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HomeMy WebLinkAbout2024-09-17 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov REVISED AGENDA CITY COUNCIL MEETING September 17, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Stillwater Human Rights Award Presented to Rachel Schmeltzer, Stillwater Area Public School Choir Teacher – Resolution 2. Proclamation for United Way of Washington County East 3. Riverfront Renewal V. OPEN FORUM – open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Interim Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 12. September 3, 2024 Workshop and Regular Meeting Minutes 13. Payment of Bills 14. 2024 Street Improvement Project Declaring Costs and Order Public Hearing – Resolution 15. Declaring Costs and Order Public Hearing for Delinquent Abatement Cleanup Fees, Administrative Citations Fees and Solid Waste Fees – 3 Resolutions 16. Encroachment Agreement for 823 Anderson St. 17. Fire Department Vehicle Purchase 18. Gambling Premise Permit for Stillwater Hockey at Keys Café – Resolution 19. OSHA and Safety Training Agreement 20. Short Term Home Rental License for 1410 4th St N 21. Temporary Liquor Licenses for River Siren Brewing 22. TH 95 Monument Concrete and Electrical Work Agreement 23. Settlement Agreement 24. Declaring Cost and Order Public Hearing for Water Line Service Repair Fees – Resolution VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 25. Charter Amendment for Sections 4.03 and 5.12 – Resolution and 2 Ordinances 2nd Reading IX. UNFINISHED BUSINESS X. NEW BUSINESS 26. 2025 Preliminary Budget a. Adopting the proposed tax levy for the payable year 2025 – Resolution b. Adopting the proposed budget for the year 2025 – Resolution c. Setting the Truth in Taxation meeting date – Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT DATE: September 17, 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 $811,020.79 has been sent to the Mayor and City Council Members to approve for payment. REVISED DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 2024 Street Improvement Project (2024-02) BACKGROUND The contractor is progressing on the 2024 Street improvement Project. The project is scheduled to be significantly completed by the end of October 2024. Based on the work completed and estimating the cost of the remaining work, staff has projected the total cost of the project to be $3,439,854. The assessment roll needs to be prepared and a hearing held. It is proposed that that the hearing will be held October 15, 2024. This will certify the project to the County this year. RECOMMENDATION Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the project. ACTION REQUESTED If Council concurs with the recommendation, they should pass RESOLUTION 2024 XXX DECLARING COST TO BE ASSESSED AND CALL FOR HEARING ON PROPOSED ASSESSMENT FOR 2024 STREET IMPROVEMENT PROJECT (PROJECT 2024-02) City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION DECLARING COST TO BE ASSESSED AND CALL FOR HEARING ON PROPOSED ASSESSMENT FOR 2024 STREET IMPROVEMENT PROJECT (PROJECT 2024-02, L.I. 441) WHEREAS, a contract has been let and costs have been determined for the improvments of streets at $3,053,658 and the expenses incurred or to be incurred in the making of such improvement amount to be $386,196 so that the total cost of the improvement will be $3,439,854. WHEREAS, the Clerk has notified City Council that such proposed assessment has been completed and filed in the office for public inspection. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $1,862,808, and the portion of the cost to be assessed against benefited property owners is declared to be $1,577,046. 2. The City Clerk is hereby directed to publish a Notice of Public Hearing on the proposed assessments in the official newspaper at least two (2) weeks prior to the hearing and state the total cost of improvement. The clerk shall also mail notice to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. A hearing shall be held for the project on the 15th day of October, 2024 at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. Adopted by the Stillwater City Council this 17th day of September, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk   DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Declare Cost and Call for Hearing on Water Line Service Repair Fees BACKGROUND A private water service line repair for 301 Stillwater Ave was completed by a contractor and billed to the City of Stillwater. The costs are now in dafault of the agreement. The Agreement of Assessment and Waiver of Notice, Hearing and Appeal for Water Line Service Repair has not been signed by the property owner therefore a public hearing is required to proceed with assessing the cost of the repair to the property. The hearing is proposed to be held on October 15, 2024. The property owner will have until November 15th to pay. Any balance remaining will be sent to the County as a special assessment against the land. RECOMMENDATION Staff recommends that Council declare cost to be assessed and call for a hearing on the proposed assessment. ACTION REQUESTED If Council concurs with the recommendation, they should make a motion to approve a Resolution Declaring Cost to be Assessed and Call for Hearing on Proposed Assessment for Water Line Service Repair Fees, L.I. 443. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION DECLARING COST TO BE ASSESSED AND CALL FOR HEARING ON PROPOSED ASSESSMENT FOR WATER LINE SERVICE REPAIR FEES L.I. 443 WHEREAS, the City of Stillwater has Water Service Line Repair fees from October 1, 2023 to June 30, 2024 that are delinquent for certain properties within the City totaling $7,077.59. WHEREAS, the Clerk has notified City Council that such proposed assessment has been completed and filed in the office for public inspection. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. The cost of such delinquent water line service repairs fees to be assessed is declared to be $7,077.59. 2. The City Clerk is hereby directed to publish a Notice of Public Hearing on the proposed assessments in the official newspaper at least two (2) weeks prior to the hearing and state the total cost of improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. A hearing shall be held on the 15th day of October, 2024 at 7:00 p.m., to pass upon such proposed assessment and at such time and place all persons owning property affected will be given an opportunity to be heard with reference to such assessment. Adopted by the Stillwater City Council this 17th day of September, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk (S,i.11water The Birthplace of Minnesota J 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING September 17, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Stillwater Human Rights Award Presented to Rachel Schmeltzer, Stillwater Area Public School Choir Teacher — Resolution 2. Proclamation for United Way of Washington County East 3. Riverfront Renewal V. OPEN FORUM — open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Interim Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator VII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 12. September 3, 2024 Workshop and Regular Meeting Minutes 13. Payment of Bills 14. 2024 Street Improvement Project Declaring Costs and Order Public Hearing — Resolution — Available Tuesday 15. Declaring Costs and Order Public Hearing for Delinquent Abatement Cleanup Fees, Administrative Citations Fees and Solid Waste Fees — 3 Resolutions 16. Encroachment Agreement for 823 Anderson St. 17. Fire Department Vehicle Purchase 18. Gambling Premise Permit for Stillwater Hockey at Keys Caf6 — Resolution 19. OSHA and Safety Training Agreement 20. Short Term Home Rental License for 1410 4th St N 21. Temporary Liquor Licenses for River Siren Brewing 22. TH 95 Monument Concrete and Electrical Work Agreement Vlll. PUBLIC HEARINGS — when addressing Council please limit your comments to 10 minutes or less. 23. Charter Amendment for Sections 4.03 and 5.12 — Resolution and 2 Ordinances 2nd Reading IX. UNFINISHED BUSINESS X. NEW BUSINESS 24. 2025 Preliminary Budget a. Adopting the proposed tax levy for the payable year 2025 — Resolution b. Adopting the proposed budget for the year 2025 — Resolution c. Setting the Truth in Taxation meeting date — Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT 1i(wa ter Stillwater Human 4Rights Commission 1 H E BRiH PI A t; F OF MINN ESO' A Harmony • Dignity • Respect RESOLUTION 2024-102 STILL WATER HUMAN RIGHTS AWARD RACHEL SCHMELTZER Whereas, the Stillwater Human Rights Commission requested nominations for the 2024 Stillwater Human Rights Award; and Whereas, Rachel Schmeltzer has been nominated for her strong as steel resolve to build skills and capacity within both staff and the student body in addressing racial and identity harm; and Whereas, Rachel's intentional efforts using the Four Immediate Actions (Interrupt, Question, Educate and Echo); staff and students now have concrete tools to use in addressing racial and identity harm; and Whereas, Rachel also collaborated with the school district to bring a professional development opportunity to the staff at Oak -Land Middle school led by Seema Pothini; Educator, Equity Specialist, called No More Next Time; and Whereas, Rachel's leadership as the staff advisor of DSU (Diverse Student Union) and the lead of the Oak -Land Equity Committee have shown the longstanding relational efficacy that she has with both students and staff alike; and Whereas, Rachel is a strong and highly motivated educational leader who places authentic relationships at the forefront of everything she does. Her interpersonal and leadership attributes that define Rachel's core identity include a strong and unapologetic voice for racial and social justice, strategic thinking when advocating for systemic change, respect and compassion for others, and a strong as steel resolve to accomplish her personal goal while never wavering on supporting others along the way; and