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2024-10-15 CC Agenda Packet
Wa ter 216 4th Street N, Stillwater, MN 55082 ,. C.l ` 651-430-8800 \ www.stillwatermn.gov The Birthplace of Minnesota J REVISED AGENDA CITY COUNCIL MEETING October 15, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Council Service Award for Community Thread Director, Sally Anderson 2. Site Preservation and Historical Marker 3. River -front 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. Human Resource Director 7. Fire Chief 8. Finance Director 9. Interim Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator VII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 13. October 1, 2024 Closed Session, Workshop and Regular Meeting Minutes 14. Payment of Bills 15. 2024 Street Improvement Project Easement Acquisitions along Greeley Street - Resolution 16. Alcohol Training Ordinance Amendment - Ordinance 2nd reading 17. Assessment Appeal Waiver Agreement and Assessment Adoption for 301 Stillwater Ave - Resolution 18. Historic Lift Bridge Lighting MnDOT Limited Use Permit - Resolution 19. Loop Trail Snow Removal 2024-2027 Joint Powers Agreement - Resolution 20. Lumberjack Landing Aiple House Renovation Architecture Services Contract Amendment 21. Short Term Home Rental License for 404 Churchill St W 22. Storage Area Improvement at Public Works Agreement 23. Temporary Liquor License for Valley Chamber Chorale 24. Therapeutic Massage Business License and Individual Massage Therapist Licenses - Resolution 25. Washington County Mass Community Notification System Joint Powers Agreement 26. Downtown Li_ghtin_a Proiect Materials Testing Agreement 27. Northland Park Fence Proiect Agreement Vlll. PUBLIC HEARINGS — when addressing Council please limit your comments to 10 minutes orless. 28. Proposed Assessments for 2024 Street Improvement Project - Resolution 29. Proposed Assessments for Delinquent Abatement Cleanup Fees, Administrative Citations Fees and Solid Waste Fees - 3 Resolutions 30. Fee Schedule Amendment for Liquor License Fee Increase - Ordinance 2nd Reading IX. UNFINISHED BUSINESS X. NEW BUSINESS XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT 11 ater, w THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $1,574,609.88 has been sent to the Mayor and City Council Members to approve for payment. water. THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jesse Farrell, Deputy Director of Public Works/City Engineer SUBJECT: Approve Construction Materials Testing Services Proposal - Downtown Lighting Improvement Project (Project 2022-07) BACKGROUND The Downtown Lighting Improvement Project includes improvements on MnDOT right of way, and on State Aid designated street segments. To meet MnDOT requirements, some construction materials will need to be tested. The City received a bid from Braun Intertec in the amount of $18,424. This amount will not be exceeded, it is the intent of staff to minimize testing to the extent practical. The Downtown Lighting Improvement Project is being funded from a variety of sources, including Municipal State Aid funds, and ARPA funds and Lighting Enterprise funds. RECOMMENDATION Staff recommends that the City Council approve the proposal from Braun Intertec for Construction Materials Testing Services for the Downtown Lighting Improvement Project 2022-07. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion authorizing the Mayor and Clerk to enter into contract, upon City Attorney review. illwa-ter- The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 15th day of October 2024, by and between the City of Stillwater, 216 41h Street North, Stillwater, Minnesota 55082, ("City") and Braun Intertec Corporation, 11001 Hampshire Avenue S, Minneapolis, MN 55438 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: 2022-07 Downtown Lighting Improvement Project — Construction Materials Testing Services WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 9/23/24, incorporated herein as Exhibit A; b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay, and Consultant agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. This Agreement expires on 10/15/2025. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Jesse Farrell, to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated John Rutherford, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 per claim/aggregate. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Jesse Farrell Or e-mailed: jfarrell@stillwatermn.gov If to Consultant: Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Attention: John Rutherford Or e-mailed: jrutherford@braunintertec.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Allocation of Liability. Neither party shall be liable to the other for any consequential, punitive, indirect, incidental, or special damages, or loss of use or rental, loss of profit, loss of business opportunity or revenue, or cost of financing or such other similar and related damages asserted in third -party claims or claims by either party against the other. Consultant's aggregate liability for all claims arising out of this Agreement, including any defense obligation, is limited to $2,000,000. c. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. e. 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. f. 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. g. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M M Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: .19 BRAUN INTERTEC CORPORATION Its: Senior Vice President Date: October 11, 2024 Project Description: 2022-07 Downtown Lighting Improvements Project— Construction Materials Testing Services B RAU N INTERTEC The Science You Build On. September 23, 2024 Jesse Farrell, PE City of Stillwater 2164thStN Stillwater, MN 55082 Braun Intertec Corporation Phone: 952.995.2000 11001 Hampshire Avenue S Fax: 952.995.2020 Minneapolis, MN 55438 Web: braunintertec.com Revised Proposal QTB174483 Re: Revised Proposal for Construction Materials Testing Services City of Stillwater Downtown Lighting Improvements Project S.A.P. 169-020-013, 169-104-012, 169-106-009, 169-010-009 City Project No. 2022-07 Stillwater, Minnesota Dear Mr. Farrell: Braun Intertec Corporation is pleased to submit this revised proposal to provide construction materials testing services for the Downtown Lighting Improvements Project in Stillwater, Minnesota. Since our inception in 1957, we have grown into one of the largest employee -owned engineering firms in the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project We understand this project will include the construction of new concrete curb and gutter, street light pole foundations with installation of new light poles, along with spot sidewalk replacements. Project locations are as follows: ■ Chestnut Street East from Olive Street to Main Street ■ Myrtle Street East from 3rd Street to Main Street ■ 2nd Street South from Myrtle Street to Mulberry Street East ■ Main Street from 700 feet South of Nelson Street to Elm Street This project is a City of Stillwater project with state -aid funding. Projects that are constructed with state - aid funding are required to perform Quality Control and Quality Assurance (QC/QA) testing in accordance with the Minnesota Department of Transportation's (MnDOT's) 2020 Standard Specifications for Construction and MnDOT's Schedule of Materials Control. We understand this project is using MnDOT's 2023 Schedule of Materials Control. Personnel with MnDOT certifications must complete the monitoring and testing. Braun Intertec will perform the QA field testing on the project as listed in our scope of services and as shown on our attached cost estimate table. The contractor will be responsible for performing all of the required QC testing and submitting all the documentation upon completion of the project. An audit of the project could be conducted upon completion. The audit may include reviewing tests and paperwork provided by your QC/QA representative. City of Stillwater Revised Proposal QTB174483 September 23, 2024 Page 2 Available Project Information This proposal was prepared using the following documents and information. ■ Project plans and specifications prepared by Short Elliott Hendrickson, Inc., dated May 17, 2024. ■ Project Addendum Number 1 and 2 dated June 27, 2024 and June 28, 2024, respectively. ■ Email correspondence with Brett Larson from Short Elliott Hendrickson, Inc. regarding scope of work and project specifications. Braun Intertec Project Personnel For this project, we will provide technicians that are MnDOT certified in each specialized field. For the proposed scope of services, our staff will have the following certifications: ■ Concrete Field I ■ MnDOT or ACI Strength Testing Accredited Laboratory In the 2023 Schedule of Material Control, which is part of this project's testing requirements, MnDOT requires laboratories performing acceptance tests for payment to be accredited by the AASHTO Resource (formerly AASHTO Materials Reference Laboratory [AMRL]) for all test procedures performed. Braun Intertec is one of the few independent testing companies that is accredited in the metro area. With Braun Intertec's Metro Material Laboratory typically operating 24 hours a day, laboratory test results are delivered in a timely manner. Scope of Services Testing services will be performed on an on -call, as -needed basis as requested and scheduled by you or your on -site project personnel. Based on our understanding of the project, we propose the following services. Concrete Field Testing Related Services ■ Sample and test the plastic concrete for slump, air content, temperature prior to placement. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us. ■ Prepare 4-inch by 8-inch cylinders for compressive strength testing. A set of three cylinders will be tested at 28 days for each set cast. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. ■ Laboratory compressive strength testing of cylinders. BRAUN INTERTEC City of Stillwater Revised Proposal QTB174483 September 23, 2024 Page 3 Reporting and Project Management Test results will be issued weekly for the project as the various tasks are performed. If, at any time, there are failing tests which do not appear to be in accordance with the plans and specifications or MnDOT's Schedule of Materials Control, we will notify the engineer's representative and any others that we are directed to notify. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include: ■ We assume thirty-eight sets of concrete tests will be required to complete the project. ■ We assume the rebar observations before concrete placements will be completed by the project representative's construction oversight manager. ■ We understand MnDOT Metro Inspections will perform concrete batch plant monitoring and testing for this project. ■ We assume MnDOT will calibrate and certify the ready -mix concrete plant. ■ We assume the project engineer of record will review and approve the contractor's quality control submittals and test results. ■ You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work. ■ We will require a minimum of 24 hours' notice for scheduling inspections for a specific time. Shorter than 24 hours' notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. Cost and Invoicing We will furnish the services described herein for an estimated fee of $18,424. Our estimated costs are based on industry averages for construction production. Depending on the contractor's performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. BRAUN INTERTEC City of Stillwater Revised Proposal QTB174483 September 23, 2024 Page 4 This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor's construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal. BRAUN INTERTEC City of Stillwater Revised Proposal QTB174483 September 23, 2024 Page 5 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact John Rutherford at 651.487.7052 (jutherford@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION ,4 / J n P. Rutherford Senior Project Manager Charles M. Cadenhead, Jr., PE Vice President, Principal Engineer Attachment: Cost Estimate Table The revised proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date BRAUN INTERTEC B RADII N Project Proposal I NTE RTEC QTB174483 City of Stillwater Downtown Lighting Project SAP 169-010-009 The Science You Build On. Client: Work Site Address: Service Description: City of Stillwater Various Streets Construction Materials Testing Jesse Farrell Stillwater, MN 55082 SAP 169-020-013 216 4th St N SAP 169-104-012 Stillwater, MN 55082 SAP 169-106-009 (612) 439-6121 CP 2022-07 Description Quantity Units Unit Price Extension Phase 1 MnDOT Materials Testing Activity 1.1 Concrete Testing $15,572.00 261 Concrete Testing 95.00 Hour 94.00 $8,930.00 Work Activity Detail Qty Units Hrs/Unit Extension Pole Foundations 26.00 Trips 2.50 65.00 Flatwork 10.00 Trips 2.50 25.00 Curb & Gutter 2.00 Trips 2.50 5.00 1364 Compressive strength of concrete cylinders (ASTM C 39), each 114.00 Each 38.00 $4,332.00 Work Activity Detail Qty Units Hrs/Unit Extension Pole Foundations 26.00 Sets 3.00 78.00 Flatwork 10.00 Sets 3.00 30.00 Curb & Gutter 2.00 Sets 3.00 6.00 278 Concrete Cylinder Pick up 24.00 Hour 94.00 $2,256.00 Work Activity Detail Qty Units Hrs/Unit Extension Cylinder Pickup 16.00 Trips 1.50 24.00 1861 CMT Trip Charge 54.00 Each 1.00 $54.00 Activity 1.2 Project Management $2,852.00 226 Project Manager 12.00 Hour 174.00 $2,088.00 228 Senior Project Manager 1.00 Hour 200.00 $200.00 238 Project Assistant 6.00 Hour 94.00 $564.00 Phase 1 Total: $18,424.00 Proposal Total: $18,424.00 09/23/2024 03:21 PM Page 1 of 1 DATE (MM/DD/YYYY) ,d►� �� CERTIFICATE OF LIABILITY INSURANCE 710/10/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificates Department NAME: Kraus -Anderson Insurance Agency, Inc. PHONE FAX 420 Gateway Blvd 1C No Ext : 952-707-8200(MC, A/c No): 952-890-0535 Burnsville MN 55337 ADDRESS: Certificates@kainsurance.com INSURER A: The Phoenix Insurance Company 25623 INSURED BRAUINT-01 INSURER B: Travelers Property Casualty Co 25674 Braun Intertec Corporation 11001 Hampshire Avenue S INSURERC: Continental Casualty Company 20443 Minneapolis MN 55438 INSURERD: Travelers Property Casualty In 36161 INSURER E : COVERAGES CERTIFICATE NUMBER: 1606183289 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR NUMBER PICPOLICY MM DDY/YYYY EXP MM DDY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 6608N681669 9/1/2024 9/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 X MED EXP (Any one person) $ 10,000 XCU; BFPD X Contractual Liab PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE O LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 8109N171016 9/1/2024 9/1/2025 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ I PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY D X UMBRELLA LIAB X OCCUR CUP8N707978 9/1/2024 9/1/2025 EACH OCCURRENCE $14,000,000 AGGREGATE $ 14,000,000 EXCESS LIAB CLAIMS -MADE DED I X IRETENTION $ 1 n non $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N U136Y589247 9/1/2024 9/1/2025 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability- Incl. EEH114132066 9/1/2024 9/1/2025 Each Claim $10,000,000 Pollution Incident - Claims Made Aggregate $10,000,000 & Reported Retention $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: B2409401; # SAP 169-010-009; 2022-07 City of Stillwater Downtown Lighting Improvement Project. The Certificate Holder is an Additional Insured under the Commercial General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Stillwater 216 4th St N AUTHORIZED�n^REPRESENTATIVE V v\I- 1� Stillwater MN 55082 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: 2024 Park Fencina — Northland Park BACKGROUND In the 2024 Park's Capital Outlay Budget, the City approved $30,000 for Lily Lake playground fencing. The project was completed for $12,275.00. This past summer, new dugouts were installed at Northland Ballfield, creating the need to replace the infield fence. The current condition of the fence at Northland is very poor which presents many safety concerns. Staff would like to use the remaining $17,725.00 of the capital outlay fencing budget to install the fence at Northland Ballfield. Staff have received three quotes for installing fencing at Northland, with the lowest quote coming from Cyclone Fence at $18,376.00. This amount is over the budgeted $30,000 by $651.00. Staff has saved money on other capital outlay items to make up the overage. RECOMMENDATION It is recommended that Council approve the contract with Cyclone Fence to install fencing at the Northland Ballfield. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH CYCLONE FENCE FOR INSTALLATION OF FENCING AT THE NORTHLAND BALLFIELD. �l water The Birthplace hplace of Minnesota .7 AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 151h day of October, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Cyclone Fence, 749 2201h Ave, Somerset, WI 54025 ("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; 2024 Park Fencing — Northland Park 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 11/27/2023, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. TERM. This Agreement expires on 10/15/25. 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 Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Cody DeNucci 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 Dave Sindt 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 Cyclone Fence 216 4th Street North 749 220th Ave Stillwater, MN 55082 Somerset, WI 54025 Attention: Cody DeNucci Attention: Dave Sindt Or e-mailed: cdenucci@stillwatermn.gov Or emailed: cyclonefenceinc@gmail.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 M CONTRACTOR CYCLO E FENCE By: By (Please Print): ;!1 Title (Please Print): r 0 Project Description: 2024 Park Fencing — Northland Park Cyclone Fence For: City of Stillwater 2 cdenucci@ci.stillwater.mn.us 12975 75th St. N, Stillwater, MN 55082 651-275-4101 Description Add 4' back stop overhang. Materials, labor, and taxes included. Permit done by owner if needed. Installation of 226' of 8' tall galvanized chain link, reusing 2 existing 4' wide gates. Also Installation of 300' of 4' tall galvanized chain link with 1 -14' wide double gate. Materials, labor, and taxes included. Permit done by owner if needed. Terms and Conditions 749 220th Ave Somerset, WI, 54025 715-247-5718 cyclonefenceinc@gmail.com www.acyclonefence.com Estimate Estimate No: 4072 Date: 11/27/2023 Amount Subtotal $24,970.88 Total $24,970.80 Total 1. Due to crews working at different rates each day, weather, and other events, we cannot supply an exact installation date. We can only give an estimated date. 2. If a customer approves a special order job and decides to cancel, customer is required to pay the full material cost presented by Cyclone Fence. 3. The customer is responsible of location of fence. 4. The customer is solely responsible for any errors in the location of fence. 5. Any permits required are the homeowners responsibility. 6. Customer is responsible for all private lines including, but not limited to, sprinkler, gas, and electric (not marked by Diggers Hotline). 7. Any hand digging, brush cutting, digging through rock, or grading may be subject to additional charges. 8. Credit cards are subject to 3% fee. 9. All invoices are due the day the fence is complete. By approving the quote you are agreeing to all terms and conditions 1/2 Photo 1 Cyclone Fence - Estimate 4072 - 11/27/2023 2/2 1 (Water The Birthplace of Minnesota J 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING October 15, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Council Service Award for Community Thread Director, Sally Anderson 2. Site Preservation and Historical Marker 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. Human Resource Director 7. Fire Chief 8. Finance Director 9. Interim Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator VII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 13. October 1, 2024 Closed Session, Workshop and Regular Meeting Minutes 14. Payment of Bills 15. 2024 Street Improvement Project Easement Acquisitions along Greeley Street - Resolution 16. Alcohol Training Ordinance Amendment - Ordinance 2nd reading 17. Assessment Appeal Waiver Agreement and Assessment Adoption for 301 Stillwater Ave - Resolution 18. Historic Lift Bridge Lighting MnDOT Limited Use Permit - Resolution 19. Loop Trail Snow Removal 2024-2027 Joint Powers Agreement - Resolution 20. Lumberjack Landing Aiple House Renovation Architecture Services Contract Amendment 21. Short Term Home Rental License for 404 Churchill St W 22. Storage Area Improvement at Public Works Agreement 23. Temporary Liquor License for Valley Chamber Chorale 24. Therapeutic Massage Business License and Individual Massage Therapist Licenses - Resolution 25. Washington County Mass Community Notification System Joint Powers Agreement Vlll. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes orless. 26. Proposed Assessments for 2024 Street Improvement Project - Resolution 27. Proposed Assessments for Delinquent Abatement Cleanup Fees, Administrative Citations Fees and Solid Waste Fees - 3 Resolutions 28. Fee Schedule Amendment for Liquor License Fee Increase - Ordinance 2nd Reading IX. UNFINISHED BUSINESS X. NEW BUSINESS XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT (S.jkater THE BIRTH PLAfE OF MINNESOIR S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to C'ammcuut* Lenten, and for outstanding service in support of the City of Stillwater's mission. �� ko---�� Ted Kozlowski, Mayor Date of recognition: October 15, 2024 10/15/24 Proposed Site Preservation &Histor4' ical Marker - Bob Kroening Out lot H, Liberty on the Lake Stillwater, MN Proposed Site Preservation & Historical Marker.... Out lot H, Liberty on the Lake near the intersection of Manning Ave. &Highway 12 (adjacent to Washington county walk/bike trail, Rutherford Road, &Rutherford Elementary School). County Biking/Walking path Washington County Patriots Tavern Kwik Trip Q K ri D ko 75th St tJ Rutherford Elementary School 72ndS, ti Proposed historical site & marker City of Stillwater (Rutherford Elementary) Out lot H, Liberty on the Lake Kroening (Newman) Family NOTE: Out lot H, Liberty on the Lake is currently designated as open green space. oil: Ah 0 Ah j-,"14ft [KNE-0 & have a historical m;; wi� Ile It Rutherford Farming community 3 miles west of the city of Stillwater (Grant & Stillwater township) homesteaded in the 1840s & 1850s primarily by families from northeastern US including the Masterman, Newman, Powell, Ramsden, & Rutherford families. 1, N a5 /lF« r• rs/rplr'.s F'.S/. SawTfLL(o.• .r' �''.v+ J'•' � � a7i a /rr .,- iCrp� I I� + 7¢7 � n r rrr /. J I E•st .ZSQQC I `✓ - 1 Q ,_-_ or ,ro IL.Serve 40 � slarp rrr�1 / af*/ire•r .Kar'1- filrrOS 5 y �'St yo ■ 80 14287 cuS .rosoy NE N AGI � �r:.rl ISSl9 r7' f „ � Ka.►•rl�,r + + A !I'� 1.3 • rr roo.6 3// . 4 �=1 .rrrs IO a`tJ SErtpl I rA, ■ : o ■ /h 3 U fjtbt'zLLto ('arlso :ny.x dahl F :c r '� 0 ro Ghus.d�vey y y, C a¢N �o■ r— tt� Q o .