, RESOLUTION NO. 7807 & DOCUMENT NO. 553625 N. T H I R D S T R E E T 25 25 25 25 PID: 21.030.20.13.0033 PID: 21.030.20.13.0030 101 HAZEL ST., EAST PID: 21.030.20.13.0032 PID: 21.030.20.13.0031 K. MIDDLETON STILLWATER, MN PR O P O S E D V A C A T I O N PID: 21.030.20.13.0037 SOUTH LINE, HAZEL ST. T:\3322 Gim Middleton\.010 Bdry & Topo @ 101 Hazel Street, Stillwater\CAD\3322.010_C3D-Vacation Exhibit.dwg 7/15/2022 4:06 PM ©Rehder & Associates, Inc. 2022. All Rights Reserved JOB #:DRAWN BY: FOR: Civil Engineers & Land Surveyors SHEET: STILLWATER, MN PART OF NORTH THIRD STREET CARLI & SCHULENBURG'S ADDITION WASHINGTON COUNTY, MN GIM MIDDLETON 3322.010 EJR N 1 OF 1 SCALE IN FEET 0 40 PROPOSED VACATION DESCRIPTION: That part of North Third Street as dedicated in the plat of CARLI & SCHULENBURG'S ADDITION as perfected and on file in the office of the County Recorder, Washington County Minnesota, described as follows: All that part of said North Third Street lying south of East Hazel Street & north of the north line of Lot 3, Block 46 and its easterly extension. Said north line being the same as that described in Document No. 553625. Subject to easements & restrictions of record, if any _______________________________ Edward J. Rock III License Number 43810 SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________ Date 07/15/2022 = PROPOSED STREET VACATION ,, A r"'\ I I I /_\ f-(' I I \. _, I \ I \ L -I ,, I A , ,< I I I I I -----1 A r,r,,-,-,,,A. 1 I_\ I I I I I I I I I I\ I I \ L ✓ L ✓ I I I '-"' I '# I I - -_J 1•,11 I ,,1•1 111111 I 111111 '''"-"-"" ,, l__ - - \ \ 'J,~ \ \ \ \ \ ,., -r-r,r-r--,.. .. ., I ,_, ►• ►• I .,., I I 1 L-L-I ,,. ... ,, , , , , , r-" , r,, ', I f--11 II f--I\I f--< I ,r,[,,,,., 11-t" , ...... ,, 'f-, ,-' \ \--, I (~ v"' ,-,''-1 ,_, \ ·~, \ \ !~ \ \ I / A ,,-, \ I I_\ ', l , ' .... .,,, \ \ \ --\-_\_I_ - }~ \ ,: I I I -------- ,. I I r, r-r, r-r-,, -,-r-r, I I-,., I--,-. t' I--I--I I I--I I I I L-I \ I L-'-"' I L-L; / STREET VACATION EXHIBIT REHDER & ASSOCIATES, INC. 3440 Federal Drive, Suite 110 Eagan, MN 55122 (651) 452-5051 www.rehder.com CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2024-____ AMENDED RESOLUTION VACATING A PORTION OF UNBUILT PUBLIC RIGHT-OF-WAY LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA WHEREAS, by that certain plat of Carli and Schulenburg’s Addition to Stillwater, Minnesota recorded on November 30, 1867 in the Washington County Register of Deeds, as amended by that certain Sectional Map of Stillwater Minn. recorded as Document No. 416049 on March 19, 1981 in the Washington County Recorder’s Office, Third Street was dedicated as a public right-of-way; and WHEREAS, Kathleen M. Middleton Revocable Trust, dated December 9, 1997, as amended (“Owner”), is the fee owner of the following real property in Washington County, Minnesota, with a property address of 101 Hazel Street, Stillwater, MN 55082 and legally described as: The East 50 feet of Lot 1 and East 50 feet of the North Half of Lot 2, all in Block 46, Carli and Schulenburg’s Addition to Stillwater, Minnesota Abstract Property PID: 21.030.20.13.0030 AND The South Half of Lot 2, Block 46, Carli and Schulenburg’s Addition to Stillwater, Minnesota Abstract Property PID: 21.030.20.13.0032 (“Owner’s Property”); and WHEREAS, the City of Stillwater (“City”) is the fee owner of the following real property in Washington County, Minnesota, legally described as follows: Lots 1-6, Block 47, together with the East half of adjacent vacated Third Street, Carli and Schulenberg’s Addition to Stillwater. Abstract Property PID: 21.030.20.13.0037 (“City Property”); and 2 WHEREAS, Owner petitioned to vacate a portion of Third Street that is located between Owner’s Property and City Property; and WHEREAS, Third Street is legally described as follows: That part of North Third Street as dedicated in the plat of CARLI & SCHULENBURG’S ADDITION as perfected and on file in the office of the County Recorder, Washington County Minnesota, lying South of East Hazel Street and North of the north line of Lot 3, Block 46 and its easterly extension. Said north line being the same as that described in Document No. 553625. Subject to easements & restrictions of record, if any. and depicted on Exhibit A (“Street”), attached hereto and incorporated herein; and WHEREAS, the Street was never built; and WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the majority landowners, with a majority vote of its members, the City Council may vacate any street, alley, public grounds, public way or any part thereof within the City by Resolution; and WHEREAS, the City of Stillwater wishes to vacate the Street described above and depicted on Exhibit A for the benefit of Owner and the City, and to convey by operation of law, half of said Street to Owner’s Property and half to City’s Property; and WHEREAS, a notice of a public hearing on said vacation was duly published, posted and mailed in accordance with applicable Minnesota Statutes, and a public hearing was held on said vacation; and WHEREAS , the City Council of Stillwater then proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the granting of said vacation; and WHEREAS, the City Council of Stillwater has determined that the vacation would be in the public interest. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater as follows: 1. That pursuant to Minn. Stat. § 412.851, hereby vacates the Street described above and depicted on Exhibit A. 2. That said vacation has no relationship to the City’s Comprehensive Plan and therefore the Stillwater City Council has dispensed with the requirements of Minn. Stat. § 462.356, Subd. 2, that may require the Stillwater Planning Commission to perform a Comprehensive Plan compliance review of said vacation that may constitute a disposal of real property 3 pursuant to § 462.356, Subd. 2. 3. That the City Clerk shall prepare a notice to be presented to the Washington County Auditor reflecting the completion of the proceedings herein. Adopted this day of February, 2024. By: Ted Kozlowski Mayor By: Beth Wolf City Clerk A- 1 EXH I B I T A DEP I C T I O N O F S T R E E T T O B E V A C A T E D _______________ _J L_ - ---- ---- ---- --- ,, •,• ~, :-~ :~ !. : ·' ,· ';· ::: ._, N. LINE.LOT1 PI D: 21.030.20.13.0031 ~:~ _S~E.LOT1 I T E. K. MIDDLETON 101 HAZELJ ST .. EAST STILLWAf'ER , MN PIO: 21 .030.20 .13.0030 2 S. LINE , N. 112, LOT 2 ($ easterty extension thereof) PIO: 2 1.030.20 .13.0032 • ,. ... ,. ... I -,• I <', • , ,_,' '' ''' '' '''' , 1 ......... ' ' ' ,, ' • N. LINE, LOT 3 (& easterly ext~slon lhe,eo() N. LINE, RESOLUTION NO. 7807 & DOCUMENT NO. 553625 PIO: 21 .030.20.13.0033 HAZEL t;; ~ al ~ I STREET I V.4C.<: TED WU.i.O\·Y €:-Rehder & Associates,_ Inc. 2022. All Rights Reserved T:\1322 Gim Middelon\010 Bdry & Topo@ 101 Hazel Street , Stiltwaler\CAD\3322 .010_C3~Vecatlon Exhlbit.dwg 7I15n022 4:06 PM ---,-- ,. "• " " r-"" ",_[__,,. :;:,:;:):_t::':t~::;:( •. I I I ·;. I ::r·-1- •,:~ I \~1'0 \ ~~o-z \ •; "f "'-'-\ PIO: 21 .030 .20 .13.0037 ~~ Y'\ \ -;,'1-\ \ "-:."' I : :-: :: \--\--\ I \ \\~ \. I "'- _,. "" " --. ·: r, r-r, r -r-,, -.-r-r,, .. , ..... ., ...... ' ' ... ' ' ' I '-• l " '--,, I '-• .__, / N + . I . •o I""""'.