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HomeMy WebLinkAbout2020-01-21 CC Agenda Packet Special with BOWC 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING January 21, 2020 SPECIAL MEETING 4:00 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Discussion on Public Works Assessment Report and Recommendations IV. RECESS REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS IX. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. X. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Director 6. Public Works Director 7. Finance Director 8. City Attorney 9. City Administrator XI. CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10. January 7, 2020 regular and closed session meeting minutes 11. Payment of Bills 12. Abatement of Special Assessments – Resolution 13. Brian’s Bocce Ball Event 14. Cleaning Services Contract Agreement 15. CPC Case No. 2019-64 Zoning Map Amendment to rezone properties located in the Heritage Ridge Development. Properties located at 602-608 Heritage Place – Ordinance 2nd Reading 16. K9 Dog Transfer of Ownership and Agreement – Resolution 17. Marylane Drainage Improvement Project Final Payment – Resolution 18. Opera on the River Event 19. Sanitary Sewer Adjustments 20. Stipulation of Settlement for 121 Chestnut Street East – Resolution 21. Amendment to Waste Management Agreement Page 2 of 2 City Council Meeting January 21, 2020 XII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 22. CPC Case No. 2020‐01. to consider an Ordinance Amendment request by the City of Stillwater to amend City Code Section 30-3. Subd. 2 (1), regarding trash container storage in residential areas. Notice was published in the Stillwater Gazette on January 10, 2020. – Ordinance 1st Reading 23. CPC Case No. 2020‐02. to consider a request by Jennifer Smittkamp, property owner, for the consideration of a Resubdivision of the property located at 703 3rd St S. Notice was published in the Stillwater Gazette on January 10, 2020. XIII. UNFINISHED BUSINESS 24. CPC Case No. 2019‐71. Valley Ridge Holdings, LLC and Gordon Skamser Jr. appeal HPC Case 2019-21 Design Permit for the modification of a multi-tenant sign plan, and CPC Case 2019-46 for a Variance to the sign code. Property located at 1400 (1570) Frontage Rd. – 2 Resolutions XIV. NEW BUSINESS 25. Lora Hotel Valet License Renewal – Resolution 26. Lift and Loop Bridge Event XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT /219,a/ai WATER DEPARTMENT ASSESSMENT Water Department Staffing (Total = 6) • Manager / Administrator • Admin Assistant / Billing Support • Foreman / Manager Back Up • 3 Cross Trained Crew Members Manager / Administrator • Manages Enterprise Business • O+M Oversight • Customer Service Oversight • Annual Budgeting and Capital Planning • Meter Reading and Billing Oversight • Engineering Oversight Active Board Members and Liaison (Volunteers) • Technical Support • Communications Support • Business Support • Efficient Monthly Meetings and On Call Services Strategic Planning • 10 Year Water Use Plan • Water Supply Feasibility Study — w/ Washington County Coalition. • Water Efficiency Study — w/ Washington County Coalition • Rate Study's • Well Head Protection Plan • Asset Management Program — Initiated • PM Program for Wells, Well Houses, Pumps, Storage Tanks/ Towers. 24/7 Coverage — On Call Off Hours and Weekends — Including vacation / holiday coverage Use of Cross Training — all can handle emergencies. All are certified water operators. Use of Technology • SCADA Control System • Remote Meter Reading from Truck Out-Source Strategy • Main Breaks — Local Contractors • Leak Detection Contract • Engineering Retainer • Control System / SCADA Contract • City IT — Business Services Support Excellent Customer Relations • Phones Answered / Quick Response/ Follow-Up • Multiple Payment Alternatives • Cost Effective Rates Good City Coordination • Human Resources / Union Management • Fire Department — Hydrant Flushing • Finance — Auditing • IT Support • Supply Water Usage Data to Public Works Sewer Program • Supply Water to Public Services — Non-Billable .fir, a • ?.'/ ►s�ii:Cp WHY CHOOSE WELCOME? How you greet your retail customers - along with your interactions with them - make lasting impressions. It's a low-cost investment you can make to improve the customer experience and yield serious results. One study shows that more than half of shoppers will return to your store because they've previously had "superior customer service." Who are your customers? Stillwater is a prime tourist destination.Which means that the people coming in your door may not look exactly like you.They may be people of color, members of the LGBTQI community, may dress differently, practice a different religion, have a physical disability, intellectual disability, autism, or dementia. Diversity makes our community great and everyone deserves the same respect and attention that you would want for yourself when you step in a business. RE COME ERE .- 4t010 y 4 - Bil ngua npIoyee tiiirer, Earn 10% More Revenue Racially Diverse Teams Outperform Non- diverse Teams by 35% 57% of Employees ifThink Their Companies Should Be More Diverse Teams Where Men and Women are Equal Earn 41% More Revenue source:clearcompany.com;accessed 10.14.19 Need support? We're here for you! f? fit 4. Si.Croix � ' , vane ce persisters fes t. Croix Valley Alliance NOW cvanow.org ,49 humanri hts scvanow or• A1DD LOOPVEN ET , , A.,.. 1 A LIFT 5 -Ma 0‘4,-,,,7;4. 6 20 x May 16th 9 11 am kit to 1 pm hands around i he loop will schedule around -11.r 11 i' ..; =--.,i e. �, lift bride schedule x -. Friday May 15th Saturday May 16th Band Stage Close-Chestnut Location- Friday rom Main St TH 95 May 15th west side o concourse by of trail crossin• - = permit or lease agreement. (road = .. ' k losure plan ,%., Y -ttached. A.4 ***- R , 0. Spaghetti Feed i�F ;' May 1 pm-8:30 pm 10Ribbon Cutting *Set up and prep 1-4 pm May 16th 10 am (320 feet of 4' x'8' tables ) *4-7:30 pm- Dinner . *7:30pm -8:30pm cleanup a *Place traffic cones to keep May 16th lam -9:30 ' `., -fight foot trail o en topublic ‘, Bevarage tent p p 0- am Pancake breakfast . May 15th - May 16th s '° \ - ti t -'s,?-)"--4 "- . 1 4" e .+ d A ya+F' xI . a\so t n2 ;�. sue' '�.a \ . ,..11 t 1t YYY��� V V - - ,kc � � 4 k City of StillwaterOrganizational AssessmentSarah McKee, Senior Vice PresidentCharlene Stevens, Senior Vice PresidentJanuary 21, 2020 Our Experience•Since 2009, GovHR USA has been providing management consulting and executive recruitment for local government.•Consultants are located in Arizona, Florida, Illinois, Indiana, Massachusetts, Michigan, Minnesota and Wisconsin, giving us national expertise and knowledge.  Scope of Services•Examine the existing Public Works Department, the Board of Water Commissioners and St. Croix Valley Recreation Center organizational structure and functions.•Determine the organizational efficiencies and capacity and explore best practice models for increasing the efficiency and effectiveness of the organizations, including the pros and cons of centralizing the responsibilities.•Identify supervisory ratios and develop recommendations for appropriate supervisory ratio based upon organizational needs and best practices.•Identify staffing levels, based on industry standards in the Public Works Department, both current and future, and develop an optimal organization chart. Recommendations –Public Works•Revise the organizational structure and span of control.•Work Assignment Efficiencies/Use of Technology.•Better Break Time Standards•Consider Contractual/Lease Services•Provide Administrative Assistance•Have a stronger presence at DPW Facility•Leadership Succession Planning Director of Public Works/City EngineerAdministrative AssistantENGINEERING DIVISIONAssistantCity Engineer (1)STREETS & UTILITIES (or INFRASTRUCTURE DIVISION)Public Works SuperintendentMaintenance Worker IVPARKS ANDFLEET DIVISION (or PARKS AND SPECIALEVENTS)Public Works SuperintendentEngineering Tech IV (1)Engineering Tech III (1)LeadWorker Utilities (1)Maintenance Worker IVLeadWorker Streets (1)LeadWorker Parks (1)LeadWorker Fleet (1)Maintenance Worker IVNotes:2 Divisions created (shown ingreen)Span of Control for Director ofPublic Works increases by1.Maintenance Workers IV & IIIwould be distributed asneeded.Seasonal Workers wouldbe distributed as needed.APPENDIXAPublic Works – Establish a Separate Engineering Division Public Works as a Separate DepartmentDirector of Public WorksAdministrative AssistantSTREETS & UTILITIES (or INFRASTRUCTUREDIVISION)Public Works SuperintendentMaintenance Worker(s) IV & IIIPARKS AND FLEET DIVISION (or PARKS AND SPECIAL EVENTS)Public Works SuperintendentLeadWorker Utilities (1)Maintenance Worker(s) IV & IIILeadWorker Streets (1)LeadWorker Parks (1)LeadWorker Fleet (1)Maintenance Worker(s) IV & IIINotes:2 Divisions created (shown ingreen)If Engineering Division is made a separate department or if it is combined with other CityDepartments, the Span of Control for the City Administrator could increase by1.Depending on how the Maintenance Workers IV & III are distributed,each Public Works Superintendent should have about the same span of control. During special events and snow operations, they will beshifted.APPENDIXB Recommendations –Water Board•Merge the Water Board functions and Water Department into the City’s Public Works Department and create a Utilities Division.•If unable to fully merge Public Works and Water Board functions, strengthen oversight and operations through:Appointing City Council as Voting Members of the Water BoardAdopting a MOU detailing shared services, required reporting and expectations.Coordinate rate studies and increases (Water and Sewer) together in order to better serve the resident.Develop a succession plan for Water Board staff andCommissioners Public Works with Engineering and Water DivisionsDirector of Public Works/City EngineerAdministrative PositionENGINEERING DIVISIONAssistant City Engineer (1)STREETS DIVISION(withsurface/storm and fleet)Streets SupervisorPARKS DIVISION (or PARKS ANDSPECIAL EVENTS)Parks SupervisorEngineering Tech IV (1)Engineering Tech III (1)LeadWorker Fleet (1)Maintenance Worker(s) IV & IIILeadWorker Streets (1)LeadWorker Parks (1)Maintenance Worker(s) IV & IIINotes:3 Divisions created (shown ingreen)Span of Control for Director ofPublic Works increases by2.Superintendent and Assistant Superintendent positions arereplaced by 3 supervisorpositions.If Fleet is kept in house, it wouldbe combined with Street otherwise it would be eliminated.Maintenance Workers IV & IIIwould be distributed asneeded.Seasonal Workers wouldbe distributed as needed.APPENDIXEUtilities SupervisorUTILITIES DIVISION(former WaterBoard combined DPWsewer function)LeadWorker Water (1)LeadWorker Sewer (1)Maintenance Worker(s) IV & IIIMaintenance Worker(s) IV & III Public Works with Water as a DivisionDirector of Public WorksAdministrative PositionSTREETS DIVISION(withsurface/storm and fleet)Streets SupervisorPARKS DIVISION (or PARKS ANDSPECIAL EVENTS)Parks SupervisorLeadWorker Fleet (1)Maintenance Worker(s)I & IIIVLeadWorker Streets (1)LeadWorker Parks (1)Maintenance Worker(s) IV & IIINotes:3 Divisions created (shown in green)If Engineering Division is made a separate department or if it is combined with other City Departments, the Span of Control for the City Administrator could increase by 1.Span of Control for Director ofPublic Works increases by 2.Superintendent and Assistant Superintendent positions are replaced by 3 supervisor positions.If Fleet is kept in house, it would be combined with Street otherwise it would be eliminated.Maintenance Workers IV & III would be distributed as needed.Seasonal Workers would be distributed as needed.APPENDIXGUtilities SupervisorUTILITIES DIVISION(former WaterBoard combined DPWsewer function)LeadWorker Water (1)LeadWorker Sewer (1)Maintenance Worker(s) IV & IIIMaintenance Worker(s) IV & III Recommendations –Parks and Recreation•Revise the organizational chart to reflect current practice of reporting through the City Administrator.•Document programs, program planning and capital planning.•Establish regular quarterly reporting on programs, operations and budget and engage the Parks Board to better connect capital planning to programming needs.•Establish a clear point of contact for maintenance and clear expectations of city maintenance services to St. Croix Valley Recreation Services.•Continue the current partnership with St. Croix Valley Recreation Services. Thank you!We have appreciated the opportunity to work with you! Page 1 LIST OF BILLS Abdullah Reabar Reimburse for CEAM membership 315.00 Advance Auto Parts Equipment repair supplies 164.35 Amdahl Locksmith Inc Chris Keys made 156.40 Aspen Mills Uniforms & supplies 653.34 Bain Audrey Refund of utility overpayment 136.12 BlueCross BlueShield of MN Inc.Retiree Health Ins 3,542.00 Board of Water Commissioners Payable 2019 WB Assessments 10,796.31 Bureau of Crim. Apprehension Terminal access charge 270.00 Burks Tree and Landscape Care Tree Care 2,197.00 CDW Government Inc.Scanner & supplies 519.83 Century Power Equipment Scraper blade 83.14 Cintas Corporation Uniforms & mat cleaning service 567.86 CM Construction Company Grading Escrow Refund 5,000.00 Comcast Internet & Cable 184.25 Compass Minerals America Inc Salt 4,605.49 Computer Integration Technologies Heirloom & Landmark Website 248.00 Dalco Janitorial supplies 819.08 DVS Renewal License renewal - tabs 827.75 ECM Publishers Publications 389.80 Enterprise FM Trust Lease vehicles 15,580.26 FleetPride Equipment repair supplies 904.91 Flexible Pipe Tool Co.Equipment repair supplies 137.95 Frontier Ag & Turf Equipment repair supplies 1,239.98 Grainger Equipment repair supplies 953.72 Guardian Supply Uniforms & supplies 477.64 Hoisington Koegler Group Inc Parking study 570.00 IDC Auotmatic PD door repairs 3,238.50 Jefferson Fire and Safety Inc.Equipment 413.86 Kiesler Police Supply Ammo 407.00 League of MN Cities Ins Tr Claim 73209 1,000.00 Lee's Commercial Weather Meteorological services 770.00 Lincoln National Life Insurance Co COBRA Life Insurance 14.40 Loffler Companies Computer Equipment 4,724.69 Mansfield Oil Company Fuel 11,098.61 Marshall Electric Company Brick street lift station 150.00 Menards Supplies 2,390.71 Metro Cities Membership 7,119.00 Metropolitan Council Wastewater Charge 166,640.34 Minnesota Occupational Health Drug & Alcohol testing 577.75 Mitchell Ryan Reimburse for prepaid cellular card 37.49 MK Mechanical Inc Boiler & water heater repair 9,153.50 MN Dept of Labor and Industry License renewal 100.00 MN Dept of Transportation Material testing 886.92 MP Nexlevel LLC Locating 343.75 NEOPOST USA Inc.Postage machine supplies 418.30 Page 2 Norcuitt Homes Inc Grading Escrow Refund 1,500.00 Nuss Truck & Equipment Equipment repair supplies 273.20 Office Depot Toner 192.86 O'Reilly Auto Parts Equipment repair supplies 18.92 Oxygen Forensics Inc Oxygen Forensic Detective Renewal 2,899.00 Pereboom Jesse Reimburse for mileage 290.58 Performance Plus LLC Medical screening 1,537.00 PermitWorks LLC Software support 4,485.00 Quill Corporation Office supplies 188.06 Roadkill Animal Control Roadkill pick up 432.00 Safe Fleet Mobile Vision Camera & Computer Equipment 5,171.00 Schwaab Inc.Stamp 39.75 SEH Inc Downtown lighting study 1,065.00 Service on a Shoestring Recycling Coordinator Services 10,596.00 Simplifile LC Filing fee 150.00 Springbrook Software Monthly UB web payments 161.00 Stillwater Glass Inc.Equipment repair supplies 324.17 Stillwater Medical Group Medical screening 3.00 Stillwater Motor Company Vehicle service 147.02 Stillwater Rotary Club Membership 380.00 SW/WC Service Cooperatives Retiree Health Insurance 68,768.93 Tec Inc Remote telemetry unit 6,935.00 Thomson Reuters Information Charges 146.20 Titan Exteriors Refund canceled permit 257.00 Toll Gas and Welding Supply Cylinders 45.38 Tri-State Bobcat Equipment repair supplies 351.02 Truck Utilities Inc.Dump Truck 45,442.00 UHL Company Door lock repair 283.00 Urbina Alysia Reimburse money held as safekeeping 333.00 Voyant Communications Phone 519.43 VSA Inc Behringer Passive DI box 30.00 Washington Conservation Distr Shared Educator 675.00 Washington County Sheriffs Office Annual Fees 45,168.31 Washington Cty Fire Chief Assoc.Membership 50.00 Water Doctors Water Treatment Filter service 193.00 Xcel Energy Energy 11,146.74 REC CENTER 1ST Line/Leewes Ventures LLC Snacks for concessions 1,277.00 BMI General Licensing Music license 364.00 Canteen Refreshment Services Concession supplies 752.69 Cintas Corporation Mat cleaning service 103.00 Coca-Cola Distribution Beverages for concessions 1,533.60 Comcast Internet 109.85 J.H. Larson Company Equipment repair supplies 4.37 Lindstrom Solar LLC Solar Energy 1,484.36 Page 3 Maritronics Ltd.Equipment repair supplies 140.00 Menards Supplies 128.05 Miller Excavating Equipment repair supplies 1,724.78 Northland Chemical Corp Supplies 301.19 Pepsi Beverages Company Beverages for concessions 795.15 Pioneer Manufacturing Co.Equipment repair supplies 215.15 Riedell Shoes Inc.Skates 674.28 Tri-State Bobcat Boom 2,100.00 Twin Cities Dots & Pop Treats for concessions 652.08 CREDIT CARDS Amazon.com Supplies 263.84 Brownells Inc Rifle suppressor covers 229.72 Eventbrite Input to Action training 80.00 Grand Pizza & Catering Dinner for BFD staff 54.43 Green Light Depot Light fixtures 677.66 Hisdahl Inc Name plate for Tim Peltier 14.00 Home Depot Supplies 90.66 Lake Superior College Recertification - Jurek 300.00 Lighthouse Uniform Co 2 dress uniform hats 148.69 MN Secretary of State Notary Commissions 253.00 MPSTMA Fall work shop - PW 100.00 National Business Furniture Executive chair 354.92 Panera Bread Legislative meeting sandwiches 72.86 Retrax Replace lost keys for pick up 10.00 Sam's Club Break room supplies 124.75 Science Museum of Minnesota Computer training - Schmid 517.00 Storm Training Training - Frank 721.00 Survey Monkey Survey tool subscription 900.00 University of MN CCE Registration Building officials continuing education 1,605.00 Wells Fargo Bank MN NA Bank fees 78.00 West Marine Fuel separators for fire boat 17.20 LIBRARY Bredemus Hardware Co. Inc.Parking Ramp Doors 9,300.00 Brodart Co Materials 2,916.55 Comcast Internet 188.06 Culligan of Stillwater Water 48.45 Ebsco Publishing Materials 231.47 Faurot Kimberly Staff Reimbursement 496.54 Global Industrial Janitorial Supplies 68.90 Johnson Controls Fire Protection LP Maintenance Contract 1,685.66 Menards Janitorial Supplies 147.09 Midwest Tape Materials 1,429.38 Office of MN IT Services Phone 143.70 Page 4 Recorded Books Inc Materials 225.11 Soukup Lori Reimbursement 100.00 Washington County Library Materials 8,032.09 LIBRARY CREDIT CARD Amazon.com Supplies 498.54 Lakeshore Learning Materials Equipment - Juv Programming 171.04 TechSoup Adobe Acrobat Pro for Windows 55.00 DECEMBER MANUALS Dalco Custodial Equipment 861.75 Group Medicareblue RX Retiree Prescriptions Ins 2,415.00 Postmaster Newsletter Postage 1,730.75 Xcel Energy Energy 25,108.23 ADDENDUM Dell Marketing Equipment 6,747.68 MBPTA Membership 100.00 Shilts Cindy Reimburse for mileage 33.35 Sirotiak Lauren Reimburse for mileage 66.70 Xcel Energy Energy 26.20 TOTAL 552,822.09 Adopted by the City Council this 7th day of January, 2020 1 FIRST AMENDMENT TO MUNICIPAL SOLID WASTE AND RECYCLING SERVICE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASTE MANAGEMENT OF MINNESOTA, INC. THIS AGREEMENT (“Agreement”) entered into this day of January, 2020, by and between the City of Stillwater, Minnesota (“City”) and Waste Management of Minnesota, Inc. (“Contractor”). WHEREAS, the City entered into a Municipal Solid Waste And Recycling Service Agreement (“Agreement”) with Contractor on July 1, 2016; and WHEREAS, the Agreement is a 5-year agreement with set rates that increase each year by 2.5%; and WHEREAS, Section 9 of the Agreement specifically allows for rate adjustments if tipping fees and haulers rebates increase or decrease in any given 12-month period; and WHEREAS, Contractor has notified the City that their hauler rebates have been eliminated for 2020, 2021 and 2022 and are therefore requesting an increase in their collection and disposal fees effective January 1, 2020. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. The following portions of Appendix A of the Agreement are hereby amended as follows: July 1, 2019- June 31, 2020 Type of Service Senior Container Small Container Medium Container Large Container Collection/Disposal $6.33 $10.10 $12.82 $16.53 Yard Waste $1.92 $2.79 $2.79 $2.79 Recycling $3.25 $3.28 $3.28 $3.28 Appliances $0.53 $0.53 $0.53 $0.53 Billing $0.26 $0.26 $0.26 $0.26 Total $12.29 $16.96 $19.68 $23.39 July 1, 2020 - June 31, 2021 Type of Service Senior Container Small Container Medium Container Large Container Collection/Disposal $6.49 $10.35 $13.14 $16.94 Yard Waste $1.97 $2.86 $2.86 $2.86 Recycling $3.33 $3.36 $3.36 $3.36 Appliances $0.54 $0.54 $0.54 $0.54 Billing $0.27 $0.27 $0.27 $0.27 Total $12.60 $17.38 $20.17 $23.97 2 January 1, 2020- June 30, 2020 Type of Service Senior Small 35 gall (sm) 64 gall (med) 96 gall (Lg) Collection/Disposal $6.79 $10.55 $13.71 $17.85 Yard Waste $1.92 $2.79 $2.79 $2.79 Recycling $3.25 $3.28 $3.28 $3.28 Appliances $0.53 $0.53 $0.53 $0.53 Billing $0.26 $0.26 $0.26 $0.26 Rates for July 1, 2020 – June 30, 2021 shall be automatically adjusted by 2.5% pursuant to Section 4.2 of the Agreement. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement on the day and year first written below. CITY OF STILLWATER Mayor Ted Kozlowski Beth Wolf, City Clerk WASTE MANAGEMENT OF MINNESOTA, INC. By: Its: 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING January 21 2020 SPECIAL MEETING 4:00 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Discussion on Public Works Assessment Report and Recommendations IV. RECESS REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS IX. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. X. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Director 6. Public Works Director 7. Finance Director 8. City Attorney 9. City Administrator XI. CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10. January 7, 2020 regular and closed session meeting minutes 11. Payment of Bills 12. Abatement of Special Assessments 13. Brian’s Bocce Ball Event 14. Cleaning Services Contract Agreement 15. CPC Case No. 2019-64 Zoning Map Amendment to rezone properties located in the Heritage Ridge Development. Properties located at 602-608 Heritage Place – Ordinance 2nd Reading 16. K9 Dog Transfer of Ownership and Agreement – Resolution 17. Marylane Drainage Improvement Project Final Payment – Resolution 18. Opera on the River Event 19. Sanitary Sewer Adjustments 20. Stipulation of Settlement for 121 Chestnut Street East – Resolution Page 2 of 2 City Council Meeting January 21, 2020 XII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 21. CPC Case No. 2020‐01. to consider an Ordinance Amendment request by the City of Stillwater to amend City Code Section 30-3. Subd. 2 (1), regarding trash container storage in residential areas. Notice was published in the Stillwater Gazette on January 10, 2020. – Ordinance 1st Reading 22. CPC Case No. 2020‐02. to consider a request by Jennifer Smittkamp, property owner, for the consideration of a Resubdivision of the property located at 703 3rd St S. Notice was published in the Stillwater Gazette on January 10, 2020. XIII. UNFINISHED BUSINESS 23. CPC Case No. 2019‐71. Valley Ridge Holdings, LLC and Gordon Skamser Jr. appeal HPC Case 2019-21 Design Permit for the modification of a multi-tenant sign plan, and CPC Case 2019-46 for a Variance to the sign code. Property located at 1400 (1570) Frontage Rd. – 2 Resolutions XIV. NEW BUSINESS 24. Lora Hotel Valet License Renewal – Resolution 25. Lift and Loop Bridge Event XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT illwat r --- Administration TO: Mayor & City Council FROM: Tom McCarty, City Administrator · / ~ rvl .f) DATE: January 16, 2020 SUBJECT: Public Works Assessment Report and Recommendations -Presentation by Consultant GovHR USA LLC BACKGROUND INFORMATION: The Stillwater Strategic Plan goal of Developing Organizational Excellence included an action step to complete an operational review of the Public Works Department, including the Board of Water Commissioners operations and the St. Croix Valley Recreation Center operations. Funding to engage a consultant to conduct the analysis was included in the City's 2019 budget. In May 2019, a Request for Proposals (RFP) for completion of the Public Works operational review was issued, five consulting firms responded, and in July 2019, the City selected GovHR USA, LLC to conduct the analysis. Gov HR USA completed its work late in 2019, the Public Works Assessment Report and Recommendations document was issued on December 23, 2019 and shared with the City Council, the Board of Water Commissioners and respective department staff. GovHR USA consultants Sarah McKee and Charlene Stevens will present their findings, assessment and recommendations to the City Council and Board of Water Commissioners at the joint work session on January 21, 2020. The joint work session will provide an opportunity for dialogue and discussion of the report, including options and recommendations contained in the report. RECOMMENDATION: It is recommended that City Council accept the Public Works Assessment Report and Recommendations as prepared by GovHR USA, select the public works department structure option that is most beneficial for the community and provide direction to staff to develop a transition plan to implement the selected public works department structure. cc: Board of Water Commissioners Shawn Sanders, Public Works Director Robert Benson, Water Board Manager 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us CITY OF STILLWATER, MINNESOTA PUBLIC WORKS ASSESSMENT REPORT AND RECOMMENDATIONS DECEMBER 2019 Gov HR USA ~ Gov TEMPS USA CITY OF STILLWATER, MINNESOTA PUBLIC WORKS ASSESSMENT – REPORT AND RECOMMENDATIONS DECEMBER 2019 INTRODUCTION City of Stillwater, Minnesota City Administrator Tom McCarty contracted with GovHR USA (“GovHR”) to assess the City’s Public Works organizational structure, including the Board of Water Commissioners (Water Board) and the St. Croix Valley Recreation Center. The impetus to look at some aspects of the department was the desire to determine operating efficiencies, optimize effectiveness in the management and delivery of services to the Stillwater Community, long term staffing and optimal supervisor-employee ratios and structure for the Public Works Department. Additionally, for the Board of Water Commissioners, the primary goal was to review the governance and reporting structure and the goal is the same for the St. Croix Valley Recreation Center as it relates to their role as a third-party manager of a city owned facility and their current recreational programming. In the City of Stillwater’s adopted Strategic Plan (July 2019 update), the desire to conduct organizational assessments is defined as a goal and it prescribes an action item to accept recommendations from the public works operational review. Additionally, this study will also incorporate some recommendations that could also help implement another action item of the Strategic Plan by examining affiliation of the Water Department (Board) and the City. It also may lend direction for enhancing city policies/ordinances through the recommendations and options we have included. The focus of the study was on how the public works department could develop better efficiencies and to provide effective delivery of public works services to the residents of Stillwater. Efficiencies can be created in a number of ways including personnel (training and development), equipment, technology and a variety of other factors effecting the delivery of public work services. Municipalities across the country are embarking on similar studies because there is a desire to examine their structures post-recession of 2008. Many communities experienced a downturn in their economies which often resulted in the loss of allocated positions and/or the reduction of services. Consequently, these types of analysis are done to determine current personnel allocations as well as operating efficiencies within particular departments. While the retirement of key staff was not the determining factor for conducting this assessment, it is worth mentioning as it is a national issue for local governments and in particular public works departments where key staff have a tremendous amount of institutional knowledge that is often not passed along. Municipalities across the country are struggling to l!I!' GovH R USA ~ GovTEMPS USA GovHR USA 2 | Page prepare for the loss of experienced employees who bring a wealth of institutional knowledge to their organizations. We see a growing need for municipal employees that have a public works or vocational trades background and/or experience with infrastructure maintenance. Communities like Stillwater want to do their best to train the next generation of leaders. This can be a delicate balance – communities do not want the experienced employees to feel pushed out, but yet they want to be prepared for the day when employees decide to retire. Also emphasized in the City’s Strategic Plan (July 2019 update), is a focus on the importance of leadership succession planning and the area of public works cannot be overstated. As the Stillwater management team knows, GovHR is a management consulting, interim placement and recruitment and selection firm. Our experience with interim placements and recruitment and selection has shown us that the public works management and leadership positions can be among the toughest to recruit qualified applicants. The private sector can offer higher paying engineering opportunities further reducing the available candidates. In areas where infrastructure construction activities are in full development, cities compete with higher paying private sector firms for trades workers. Added to that mix of issues are management’s basic responsibilities to look at the efficient and effective delivery of municipal services with lean workforces. APPROACH AND SCOPE Mrs. Sarah McKee, Senior Vice President and Mrs. Charlene Stevens, Senior Vice President of GovHR, were authorized to conduct this assessment by the City Administrator. This study recognizes that organizational design and structure should be evaluated against the Council’s policy goals, Administration’s available resources and principles of management, as well as the Consultant’s experience and exposure to what works well in other organizations. An assessment of this nature is concerned with improvement and the payoff is the improvements that result from it. The scope of the study was to: Examine the existing Public Works Department, the Board of Water Commissioners and St. Croix Valley Recreation Center organizational structure and functions. Determine the organizational efficiencies and capacity of the Public Works Department, Board of Water Commissioners and St. Croix Valley Recreation Center and explore best practice models for increasing the efficiency and effectiveness of the organizations, including the pros and cons of centralizing the responsibilities of the Public Works Department, the Board of Water Commissioners and/or the St. Croix Valley Recreation Center. Identify supervisory ratios and based on industry best practices and organizational needs, develop recommendations for appropriate supervisory ratio with and without the added responsibilities. GovHR USA 3 | Page  Identify staffing levels, based on industry standards in the Public Works Department, both current and future, and develop an optimal organization chart. PROCESS The consultants held a kickoff meeting with City staff on August 1, 2019 to discuss the goals of the study, desired documents needed for the study, comparable communities and the proposed schedule. This meeting was held with Tom McCarty - City Administrator, Shawn Sanders - Public Works Director/City Engineer, Sharon Provos - City Finance Director, Robert Benson - Water Board Manager, and Tim Moore - Public Works Superintendent. It was agreed that the consultants would return to Stillwater after the Labor Day holiday to meet with additional City Staff. The consultants met with the following City staff and the Water Board staff on September 4, 5 and 6, 2019 with a follow up meeting with St. Croix Recreation Center personnel on September 9, 2019: Tom McCarty – City Administrator Staff of the Water Board Robert Benson – Water Board Manager Sharon Provos – Finance Director Shawn Sanders – Public Works Director/City Engineer Tim Moore – Public Works Supt. Nick Chaves – Asst. Public Works Supt Staff of the Public Works Dept. Staff of the St. Croix Valley Recreation Center. Meetings with City’s staff were detailed and constructed to better understand how Public Works services are delivered and also how departments interacted with one another. Ahead of the interviews, the consultants received various city policies, studies, budgets, organizational charts, water rate studies, etc. to review prior to the meetings with city staff. These documents allowed the consultants to have a broad view of current departmental operations and their current policies and procedures for department operations. The Consultants asked the following questions when meeting with DPW staff: 1. How long have you been in your current role? Describe your work unit – its functions, size, budget, number of employees, structure. 