Whereas, Rachel willingly shares her in-depth knowledge of student learning and her equitable vision for public education. She has expertise in both the art and science of differentiation and program delivery. She recognizes the whole child in each of the students she collaborates with, tirelessly supporting them in the areas of high academic achievement and social -emotional growth; and Whereas, Rachel's educational philosophy and approach could be described as a mathematical equation: Authentic Relationships + High Student Engagement + Vigorous and Culturally Inclusive Instruction = Limitless Learning Potential. Now Therefore, Be It Resolved, by the City Council of the City of Stillwater, Minnesota, the 2024 Human Rights Award is presented to Rachel Schmeltzer in appreciation of her outstanding leadership and dedication to human rights, and is hereby commended for those efforts. Adopted by the City Council this 17th day of September, 2024. Avlayor Cite of *tiCCmater, Minnesota WHEREAS, the citizens of Washington County receive great benefits from the many programs provided by its health, youth, basic needs and self-sufficiency services agencies, and WHEREAS, United Way of Washington County East brings together businesses, government agencies, community organizations and individuals, in a united effort to fund Washington County health, youth, basic needs and self-sufficiency agencies; and WHEREAS, United Way of Washington County, for the past 75 years, has made available this financial support from its annual fall giving campaign; and WHEREAS, United Way funds raised in Washington County supports local organizations and charities for the benefits of its citizens and the improvement of their quality of life, and WHEREAS, United Way of Washington County East's mission is to unite our community and local resources to give each person the opportunity to build a better life. NOW THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater, do hereby proclaim October 7 -13, 2024 as N United Way Week N throughout the City, and I encourage all citizens to support financially, through United Way, the many local community organizations that provide invaluable services for our seniors, families and youth in Washington County. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 17th day of September, 2024. .O" STILL 7 Mayor . �NNF.SO �11Water 1 THE 8 I R T H P L ACE OF MINNESOTA Connecting with Our Riverfront Stillwater faces increasing demand to "touch the river" Not enough safely accessible riverfront access points Opportunity to expand the riverfront — the City developed a $13.5 million plan, called "Riverfront Renewal." About Riverfront Renewal • Expand Riverfront access by transforming Lumberjack Landing and Bridgeview Park • State funding, private donors, grants and City contributions make up more than half of funding ($7.3 million) • State determined plan met "regional impact" project • November Election — Stillwater voters will decide on approval of a half percent sales tax for remaining $6.2 million over 10- year period Lumberjack Landing Challenges & Opportunities j • Aiple residence has been unused since it was purchased in 2014 • Renovations could support numerous recreational activities and educational programs • Vegetation overgrowth • Unsafe terrain, unpaved trails, not ADA accessible Lumberjack Landing • Located a quarter mile north of downtown • 0.5 miles of shoreline and a beach near the Aiple residence. K Lumberjack Landing Opportunities • Rehabilitate Aiple House • River overlook and fishing platform • Remove Invasive Species • Add vehicle turnaround / drop • Improve vegetation and off area landscape • Provide Access to Brown's • ADA canoe/kayak launch Creek State Trail • Storage/gathering space • New Picnic Shelter • Expand parking on south end • Hill III MIL-1 RIVERFRONT RENEWAL I IVE 5-1 '4G I H 71 LLWATE R 1 '4 F: K % I W-4 0I:49rot"ME:1116 � uun fly RIVERFRONT ' r�,. RENEWAL I11'ES-I4G IN ETILLWATER'E '4RK% �a • Now jai 7 big RIVERFRONT RENEWAL I'll'ES-14G IR 'TILL%/ATER'I '4RY.S i ITiTi'i• • � • 6 fill 74� Ar RIVERFRONT RENEWAL I•IWES-1•IG IH nTILLWATER I '4FAS Lumberjack Landing Opportunities P !-TSB�j 8k-l.alneh ul luvcvlcvv I Ulm • Located directly south of downtown • 20-acre park Bridgeview Park Challenges & Opportunities Recent work has been crucial in making Bridgeview Park a more welcoming destination, but ongoing improvements and renovations are necessary to address remaining challenges, including: • Dense trees line the western edge • Dense vegetation along shoreline .y Mortiz Bergstein Shoddy Mill and Warehouse abandoned RIVERFRONT RENEWAL 1 '1WE 5-1'IG I 'TILL %/ATE R'I >i RY.S Bridgeview Park Opportunities Transient Boat Docks Rehab Bergstein buildings Addition of a Park Pavilion • Park's proximity to downtown as a welcome to greater Stillwater community • Extend active recreation through trail linkages • Improve car, boat, bike and Improvements that respect the foot traffic access scenic character of the river Bridgeview Park Opportunities Bridgeview Park Opportunities clent Ater Fl,q1 BERGSTEIN WAREHOUSE & SHODDY MILL RENOVATION �r an ION4 �m N—Def EXTERIOR a 2.1 RENDERS NwiiN• 7Nili}[NiiN a NiII.wIN wwoNl.[o�e Bridgeview Park Opportunities PILING STAYED. FLOATING FISHING DOCK SECTION 30C• DOCK ELEV 676.67' ELEV. 675 LOW WATER { 10" STEEL PILING 76'CONCRETE 94' 340• ALUMINUM GANGWAY s WALK PILING STAYED. FLOATING ,o• STEEL PILING LING SAYE O, �LOA TING OGCx "SECTION d " ELEV. 667 MINIMUM VESSEL ----_—� RIPRAP ® FLOATING DOCK ALUMINUM GANGWAY 5" CONCRETE PAVEMENT NOTE 1. LOW WATER ASSUMED ELEV 675' 2. HIGH WATER ASSUMED ELEV 683' 3. ELEV 667 IS THE MINIMUM VESSEL CLEARANCE BASED ON LOW WATER ASSUMPTION. Bridgeview Park Opportunities FLOATING DOCK It%il �FLOATING DOCK 6%10' RBICNE CaMMETE �aono � 18' T NX Tr REMOVE CONCRETE LOADING PIER. AF /�-_ H(; AYH,;;•. \ 1 � � a nvuU•i. t �'UNI.' V'U'.L L.U.V. Uki '� '" f •.- . I P R A P EHQ---51X18' CONCRETE RAMP PAD �LCAST IN PLACE 6" GROOVED CONCRETE PAVEMENT CONCRETE PAVEMENT ANGWAY NOTES: 1. LOW WATER ASSUMED ELEV 675' 2. HIGH WATER ASSUMED ELEV 683' 3. ELEV 671 IS THE MINIMUM DEPTH (4') FOR VESSEL LAUNCH CLEARANCE BASED ON LOW WATER ASSUMPTION. Timeline • 2014: The Bridgeview Park master plan is updated over a six -month -period. • 2016-2017: The City evaluates site conditions at Lumberjack Landing and develops a preliminary site concept plan, based on input from stakeholders, City staff and elected officials. • March 2020: City gathers guidance and feedback from local, state and national agencies about the Lumberjack Landing concept and possible improvements. • 2020: Residents provide feedback online using an interactive mapping tool. • Residents expressed interest in paddle sports, hiking trails along the river, beach access, fishing and restoration. • More than half of the people surveyed said keeping the existing Aiple residence is important or very important. Timeline • 2021: Stillwater resident Geri Freels graciously donates $1 million to help fund the rehabilitation of the Aiple residence. • 2021-2023: City develops the "Riverfront Renewal" plan to invest $13.5 million to expand access and recreational activities at Lumberjack Landing and Bridgeview Park. • 2023: The City secures $6 million in state bonding funds from the MN Legislature to help pay for various projects at both Lumberjack Landing and Bridgeview Park. • The Minnesota Legislature authorized the City of Stillwater to seek voter approval of a local half -percent sales tax to raise $6.2 million to support the project. • 2024: The city approves ballot language for the November 2024 ballot seeking a half -percent sales tax for a 10-year period. The Cost • The $13.5 million "Riverfront Renewal" investment plan would be supported through four funding sources: • Local half -percent sales tax: $6.2 million over a 10-year period, plus interest and financing costs. • Funding from State Legislature: $6 million in state bonding funds approved in 2023. • Donations and grants: $1 million private donation, $50,000 grant from the MN Department of Natural Resources and $50,000 from the Legacy Fund. • City contributions: $179,000 for renovations to the Aiple house and vegetation management. The Cost 44% State bonding money $6 million 8% Donation and grants $1.1 million 1 % City contributions $179,000 24% Nonresident ales tax collections $3.13 million 23% Resident collections from sales tax $3.07 million Why a Local Sales Tax? Nonresident cost participation • 50.4% non residents • $3.1 million Relieves Stillwater residents of full cost • Essential goods exempt — groceries, clothing, prescription drugs, feminine hygiene products, baby products • The University of Minnesota analyzed the economic effects of local sales taxes in several cities and found little evidence that sales growth for businesses were impacted • Average cost to Stillwater resident would be $2.95 per month • $35. 43 per year • Must be used for Riverfront park projects • Residents get final say in November Election • State law requires the tax to expire once funds required for the projects have been collected, or within 10 years, whichever occurs first. Make Your Voice Heard in November This November, Stillwater voters will consider a ballot question asking for their approval of a half -percent (0.5%) local sales tax to finance the "Riverfront Renewal" plan for up to 10 years to improve and expand Early in person: Friday, Sept. 20 — Monday, Nov. 4 riverfront access. Early via absentee: Beginning Friday, Sept. 20 On Election Day: Tuesday, Nov. 5 at your polling place Visit StillwaterRiverfrontRenewal.org TO LEARN MORE ABOUT The challenges and opportunities at Lumberjack Landing and Bridgeway Park The proposed "Riverfront Renewal" plan The process of developing the plan The cost and tax impact Voting information Answers to frequently asked questions LM �,RWFR,RENEWFRONT —"AL .......... Connecting with Our Riverfront :n:cgrorrl as •hn irrnpnrr of r: n%:-�:. ry r.�y rf btlltceln•u n rrlrhnx..1 rnvrlmemrn knaan Mr n� nr.vMm e 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES September 3, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:31 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann Acting City Attorney Johnson City Clerk Wolf Interim Community Development Director Gutknecht Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders IT Manager Rice Library Director Troendle OTHER BUSINESS 2024 Proposed Budget City Administrator Kohlmann presented the proposed 2025 budget. The total property levy increase is 7.77% and the property tax rate will go from 47% to 52.4%. In discussing the additional Senior Building Inspector position, Councilmember Junker asked what was spent in contracted services last year; and City Clerk Wolf replied $62,000. Referring to the four additional positions requested, totaling 2.0 FTE, Councilmember Polehna stated he would like to see justification on paper, with the long-term ramifications of upgrading the positions so he can justify them to the taxpayers. Police Chief Mueller stated the requested upgrade of two Sergeants would provide 24/7 supervision which the City currently does not have. Councilmember Junker remarked that the $62,000 spent last year on contracted services justifies the new Senior Building Inspector position. He also feels the requested Administrative Services Director position is justified. Mr. Kohlmann reviewed public safety costs, debt service, capital outlay, and permanent improvement projects, and the proposed increases for on-sale liquor license fees and elected officials’ salaries. Councilmember Junker remarked the liquor license fees have not been raised in 20 years and Stillwater’s fee is among the lowest in the metro area. Mayor Kozlowski stated he would not be opposed to a policy stepping it up over time, but he questioned the timing of a large hike on the heels of the new Downtown Service District. City Council Meeting September 3, 2024 Page 2 of 6 Councilmember Odebrecht agreed, and suggested increasing the fees 7.7% in accordance with the levy increase, increasing them annually until Stillwater is in the 50th percentile +/- 10% of the curve. Council consensus was to decline an increase in elected officials’ salaries. Mr. Kohlmann will bring a budget resolution to the next Council meeting. 2024 Stillwater Strategic Visioning Report City Administrator Kohlmann led discussion of vision components, strategies and priorities. Councilmembers complimented staff on the report. STAFF REPORTS Public Works Director Sanders updated the Council on the downtown lighting project and reported that RFPs for PFAS treatment and the courtesy docks are out. The 2024 street project should be done next week. He stated the Parks Commission has identified a preferred location for the skateboard park in the lot across from Teddy Bear Park. Staff will start working on concept plans. There has been discussion about using the concrete wall there as a place where kids can paint graffiti. Police Chief Mueller gave an update on staffing of events, the alcohol training ordinance amendment, and mental health partnership with Washington County. Officers are aware of curbside solicitors and have offered services to them. Fire Chief Glaser reported on last week’s storm damage, staffing for events, the position offering, and October 6-12 Fire Prevention Week. The Department offers condolence to the Crotty family on the loss of Tom Crotty, who served the Fire Department from 1989-2009. Finance Director Provos gave an update on finance software. Interim Community Development Director Gutknecht noted that Community Development Director Tim Gladhill and Assistant City Planner Katriona Molasky are leaving the City’s employ. He explained the chicken coop item on tonight’s agenda. City Clerk Wolf stated the City newsletter will be out soon; and staff will tour the Recycling and Energy Center in Newport. City Administrator Kohlmann stated that a press release has gone out about the Local Option Sales Tax Referendum; and the League of Minnesota Cities Magazine had an article about Union Art Alley. IT Manager Rice updated the Council on technology projects and the upcoming cloud system phone project. Library Director Troendle shared info on upcoming programs and the roof project. RECESS Mayor Kozlowski recessed the meeting at 5:50 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:01 p.m. City Council Meeting September 3, 2024 Page 3 of 6 Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann Acting City Attorney Johnson City Clerk Wolf Interim Community Development Director Gutknecht Finance Director Provos Police Chief Mueller Fire Chief Glaser Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Stillwater Police Department Oath of Duty Presentation for Officer Daniel Peters Police Chief Mueller gave the Oath of Duty to Officer Peters. Certificates of Appreciation for Downtown Graffiti Clean-Up Mayor Kozlowski presented Certificates to Patrol Sgt. Josh Gow, Officer Brandon Crosbie, Public Works Crew Jeff Melstrom, Dave Fleischhacker, Dan Radke and Josh Wille. Police Chief Mueller and the Council credited the officers with organizing the entire event. Certificate of Appreciation for Tim Gladhill, Community Development Director Mayor Kozlowski recognized Tim Gladhill for his service of more than three years. Certificate of Appreciation for Katriona Molasky, Assistant Planner Mayor Kozlowski recognized Katriona Molasky for her service for the past 10 months. OPEN FORUM Residents of 101 Olive Street East, Nick May and Jim Buggert spoke about noise pollution from the Century Link building HVAC units. Mayor Kozlowski stated the City will try to contact the building owner. CONSENT AGENDA August 20, 2024 Special Meeting and Regular Meeting Minutes Payment of Bills 2024 Sidewalk Rehabilitation Project Declare Costs and Call for Hearing – Resolution 2024‐098 and Resolution 2024‐099 Ash Tree Replacement Planting Project Bid Award and Agreement Energy Action Committee Appointments Flexible Work Arrangement Policy Renewal – Resolution 2024‐100 Interim Community Development Director Appointment Laurel Street Retaining Wall Project Final Payment Lumberjack Landing Park Design Services Contract Amendment City Council Meeting September 3, 2024 Page 4 of 6 Lumberjack Landing Aiple House Geotechnical Engineering Services Agreement Planning Services Agreement St. Croix Valley Rec Center Roof Replacement Project Contract Agreement Councilmember Odebrecht suggested pulling the Flexible Work Arrangement item so the new HR staff member can work on the policy. Councilmember Collins asked about funding for ash tree removal and replacement, and Public Works Director Sanders confirmed there may be more funding coming. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt the Consent Agenda with the removal of Flexible Work Arrangement Policy. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Variance Appeal for 3393 Pioneer Place Interim Community Development Director Gutknecht stated that on June 26, 2024, the Planning Commission held a public hearing on an application for a Variance request to exceed structural impervious surface and facilitate the construction of a pool. The Planning Commission denied the application, finding that there are no unique physical conditions that necessitate having a pool, and requesting a pool larger than allowed by City Code is not a practical difficulty. Applicant Nik Hawley from Performance Pool and Spa has appealed this decision to the City Council. He is seeking a Variance to permit the construction of the pool, increasing the total allowed structure impervious to approximately 41.7% coverage. Councilmember Junker asked if the 25% max for shoreland districts is consistent throughout the Twin Cities and the State, and Mr. Gutknecht replied yes, the Department of Natural Resources established these minimum standards. Most cities in Minnesota adopt similar standards accepted by the DNR. Mayor Kozlowski remarked in Liberty there are lots way over the 25% imperious surface coverage, and asked how did they get built; and Mr. Gutknecht answered staff looked at a smattering of the other permits to see if there was some interpretation from staff that was missed, but could not find anything. The City Attorney stated that previous errors by staff do not negate enforcing the standards today. Councilmember Junker noted there was an elaborate mitigation plan in place for this development. He asked if the applicant’s proposed mitigation plan could be reviewed by City engineers or a third party to justify whether the runoff would stay on site, and Mr. Sanders stated yes that could be looked at. Councilmember Odebrecht noted this issue has popped up so often in planning, the policy should be updated. City Council Meeting September 3, 2024 Page 5 of 6 Mayor Kozlowski stated the question is, can the City review individuals’ mitigation efforts; and Mr. Sanders answered that would require a thorough review of the development, including the pipe size in streets and the pond size to see if there’s additional capacity in the system to determine whether extra impervious on this site would impact the system. The City would need to hire a consultant to do that kind of review. Councilmember Polehna stated he would like the City to be able to offer the opportunity for property owners to devise mitigation efforts to make their plans work. Mr. Sanders noted the applicant proposed in their design to mitigate the impervious area for a 1.1” rainfall event. The City has used that formula in other areas where the minimum is 35% coverage. Maybe one way to remedy it, instead of having 1.1” of treatment, would be to bump it up to 2” of treatment. He would be comfortable with that. Councilmember Junker pointed out that as recently as 2006, many of the City’s lakes were in poor condition, so the City put together a number of efforts to control and monitor lake quality resulting in several of the lakes getting off the impaired list. Councilmember Odebrecht asked if there is enough time to table this case and ask staff to come back with a recommendation on how to address this on a broader level. City Attorney Johnson explained the Council’s options. Overturning the denial would require the Council to provide a reason why. The Council could potentially add a condition or conditions to the variance, for instance, a condition that the mitigation technique proposed be vetted through City staff and engineers and that the calculations provided are correct. There would need to be a discussion about what the City could require, in terms of 1.1” versus 2” rainfall events. Or the Council could table the case and instruct staff to create an ordinance that would be the policy moving forward. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to table the case to October 1. All in favor. Sale of General Obligation Capital Outlay Bonds, Series 2024A Lauren Volz, BakerTilly, explained the proposed sale. Proposals will be opened and tabulated on October 1, 2024 and the results presented to the City Council that night. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2024‐101, Resolution Providing for the Competitive Negotiated Sale of $4,130,000 General Obligation Capital Outlay Bonds, Series 2024A. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 7:55 p.m. Ted Kozlowski, Mayor City Council Meeting September 3, 2024 Page 6 of 6 ATTEST: Beth Wolf, City Clerk Resolution 2024‐098, Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2024 Sidewalk Rehabilitation Project (Project 2024-03) Resolution 2024‐099, Resolution Calling for Hearing on Proposed Assessment for 2024 Sidewalk Rehabilitation Project (Project 2024-03) Resolution 2024‐101, Resolution Providing for the Competitive Negotiated Sale of $4,130,000 General Obligation Capital Outlay Bonds, Series 2024A i water THE BIRTHPLACE OF MINNESOTA DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Declare Cost and Call for Hearing on Delinquent Abatement Cleanup Fees, Administrative Citation Fees and Solid Waste Fees BACKGROUND Property owners that have delinquent balances for solid waste bills and abatement cleanup charges such as snow removal, lawn mowing/weeds, junk removal from July 1, 2023 to June 30, 2024 along with outstanding administration citation fees from May 1, 2023 to August 30, 2024 can be assessed for their outstanding balance and be placed on their property taxes. Staff has provided notice to the property owners of their outstanding balance on several occasions. The next step is to publish a public hearing notice and notify property owners of the public hearing and failure to pay their balance results in the balance being assessed against their property. The hearing is proposed to be held on October 15, 2024. Property owners will have until November 15t" to pay the balance. Any balance remaining will be sent to the County as a special assessment again the lands name in the assessment roll. RECOMMENDATION Staff recommends that Council declare costs to be assessed and call for a hearing on the proposed assessments. ACTION REQUESTED If Council concurs with the recommendation, they should the following resolutions: Resolution Declaring Cost to be Assessed and Call for Hearing on Proposed Assessment for Delinquent Abatement Cleanup Fees, L.I. 040. 2. Resolution Declaring Cost to be Assessed and Call for Hearing on Proposed Assessment for Delinquent Administrative Citation Fees, L.I. 006. 3. Resolution Declaring Cost to be Assessed and Call for Hearing on Proposed Assessment for Delinquent Solid Waste Fees, L.I. 002. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION DECLARING COST TO BE ASSESSED AND CALL FOR HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT ABATEMENT CLEANUP FEES L.I. 040 WHEREAS, the City of Stillwater has Abatement Cleanup fees for lawn mowing/weeds and junk removal from July 1, 2023 to June 30, 2024 that are delinquent for certain properties within the City totaling $5,705.00. WHEREAS, the Clerk has notified City Council that such proposed assessment has been completed and filed in the office for public inspection. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. The cost of such delinquent abatement cleanup fees to be assessed is declared to be $5,705.00. 2. The City Clerk is hereby directed to publish a Notice of Public Hearing on the proposed assessments in the official newspaper at least two (2) weeks prior to the hearing and state th total cost of improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. A hearing shall be held on the 15t" day of October, 2024 at 7:00 p.m., to pass upon such proposed assessment and at such time and place all persons owning property affected will be given an opportunity to be heard with reference to such assessment. Adopted by the Stillwater City Council this 17t" day of September, 2024 AN WKS];&311 94 N Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION DECLARING COST TO BE ASSESSED AND CALL FOR HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT ADMINISTRATIVE CITATION FEES L.I. 006 WHEREAS, the City of Stillwater has Administrative Citation fees from May 1, 2023 to August 30, 2024, that are delinquent for certain properties within the City totaling $11, 850.00. WHEREAS, the Clerk has notified City Council that such proposed assessment has been completed and filed in the office for public inspection. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. The cost of such delinquent administrative citation fees to be assessed is declared to be $11,850.00. 2. The City Clerk is hereby directed to publish a Notice of Public Hearing on the proposed assessments in the official newspaper at least two (2) weeks prior to the hearing and state the total cost of improvement. The clerk shall also mail notice to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. A hearing shall be held on the 15t" day of October, 2024 at 7:00 p.m., to pass upon such proposed assessment and at such time and place all persons owning property affected will be given an opportunity to be heard with reference to such assessment. Adopted by the Stillwater City Council this 17t" day of September, 2024 AN WKS];&311 94 N Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION DECLARING COST TO BE ASSESSED AND CALL FOR HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT SOLID WASTE FEES L.I. 002 WHEREAS, the City of Stillwater has Solid Waste fees from July 1, 2023 to June 30, 2024 that are delinquent for certain properties within the City totaling $151,567.00. WHEREAS, the Clerk has notified City Council that such proposed assessment has been completed and filed in the office for public inspection. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. The cost of such delinquent solid waste fees to be assessed is declared to be $151,567.00. 2. The City Clerk is hereby directed to publish a Notice of Public Hearing on the proposed assessments in the official newspaper at least two (2) weeks prior to the hearing and state the total cost of improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. A hearing shall be held on the 15t" day of October, 2024 at 7:00 p.m., to pass upon such proposed assessment and at such time and place all persons owning property affected will be given an opportunity to be heard with reference to such assessment. Adopted by the Stillwater City Council this 17t" day of September, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers � :Z�] ►�i F�:3�ite31[i.TiT�a iii SUBJECT: Consideration of an Encroachment Agreement (fence) associated with 823 Anderson Street West BACKGROUND The City has received a request from a property owner to reconstruct an existing fence and retain an accessory structure (shed) located along Everett Street South. This fence has been in place for over 20 years and serves as a barrier between the property and the adjacent street. The fence was constructed without issue, albeit, encroaching on public right-of-way but extends along the rear yard, providing privacy and safety. The shed, similarly, has been positioned on this part of the property for many years without issue. Given the historical nature of the placement and its utility to the property owner, the City, in collaboration with the City Attorney, recommends the approval of an Encroachment Agreement. This agreement would formalize the use of the existing fence and shed while ensuring that the private improvements do not interfere with public access or city infrastructure. The agreement provides legal clarity and allows the property owner to maintain these improvements with the understanding that they are subject to municipal regulations concerning safety, access, and aesthetic standards. City staff are seeking the City Council's approval to move forward with the Encroachment Agreement, which would not only allow the reconstruction of the fence, but also ensure that the existing structures remain in compliance with city ordinances while preserving the integrity of Everett Street South. RECOMMENDATION Staff recommends approval of the executed Encroachment Agreement for the fence located on 823 Anderson Street West. ACTION REQUESTED If Council concurs with the recommendation, they should approve the Encroachment Agreement for private improvements (fence) in association with 823 Anderson Street West. lllwater Site Location: 823 Anderson St W September 2024 �® _ - hill Street West �4 f'1 IT -r n 7 (: Jam ' ~ !P 'r.,l. sew �- � •�� r� ;� 4' I MR Anderson Street West fn 1 lip , > W Hane_ock;Street West IF T 40 r +• 1 _ 1 • Site Location 9 a - Parcels z: p zwu M. N N :::i Feet �� E 175 AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 823 ANDERSON STREET WEST IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS AGREEMENT ("Agreement") is made, entered into and effective this day of , 2024, by and among the City of Stillwater, a Minnesota municipal corporation ("City"), and Brendan Easton and Gwendolyn Easton, husband and wife ("Landowner"). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1. Terms. The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.2. City. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.3. City Property. "City Property" means the right-of-way known as Everett Street. 1.4. Encroachment Area. "Encroachment Area" means the real property legally described on Exhibit A, attached hereto and incorporated herein, used by Landowner for Landowner Improvements. 1.5. Landowner. "Landowner" means Brendan Easton and Gwendolyn Easton, husband and wife, and their successors and assigns in interest with respect to the Landowner Property. 1.6. Landowner Improvements. "Landowner Improvements" means Landowner's fence and shed located in the Encroachment Area on City Property, as depicted on Exhibit B, attached hereto and incorporated herein. 1 1.7. Landowner Property. "Landowner Property" means the following real property located in the City of Stillwater, Washington County, Minnesota: Lot 6, Block 14, Holcombe's Addition to Stillwater, excepting that part lying Easterly of a line that begins on the North line of said Lot 6 distant 14.95 feet Westerly of the Northeast corner thereof; to a point on the South Line of said Lot 6 distant 16.51 feet Westerly of the Southeast corner thereof; together with that part of the East 10 feet of South Everett Street accruing to said premises by reason of the vacation thereof, per Resolution recorded in Book 245 of Deeds, page 621; and together with that part of the East 25 feet of South Everett Street accruing to said premises by reason of the vacation thereof, per Resolution recorded on May 6, 1998, as Document No. 978872; Washington County, Minnesota. Abstract Property PID: 33.030.20.21.0113 1.8. Maintain. As used in this Agreement with respect to the Landowner Improvements, "Maintain" and derivations thereof means to upkeep in accordance with relevant City ordinances and regulations applicable to such improvements. ARTICLE 2 RECITALS 2.1. Landowner owns Landowner Property. 2.2. Landowner Property is or will be improved with Landowner Improvements. 2.3. Landowner Improvements are on the City Property. 2.4. Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements within the Encroachment Area, on the condition the Landowner maintains Landowner Improvements and removes Landowner Improvements pursuant to Section 3.2 below. ARTICLE 3 AGREEMENTS 3.1. Use And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, Landowner shall have the right to enjoy the use of Landowner Improvements, including reasonable ingress and egress from Landowner Improvements. Landowner shall, at its own cost, maintain Landowner Improvements. 3.2. No Additional Structures or Expansion and Termination. Landowner Improvements shall not be relocated, moved or expanded such that any further or different encroachment onto the City Property occurs. Landowner shall not place any other structures, including but not limited to, retaining walls, irrigation systems, buildings, fences, landscaping, trees or shrubs within the footprint of Landowner Improvements or elsewhere on City Property. If 2 Landowner removes or replaces Landowner Improvements that are depicted in Exhibit B, the Landowner Improvements shall be brought into compliance with applicable City ordinances and regulations and shall be relocated to Landowner's Property, outside of the Encroachment Area and City Property and this Agreement shall terminate. 3.3. City Not Responsible For Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the Landowner Improvements. 3.4. Continuing Right To Encroachment Area. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the Encroachment Area. 3.5. Subordinate Position Of Landowner Improvements. The Landowner Improvements are subordinate to the rights of the City in the Encroachment Area. 3.6. Risk Of Loss. Landowner understands and agrees that the Landowner Improvements within the Encroachment Area may be adversely affected by damage caused to Landowner Improvements arising out of the City's use of the Encroachment Area. The parties agree that the City is not responsible for such events; the City shall have no liability to Landowner for such events. Landowner assumes the risk of Landowner Improvements in the Encroachment Area. 3.7. Emergency. The City shall not be required to give such notice if the City's engineer determines that an emergency exists. In such instance, the City, without giving notice to Landowner may perform the work and in such case the Landowner shall reimburse the City for the costs and expenses relating to the work. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged to the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. 3.8. Remedies. If the Landowner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: (a) The City may specifically enforce this Agreement. (b) If Landowner fails to make payments under Section 3.7, then the City may certify to Washington County the amounts due as payable with the real estate taxes for Landowner Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The Landowner waives any and all procedural and substantive V? objections to the imposition of such usual and customary charges on the Landowner Property. Further, as an alternate means of collection, if the written billing is not paid by the Landowner, the City, without notice and without hearing, may specially assess the Landowner Property for the costs and expenses incurred by the City. The Landowner hereby waives any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Landowner Property. The Landowner waives any appeal rights otherwise available pursuant to Minnesota Statute §429.081. The Landowner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Landowner Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.9. Indemnification. The Landowner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; (b) Maintenance of the Landowner Improvements; (c) Failure by the Landowner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the Encroachment Area for Landowner Improvements. 3.10. City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Landowner's obligations contained in Article 3 if the Landowner does not perform such obligations. 3.11. No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 0 3.12. Recording. This Agreement shall be recorded with the Washington County Recorder against both the Landowner Property and the Encroachment Area. 3.13. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Landowner Property and the Encroachment Area and shall be binding upon the heirs, successors, administrators and assigns of the parties, for so long as the Landowner Improvements remain on the Encroachment Area. 3.14. Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 3.15. Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota. 3.16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 3.17. Headings. The subject headings of the sections this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 3.1. Notice. Notice shall mean notices given by one party to the other if in writing and if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows: If to City: City of Stillwater Attention: City Administrator 216 North Fourth Street Stillwater, MN 55082 If to Landowner: Brendan Easton and Gwendolyn Easton 823 Anderson Street West Stillwater, MN 55082 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page is intentionally left blank.] 31 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY: CITY OF STILLWATER Ted Kozlowski Its Mayor Beth Wolf City Clerk STATE OF MINNESOTA M11 COUNTY OF WASHINGTON On this day of , 2024, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 7 LANDOWNER: Brendan Easton G 61yn Easton v . STATE OF MINNESOTA ss. COUNTY OF WASHINGTON The foregoing,instrument was acknowledged before me on OVII'� day of 2024, by Brendan Easton and Gwendolyn Easton, husband and wife. WASHAKAYE ALTERMAKotary Public-MinnesoComisExpires Jan.31,2028 This instrument drafted by And after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 Notary Public EXHIBIT A LEGAL DESCRIPTION OF ENCROACHMENT AREA That part of South Everett Street, described as follows: Beginning at the southwest corner of that part of the East 25.00 feet of Everett Street accruing to Lot 6, Block 14, Holcombe's Addition to Stillwater by reason of vacation per Resolution recorded on May 6, 1998, as Document No. 978872; Washington County, Minnesota; thence northerly, along the West line of the East 25.00 feet of vacated Everett Street, a distance of 74.50 feet; thence deflecting to the left at an angle of 90 degrees 00 minutes 00 seconds, a distance of 4.00 feet; thence deflecting to the left at an angle of 90 degrees 00 minutes 00 seconds, a distance of 74.50 feet, thence easterly to the point of beginning. A-1 LEGE70 t ent. Anderson Street I I I I ouT I-------_--" I . li I' I I I I I ; 13 1 I £xh7Mg -.Far{ce I � j ® �Propbsed Enermchment It I II � f ~ I I � �250 JJ I I d I I I all, -7-7d I r..s aw.e.ew —r; ee uc .�ropMy /Me Advance —eying & Engineering, Co. o..lmxlwaieea � PFKr on RFPgCi%i�'�WIS'PAPIAFD BY IE DB UMDFR YY AUGUST 12.2.. w*e CLIENT NAME/JOB ADDRESS BRENDAN & GWEN EASTON 0 873 AIMERSON STRE=T WIST, S77ILWATER, MN I� 9/28/24 MO H—ING C �lc�JI �I mea AUflUST 9. 