-I SCAL E IN FEET PROPOSED VACATION DESCRIPTION: That part of North Third Street as ded icated in the plat of CARLI & SCHULE N BU RG'S ADDITION as perfect ed and on fil e in the office of the County Reco rde r, Washington Cou nty Minnesota, describ ed as fo llows: All that part of said North Th ird St reet lying sou th of East Hazel Stree t & no rth of the no rth line of Lot 3, Block 46 and its east erl y ex te nsio n. Sa id north line being th e same as that describ ed in Document No. 553625. Su bject to easements & restrictions o f record, if a ny ~ PROPOSED STREET VACATION SURVEYOR'S CERTI FI CATION I hereby certify Iha\ this survey. plan, or report wn prepared by me or under my drect supervision and thet I am a duly Licensed Land surveyor under the laws dthe State of Minnesota . Edward J. Rock Ill License Number 438 10 = Date STREET VACATION EXHIBIT PARTOFNORTHTHIROSTREET SllLLWATER MN CAR LI a. SCHULENBURG'$ ADDITION ~ REHDER -::•;:-:.:••UD WASH INGTONCOUNTY,MN a ASSOCIATES, INC. (551) 462--5051 FOR : GIM MIOOlETON -~~HJn,;ln~_lH!!d _Sll!!_t)'~~ www.rehder.c• JOB #: 3322 .010 DRAWN BY : EJR SHEET : l OF l DATE: January 23, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Waste Management Contract Amendment for Yard Waste Collection DISCUSSION Waste Management brought a service proposal for yard waste collection to City Council on August 2, 2023. Waste Management proposed all customers in Stillwater receive a 96 gallon cart for collection of yard waste. The carts will be labeled for yard-waste collection only and be collected with an automated side loader vehicle. This allows the drivers to be more efficient, have less risk of injury and residents will use less bags. Waste Management will continue to collect an unlimited amount of yard waste but will require residents to fill the cart first before adding any bagged yard waste along the curb. If a resident chooses not to have a yard-waste cart, they will not be able to set out yard waste bags. Waste Management will be responsible for the costs of the carts, including maintainence and delivery of the carts. Residents currently “renting” a yard waste cart will no longer be charged that extra cost. The monthly pricing of yard-waste collection will not change. Waste Management would like to implement this change beginning in March. Education material will be mailed to all residents prior to implementation. Attached is an amendment to the Municipal Solid Waste and Recycling Service Agrement with Waste Management for this yard waste collection service. RECOMMENDATION Staff recommends Council approve the contract amendment with Waste Management. ACTION REQUESTED If Council concurs with Staff, they should pass a motion to amend the Municipal Solid Waste and Recycling Service Agreement with Waste Management for yard waste cart collection. 1 THIRD AMENDMENT TO THE MUNICIPAL SOLID WASTE AND RECYCLING SERVICE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASTE MANAGEMENT OF MINNESOTA, INC. THIS THIRD AMENDMENT (“Amendment”) is entered into this ___ day of ___________, 2024, by and between the City of Stillwater, Minnesota (“City”) and Waste Management of Minnesota, Inc. (“Contractor”). WHEREAS, the City entered into a Municipal Solid Waste and Recycling Service Agreement with Contractor on July 1, 2016, an Amendment on January 21, 2020 and a Second Amendment on May 18, 2021, (the “Agreement”); and WHEREAS, City and Contractor desire to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. The following shall be added to Section 10 of the Agreement: 10.10 Beginning ___________, 2024, the Contractor shall furnish and deliver 96- gallon Carts to residents for the collection of Yard Waste. Contractor will still allow an unlimited amount of Yard Waste to be collected, but residents will be required to fill the Yard Waste Cart before placing excess Yard Waste in compostable bags placed next to the Yard Waste Cart for collection. 10.11 Yard Waste carts will remain the property of the Contractor. 10.12 There will be no change to the pricing of Yard Waste to residents as listed on Appendix A-1 of the Agreement, except that residents that are currently being charged extra for carted yard-waste service will no longer be charged. 2. Section 19 of the Agreement is hereby removed in its entirety and shall not be replaced. 3. The remaining terms and conditions of the Agreement shall remain unchanged and continue in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have signed and executed this Third Amendment on the day and year first written below. CITY OF STILLWATER Date: Mayor Ted Kozlowski Date: City Clerk Beth Wolf WASTE MANAGEMENT OF MINNESOTA, INC. Date: Signature By: Its: __________________________ DATE: February 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Angela Ross, Community Development Admin. Assistant SUBJECT: Short-Term Home Rental License Applications BACKGROUND According to Section 41-8, new short-term home rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short -term home rentals and have deemed them complete for approval by the City Council. Because this is a conversion of historic building and a change in occupancy, there were some added complications that delayed the final build out. Staff is comfortable moving forward with issuance of license with the below appropriate conditions. Conditions of approval: 1. No renting until issuance of Certificate of Occupancy 2. No renting until passing Short Term Home Rental Building Department “Initial Inspection Report” 3. Updated proof of insurance for 2024 RECOMMENDATION Approval of the following Short-Term Home Rental License Applications: License Type Address Owner/Applicant Occupancy Type License Location Number of Licenses Short-term home rental 239 Nelson St E Elevage Stone House LLC, Corey Burstad Non-Owner Occupied Central Business District CBD ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications. REVISED City of Stillwater Washington County, Minnesota RESOLUTION 2024-017 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2024 STREET IMPROVEMENT PROJECT PROJECT 2024-02 WHEREAS, pursuant to resolution of the Council adopted July 18, 2023, a report has been prepared by the City Engineer with reference to the 2024 Street Improvement Project; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota; 1. The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $3,301,368.00. 2. A public hearing shall be held on such proposed improvement on the 6th day of February 2024, at the Stillwater City Hall Council Chambers and via Zoom at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 6th day of February 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk   1 Beth Wolf From:Stillwater Smoke Shop Plus Sent:Saturday, February 3, 2024 9:46 PM To:Beth Wolf; Nancy Manos Cc:Stillwater Smoke Shop Plus Subject:Feb 6th meeting - KMH Retail - Stillwater Smoke Shop license [CAUTION] *** This email originated from outside the organization. ***  Do not click links or open attachments unless you recognize the sender and know the content is safe.  