2. How many people do you directly and/or indirectly supervise? 3. What areas of improvement for the department would you recommend? 4. Have your job duties changed over time? If so, how? 5. What areas do you believe could be changed to be more efficient? 6. Are their pieces of equipment or other supplies that could help improve efficiencies or the effectiveness of departmental performance? 7. If you could, what changes would you make within the department? 8. Do you feel like you are informed about matters that effect the department? GovHR USA 4 | Page 9.How often do you meet with your supervisor or the Director? 10.What are your primary job functions? 11.Does the department’s, and your division’s, current structure provide for an appropriate level of supervision of employees and operations? If not, what needs improvement? 12.What is the relationship like with the Water Board Staff? 13.What other City Departments does Public Works Staff interface with on a regular basis? Is there anything that you would change in the city’s organization or how things work interdepartmentally? 14.How often do you hear from residents, what do they call about and are you able to meet their needs? 15.In reflecting on the City’s DPW, what else would you like us to know? For those in non-Public Works departments, the following questions were asked: 1.How long have you been in your current job? Describe your work unit – functions, size, budget, number of employees, etc. 2.How does your department or area of work interface with the city’s Public Works department? 3.As you consider that interdepartmental relationship, what works well? What needs improvement? Are there any overlapping or unaddressed responsibilities between the departments that need to be clarified? 4.When you consider workflow and interdepartmental activities between your department and DPW, what changes would you recommend? Why? 5.Are there adequate resources in place to develop City Staff? Are there active succession planning processes in place? 6.Are there any opportunities for consolidation of services that your organization could do with DPW that you feel would be valuable for Stillwater to pursue? Are there areas/functions that you would contract out or privatize? In some instances, the consultants were supplied with written answers to some of these questions by staff members. The consultants identified and contacted several peer municipal organizations in Minnesota comparable to the City of Stillwater’s Public Works Department. Results of our inquiry from Peer Communities can be found in Appendix H of this report. They serve as an additional resource in assessing and comparing organizational structure. In addition, the consultants examined materials from the International City/County Management Association and the American Public Works Association. The consultants studied the Department as it is organized with services including: Engineering, Streets, Parks, Sewer, Storm Sewer, Surface Water and Lighting. They also reviewed the structure of the Water Board and St. Croix Valley Recreation Center and compared them to other cities similar to Stillwater. GovHR USA 5 | Page The consultants also reviewed the following information and materials prior to preparing this report: City of Stillwater’s Strategic Plan 2018 City of Stillwater Annual Report City of Stillwater Code of Ordinances Organizational Charts for DPW, St. Croix and Water Board Position Descriptions for certain Public Works positions Union Contracts of Public Works and the Water Board Standard Operating Procedures and Workflows, as well as any Department Operating Plans including Capital Improvement Plans Special Events policy Current Rate Structure for Water/Sewer Water Board meeting minutes FINDINGS, ORGANIZATIONAL STRUCTURE/OPERATIONS, RECOMMENDATIONS/OPTIONS FINDINGS: We looked at the City of Stillwater for what their coordinated, strategic view is of the Public Works function through the prism of how it delivers on the City’s mission, goals and objectives. The City of Stillwater Mission Statement naturally has public works as a component “To provide the community with a quality living environment, quality public services and facilities while protecting cultural, historical and natural resources through fair and open government, careful planning, effective management and efficient fiscal policy.” The City’s Strategic Plan – with vision statements and strategies approved by the Council for 2015 – 2020 (revised 12/2017 and 7/2019) highlights, to a degree, a focus on public works- related issues and demonstrates an organizational consistency with all that has been described to the consultants throughout this inquiry. The plan identifies “How can the City of Stillwater…. Develop Organization Excellence, Development Our Community and Sustain Strategic Planning and Implementation.” While seemingly elemental to point out that public works issues are part of the plan, its significance cannot be undervalued. Its inclusion in the plan gets to what John M. Bryson says in Strategic Planning for Public and nonprofit Organizations (2011) are at least two of the primary benefits of strategic planning – enhancing organizational responsiveness and performance and helping the organization’s people meet their responsibilities. Responsiveness, performance and meeting responsibilities were consistent themes throughout this analysis. Taking into account our direct observations in the City’s Department of Public Works, complemented by our experience in assessing organizational needs of hundreds of local GovHR USA 6 | Page governments, we present a list of findings, recommendations and options as Stillwater considers how changes within the organization can create better structure for the department and meet those elements of the strategic plan. Additionally, as noted in the City’s Strategic Plan as a way to “Develop Organization Excellence”, we would ask that serious consideration to be given to implementing the recommendations brought forth in this study . The consultants were asked to look at options for organizational structure and if the current structure provides for the appropriate level of supervision of employees and operations. That is all done within the context of managing service delivery in the public sector that primarily consists of balancing the three classic concerns of public administration. These concerns are: 1. Effectiveness – getting the right things done 2. Efficiency – accomplishing them in the right ways 3. Economy – limiting the use of scarce resources Balancing these three concerns requires a coordinated policy analysis and management approach. City staff were cooperative and candid in their discussions with the consultants. In our interviews, participants were assured that no comments would be attributed to specific individuals, and it is with that understanding we note trends, issues and common understandings about the service, roles and expectations from the department. With that as a backdrop, we present our findings, accompanied by our recommendations and in some instances, options within the recommendations. ORGANIZATIONAL STRUCTURE/OPERATIONS: As part of our research and noted above, we examined information on the City of Stillwater’s website and found it particularly interesting that the City has chosen to list various components of the Public Works Department (as currently defined in the organizational chart) as separate Departments of the city. The website states that Engineering, Public Works, Parks and Forestry are all separate departments. But the Public Works Department Organizational Chart shows Engineering (Department) and Public Works (Department) as separate with Parks and Forestry (not specifically mentioned) as components of the Department. It is not typical to have a department within another department, but a department would have various divisions as components of it. Therefore, even the current descriptions need to be addressed from their perceived hierarchical significance. These “Department” designations are carried over into the strategic plan as well. Before considering intra-organizational changes, we deliberated about the Director’s position as both the City Engineer and the Director of Public Works. It was clear from our discussions with staff that the Director spends more time on the engineering functions of the Department and less time on “public works operational functions”. Before a decision would be made to GovHR USA 7 | Page split the department (as discussed later in Recommendations/Options), we advise the City Administrator to consider the Department’s needs, partly in light of this inquiry and some of the strategic options we recommend, but also the other needs that the position must fill – staff leader, liaison to the elected officials, and representative to the community and other stakeholders. Our experience tells us that in today’s hiring environment, many communities, while valuing professional engineering (P.E.) credentials, do not view the P.E. as a hard-and-fast requirement of a Director of Public Works. In our view, there must be more compelling reasons for a professional engineer to be at the helm of the Department other than professional credibility among some of the staff. Instead, it should be the knowledge of issues affecting their organizations and the community’s environment that establishes credibility. Consequently, in some of the reorganization scenarios outlined below, a P.E. would be beneficial, but not critical. In large part and again in today’s environment of managing complex public organizations with the size of the City’s Department of Public Works, the technical skills, experience and background are what shape today’s Directors. It is also the skills of communication, leadership, relational interaction, financial and human resources that additionally and arguably more significantly, define the qualities of a departmental manager. A look at the City’s and Department’s organizational charts illustrates reasonably tight and manageable lines of authority. Comparatively speaking, the total number of departmental employees ranks about the same with other jurisdictions and the number of the Public Works Director’s direct reports is on par when viewed next to the other municipalities. The Director’s current span of control – one Assistant Engineer and one Superintendent is very shallow compared to other municipalities. With that as a foundation and the subject of review, the options discussed later in this report may enhance the Director’s span of control. A look at the City’s and Department’s organizational charts illustrate tight, manageable and few lines of authority. Comparatively speaking, even though the total number of departmental employees ranks about the same with the other jurisdictions, the number of direct reports is on the low side when viewed next to the other municipalities. With that as a foundation, some changes, as the options further on in this report will illustrate, will not critically alter, or overburden, the Director’s reporting relationships. RECOMMENDATIONS/OPTIONS: (SEE APPENDIX FOR ORGANIZATIONAL CHARTS) We assessed several options with respect to the reorganization of the Department’s operations, engineering, utilities (storm, sewer and surface water), streets, fleet and parks functions. Our executive recruitment and consulting practices have exposed us to a wide variety of organizations that handle these services in several ways. As reference, the current Public Works Organizational Chart can be found in APPENDIX A. We also surveyed several organizations of similar size in the state of Minnesota (see APPENDIX H). Here are the recommendations/options we propose: GovHR USA 8 | Page 1. Span of Control/Organizational Analysis Through the various research we have done on Organizational Analysis, span of control continues to be revisited as a key management tool. With today’s ever-increasing technology, it sometimes allows for the span of control to be greater than in previous organizational structures. Span of control is defined as the number of people a manager can supervise effectively and can be broadly categorized as either wide or narrow. The span of control and layers of management in an organization help determine the way public works operations assign tasks to employees. Improvement in workflow can often be impacted by these factors. A wide span of control is typically a flat or horizontal organizational structure and implies that a single manager has more employees under their direct supervision. This is generally present when there are well-established operating procedures. As an example, this would be the span of control of the City Administrator, as shown below. A narrow span of control means that a supervisor has fewer employees under their supervision and creates a tall or vertical organizational structure. This means more layers of management, which may lead to confusion in the overall vision and communication from the top of the organization can be strained. This appears to be the current case in Stillwater Public Works, as shown below. Although the current organizational chart shows a narrow span of control, in theory it operates even more narrowly. The current chart shows the Supt. and Asst. Supt on the same layer, while in operation, the Asst. Supt. is under the Supt. in terms of supervision GovHR USA 9 | Page given and how it works in the actual field on a typical day. When a narrow span exists, it opens the door for each manager from the top to the final layer to add their input to certain information being relayed which may lead to a different direction than the original concept that was communicated from the top of the organization. Or the reverse, information is not being relayed that could be crucial to the intended outcome. The concept of organizational structure and span of control are interrelated often having an inverse relationship between the organizational structure and span of control. Span of control has a direct bearing on the number of layers in an organization, which is a measure of the length of an organization’s lines of communications. These two measures combine as indicators of the efficiency and effectiveness of the department. By example, the current organizational structure would have a City Administrator over a Director of Public Works, over a Superintendent of Public Works, over an Assistant Superintendent of Public Works over the Lead Workers, over a Maintenance Worker(s) IV or III. In each of those positions, there is one person to supervise the next until the final layer. In our proposal, it limits it to a degree. It should also be noted that a Lead Worker has no supervisory authority by union contract. Their only function is to lead, but not supervise. So, while the layer exists, it does not function as a true span of control for the Lead Worker. APPENDIX A shows the current structure of the public works department. Note that all union workers assigned under public works report to the Assistant Superintendent. It also shows each of them reporting directly to the Director of Public Works. The span of control for the Asst. Superintendent is too great for one person given that the Lead Worker has no supervisory authority. The industry standard in public works functions is a typical span of control of 6 to 10 employees on the entry level, assuming their primary functions are the same. Additionally, the standard would be to have no more than 5 layers from top of the department to the bottom layer. With the Lead Worker not having supervisory authority, the department is at that maximum level of 5 layers. As later described in more detail, creating two Superintendent positions (Appendix B) can help narrow the span of control under each position. This would eliminate the Assistant Superintendent and keep the allocated positions the same for the department. We often heard through conversations with the employees of the department that communication could be better and much of that meant communication from the top of the organization so that the employees can know what is happening with the City as a whole and to be informed on changes forthcoming. With the current organizational chart, this narrowness means more layers of management, which may lead to confusion of the City’s overall vision and communication from the top. The majority of work being performed by public works is generally under established operating procedures, and therefore should allow for a wide span of control. By distributing this equally between two Public Works Superintendents assigned to two GovHR USA 10 | Page newly created divisions, the span of control narrows with work assignments easily distributed and monitored. In our observation, the current Superintendent performs the functions of a typical Public Works Director and the current Assistant Superintendent performs the functions of a Superintendent which makes his span of control much larger than anywhere else in the Public Works organization. The proposed change illustrated in the organizational structure shown in Appendix C incorporates this recommendation along with the following one. 2.Establish a Separate Engineering Department Many communities have a separate Engineering Department with a City Engineer reporting directly to the City Administrator. The effect is to provide direct access to the Administrator and is particularly useful when organizations are undertaking large capital programs or experiencing a large volume of development or redevelopment in the city. Under this model, the department has to be highly collaborative while working closely with the Development Department on development proposals as well as with Public Works operations on capital improvement design and construction. It also shows the City’s commitment to undertaking their own engineering services. Additionally, it would reduce the span of control of a City Engineer allowing him to focus primarily on engineering projects. Looking at the peer city comparisons, it is a mix of cities that have engineering as a part of public works and those that do not. This is not an unusual observation in many of our studies of public works organizations. It is typically based on previous departmental structure and in part on the current skillset of the leadership team. It is also often related to the size of the City or as mentioned above the gravity of engineering services provided in-house. In larger cities, we often see a separate engineering department as they can provide better services, but most of those engineering functions are related to plan review for developing cities and not necessarily related to in-house engineering design. It should be noted that the City’s website actually lists Engineering and Public Works as separate departments (as well as parks and forestry). Much of the information listed on their respective websites show that the two areas seem to operate in silos as it appears that the engineering function is primarily concerned with designing, bidding and inspecting projects for City sidewalk, street rehabilitation projects and special assessment projects. While they do assist with in-house work, it appears their concentration is outside contract work. In observed function, the current Director does not get involved with many of the day- to-day operations. The day-to-day operations are primarily handled by the Superintendent and specifically by the Assistant Superintendent of the Department, which is not unusual. However, in those case the Director is rarely seen or rarely holds GovHR USA 11 | Page meetings with the majority of the public works staff. Employees noted the lack of regular meetings and presence of the Director during the interviews. There is nothing meant to be negative about those comments other than the Director of Public Works and the City Engineer could be separate positions under this scenario. Obviously, it would be the determination of the City Administrator, but adding one person to his span of control would not be out of line, i.e. having the current City Engineer and adding a Public Works Director is a net gain of one person in his span of control. See APPENDIX C. Staffing Implications: As we have already discussed, finding a qualified and licensed engineer that is willing to work for municipal wages is getting tremendously harder to find. Therefore, if it were a separate department and the current engineer left, this may be a difficult position to fill. Many municipalities now contract out most of their engineering services and choose to not have a licensed one on staff. It may be worth reviewing in the future if there is a change in personnel within the current structure. 3.Creating efficiencies by incorporating the Engineering Department with the Community Development/Building Inspections Department to create a Development Services Department As cities continue to either expand in size or expand in responsibilities through aging infrastructure, we are also seeing the Engineering function combined with the Community Development (along with Building Inspections) to create a Development Services Department. The effect of this would be to create a “one stop shop” for developers and residents, because it provides an avenue for them to have one central point of contact for their construction design, zoning and permitting needs on a variety of levels. Having Engineering combined with Community Development helps ensure collaboration and streamlining with respect to economic development and similar review and regulatory processes. The disadvantage is the need to continue to coordinate with Public Works on capital items and other permit processes in the public right of way. But that could be overcome by regularly scheduled meetings for review and analysis of cross-sectional departmental needs. It would not necessarily mean that the City Engineer would oversee the Building Director but would be combined into one department. It is not unusual to have a designated City Engineer as a member of a Development Services Department or in a Public Works Department but reporting to the City Administrator. In some cities we see the City Engineer as the Assistant Director of Public Works or the Assistant Director of Development Services. GovHR USA 12 | Page Economic Development is emphasized in the City’s strategic plan and by the City Administrator as an overall organizational expectation. It is important that all staff involved in any development review share the goal of a review process that is efficient, fair and solution oriented. In the end, this points to a need to encourage and empower staff to cross interdepartmental boundaries more freely, especially when larger City- wide goals outrank hierarchical control, provided that this type of approach is accompanied by information sharing, cross-communication and a respect for project deadlines and costs associated with them. Staffing Implications: The span of control for the City Administrator would increase by one person if the City Engineer is a separate position from the Communiy Development Director, but still housed within that department (this option). The increase would be the hiring of a Public Works Director. 4.Current Organizational Structure Analysis/Work Assignment Efficiencies through technology It was noted through several conversations that there seems to be some redundancy or “wasted time” with the process of issuing daily assignments. The Assistant Superintendent meets with the Lead Workers in the morning to discuss daily activities while the remaining employees are “waiting” or not working. Then the Lead Workers give the daily assignments to the Maintenance Workers. It would save time if the Asst. Superintendent, in conjunction with the Lead Workers, gave out the daily assignments. The effect could allow for additional time spent in the field. Perhaps a quick regroup of the Lead Workers and the Asst. Superintendent at the end of the workday would be a better use of time to discuss what was accomplished that day and what needs to be done the following day. This would allow the workers to get into the field a little earlier and stay in the field a little longer. We realize that many things change during the day, especially for a public works department and it is difficult to sometimes schedule, but for the most part there could be a weekly schedule done and continue to refer back to it throughout the week to see where things are for each assignment. It seems to be the downfall for most public works departments when they spend too many hours throughout the year scheduling daily work without knowing what was completed the day before. As the department continues to experience more demands for services and continues to increase the amount of park lands or public lands, the number of employees will also need to be increased. While it is certainly beneficial for the department to take on seasonal employees, the availability of seasonal workers continues to be unreliable and in some parts of the country, unavailable at certain hourly rates. While additional full- time equivalent positions (FTE’s) are needed during the summer months, they are also valuable during the off-season when, if it is not snowing, there are plenty of routine GovHR USA 13 | Page maintenance issues that can be done as well as an opportune time to complete much needed safety, health and wellness training. Referring to APPENDIX B or C we show how work assignments could be distributed in a more efficient way. Each Public Works Superintendent would be responsible for their daily work assignments. As noted above in the industry standard for span of control, assigning to + 10 employees is less demanding than one person assigning to 20 employees. During special events or snow operations when they need everyone directed to specific operations, the two superintendents would coordinate those assignments. While it is great to have everyone cross-trained on the various functions of the department, better efficiencies are created when personnel are consistently assigned to specific tasks within each division. Of importance will be the full implementation of a work order system to create efficiencies for tracking, assigning and monitoring work assignments. It is our understanding that this is either in the works or undergoing evaluation. This type of system can be valuable in tracking work being completed, inventory supplies, man hours and equipment used on a daily basis, etc. if it is used to its fullest capacity. While there will be some painstaking parts and learning curves at the beginning, in the long run the hours saved will be invaluable to the residents. It is this type of technology that can have a direct impact on a public works operations effectiveness and its efficiencies when delivering services. It may not free up manhours on a daily basis, but for year end reporting, FEMA reporting, EPA reporting, etc., it more than makes up for sifting through mounds of paperwork to find the information needed. It is also a productive budget management and budget preparation tool for tracking how manhours and equipment are used and trends in various services provided by public works. With this and an improved GPS tracking system on the vehicles, would also help with efficiencies within the department and it may provide a better communication to residents during snow plowing or emergency operations Many work order and GPS systems can be tied into social media and provide real-time access to public works services. 5.Creating better efficiencies through break time standards In creating better operational efficiencies, we often examine how a public works employee spends their day in the field. It is our understanding that there is an “agreed” 30-minute break per day instead of the two 15-minute breaks as required under the Department of Labor. Based upon this information, it appears that many man hours of work are lost each week with the “agreed upon 30-minute break” where employees are “required” to come back to the facility for break, thus creating inefficiencies within the department. Realizing that there can be an issue with employees making poor decisions about what they may or may not do on their break or where they may or may not go, the loss of total man hours to have all employees come back in the shop for this 30 minute break seems to be an extreme remedy. GovHR USA 14 | Page In our observation, a 30-minute break can easily turn into an hour break due to travel time, actual break time and then getting reset in the field. Perhaps a better emphasis on the terms of “break time” and what can and cannot be done as well as a continued emphasis would result in more manhours in the field. When we hear employees asking to remain in the field so they can get more accomplished, it is noted that employees care about what they are doing in the field and desire to perform better. Perhaps we did not get a full understanding of the established rules and regulations of the break requirements, but it appears that the City could be losing up to 17 manhours per day and obviously this leads to less work being performed and fewer projects being completed. In an extreme analysis, if 17 employees of public works are coming back to the public works facility every working day then: Extreme analysis: 17 manhours x 260 working days = 4,420 working hours (2.125 FTE) While that calculation is the extreme, even given half that time for employee absenteeism from vacations and illness, it could still easily be equivalent to one additional FTE in the department. It should be noted that this analysis is for one morning break and while it currently serves as the “only” break, it would be difficult to determine if employees are also having a brief afternoon break in the field. This was also reinforced through our conversation with the Superintendent. While we did not talk to every employee in the department, we did talk to a large majority of them and they all talked about this scenario and how it sometimes impedes the amount of work they can accomplish. By and large the employees of the department want to provide good services to the residents of Stillwater, but this requirement is a hinderance to them and should be addressed by management. It is our recommendation that a thorough review be done of the break time policy/agreement. 