2021 CONDITIONS SURVEY M MNG NUMBER 240899 TB REV 8 _ 28 SHEETSIZE 17 X 22 SHEET NI -I S1 SLOW water THE BIRTHPLACE OF MINNESOTA DATE: September 9, 2024 TO: Honorable Mayor and City Councilmembers FROM: Tom Ballis, Deputy Fire Chief `116 SUBJECT: Vehicle purchasing BACKGROUND The 2024/2025 CIP budget included funding to replace two brush trucks that have been in service for 17 years. SFD has worked with several vendors within the area to provide pricing for this apparatus. Currently there are four spots left for the 2025 model year priority build for fire departments. SFD is seeking approval to move forward with securing our spot with Chevrolet to build two new 250OHD pick-up trucks. Cornerstone Chevrolet in Stillwater provided the lowest bid at $47,985.00/per vehicle. Attached are the quotes from all dealers. RECOMMENDATION Staff recommends approval to build and purchase 2 vehicles. A Stored Colifigura-dop Cash Finance $56,860.97 $791.53/mo View Details O Favorites V 0 Pricing and fee information provided by: MATT SAXE CHEVROLET, INC. Contact Dealer 2025 Silverado 2500 HD WT4WD -(�- (ZIP CODE: 55082 Stillwater, MN) VIN:IGC5KLE70SF109565 • Stock:42084 • AVAILABLE NOW View Window Sticker Vrew Standard Equipment Dealer Images IOU Manufacturer Images v_+ Exterior Red Hot Interior Jet Black, Cloth seat tri... f� 6 6LV8 Gas engine 1-1 IN IS -EEI-.j 14500lbs CHEVAOLET Phone: (651) 925-2786 NEW 2024 CHEVROLET SILVERADO 2500 HD CREW CAB STANDARD BOX 4-WHEEL DRIVE CUSTOM CURRENT OFFERS I SPECIFICATIONS MSRP $58,540 Stock Number VIN $3000 HD Custom/LT Discount' - S3.000 Exterior Interior MERIT PRICE $55,540 Engine SAVINGS $3,000 Location Transmission OTHER OFFERS YOU MAY QUALIFY FOR I Mileage GM First Responder Offer2 - $500 GM Military Offer3 - $500 GM Healthcare Professional Offer4 - $500 GM College Offers - $500 GM Educator Offer6 - $500 AVAILABLE SPECIALS 5.9% APR for 84 Months and 90 Day Payment Deferral for Well -Qualified Buyers When Financed w/ GM Financial (Average Example APR 5.9% for Qualified Buyers) 7 Click here for more offer information MERIT PRICE$55,540 MSRP $58,540 SAVINGS $3,000 247381 2GC4YME78R1258503 Summit White Black 6.6L 8 cyl Merit Chevrolet Automatic N/A S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Gambling Premise Permit for Stillwater Area Hockey Association BACKGROUND The City has received a Lawful Gambling Premises Permit Application from Stillwater Area Hockey Association to conduct gambling at Keys Cafe Bakery & Bar, 1400 Frontage Rd. W, in Stillwater once it opens. The activity requested is paper pull -tabs, paper pull -tabs with dispensing device, bar bingo, electronic pull -tabs and electronic linked bingo. RECOMMENDATION The Stillwater Area Hockey Association submitted the required documentation demonstrating that the organization is collecting gambling monies for lawful purposes. Therefore, staff recommends approving the Stillwater Area Hockey Association to conduct gambling at Keys Cafe Bakery & Bar, 1400 Frontage Rd. W., Stillwater, MN. ACTION REQUESTED If council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR STILLWATER AREA HOCKEY ASSOCIATION. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR STILLWATER AREA HOCKEY ASSOCIATION AT KEYS CAFE BAKERY & BAR WHEREAS, the Stillwater Area Hockey Association submitted an application to the City of Stillwater requesting City approval of a Minnesota Lawful Gambling Premise Permit at Keys Cafe Bakery & Bar, 1400 Frontage Rd. W., Stillwater, Minnesota; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a Minnesota lawful gambling premise permit for Stillwater Area Hockey Association. Adopted by the Stillwater City Council this 17th day of September, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: OSHA and Safety Training Agreement Renewal DISCUSSION The City of Stillwater operates programs and services that fall under the United States Department of Labor, Division of Occupational Safety and Health Administration (OSHA) and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration program umbrella. Doing so requires ongoing education and training of its employees. SafeAssure Consultants, Inc. (SafeAssure) provides the City of Stillwater with services that include OSHA compliance recommendations and consultation, scheduled classroom -training sessions, and writing and maintaining mandatory OSHA programs. The firm has provided the City of Stillwater with reasonable and appropriate safety and loss control training for the past ten years. The City is satisfied with the service it receives from SafeAssure, and recommends renewal of a service agreement for $6,891.06 with SafeAssure for 2024-2025. RECOMMENDATION Staff recommends Council renew agreement with SafeAssure. ACTION REQUESTED If council concurs with staff recommendation, Council should pass a motion approving SafeAssure Consultants, Inc. 2024-2025 Service Agrement. The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarify written and training requirements. The required standards that apply to the city of Stillwater are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work -place Accident & Injury program that promotes safe & healthful working conditions". EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies': CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section': HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for.* development & maintaining a written hazard communication program for the workplace... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment............ it CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 65 decibels and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employees) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. 1 IOf7 POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks": GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of {their} employees' employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees. " PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) 'Application. "Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or Impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph (j)(1)(ii)(b) of this section, depending upon its activity ..................... ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSDs, MSD hazards and controls used to address MSD hazards. " MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth -moving equipment operators and all other employees working on the ground exposed to mobile earth -moving equipment shall be trained in the safe work procedures pertaining to mobile earth -moving equipment and in the recognition of unsafe or hazardous conditions. 2 Of 7 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training be also provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man -lifts, and Vehicle -Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart O - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand -Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart ) - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) 31Of7 All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of Stillwater to obtain as required to comply with OSHA standards. Our Service Agreement year will begin on the signing of this Service Agreement. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for Stillwater are for the sole and express use by Stillwater and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a Service Agreement year, will be made at no additional cost to Stillwater. All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse Stillwater should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. 41 Of SAFETY PROGRAM RECOMMENDATIONS Stillwater Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating MSDSonline database system Lock Out/Tag Out (Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel Bloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Cranes -Chains -Slings • review/modify or write site specific program • documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Confined Space review/modify or write site specific program documented training of all personal 51Of7 Powered Industrial Trucks/Forklifts • review/modify or write site specific program • documented training of all personnel • testing and licensing Ergonomics • review/modify or write site specific program • documented training of all personnel o job hazards -recognition o control steps o reporting o management leadership requirements o employee participation requirements Mobile Earthmoving Equipment • review/modify or write site specific program • documented training of all personal General Safety Requirements • review/modify or write site specific program • documented training of all personnel The "SafeAssure Advantage" • Online training including but not limited to: AWAIR, EAP, ERTK, ERGO, Bloodborne, Fire Extinguishers, Forklift and approximately 30 others • Safety Committee Advisor • Employee Safety Progress Analysis • SafeAssure "Client Discount Card" from Fastenal Stores or Catalogs (15% off any item) • Job Hazard Analysis (JHA for more hazardous tasks/jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings-(CO2 testing in shops with 5 or more vehicle capacity) • Documented foot-candle readings (if needed) In OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • "ALERT" data base • Unlimited consulting services 610f7 Service Agreement THIS AGREEMENT is made this first day of October 2024 between the City of Stillwater, Stillwater, Minnesota, herein referred to as Stillwater and SafeAssure Consultants, Inc. 7505 93r6 Ave NE, Spicer, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this Service Agreement, Stillwater (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by "The Hartford" insurance companies. SafeAssure further agrees that Stillwater will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges Stillwater, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless Stillwater, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of Stillwater, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed Service Agreement, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide Stillwater, the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom -training sessions, writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of Stillwater. ANNUAL SERVICE AGREEMENT (includes Waterboard as of 2021) SDS ON-LINE SERVICES ANNUAL $6,891.06 $6891.06 included IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH SERVICE AGREEMENT X 090424 SafeAssure Consultants, Inc. Date 710f7 X V� I Stillwater X !/U Stillwater S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: September 17, 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 6-11, 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 license applications and have deemed them complete for approval by the City Council. The last STHR license approved by the City Council noted it was the 441" license to be approved outside of the Central Business District. The number of licenses below is the corrected and accurate number of licenses available as of the date of this Memo. RECOMMENDATION Approval of the following Short -Term Home Rental License Applications contingent upon the satisfactory inspections and approvals from the Fire and Building Departments: License Address Owner/Applicant Occupancy License Number of Type Type Location Licenses Short-term Duane & Rhonda Owner Outside of home rental 1410 41" St N Finney Occupied Downtown 45 of 50 Area ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications, contingent upon the satisfactory inspections and approvals. i water THE BIRTHPLACE OF MINNESOTA DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jenna Schmid, Deputy City Clerk SUBJECT: Temporary Liquor License for River Siren Brewing BACKGROUND The River Siren Brewing applied for a Temporary On -Sale Liquor License to be used during their "Rocktoberfest `24" event located in the brewery's parking lot at 225 Main St. N, on September 27-28 and October 4-5, 2024. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On -Sale Liquor License to River Siren Brewing for September 27-28 and October 4-5, 2024, contingent upon AGED approval. S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Agreement for TH 95 Monument Concrete and Electrical work DISCUSSION Staff has an agreement with Albrecht Sign Company for the TH 95 entrance monument sign. Their work did not include the concrete flat work around the monument and the electrical work to the monument. Staff requested quotes for this extra work and received a quote from Vinco Inc. (Vinco) in the amount of $20,125. Vinco has satisfactorily performed work for the city, with the most recent project the Laurel Street Retaining Wall Project. RECOMMENDATION Staff recommends entering into an agreement with Vinco Inc. for TH 95 Monument Concrete and Electrical work. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH VINCO INC. FOR TH 95 MONUMENT CONCRETE AND ELECTRICAL WORK �I water The Birthplace of Minnesota AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 17th day of September, 2024, by and between the City of Stillwater, 216 4t1i Street North, Stillwater, Minnesota 55082, ("City") and Vinco Inc., 18995 Forest Blvd N, Forest Lake MN 55025 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; TH 95 Monument - Concrete and Electrical NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 8/14/24, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. TERM. This Agreement expires on 9/17/25. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either PgM. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing parry shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming parry. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Shawn Saunders to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Mark Jay to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Vinco Inc. 216 4' Street North 18995 Forest Blvd N Stillwater, MN 55082 Forest Lake, MN 55025 Attention: Shawn Sanders Attention: Mark Jay Or e-mailed: ssanders@stillwatermn.gov Or emailed: m.jay@vinco-inc.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk S CONTRACTOR VINCO INC. By: By (Please Print): Title (Please Print): Project Description: TH 95 Monument - Concrete and Electric John Jurek From: Mark Jay < mjay@vinco-inc.com > Sent: Wednesday, August 14, 2024 6:50 AM To: John Jurek Subject: RE: Monument Sign [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. John — The scope has changed dramatically from my earlier email. Our pricing as per you email is as follows: 1. Minor grading .................................. $ 2,875.00 2. 5" concrete flat work, 170 sg ft ...... $ 5,250.00 3. Electric ........................................... $ 12,000.00 Clarifications: A. We only include minor grading and placement of the 4" of class 5. B. Site grading to raise the grade for the walkways by others. C. Restoration by others. D. Bond costs not included. E. Vinco is an open shop contractor. F. Testing not included. G. Owner to confirm sign contractors earthwork has been compacted to accept new flatwork. H. Survey/Layout/Staking by others. I. Minor grading to include one day for two people and skid steer . J. Items are not tied. K. No import/export included. Let me know if you have any questions. Talk with you soon, Mark R. Jay Sr. Project Manager ,ncoinc. M.Iay@vinco-inc.com 1 water. THE BIRTHPLACE OF MINNESOTA DATE: September 17, 2024 TO: Honorable Mayor and City Council FROM: Kori Land, City Attorney SUBJECT: Charter Amendments Sections 4.03 and 5.12 BACKGROUND On August 20, 2024, the Council approved the first reading of ordinance amendments to Charter Sections 4.03 and 5.12. The amendments have been published for a public hearing and are ripe for consideration by the Council for final reading. As a reminder, Charter Amendments require unanimous consent of all members of the Council and do not take effect for 90 days after publication. DISCUSSION Charter Section 4.03 Filing for Office The City Council passed a Resolution on June 16, 1970, which requires the City of Stillwater to hold a primary if there are more than double the number of candidates than seats available for that office. (Resolution 4447 is attached) A primary is not required under regular election law, but Minnesota Statute, Section 205.065 allows cities the option to require a primary, which Stillwater chose to do. According to Washington County, Stillwater is the only city in Washington County that requires a primary. The Charter Commission recommended repealing the primary election requirement on a vote of 8-1. The "no" vote believed that it is good democracy to have more elections, not fewer, and preferred narrowing down the list of candidates for the general election. If the Council supports the recommendation of the Charter Commission, the Council must approve the ordinance amendment AND rescind Resolution 4777. ACTION REQUESTED: Hold the public hearing Consider Adopting the Ordinance Amending City Charter Section 4.03 Consider Adopting Resolution Revoking Resolution 4777 Charter Section 5.12 Conflict of Interest: financial disclosure Charter Section of 5.12 requires that all Boards, Commission, Council members, certain members of Staff, as well as the City Attorney's office, complete a financial disclosure form. Here is the list of officials that must fill out the form: 1. Members of all Boards and Commissions 2. Elected officials 3. Department Heads 4. City Administrator 5. City Attorney (and all members of the firm) 6. Other The rationale behind the disclosures is to remind all of these "officials" that they cannot have a financial conflict in a matter that comes before them. It is important to remember that even if the City did not require a financial disclosure form, financial conflicts of interest are prohibited by law and are punishable by voiding the contract, by being removed from office and in some cases, by gross misdemeanor criminal charges. Anyone who has a potential conflict of interest is required to disclose it and not participate in the discussion or the vote. Regardless of the completion of the "form," this disclosure and abstention is required. The Charter Commission reviewed the list and recommended it be revised so that only the following elected or appointed city officials must complete the financial disclosure form: 1. Members of the Planning Commission and Heritage Preservation Commission 2. Elected and appointed Mayor and Council 3. Community Development Director 4. City Administrator All city officials are prohibited from having a financial conflict of interest, whether they are staff, a consultant, or a commission member. Regardless of whether or not they complete the financial disclosure form, they are not excused from complying with state law. The Charter Commission recommended revising the list on a vote of 8-1. The "no" vote believed that all city officials should still have to complete a financial disclosure form. ACTION REQUESTED: Hold the public hearing Consider Adopting the Ordinance Amending City Charter Section 5.12 ATTACHMENTS Resolution 4447 — Primary Elections Resolution Revoking Resolution 4777 Charter Amendment Section 4.03 — Filing for Office Charter Amendment Section 5.12 — Conflicts of Interest 2 City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CHARTER OF THE CITY OF STILLWATER SECTION 4.03, REGARDING FILING FOR OFFICE The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Charter Section 4.03 is hereby amended as follows: Any voters of the City qualified under the State Constitution for elective office may, by filing an affidavit and paying a filing fee to the City Clerk, have his or her name placed on the municipal primary ballet er if there io net a pFimaFy elentien the MURiGipal election ballot. The Council shall set the fee and dates by ordinance. SECTION 2 SAVING. In all other ways, the Stillwater City Charter shall remain in full force and effect. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication according to law. SECTION 4 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The Charter Amendment removes the requirement for a primary election to be held if more than two candidates have filed for any office. Adopted by the City Council of the City of Stillwater this 17th day of September, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RESOLUTION NO. 4447 RESOLUTION FIXING DATE FOR CITY PRIMARY ELECTIONS. BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that nominees for city offices shall be chosen by a primary election system as provided by Chapter 205 Laws of State of Minnesota. Date of said primary election shall be the same as the date provided by state law for primary elections for state constitutional and legislative offices. This Resolution shall take effect upon the effective date of Ordinance No. 453 amending Article 4 of the City Charter of the City of Stillwater. Adopted by the City Council this 16th day of June, 1970. Published: June 25, 1970 Mayor Attest: City Clerk RESOLUTION NO. 4448 RESOLUTION DESIGNATING THROUGH STOP SIGN LOCATION IN THE CITY OF STILLWATER. BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following location be, and is hereby, designated as through stop sign location in the City of Stillwater: INTERSECTION STREET STOPPED West Olive Street & South Sixth Street Olive Street ( N. E. Corner) Adopted by the Council this 23rd day of June, 1970. Published: July 1. 1970 f Mayor Attest: 4 F / City Clerk i J i City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION REVOKING CITY COUNCIL RESOLUTION 4447 REGARDING THE REQUIREMENT FOR PRIMARY ELECTIONS WHEREAS, the Stillwater City Council adopted Resolution 4447 on June 16, 1970 requiring that nominees for city offices be chosen by a primary election system; and WHEREAS, Minnesota Statutes, Section 205.065 states that such a resolution is effective until it is revoked; and WHEREAS, the City desires to revoke Resolution 4447 and no longer require that nominees for city offices be chosen by a primary election. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that City Council Resolution 4447, adopted on June 16, 1970 that required a primary election system is hereby revoked, rescinded, and terminated and is no longer in force or effect. Adopted by the Stillwater City Council this 17th day of September, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CHARTER OF THE CITY OF STILLWATER SECTION 5.12, SUBD. 3, REGARDING CONFLICT OF INTEREST AND FINANCIAL DISCLOSURES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Charter Section 5.12, Subd. 3, is hereby amended as follows: Subd. 3. Disclosure required. Within 30 days after April 30, 1999, and within 30 days after taking the oath of office and within 30 days after any change in a statement previously filed, each member of the Planning Commission, Heritage Preservation Commission, the Community Development Director, the City Administrator, and elected or appointed members of City Council,ef#i-G�must file on forms approved by the City Council and obtained from the City Clerk: (1) With respect to real property, not including the official's homestead, located in the City: (a) The location of any property in which the official has or has had an interest within the previous three years. (b) The location of property in which the official knows his or her spouse or minor child to have a present interest or an interest within the previous three years; (c) The name of the person possessing each interest referred to in paragraphs (a) and (b) above; (d) The nature of each interest referred to in paragraphs (a) and (b) above. (2) With respect to any non -ownership business relationship the official has with any company, partnership, firm, corporation, labor union, association or other entity doing business with the City: (a) The name of any entity; (b) The title of each position held in connection with each entity; (c) Whether compensation is involved in connection with each position. (3) With respect to any ownership interest constituting more than five percent of the total ownership in any corporation, firm, partnership or other entity doing business with the City, indicate: (a) The name of the entity. (b) The type of ownership interest. SECTION 2 SAVING. In all other ways, the Stillwater City Charter shall remain in full force and effect. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication according to law. SECTION 4 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The Charter Amendment clarifies the officials that are required to submit financial disclosures. Adopted by the City Council of the City of Stillwater this 17th day of September, 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 i water THE BIRTHPLACE OF MINNESOTA DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Sharon Provos, Finance Director SUBJECT: 2025 Preliminary Budget and Tax Levy/Truth in Taxation Meeting Date DISCUSSION The City Council has reviewed and discussed 2025 Budget proposals on August 20th and September 3rd. These discussions have resulted in a General Fund Operating proposed tax levy of $15,811,130 and a proposed debt service levy of $4,489,403. This total proposed levy of $20,300,533 results in a 7.813% increase over the 2024 levy. The Preliminary Levy has to be set by September 30th. The City has the option to reduce the levy prior to final adoption but cannot increase the levy after the September 30th deadline. The Truth in Taxation proposed meeting date is 7:OOpm on December 3rd, 2024. ACTION REQUESTED Adopt Resolution 2024-xx Adopting the Proposed Tax Levy for the Payable Year 2025 Adopt Resolution 2024-xx Adopting the Proposed Budget Appropriations for the Year 2025 Adopt Resolution 2024-xx Setting the Payable 2025 Truth- N-Taxation Public Meeting City of Stillwater Washington County, Minnesota RESOLUTION 2024- ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2025 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $20,300,533 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2025. FURTHER BE IT RESOLVED, that the sum of $41,800 is hereby levied against all taxable properties within the WMO (Watershed Management Organization) parcel -specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2025. The Levy consists of the following: GENERAL TAX LEVY: $15,811,130 DEBT SERVICE TAX LEVY: Fund Required Levy for 2025 Amount 314 G.O. Capital Outlay 2014A 478,213 326 G.O. Capital Outlay 2016A 240,660 327 G.O. Capital Outlay 2017A 173,129 318 G.O. Capital Outlay 2018A 477,978 339 G.O. Capital Outlay 2019A 428,663 321 G.O. Capital Outlay 2021A 402,675 322 G.O. Capital Outlay 2022A 578,130 323 G.O. Capital Outlay 2023A 584,955 Subtotal $3,364,403 New Debt G.O. Capital Outlay 2024 750,000 G.O. Capital Outlay 2025 375,000 Total Debt Service Tax Levy $4,489,403 TOTAL TAX LEVY $20,300,533 PARCEL -SPECIFIC LEVY WMO Levy $41,800 Adopted by the Stillwater City Council this 17th day of September, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024- ADOPTING THE PROPOSED BUDGET APPROPRIATIONS FOR THE YEAR 2025 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget appropriations for the year 2025 in the amounts for the following funds: Fund Fund Name Amount 100 General Fund $ 20,223,450 200 Special Events Fund 60,000 202 St Croix Valley Recreation Center Fund 2,118,924 230 Library Fund 1,689,044 240 Parks Fund 1,669,790 251 Downtown Beautification Fund 29,000 255 Washington County Recycling Fund 26,550 285 Lodging Tax 343,395 Total $ 26,160,153 Adopted by the Stillwater City Council this 17th day of September, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor /_11aI=I9 Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024- SETTING PAYABLE 2025 TRUTH -N -TAXATION PUBLIC MEETING BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Payable 2025 Truth -in -Taxation meeting shall be at 7:00 p.m., Tuesday, December 3, 2024. Adopted by the Stillwater City Council this 17th day of September, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Board of Commissioners Wn.qbinotnn Fran Mixon, District 1 Chair, Stan Karwoski, District 2 ^� County Gary Kh, District 3 Karla Bighamam, District 4 BOARD AGENDA Michelle Clasen, District 5 September 10, 2024 - 9:00 AM All listed times are approximate. Board Workshops will start immediately following the conclusion of the Board meeting. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the August 27, 2024, County Board meeting minutes. B. Adopt a resolution to approve an amendment to the grant agreement with the Minnesota Housing Finance Agency in the amount of $116,100 to provide Family Homeless Prevention and Assistance Program (FHPAP) services for the period of October 1, 2023, through September 30, 2025. C. Approve an amendment to Contract No. 14285 with Century Link Total Advantage Express for the county's Primary Rate Interface (PRI) phone services, extending the contract through September 15, 2025. D. Approval of Joint Powers Agreement No. 253368 for election recount services with the State of Minnesota, Office of the Secretary of State. E. Approve a grant application to the Conservation Partners Legacy Grant Program for habitat restoration at Big Marine Park Reserve. F. Approve a grant application to the Conservation Partners Legacy Grant Program for habitat restoration at Lake Elmo Park Reserve. 4. 9:10 Attorney's Office - Kevin Magnuson, County Attorney A. Review the 2025 recommended budget for the Attorney's Office. 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 Washington County 5. 9:50 Public Health and Environment - David Brummel, Director A. Recognition of the Excellence in the Application of the Opioid Litigation Principles Awards, given to Washington County Department of Public Health & Environment for Quarter 2, 2024. 6. 10:05 Public Works - Mike Kline, Engineer I A. Approve Contract No. 16829 in the amount of $281,598.80 with Nadeau Companies, Inc. for the Ravine Park Drainage Improvements Project. 7. 10:20 General Administration - Kevin Corbid, County Administrator 8. 10:30 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to thefull Board on committee activities, make comments on matters ofinterest 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. 9. Board Correspondence 10. 10:45 Executive (Closed) Session - Human Resources A. Executive (closed) session for the purposes of discussing active litigation, Evans v. Washington County, per Minnesota Statute 13D.05 Subd. 3(b). 11. 12:00-12:15 Break 12. 12:15 Executive (Closed) Session - County Administrator's Performance Review A. Executive (closed) session to conduct the annual performance review for County Administrator Kevin Corbid. 13. 1:30 Adjourn 14. 1:35 Board Workshop with Administration A. Review the 2025 recommended Washington County budget. 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