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HomeMy WebLinkAbout2020-05-19 CC Agenda Packet The Bic Ihplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 Public comments can be emailed to stillwater@ci.stillwater.mn.us or on the City website under Mayor & Council/Meeting Videos. REVISED AGENDA CITY COUNCIL MEETING May 19, 2020 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of Council Service Award to Rob SanCartier (Traffic Safety Review Committee) V. 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. VI. 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 VII. 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. May 5, 2020 regular and recessed meeting minutes 11. Payment of Bills 12. Conflict Waiver Request - Central Commons 13. Designated Authority for Electronic Transfers - Resolution 14. Financial Audit Contract for 2019 15. Fireworks Permit for Target 16. Max ToDo Marine Services Lease Agreement - Resolution 17. Sanitary Sewer Adjustments VIII. PUBLIC HEARINGS - None IX. UNFINISHED BUSINESS 18. COVID-19 Update a. Financial Impacts - -1 Resolution b. Business Recovery Efforts i. Liquor License Refunds ii. May 1 Chamber of Commerce Proposal iii. Park Reservations and Reopening Update X. NEW BUSINESS 19. Boom Road Property Easements 20. Council Meeting Dates Changed 21. Neal Avenue Easement Acquisitions - Resolution 22. Neal Avenue Improvement Project Bid Award - Resolution 23. Participation in State Performance Measurement Program - Resolution 24. Planning Division Work Plan 25. Graduation Parade 26. Liquor License Amendment Request for Lora/Feller XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda May 19, 2020 Page 1 CITY OF STILLWATER LIST OF BILLS Affordable Comfort Mechanical American Planning Association American Pump Company AMI Consulting Engineers PA Aspen Mills BCA Training Bennett & Koch Construction Bentley Systems Inc. BlueCross BlueShield of MN Inc. Board of Water Commissioners Bolton and Menk Inc. Brock White Co. LLC Buberl Black Dirt Inc. CDW Government Inc. Century Link Chem Systems LTD Cintas Corporation City of St. Paul City Wide Maint of MN Comcast Computer Integration Technologies Dalco Darkhorse Derrick Construction Co. Inc ECM Publishers EG Rud & Sons Emergency Automotive Emergency Medical Products Enterprise FM Trust Frontier Ag & Turf Gopher State One Call Inc. Granicus Inc Henning Professional Services Hermanson Keith Hoisington Koegler Group Inc IAPE Indy Painting J.P. Cooke Co. Jefferson Fire and Safety Inc. Kath Companies Kelly & Lemmons PA League of MN Cities Ins Tr LeVander Gillen Miller PA Loffler Companies Refund permit APA Membership Rental pumps Riverbank Stabilization Uniforms Training Grading Escrow Refund Open Roads SignCAD Subscription Retiree Health Ins WAC Charges Lift station design engineer Roadsaver Black dirt Headset COVID-19 Telephones Cordless handheld electrostatic sprayer Uniforms & mat cleaning Asphalt Commercial cleaning services Cable Heirloom & Landmark Website Janitorial supplies Repair Grading Escrow Refund Vacancy for Charter Notice Browns Creek Trail @ Neal Case for iPad COVID-19 supplies Lease vehicles Starter motor Locates Qtrly web streaming service Right of way services Variance ap refund Professional services Membership Sewer garage painting Dog tags Supplies Grease & windshield wash Prosecution Claim LMC GL 103709 Professional services IT Professional Service & Copier Lease 80.50 473.00 18,147.00 3,272.25 284.34 75.00 1,500.00 720.00 3,113.50 4,257.00 2,850.00 4,233.00 375.00 230.60 480.31 925.00 310.18 698.85 7,400.00 49.35 4,129.25 808.39 500.00 1,500.00 23.75 1,519.00 70.47 96.66 7,938.21 167.10 472.50 1,854.58 1,742.10 225.00 30,477.84 50.00 4,900.00 201.30 28.97 572.00 8,333.00 1,000.00 12,381.83 4,159.26 Page 2 Mansfield Oil Company McBroom Laura Menards Metropolitan Council Miller Excavating MN City/County Mgmt Assoc. Motorola Solutions Inc. NagelI Appraisal Office Depot Olsen Chain & Cable Inc. OnSite Sanitation Otis Elevator Company Patrick Janelle Pioneer Press St. Paul Quill Corporation Rehn Code Consulting Services Rustad Christopher Safe Fast Inc Safety Signs Service on a Shoestring Sherwin Williams Simplifile LC SiteOne Landscape Supply Springbrook Software St. Croix Boat and Packet Co. Stillwater Towing Structures Hardscapes Specialists SW/WC Service Cooperatives T.A. Schifsky and Sons Thomson Reuters Toll Gas and Welding Supply Tri-State Pump and Controls Inc. Uline Inc US Bank US Postal Service Valley Trophy Inc. Verizon Wireless Voyant Communications Washington Conservation Distr Washington County Recorder Xcel Energy Fuel Reimburse for uniform boot Supplies Wastewater Charge & SAC Class 5 & street sweepings Membership Radios 2020 Street Imp property appraisal Office supplies Equipment repair supplies Portable Restroom Elevator contract Fence permit refund Publication Coffee & notary seal Plan review Refund HPC 1401 Broadway Safety supplies Barricades Recycling Coordinator Services Paint for cross walks Filing fee Park supplies Monthly UB web payments Ramp cleaning Towing service Library Parking Pavers Project Retiree Health Insurance Asphalt Information Charges Cylinders Lift station repair Nitrile gloves COVID-19 Paying Agent Fees Postage for mail machine Name plate Wireless Service Phone Shared Educator Assessing Service Fee Energy 4,705.65 124.00 198.51 176,480.94 372.62 190.00 49,431.75 12,000.00 496.76 134.79 541.14 1,298.76 25.00 41.28 45.46 1,647.99 175.00 503.31 6,300.00 2,250.00 522.20 100.00 713.31 360.00 810.00 300.00 50,976.00 71,902.08 1,128.95 150.59 43.92 1,430.00 610.00 1,900.00 5,000.00 47.00 2,896.75 554.28 675.00 118,441.89 3,028.05 Page 3 REC CENTER Braun Intertec Corporation Comcast Corval Constructors Viking Auto Sprinkler Co. Water Works Plumbing & Heating LLC LIBRARY Amazon Business Brodart Co Comcast Culligan of Stillwater Stillwater Printing Co. ADDENDUM Dalco IPMA-HR Pro-Tec Sherwin Williams Stillwater Towing Your Home Improvement Co Adopted by the Stillwater City Council this 19th day of May, 2020 Mayor Ted Kozlowski Construction & materials testing Internet Equipment repair Annual inspection New irrigation line in front of dome General Supplies Materials Internet Water COVID Mailer Supplies Membership Alarm Monitoring Credit Memo Towing service Permit refund 1,560.00 109.85 45,357.50 1,320.00 962.56 63.06 3,191.40 188.06 21.25 795.00 29.72 396.15 335.40 (156.20) 165.00 104.25 TOTAL 705,622.07 MEMORANDUM TO: Mayor and City Council FROM: Reabar Abdullah, Assistant City Engineer DATE: May 4th, 2020 RE: Neal Avenue Improvement Project 2019-08 DISCUSSION The bid opening for the Neal Avenue Improvement project was Friday, May lst, 2020. The City received eight bids with the lowest bid in the amount of $1,352,635.23 submitted by Miller Excavating Inc. of Stillwater, Minnesota. This was 15% lower than the engineer's estimate. In analyzing the bids, the unit prices between the engineers estimate and the contractor's bid prices were comparable. Staff spent time analyzing the project and the bids, and resulted in lower assessments for the reconstruction of Neal Avenue, however the utility services installation were very close to the engineer's estimate. The City requested three appraisals in the project area. The appraisals indicate that properties along Neal Avenue met the benefit. RECOMMENDATION It is recommended that the City accept the bids submitted for the Neal Avenue Improvement Project, Project 2019-08, and award the contract, to Miller Excavating. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2020- ACCEPTING BID AND AWARDING THE CONTRACT FOR NEAL AVENUE IMPROVEMENT PROJECT (PROJECT 2019-08). ACCEPTING BID AND AWARDING CONTRACT FOR NEAL AVENUE IMPROVEMENT PROJECT (Project 2019-08) WHEREAS, pursuant to an advertisement for bids for the Neal Avenue Improvement Project, eight bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Miller Excavating, Inc., Baytown, MN $1,352,635.23 T.A. Schifsky , North St. Paul, MN $1,362,488.30 OMG Midwest Inc - DBA Minnesota Paving & Materials, Rogers, MN $1,418,467.10 Dresel Contracting, Chisago City, MN $1,448,467.10 Viet & Company, Rogers, MN $1,599,895.63 A-1 Excavating, Bloomer, WI $1,570,094.64 Kuechle Underground, Kimball, MN $1,665,491.55 Meyer Contracting, Maple Grove, MN $1,988,694.34 Engineer's Estimate $ 1,601,371.83 and WHEREAS, it appears that Miller Excavating of Stillwater, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with Miller Excavating of Stillwater, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 19th day of May 2020. ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor Planning Division Work Plan 2020-2023 Status 2020 Project Resources 2021 Project Resources 2022 Project Resources 2023 Project Resources Community Development Director 1. Improve economic development web presence 2. Design for Chestnut Street Plaza, Commercial Street ped improvements, and Main St ped improvements 3. Sign ordinance re -write 4. Development of Master Plan for City's recreation center 5. Update zoning code + zoning map for consistency w Comp Plan 6. Replace parking ramp gate equipment with mobile payment system 7. Downtown parking capacity study (w ZA) 8. Demolish Shorty's and expand municipal lot 14 (Public Works L) 9. Concept plan resolution of support for St Croix Curling Center 10. Create Planning Supervisorposition CDD's time (20 - 40 hrs) 1. Chestnut Plaza, Commercial St ped CDD's time (40-60 hrs) + PW's time + improvements and Main Street construction manager (in 2021 CIP; improvement construction $2 million available from MnDOT) 1. Design of parking ramp on 2nd between Olive and Chestnut CDD's time (60-80 hrs)+ design consultants (in 2022 CIP, but unfunded) 1. Parking ramp construction on 2nd between Olive and Chestnut CDD's time (100-120 hrs) + construction manager (In 2022 CIP, but unfunded) CDD's time (50-70 hrs) + design consultant ($2 million MnDOT funding) 2. Outside storage and residential parking: ordinance amendments 3. Bergstein buildings remodeling (2021- 22) 4. Hwy 95 south entrance monument design and construction (CP L w ZA) 5. Quarry Lane stairway restoration plan (plus sidewalk extension on Hwy 95) 2. Bridgeview Park design CDD's time (30-50 hrs) + design consultants (in 2022 CIP, but unfunded) 2. Bridgeview Park improvements (with Public Works) CDD's time (30-50 hrs) + PWs time + construction manager ($4 million in 2022 CIP, but unfunded) CDD's time (40-60 hrs); CP's time (5 - 15 hrs); City Attorney CDD's time (40-60 hrs) + construction manager (In 2020 CIP; $800K State, $800K TIF ) 3. Bergstein buildings remodeling (2021-22) CDD's time (40-60 hrs) + construction manager (In 2020 CIP; $800K State, $800K TIF ) CDD's time + Rec Center Manager's time + consultant time (Funded park prof serv) CDD's time (20-30 hrs) + ZA's time (10-15 hrs) + construction management? (in CIP 2020, $100K GOB) 4. Commercial Street pedestrian improvements CDD's time (50-80 hrs) + PW's time + construction manager (In 2022 CIP, but unfunded) CDD's time (40-60 hrs); CP's time (5- 15 hrs); ZA's time (15-20 hrs); HKGi planning consultants; 2020 Professional Services budgeted Parking Enterprise funding 6. Housing maintenance ordinance CDD's time + ZA's time + City (CDD L, w ZA) Attorney's time (additional staff for administration of ordinance not funded) CDD's time (20-30 hrs) + ZA's time (5- 10 hrs) + HKGi planning consultants (funding: parking enterprise fund) CDD's time (10-15 hrs) + PW's time (2012 CIP, parking entpr fund) CDD' time CDD's time; HR Director's time; City Mgr's time City Planner 1. Host 2020 State Historic Pres Conference 2. Union Alley Trash Collaborative CP's time (40-60 hrs)+ HPC time 1. Assess restoration of Sunken Garden 2. Repair Sunken Garden 1 CP's time (20-30 hrs)+ design consultant (PW/E funding) 1. South Main Archaeological Preservation & Interpretation Plan CP's time (15-20 hrs) + consultant (unfunded) 1. Lowell Park/Sam Bloomer design CP's time (30-40 hrs) + consultant (unfunded) 2020 CIP $15K State 2. Update planning case database (more user friendly search options) CP's time (5-10 hrs) + programming consultant (unfunded) 2. Teddy Bear Park Barn - Historic structure report CP's time (15-20 hrs) + consultant (unfunded) 3. Update HPC enabling ordinance (2020) 4. Update Heirloom Homes website 5. Former Aiple property master park and vegetation plan CP's time + City Attorney's time + consultant time? 3. Rental ordinance (CP L, w ZA) 4. Former Aiple property park MCP's development (w Public Works) 5. Business plan for Bergstein bldgs 6. Update of design guidelines CP's time (20-25 hrs) + ZA's time (20- 25 hrs) + City Attorney (additional staff for administration of ordinance not funded) 3. Hersey Bean wall stabilization CP's time (15-20 hrs) + consultant (unfunded) 3. Bergstein building design and remodeling (2021-22, CP L w ZA) ICP's time (30-40 hrs) + consultant (unfunded) time (40-60 hrs) + PWs time + construction manager (with Public Works)(In 2020 CIP, $75K GOB) 4. Creation of South Hill Historic District CP's time (20-40 hrs) CP's time (40-60 hrs) + consultant time ($35K budgeted) CP's time (30-40 hrs) + consultant (MNHS Partnership grant) 6. Lowell Park Pavilion - historic CP's time (15-20 hrs) + consultant structure report (Grant) 7. Demolition ordinance re -write 8. Update HPC enabling ordinance (201 20) 9. Shorty's building de -listing CP's time (20-30 hrs) 10. Riverwalk Cultural Review CP's time (20-30 hrs) 1. GreenStep Cities Program ZA's time + Sustainable Stillwater 1. GreenStep Cities Program ZA's time + Sustainable Stillwater 1. GreenStep Cities Program ZA's time + Sustainable Stillwater 1. GreenStep Cities Program ZA's time + Sustainable Stillwater 19 May 2020 Planning Division Work Plan 2020-2023 Status Zoning Administrator 2. ADA parking inventory and enforcement (private lots) 3. Develop process for keeping Zoning Map current 4. Downtown parking capacity study (2018-19, CDD L) ZA's time (60 hrs) 2. Housing maintenance ordinance (CDD L) CDD's time (20-25 hrs) + ZA's time (20-25 hrs)(additional staff for administration of ordinance not funded) 3. Rental ordinance (CP L) 4. Hwy 95 south entrance monument design and construction (CDD L w ZA) CP's time (22-25 hrs) + ZA's time (20- 25 hrs)(additional staff for administration of ordinance not funded) ZA's time (15-20 hrs) + CDD's time (10-15 hrs) + consultant time (funding: parking enterprise fund) Administrative Assistant 1. Laserfiche links to sign and misc permits 2. Digitize remainder of Architecture Inventory Records and Rivertown Restoration files 3. Old file management AAA's AA's time (60-70 hrs) AA's time (40-50 hrs) time Notes: 1. This work plan does not generally include work from the 2040 Comp Plan yet. Exceptions are the mandated update of City Code and zoning map within 9 months of Comp Plan adoption, and the Chestnut Street plaza 2. Project scopes and time allotments are rough estimates. More detailed project scopes will be necessary. 3. CDD = Community Development Director; CP = City Planner; ZA = Zoning Administrator; AA = Administrative Assistant; L = leads the project team; PD = Police Department; PW = Public Works Plannd to occur this year. Not yet in progress In progress. On schedule. In progress. Behind schedule. Completed. Status unknown. Postponed due to COVID-19 19 May 2020 „L.,, Ilwater Administration DATE: May 19, 2020 TO: Mayor and City Council FROM: Beth Wolf, City Clerk SUBJECT: Amendment to Liquor License Lora/Feller at 402 Main Street South DISCUSSION Mr. Corey Burstad of Elevage Hotel Group LLC, has requested an amendment to the Lora/Feller/The Long Goodbye/MADE on -sale including Sunday intoxicating liquor license to include the concession stand and deck located at 402 Main St S. The concession stand would allow patrons to order food and beverage from the window and walk over to the deck to consume. State Statue requires connected attachments such as patios, decks or pavilions be compact and contiguous to the main structure. Minnesota Alcohol & Gambling Enforcement Division requires the drawings be approved by the City Council. Attached are drawings of the property. RECOMMENDATION: Staff recommends approval contingent upon the determination of amended premise area to be compact and contiguous by the Alcohol & Gambling Enforcement Division and satisfactory completion of approvals from the Community Development Department, Building Department, Fire Department, and Washington County Public Health & Environment. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion approving the amendment of the concession stand and deck premise area to the Lora/Feller/The Long Goodbye/MADE on -sale intoxicating liquor license including Sunday contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, and Finance Departments as well as the Minnesota Alcohol & Gambling Enforcement Division. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us RESOLUTION 2020- RESOLUTION APPROVING THE ADDITION OF ADDITIONAL LICENSE PREMISES ACQUIRED BY ELEVAGE HOTEL GROUP LLC DBA LORA/FELLER/THE LONG GOODBYE/MADE WHEREAS, a request from Elevage Hotel Group LLC to add additional space they have acquired as an amendment to their liquor license premises located at 402 Main Street South; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and continuous"; and WHEREAS, adding the additional space to their licensed premises, it would allow the Lora/Feller/The Long Goodbye/MADE to expand their establishment. BE IT RESOLVED, that the Stillwater City Council hereby approve the additional licensed premises located at 402 Main Street South, conditioned upon the following: 1. Approvals Washington County Public Health and Environment Department, Police, Fire, Building, and Finance Departments as well as the Minnesota Alcohol & Gambling Enforcement Division. Adopted by the Stillwater City Council this 19th day of May 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Lora Hotel Limestone manhole tower Wine storage caves in gray Subject area outlined in green Caves shown in gray (more exist than are shown) Platted r-o-w Private owner Property lines shown in yellow Wine store outlined in green "turret" retail area store front in blue former cave ticket office and concessions Main Street stairs MnDOT property Deck: Lora Hotel Beth Wolf From: Corey Burstad <corey@elevagegroup.com> Sent: Monday, November 4, 2019 3:28 PM To: Beth Wolf Subject: Lora Wine Shop Elevage Management Group, LLC Attention Stillwater City Council, Elevage in conjunction with Lora Hotel is submitting a request to reopen (originally presented 2016) an off -sale retail liquor license located at 402 South Main St. Lora would like to finish the proposed retail location along with expanding the walk-up roadside window with outside existing deck. Lora's purpose with the intended uses: Area defined in Orange Operate an off -sale liquor retail shop in accordance with local/state laws. The area in orange is defined as "retail" attached in exhibit. Elevage ownership has current experience in operating off -sale retail and would like to reopen as soon as possible. Lora would operate the retail shop with limited hours seasonally. The existing space has been given updates to its electrical, temp control, sprinkler system and various security measures for the retail operation. The purpose of the retail will be for the public and enhanced guest experience for Lora guests. It has always been the intention since submittal of Hotel/Restaurant to reopen the off -sale license when time permitted. Area defined in Yellow Operate a seasonal limited food/beverage service in accordance with local/state laws. The area in yellow is defined as "food/beverage". Elevage currently operates Feller/The Long Goodbye/Lora food and beverage service. It has always been the intention for this area to reopen. Lora would like to reopen in the spring of 2020, once receiving City/County approvals for the refurbishing of existing food service area. The area defined in yellow, is an area that is currently under lease long-term with the State of MN and Elevage is under the understanding that this land will be returned/purchased back by EHG now that the bridge is complete. The area immediately outside the structure would have a defined patio area that connects to the deck. The patio area would have planters similar to the front of Feller/Lora today. The planters would define the area of service. The extension of this food/service would follow all local and state ordinances. The "Cave Area" Lora would like to present an opportunity to reopen to caves to our guests and the public through event -based activities. These activities would be limited to wine/food-based events that tie together our efforts with retail, winemakers, distillers, brewers, corporate and special guests from around the world. Because the nature of the cave environment, these activities would be limited in time and size. In time, we would like to have scheduled tours of the cave for general public, so we can control all activity. In the future, Elevage may file for a distiller's license in order to collaborate with other producers and store their product onsite in the caves. The distiller's license would allow for us to restore the history of the caves intended purpose. Corey Burstad President 1 Off - CAW - 9-t14 i c. • • • • BSc s Cr C1.4&'nest.