• %�C1 nStia,ry M o h. ' �_`'� C /� j /'. rrr r"CX r. ,Q+ o •/no hQQ /55 62 C OI SO rr, ���Oelll ntlt C 1 r r �\ -; ■ ■ V Fi ��1 .. clififil K�re,SLt�r( J. D. �i's''t ical .SR Anson-/ /l. d. Klrr{' MAPLE GROVf.� U tp R `■ � � 8U 120 sTocK FARM �ff"41horfvrrl Oite I�arh ��■ \� / / r ts[Ze 4 S4 F'rtd S[ru•/ /=o:' •� '` Ir'rr A•S Rros ' fl' /r. W. S. / . �b ., ctJuri {R Kc nrI h' Isau� / ri, ;s.ac - av +�• y' 'Go Arc f h e r%rd % �' - -- - . - -- s ♦LIP■ .Z' Srnt&ter / / / / „ \ \ o /lurrzer� Fre •Ii rc eT _A. 9 Rarnsr.r �� /.�G..•ny. I r_f al \ INGIESi -.� \ ,1!«Ste rrrr«rr r 3.- S OCK FARM /r•r J itCn ��` Nets )Wins Ii f•.Ye•w"?tr/t ,lelcrnf �' of 8O■ -/O v = +� i{p Es L 40 .1 I �A J. /•�+s �nry Itep �r ■ St. N 1. Le8 / A F er r r� e% //. R ! I7 rtrPr'ConneU- e / lea J•. St a Rus(.hI, � NeWrntr rt Iro" '1� /:� 75t" St. N. Boutwell Road Streetcar Line Manning Avenue - Map images from 1901 Washington County Plat Book Rutherford Neighborhood.... As the community rew the Rutherford family donated land in 1850s for a cemetery and schoolhouse. Rutherford SchoolDistrict #7) was located on Stillwater Road (now Boutwell Road) and closed in 1912. '0010/0 0 r ' s. Rutherford Neighborhood.... In 1969 Mildred Abbetmeyer Newman wrote &published book on the Rutherford Neighborhood. ■ w .i + 4'. ti' rl There are many histories written about Minnesota, Washington County and Stillwater. Some of the most interesting and rare stories that are told are those from neighborhoods. Don Empson wrote about several of the Stillwater neighborhoods back in the 1990s and early 2000s, but Mildred Newman wrote the first neighborhood history about the Rutherford Neighborhood. In the front of the book Mildred noted, "In assembling the information for the twenty-five or more sketches in this Rutherford Neighborhood historical study, the author visited the Neighborhood families, discussing with them their genealogies, experiences, and facts and figures contained in their journals and diaries" She also said, "The people of the historic Rutherford Neighborhood three miles west of Stillwater, Minnesota, in Washington County, possessed character and stability that contributed strength and vitality to a young and growing nation. The lives of the people here were dominated by love of home and country, by love of the good earth, and by love of God. They were hard working, honest, and frugal. The name of Rutherford was applied to the area because of the numerical domin,inc e of settlers h,,• the name of Rutherford" - 7125121 Stillwater Gazette, Brent Peterson's Back in Time column. St. Paul & Stillwater Streetcar line.... Twin City Lines streetcar system was extended to Stillwater in 1899. The St. Paul & Stillwater line enabled people to travel by streetcar from Stillwater all the way to Excelsior. THIS \IAP IMPHI:SENTS M .UtE:\-L6 JIIIJiti *'Nt JllLES POPCL.ATIO\ OVER000.1100 - Map images from 1914 Twin City Lines Streetcar Line Map ELECTRIC LINES }l2 J11LES }:1TRESS BOATS 111 I N N Y _ I17111n n—rnkr Rlrchr�.o y`\` �:Iru, I • .. y ad1 Proposed historical 1 Y4orw 1•:r.•1: �"� site &marker Crir 16'. aa, 11 Mi11'Ol}l� trill I i.cl• •Ilion /r, • � I/l for ,/ Lrtke 1 M I N N E S O T A LrtA n� morrr,��ar, j I„k�• ✓rt.1n WISCON n �rnllou i St. Paul & Stillwater Streetcar line.... Traveled across and through the middle of the Rutherford Neighborhood and along the shoreline of McKusick Lake...... 1111ite 1.1ir LnIke �:el collrr - Map image from 1914 Twin City Lines Streetcar Line Map ` ^"D eta modl Withe near rake 'e.t :Lrant Rtr'rlricoo Proposed historical lon.i. ,. site & markert't'%n!..awn / r..._._. i re,r iNorth t„k. { ttil.l'uul � I Nlhvor• Lnke '1 I 1 It nh. IIdwood Turk r•, I. 1 r�u{; rake Lorry Lake MI N N F S Lake ne �l(oeh•et•trle Lrrke Jrnrn X Rutherford Neighborhood •r'•ern:rn wnKrn St a'• i RATTLc. WTSCON nlmr %t itton 1906 postcard photo taken at this point in the streetcar line _ ilhvat1 A Masterman streetcar • stop (near intersection of •i r I. Manning Ave & Hwy 12) hu,tlrh.0 I — named after Rutherford Neighborhood resident j Albion Masterman whose - ' farmhouse was nearby. St. Paul & Stillwater Streetcar line.... .....& also served the city of Stillwater passing by the Carnegie Library, St. Croix Drug Company @ corner of Chestnut & Main Street, and stopping at the Stillwater Depot. The line was used until 1932. - 1906 postcard images Proposed Site Preservation & Historical Marker.... Utilize dedicated green space to share unique history of the area. Upon learning of the old District #7 schoolhouse architects created the Rutherford Elementary main entrance in recognition of the school's unique history. The original Rutherford school bell was presented to the school by the Newman family @ school's grand opening dedication. Historical marker location could be positioned to provide a clear line of sight to front entrance of Rutherford Elementary School AND could also include information about local native Americans that pre -date the Rutherford Neighborhood. 1 1 e Underneath all the overgrown/fallen trees & brush is a portion of the original St. Paul & Stillwater streetcar line including a cow pass. When the land is cleaned up & preserved, and small portion of the streetcar line is restored, it would be easily seen from county walk/bike path. Proposed Site Preservation & Historical Marker.... Will require a partnership with Washington County, City of Stillwater (School Board), &Landowner. County Biking/Walking path / 5th St N 7 5th St N Patriots Tavern Iii, Rutherford Elementary School Kwik Trip O �P 0 72ndS,, �v y 1 , GP o to rD � Z q4 AP D Z 1] St. Paul & Stillwater Proposed historical Streetcar Line Washington County site &marker p City of Stillwater (Rutherford Elementary) o Out lot H, A Liberty on the Lake Kroening (Newman) Family NOTE: Brent Peterson (Executive Director of the Washington County Historical Society) & Aaron Isaacs (Minnesota Streetcar Museum Board Chair) are both in support of the proposal and interested in providing their expertise to help preserve the site and install a historical marker. �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 j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES October 1, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Interim Community Development Director Gutknecht Finance Director Provos Fire Chief Glaser Police Chief Mueller Police Captain Julien Public Works Director Sanders Human Resources Manager Kroells Library Director Troendle ADJOURNMENT TO CLOSED SESSION Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adjourn to Closed Session. All in favor. The meeting was adjourned to Closed Session at 4:30 p.m. CLOSED SESSION Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann. City Attorney Land, Attorney Bjerkness, Public Works Director Sanders The Council met in Closed Session pursuant to Minn. Stat. Section 13D.05 subd. 3(b) for attorney -client privileged communication to discuss the Lakeview Hospital Easement Acquisition Litigation. Motion by Councilmember Polehna, seconded by Councilmember Junker, to reopen the meeting. All in favor. The meeting was reopened at 4:35 p.m. OTHER BUSINESS Cannabis Zoning Standards City Attorney Land explained that the City's moratorium prohibiting the approval of any new cannabis uses expires December 31, 2024. The City's CBD license (now called "lower - potency hemp edibles" meaning anything less than .3% THC) will be unenforceable as of City Council Meeting October 1, 2024 January 1, 2025, because the Minnesota Office of Cannabis Management will take over the licensing of all cannabis businesses. In order to comply with the new state requirements, the City will need to enact a registration process for retail cannabis businesses and adopt zoning regulations for all 13 cannabis uses legally recognized by the State of Minnesota. There are four broad categories of cannabis uses: lower potency, adult use retail, manufacturing, and cultivation. State law allows cities to restrict the distance from other cannabis businesses and places where minors tend to congregate such as schools, daycares and public parks. The City has a 1,000-foot restriction between all cannabis uses so they are not clustered in the same area and a 200-foot buffer from residential properties. She showed zoning maps with the types of cannabis uses proposed to be allowed within the zoning districts, and recommended the 1,000-foot buffer be retained under the new regulations. City Attorney Land then discussed THC beverages. Currently the City prohibits on -site consumption; low potency beverages are currently allowed only at off -sale exclusive liquor stores and breweries/distilleries. The City has 41 bars/restaurants with on -sale liquor licenses. She asked if the Council wishes to allow lower potency beverages at on -sale liquor establishments without buffer zones and in all zoning districts, or should there be zoning restrictions? Councilmember Odebrecht remarked it would be very hard for wait staff to monitor customers combining alcohol and THC consumption. Mayor Kozlowski stated he would like to have other cities figure this out first; and Councilmember Junker stated he would not want to permit on -site THC beverage consumption. Police Chief Mueller commented in terms of public safety, there is the concern of combining alcohol and THC beverages but public safety staff recognizes there are other substances being combined currently by consumers. There are more public safety concerns with alcohol sales than with THC sales. Ms. Land suggested the best approach may be to wait till the Council decides what to do about the social district concept, and then introduce on -sale THC beverages later. Council members noted they have not heard any demand for on -sale sales of THC beverages. Ms. Land gave an overview of industrial -type cannabis uses, micro business and mezzo business - within one building they could grow, harvest, manufacture the product, sell at retail and have on site consumption all within one building "seed to table." Because manufacturing these products smells like a skunk, legal staff felt a bigger buffer zone was important and recommends 500 feet from residential uses, instead of 200 feet and keeping the 1,000 foot buffer between like businesses and from schools and parks (Option 1). This scenario does not leave much eligible land. Option 2 would be reducing the school buffer from 1,000 feet to 500 feet, opening up more land for this use. Councilmember Odebrecht remarked that one of the more responsible businesses has been Lift Bridge on Tower Drive. He asked if Lift Bridge could be considered existing non- conforming under Option 1, and able to continue manufacturing THC beverages? Ms. Land replied they could argue that they are legal non -conforming, and therefore should be allowed to continue to manufacture and sell off -sale. Ms. Land went on to state that the cultivation map is smaller because the City has only two agricultural parcels. She outlined proposed performance standards that would apply to all uses and districts. One new regulation would be an odor ordinance. Page 2 of 7 City Council Meeting October 1, 2024 The consensus of the Council was to allow the lower potency cannabis edibles in the BPC District only, keep THC drinks as off -sale only, and Option 1 for mezzo/micro businesses. Ms. Land will refine the draft ordinance, take it to the Planning Commission on October 23, bring it back to the Council for fine tuning in November, have 1st reading no later than December 3, and ready for adoption December 17. Downtown Safety Camera Project Police Chief Mueller gave an overview of the 2024 Downtown Camera Project with the goals of deterrence, response to active violence, and to aid in case investigation. He explained the "flock safety" approach involving several crime prevention and investigation efforts, used by 40+ law enforcement agencies in Minnesota. The City is working with Washington County on grant funding. He showed the camera map indicating the placement of fixed cameras and license plate readers. The City also is trying to get MnDOT legislatively to allow this technology in their right-of-way. The next steps are to purchase and install cameras, working with Public Works to install them during the downtown lighting project, and to review other City -owned cameras for effectiveness and connectivity, and consider a sound detector and drones. Everything should be in place by spring of 2025. STAFF REPORTS Chief Mueller voiced gratitude as the community and public safety officers dealt with a lot of tragedy last week. RECESS Mayor Kozlowski recessed the meeting at 5:26 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Interim Community Development Director Gutknecht Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Assistant City Engineer Abdullah Human Resources Manager Kroells PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 3 of 7 City Council Meeting October 1, 2024 RECOGNITIONS OR PRESENTATIONS Stillwater Fire Department Oath of Duty Presentation for Erick Barrera and Devin Cates Fire Chief Glaser gave the Oath of Duty to Firefighters Barrera and Cates. Proclamation for Fire Prevention Week Mayor Kozlowski read a proclamation designating October 6-12 as Fire Prevention Week and reminded residents to check smoke detectors and carbon monoxide detectors. Chief Glaser spoke to the importance of fire prevention efforts and invited the public to the Fire Prevention Week open house October 12. Riverfront Renewal City Administrator Kohlmann reviewed a $13.S million plan to expand and enhance riverfront access, called "Riverfront Renewal." The project will transform Lumberjack Landing and Bridgeview Park through State funding, private donations, grants and City contributions. He showed proposed design plans for each project. $6 million funding from the State Legislature, and $1.1 million in grants and donations, has already been secured. In a November referendum, Stillwater voters will decide whether to accept a half percent sales tax to cover $6.2 million of project costs. The tax would end after 10 years or when the $6.2 million is secured, whichever comes first. He encouraged residents to make their voice heard in November voting. Mayor Kozlowski noted that this tax allows nonresidents to help fund improvements used by all. OPEN FORUM Jim Buggert, 101 Olive Street East, spoke about noise pollution from the Century Link building HVAC units which are aging and getting noisier. He played a cell phone recording made while on his deck. Interim Community Development Director Gutknecht responded that staff is working with code enforcement to measure the day and night decibel levels from all sides. STAFF REPORTS Public Works Director Sanders gave updates on the downtown lighting project, RFP closing for Bridgeview Park courtesy docks, and PSA treatment. Fire Chief Glaser passed along an appreciation letter from Our Saviors Lutheran Church for Emergency/CPR Training. Finance Director Provos reported the City maintained its AA rating and there were nine bids on the bond sale today. Interim Community Development Director Gutknecht updated the Council on hiring of an Assistant City Planner, and noted that the Emergency Housing project building permit was just issued. City Clerk Wolf noted that Waste Management will increase rates January 1, and Councilmember Odebrecht was appointed to the Browns Creek Watershed District Board of Managers. Page 4 of 7 City Council Meeting October 1, 2024 City Administrator Kohlmann stated Community Development Director interviews will be October 11. The Council welcomed Human Resources Manager Kroells to Stillwater. CONSENT AGENDA September 17, 2024 Regular Meeting Minutes Payment of Bills 2025 Street Improvement Project Soil Boring Agreement 2025 Street Improvement Project Survey Agreement Appointment of Election Judges for 2024 General Election - Resolution 2024-113 Bench Permit for U.S. Bench Corporation Encroachment Agreement for 419 2nd St. S. Fee Schedule Amendment for Liquor License Fee Increase - Ordinance 1st Reading Lumberjack Landing Aiple House Construction Management Agreement Joint Cable Commission and Parks & Recreation Commission Appointments Shoddy Mill and Bergstein Warehouse Design Agreement Social Media Management Contract Renewal Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Proposed Assessments for 2024 Sidewalk Rehabilitation Project Assistant City Engineer Abdullah reviewed the project. The feasibility estimate for the project was $182,016 and the final project cost is $123,676. The final assessment cost is $8.65 per square foot. Project funding is: assessments, $22,586 and City funds, $101,090. One objection was submitted. The assessment period would be five years for assessments less than $3,000, ten years for assessments between $3,001 and $10,000, and 15 years for assessments over $10,000, with interest added at 4.26% per year on the unpaid balance. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2024-114, Resolution Adopting Assessment for 2024 Sidewalk Improvement Project, Project 2024-03, with a revision to 4.26% interest rate and reduce the objectors' assessment. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS 3393 Pioneer Place Variance Appeal Interim Community Development Director Gutknecht stated that on June 26, 2024, the Planning Commission denied a Variance request to exceed the impervious surface and facilitate the construction of a pool. The pool project would increase the total impervious to Page 5 of 7 City Council Meeting October 1, 2024 approximately 41.7% coverage, where 25% is the maximum per the Shoreland Overlay District. Applicant Nik Hawley from Performance Pool and Spa appealed the decision. On September 3, 2024 the City Council tabled action and directed staff to review the proposed mitigation technique presented by the applicant and their contractor. Staff concluded that an appropriate plan would result in mitigation of the proposed improvements back to existing site conditions of 34% impervious surface. Due to the proposed mitigation plan, the unique situation of the Shoreland Overlay District and that the request is specifically for a pool, staff could support approving the variance with the inclusion of two conditions: 1) the proposed mitigation technique be increased to meet the standards as determined by the engineering staff and 2) the inclusion of a Stormwater Management Agreement. Councilmembers voiced appreciation for the applicants and City staff efforts to resolve the situation to the benefit of all. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2024-115, Resolution Adopting Findings of Fact to Overturn the Denial of a Variance Request to Exceed the Maximum Allowable Impervious Surface of 25% at 3393 Pioneer Place (Case Number CD2024-032). All in favor. Alcohol Training Ordinance Amendment Police Chief Mueller informed the Council that recently the City Code alcohol ordinance was changed as it relates to required training and documentation of training for individuals who serve alcohol. On reviewing this ordinance, with public input, staff recommends a clarification that will uniformly apply to all licensees (new and existing) and require ongoing and updated training to all employees who serve alcohol. The ordinance will require that all on -sale liquor licensees train any employee who will serve alcoholic beverages prior to the employee selling alcohol and annually to each employee thereafter. The employer is responsible for maintaining training records for each employee. The Police Department intends to provide annual or bi-annual training on this topic as well as online resources. This training is also required for individuals serving alcohol at events as part of a Temporary Liquor License. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt first reading of an Ordinance Amending Chapter 6, Article II1, Section 6-79(J) of the City Code of the City of Stillwater. All in favor. Sale of General Obligation Capital Outlay Bonds, Series 2024A Mikaela Huot, BakerTilly Municipal Advisors, gave an overview of the bond sale. Motion by Councilmember Dunker, seconded by Councilmember Polehna, to adopt Resolution 2024-116, Providing for the Issuance and Sale of $3,680,000 General Obligation Capital Outlay Bonds, Series 2024A, and Levying a Tax for the Payment Thereof. All in favor. COUNCIL REQUEST ITEMS Energy Action Committee at Harvest Fest Odebrecht thanked Summer Tuesdays and the City for supporting the Committee's presence at Harvest Fest. Page 6 of 7 City Council Meeting October 1, 2024 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:08 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024-113, Appointing Election Judges for the November 5, 2024 General Election Resolution 2024-114, Adopting Assessment for 2024 Sidewalk Improvement Project (Project 2024-03) Resolution 2024-115, Adopting Findings of Fact to Overturn the Denial of a Variance Request to Exceed the Maximum Allowable Impervious Surface of 25% at 3393 Pioneer PI (Case Number CD2024-032) Resolution 2024-116, Providing for the Issuance and Sale of $3,680,000 General Obligation Capital Outlay Bonds, Series 2024A, and Levying a Tax for the Payment Thereof Page 7 of 7 S 0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Greelev Street Permanent Easement Acauisition BACKGROUND In connection with the 2024 Street Improvement Project (2024-02), Staff has identified permanent easements needed from eight properties along Greeley Street, because the sidewalk along their properties is outside of the existing City Right of Way, the properties are: 710 Greeley St. S., 716 Greeley St. S., 806 Greeley St. S., 824 Greeley St. S., 828 Greeley St. S., 906 Greeley St. S., 1005 Willard St. W., 1006 Abbott St. W. Staff hired an appraiser to fairly value the cost of these easements. Staff then negotiated with property owners and an agreement was reached with each individual property owner for compensation for the area that will be included in the permanent easement. At this time, the property owners of 1005 Willard St. & 1006 Abbott St. have signed the easement agreements. The compensation for: 1005 Willard St W is $700. Total area of easement 520 square feet 1006 Abbott St W is $900. Total area of easement 678 square feet Staff will present other easements for Council approval when they are signed by property owners. The easements are depicted in Exhibits A, and B with the proposed resolution. The resolution authorizes the acquisition of the easements. The acquisition will be funded through the 2024 Street Improvement Project. RECOMMENDATION Staff recommends the City to accept the permanent easements. ACTION REQUESTED If Council concurs with recommendation, they should pass Resolution AUTHORIZING PERMANENT EASEMENTS ACQUISITION FOR THE 2024 STREET IMPROVEMENT PROJECT. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx AUTHORIZING PERMANENT EASEMENT ACQUISITION FOR 2024 STREET IMPROVEMENT PROJECT (2024-02) WHEREAS, it is necessary to acquire certain permanent easements to construct sidewalks for the 2024 Street Improvement Project along Greeley Street South; and WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the general welfare that the City acquire for the Project, those easements described in Exhibit A attached hereto ("Easements"); and WHEREAS, the City Council finds that possession of the Permanent Easements is required; and WHEREAS, the City has negotiated with the Landowners the damages caused by the City's acquisitions of the Easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with the landowners of 1005 Willard St. W., and 1006 Abbott St. W., Stillwater, Minnesota in the name of the City of Stillwater for the Acquisition of permanent easements for the 2024 Street Improvement Project Adopted by the City Council this 15th day of October 2024. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk PERMANENT SIDEWALK EASEMENT THIS PERMANENT SIDEWALK EASEMENT ("Easement") is made, granted and conveyed this - r 5�0 day of Q &I a low, 2024, by and between Jeffrey T. Brandt, a single person ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's sidewalk is currently located on Landowner's Property and requires a Sidewalk Easement from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for sidewalk and right of way purposes and all such purposes ancillary, incident or related thereto, which may include but is not limited to sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements, for construction, maintenance, improvement, repair and replacement, and restoration purposes and all such purposes ancillary thereto ("Permanent Easement"), under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and 1 (b) To maintain the Permanent Easement Area, together with the right to excavate and refill ditches or trenches for the location of such sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit B and depicted on Exhibit C and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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. [Remainder of this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER Ted Kozlowski Mayor Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public LANDOWNER: By: l . JeffYrey T. Brandt STATE OF MINNESOTA ) )ss. COUNTY OF l ) On this 1.23"Ly of k , 2024, before me, a Notary Public, personally appeared Jeffrey T. Brandt, a single person, to me personally known. ASHA KAYE ALTERMATT Notary Public -Minnesota W. My Commission Expires Jan. W, 2028 This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Ok) Notary Public 4 MORTGAGEE'S CONSENT TO EASEMENT MERS, INC., as nominee for MR. COOPER, organized and existing under the laws of the United States of America, ("Mortgagee"), is the mortgagee of the following mortgage(s) and/or interest(s): 1. Mortgage executed by Jeffrey T. Brandt, as mortgagor, to MORTAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR USAA FEDERAL SAVINGS BANK ITS SUCCESSOR AND ASSIGNS and recorded on April 9, 2021 as Document No. 1273405 in the Registrar of Titles' Office for Washington County, Minnesota; which is recorded against the following real property: Lot Four (4), WALTER NELSON'S ADDITION PID No.: 33.030.20.22.0040 Torrens Property For valuable consideration, the receipt and adequacy of which are hereby acknowledged, Mortgagee hereby CONSENTS to the easement to which this Consent is attached ("Easement") and agrees that its liens, rights and remedies under the above -described documents shall be SUBORDINATED AND SUBJECT IN ALL WAYS to the provisions of said Easement. MORTAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR USAA FEDERAL SAVINGS BANK ITS SUCCESSOR AND ASSIGNS By: azisk Name: TSEDALE ALEMU Its: Vice President STATE OF TEXAS ) )ss. COUNTY OF DENTON ) On this 9th day of OCTOBER, 2024, before me, a Notary Public, personally appeared TSEDALE ALEMU to me personally known, who, after being first duly sworn, did state that he/she is the Vice President of MORTAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR USAA FEDERAL SAVINGS BANK ITS SUCCESSOR AND ASSIGNS, organized and existing under the laws of the United States of America, and that he/she signed the same on behalf of said Corporation. SYLVIA RAMIREZ Notary Public, State of Texas Comm. Expires 03-13-2027 MOO' Notary ID 131921660 Notary Public, State o Texas 2 Sylvia Ramirez EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Lot Four (4), WALTER NELSON' S ADDITION, according to the plat on file and of record in the office of the Registrar of Titles of Washington County, Minnesota PID: 3 3.03 0.20.22.0040 Torrens Property — Certificate No. 74770 A-1 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A permanent sidewalk easement over, under, and across the easterly 6.50 feet of the following property: Lot Four (4), WALTER NELSON'S ADDITION, according to the plat on file and of record in the office of the Registrar of Titles of Washington County, Minnesota Area = 520 square feet I:BI EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA A permanent road easement over, under, and across the easterly 6.50 feet of the following property: Lot Four (4), WALTER NELSON'S ADDITION, according to the plat on file and of record in the office of the Registrar of Titles of Washington County, Minnesota AREA = 520 SQFT N 0 50 100 ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE WASHINGTON COUNTY scale feet COORDINATE SYSTEM, NAD63 (2011 ADJ) 1 ■ WILLARD STREET WEST 4 650- 1 H O m r w w F- r ul r w J W e_ L) I 5 7 75 - i+- EASEMENT EXHIBIT FOR: PID 3303020220040, ADDRESS 1005 SA TILLWTER, TILLW TEROTA 1 HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT %J SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OFMINNE THE STATE OF MINNESOTA. ! j SEH SEHPclect STILLMMp Drawn By TSB THEODORE S BROWN Designed By TSB Checked By CLIENT DATE 1/52024 LICENSE NO 51678 C-1 PERMANENT SIDEWALK EASEMENT THIS PERMANENT SIDEWALK EASEMENT ("Easement") is made, granted and conveyed this i S'�" day of 640 bet— , 2024, by and between James A. Segelstrom and Patricia E. Segelstrom, husband and wife ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's sidewalk is currently located on Landowner's Property and requires a Sidewalk Easement from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for sidewalk and right of way purposes and all such purposes ancillary, incident or related thereto, which may include but is not limited to sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements, for construction, maintenance, improvement, repair and replacement, and restoration purposes and all such purposes ancillary thereto ("Permanent Easement"), under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: 1 (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, together with the right to excavate and refill ditches or trenches for the location of such sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit B and depicted on Exhibit C and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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. [Remainder of this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER al Ted Kozlowski Mayor Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public R1 LANDOWNER: By. Segelstrom Patricia E. Segelstrom STATE OF MINNESOTA ) / )ss. COUNTY OF --Oath day of , 2024, before me, a Notary Public, personally appeared ]amen A. Segelstro and Pateicia E. Segelstrom, husband and wife, to me personally known. This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Notary Public LISA A STEINK]2027 na NOTARY PUBLI *r-:xtys:�r sa MINNESOTA .4 My Commission Expires Jan 4 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Lot Seven (7), WALTER NELSON'S ADDITION, according to the plat on file and of record in the office of the Registrar of Titles of Washington County, Minnesota. PID : 3 3.03 0.20.22.0043 Torrens Property — Certificate No. 48830 A-1 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A permanent sidewalk easement over, under, and across the easterly 10.00 feet of the following property: Lot Seven (7), WALTER NELSON'S ADDITION, according to the plat on file and of record in the office of the Registrar of Titles of Washington County, Minnesota. Area = 678 square feet M. EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA A permanent road easement over, under, and across the easterly 10 00 feet of the following property: Lot Seven (7), WALTER NELSON'S ADDITION, according to the plat on file and of record in the office of the Registrar of Titles of Washington County, Minnesota AREA = 678 SQFT N 0 50 100 ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE WASHINGTON COUNTY scale 25 feet COORDINATE SYSTEM, NAD83 (2011 ADJ) 1 6 8.75F�- 1 � 0 Cn F- W w F- r Cn } 6 w W W W 7 J %00-11 - O 1p 10 ABBOTT STREET WEST .00 I - -1000 8 EASEMENT EXHIBIT FOR: PID 3303020220043, ADDRESS 1006 STILLWATER, I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT MINNESOTA SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OF A THE STATE OF MINNESOTA. SEH S rgecx 4 I � Drawn By TSB Designed By TSB THEODORE S BROWN Checked By CLIENT DATE 1/5/2024 LICENSE NO. 51678 C-1 Wells Fargo Home Mortgage Page i of i MAC N94o8-041 2701 Wells Fargo Way Minneapolis, MN 55467 October 8, 2024 CITY OF STILLWATER/CITY HALL REABAR ABDULLAH 216 4TH STREET NORTH STILLWATER, MN 55o82 Subject: Consent of Lienholder enclosed Property address: ioo6 Abbott St W Stillwater MN 55082 Dear Reabar Abdullah: Enclosed you'll find the original signed Consent of Lienholder document for the property listed above. What you need to do Have this document recorded with the local recorder's office. You'll want to have the original document recorded and not a copy. Return the original recorded document to: Attn: ROSALYNN LAYER Wells Fargo Home Mortgage MAC N9408-041 2701 Wells Fargo Way Minneapolis, MN 55467 We're here for you If you have any questions or need further assistance, please call us at 1-877-738-3623, ext. 5728852, Monday through Friday, 9:00 a.m. to 4:30 p.m. Eastern Time. Sincerely, ROSALYNN LAYER Land Transactions Wells Fargo Home Mortgage Enclosure Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. © 2020 Wells Fargo Bank, NA All rights reserved. NMLSR ID 399801 50010 708 0011 Page 1 Consent of Lien Holder Wells Fargo Bank, N.A. ("Lien Holder"), is the current holder of a Mortgage dated September 7, 2010 as recorded in Instrument No. 1202222, Book/Page n/a Pg n/a hereby consents to the grant of the foregoing Permanent Sidewalk Easement dated and signed by James A. Segelstrom and Patricia E. Segelstrom, husband and wife and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non -judicial proceedings, the same shall be sold and the same is hereby deemed to be sold subject to said Easement. SIGNED AND EXECUTED this 9 ZJ4 day of 0CfV6k1' 20pq. Wells Fargo Bank, N.A. By: Name: Lawrence Lavanier Title: VICE PRESIDENT State of Minnesota County of Hennepin This instrument was acknowledged before me on 16A 2.OZH . (date) by Lawrence Lavanier (name(s) of person(s) as VICE PRESIDENT (type of authority, e.g., officer, trustee, etc.) of Wells Fargo Bank, N.A., a national banking association. (Stamp) ��_�A Signature of notarial officer TORT J MOUA Notary Public � My commission expires: i- ZU'L NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/27 Torl J Moua Page 1 of 1 608-NTL-VI i water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: First Reading Ordinance Amending Alcohol Training BACKGROUND The Police Department continues to work with the City Attorney with reviewing our City Code for improvements. Recently the City Code alcohol ordinance was changed as it relates to required training and documentation of training for individuals who serve alcohol. As we have reviewed this ordinance, with public input, we have identified a clarification that we are recommending that will uniformly apply to all licensees (new and existing) and require ongoing and updated training to all employees that serve alcohol. The ordinance will require that all on -sale liquor licensees train any employee who will serve alcoholic beverages prior to the employee selling alcohol and annually to each employee thereafter. The employer is responsible for maintaining records of such training for each employee. The Police Department intends to provide annual or bi- annual training on this topic as well as on-line resources. This training is also required for individuals serving alcohol at events as part of a Temporary Liquor License. RECOMMENDATION Staff recommends approval of Ordinance XXXX amending the alcohol training requirements ACTION REQUESTED Approve Second Reading of ORDINANCE XXXX Regarding Alcohol Training City of Stillwater Washington County, Minnesota ORDINANCE NO. XXXX AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III, SECTION 6-79(J) OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Code Article III Section 6-790) is hereby amended as follows: (I) Mandatory Traininq Licensees must conduct alcohol training to any employee who will serve alcoholic beverages prior to authorizing the employee to serve alcohol. The alcohol training shall be conducted annually to each employee thereafter. The alcohol training must include the laws pertaining to the sale of alcohol, the rules for identification checks, and the responsibilities of establishments serving intoxicating liquors. The licensee must provide the City with proof of training each employee upon request. SECTION 2 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The text amendment adopted by the Stillwater City Council on , 2024 modifies the City Ordinance to clarify the requirements for mandatory server training pertaining to the sale of alcohol. Adopted by the City Council of the City of Stillwater this day of 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: Assessment Waiver Appeal Agreement and Adopting Assessment for 301 Stillwater Ave DISCUSSION The Utilities department thought that there had been a water main break located on Stillwater Ave, when they dug down it was realized that it was not a main break, but a leak on the property of 301 Stillwater Ave's service line. The homeowner agreed to have the cost of the repair assessed to them. The cost will be assessed over a three (3) year period at 4.26% interest rate. The city attorney prepared the Assessment Waiver Appeal and Agreement for the property and the owner has agreed to and signed the document. At the September 17t" Council meeting the cost was declared for this property but since the agreement was signed, a public hearing is not needed. The total assessment for this property is $7,077.59. RECOMMENDATION Staff recommends Council approve the Assessment Waiver Appeal Agreement and Adopt Assessment for 301 Stillwater Ave. ACTION REQUESTED If council concurs with staff recommendation, Council should pass Resolution Approving Assessment Waiver Appeal Agreement and Adopting Assessment for 301 Stillwater Ave. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX APPROVING ASSESSMENT APPEAL WAIVER AGREEMENT AND ADOPTING ASSESSMENT FOR 301 STILLWATER AVE WHEREAS, a service line leak was found and repairs were done for 301 Stillwater Ave; and WHEREAS, the owners agree to pay the cost of $7,077.59 as a special assessment against their property for collection with the property taxes over a three-year period with 4.26% interest added; and WHEREAS, an Assessment Waiver Agreement for the Utility Line Repairs on 301 Stillwater Ave was signed and notarized by the property owner. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the Assessment Appeal Waiver Agreement between Jason Zoller and Samantha Zoller and the City of Stillwater is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of Stillwater, Minnesota, the special assessment of $7,077.59 is hereby adopted that includes: 1. Such assessments shall be payable in equal installments over a period of three (3), years and shall bear interest at the rate of 4.26% per annum from the date of the adoption of this assessment resolution. 2. Property owners may at any time prior to certification of the assessment to the county auditor, pay in whole or in part the assessment balance, without any additional interest to the City of Stillwater. If the assessment is not paid by November 15, 2024, the assessment will be collected with the property taxes that are paid to Washington County. Adopted by the Stillwater City Council this 15th day of October, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER ASSESSMENT WAIVER AGREEMENT FOR UTILITY LINE REPAIR AT 301 STILLWATER AVE. W., STILLWATER, MN 55082 THIS ASSESSMENT WAIVER AGREEMENT ("Agreement") is entered into and effective as of the , 2024 ("Agreement Date"), by and between the City of Stillwater, a Minnesota municipal corporation ("City"), and Jason T. Zoller and Samantha E. Zoller ("Owner"). WITNESSETH: WHEREAS, the Owner is the fee simple owner of property legally described on the attached Exhibit A, located in the City of Stillwater, Washington County, Minnesota ("Property") that will be benefited by certain public improvements; and WHEREAS, the City has identified the need to repair a utility line that serves the Property ("Improvements"); and WHEREAS, the City has determined that the benefiting value to the Property for the Improvements is at least $7,077.59 which could be assessed against the Property pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, the Owner is willing to waive its assessment appeal rights up to the full value of the Assessment Amount which constitutes an estimated benefit of the Improvements pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.353. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the Owner and the City with regard to the Property and the Improvements and that Owner's acceptance of the assessment up to the Assessment Amount which constitutes an estimated benefit of the Improvements pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term or repayment of the Assessment Amount. Section 1.03 Survival. Notwithstanding the termination of this Agreement pursuant to Section 1.02, the Owner's Covenants and Agreements contained in Section 3.01 and the City's Covenants and Agreements contained in Section 3.02 shall survive the termination of this Agreement. ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: (a) Agreement: This Agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Property, Assessment Amount and the Improvements including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) Agreement Date: The date written in the first paragraph of the Agreement. (a) Assessment Interest Rate: The Assessment Amount shall accrue interest at a rate of four - point two six percent (4.26%) per year for the Assessment Term. Interest shall begin accruing thirty (30) days after the City Council's approval of this Agreement. (b) Assessment Term: The term of the special assessment shall be from the date that the interest accrual begins in 2.01 (c) until the Assessment Amount is paid in full, or three O years after the Assessment Amount is levied against the Property. (c) Cam: The City of Stillwater, a Minnesota municipal corporation. (d) Assessment Amount: The Assessment Amount is the total value of the Improvements in the amount of $7,077.59. The Assessment Amount is equal to or exceeds the estimated special benefit of the Improvements to the Property. 2 (e) Owner: Jason T. Zoller and Samantha E. Zoller, husband and wife. (f) Pro e : The real property identified and described on Exhibit A. ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreements of the Owner. The Owner covenants and agrees with the City that: (a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify a special assessment against the Property up to the Assessment Amount for Improvements. The Owner hereby waives all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Property up to the Assessment Amount. The Owner hereby waives any and all procedural and substantive objections to the assessment up to the Assessment Amount against the Property, including, but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Amount against the Property exceeds the benefit to the Property for the Improvements. The Owner acknowledges and agrees that the benefit of the Improvements to the Property does in fact equal or exceed the Assessment Amount. The City and the Owner acknowledge and agree that the Owner's waiver of assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Amount by operation of Minn. Stat. § 462.3531. The City and the Owner acknowledge and agree that the Owner may appeal any special assessment above the Assessment Amount. (b) Owner's Covenant Not to Sue the City: Owner hereby covenants with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the assessment, or for other relief from the payment of the City's assessment up to the Assessment Amount against the Property for the Improvements constructed by the City. (c) Owner's Covenant that Owner is the Property Fee Owner: Owner hereby covenants and warrants with the City that Owner is seized in fee of the Property and has good right to enter into this Agreement with the City. (d) Owner's Agreement to Assessment Amount: Owner understands and agrees that the value of the Improvements will increase the market value of the Property in an amount that equals or exceeds the Assessment Amount. (e) When Payment is Due: Owner agrees to pay the Assessment Amount, plus accrued interest during the Assessment Term. Section 3.02 Covenants and Agreements of the Citv. The City covenants and agrees with the Owner that: (a) Assessment Amount: The City agrees that it will only certify/levy the Assessment Amount against the Property if the Owner does not pay the Assessment Amount when due and then, only up to the Assessment Amount for the Improvements pursuant to this Agreement. (b) City Recording of this Agreement: The City will record this Agreement against the Property. (c) Prepayment of Assessment: The City agrees the Owner may prepay some or all of the City's Assessment Amount against the Property for the Improvements with no penalty and only with interest accrual pursuant to Minn. Stat. § 429.061. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party(s) may pursue all remedies and sanctions available at law and in equity, including specific performance. Section 4.02 Attorneys' Fees, Costs and Expenses. The Owner agrees that after execution of this Agreement, if it challenges the validity of the Assessment up to the Assessment Amount in any way, then Owner shall pay the City the amount of the City's assessment up to the Assessment Amount with accrued interest beginning as stated in Section 2.01(c), together with the City's attorneys' fees, costs and expenses to defend the assessment by the City up to the Assessment Amount pursuant to this Agreement. The Owner acknowledges and agrees that the Owner would be unjustly enriched if the City's assessment up to the Assessment Amount pursuant to this Agreement was set aside, reduced, repealed or invalidated by a court with jurisdiction over the Property. The Owner agrees that the court with jurisdiction over the Property shall award the City the assessment up to the Assessment Amount with accrued interest together with the City's attorneys' fees, costs and expenses for breach of the Owner's covenant not to appeal or sue the City pursuant to Article III, Section 3.01(b). ARTICLE V GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: El If to the City: City of Stillwater Attention: City Administrator 216 4th Street North Stillwater, MN 55082 If to the Owner: Jason T. Zoller and Samantha E. Zoller 301 Stillwater Avenue West Stillwater, MN 55082 Section 5.02 Non -Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 5.08 Notice To Buyers. The Owner agrees to notify and provide any buyer of the Property with an executed copy of this Agreement if the Owner sells any interest in the Property following the execution of this Agreement by both the Owner and the City, but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles. [The remainder of this page was intentionally left blank.] IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by their duly authorized representatives. CITY: CITY OF STILLWATER Ted Kozlowski Mayor Beth Wolf City Clerk STATE OF MINNESOTA ss. 