6.Creating better efficiencies through Contractual/Lease Services As experienced municipal managers and department heads, we understand the need for contractual services as there are things that can be done by private contractors to create greater efficiencies within an organization. The City does currently contract some of its traffic lane striping as well as crosswalks, but it may be beneficial to also look at other areas that could be contracted. In many municipal organizations, when activities like striping take place, other operations within public works may not be completed. Pothole patching is another operation that typically can divert manhours of City employees to other functions within public works. Besides paving operations, striping and pothole patching are areas at a high risk for on-the-job injuries and in some cases, fatalities. Given that this work requires a constant concentration on pedestrian GovHR USA 15 | Page movements as well as vehicular movements inside and outside traffic barricades, it is generally more efficient and effective when done by a contractor. Contractors also have a greater flexibility to do these functions during hours of less traffic and therefore, less impact to the residents. An area for leased services is Fleet Maintenance. Given the difficulty the City is currently having with finding qualified mechanics that are willing to work at municipal wages, this certainly an area worth considering. More and more cities are going to fully leased city vehicle programs and, in some instances,, cities are saving thousands of dollars on routine maintenance, part supplies, fluid inventory, maintenance equipment, etc. in addition to keeping an up-to-date fleet with less breakdowns equating to more manhours on the streets. Given that the city currently has one mechanic (not depicted in the current organizational structure), there realistically can not be efficiencies in this operation. It is not a reflection of the employees, but not feasible for one mechanic to maintain the City’s aging fleet. As discussed earlier, there continues to be lack of vehicle technicians, plumbers, HVAC technicians, welders and other vocational trades that choose to work in the municipal sector and will soon be some of the hardest positions for cities to fill. Just keeping equipment and supplies needed to run a fleet operation is costly to municipalities and often takes up valuable space that could be used for other operations. It would not preclude the city from keeping a small operation, especially during winter/snow operations, but for year-round operations it typically does not benefit a city, especially when a leased fleet can supply almost any type of vehicle and/or equipment needed. Whether the City chooses to keep fleet maintenance in-house or chooses to lease vehicles, it is worth noting that employees that will be using the equipment should be consulted about the types of equipment that would be best suited for their particular function. Having equipment that is not suited for the job or that has to be modified to fit within the operating parameters, does not create efficient operations. Realizing that it is hard to sometimes justify a higher cost for a piece of equipment that is better designed for a cities operations is hard, but in the long run it will more than pay for itself through efficiencies and more importantly in the effectiveness in the delivery of public works services. 7.Administrative Assistance Realizing there have been some recent changes in administrative assistance provided at the Public Works facility, it is much needed not only by the Superintendent and the Assistant Superintendent, but in the smooth operation of the facility. While there may not be a lot of walk-in “business” at the facility, there are times when deliveries are made, and it is not an efficient use of manhours when someone has to be called in from the field to take a delivery. More importantly, while it may seem frivolous and GovHR USA 16 | Page sometimes only an off-shoot of an administrative position, the position is often seen as the glue that holds the organization together. It is a person that an employee can come to with questions related to uniforms, forms needed, insurance, payroll, etc. and the person may be able to address a lot of questions from residents that may not have to be addressed by the Superintendent/Assistant Superintendent. It is our understanding that the previous person in the administrative position would spend a portion of their time at the Public Works facility and a portion of their time at City Hall. While we are not suggesting a full-time person be allocated to Public Works, it would be a recommendation that the Department continue to have some type of administrative support through either a shared position or a part-time position. (If the Water Board merger is done, this assistance may be resolved). If it is not or in its absence, there needs to be better communication from internal services of the city. Municipalities tend to have one meeting with employees when it comes to say a change in medical insurance carriers or services offered through employee medical insurance, as an example. And while that meeting is probably very thorough, it can be overwhelming even for employees that already understand the insurance process. But for those that may not often deal with insurance issues or have used it very little in the past, these changes can be confusing. Follow up meetings by the personnel department or as mentioned below, quarterly meetings would go a long way to making the departments not housed in City Hall feel like they are a part of the same team. 8.Have a stronger presence at the DPW facility If the Department is not divided, the Director should to have a stronger presence at the Public Works Facility. It appears that the Assistant Superintendent is “running the show” at DPW. While it may sound simple or time consuming, the Director needs to be seen at public works on more than a few occasions each year. At a minimum, it would be beneficial for the Director to have at least a quarterly meeting with ALL employees to provide an update, so they all feel they are getting the same information and being kept informed on what is happening in the Department. Additionally, if the City Administrator could attend those meetings, it would also give him the opportunity to inform the employees on what is happening in the City overall. We realize that suggestion may sound elementary, but the impact this has on the employees can be tremendous. First, it creates an atmosphere of inclusion for the employees as well as provides them with information. Sometimes it is easy to lose site of the fact that many of these employees are the source of information for many residents in the community as they may be the only City employee that residents come into contact with if they have questions. Information is power and while that information may not seem important to those delivering it, it is vitally important to GovHR USA 17 | Page those receiving it. It will make them feel a part of the team and create a since of ownership. There is nothing more empowering to most City employees than information. Better communication with the employees and an effort to show interest in their work can lead to greater production and increased efficiencies within the department. Even if none of our options are considered, it is still important for the Director to play an integral part in the chain of information throughout the department. With that same thought, it appears that there has been some resistance to fully embrace a Labor-Management Committee (LMC). We would strongly encourage the LMC to meet on a regular basis with an agenda of items from both sides that need to be addressed. An active committee has been shown to increase communication, increase safety training which does have a direct correlation to on the job injuries as well as worker satisfaction. In addition, it often helps with future labor negotiations when issues are discussed during the time between contract negotiations rather than waiting three years for an issue to be addressed while it may have been easily resolved through the Committee. It also allows the City to educate employees on issues facing the City that may have an effect on what the City can afford to offer during future negotiations. 9.Leadership Succession Planning As also noted in the City’s Strategic Plan, an action item to “Develop Organization Excellence” is to develop a leadership succession plan. In almost every discussion we have with municipalities either related to our organizational studies or with recruitment, there is an overwhelming lack of succession planning within municipal departments and Public Works seems to be one of the greatest in their lack of succession planning. Given the ages of the current leadership in public works, it will be a large “brain drain” when they retire. There should be a concentration of providing on-going training to those within the department that have expressed the desire to be in management or that perhaps current leadership believes has the potential to become leaders within the organization. This would also apply to the Water Board given their small staff and limited resources for replacement of those employees that may choose to retire in the coming years. Training employees who have the capability and desire to take on new challenges is almost always beneficial for an organization. Succession planning is often confused with job titles, but that is certainly not the case. Just naming someone a lead or assistant does not equate to succession planning. They need to be provided with the training and tools they will need to be leaders within the organization. Given that the labor pool continues to shrink for public works professionals, municipalities need to continue to develop from within the organization. Creating incentives for on-going professional development or finding cost effective GovHR USA 18 | Page measures to continue to train employees should be a goal of the city. Additionally, the employees of public works should have opportunities to learn about new or changing technology as often it can lead to better efficiencies. BOARD OF WATER COMMISSIONERS (WATER BOARD) – Current Organization Chart in APPENDIX D. Our recommendation is to move the water distribution function of the City to the Public Works Department and create a Utility Division within the department. As suggested in Appendix E, creating a utility division under public works would lead to better efficiencies for both entities. As we found when examining the peer cities, none of them function with a separate water board. Most municipalities either have a privately held system or one that is controlled by a district or authority with their own taxing authority, if it is not currently a function of the city. Under the proposed Appendix E, the current water function would be combined with the existing sewer function within public works to create the utility division. This would create a more cohesive work group. It would also allow for the administrative position to be fully allocated to public works and address the absence of administrative assistance in public works. Under this scenario, the water billing function would be moved to Finance and absorbed through their current sewer billing function. This would eliminate the need for a General Manager. If engineering is kept as a part of public works, any capital planning or engineering work could be absorbed by them or continue to be contracted as it is now under the Water Board. The Water Board could still function in a similar capacity as other boards of the City, i.e. Human Rights, Downtown Parking, Parks, etc. or it could be eliminated. It may be appropriate to have a Board participation as part of future rate studies or with capital planning but would not necessarily need to meet on a regular basis. Obviously, this would depend on the approach taken to merge the water distribution function with the public works department. In review of the documentation related to the Water Board operations, we believe it is clear that in order to incorporate the Water Board into the public works department it would take a Charter amendment. While that may not be the popular choice, it is the most economically and effective choice to ensure that operations will be efficient. The water system is already experiencing failures due to the age of the system and that will continue as the system ages. Having a system that is supported by various levels of oversight and management, will allow for stronger capital planning as well as the costs associated with them. This can be done when budgets and capital planning are included with the city’s as many of their capital needs will coincide with the city’s capital needs. That being said and in absence of the City Council wanting to pursue that avenue with the voters of Stillwater, we can offer the following observations that may make the relationship stronger. GovHR USA 19 | Page Current City Charter: We would suggest a legal review of the language of Article 13.08 of the City Charter to determine if the Water Board has the ability to receive funds and then transfer them to the City. It appears in reading the language that monies due on a water account from any source, shall be paid to the Treasurer (City Treasurer by ex officio office). It was our understanding that this was not the case and water payments are being made to the water office. Perhaps it is our interpretation of the code, but worth noting as an additional fiscal control of funds. It also states that the City Treasurer will receive additional compensation fixed by the Board for services performed pursuant to this article. We are simply pointing out this statement as a matter of detail. We do not find an article in the City Code that forbids a Council member from being appointed to the Board of Water Commissioners. Therefore, if we are correct, the Board of Water Commissioners could also be made up of City Council members. The Code does state that a member of Council cannot be employed by the Water Board or the Library Board. If the elections overlap the terms of the Water board, then the City Council has the right to appoint another member to the Water Board. It should also be noted that at the time of this assessment, the last available minutes of the Water Board on-line was September 13, 2019. Notwithstanding any code that states differently, we believe transparency is key to any local government and prior to that date there seems to be an accurate accounting of the Water Board Minutes. We do find it strange that at that meeting there was a discussion of a merger between the City and the Water Board and also a discussion about them being a part of this analysis and then no additional minutes are available of the Board meetings on-line. As an arm of the City, they should function with the same transparency and follow local and state laws related to open meetings. With that noted, perhaps at the very least, the City and the Water Board could enter into a Memorandum of Understanding (MOU) about how each could work with the other to have a more transparent relationship. The MOU could establish consistent reporting mechanisms on both operational matters as well as budget. The MOU could include language stating that the Water Board will follow City policy and open meeting laws, and also language to clarify reporting to City Council and Administration for budgeting process and review. The MOU could also clearly outline what services the City can provide, such as IT, Accounting, Human Resources and what the expectations are so that both parties have accountability and both parties can gain operational efficiencies and more importantly the public is best served. There is a higher level of scrutiny on public water systems due to the Flint, MI crisis and cities need to provide a high level of transparency to maintain public trust. The Water Board operates as an arm of the City and should be following a higher transparency requirement even if self-imposed. GovHR USA 20 | Page Options for City and Water Board interaction: In meeting with the members of the staff of the Water Board, they were forthcoming with ideas and opportunities for the two entities to continue to work together. While many of the staff understand that the separation of the water distribution function is not the norm for most cities, whether in Minnesota or other states, it does seem to function. We believe that the sense of function by internal employees and not necessarily externally by residents. Most resident interaction with municipalities on a normal basis is often with a function of public works unless utilities are held by private entities. In this case the Water Board is not a separate entity, but an arm of the local municipality. Therefore, residents are often confused by where to call with questions, emergencies, billing or submission of payments. Offering conveniences to the public ultimately leads to better efficiencies for local governments, i.e. “one stop shops” as discussed above, on-line payment options/paperless billing, balloting options, etc. This also ties into the action plan in the City’s Strategic Plan for the “Branding Initiative”. If residents do not know who to call when they have a water issue or if they are speaking with someone outside of Stillwater and can not explain how the water system operates, it can create a branding issue for the community. Economic Development comes in a variety of ways and is often enhanced by a resident’s ability to discuss the advantages of Stillwater over another community if they happen to be engaged in that type of conversation. Residents are often the number one selling component for a community and having them engaged with an understanding can only provide enhanced communication. If the entities continue to function separately, efficiencies could be achieved through a single billing avenue. As noted above, it would seem reasonable that the City should be the avenue for this process given their availability of resources and in general, it is where residents expect to have their questions answered. At the time of our employee meetings, the Water Board administrative position was being vacated and now has been filled. This would not preclude the city from performing billing functions in the future. The costs in personnel, paper and an ever-increasing postage rate would be justification to have a combined billing process. While the Water Board and the City do share a couple of services, i.e. IT and GIS, there are so many other avenues that could be shared and ultimately reduce costs for both entities. Given that most municipalities lack the resources to fully communicate with residents in all forms of available media devices, the sharing of those resource costs would be logical. The Water Board mentioned they were in the process of building a website which is just one example of how the two entities could be working together. The City already hosts a page for information on the Water Board and most residents will look to the City website for information. It seems ineffective for the Water Board to maintain a separate website and a separate brand when they currently have limited information on their website and much of it is outdated and also have limited IT resources. GovHR USA 21 | Page While both entities mentioned that it was rare for them to share equipment, it does not mean that sharing equipment in the future could be a significant cost savings to both entities (unless they are combined). Having equipment purchased by each entity without it being fully utilized is a burden on the taxpayers. Much of the equipment used by utility services like water and sewer is very costly and not necessarily used on a regular basis for a city the size of Stillwater. Using equipment for excavation, hydro-excavating, cleaning lines and/or slip lining could be shared between the City and the Water Board. Given that the cost of some equipment is well over $100,000 to purchase, it may be worth at least exploring the possibilities which could also be done through a leasing program. In the coming years, Stillwater will continue in its efforts to encourage water conservation. This should be a City-wide effort and not just that of a small Water Board with limited resources. If the Water Board wanted to launch a campaign in the future, it would need to contract with other outside agencies, and this is generally costly and often a deterrent for running such a broad campaign. But combining with the City can help to increase awareness as well as encourage other avenues. Given the uncertainties of the White Bear Lake issues, it would be in both party’s best interest to work together. It is also our understanding that the Water Board will be undertaking a rate study in 2020. In the past, it is also our understanding that there have not been coordinated water and sewer rate studies. While one is not dependent on the other, they both have a significant effect on the end users, the residents and businesses of Stillwater. A concerted effort should be done to implement these rate increases together so they satisfy the needs of the operations, but also have the least amount of impact to the residents. A typical resident will not know if they are paying more for water or sewer and either way, it is the city council that will be fielding the majority of those questions. ST. CROIX VALLEY RECREATION CENTER – Current Organizational Chart in APPENDIX F The City currently contracts with a third-party vendor for operations of its ice rinks, turf and dome and associated recreational programming. The venture is profitable for both the City and vendor. From interviews with the vendor and city staff, there is regular communication between the parties and financial transactions follow prescribed procedures. The City benefits from the vendor’s ability to solicit donations and partnerships and the vendor understands that all such partnerships must be approved by Council and often seeks guidance from City Administration before pursuing and/or finalizing agreements. The current reporting is through the City Administrator as the City does not have a Recreation Department, although we would note that on the current organizational chart, it appears the reporting is through the Public Works Department. We do note that a Council Member serves as an active liaison, but not in a formal capacity and as such the level of interaction can vary with the appointed Council liaison. We recommend that the organizational chart be adjusted to reflect the current practice of reporting to the City Administrator. See APPENDIX A & F. GovHR USA 22 | Page As noted above, the venture is profitable, at least from the operation standpoint and a portion of capital debt is funded by operating revenues – a rarity in municipal parks and recreation operations. Therefore, we do not recommend that the City make major changes to the relationship. At this juncture it would not be economical or advisable for the City to undertake its own recreation department especially when there is overall satisfaction with the current service levels. We do recommend the city work to formalize the reporting structure, i.e. monthly and/or quarterly reports on recreation programs, participants, revenues, expenses. A quarterly report to the Park Board would also be of value and connect some of the physical assets with recreation programming. The City’s venture is not without risk. The City should be mindful of the long-term relationship with the current vendor and the vendor’s sustainability. The City is fortunate that the current vendor is locally based and both knowledgeable and invested in the Stillwater community. Should that relationship change, the City could be at risk to find a vendor who could offer the same complement of services and connection to the community. Greater documentation of programming and capital planning could help the city mitigate future problems if there is a need to change vendors or if the City would at some point in time need to consider establishing an in-house recreation department. St. Croix Valley Recreation Center does interface with Public Works for the purpose of maintenance of facilities and exterior space maintenance and repair. It would be beneficial to have a clear agreement in place that defines areas of responsibility and provides the vendor a direct point of contact for maintenance needs. EXECUTIVE SUMMARY Through this analysis we have offered various findings and recommendations and in some instances options for implementing those recommendations. The goal was to offer expert opinions on current operations and how they can be enhanced or improved for better delivery of public works services through increased efficiencies. The end result would be more effective delivery of public works services for the residents and visitors of the City of Stillwater. The study team's efforts were focused on gaining an understanding of the present organizational structure and staffing of service delivery/operational approaches of the City, comparing those findings to present day models of similar organizations, and making recommendations for revisions, enhancements, and adjustments where necessary. Managing for service delivery in the public sector primarily consists of balancing the three classic concerns of public administration. • Effectiveness—getting the right things done • Efficiency—accomplishing them in the right ways • Economy—limiting the use of scarce resources GovHR USA 23 | Page Balancing these three concerns requires a coordinated policy analysis and management approach. We recommend the following, 1.It is recommended that the Water Board functions should be merged with the Department of Public Works, AND 2.The Engineering function should either be moved to a separate department or combined with Community Development/Building Inspections. (new Organizational Chart in APPENDIX G) 3.If engineering remains a part of Public Works, there should to be stronger relationship building between the divisions within Public Works and create a team approach to problem solving. (Appendix E) 4.Create divisions within the Department and appoint a supervisor over each division. This will eliminate the need for a Superintendent and Assistant Superintendent in the department. 5.Examine areas within the department that can be contracted so greater efficiencies are created for work remaining in-house. Suggested areas: pothole patching, striping, fleet services, mowing, etc. 6.Evaluate the “informal” break time agreement between the union and management to create better efficiencies and allow for additional time in the field to accomplish more tasks. 7.Appoint an administrative person to be housed at the public works department either through the merger with the Water Board or shared with other functions of public works (even if on a part-time basis initially). 8.Continue to invest in technologies that help improve operational efficiencies within the department and do not burden employees with administrative tasks. 9.Institute Leadership Succession Planning at all management levels. Identify maintenance workers that potentially may fill management roles in the future and offer supervisory, management and leadership training to them. 10.In the absence of a merger with the Water Board, create a Memorandum of Understanding that specifically outlines reporting mechanisms, roles and responsibilities, and shared responsibilities going forward. 