\ oure.54..._ 4J 0 cv 0 Tt WIFJFZ3 SilIwc The Sir lhplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 Public comments can be emailed to stillwater@ci.stillwater.mn.us or on the City website under Mayor & Council/Meeting Videos. AGENDA CITY COUNCIL MEETING May 19, 2020 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of Council Service Award to Rob SanCartier (Traffic Safety Review Committee) V. 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. VI. 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 VIL 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. May 5, 2020 regular and recessed meeting minutes 11. Payment of Bills 12. Conflict Waiver Request - Central Commons 13. Designated Authority for Electronic Transfers - Resolution 14. Financial Audit Contract for 2019 15. Fireworks Permit for Target 16. Max ToDo Marine Services Lease Agreement - Resolution 17. Sanitary Sewer Adjustments VIII. PUBLIC HEARINGS - None IX. UNFINISHED BUSINESS 18. COVID-19 Update a. Financial Impacts - 2 Resolutions - 2nd resolution available Tuesday b. Business Recovery Efforts i. Liquor License Refunds ii. May 1 Chamber of Commerce Proposal iii. Park Reservations and Reopening Update X. NEW BUSINESS 19. Boom Road Property Easements 20. Council Meeting Dates Changed 21. Neal Avenue Easement Acquisitions - Resolution 22. Neal Avenue Improvement Project Bid Award - Resolution -Available Tuesday 23. Participation in State Performance Measurement Program - Resolution 24. Planning Division Work Plan - Available Tuesday XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda May 19, 2020 iliwater THE BIRTHPLACE OF MINNESO f A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to J2aP� SanCwdiet Jcuc 3 qew i of 6extfice ott the J'a4ic Safety, iReuiew Committee and for outstanding service in support of the City of Stiliwater's mission. tr-Zra Ted Kozlowski, Mayor Date of Recognition: May 19, 2020 411 lwa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 5, 2020 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the Zoom meeting to order at 4:34 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 City Clerk Wolf OTHER BUSINESS St. Croix Curling Club Request Community Development Director Turnblad explained a proposed resolution supporting a concept plan for a curling facility at the St. Croix Valley Rec Center. The Council would grant the Curling Club three years to raise sufficient funds to construct the facility. It would be connected to the west side of the Rec Center with a new parking field immediately west of that and another parking field south of the dome. Councilmember Weidner asked if the resolution binds the Council to the current concept plan for orienting the lanes north -south and requires the parking to be on the west side of the building; and Mr. Turnblad replied that the resolution does not bind the City to anything except the concept. Details will have to be approved at a future time. The word "generally" could be added. Councilmember Polehna added that the Curling Club devised the concept plan, working with Rec Center Manager Doug Brady. He stated there is an effort underway to rekindle the St. Croix Valley Sports Facilities Commission to help raise funds. Councilmember Junker expressed support for the concept. He would rather have the Curling Club lead the fundraising initially. Once it becomes more serious, the City could recreate the sports commission. Mayor Kozlowski asked if there is an issue turning the skate park area into a parking lot.; and City Attorney Land replied that in order to enter this conversation with the Curling Club, a public purpose must be shown. As long as the property is being used for recreational purposes, that seems to continue to fulfill that purpose. City Council Meeting May 5, 2020 Curling Club board member Allen Taylor stated it is totally a concept plan. The purpose of the resolution is to allow the group to start raising the $8-10 million needed for the facility. Mr. Turnblad stated one way to address Councilmember Weidner's concerns about details of the site plan would be to replace the site plan with a simple block drawing. Council consensus was to remove the detail from the concept site plan and use a simple block drawing. Councilmember Polehna stated the facility should go on the northwest corner of the property. Rec Center Manager Doug Brady stated he is in favor of the curling facility being in that location. More details will be ironed out in future. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2020-041, a resolution supporting construction of a Curling Facility on the Stillwater Recreation Center site. All in favor. COVID-19 Response Update City Administrator McCarty led discussion of the City's responses to COVID-19. Facilities are closed to the public, City employees are working split shifts and teleworking, and technology is being used for all meetings. • Financial and Budgetary Impacts Mr. McCarty reviewed proposed adjustments to the 2020 capital improvement budget to: 1) reduce the capital budget by funding only high priority projects; 2) eliminate borrowing and use one time fund balance transfers to pay for those priority capital projects; and 3) create levy capacity for the future. State aids could be impacted through 2021. Property tax collection rates have been around 97%, but this could change. Fees and licenses bring in about 26% of the City's revenue stream. He identified areas for potential 2020 operating revenue loss as well as expenditure categories within the 2020 operating budget, where reductions may assist in mitigating revenue losses. City departments have been directed to reduce all non -essential travel, training, conference expenses, and review seasonal staffing needs. Staff recommends that the Council approve the adjustments to the 2020 capital improvement plan (CIP) projects budget; direct staff to prepare appropriate resolutions authorizing fund balance transfers to fund the revised 2020 capital budget items that would have been funded through general obligation bond borrowing; and to be considered at the May 19, 2020 City Council meeting. Staff will continue to monitor revenue receipts and trends and manage operations to maintain a balanced budget. Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the CIP recommendations and direct staff to draft resolutions for the May 19 meeting. All in favor. • Business Recovery Efforts Councilmember Junker stated that the Chamber formed a Business Recovery Committee in response to grave concern in every sector of business that is closed right now. The Council reviewed the Chamber's list of wishes and wants based on input from various businesses. Mayor Kozlowski stated local bars and restaurants have asked the City to waive or pro -rate liquor license fees for March, April and May; and City Clerk Wolf responded that liquor Page 2 of 9 City Council Meeting May 5, 2020 licenses are paid in advance for a year. The charges are dependent on the type of license. An On Sale and Sunday license costs around $2,800 a year. The City has 37 On Sale license holders. One month forgiveness would equal roughly $8,662 for those 37 licenses. There is a process in City code that allows them to ask for a break on their fees. Some tobacco stores also were closed, however fees for tobacco licenses are a lot lower. Councilmember Junker stated a two month pro -ration on liquor license fees would be justified; and Mayor Kozlowski agreed. Councilmember Polehna indicated that he would like to see the financial impact on the City for each suggested item, and wait till the next meeting to make a decision. Mayor Kozlowski pointed out that everything would have to come back to the Council in resolution form anyway. The Chamber requests seem fair and reasonable. Councilmember Weidner suggested giving staff direction to research each of the Chamber's requests in terms of financial impacts on the City, without a motion. Mr. McCarty stated staff can review exactly which licenses were impacted by the State directive, and come back with information about which were relevant and which were not. Mayor Kozlowski asked for input regarding the Chamber's request to establish a Business District "To Go Food and Beverage Consumption Zone." Councilmembers Polehna, Weidner and Collins expressed concern about allowing consumption of alcoholic beverages on public property. Councilmembers Polehna and Weidner, and Mayor Kozlowski would support the request to have more picnic tables on public property. Mayor Kozlowski noted more garbage and recycling receptacles will be needed downtown. In regard to the Chamber's request to grant temporary extension of premises to allow restaurants to use parking they own, or dedicated public spaces, for serving food and alcohol, Councilmember Weidner commented he would have no problem with them doing so on their own property, but expanding into public property raises the question of how to give one business priority over another. He asked how long would it take to get through requirements regarding inspections and so on. Mayor Kozlowski stated that he thinks the Council could give direction to staff to see if it is feasible. Mr. McCarty stated part of the request is an extension of the liquor license which involves State codes. If only serving food, that may be a narrower focus. Perhaps that is a request that staff should review and come back with specifics on the process, then figure out timelines. Councilmember Junker stated another request is to allow retailers to expand their storefronts to a limited extent onto the sidewalk so they can accommodate more shoppers. Mayor Kozlowski asked if the Council is comfortable, as long as the restaurants are "To Go" only, continuing to allow them to keep the one or two parking spots in front of their businesses for takeout or curbside. Council consensus was yes. Staff will come back with a procedure. Page 3 of 9 City Council Meeting May 5, 2020 Regarding free parking for the whole summer, Mayor Kozlowski stated he would like to see the budgetary impacts. Councilmember Junker stated that parking generates $300,000+ a year primarily from parking lots 1 and 2 which serve the boats. The boat business will probably be extremely slow for a long period of time. He would like to see some numbers also. Mayor Kozlowski asked what is meant by the Chamber's request for flexibility on signage.;and Councilmember Junker replied that it is basically a request to allow more signage in windows. Councilmember Polehna stated he would like to see exactly what is being requested. Mayor Kozlowski addressed the request to allow temporary sidewalk sales. He asked if they are currently prohibited; and Community Development Director Turnblad replied sidewalk sales are prohibited. The sidewalks are not the City's, they are considered MnDOT highway right-of-way. Mayor Kozlowski remarked that it sounds like Main Street will be off limits, but he would like to get creative and consider alternatives, perhaps local retailers setting up a table or two in Lowell Park to sell something. Councilmembers Polehna and Weidner stated they would not be in favor of allowing sales in Lowell Park. Mayor Kozlowski asked, what about opening up Chestnut Plaza; and Councilmember Polehna stated picnic tables and benches could be put there. Mr. McCarty reminded the Council that the City would not exercise control of the Chestnut Plaza until after the bridge officially opens. Perhaps from Water Street to the bridge, jersey barriers and picnic tables could be placed. The Council can consider this once the bridge opening date is known. Public Works Director Sanders stated MnDOT sent out a press release saying the lift bridge would be open for pedestrians by the end of the month. Mayor Kozlowski commented the City should begin thinking about expanding on winter events to help the businesses. Robin Anthony, executive director of the Greater Stillwater Chamber of Commerce, stated the businesses are experiencing grave times. They know there are regulations and ordinances, but ask the Council for any type of flexibility that is possible. • Remaining Summer Events Schedule and Protocols on Summer Park Reservations City Administrator McCarty reported that all event permits have been cancelled through July 19, 2020, and park reservations have been cancelled through May 31, 2020. On April 30, Governor Walz issued Executive Orders that extended the Stay at Home provisions through May 18, 2020 and allowed some business retail operations to open for curbside pickup. There was no change to prohibitions on large group gatherings. Given the high priority concerns for the health and safety for community members and staff and the uncertainty regarding timing for return to normal operations, the Council should consider whether to extend the parks reservation cancellation policy beyond May 31, 2020, through Page 4 of 9 City Council Meeting May 5, 2020 the end of June, or revisit this provision at the May 19 Council meeting following the Governor's update on reopening operations. Councilmember Polehna remarked that it is tough to cancel somebody's wedding. Shakespeare in the Park should be asked what their social distancing plan is, if the event is permitted to occur. Mayor Kozlowski remarked he would hate to cancel someone's wedding or family barbecue and then have the Governor say these gatherings are allowed. He thinks the City should email those with existing park reservations and let them know there is a good chance their event could be cancelled at the last minute. He asked for input about the rest of the summer events. Councilmember Weidner stated his position has not changed. Big events should be cancelled through July including the marathon. Councilmember Collins agreed about extending the ban through the end of July. Councilmember Junker stated he is in favor of leaving it as is until more is known. Motion by Councilmember Collins, seconded by Councilmember Weidner, to cancel events through July. Motion passed 4-1 with Junker voting against. • St. Croix Rec Center Schedule, Signage for Parks and Trails, and Parking Lots/Ramp Rates Mr. McCarty noted that parking lots/ramp rates go with a broader discussion about whether to charge for parking - all should be discussed at the next meeting. He also stated that the Workplace of Tomorrow is a team of staff looking at all operations and how the City will reopen. The Governor uses many data sets to review what drives decisions about reopening. Numbers out today indicate the number of COVID cases in Minnesota, and the number of deaths, will continue to increase through July and August. The Governor will continue looking at this data in formulating policies on reopening. St. Croix Valley Recreation Center New Sound System Request City Administrator McCarty stated that a month ago, a proposal was submitted to install a new sound system at the Rec Center. Estimated cost would be $75,000, to come from the reserve fund. Because there is no one using the facility, now is an opportune time to do the work. However, this may not be the best time to consider this project in light of all the budget discussions. Mayor Kozlowski stated he is all in favor of this project, but unfortunately it may be a long time before the Rec Center can reopen. He would rather wait until the reopening is closer. Doug Brady, St. Croix Valley Recreation Center Manager, stated he understands the situation. The current system is 20 years old and now would be the opportune time to replace it. There are lead times for ordering. Motion by Councilmember Junker, seconded by Councilmember Collins, to table until June 2 the St. Croix Valley Recreation Center new sound system request. All in favor. Page 5 of 9 City Council Meeting May 5, 2020 STAFF REPORTS Police Chief Gannaway informed the Council that emergency management is still operating under the new normal. Everyone is healthy. Police are getting many complaints about people disobeying the Stay at Home and Social Distancing orders, which are difficult to enforce. In lieu of a community meeting for the predatory offender who moved into the South Hill neighborhood, there was a videotaped meeting. It is posted on the City web site. Fire Chief Glaser reported that the mask drive resulted in the donation of 1,051 face masks. The Fire Department was busy over the weekend with two fires. He reminded people to be fire -aware. There will be a flyover tomorrow in salute to healthcare workers. City Clerk Wolf reported that candidate filing will be May 18 to June 2 for Wards 2 and 3. Community Development Director Turnblad noted that the Chestnut Street Plaza design is still occurring. The staff and consultant kickoff meeting will be this Thursday. Public Works Director Sanders stated the temporary berm downtown has been removed and all sandbags were picked up. Public Works will haul more picnic tables, trash and recycling containers to Lowell Park. Bids were opened for the Neal Avenue project. The low bid was Miller Excavating, 20% lower than the engineer's estimate of $1.35 million. It will be brought to the next Council meeting. Bathrooms in the south end of Lowell Park, the pedestrian plaza, and Pioneer Park are open. Tennis courts are open. City Administrator McCarty reported that lobbying efforts at the Capitol continue despite questions about whether there ever will be a bonding bill. The City's lobbyist and the County lobbyist are continuing work on the Manning/36 portion of the bonding bill. He commended City staff for the work they have done for the past couple months. Library Director Troendle reported that Stillwater Public Library will partner with Bayport Public Library to offer this year's summer reading program. Kids and teens can participate online. Activities will be offered in paper format as well. Curbside pickup service is very popular. The library is presenting Zoom programs. RECESS Mayor Kozlowski recessed the meeting at 6:24 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:06 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna and Weidner Absent: None Staff present: City Administrator McCarty City Attorney Mikhail Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos City Clerk Wolf Page 6 of 9 City Council Meeting May 5, 2020 PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Council Service Awards to David Ratte and Terry Zoller (Charter Commission); Susan Steinwall (Heritage Preservation Commission); Laura Super (Human Rights Commission); and Sean Hade (Planning Commission) Mayor Kozlowski recognized: David Ratte for seven years of service on the Charter Commission; Terry Zoller for 14 years of service on the Charter Commission; Susan Steinwall for 21/2 years of service on the Heritage Preservation Commission; Laura Super for 2 years of service on the Human Rights Commission; Sean Hade for over 71/2 years of service on the Planning Commission. Proclamation: Stillwater Area High School Wrestling State Champions Reid Ballantyne, Trey Kruse, Hunter Lyden & Roman Rogotzke Mayor Kozlowski recognized members of the Stillwater Area High School Wrestling State Championship Team individually for their athletic achievements. Proclamation: Stillwater Area High School Diving State Champion Josiah Fick Mayor Kozlowski recognized Josiah Fick for his diving championships and records. Proclamation: Professional Municipal Clerks' Week, City Clerk Beth Wolf Mayor Kozlowski proclaimed May 3-9 Professional Municipal Clerks' Week, and extended appreciation to City Clerk Beth Wolf. OPEN FORUM There were no public comments. CONSENT AGENDA April 21, 2020 regular and closed session meeting minutes Payment of Bills City Hall Concrete Work at Entrances Fireworks Permit for Cub Foods Washington County 2020 Recycling Grant Agreement Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. Mayor Kozlowski noted that the two public hearings that had been scheduled for a development project at Highway 36 and Manning Avenue have been postponed for at least 60 days. UNFINISHED BUSINESS There was no unfinished business. Page 7 of 9 City Council Meeting May 5, 2020 NEW BUSINESS 2020 Street Improvement Project Bid Award Public Works Director Sanders explained that the nine appraisals that were done regarding this project indicate that some of the project area met the benefit test (Fourth Street and Northland Drive), while the Croixwood mill and overlay area and Greeley and Linden did not. The assessment rates for these areas will be adjusted to reflect the appraised values. The $28,000 additional cost could be funded through City funds. The bid opening for the project was April 2 and the lowest bid in the amount of $1,950,695.85, was submitted by T.A Schifsky of North St. Paul. This is 5% lower than the engineer's estimate. Staff recommends that the Council accept the bids and award the contract to T.A Schifsky. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2020-042, accepting bid and awarding contract for 2020 Street Improvement Project (Project 2020-02). All in favor. Annual Boards and Commissions Appointments City Clerk Wolf informed the Council that seven commissions had members whose terms ended May 1, 2020. She presented the recommendations to fill the commission appointments. Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the recommended appointments to boards and commissions. All in favor. Liquor License Amendment for Oasis Cafe City Clerk Wolf stated that the Oasis Cafe has requested an amendment to their liquor license premises to include an additional temporary outside seating area, adjacent to the building and their current outside seating area. This request would provide additional seating to allow social distancing during COVID-19. Patrons will be able to smoke, eat and have liquor in this new area. The Planning Department has reviewed and approved the request. The Oasis Cafe will work with the Fire Department to meet the fire code conditions to open the additional outside seating area. The Minnesota Alcohol & Gambling Enforcement Division requires the drawings be approved by the City Council to amend their liquor license to include the additional temporary outside seating as part of their premises for the sale of intoxicating liquor. Staff recommends approval contingent upon the satisfactory completion of approvals from the Community Development Department, Building Department, Fire Department, Minnesota AGED, and Washington County Public Health & Environment. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2020-043, resolution approving additional Temporary License Premises amendment to the Oasis Cafe. All in favor. Parking Ramp Fee Schedule Amendment Community Development Director Turnblad reported that on June 1, City staff plans to activate the AirGarage mobile payment system for the parking garage. The rates for the parking ramp have not been significantly revised since the ramp originally opened. Rate changes are recommended by staff. This has not gone to the Downtown Parking Commission Page 8 of 9 City Council Meeting May 5, 2020 yet due to meeting scheduling. It can be brought to the Commission in May, but the Council then would not look at it before June 1 when the ramp will be reopened. Mayor Kozlowski noted if the Downtown Parking Commission has any changes it can come back to the Council. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2020-044, resolution amending Resolution 2020-001 adopting 2020 Fee Schedule. All in favor. COUNCIL REQUEST ITEMS Councilmember Collins stated, having just had the City's second Level 3 meeting in four months for a predatory offender, now might be a good to to explore an ordinance that limits where predatory offenders might live. City Attorney Mikhail stated that City Attorney Land has drafted such ordinances for other cities. At least one of them has been sued, but staff is ready to work on it. Councilmember Polehna suggested that the Council consider honoring former longtime City Attorney David Magnuson by installing a bench as part of project to reconstruct the front steps of City Hall. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 7:55 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2020-041, a resolution supporting construction of a Curling Facility on the Stillwater Recreation Center site Resolution 2020-042, accepting bid and awarding contract for 2020 Street Improvement Project (Project 2020-02) Resolution 2020-043, resolution approving additional Temporary License Premises amendment to the Oasis Cafe Resolution 2020-044, resolution amending Resolution 2020-001 adopting 2020 Fee Schedule Page 9 of 9 Page 1 LIST OF BILLS Affordable Comfort Mechanical American Planning Association American Pump Company AMI Consulting Engineers PA Aspen Mills BCA Training Bennett & Koch Construction Bentley Systems Inc. BlueCross BlueShield of MN Inc. Board of Water Commissioners Bolton and Menk Inc. Brock White Co. LLC Buberl Black Dirt Inc. CDW Government Inc. Century Link Chem Systems LTD Cintas Corporation City of St. Paul City Wide Maint of MN Comcast Computer Integration Technologies Dalco Darkhorse Derrick Construction Co. Inc ECM Publishers EG Rud & Sons Emergency Automotive Emergency Medical Products Enterprise FM Trust Frontier Ag & Turf Gopher State One Call Inc. Granicus Inc Henning Professional Services Hermanson Keith Hoisington Koegler Group Inc IAPE Indy Painting J.P. Cooke Co. Jefferson Fire and Safety Inc. Kath Companies Kelly & Lemmons PA League of MN Cities Ins Tr LeVander Gillen Miller PA Loffler Companies Mansfield Oil Company Refund permit APA Membership Rental pumps Riverbank Stabilization Uniforms Training Grading Escrow Refund Open Roads SignCAD Subscription Retiree Health Ins WAC Charges Lift station design engineer Roadsaver Black dirt Headset COVID-19 Telephones Cordless handheld electrostatic sprayer Uniforms & mat cleaning Asphalt Commercial cleaning services Cable Heirloom & Landmark Website Janitorial supplies Repair Grading Escrow Refund Vacancy for Charter Notice Browns Creek Trail @ Neal Case for iPad COVID-19 supplies Lease vehicles Starter motor Locates Qtrly web streaming service Right of way services Variance ap refund Professional services Membership Sewer garage painting Dog tags Supplies Grease & windshield wash Prosecution Claim LMC GL 103709 Professional services IT Professional Service & Copier Lease Fuel 80.50 473.00 18,147.00 3,272.25 284.34 75.00 1,500.00 720.00 3,113.50 4,257.00 2,850.00 4,233.00 375.00 230.60 480.31 925.00 310.18 698.85 7,400.00 49.35 4,129.25 808.39 500.00 1,500.00 23.75 1,519.00 70.47 96.66 7,938.21 167.10 472.50 1,854.58 1,742.10 225.00 30,477.84 50.00 4,900.00 201.30 28.97 572.00 8,333.00 1,000.00 12,381.83 4,159.26 4,705.65 Page 2 McBroom Laura Menards Metropolitan Council Miller Excavating MN City/County Mgmt Assoc. Motorola Solutions Inc. Nagel) Appraisal Office Depot Olsen Chain & Cable Inc. OnSite Sanitation Otis Elevator Company Patrick Janelle Pioneer Press St. Paul Quill Corporation Rehn Code Consulting Services Rustad Christopher Safe Fast Inc Safety Signs Service on a Shoestring Sherwin Williams Simplifile LC SiteOne Landscape Supply Springbrook Software St. Croix Boat and Packet Co. Stillwater Towing Structures Hardscapes Specialists SW/WC Service Cooperatives T.A. Schifsky and Sons Thomson Reuters Toll Gas and Welding Supply Tri-State Pump and Controls Inc. Uline Inc US Bank US Postal Service Valley Trophy Inc. Verizon Wireless Voyant Communications Washington Conservation Distr Washington County Recorder Xcel Energy Reimburse for uniform boot Supplies Wastewater Charge & SAC Class 5 & street sweepings Membership Radios 2020 Street Imp property appraisal Office supplies Equipment repair supplies Portable Restroom Elevator contract Fence permit refund Publication Coffee & notary seal Plan review Refund HPC 1401 Broadway Safety supplies Barricades Recycling Coordinator Services Paint for cross walks Filing fee Park supplies Monthly UB web payments Ramp cleaning Towing service Library Parking Pavers Project Retiree Health Insurance Asphalt Information Charges Cylinders Lift station repair Nitrile gloves COVID-19 Paying Agent Fees Postage for mail machine Name plate Wireless Service Phone Shared Educator Assessing Service Fee Energy 124.00 198.51 176,480.94 372.62 190.00 49,431.75 12,000.00 496.76 134.79 541.14 1,298.76 25.00 41.28 45.46 1,647.99 175.00 503.31 6,300.00 2,250.00 522.20 100.00 713.31 360.00 810.00 300.00 50,976.00 71,902.08 1,128.95 150.59 43.92 1,430.00 610.00 1,900.00 5,000.00 47.00 2,896.75 554.28 675.00 118,441.89 3,028.05 Page 3 REC CENTER Braun Intertec Corporation Comcast Corval Constructors Viking Auto Sprinkler Co. Water Works Plumbing & Heating LLC LIBRARY Amazon Business Brodart Co Comcast Culligan of Stillwater Stillwater Printing Co. Construction & materials testing Internet Equipment repair Annual inspection New irrigation line in front of dome General Supplies Materials Internet Water COVID Mailer 1,560.00 109.85 45,357.50 1,320.00 962.56 63.06 3,191.40 188.06 21.25 795.00 LEVANDER, GILLEN & MILLER, P.A. ATTORNEYS AT LAW Established in 1929 May 13, 2020 Mayor Kozlowski and Members of the Stillwater City Council 216 N. Fourth St. Stillwater, MN 55082 Dear Mayor Kozlowski and Members of the City Council: TIMOTHY J. KUNTZ DANIEL J. BEESON ANGELA M. LUTZ AMANN KORINE L. LAND DONALD L. HOEFT BRIDGET McCAULEY NASON PETER G. MIKHAIL SCOTT M. LUCAS TONA T. DOVE AARON S. PRICE DAVID L. SIENKO CASSANDRA C. WOLFGRAM CASSANDRA J. BAUTISTA AMANDA J. JOHNSON As you know, LeVander, Gillen & Miller (the "Firm") represents the City of Stillwater with respect to all civil matters, including the Central Commons Project ("Project"). Recently, our Firm hired Amanda Johnson as an associate attorney. Ms. Johnson was formerly the in-house counsel to Summit Management, the developer of the Project. To be clear, the Firm has never represented Summit Management in any capacity, but Ms. Johnson used to be its attorney. The Rules of Professional Conduct define an attorney's duty to a former client, in this case, Ms. Johnson's duties to Summit Management. Under the Rules, Ms. Johnson cannot represent the City of Stillwater with respect to the Project without Summit Management's informed consent. Further, even with its consent, the Rules prohibit Ms. Johnson from using information related to her former representation of Summit Management to its disadvantage. To avoid any appearance of a potential conflict of interest, the Firm will not permit Ms. Johnson to work on the Project and we will screen her from all aspects of the matter. With the understanding that Ms. Johnson will be excluded from the matter, Summit Management has consented to the Firm's continued representation of the City on the Project. The purpose of this letter is to inform you and request that that the City, too, consent to the Firm's continued representation on the Project. We believe the Firm can continue to capably and zealously represent the City. Under the circumstances, we request that the City give its consent by signing a copy of this letter and returning it to me. Thank you for your thoughtful consideration. Very truly yours, /s/ Korine Land Korine L. Land LeVander, Gillen & Miller, P.A. c: J. Thomas McCarty, City Administrator 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN WISCONSIN • W W W. LE V AN D ER. C O M The City of Stillwater consents to the foregoing representation. Ted Kozlowski, Mayor Date: , 2020. Beth Wolf, City Clerk Date: , 2020. LEVANDER, GILLEN MILLER, P.A. ATTORNEYS AT LAW Established in 1929 May 12, 2020 Mark Lambert Summit Management LLC 6770 Stillwater Blvd., Suite 110 Stillwater, MN 55082 Dear Mr. Lambert: TIMOTHY J_ KUNTZ DANIEL J. BEESON ANGELA M. LUTZ AMANN KORINE L, LAND DONALD L, HOEFT BRIDGET McCAULEY NASON PETER G. MIKHAIL SCOTT M. LUCAS TONA T. DOVE AARON S, PRICE DAVID L. SIENKO CASSANDRA C. WOLFGRAM CASSANDRA J. BAUTISTA AMANDA J. JOHNSON LeVander, Gillen & Miller (the "Firm") represents the City of Stillwater with respect to all civil matters. As you know, the Firm recently hired Amanda Johnson, who is the former attorney for Summit Management. Summit Management has submitted several development applications to the City of Stillwater for the Central Commons Project. It is our understanding that Amanda had worked with you on the Central Commons Project. The Rules of Professional Conduct define an attorney's duty to a former client, in this case, Amanda's duties to Summit Management. Under the Rules, Amanda cannot represent the City of Stillwater with respect to the Central Commons Project without your informed consent. Further, even with your consent, the Rules prohibit Amanda from using information related to her former representation of Summit Management to its disadvantage. To avoid any appearance of a potential conflict of interest, the Firm will not permit Amanda to work on the Central Commons Project and we will screen her from all aspects of the matter. With Amanda excluded from the matter, we respectfully request that Summit Management consent to the Firm's representation of the City in the Central Commons Project. If you consent, please sign a copy of this letter and return it to me. Thank you for your thoughtful consideration. Very truly yours, /s/ Korine L. Land Korine L. Land LeVander, Gillen & Miller, P.A. c: J. Thomas McCarty 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651 -45 1-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN WISCONSIN • WWW.LEVANDER. COM Summit Management LLC consents to the foregoing representation. Mark La ert, Managing Partner RESOLUTION 2020- A RESOLUTION APPROVING THE FOLLOWING CITY EMPLOYEES AS THE OFFCIAL DESIGNATED CITY AUTHORITY TO MAKE ELECTRONIC FUNDS TRANSFERS WHEREAS, on an annual basis, the governing body must delegate to a designated business administrator the authority to make electronic funds transfers. This requirement is mandatory for local government entities. Statutes governing electronic funds transfers include 471.38 and 471.381. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the following employees, Sharon Provos, Samuel Magureanu, Sarah Erenberg, Kathy Berwald, and Tanya Batchelor, are appointed as official designated authority to make electronic funds transfers. Adopted by the City Council this 19' day of May 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CLA (CliftonLarsonAllen LLP) 220 South Sixth Street, Suite 300 Minneapolis, MN 55402-1436 612-376-4500 J fax 612-376-4850 CLAconnect.com December 6, 2019 Honorable Mayor, City Council and Management City of Stillwater 216 North Fourth Street Stillwater, MN 55082 We are pleased to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the audit services CliftonLarsonAllen LLP ("CLA," "we," "us," and "our") will provide for the City of Stillwater ("you," "your," or "the entity") for the year ended December 31, 2019. Christopher G. Knopik, CPA, CFE is responsible for the performance of the audit engagement. Audit services We will audit the financial statements of the governmental activities, the business -type activities, the discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Stillwater, as of and for the year ended December 31, 2019, and the related notes to the financial statements. The Governmental Accounting Standards Board (GASB) provides for certain required supplementary information (RSI) to accompany the entity's basic financial statements. The following RSI will be subjected to certain limited procedures, but will not be audited. 1. Management's discussion and analysis. 2. Schedule of changes in net pension liability (asset) — fire relief association 3. Schedule of contributions — fire relief association 4. Schedule of changes in total OPEB liability and related ratios 5. GASB Statement No. 68 schedule of propitiate share of net pension liability and schedule of employer contributions. We will also evaluate and report on the presentation of the supplementary information other than RSI accompanying the financial statements in relation to the financial statements as a whole. 1. Combining and individual fund financial statements. oA member of Nexia International December 6, 2019 City of Stillwater Page 2 The following information other than RSI accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements and our auditors' report will not provide an opinion or any assurance on that information: 1. Introductory section. 2. Statistical data. Audit objective The objective of our audit is the expression of opinions about whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America (U.S. GAAP). Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS) and will include tests of your accounting records and other procedures we consider necessary to enable us to express such opinions. We will perform procedures on the financial information of the Stillwater Board of Water Commissioners to enable us to express our opinions. We will apply certain limited procedures to the RSI in accordance with U.S. GAAS. However, we will not express an opinion or provide any assurance on the RSI because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. We will also perform procedures to enable us to express an opinion on whether the supplementary information (as identified above) other than RSI accompanying the financial statements is fairly stated, in all material respects, in relation to the financial statements as a whole. We will issue a written report upon completion of our audit of your financial statements. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis -of -matter or other -matter paragraph(s), or withdraw from the engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If circumstances occur related to the condition of your records, the availability of sufficient, appropriate audit evidence, or the existence of a significant risk of material misstatement of the financial statements caused by error, fraudulent financial reporting, or misappropriation of assets, which in our professional judgment prevent us from completing the audit or forming opinions on the financial statements, we retain the right to take any course of action permitted by professional standards, including declining to express opinions or issue a report, or withdrawing from the engagement. As part of our audit, we will also perform the procedures and provide the report required by the Minnesota Legal Compliance Audit Guide for Political Subdivisions. Auditor responsibilities, procedures, and limitations We will conduct our audit in accordance with U.S. GAAS. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements as a whole are free from material misstatement, whether due to fraud or error. An audit involves performing procedures to obtain sufficient appropriate audit evidence about the amounts and disclosures in the basic financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the basic financial statements. December 6, 2019 City of Stillwater Page 3 There is an unavoidable risk, because of the inherent limitations of an audit, together with the inherent limitations of internal control, that some material misstatements may not be detected, even though the audit is properly planned and performed in accordance with U.S. GAAS. Because we will not perform a detailed examination of all transactions, material misstatements, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity, may not be detected. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management and those charged with governance of any material errors, fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management and those charged with governance of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. In making our risk assessments, we consider internal control relevant to the entity's preparation and fair presentation of the basic financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. However, we will communicate to you in writing significant deficiencies or material weaknesses in internal control relevant to the audit of the basic financial statements that we identify during the audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Management responsibilities Our audit will be conducted on the basis that you (management and, when appropriate, those charged with governance) acknowledge and understand that you have certain responsibilities that are fundamental to the conduct of an audit. You are responsible for the preparation and fair presentation of the financial statements and RSI in accordance with U.S. GAAP. Management's responsibilities include the selection and application of accounting principles; recording and reflecting all transactions in the financial statements; determining the reasonableness of significant accounting estimates included in the financial statements; adjusting the financial statements to correct material misstatements; and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. You are responsible for the design, implementation, and maintenance of internal controls to prevent and detect fraud; assessing the risk that the financial statements may be materially misstated as a result of fraud; and for informing us about all known or suspected fraud affecting the entity involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud December 6, 2019 City of Stillwater Page 4 could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations, and informing us of all instances of identified or suspected noncompliance whose effects on the financial statements should be considered. You are responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, and other matters, and for the accuracy and completeness of that information; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. You agree to inform us of events occurring or facts discovered subsequent to the date of the financial statements that may affect the financial statements. You are also responsible for providing us access to component information, those charged with governance of components, component management, and component auditors (including relevant audit documentation and communications). Management is responsible for the preparation of the supplementary information in accordance with U.S. GAAP. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. You agree to provide us written representations related to the presentation of the supplementary information. Management is responsible for providing us with a written confirmation concerning representations made by you and your staff to us in connection with the audit and the presentation of the basic financial statements and RSI. During our engagement, we will request information and explanations from you regarding, among other matters, the entity's activities, internal control, future plans, specific transactions, and accounting systems and procedures. The procedures we will perform during our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the representations that we receive in the representation letter and otherwise from you. Accordingly, inaccurate, incomplete, or false representations could cause us to expend unnecessary effort or could cause a material fraud or error to go undetected by our procedures. In view of the foregoing, you agree that we shall not be responsible for any misstatements in the entity's financial statements that we may fail to detect as a result of misrepresentations made to us by you. Responsibilities and limitations related to nonaudit services For all nonaudit services we may provide to you, management agrees to assume all management responsibilities; oversee the services by designating an individual, preferably within senior management, who possesses suitable skill, knowledge, and/or experience to understand and oversee the services; evaluate the adequacy and results of the services; and accept responsibility for the results of the services. December 6, 2019 City of Stillwater Page 5 Use of financial statements The financial statements and our report thereon are for management's use. If you intend to reproduce and publish the financial statements and our report thereon, they must be reproduced in their entirety. Inclusion of the audited financial statements in a document, such as an annual report or an offering document, should be done only with our prior approval of the document. You are responsible to provide us the opportunity to review such documents before issuance. Should you decide to include or incorporate by reference these financial statements and our auditors' report(s) thereon in a future private placement or other offering of equity or debt securities, you agree that we are under no obligation to re -issue our report or provide consent for the use of our report in such a registration or offering document. We will determine, at our sole discretion, whether we will re -issue our report or provide consent for the use of our report only after we have performed the procedures we consider necessary in the circumstances. If we decide to re -issue our report or consent to the use of our report, we will be required to perform certain procedures including, but not limited to, (a) reading other information incorporated by reference in the registration statement or other offering document and (b) subsequent event procedures. These procedures will be considered an engagement separate and distinct from our audit engagement, and we will bill you separately. If we decide to re -issue our report or consent to the use of our report, you agree that we will be included on each distribution of draft offering materials and we will receive a complete set of final documents. If we decide not to re -issue our report or decide to withhold our consent to the use of our report, you may be required to engage another firm to audit periods covered by our audit reports, and that firm will likely bill you for its services. While the successor auditor may request access to our workpapers for those periods, we are under no obligation to permit such access. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website or submitted on a regulator website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in those sites or to consider the consistency of other information in the electronic site with the original document. We may issue preliminary draft financial statements to you for your review. Any preliminary draft financial statements should not be relied on or distributed. Engagement administration and other matters We expect to begin our audit in January 2019. We understand that your employees will prepare all confirmations, account analyses, and audit schedules we request and will locate any documents or invoices selected by us for testing. A list of information we expect to need for our audit and the dates required will be provided in a separate communication. We are available to perform additional procedures with regard to fraud detection and prevention, at your request, as a separate engagement, subject to completion of our normal engagement acceptance procedures. The terms and fees of such an engagement would be documented in a separate engagement letter. December 6, 2019 City of Stillwater Page 6 The workpapers supporting the services we perform are the sole and exclusive property of CLA and constitute confidential and proprietary information. We do not provide access to our workpapers to you or anyone else in the normal course of business. Unless required by law or regulation to the contrary, we retain our workpapers in accordance with our record retention policy that typically provides for a retention period of seven years. Pursuant to authority given by law or regulation, we may be requested to make certain workpapers available to the Minnesota Office of the State Auditor for their regulatory oversight purposes. We will notify you of any such request. Access to the requested workpapers will be provided to the regulators under the supervision of CLA personnel and at a location designated by our firm. Furthermore, upon request, we may provide copies of selected workpapers to such regulators. The regulators may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Professional standards require us to be independent with respect to you in the performance of these services. Any discussion that you have with our personnel regarding potential employment with you could impair our independence with respect to this engagement. Therefore, we request that you inform us prior to any such discussions so that we can implement appropriate safeguards to maintain our independence and objectivity. Further, any employment offers to any staff members working on this engagement without our prior knowledge may require substantial additional procedures to ensure our independence. You will be responsible for any additional costs incurred to perform these procedures. Our relationship with you is limited to that described in this letter. As such, you understand and agree that we are acting solely as independent accountants. We are not acting in any way as a fiduciary or assuming any fiduciary responsibilities for you. We are not responsible for the preparation of any report to any governmental agency, or any other form, return, or report or for providing advice or any other service not specifically recited in this letter. Our engagement and responsibility end on delivery of our signed report. Any additional services that might be requested will be a separate, new engagement. The terms and conditions of that new engagement will be governed by a new, specific engagement letter for that service. Mediation Any disagreement, controversy, or claim ("Dispute") that may arise out of any aspect of our services or relationship with you, including this engagement, shall be submitted to non -binding mediation by written notice ("Mediation Notice") to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid of an impartial mediator. The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the Dispute. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. December 6, 2019 City of Stillwater Page 7 Any Dispute will be governed by the laws of the state of Minnesota, without giving effect to choice of law principles. Time limitation The nature of our services makes it difficult, with the passage of time, to gather and present evidence that fully and fairly establishes the facts underlying any Dispute that may arise between the parties. The parties agree that, notwithstanding any statute or law of limitations that might otherwise apply to a Dispute, including one arising out of this agreement or the services performed under this agreement, for breach of contract or fiduciary duty, tort, fraud, misrepresentation or any other cause of action or remedy, any action or legal proceeding by you against us must be commenced within twenty-four (24) months ("Limitation Period") after the date when we deliver our final audit report under this agreement to you, regardless of whether we do other services for you relating to the audit report, or you shall be forever barred from commencing a lawsuit or obtaining any legal or equitable relief or recovery. The Limitation Period applies and begins to run even if you have not suffered any damage or loss, or have not become aware of the existence or possible existence of a Dispute. Fees Our fees for these services will be $34,900 for the audit and $4,800 for preparation of the financial statements (in accordance with our letter dated July 31, 2018). These fees include travel, and other out-of-pocket costs such as report production, word processing, postage, etc. The fee estimate is based on anticipated cooperation from your personnel and their assistance with preparing confirmations and requested schedules. If the requested items are not available on the dates required or are not accurate, the estimated fee for services will likely be higher. If unexpected circumstances require significant additional time, we will advise you before undertaking work that would require a substantial increase in the fee estimate. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and will not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed even if we have not issued our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination. Other fees You also agree to compensate us for any time and expenses, including time and expenses of legal counsel, we may incur in responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings that we are asked to respond to on your behalf. Finance charges and collection expenses You agree that if any statement is not paid within 30 days from its billing date, the unpaid balance shall accrue interest at the monthly rate of one and one -quarter percent (1.25%), which is an annual percentage rate of 15%. In the event that any collection action is required to collect unpaid balances due us, reasonable attorney fees and expenses shall be recoverable. December 6, 2019 City of Stillwater Page 8 Consent Consent to use financial information Annually, we assemble a variety of benchmarking analyses using client data obtained through our audit and other engagements. Some of this benchmarking information is published and released publicly. However, the information that we obtain is confidential, as required by the AICPA Code of Professional Conduct. Your acceptance of this engagement letter will serve as your consent to use of the City of Stillwater's information in these cost comparison, performance indicator, and/or benchmarking reports. Subcontractors CLA may, at times, use subcontractors to perform services under this agreement, and they may have access to your information and records. Any such subcontractors will be subject to the same restrictions on the use of such information and records as apply to CLA under this agreement. Agreement We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. This letter constitutes the entire agreement regarding these services and supersedes all prior agreements (whether oral or written), understandings, negotiations, and discussions between you and CLA. If you have any questions, please let us know. Please sign, date, and return a copy of this letter to us to indicate your acknowledgment and understanding of, and agreement with, the arrangements for our audit of your financial statements including the terms of our engagement and the parties' respective responsibilities. Sincerely, CliftonLarsonAllen LLP Christopher G. Knopik, CPA, CFE Principal 612-397-3266 christopher.knopik@CLAconnect.com Enclosure December 6, 2019 City of Stillwater Page 9 Response: This letter correctly sets forth the understanding of the City of Stillwater. Authorized governance signature: Title: Date: Ted Kozlowski, Mayor May 19, 2020 Authorized management signature: Title: Beth Wolf, City Clerk Date: May 19, 2020 RECEIVED MAY 07 2020 City of Stillwater Administration APPLICATION FOR SALE OF FIREWORKS TN Iwater IIMIWPLACt OF MIMMEtOI& Receipt Number Check No. Amount Paid: /ADC Fee: $100.00 APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT 0(0 Name of Applicant TARGET #931 Home Address Name of Busiress TARGET #931 Business Address 2021 MARKET DRIVE, STILLWATER MN, 55082 Corporate Address (if different than business address) Telephone (Business): Z Home Phone Svv� Beginning Date of Sale: 04/06/2020 End Date of Sale: 07/08/2020 Hours of Operation: 7,4 — `Ijo i rv, ci Ed 1- Location of Display INSIDE THE STORE @ TARGET #931 REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not Tess than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) lito sc- - or wit dimensions included. Make Check or Money Order payable to the CITY OF CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 ature of Applicant (or agent) LLWATER and return to the OFFICE OF THE FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: Date: The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief. Date: The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: Date: Approval Date of Stillwater City Council: Permit No.: A, R» CERTIFICATE OF LIABILITY INSURANCE 11/1/2020 DATE(MM/DDIYYYY) 10/31/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 3280 Peachtree Road NE, Suite #250 Atlanta GA 30305 (404) 460-3600 NAME:CT PHONE FAX ��� �q) L E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICi INSURER A :Everest Indemnity Insurance Company 10851 INSURED American Promotional Events, Inc. 1359629 DBA TNT Fireworks, Inc. P.O. Box 1318 4511 Helton Drive Florence AL 35630 INSURER B : INSURER C : INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 12292513 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD ER SUER WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY N N SI8GL00242-191 11/1/2019 11/1/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE PREMISESO(Eaa ooccu ence) $ 500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES RO- PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 8 AUTOMOBILE LIABILITY ANY AUTO OWNED — _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX BODILYtNJURY(Peraccident) $ XXXXXXX PROPERTY DAMAGE (Per action() $ XXXXXXX $ XXXXXXX UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXX3(3� AGGREGATE $ XXXXXXX DED RETENTION $ $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) IF yes, describe under DESCRIPTION OF OPERATIONS below N / A NOT APPLICABLE PER STATUTE OTH ER E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX E.L. DISEASE - POLICY LIMIT $ XXXXXXX DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is an additional insured on the General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER CANCELLATION 12292513 TARGET 0931 CITY OF STILLWATER 2021 MARKET DRIVE STILLWATER MN 55082 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-201 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) Wholesale Distributor Projected Order OC TNT FIREWORKS TNT0001 HOWARDC Account No Date Location J20 1410006 03/11/2020 TAR0931 Sold To: TARGET - CORPORATE 00001 PO BOX 1296 MINNEAPOLIS MN 55440 Ship To TARGET 0931 2021 MARKET DRIVE STILLWATER MN 55082 Item No Description *********************** 102023 102024B 102533 102536 ASSORTMENTS STORM SHOCK USA PDQ SS J10 THUNDER BOOM USA SS J12 WO PDQ THUNDER BOOM ALL -CT SS J18 MEGA STORM ALL -CT SS BOX J18 *********************** 200722 201371 BASE FOUNTAINS SUPER VALUE PACK REV J09 3 PAK FOUNTAIN J19 *********************** GROUND SPINNERS 290157A GROUND BLOOM FLOWER 20 CT BOX *********************** 320676 2 PAK SNAP 4 PDQS J19 *********************** 380296 380321 380323 NOVELTIES SPARKLERS #8 SPARKLERS ASST 1 PDQ J15 MX #20 NEON SPARKLERS J19 #20 CELEBRATION SPK BLUE J19 *********************** COUNTER CASES 673944 DSP TAR FULL SS J20 GA SC VA 200722 102023 351052 102024B 730644E 102310 290157A 201183 201247 201249 201250 201251 201253 380320 380296 380321 SUPER VALUE PACK REV J09 STORM SHOCK USA PDQ SS J10 SMOKE BALLS BOX OF 8 J12 THUNDER BOOM USA SS J12 WO PDQ SIGN NFPA SM FRWKS NO SMOKING MEGA STORM USA SS AM BOX J13 GROUND BLOOM FLOWER 20 CT BOX JALAPENO POPPER YP PDQ MAD TROLLS WHIMSY J18 TACO TUESDAY HAPPY TROLLS J18 KOOL KAT MORNING GLORY #12-8PK J19 #8 SPARKLERS ASST 1 PDQ J15 MX #20 NEON SPARKLERS J19 Qty Cases Total Weight *********************** 2 1 3 1 60.00 20.00 60.00 52.00 LBS LBS LBS LBS *********************** 1 2 18.00 LBS 50.00 LBS *********************** 1 17.00 LBS *********************** 7 126.00 LBS *********************** 10 2 2 110.00 42.00 34.20 LBS LBS LBS *********************** 1 9.00 25.00 7.83 40.00 57.38 8.50 3.33 39.68 11.00 8.00 13.23 6.67 12.50 11.00 21.00 LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS 380323 #20 CELEBRATION SPK BLUE J19 17.10 LBS 320676 2 PAK SNAP 4 PDQS 319 9.00 LBS 102646 LIGHTNING BLAST BOX SS USA J20 77.16 LBS *********************** PROMOTIONAL SUPPLIES *********************** 730148 WATER CAN EXTINGUISHER 730644E SIGN NFPA SM FRWKS NO SMOKING TOTAL CASES 33 TOTAL WEIGHT OF FIREWORKS 588.45 LBS TOTAL WEIGHT OF NOVELTIES 378.12 LBS TOTAL NEC 147.11 LBS ADDRESS 2' ° '2l ct Cie TNT® FIREWORKS Site Plan Worksheet CITY 31'' 11 Liu al ---ex STATE M ✓1e'Sv4-°‘ ZIP J U Z PHONE 6 ( - 9 3 / - 0 Z )1 STORE NAME / LOCATION # d 3 TYPE OF EVENT: In-store sales of state -approved fireworks NORTH SOUTH SPECIAL INSTURCTIONS SIGNATURE ' DATE 9/2 7/e4) STORE MANAGER / TNT® Representative American Promotional Events Consumer Fireworks 1.4G Safety Data Sheet (SDS) Page 1 of 7 OSHA Hazard Communication Standard 29 CFR 1910.1200. Prepared to GHS Rev03. 