Dear Nancy or Beth  Is it possible if you could forward this email to Mr. Mayor Kozlowski and Dear Council Members. thanks  Khalil Hammad   1300 W Frontage Rd Stillwater, MN 55082  Email:  Date: 2/3/2024  Mayor Ted Kozlowski,   City of Stillwater Council Members,  and City of Stillwater Staff  Dear Honorable Mayor Kozlowski, Council Members, and City Staff, I hope this letter finds you in good health and high spirits. I am Khalil Hammad, the owner of Stillwater Smoke Shop Plus, and I am writing to express my sincere apologies for not being present at the last meeting due to being out of state (Florida) on January 16th, 2024. I understand the importance of such proceedings, and I regret any inconvenience my absence may have caused. I am aware that my store's Cannabis license renewal application is still currently under consideration, and I want to address the concerns raised during the last meeting. I assure you that my intention is to cooperate fully and transparently with the city's regulations and ordinances. Firstly, I want to acknowledge my mistake in allowing the sale of a CBD product to an underage individual at my store. I take full responsibility for this isolated CBD occurrence and sincerely apologize for any issues this may have caused. My employee’s friend who had no business being behind the counter, and who I don’t even personally know, and who according to the Police Officer made the sale while the Employee who was supposed to be, was picking up his lunch from next door. This situation is very unacceptable and very upsetting to me, so I understand your frustration. I swiftly, and immediately took proper action to recover my business. I want to emphasize that employees are people, and people make mistakes. He should have not let his friend behind the counter. My employee made a huge mistake. However, it has never been our policy to sell any products to underage individuals. I believe that I don’t, and should not be treated in the same manner as the other CBD licensees in Stillwater. I agree with your decision to deny the CBD shop in Downtown. He is and continues to be in Clear defiance of the Laws of the State, and the city ordinances. According to city staff, he had more than ELEVEN (11) CBD violations in ONE inspection and was purposely and knowingly selling and manufacturing illegal products. Even the other Stillwater Tobacco shop, per the city staff report had more than THREE (3) CBD violations during one inspection, ranging from selling to minors to selling non-compliant products and, in one case, not even meeting the application’s minimum 50% CBD sales requirements which is an immediate disqualification. I understand the concerns about other businesses in the area that have faced violations. However, I want to highlight the distinctions between their situations and mine. My store has not accumulated multiple violations when it comes to the sale of CBD products. Our - 2 violation is ONE (1) CBD violation in a span of One year, and I have taken immediate steps to rectify the issue by implementing a two-hour staff training called stopsalestominors.org program and a scan ID program on our new CLOVER POS System. It is now impossible for any transaction to accrue without first Scanning the Customer ID. And since I don’t and I never sold any illegal products, and now that Everybody is scanned prior to any sale, I should not have any issues moving forward. I want to assure you that I am committed to maintaining full compliance with the state laws regarding the sale of CBD products. I have taken proactive measures to rectify the situation and ensure that such incidents do not happen again in the future. My store has been registered with the state, and I have welcomed the Department of Health's inspection to confirm that I am adhering to all legal requirements. Even though it is disheartening to have all three licenses fail the compliance check, I believe that each business should be treated fairly based on its unique circumstances and events. The current zero-tolerance policy, collective punishment while aiming to maintain compliance, might be considered unfair and should be escalated only if there are more than one occurrence or violation when it comes to this specific CBD ordinance. Try a larger monetary fine, or a one week suspension for example, but don't go to the ultimate extreme when we make one mistake. I am fully committed to ensuring that my store operates within the parameters set by the city and state. I have terminated any associates involved in the previous incident and have implemented measures to prevent future violations. I believe in the importance of education and compliance, and I am willing to work closely with the city to address any concerns and contribute to the improvement of our community. I understand the gravity of the situation, and I am humbly requesting your mercy and consideration in allowing my shop to continue selling legal products. I am committed to submitting my application for a Conditional Use Permit (CUP) by the date mentioned by city staff, April 1st, and I hope this can be taken into account in your decision-making process. At least this will be my new extended deadline. I know that time is not on our side here but, and hope that you have time to think about what I'm requesting. I would like to hear from each one of you, Ladies and Gentlemen, if possible, on how to proceed if my simple argument is not worthy. I personally believe it is worthy, and hope you feel the same. Thank you for your time and consideration. I am open to any further discussions or meetings to address any additional concerns you may have. I appreciate your understanding and look forward to the opportunity to continue serving the residents of Stillwater. Sincerely, Khalil Hammad Owner, Stillwater Smoke Shop Plus DATE: February 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Feasibility Study for the 2024 Street Improvement Project (2024-02) BACKGROUND In July of 2023, Council authorized a feasibility study for the 2024 Street Improvement Project. The streets selected in the study are based on the condition of the road that gave a condition index to guide us on the type of work that should be performed. Streets in the study for 2024 include: Mill & Overlay streets - Liberty area: • Adeline Grn • Eben Grn • Eben Ct. • Eben Way • Newman Trail • Liberty Ave. • Liberty Pkwy • Heritage Ct. • Kinship Green N • Homestead Green • Homeward way • Country Rd. • Harvest Grn • Heritage Ave. • Planting Grn • Farm Hill Green Rd Full Pavement Reconstruction: • Greeley Street S (Myrtle to Orleans St) • Lake Street W (West of Greeley) • Abbott St W (Greeley St. to Owens St. S) • Owens St S (Abbott St W to Willard St. W) • Willard St W (Owens St. S to Center St.S) • Center St S (Willard St. W. to Pine St. W.) • 2nd Street (Nelson St. to Willard St E) • 62nd Street (east of Timber Way) In all, there are 3.52 miles of streets proposed for improvements, 2.25 miles of mill and overlay, and 1.27 miles of full and partial pavement reconstruction. EXISTING CONDITIONS: Abbott St. and Willard St. area west of Greeley Street: The streets in this area were last worked on in the early 1970's. Abbott St. and Owens St. are built to be 22 ft. wide with asphalt curbs and have storm sewer infrastructure. Willard St. is built to be 22 ft, and Center St. S is built to be 28 ft. wide with no curbs. The area is served with water and sewer, and the watermain dead ends in three locations in this area. The storm sewer system is also available, but it needs updates. Alligator cracking and pothole patches exist on these streets. Soil borings show that the pavement thickness is 5-6 inches and about 6- 8 inches of gravel. City staff televised the sewer system, and there are a few locations with cracks in the main lines; spot repairs will be made to the sewer lines. Greeley Street: Greeley Street S was Last worked on in the early 1970s. The Street is built to be 43 ft wide with a concrete curb and gutter, a storm sewer system, and a concrete sidewalk on both sides of the road from Myrtle Street to Churchill Street. South of Churchill Street, the sidewalk is only on the west side of the road. Soil borings show the pavement section ranges from 5.0" - 9.0" of bituminous and 12.0" -19.0" of gravel. The Street has deep potholes and cracks in the pavement north of Churchill Street, and it is in better condition south of Churchill; some panels of the sidewalk are damaged, and some sections of the curb and gutter also need to be replaced. Adeline Grn Eben Grn Eben Ct. Eben Way Newman Trail Liberty Ave. Liberty Pkwy Heritage Ct 2024 Street Projects October 2023 = Proposed Mill & Overlay -Proposed Reconstruct 2nd Street: 2nd Street was last worked on in the early 1970's. 2nd Street between Nelson Street and Pine Street and between Walnut Street and Willard Street is built to 24 ft with no curbs; 2nd Street between Pine Street and Walnut Street is built to 28 ft Wide; utilities are available in the Street, and Storm sewer system is available also, but need updates. Alligator cracking and pothole patches exist on the Street. Soil borings show that the pavement thickness is 6-7 inches and about 12 plus inches of gravel. City staff televised the sewer system, and there are a few locations with cracks in the main lines; spot repairs will be made to the sewer lines. 62nd Street East of Timber Way: 62nd Street from Timber Way to Legend Boulevard is tapering from 36 feet wide at Timber Way to 22 feet wide at Legend Boulevard with no curb and gutters and no stormwater system; soil boring shows the road to have 4 inches of bituminous and 11 inches of gravel. Alligator cracking and pothole patches exist on the Street. Liberty Area: This area was constructed in 1998; the streets are built with concrete curb and gutter, sidewalk, and storm sewer. The streets are 24-28 ft wide, and the pavement section consists of 4 inches of bituminous and 8 inches of gravel. Cracking and potholes are present on the top layer of pavement, the base appears to be in good condition, and no routing or deep potholes are showing in the streets. Pedestrian ramps are installed but need to be compliant with current ADA standards; some sidewalk panels and curb sections are damaged and need to be replaced, and storm sewer grates need to be replaced to comply with ADA safety requirements. PROPOSED PROJECT: Full Street Reconstruction Abbott St. and Willard St. area west of Greeley Street, and 2nd Street: The contractor will reclaim the pavement on these streets and mix it with gravel base material. They will remove up to 4 inches of sub-base material, replace any soft spots in the streets with gravel, then spread the reclaimed material and add extra gravel as needed. The streets will be constructed with 4 inches of bituminous, and will match the existing width. A new concrete curb and gutter would be installed on both sides of the road. New storm sewer inlets and pipes will be added to ease drainage problems. Extending the water main from the dead ends and connecting them will help with providing better service to the properties along Owens Street S. and Willard Street. A few galvanized water services will be replaced and assessed to property owners, and other properties with extended copper services will be connected to the new water main. Partial Street Reconstruction Greeley Street: From Myrtle Street to Churchill Street, the pavement will be reclaimed and mixed with the base course, up to 5 inches of sub-base materials will be removed, pockets of bad soil under the pavement will be removed. The reclaimed materials will be spread, and extra gravel would be added as needed. This section of Greeley Street will be constructed with 5 inches of bituminous. New storm sewer inlets and pipes will be added to ease drainage problems, damaged sidewalk panels and sections of curb and gutter will be replaced together with all pedestrian ramps to meet ADA standards. The new pavement will be striped to allow for a parking/biking lane combined on both sides of the road. Greeley Street will have the top 4 inches of pavement milled and replaced from Churchill Street to Orleans Street West. A new storm sewer system will be added to divert the stormwater collected along Churchill Street heading north and ending in Lily Lake. Damaged sidewalk panels and sections of curb and gutter will be replaced together with all pedestrian ramps to meet ADA standards. The new pavement will be striped to allow for a parking/biking lane combined on both sides of the road from Churchill Street to the entrance to Lily Lake Park, and from the entrance to the park to Orleans Street West will be striped for a bike lane and one driving lane on each side of the road and a center-left turning lane to allow users to turn left into the park and the apartment buildings on the east side of the road. Damaged sidewalk panels and sections of curb and gutter will be replaced together with all pedestrian ramps to meet ADA standards. Mill and Overlay Liberty Area: The top 1.5 inches of pavement will be milled and replaced with a new pavement layer. Remove and replace sections of sidewalk and curb that are heaved or damaged; some storm sewer inlets and pedestrian ramps need to be replaced to meet current ADA requirements. Sanitary sewer manhole covers will be replaced with sealed ones to eliminate stormwater from entering the sewer system. PROJECT COST AND FINANCING: The project's total estimated cost is $3,301,368. This estimate includes design, surveying, inspection, administration, and contingencies. The project's funding is through assessments and permanent improvement bonds. Reconstruction areas According to the City Assessment Policy, street reconstruction and partial reconstruction projects are assessed 70% to the benefitting property owner and 30% from City funds; Greeley Street is a State Aid Road, and the properties are assessed at 50% and 50% from City funds, the properties are assessed by the unit method. Corner lots are assessed at 1/2 unit per side improved. Duplexes and condominiums are assessed at 0.8 Units. Commercial and City-owned lots are assessed by adjusted linear frontage feet. Abbott St. area west of Greeley Street: The estimated cost to reconstruct all these streets is $316,725. The regular units calculated assessment is $11,913. The appraised benefit value of these properties is $10,000. The cost of replacing water services is $51,330, assessed at 100% to 10 property owners at a rate of $5,133 per property; the cost of extending the water main and looping it in the area is $69,000 paid for by City funds. 2nd Street: The estimated cost to reconstruct this street is $286,833. The regular units calculated assessment is $8,750. The appraised benefit value of these properties is $10,000. Apartment houses are assessed at 0.2 extra for each apartment (a house with two apartments would be evaluated at 1.4 units). The cost of replacing water services is $10,2660, assessed at 100% to 2 property owners at $5,133 per property. 62nd Street: This Street has no assessments and is paid for by city funds. Greeley Street: Greeley is a State Aid Route assessed at 50% to property owners. Reconstruction of Greeley Street will be split into two sections: 1. Reconstructing the north section from Myrtle Street to Churchill Street is $780,362. The cost of replacing water services is $61,596, assessed at 100% to 12 property owners at $5,133. The extra width and heavier pavement section cost $258,026, paid for with City funds. The regular unit assessment is calculated at $ 8,598 per unit, and the appraised benefit value is $7,000. Business and City parks are assessed at $87.5/foot of frontage, not exceeding each property's appraised benefit. 2. Reconstructing the south section from Churchill to Orleans St. W. is $673,330. The cost of replacing water services is $15,399, assessed at 100% to three property owners at $5,133 per property. The extra width and heavier pavement section cost $184,613, and is paid for with City funds. The regular unit assessment is calculated at $ 1,550 per unit, and the appraised benefit value is $4,000. Business and City parks are assessed at $75/foot of frontage, not to exceed the appraised benefit for each property. The apartment buildings in the area are assessed at 0.8 units per City policy. Duplexes are assessed at 1.0 units per address. Mill and Overlay According to the City Assessment Policy, Mill and Overlay projects are assessed at 80% by the benefitting property owner and 20% by City funds. Liberty area: The estimated Cost to reconstruct these Streets is $908,894. The estimated cost per unit is $3,550 and the cost for the City Park is $34.50 per linear foot, according to the City policy. The appraised benefit value of these properties is $4,000 per property. The City hired Nagell Appraisal & Consulting to appraise properties chosen randomly to compare the estimated assessment to the appraised benefit of the properties included in this study. The table below shows a breakdown of the project costs and the preliminary assessment rates: * The assessments are capped by the actual benefit the project would provide to the properties. The actual assessment would be finalized when the project is finished. Estimated Assessment Rate* Mill and Overlay –Liberty area Mill and Overlay – Liberty area -City of Stillwater $ 36.50 LF 1,145 Reconstruction West of Greeley Street $ 11,913.00 $ 10,000.00 Unit 17.5 Reconstruction 2nd Street $ 8,750.00 $ 10,000.00 9.8 Partial Reconstruction Greeley Street Myrtle St. to Churchill St. $ 8,598.00 $ 7,000.00 Unit 23 Partial Reconstruction Greeley Street Myrtle St. to Churchill St. – Linear foot $ 87.50 LF 881 Mill & Overlay Greeley Street from Churchill to Orleans St. W $ 1,550.00 $ 4,000.00 Unit 91 Mill & Overlay Greeley Street from Churchill to Orleans St. W – Linear foot $ 75.00 LF 1165 Water Services $ 5,133.00 Unit 24 Construction Type Appraised Benefit Value Assessment Type Assess Units $ 3,550.00 $ 4,000.00 Unit 191 Total Assessment collected from the project = $1,486,105 City Funding = $1,815,263  Bonding $ 980,000  Utility funding $ 70,000  State Aid Funding $ 765,263 Total cost of the project = $3,301,368 PROPOSED PROJECT TIMELINE July 2023 Authorize Feasibility Study November 2023 Neighborhood meetings February 6, 2024 Presentation of Feasibility Study/Public Hearing/ Order Improvements February 20, 2024 Approve Plans and Specs/ Authorize bids March 28, 2024 Bid Opening April 3, 2024 Award Contract May – October 2024 Construction October 2024 Assessment Hearing RECOMMENDATION Since the project is feasible from an engineering standpoint and the project is cost-effective, it is recommended that Council accept the feasibility report for the 2024 Street Improvement Project and order a public hearing. After the public hearing is held, Council should order the improvement and preparation of plans and specifications for the 2024 Street Improvement Project. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion adopting Resolutions; 1. RESOLUTION 2024-____, RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2024 STREET IMPROVEMENT PROJECT (PROJECT 2024-02) 2. RESOLUTION 2024-_____, RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE 2024 STREET IMPROVEMENT PROJECT City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2024 STREET IMPROVEMENT PROJECT PROJECT 2024-02 WHEREAS, pursuant to resolution of the Council adopted July 18, 2023, a report has been prepared by the City Engineer with reference to the 2024 Street Improvement Project; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota; 1. The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $3,301,368.00. 2. A public hearing shall be held on such proposed improvement on the 6th day of February 2024, at the Stillwater City Hall Council Chambers and via Zoom at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 6th day of February 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE 2024 STREET IMPROVEMENT PROJECT PROJECT 2024-02 WHEREAS, pursuant to resolution of the Council adopted February 6, 2024, fixed a date for council hearing on the proposed 2024 Street Improvement Project; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon the 6th day of February 2024, at which time all persons desiring to be heard were given an opportunity to be heard thereon: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota; 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 6th of February 2024. 3. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for making such improvement. Adopted by the City Council this 6th day of February 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: February 6, 2024 TO: Honorable Mayor Kozlowski and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Stillwater Smoke Shop Plus CBD Retail License Renewal Application BACKGROUND A renewal application for a CBD (cannabinoid) Retail Establishment license was received from Stillwater Smoke Shop Plus. This matter was considered at the January 16, 2024 meeting, but the applicant was not present and the Council desired to give the applicant an opportunity to withdraw the application, therefore the application was continued to this meeting. The applicant was contacted after the meeting and expressed a desire to address the Council. DISCUSSION The full background and history of this matter can be found in the original Council packet from January 16, 2024. A summary of the relevant facts as related to Stillwater Smoke Shop Plus are provided below. Summary: This business has been in existence for many years but came under new ownership as of October 2022.1 The owner passed the background check, submitted supporting documentation which shows basic data that it may meet the criteria for 50% of sales related to CBD, and while the location is in the correct zoning district, the business needs a conditional use permit. The business failed the compliance check in December 2023 and sold to an underage buyer.2 ACTIONS TO BE CONSIDERED: The facts support either approval or denial of the license, therefore 2 resolutions have been prepared, depending on the outcome of the discussion by the Council. If approved, there will be a condition of approval that they obtain a CUP within 90 days. MOTION TO ADOPT RESOLUTION 2024- (APPROVING/DENYING) THE ISSUANCE OF CBD RETAIL ESTABLISHMENT LICENSE TO STILLWATER SMOKE SHOP PLUS ATTACHMENT Compliance Check Violation Report, Resolutions 1 On a related note, the business has failed two tobacco compliance checks in the last 12 months. 2 See Attachment 1 INCIDENT REPORT NIBRS STILLWATER POLICE DEPARTMENT 216 4th Street N �� Police �Department-') Stillwater, MN 55082 651-439-9381 CASE# WHEN REPORTED EVENT LOCATION SW23012505 12/18/2023 18:22:52 REC'D BY: RADIO 1300 FRONT AGE RD W STILLWATER, MINNESOTA 55082 Offense Level Description 41.2.6 Prohibited tobacco sales GROSS MISDEMEANOR 151.72.7(b)(3) Pharmacy -Edible cannabinoid product; Sells to a person under the age of 21 SUMMARY Suspect #1 Person #1 Person #2 Business #1 Suspect Fannoun , Omar Y M Stillwater Smoke Shop Plus UCR/NIBRS CO<le 902 All Other Offenses 902 All Other Offenses en Last Name en FANNOUN First Name OMAR Middle Name YM "ti m en - Address City state 90946 1/2 AVE NE Apt 307 HILLTOP MN DOB: 10/23/1996 Gender Pnone Age at time of incident: 27 M Addtional Information Related Offenses Arrested? 151.72.7(b)(3) Pharmacy -Edible cannabinoid product; Sells to a person under the age No of 21 (902 GM) 41.2.6 Prohibited tobacco sales (902) Zip 55421 Country Suffix ---------------------------------------Person 1 (MISC ASSOCIATED NAMES) "ti Last Name �-en Address z ·--en DOB. _ Age at time of incident: 20 N -Addtional Information Person 2 Gender M First Name (MISC ASSOCIATED NAMES) Pnone Middle Name state Zip ■ - PRINTED BY Norbury SW42576 v3.3NIBRS 7123 PRINT DATE 12/27/2023 TIME 09:05:04 Suffix Country PAGE 1 OF 3 Attachment 1 (p.1).. • I \ C: 011------------......--------..---------..._ ___ ..._ ___ """'==~~~~~~~ -i ':i: 1---------------------------------------------------- ---------.'-----...----_,_ __ _ 0 C ity Attachment 1 (p.2)INCIDENT REPORT NIBRS STILLWATER POLICE DEPARTMENT 216 4 th Street N Stillw ater, MN 55082 65 1-439-938 1 CASE# SW23012505 cont 'd Last Name First Name Address ~~-~ Police Dep artment ') M iddle Name Suffix state Zip Country ■ -Age at time of incident: 20 Addtional Information Gender F Pnone O rg 0 (SUSPECTED O FFEND ER) ;;o Name G) STILLWATER SMOKE SHOP CJ) PLUS ':i: Related Offenses Address 1300 FRONTA GE RD W STILLWATER, MN 5 5082 Pnone -151 .72.7 (b)(3) Pharmacy -Edib le cannabinoid product ; Sells to a person un der the age of 21 (902 GM ) 41.2 .6 Prohib ited tobacco sales (902) Compliance check vi olations . See narrative for further. PRINTED BY Norbury SW4257 6 v3.3NIBRS 7123 OFFICER COMMENTS PRINT DATE 12/27/2023 TIME 09 :05 :04 PAGE 2 OF 3 Attachment 1 (p.3)INCIDENT REPORT NIBRS STILLWATER POLICE DEPARTMENT 216 4 th Street N ~~-~ Police Dep artment ') Stillw ater, MN 55082 65 1-439-9381 CASE# SW230 12505 cont 'd NARRATIVES (1) In itial Report Crosbie SW21658 12/21/2023 16:02:16 Sy n opsis : Party identified v ia MN ID as FANN OUN, OMAR YM (10/23/1996) had sold tobacco and T HC products to parties under 21 years of age w hile Stillw ater police w as conducting compliance checks for businesses w it h liquor, tobacco , and T HC licenses. Narrative : Statement of SPD officer Cros bie #219 On 12/18/2023, myself and and other officers w ere conducting compliance checks for businesses that have liquor, tobacco, and T HC licenses in t he city of Stillw ater . W e had two "decoys" t hat w ere under t he age of 21 t hat w ere w it h us, w hom w ould go into the bu sinesses and )-1111 and --had been given "buy money " that w as p o ograp e an up oa e in to Axo n vI e nce o p rove a a ra nsaction w as macle"'anlie""ness. 1111 a nd w ere given a $20 .00 bill w it h t he serial number : JL33354042A. At approximately 16~ and w en t in to the Stillw ater Smoke Shop Plus on 1300 Fron tage Rd . A fter se veral minutes, 1111 and lllllllllllll(came out of t he shop w it h two items . 1111 stated that he had purchased a can of Copenhagen W intergreen long cut chew ing tobacco, and had purchased a con tainer of "Jell y" gummies (legal ca nnabis t hat contained less t han .3% THC per the product label , and had a w arning that parties had to be 2 1 years or o lder to purchase ).1111 a nd stated t hat t he cle rk in the store gav e them a discount on the items for a total of $20 .00 , so they cou ld ge t both items with t he "buy mone y".1111 a nd described the clerk as being possibly Middle Eastern , w it h short black hair.1111 and stated t hat t he clerk did not ask t hem t heir age, nor did he ask for their IDs at any time during the transaction . Officers w ent into t he store and spoke w it h t he only employ ee in the store , identified by MN ID as FA NN OU N. When con fron ted , FANN OUN stated t hat he had ID'd th e parties. Offi ce rs gave FAN NOU N t he produ cts back in exc ha nge fo r t he $20 .00 bill w ith t he seria l number JL33354042A t hat w as in the register inside the business. FA NN OU N ca lled the ow ner of the store , w ho w as able to confirm that he had a license to sell THC products in t he city of Stillw ater . It w as t he explained to FA NNO UN that a police report w ould be completed w ith a misdemea nor charge for se lling tobacco to parties under 2 1 years of age , as w ell as a gross misdemeanor charge for selling T HC products to parties under 21 y ears of age . FANN OUN w as also inform ed that t he city w ould be sending an ad ministra tive ci tation to the ow ner of t he business for said v iolations . Prior to leav ing, officers looked around the store at t he request of ci ty ad ministra tors to make sure the the T HC products in the store w ere in compliance w it h MN state statute 151 .72 . Upon checking the edible and beverage products in the store , they appeared to be in compliance w ith t he statute . T he store w as how ev er, selling seeds for marijuana plants . The seeds w ere for popular strains such as "W hite Widow", a nd "Blueberry Kush ". T he seeds w e re li sted to conta in 18-22% THC, and w ere listed for around $75 .00 per package . T hough the statute say s t hat parties ca n ow n seeds, no re tailer (even w ith a license to sell T HC products) may sell seeds until 2025 . The seeds w ere ca pt ured on Detective Peterso n's BW C. T he re w e re a lso T HC produ cts t hat conta ined cartoon c ha racte rs of bumble bees. T he statute also states t hat packaging on THC products ca nt con tain cartoon characters to appeal to minors. A n administrative citation w ill be forward ed to the ow ner of t he Stillw ater Smoke Shop Plus for the aforementioned violations. ••sw c and ph otos w ere uploa ded under a se parate case number of SW230 12523 Con clusion : Forward to t he city attorn ey to rev iew charges for MSS : 151 .72 .7(b)(3) City Ordinance : 41 .2 .6 Also forward to the city for t he alleged v iolation of t heir license to sell THC products (t he marij uana plant seeds), and to the Washington County Healt h Inspector PR INTED BY Norbury SW4257 6 v3.3NIBRS 7123 PRINT DATE 12/27/2023 TIME 09 :05 :04 PAGE 3 OF 3 This citation charges you with one or more violations of the Stillwater City Ordinances. For more information, see the reverse side of this form. Alleged Violator’s Name Date of Birth (if available) Stillwater Smoke Shop Plus Fannoun, Omary M 10/23/1996 Street Address City State Zip 1300 Frontage Rd Stillwater MN 55082 Is the alleged violator the property license holder? X Yes No VIOLATION INFORMATION Date of Violation Time of Violation Location 12/18/2023 16:09 1300 Frontage Rd Charge Ordinance No. Fine/Penalty 1.Sale of CBD product to underage person 41.10.17(1) $500 _________________________________________________ ____ ____________________ 2.Sale of Tobacco to underage person 41.2.6(1) $300 ______________________________________________________________________________ 3. ______________________________________________________________________________ 4. ______________________________________________________________________________ DESCRIPTION On 12/18/2023, the Stillwater Police Department conducted a Tobacco/ CBD compliance check at Stillwater Smoke Shop Plus. During the compliance check, employee Omary Fannoun sold a Tobacco and CBD product to our underage decoy without asking for or checking identification. Repeat violation of Same Offense Dates of Prior Violations: ___________________ Issuing Officer Sergeant J. Dowley Served: X In Person By certified mail $WWDFKPHQW S You have been charged with violating the Stillwater City Ordinances listed on the front of this citation. You must respond to this citation as follows: 1)Responding to the Citation You must respond to the citation within seven (7) days after receiving it. You may either pay the fine(s) and accept any other consequences listed on the citation or request a hearing on the charges. Failure to respond to this citation constitutes a waiver of a violator’s right to an administrative hearing and an admission of the violation. 2) Paying Fines You may pay the fines listed on the front of the citation by sending or delivering (1) a check or money order payable to the City of Stillwater and (2) the citation or a copy of it to: City Clerk City of Stillwater 212 North Fourth Street Stillwater, MN 55082 By paying the fine, you are admitting the violation, and agreeing to any suspension or revocation of your license set forth on this citation. The Stillwater Police Chief will advise you in writing of the dates of any such suspension or revocation. 3) Requesting a Hearing Instead of paying the fine, you may request a hearing to contest the alleged violation or fines and other consequences set forth on the citation. A hearing must be requested by delivering a written notice requesting a hearing to the City Clerk within seven (7) days f receiving the citation. The hearing will be held before an independent hearing officer, who is not a city employee. You will be provided written notice of your hearing date as well as a copy of Stillwater City Ordinance Section 22-9 which governs the rights and procedures for such a hearing. Attachment 1 (p.5) Attachment 1 (p.6) Attachment (p.7) City of Stillwater Washington County, Minnesota RESOLUTION 2024- A RESOLUTION DENYING THE ISSUANCE OF A CBD RETAIL ESTABLISHMENT LICENSE TO STILLWATER SMOKE SHOP PLUS FINDINGS OF FACT WHEREAS, on Sept. 6, 2022, the City Council enacted licensing regulations for cannabinoid (“CBD”) retail establishments and began accepting license applications on October 1, 2022; and WHEREAS, City Code Section 41-10 subd. 7 states that no more than two CBD retail establishment licenses shall be issued at any one time and that if more than two applications are submitted, then a point system shall be used to determine which businesses are issued the two licenses; and WHEREAS, pursuant to Resolution 2022-142, adopted by the Stillwater City Council on November 15, 2022, the Council authorized three CBD retail establishment licenses due to special circumstances that justified a deviation from the ordinance; and WHERAS, Stillwater Smoke Shop Plus (“Applicant”), located at 1300 Frontage Road West, Stillwater was one of the businesses that was approved for a CBD retail establishment license for calendar year 2023; and WHEREAS, the Applicant has applied for the renewal of its CBD retail establishment; and WHEREAS, the Applicant’s business is in an appropriate zoning district, but the Applicant does not have a conditional use permit, as required by City Code 31-325 and therefore, the applicant does not comply with the zoning requirements; and WHEREAS, as required by City Code 41-10 subd. 15, the Police Department conducted a compliance check on December 18, 2023; and WHEREAS, the business failed the compliance check when Applicant’s employee sold to an underage buyer in violation of Minn. Stat. §151.72 subd. 3(d) and City Code 41-10 subd. 14(4) and subd. 17(1); and WHEREAS, the employee did not check for identification in violation of Minn. Stat. §151.72 Subd. 5c, and City Code 41-10 subd. 14(6); and WHEREAS, the employee allowed underage persons in the store, which is a violation of City Code 41-10 subd. 14(5); and WHEREAS, the business does not have a conditional use permit, in violation of City Code 31-325; and WHEREAS, the City Council heard all testimony and reviewed all evidence presented at its regular City Council meeting on January 16, 2024, however, due to the applicant’s absence, the matter was continued to the next regular Council meeting on February 6, 2024; and WHEREAS, the Applicant was present at the February 6, 2024, meeting and was given an opportunity to be heard, and the Council considered all materials contained in the City Council packet from the January 16, 2024, meeting and the February 6, 2024, Council meeting. NOW, THEREFORE, be it resolved that based on the aforementioned Findings, evidence and testimony, the City Council of the City of Stillwater does authorize as follows: 1.Adopts the Findings above and hereby DENIES the renewal application of a CBD retail establishment for Stillwater Smoke Shop Plus; and 2.All intoxicating CBD products must be removed from the business location by February 9, 2024; and 3.The Applicant cannot apply for a license or registration from the City of Stillwater until the Office of Cannabis Management is issuing licenses for such businesses; and 4.The license fee shall be refunded to the Applicant. Adopted by the Stillwater City Council this day of , 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024- A RESOLUTION APPROVING THE ISSUANCE OF A CBD RETAIL ESTABLISHMENT LICENSE TO STILLWATER SMOKE SHOP PLUS WHEREAS, on Sept. 6, 2022, the City Council enacted licensing regulations for cannabinoid (“CBD”) retail establishments and began accepting license applications on October 1, 2022; and WHEREAS, City Code Section 41-10 subd. 7 states that no more than two CBD retail establishment licenses shall be issued at any one time and that if more than two applications are submitted, then a point system shall be used to determine which businesses are issued the two licenses; and WHEREAS, pursuant to Resolution 2022-142, adopted by the Stillwater City Council on November 15, 2022, the Council authorized three CBD retail establishment licenses due to special circumstances that justified a deviation from the ordinance; and WHERAS, Stillwater Smoke Shop Plus (“Applicant”), located at 1300 Frontage Road West, Stillwater, was one of the businesses that was approved for a CBD retail establishment license for calendar year 2023; and WHEREAS, the Applicant has applied for the renewal of its CBD retail establishment; and WHEREAS, the Applicant’s business is in an appropriate zoning district, but the Applicant does not have a conditional use permit, as required by City Code 31-325 and therefore, the applicant does not comply with the zoning requirements. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize as follows: 1. A CBD retail establishment license is APPROVED retroactively to January 1, 2024, for Stillwater Smoke Shop Plus, conditioned upon the Applicant obtaining a conditional use permit by May 1, 2024, or this license approval is immediately rescinded and the license shall be deemed denied. 2. This license approval does not entitle the license holder approved herein to any future license approvals. 3. All future license applications shall be evaluated, reviewed and decided based on the applications submitted under any laws and ordinances in place at the time of submission. Adopted by the Stillwater City Council this day of , 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk BOARD AGENDA Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2, Chair Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 February 6, 2024 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 1. 9:00 2. 9:00 3. 9:10 Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the January 16, 2024, and January 23, 2024, County Board meeting minutes. B. Approval to appoint Jeffrey Thron to the Groundwater Advisory Committee as a Well Drilling Representative for a partial term expiring December 31, 2024. C. Adopt a resolution for delegation of authority to make electronic funds transfers to the Director of the Accounting and Finance Department or their designee. D. Approve Contract No. 16203 between Washington County and Accord for an amount not to exceed $40,000 for a term starting on the date of signature through December 31, 2025. E. Approve Contract No. 16207 between Washington County and Hekima Cultural and Consulting Services for an amount not to exceed $40,000 for a term starting on the date of signature through December 31, 2025. F. Approve Contract No. 16215 between Washington County and Phoenix Service Corporation for an amount not to exceed $40,000 for a term starting on the date of signature through December 31, 2025. G. Approve Contract No. 16214 between Washington County and Shakir Consulting Services for an amount not to exceed $40,000 for a term starting on the date of signature through December 31, 2025. H. Adopt a resolution approving the Washington County Community Development Block Grant (CDBG) and HOME Cooperation Agreement with the inclusion of automatic renewal provisions. I. Approval to apply for a Sauer Foundation grant to begin development of the Family Resource Center. Washington s sCounty 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 J.Approval to modify Section #18 (Employee Development) of the Personnel Rules and Regulations. K.Approval to implement a $300 hiring incentive and a $100 referral incentive for Lifeguards for the 2024 season. L.Approve the tentative agreement with the International Union of Operating Engineers Local 49 for 2024-2025. M.Approve Contract No. 16134 with SkyNorth Software in the amount of $280,030 for the period of February 6, 2024, to December 31, 2024, with the option to amend and renew until the cooperative contract expires on August 31, 2027. N.Adopt a resolution to approve an application for an Exempt Permit of Minnesota Lawful Gambling received from Pheasants Forever Washington County Chapter #671 to conduct a raffle during the Stillwater Trap Team event at the Washington County Fairgrounds, 12300 40th St N, located in Baytown Township, on March 3, 2024. O.Approval of the plat of Stifter Farms. P.Approve licenses for the use of real property in the cities of Stillwater and Mahtomedi for the collection of household hazardous waste, and authorize execution by the Board Chair and County Administrator, pursuant to Minn. Stat. 373.02. Q.Approve an amendment to the Lower St. Croix FY23 Watershed Based Implementation fund work plan to include $167,615 in supplemental grant funds and authorize the Lower St. Croix Watershed Partnership Steering Committee to direct these supplemental funds toward the activity(s) that most effectively meet the goals of the Lower St. Croix Comprehensive Watershed Management Plan. R.Adopt a resolution to acquire a portion of land from PID 27.027.21.11.0001 for inclusion into Cottage Grove Ravine Regional Park. S.1. Approve Amendment No. 1 to Conservation Easement with the Thomas E. and Edna D. Carpenter Foundation. 2. Approve Amendment No. 1 to Funding Restriction from Grant #3000004235. T.Award bid to Lake Assault Boats and authorize execution of Contract No. 16206 in the amount of $537,980 for the purchase and build of two Patrol Boats. U.Approve Agreement No. 16092 between Washington County and the Cities of Afton, Lakeland, Lake St. Croix Beach, St. Mary's Point, and Lakeland Shores, Minnesota to provide law enforcement services to the cities. Consent Calendar continued Washington ; 2;County Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer V.Approve the 2023 Urban Area Security Initiative (UASI) Grant Agreement No. 16201 between the Minnesota Department of Public Safety and the Washington County Sheriff's Office, in the amount of $183,750 for the period of January 1, 2024, through June 30, 2025. W.Approve Mutual Aid Agreement No. 15847 between the Pierce County Sheriff's Office in Wisconsin and the Washington County Sheriff's Office to provide emergency law enforcement aid and assistance during natural and manmade disasters. 4.9:10 Library - Jacquie Kramer, Director A.1. Adopt a resolution to transfer the existing balance of $241,284.32 in principal plus accrued interest, assets gifted through Elizabeth W. Jordan’s trust, to the Marine on St. Croix Library Jordan Bequest Fund held by the St. Croix Valley Foundation. 2. Approval of the Joint Powers Agreement between Washington County and the City of Marine on St. Croix for library services. 5. 9:20 Public Works - Eden Rogers, Engineer II (item A) - Allan Brandt, Engineer II (item B - Greg Wood, Building Services Director (item C) - Mandy Leonard, Sr Building Services Project Manager (items D-E) A.Adopt a resolution authorizing best value bidding for the design and construction of the Lake Elmo Park Reserve maintenance and Community Corrections maintenance facility project. B.Approval of Change Orders 2, 4, 5, and 6, in the amount of $69,927.94, to Contract No. 14693 with Meyer Contracting, Inc. for the Lake Elmo Park Reserve Central Greenway Project. C.1. Approval of recommended naming of Washington County North Environmental Center. 2.Approval of recommended naming of Washington County South Environmental Center. D.Bid Package #2 Contracts for Building Site Construction of the new Service Center in Woodbury: 1.Approve Contract No. 16174 in the amount of $1,911,900 with Axel H. Ohman, Inc. for concrete and masonry. 2.Approve Contract No. 16163 in the amount of $683,440 with Metro Erectors Inc. for steel and miscellaneous metals. 3.Approve Contract No. 16167 in the amount of $1,435,285 with Tekton Construction for carpentry. Consent Calendar continued continued next page Washington ; 2;County Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer for doors and hardware. 6. Approve Contract No. 16187 in the amount of $1,427,500 with MT Contracting for curtain wall, storefronts and windows. 7. Approve Contract No. 16184 in the amount of $1,282,900 with Custom Drywall for Drywall. 8. Approve Contract No. 16193 in the amount of $245,000 with Super Set Tile for flooring. 9. Approve Contract No. 16168 in the amount of $192,750 with Advanced Terrazzo for terrazzo. 10.Approve Contract No. 16185 in the amount of $201,000 with Kone for elevators. 11.Approve Contract No. 16186 in the amount of $647,000 with Ryan Mechanical for plumbing. 12.Approve Contract No. 16178 in the amount of $1,699,800 with Thelen Heating and Roofing Inc. for HVAC. 13.Approve Contract No. 16176 in the amount of $312,507 with Kraft Mechanical for temperature controls. 14.Approve Contract No. 16179 in the amount of $1,755,000 with Laketown Electric Corporation for electrical and low voltage. 15.Approve Contract No. 16175 in the amount of $996,295 with Miller Excavating for earthwork and utilities. 16.Approve Contract No. 16182 in the amount of $234,850 with Northwest Asphalt for asphalt paving. 17.Approve Contract No. 16171 in the amount of $348,575 with Cedar Ridge Landscaping for landscaping. 18.Approval to reject the bid for 07F Metal Panels from Nordstrom Architectural Sheet Metal Inc. E. Approve the reclassification of the sale proceeds of $1,088,827 from the Redrock Crossing Outlot A to fund #411086 for the Washington County Central Service Center Project (CIP# BSD-WCSC-001). 4. Approve Contract No. 16183 in the amount of $573,570 with Berwald Roofing Company Inc. for roofing. 5. Approve Contract No. 16162 in the amount of $283,412 with Bredemus Hardware Company Public Works continued Washington ; 2;County Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 7. 10:45 8.11:00 9.11:00 C.Appointment to Community Action Partnership of Ramsey & Washington Counties. 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 6. 10:20 General Administration - Jan Lucke, Deputy County Administrator (item A) - Kevin Corbid, County Administrator (items B-C) A. Legislative Update B. Consideration of letter of support for city state funding legislative request. 10. 11:05 Board Workshop with Administration A. Discuss Land and Water Legacy remaining bond funds and grant fulfillment strategy. Washington ; 2;County BOARD AGENDA Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2, Chair Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 January 23, 2024 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 1.9:00 Roll Call Pledge of Allegiance 2.9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3.9:10 General Administration - Kevin Corbid, County Administrator 4.9:20 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. 5.Board Correspondence Executive (Closed) Session - Human Resources A. Executive (closed) session for the purposes of discussing labor relations strategy, per Minnesota Statute 13D.03. Adjourn Board Workshop with Administration A. Review of Washington County's 2024 Mandates & Core Functions document. 7.10:35 8.10:40 9.11:15 Board Workshop with Community Services A. Update on the Emergency Housing Services Building. 6. 9:35