11.Create a reporting mechanism for the St. Croix Valley Recreation Center that would be done quarterly with the Park Board and City Administrator and begin to document procedures and programming. CONCLUSION These recommendations taken in total reflect what we said at the beginning of this section of our analysis, which is: we looked to the City of Stillwater for what their coordinated, strategic view is of the public works function through the prism of how it delivers on the City’s mission, goals and objectives. The City can achieve that strategic coordination through examining the thoughts we have offered and examining their organizational and fiscal abilities. Today’s modern public works department is an integral and critical component of the City’s function. If public works is not functioning effectively, then residents and businesses know it immediately. The Stillwater Public Works Department has a dedicated and TALENTED group of employees who work very hard to ensure that Stillwater residents and businesses receive excellent service. GovHR USA 24 | Page All organizations can improve in some areas and we believe that with a focus on the issues raised here, the department will continue to thrive and be a shining star for the community. GovHR USA appreciates the opportunity to work with the City on this important study and we wish you the very best going forward. APPENDIX City of Stillwater Department of Public Works Organizational Chart APPENDIX ASource: Request for Proposals Pn b;l.; W( rkii Di:·e,·trr {1 if / EJ nglneerlng Department Assistant City Engi neer ~1 FTE) ~ ·1·F 1'tf ·~r.r~("~•n~-r lr'.,1~ ·n ;Fi i:1,!.,1~1,J.,. I O ' i{ ~ r! +.r-•11'1 '. Public Works Departme,i~ Pu b li s.Work uperlntendcnt l FTE ORGANIZATIONAL CHART Director of Public Works/City Engineer Administrative Position ENGINEERING DIVISION Assistant City Engineer (1) STREETS & UTILITIES (or INFRASTRUCTURE DIVISION) Public Works Superintendent Maintenance Worker(s) IV & III PARKS AND FLEET DIVISION (or PARKS AND SPECIAL EVENTS) Public Works Superintendent Engineering Tech IV (1) Engineering Tech III (1) Lead Worker Utilities (1) Maintenance Worker(s) IV & III Lead Worker Streets (1) Lead Worker Parks (1) Lead Worker Fleet (1) Maintenance Worker(s) IV & III Notes: 2 Divisions created (shown in green) Span of Control for Director of Public Works increases by 1. Maintenance Workers IV & III would be distributed as needed. Seasonal Workers would be distributed as needed. APPENDIX B ORGANIZATIONAL CHART Director of Public Works Administrative Position STREETS & UTILITIES (or INFRASTRUCTURE DIVISION) Public Works Superintendent Maintenance Worker(s) IV & III PARKS AND FLEET DIVISION (or PARKS AND SPECIAL EVENTS DIVISION) Public Works Superintendent Lead Worker Utilities (1) Maintenance Worker(s) IV & III Lead Worker Streets (1) Lead Worker Parks (1) Lead Worker Fleet (1) Maintenance Worker(s) IV & III Notes: 2 Divisions created (shown in green) If Engineering Division is made a separate department or if it is combined with other City Departments, the Span of Control for the City Administrator could increase by 1. Depending on how the Maintenance Workers IV & III are distributed, each Public Works Superintendent should have equal span of control. During special events and snow operations, they will be shifted. Maintenance Workers IV & III would be distributed as needed. Seasonal Workers would be distributed as needed. APPENDIX C City of Stillwater Board of Water Commissioners Organizational Chart APPENDIX DSource: Request for Proposals ater 0~1:.mrlmt!r1t <;,,p I;' ,v,sor ORGANIZATIONAL CHART Director of Public Works/City Engineer Administrative Position ENGINEERING DIVISION Assistant City Engineer (1) STREETS DIVISION (with surface/storm and fleet) Streets Supervisor PARKS DIVISION (or PARKS AND SPECIAL EVENTS) Parks Supervisor Engineering Tech IV (1) Engineering Tech III (1) Lead Worker Fleet (1) Maintenance Worker(s) IV & III Lead Worker Streets (1) Lead Worker Parks (1) Maintenance Worker(s) IV & III Notes: 3 Divisions created (shown in green) Span of Control for Director of Public Works increases by 2. Superintendent and Assistant Superintendent positions are replaced by 3 supervisor positions. If Fleet is kept in house, it would be combined with Street otherwise it would be eliminated. Maintenance Workers IV & III would be distributed as needed. Seasonal Workers would be distributed as needed. APPENDIX E Utilities Supervisor UTILITIES DIVISION (former Water Board combined DPW sewer function) Lead Worker Water (1) Lead Worker Sewer (1) Maintenance Worker(s) IV & III Maintenance Worker(s) IV & III City of Stillwater St. Croix Valley Recreation Center & Lily Lake Arena Management Agreemnet Organizational Chart APPENDIX FSource: Request for Proposals Clerieial (1) L Olly 0f Stli1'Natet Cl Ly Council St. Crn·ix Bba,t & Packet Faci l i'tl{ M.anagcer (1) Assistant Facility Ma111ager(1) Skating Director (1) Skate Fitter (1) ORGANIZATIONAL CHART Director of Public Works Administrative Position STREETS DIVISION (with surface/storm and fleet) Streets Supervisor PARKS DIVISION (or PARKS AND SPECIAL EVENTS) Parks Supervisor Lead Worker Fleet (1) Maintenance Worker(s) I & IIIV Lead Worker Streets (1) Lead Worker Parks (1) Maintenance Worker(s) IV & III Notes: 3 Divisions created (shown in green) If Engineering Division is made a separate department or if it is combined with other City Departments, the Span of Control for the City Administrator could increase by 1. Span of Control for Director of Public Works increases by 2. Superintendent and Assistant Superintendent positions are replaced by 3 supervisor positions. If Fleet is kept in house, it would be combined with Street otherwise it would be eliminated. Maintenance Workers IV & III would be distributed as needed. Seasonal Workers would be distributed as needed. APPENDIX G Utilities Supervisor UTILITIES DIVISION (former Water Board combined DPW sewer function) Lead Worker Water (1) Lead Worker Sewer (1) Maintenance Worker(s) IV & III Maintenance Worker(s) IV & III City of Stillwater Public Works Organizational Study Peer Cities City Stillwater Forest Lake Oakdale White Bear Lake South St. Paul Hastings Population 19,835 20,220 28,083 25,888 20,242 22,722 Square Miles 9.08 35.53 11.31 8.72 6.1 11.13 Budget (including utilities)$18.7 M $19 M $22 M $15 M $20.2 M $21 M Public Works Divisions 2 Divisions:2 Divisions:5 Divisions:3 Divisions:5 Divisions:2 Divisions: 1. Engineering:1. Streets 1. Engineering 1. Engineering 1. Administration 1. Engineering 2. Public Works 2. Utilities 2. Environmental 2. Public Works 2. Central Garage 2. PW Maintenance and Operations 3. Parks 3. Environmental Services 3. Parks 4. Streets & Fleet 4. Streets 5. Utilities 5. Utilities FTEs 24 12 26.75 27 22 19 Street Miles 80 130 92 114 112 105 Park Acres 317 250 766 430 240 400 Sanitary Sewer Lines (Miles)90 90 118 120 77 80 APPENDIX H 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES January 7, 2020 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos Library Director Troendle Facilities Manager Mick Greiner City Clerk Wolf OTHER BUSINESS Ameresco Energy Audit Review City Administrator McCarty presented information from Ameresco, an energy assessment firm. Ameresco guarantees that the City’s savings in energy costs will cover the cost of the debt to implement the measures they recommend. If the Council is amenable, staff will bring back a resolution to enter a contract with Ameresco for an investment-grade audit. The estimated cost of implementing the energy saving measures is $750,000-$1 million, which would be paid back over time with the savings in energy. Councilmember Weidner asked if these costs could be in the budget this year; and Mr. McCarty answered yes because the monies are in the budget in the form of operating costs for energy. The savings would cover the cost of the borrowing to do the work. Councilmember Polehna questioned how does it pay for itself; and Mr. McCarty replied that the cost of their investment-grade audit is not an up-front dollar cost. It is rolled into the cost of doing the project overall. If Ameresco does the audit and the City does not do the projects, the City would owe the company $30,000. If the City does the projects, the City could consider short term borrowing over 10-12 years and use the cost savings of energy to pay down the cost of the borrowing. If the City’s energy savings cannot cover the cost of those debt payments, Ameresco makes up the difference. Councilmember Polehna inquired how this is different from what Xcel energy does; and Mr. McCarty responded the difference is that under statutory authority, Ameresco can do the audit and serve as the construction management design/build firm, rather than the City having to go out for bids. City Council Meeting January 7, 2020 Page 2 of 7 Mayor Koslowski asked if the City saves more than anticipated, does the City keep the cash; and Mr. McCarty answered yes. Erik Laumeyer further explained that some things like new lighting have a short term payback. Others such as boiler and roofs have a longer term payback. The benefit of using Ameresco is that the City can pay for some of the older items in a cohesive manner over the next 6-12 months instead of waiting for it to break down. Ameresco’s preliminary assessment indicated that everything they would replace would require a 20 year payback or less. The next phase is to further develop Energy Conservation Measures (ECMs). City Attorney Land informed the Council that contracting with Ameresco would require a public hearing because it involves a municipal contracting law exception. The contract probably would not be ready for the next Council meeting, but staff will bring it back when ready. Facilities Manager Greiner added that there is an advantage in using Ameresco’s engineers. He recommends entering the contract. The consensus of the Council was to move forward with Ameresco. Strategic Plan Update City Administrator McCarty reported on updated strategic plan goals. He listed items that have been accomplished and that are underway: implementing the organizational study recommendations, an RFP for the public works organizational review, implementation of the GreenSteps Cities programs, a TIF analysis, the Aiple property master plan, Highway 36/Manning activities, completion of the Comprehensive Plan, Chestnut Street pedestrian plaza design study, and the Bergstein buildings study. Planning Department Work Plan Community Development Director Turnblad informed the Council that substantial progress has been made on the list of projects that the Planning Division was either to complete in 2019, or to begin in 2019, and finish in 2020. He reviewed the projects and their status as well as those activities not addressed in 2019. STAFF REPORTS Police Chief Gannaway stated that the City was notified yesterday that a Level 3 sex offender will be moving into Ward 1. By law a community meeting must be held. The meeting is set for January 16 at 6 p.m. He reminded the Council of the Police Association Benefit on January 18. Fire Chief Glaser reported that there were two fires before Christmas and many accidents during last Saturday’s ice storm. Community Development Director Turnblad updated the Council on the potential use of the Aiple residence by the rowing club. He reviewed the improvements that would be needed to convert the building in various ways. Use for cold storage only would be very doable. To adapt the inside for other uses would be expensive. He also provided info on the guidelines for use of the property. No commercial use is allowed under the terms of the funding sources. A specific set of codes must be met to open it to occupancy. For public use, standards are high. City Council Meeting January 7, 2020 Page 3 of 7 Councilmember Polehna stated it has been made clear to the rowing club that it cannot be private, that there has to be public benefit to the whole project. Mayor Kozlowski stated the next step is staff meeting with the rowing club and building official. Public Works Director Sanders stated the wall next to the Main Street Stairs will be painted and the sidewalk repaired in the spring. Councilmember Polehna stated he is working on the bridge reopening celebration. Staff is trying to get the permit from MnDOT. Library Director Troendle informed the Council of a special program to celebrate 100 years of women’s right to vote and other events occurring at the library. RECESS Mayor Kozlowski recessed the meeting at 5:47 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Public Works Director Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 34th Military Police Company Proclamation Councilmember Polehna presented a proclamation acknowledging the 34th Military Police Company, Stillwater, for being the first Army National Guard Unit to earn the Major General Harry H. Bandholtz Award. Human Trafficking Awareness Proclamation Mayor Kozlowski read the proclamation designating January 11, 2020 Human Trafficking Awareness Day. Reschedule Curling Club tour Community Development Director Turnblad stated the tour of the St. Paul Curling Club will be rescheduled because it needs to be published as a special meeting of the Council. City Council Meeting January 7, 2020 Page 4 of 7 OPEN FORUM There were no public comments. CONSENT AGENDA December 17, 2019 regular and closed session meeting minutes Payment of Bills Resolution 2020‐001, resolution adopting 2020 Fee Schedule Resolution 2020‐002, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute Resolution 2020‐003, Designation of Depositories for 2020 Resolution 2020‐004, approving appointments to the HPC Ordinance Update Advisory Committee Resolution 2019‐005, approving the Minnesota Historical Society Minnesota Historical & Cultural Heritage Grant acceptance form Temporary Liquor License for Frozen Flannel Bonspiel Event License to Use Real Property at Lily Lake Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2019‐25 to consider amending the City’s sign regulations. Motion by Councilmember Weidner, seconded by Councilmember Junker, to table Case No. 2019‐25 to the February 4, 2020 meeting. All in favor. CPC Case No. 2019‐64 for the consideration of a Zoning Map Amendment to rezone properties located in the Heritage Ridge Development. Properties located at 602-608 Heritage Place. Community Development Director Turnblad reviewed the case. On September 5, 2017 the Council approved a preliminary plat for Heritage Ridge (formerly known as Hazel Place). A condition of approval was that the entire property shall be rezoned to RA – One Family Residential prior to the issuance of a building permit. The Heritage Ridge final plat was approved August 21, 2018. On December 19, 2019 the Planning Commission recommended approval of a Zoning Map Amendment to rezone Heritage Ridge properties to RA – One Family Residential. Staff finds the general community welfare will be furthered by rezoning the properties in Heritage Ridge and finds the proposed rezoning to be consistent with the 2040 Comprehensive Plan. The Planning Commission and staff recommend approval of the rezoning of 602-608 Heritage Place to RA – Single Family Residential. Mayor Kozlowski opened the public hearing. James Purcell, 2001 Hazel Court, stated the neighbors support the rezoning. Mayor Kozlowski closed the public hearing. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt first reading of an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by amending the Zoning Map of the City of Stillwater to rezone certain property within the RB- City Council Meeting January 7, 2020 Page 5 of 7 Two Family Residential District by adding them to the RA-One Family Residential District. All in favor. CPC Case No. 2019‐71, request by Valley Ridge Holdings, LLC, property owner and Gordon Skamser Jr., applicant, to appeal HPC 2019-21, denial of a Design Permit for the modification of a multi-tenant sign plan, and CPC 2019-46, for a Variance to the sign code. Community Development Director Turnblad explained that Gordon Skamser Jr. of Norman Quacks installed four exterior signs on his tenant space at Valley Ridge Mall without approved sign permits. The size and placement of the signs require variances to the Zoning Code and a revision of the approved sign plan. The building owner is OK with approving an amendment to the master sign plan for the building. Mr. Skamser is appealing the Planning Commission’s denial of a variance to allow an existing nonconforming sign to extend higher than the parapet and be situated greater than 20’ in height, and a design permit to allow the existing signs. Staff acknowledges the duck and arrow signs are unique and draw attention to this unique tenant space. However, allowing them could set precedent that illegally installed signage is okay and that any tenant in a multi-tenant building can alter the multi- tenant sign plan to conform to their individual desires. Staff believes the signs do not fit in this location on this building and practical difficulty has not been met, and therefore recommends denial of the Variance and Design Permit amendment requests. Councilmember Junker asked if the Council approves this, would it allow other signs to be installed above the sign band; and Mr. Turnblad answered that the building is allowed “x” square footage of total signage. The building owner may allocate it to various tenants. If the Council approves of the design permit amendment, staff will bring back a resolution detailing the changes: 1) neon; 2) placement on the architectural feature; and 3) allowing 80 square footage of signage in that location. Mayor Kozlowski opened the public hearing. Francis Skamser Lewis, the applicant’s daughter, stated her father Gordon Skamser Jr. is unable to attend due to an unexpected medical concern tonight. She offered to answer questions. She pointed out that neon is not prohibited by the sign plan. Her father and mother have been in the restaurant business for 40-45 years and know what signs make a business successful. When the sign was installed, the business owners were under the impression it had been approved by the City. There was a misunderstanding between the sign professional and a City staff member. The sign does not conform to the City code and the applicants are not sure why. They think it is a great sign appropriately proportioned to the space and the building. Councilmember Collins questioned if the sign could be lowered so it falls more within the height restrictions; and Ms. Skamser Lewis replied there is no way to nudge the sign down without removing the pergola, which is permanently affixed to the building. The sign cannot be altered by making it smaller. Marty, the sign designer, explained that the landlord approved of the location of the sign and neon is allowed according to the sign plan. He was swamped at the time and was trying to get the sign up. When he went a couple times to the City and asked about it, at one point it seemed like it would be ok, but when it was done it was not approved. Councilmembers Weidner and Polehna stated they like the sign. City Council Meeting January 7, 2020 Page 6 of 7 Mayor Kozlowski closed the public hearing. Councilmember Junker pointed out that as a former tenant in the building and a member of the Heritage Preservation Commission (HPC), he feels the sign should be within the sign band at the strip center to be fair to all the other tenants whose signs are compliant. The Planning Commission and HPC voted not to allow the variances. Councilmember Collins indicated that he likes the sign, but feels it would encourage other businesses who would want to install non-compliant signs. City Attorney Land reminded the Council this is an appeal of the decision of the HPC and Planning Commission, so what they would be doing is overturning both of those bodies’ decisions. She recommended that the Council adopt findings of fact and staff bring them back in the form of a resolution to adopt at the next meeting. The findings of fact will include that the Council believes the appeal meets the definition of practical difficulty and that the property owner did not create the circumstances that led to the variance. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to overturn the HPC and Planning Commission denials and approve the variance. Ayes: Councilmembers Weidner, Polehna and Mayor Kozlowski Nays: Councilmembers Collins and Junker CPC Case No. 2019‐70, request by Jeffrey and Patricia Pratt for a Re-subdivision of the property located at 7960 Minar Ave N in the RR district. Case Changed, Public Hearing will be rescheduled Motion by Councilmember Polehna, seconded by Councilmember Junker, to continue the public hearing for CPC Case No. 2019‐70. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Designation of Vice Mayor Motion by Mayor Kozlowski, seconded by Councilmember Junker, to adopt Resolution 2020‐ 006 designating Council Vice Mayor for 2020. Ayes: Councilmembers Collins, Junker, Weidner and Mayor Kozlowski Nays: Councilmember Polehna Council Representative Appointments to Boards and Commissions City Clerk Wolf presented the proposed list of appointments. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2020‐007, designation of Council Representatives for 2020. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna stated the Human Rights Commission will be partcipating at the Dr. Martin Luther King, Jr. Day breakfast, January 20, at St. Peter’s Church. City Council Meeting January 7, 2020 Page 7 of 7 CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn to closed session, pursuant to Minn. Stat. §13D.05, subd. 3(b) to discuss attorney-client privileged communication regarding 121 Chestnut Street East. All in favor. The meeting was adjourned to closed session at 7:57 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Also present: City Administrator McCarty, Community Development Director Turnblad, City Attorney Land and Attorney Peter Mikhail. Motion by Councilmember Weidner, seconded by Councilmember Junker, to reopen the meeting. All in favor. The meeting was reopened at 8:36 p.m. ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:37 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2020‐001, resolution adopting 2020 Fee Schedule Resolution 2020‐002, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute Resolution 2020‐003, Designation of Depositories for 2020 Resolution 2020‐004, approving appointments to the HPC Ordinance Update Advisory Committee Resolution 2019‐005, approving the Minnesota Historical Society Minnesota Historical & Cultural Heritage Grant acceptance form Resolution 2020‐006 designating Council Vice Mayor for 2020 Resolution 2020‐007, designation of Council Representatives for 2020 Page 1 LIST OF BILLS Abdullah Reabar Reimburse for CEAM membership 315.00 Advance Auto Parts Equipment repair supplies 164.35 Amdahl Locksmith Inc Chris Keys made 156.40 Aspen Mills Uniforms & supplies 653.34 Bain Audrey Refund of utility overpayment 136.12 BlueCross BlueShield of MN Inc.Retiree Health Ins 3,542.00 Board of Water Commissioners Payable 2019 WB Assessments 10,796.31 Bureau of Crim. Apprehension Terminal access charge 270.00 Burks Tree and Landscape Care Tree Care 2,197.00 CDW Government Inc.Scanner & supplies 519.83 Century Power Equipment Scraper blade 83.14 Cintas Corporation Uniforms & mat cleaning service 567.86 CM Construction Company Grading Escrow Refund 5,000.00 Comcast Internet & Cable 184.25 Compass Minerals America Inc Salt 4,605.49 Computer Integration Technologies Heirloom & Landmark Website 248.00 Dalco Janitorial supplies 819.08 DVS Renewal License renewal - tabs 827.75 ECM Publishers Publications 389.80 Enterprise FM Trust Lease vehicles 15,580.26 FleetPride Equipment repair supplies 904.91 Flexible Pipe Tool Co.Equipment repair supplies 137.95 Frontier Ag & Turf Equipment repair supplies 1,239.98 Grainger Equipment repair supplies 953.72 Guardian Supply Uniforms & supplies 477.64 Hoisington Koegler Group Inc Parking study 570.00 IDC Auotmatic PD door repairs 3,238.50 Jefferson Fire and Safety Inc.Equipment 413.86 Kiesler Police Supply Ammo 407.00 League of MN Cities Ins Tr Claim 73209 1,000.00 Lee's Commercial Weather Meteorological services 770.00 Lincoln National Life Insurance Co COBRA Life Insurance 14.40 Loffler Companies Computer Equipment 4,724.69 Mansfield Oil Company Fuel 11,098.61 Marshall Electric Company Brick street lift station 150.00 Menards Supplies 2,390.71 Metro Cities Membership 7,119.00 Metropolitan Council Wastewater Charge 166,640.34 Minnesota Occupational Health Drug & Alcohol testing 577.75 Mitchell Ryan Reimburse for prepaid cellular card 37.49 MK Mechanical Inc Boiler & water heater repair 9,153.50 MN Dept of Labor and Industry License renewal 100.00 MN Dept of Transportation Material testing 886.92 MP Nexlevel LLC Locating 343.75 NEOPOST USA Inc.Postage machine supplies 418.30 Page 2 Norcuitt Homes Inc Grading Escrow Refund 1,500.00 Nuss Truck & Equipment Equipment repair supplies 273.20 Office Depot Toner 192.86 O'Reilly Auto Parts Equipment repair supplies 18.92 Oxygen Forensics Inc Oxygen Forensic Detective Renewal 2,899.00 Pereboom Jesse Reimburse for mileage 290.58 Performance Plus LLC Medical screening 1,537.00 PermitWorks LLC Software support 4,485.00 Quill Corporation Office supplies 188.06 Roadkill Animal Control Roadkill pick up 432.00 Safe Fleet Mobile Vision Camera & Computer Equipment 5,171.00 Schwaab Inc.Stamp 39.75 SEH Inc Downtown lighting study 1,065.00 Service on a Shoestring Recycling Coordinator Services 10,596.00 Simplifile LC Filing fee 150.00 Springbrook Software Monthly UB web payments 161.00 Stillwater Glass Inc.Equipment repair supplies 324.17 Stillwater Medical Group Medical screening 3.00 Stillwater Motor Company Vehicle service 147.02 Stillwater Rotary Club Membership 380.00 SW/WC Service Cooperatives Retiree Health Insurance 68,768.93 Tec Inc Remote telemetry unit 6,935.00 Thomson Reuters Information Charges 146.20 Titan Exteriors Refund canceled permit 257.00 Toll Gas and Welding Supply Cylinders 45.38 Tri-State Bobcat Equipment repair supplies 351.02 Truck Utilities Inc.Dump Truck 45,442.00 UHL Company Door lock repair 283.00 Urbina Alysia Reimburse money held as safekeeping 333.00 Voyant Communications Phone 519.43 VSA Inc Behringer Passive DI box 30.00 Washington Conservation Distr Shared Educator 675.00 Washington County Sheriffs Office Annual Fees 45,168.31 Washington Cty Fire Chief Assoc.Membership 50.00 Water Doctors Water Treatment Filter service 193.00 Xcel Energy Energy 11,146.74 REC CENTER 1ST Line/Leewes Ventures LLC Snacks for concessions 1,277.00 BMI General Licensing Music license 364.00 Canteen Refreshment Services Concession supplies 752.69 Cintas Corporation Mat cleaning service 103.00 Coca-Cola Distribution Beverages for concessions 1,533.60 Comcast Internet 109.85 J.H. Larson Company Equipment repair supplies 4.37 Lindstrom Solar LLC Solar Energy 1,484.36 Page 3 Maritronics Ltd.Equipment repair supplies 140.00 Menards Supplies 128.05 Miller Excavating Equipment repair supplies 1,724.78 Northland Chemical Corp Supplies 301.19 Pepsi Beverages Company Beverages for concessions 795.15 Pioneer Manufacturing Co.Equipment repair supplies 215.15 Riedell Shoes Inc.Skates 674.28 Tri-State Bobcat Boom 2,100.00 Twin Cities Dots & Pop Treats for concessions 652.08 CREDIT CARDS Amazon.com Supplies 263.84 Brownells Inc Rifle suppressor covers 229.72 Eventbrite Input to Action training 80.00 Grand Pizza & Catering Dinner for BFD staff 54.43 Green Light Depot Light fixtures 677.66 Hisdahl Inc Name plate for Tim Peltier 14.00 Home Depot Supplies 90.66 Lake Superior College Recertification - Jurek 300.00 Lighthouse Uniform Co 2 dress uniform hats 148.69 MN Secretary of State Notary Commissions 253.00 MPSTMA Fall work shop - PW 100.00 National Business Furniture Executive chair 354.92 Panera Bread Legislative meeting sandwiches 72.86 Retrax Replace lost keys for pick up 10.00 Sam's Club Break room supplies 124.75 Science Museum of Minnesota Computer training - Schmid 517.00 Storm Training Training - Frank 721.00 Survey Monkey Survey tool subscription 900.00 University of MN CCE Registration Building officials continuing education 1,605.00 Wells Fargo Bank MN NA Bank fees 78.00 West Marine Fuel separators for fire boat 17.20 LIBRARY Bredemus Hardware Co. Inc.Parking Ramp Doors 9,300.00 Brodart Co Materials 2,916.55 Comcast Internet 188.06 Culligan of Stillwater Water 48.45 Ebsco Publishing Materials 231.47 Faurot Kimberly Staff Reimbursement 496.54 Global Industrial Janitorial Supplies 68.90 Johnson Controls Fire Protection LP Maintenance Contract 1,685.66 Menards Janitorial Supplies 147.09 Midwest Tape Materials 1,429.38 Office of MN IT Services Phone 143.70 Page 4 Recorded Books Inc Materials 225.11 Soukup Lori Reimbursement 100.00 Washington County Library Materials 8,032.09 LIBRARY CREDIT CARD Amazon.com Supplies 498.54 Lakeshore Learning Materials Equipment - Juv Programming 171.04 TechSoup Adobe Acrobat Pro for Windows 55.00 DECEMBER MANUALS Dalco Custodial Equipment (SPLF)861.75 Group Medicareblue RX Retiree Prescriptions Ins January 2020 2,415.00 Postmaster Newsletter Postage 1,730.75 Xcel Energy Energy 25,108.23 Memo  To: Mayor and City Council From: Samuel Magureanu, Assistant Finance Director Date: 1/16/2020 Re: Abatement Request BACKGROUND Addresses: 2533 Hidden Valley Ln, 2512 Countryside Ct, 1346 Highland Rd, and 702 4th St N. PID: 32.030.20.22.0005, 32.030.20.22.0036, 32.030.20.13.0059, 28.030.20.21.0133 The above PID’s were assessed in error. For the first two PID’s, the owners paid the assessment balance in full using the Utility Billing online system rather than paying the balance at City (by check or credit card). Payments collected through the Online Utility system are recorded as payments for utilities rather than assessment payments. This issue was noted by the Utility Billing /Sr. Accountant Clerk while working on quarterly utility billing on January 13, 2020. As a result the assessment balances were not removed from the list that was certified at County prior to November 15th, 2019. The third PID was assessed in error as a result of typing error on the certification spreadsheet submitted to County. The fourth PID was paid off in full at the Water Board, however the Water board omitted to inform City to remove the balance before the certification spreadsheet was sent to County. RECOMMENDATION Staff recommends abating the assessments from the property taxes for the payable year 2020 for PID: 32.030.20.22.0005, 32.030.20.22.0036, 32.030.20.13.0059, 28.030.20.21.0133 ACTION REQUIRED If council agrees with staff’s recommendation, Council needs to pass a resolution abating the special assessments. CC: Sharon Provos – Finance Director A RESOLUTION APPROVING THE ABATEMENT OF SPECIAL ASSESSMENT WHEREAS, the following assessments were inadvertently assessed and need to be abated for taxes payable in 2020. PIN Number Description Assessment Amount Interest Rate 32.030.20.22.0005 2019 Street Improvement Project $2,809.34 2.75% 32.030.20.22.0036 2019 Street Improvement Project $2,809.34 2.75% 32.030.20.13.0059 2016 Street Improvement Project $200.33 3.50% 28.030.20.21.0133 2017 WB Water Service Repair $4,680.00 4.00% NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the special assessments, as stated above, are hereby abated. Adopted by the City Council this 21st day of January 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: January 17, 2020 TO: Mayor & Council FROM: Beth Wolf, City Clerk SUBJECT: 2020 Brian’s Bocce Ball Tournament Attached is a special event application for the annual Brian’s Bocce Ball tournament. This year’s event will be held on Saturday, February 22nd. The event is planned to be the same as previous years using the parking lot behind their establishment and in Parking Lot 3. Set up occurs on the day of the event however the Friday before sand is delivered and four parking spaces are needed. Cleanup takes place the morning after and complete by 10 am. The Downtown Parking Commission reviewed the application and recommends approval to use lot 3 in its entirety (33 spaces) for Sat 2/22 and Sun 2/23, as well as four spaces in lot 3 on Fri 2/21 for sand delivery. Public Works will drop off barricades for the lot closure and organizer will fence around the perimeter of the event. Alcohol will be consumed on the public parking lot therefore a consumption permit will be needed and one officer is required during the alcohol service. Alcohol sales will occur from inside their establishment. All services, permits, parking spaces, and materials will be charged according to the fee schedule and due to the City by February 17, 2020. ACTION REQUESTED If Council wishes to approve the special event and allow the use of the City lot for this event a motion to approve is needed. Attachment: 2020 Event Application R1:c1:,v1:o Dfc 16 zo1.n c · l7 er EVENTS PERMIT APPLICATION 1ty Of Sti/fw. ~'lfi.tf~t.g ate, · tatian THE llaTHPLACE Of IIINNllOTA 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for ap plicati on dea line and fees. Event Information Title/Name of Event Event Date/Time : Set up: Date 2 /2-2b Actual Event: Date 2.h2h,~ Clean up: Date 2-/2-s /J5J Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) Office Use Only Date Application Received ------ Type: Event Special Event Event w/ Contract Time C / oo.,e./Yl to ?/oo,4r1 Ti m e LO,' tJCl.,{}J1,, to LL/S??'PJ Time G ,1 c,o lf)y.n to / cJ / t1c1 /-JP'I (Events after 10:00 p.m. require a variance from City Council Description of Even t {plea se be s pecific -thls inform ation will be used &omote the~t on t he City o f Stillwater website) Btt1"8?V-·f /l ;r;,(ll 2JVO ~t,,(JL-~~t.E ~&'"~ ht//Z,,A//[n'1'1C~.r7" Estimated Attendance (participants and spectators): 2S" G ·-7' oo Applicant Information (Person/Group Responsible) Sponsoring Organization Name : 8£11cJJ.d ~ Mailing Address : Z/1 /11;?/p/s;-~· City, State, Zip Code : 577aw.@7CR , /?7~ SS"O(f2 , Primary Contact/Applicant Name: ·10/Jo M.,!-/ c· ,.,,,J Phone Number: 6.s'/.-S'Jl-3132 Fax: Cell Phone : 6!2-8CJJ-l8i g Email Address: Website Address: Name of contact person during event: ·;u;:;o ,Ale~o/V' Cell Phone : 612 ·-gtJ.J -I 818 Alternate contact during event : J/rcJt:-Oo,OtJE Cell Phone: 65'1 -~ o 2 ·-t/__" It/ Refer media or citizens inquires to : ·roo )/c~;v Phone: 612-?tl:J-/8/8 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No D Yes JKJ Number and size: I bi. ID Ori 'BU /t..f)JN6 Af?C-A Will there be any inflatables? No ~ Yes D Insurance certificate from rental vendor is required Will there be entertainment? No ~ Yes D What type : Fees for electricity may apply see Instructions Will sound amplification be used? No D Yes ~ Hours and Type: /()/OO/o/l'l i/Jl.s'1 Pm IM ,/-/Y/1/.S IC Will a stage or tent(s) be set up? No D Yes ~ Dimensions: . / I /D x/o Will there be temporary fencing? No D Yes ~ Will merchandise/food items be sold? No -Yes D How many Fees for electricity may vendors expected : apply see Instructions Will food be prepared on site? No ~ Yes D Contact Washington Caunty Health Department, 651-430-6655 Will cooking operations be conducted? No \Ji Yes D Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No D Yes ~ See Alcohol Regulations in the Instructions Will alcohol be sold? No Ci! Yes D See Alcohol Regulations in the Instructions Will there be a fireworks display? No ~ Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source . J/orvG Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available low City Services (After reviewing the event application, City services may be requrled for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right -of-way No D Yes~ Start/End Time : 6: 001JM-IZ..e1>1ate: 2/z.z $J City Sidewalks or Trails No D Yes D Start/End Time: Date: Public Parking Lots or Spaces No D Yes ID Start/End Time:6,1.r,,n --/2t:hn Date: 2/z.z /zo Will event need barricade(s)? No D Yes r&r Number needed: 12 Fees may apply see Instructions Will extra picnic tables be needed? No ~ Yes D Number needed : Fees may apply see Instructions Will portable restrooms be needed? No D Yes (29 Number needed: 2. Fees may apply see Instructions Will extra trash receptacles be needed? No J&1 Yes D Number needed : Fees moy apply see Instructions Describe trash removal and cleanup plan during and after event: Ba,f}1Vi 0/V-~I 1"?!' Pf/ r1 fJ S'1?-t€' Will event need traffic control? No ~ Yes 0 Contact Stillwater Police Department far assistance, 651-351-4900 Describe crowd cont rol procedure to ensure the safety of participants and spectators : ferv ce-o ;;J IJ/2G/8; Will "No Parking Signs" be needed? No D Yes Jg] Number needed : Fees moy apply see Instructions Show location(s) on site map Will event need security? No D Yes~ If event is overnight, security wlfl be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No IXl Yes 0 Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: 911 Describe the emergency action plan if severe weather should arise: List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of S~.t-er.:.amn rn release of Liability. J.. ~~-~ ~ 12/12111 Date ._ .. ___ • ~ -~~~ . -.... \\o'"l l'.J. •"" "' • e \\.l'--. ,. ~ < 1• f_ !t;.T": w/rffR. ~1!EET° Bocc c. BALL.. lo.u.A.~- Life Mara Mi Is Good Utpµrre 111111111n 5 ' Salon L rz,c~ ~ euuR.Bo I f I • ----~~--\ , . '\._ ( . I ''---------·- l Apartments Verns ·----, ·---·----- City of Stillwater 12/12/19 From Brian's Bar & Restaurant 219 Main St. South This letter is to request permission from the city of Stillwater for Brian's upcoming 2nd Annual Brian's Bar Tundra Bocce Tournament. The date is set for Sat. Feb. 22, 2020 from 10:00 am. -11 :00 pm. As last year we would like to use the parking lot in back of our location between Water St. and the Freight House with adding the second half of the lot behind ( please see map attached ). The area in use will be completely enclosed by snow fencing with two controlled entry points. We will be providing our own security for the entry points and enclosed area. A port-a-pot will be on sight and all clean up will be done on Sunday Feb. 23 am. If there are any questions please contact Todd Nelson at 612-803-1818. We would like to thank the city of Stillwater and our surrounding neighbors for past and future cooperation on said event. Thank you. Todd Nelson 1 AGREEMENT FOR CONTRACT CLEANING SERVICES THIS AGREEMENT (“Agreement”) is made as of _______________, 2020 (“Effective Date”) by and between the City of Stillwater (the “City”), a Minnesota municipal corporation, and Mansfield Top Services, Inc., a Minnesota corporation d/b/a City Wide Maintenance of Minnesota (the “Contractor”). WHEREAS, City has accepted the proposal of Contractor for cleaning services for municipal buildings outlined in the attached Exhibit A; and WHEREAS, Contractor desires to perform the services for City under the terms and conditions set forth in this Agreement. NOW THEREFORE, the City and the Contractor, in consideration of the mutual covenants contained herein and other good and valuable consideration, hereby agree as follows: SECTION 1. CLEANING SERVICES. The cleaning services to be provided by the Contractor are described in the attached Exhibit B, the Cleaning Specifications. Exhibit B supersedes and replaces the Work Scope outlined in Exhibit A. SECTION 2. TERM. The Agreement shall commence on January 1, 2020 and shall terminate on December 31, 2020. The City may renew this Agreement for additional one-year periods at its sole discretion upon 60 days’ advance notice to Contractor. SECTION 3. PAYMENT. Payments shall be made by the City to the Contractor pursuant to the fees provided in Exhibit A. All payments shall be made within thirty (30) days from receipt of invoice from Contractor. SECTION 4. COMPLIANCE WITH LAWS AND STANDARDS. (a) The Contractor shall comply with all applicable federal and state statutes and regulations as well as local ordinances in effect during the term of this Agreement. (b) The Contractor shall comply with the General Housekeeping Requirements described in the attached Exhibit C. (c) The Contractor specifically represents that the Contractor is fully authorized or licensed to furnish the services pursuant to this Agreement. (d) The Contractor agrees to comply with the Confidentiality Agreement set forth in the attached Exhibit D. (e) Failure to meet the requirements of clauses (a), (c), or (d) above may be cause for the City to immediately terminate this Agreement, in addition to any other remedies in this Agreement or otherwise available in law or equity. 2 SECTION 5. INSURANCE. The contractor shall obtain and maintain until the completion of the Agreement and at Contractor’s own cost and expense. (a) Worker’s compensation coverage required by State Law. (b) Employers liability insurance. (c) Commercial general liability insurance on an occurrence basis with a per occurrence amount of not less than $1,500,000. The City shall be named as an additional insured. Contractor shall provide a Certificate of Insurance to the City showing the above coverages and providing that the coverage may not be canceled, non-renewed, or materially changed without 30 days written notice to the City. SECTION 6. INDEMNIFICATION. Unless incurred due to the negligence or intentional misconduct of the other party, each party agrees to indemnify, and hold harmless the other, its elected officials, officers and employees, against any and all liability, loss, costs, damages, and expenses which the other, its elected officials, officers, or employees, may hereafter sustain, incur, or be required to pay, arising out of the other’s performance or failure to perform obligations pursuant to this Agreement. City’s liability limit shall not exceed its maximum liability limits as stated in Minnesota Statutes Ch. 466. Contractor’s liability limits shall not exceed its maximum liability limits as stated in its insurance policy. If its insurance liability limits exceed the amounts stated in Section 5 of this Agreement, the higher limits shall apply. This section modifies Section 7 of Contractor’s Terms and Conditions. SECTION 7. INDEPENDENT CONTRACTOR STATUS. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint ventures or associates between the parties hereto or as constituting the Contractor as the employee of the City for any purpose or in any manner whatsoever. The Contractor is to be and shall remain an independent contractor with respect to the performance of all Contractors’ obligations under this Agreement. SECTION 8. ASSIGNMENT. Contractor shall not assign this Agreement without the prior written consent of the City. SECTION 9. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Washington County, Minnesota. SECTION 10. DATA PRIVACY. For purposes of this Agreement all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, and the Minnesota Rules implementing the Act now in force or hereafter adopted. 3 SECTION 11. TERMINATION. Except as provided in Section 4, either party may terminate this Agreement upon thirty (30) days written notice to the other. SECTION 12. NOTICE. Notices shall be considered sufficiently given or delivered if and when it is sent by registered or certified mail, postage prepaid, return receipt requested, or delivered personally as follows: If to Stillwater: City of Stillwater Attention: City Administrator 216 4th Street North 55082 Stillwater, MN 55075 If to Contractor: Mansfield Top Services, Inc. d/b/a City Wide Maintenance of Minnesota 11979 County Road 11, Suite 250 Burnsville, MN 55337 SECTION 13. BINDING AUTHORITY. This Agreement is binding upon the parties, their personal representatives and their assigns. SECTION 14. EXHIBITS. All exhibits referred to in this Agreement are incorporated herein by reference and are made a part hereof as if they were included in the text hereof. [Remainder of this page has been intentionally left blank] 4 CITY OF STILLWATER By: Mayor Ted Kozlowski By: City Clerk Beth Wolf MANSFIELD TOP SERVICES, INC. D/B/A CITY WIDE MAINTENANCE OF MINNESOTA 5 A-1 EXHIBIT A CONTRACTOR’S PROPOSAL (attached hereto) A-2 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-3 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-4 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-5 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-6 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-7 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-8 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-9 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-10 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-11 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-12 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-13 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-14 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-15 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. A-16 EXHIBIT A CONTRACTOR’S PROPOSAL CONT. B-1 EXHIBIT B CLEANING SPECIFICATIONS – MUNICIPAL BUILDING The detailed work requirements are intended to cover the custodial maintenance services required under this contract in a general manner, but they may not be complete in all details. If any items have inadvertently been omitted that should be included to affect a complete job, they shall be included in the services rendered and brought to the attention of the City Administrator. The City reserves the right to make changes to this schedule of services as it may find necessary or desirable from time to time to satisfy the requirements of the City. SECURITY (ALL BUILDINGS) 1. Leave designated lights on 2. Conserve energy, turn off lights when leaving an area 3. Close and/or lock all doors, reset security system 4. All employees wear uniformed shirts and photo I.D. name tags when on duty 5. Do not prop open entry doors 6. Never allow unauthorized people in to the building Locations of Cleaning Area. The areas to be cleaned are as follows: A. CITY HALL (1st FLOOR) 1. POLICE DEPARTMENT (24/7 OPERATIONS) / TRAINING ROOM / COMMON AREA / RESTROOMS / OFFICES (as requested by PD personnel) Total square footage of area to be cleaned is approximately 14,200 square feet. Times available for cleaning will be from 4:00 p.m. to 12:00 a.m., Monday – Friday and all day Saturday/Sunday. Vacuuming of certain areas to be completed after regular business hours, 8:00 a.m. to 4:30 p.m., Monday – Friday. Reception area / Common Area / Squad Room(s) / Training Room/Hallways Week Month Other 1. Empty wastebaskets and replace liners. All waste to be moved to designated dumpsters, no waste to be thrown away unless clearly marked 5X 2. Empty recycling wastebaskets and replace liners as needed. All waste to be moved to designated dumpsters, no waste to be thrown away unless clearly marked As needed 3. Wipe down and disinfect all counters/tables/door handles 3x 4. Straighten furniture 5x 5. Clean and sanitize drinking fountains 5x 6. Spot clean all interior windows and railing glass to remove fingerprints 5x 7. Vacuum all entry matting 5x 8. Vacuum area carpets (including under desks/tables) 5x 9. Dust mop or sweep all hard surface floors 5x B-2 10. Spot clean spills and stains on carpets 5x 11. Damp mop, or use floor machine on all hard surface floors 5x 12. Dust all accessible hi-low horizontal surfaces including counter tops, window sills, heating vents, picture frames, light fixtures and furniture 3x 13. Spot clean walls and doors and light switches 1x 14. Remove dust and cobwebs from ceiling vents 1x QTR 15. Vacuum upholstered chairs 1x 16. Edge vacuum 1x 17. Spot clean all cabinets 1x Restrooms/Locker Rooms Week Month Other 1. Clean mirrors and chrome fittings 5x 2. Clean and sanitize sinks and countertops 5x 3. Clean and sanitize toilets (outside and inside) 5x 4. Clean and sanitize urinals (outside and inside) 5x 5. Remove splash marks from walls and basins 5x 6. Empty wastebaskets and replace liners 5x 7. Empty sanitary napkin receptacles and wipe with disinfectant 5x 8. Clean and disinfect partition walls 1x 9. Wipe dispensing cabinets 1x 10. Restock restroom supplies: towels, tissue, seat covers, and hand soap 5x 11. Sweep restroom floors 5x 12. Mop and sanitize restroom floors with disinfectant 5x 13. High dusting 1x 14. Clean and sanitize door handles, push plates, kick plates handles etc. 1x Kitchen / Lunch Room Week Month Other 1. Wipe & sanitize table(s) counter tops and outside of all appliances 5x 2. Sanitize counter tops, sink basin 5x 3. Clean microwave(s) inside & out 5x 4 Damp mop / scrub hard floor surface 5x B-3 B. CITY HALL (2nd FLOOR) 1. ADMINISTRATION / FINANCE OFFICES / COUNCIL CHAMBERS / CONFERENCE ROOMS / COMMON AREA / RESTROOMS Total square footage of area to be cleaned is approximately 7,800 square feet. Times available for cleaning will be from 4:00 p.m. to 12:00 a.m., Monday – Friday and all day Saturday/Sunday. Reception Area/General Areas/ Administration & Finance Offices, Council Chambers / Conference Rooms / Copy Room Week Month Other 1. Empty wastebaskets and replace liners. All waste to be moved to designated dumpsters, no waste to be thrown away unless clearly marked 5X 2. Empty recycling wastebaskets and replace liners as needed. All waste to be moved to designated dumpsters, no waste to be thrown away unless clearly marked As needed 3. Wipe down and disinfect all counters/tables/door handles 3x 4. Straighten furniture 5x 5. Clean and sanitize drinking fountains 5x 6. Spot clean all interior windows and railing glass to remove fingerprints 5x 7. Vacuum all entry matting 5x 8. Vacuum area carpets (including under desks/tables) 5x 9. Dust mop or sweep all hard surface floors 5x 10. Spot clean spills and stains on carpets 5x 11. Damp mop, or use floor machine on all hard surface floors 5x 12. Dust all accessible hi-low horizontal surfaces including counter tops, window sills, heating vents, picture frames, light fixtures and furniture 3x 13. Spot clean walls and doors and light switches 1x 14. Remove dust and cobwebs from ceiling vents 1x QTR 15. Vacuum upholstered chairs 1x 16. Edge vacuum 1x 17. Spot clean all cabinets 1x Kitchen / Lunch Room Week Month Other 1. Wipe & sanitize table(s) counter tops and outside of all appliances 5x 2. Sanitize counter tops, sink basin 5x 3. Clean microwave(s) inside & out 5x 4 Damp mop / scrub hard floor surface 5x B-4 2. BASEMENT / EXERCISE ROOM / LOCKER ROOMS Total square footage of area to be cleaned is approximately 3,436 square feet. Times available for cleaning will be from 4:00 p.m. to 12:00 a.m., Monday – Friday and all day Saturday/Sunday. Basement / Exercise Room Week Month Other 1. Dust mop / sweep hard surface floors 5x 2. Damp mop / scrub hard surface floors 5x 3. Clean and polish mirrors As needed Restrooms/Locker Rooms Week Month Other 1. Clean mirrors and chrome fittings 5x 2. Clean and sanitize sinks and countertops 5x 3. Clean and sanitize toilets (outside and inside) 5x 4. Clean and sanitize urinals (outside and inside) 5x 5. Remove splash marks from walls and basins 5x 6. Empty wastebaskets and replace liners 5x 7. Empty sanitary napkin receptacles and wipe with disinfectant 5x 8. Clean and disinfect partition walls 1x 9. Wipe dispensing cabinets 1x 10. Restock restroom supplies: towels, tissue, seat covers, and hand soap 5x 11. Sweep restroom floors 5x 12. Mop and sanitize restroom floors with disinfectant 5x 13. High dusting 1x 14. Clean and sanitize door handles, push plates, kick plates handles etc. 1x C. CITY HALL (3rd FLOOR) COMMUNITY DEVELOPMENT / BUILDING INSPECTION / ENGINEERING OFFICES / CONFERENCE ROOM(S) / LUNCH ROOM AND COMMON AREA(S) Total square footage of area to be cleaned is approximately 7,800 square feet. Times available for cleaning will be from 4:00 p.m. to 12:00 a.m., Monday – Friday and all day Saturday/Sunday. Common Areas/Reception/Community Development/Building Inspection/ Engineering Offices/Conference Room/Copy Room Week Month Other 1. Empty wastebaskets and replace liners. All waste to be moved to designated dumpsters, no waste to be thrown away unless clearly marked 5X 2. Empty recycling wastebaskets and replace liners as needed. All waste to be moved to designated dumpsters, no waste to be thrown away unless clearly marked As needed 3. Wipe down and disinfect all counters/tables/door handles 3x B-5 4. Straighten furniture 5x 5. Clean and sanitize drinking fountains 5x 6. Spot clean all interior windows and railing glass to remove fingerprints 5x 7. Vacuum all entry matting 5x 8. Vacuum area carpets (including under desks/tables) 5x 9. Dust mop or sweep all hard surface floors 5x 10. Spot clean spills and stains on carpets 5x 11. Damp mop, or use floor machine on all hard surface floors 5x 12. Dust all accessible hi-low horizontal surfaces including counter tops, window sills, heating vents, picture frames, light fixtures and furniture 3x 13. Spot clean walls and doors and light switches 1x 14. Remove dust and cobwebs from ceiling vents 1x QTR 15. Vacuum upholstered chairs 1x 16. Edge vacuum 1x 17. Spot clean all cabinets 1x Kitchen / Lunch Room Week Month Other 1. Wipe & sanitize table(s) counter tops and outside of all appliances 5x 2. Sanitize counter tops, sink basin 5x 3. Clean microwave(s) inside & out 5x 4 Damp mop / scrub hard floor surface 5x Restrooms Week Month Other 1. Clean mirrors and chrome fittings 5x 2. Clean and sanitize sinks and countertops 5x 3. Clean and sanitize toilets (outside and inside) 5x 4. Clean and sanitize urinals (outside and inside) 5x 5. Remove splash marks from walls and basins 5x 6. Empty wastebaskets and replace liners 5x 7. Empty sanitary napkin receptacles and wipe with disinfectant 5x 8. Clean and disinfect partition walls 1x 9. Wipe dispensing cabinets 1x 10. Restock restroom supplies: towels, tissue, seat covers, and hand soap 5x 11. Sweep restroom floors 5x 12. Mop and sanitize restroom floors with disinfectant 5x 13. High dusting 1x 14. Clean and sanitize door handles, push plates, kick plates handles etc. 1x B-6 Stairways (front & back) – all floors to basement Week Month Other 1. Dust mop / sweep stairs and landings 5x 2. Damp mop stairs and landings 5x 3. Spot clean all interior windows and railing glass to remove fingerprints 5x D. PUBLIC WORKS All areas of the Public Works building located at 3325 Boutwell Road N, Stillwater, excluding the shop area. Total square footage of area to be cleaned is approximately x,xxx square feet. Times available for cleaning will be from 4:00 p.m. to 12:00 a.m., Monday – Friday and all day Saturday/Sunday. 1st Floor Week Month Other 1. Empty wastebaskets and replace liners. All waste to be moved to designated dumpsters, no waste to be thrown away unless clearly marked 3X 2. Empty recycling wastebaskets and replace liners as needed. All waste to be moved to designated dumpsters, no waste to be thrown away unless clearly marked As needed 3. Wipe down and disinfect all counters/tables/door handles 3x 4. Straighten furniture 3x 5. Clean and sanitize drinking fountains 3x 6. Spot clean all interior windows and railing glass to remove fingerprints 3x 7. Vacuum all entry matting 3x 8. Vacuum area carpets (including under desks/tables) 3x 9. Dust mop or sweep all hard surface floors 3x 10. Spot clean spills and stains on carpets 3x 11. Damp mop, or use floor machine on all hard surface floors 3x 12. Dust all accessible hi-low horizontal surfaces including counter tops, window sills, heating vents, picture frames, light fixtures and furniture 1x 13. Spot clean walls and doors and light switches 1x 14. Remove dust and cobwebs from ceiling vents 1x QTR 15. Vacuum upholstered chairs 1x 16. Edge vacuum 1x 17. Spot clean all cabinets 1x Kitchen / Lunch Room Week Month Other 1. Wipe & sanitize table(s) counter tops and outside of all appliances 3x 2. Sanitize counter tops, sink basin 3x 3. Clean microwave(s) inside & out 3x 4 Damp mop / scrub hard floor surface 3x B-7 Restrooms / Locker Rooms Week Month Other 1. Clean mirrors and chrome fittings 3x 2. Clean and sanitize sinks and countertops 3x 3. Clean and sanitize toilets (outside and inside) 3x 4. Clean and sanitize urinals (outside and inside) 3x 5. Remove splash marks from walls and basins 3x 6. Empty wastebaskets and replace liners 3x 7. Empty sanitary napkin receptacles and wipe with disinfectant 3x 8. Clean and disinfect partition walls 1x 9. Wipe dispensing cabinets 1x 10. Restock restroom supplies: towels, tissue, seat covers, and hand soap 3x 11. Sweep restroom floors 3x 12. Mop and sanitize restroom floors with disinfectant 3x 13. High dusting 1x 14. Clean and sanitize door handles, push plates, kick plates handles etc. 1x E. PARKING RAMP The parking facility consists of two (2) towers, the North Tower which consists of stairs and landings and a South Tower which consist of stairs and landings, one (1) elevator and 2 restrooms. Times available for cleaning will be all day Monday – Sunday. Towers Week Month Other 1. Sweep or vacuum stairs and landings 1x 2. Sweep or vacuum elevator lobbies 1x 3. Sweep elevator car 1x 4. Damp mop elevator car 1x 5. Spot clean windows 1x 6. Vacuum all floor runner mats 1x Restrooms Week Month Other 1. Clean mirrors and chrome fittings 1x 2. Clean and sanitize sinks and countertops 1x 3. Clean and sanitize toilets (outside and inside) 1x 4. Clean and sanitize urinals (outside and inside) 1x 5. Remove splash marks from walls and basins 1x 6. Wipe dispensing cabinets 1x 7. Restock restroom supplies: towels, tissue, seat covers, and hand soap 1x 8. Sweep restroom floors 1x 9. Clean and sanitize door handles, push plates, kick plates handles etc. 1x C-1 EXHIBIT C GENERAL HOUSEKEEPING REQUIREMENTS 1. All cleaning material used must be of type that will not have an immediate or extended detrimental effect on any of the surfaces being cleaned. Contractor shall assume all liability for damage caused to plumbing fixtures, hardware, carpet and floor surfaces by the use or accidental spillage of abrasive materials, acids, waxes, strippers or other caustic materials. Proper use and training of Contractor’s employees in working with chemicals is necessary, and documentation of such training by Contractor’s employees is required. 2. Any foreign matter, spills, stains, marks, gum or residue or any nature on any surfaces shall be removed during regular cleaning operations on a nightly/daily basis. 3. Mechanical or other equipment used in the cleaning operations must be of a type that is approved in the industry and shall be operated in such a manner as not to cause danger to employees or other persons or damage the building structure, fixtures, furnishings, etc. Any injuries or damages of any nature shall be immediately reported to the City Administrator. Carts used to carry cleaning and/or waste materials will not be used to prop open or to push open doors within the building to prevent damage to door surfaces. Door stop blocks shall be furnished by the Contractor if doors need to be kept open during cleaning. 4. Any building facilities, broken windows, equipment, fixtures or furnishing in need of repair or replacement, including those resulting from vandalism, shall be reported immediately to the City Administrator. 5. Any items or articles of apparent value found by the contractor’s personnel in any area of the building or site shall be left at the Police Department after notifying the Building Manager. Any item of major concern shall be brought to the City Administrator’s attention. 6. Any articles of a suspicious nature that may be found or persons noted loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to the Stillwater Police Department at telephone number: Emergency: 911 Non-emergency: 651-351-4900 7. Necessary precautions shall be taken at all times to protect persons, property and equipment from injury and damage. All equipment used in cleaning operations shall be stored in a safe and proper manner and in locations designated or approved by the City. The contractor is responsible for maintaining the designated areas in a clean and orderly condition. Any flammable, volatile or hazardous materials required in the janitorial service operations shall be stored in such a manner and in locations approved by the Fire Underwriter’s Association C-2 and the City Administrator. The contractor shall also comply with the laws governing workers right-to-know (MSDS) concerning hazardous materials. The contractor shall also maintain current Material Safety Data Sheets at each facility. 8. CLEANING STANDARD For the purpose of this specification, the following definitions are established and conditions are designated as either clean or dirty for ease in determining contract performance. The following standards of performance shall be considered unacceptable: (a) Dust and Dirt The presence of dust and dirt or related material on vertical or horizontal hard and soft surfaces to the degree that it is noticeable and will mark clothing or skin. (b) Stains and/or Marks The presence of stains and marks to the degree that it is noticeable and alters the appearance of vertical and horizontal hard and soft surfaces or items of furnishing. (c) Litter and/or Refuse The presence of litter and refuse on top of, underneath, behind or around vertical and horizontal and soft surfaces or items of furnishing. (d) Sanitation A condition of sanitation that results in an odor or creates a public hazard. Liquid or solid deodorants are not acceptable to control odors unless authorized by the City Administrator. D-1 EXHIBIT D CONFIDENTIALITY AGREEMENT 1. Contractor understands that while performing the services under this contract, Contractor’s employees will be working in areas where private and confidential information may be kept, including but not limited to law enforcement and patient information. This confidential information may come in a variety of forms, including in verbal form that can be overheard, or in paper or electronic form. 2. Under no circumstances, except as otherwise agreed to in writing, are any of the contractor’s personnel to have access to any private or confidential information of the City of Stillwater or any of its departments, including the Police Department. 3. In the event that the Contractor or Contractor’s employees inadvertently come in contact with or views or overhears any private or confidential information, Contractor and Contractor’s employees agree not to use or further disclose such information to anyone. 4. Contractor further agrees to educate its employees as to the importance of confidentiality with respect to the performance of this contract, and to maintain a strong confidentiality policy applicable to all of its employees who may be assigned to perform services at any of the City facilities, especially the Stillwater Police Department. 5. Contractor will take affirmative steps to ensure that its personnel remain only in authorized areas of Stillwater Police Department and that they will not turn on any computers, use any computers that are turned on, open any files, desks, boxes, disk storage cases, or any other containers that may potentially contain private or confidential information. 6. Contractor’s personnel shall not: (a) Open closed file cabinets, desk drawers, or any other similar areas (b) Move, open, review, or access City information, files, or documents unless required to do so as part of personnel’s cleaning tasks (c) Access City computers or any information on such computers 7. Any violations of this confidentiality provision shall be cause for immediate termination of this contract, without notice, notwithstanding any cancellation notice provisions to the contrary. 8. The City reserves the right to unilaterally amend the provisions of this Section at any time during the duration of the Contract. Such amendments shall become effective upon delivery to Contractor.     ORDINANCE 1137 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE, BY AMENDING THE ZONING MAP OF THE CITY TO REZONE CERTAIN PROPERTY WITHIN THE RB – TWO FAMILY RESIDENTIAL DISTRICT BY ADDING THEM TO THE RA – ONE FAMILY RESIDENTIAL DISTRICT The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the subject properties, location of which are legally described as: Lots 1-7, Block 1, Heritage Ridge Outlot A, Heritage Ridge is hereby amended to RA, One Family Residential. This proceeding is known as Planning Case No. 2019-64. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 21st day of January, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RESOLUTION NO. 2020- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION DECLARING SURPLUS AND TRANSFERRING THE OWNERSHIP OF K-9 BUZZ WHEREAS, the City is the owner of the K-9 herein after described that was trained and used in police work by the Police Department of Stillwater; and WHEREAS, the City has retired the K-9 known as “Buzz” from service and desires to transfer title and possession of the K-9 to Stillwater Police Department Investigator David Wulfing (“Investigator”) for nominal value, who desires to accept title and possession, upon the terms and conditions contained in a Release Agreement. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize that the City hereby declares the K-9 known as “Buzz” to be surplus property and does grant, bargain, sell and convey the K-9 Buzz unto Investigator his heirs, personal representatives and assigns under the terms and conditions of a Release Agreement. Enacted by the City Council of the City of Stillwater, Minnesota this 17th day of January, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RELEASE AGREEMENT WHEREAS, the City of Stillwater (the “City”) has a K-9 program wherein it purchases a K-9 for use in its law enforcement activities; and WHEREAS, the K-9 known as Buzz (“K-9”) has been retired, declared as surplus and is available to be released to Stillwater Police Department Investigator David Wulfing (“Investigator”) for nominal value; and WHEREAS, Investigator has agreed to take ownership and possession of the K-9, subject to the terms and conditions of this Release. NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. Investigator has agreed to take ownership and possession of the above-referenced K-9 from the City. Investigator hereby agrees to release and hold harmless and indemnify the City, its elected officials, predecessors, successors, assigns, past and present officers, directors, employees, agents and representatives, including members of the Stillwater Police Department, from and against any and all actions, causes of action, claims, and demands, whatsoever, whether or not well founded in law or in fact, and whether or not based upon statute or common law, of all suits, debts, sums of money, accounts, reckonings, notes, covenants, contracts, agreements, promises and claims or demands whatsoever that it ever had, now has, or may hereinafter have against the City arising out of the taking ownership and possession of the K-9. 