1. Identification Product Trade Name or Identifier: Consumer Fireworks UN0336, 1.4G Manufacturer: ANCO Far East Importer: American Promotional Events, d.b.a. TNT Fireworks Distributor: American Promotional Events, d.b.a. TNT Fireworks Other responsible party: N/A Address: Corporate Office - 4511 Helton Drive, Florence, AL 35630 Contact information: 800-243-1189 / www.tntfireworks.com For Product Information/Emergency Phone Number: Normal Business Hours — 1-800-243-1189 After Hours - Chem -Tel - 1-800-255-3924 Description: Manufactured articles containing pyrotechnic compositions Recommended use: For use by consumers / general public for entertainment purposes. 2. Hazard(s) Identification Product Contains Pyrotechnic Composition / A solid mixture of oxidizer and fuel that will burn vigorously if ignited by flame or high temperature. These items are classed as 1.4G explosives by U.S. DOT. *No chemical composition is exposed during normal handling, transportation and storage. Signal Word - WARNING UN0336, FIREWORK 1.4G (DOT) (Consumer Fireworks) Hazard Statements Fire or Projection Hazard Precautionary Statements Keep away from heat/sparks/open flames/hot surfaces — NO SMOKING Risk Phrases Harmful if swallowed Irritating to eyes, respiratory system and skin Safety Phrases Keep out of reach of children Keep away from sources of ignition — NO SMOKING American Promotional Events Consumer Fireworks 1.4G Safety Data Sheet (SDS) Page 2 of 7 3. Composition / Information on Ingredients Consumer Fireworks contain pyrotechnic compositions in solid form consisting of mixtures of fuels, oxidizers, and other chemicals and are designed to produce visible and or audible effects when ignited. Two or more of the following chemicals are present in these products: Chemical Name Formula Typical Use % CAS Number Aluminum Al Fuel * 7429-90-5 Antimony Sulfide Sb2S3 Fuel * 1345-04-6 Barium Nitrate Ba(NO3)2 Oxygen Donor/green flame 10022-31-8 Bismuth Oxide Bi203 Oxygen Donor/crackle effect * 1304-76-3 Calcium Carbonate CuCO3 Neutralizer/red-orange flame • 1317-65-3 Carbon or Charcoal C Fuel 7440-44-0 Copper Carbonate CuCO3 Oxygen Donor/blue flame * 12069-69-1 Capper Oxide CuO Oxygen Donor/blue flame * 1317-38-0 Cryolite (sodium aluminum fluoride) Na3AIF6 Coloring Agent * 15096-52-3 Dextrine (Com starch) (C6H1005)n Fuel/Binder 9004-53-9 Iron and Iron Alloys (e.g., ferro/titanium) Fe, Fe/Ti Fuel * 7439-89-6 (Fe) Magnalium (Magnesium/Aluminum alloy) Mg/AI Fuel 7439-95-4 Nitrocellulose, <12.6% Nitrogen Less than 15g per tube (C6H7N3O11)n Gas/heat Generant * 9004-70-0 Phenol -formaldehyde resin ("Resinox") C40Ha207 Fuel * 9003-35-4 Polyvinyl Chloride (C2H3CI) Fuel * 9002-86-2 Potassium Benzoate KC7H502 Fuel - Whistle or Burst * 582-25-2 Potassium Chlorate KCI03 Oxygen Donor • 3811-04-09 Potassium Hydrogen Phthalate K2Cr207 Fuel - Whistle or Burst 877-24-7 Potassium Nitrate KNO3 Oxygen Donor 7757-79-1 Potassium Perchlorate KCIO4 Oxygen Donor * 7778-74-7 Rice Starch (C6H1005)n Fuel * 9005-25-8 Shellac C16H2405 Fuel * 9000-59-3 Sodium Bicarbonate NaHCO3 Neutralizer * 144-55-8 Sodium Oxalate Na2C204 Fuel - Whistle * 62-76-0 Strontium Carbonate SrCO3 Color Agent 1633-05-2 Strontium Nitrate Sr(NO3)2 Oxygen Donor 7631-99-4 Sulfur S Fuel 7704-34-9 Titanium( >149 microns) Ti Fuel * 7440-32-6 *Trade Secret Claims: Ingredient percentages are company proprietary. Physical Appearance: Devices consist of one or more cardboard or plastic tubes containing various pyrotechnic compositions, generally with a decorative paper outer wrapping bearing cautionary warning labeling. No chemical composition is exposed during normal handling, transportation and storage. All individual items labeled and marked in accordance with regulations of the U.S. Consumer Product Safety Commission. All outer shipping packages are manufactured, sealed, labeled and marked in accordance with all applicable DOT requirements. American Promotional Events Consumer Fireworks 1.4G Safety Data Sheet (SDS) Page 3 of 7 4. First Aid Measures All chemical composition is contained within the device, and there should be minimal -to -no exposure to the chemicals under normal conditions of handling of the type typically involved in handling, transportation and retail sales operations. Skin Contact: Contents (if spilled) should be washed immediately from the exposed area with soap and water. If irritation persists, seek medical attention. Eye Contact: (If contents are spilled) flush eyes for a minimum of 15 minutes. If irritation persists, seek medical attention. Inhalation: None from unignited devices. When the devices are ignited by a user, smoke will be produced. People with respiratory conditions such as asthma should avoid breathing any smoke, including that produced by fireworks. Ingestion: If accidentally ingested, seek medical attention as soon as possible Delayed Effects: N/A Required Treatment: Seek medical treatment if required. 5. Fire Fighting Measures Fire Hazard Data: Autoignition: >250 F Flash Point: N/A Flammability Limits (volume %): N/A Lower: N/A Upper: N/A Extinguishing Techniques: Flood with Water Special Fire Fighting Procedures: Protect surrounding area Special Equipment: No special measures or equipment required — standard eye protection and other PPE should be used by all emergency responders Chemical Hazards from Fire: Hazardous decomposition or byproducts; smoke, nitrogen oxides and sulfur oxides may be produced in a fire. Unusual Fire and Explosion Hazards: Fireworks will burn rapidly in the event of a fire, do not use suffocation methods since burning devices produce their own oxygen and the fire may become more violent if confined. American Promotional Events Consumer Fireworks 1.4G Safety Data Sheet (SDS) Page 4 of 7 6. Accidental Release Measures List Emergency Procedures: Steps to be taken in case material is released or spilled: NO SMOKING or OPEN FLAME in the vicinity of spilled material / items at any time! Carefully pick up all spilled items and place in cardboard packages. Protective Equipment: natural fiber non -sparking brush. Clean up Procedures: Sweep up any spilled exposed / loose chemical compositions with a natural fiber non -sparking brush. Avoid flames, sparks, friction, or impact near any exposed pyrotechnic composition. Proper Methods of Containment: Sturdy cardboard boxes with lids closed and sealed. Approved DOT fiberboard packaging should be used for transportation 7. Handling and Storage Avoid smoking, open flame and excessively high temperatures (above 200 degrees F) in the vicinity of fireworks. Keep shipping cartons in a cool, dry location Do not drop or throw packages of fireworks Do not use bale hooks or other sharp devices Keep cartons closed and sealed for storage Incompatibilities: Exposure to water may cause fireworks to deteriorate. If fireworks become wet due to fire -fighting efforts or for any other reason such as a flood, they should be removed for disposal in accordance with all applicable requirements. 8. Exposure Controls / Personal Protection Exposure Guidelines: N/A for intact devices Engineering Controls: N/A for intact devices Respiratory Protection: N/A for intact devices Eye / Face Protection: N/A for intact devices Skin Protection: N/A for intact devices American Promotional Events Consumer Fireworks 1.4G Safety Data Sheet (SDS) Page 5 of 7 9. Physical and Chemical Properties Physical Appearance: Fireworks compositions are generally not exposed in intact devices, but are contained in cardboard tubes or other sealed containers. If exposed, they are generally gray or black powders or granules Odor: None pH: close to neutral (7) Specific Gravity/Density: N/A Water Solubility: Oxidizers will dissolve to some extent in water Melting Point: >200F Vapor Pressure: minimal at room temperature Percent Volatiles by Volume: generally <1% by weight (mainly moisture) Flash Point: N/A Explosion Limits: Lower: N/A Upper: N/A Autoignition Temp: >250F 10. Stability and Reactivity Chemical Stability: Stable Conditions to Avoid: Ignition sources, Open flames, smoking Hazardous Reactions Materials / Chemicals to be avoided: Store away from any heat or flame sources Hazardous Decomposition Products: Oxides of sulfur, carbon, and nitrogen may form in a fire Hazardous Polymerization: Will not occur American Promotional Events Consumer Fireworks 1.4G Safety Data Sheet (SDS) Page 6 of 7 11. Toxicological Information Routes of Exposure: N/A Chemical composition is not exposed in intact devices Related Symptoms: N/A Acute & Chronic Effects: N/A Numerical Measures of Toxicity: N/A Carcinogenicity: N/A 12. Ecological Information * (note: not enforced by OSHA) Ecotoxicological lnformation: N/A 13. Disposal Considerations * (note: not enforced by OSHA) Product: Consumer Fireworks Recommendation: All Consumer Fireworks are sold under a guaranteed sales program in which the customer returns any unsold products to American Promotional Events. Other disposal of consumer fireworks should be done in accordance with all local, state and Federal regulations. Uncleaned Packagings: Typically no residues are present in packaging Recommendation: N/A 14. Transportation Information * (note: not enforced by OSHA) Shipping Name: IMDG/IMO/ICAO/US DOT Proper Shipping Name Fireworks Hazard Class 1.4G ID Number UN0336 Packaging Group II American Promotional Events Consumer Fireworks 1.4G Safety Data Sheet (SDS) Page 7 of 7 15. Regulatory Information * (note: not enforced by OSHA) U.S. Federal Regulations: CPSC The U.S. Consumer Product Safety Commission (CPSC) has issued mandatory safety regulations for fireworks devices. The CPSC enforces its fireworks regulations under the Federal Hazardous Substances Act (FHSA), 15 U.S.C. §1261. and Title 16, Code of Federal Regulations (C.F.R.) Parts 1500 and 1507. DOT Consumer fireworks are considered hazardous materials (hazmat) Division 1.4G explosives, and their safe transport is regulated by the Hazardous Materials Regulations (HMR) 49 CFR Parts 171-180). Other Regulations: U.S. / State: Laws governing the sale and use of Consumer Fireworks vary from state to state — the State Fire Marshal is generally the enforcing officer in an individual state. European/International Regulations: N/A Inventory Information: N/A 16. Other information This SDS was prepared on: 04/24/15 By: CLW — APE/TNT This SDS was last revised on: 02/27/17 By: CLW — APE/TNT The information contained herein is believed to be accurate and represents the best information currently available to us. However, we make no warranty of merchantability or any other warranty, expressed or implied, with respect to such information, and we assume no liability resulting from its use. Users should make their own investigations to determine the suitability of the information for their particular purposes. In no event shall American Promotional Events or its affiliates be liable for any claims, losses, or damages of any third party or for lost profits or any special, indirect, incidental, consequential or exemplary damages, howsoever arising, even if American Promotional Events, its affiliates or consultants have been advised of the possibility of such damages. Key Legend Information: N/A — Not Applicable TLV — Threshold Limit Value OSHA — Occupational Safety and Health Administration RESOLUTION NO. 2020- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING LEASE AGREEMENT WITH MAX TODO MARINE SERVICES, INC. BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement between Max Todo Marine Services, Inc. and City of Stillwater for lease of City property identified in "Exhibit A" is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 19t1 day of May, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk LEASE AGREEMENT THIS AGREEMENT made this 19th day of May, 2020, between the CITY OF STILLWATER, Washington County, Minnesota, a Home Rule City of the Third Class ("City") and MaxToDo Marine Services, Inc., a Minnesota corporation, ("MaxToDo" and "Tenant"). 1. Recital. The City is the owner of real estate with frontage on the St. Croix River ("Property"), part of which was formerly rented to Aiple Towing Company who operated a barge terminal facility from the site. 2. The Property. A portion of this Property is the subject of this Lease and is described on the attached Exhibit "A". 3. Term. The Lease is for a term of three (3) years, however, either Party may terminate this Lease thirty (30) days after written notice. 4. Rent. As and for rent payable to the City during the term of this Agreement, Tenant will pay rent in the amount of Five Hundred Fifty and No/100 ($550.00) Dollars per month, payable monthly in advance of the first day of each month. 5. Appearance. Tenant agrees to maintain the physical appearance of the Property in its present condition and promises to erect no additional out buildings or structures on the Property. 6. Mooring. Tenant will be allowed to bring to the Property and moor on the Property any equipment and additional boats and vehicles as needed to reasonably maintain their business. 7. Snow and Brush Removal. Tenant will also be responsible for snow removal, and cut and trim brush and weeds, all without charge to the City. 8. Waiver. Tenant also agrees and waives, by this Lease, any claim that they might otherwise have to compensation as a lessee in possession under any state or federal law or rule should the property be needed to accommodate construction of an interstate bridge, bridge piers or abutments or other possible bridge construction impacts in the event the Property or any part of it is needed for bridge construction or bridge construction impacts or is affected by bridge construction impacts. Tenant agrees to accommodate any such construction or impacts. 9. Mooring Visitors. Tenant also agrees to reasonably accommodate, at the request of the City, any marine services who are temporarily working on public projects on the St. Croix River on a temporary basis and who are in need of loading, unloading or mooring vessels involved in this work. This provision will be operative on a case by case basis and may not unreasonably disrupt Tenant's operations, or provide a competitor with an unreasonable advantage. 10. Insurance and Release. Tenant must insure the Property against all risks and provide the City with a certificate of insurance evidencing One Million Five Hundred Thousand ($1,500,000) combined single limits coverage on their operation, naming the City as an additional insured as their interest may appear. 11. Prohibition Assignment. This Agreement and the rights granted hereunder may not be assigned or transferred by Tenant without the prior written consent of the City. 12. Conditions. This Agreement will not be effective unless all activities of Tenant have the approval of the United States Army Corps of Engineers and the Minnesota Department of Natural Resources, if required by law. IN WITNESS WHEREOF, the parties have set their hands this day of , 2020. ATTEST: Beth Wolf, Its City Clerk CITY OF STILLWATER By: Ted Kozlowski, Its Mayor TENANT: MAXTODO MARINE SERVICES, INC., a Minnesota corporation By: Its: STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss ) The foregoing instrument was acknowledged before me this day of , 2020, by Ted Kozlowski, Mayor, and Beth Wolf, Clerk, for the CITY OF STILLWATER. STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss ) Notary Public The foregoing instrument was acknowledged before me this day of 2020, by , the , duly authorized agent for MaxToDo Marine Services, Inc., a Minnesota corporation Notary Public Exhibit A Memo DATE: May 12, 2020 TO: Mayor and City Council FROM: Sharon Provos, Finance Director RE: 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 quarter of every year using the water consumption (obtained from the Water Board) from the 1 St 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 Circumstance 1 Filled Ice Rink Winter Average Gallons Billing Quarter Adjustment for From 42,000 2nd To 11,000 2 Outside Faucet Leak From 21,000 2nd To 12,000 RESOLUTION NO. 2020- RESOLUTION AUTHORIZING THE USE AND TRANSFER OF CAPITAL FUND BALANCE NOT TO EXCEED $1,250,000 IN LIEU OF GENERAL OBLIGATION BOND BORROWING TO FUND 2020 CAPITAL BUDGET ITEMS WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") prudently manages its fund accounts and the use of accumulated fund balance, and WHEREAS, the City Council had previously determined and declared that the amended 2020 Capital Projects Budget can be funded by the use of accumulated fund balances from various Capital Project Funds, and WHEREAS, the City deems it necessary in this instance, due to budget impacts from COVID 19 pandemic, to forego issuing General Obligation Bonding. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby authorizes the use and transfer of Capital Fund Balance not to exceed $1,250,000 in lieu of General Obligation Bond Borrowing to fund the 2020 Capital Budget. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of May 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk illwa ter dministration Date: May 15, 2020 To: Mayor and Council From: Beth Wolf, City Clerk Subject: Liquor License Refunds On May 5, 2020 the City Council directed staff to prepare a plan for refunding on sale liquor license fees to businesses that have been impacted by the declared local, state and national emergency related to the COVID-19 Pandemic. Staff has prepared a plan to reimburse these businesses via two phases. Phase I - Refund Immediately On sale liquor businesses were unable to fully use their liquor license from March 17 through April 17 (Governor Executive Orders 20-04 and 20-33); therefore, refunding immediately of one month of liquor license fees is proposed, please see attached table. Phase II - Future Refund Legislation effective April 18 allows on sale liquor businesses the ability to serve alcohol to go as follows: • Up to 72 ounces malt liquor, hard seltzer and cider and 750 ml of wine in its original packaging • Sales only "in conjunction with and is incidental to the sale of prepared food for take-out" • Sales only until the closure order, or any subsequent order, expires or is terminated or rescinded Not allowed: • Sales of hard liquor • Delivery of alcohol beverages, even with food Staff is unable at this time to determine which on sale liquor businesses are choosing to serve alcohol to go as some businesses may not be selling food/alcohol curbside. According to the Stillwater City Code Sec. 43-61 Subd 6.2 license fees are not refundable unless the applicant so requests and the request is approved by the council. Specific fees for which work was performed, such as a background investigation, shall not be refundable. Staff is seeking direction on which option could be used for Phase II: 1. Provide a refund to all on sale liquor businesses for an additional month, April 18 - May 18. 2. Each business requests a refund as per City Code requirements (on a form created by the City) which would require the business to state if they are open and providing curbside service or they are closed. 