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 561 OWNER: JASON T. ZOLLER AND SAMANTHA E. ZOLLER Jason T. oller 3Santha E. Zoller STATE OF MINNESOTA ) ) ss. COUNTY OFWa VA(ft) The foregoing instrument was executed this keday of K. 2024, by Jason T. Zoller and Samantha E. Zoller, husband and wife. ASHA KAYE ALTERMATT Matary Public -Minnesota mY Cmmfasbn Expl. Jan. 31, 2M8 This instrument drafted by And after recording, please return to: Korine L. Land (4262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651)451-1831 OLU) Notary Public VA EXHIBIT A Legal Description of Property Real property in Washington County, Minnesota, legally described as follows: Lots 7 and 8, Block 8, Wilkin's Addition to Stillwater. Abstract Property PID:2103020340129 ON �l Water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: MNDOT Limited Use Permit DISCUSSION For the last four years MNDOT has allowed the City to install decorative lighting on the Lift Bridge during the winter season through a Limited Use Permit (LUP). The most recent LUP expired earlier this year and we have requested a LUP renewal with MNDOT for another three years. MNDOT did not have any issues with the request and have prepared a new LUP that would expire in 2027. RECOMMENDATION Staff recommends that Council review and approve the City of Stillwater Limited Use Permit with the State of Minnesota Department of Transportation for Highway Beautification Project in the Right -of -Way of Trunk Highway 36 at the Stillwater Lift Bridge. ACTION REQUIRED If Council concurs with recommendation, they should pass a Resolution for CITY OF STILLWATER LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY BEAUTIFICATION PROJECT IN THE RIGHT- OF -WAY OF TRUNK HIGHWAY 36 AT STILLWATER LIFT BRIDGE. City of Stillwater Washington County, Minnesota RESOLUTION 2024 - CITY OF STILLWATER LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY BEAUTIFICATION PROJECT IN THE RIGHT-OF-WAY OF TRUNK HIGHWAY 36 AT STILLWATER LIFT BRIDGE WHEREAS, the City of Stillwater is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Stillwater has approved a plan to construct a Highway Beautification project along the recreational trail on the Stillwater Lift Bridge in the right -of way of Trunk Highway 36; and WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby enters into Limited Use Permit No.8217-0092 with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a Highway Beautification Project along the recreational trail on the Stillwater Lift Bridge in the right- of- way of Trunk Highway (TH) 36. The State of Minnesota along with The City of Stillwater shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized to execute the Limited Use Permit and any amendments to the Permit. Adopted by the Stillwater City Council this 15' day of October, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT County of Washington LUP# 8217-0092 Permittee: City of Stillwater Expiration Date: 09/23/2027 Coop./Const. Agmt #_N/A In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City of Stillwater, ("Permittee"), to use both the north and south sides of the bridge in the area within the right of way of Trunk Highway No. 36 as shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. The existing electrical supply, as shown on Exhibit "C" attached hereto and incorporated herein by reference. Highway Beautification The Permittee's use of the Area, as shown in red on Exhibit A ("Facility"), is limited to the seasonal installation, maintenance, operation and removal of lighting and decorations to improve the aesthetics of the corridor. The permittee agrees that this permit totally replaces and supersedes the previously issued Limited Use permit affecting the Area, specifically: The permit, #8217-0075, was issued on 9/22/2021 on CS 8217 (TH 36=045). Upon issuance of this permit the earlier issued permit is cancelled. In addition, the following special provisions shall apply: SPECIAL PROVISIONS TERM. This LUP terminates at 11:59PM on 09/23/2027 ("Expiration Date") subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to three (3) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT's sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment to this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives all claims and causes of action for damages, costs, expenses, losses, fees, and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees, and compensation based upon the existence, cancellation, or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer including the repair to any damage to the area which could include but is not limited to damage caused by the project to paint, electrical, metal, concrete or any other components of the lift bridge and approaches; and (b) Surrender possession of the Area to MnDOT. Notwithstanding anything in this paragraph 2 to the contrary, upon the expiration date or earlier termination, Permittee shall not be responsible for removing the existing permanent electrical supply as shown in Exhibit "C" after each seasonal use. Permittee will own and maintain these electrical improvements and at the end of the LUP term remove the improvements if directed by MnDOT. If during the term the area is unavailable for the Permittee's use due to forecasted flooding or other event, after twenty-four hours' notice to Permittee, Permittee shall temporarily surrender the Area to MnDOT. The Permittee will make any modifications or removals that MnDOT directs, which could include depowering the system or partial or full removal of the lighting system. Permittee shall not have any claim against MnDOT. Upon Notice from MnDOT the Area is once again able to be occupied, Permittee may reoccupy the Area for its use hereunder. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, lighting plans and product specifications shall be submitted to and approved in writing by MnDOT's Metro District Lighting Engineer or designee. Approval in writing from MnDOT Metro District Lighting Engineer shall be required for any changes from the approved plan or product(s). All installation or maintenance work shall be inspected and approved by the MnDOT Metro District Lighting Engineer before the use of the lighting system. The permittee shall notify the MnDOT Metro District Lighting Engineer at least 3 days in advance before performing the installation or any changes to the approved plan and products. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway, trail system and bridge. The Permittee shall preserve and protect all utilities located on the lands and facilities covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency signpost within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. The lift span is subject to operation during the LUP time period. MnDOT requires 24-hour notice for requests to lift the span. If MnDOT receives a call to lift the span, the Permittee or its contractor is responsible for disconnecting and then reconnecting any lighting to allow the lift operation to occur. Permittee shall designate a contact to perform the needed modifications to the lighting to allow the lift operation to occur. Permittee shall designate a contact to perform the needed modifications to the lighting to allow the lift operation to occur at the requested and approved time. If Permittee or contactor is not on site when the lift needs to occur and MnDOT needs to disconnect the lights, the Permittee will not make any claims for damages, costs, expenses, or losses that may occur due to MnDOT's actions. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Permittee may take possession of the Area on October 1 of each year during the term for the purpose of installing lights on the north side of the Lift Bridge, provided that in no event shall Permittee operate the Facility prior to November 15 of each year. Permittee must remove Facility by April 1st of each year during the term. Such one-time installation shall be in a proper manner and consistent with Sections 2, 3 and 4 of the LUP. Permittee shall coordinate with MnDOT for the installation of the lights on the Lift Bridge, and such installation is subject to and expressly conditioned on, (a) Lift Bridge operations, specifically Lift Bridge operations cannot be impacted by the light installation. (b) Lighting installation by the Permittee or its contractor shall work around the Lift Bridge operations. MnDOT and Permittee acknowledge and agree, Lift Bridge operations are of utmost importance. If in MnDOT's sole discretion, MnDOT determines the lighting installation impacts lift operations, MnDOT will notify the Permittee and the Permittee, and its contractor will immediately cease installation operations until an alternate installation method is approved by MnDOT or Lift Bridge operations cease for the season. Except where clearly inappropriate, the provisions of the LUP shall be applicable during the period of Permittee's possession of the Area and the commencement of operation of the Facility. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances, and regulations issued by any federal, state, or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income - level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state, and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. GENERAL INSURANCE REQUIREMENTS — COVERAGE REQUIREMENTS 14.1 Workers' Compensation Insurance Permittee must provide Workers' Compensation coverage for all its employees and. In case of any work subcontracted, Permittee will require the subcontractor to provide workers' Compensation coverage in accordance with the statutory requirements of the State of Minnesota and Employers liability with limits not less than: $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident 14.2 General Liability Insurance A. Minimum Limits of Liability: The Permittee is subject to the terms and conditions of Minn. Stat. Chapter 466 and will maintain Commercial General Liability insurance (or comparable coverage under a program of self-insurance) with Tort Claims Limits currently not less than $500,000 per person and $1,500,000 per occurrence for bodily injury and property damage. B. Coverages X Premises and Operations Bodily Injury and Property Damage X Personal & Advertising Injury X Blanket Contractual X Products and Completed Operations X State of Minnesota named as Additional Insured 14.3 Automobile Liability Insurance A. Minimum Limits of Liability Permittee is subject to the terms and conditions of Minn. Stat. Chapter 466 and will maintain Commercial Automobile Liability Insurance (or comparable coverage under a program of self- insurance) with Tort Claims limits currently not less than $500,000 per person and $1,500,000 per occurrence for bodily injury and property damage. C. Coverages X Owned Automobile X Non -Owned Automobile X Hired Automobile 14.4 Additional Insurance Conditions a.) Permittees policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of the Permittee's performance under this contract. b.) If the Permittee receives a cancellation notice from an insurance carrier affording coverage herein, Permittee agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless the Permittee's policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota. c.) Permittee is responsible for payment of contract related insurance premiums and deductibles. d.) If Permittee is self -insured, a Certification of Self -Insurance must be attached. e.) Permittees policy(ies) shall include legal defense fees in addition to the liability policy limits. f.) Permittee shall obtain insurance policy(ies) from insurance company(ies) having an "AM Best" rating of A- (minus), Financial Size Category of VII or better, and authorized to do business in the State of Minnesota (or a comparable coverage under a program of self- insurance). g.) Permittee will be required to provide an insurance certificate prior to each season to Metro Right of Way Engineer or designee. 15. INDEMNIFICATION AND RELEASE. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General's Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation, employees, the FHWA, and any successors and assigns of the foregoing, from and against all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Area and Facility or arising out of or associated with Permittee's use and occupancy of the Area and Facility , regardless of whether such injury, death, loss, or damage (i) is caused in part by the negligence (but not the gross negligence or willful misconduct) of MnDOT or (ii) is deemed to be the responsibility of MnDOT because of its failure to supervise, inspect, or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. Nothing in this LUP shall obligate Permittee to indemnify or save MnDOT harmless from (a) any gross negligence or willful misconduct of MnDOT or its employees, contractors, agents, or anyone for whom MnDOT is legally responsible, or (b) any claims, demands or causes of action not arising out of or associated with Permittee's occupancy or use of the Area and Facility. Permittee hereby releases the State of Minnesota, its Commissioner of Transportation, employees, the FHWA, and any successors and assigns of the foregoing, from and against all claims, demands, suits, losses, costs, expenses, and causes of action for loss of or damages to the Area and Facility or to Permittee's property on or about the Area and Facility , except when such loss or damage is caused solely by the negligence of MnDOT or its employees, contractors, agents, or anyone for whom MnDOT is legally responsible. MnDOT's liability is subject to the Minnesota Tort Claims Act, Minn. Stat. §3.736 and other applicable law. MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: District Engineer Date: APPROVED BY: C4KelLTA ILVA161.9[•]0121ZKelaI:L`1069as] :4r:�11610i Director, Office of Land Management Date: The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. CITY OF STILLWATER By: Its Mayor And: Its City Clerk LUP 8217-0092 Exhibit A Sheet 1 of 1 'EXIST RIGHT in -IEXIS RIGH � r ' STILLWATER FEEDPOINT f% SOP �j j PAD MOUNTED SERVICE CABINET TYPE/SF 120/240V �� 120/240 VOLT -METERED �F 1-PHASE i - EQUIPMENT PAD. / 2# RSC, 3-1/C #3/0 _J LONG TERM PARKING LOT / t TO XCEL ENERGY POWER POLE CHAIN LINK r SAFETY FENCE (TEMPORARY) i 1 SHORT TERM CHAIN LINK I { SAFETY FENCE 11 ( TEMPORARY) 11 /ram NAY 4 i ✓� / 8 REMOVE EXISTING LIGHTING SERVICE CABINET AND EQUIPMENT 8 4 ® FROM XCEL POWER POLE 411 CHESTNUT I O if I! zI n s 16 Oep I I 7 17 j o #oep I:I , c. 'I a "" 1 I 1 I SEEC BRIDGE - ' i I CL PARK PLANS -111 -_ - —. — WAY Ir CIAL O I;r t � c, m jF r , � a ' i EXISTING RIGHT OF WAY 3 1 i UND tRPASS ® 7 �LUMQNAIRE10 4 3 CHAIN LINK y` SAFETY FENCE (TEMPORARY) 3 r 11 3 4 3 4 4 1 ' PARKING LOTif � fill LEGEND ....... UNDERGROUND WIRING IN CONDUIT LIGHTING UNIT TYPE SPECIAL UNDERPASS LUMINAIRE TYPE LED HANDHOLE IN CONCOURSE SIDEWALK EXISTING EMBEDDED J-BOX rq NEW JUNCTION BOX PLACED OVER EXISTING EMBEDDED J-BOX (NEMA 4X) IM SERVICE CABINET GROUND LINE 3 12 i � II �-UNDERP"ASS "lJ LUMINAIRES /0 5 I 6 !j EXISTINNG m I. RIGHT OF WAY j m (' I€ K 4 I� J ...... 1(1lil l l SECTION B-B 'i 20 0 X SCALE IN FEET H m ELECTRICAL GENERAL NOTES: - ALL MOUNTING HARDWARE SHALL BE 300 SERIES STAINLESS STEEL. ALL EXTERIOR BOXES SHALL BE NEMA 4X. - ALL CONDUIT SHALL BE CONCEALED FROM VIEW WHEN POSSIBLE. - PLACE A COMPLETE, INTEGRATED, GROUNDING AND BONDING SYSTEM FOR ALL NEW EQUIPMENT AND DEVICES PER NEC 250. - PULL BOXES SHALL BE UTILIZED FOR CONTINUOUS PULLING OF WIRES, NO SPLICING ALLOWED. WIRE NUTS AND COMPRESSION SPLICES ARE NOT PERMITTED. - NEW EXPOSED CONDUIT SHALL BE PVC COATED RIGID STEEL. - REMOVE ALL EXISTING CONDUCTORS FROM CONCOURSE LIGHTING SYSTEM. - REMOVE EXISTING, EXTERNALLY MOUNTED CONDUIT ROUTED ON OR THROUGH CONCOURSE WALLS. SPECIFIC NOTES: Qi DRILL THROUGH ABUTMENT TO ACCOMMODATE NEW LIGHTING CONDUIT. ROUTE CONDUIT INTO EXISTING FLUSH MOUNTED JUNCTION BOXES. EACH PIER OR ABUTMENT. SEE BRIDGE PLANS FOR FURTHER INFORMATION. Q2 EXISTING CONDUIT EMBEDDED IN PIER. ROD AND CLEAN CONDUIT TO ACCOMMODATE NEW CONDUCTORS. Q3 REMOVE EXISTING EXPOSED LIGHTING JUNCTION BOXES AND CONDUIT TO A POINT I' BELOW GRADE. ABANDON INPLACE UNDERGROUND LIGHTING CONDUIT.REMOVE EXISTING LUMINAIRE COMPONENTS AND CONDUIT FROM UNDER SPANS 1 & 2. PLUG REMAINING CONDUIT HOLES. 40 ROD AND CLEAN CONDUIT TO ACCOMMODATE NEW CONDUCTORS. ROD AND CLEAN CONDUIT IN CONCRETE LIGHT POLE FOUNDATION. PROVIDE NEW METALLIC CONDUIT BUSHINGS. GRIND EXISTING ANCHOR BOLTS FLUSH WITH TOP OF FOUNDATIONS. PROVIDE NEW GALVANIZED ADHESIVE ANCHOR BOLTS. COORDINATE WITH POLE MANUFACTURER'S REQUIREMENTS. 5� 1 1/2" NMC SCH 80 (3) #10 USE-2 © 3/4" RMC PVC COATED (3) =10 USE-2 (2) #12 USE-2 DIMMING LEADS 7O 2" NMC SCH 80 (3) #10 USE-2 ® 2" NMC SCH 80 (6) #10 USE-2 O9 2" NMC SCH 80 (1) #12 USE-2 LOCATOR WIRE ® LOCATION FOR POWERLINE CONTROLLER. © 2" NMC SCH 80 (9) #10 USE-2 © EXISTING CONDUIT (6) #10 USE-2 ® EXISTING CONDUIT (3) #10 USE-2 3535 VADNAIS CENTER DRIVE DESIGN TEAM inereoy ce—Ty TnaT Tnis Plan, speancanon, or report was Prop area by me or under my direct supervision and that I am a duly Licensed ST PAUL, MN 55HO DRAWN BY: CIF Professlonol run{{99��))rr th laws of the state of Minnesota --- PHONE (6511 490-2000 SEHFAX (651) 490-2150 DESIGNER: KST CHECKED BY: TDH Signature: ,�„L LTC. No. 45519 c A S P 8 2 1 7— 3 4 i Printed Nome: THOMAS 0. HONER Dote: 4/10/2017 e e LIGHTING PLAN (TeH. 36) SHEET 59 OF 62 SHEETS SOP �JttI WtEP FCEOPOIM {20/IAov P•G P"?C* SERVICE CABINET TYPE SPECIAL � . l-PNA$E t20/-AO VOLT -PETERED 1 X EovIPKNr Pb, INSTALL NEW LOCKABLE NEMA 2- PSC. J-t/C -7/0 ! O��TLOArRE� PA2 21 Lor TO XCEL ENERGY POKER POLE i 3R RATFr) RFC WITH -'A/O N I 20 I n WR RATc'n RFCFPTACI FS ON �I ?AFE•7 &P,I INSTALL r2) 20A ' P GFCI INSTALL ,4't f10 : ! // FCa E"PD""' t SIDE OF CONCRETE PIER PANT 1 SCALE IN FEET INSTALI. !cl r• 4 E BREAKERS 8 TIME CLOCK (11 x12 GND IN m y¢, ,w + it xt2 GNO X 'H W Z N=X-S'1':C+ 5TILLVaATER EXISTING 2' tiDUI j TO MATCH CFIDGE gTRUCT iP.F_ / —? - �[TT FENCE tE C EXICtI:IG i GuNM11T _ ' it ELEc EXISTIAC � �� '^- PITwT iAT f.� 1 ALl i ` %'- INSTAL. 1" PVC COATED RSC EC if L. ALL Ah10 FITTINGS A 14, tt0 & ALL 11 112 GND XHHW-2 FROM ^' LXISI ING-1-90/. TO NEW NEW -- — :fV FOR ALL v° NEW AC !� RICEPTACLC CNClOSt1RE PULL lPSS, ND -..�_ n �, ` MOYL EFI51 iNC LILN1fN0 S►L1 NOT PERMITTED "-C[ CABI;VEET AND EOUrPRENT V •FEEL P()RE0 POLE `�" ` EXISTING =.�i `\ ^•��- • PICNT OF PAY NCN C. CHESTNUT 1 / A \ �1 ` ® - . _. - RE _ ^ 7 1 �� KTEY. Pol TRROUGN • - IT SPECIFIC NorEst DRILL 70ROUCH ABUTMEM TO ACCOYYODATE NCO L104TINO CONDUIT, ROUT[ CONDUIT INTO EXts".0 FLUB. YOU.T,D JUNCTION sous. LRM. tp-- (A}-j ' EACH oIEP 00 ABUTMENT. A`/t-1 ` SU ORIOCC PLANS FOR /URTNCR IN/OIWATION. UNDCR►ASS © [FISTING CONDUIT CYOEDOCD iN -iCR. Roo AND CLEAN CONDUIT TO ACCO%WDC.TE REP CONDUCTORS. REMOVE EXISTING CXPOSCD LICMTINC JUVCrION BOVE$ AND CONDUIT .f---�•: Q y � -E TO A POINT 1• BELOW GRADE. ABANDON 1NPLACE UNOE00ROUNO LING CCAQUIr.REMOYC t ' A I 5 O cpOWUII FPVV UNDER SPANS i' /J - RO0 AND CLEAN CONDUIT 10 _ 900 AND CLEAN CONDUIT IN �P r C' •,�ly •�—, - ^�_ Al — __ 4 CA rP"D LINE � � - •,_ t - LUP 8217-0075 EXHIBIT C - - -• - wra. LIGHTING PLAN SFM• .••PN sue, S. P. e217-34 cT N 361 SHEET 59 Of 62 SHEETS S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: Loop Trail Snow Clearing — Joint Powers Agreement DISCUSSION For the past three years, the City and St. Croix County has had an agreement where the City removes snow on the Wisconsin side of the Loop Trail over the winter season. The City and St. Croix County would like continue with the arrangement for the for this 2024-2025 winter season and an additional two years. Conditions of the agreement, include a $220 payment to the City for each time the trail is cleared. RECOMMENDATION Staff recommends that the Council review and approve the Joint Powers Agreement between St. Croix County Wisconsin and the City of Stillwater Minnesota for the Loop Trail Snow Removal. ACTION REQUESTED If the Council agrees with the recommendation they should pass Resolution 2024- JOINT POWERS AGREEMENT BETWEEN ST. CROIX COUNTY WISCONSIN AND THE CITY OF STILLWATER MINNESOTA FOR THE LOOP TRAIL SNOW REMOVAL City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX APPROVING JOINT POWERS AGREEMENT BETWEEN ST. CROIX COUNTY WISCONSIN AND THE CITY OF STILLWATER MINNESOTA FOR THE LOOP TRAIL SNOW REMOVAL WHEREAS, an agreement between St. Croix County in Wisconsin and the City of Stillwater to have the City of Stillwater clear snow on a portion of the Wisconsin side of The Loop trail has been prepared and presented to Council and WHEREAS the agreement terms are for three years, includes a $220 payment to the City each time the trail is cleared, indicates no salt be used, and indicates this section is the last priority of clearing for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreement presented to Council and on file with the office of the City Clerk is hereby approved and authorizes the Mayor and City Clerk to execute said agreement. Adopted by the Stillwater City Council this 15th day of October, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk JOINT POWERS AGREEMENT BETWEEN ST. CROIX COUNTY, WISCONSIN AND THE CITY OF STILLWATER, MINNESOTA FOR THE LOOP TRAIL SNOW REMOVAL THIS AGREEMENT ("Agreement") is made this ay of © , 2024, by and between the City of Stillwater, Minnesota ("Stillwater') and St. Croix County, Wisconsin ("St. Croix County"), hereafter collectively referred to as "Parties." WHEREAS, St. Croix County, Wisconsin and Washington County, Minnesota are recognized as "border counties" of a "physically adjacent state," as defined by Wisconsin Statutes §§ 175.46(1)(a) and 175.46(1)(d); and WHEREAS, the City of Stillwater, Minnesota is located in Washington County, Minnesota and meets the definition of "political subdivision" as set forth in Wisconsin Statute § 175.46(1)(e); and WHEREAS, Minnesota Statute § 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties; and WHEREAS, there is a public trail that was constructed in both Stillwater and St. Croix County, which is depicted on Exhibit A ("Loop Trail") that requires snow removal; and WHEREAS, Stillwater and St. Croix County clear snow on certain public rights of way within their jurisdictions for the safety of their citizens; and WHEREAS, Stillwater and St. Croix County desire to have an agreement for snow removal for the Loop Trail to extend these services beyond their jurisdictions; and NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and subject to the provisions of Wisconsin Statute § 175.46, Minnesota Statute § 471.59, and all other applicable statutes, rules and regulations, Stillwater and St. Croix County agree as follows: Article I Snow Removal Services 1.1. Stillwater Public Works Director or designee hereby agrees to provide snow removal services for the portions of the Loop Trail as modified by and pursuant to the specifications articulated on Exhibit B ("Specifications"). Article II Prioritizing Services 2.1 It is the express understanding of the Parties that the first priority of Stillwater is to provide snow removal services within its own jurisdiction. It is understood that the Services contemplated in this Agreement shall be provided only after Stillwater has met its obligations for snow removal services and only if it does not jeopardize the snow removal services provided within its jurisdiction. Article III Payment 3.1 Stillwater shall submit itemized bills for Services provided to St. Croix County on a monthly basis. St. Croix County agrees to pay Stillwater for the Services provided pursuant to the Payment Schedule which is articulated on Exhibit B. 3.2 Payment shall be due and payable within 30 days following receipt of an invoice from Stillwater for Services rendered. Article IV Liability 4.1 Stillwater shall be responsible for damages to or loss of its own equipment. Stillwater waives the right to bring a claim against St. Croix County for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers or employees. 4.2 For purposes of determining total liability for damages pursuant to Minnesota Statute § 471.59 (for activities in Minnesota) or pursuant to Wisconsin Statute § 893.80 (for activities in Wisconsin), the Parties are considered a single governmental unit and the total liability of the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes § 466.04, subd. 1 or Wisconsin Statute § 893.80. 4.3 No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to the other Party as described in this Agreement. 4.4 Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable state or federal benefits to personnel who respond or render assistance while providing the Services contemplated herein and sustain injury or death in the course of, and arising out of, their employment under this Agreement. Article V Insurance 5.1 During the performance of the Services under this Agreement, Stillwater shall maintain the following insurance: a. General Liability Insurance, with a limit of $1,500,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; 2 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. Stillwater shall furnish the St. Croix County with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to St. Croix County. St. Croix County shall be named as an additional insured on the Commercial General Liability Insurance policy. Article VI Data Practices 6.1 Notwithstanding Minnesota Statute § 13.82, subd. 24, Wisconsin Statute § 19.35, or any other provision of law, the Parties agree that for purposes of the Minnesota and Wisconsin Government Data Practices Acts and all other statutes and provisions of law related to data practices, data management and records retention, each Party shall remain the exclusive responsible authority for its own data management, for responses to data requests and for all aspects of records retention for any and all data that is collected, created, received, maintained or disseminated by the Parry as a result of any activity arising out of this Agreement. Article VII Term 7.1 This Agreement shall commence ("Commencement Date") upon the last date it is approved by one of the Parties. 7.2 This Agreement shall remain in full force and effect for a period of three (3) years from its Commencement Date, unless terminated pursuant to Article VII or extended by written agreement of the parties. Article VIII Termination 8.1 Termination For Convenience. This Agreement may be terminated by either Party upon thirty (30) days written notice to the other Parry. Such notice shall be delivered pursuant to Section 9.4. Termination shall not discharge any liability of the Parties during the term of this Agreement. 8.2 Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 3 Article IX General Provisions 9.1 Amendment. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same Parties who executed and approved the original Agreement, or their successors in office. 9.2 General Compliance. Both Parties agree to comply with all applicable federal, state and local laws and regulations governing any services provided under this Agreement. 9.3 Non -Discrimination. Both Parties agree to comply with the provisions of all applicable federal and state statutes and regulations pertaining to civil rights and nondiscrimination including, without limitation, Minnesota Statutes § 181.59 and Chapter 363A. 9.4 Notices. Notices shall be communicated to the following addresses: If to Stillwater: City of Stillwater 216 41h Street North Stillwater, MN 55082 Attention: Public Works Director Shawn Sanders Or e-mailed: ssanders@ci.stillwater.mn.us Calls or emails to St. Croix County regarding Services can be forwarded to Stillwater Public Works: 651 275-4100 or pubwrks@ci.stillwater.mn.us. If to St. Croix County: St. Croix County 1101 Carmichael Rd. Hudson, WI 54016 Attn: Community Development Director Jason Kjeseth Or emailed: jason.kjeseth@sccwi.gov Calls, texts or emails to City of Stillwater regarding other trail concerns, such as vandalism, should be sent to St. Croix County Community Development - Parks 715-381-716- 0274 or 715-386-4680 or cdd@sccwi.gov 9.5 Delay In Performance. Neither Stillwater nor St. Croix County shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; blizzards; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure supplies, materials, accesses, or services required to be provided by Stillwater. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to 0 the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 9.6 Severabili1y. Should a court of competent jurisdiction rule any portion, section or subsection of this Agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shall remain in fall force and effect. 9.7 Assignment. This Agreement is not assignable without the mutual written agreement of the Parties. 9.8 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. [remainder of page intentionally blank] 5 CITY OF STILLWATER Ted Kozlowski, Mayor DATE: ATTEST: Beth Wolf, City Clerk ST. CROIX COUNTY, WISCONSIN 1',') 4'w'k son Kjeset , Community Development Director DATE: f®1'7 b EXHIBIT A THE LOOP TRAIL EXHIBIT B SPECIFICATIONS AND PAYMENT SCHEDULE SPECIFICATIONS Stillwater shall perform the Loop Trail Services according to the following Specifications: 1. Clear a 7-foot-wide path on the Loop Trail, from Minnesota/Wisconsin line on the new Highway 36 bridge easterly and northerly along the trail to the Minnesota shoreline on the Lift Bridge. 2. Includes overlooks on new Highway 36 bridge. 3. Includes the south side of the trail only on the Houlton Hill from the east side of the Lift Bridge in Wisconsin to the top of the hill. 4. Does not include parking lots at the Hilltop Trailhead, located at top of the Houlton Hill, or at Blue Star Trailhead, located southeast and across from the Houlton Elementary. 5. No salt or brine will be used on the Loop Trail. 6. Not a "clear pavement" policy, which means the trail will not be free of ice or snow at all times. 7. No ice control except on the Houlton Hill where only sand will be used. 8. Snow removal will only occur during normal work hours (Monday -Friday 7:OOam to 3:OOpm). 9. Earliest Loop Trail snow removal will begin no earlier than 1 day after a snowfall event due to normal Stillwater city street priority public safety snow removal. 10. Snow removal may take more than 1 day to complete. 11. If any signage is needed relative to snow removal, the message, number of signs and locations will be jointly agreed to by St. Croix County and the City of Stillwater and St. Croix County Community Development will be responsible for purchase, installation, and removal. PAYMENT SCHEDULE 1. $220/per event or call out — min. snowfall = 2"; generally average 20 events/year. (Cost includes equipment and staff time hourly rates — est. 2 hrs/event.) 2. Restoration/sweeping extra cost. 3. Monthly invoices should be emailed to both Jason.Kjeseth a,sccwi.gov and Denice.Kistner cr,sccwi.goy or mailed to St. Croix County Community Development Department, Attn: Denice Kistner, 1101 Carmichael Road, Hudson, WI 54016. S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers a:161LyiWIS'F ma "P.1T[09 - . • aan0f[a►JL.7W SUBJECT: Aiple House Renovation- HCM Architect- Additional Services DISCUSSION HCM Architects (HCM) was hired by the City for the Aiple House Renovation Project. Since their work began, additional site work and scope requires additional services from HCM and their sub -consultants. These items include: �. Adding HKGI for landscape architecture and coordination work adjacent to the building. 2. Adding FOR for Civil engineering needs related to the patio, accessible routes, and utility extensions to the site. 3. Additional services from Larson Engineering for foundation analysis, helical pier design, coordination and additional shop drawing reviews associated with this work and to updating the structural system to the new Building Code, 4. Additional services from Emanualson-Podas (EP) to meet the new energy code, electrical coordination and lack of NG service have all placed additional work on their scopes. 5. Additional services from HCM related to coordination of all the above items. RECOMMENDATION Staff recommends that the City Council approve the Additional Services with HCM Architects for the Aiple House Renovation in the amount of $70,400. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion approving Additional Services with HCM Architects for the Aiple House Renovation. woa-sjaajiyaaeW:)H I ZSEL'b06'ZZ9 I MvSS NW "sijodeauu1A I .S anuanyaepa:) LOZb 513311HOHV NIVM, 10V4 )9 N3SN31SIHHO ' N3EIVH -suaal! anoge ayj jo Ile 10 uolIeulpa000 01 paIelaa saolnaas IeuolI!ppe paaanoul sey WOH '9 -sedoos a!ayj uo jaoM leuo!�!ppe peoeld Ile aney aolnaas ON 10 >Ioel pue uolleu!pa000 leo!a�oale `apoo AbJeu3 NW Mau ayl 'CZOZ jo aagoloo ui joafoad s!yj uo pasodoad XE)gj aou!s wayj uo Ind sluawaa!nbaa leuo!l!ppe pey sey d3 -9 -sluawaambaa apoo juaaano jaaw of jI!nq-aa pue peoaoju!aa bu!aq si welsAs leanjonals ayl yoigm o; lualxe ayj jo jInsaa a se saolnaas leuo!l!ppe palsenbaa sey bu!aaaulbu3 uosae-1 .V ')IaoM slyJ yl!M paleloosse snnalnaa 6u!Meap dogs leuo!l!ppe pue uo!leu!pa000 `u6!sep aa!d Ieo!lay aoI saolnaas leuo!l!ppe palsenbaa sey bu!aaaulbu3 uosae-1 .E -aI!s ayj of suo!suaIxa Al!l!ln pue salnoa apss000e `oiled of pajelaa spaau 6u1Jaau16u3 I!n!O au!jap of ui lg5noaq bu!aq s! 2iO3 'Z -6u!pl!nq ayj luaoefpe uo!leu!pa000 pue aanjoaj!yoay adeospuej yl!M Is!sse of weal ano olu! lgbnoaq 5u!aq s! !ONH ' I, :101a8 OAIIBJJBN edooS •y 13NVON `VIV `ausA-1 anay;;elN `AlaaaoulS sadoos jo au!llno ue si smollol jeyM 'd3 pue MOH `6u!aaaUIBU3 uosae-1 `2103 `!9AH woaj saaj sapnloui lesodoad ano •uo!leu!pa000 Al!l!ln pue aI!s aansua of adoos bu!ppe of paIelaa SIOGI yoay WOH woaj lesodoad aa3 saolnaaS bu!llnsuoo u6!saa s!yl bu!lsanbaa aol nog( jueyl uMeys aead •suoljIpuoo a;IS pue apoo ABj8u3 of anp uol;enouaa jo adoos peseaaoul `ufilsa4 aald IeollaH `V-1 `IIAI:D lesodoad 00=1 saolnaaS IeuOIIIPPV — uol;enouab asnoH eldiV :ay Z8099 NW `aa�eMll!3S 'N IS yI-V 9I-Z NW `aa�eMll!�S 10 AID qaoM o!lgnd 10 a0100ala `saapueS uMeyS 'aW VZOZ `L aagoloO 5103-LIHOHV NIVM113 W 19 N3SN31SIH H0 'N3OV H �j Our breakdown of fees is as follows: Fee Design Team Member HKGi $17,900.00 FOR $17, 500.00 Larson Engineering — Helical Piers $16,000.00 Larson Engineering — Added Scope to meet code $ 8,200.00 EP $ 4,200.00 HCM Architects $ 6,600.00 Total Design Fees (Phases 2-6) + Cost Est. $70,400.00 We appreciate our working relationship with you and look forward to working with your team and the City of Stillwater in the development of this Project. Please give us a call (612-904-1332) if there are any questions regarding this proposal. Again, we truly thank you for this opportunity and look forward to working with you! Acceptance If this proposal meets with your approval, please indicate your authorization to proceed by signing the ACCEPTED BY and returning a copy to us. Should this proposal not be accepted within 60 days from the date of proposal or should the scope of the project or services vary from the stated assumptions, Hagen, Christensen & MclLwain Architects reserves the right to review and update this proposal as necessary. ACCEPTED BY: DATE: Page 2 of 2 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Angela Ross, Community Development Admin. Assistant SUBJECT: Consent Agenda Item: 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 applicant is the new owner of a previously licensed STHR. According to Section 6-413(c), a change in ownership requires a new license. The number of licenses previously approved by City Council remains at 45. 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 Leah Ranta & Tyler Owner Outside of home rental 404 Churchill St W Brakner Occupied Downtown N/A 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. S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Cody DeNucci, Assistant Public Works Superintendent SUBJECT: Approving Storage Area Improvement at the Public Works Department Facility BACKGROUND The Public Works Department has a storage area for stockpiles of sand, gravel, concrete, black dirt, and ball field material. Currently the city stores these aggregates directly on the gravel boneyard area behind the public works shop. This causes problems when the gravel mixes into the different types of material that we store and utilize for maintenance activities. Ultimately this results in wasted materials. A concrete surface is proposed to keep the materials separated from the ground and allow the loading of these materials in a more efficient manner. Staff have received four bids with Curbmasters coming in with the low bid of $22,458.00. The project will be funded utilizing street department funds. RECOMMENDATION It is recommended that Council approve the contract with Curbmasters for storage area improvements at the Public Works Department Facility ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH CURBMASTERS FOR STORAGE AREA IMPROVEMENTS AT THE PUBLIC WORKS DEPARTMENT FACILITY. Iwa ter The Birthplace of Minnesota AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 15th day of October, 2024, by and between the City of Stillwater, 216 41h Street North, Stillwater, Minnesota 55082, ("City") and Curb Masters, 496 Farwell Ave, South St. Paul, MN 55075 ("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; 2024 Concrete Slab - Public Works Department Facility 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 10/4/24, 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. 3. TERM. The term of this Agreement expires 10/15/2025. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other parry. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Cody DeNucci 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 Callies 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. hi 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 Curb Masters 216 4th Street North 496 Farwell Ave, Stillwater, MN 55082 South St. Paul, MN 55075 Attention: Cody DeNucci Attention: Mark Callies Or e-mailed: cdenucci@stillwatermn.gov Or emailed: mark@curbmasters.info 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 U CONTRACTOR CURB MASTERS By: By (Please Print): Title (Please Print): Digitally signed by Mark Callies Mark Callies ON"CurbM st rarl@wCN MakCalllies Date: 2024.10.08 10:47:08-05'00' Mark Callies President Project Description: 2024 Concrete Slab - Public Works Department Facility lllwater a�o�...�4rner�wart, Public Works Concrete Slab City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275-4100 Public Works Department 651-275-4112 Fax Item # Item Unit Quantity Unit Price Total 1 Mobilization/Demobilization LS 1 $ 1,000.00 $ 1,000.00 2 Excavate and prep LS 1 $ 2,495.00 $ 2,495.00 3 Sub -cut and add 6" of compacted class 5 gravel base (recommened amount) SF 1260 $ 1.55 $ 1,953.00 4 Concrete Slab with 3F52 mix ( MNDOT flatwork 4500# mix), 8" thick with #4 rebar reinforcement SF 1260 $ 13.50 $ 17,010.00 -Slab is 70' x 18' Total Contractor's Anticipated Start Date: ASAP Notes: *IC 134 must be submitted prior to final payment *Responsible Contractor Form must be submitted with quote *Bids due to the City of Stillwater on 10/4/2024 at 3:OOPM *All bids must be submitted on the City's proposal form and be a complete proposal *Bids may be submitted by mail, email, fax Attn: Cody DeNucci *Questions? Contact Cody DeNucci at 651-275-4101 *Bids should be labeled: Public Works Concrete Slab *The City of Stillwater reserves the right to add or subtract quantities *Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date Date: Print Name:��'C Signature: Title: Company Name $ 22,458.00 C✓.e,4 MA4?1LS Address: q `b / A"X "C. (f 14,.L Phone: 4 Q — Al ) — 16 T5- RESPONSIBLE SUBCONTRACTOR VERIFICATION Re: � l (,...-� f f Z- S 16 Project Name/Number r� The undersigned owner/officer of ( ),& �0 W__SA5KS, l Iq C. ("Subcontractor") herby certifies that it complies with each of the minimum criteria in Minn. Stat. § 16C.285, Subd. 3. The lower -tier subcontractors that Subcontractor intends to retain for work on the Project are: Subcontractor will obtain and submit signed verifications from each of its retained lower -tier subcontractors, confirming compliance with Minn. Stat. § 16C.285, Subd. 3, within 14 days of retaining the subcontractors. Dated: w _/Le Subcontractor By: Mark Callies Its: President Owner/Officer Subscr' ed and sworn to before me This day of A (, C , 20 16b�, , , �4__ I S. Notary Public CLAIRE ANN DAVIS NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 01/31/24 ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE Stillwater - Public Work slab PROJECT TITLE: Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION..., any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177,41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;" Rev. 11-13-2014 Page 1 of 6 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 3268, For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;' The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Rev. 11-13-2014 Page 2 of 6 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) 1 have included Attachment A-1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authorized Signatureof O er r--Officer:'-' Printed Name: Mark Callies Titie: President Company Name: Curb Masters Date: 10/7/24 NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. Rev. 11-13-2014 Page 3 of 6 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE Stillwater - Public Work slab Minn. Stat. § 16C.285, Subd, 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project.... Rev. 11-13-2014 Page 4 of 6 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: Stillwater - Public Work Slab This form must be submitted to the Project Manager or individual as identified in the solicitation document Minn, Stat. § 16C.285, Subd, 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors..,. here company located Rev. 11-13-2014 Page 5 of 6 ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) home office is located SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Signat wn or ffI Printed Name: Mark Callies Title: Date: President 10/7/24 Company Name: Curb Masters Rev. 11-13-2014 Page 6 of 6 i water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jenna Schmid, Deputy City Clerk SUBJECT: Temporary Liquor License for Valley Chamber Chorale BACKGROUND The Valley Chamber Chorale applied for a Temporary On -Sale Liquor License to be used during their "Christmas at the Court House" event located at the Washington County Historic Courthouse, 101 Pine St. W., on December 6-8, 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 Valley Chamber Chorale for December 6-8, 2024, contingent upon AGED approval. i water THE BIRTHPLACE OF MINNESOTA DATE: October 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: New Therapeutic Massage Business License and Individual Massage Therapist Licenses BACKGROUND Renatta Hunt owner of Full Cycle Wellness LLC has completed submitting her Therapeutic Massage Business application and Individual Massage Therapist application items and is ready for approval. Kendra Heifort with Spa810 Stillwater/Local Luxury MedSpa has submitted her application and fee for an Individual Massage Therapist License, this application is ready for approval. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to adopt RESOLUTION 2024- APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSES to Renatta Hunt owner of Full Cycle Wellness LLC and Kendra Heifort. City of Stillwater Washington County, Minnesota RESOLUTION 2024- APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSES WHEREAS, a request from the following business and message therapists have been received for the issuance of a Therapeutic Massage Business License and Individual Massage Therapist Licenses; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of Therapeutic Massage Business License and Individual Massage Therapist Licenses to the following. Business Location Massage Therapist(s) Full Cycle Wellness LLC 305 Greeley St S Renatta Hunt #302 Spa810 Stillwater/Local 232 Main St N Kendra Heifort Luxury MedSpa licensed approved 712124 Adopted by the Stillwater City Council this 15th day of October, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: October 15', 2024 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: JPA for Washington County Mass Community Notification System BACKGROUND The Washington County Sheriff's Office manages a mass community notification system (currently Code Red). The City of Stillwater partners with Washington County and pays a portion of the annual fee to be able to utilize this system to notify Stillwater residents in the case of an emergency. This is a need for our community and best practice in public safety. Partnering with Washington County allows for expertise and efficiencies in sending out the message through Washing County ECRC (Dispatch) RECOMMENDATION Staff recommends approval of renewing the JPA between The city of Stillwater and Washington County continuing access to the Mass Community Notification System ACTION REQUESTED Sign JPA between The city of Stillwater and Washington County continuing access to the Mass Community Notification System JOINT POWERS AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF STILLWATER FOR A MASS COMMUNITY NOTIFICATION SYSTEM THIS AGREEMENT is made by and between political subdivisions organized and existing under the Constitution and laws of the State of Minnesota. Washington County, hereinafter "County", and the City of Stillwater, hereinafter "City", are the parties to this agreement. WHEREAS, both political subdivisions, through their law enforcement agencies, manage threats to public health, safety, and welfare. WHEREAS, Minnesota Statute Section 471.59, commonly known as the Joint Powers Act, provides that two or more governmental units may, by agreement, jointly exercise any power common to the contracting parties. WHEREAS, the County has entered into a contract for a Mass Community Notification System, hereinafter "System", for the purpose of sending mass notifications to homes, businesses, and mobile phone devices. WHEREAS, the County has agreed to purchase sufficient minutes annually to assist the agencies within Washington County to provide necessary mass emergency notifications. WHEREAS, the City is in need of having the ability to communicate with the public in a timely manner during both emergency and non -emergency situations. WHEREAS, at the request of the City, the County is willing to provide a System to meet this need. NOW THEREFORE, pursuant to the authority contained in Minnesota Statute Section 471.59, and in consideration of the mutual covenant contained herein and the benefits that each party hereto shall derive, the County and City hereby agree to the following terms and conditions. PURPOSE The purpose of this joint powers agreement is set forth in the recitals contained above, which are incorporated by reference and fully set forth herein. COUNTY'S RESPONSIBILITIES 1. The County agrees to enter into a contract for the purchase of sufficient minutes annually for the System. 2. The County will develop a policy related to the use and maintenance of the System. 3. The County will assign an employee as the System administrator. 4. The County agrees to train the Emergency Communications Response Center, hereinafter "ECRC", personnel in the operation of the System. 5. The County will periodically test the System to ensure it is operating properly. 6. The County will monitor the number of minutes used by all agencies to ensure there is sufficient minutes available in the event of an emergency. CITY'S RESPONSIBILITIES 1. The City will conform to the policy developed by the County related to the use and maintenance of the System. 2. The City's representative will be responsible for notifying the County's ECRC for emergency notifications. Emergency notifications are defined in the policy as those that are related to public safety or public health. 3. The City's representative will be responsible for determining the content of any emergency notification message, in addition to the geographic area the message is to be sent. 4. The County's ECRC personnel will assist in preparing emergency notifications and will be responsible for initiating the call procedures through the System at the direction of the City's representative. 5. The City's representative has the option to send general notifications through a web -based server, or the City's representative may contact the ECRC to send general notifications on their behalf. General notifications are defined in the policy as those that are for the purpose of public notification and do not meet the criteria of an emergency notification. TERM OF AGREEMENT The term of this agreement shall begin on January 1, 2025, the date of the signature of the parties notwithstanding. This agreement will remain in effect until such time as one or both parties terminate the agreement as provided herein. TERMINATION The County may cancel this agreement with or without cause at any time upon giving a thirty (30) days' written notice to the City Administrator or designee. The City may cancel this agreement with or without cause at any time upon giving a thirty (30) days' written notice to the County Sheriff or designee. COST AND PAYMENT The minutes purchased by the County annually will be used for all emergency notifications at no cost to the City. The County will monitor the number of minutes available. If the number of minutes available becomes insufficient, the County, at its discretion, will bill the City for general notification minutes used at a rate of $0.25 per minute. These funds will be retained by the County for the sole purpose of purchasing additional minutes. The City shall pay the County within thirty (30) days of being invoiced. INDEPENDENT CONTRACTOR Nothing within this agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting the City as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. ASSIGNMENT The City shall not assign any services contemplated under this agreement. AUDITS, REPORTS, RECORDS, AND MONITORING PROCEDURES/RECORDS AVAILABILITY & RETENTION Pursuant to Minnesota Statute Section 16C.05 Subdivision 5, the City will: Maintain all books, records, documents, and accounting procedures and practices that are related to and/or relevant to this agreement. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, records, documents, and accounting procedures and practices that are related to and/or relevant to this agreement. The City agrees to maintain these records for a period of six (6) years from the date of the termination of this agreement. INDEMNIFICATION The City agrees it will defend, indemnify, and hold harmless the County, its officers, and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the City in the performance of this agreement. The liability of the parties under this agreement shall be governed by Minnesota Statutes Section 471.59 Subdivision 1a. Each party to this agreement shall be liable for its own acts or omissions and shall not be liable for the acts or omissions of any other party to this agreement. INSURANCE REQUIREMENTS The City agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this agreement, keep in force the following insurance protection in the limits specified: 3 1. Maintain membership and participation in the League of Minnesota Cities Insurance Trust or commercial general liability insurance with contractual liability coverage in the amount of the City's and County's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the City's and County's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 3. Worker's compensation in statutory amount. Prior to the effective date of this agreement, the City will furnish the County with certificates of insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed a substantial breach of contract. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days' notice thereof to the County. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City, because of this agreement, shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, and the Rules implementing the Act now in force or as amended, as well as federal regulations on data privacy. IN TESTIMONY WHEREOF, the parties have duly executed this agreement by their duly authorized officers: WASHINGTON COUNTY CITY OF STILLWATER County Board Chair Date Date County Administrator Date Date Approved as to form: Assistant County Attorney Date El water. THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: 2024 Street Improvement Project - Assessment Hearing and Adoption of Assessment Roll (2024-02) DISCUSSION Completion of the 2024 Street Project is near with some work scheduled for October 2024 and spring of 2025. The last step in the City's improvement process is to adopt the assessments for the project. The feasibility estimate for the project was $3,301,368 and the final project cost is estimated to be $3,439,854. There were slight variations in the final assessment amount. The appraisals vary between different locations of the project, some were higher than the estimated and final assessments of the project, and some were lower. According to the State Statue, the lower of final calculated cost of the project or the appraised value is assessed to the property owners. The table below shows assessments rates for the project: Property Type Preliminary Assessment Rate Final Assessment Rate Mill and Overlay Liberty area $3,550.00/unit $4,000/unit Mill and Overlay Greeley St (Orleans St. W- Churchill St.) $1,550/unit $1,264.75/unit Reconstruct Greeley St. (Churchill St. — Myrtle St.) $7,000/unit $8,500/unit Reconstruct 2"d Street $8,750/ unit $9,490.50/unit Reconstruction West Off Greeley $10,000/unit $12,000/unit Mill & Overlay Liberty Area Linear ft. $36.50/ft $41.10/ft Mill and Overlay Greeley St (Orleans St. W- Churchill St.) Linear ft. $75.00/ft $81.85/ft Reconstruct Greeley St. (Churchill St. — Myrtle St.) Linear ft. $87.50/ft $99.95/ft Water Services $5,133/service $4,733/service *City properties are assessed per linear foot according to city policy. A few items of note regarding assessments: • Residential corner lots are assessed 0.5 units per side improved and may have received two different assessment rates • There are few City properties in the Reconstruction area that are calculated at linear foot and the total is deducted from the construction cost Funding of the project is split as follows: Assessments $1,581,318 City Funds $1,858,536 To date there are no objections submitted to the City. The assessments will be collected over a period of five (5) years if the assessment amount is less than $3,000, ten (10) years if the assessment amount is $3,000 and less than $10,000 or fifteen (15) years if the assessment amount is $10,000 or more with interest added at 4.26% per year on the unpaid balance. RECOMMENDATION Staff recommends that Council hold the assessment hearing, and adopt the attached assessment roll for the 2024 Street Improvement Project. ACTION REQUIRED If Council concurs with the staff recommendation, they should conduct the public hearing and pass Resolution 2024 ADOPTING ASSESSMENT FOR THE 2024 STREET IMPROVEMENT PROJECT (PROJECT 2024-02). City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION ADOPTING ASSESSMENT FOR 2024 STREET IMPROVEMENT PROJECT PROJECT 2024-02 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard all objections to the proposed assessment for the 2024 Street Improvement Project for the following area: Properties abutting; Adeline Grn, Eben Grn, Eben Ct., Eben Way, Newman Trail, Liberty Ave., Liberty Ct., Liberty Pkwy, Heritage Ct., Kinship Green N, Homestead Green, Homeward way, Country Rd., Harvest Grn, Heritage Ave., Planting Grn, Farm Hill Green Rd, Tending Grn, Greeley Street S (Myrtle to Orleans St), Lake Street W., Abbott St W (Greeley St. to Owens St. S), Owens St S (Abbott to Willard St.W), Willard St W (Owens St. S to Center St.S), Center St S (Willard St. W. to Pine St. W.), 2nd Street (Nelson St. to Willard St E), 62nd Street N (East of Timber Way). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal installments over a period of five (5) years for assessments less than $3,000 or (10) years for assessments between $3,001 and $10,000 or fifteen (15) if the assessment is over $10,000 and shall bear interest at the rate of 4.26% per annum from the date of the adoption of this assessment resolution. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The yearly installments will be collected with the property taxes that are paid to Washington County. Property owners may at any time prior to certification of the assessment to the county auditor, make a whole or partial payment of the assessment balance without any additional interest to the City of Stillwater. No interest will be charged if the entire assessment is paid by November 15, 2024. If the assessment is not paid by November 15, 2024, accrued interest from the date of the adoption of the assessment roll through December 31, 2025 will be added with the first installment due in 2025. Adopted by the council this 15t" day of October 2024. IN 11 V&61;&3I "MTiTI-11% I =1:7 Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Rate: LF = $8.65 Final Assessment Roll Term: 5yrs less than $3,000 2024 Street Rehabilitation Project 10yrs $3,001 - $10,000 Project 2024-02, L1441 15yrs if over $10,000 Interest Rate: 4.26% MILL & OVERLAY GEO STREET CITY TOTAL AMT PROPERTY 30.030.20.32.0016 270 COUNTRY RD STILLWATER MN 55082 $ 2,000.00 270 COUNTRY RD 30.030.20.33.0008 488 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 488 HOMEWARD WAY 30.030.20.33.0009 476 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 476 HOMEWARD WAY 30.030.20.33.0010 464 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 464 HOMEWARD WAY 30.030.20.33.0011 3493 HERITAGE AVE STILLWATER MN 55082 $ 4,000.00 3493 HERITAGE AVE 30.030.20.33.0012 440 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 440 HOMEWARD WAY 30.030.20.33.0013 428 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 428 HOMEWARD WAY 30.030.20.33.0014 350 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 350 LIBERTY PKWY 30.030.20.33.0015 330 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 330 LIBERTY PKWY 30.030.20.33.0016 310 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 310 LIBERTY PKWY 30.030.20.33.0017 273 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 273 COUNTRY RD 30.030.20.33.0018 3312 PIONEER PL STILLWATER MN 55082 $ 2,000.00 3312 PIONEER PL 30.030.20.33.0019 481 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 481 HOMEWARD WAY 30.030.20.33.0020 469 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 469 HOMEWARD WAY 30.030.20.33.0021 457 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 457 HOMEWARD WAY 30.030.20.33.0022 401 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 401 COUNTRY RD 30.030.20.33.0023 407 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 407 COUNTRY RD 30.030.20.33.0024 413 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 413 COUNTRY RD 30.030.20.33.0025 419 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 419 COUNTRY RD 30.030.20.33.0026 425 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 425 COUNTRY RD 30.030.20.33.0027 431 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 431 COUNTRY RD 30.030.20.33.0028 437 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 437 COUNTRY RD 30.030.20.33.0029 443 HARVEST GRN STILLWATER MN 55082 $ 4,000.00 443 HARVEST GRN 30.030.20.33.0030 449 HARVEST GRN STILLWATER MN 55082 $ 4,000.00 449 HARVEST GRN 30.030.20.33.0031 455 HARVEST GREEN STILLWATER MN 55082 $ 4,000.00 455 HARVEST GRN 30.030.20.33.0032 PO BOX 149050 AUSTIN TX 78714 $ 4,000.00 461 HARVEST GRN 30.030.20.33.0033 456 HARVEST GRN STILLWATER MN 55082 $ 4,000.00 456 HARVEST GRN 30.030.20.33.0034 450 HARVEST GRN STILLWATER MN 55082 $ 4,000.00 450 HARVEST GRN 30.030.20.33.0035 444 HARVEST GREEN STILLWATER MN 55082 $ 4,000.00 444 HARVEST GRN 30.030.20.33.0036 436 HARVEST GRN STILLWATER MN 55082 $ 4,000.00 436 HARVEST GRN 30.030.20.33.0037 430 HARVEST GRN STILLWATER MN 55082 $ 4,000.00 430 HARVEST GRN 30.030.20.33.0038 424 HARVEST GREEN STILLWATER MN 55082 $ 4,000.00 424 HARVEST GRN 30.030.20.33.0039 3641 TENDING GRN STILLWATER MN 55082 $ 4,000.00 3641 TENDING GRN 30.030.20.33.0040 3653 TENDING GREEN STILLWATER MN 55082 $ 4,000.00 3653 TENDING GRN 30.030.20.33.0041 3665 TENDING GREEN STILLWATER MN 55082 $ 4,000.00 3665 TENDING GRN 30.030.20.33.0042 3667 PLANTING GREEN STILLWATER MN 55082 $ 4,000.00 3667 PLANTING GRN 30.030.20.33.0043 3661 PLANTING GREEN STILLWATER MN 55082 $ 4,000.00 3661 PLANTING GRN 30.030.20.33.0044 3655 PLANTING GREEN STILLWATER MN 55082 $ 4,000.00 3655 PLANTING GRN 30.030.20.33.0045 316 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 316 COUNTRY RD 30.030.20.33.0046 326 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 326 COUNTRY RD 30.030.20.33.0047 1336 COUNTRY RD ISTILLWATER MN 55082 1 $ 4,000.00 1336 COUNTRY RD 30.030.20.33.0048 1342 COUNTRY RD ISTILLWATER MN 55082 1 $ 4,000.00 1342 COUNTRY RD 10/10/2024 Rate: LF = $8.65 Final Assessment Roll Term: 5yrs less than $3,000 2024 Street Rehabilitation Project 10yrs $3,001 - $10,000 Project 2024-02, L1441 15yrs if over $10,000 Interest Rate: 4.26% MILL & OVERLAY GEO STREET CITY TOTAL AMT PROPERTY 30.030.20.33.0049 346 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 346 COUNTRY RD 30.030.20.33.0050 3648 TENDING GREEN STILLWATER MN 55082 $ 4,000.00 3648 TENDING GRN 30.030.20.33.0051 3654 TENDING GREEN STILLWATER MN 55082 $ 4,000.00 3654 TENDING GRN 30.030.20.33.0052 3660 TENDING GREEN STILLWATER MN 55082 $ 4,000.00 3660 TENDING GRN 30.030.20.33.0053 3666 TENDING GREEN STILLWATER MN 55082 $ 4,000.00 3666 TENDING GRN 30.030.20.33.0054 3664 PLANTING GRN STILLWATER MN 55082 $ 4,000.00 3664 PLANTING GRN 30.030.20.33.0055 300 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 300 COUNTRY RD 30.030.20.33.0056 296 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 296 COUNTRY RD 30.030.20.33.0057 290 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 290 COUNTRY RD 30.030.20.33.0058 286 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 286 COUNTRY RD 30.030.20.33.0059 282 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 282 COUNTRY RD 30.030.20.33.0060 276 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 276 COUNTRY RD 30.030.20.33.0061 281 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 281 COUNTRY RD 30.030.20.33.0062 293 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 293 COUNTRY RD 30.030.20.33.0063 301 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 301 COUNTRY RD 30.030.20.33.0064 307 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 307 COUNTRY RD 30.030.20.33.0065 313 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 313 COUNTRY RD 30.030.20.33.0066 319 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 319 COUNTRY RD 30.030.20.33.0067 325 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 325 COUNTRY RD 30.030.20.33.0068 331 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 331 COUNTRY RD 30.030.20.33.0069 337 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 337 COUNTRY RD 30.030.20.33.0070 343 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 343 COUNTRY RD 30.030.20.33.0071 349 COUNTRY RD STILLWATER MN 55082 $ 4,000.00 349 COUNTRY RD 30.030.20.34.0004 512 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 512 LIBERTY PKWY 30.030.20.34.0005 506 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 506 LIBERTY PKWY 30.030.20.34.0006 490 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 490 LIBERTY PKWY 30.030.20.34.0007 470 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 470 LIBERTY PKWY 30.030.20.34.0008 450 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 450 LIBERTY PKWY 30.030.20.34.0009 430 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 430 LIBERTY PKWY 30.030.20.34.0010 425 LIBERTY PKWY STILLWATER MN 55082 $ 2,000.00 425 LIBERTY PKWY 30.030.20.34.0011 3378 HERITAGE CT STILLWATER MN 55082 $ 4,000.00 3378 HERITAGE CT 30.030.20.34.0012 3394 HERITAGE CT STILLWATER MN 55082 $ 4,000.00 3394 HERITAGE CT 30.030.20.34.0013 3395 PIONEER PLACE STILLWATER MN 55082 $ 2,000.00 3395 PIONEER PL 30.030.20.34.0041 404 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 404 HOMEWARD WAY 30.030.20.34.0042 390 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 390 LIBERTY PKWY 30.030.20.34.0043 370 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 370 LIBERTY PKWY 30.030.20.34.0044 421 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 421 LIBERTY PKWY 30.030.20.34.0045 415 LIBERTY PKY STILLWATER MN 55082 $ 4,000.00 415 LIBERTY PKWY 30.030.20.34.0046 409 LIBERTY PKY STILLWATER MN 55082 $ 4,000.00 409 LIBERTY PKWY 30.030.20.34.0047 403 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 403 LIBERTY PKWY 30.030.20.34.0048 1395 LIBERTY PKY ISTILLWATER MN 55082 1 $ 4,000.00 1395 LIBERTY PKWY 30.030.20.34.0049 1385 FARM HILL GREEN ISTILLWATER MN 55082 1 $ 4,000.00 1385 FARM HILL GRN 10/10/2024 Rate: LF = $8.65 Final Assessment Roll Term: 5yrs less than $3,000 2024 Street Rehabilitation Project 10yrs $3,001 - $10,000 Project 2024-02, L1441 15yrs if over $10,000 Interest Rate: 5.07% MILL & OVERLAY GEO STREET CITY TOTAL AMT PROPERTY 30.030.20.34.0050 365 FARM HILL GREEN STILLWATER MN 55082 $ 4,000.00 365 FARM HILL GRN 30.030.20.34.0051 345 FARM HILL GRN STILLWATER MN 55082 $ 4,000.00 345 FARM HILL GRN 30.030.20.34.0052 325 FARM HILL GREEN STILLWATER MN 55082 $ 4,000.00 325 FARM HILL GRN 30.030.20.34.0055 445 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 445 HOMEWARD WAY 30.030.20.34.0056 431 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 431 HOMEWARD WAY 30.030.20.34.0057 423 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 423 HOMEWARD WAY 30.030.20.34.0058 419 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 419 HOMEWARD WAY 30.030.20.34.0059 400 LIBERTY PKY STILLWATER MN 55082 $ 4,000.00 400 LIBERTY PKWY 30.030.20.34.0060 410 LIBERTY PKWY STILLWATER MN 55082 $ 4,000.00 410 LIBERTY PKWY 30.030.20.34.0061 416 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 416 HOMEWARD WAY 31.030.20.21.0003 216 4TH ST N PO BOX 242 STILLWATER MN 55082 $ 4,000.00 31.030.20.21.0004 216 4TH ST N PO BOX 242 STILLWATER MN 55082 $ 4,000.00 31.030.20.21.0007 3362 HERITAGE CT STILLWATER MN 55082 $ 4,000.00 3362 HERITAGE CT 31.030.20.21.0008 3330 HERITAGE CT STILLWATER MN 55082 $ 4,000.00 3330 HERITAGE CT 31.030.20.21.0009 3314 HERITAGE CT STILLWATER MN 55082 $ 4,000.00 3314 HERITAGE CT 31.030.20.21.0010 613 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 613 NEWMAN TRL 31.030.20.21.0011 3435 HERITAGE CT STILLWATER MN 55082 $ 4,000.00 3435 HERITAGE CT 31.030.20.21.0012 3415 HERITAGE CT STILLWATER MN 55082 $ 4,000.00 3415 HERITAGE CT 31.030.20.21.0013 614 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 614 NEWMAN TRL 31.030.20.21.0014 620 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 620 NEWMAN TRL 31.030.20.21.0015 559 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 559 NEWMAN TRL 31.030.20.21.0016 565 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 565 NEWMAN TRL 31.030.20.21.0020 590 NEWMAN TRL STILLWATER MN 55082 $ 2,000.00 590 NEWMAN TRL 31.030.20.21.0021 595 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 595 NEWMAN TRL 31.030.20.21.0022 650 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 650 NEWMAN TRL 31.030.20.21.0023 640 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 640 NEWMAN TRL 31.030.20.21.0024 630 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 630 NEWMAN TRL 31.030.20.21.0025 655 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 655 NEWMAN TRL 31.030.20.21.0026 725 REUNION RD STILLWATER MN 55082 $ 2,000.00 725 REUNION RD 31.030.20.21.0029 745 LIBERTY CT STILLWATER MN 55082 $ 4,000.00 745 LIBERTY CT 31.030.20.21.0030 735 LIBERTY CT STILLWATER MN 55082 $ 4,000.00 735 LIBERTY CT 31.030.20.21.0031 725 LIBERTY CT STILLWATER MN 55082 $ 4,000.00 725 LIBERTY CT 31.030.20.21.0032 715 LIBERTY CT STILLWATER MN 55082 $ 4,000.00 715 LIBERTY CT 31.030.20.21.0033 705 LIBERTY CT STILLWATER MN 55082 $ 4,000.00 705 LIBERTY CT 31.030.20.21.0034 645 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 645 NEWMAN TRL 31.030.20.21.0035 635 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 635 NEWMAN TRL 31.030.20.21.0037 613 NEWMAN TRL STILLWATER MN 55082 $0.00 31.030.20.21.0038 625 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 625 NEWMAN TRL 31.030.20.21.0041 580 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 580 NEWMAN TRL 31.030.20.22.0002 216 4TH ST N PO BOX 242 STILLWATER MN 55082 $ 4,000.00 31.030.20.22.0003 1216 4TH ST N PO BOX 242 ISTILLWATER MN 55082 1 $ 4,000.00 31.030.20.22.0005 13680 KINSHIP GREEN N ISTILLWATER MN 55082 1 $ 4,000.00 13680 KINSHIP GRN 10/10/2024 Rate: LF = $8.65 Final Assessment Roll Term: 5yrs less than $3,000 2024 Street Rehabilitation Project 10yrs $3,001 - $10,000 Project 2024-02, L1441 15yrs if over $10,000 Interest Rate: 5.07% MILL & OVERLAY GEO STREET CITY TOTAL AMT PROPERTY 31.030.20.22.0006 3660 KINSHIP GRN STILLWATER MN 55082 $ 4,000.00 3660 KINSHIP GRN 31.030.20.22.0007 3640 KINSHIP GRN STILLWATER MN 55082 $ 4,000.00 3640 KINSHIP GRN 31.030.20.22.0008 3620 KINSHIP GRN N STILLWATER MN 55082 $ 4,000.00 3620 KINSHIP GRN 31.030.20.22.0009 3600 KINSHIP GRN STILLWATER MN 55082 $ 4,000.00 3600 KINSHIP GRN 31.030.20.22.0010 3520 LIBERTY AVE STILLWATER MN 55082 $ 4,000.00 3520 LIBERTY AVE 31.030.20.22.0011 500 HOMEWARD WAY STILLWATER MN 55082 $ 4,000.00 500 HOMEWARD WAY 31.030.20.22.0012 3484 LIBERTY AVE STILLWATER MN 55082 $ 4,000.00 3484 LIBERTY AVE 31.030.20.22.0013 518 LIBERTY PKY STILLWATER MN 55082 $ 4,000.00 518 LIBERTY PKWY 31.030.20.22.0014 3495 LIBERTY AVE STILLWATER MN 55082 $ 4,000.00 3495 LIBERTY AVE 31.030.20.22.0015 3475 LIBERTY AVE STILLWATER MN 55082 $ 4,000.00 3475 LIBERTY AVE 31.030.20.22.0016 3455 LIBERTY AVE STILLWATER MN 55082 $ 4,000.00 3455 LIBERTY AVE 31.030.20.22.0017 553 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 553 NEWMAN TRL 31.030.20.22.0018 547 ADELINE GRN STILLWATER MN 55082 $ 4,000.00 547 ADELINE GRN 31.030.20.22.0019 543 ADELINE GRN STILLWATER MN 55082 $ 4,000.00 543 ADELINE GRN 31.030.20.22.0020 539 ADELINE GREEN STILLWATER MN 55082 $ 4,000.00 539 ADELINE GRN 31.030.20.22.0021 535 ADELINE GREEN STILLWATER MN 55082 $ 4,000.00 535 ADELINE GRN 31.030.20.22.0022 531 ADELINE GRN STILLWATER MN 55082 $ 4,000.00 531 ADELINE GRN 31.030.20.22.0023 3685 HOMESTEAD GRN STILLWATER MN 55082 $ 4,000.00 3685 HOMESTEAD GRN 31.030.20.22.0024 3665 HOMESTEAD GRN STILLWATER MN 55082 $ 4,000.00 3665 HOMESTEAD GRN 31.030.20.22.0025 3645 HOMESTEAD GRN STILLWATER MN 55082 $ 4,000.00 3645 HOMESTEAD GRN 31.030.20.22.0026 3625 HOMESTEAD GREEN STILLWATER MN 55082 $ 4,000.00 3625 HOMESTEAD GRN 31.030.20.22.0027 3615 HOMESTEAD GREEN STILLWATER MN 55082 $ 4,000.00 3615 HOMESTEAD GRN 31.030.20.22.0028 3605 HOMESTEAD GREEN STILLWATER MN 55082 $ 4,000.00 3605 HOMESTEAD GRN 31.030.20.22.0029 512 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 512 NEWMAN TRL 31.030.20.22.0030 518 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 518 NEWMAN TRL 31.030.20.22.0031 524 NEWMAN TR STILLWATER MN 55082 $ 4,000.00 524 NEWMAN TRL 31.030.20.22.0032 530 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 530 NEWMAN TRL 31.030.20.22.0033 536 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 536 NEWMAN TRL 31.030.20.22.0034 542 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 542 NEWMAN TRL 31.030.20.22.0035 548 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 548 NEWMAN TRL 31.030.20.22.0036 564 NEWMAN TRL STILLWATER MN 55082 $ 4,000.00 564 NEWMAN TRL 31.030.20.22.0037 3521 EBEN WAY STILLWATER MN 55082 $ 4,000.00 3521 EBEN WAY 31.030.20.22.0038 3527 EBEN WAY STILLWATER MN 55082 $ 4,000.00 3527 EBEN WAY 31.030.20.22.0039 3533 EBEN WAY STILLWATER MN 55082 $ 4,000.00 3533 EBEN WAY 31.030.20.22.0040 3539 EBEN WAY STILLWATER MN 55082 $ 4,000.00 3539 EBEN WAY 31.030.20.22.0041 3543 EBEN WAY STILLWATER MN 55082 $ 4,000.00 3543 EBEN WAY 31.030.20.22.0042 3549 EBEN WAY STILLWATER MN 55082 $ 4,000.00 3549 EBEN WAY 31.030.20.22.0043 3605 EBEN WAY STILLWATER MN 55082 $ 4,000.00 3605 EBEN WAY 31.030.20.22.0044 PO BOX 2298 STILLWATER MN 55082 $ 4,000.00 3615 EBEN WAY 31.030.20.22.0045 3625 EBEN WAY STILLWATER MN 55082 $ 4,000.00 3625 EBEN WAY 31.030.20.22.0046 13635 EBEN GREEN ISTILLWATER MN 55082 1 $ 4,000.00 13635 EBEN GRN 31.030.20.22.0047 13645 EBEN GREEN ISTILLWATER MN 55082 1 $ 4,000.00 13645 EBEN GRN 4 10/10/2024 Rate: LF = $8.65 Final Assessment Roll Term: 5yrs less than $3,000 2024 Street Rehabilitation Project 10yrs $3,001 - $10,000 Project 2024-02, L1441 15yrs if over $10,000 Interest Rate: 5.07% MILL & OVERLAY GEO STREET CITY TOTAL AMT PROPERTY 31.030.20.22.0048 3655 EBEN GRN STILLWATER MN 55082 $ 4,000.00 3655 EBEN GRN 31.030.20.22.0049 3665 EBEN GREEN STILLWATER MN 55082 $ 4,000.00 3665 EBEN GRN 31.030.20.22.0050 3675 EBEN GRN STILLWATER MN 55082 $ 4,000.00 3675 EBEN GRN 31.030.20.22.0051 674 EBEN CT STILLWATER MN 55082 $ 4,000.00 674 EBEN CT 31.030.20.22.0052 662 EBEN CT STILLWATER MN 55082 $ 4,000.00 662 EBEN CT 31.030.20.22.0053 650 EBEN CT STILLWATER MN 55082 $ 4,000.00 650 EBEN CT 31.030.20.22.0054 638 EBEN CT STILLWATER MN 55082 $ 4,000.00 638 EBEN CT 31.030.20.22.0055 626 EBEN CT STILLWATER MN 55082 $ 4,000.00 626 EBEN CT 31.030.20.22.0056 614 EBEN CT STILLWATER MN 55082 $ 4,000.00 614 EBEN CT 31.030.20.22.0057 602 EBEN CT STILLWATER MN 55082 $ 4,000.00 602 EBEN CT 31.030.20.22.0058 594 EBEN CT STILLWATER MN 55082 $ 4,000.00 594 EBEN CT 31.030.20.22.0059 588 EBEN CT STILLWATER MN 55082 $ 4,000.00 588 EBEN CT 31.030.20.22.0060 582 EBEN CT STILLWATER MN 55082 $ 4,000.00 582 EBEN CT 31.030.20.22.0061 576 EBEN CT STILLWATER MN 55082 $ 4,000.00 576 EBEN CT 31.030.20.22.0062 568 EBEN CT STILLWATER MN 55082 $ 4,000.00 568 EBEN CT 31.030.20.22.0063 515 EBEN CT STILLWATER MN 55082 $ 4,000.00 515 EBEN CT 31.030.20.22.0064 525 EBEN CT STILLWATER MN 55082 $ 4,000.00 525 EBEN CT 31.030.20.22.0065 535 EBEN CT STILLWATER MN 55082 $ 4,000.00 535 EBEN CT 31.030.20.22.0066 545 EBEN CT STILLWATER MN 55082 $ 4,000.00 545 EBEN CT 31.030.20.22.0067 565 EBEN CT STILLWATER MN 55082 $ 4,000.00 565 EBEN CT 31.030.20.22.0068 3532 EBEN CT STILLWATER MN 55082 $ 4,000.00 3532 EBEN WAY 31.030.20.22.0069 3526 EBEN WAY STILLWATER MN 55082 $ 4,000.00 3526 EBEN WAY 31.030.20.22.0070 1360 9TH ST E # 900 CLEVELAND OH 44114 $ 4,000.00 3520 EBEN WAY 31.030.20.22.0071 520 EBEN CT STILLWATER MN 55082 $ 4,000.00 520 EBEN CT 31.030.20.22.0072 530 EBEN CT STILLWATER MN 55082 $ 4,000.00 530 EBEN CT 31.030.20.22.0073 540 EBEN CT STILLWATER MN 55082 $ 4,000.00 540 EBEN CT 31.030.20.22.0074 550 EBEN CT STILLWATER MN 55082 $ 4,000.00 550 EBEN CT 31.030.20.22.0075 673 EBEN CT STILLWATER MN 55082 $ 4,000.00 673 EBEN CT 31.030.20.22.0076 657 EBEN CT STILLWATER MN 55082 $ 4,000.00 657 EBEN CT 31.030.20.22.0077 641 EBEN CT STILLWATER MN 55082 $ 4,000.00 641 EBEN CT 31.030.20.22.0078 625 EBEN CT STILLWATER MN 55082 $ 4,000.00 625 EBEN CT 10/10/2024 Final Assessment Roll Term: 5yrs less than $3,000 2024 Street Rehabilitation Project 10yrs $3,001 - $10,000 Project 2024-02, LI441 15yrs if over $10,000 Interest Rate: 4.26% RECONSTRUCTION GEO STREET CITY WATER SERVICE ASMT TOTAL ASMT Property Address 28.030.20.32.0108 813 MYRTLE ST W STILLWATER MN 55082 $ $ 21,189.40 813 MYRTLE ST W 28.030.20.32.0109 125 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 125 GREELEY ST S 28.030.20.32.0110 122 GREELEY ST S STILLWATER MN 55082 $ $ - 28.030.20.32.0111 122 GREELEY ST S STILLWATER MN 55082 $ $ - 28.030.20.32.0114 122 GREELEY ST S STILLWATER MN 55082 $ $ 21,789.10 110 GREELEY ST S 28.030.20.32.0118 122 GREELEY ST S STILLWATER MN 55082 $ $ 6,796.60 122 GREELEY ST S 28.030.20.33.0001 PO BOX 160488 ALTAMONTE SPRINGS FL 32716 $ $ 21,289.35 313 GREELEY ST S 28.030.20.33.0002 300 GREELEY ST S # 200 STILLWATER MN 55082 $ $ 9,995.00 305 GREELEY ST S 28.030.20.33.0003 4569 MCDONALD DR OVERLOOK STILLWATER MN 55082 $ $ 7,496.25 920 OLIVE ST W 28.030.20.33.0007 212 GREELEY ST S STILLWATER MN 55082 $ $ 4,250.00 212 GREELEY ST S 28.030.20.33.0008 206 GREELEY ST S STILLWATER MN 55082 $ $ 4,250.00 206 GREELEY ST S 28.030.20.33.0009 1001 OLIVE ST W STILLWATER MN 55082 $ $ 4,250.00 1001 OLIVE ST W 28.030.20.33.0013 1002 W OAK ST STILLWATER MN 55082 $ $ 4,250.00 1002 OAK ST W 28.030.20.33.0046 401 GREELEY ST S STILLWATER MN 55082 $ $ 4,250.00 401 GREELEY ST S 28.030.20.33.0048 413 GREELEY ST S STILLWATER MN 55082 $ $ 4,997.50 413 GREELEY ST S 28.030.20.33.0049 407 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 407 GREELEY ST S 28.030.20.33.0052 419 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 419 GREELEY ST S 28.030.20.33.0054 410 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 410 GREELEY ST S 28.030.20.33.0055 911 TOWNE CIR STILLWATER MN 55082 $ $ 4,250.00 404 GREELEY ST S 28.030.20.33.0060 412 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 412 GREELEY ST S 28.030.20.33.0061 424 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 424 GREELEY ST S 28.030.20.33.0065 426 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 426 GREELEY ST S 28.030.20.33.0081 1006 PINE ST W STILLWATER MN 55082 $ $ 4,250.00 1006 PINE ST W 28.030.20.33.0083 504 GREELEY ST S STILLWATER MN 55082 $ $ 4,250.00 504 GREELEY ST S 28.030.20.33.0086 510 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 510 GREELEY ST S 28.030.20.33.0089 518 GREELEY ST S STILLWATER MN 55082 $ $ 4,250.00 518 GREELEY ST S 28.030.20.33.0091 425 GREELEY ST S STILLWATER MN 55082 $ - $ 4,250.00 425 GREELEY ST S 28.030.20.33.0094 917 PINE ST W STILLWATER MN 55082 $ 4,733.00 $ 8,983.00 917 PINE ST W 28.030.20.33.0095 106 LAUREL ST E STILLWATER MN 55082 $ - $ 8,500.00 509 GREELEY ST S 28.030.20.33.0098 930 WILLARD ST STILLWATER MN 55082 $ - $ 4,250.00 930 WILLARD ST W 28.030.20.33.0115 1215 W PINE ST STILLWATER MN 55082 $ 4,733.00 $ 4,733.00 1215 PINE ST W 28.030.20.33.0116 1225 PINE ST W STILLWATER MN 55082 $ 4,733.00 $ 10,733.00 1225 PINE ST W 28.030.20.33.0117 1120 WILLARD ST W STILLWATER MN 55082 $ - $ 12,000.00 1120 WILLARD ST W 28.030.20.33.0118 1209 PINE ST W STILLWATER MN 55082 $ $ - 28.030.20.33.0120 1120 WILLARD ST W STILLWATER MN 55082 $ $ 28.030.20.33.0121 1120 WILLARD ST W STILLWATER MN 55082 $ $ - 28.030.20.33.0124 510 OWENS ST S STILLWATER MN 55082 $ $ 6,000.00 510 OWENS ST S 28.030.20.41.0086 216 4TH ST N PO BOX 242 STILLWATER MN 55082 $ $ - 28.030.20.41.0136 216 4TH ST N PO BOX 242 STILLWATER MN 55082 $ $ - 28.030.20.44.0015 663 2ND ST S STILLWATER MN 55082 $ $ 4,745.25 663 2ND ST S 28.030.20.44.0016 655 2ND ST S STILLWATER MN 55082 $ $ 9,490.50 655 2ND ST S 28.030.20.44.0023 1725 TOWER DR # 130 STILLWATER MN 55082 $ $ 4,745.25 437 2ND ST S 28.030.20.44.0025 216 4TH ST N PO BOX 242 STILLWATER MN 55082 $ $ - 28.030.20.44.0027 PO BOX 990 MINNEAPOLIS MN 55440 $ $ - 110 PINE ST E 28.030.20.44.0028 620 PINE ST W STILLWATER MN 55082 $ $ 4,745.25 123 PINE ST E 28.030.20.44.0031 516 2ND ST S STILLWATER MN 55082 $ $ 9,490.50 516 2ND ST S 28.030.20.44.0032 620 PINE ST W STILLWATER MN 55082 $ 4,733.00 $ 14,223.50 518 2ND ST S 28.030.20.44.0033 520 2ND ST S STILLWATER MN 55082 $ 4,745.25 520 2ND ST S 28.030.20.44.0047 2100 OLENE AVE N STILLWATER MN 55082 $ - $ 5,694.30 206 WALNUT ST E 28.030.20.44.0048 1201 W WILLARD ST STILLWATER MN 55082 $ $ 17,082.90 517 2ND ST S 28.030.20.44.0049 509 2ND ST S STILLWATER MN 55082 $ $ 13,286.70 509 2ND ST S 28.030.20.44.0050 207 PINE ST E STILLWATER MN 55082 $ $ 4,745.25 207 PINE ST E 28.030.20.44.0074 206 LOCUST ST E STILLWATER MN 55082 $ $ - 206 LOCUST ST E 28.030.20.44.0075 205 WALNUT ST E STILLWATER MN 55082 $ $ 4,745.25 205 WALNUT ST E 28.030.20.44.0096 216 4TH ST N PO BOX 242 STILLWATER MN 55082 $ $ - 207 NELSON ST 28.030.20.44.0102 611 S 3RD ST STILLWATER MN 55082 $ $ 611 3RD ST S 28.030.20.44.0104 322 BROADWAY ST S # 1 STILLWATER MN 55082 $ $ 419 2ND ST S 29.030.20.11.0058 1303 WILLARD ST W STILLWATER MN 55082 $ $ 12,000.00 1303 WILLARD ST W 29.030.20.44.0092 506 CENTER ST S STILLWATER MN 55082 $ 4,733.00 $ 10,733.00 506 CENTER ST S 10/10/2024 Final Assessment Roll Term: 5yrs less than $3,000 2024 Street Rehabilitation Project 10yrs $3,001 - $10,000 Project 2024-02, LI441 15yrs if over $10,000 Interest Rate: 4.26% RECONSTRUCTION GEO STREET CITY WATER SERVICE ASMT TOTAL ASMT Property Address 31.030.20.33.0003 PO BOX 16115 ST LOUIS PARK MN 55416 $ $ 31.030.20.34.0002 PO BOX 16115 ST LOUIS PARK MN 55416 $ $ - 12239 62ND ST N 33.030.20.22.0005 701 GREELEY ST S STILLWATER MN 55082 $ $ 4,250.00 701 GREELEY ST S 33.030.20.22.0008 824 GREELEY ST S STILLWATER MN 55082 $ $ 10,250.00 824 GREELEY ST S 33.030.20.22.0009 828 GREELEY ST S STILLWATER MN 55082 $ $ 1,264.74 828 GREELEY ST S 33.030.20.22.0010 906 GREELEY ST S STILLWATER MN 55082 $ $ 1,264.74 906 GREELEY ST S 33.030.20.22.0011 914 GREELEY ST S STILLWATER MN 55082 $ $ 1,264.74 914 GREELEY ST S 33.030.20.22.0012 1835 NORTHWESTERN AVE S BOX 1 STILLWATER MN 55082 $ $ 1,264.74 920 GREELEY ST S 33.030.20.22.0013 2012 W LAKE OF THE ISLES PKY MINNEAPOLIS MN 55405 $ $ 1,264.74 928 GREELEY ST S 33.030.20.22.0016 216 4TH ST N PO BOX 242 STILLWATER MN 55082 $ $ - 33.030.20.22.0018 216 4TH ST N PO BOX 242 STILLWATER MN 55082 $ $ - 33.030.20.22.0024 927 CHURCHILL ST W STILLWATER MN 55082 $ $ 10,231.25 939 CHURCHILL ST W 33.030.20.22.0027 927 CHURCHILL ST W STILLWATER MN 55082 $ $ 14,733.00 33.030.20.22.0031 927 CHURCHILL ST W STILLWATER MN 55082 $ $ 19,644.00 33.030.20.22.0032 1115 W WILLARD ST STILLWATER MN 55082 $ 4,733.00 $ 16,733.00 1115 WILLARD ST W 33.030.20.22.0033 1109 WILLARD ST W STILLWATER MN 55082 $ 4,733.00 $ 16,733.00 1109 WILLARD ST W 33.030.20.22.0035 1201 W WILLARD ST STILLWATER MN 55082 $ 4,733.00 $ 16,733.00 1201 WILLARD ST W 33.030.20.22.0036 1219 WILLARD ST W STILLWATER MN 55082 $ $ 12,000.00 1219 WILLARD ST W 33.030.20.22.0037 720 GREELEY ST S STILLWATER MN 55082 $ 4,733.00 $ 16,733.00 720 GREELEY ST S 33.030.20.22.0038 1019 WILLARD ST W STILLWATER MN 55082 $ 4,733.00 $ 10,733.00 1019 WILLARD ST W 33.030.20.22.0040 1005 WILLARD ST W STILLWATER MN 55082 $ - $ 4,250.00 1005 WILLARD ST W 33.030.20.22.0041 710 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 710 GREELEY ST S 33.030.20.22.0042 716 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 716 GREELEY ST S 33.030.20.22.0043 1006 ABBOTT ST W STILLWATER MN 55082 $ $ 8,500.00 1006 ABBOTT ST W 33.030.20.22.0044 806 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 806 GREELEY ST S 33.030.20.22.0045 1015 ABBOTT ST W STILLWATER MN 55082 $ $ 12,000.00 1015 ABBOTT ST W 33.030.20.22.0046 1017 ABBOTT ST W STILLWATER MN 55082 $ $ 12,000.00 1017 ABBOTT ST W 33.030.20.22.0051 724 OWENS ST S STILLWATER MN 55082 $ $ - 33.030.20.22.0052 724 OWENS ST S STILLWATER MN 55082 $ $ 12,000.00 724 OWENS ST S 33.030.20.22.0053 720 OWENS ST S STILLWATER MN 55082 $ 4,733.00 $ 14,733.00 720 OWENS ST S 33.030.20.22.0054 855 EAGLE RIDGE LN STILLWATER MN 55082 $ 4,733.00 $ 16,733.00 716 OWENS ST S 33.030.20.22.0055 10543 NOBLE CIR N BROOKLYN PARK MN 55443 $ - $ 8,500.00 711 GREELEY ST S 33.030.20.22.0056 715 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 715 GREELEY ST S 33.030.20.22.0057 717 GREELEY ST S STILLWATER MN 55082 $ $ 8,500.00 717 GREELEY ST S 33.030.20.22.0058 721 GREELEY ST S STILLWATER MN 55082 $ $ 4,250.00 721 GREELEY ST S 33.030.20.22.0059 1031 ABBOTT ST W STILLWATER MN 55082 $ 7,233.00 $ 19,233.00 1027 ABBOTT ST W 33.030.20.22.0060 1031 ABBOTT ST W STILLWATER MN 55082 $ - $ 12,000.00 1031 ABBOTT ST W 33.030.20.22.0061 1014 GREELEY ST S STILLWATER MN 55082 $ $ 1,264.74 1014 GREELEY ST S 33.030.20.23.0002 927 CHURCHILL ST W STILLWATER MN 55082 $ $ 50,747.00 33.030.20.23.0004 56 BROADWAY AVE E # 200 FOREST LAKE MN 55025 $ $ 20,000.00 1451 GREELEY ST S 33.030.20.23.0006 9207 SAINT CROIX TR N STILLWATER MN 55082 $ $ - 33.030.20.23.0007 10810 121ST ST N STILLWATER MN 55082 $ $ 4,000.00 1315 GREELEY ST S 33.030.20.23.0008 10810 121ST ST N STILLWATER MN 55082 $ $ 4,000.00 1311 GREELEY ST S 33.030.20.23.0009 10810 121ST ST N STILLWATER MN 55082 $ $ 4,000.00 1309 GREELEY ST S 33.030.20.23.0012 10810 121ST ST N STILLWATER MN 55082 $ $ 3,035.38 1504 GREELEY ST S 33.030.20.23.0013 4725 EXCELSIOR BLVD SUITE 300 MINNEAPOLIS MN 55416 $ $ 11,250.00 1410 GREELEY ST S 33.030.20.23.0014 1216 4TH ST N PO BOX 242 ISTILLWATER MN 55082 1 $ 1208 GREELEY ST S 10/10/2024 2024'' STREET PROJEC SSESSMENT HEARING +� � STILLWA R TOWNSHIP u 1 . � 64 Adeline Green 1 Eben Green Eben Ct. Eben Way Newman Trail !/ _ Liberty Ave. ' Liberty Pkwy Heritage Ct. Kinship Green N � jy Homestead Green Homeward Way PR Country Rd. Harvest Green i �+ O /f Heritage Ave. , v r• Planting Green Tending Green Farm Hill Green Rd. 1- Greeley Street S Lake Street W Abbott St W Owens St S Willard St W Center St S 2nd Street U 62nd Street ss m IV 0 L 1 7V (�S, �Iwa..,- tei OL 2024 Street Projects January 2024 Mill & Overlay Reconstruct 5,000 FeeAN= Mile 0.95 04 PROPOSED IMPROVEMENT SCHEDULE Authorization of Feasibility Study Neighborhood Meetings Feasibility Study Public Hearing/Order Improvements, Approve Plans and Specs/Authorize Biding Bid Opening Award Contract Construction Assessment Hearing July, 2023 Nov./Dec., 2023 February 6, 2024 February 20, 2024 March 28, 2024 April 3, 2024 May -October, 2024 October, 2024 PROJECT UPDATE 10 properties on the project .52 miles of street work 1.27 miles of reconstruct 2.25 miles of mill and overlay As of 10/15/24 about 85% of the work is completed. Major remaining items are scheduled: Install concrete curb and gutter on 2nd Street and on the streets west of Greely Street the Week of 10/14 Lay the base layer of pavement on 2nd Street and streets west of Greeley the week of 10/21. Start the restoration work after laying the base layer of pavement on the streets west of Greeley and 2nd Street Lay the second layer of pavement on 2nd Street and the Street S West of Greeley Street in the spring of 2025 Punch list items to be finished Spring/early summer of 2025 PROJECT COSTS onstruction Costs Engineering/Admin. Total Project Costs $3,053,658 $ 386,196 $3,439,854 AVAILABLE FUNDING State Aid Funding City Bonding Assessments Water Utility Funding Available Funding $ 900,000 $ 970,000 $1,581,318 $ 70,000 $3,521,318 Preliminary and Final Unit Assessment Comparison Calculated Calculated Construction Type Preliminary Final Assessment Appraised Benefit Value Assessment Type Assess Units Assessment Rate* Mill and Overlay— Liberty Area $3,550.00 $4,096.00 $4,000.00 Unit 191 Mill and Overlay —Liberty Area- City $36.50 $41.10 LF of Stillwater Reconstruction West Of Greeley $11,913.00 $14,717.00 $12,000.00 Unit 17.5 Street Reconstruction 2nd Street $8,750.00 $9,490.00 $10,000.00 Unit 9.8 Reconstruction Greeley Street - $8,598.00 $9,869.00 $8,500.00 Unit 23 Myrtle St. to Churchill St. Reconstruction Greeley Street - $87.50 $99.95 LF Myrtle St. to Churchill St.- Linear foot Mill & Overlay Greeley Street - $1,550.00 $15264.00 $4,000.00 Unit 91 Churchill Street to Orleans Street W Mill & Overlay Greeley Street - Churchill Street to Orleans Street W- $75.00 $81.85 LF Linear foot Water services $5,133.00 $4,733.00 Unit 12 Total Assessment $1,581,318 City Funding $1,858,536 Total Street Improvement $3,439,854 The assessments areAppped by the actual benefit the project would provide to the properti ASSESSMENT METHOD Unit method is used for all residential properties Residential corner lots are assessed at 0.5 unit per side improved Commercial properties are assessed per lineal foot of frontage according to city policy. Apartment and Multifamily buildings are assessed at 0.8 per unit according to city policy House apartments are assessed at extra 0.2 per unit for each extra apartment Ilwate 2nd St - Street Assessment Hearing October 2024 Assessment 0.5 Unit Tedd, w Y y.. •� � 1+.02 Unit Bear Park F11 1.0 Unit Street Project Type M Reconstruction 4 IN, $17,082 N _ _ { BndgeJfew Ile N .I. � 515 cy 9 518 5 $5,694 . ti5%reetEa a• Wa��U y s y rx t C^ " USYSL�eet,E - $9,490 10 4f A F .. ' r 5«ee. r,, ' s ` <'' _ '*j ,Park Willard Street West Willard Street East, 3 dw— i T Feet (� E r' 1 0 240 s Il_ Greeley St (North Section)- Street Assessment Hearing October 2024 771 Assessment 0.5 Unit 1.0 Unit .*r - Myrtle "Street Lineal Feet $99-95 /f t 813 City Property � Street Project Type tl 125 Reconstruction Ramsey Street West % 212 rOliue Street`West .. n 305 ��' S r y p Oak Street West L _ 404 t 401 cn rn —t - -� - a 410112 407 rn rn = n 424 c, 419 $8,500 ILI N c - v �•� j m 426 d _ _ t 1006 1 p Pine Street West 504 d 917 510 518 930 W, -Willa Street West 1005 701 $43250 ,. �. r. 710 711 _ ,: Y71 1 =h 716 717 1006 721 :Abbott Street West w Lr � • Washington rn Lake'•Street West - $cjuare y t 9 824 Park« -} 1 w Y - - Feet w�E -- _ _ 0 410 s Ilware� Greeley St (South Section) - Street Assessment Hearing October 2024 1 c a $13264 828 906 914 920 928 1014 Lily Lake Park 1410 1504 A* - 1461 Abaott Street Wesi Assessment . L 0.8 Unit JVashington "r 1.0 Unit 3qu��are Park Lineal Feet ' City Property Churct Street Project Type Mill & Overlay - C Anderson Street West 81.85 /ft $1,011.2/unit maxed @ Appraised Benefit J1 Feet (. 0 380 ]]ware Liberty - Street Assessment Hearing October 2024 Place r, �8 thej�ord R. ASSeSSlllent ' "Hollow �86? 0.5 Unit 290 ,, `� Nt ,.M 1.0 Unit 296 o ' 3�`' I `i;,S e: City Property ,• 300 293 3^ w 3664 n y`0g Green 303 3 3y0 P? h A, a 316 319 S7� O d��� So�S M A r M M 326 325 0 336 331 404 b09� h. M M lo 74, 337 41 p0� A15 Rs Tenth ' 3 a 3 6 410 ` % n9 Green 46 Qe 43 428 419 421 tR. .1� soh tit`i '749 q ov` 4y0 a 444 M O cod^ G 4�7 +?44S0 Qp) 9�' mat FY 4j1 y ^a 4564 4Sj 490 �R ��$4,000 ', 455 w w 488 487 S7? ti v N os1 S00 M 4^cb Heritage s "Illy o o 0 Square e�%LrtyAvenuePark oo 3y° Si2 3330 'Sb h 3605 518 535 0 ,yp� 3314 W 524 63 613 to M N In Iq N 3615 530 543 614 625 ID w M M M 5$6 �t 635 602 N N u�i f Ssy�y °b �bIb �d - y$S 6°'� 645 6 g t 626 5 520 �f yti 'r o / % 55 660 -011 y 638 641 530�V 535 sS 565 650 5 650 657 540�n; 545 2 w �Oh !6 72 E, 662 673 550 11w 565 , Ls 674 J 'b c, - 0 5 n 3675 m �S >S�,S y� 590 A 12 °n G�� +n u� u> 735 w N O m tP M T M M m M Ln w _ ti 3655 M to 745 :i $2900 0 Feet w 0 0 430 �7 j s PAYMENT INFORMATION Pay partial or whole amount by November 15.,2024 Balance as of November 16.,2024 added to tax statement at 4.26% interest rate Payment term: 5 years for assessments less than$3,000, 10 years for assessments between $3,000-$] 0,000, and 15 years for assessments over $10,000 $10,000 ASSESSMENT- 4.26% SIMPLE INTEREST, I O-YEAR TERM 1 $101000 $426*00 $1,426 2 $91000 6 $5000 10 $11000 $383940 $213.00 $42 * 60 $11383940 $11213*00 $11042*60 RECOMMENDATIONS Conduct Public Hearing on the proposed assessments Adopt final assessment roll y i water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Assessment of 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 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. The City, as well as Waste Management for trash service, has provided notice to the affected property owners stating failure to pay will result in the delinquent balance being assessed against their property. Property owners will have until November 15t" to pay. After which any balance remaining will be sent to the County as a special assessment again the lands. The assessment period is 1 year at an interest rate of 10%. RECOMMENDATION Staff recommends that Council hold the public hearing and adopt the proposed assessments for delinquent abatement cleanup fees, delinquent administrative citation fees and delinquent solid waste fees. ACTION REQUESTED If Council concurs with the recommendation, they should make a motion to approve the following resolutions: 1. Resolution Adopting Assessment for Delinquent Abatement Cleanup Fees, L.I. 040. 2. Resolution Adopting Assessment for Delinquent Administrative Citation Fees, L.I. 006. 3. Resolution Adopting Assessment for Delinquent Solid Waste Fees, L.I. 002. Beth Wolf From: Nathan Landucci <landucnl@gmail.com> Sent: Tuesday, October 15, 2024 4:49 PM To: Stillwater; Planning Dept; Ben Gutknecht Subject: Fwd: Citation Assessment Update Attachments: NOTICE - Mailing Affidavit - Admin Citation Assessments L.I. #006 _ 20240925.pdf [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. Hello Ben, Regarding the citations relating to 107 3rd St. N., Stillwater I "object to the assessment of the citation". I am currently the sole owner of Brown's Creek West LLC. Nathan Landucci Landucci Companies 651-894-2582 ---------- Forwarded message --------- From: Ben Gutknecht <bgutknecht@stillwatermn.gov> Date: Tue, Oct 15, 2024 at 3:26 PM Subject: Citation Assessment Update To: Nathan Landucci < landucnl@gmail.com> Good afternoon Nathan, While I don't have any answer to your question on waiving the assessment — I did want to remind you that you that if you do object to the assessment and will not be attending the meeting tonight, you must send staff this in writing by tonight's meeting. This is the first step to appealing the assessment per the information you received on the back of the notice that was sent to you (also attached to this email). You can simply send an email to stillwater@stillwatermn.gov and planningdept@stillwatermn.gov saying that you "object to the assessment of the citation". Again, this must be done today to begin the appeal process. Ben Gutknecht W roe a_2nr•aae• of ■eaassarh Planning Manager City of Stillwater bgutknecht@stillwatermn.gov www.stillwatermn. P: 651-430-8818 City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT ABATEMENT CLEANUP FEES, L.I. 040 WHEREAS, the City of Stillwater has caused Abatement Cleanup Fees for certain properties within the City from July 1, 2023 to June 30, 2024 under the authority Minnesota Statutes Section 429; and WHEREAS, an assessment roll for unpaid accounts, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where fees are to be assessed to each property and certified to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. The special assessment roll of Abatement Cleanup Fees incurred from July 1, 2023 to June 30, 2024 is hereby adopted and certified as L.I. 040. 2. The special assessments as adopted shall be payable with ad valorem taxes in 2025, in one annual installment with interest thereon at 10% per annum and shall bear interest on the entire assessment from the date of the adoption of this assessment resolution. 3. Property owners may at any time prior to sending of the assessment to the County Auditor make a whole or partial payment without any additional interest to the City of Stillwater. If payment is not received by November 15, 2024, the assessment will be collected with the property taxes that are paid to Washington County. Adopted by the Stillwater City Council this 15' day of October, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 2024 Assessment of Delinquent Clean Up Services For Collection with the 2025 Property Taxes L.I. Project #040 Term: 1 Year, Interest Rate: 10% CERTIFICATION PID AMOUNT 28.030.20.32.0070 230.00 29.030.20.34.0085 230.00 29.030.20.34.0018 795.00 33.030.20.22.0055 230.00 33.030.20.11.0072 540.00 TOTAL: $ 2,025.00 City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT ADMINISTRATIVE CITATION FEES, L.I. 006 WHEREAS, the City of Stillwater has caused Administrative Citation Fees for certain properties within the City from May 1, 2023 to August 30, 2024 under the authority of City Code Section 2-235 Subd. 3 and Minnesota Statutes Section 429; and WHEREAS, an assessment roll for unpaid accounts, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where fees are to be assessed to each property and certified to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. The special assessment roll of Administrative Citation Fees incurred from May 1, 2023 to August 30, 2024 is hereby adopted and certified as L.I. 006. 2. The special assessments as adopted shall be payable with ad valorem taxes in 2025, in one annual installment with interest thereon at 10% per annum and shall bear interest on the entire assessment from the date of the adoption of this assessment resolution. 3. Property owners may at any time prior to sending of the assessment to the County Auditor make a whole or partial payment without any additional interest to the City of Stillwater. If payment is not received by November 15, 2024, the assessment will be collected with the property taxes that are paid to Washington County. Adopted by the Stillwater City Council this 15t" day of October, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater 2024 Certification of Delinquent Administrative Citations For Collection with the 2025 Property Taxes L.I. Project #006 Term: 1 Year Rate 10% PID Certification Amount 2803020410029 4,000.00 2903020440053 200.00 2803020230036 500.00 2103020130062 1,000.00 3303020220055 1,400.00 2803020230049 400.00 2803020120055 100.00 3303020210072 250.00 2803020420183 3,000.00 Total: $ 10,850.00 City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT SOLID WASTE FEES, L.I. 002 WHEREAS, the City of Stillwater has caused Solid Waste Fees for certain properties within the City from July 1, 2023 to June 30, 2024 under the authority of Minnesota Statutes Section 443.015; and WHEREAS, an assessment roll for unpaid accounts, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where fees are to be assessed to each property and certified to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. The special assessment roll of Solid Waste Fees incurred from July 1, 2023 to June 30, 2024 is hereby adopted and certified as L.I. 002. 2. The special assessments as adopted shall be payable with ad valorem taxes in 2025, in one annual installment with interest thereon at 10% per annum and shall bear interest on the entire assessment from the date of the adoption of this assessment resolution. 3. Property owners may at any time prior to sending of the assessment to the County Auditor make a whole or partial payment without any additional interest to the City of Stillwater. If payment is not received by November 15, 2024, the assessment will be collected with the property taxes that are paid to Washington County. Adopted by the Stillwater City Council this 15' day of October, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 2024 Assessment of Delinquent Solid Waste Fees for Collection with the 2025 Property Taxes L.I. Project #002 Term: 1 Year, Interest Rate: 10% Parcel ID Amount 1903020320032 $216.44 1903020320043 $413.08 2003020410012 $130.35 2003020440013 $660.36 2103020120007 $142.86 2103020340033 $129.30 2103020340156 $349.26 2803020130096 $126.26 2803020130127 $68.13 2803020210126 $294.27 2803020220033 $238.82 2803020220076 $438.21 2803020230082 $149.13 2803020240067 $130.22 2803020320080 $102.07 2803020320150 $88.27 2803020340118 $402.30 2803020420134 $402.30 2903020320019 $205.68 2903020340002 $308.34 2903020340100 $378.66 2903020410005 $261.81 2903020410008 $200.79 2903020430016 $212.40 3103020110016 $195.82 3203020220078 $543.86 3203020220105 $668.91 3303020120014 $90.65 3303020120080 $188.24 3303020130026 $563.31 3303020140003 $90.45 3303020140101 $120.68 3303020210002 $107.07 3303020320012 $83.27 3303020320033 $261.81 1903020120034 $329.00 1903020130008 $126.26 1903020140041 $581.30 1903020220011 $624.93 1903020310038 $100.69 1903020320047 $375.69 Parcel ID Amount 1903020320057 $207.97 1903020340017 $608.01 1903020340018 $393.71 1903020340032 $603.88 1903020340034 $405.15 1903020340044 $332.77 1903020340055 $126.26 1903020340060 $596.27 1903020410009 $104.33 1903020420011 $580.54 1903020440061 $100.27 2003010130012 $131.26 2003020210015 $624.93 2003020210020 $490.74 2003020210048 $308.36 2003020210050 $351.89 2003020220052 $479.10 2003020240009 $603.88 2003020240032 $501.92 2003020330070 $274.82 2003020330071 $219.96 2003020340006 $132.31 2003020340009 $329.93 2003020440002 $516.54 2103020130020 $385.94 2103020130041 $405.88 2103020130053 $405.88 2103020130056 $490.74 2103020140033 $526.46 2103020330002 $610.07 2103020330012 $399.98 2103020330056 $332.57 2103020330079 $102.07 2103020330083 $489.92 2103020340011 $270.49 2103020340028 $126.26 2103020340076 $489.92 2103020340085 $29.25 2103020340144 $624.93 2103020340158 $624.93 2103020420007 $610.07 Parcel ID Amount 2103020420009 $624.93 2103020430045 $302.35 2103020430046 $88.08 2103020430054 $620.82 2103020430062 $102.07 2103020430106 $613.63 2803020120042 $402.30 2803020120078 $603.88 2803020120115 $127.66 2803020120294 $415.06 2803020130083 $109.49 2803020210023 $540.17 2803020210029 $381.54 2803020210056 $479.20 2803020210072 $450.72 2803020210077 $416.08 2803020210078 $102.07 2803020210088 $174.89 2803020210107 $609.88 2803020210109 $603.88 2803020210128 $57.63 2803020220016 $178.24 2803020220026 $501.99 2803020220043 $603.88 2803020220092 $490.74 2803020220095 $205.92 2803020230015 $618.38 2803020230034 $603.88 2803020230126 $490.74 2803020230133 $589.12 2803020240015 $145.26 2803020240047 $490.74 2803020240070 $215.66 2803020240083 $268.60 2803020240091 $490.74 2803020240111 $489.92 2803020310018 $532.13 2803020310031 $504.21 2803020310043 $328.25 2803020310049 $88.27 2803020310088 $1,585.17 Parcel ID Amount 2803020310108 $100.33 2803020310132 $462.94 2803020310135 $217.40 2803020320002 $489.92 2803020320006 $102.07 2803020320058 $490.74 2803020320067 $480.13 2803020320075 $603.88 2803020320085 $221.00 2803020320086 $610.07 2803020330022 $225.65 2803020330051 $596.27 2803020330074 $490.74 2803020330100 $843.42 2803020340004 $184.91 2803020420070 $490.74 2803020420118 $610.07 2803020420133 $489.92 2803020430059 $490.74 2803020440028 $160.12 2803020440071 $648.03 2903020110057 $453.60 2903020140066 $405.88 2903020240041 $143.13 2903020240050 $634.71 2903020320044 $259.56 2903020320080 $403.56 2903020320083 $140.94 2903020330010 $603.88 2903020330048 $302.35 2903020340018 $278.54 2903020340020 $489.92 2903020340031 $558.41 2903020340034 $394.72 2903020340035 $333.39 2903020410036 $81.62 2903020410039 $215.31 2903020410051 $580.75 2903020410087 $402.30 2903020410092 $596.27 2903020410105 $489.92 2903020410118 $212.40 2903020420011 $490.74 Parcel ID Amount 2903020430020 $490.74 2903020430026 $408.18 2903020430030 $490.74 2903020430041 $504.21 2903020430062 $603.88 2903020430072 $580.75 2903020440020 $489.92 2903020440055 $494.95 2903020440114 $603.88 2903020440116 $610.07 2903020440120 $475.47 3003020140002 $265.56 3003020330034 $446.97 3003020340050 $135.65 3003020410006 $582.12 3003020410007 $389.50 3003020410022 $265.56 3003020430002 $407.60 3003020440002 $960.14 3003020440021 $17.40 3003020440032 $152.06 3003020440035 $266.61 3003020440051 $173.80 3103020110011 $129.30 3103020110059 $333.39 3103020110085 $520.49 3103020110090 $319.72 3103020110098 $490.74 3103020120020 $104.82 3103020140008 $216.70 3103020140014 $398.76 3103020140020 $265.56 3103020140038 $369.57 3103020140068 $543.86 3103020210038 $102.07 3103020220005 $102.07 3103020220041 $299.50 3103020230004 $465.28 3103020240061 $126.26 3103020310064 $470.04 3103020310080 $254.82 3103020410021 $215.51 3103020430006 $100.33 Parcel ID Amount 3203020110017 $290.52 3203020120011 $220.66 3203020120058 $431.61 3203020130006 $107.07 3203020130032 $422.80 3203020130035 $100.33 3203020130066 $129.30 3203020130087 $489.92 3203020130095 $489.92 3203020130097 $490.74 3203020140008 $495.72 3203020140015 $109.61 3203020140090 $478.45 3203020210043 $405.88 3203020210091 $405.15 3203020210093 $405.88 3203020210094 $489.92 3203020210098 $512.45 3203020220012 $624.93 3203020220035 $402.30 3203020220085 $675.08 3203020220095 $610.07 3203020230046 $403.96 3203020240050 $145.15 3203020240066 $205.68 3303020110013 $603.88 3303020110015 $186.08 3303020110038 $659.22 3303020110044 $265.56 3303020110048 $212.40 3303020110081 $435.96 3303020110086 $489.92 3303020110111 $489.92 3303020110112 $159.89 3303020110132 $124.30 3303020110134 $593.87 3303020120017 $217.61 3303020120029 $107.07 3303020120035 $349.48 3303020120039 $603.88 3303020120099 $279.53 3303020120109 $176.58 3303020120113 $476.17 Parcel ID Amount 3303020120131 $408.17 3303020130002 $225.05 3303020130045 $624.93 3303020130061 $490.74 3303020140015 $603.88 3303020140022 $573.89 3303020140025 $295.76 3303020140071 $489.92 3303020140085 $129.63 3303020140111 $452.69 3303020140118 $95.67 3303020140128 $405.88 3303020140132 $633.62 3303020210019 $89.34 3303020210041 $504.21 3303020210042 $312.86 3303020210055 $88.27 3303020210116 $329.93 3303020210123 $465.28 3303020230008 $3,616.80 3303020230012 $1,341.26 3303020240012 $338.82 3303020240021 $102.07 3303020240027 $555.60 3303020310026 $405.15 3303020310079 $438.50 3303020320009 $648.03 3403020230023 $413.27 3403020230037 $287.50 3403020230038 $559.94 3403020230047 $100.33 3403020230090 $490.74 Total $109,917.27 i water THE BIRTHPLACE OF MINNESOTA DATE: October 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Fee Schedule Amendment for On -Sale Liquor License Fee Increase BACKGROUND At the September 17, 2024 Council meeting, City Council approved the 2025 budget which included increasing only the On -Sale Intoxicating liquor license fees from $2,887.50 to $3,200 beginning January 1, 2025. There are 40 businesses that currently have an on -sale license and 2 business have a micro distiller cocktail room on -sale license that will be affected by this fee increase. Other on -sale licenses such as Club On -sale and Brewers Tap Room On -sale are set at a different rate and won't be affected by this increase. Any increase to a liquor license fee requires a public hearing per Minnesota Statute 304A.408 Subd. 3a and the City Fee Schedule needs to be amended. The 1st reading of the ordinance was held at the last Council meeting on October 1st and the public hearing will occur with the 2nd reading on October 15, 2024. Businesses have been notified of the hearing and the hearing notice has been published in the Gazette. RECOMMENDATION Staff recommends holding the public hearing and approving the 2nd reading of the Ordinance amending the Fee Schedule. ACTION REQUESTED If Council concurs with staff recommendation, they should pass a motion approving the 2nd reading of the Ordinance amending the Fee Schedule increasing the fee for an On - Sale Liquor License. City of Stillwater Washington County, Minnesota ORDINANCE xxxx AN ORDINANCE AMENDING THE CITY OF STILLWATER 2024 FEE SCHEDULE The City Council of the City of Stillwater does ordain: SECTION 1 The following fees are hereby revised by ordinance: a) III. BUSINESS LICENSING FEES. Increase On -Sale Intoxicating Liquor License fees as follows: Alcohol Licenses On -Sale $9 3 200 Micro Distiller Cocktail Room On -Sale 3 200 SECTION 2 UNCODIFIED. This ordinance shall not be codified in the Stillwater City Code but fees will be included in the City's adopted 2025 Fee Schedule. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amends on -sale intoxicating liquor license fees. The ordinance will not be codified in the City Code but the fees will be listed in the City's Fee Schedule. SECTION 4 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of 2024. CITY OF STILLWATER Ted Kozlowski, Mayor /_r1111143 1 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 October 15, 2024 - 9:00 AM All listed times are approximate. Board Workshops will start immediately following the conclusion of the Board meeting. 1. 8:15 Board Workshop with Administration A. Review Citizen Boards, Commissions and Committee Reappointments for 2025 2. 9:00 Roll Call Pledge of Allegiance 3. 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. 4. 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 September 24, 2024, and October 1, 2024, County Board meeting minutes. B. Approval to set a public hearing for November 19, 2024, to consider revisions to Washington County's 2025 Fee Schedule, Policy No. 1032. C. Approval to set a public hearing for November 19, 2024, to review the 2025-2029 Washington County Capital Improvement Plan (CIP) and receive public comment. D. Approval of 1.0 FTE Special Project Division Manager in the Community Corrections Department. E. Approve Contract No. 16886 with CareerLabsVR in an amount of $9,600 for a term of November 1, 2024, through October 31, 2025. F. Approve Agreement No. 16883 between Washington County and the City of Cottage Grove Police Department in the amount of $171,750 for the period of October 21, 2024 through December 31, 2025. G. Approval to modify Human Resources Policy #5008 - Respectful Workplace. H. Approval to modify Personnel Rules and Regulations, Section #4 - Employment Status. I. Approval to delete Human Resources Policy #5006 - Reclassification Requests. 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 Washing ton CountyConsent Calendar continued J. Approval to modify Human Resources Policy #5022 - Personnel Committee of the Board. K. Approval to modify Personnel Rules and Regulations, Section #3 - Classification Plan. L. Adopt and implement the 2025-2028 multiyear health plan agreement with HealthPartners. M. Approve Amendment No. 5 with NEOGOV (formerly High Line Software, Inc.) in the amount of $173,572.00 for the period of November 1, 2024, to October 31, 2025. N. Approve Purchase Order No. 27550 with Insight Public Sector Inc. in the amount of $697,714.56 for the VMware Cloud Foundation license for up to 3 years. O. Adopt a resolution reappointing Lisa Young as County Assessor for Washington County for a term beginning January 1, 2025, and ending December 31, 2028. P. Approval of Grant Agreement No. 16887 with Minnesota Department of Health for the Federal Title V, Maternal and Child Health Block Grant in the amount of $165,235 annually, for the period of October 1, 2024, through September 30, 2029. Q. Approve Joint Powers Agreement No. 16834 with Dakota County for the amount of $41,300, for the period the date the last party hereto executes this Agreement through June 30, 2026. R. Adopt a resolution certifying to the county auditor unpaid County Environmental Charges (CEC) and order the county auditor to extend the assessments with interest upon the tax rolls of the county. S. Approve Contract No. 16860 with Prescription Landscape Inc. for $371,695.94 for parking lot and sidewalk snow removal in Zones 1, 2, and 3 (Stillwater Campus, Central, and Northern County facilities). T. Approve Contract No. 16861 with Titan Companies for $65,987.01 for parking lot and sidewalk snow removal in Zone 4 (Cottage Grove Service Center, Park Grove Library, and Newport Transit Center). U. Adopt a resolution to acquire right-of-way (permanent and temporary), drainage and utility easements for the construction of a grade separated interchange at County State Aid Highway (CSAH) 17 (Lake Elmo Avenue) and Trunk Highway (TH) 36. V. Approve Amendment No. 1 to extend Lease Agreement No. 15143 with Scott and Moira Schomburg for county -owned house located at 15330 Afton Hills Court South, Afton, MN. 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 Washin on ti County Consent Calendar continued W. Approve Metropolitan Council bond grant agreements between the Metropolitan Council and Washington County for Metropolitan Council Bond Grant Agreement SG-24P2-10-04 in the amount of $113,145.46 for Square Lake Special Recreation Feature Park Improvements. X. Approve Metropolitan Council bond grant agreements between the Metropolitan Council and Washington County for Metropolitan Council Bond Grant Agreement SG-24P2-10-03 in the amount of $400,000 for improvements to the Hilltop Area at St. Croix Bluffs Regional Park. Y. Approve Grant Agreement No. 16880 with the Minnesota Department of Public Safety, Homeland Security and Emergency Management Division, in the amount of $116,794 for the 2023 Emergency Management Performance Grant Program. Z. Approve Joint Powers Agreement No. 16881 between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension, and the Washington County Drug Task Force for participation in the Minnesota Anti -Heroin Task Force Program. AA. Approve Amendment No. 2 to Contract No. 13501 with Securus Technologies LLC for professional services to provide the Securus Text Connect Application. 9:10 Public Health and Environment - Rolando Vera, Sr. Program Manager of Nursing Services A. Opioid Settlement Funding Awards 6. 9:30 Public Works - A) Greg Miller, Building Services Project Manager B) Mandy Leonard, Sr. Building Services Project Manager A. 1. Approve Contract No. 16928 with Modern Piping, Inc. in the amount of $357,600 for the Combined Mechanical Scope of Work for LEC Remodel Phase 2. 2. Approve Contract No. 16929 with Medina Electric, LLC in the amount of $1,396,944 for the Electrical Scope of Work for LEC Remodel Phase 2. B. Approve Contract No. 16864 in the amount of $909,117 with Alliiance Architects for the Architectural Design and Engineering Services for the Park Grove Library Project. 10:00 General Administration - Kevin Corbid, County Administrator A. Emergency Services Housing Building Update & Funding 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 8. 10:20 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. 10:35 Board Correspondence 10. 10:35 Adjourn 11. 10:40 Board Workshop with Public Health and Environment A. Review the draft structure of a Washington County Cannabis and Lower -Potency Hemp Edibles Ordinance. 12. 11:30-11:45 Break 13. 11:45 Board Workshop with Public Works A. Workshop to provide input on Metro Transit's Network Now planning process. 14. 12:45 Finance Committee 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 BOARD WORKSHOPS October 8, 2024 - 9:00 AM 9:00 Board Workshop with Community Services - Rick Roy, Workforce and Veteran Services Division Manager A. Update on the Workforce Development Division. Board of Commissioners Fran Mixon, District 1 Chair, Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 2. 9:45 Board Workshop with Public Works and Public Health & Environment - Stephanie Souter, Sr. Health Program Manager, and Dan MacSwain, Natural Resources Coordinator II A. Review information on Aquatic Invasive Species (AIS) programming in Washington County, update on zebra mussels in Big Carnelian, and review requests related to county park boat launch management. 10:30 Break 4. 10:45 Board Workshop with Public Works - Kevin Peterson, Design Engineer A. Review a planning study to determine future needs for the Trunk Highway 95 (Manning Avenue) corridor between TH 61 and Highway 94. 11:30 Board Workshop with Administration - Emily Jorgensen, Planning Manager, and Macklyn Hutchison, Planner I A. Review recommended Performance Measures & Indicators Report. 6. 12:15 Personnel Committee Please note: No official county business or votes will take place during Workshop Only meetings. 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