2. Investigator acknowledges that the K-9 has received aggression training and has been used in police work by the Police Department of the City, and with that knowledge accepts tittle and possession of the K-9 and responsibility for the actions of the K-9 from and after the date of this Agreement. 3. Investigator, acknowledging the potential dangerous propensities of the K-9, hereby releases, acquits and forever discharges the City, its officials, officers and employees, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, and compensation which may hereafter accrue on account of or in any way growing out of personal injuries and property damage and the consequences thereof, to Investigator or his property, caused by the K-9, except such as result from the willful act or omission of the City. 4. Investigator agrees to take ownership based on his/her personal observations of the K-9 and with the full understanding that the City does not make any promises, representations, guarantees, or provide any warranty as to the K-9’s fitness or condition. Investigator has read the foregoing agreement and it is under these conditions that he agrees to accept ownership and possession of the K-9. 5. The City agrees to release the K-9 to Investigator for nominal value, the receipt of which is hereby acknowledged, subject to the terms and conditions of this Release. CITY OF STILLWATER J. Thomas McCarty City Administrator Date: INVESTIGATOR By: David Wulfing Date: MEMORANDUM TO: Mayor and City Council FROM: Reabar Abdullah, Assistant City Engineer DATE: January 8, 2020 RE: Marylane Drainage Improvement Project Project 2018-08 DISCUSSION The work on Marylane Drainage Improvement Project was completed in the fall of 2019. The contractor has submitted their application for final payment. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to A-1 Excavating, Inc. in the amount of $18,803.14. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution No. 2020-____ ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR MARYLANE DRAINAGE IMPROVEMENT PROJECT (PROJECT 2018-08). ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR MARYLANE DRAINAGE IMPROVEMENT PROJECT (PROJECT 2018-08) WHEREAS, pursuant to a written contract signed between the City and A-1 Excavating, Inc. for work on the Marylane Drainage Improvement Project (Project 2018-08) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $18,803.14 on such contract, taking A-1 Excavating, Inc. receipt in full. Adopted by the Council, this 21st day of January 2020. ____________________________________ Ted Kozlowski, Mayor Attest: _______________________________ Beth Wolf, City Clerk TO: Mayor and City Council Members FROM: Beth Wolf, City Clerk DATE: January 17, 2020 RE: 2020 Opera on the River Operatunity Theatre has made application for the Opera on the River Event. They would like to host an evening concert again this year on Saturday, August 1st in Lowell Park. In the event of inclement weather they are proposing a matinee concert on August 2nd. They will promote concert goers to bring their own blanket and lawn chair. The event will have vendors and possibly alcohol. They have not applied for their Temporary Liquor License yet so that will come to Council at a later date. Police will be required during consumption of alcohol. As proposed, the event would be completely in Lowell Park. In the event of high water, the event will impact the parking system by using Lot 9 and Lot 5. The Downtown Parking Commission reviewed and approved the use of parking Lots if flooding occurs. The Parks & Recreation Commission also reviewed the event and recommended approval. The event will incur fees for renting amenities in Lowell Park, Event Base fee, Police services, materials such as porapotties, electrical boxes, and barricades plus use of parking lots (if needed). Fees for the event will be charged according to the 2020 Fee Schedule. The Organizer must provide all insurance, coordinate with City staff and pay for City services and materials. ACTION REQUIRED: Upon satisfactory review of application, Council should pass a motion approving the 2020 Opera on the River event. OfficeUseOnly EventDate/Time:Setup: Date____________________________Time__________to__________ Date____________________________Time__________to__________ Date____________________________Time__________to__________ Incompleteapplicationsorapplicationsreceivedafterdeadlinewillnotbe accepted.SeeEventInstructionsforapplicationdeadlineandfees. DescriptionofEvent(pleasebespecificͲthisinformationwillbeusedtopromotetheeventontheCityofStillwaterwebsite): PrimaryContact/ApplicantName: Phone:Refermediaorcitizensinquiresto: PhoneNumber: SponsoringOrganizationName: ActualEvent: Cleanup: (IfinLowellParkpleasespecifynorthorsouthLowellpark) ApplicantInformation(Person/GroupResponsible) City,State,ZipCode: DateApplicationReceived________________ DateofApplication:_____________________________ WebsiteAddress: Nameofcontactpersonduringevent:CellPhone: Alternatecontactduringevent:CellPhone: Type:EventSpecialEventEventw/Contract Location(Address)ofEvent: EstimatedAttendance(participantsandspectators): EventInformation Title/NameofEvent (Eventsafter10:00p.m.requireavariancefromCityCouncil) MailingAddress: EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 CellPhone:Fax: EmailAddress: 10/31/19 "Opera on the River" 2020 Saturday, August 1st, 2020 5:00 am 12:00 pm Saturday, August 1st, 2020 12:00 pm 9:00 pm Saturday, August 1st, 2020 9:00 pm 12:00 am North Lowell Park Again, our goals for this 2nd annual concert festival project is to provide the highest quality music production in the form of a live outdoor concert for the community of Stillwater and surrounding areas next summer. We hope that this concert festival project continues to provide an example of how we plan to enrich this very supportive artistic community and by doing so, advance the arts in this region to the next level. 1,000+ Operatunity Theatre 7450 213th St. N Forest Lake, MN 55025 Obed Floan 612-803-3688 N/A 612-803-3688 Info@OperatunityTheatre.org OperatunityTheatre.org Obed Floan 612-803-3688 Megan Wagner 612-803-3680 Obed Floan 612-803-3688 SitePlan: No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Willmerchandise/fooditemsbesold? Willsoundamplificationbeused? Insurancecertificatefromrentalvendorisrequired EventFeatures Howmany vendorsexpected: Feesforelectricitymay applyseeInstructions Whattype:Feesforelectricitymay applyseeInstructions HoursandType: Willtherebeanyinflatables? Willastageortent(s)besetup? Willtherebeentertainment? Willanysigns/bannersbeputup Numberandsize: Willcookingoperationsbeconducted? Asiteplanismandatoryforallevents.Pleaseprovideamapofthesitelayout.Includeanytables,stages,tents, fencing,portablerestrooms,vendorbooths,trashcontainers,etc.Ifeventinvolvesaparade,raceorwalk, pleaseattacharoutemaphighlightingroute.Includereststopstations,crossings,signageandindicateroute directionwitharrows. ContactWashingtonCountyHealthDepartment,651Ͳ430Ͳ6655 Dimensions: Willfoodbepreparedonsite? Willtherebetemporaryfencing? ContactStillwaterFireDepartment,351Ͳ4950 No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Feesmayapply seeInstructionsNumberneeded: Numberneeded:Feesmayapply seeInstructions Willeventneedbarricade(s)? Willextrapicnictablesbeneeded? Describelevelofadvertisement(ie,radio,flyers,ads,tv,pressrelease).Attachsampleifavailable Willalcoholbesold? Describepowerneedsandlocationofpowersource. CitySidewalksorTrails CityServices(Afterreviewingtheeventapplication,Cityservicesmayberequriedfortheevent.) Willeventuse,closeorblockanyofthefollowing:Ifyesspecifylocationonsitemap. PublicParkingLotsorSpaces Start/EndTime: Date: Start/EndTime: Date: Start/EndTime: Date: Willtherebeafireworksdisplay?Permitrequired,contactStillwaterFireDepartment,651Ͳ351Ͳ4950 CityStreetsorRightͲofͲway SeeAlcoholRegulationsintheInstructions Willalcoholbeservedbutnotsold?SeeAlcoholRegulationsintheInstructions 24x32 (+ poss. extension) Truck Transformer,10x10 sound tent,20x20 5-20 non-food Regular power boxes for the Stage/lighting/sound with Icobad Productions equipment either from the cement platform with nice weather, or up on Lot 5 for park flood plan. See described advertising in the accompanying proposal. 10-20 Varied - Sponsor Logo Banners, Signacades Liquor perimeter etc Live Orchestra & Singers noon-9:00, Icobad Productions N/A N/A 5:00 am/12:00 am N/A N/A 8/1/20 2-3 N/A No Yes No Yes No Yes No Yes Numberneeded: No Yes No Yes Numberneeded: Numberneeded: Feesmayapply seeInstructions Feesmayapply seeInstructions Willeventneedtrafficcontrol? WilleventneedEMSservices?ContactLakeviewEMS,651Ͳ430Ͳ4621 Willextratrashreceptaclesbeneeded? Ifusingprivatesecruity,listSecurityCompanyandContactInformation: Willeventneedsecurity?Ifeventisovernight,securitywillberequired. Describetrashremovalandcleanupplanduringandafterevent: ContactStillwaterPoliceDepartmentforassistance,651Ͳ351Ͳ4900 Describecrowdcontrolproceduretoensurethesafetyofparticipantsandspectators: Will"NoParkingSigns"beneeded?FeesmayapplyseeInstructions Showlocation(s)onsitemap Willportablerestroomsbeneeded? SignatureofApplicantorAuthorizedAgent Date Thesponsor(s)ofthiseventherebyagreestosavetheCity,itsagents,officialsandemployeesharmlessfromandagainstalldamagesto personsorproperty,allexpensesandotherliabilitythatmayresultfromthisactivity.Dependingonthesizeofandscopeoftheeventa "CertificateofInsurance"mayberequired.Ifinsuranceisrequired,thepolicymustbekeptinforceduringtheeventofatleastthe statutorylimitsformunicipalitiescoveringclaimsthatmightbebroughtagainsttheeventthatariseoutoftheeventsauthorizedandto nametheCityasanadditionalinsuredontheirpolicy"astheirinterestmayappear."Asthesponsororauthorizedrepresentative,Icertify thattheinformationprovidedistruetothebestofmyknowledgeandagreetopaythepermitfeeforthiseventbaseduponthe informationprovidedinthisapplication.Irealizemysubmittalofthisapplicationrequestconstitutesacontractbetweenmyselfandthe CityofStillwaterandisareleaseofLiability. Listanyotherpertinentinformation: Describetheemergencyactionplanifsevereweathershouldarise: Describeplanstoprovidefirstaid,ifneeded: f A li t A wattttttttttereeeeeeeee andddddddddd isiiii a re Trash cleanup provided by promoters. Off-duty City Officers - Park will be as open as it is everyday. Off-duty City Officers & Security Specialists Inc. - Sam Ehlenz - 651-439-8440 - securityspecialists@earthlink.net EMS City Ambulance. We are planning to have the park reserved for Sunday, August 2nd, 2020 as well for a matinee performance of the Main Concert should severe weather come on Saturday, August 1st, 2020. The weather will be monitored closely leading up to and on the day and a call will be made earlier this time. We will also supply a 2-day insurance rider listing the city of Stillwater as the additional insurer. 10/31/2019 N/A Presents:® 2020 Our Plan in Lowell Park for 2020 Plan A Plan B Original Layout Flood Plan Layout Generated: Tuesday, October 29, 2019 at 9:00 PM Page 7 of 18 Presents: 2020  Crowd continues to assemble for “Opera on the River” 2019 - Photo courtesy of Pictures Over Stillwater Proposal for Stillwater City Council Obed Floan Founder/President/CEO/ED Operatunity Theatre  Email:​ ​Info@OperatunityTheatre.org Cell: (612) 803-3688 Web: OperatunityTheatre.org Presents:  2020  Our Proposal First of all, it is very necessary to say we are truly thankful and humbled by the generous support and enthusiasm of this wonderful community, and of course, all the excellent and supportive city council members and staff that serve this great community! This event would not have kicked off this past year as well as it did in any other community, and that is a testament to the dedication of all the hard work you all do to keep this community as vibrant as it is! We would love the opportunity to again present “Opera on the River”, a world-class, mature, and exciting event in downtown Stillwater, nestled in the wonderfully idyllic and awe-inspiring St. Croix Valley on the banks of Lowell Park. For this 2nd annual “Opera on the River” 2020 event, we again have scheduled Stillwater native and our Creative Advisor, Jack Swanson to headline the event. Jack continues to reach international acclaim and status in the opera world, and along with other singer colleagues he has personally invited to join him, he will perform arias, musical theatre songs, and group numbers. We think that this annual performance will continue to show the diversity of Stillwater’s community, along with supporting and assisting Stillwater’s downtown commerce: restaurants, hotels, merchandise, and retail shops. In addition to the main concert, we intend to incrementally grow this annual event this year by inviting a number of performing arts organizations earlier in the day to engage with the public by having tables/booths in the park where they can share information about their organization. The various types of organizations we hope to invite to the event would consist of, but not be limited to: Stillwater Area high school music and theatre departments, music departments from colleges and universities, as well as major chorales, orchestras, theatres, and opera companies from throughout Minnesota. The goal is to give these organizations the “operatunity” to have some educational exposure and give the, not only the youth of the community but also parents and other adults, a chance to meet, talk with and learn about arts “operatunities” from representatives from all of these various organizations. This would be a great and celebratory event for the city of Stillwater, and a way to inspire future musicians in the community both young and seasoned alike. Depending on our funding resources this second year, we plan to reserve the park from Friday evening, through Sunday evening in order to accommodate for this incremental growth and additions to the event, plus a proper rain day matinée contingency for Sunday afternoon, August 2nd for the main concert if needed. If the weather cooperates with our original plan for the event schedule, we will release our reservation on the Park for Sunday, conclude the event Saturday night by the end of the main concert event and tear down and clean up after the concert ends Saturday night. If the weather persists as it did this past year, we will make that call early enough in the day, Saturday, and coordinate our efforts to extend the Performing Arts organizations/vendors mentioned above into Sunday morning/afternoon as well as the main concert event matinée. Then tear down and clean up at that point. We are also in communications with a few other “outdoor” focused performing musical companies to invite them to perform their works earlier in the day in the park to extend to the crowd a few other offerings to attend throughout the day before the main concert event in the evening. This, plus the Performing Arts organizations/vendors, will hope to insure activities to help draw more of a regularly paced crowd throughout the day to help drive more commerce with the downtown businesses as well as give the “operatunities” in the arts for everyone listed above. Thank you again, and we hope to have yet another successful “Opera on the River” music festival event for 2020! Sincerely, Obed Floan Founder/President/CEO/ED Operatunity Theatre  OperatunityTheatre.org Generated: Tuesday, October 29, 2019 at 9:00 PM Page 2 of 18 Presents:  2020  About ​Operatunity Theatre  Our mission is to produce high-quality musical performances in the Twin Cities East Metro ​(specifically the Stillwater/St. Croix River Valley)​ area that enriches the arts environment and help emerging artists advance their careers by performing alongside experienced professionals. Our vision is to establish Stillwater and its surroundings as a regional music cultural center with a vibrant community of emerging and professional artists. We have joined the Chamber this past year and have become very active in the community. Obed has begun his training in the inaugural class of the Leadership In The Valley program through the Chamber. Our Team Obed Floan​: Singer/Actor – ​ObedFloan.com Co-Founder, President, Owner: ​M-OStudio Enterprises, LLC ​–​ M-OStudio.com Co-Founder, President, CEO: ​Operatunity Theatre​ ​– ​OperatunityTheater.org  Megan Wagner​: Singer/Actor – ​MeganWagnerFloan.com Co-Founder, VP, Owner: ​M-OStudio Enterprises, LLC ​–​ M-OStudio.com Co-Founder: ​Operatunity Theatre​ ​– ​OperatunityTheater.org  Obed & Megan are successful professional singers, voice instructors, music educators, concert & recital producers, and promoters for 20 years together as "M-OStudio Enterprises, LLC".​ ​We are dedicated to training and lifting up the talent of all ages in the community of Stillwater and the surrounding region for over ten years and our studio has been a part of the chamber since early 2019. Jack Swanson​: Creative Advisor: ​Operatunity Theatre​ ​– ​OperatunityTheater.org Stillwater native, successful international professional entertainer, musician, with a vast network of professional friends and colleagues he hopes to attract to the Stillwater area to share their talents with this deserving community. Clark Weyrauch​: Development Director: ​Operatunity Theatre​ ​– ​OperatunityTheater.org Stillwater native, successful local professional entertainer, musician, with a vast network of professional friends and colleagues and local contacts he hopes to foster and organize to provide a sustainable plan for ​Operatunity Theatre​’s growth within this deserving community. Emily D. H. Olson​: Operations Manager: ​Operatunity Theatre​ ​– ​OperatunityTheater.org Minnesota native, successful local professional entertainer, musician, with a vast network of professional friends and colleagues and local contacts he hopes to foster and organize to provide a sustainable plan for ​Operatunity Theatre​’s growth within this deserving community.   Generated: Tuesday, October 29, 2019 at 9:00 PM Page 3 of 18 Presents:  2020  Concert Headliner & Stillwater Born and Raised Native – Jack Swanson Stillwater, Minnesota native Jack Swanson is quickly becoming one of the most sought-after young tenors in the opera world. His distinctive high lyric voice is known for singing the acrobatic arias of Rossini and the legato melodies of Donizetti. In the 2017-2018 season, Mr. Swanson makes debuts with Glyndebourne Opera as Almaviva in Il barbiere di Siviglia, the Los Angeles Opera in the title role of Candide, the Lyric Opera of Kansas City as Almaviva, and his mainstage debut with the Santa Fe opera as Lindoro in L’italiana in Algeri. On the concert stage, Mr. Swanson will be heard in Bernstein on Broadway concerts with the Orchestre National de Lille and in Rossini’s Stabat Mater with the Choral Arts Society of Washington. Future projects include debuts with the Norwegian Opera and the Portland Opera in leading roles. In 2016-2017, Mr. Swanson was heard as Camille in The Merry Widow with Winter Opera St. Louis, Frederic in The Pirates of Penzance with Opera Memphis, Ramiro in La Cenerentola with Opera Delaware, and Albazar in Il Turco in Italia with Garsington Opera. In concert he sang Messiah with the Indianapolis Symphony Orchestra, Bruckner’s Te Deum, with the Houston Symphony Orchestra, and Mozart’s Requiem with the Oregon Symphony Orchestra. Other appearances included Washington Concert Opera’s 2017 gala, the Rising Stars of Opera concert series with the Richard Tucker Music Foundation, and on a recital program at the Caramoor Center for Music and the Arts. In the 2015-2016 season, Mr. Swanson made his Des Moines Metro Opera debut singing the role of Fenton in Verdi’s Falstaff and performed the role of Ramiro in La Cenerentola with Opera Fort Collins. Mr. Swanson earned a Bachelor of Music in Vocal Performance from the University of Oklahoma, where he performed the roles of Don Ottavio in Don Giovanni and Nemorino in L’Elisir d’Amore. In May of 2016 he received his Masters of Music in Vocal Performance at Rice University. While at Rice, Mr. Swanson performed the roles of Almaviva in il Barbiere di Siviglia and Eurimaco in Monteverdi’s Il Ritorno d’Ulisse in Patria. Additional opera roles include Tonio in La Fille du Régiment and Count Belfiore in Mozart’s La Finta Giardiniera, and two years as an apprentice at the Santa Fe Opera. Mr. Swanson spent two summers as a young artist with The Seagle Music Colony, where he performed the roles of Tobias Ragg in Sweeney Todd and the title role in Britten’s comedic opera Albert Herring. Also known for his concert work, Mr. Swanson’s credits include Handel’s Messiah, Dubois’ The Seven Last Words of Christ, Mozart’s Requiem and Carl Orff’s Carmina Burana. Other engagements include Holiday Favorites with the Arizona Opera and Birmingham Opera, and the Houston Grand Opera’s 60th anniversary gala where Mr. Swanson performed alongside HGO’s studio artists and world-renowned mezzo-soprano, Joyce DiDonato. Swanson made his Kennedy Center debut singing selections from Schumann’s Dichterliebe. Mr. Swanson is the competition winner and recipient of several prestigious awards including first place in Florida Grand Opera’s Young Patroness Competition, The San Antonio Music Club Competition, The National Opera Association Competition and The Hal Leonard Art Song Competition. He twice received the Richard Tucker Memorial award from the Santa Fe Opera. He was a finalist in both Houston Grand Opera’s Eleanor McCollum competition and Fort Worth Opera’s McCammon Competition. Recently, Mr. Swanson was featured on National Public Radio's Young Artist in Residence program, Performance Today. Generated: Tuesday, October 29, 2019 at 9:00 PM Page 4 of 18 Presents:  2020  2019 Memories: Generated: Tuesday, October 29, 2019 at 9:00 PM Page 5 of 18 Presents:  2020  Generated: Tuesday, October 29, 2019 at 9:00 PM Page 6 of 18 Memo DATE: TO: FROM: RE: January 16, 2020 Mayor and City Council Sharon Provos, Finance Director Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd qua1ter of every year using the wates consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons ( of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment for I Leaking Toilet From 29,000 1st To 26,000 2 Leaking Toilet From 41 ,000 1st To 18,000 3 Leaking Toilet From 18,000 1st To 11,000 4 Leaking Toilet From 76,000 1st To 4,000 5 Softener Malfunction From 154,000 1st To 63 ,000 6 Leaking Toilet From 26,000 1st To 21,000 7 Leaking Toilet From 32,000 1st To 17,000 8 Leaking Toilet From 34,000 1st To 12 ,000 9 Leaking Toilet From 16,000 1st To 11,000 RESOLUTION NO. 2020- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY OF STILLWATER TO EXECUTE STIPULATION OF SETTLEMENT WHEREAS, the City commenced an eminent domain proceeding by resolution of the City Council (Resolution No. 2019-037), to undertake a project to expand public parking facilities on 2nd Street South, between Olive Street East and Chestnut Street East, to address the demand for public parking for tourism, public events, and customers of downtown businesses (“Project”); and WHEREAS, the City and the property owners reached a settlement and have filed their Stipulation of Settlement with the Court. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize the appropriate City officials to execute all documents necessary to effectuate the settlement as contained in the Stipulation of Settlement. Adopted by the City Council of the City of Stillwater, Minnesota this 18th day of January 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk REPORT DATE: January 13, 2020 MEETING DATE: January 21, 2020 TO: Mayor & Councilmembers RE: Ordinance amendment request regarding trash container storage in residential areas PREPARED BY: Graham Tait, City Zoning Administrator REVIEWED BY: Bill Turnblad, Community Development Director BACKGROUND In Stillwater, City Code addresses the storage of garbage containers on non -collection days. Specifically, Section 30 -3. Subd. 2. 1. states: “Trash and recycling containers shall be stored out of view of the public street […]” The City receives frequent complaints from residents that their neighbors are not following the intent of the code in respect to how they are “keeping their trash container out of public view”. The complaints are really of two types::  The first is that some residents circumvent the intent of this ordinance by screening the garbage cans with a tarp/plywood/parked car/etc.  The second issue is that these makeshift attempts to screen containers is often taking place in the front yard (or exterior side yard for corner lots), and gives off a “messy” appearance that the ordinance set out to eliminate. These reoccurring issues are, in part, due to the vagueness of the current code. Therefore, to better guide residents in storing their garbage containers out of view, as well as to help enforcement efforts, it is advisable to revisit and amend the current City Code. To resolve the first issue, garbage containers ought to be stored in a garage or accessory building. And if one is not available, then the trash containers should be screened from street view by a privacy fence or vegetation that when mature screens as effectively as a privacy fence. To resolve the second issue, the ordinance could specify that containers that are not stored inside a garage or accessory building have to be located behind the front building line of a house. And, Page 2 if on a corner lot, the containers must be located behind both the front building line and the exterior side building line of the house. . Combined, these two remedies will eliminate much of the gray areas when it comes to enforcement as well as helping to maintain the neighborhoods’ desirable appearances. POSSIBLE ACTIONS The City Council has the following options: A. Approve the requested ordinance amendment to City Code Section 30-3. Subd. 2 (1), regarding trash container storage in residential areas. B. Deny the requested ordinance amendment to City Code Section 30-3. Subd. 2 (1). C. Table the requests for additional information. REQUEST The City of Stillwater is requesting the City Council approve the proposal to amend City Code Section 30-3. Subd. 2 (1), regarding trash container storage in residential areas. Attachments: Resolution Ordinance Edits ORDINANCE _________ AN ORDINANCE AMENDING CHAPTER 30 OF THE STILLWATER CITY CODE RELATING TO STORAGE AND SCREENING OF RESIDENTIAL RECYCLING AND TRASH CONTAINERS The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. City Code Chapter 30, Solid Waste and Recycling, Section 30-3, Subd. 2. (1) is hereby deleted and replaced with the following language: Sec. 30-3. Subd. 2. (1). Trash and recycling containers shall be stored in an enclosed garage or accessory building. If they are not in an enclosed garage or accessory building, then they must be located behind the front line of the dwelling (on a corner lot this applies to both the front line and the exterior side line) in a location that is screened from view from the street. If not located in an enclosed garage or accessory building, then the screening must either be a wooden privacy fence, vegetation that when mature screens as effectively as a privacy fence, or some othe r effective permanent screen approved by the City Zoning Administrator. The exception to these standards is that containers may be placed at curbside after 5:00 p.m. the day before the scheduled collection and on days scheduled for collection. The trash and recycling containers shall be made readily accessible to the collector by placing the container at curbside no later than 6:00 a.m. on the day of collection. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 21st day of January, 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Sec. 30-3. Subd. 2. (1). Trash and recycling containers shall be stored out of view of the public streetin an enclosed garage or accessory building . If they are not in an enclosed garage or accessory building, then the y must be located , or behind the front line of the dwelling (on a corner lot this applies to both the front line and the exterior side line) in a location that is screened from view from the street .,On corner properties, trash and recycling containers shall also be stored in an enclosed garage or accessory building, or behind the front line of the dwelling in a location that is screened from view from the street. But, in addition, corner properties have the option to store trash and recycling containers behind the side line of the dwelling that faces the side street, if the location is screened from view from the front -faced street. If not located in an enclosed garage or accessory building, then the screening must either be a wooden privacy fence, vegetation that when mature screens as effectively as a privacy fence, or some other effective permanent screen approved by the City Zoning Administrator.except The exception to these standards is that the containers may be placed at curbside after 5:00 p.m. the day before the scheduled collection and on days scheduled for collection. The trash and recycling containers shall be made readily accessible to the collector by placing the container at curbside no later than 6:00 a.m. on the day of collection. PLANNING REPORT TO: Mayor & Council Members CASE NO.: 2020-02 REPORT DATE: January 15, 2020 MEETING DATE: January 22, 2020 APPLICANT: Jennifer & Jeff Smittkamp LANDOWNER: Jennifer & Jeff Smittkamp REQUEST: Resubdivision to create a second parcel LOCATION: 703 Third Street South ZONING: RB, Two-Family Residential REPORT BY: Graham Tait, City Zoning Administrator REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION The applicant and homeowner, Jennifer and Jeff Smittkamp, are requesting to split their lot, 703 3rd Street South, into two individual lots. This lot is a 17,449 square foot corner lot, at the intersections of 3rd Street South and Willard Street East. There is currently an existing house, which lies within the northwest quadrant of the lot. There is also an existing 860sqft garage in the far rear of the property directly behind house, and there is an existing shed (approx. 194 sf) in the far southeast corner of the lot. Case No. 2020-02 Page 2 SPECIFIC REQUEST The applicants request approval of the resubdivision1 of the 17,449 square foot platted parcel at 703 3rd Street South into two parcels: a 9,349 square foot parcel for the existing house and garage; and an 8,118 square foot vacant lot. ANALYSIS Dimensional Standards Parcel B (Existing House) Parcel A Standard Existing/Proposed Standard Proposed Lot area 7,500 sf 9,349 sf 7,500 sf 8,118 sf Lot width (interior) 50’ NA 50’ 60’ Lot width (corner) 70’ 69.81’ NA NA Lot depth 100’ 135.31’ 100’ 135.28’ Lot cover: bldg. 25% 16.26% 25% TBD Lot cover: other impervious 25% ≈8% 25% TBD Front setback (3rd St S): house 20’ 26.4’ 20’ TBD Exterior side setback: (Willard St E): house 20’ 34.7’ NA NA Exterior side setback: (Willard St E): garage 30’ 34’ NA NA Interior side setback (south lot line) house 5/15’2 9.9’ 5/15’2 TBD Rear setback (east lot line) house 25’ 61’ 25’ TBD As seen in the table, if the lot is split as proposed, Parcel B (existing house and garage) will remain in conformity. In addition, Parcel A meets the minimum standards for a buildable property in the RB district. However, there is an existing shed on this property, which would not be in conformity because the lot split would result in an accessory structure, but with no primary structure, on this parcel. A note is in order here that the proposed lot width of Parcel B is 69.81 feet, whereas 70 feet is required for corner lots in the RB Zoning District. However, the Zoning Code, Ch 31-100, Subd 2 (b) allows all measured distances to be rounded up to the nearest foot. So, the proposed lot width is Code compliant. Also, not shown in the table, the existing garage has a legal non-conforming (aka grandfathered) rear yard setback. Sewer and Water – There is currently sanitary sewer and municipal water at the existing property. And, there are no pending utility assessments for this property. Though, it should be 1 As defined by City Code Sec. 32-1, Subd. 4(2). 2 A total of both interior side yards of 15’, with a minimum of 5’. 3 As defined by City Code Section 32-1. Subd. 3 Case No. 2020-02 Page 3 noted that when a building permit is requested for the new building site, utilit y connection and meter fees will be due on the new home. In 2020 those fees will be $3,939.50. Easements - City Code Section 32-1, Subdivision Regulations, Subd. 6, Minimum Design Standards, Subsection (8) requires an easement3 of ten feet on the front lot lines and five feet on the rear and side lot lines must be provided for public utilities, as well as surface drainage. The easements will need to be submitted to the City prior to release of approved deeds from City offices for recording with Washington County. However, due to the location of the legal nonconforming garage, it is recommended that there not be a rear easement on Parcel B (Parcel A should have a rear easement). Accessory Structures – As mentioned above, sheds are allowed only as accessory buildings on a lot. Which is to say, that a house must exist on a lot before a shed can be located there. Consequently, the shed existing on Parcel A will need to be removed prior to releasing the approved deeds for the parcels from City offices. Additionally, it is important to note that the shed cannot be moved to Parcel B, because Code allows for one garage and one accessory building that is 120sf or less on a lot; and this shed is over that 120sf threshold. Park & Trail Dedication – Neither parks nor trails are planned for the property or its immediate surroundings. Therefore, the Park Commission recommended the payment of fees in lieu of land. The fees are $500 for trails and $2,000 for park dedication. These fee will be due to the City for Parcel A upon release of its approved deed from City offices for recording with Washington County. Parcel B has an existing home and is therefore exempt from both of these fees. Neighbor Comments The City received two letters of concern. The letters are from the two properties immediately south of 703 3rd St S. Both letters stress there concern that if the lot split is approved, the building of another house is border-line inevitable. And the said neighbors put forth that another house “squeezed” into this location will adversely impact the neighborhood’s character, particularly from a historical preservation standpoint. Additional worries emphasized: Approx easements Case No. 2020-02 Page 4  It would foster unwelcomed density.  Proximity of any potential new structures to property lines.  Traffic/parking concerns (already a busy street and corner with St. Michaels school/church).  Possible lowering of adjacent property values. POSSIBLE ACTIONS The City Council has the following options: A. Approve the requested resubdivision with the following conditions: 1. Any substandard drainage and utility easements platted around the lots of the existing parcel must be vacated and new drainage and utility easements must be created by the owner around the two proposed parcels. These easements must be submitted to the City prior to release of approved deeds from City offices for recording with Washington County. 2. The existing shed on Parcel A must be removed (not relocated to Parcel B) prior to releasing the deed for either parcel from City offices for recording with Washington County. 3. A $500 trail fee and a $2,000 park fee will be due to the City for Parcel A upon release of its deed from City offices for recording with Washington County. 4. The sanitary sewer and municipal water hook-up fees must be paid prior to release from City offices of the approved deed for Parcel A. These fees do not apply to Parcel B. 5. A stormwater management plan must be submitted to the City Engineer and approved prior to release of a building permit for Parcel A. The plan must show that the runoff volume control standards of the City or watershed district, whichever is more restrictive, are met. B. Deny the requested resubdivision. With a denial, findings of fact supporting the decision must be provided. C. Table the requests for additional information. Case No. 2020-02 Page 5 FINDINGS AND RECOMMENDATION City Staff recommends approving the lot split with the conditions above. Attachments: Location map Certificate of Survey Opposition letters (2) cc: Jennifer & Jeff Smittkamp C S A H 23EAST WILLARD STREET 611 704 703 720 712 719 715712 804 718 628 806 655 203 704 807 622 723 708 709 618 808 801 807 805 663 713 717 801 719 808 715 807 713 µ 0 110 22055Feet General Site Location Site location 703 3rd St S ^ Sc/\1\1'1... s~; +-: l,,.,,,..,t e/f''":1 . (O·"'- (_(, ~ l ) 2' i !-1 :u;,l1 CERTIFICATE OF SURVEY -for-BALD EAGLE BUILDERS -of-703 3RD STREET SOUTH STILLWATER, MN LEGEND • DENOTES IRON MONUMENT FOUNO AS U8ELEO 0 OEHOTES IRON HOHUMENT SET, MARKl!O RlS• •1s1e 0 OEHOTl!S CATCH 5451N OEHOTES 1:XlSTING sPOT EUVATION ...... DENOTESGAJ'(WIRE "CJ' OENOTESHYOflAHT <Q,, DENOTES POWER POLE Cl DENOTES SANITARY SEWER MllHHOLE :::::::=:::=: DENOTES EX ISTING CONTOVAS DENOTES EXIST ING SANITARY SEWER DENOTES EXISTitlG WATER MAIN DENOTES O VEAHEAO WIRE DENOTES BITUMINOUS SURFACE DENOTES CONCRfTE SURFACE DENOTES PAVER SURFACE TREE DETAIL NOTES Fleld1urveywncompletdtiyE.G.Rud<1od Son1. ln.c.on 11/19/19. flur11>9lshown,11reonWuh109to11Coul'ltyd<1tum. Cu,t1111ou11rc tal<ena1 u,,top1ndbac1<orcu,11. PROPOSED LEGAL DESCRIPTIONS: PARCEL A : Th;lt p.lrt ol lou 28 and 29, 81odc J, CHURCHILL NELSON, AND SLAUGHTE.AS ADOITI ON, WHhlf\QIO<'I C'.ouoly, Minnesot.1, which ~s southtrty o/ ;a lll'MI: CIDWl'I 60 feet ,-thc,ty •nd Pllrlillet with the M>Ulh Nne of Uld Lot '28. PARCEL B : Thllt ,,.rt of LOCs 29 and 30, Block ), CHURCHIU., NELSON, ANO SLAUGHTERS AOOITIO~. WHNngton Couoty, Minnesota, whk l'I Mei northtrly ol I IM dt1wn 60 rut ,-therly Olnd pa,ra,11<!:1 witn tl'lt south Hoe ol Lot 28, Block J, sa!<I CHURCHILL, NELSON, AND SLAUGHTERS ADDmON, W1Slllngton County, Minne~. EXISTING LEGAL DESCRIPTION: Lou 18, 29, & JO, Bloc.It), CllURCH!LL, UELSOU, & SLAUGflTERS ADDITIOU, WJs/Jlngton County, Mjnncso11. m.,m Professional Land Surveyors •=.,, .... ,.m 6776 Lake Drive NE, Suite 110 Lino L akes, MN 55014 Tel. (651) 361-8200 Fax (65 1) 361-8701 ...... -.a _b_ -· . ---·-----·- .• NB~32'55,•,r 1 36.3 0 · PARCEL B {AREA" 9 ,349ft1 ) GRAPIDC SCALE t-.. .... .J ... J-.l r 1 INCH • 10 FEET OMWlt l V; IICO }()1111(1; i"U lS DUE: I J,IU/lt O<IC~lf: ltH ,0[1.(IQtCW;OI/Cf 19922LS January 14, 2020 To: Jenn Sundberg Stillwater City Hall 216 4th Street North Stillwater, MN 55082 RE: Request to Split Lot on property 703 3rd St. South, Stillwater, MN 55082 Dear Miss Sundberg, I am writing to let you know of my opposition to the request to split the property located at 703 3rd Street South, in half. I do not feel this request would be beneficial to anyone, but the requestor (current owner). I am assuming the requestor would like to split the lot in half and add a new structure. There was a new buyer in September 2019 (approx..), whom I was told was a real estate agent. The previous owners purchased a home a few blocks away from this property and were unaware of this intent when they sold the property. The request is incredibly disappointing. If you go to 703 3rd St South, and look around, it is evident that the homes on this block were built many many years ago and deliberately preserved (with original property lines). I am hoping this does not change. The lure of residing in Stillwater is the history and the architectural preservation. Owners have changed, and some are rentals, however, the structures, other than a few tasteful additions, have remained unaffected. To change the character of the area, by splitting the lot in half and adding new construction would not be in the best interest of the neighborhood. There are plenty of lots around Stillwater that welcome new construction. The lot is not very big and adding a new structure would not only impact the historical preservation, it would also create an unwelcome density. The house next to this property on 3rd St. has had the same owners for many years. They take impeccable care of their yard and enjoy summer barbeques with their family (adult children raised at the property) and sitting in front of their historical fireplace in the backyard. It makes me sad to think that this summer could potentially be negatively impacted by construction and additional structures so close to their property line. I plan to attend the meeting on January 21st and am submitting this letter as opposition to the request to split the lot at 703 3rd Street in half. Please include this as documentation for key decision makers to review. I truly hope the area remains historically and architecturally preserved and a precedent is not set going forward. It is a beautiful neighborhood! Kindest Regards, Chris and Cynthia Weiss 719 Third Street South Stillwater, MN 55082 (651) 324-7655 ccweiss@live.com Stillwater City Council Heritage Preservation Commission Regards to Case NO . 2020-02 Consideration of a Re-subdivision Location 703 Third street South Mark and Nancy Feely 715 south Third Street January 15, 2020 This letter is in regards tour concerns of the re-subdivision of the said property. Being the neighbor and resident of our location for 44 years, raising our family here we are concerned about our neighborhood and its future. My questions are about the preservation of the historic hc'lle ~nd orc1'lerty of 703, 3rd street and the neighborhood. With the subdivision it is inevitable there will be a sale and construction of some type of residence that will be squeezed onto this lot. This will rhange t:: .. e are<'l 0 heritage. New con struction will raise ma ny questio ns in the future which should be asked and considered first. This is a very busy street and corner to be adding another residence, drive way, more additional resident parking next to the St. Michael's school and church. Will this be a rental unit? Will a two car garage be mandatory and many more that will effect. We understand the city has basic required construction specifications which are minimal and to squeeze a row type building in this lot and location in our opinion is not conducive to the area. In 2016 we added a well designed porch to our house at a great expense to enhance and improve our home and neighborhood. We received a "Project of Merit Award "from the "Heritage Preservation Commission "for the preservation and the renewal of character of our property. In review of this possible change we have also found out it will also reduce the value of our property at the gain of someone else. Please take my concerns into consideration. For some reason I am to believe this is already a done deal even before the said property was just recently purchased. Mark and Nancy Feely CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A DESIGN PERMIT TO THE SIGN CODE FOR THE SOUTH ELEVATION SIGN ZONE-B TENANT SPACE 1400 IN THE BUIDLING LOCATED AT 1570 FRONTAGE ROAD WEST HPC CASE NO. 2019-21 WHEREAS, Gordon Skamser Jr. of Norman Quacks (applicant) requested an amendment to Design Permit 2013-042 to allow for a sign to be placed on the building and tenant space’s corner, architectural feature and outside of the designated sign band area; and WHEREAS, on September 18, 2019 the Heritage Preservation Commission (HPC) considered the request and tabled it, asking for a modified plan; and WHEREAS, on November 20, 2019 the applicant appeared before the HPC with no substantial plan changes; and WHEREAS, on December 18, 2019 the HPC denied the request with the approval of HPC Resolution 2019-01; and WHEREAS, on December 5, 2019 the applicant appealed the Planning Commission’s decision to the City Council; and WHEREAS, according to the established process, on January 7, 2020 the City Council held a public hearing to consider the appeal request. NOW, THEREFORE, BE IT RESOLVED, that the Council finds: 1. Site Layout: The sign is consistent with the orientation and location of buildings and open spaces in relation to the physical characteristics of the site, the character of the neighborhood and the appearance and harmony of the buildings with adjacent development. 2. Architectural character: a. The consistency of the applications design with approved design guidelines. The sign is located within, but in excess of, the original approved sign band but the sign is not inconsistent with the intent of the location of all the signs on the building as a portion of it is located in the sign band area. b. The compatibility of the character of the design with adjacent development. Portions of the building has been updated since the original sign plan was approved and this new sign is compatible with the improvements. Page 2 of 2 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Council hereby approves the Design Permit amendment request to allow the 1400 Frontage Road West sign to be located on the tenant space’s corner, architectural feature and outside of the designated sign band area. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of January, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A VARIANCE TO THE SIGN CODE FOR THE SOUTH ELEVATION SIGN ZONE-B TENANT SPACE 1400 IN THE BUIDLING LOCATED AT 1570 FRONTAGE ROAD WEST CPC CASE NO. 2019-46 AND 2019-71 WHEREAS, Gordon Skamser Jr. of Norman Quacks requested a Variance to allow a sign to exceed 20’ in height from ground grade to the extend above a parapet; and WHEREAS, according to the established process, on November 27, 2019 the Planning Commission held a public hearing to consider the request and on denied the variance request with the approval of Planning Commission Resolution 2019-01; and WHEREAS, on December 5, 2019 the applicant appealed the Planning Commission’s decision to the City Council; and WHEREAS, according to the established process, on January 7, 2020 the City Council held a public hearing to consider the appeal request. NOW, THEREFORE, BE IT RESOLVED, that the Council finds: 1. The variance is in harmony with the general purposes and intent of this chapter. 2. The variance is consistent with the comprehensive plan. 3. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; 4. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner (they didn’t construct the building, the pergola creates a limited amount of wall space); and 5. The variance, if granted, will not alter the essential character of the neighborhood. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Council hereby approves the variance request to allow the 1400 Frontage Road West sign to exceed 20’ in height from ground grade and to extend above the parapet line. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of January, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk PLANNING REPORT DATE: January 17, 2020 TO: Mayor & Council Members SUBJECT: Valet parking license for The Lora Hotel LOCATION: South Main Street REPORT BY: Bill Turnblad, Community Development Director BACKGROUND In 2016 the Parking Commission and City Council reviewed the parking mitigation plan for The Lora Hotel. The 40 room hotel and restaurant created an increased parking load of 15 cars over that which existed prior to the hotel conversion. The prior parking load was 51 vehicles and the hotel conversion load was 66 vehicles. The Lora Hotel was responsible for mitigating the 15 car increase. They proposed to do that by valet parking guest cars in the lot behind the hotel. The City Council approved the proposal. The Council also approved a license for the use of two parking spaces on Main Street for the valet service. The valet license was approved as Resolution 2016-153, which had a three year term expiring on August 3, 2019. The Parking Commission reviewed the valet license on January 16th and recommended that the Council reissue it with the same conditions. REQUEST The City Council is being requested to re-issuance the Lora Hotel valet license. COMMENTS There are three conditions attached to the license. The first is that the fee for reserving the two valet spaces would be $2,013 each annually. The parking fees have not been raised since 2016, so the Parking Commission recommends the fee remain the same for the next license period. The second condition of the valet license was that “customer vehicles from the valet stations shall be parked in the following facilities, in the priority order given here: 1) The Valet license for The Lora Page 2 private valet parking lot on the west side of the hotel property, then 2) the municipal parking ramp, and finally 3) municipal parking lot #20.” In actual practice, all guests that request valet service have their vehicles parked in the lot behind the hotel. So, the hotel management is comfortable keeping the same priority list as is included in the existing license. And, the Parking Commission recommended that this condition remain the same in the renewed license. The final condition was that its term would be three years. The Parking Commission recommends that the term of the re-issued license continue to be three years. RECOMMENDATION The Downtown Parking Commission and City Staff recommend approving the renewed valet license by adopting the attached resolution. Attachments: Renewal Resolution Resolution 2016-153 bt RESOLUTION NO. 2020-____ RESOLUTION GRANTING LICENSE TO ELEVAGE HOTEL GROUP, LLC FOR THE OPERATION OF VALET STATIONS ON SOUTH MAIN STREET WHEREAS, Corey Burstad of Elevage Hotel Group, LLC, submitted a request to renew the license to use two on-street parking spaces as valet stations for the Lora Hotel and restaurant located at 402 and 410 South Main Street; and WHEREAS, the original valet license was issued August 3, 2016 pursuant to Resolution 2016-153; and WHEREAS, the two requested valet parking spaces are proposed to be located on Main Street in front of the hotel’s main entrance and lobby, as shown in Exhibit A; and WHEREAS, on January 16, 2020 the Downtown Parking Commission reviewed the request to renew the valet license and recommended approval with the three conditions found below. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants license to Elevage Hotel Group, LLC to reserve usage of the two on-street parking spaces shown in Exhibit A for valet purposes, subject to the following conditions: 1. The fee per parking space is set by Resolution of the City Council annually. According to the 2020 Fee Resolution, the annual fee for the two parking spaces is a total of $4,026 ($2,013 per space.) The fee will be due January 31st of each year. 2. This license is valid for three years 3. Customer vehicles from the valet stations shall be parked in the following parking facilities, in the priority order given here: a. The private valet parking lot on the west side of the hotel property, then b. The Municipal Parking Ramp, and finally c. Municipal Parking Lot# 20. Adopted by the Stillwater City Council this 21st day of January, 2020. _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Beth Wolf, City Clerk EXHIBIT A RESOLUTION 2016-153 RESOLUTION GRANTING LICENSE TO ELEY AGE HOTEL GROUP, LLC & STILLWATER CA YES, LLC FOR THE OPERATION OF VALET STATIONS ON SOUTH MAIN STREET WHEREAS, Corey Burstad ofElevage Hotel, LLC, submitted a request for license to use two on-street parking spaces as valet stations for the hotel planned to be located within the historic Joseph Wolf Block, located at 402 and 410 South Main Street; and WHEREAS, the requested valet stations are proposed to be located on Main Street in front of the hotel's main entrance and lobby, as shown in Exhibit A; and WHEREAS, the Stillwater Planning Commission approved a Special Use Permit for the hotel on July 13, 2016. NOW THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby grants license to Elevage Hotel Group, LLC and Stillwater Caves, LLC to operate valet stations from the two on-street parking spaces shown in Exhibit A, subject to the following conditions: I. During the first year of operation a pro-rated annual reservation fee must be paid to the City prior to issuance of a Certificate of Occupancy for the hotel, and annually thereafter by January 1st of each year. The fee per parking space is set by Resolution of the City Council annually. According to the 2016 fee Resolution, the annual amount for the Main Street parking spaces is $4,026 ($2,013 per space). 2. This license is valid for three years, but fees will be reviewed annually. 3. Customer vehicles from the valet stations shall be parked in the following parking facilities, in the priority order given here: I. The private valet parking lot on the west side of the hotel property, then IL The Municipal Parking Ramp, and finally III. Municipal Parking Lot #20. Adopted by the Stillwater City Council this 3rd day of August, 2016. :x..tl !fiz2· Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Exhibit A OfficeUseOnly EventDate/Time:Setup: Date____________________________Time__________to__________ Date____________________________Time__________to__________ Date____________________________Time__________to__________ Incompleteapplicationsorapplicationsreceivedafterdeadlinewillnotbe accepted.SeeEventInstructionsforapplicationdeadlineandfees. DescriptionofEvent(pleasebespecificͲthisinformationwillbeusedtopromotetheeventontheCityofStillwaterwebsite): PrimaryContact/ApplicantName: Phone:Refermediaorcitizensinquiresto: PhoneNumber: SponsoringOrganizationName: ActualEvent: Cleanup: (IfinLowellParkpleasespecifynorthorsouthLowellpark) ApplicantInformation(Person/GroupResponsible) City,State,ZipCode: DateApplicationReceived________________ DateofApplication:_____________________________ WebsiteAddress: Nameofcontactpersonduringevent:CellPhone: Alternatecontactduringevent:CellPhone: Type:EventSpecialEventEventw/Contract Location(Address)ofEvent: EstimatedAttendance(participantsandspectators): EventInformation Title/NameofEvent (Eventsafter10:00p.m.requireavariancefromCityCouncil) MailingAddress: EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 CellPhone:Fax: EmailAddress: August 10, 2019 St. Croix River Lift and Loop Celebration May 15, 2020 12:00 p.m. May 15 & 16,2020 4:00 p.m.10:30p.m. May 16, 2020 8:00 a.m. Chestnut Plaza, Liftbridge and adjacent parking lots Ribbon cutting and grand opening of the lift bridge and St. Croix River loop trail 500-1000 MN Dot, City of Stillwater, St. Josephs Twsp., St. Croix County, Somerset, Hudson. 214 N. 4th. Street Stillwater, MN 55082 Mike Polehna 651-303-7569 mpolehna7569@gmail.com Mike Polehna 651-303-7569 Ted Kozlowski 651-236-7573 Kent Barnard, MN Dot 651-253-2803 SitePlan: No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Willmerchandise/fooditemsbesold? Willsoundamplificationbeused? Insurancecertificatefromrentalvendorisrequired EventFeatures Howmany vendorsexpected: Feesforelectricitymay applyseeInstructions Whattype:Feesforelectricitymay applyseeInstructions HoursandType: Willtherebeanyinflatables? Willastageortent(s)besetup? Willtherebeentertainment? Willanysigns/bannersbeputup Numberandsize: Willcookingoperationsbeconducted? Asiteplanismandatoryforallevents.Pleaseprovideamapofthesitelayout.Includeanytables,stages,tents, fencing,portablerestrooms,vendorbooths,trashcontainers,etc.Ifeventinvolvesaparade,raceorwalk, pleaseattacharoutemaphighlightingroute.Includereststopstations,crossings,signageandindicateroute directionwitharrows. ContactWashingtonCountyHealthDepartment,651Ͳ430Ͳ6655 Dimensions: Willfoodbepreparedonsite? Willtherebetemporaryfencing? ContactStillwaterFireDepartment,351Ͳ4950 No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Feesmayapply seeInstructionsNumberneeded: Numberneeded:Feesmayapply seeInstructions Willeventneedbarricade(s)? Willextrapicnictablesbeneeded? Describelevelofadvertisement(ie,radio,flyers,ads,tv,pressrelease).Attachsampleifavailable Willalcoholbesold? Describepowerneedsandlocationofpowersource. CitySidewalksorTrails CityServices(Afterreviewingtheeventapplication,Cityservicesmayberequriedfortheevent.) Willeventuse,closeorblockanyofthefollowing:Ifyesspecifylocationonsitemap. PublicParkingLotsorSpaces Start/EndTime: Date: Start/EndTime: Date: Start/EndTime: Date: Willtherebeafireworksdisplay?Permitrequired,contactStillwaterFireDepartment,651Ͳ351Ͳ4950 CityStreetsorRightͲofͲway SeeAlcoholRegulationsintheInstructions Willalcoholbeservedbutnotsold?SeeAlcoholRegulationsintheInstructions 5:30 p.m. - 10:00 p.m. Polka Dance Press releases Power to stage, beer garden and food trucks 5 food trucks 20' X 35' No Yes No Yes No Yes No Yes Numberneeded: No Yes No Yes Numberneeded: Numberneeded: Feesmayapply seeInstructions Feesmayapply seeInstructions Willeventneedtrafficcontrol? WilleventneedEMSservices?ContactLakeviewEMS,651Ͳ430Ͳ4621 Willextratrashreceptaclesbeneeded? Ifusingprivatesecruity,listSecurityCompanyandContactInformation: Willeventneedsecurity?Ifeventisovernight,securitywillberequired. Describetrashremovalandcleanupplanduringandafterevent: ContactStillwaterPoliceDepartmentforassistance,651Ͳ351Ͳ4900 Describecrowdcontrolproceduretoensurethesafetyofparticipantsandspectators: Will"NoParkingSigns"beneeded?FeesmayapplyseeInstructions Showlocation(s)onsitemap Willportablerestroomsbeneeded? SignatureofApplicantorAuthorizedAgent Date Thesponsor(s)ofthiseventherebyagreestosavetheCity,itsagents,officialsandemployeesharmlessfromandagainstalldamagesto personsorproperty,allexpensesandotherliabilitythatmayresultfromthisactivity.Dependingonthesizeofandscopeoftheeventa "CertificateofInsurance"mayberequired.Ifinsuranceisrequired,thepolicymustbekeptinforceduringtheeventofatleastthe statutorylimitsformunicipalitiescoveringclaimsthatmightbebroughtagainsttheeventthatariseoutoftheeventsauthorizedandto nametheCityasanadditionalinsuredontheirpolicy"astheirinterestmayappear."Asthesponsororauthorizedrepresentative,Icertify thattheinformationprovidedistruetothebestofmyknowledgeandagreetopaythepermitfeeforthiseventbaseduponthe informationprovidedinthisapplication.Irealizemysubmittalofthisapplicationrequestconstitutesacontractbetweenmyselfandthe CityofStillwaterandisareleaseofLiability. Listanyotherpertinentinformation: Describetheemergencyactionplanifsevereweathershouldarise: Describeplanstoprovidefirstaid,ifneeded: April 4, 2019 Cancel event and clear park Stillwater Fire, Stillwater Police and Lakeview EMS Stillwater Police and St. Croix County Sheriff ENGAGEMENT AGREEMENT FOR: Friday, September 27th 2019 Bridge Opening Event - Stillwater, MN PRIMARY CONTACT: Ted Kozlowski EMAIL: tedkozlowski@gmail.com / Phone Number: CONTRACT SENT ON: Friday, April 12th 2019 RE: TERMS OF ENGAGEMENT THIS CONTRACT IS CONFIRMATION OF A BINDING VERBAL AGREEMENT BETWEEN THE ARTIST AND THE PURCHASER. PHYSICAL DELIVERY OF THIS CONTRACT SHALL CONSTITUTE ACCEPTANCE BY ALL PARTIES REGARDLESS IF EITHER PURCHASER OR ARTIST SIGNS THIS CONTRACT…PLEASE FEEL FREE TO MAKE COPIES OF THIS CONTRACT FOR YOUR RECORDS. The Tim Sigler Band will perform as shown below: 1. Place of Engagement: Stillwater Lift Bridge 2. Date of Engagement: Friday, September 27th 2019 3. Performance Time: 6-10PM (Additional Time Available In Prorated 30-Minute Intervals) 4. Compensation Agreed Upon: $ 5000 DEPOSIT: $2500 (Non-refundable. Payable to “Tim Sigler” by Check or M.O., and due within 10 days. Deposits received after 10 days are subject to return, rendering the contract null and void, since the act has the option of booking elsewhere without obligation to any client whose deposit and signed contract are overdue beyond the 10 day courtesy period.) BALANCE: $2500 (Cash payments will be accepted immediately prior to the performance. Payments being made by check must be submitted a minimum of 10 days prior to the performance.) Additional Terms: - The band accepts NO liability for non-performance due to sickness, accident, riots, acts of God, or other circumstances beyond our control. In the event that the band is forced to cancel the show, a full refund will be issued to the purchaser. - The band is entitled to two twenty-five minute breaks per 4-hour time slot. - Setup: The band will arrive onsite approximately 1-hour prior to the scheduled performance...Early setup times for installation of sound and lighting production systems and/or sound checks may be available upon request for an additional charge. Pricing for an early setup is contingent upon the venue’s location and the requested time—Please call for more information. - Outdoor Shows: In the event of rain, the purchaser agrees to provide an alternative site for the band to perform. Purchaser further agrees that if unsafe conditions exist in the form of rain or lighting, it will be the sole judgment of the band leader as to cancel or perform. If such conditions exist and no alternative site is available, the purchaser agrees to pay the artist in full. Please indicate your agreement to these terms by dating and signing below. This CONTRACT shall be deemed to have been made in the State of Minnesota and shall be construed and governed according to the laws of that State. In the event that Tim Sigler must file suit to enforce this agreement, the PURCHASER/BUYER will be responsible for fair and reasonable attorney’s fees. THIS AGREEMENT MUST BE SIGNED & RETURNED WITH THE DEPOSIT WITHIN 10 DAYS TO SECURE YOUR DATE. Best Regards, Tim Sigler 1769 Lexington Ave. N. # 103 Saint Paul, MN 55113 Phone: (612)888-3357 E-Mail: bookings@timsigler.com THE TERMS OF THIS ENGAGEMENT IN THIS CONTRACT ARE ACCEPTED By:___________________________________ _____________________ (Signature) (Date) May 15th 2020 May 15th 2020 AMENDED 5/24/2019  ĂLJƚŝŵĞsŝĞǁ    EŝŐŚƚŝŵĞsŝĞǁʹǁŝƚŚůŝŐŚƚƐ   1 This Agreement Between GUINNESS WORLD RECORDS LIMITED (hereafter referred to as “GWR”), Company Number 00541295, of South Quay Building, 12th Floor, 189 Marsh Wall, London E14 9SH and 'you' as follows: (the “Parties”) in relation to the proposed record title: [INSERT PROPOSED RECORD TITLE]* (“Proposed Record Title”). *The exact title of the record is subject to change and GWR may offer you an alternative title if your Proposed Record Title is not acceptable. Terms and Conditions (“Terms”) You agree that in consideration of the mutual promises and covenants given in this Agreement (the sufficiency of which is hereby acknowledged), that all preparations for, undertaking and consequences of, your Record Attempt (as defined in section 4) are governed by the following provisions. GWR RECORD TITLES We want you to be successful! To do this, you will need the correct information before attempting a Guinness World Records record title. PROPOSALS 1. GWR receives a large number of Proposed Record Titles. Only some Proposed Record Titles are suitable to become official GWR record titles (“GWR Record Title”). 