2020 Liquor Licenses License Type On -Sale Liquor w/ Sunday On -Sale Liquor Club On -Sale w/ Sunday Brewery Taproom On -Sale w/ Sunday Wine On -Sale & Malt Liquor Wine On -Sale Total Refund Brewery Off -Sale Off -Sale Off -Sale Malt Total Refund On -Sale Liquor with Sunday 3rd Street Post Acapulco Mexican Restaurant Brian's Brick and Bourbon Dock Cafe Domacin Wine Bar Freight House Harbor Bar JX Event Venue Lolito LoLo American Kitchen Lora/Feller/The Long Goodbye Lowell Inn Mad Capper Marx Wine Bar and Grill Match Stick Nacho Mamas No -Neck Tonys Norman Quacks Oak Glen Oasis Cafe, Inc. Osaka Express P.D. Pappys Patriots Tavern Portside Thai Basil The Lodge The Loft at Studio J The Lumberjack The Tilted Tiki The Velveteen The Zephyr Theatre Water Street Inn Whiteys Ziggy's West Annual Fee $ 3,087.50 $ 2,887.50 $ 646.25 $ 700.00 $ 477.75 $ 315.00 Per Month Fee $ 257.29 $ 240.63 $ 53.85 $ 58.33 $ 39.81 $ 26.25 $ 200.00 $ $ 200.00 $ $ 57.25 $ 16.67 16.67 4.77 # of 1 Month 2 Months Licenses Refunded Refunded 35 1 2 2 7 1 2 8 1 On -Sale Liquor Meisters Bar and Grill Club On -Sale with Sunday Stillwater Country Club Stillwater K.C. Hall $ 9,005.21 $ 240.63 $ 107.72 $ 116.67 $ 278.69 $ 26.25 $ 9,775.17 $ 33.34 $ 133.34 $ 4.77 $ 171.44 Brewery Taproom On -Sale with Sunday Lift Bridge Brewing Company Maple Island Brewing $ 18,010.42 $ 481.25 $ 215.44 $ 233.34 $ 557.38 $ 52.50 $ 19,550.33 Wine On -Sale with Malt Liquor (includes Sunday) Chilkoot Cafe Cooks of Crocus Hill La Carreta Mon Petit Cheri Quickfire Pizza The Grand The Lumberyard Wine On -Sale (includes Sunday) Rivertown Inn Off -Sale Cellars Wine & Spirits City Sliquors Cub Wine and Spirits #1664 Domacin Wine Bar Haskells Liberty Village Wine and Spirits North Hill Liquor Whiteys Off -Sale Malt Liquor Cub Foods Brewery Taproom Off -Sale Lift Bridge Brewing Company Maple Island Brewing 66.67 266.67 9.54 342.88 Sill, Administration TO: Mayor & City Council FROM: Tom McCarty, City Administrator DATE: May 15, 2020 SUBJECT: COVID-19 Updates BACKGROUND INFORMATION: At the May 5, 2020 City Council meeting, the City Council received updates on COVID-19 impacts on City operations, discussed potential adjustments to park reservation cancellations and received a request from the Chamber of Commerce on behalf of the business community to consider allowing short term changes in business operations as a result of COVID-19 impacts. This memo outlines city staff review and analysis of the following items: • Liquor Licenses Refunds - Separate report from City Clerk • Business Recovery Efforts - May 1, 2020 Letter from Chamber of Commerce attached and addressed below. • Park Reservation Cancellation / Parks Reopening Update • Workplace of Tomorrow Team - Activity Update STAFF REVIEW AND ANALYSIS: Business Recovery Efforts - Chamber of Commerce May 1, 2020 Letter The letter included numerous requests and staff review and analysis are outlined below: Restaurant Industry Re -opening: 1. Liquor License Fee pro-rata rebate - Addressed in separate report from City Clerk. 2. Establish "To -Go Food and Beverage Consumption Zone" - Initial discussion by City Council at May 5 meeting regarding an "Open Container District" did not have support. 3. More picnic tables, garbage and recycling containers downtown - Public Works Department has placed more picnic tables, garbage and recycling containers downtown in the Lowell Park area. 4. Creation of Temporary extension of "footprint" (patio space) for bars with existing land or existing parking spaces (City owned property/ROW) - Staff has researched this item and it does appear that the City Council could authorize an extension of the footprint for serving alcohol under liquor license law (State AGED opinion) and also could authorize the extension of the footprint for food service (County Health Dept. opinion). Many additional logistical items need to be addressed: • Site Plan • Safety and Security Issues - Emergency ingress and egress, fire lane access, insurance liability issues, clear and secure demarcation of the service areas, law enforcement issues. • Days and Hours of Operation • Duration of Temporary Approval • Cleaning and Disinfection of Temporary Space - the business operator would have responsibility to manage. In addition, city staff time for greater volume of garbage and recycling will likely increase. • Compliance with CDC and MN Dept. Health COVID-19 Guidelines • Supply Chain Delivery Access • Removal of Garbage and Recycling Accumulation • Equity - Bar/Restaurant and Retail establishments throughout the City should have the same opportunity for footprint expansion if authorized by City Council. 5 Allow Restaurants to Keep Parking Spots Designated for Take-Out/Pick-up - Already approved, can be extended. 6 Free Parking for the Summer - Parking fees in the City parking system have been waived through June 1, 2020. The paid parking system generates in excess of $10,000/month for the City Parking Fund. City Council must determine how long to allow free parking. 7 Close Chestnut Street as Soon as Possible - the City cannot make any decisions in this regard until such time as MnDOT turns over Chestnut to the City under the provisions of the lease agreement between the City and MnDOT. Staff suggests that any closure of Chestnut Street prior to construction of the pedestrian plaza be limited to the area from Water Street east to the Lift Bridge. 8 Flexibility of Signage Ordinance - Could be considered for temporary period of time while COVID-19 protocols are in place. 9 Temporary Sidewalk Sales - not allowed on Main Street (MnDOT Right -of -Way); potentially addressed under Item #4 for Retail Operations. Park Reservation Cancellation / Park Reopening Staff recommends that City Council extend the current Parks Reservation Cancellation (through May 31, 2020) to run coterminous with the Events Cancellation - through July 31, 2020. The Governor's Executive Order 20-56 allows gatherings of not more than 10 people, provided all CDC and Mn Dept. of Health COVID-19 protocols are observed. All of the current park reservations through June and July have attendance number well in excess of 10 individuals (see attached Parks Reservation Schedule). Workplace of Tomorrow Team Update The Workplace of Tomorrow Team is meeting regularly and will have a draft plan for reopening City operations available at the June 2 City Council meeting. The plan will contain general provisions for reopening City operations that protect city staff, elected and appointed officials and the public in compliance with CDC and Mn State Department of Health COVID-19 guidelines. The plan will also provide guidelines for reopening City facilities. GREATER STILLWATER CHAMBER of COMMERCE May 1, 2020 200 Chestnut St E, #204 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com Stillwater Mayor and Council Members City of Stillwater 216 North 4th Street Stillwater MN 55082 Dear Mayor and Council Members: The Greater Stillwater Chamber of Commerce (Chamber) has implemented a Business Recovery Committee - COVID-19 (BRC19) to work together to assist and support businesses during this outbreak to reopen businesses in a safe manner, address challenges and opportunity they will face with social distancing, and generate ideas for businesses to recover from their financial loss and the overall economic health of our community. The BRC19 is led by the Chamber and includes lawmakers, city council representation, tourism representation, financial industry, banking, and several other local small businesses. A few ideas that have already been discussed include: marketing campaigns, winter events in downtown, a main street reset, businesses cross -promoting opportunities, proactively staying in front of the new retail and service environment, and providing ongoing and updated resources with leadership from the Chamber in partnership with the city. As you know, yesterday Governor Walz signed Executive Order 20-48 allowing for local retail stores to reopen on Monday, May 4th and is looking at a continued slow opening strategy for more businesses using COVID-19 best practices and guidelines. Our businesses are in unchartered territory now and will need assistance and flexibility from the City for their survival. For starters, here are a few requests for your consideration. • Flexibility on the signage ordinance • Allow for temporary sidewalk sales; perhaps allow for retail stores to have defined days where they could have a table of goods and products in the park. • Close the future Chestnut Plaza space as soon as possible to add more social distancing space downtown. • Work together and support new winter events. • Expand resources to the Stillwater Lights attraction — separate request to be submitted. • Consider the attached memo from the Stillwater Bar and Restaurant Owners in coordination with Stillwater Area Chamber of Commerce. Thank you for your consideration. If you have any questions, please do not hesitate to contact me. Robin Anthony, IOM Executive Director Greater Stillwater Chamber of Commerce Cc: Tom McCarty, Stillwater City Administrator GREATER STILLWATER CHAMBER of COMMERCE Date: To: From: 200 Chestnut St E, #204 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com May 1, 2020 Stillwater Mayor and Council Members Stillwater Bar and Restaurant Owners in coordination with Greater Stillwater Chamber of Commerce RE: Downtown Stillwater Restaurant Industry Re -Opening Requests Introduction Downtown Stillwater has a vibrant retail scene including some of the finest bars and restaurants anywhere in the Midwest. Closing this section of the industry has been a tremendous blow to the local economy, creating a steep decline in tourism and unemployment among so many Stillwater residents who work in the restaurant industry. Restaurants also contribute a large amount of money and services for the Stillwater area organizations and non -profits. As we navigate into the post-Covid world, where it appears social distancing practices will be expected, if not required, there will be many challenges for success of this prominent part of the local economy. The Stillwater bar and restaurant industry is so unique because of the variety of experiences they offer. Many have a comfortable small-town bar feel, while others have a bustling metropolitan energy. There are a few common qualities, however, such as smaller footprints / lower capacity ranges, lack of onsite parking lots, lack of large patio spaces, the physical challenges of 19th century architecture and construction, and connection with sidewalks and the parks along the river. In order to comply with regulations as well as remaining a viable business in Stillwater, the restaurant and bar owners would like to propose several key initiatives that the City of Stillwater could pass for the benefit of the industry. These items are a lifeline for the restaurant industry, the tourism industry, and the hundreds of unemployed industry workers. Furthermore, Stillwater has the opportunity to continue its track record of being one of the best small towns in America and providing residents and visitors with unique experiences while being health conscious and responsible. List of Ideas: - Discount or forgive Liquor License fee for March, April, and May. - City staff would determine each pro-rata fee for 3 months of liquor license fee and refund it to each license holder. - Establish a Business District "To -Go Food and Beverage Consumption Zone" for consumption of to -go food and refreshments from bars and restaurants. I.e. Open Container allowance for the central business district. - Stillwater has a lot of open park area and the central business district has natural borders with the concentration of commercial zone and hills / river all around. This allows restaurants and bars with lower capacities to have a chance at operating close to full potential while maintaining social distance recommendations. GREATER STILLWATER CHAMBER of COMMERCE 200 Chestnut St E, #204 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com - More picnic tables could be set out in the park area (the city owns picnic tables in storage currently) or families can set up picnic blankets, appropriately distanced from each other. - More garbage and recycling would need to be set out and maintained. - Rules to regulate to -go alcohol would be clear. As an example, only one drink (up to 16oz alcoholic beverage) in a clear recyclable plastic cup may be purchased to -go and consumed in the designated consumption area. Customers may not bring alcoholic drinks purchased from other establishments into an establishment, thereby maintaining a given bar's right to refuse service and make sure customers are consuming alcohol responsibly. - City would designate the "open container boundaries", i.e. Nelson Ave southern border, 3rd Street western border, Mulberry northern border, and the river eastern border. Any consumption outside of this area would result in potential fines. - All other compliance ordinances for littering, public intoxication, operating motor vehicles under the influence, etc. would remain in place. - Precedence for a business district open container law exists in many cities around the US (Savannah GA, Butte MT, Hood River OR, Kansas City Power and Light District MO, Tampa Riverwalk FL, Many OH & IN cities, and Winona MN) - Creation of controlled spaces for enjoying take-out food and refreshments. This would be a "lighter" version of the above idea, where some city parking lot area or specific park areas could be delineated and designated as "to -go food and drink consumption areas" These areas would be smaller and easily monitored by public safety. Grant temporary extension of premise to bars to create temporary patio spaces with existing land or existing parking spots onsite. Example being Whitey's parking spots behind it on the alley side, Oasis expand patio into their private lot, etc. - Potentially also parking spots in front of the business if they are not doing Curbside to - go. Regulations would be agreed on for clear barrier of footprint. Allow restaurants to keep 1-2 spots in front of the business for Take-out / Curbside to -go. - Many have developed this strategy and been proficient at it. - This allows residents that want to remain isolated to still enjoy their favorite food experiences. - Possibly just Mon-Thurs as a compromise, though customers will continue to need a location to pick up their meals. - Free parking for the summer. - Potential compromise for weekday parking. GREATER STILLWATER CHAMBER of COMMERCE Restaurant Contacts: 200 Chestnut St E, #204 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com - Joe Ehlenz, Lolo and Lolito - John Koch, Portside and Something Pasta - Mark Hanson, Marx - Jeff Chilson, Mad Capper - Kevin Dunn, Whitey's - Paul Larson, Quickfire Pizza Nick Dodge, Brian's and Matchstick Matt McGough, Freight House - Tim Brown, 3rd Street Post and Harbor Bar Chris Goetzke, The Tilted Tiki - Sherri Hopfe, The Dock Cafe - Tony Misenor, No Neck Tony's - Chuck Dougherty, Water Street Inn and Charlie's Pub - Ryan Marsh, PD Pappys - Craig Beemer, Oasis Cafe - Aleksandar Pantic, Domacin Stillwater Parks Monthly Reservation Report # of Date and Park Time Frame Name and Organization Event and Facilities Reserved People Saturday, June 6, 2020 North Lowell Park 2:00 PM to 10:00 PM Chris Sorenson Wedding Gazebo 40 Friday, June 12, 2020 Pioneer Park 4:30 PM to 10:00 PM Bil MacLeslie The Zephyr Theatre Shakespeare in the Park Area #2 or #3 in Park no other facilities needed 90 Saturday, June 13, 2020 Pioneer Park 4:30 PM to 10:00 PM Bil MacLeslie The Zephyr Theatre Shakespeare in the Park Area #2 or #3 in Park no other facilities needed 90 Sunday, June 14, 2020 Pioneer Park 4:30 PM to 10:00 PM Bil MacLeslie The Zephyr Theatre Shakespeare in the Park Area #2 or #3 in Park no other facilities needed 90 Friday, June 19, 2020 Pioneer Park 4:30 PM to 10:00 PM Bil MacLeslie The Zephyr Theatre Shakespeare in the Park Area #2 or #3 in Park no other facilities needed 90 Saturday, June 20, 2020 Pioneer Park 12:00 PM to 7:00 PM Robert Cunningham Reunion Both Picnic Shelters 40 Pioneer Park 4:30 PM to 10:00 PM Bil MacLeslie The Zephyr Theatre Shakespeare in the Park Area #2 or #3 in Park no other facilities needed 90 Sunday, June 21, 2020 Pioneer Park 4:30 PM to 10:00 PM Bil MacLeslie The Zephyr Theatre Shakespeare in the Park Area #2 or #3 in Park no other facilities needed 90 Thursday, June 25, 2020 Washington Square 4:00 PM to 10:00 PM Bill Turnblad Rotary Club Picnic Picnic Pavillion 65 Friday, June 26, 2020 Pioneer Park 4:30 PM to 10:00 PM Bil MacLeslie The Zephyr Theatre Shakespeare in the Park Area #2 or #3 in Park no other facilities needed 90 Saturday, June 27, 2020 North Lowell Park 12:00 PM to 3:00 PM Carlee Clarke Wedding Ceremony Gazebo 70 Pioneer Park 6:00 AM to 10:00 PM Pat Gude Family Picnic Both Picnic Shelters 45 Sunday, June 28, 2020 Pioneer Park 8:00 AM to 2:00 PM Germaine Clarkin Crosswinds Community Church Service & Picnic Both Picnic Shelters & Area #1 in Park 125 Pioneer Park 4:30 PM to 10:00 PM Bil MacLeslie The Zephyr Theatre Shakespeare in the Park Area #2 or #3 in Park no other facilities needed 90 Sunday, July 5, 2020 Pioneer Park 8:00 AM to 1:00 PM Rita Friesen Wedding Ceremony Both Picnic Shelters & Area #1 in Park 150 Saturday, July 11, 2020 North Lowell Park 2:00 PM to 6:00 PM Kathy Jordan Wedding Ceremony Gazebo 40 Sunday, July 12, 2020 Pioneer Park 11:00 AM to 7:00 PM Richard Zimmerman Family Reunion Both Picnic Shelters 35 Washington Square 10:00 AM to 7:00 PM Monica Roth Picnic Picnic Pavillion 45 Date and Park Saturday, July 18, 2020 Pioneer Park 2:00 PM Saturday, July 25, 2020 Pioneer Park 1:00 PM Sunday, July 26, 2020 Pioneer Park 12:00 PM Friday, July 31, 2020 Pioneer Park 5:00 PM to Saturday, August 8, 2020 Pioneer Park 11:00 AM to Pioneer Park 2:00 PM to Monday, August 10, 2020 Pioneer Park 4:00 PM Friday, August 14, 2020 Pioneer Park 4:00 PM Saturday, August 15, 2020 Washington Square 1:00 PM Friday, August 21, 2020 Pioneer Park 10:00 AM Friday, August 28, 2020 Pioneer Park 2:00 PM Saturday, August 29, 2020 Pioneer Park 10:00 AM Saturday, September 5, 2020 North Lowell Park 12:00 PM Sunday, September 6, 2020 Lily Lake Park 1 1:00 AM Saturday, September 12, 2020 Brown's Creek Park 9:00 AM South Lowell Park 3:00 PM to South Lowell Park 6:00 PM to Friday, September 18, 2020 North Lowell Park 2:00 PM Saturday, September 19, 2020 North Lowell Park 2:30 PM Time Frame Name and Organization to 7:00 PM Phyllis or B Gramenz to 7:00 PM Phyllis or B Gramenz to 5:00 PM Katie Benson 10:00 PM Peggy Cox 2:00 PM Sean Russell 10:00 PM Jennifer Keeler to 9:00 PM Charlie Andrews St Mary's Catholic Church to 8:00 PM Kevin Priestley to 5:00 PM Kate Mahoney to 10:00 PM Emily Dallager St Croix Synchro Ballet to 10:00 PM Anna Lawson to 8:00 PM Ian Galchutt to 7:00 PM Stephanie Enerson to 7:00 PM Julie Comer to 2:00 PM Cameron Blake 8:00 PM Dennis Wenker 7:00 PM Roni Rumpf to 4:00 PM Kelly Krumrie to 4:30 PM Amanda Ellsworth Brown's Creek Watershed District Event and Facilities Reserved Grad Party Family Reunion Celebration of Life Wedding Wedding Graduation Open House Church Event Rehearsal Dinner Graduation recital/performance Both Picnic Shelters Both Picnic Shelters Bandshell & Picnic Shelters Both Picnic Shelters Area #1 in Park no other facilities needed Picnic Shelter Bandshell & Picnic Shelters Both Picnic Shelters Picnic Pavillion Bandshell, Both Picnic Shelters & Area #2 or #3 Wedding Rehearsal and Din Both Picnic Shelters Family & Friends Gathering Both Picnic Shelters & Area #1 in Park Wedding Ceremony Birthday St Croix Sailing Club Wedding Ceremony Wedding Wedding Ceremony Gazebo Picnic Pavillion Area in Park only no facilities needed Gazebo Gazebo Gazebo # of People 70 100 75 70 70 150 200 60 125 150 40 125 220 25 100 50 20 50 150 II llwatct' Administration TO: Mayor & City Council FROM: Tom McCarty, City Administrator owl 111, DATE: May 14, 2020 SUBJECT: Boom Road Property Easement BACKGROUND INFORMATION: There are three properties located on Boom Road running north off from Fairy Falls Road within the City of Stillwater that are served by private on -site wastewater systems and private wells. The City owns property (.49 acres) directly to the northwest of the private residences that was conveyed to the City by quit claim deed in 1995 (see attached aerial photo and parcel map). The City parcel is landlocked and there are no future plans to create access to the property or improve the property. In 1999 the property owner located at 2310 Boom Road received permission from the City Council to construct a replacement septic system on City property immediately NW of 2310 Boom Road due to the small lot size prohibiting location of a replacement septic system on the lot. The City did not require or issue a license or easement for private use of public property at that time. In 2019, the property owner located at 2318 Boom Road was required to replace their failing septic system with a mound system, and the City made an administrative decision to allow the replacement mound system to be located on City property. Now the property owner located at 2310 Boom Road must again replace their septic system with a mound system and has a design approved by Washington County to locate the mound system on City property. And the property owner located at 2302 Boom Road wants to make certain that he is afforded the same opportunity to locate a replacement septic system on City property if his septic system were to fail. PROPOSED ACTION: Staff believes that it is in the best interests of all parties to require the property owners to sign an easement with the City of Stillwater for use of City property. Staff will utilize a septic system designer to prepare a site plan showing the locations on City property of the existing mound system for 2318 Boom Road, the planned mound system for 2310 Boom Road and the potential replacement system for 2302 Boom Road. City Attorney will prepare a draft easement allowing placement of and access to the replacement septic systems located on City property. The easement and necessary documentation will be brought forward for City Council review at a future meeting. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us http://maps.camavision.com/washing ommn?BBOX=-10331101.545031,5633833.1394984,... N 2 of 2 5/13/2020, 2:20 PM 181 ^o� 2103020110006 70 320.2 2103020110001 4) StIllr Administration TO: Mayor and City Council Members FROM: Beth Wolf, City Clerk DATE: May 15, 2020 SUBJECT: Council Meeting Dates Changed On December 17, 2019 Council adopted the 2020 City Council 2020 meeting calendar which included changing their 1st meeting in August to July 28th to accommodate National Night Out scheduled for August 4th. Staff has been notified that the National Night Out has been postponed to October 6th, 2020. Therefore, Council can chose to move the July 28th meeting back to its regular scheduled 1st Tuesday in August. The new date for National Night Out falls on the 1st Tuesday in October therefore, Council will need to change their meeting to accommodate the new event date. Staff suggests the meeting be moved to September 29th. ACTION REQUIRED Staff requests Council make a motion to change the following two City Council meetings dates for 2020: July 28th Council meeting to Tuesday, August 4th at 4:30 pm & 7 pm October 6th Council meeting to Tuesday, September 29th at 4:30 pm & 7 pm LEVANDER, GILLEN & MILLER, P.A. ATTORNEYS AT LAW MEMO TIMOTHY J. KUNTZ DANIEL J BEESON ANGELA M LUTZ AMANN KORINE L. LAND DONALD L HOEFT BRIDGET McCAULEY NASON PETER G. MIKHAIL SCOTT M LUCAS TONA T. DOVE AARON S PRICE DAVID L. SIENKO CASSANDRA C WOLFGRAM CASSANDRA J. BAUSTISTA AMANDA J JOHNSON TO: Mayor and Council FROM: Pete Mikhail DATE: May 12, 2020 RE: Neal Avenue Easement Acquisitions Proposed Resolution In connection with the Neal Avenue Improvement Project (Project 2019-08), we have identified easements needed from three properties: 8005 Neal Ave.; 8031 Neal Ave.; and, 8075 Neal Ave. The easements include: 1. Roadway easements. These expand the Neal Avenue roadway by a width of 14 feet. 2. Trail and drainage easements. These will accommodate the new trail and provide drainage for the trail and roadway. 3. Utility easements. The City has existing public utilities in a corridor adjacent to the new trail. We cannot locate record evidence of a public easement for these utilities. The proposed utility easements are intended to make a clear record to confirm/clarify the City's rights to maintain, repair, upgrade and replace these utilities. 4. Trail, drainage and utility easements. These will accommodate the new trail and provide drainage and utility easements for the trail and roadway. The easements are graphically depicted in Exhibit A to the proposed resolution. The resolution authorizes the acquisition of the easements, including the use of eminent domain if necessary. The hope is to buy the easements from the property owners. But in order to preserve the option to use eminent domain if necessary, the City must comply with the statutory pre -condemnation 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN procedures. The proposed resolution includes the City Council's legislative determination that the easements are reasonably necessary for a public purpose and authorizes the procedures to satisfy statutory requirements for either a voluntary purchase or the use of eminent domain. Recommended Action: Adopt Resolution 2020- Authorizing Easement Acquisitions for 2019 Neal Avenue Improvement Project (Project 2019-08). 2 7919 Wilt" TO taTTr+c wad 41 7939 1. st, as 7940 a esti �78.6 as.Df 7970 -no tF tr OP ,w4 «9550 O fig 7990 • ' utaua Rc 32' SNOTA.y 8' TRAIL SEWER 6d.Lx 7959 Roadway Easement ' . Utility Easement Trail, and Drainage Easement Trail, Drainage and Utility Easement 7979 •72 48 awriav 1 •- 8005 8040 -SECTION 20 VFW stalwart 84 41 r 8031 0 ZD t. Feet Co 8080 \-TAX AT � ��T11><EOT u V4W Mv[� 8075 8120 181k58+sa?fx • 117 RI 2355 2335 234 NO. BY DATE REVISIONS ITEM DESIGR CHECKED 1 hereby certify tint triS clan was prepared by me or under my direct wpetissian and that I am a duly Registered Prof anal Engineer ceder the laws of the state of Minnesota Date: sf dote Reg No 4tg&„ NEAL AVE N STREET IMPROVEMENTS ROADWAY MD nun EASEMENT SAP.169-111-003 FILE NO. 2019-08 7 7 RESOLUTION 2020- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AUTHORIZING EASEMENT ACQUISITIONS FOR 2019 NEAL AVENUE IMPROVEMENT PROJECT (PROJECT 2019-08) WHEREAS, by Resolution 2019-153, the City Council found the 2019 Neal Avenue Improvement Project (Project 2019-08) ("Project") to be necessary and feasible, ordered the Project, and authorized the preparation of plans and specifications for the Project; and WHEREAS, the Project will include reconstructing Neal Avenue from Boutwell Road to McKusick Road, doing a mill and overlay from McKusick Road to White Pine Way, and installing a trail along the east side of Neal Avenue from Boutwell Road to White Pine Way; and WHEREAS, it is necessary to acquire certain easements to construct and maintain the Project; and WHEREAS, the City installed public utilities ("Utilities") adjacent to the Project area, the record of the public's title to the existing Utilities corridor is unclear, and it is necessary to secure the City's right to maintain, repair, upgrade, and replace the Utilities; and WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the general welfare that the City acquire for the Project and the Utilities, those easements described in Exhibit A attached hereto ("Easements"); and WHEREAS, the City Council finds that title to and possession of the Easements is required before the Project construction can begin and before the filing of the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the City has engaged an independent real estate appraiser to provide the City with the appraiser's opinion of damages caused by the City's acquisitions of the Easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. That the acquisition of the Easements is necessary and for a public purpose in furtherance of the Project and to secure title to the Utilities corridor; 2. That the proper City officers and agents are authorized and directed to acquire the Easements needed for the Project and the Utilities by voluntary negotiation and, if necessary, through the exercise of the power of eminent domain; Resolution 2020- Page 2 of 9 3. That the proper City officers and agents are authorized and directed to make offers of compensation for the Easements consistent with the independent appraisals, and to attempt to negotiate the voluntary acquisition of the Interests; 4. That the law firm of LeVander, Gillen & Miller, P.A., is authorized and directed to take all steps necessary on behalf of the City to acquire the Easements through eminent domain if they are not timely acquired by voluntary negotiation, including filing an action in eminent domain and using the quick take procedure under Minn. Stat. § 117.042; 5. That the City Engineer is authorized to approve the appraised values for the Easements if he determines that the independent appraisals adequately reflect the fair market value thereof for the purposes of Minn. Stat. § 117.042. Adopted this 19th day of May, 2020. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Resolution 2020- Page 3 of 9 EXHIBIT A EASEMENTS TO BE ACQUIRED (attached on the following pages) Resolution 2020- Page 4 of 9 Parcel 1: PID No.: 20.030.20.33.0028; Abstract Property Street Address: 8005 Neal Avenue North, Stillwater, Minnesota 55082 Legal Description: That part of the South 110 feet of the SW 1/4 of the SW 1/4 of Section 20, Township 30, Range 20, lying Westerly of Sunset Ridge Estates, Washington County, Minnesota. Resolution 2020- Page 5 of 9 Sketch of the Acquisition: 33' MISTING R.O.W 14' ROADWAY EASEMENT 33'TLi OR&kW E IWEhSEME7lr 24.11' TRAIL, uWW1'ADRAMAGE EASEMENT 1 SECTION 2q WEST SECTION LINE I EXISTING EDGE -�J-' OF PAVEMENT Neal Ave. 14 EXISTINGI MANHOL 1 I I I , 8005 ij L `TAX LOT LIN PROPOSED FACE OF CURB EASEMENT ACQUISITION 8005 Neal Ave. (Ustipak) Section 20 Township 030 Range 020 PT SW1/4-SW1/4 BEING THAT PT OF THE S 110FT OS SD 1/4-1/4 LYING WLY OF SUNSET RIDGE EST Roadway Easement West 14 feet 1,540 square feet Trail, and Drainage Easement P North 86 feet of East 13 feet of the west 27 feet, 1,118 square feet • Trail, Drainage and Utility Easement South 24 feet of east 13 feet of west 27 feet 312 square feet Utility Easement East 33 feet of the west 60 feet 3,630 square feet °1111-)TNI IIRTN►LACE SF ■I■ Resolution 2020- Page 6 of 9 Parcel 2: PID No.: 20.030.20.33.0027; Abstract Property Street Address: 8031. Neal Avenue North, Stillwater, Minnesota 55082 Legal Description: That part of the North 136.00 feet of the South 246.00 feet of the SW '/4 of the SW '/4 of Section 20, Township 30, Range 20, lying Westerly of Sunset Ridge Estates in Washington County, Minnesota. Resolution 2020- Page 7 of 9 Sketch of the Acquisition: EASEMENT ACQUISITION 8031 Neal Ave. (Hapness) i1_.- a Section 20 Township 030 Range 020 SW1/4-SW1/4 BEING THAT PT OF N 136FT OF THE 5 246FT OF SD1/4-1/4 LYING WLYOF SUNSET RIDGE ESTATES Roadway Easement West 14 feet 1,904 square feet Trail, and Drainage Easement East 13 feet of the west 27 feet 1,443 square feet Utility Easement East 33 feet of the west 60 feet 4,488 square feet Trail, Drainage and Utility Easement South 25 feet of the north 40 feet of the east 13 feet of west 27 feet 325 square feet WupLacr.FuI, tN■ ■1 Resolution 2020- Page 8 of 9 Parcel 3: PID No.: 20.030.20.33.0026; Abstract Property Street Address: 8075 Neal Avenue North, Stillwater, Minnesota 55082 Legal Description: That part of the North 114.00 feet of the South 360.00 feet of the Southwest 'A of the Southwest 'A of Section 20, Township 30, Range 20, lying Westerly of Sunset Ridge Estates, Washington County, Minnesota. Resolution 2020- Page 9 of 9 Sketch of the Acquisition: ECTION 20 WEST LION LINK 1 4 80.91 Neal Ave r 1 r L_ TJ.+NG ?RAMAGE EANEMI Ni>\ r---� 8075 `TAX LOT LIN EWER — if EASEMENT ACQUISITION 8075 Neal Ave. (Galowitz) Section 20 Township 030 Range 020 SW1/4-SW1/4 BEING THAT PT OF N 114FT OF S 360FT OF SD1/4-1/4 LYING WLY OF SUNSET RIDGE EST Roadway Easement West 14 feet 1,596 square feet I Trail, and Drainage Easement r fr East 13 feet of the West 27 feet 1,482 square feet Utility Easement East 33 feet of the west 60 feet 3,762 square feet (silTM& BIf TA►LACf Of ■1 The Birthplace of Minnesota 2019 PERFORMANCE MEASUREMENT REPORT FOR THE CITY OF STILLWATER May 15, 2020 The City of Stillwater Strategic Plan goal of Developing Organization Excellence includes an action item to participate in the State of Minnesota Performance Measurement Program as established by the State Council on Local Results and Innovation. Participation in the program requires reporting the results of a minimum of ten performance measures (as developed by the State) to the Office of the State Auditor annually. The City of Stillwater has chosen the measures in the areas of general, police, fire, and streets performances. The City of Stillwater has chosen 11 of the performance measures. General Measure • 51% of residents rate Stillwater as an excellent place to live (2019 survey results). • Percentage change in taxable property market value O 2018 - 6.92% O 2019-6.12% Moody's Bond Rating O 2018 - Aa2 O 2019 - Aa2 Fire and EMS Measure • 80% of residents feel the Stillwater Fire Department's service is very good to excellent (2019 survey results). • Insurance Service Office (ISO) rating of 4 • Fire call per 1,000 population O 2019 - 21 • EMS calls per 1,000 population O 2019 - 51.95 Police Services Measure • 61% of residents in Stillwater rate the service from Police Department as positive (2019 survey results). • Part I Crime Rates o 2018 - 873 o 2019 - 1,431 • Part II Crime Rates o 2018 - 2,979 o 2019 - 2,924 • Part I Crime Clearance Rates o 2018-25% o 2019 - 20.7% • Part II Crime Clearance Rates o 2018 - 57% o 2019-54% Streets • 61% of Stillwater residents rate the overall quality of Street Maintenance as good and 50% feel the sidewalks are in good condition (2019 survey results). • Average city street pavement condition rating o 2019 - 6.72 RESOLUTION NO. APPROVING PARTICIPATION IN MINNESOTA PERFORMANCE MEASUREMENT SYSTEM PROGRAM WHEREAS, in 2010, the Minnesota Legislature created the Council on Local Results and Innovation; and WHEREAS, the Council on Local Results and Innovation developed a standard set of performance measures that will aid the residents, taxpayers, and state and local elected officials in determining the efficacy of cities in providing services and measure residents' opinions of those services; and WHEREAS, benefits to the City of Stillwater are outlined in MS 6.91 and include eligibility for a reimbursement as set by State Statute; and WHEREAS, any city participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, the City Council of Stillwater has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes. NOW, THEREFORE, BE IT RESOLVED, that the Stillwater City Council will report the results of the performance measures to its citizens by the end of the year through publication, posting on the city's website, or through a public meeting at which the city budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED that the City Council of Stillwater will submit to the Office of State Auditor the actual results of the performance measures adopted by the City. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of May 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk FYI PROPOSED REFRESHMENT ZONE AND FOOTPRINT EXPANSION Tony Misenor — No NeckTony's Brad Glynn — Lift Bridge Brewing Robin Anthony — Chamber of Commerce TABLE OF CONTENTS • Introduction • Issues Refreshment Zone Examples Footprint Expansion Business requests Signed Conclusion INTRODUCTION Downtown Stillwater has a vibrant and some of the finest bars and restaurants anywhere in the Midwest. Closing this section of the industry has been a tremendous blow to the local economy, creating a steep decline in tourism and unemployment among so many Stillwater residents who work in the restaurant industry. Restaurants also contribute a large amount of money and services for the Stillwater area organizations and non -profits. As we navigate into the post-Covid world, where it appears social distancing practices will be required, there will be many challenges for success of this prominent part of the local economy. INTRODUCTION CONTINUED The Stillwater bar and restaurant industry is so unique because of the variety of experiences they offer. Many have a comfortable small town bar feel, while others have a bustling metropolitan energy. There are a few common qualities, however, such as smaller footprints / lower capacity ranges, lack of onsite parking lots, lack of large patio spaces, the physical challenges of 19th century architecture and construction, and connection with sidewalks and the parks along the river. ISSUES Once the stay -home directive ends on June I st, most will be allowed to open at half or 25 % capacity under safety guidelines and small social gatherings with 10 or fewer people. This lower capacity will add additional hardships that most small businesses downtown cannot handle. Without proactive helpful measures, some businesses could be incentivized to break guidelines and give Stillwater bad press. See WI opening. ISSUES CONTINUED Safety and Enforcement Is Next to Impossible: Clearing tables just got riskier: what if guests just won't leave, so that capacity restrictions can be maintained? How does that work, exactly? How about in between courses, while waiting for drinks or appetizers: will patrons be asked or expected to keep their masks on? Partial Capacity Crushes Profitability: Working with a skeleton crew (what's been working so far for curbside service) isn't the profit model when bar backs and servers return to the front Iines.Welcoming patrons inside requires additional staff - and the new normal requires new safety measures. Does that mean additional hiring? The math doesn't make sense; revenues and profits are both taking a massive hit. For servers, 25% capacity might mean 75% less shifts. Or the same amount of shifts, but only 25% of tips. Meanwhile, 100% of the rent, utilities and other expenses are due and payable - in an industry that's already tight on margins. Is that a sustainable model for workers, or business owners? ISSUES CONTINUED Tightening the Noose: small business owners will see little relief once the option to open is open for restaurants. Landlords who might have considered reduced rents or some form of forbearance will have no reason to ease up on overhead. If the business has some form of insurance, that claim will be denied - because the business isn't experiencing an interruption, now that sanctions are Iifted.That's not a good recipe for owners - or their employees. REFRESHMENT ZONE In order to comply with regulations as well as remaining a viable business in Stillwater, the restaurant and bar owners would like to propose several key initiatives that the City of Stillwater could pass for the benefit of the industry. These items are a lifeline for the restaurant industry, the tourism industry, and the hundreds of unemployed industry workers. Furthermore, Stillwater has the opportunity to continue its track record of being one of the best small towns in America and providing residents and visitors with unique experiences while being health conscious and responsible. REFRESHMENT ZONE CONTINUED Creation of "Refreshment Zone" for enjoying take out food and refreshments. Some downtown areas, i.e. city parking lots or private parking areas, or specific park areas could be delineated and designated as "Refreshment Zones" for to -go food and beverage consumption areas, including alcohol. Rules to regulate to -go alcohol would be clear. As an example, only I drink (up to 1 6oz alcoholic beverage) in a clear recyclable plastic cup may be purchased to -go and consumed in the designated consumption area. Customers may not bring alcoholic drinks purchased from other establishments into an establishment, thereby maintaining a given bar's right to refuse service and make sure customers are consuming alcohol responsibly. City would designate the "open container boundaries", i.e. Nelson Ave southern border, 3rd Street western border, Mulberry northern border, and the river eastern border. Any consumption outside of this area would result in potential fines. All other compliance ordinances for littering, public intoxication, operating motor vehicles under the influence, etc... would remain in place. REFRESHMENT ZONE CONTINUED There are numerous other cities and districts that do this to the benefit of the entertainment districts. It appears most have rules about plastic cups and charge something for these to offset cost of extra containers and trash pick-up, like $1 per cup. Stillwater does currently have a simple process to allow alcohol consumption in parks and do not know of any times in the last 20 years that has been "abused". EXAMPLES Here are a couple interesting communities that set up downtown districts for enjoying to -go food and drinks: Middelton, Ohio: pop. 481< http://www.downtownmiddletown.org/designated- outdoor-refreshment-area-middletown-ohio/ Canton Ohio: pop. 701< https://www.downtowncanton.com/dora-refreshment- area/ Mobile,Alabama: pop. 195k Two entertainment districts with similar rules; here is the actual ordinance that passed: http://www.downtownmobile.org/uploads/pdf/entertainment_district_ord in ance_and_amendment_copy.pdf EXAMPLES This is a good article and the point being, let's not treat every citizen as if they are "a potential riotous drunk". https://www.rstreet.org/2017/09/ 18/h-street- festival-is-a-perfect-example-of-why-cities-should-ease-open-container-laws/ FOOTPRINT EXPANSION Grant temporary extension of premise to bars to create temporary patio spaces with existing land or existing parking spots onsite. Example beingWhitey's parking spots behind it on the alley side. Potentially also parking spots in front of the business if they are not doing Curbside to -go. Regulations would be agreed on for clear barrier of footprint. Allow restaurants to keep 1-2 spots in front of the business for Take-out / Curbside to - go. Many have developed this strategy and been proficient at it. This allows residents that want to remain isolated to still enjoy their favorite food experiences. NO NECKTONY'S Requesting 3 spots in front of No NeckTony's 2 spots for a patio space spot for loading and unloading zone Will not block sidewalk See attached plans Hastings MN is working on the same concept NO NECK TONY'S EXAMPLE 1 o NO NECK TONY'S CONTINUED Upper picture: White car spot and empty spot for expanded patio. Lower picture: Black car spot for loading/unloading zone. 1 WATER STREET INN • Use the Parking Lot to the East of us and / or Water Street that would be great. • Will not impede traffic ew History Bookmarks Window Help google.com ?,s, traffic and nearby places S. V ti Stillwater Antiques Mall 1 JJ Nail & Massage Stokes Jewelry Seerrvi ggity Consultants 5izza. . I ne POIe Oarn Jsuui ikeout r. • River City Antiques Shirt Factory '-•�®. o f Ame riCa hr• of America Leo's Grill & Malt Shop • Ziggy's Street Food Takeout • Delivery `• - & Mu'sie • ' g 4 . mu `st T kep„ .1. i Cher . 