2. Your Proposed Record Title will only be deemed to be a GWR Record Title if you have received the following from GWR: 2.1 a claim number in relation to your Proposed Record Title (“Claim ID”); and 2.2 email confirmation that the Proposed Record Title is accepted as a GWR Record Title; and 2.3 a definition of the GWR Record Title you will attempt to break and related guidelines which you will need to comply with (“Guidelines”). (collectively “Record Attempt Information”). 3. If you attempt the Proposed Record Title before you receive the Record Attempt Information, you accept that the Proposed Record Title may not be recognised by GWR as a GWR Record Title. 4. A GWR Record Title attempt must be made in accordance with the Guidelines and these Terms (“Record Attempt”). PERMISSION TO CONTRACT WITH GWR Being able to enter into a valid agreement with you is important for you and for us. We have provided the necessary guidance below. MINORS AND CHILDREN 5. If you or any of the people undertaking the Record Attempt are under 18 years of age or considered a minor in the jurisdiction of the Record Attempt, you must have your parent or guardian read these Terms and agree on your behalf that your Record Attempt is subject to these Terms. 6. If you are considered a minor in your jurisdiction at the time you read and accept this document and your parent or legal guardian has not read and accepted this document, or the relevant jurisdiction does not recognise the validity of documents signed by parents or legal guardians on behalf of minors, your Record Attempt will not be recognised by GWR. COMPANIES, ORGANISATIONS AND GROUPS 7. If you are a company, organisation or group of people (“Group”), this Agreement must be read, agreed and accepted by a person who has been nominated by the Group as the representative and with the authority to enter into this Agreement on their behalf and only one person per Group may be nominated to act in such capacity. AGENCIES, EMPLOYEES AND CONTRACTORS 8. If you are engaged, employed or contracted to organize a Record Attempt on behalf of an 2 individual, company, organisation or group of people, you must have each persons’ consent (by way of your own separate agreement) to enter into, and accept this Agreement. SAFETY Pushing the limits of achievement can be a dangerous activity and may cause injury. Please ensure you put in place appropriate safety measures and obtain professional safety advice. DECISION TO PROCEED WITH RECORD ATTEMPT 9. YOU ACKNOWLEDGE THAT THE RECORD ATTEMPT, (EVEN WHEN CONDUCTED IN ACCORDANCE WITH THE GUIDELINES AND ANY SAFETY ADVICE AS MAY BE RECEIVED BY YOU FROM TIME TO TIME) MAY BE DANGEROUS TO YOU AND OTHERS AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE ENTIRELY RESPONSIBLE, AT ALL STAGES OF THE RECORD ATTEMPT FOR: 9.1 DECIDING WHETHER OR NOT TO PROCEED; 9.2 ALL SAFETY ASPECTS IN RELATION TO ITS PREPARATION AND/ OR ITS UNDERTAKING; AND 9.3 ANY AND ALL INJURY TO YOURSELF OR OTHERS WHICH IS CAUSED BY THE RECORD ATTEMPT. COSTS AND ADVICE 10. YOU HAVE, AT YOUR SOLE EXPENSE, TAKEN ALL APPROPRIATE PROFESSIONAL SAFETY ADVICE IN RELATION TO ALL ASPECTS OF RISK, INSURANCE AND SAFETY CONNECTED WITH THE RECORD ATTEMPT INCLUDING BUT NOT LIMITED TO: 10.1 IDENTIFYING ANY POSSIBLE RISKS TO YOURSELF, OTHER PARTICIPANTS AND ANY SPECTATORS; 10.2 IDENTIFYING AND OBTAINING MEDICAL AND OTHER RESOURCES THAT WILL BE READILY ACCESSIBLE AT THE LOCATION OF THE RECORD ATTEMPT; AND 10.3 TAKING ALL NECESSARY PRECAUTIONS AND MEASURES EITHER IDENTIFIED IN SUCH ADVICE OR IN ACCORDANCE WITH HEALTH AND SAFETY GUIDELINES ISSUED BY ANY RELEVANT PERSON, BODY OR AUTHORITY. LIABILITY 11. YOU AGREE THAT EXCEPT WHERE ARISING OUT OF GWR’S NEGLIGENCE (OR WHERE YOU ARE RESIDENT IN THE UNITED STATES OF AMERICA, GWR’S GROSS NEGLIGENCE), GWR, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARENT GROUP AND/ OR SUBSIDIARIES WILL HAVE NO RESPONSIBILITY FOR THE SAFETY OF ANY PART OF THE RECORD ATTEMPT AND WILL NOT BE LIABLE TO YOU OR YOUR PERSONAL REPRESENTATIVES FOR ANY LOSS, DAMAGE OR INJURY TO YOURSELF OR THE GROUP, OR YOUR OR THE GROUP’S PROPERTY IN CONNECTION WITH THE RECORD ATTEMPT. YOU AGREE TO INDEMNIFY GWR AGAINST CLAIMS BY THIRD PARTIES FOR INJURIES ARISING OUT OF YOUR RECORD ATTEMPT. 12. GWR DOES NOT PROVIDE ANY SAFETY ADVICE. ANY CORRESPONDENCE YOU RECEIVE FROM GWR RELATING TO SAFETY IS BY WAY OF EXAMPLE ONLY, NON-EXHAUSTIVE AND WILL IN NO WAY DETRACT FROM YOUR RESPONSIBILITIES SET OUT HEREIN. 13. ANY GUIDELINES SENT TO YOU BY GWR WILL MERELY CONTAIN A DEFINITION OF THE RECORD ATTEMPT YOU WILL BE UNDERTAKING AND ARE IN NO WAY INTENDED TO PROVIDE ANY KIND OF SAFETY ADVICE OR TO BE CONSTRUED AS PROVIDING ANY COMFORT TO YOU THAT THE RECORD ATTEMPT IS FREE FROM RISK. ADJUDICATION AND AUTHENTICATION Did you know you can arrange for an official GWR adjudicator to attend your Record Attempt? GWR ADJUDICATOR 14. You may request that a GWR adjudicator attend your Record Attempt. GWR will be under no obligation to agree to such a request, but if agreement is reached, GWR may require that you pay a fee and expenses, which may include at GWR’s sole determination, airfare, accommodation and a daily attendance fee for the adjudicator. 3 15. If GWR agrees to provide an adjudicator for your Record Attempt, it is agreed that the Parties will enter into a separate agreement for such services. ACCURACY OF GUIDELINES AND RECORD INFORMATION 16. GWR will provide you with Guidelines in relation to your Record Attempt. You understand that the Guidelines sent to you will be for achieving a record recognized by GWR as at the date when the Guidelines are sent out to you. 17. You agree that GWR may update or amend the Guidelines at any time without notifying you. It is your responsibility to obtain the latest guidelines from GWR before making the Record Attempt and, if any aspect of the Guidelines is unclear, you may contact our records management team by posting an enquiry from the members’ area of GWR’s website at www.guinnessworldrecords.com. 18. Any current record information GWR provides to you is obtained from GWR’s private database of world records (the “Database”). While reasonable endeavours are made to ensure the Database is accurate, GWR offers no guarantee or warranty as to the accuracy of the information provided to you. 19. You accept that records may change at any time due to a new record being achieved. 20. You acknowledge that any GWR category or record may be reviewed, rested or disqualified at any point at GWR’s sole discretion without notifying you. You are responsible for keeping yourself up to date with any new records as GWR will not inform you of any change to current records. RECORD ATTEMPT DECISIONS 21. GWR will, at its sole discretion, decide whether any Record Attempt has been successfully completed in accordance with any Guidelines sent to you (“Record”). You agree that, in the event of any dispute in relation to the interpretation of the Guidelines or the success of a Record Attempt, GWR’s decision will be final and GWR is under no obligation to enter into further correspondence with you. 22. You agree that GWR will have no liability for any loss suffered by you, the Group or third parties as a result of GWR deciding that you have or have not been successful in any Record Attempt. SUPPORTING MATERIALS AND EVIDENCE We have set out important information about how we use the evidence you submit to us. Please ensure you have read and understood the rights you are granting to us. EVIDENCE: GUIDANCE AND SUBMISSION 23. The Guidelines you receive contains guidance relating to the supporting evidence and materials you have to submit with your claim (the “Evidence”). 24. Following completion of your Record Attempt, you must submit your Evidence in accordance with the guidance provided to you and these Terms in order to enable GWR to decide whether or not your Record Attempt has been successful. EVIDENCE: INTELLECTUAL PROPERTY RIGHTS 25. You represent and warrant that you have all the rights, power and authority necessary to grant GWR intellectual property rights (“IPR”) in the Evidence. You agree to: 25.1 grant GWR an exclusive, irrevocable, royalty free, transferable, sub-licensable, worldwide licence in perpetuity to use, copy, reproduce, process, adapt, publish, transmit, display and distribute such IPR in any and all media or distribution methods (now known or later developed). You agree that this licence includes the right for GWR to promote its own brand, commercial products and to make the IPR available to other companies, organisations or individuals who partner with GWR for the syndication, broadcast, distribution or publication of the IPR on other media and services. Such additional uses by GWR, or other companies, organisations or individuals who partner with GWR, may be made with no compensation to you; and 25.2 waive unconditionally any moral rights you may have in relation to the Evidence, such that, without limitation, GWR has no obligation to 4 identify you as the author or creator of the Evidence and you will have no right to object to the manner in which GWR uses the Evidence. RESPONSIBILITY FOR EVIDENCE USAGE 26. You are responsible for the Evidence that you submit to GWR, and for any consequences thereof, including the use of your evidence by our third party partners. 27. You understand that your Evidence may be syndicated, broadcast, distributed or published by our partners and if you do not have the right to submit Evidence for such use, it may subject you to liability. 28. GWR will not be responsible or liable for any use of the Evidence in accordance with these Terms. SUCCESSFUL RECORDS ATTEMPTS Congratulations if you are successful! We explain what happens next below. WHAT HAPPENS NEXT? 29. If your Record Attempt is considered by GWR as being successful, GWR will provide you a certificate recognising the Record and details of your Record Attempt will be included in the Database. 30. GWR will be under no obligation to include the Record, or any details in relation to it, in any edition of the Guinness World Records books or any other GWR publication, website, television show or other medium in which GWR exploits its brand, but if it is included, you acknowledge that GWR (or its third party licensees) will not be liable in any way for any error in respect of any details associated with the Record or the Record Claimant. WARRANTY AND INDEMNITY 31. You warrant and undertake to us: 31.1 that all information that you submit to GWR in association with the Record Attempt will, to the best of your knowledge, be true, accurate and complete in all respects; 31.2 that nothing in the Evidence (whether by way of inflection or gesture or otherwise) will infringe the copyright, right of privacy, right of publicity, trademarks or any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory or be calculated to bring any person into disrepute; and 31.3 that where you are signing this document on behalf of a Group who are to participate in the Record Attempt, all such participants in the Group have read, are fully aware and have consented to the terms of this document. 32. You hereby indemnify on demand and hold harmless GWR (and, as applicable from time to time, GWR’s parent, subsidiaries, affiliates, officers, directors, licensees, assignees, agents and employees) from and against any and all losses, demands, claims, damages, costs, expenses (including reasonable legal fees) and liabilities suffered or incurred by GWR as a result of a claim by a third party arising out of your breach of any provision of these Terms. DATA PROTECTION GWR respects the privacy of those that apply for a Record Attempt and is committed to providing a safe, secure and transparent environment to protect the personal information you supply to us. USING PERSONAL DATA YOU PROVIDE TO US 33. GWR is the designated data controller of all personal data that you may provide to us. You can contact us via email at dpo@guinnessworldrecords.com or write to us at: The Data Protection Officer, Guinness World Records Limited, South Quay Building, 12th Floor, 189 Marsh Wall, London, E14 9SH. 34. Central to its mission to be the ultimate global authority on record breaking achievement, GWR maintains a large Database of record related information, including which individuals or groups hold those records and their personal details such as name, address, telephone number, age, gender and occupation. 35. The processing of your personal data is necessary in order to continue to research, measure, authorise and document world record achievements. These records are stored in the Database, which acts as a 5 unique repository of the world’s superlative facts and feats. Due to the archiving nature of GWR’s activities, we may store your personal data for a significant period of time. This ensures that, for example, in the event of a broken record, we are able to draw on the knowledge kept in the Database to inform our audiences of the most current record- holder. 36. In order to review and consider your application to undertake a Record Attempt, it is necessary for GWR to process the personal data that you provide to us. As a necessary part of the application process, this provides GWR with a lawful basis upon which to process your personal data. 37. The legal definition of ‘processing’ includes, but is not limited to collection, any operation which is performed on personal data such as collection, organisation, storage, use and making available. 38. With your consent, all Evidence and personal data provided by you to GWR will be held and used by GWR and its partners for the purposes of: 38.1 publishing and promoting any of GWR’s products and services; and 38.2 exploiting the GWR brand and Evidence in any and all media. TRANSFERS OF YOUR PERSONAL DATA 39. GWR licenses its brand to trusted partners and licensees around the world, for example book publishers, television broadcasters and games developers. From time-to-time we may share your personal data with these companies to enable them to further promote your achievement and/ or make contact with you directly. We oblige that all our partners and licensees contractually adhere to appropriate levels of security of your personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. As GWR has several international offices, GWR representatives may be required to share your personal data between these offices. For example your Record Attempt application may be processed by a New York-based GWR representative with a specific expertise in a subject which is not covered by our London office. For the purposes of these Terms, GWR’s trusted partners, licensees and representatives are collectively known as the GWR Partners. 40. The European Commission assesses and determines which countries offer adequate levels of protection for your personal data (an “Adequacy Decision”). In the existence of an Adequacy Decision, a transfer of your personal data does not require your consent. Some of the GWR Partners may be based in countries which are not subject to an Adequacy Decision. In such an event, GWR ensures that the GWR Partners strictly adhere to those appropriate safeguards as described in section 39 above. For example, we will not share your personal data by electronic mail as this method does not guarantee an appropriate level of security. 41. Your consent to transfer your personal data to the GWR Partners based in countries which are not subject to an Adequacy Decision will ensure that we have a legal basis upon which to do so. Because your Record Attempt application may be processed by a GWR representative in a country which is not subject to an Adequacy Decision, failure to provide us with your consent to transfer your personal data means that we are not able to process your application.  I CONSENT TO GWR’S TRANSFER OF MY PERSONAL DATA TO ANY GWR PARTNER WITH THE KNOWLEDGE THAT IT MAY BE BASED IN A COUNTRY WHICH IS NOT SUBJECT TO AN ADEQUACY DECISION. YOUR CONSENT FOR GWR TO USE YOUR PERSONAL DATA In order for us to interact with you, tell the world about your achievement and promote the Guinness World Records brand to inspire others, we need permission from you to make use of your personal data. 42. Your provision of personal data is a necessary requirement under these Terms to enable GWR to promote your achievement. The consequence of you failing to provide your consent to the following 6 requests will unfortunately mean that we are not able to publicise you as a GWR record-holder.  I CONSENT TO GWR PROCESSING MY PERSONAL DATA FOR THE PURPOSES OF PUBLISHING AND PROMOTING GWR’S PRODUCTS AND SERVICES.  I CONSENT TO GWR PROCESSING MY PERSONAL DATA FOR THE PURPOSES OF EXPLOITING THE GWR BRAND AND EVIDENCE IN ANY AND ALL MEDIA. 43. To improve your experience when using our websites and deciding what additional products and services may be of interest to you, sometimes GWR may make automated decisions, including profiling, based on the personal data you have provided to GWR. Any such decisions have no legal or significant effect or consequence on you whatsoever and will not be a factor in determining whether we accept your application to undertake a Record Attempt. YOUR RIGHTS TO YOUR PERSONAL DATA 44. You can withdraw any of your consents at any time. Do to so, please visit the privacy dashboard on www.guinnessworldrecords.com. In the event that you do withdraw your consent(s), this shall not affect the lawfulness of the processing GWR has undertaken before your consent was withdrawn. 45. In addition to your right to withdraw your consent at any time, you also have the right to make the following requests to GWR in regards to the personal data you have provided us: 45.1 to be provided with a copy, including in a structured, commonly used and machine- readable format; 45.2 rectification or erasure (aka the “right to be forgotten”); and 45.3 to restrict and/ or to object to GWR’s processing. 46. You are welcome to contact us at dpo@guinnessworldrecords.com should you have any questions or comments about the way we handle your personal data. Should you not be satisfied with our response, EU citizens have a right to lodge a complaint with a supervisory authority, being the relevant independent public body established in your member state. USING GWR’S TRADEMARKS These are important rules you need to follow if you wish to use of our brand to promote your Record Attempt and if successful, record achievement. Please follow them to avoid infringing our intellectual property rights. RESTRICTIONS TO USAGE 47. You acknowledge that the words GUINNESS WORLD RECORDS and OFFICIALLY AMAZING and the "star and pedestal logo” (the “GWR Logo”) are trademarks of GWR and are protected by trade mark registrations or applications for registrations throughout the world and as such their usage is restricted. 48. YOU AGREE THAT YOU WILL NOT USE THE WORDS GUINNESS WORLD RECORDS, OFFICIALLY AMAZING, THE GWR LOGO, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY BELONGING TO GWR FOR ANY COMMERCIAL PURPOSE WHATSOEVER, INCLUDING, FOR EXAMPLE, ACTIVITIES FROM WHICH YOU MAY DERIVE REVENUE, SUCH AS RELEASING PUBLISHED ACCOUNTS OF YOUR EXPERIENCES AS A RECORD ATTEMPTER OR HOLDER. ANY USAGE OTHER THAN DESCRIBED DIRECTLY BELOW REQUIRES A WRITTEN LICENCE FROM GWR PRIOR TO ANY SUCH FURTHER USAGE, WITH THE GRANT OF SUCH LICENCE BEING AT THE ABSOLUTE DISCRETION OF GWR. PERMITTED NON-COMMERCIAL USAGE 49. You agree that you will only use the words GUINNESS WORLD RECORDS to the extent necessary to identify and describe your Record Attempt or Record, and you agree to refrain from doing anything that in any way suggests an affiliation with GWR other than your Record Attempt. 50. Non-commercial usage of the GWR Logo is not permitted as this goes beyond what is necessary to identify and describe your Record Attempt or Record. Therefore, you may not use the GWR Logo anywhere on any press release, or in any other fashion whatsoever. 7 51. Once GWR has authorised your Record Attempt and/ or once GWR authorises you as having achieved a Record, you may without consulting GWR: 51.1 issue a press release stating your intention to break a Guinness World Records record, or your success in doing so; and 51.2 state in media interviews that you are making a Guinness World Records Record Attempt, or that you have done so successfully. MISCELLANEOUS 52. These Terms represent the entire agreement between the Parties in relation to, and supersede any previous agreements between the Parties relating to, any Record Attempt or GWR record and no representations made by or on behalf of GWR in relation to any Record Attempt or Record will form part of these Terms (provided that nothing in these Terms will be deemed to exclude or restrict GWR’s liability to you for fraudulent misrepresentation). 53. These Terms have been drawn up in English. Although translations in other languages of these Terms may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of these Terms and any other translations thereof, the English language version will prevail. 54. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any provision of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 55. If any term, condition or provision of these Terms is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions will not in any way be affected or impaired. 56. This Agreement may be freely assigned or licensed by GWR without your consent. 57. This Agreement and all matters arising out of your record attempt will be governed and construed in accordance with the law of England & Wales and subject to the exclusive jurisdiction of the English courts, and you waive any and all objections you might otherwise have to venue, or to the personal jurisdiction of the English courts. RIGHT TO CANCEL 58. Where you are a resident of the EU, and further to the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, upon signature of this Agreement you are entitled to a period of fourteen (14) days within which to cancel the services offered hereunder by GWR. 59. Should you wish to cancel this Agreement, please notify GWR by emailing dpo@guinnessworldrecords.com within fourteen (14) days, including your Claim ID in the subject heading. 60. Where you have requested our priority review service, you agree and acknowledge that as GWR will commence provision of the services prior to the expiry of the fourteen (14) day cancellation period if you request a cancellation of the priority review service, the refund you are entitled to will depend on the portion of the service already delivered to you. 61. We may terminate this agreement at any time. RECORD CLAIMANT DECLARATION AGREEMENT TO THESE TERMS  I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT. I AGREE TO BE BOUND BY THEM. BOARD AGENDA Board of Commissioners Fran Miron, Chair, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 January 14, 2020 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 1.9:00 Roll Call Pledge of Allegiance 2.9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3.9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A.Approval of the December 17, 2019, County Board meeting minutes. B.Approval to reappoint Craig Leiser, Stillwater, and appoint Chuck LeRoux, Oak Park Heights, to the Brown's Creek Watershed District to 3-year terms expiring on October 21, 2022. C.Approval of a new Art-In-Public-Places policy that establishes the framework for art work to be displayed in spaces accessible in Washington County owned and leased facilities. D.Rescind Washington County Board Resolution No. 2005-120 and clarify that the Washington County Library Advisory Board is governed by Policy #6006. E.Adopt a resolution for delegation of authority to make electronic funds transfers to the Director of Accounting and Finance Department or their designee. F.Approval of 2020 Tubman Contract No. 13059 in the amount of $188,505. G.Approve Contract No. 13134 with Canvas Health in the amount of $1,459,609.00, for the period of January 1, 2020, through December 31, 2020, and authorize its execution pursuant to Minn. Stat. 373.02. H.Approve licenses for the use of real property for the collection of household hazardous waste, and authorize execution by the Board Chair, County Administrator, and pursuant to Minn. Stat. 373.02. I. Approve Cooperative Agreement No. 11260 for maintenance between the City of Afton and Washington County, for the period from signature through perpetuity, for the St. Croix Trail and Downtown Village Improvements Project (RB-2551). 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 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER J. Approve Contract No. 13119 with Tierney Brothers in the amount of $140,035.71, for the County Board Room Audio Visual Update. K. Approval to set a public hearing for February 11, 2020 at 9:00 a.m. to consider an update to the county’s current Transportation Sales, Use and Excise Tax to include funding the development and construction of county Road & Bridge projects as well as increase the tax to 0.5%. 4. 9:10 Human Resources - Angie Nalezny, Director A.Adopt a resolution to appoint Kevin Corbid as County Administrator effective January 29, 5. 9:20 Public Works - Jan Lucke, Planning Director A. Approve Agreement for Financial Services for Gold Line Joint Powers Board between Washington County and the Gold Line Joint Powers Board. 6. 9:25 Sheriff's Office - Sheriff Dan Starry A. Adopt a resolution authorizing the Washington County Sheriff's Office to accept a donation of automatic external defibrillator (AED) pads and batteries from Mark Altmann valued at $4,490. 7. 9:30 General Administration - Molly O'Rourke, County Administrator A. Adopt a motion directing the County Administrator to sign a letter of consent as required by Executive Order 13888, Enhancing State and Local Involvement in Refugee Resettlement. 8. 9:40 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.Board Correspondence 10. 9:55 Adjourn Consent Calendar FRQWLQXHG Washington % -~County Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 10:00-10:35 A. Review plans for a West Central Service Center, as recommended by studies performed for Washington County Workplace Guidelines and a Strategic Facility Plan. 10:40-11:25 B. Potential updates and modifications to the county’s current Transportation Sales, Use and Excise Tax. 12. 11:30-12:00 Board Workshop with Administration A.Update on the 2020 Strategic Plan 13. 12:05 Personnel Committee 11. 10:00 Board Workshops with Public Works Washington % -~County STILLWATER TOWN BOARD MEETING January 9, 2020 Town Hall 7:00 P.M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Rod Hunter, Tim Sinclair, Bonnie Haines and Mike McMahon, Clerk Kathy Schmoeckel, Planner Merritt Clapp-Smith and Treasurer Marsha Olson. 1. AGENDA – M/S/P Sinclair/Haines moved to adopt the agenda as amended. (5 ayes) 2. TKDA PLANNING SERVICES – Douglas Fischer, Vice President of Municipal Services with TKDA, was present to discuss the transition anticipated with Merritt Clapp-Smith’s leaving to become an independent contractor. They plan to continue to provide services to the Township during the transition and Merritt will continue to work to provide a seamless transition with her successor. They will be beginning the interview process next week. 2. MINUTES – Hunter/Sinclair moved to approve the December 12, 2019 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. TREASURER – a. Report given. b. Budget – Fred Brandt was present to provide updated figures on the Road and Bridge Capital Fund projections. The vote on the proposed levy should be at the February Town Board Meeting. c. Checks and Claims – Checks and Claims #44146 through #44164 were approved for payment. 4. PLANNER – a. McDonald Major Subdivision and Variance – Planner Merritt Clapp-Smith reviewed the proposed application. The Planning Commission had held a Public Hearing on this at their January 2, 2020 meeting. One issue that still needs to be determined is who would hold the conservation easement on the outlots which comprise 92 acres. There is a need for a variance to allow for a 75 foot setback rather than the required 200 foot setback. All or part of outlots could be sold to neighbors, but it would only be done after the conservation easement is in place. M/S/P Hunter/Sinclair moved to approve the Preliminary Plat and Variance for a Major Subdivision of property located at 109888 Myerson Road North. (5 ayes) b. Subdivision Ordinance Amendment - The proposed amendment related to the Township practice of having a minor subdivision with no apparent controversy to go straight to the Town Board and miss the step of the Planning Commission. The wording in the ordinance needs to be amended to provide for this practice. The Planning Commission had a Public Hearing on this proposed amendment at their January 2, 2020 meeting. Stillwater Town Board Mtg. – 01/09/20 Page 2 M/S/P Hunter Haines moved to adopt the proposed amendment to the Stillwater Township Zoning Ordinance, Chapter 3 Subdivision Regulations, Section 5 Minor Subdivision. (5 ayes) c. Solar Energy Ordinance Amendment – A Public Hearing was held at the January 2, 2020 Planning Commission meeting on this proposed amendment which would allow for a larger ground-mounted solar array than 800 square feet with a Conditional Use Permit. M/S/P McMahon/Sinclair moved to adopt the proposed amendment to the Stillwater Township Zoning Ordinance, Chapter 2, Section 5 Table of Uses and Section 2.22 in regard to ground-mounted solar energy systems. (5 ayes) d. 2040 Comprehensive Plan Implementation – There are a few small items that need to be addressed in connection with the 2040 Comprehensive Plan, including lighting regulations, code language to support ag endeavors and “green” issues. The Planning Commission will be asked to work on this. 5. PARK MANAGER – Park Manager Kelley Shantz was present. He would like to purchase a Cargo Hauler for hauling garbage from the park. M/S/P Hunter/Haines moved to authorize the purchase of a cargo hauler, not to exceed $100.00. (5 ayes) 6. ELECTION JUDGES – M/S/P Haines/Hunter moved to appoint the following election judges for the March 3, 2020 Presidential Primary: Vicky Turchiniak, Rosemary Ranalla, Deanna Buzicky, Viv Hanson, Robert Geisen, Barb Riehle, Helen Olsen and Head Judge Debbie Sinclair. (4 ayes, Sinclair abstain) 7. ORGANIZATION – Supervisors will continue as liaisons for the following committees: Planning Commission – Sheila-Marie Untiedt Park Committee – Bonnie Haines Communication Committee – Mike McMahon Rod Hunter and Tim Sinclair will act as back-up. 8. RALEIGH UPDATE – The County Five Year Permit and the Township Annual Permit for the Raleigh Mining Pit will be coming up for renewal. Washington County had held an Open House earlier this evening which Supervisors attended. The consensus was the attendees seemed disappointed that there was no presentation. The Township will hold an informational meeting on Wednesday, February 5th at 7:00 p.m. Issues to be presented include: players, jurisdictional issues, enforcement issues, number of trips, hours of operation, noise levels, and hours of operation. 9. OUTSIDE LIGHTS – The outside lights will be turned off on March 1st. 10. PINE POINT PARK MASTER PLAN – Rod Hunter had attended several meetings with respect to the discussion of the plan for Pine Point Park which he reported on. 11. ADJOURNMENT – The meeting was adjourned at 8:40 p.m. Stillwater Town Board Mtg. – 01/09/20 Page 3 Clerk______________________________________ Chairperson_________________________________ Approved___________________________________