'tP Stillwater Cocktails Corporate Offices ' Lowell Park Gazebo Tuk TukkW' bo Hoo • . _ cu .01 w j tp - • a Imagery ©2020 Mazer Technologies, Map data 02020 United States Terms Send Notes * Comments WHITEYS • Fence off back parking lot for extended patio. • 2 parking spots on Olive street for take out orders. dit View History Bookmarks Window Help h Google Maps travel times, traffic and nearby places ♦ The Grand Bang k .. Grand Pizza Takeout • Delivery ui c I j :> 44 U Fri 11 google.com Ci thicoa Gothic Antia Whitey's Bar. Takeout Tremblays Sweet Shop Mon Petit Cheri Takeout •� 'I Nacho Mamas. ; j Takeout , ili•ice _ 1 LoLo Ame Kitchen--a� Takeout Ne\sor p11e`l The T.ilteii T ki Tropical 117Nme ���Map data 5)2020. Map data ®2020 United States WHITEYS CONTINUED SIGNED Joe Ehlenz, Lolo and Lolito John Koch, Portside and Something Pasta Mark Hanson, Marx Jeff Chilson, Mad Capper Kevin Dunn,Whitey's Paul Larson, Quickfire Pizza Nick Dodge, Brian's and Matchstick Matt McGough, Freight House Tim Brown, 3rd Street Post and Harbor Bar Chris Goetzke,The Tilted Tiki Sherri Hopfe,The Dock Cafe Tony Misenor, No NeckTony's Chuck Dougherty,Water Street Inn and Charlie's Pub Ryan Marsh, PD Pappys Craig Beemer, Oasis Cafe Rich Hoch, Domacin CONCLUSION Not every local business is listed here submitted ideas, this does not mean they are not in need of assistance. They are relying that the city will help offer some relief in this crazy time. Some will benefit with expanding their footprint, Some will benefit form dedicated spots for take-out and all should benefit from the designated Refreshment Zones. 2353 Croixwood Blvd. Stillwater, MN 55082 May 10, 2020 pis tbi Mayor Ted Kozlowski 216 N. Fourth St. Stillwater, MN 55082 Dear Mayor Kozlowksi: Thank you for your service and leadership to the city of Stillwater. I am sure that it has been unusually difficult during these pandemic times and I appreciate your efforts to lead our city through them. I am writing to ask you to open the playgrounds for the children of our city. My first reason for asking you to do this is that these are safe places for children to play. Viruses do not last long in the sunlight and furthermore are weaker in these warmer months. Allowing children to play at the parks lets them be active in a safe place. Second, I think you should open the playgrounds to the children of Stillwater because being outside in the sun and being active help build their immune systems. Parks are on of the best places for active play, especially for younger kids. Building their immune systems in this way will help them be strong to fight whatever sickness comes their way, including COVID. My third reason is that the people of Stillwater are responsible enough to handle decisions about being at a park. We can make wise decisions and should be allowed to do so as citizens of the United States. A simple sign posted at the park reminding people of the CDC guidelines to social distance would be sufficient. I have seen this done successfully at other parks in other nearby communities. I appeal to you to not waste this spring and summer months for our children. Please open the playgrounds by the end of May. Sincerely, 4/1„,,o( _4 fiG4.4-uw,vi- Volk, Shad and Elisabeth Vork Stillwater/Oak Park He i hts Convention & Visitor Bureau DiscoverSti I Iwater.com Annual Report to the City, April 2020 Mission & Board limbers BOARD OF DIRECTORS: President Vice President Treasurer Secretary Chuck Dougherty, Water Street Inn Heidi Rosebud, Just for Me Spa Tim Balstad, Lowell Inn Larry Loyer, Rivertown Inn The MISSION of the Stillwater and Oak Park Heights Convention & Visitor Bureau is to increase the economic benefit of tourism with an emphasis on overnight stays. VOTING BOARD MEMBER SEATS (12): • Oak Park Heights (Large/Small Lodging Property 1. Chuck Dougherty, Cover Park r• anor • Stillwater Small Lodging Property 1, Heidi Rosebud, Just for Me Spa Homes 2, Larry Lr Rivertown Inn 3, Sara Jes rsan, Meadowlark Cottage • StillwaterfOak Park Heights Large Lodging Property 1, Rachel Jensen, Lora 2. Nikole Dietherk, Hotel Crosby 1 Tim BalstadLowell Inn 4. OPEN SEAT 5, OPEN SEAT • Stillwater/Oak Park Heights Tourism Business (Restaurant, Bar, Shop, Attraction, Venue) 1, OPEN SEAT • MainStreet Stillwater Independent Business Association (IBA) 1. Sherri Ho a President & Dock Cafe • Greater Stillwater Chamber of Commerce 1, Robin Anthony, Executive Director ASSOCIATE MEMBERS: • City of Stillwater, MN 1. Mike Pol ehna City Council • City of Oak Park Heights, MN 1. Mike RRuunk, City Council CUB CONTRACTOR: Fresh Avenue Marketing Christie Rosckes, Marketing Director info@discoverstillwater.com (Christie) 651.351.1717 651.247.3963 (cell) Jen McCormick, Marketing Assistant jen@discoverstillwater.com 551.491.5342 (cell) Annual Report to the City, April 2020 Stillwater Tourism Economy r Tourism Tax Revenue Accounts for... 18% of Minnesota's Tax Revenue 20% Washington County's Tax Revenue 30% Stillwater's Tax Revenue TOURISM IS LARGEST INDUSTRY IN STI LLWATE R ! *Source: MN Dept. Revenue. Sales and Use Tax data (2017cty, 2016 city) YU Mf;V:27A! Yp NHESp 567404 4 1#00� f1 A .,1 S625 73MILLION Mrn� wd„d„„m �'Y�~,� $ E OR AFSPEF 61NS iY ++�. ......r .�� dSEASOF Annual Report to the City, April 2020 B4pnl4.diSC.0.401,0814, C0m .:<cimwAtp to St41tAt: SPrmg Cheese and Chocolate Tourism Marketing Strategic Plan ro sewn me event maven our calendar STILLW 111 THINGS T``ODU: .864 irfSC(4A1 la &waled G DINING sNIGHT LIFE BOLN-IQUES EVENTS THINGSToDO GPMPS MEETINGS WEDDINGS • B. ME- )ono o.•ws STILLWATER WELCOMES YOU! guide ea sdffiNNter.:K Tam Discover Stillwater... the184-8 Birthplace of Minnesota located on the scenic St. Croix River! A place where authentic paddle wheel riverboats and gondolas glide the waters. Historic Main Street shopping, dining, lodging and entertainment are yours inside this charming river town where time stands still in the valley. See what's new and explore the m a ny things to do in Stillwater, M innesota! Enjoy Stillwater tourism in all four seasons._. The robust colors of the bluffs in the fall and crisp flavors of winery and brewery harvests. Winter days showcasing holiday boutique shopping, ski trails romantic winter escapes, and warm retreats Spring flowers blooming in the parks and along the bike trail. Warm Summer air welcoming outdoor festivals boating patio dining and historic sightseeing_ Yes, welcome to beautiful Stillwater minutes from the Twin Cities Min n eapolisiSt. Paul and Wisconsin border. Our bed and breakfasts, historic inns, boutique downtown hotels, and vacation home rentals await your visit. Feel inspired in this historic yet vibrant rivertown. Stillwater, Minnesota has been voted as: America's Most Picturesque Small Towns, Best American Town s for Fall Colors, Best U.S. Towns for A nt iq u in g, Best Twin Cities Day Trips, Best Minnesota Weekend Getaway, America's Prettiest Painted Places, and Most Romantic Cities. Stillwater is also located on the National Scenic St. Croix Riverway St. C roix Scenic Byway, and National Register of uic+r.,-, DIornc Live View of Stil water 'Begtte4l a VISITOR GUIDE COVID-19 Updates!! 1"linter Romantic.._ -arm f t .14 CHECK OLIT OUR C001'Dea l! `iequedf 7RAVELTIPS E-NEWS EVENT 4A11Yfldi!! J Our MISSION Tourism Marketing = Overnight Visitors ✓ Annual Advertising Campaigns to three markets: Leisure, Business, Wedding ✓ DiscoverStillwater.com Resource ✓ Monthly Travel E-newsletter ✓ Daily Social Media Content/Engagement ✓ Publish & Distribute Official Visitor's Guide/Map ✓ Travel/Event Planning Assistance ✓ Media Relations 2019 Lodging Tax Revenue by Quarter Jan/Feb/Mar April/May/June July/Aug/Sept Oct/Nov/Dec Annual Report to the City, April 2019 STialAETRER = OF MINNESOTA $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $- CVB Lodging Tax Revenues by Year � $173,720 $174,161 $178,755 • $150,287 $151,662 86% Increase $236,596 $234,725 $223,864 $207,632 $192,527 $268,858 $323,472 20%T 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 H1111Udl Report. LC) lilt LILy, H1.J111 LULU CVB Lodging Tax Revenues by % Increas' $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $- 60%T 2011 2012 2013 2014 24%4 2015 2016 2017 15% stillwatei 2018 VISITORGUIDE sniiW�r�a. 2018 2019 11IIWetkf/Gek Perk N•Ppllea Cenw�� ry Vki[ar kureou STIL[WATER Annual Report to the City, April 2020 DiscoverStillwater.com Analytics All accounts > http:llwww_discoverstill._. www.discoverstillwater.coni - BETA :Is Audience Overview e 0 All Users 100.D I%Users Overview Users + VS_ Select a metric • Users Try searching "How to create an event" +Add Segment • New Visitor • Returning Visitor • B SAVE k D(PI Jan 1,2019- Dec 31, 2019 Hourly Day Week Month February 2019 March 2019 April 2019 May 2019 June 2019 July 2019 I August 2019 September 2019 October 2019 November 2019 December 2019 Show all X +'atef/Gak Perk HeIIMIK w�t4 V&l[areureou Annual Report to the City, April 2019 Influence Stats 1. DiscoverStillwater.com 1 Million Annual Page Views: 350,000 Annual Users 2. Facebook: 37,000 3. I n sta g ra m: 13,000 4. YouTube Channel Views: 134,628 5. E-newsletter Subscribers: 37,805 6. Visitor Guides Distributed Annually: 70,000 7. 360 Venue Tour Views: 2 Million Annual Report to the City, April 2019 Official Visitor Guide & Map TMNG510D0 LODGING �I ��pUpANTS s0U11QUeolsv ar t.>:� EVEN('S torts �`R wAUGNGrO`[a QWHAT'S NEW'• osroale VISIT ND. SEE VISITYEgR'R'Qu m plscover5t111Water.co OFFICfiA `VIS#TOF(GU#DE'42 co- 4r� 0 fr. •° ., ] IDSi �+ . o 1 annela 0 N. 00 0 • -- art . VISIT YEAR-ROUND. SEE WHAT'S NEW! DiscoverStlllwater.corn 8 ii.r.*41P#r .7huawefomR .`dkirrci 75 1 wIBY': dowar no Mlrrspr� o.41110 • as fit eikiHRACC 4;30 MwHl10FiL '!!`-` Anil En OY• - . r.- L-- - --- o _• 1 e $ w++ 0 , ��., L �_ a e � SillIW�TE� er', e E ® 09 e® !' sf 0� L 0 ® -a l ■ o Annual Report to the City, April 2019 20/0 Marketing Plans 4 CONNECT PEOPLE TO PLACES Google Ads MADDEN /C StarTribune Geo-Fencing, Email LAVENDER m exPLoRe MINNeSOTA Go gle Street View ® STILLWATER SIRTHPIL ACE OF MI NNESOTA Event Sponsorships/Blogs/Social f<ARE 11111a Clear Channel Outdoor PREMION ONE SOLUTION EVERY ADVANTfGE_ Linked in Annual Report to the City, April 2019 Advertising Samples 4 Discover Stillwater Sponsored a+ WinterAdventure Awaits in this Romantic Getaway in Stillwater, Minnesota DISCOVERSTILLWATER.CCM C Romantic Getaway airk 4711. am STILLWATER tY1 f CO V Eit Sop�a a 87w47-E "R. CpM Winter Getaway BIKETRAILy UvLq_ ST. CROIX RIVER LEARN MORE NEW BIKE TRAILS f-BIKE RENTAL ORDER EIKE TRAILS MAP & LEARN MORE jorwtt STILLWMTfR disooverstinweter Lone dentine In stlllweter inn View Insights w `ii Liked by JortantUune ens others M Feeling r the lave this onoweek? o We hope you have made reservations et realeurants/puba downloWn Stillwater ono p} $0 star to... ENTER TO WIN A WINTER STAY r SILLIII�TER 10+ VENUES TDU. DISCOVERR= STILLWATER EINTNEL ACE OF MINNESOTA VOTED ONE OF AMERICA 5 MO5T PICTURESQUE TOWNS! D i sc ov erS t i l l w a t e r.c o m Annual Report to the City, April 2020 Content Our video ' advertising CTR Exceed Industry Standards! Facebook: 89.78% opommi j - Reading Couples Aide — Winter Thrills in Stil (water - In collaboration with Liz Westerhaus cf This Minnesota Life Winter in Minnesota spans about HALF of our year (a truth we still have a hard time accepting). But that doesn't mean we have to retreat to our homes until it's gone_ Winter in the valley is a GREAT time to explore the outdoors and uncover... Continue Reading Fireplaces & Cozy Suites of Stillwater, Minnesota - Browse these photographs or inspiration for your winter getaway. You can find links to all places to stay here. Book your stay soon to enjoy the true beauty of this winter snow covered historic rrvertown with twinkling Main Street lined of warm shops, pubs, and restaurants. Find fun events, workshops, or live music to attend... Continue Reading Win er Trails to Enjoy in the St. Croix Valley - In Collaboration with L z Westerhause of This Minnesota Life Pine Point Park Cleaning up after the chaos of Christmas is a welcome reprieve, greeting the New Year with a fresh start and pine -needle free floors. But the packing up of ornaments and the laborious drag of the tree to the curb seems to take with... Continue Reading Four Culinary Stops to Make You Crave Stillwater - Photography by The Culinary Portfolio(best viewed on mobile) Let this carousel of culinary photos ignite your taste buds. Here are four downtown Stillwater, Minnesota restaurants with completely different vibes and a variety of menu items and drinks for you to scroll. With over 30 restaurants downtown, you are destined to crave Stillwater and discover a... Continue "amp Girlfriend Getaway to St.. Find Winter Wellness in Stillwater - I n Collaboration with Liz Westerhaus of -hisMinnesotaLife I recently he say "Winter is where wellness is made." I'd never that way. Like many, I've habitually used the long winter in the Midwest as an excuse to hide behin in hibernation mode until the first signs of Sprint Reading Top 10 Choices for Outdoor Eating in Stillwater, MN. Published ]ulY S,2019 L In roils boration mIh KeliieBellie Kitchen )20 ,�,W n inthe C• offee Shops of Stillwater ►arrgx ' 4 ttgw•• • COVID-19 Respons Discover Stillwater Published by Christie Rosckes I zl March 26 0 While it may feel like the announcement from the Minnesota Governor means we can't do much, here's a few ways to still have fun within the guidelines and support local businessesl DISCO V ERSTI LLLSATER.CO 1.1 13 Things to Do in Stillwater, MN during the Pandemic - Discover Stillwater 41.006 People Reached 00 125 3,535 Engagements Baoat Paal 20 Comments 95 Shares The 13 Things to Do in Stillwater during a Pandemic blog had 6800 views so far on our website and reached over 40,000 in 24hrs on Facebook. �D 15 C C V E R— STIIIWATER eIRTHPLACE OF M1NNES17)TA v,ow Insights I n anchs te^tn a i tue �� Liked Y t1eV 1 Yeu��eed aam0 ant of dlsooverat1110.j t o�ias ` Ot patV(a in Paace WortdIASS Annual R 3,05 u y s ..ujJu (ys TiCurbside Pick-un/Deliverv° Fine & Casual Dining Coffee. Candy Ice Cream. & Ouick ategt Nightlife & Live Muss.; STILLWATER DINING MAP- CLICK ON ICONS FOR NAMES Map Satellite melt mngt fl Go gin 4/ Created 3 new sections on the website. 3:04 ri ALM • StIILWATER NLL �k E � .Tw!L oP JEoR BOUTIQUES MEN.. v LOCALLY MARE PR ILICTS 0.\''s\k Use your mouse to navigate the interior of each space and the menu to go between roams or levels or link to their website for more information. 20+ VENUES! ;11) Share Highlight Mare Continued to grow social media followers with inspiring messages and images. 3'.25 3:30 STILLWATEIT BIRTHPLACE pl. HiNNEBOT• BOUTIQUES MENU Mr ONLINE STORE AVAILABLE Po sts All W 30days - Reach ON THE BEAUTIFUL ST. CROIX RIVER We are honored to promote this town! AM 3:04 .1 • rluWm CENT MARKETING ASSISTANT ,4( it CHRISTIE MARKETING DIRECTOR Share Highlight More Annual Report to the City, April 2019 STILLWATER Washington - — County BOARD AGENDA May 12, 2020 - 9:00 AM 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 Because of the COVID-19 Pandemic and Emergency Declaration declared by the Governor of the State of Minnesota and Declaration of Local Emergency issued by the Washington County Board of Commissioners on March 17, 2020, the County Board will not be conducting the meeting at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater MN. Instead, some County Board members will participate by telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. Members of the public can view/monitor the meeting electronically from a remote location via live web stream. Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration@co.washington.mn.us or by telephone at 651-430-6001. Any comments or concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. 1. 9:00 Roll Ca11 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. 9:15 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 a Land and Water Legacy Program conservation easement for the Goodwin property in Stillwater Township. B. Approval of an application for renewal of an On -Sale and Sunday Liquor License for Cenco Farms Inc., Afton Apple Orchard, in Denmark Township located at 14421 S. 90th St., Hastings MN. C. Adopt a resolution providing a favorable recommendation to the Department of Revenue for conveyance of tax forfeited land to the City of St. Mary's Point by conditional use deed. D. Adopt a resolution for the sale of tax forfeited lands for an authorized public purpose to Washington County Community Development Agency. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County Consent Calendar continued E. Award the bid and authorize execution of Contract No. 13413 in the amount of $118,020 with Traffic Marking Service, Inc. for latex pavement marking striping on various county highways and local streets within Washington County during the year 2020. F. Approval of Cooperative Agreement No. 13405 with the South Washington Watershed District to control Buckthorn re -growth and reduce the abundance of Garlic Mustard in order to establish native plants that hold the soil and support wildlife species. 4. 9:15 Public Health and Environment - Director Lowell Johnson and Sheriff Dan Starry A. Adopt a resolution to recognize May as Mental Health Month in Washington County. 5. 9:25 Public Works - Don Theisen, Director A. Adopt a resolution of support to submit Regional Park System addition and adjustment proposals to the Metropolitan Council. B. Award bids in the amount of $2,810,112 for the Cottage Grove Ravine Lower Landing Facility project. 6. 10:10 General Administration - Kevin Corbid, County Administrator A. Update on county response to the COVID-19 Pandemic and consideration of potential board actions. B. State and Federal Legislative Update 7. 10:40 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. 8. Board Correspondence 9. 10:55 Adjourn 10. 11:00 Board Workshop with Administration A. Review of 2020 county operating budget. 11. 11:45 Finance Committee Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer