HomeMy WebLinkAbout2022-06-21 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666
and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16.
Public comments can be emailed to stillwater@ci.stillwater.mn.us
REVISED AGENDA
CITY COUNCIL MEETING
June 21, 2022
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. RECOGNITIONS OR PRESENTATIONS
1. Council Service Awards for Commission Members – Kimberly Pavek (Charter Commission) and
Todd Meyhoff (Planning Commission)
V. OPEN FORUM – open forum allows the public to address Council on subjects which are not part of the meeting.
Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less.
VI. STAFF REPORTS
2. Public Works Director
3. Police Chief
4. Fire Chief
5. Finance Director
6. Community Development Director
7. City Clerk
8. City Attorney
9. City Administrator
VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no
discussion. Anyone may request an item to be removed from the consent agenda and considered separately.
10. June 7, 2022 regular and recessed meeting minutes
11. Payment of Bills
12. Amendment to Liquor Licensing Ordinance – Ordinance 2nd Reading
13. Appointment to Downtown Parking Commission, Planning Commission and Utilities Commission
14. City Hall Stair Repair Phase 2 Project Agreement
15. Curve Crest Striping
16. Fee Schedule Amendment for Small Brewer Off-Sale License – Resolution
17. Gambling Premise Permit at Acapulco Mexican Restaurant – Resolution
18. Gambling Off-Site Permit for Bayport Legion at Lumberjack Days and Harvest Fest – Resolution
19. McKusick Lake Boardwalk Repair Project Agreement
20. Physical Activity Policy – Resolution
21. Roll-off Hauler License for Dem-Con Dumpsters LLC
22. Sanitary Sewer Rate Adjustments
23. Separation Agreement
24. Small Brewer Off-Sale License for River Siren Brewing Company
25. Watermain Break Patching
26. Wine with Strong Beer Liquor License for Boundary Stillwater – Resolution
27. Lumberjack Landing Purchase Agreement Amendment #1
Page 2 of 2
City Council Meeting Agenda
June 21, 2022
VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less.
28. Request to vacate portions of the public drainage and utility easements located on 602, 604 and
606 Heritage Place. Notices mailed to residents and published in the Stillwater Gazette on June 3,
2022 – Resolution
IX. UNFINISHED BUSINESS
29. Short Term Home Rental Regulation Amendments – Ordinance 2nd Reading
X. NEW BUSINESS
30. 72nd Street Improvement Project Authorize Feasibility Report – Resolution
31. Mid Oaks Lift Station Project Approve Plans and Specs and Order Ad for Bid – Resolution
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
Page 1
CITY OF STILLWATER LIST OF BILLS
Advance Auto Parts Equipment repair supplies 928.61
Advanced Sportswear Polos 236.00
All American Arena Products Rivets 93,130.00
Amano McGann Inc Ticket rolls 340.00
American Flagpole & Flag Flags 598.00
Art Reach St. Croix St. Croix Jazz Orchestra 3,000.00
AT&T Mobility 8509 Cell phone 76.88
Axon Enterprises Camera equipment 24,287.99
Backgroundchecks.com Background checks 144.60
Barber Paul Neil Live music show July 4th 6,800.00
BerryDunn Consulting services 19,750.00
BlueCross BlueShield of MN Inc. Retiree Health Insurance 20,193.24
Brighton Sandblasting Sandblasting 3,500.00
Bryan Rock Products Inc. Riprap 361.68
Buberl Black Dirt Inc. Black dirt pick up 128.00
Canteen Refreshment Services Concession supplies 126.30
Century Power Equipment Equipment 1,514.04
Cintas Corporation Uniform cleaning service 539.02
CivicPlus HR Software 7,376.91
Computer Integration Technologies IS Developer 92.50
Cornerstone Land Surveying Land surveying 1,650.00
Cub Foods Grocery 57.13
Cummins Sales & Service Vehicle repair 3,140.43
Dads Plumbing Repairs 435.00
Dalco Equipment repair supplies 3,056.29
Dehn Oil Company Dyed Diesel 1,485.00
Dell Marketing L.P. Computer equipment 5,235.68
Diverse Construction Services LLC Fabrication & install gutters 12,400.00
ECM Publishers Publications 57.00
Emergency Apparatus Maintenance Vehicle repair 6,141.71
Emergency Automotive Equipment 904.60
Enterprise FM Trust Lease vehicles 13,300.44
FinnlyTech Inc Digital display 8,243.00
Flexible Pipe Tool Co. Supplies 2,585.00
Forestry Suppliers Inc. Supplies 235.48
Freds Tire Company Tube 32.99
Grainger Supplies 1,591.78
Guardian Supply Uniforms 2,094.68
Gulden Ron Reimburse for plants for Lowell Park 168.71
Hawkins Inc Supplies 2,013.46
Hudson Rod Gun & Archery Club Range use 200.00
Hugo Equipment Company Equipment repair supplies for chain saws 118.15
Intoximeters Equipment repair charges 183.60
Kath Companies Hydurance drum 585.00
Kirvida Fire Inc. Vehicle repair 540.02
Kwik Trip Inc Fuel 209.85
Lawson Products Equipment repair supplies 22.24
League of MN Cities Harassment Prevention 20.00
League of MN Cities Ins Tr Workers Comp & Municipality Insurance 173,941.00
Page 2
Lincoln National Life Insurance Co COBRA Life Insurance 14.40
Lockridge Grindal Nauen PLLP Labor Relations 6,666.66
Loffler Companies Bond paper 46.75
Madden Galanter Hansen LLP Labor Relations Services 1,148.09
Mansfield Oil Company Fuel 4,617.09
Marie Ridgeway & Associates Mandatory check ins 1,600.00
Menards Supplies 1,401.45
Metropolitan Council Environmental Wastewater Charge 171,634.30
MHSRC/Range EVOC/PIT Refresher 455.00
MidAmerica Inc Remediation of Three Garbage Stalls & Union Alley 3,825.10
Middle St Croix Watershed WMO Lily Lake Improvement 70,000.00
Miller Excavating Millbrook West Parking Lot Project 30,998.85
Minnesota Paving & Materials Asphalt 152.32
MK Mechanical Inc Relocate MUA controls 2,700.00
MP Nexlevel LLC Locating 1,222.15
National Reprographics LLC Scans 739.20
Office Depot Office supplies 118.25
Parts Alliance North Equipment repair supplies 151.16
Per Mar Security Services Quarterly Monitoring Service 88.20
Pioneer Engineering Highlands of Stillwater 2nd Addition 500.00
Pioneer Press St. Paul 6 Mo Subscription - Joe 126.00
Pump and Meter Service Inc. Tire changer & wheel balancer 21,460.87
Riedell Shoes Inc. Skates 430.15
SBS Cyber Security Audit 19,400.00
Sherwin Williams Paint 464.96
Simonet James Refund for cancellation of memorial benches 3,600.00
Simplifile LC Filing fee 50.25
Southwind Builder Grading Escrow Refund - 7760 Minar Ln N 1,500.00
Springbrook Software Monthly UB web payments 529.00
St. Cloud State University Class registration 240.00
St. Croix Boat and Packet Co. Dock Space Lease & Dock Project 31,318.99
St. Croix Recreation Fun Playgrounds Drinking fountains 550.00
Stepp Manufacturing Co Inc Equipment repair supplies 372.94
Stillwater Collision and Mechanical Vehicle repair 4,742.35
Stillwater Towing Towing service 250.00
Sunram Construction Riverbank stabilization 481,301.59
Telemetry and Process Controls Well 12 repairs 1,868.16
Thomson Reuters Information Charges 162.86
Tri-State Bobcat Equipment repair supplies 333.18
Uline Inc Supplies 544.87
White Bear Tire & Auto Inc. Tires 391.08
Xcel Energy Energy 21,895.98
Zamboni Zamboni Ice Resurfacer 133,066.35
Ziegler Inc. Equipment repair supplies 322.81
LIBRARY
Amazon Business Supplies & materials 463.58
Brodini Comedy Magic Show Programs 250.00
Carpenter St. Croix Valley Nature Center Programs 173.76
Comcast Internet - June 188.10
Page 3
Faurot Kimberly Programs 380.56
Hunter Kurtis Programs 2,000.00
Loffler Companies Aruba Central 1,206.70
NAC Mechanical and Electrical Services Alerton System Maint Agreement 1,882.00
Rose Floral Terrace Plants 503.21
Scholastic Inc Programs 5.48
Serendipity Art & Design Programs 125.00
The Jolly Pops Programs 1,200.00
Wahoo Adventures Programs 90.00
Wendy's Wiggle Jiggle & Jam Programs 250.00
Winkler Lisa D.Advocacy Workshop 720.00
MAY CREDIT CARDS
Amazon.com Supplies & equipment 527.51
American Planning Association Job posting for Planning Manager 195.00
AnyPromo.com Give away items 519.65
B&H Photo Label printer 94.50
Best Western Kelly Inn SOTA Annual Training Conference Hotel 324.36
Cub Foods Catalytic converter event food 67.87
Docsketch Tech -Elect Signature App 96.00
Dream Host Website Hosting 21.45
Gateway Cycle Bicycles and equipment 3,414.61
Home Depot Document trash can for 3rd floor 336.57
Kwik Trip Catalytic converter event coffee 20.37
Len's Family Foods Catalytic converter event supplies 6.83
Liberty University Tuition & materials 1,739.39
Lowes Home Centers Inc. Equipment & supplies 382.23
Pioneer Press St. Paul Subscription 36.00
Post Board License renewal 540.00
Provantage LLC Drawer keys 13.25
RBT Super Store Force on Force training PPE headgear 600.00
Stillwater Gazette Subscription 57.00
Tactical Night Vision Co Replacement battery pack 375.34
MAY MANUALS
Baxter Brent & Megan E.R.Easement 4,662.00
Comcast Cable TV 1,204.91
DCA Title - Apple Valley Earnest money Browns Creek Tr acquisition 5,000.00
Postmaster Newsletter Postage 48.12
Vision Care - VSP HR Admin Fees 18.95
REFUNDS
Anderson Fred & Tracy Permit to Consume Refund 35.00
Bang Catie Permit to Consume Refund 35.00
Brummer Lisa Permit to Consume Refund 35.00
DSGW Architects Selena Perez Permit to Consume Refund 35.00
Engelmann Sarah Permit to Consume Refund 35.00
Fields Richard Permit to Consume Refund 35.00
Page 4
Gramenz William Permit to Consume Refund 35.00
Haley Chet Permit to Consume Refund 35.00
Harem Jan Permit to Consume Refund 35.00
Hillstrom Jennifer Permit to Consume Refund 35.00
Horwath Jennifer Permit to Consume Refund 35.00
Krenz Allison Permit to Consume Refund 35.00
Leininger Patrick Permit to Consume Refund 35.00
Longseth Esther Permit to Consume Refund 35.00
Madryga Natalia Permit to Consume Refund 35.00
Martinson Sarah Permit to Consume Refund 35.00
Mazzocco Laura Permit to Consume Refund 35.00
Neely Megan Permit to Consume Refund 35.00
Normann Jim Permit to Consume Refund 35.00
Olesak Anastasia Permit to Consume Refund 35.00
Pagel Zac Permit to Consume Refund 35.00
Rada Emily Permit to Consume Refund 35.00
Rurik Lauren Permit to Consume Refund 35.00
Schirmer Susan Permit to Consume Refund 35.00
Smith Kayla Permit to Consume Refund 35.00
Steffes Sandra Permit to Consume Refund 35.00
Taylor Amanda Permit to Consume Refund 35.00
Wimmer Shannon Park Fee Refund 100.00
ADDENDUM
Action Rental Lift rental 1,574.00
Advance Auto Parts Supplies 49.20
Bolton & Menk Planning services 3,886.00
Cintas Corporation Towels 41.10
Cintas Corp Medical First aid supplies 289.76
Comcast Internet & voice 1,367.23
Cummins Sales Vehicle repair 2,485.16
Dalco Supplies 10.93
Generate 360 Business & Leadership Mentor meetings 3,000.00
Grainger Dehumidifier 1,355.30
Group Medicare Blue Rx Retiree Prescription Ins 9,646.00
Mansfield Oil Fuel 6,024.85
Office Deposit Supplies 58.39
Riedell Shoes Skates 355.15
Simplifile Filing Fees 50.25
Stillwater Collision Dent removal 3,153.72
Streichers Ammo 7,628.24
Tri-State Bobcat Mower 5,800.00
Viking Sprinkler Annual inspection 1,540.00
Water Works Irrigation Install irrigation at Bergmann Park 5,176.20
TOTAL 1,531,050.15
Adopted by the Stillwater City Council this
21st day of June, 2022
Mayor Ted Kozlowski
DATE: March 30, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Liquor License Ordinance Amendment
The attached 2nd reading of Ordinance No 1184 has been revised to add a Summary for
publication. This will help reduce the cost of publishing the ordinance in the newspaper
and yet still informs the public of the intent and effect of the ordinance.
City of Stillwater
Washington County, Minnesota
ORDINANCE NO. 1184
AN ORDINANCE AMENDING STILLWATER CITY CODE
CHAPTER 43-65 AND 43-126 REGARDING LIQUOR LICENSE TYPES AND
CHAPTER 43-66 SUBD. 10 REGARDING HOURS OF OPERATION
The City Council of Stillwater does ordain:
SECTION 1 AMENDMENT. Stillwater City Code Chapter 43-65, subd. 1, 3, 5, 10, 11
Liquor License Types is hereby amended as follows:
Subd. 1. On-sale licenses. An on-sale intoxicating liquor license may be issued to
clubs, resorts, restaurants, theaters, hotels and bowling centers.
Subd. 3. On-sale wine licenses. Except as otherwise provided in this section and by
law, on-sale wine licenses may be granted and issued to restaurants, bed
and breakfasts, theaters and baseball teams competing in a league
established by the Minnesota Baseball Association or to a person holding
a concessions or management contract for beverage sales at a ballpark for
the purposes of summer town ball games.
Subd. 5. Temporary on-sale licenses.
(1) General rule. Notwithstanding any other provision of this section, a club
(as defined in Minn. Stat. § 340A.101, Subd. 7) or charitable, religious
or other nonprofit organization may obtain a temporary on-sale license
to sell intoxicating liquor for consumption on the licensed premises only
and in connection with a social event within the city sponsored by the
licensee. The license may provide that the licensee may contract for
intoxicating liquor catering services with the holder of an on-sale
intoxicating liquor license issued by the city.
(2) Caterer. The license may provide that the licensee must contract with
the holder of an intoxicating liquor license issued by the city who also
has a state-issued caterer's permit for dispensing intoxicating liquor.
The caterer must provide the city with a valid certificate of insurance
for the event.
(3) A separate license fee shall be due for each application submitted.
However, if the applicant applies for more than one event in a single
application, only one license fee shall be required.
(4) Number of days per event. The license will not authorize any temporary
on-sale intoxicating liquor license for more than four consecutive days.
(5) Number of events per year. The city will not authorize more than three
four-day, four three-day, six two-day or 12 one-day temporary licenses,
in any combination not to exceed 12 days per year for the sale of
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intoxicating liquor to any one organization or for any one location within
the city for a 12-month period.
(6) Application. Application for a temporary license may be made on
forms provided by the city clerk and must include the following
information:
a. The name, address and purpose of the organization, together with
the names and addresses of its officers, and evidence of nonprofit
status or of its status as a club as defined in this section;
b. The purpose for which the temporary license is sought, together
with the location, dates and hours during which wine or intoxicating
liquor will be sold;
c. Consent of the owner or manager of the premises or person or
group with lawful responsibility for the premises;
d. Evidence that the manager or director has received alcohol
awareness training as required in section 43-66 subd. 11; and
e. A security plan approved by the police chief or his or her designee.
(7) Reasonable conditions. The city council may impose reasonable
conditions to protect the health, safety and general welfare of the
public.
Subd. 10. Brewer license.
(1) On-sale brewpub license. On-sale intoxicating or on-sale 3.2 percent
malt liquor may be issued to brewers who operate a restaurant in their
place of manufacture and who meet the criteria of Minn. Stat. §
340A.24.
(2) Off-sale malt liquor brewer license (off-sale brewpub). A brewer with
an on-sale brewpub license may be issued an off-sale malt liquor
brewer license which shall permit the off-sale of malt liquor at the
brewer's licensed premises subject to the provisions of Minn. Stat. §
340A.24.
a. A brewer may only hold one brewer off-sale malt liquor license.
b. The only malt liquor sold on the licensed premises shall be malt
liquor produced by the brewer at the brewery premises.
(3) Brewer taproom license. A brewer taproom license may be issued to a
holder of a brewer's license, which authorizes on-sale of malt liquor
produced by the brewer for consumption on the premises of or adjacent
to one brewery location owned by the brewer. A brewer may only have
one taproom license and may not have an ownership interest in a
brewpub.
(4) Brewer temporary on-sale intoxicating liquor license. A brewer
temporary on-sale intoxicating liquor license may be issued to brewers
who manufacture fewer than 3,500 barrels of malt liquor in a year for
the on-sale of intoxicating liquor in connection with a social event within
the city that is sponsored by the brewer.
(5) Off-sale malt liquor small brewer licenses. A small brewer off-sale malt
liquor license may also be issued, with approval of the commissioner, to
a holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c),
(i) or (j) and meeting the criteria established by Minn. Stat. § 340A.29 as
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may be amended from time to time. The amount of malt liquor sold at
off-sale under this license may not exceed 128 ounces per customer per
day. The malt liquor sold off-sale must be removed from the premises
before the applicable off-sale closing time. Packaging of malt liquor for
off-sale under this license must comply with the provisions of Minnesota
Rules, parts 7515.1080 to 7515.1120.
Subd. 11. Microdistiller license.
(1) Cocktail room license. The holder of a microdistillery license or a
distilled spirits manufacturing license under Minn. Stat. § 340A.22 may
be issued a cocktail room license.
a. A cocktail room license authorizes the on-sale of distilled liquor
produced by the distiller for consumption on the premises of or
adjacent to one distillery location owned by the distiller.
b. A distiller may only have one cocktail room license.
(2) Microdistiller off-sale license. A microdistiller off-sale license may be
issued to the holder of a state microdistillery license if at least 50
percent of the annual production of the licensee is processed and
distilled on premises. An off-sale license herein authorizes off-sale of
one 750 milliliter bottle per customer per day of product manufactured
on-site provided the product is also available for distribution to
wholesalers.
(3) Microdistiller temporary on-sale intoxicating liquor license. A
microdistiller temporary on-sale intoxicating liquor license may be
issued to the holder of a state microdistillery license. A temporary on-
sale license herein authorizes on-sale of intoxicating liquor in
connection with a social event within the city that is sponsored by the
microdistillery.
SECTION 2 AMENDMENT. Stillwater City Code Chapter 43-66 – General conditions,
Subd. 10 (1). Hours of operation, is hereby amended as follows:
Subd. 10. Hours of operation and consumption time limit.
(1) Hours of operation.
a. Sales of intoxicating liquor shall be governed by the provisions of
Minn. Stat. § 340A.504, except as provided below.
b. On-sale intoxicating license holders may apply for a license to sell
intoxicating liquor until 2:00 a.m., except that for license holders
with a Sunday on-sale intoxicating liquor license the hours shall be
between 8:00 a.m. on Sundays and 1:00 a.m. on Mondays.
c. On Sundays, license holders with a 2:00 a.m. license and with
seating capacity for at least 30 people, may sell intoxicating liquor
in conjunction with the sale of food between the hours of 8:00 a.m.
on Sundays and 2:00 a.m. on Mondays only when a Sunday is
followed by the Monday observing Memorial Day, July 4 th or Labor
Day.
d. The off-sale of malt liquor may only be made during the same days
and hours permitted at exclusive liquor stores.
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e. The on-sale of distilled liquor may only be made during the days
and hours that the sale of on-sale intoxicating liquor is permitted.
f. On-Sale intoxicating license holders may apply for a special permit
for service of alcohol during extended hours during a live broadcast
of a World Cup match. The permit authorizes the sale of alcoholic
beverages for up to 30 minutes before, during and up to 30 minutes
after a broadcast of a live World Cup match. This special permit
expires Sept 1, 2023.
SECTION 3 AMENDMENT. Stillwater City Code Chapter 43-126 – 3.2 Percent Malt
Liquor is hereby amended as follows:
Subd. 1. It is unlawful to sell 3.2 percent malt liquor at wholesale or retail without a
license. The fee for such licenses shall be as established by city council
resolution.
Subd. 2. Definitions. Terms used in this section have the meanings given them by
Minn. Stat. ch. 340A.
Subd. 3. Conditions.
(1) On-sale licenses permit the licensee to sell 3.2 percent malt liquor for
consumption on the premises. On-sale licenses will be granted only to
restaurants, hotels, drug stores, to clubs for social or business
purposes or for intellectual improvement or for the promotion of sports,
where the serving of such 3.2 percent malt liquor is incidental and not
the major purpose of the club, to baseball teams competing in a league
established by the Minnesota Baseball Association or to a person
holding a concessions or management contract for beverage sales at
a ballpark for the purposes of summer town ball games. In addition, 3.2
percent malt liquor license holders may apply for a special permit for
service of alcohol during extended hours during a live broadcast of a
World Cup match. The permit authorizes the sale of 3.2 percent malt
liquor beverages for up to 30 minutes before, during and up to 30
minutes after a broadcast of a live World Cup match. This special
permit expires Sept 1, 2023.
(2) Off-sale licenses permit the licensee to sell 3.2 percent malt liquor in
the original package for consumption off the premises only.
(3) Temporary on-sale licenses may be granted to clubs, charitable,
religious or non-profit organizations for the sale of 3.2 percent malt
liquor. the term of a temporary on-sale license shall not exceed three
days. On-sale licenses shall be subject to special terms and conditions
as the council may prescribe.
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SECTION 4 SAVING. In all other ways, the Stillwater City Code shall remain in full
force and effect.
SECTION 5 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes, Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy
of the entire ordinance is available without cost at the office of the City Clerk, the following
summary is approved by the City Council and shall be published in lieu of publishing the
entire ordinance.
The ordinance regarding liquor license types and hours of operation has been
amended to reflect the passage of a new law, Minnesota Statute 340A.29, during
the 2022 Minnesota Legislature session.
SECTION 6 EFFECTIVE DATE. This Ordinance shall not be published until
approved by the City Council, and after its passage and publication according to law.
Approved this 21st day of June, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Date: June 21st, 2022
To: Mayor and City Council
From: Shawn Sanders Public Works Director/City Engineer
Re: First Amendment to Purchase Agreement
Stillwater Marina and Yacht Club LLC.
DISCUSSION
Staff has been working with the Stillwater Marine and Yacht Club on the purchase of
parcel land along the Browns Creek Trail. A closing date was scheduled for the end of
June but the survey work for the property has not been completed to meet this deadline.
Staff is requesting the closing date be extended no later than July 31, 2022.
RECOMMENDATION
Staff recommends council pass a motion approving the First Amendment to Purchase
Agreement.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion approving the
First Amendment to Purchase Agreement.
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FIRST AMENDMENT TO PURCHASE AGREEMENT
THIS FIRST AMENDMENT TO PURCHASE AGREEMENT (this “First
Amendment”) is entered into as of __________________, 2022 (“Effective Date”), by and between
Stillwater Marina and Yacht Club, LLC, a Minnesota limited liability company (“Seller”), and the
City of Stillwater, a Minnesota municipal corporation (“City”).
RECITALS
Recital No. 1. Seller and City entered into a purchase agreement dated April 19, 2022
(“Purchase Agreement”) for the purchase and sale of real property identified in the Purchase
Agreement.
Recital No. 2. City has requested an extension of the Closing Date to occur no later
than July 31, 2022.
Recital No. 3. Seller does not object to the requested extension.
NOW, THEREFORE, in consideration of the covenants and the mutual obligations
contain herein, the parties hereby covenant and agree with each other as follows:
1. Section 6 of the Purchase Agreement shall be removed and replaced in its entirety as
follows:
6. Closing. The closing of the purchase and sale contemplated by this Agreement
(“Closing”) shall occur no later than July 31, 2022 (“Closing Date”), unless
otherwise agreed to by the parties. Seller agrees to deliver legal and actual
possession of the Property to City on the Closing Date.
2. Except as provided for above, the terms and provisions of the Purchase Agreement shall
remain in full force and effect.
3. This First Amendment and all disputes or controversies arising out of or relating to this
First Amendment or the transactions contemplated hereby shall be governed by, and
construed in accordance with, the internal laws of the State of Minnesota, without regard
to the laws of any other jurisdiction that might be applied because of the conflicts of laws
principles of the State of Minnesota.
4. Nothing contained herein shall be deemed a waiver by City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by Seller or its
successors or assigns, shall be subject to any governmental immunity defenses of City and
the maximum liability limits provided by Minnesota Statutes, Chapter 466.
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5. This First Amendment may be executed in two or more counterparts, all of which shall be
considered one and the same instrument and shall become effective when one or more
counterparts have been signed by the parties and delivered to the other parties.
6. This First Amendment shall not be amended, modified or supplemented, except by a
written instrument signed by an authorized representative of each party.
[remainder of page intentionally blank]
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IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective
Date.
CITY:
CITY OF STILLWATER
By: ___________________________
Ted Kozlowski, Mayor
By: ___________________________
Beth Wolf, City Clerk
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SELLER:
STILLWATER MARINA & YACHT CLUB, LLC
By:
Name: Andy Malon
Its: Managing Partner
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Stillwater
From: Jonathan Van Zee
Sent: Tuesday, June 7, 2022 3:41 PM
To: Stillwater <stillwater@ci.stillwater.mn.us>
Cc: David Junker; Ryan Collins; Mike Polehna; Larry Odebrecht; Ted Kozlowski
Subject: 6.7.22 CC Meeting, STHR Discussion
[CAUTION] *** This email originated from outside the organization. ***
Do not click links or open attachments unless you recognize the sender and know the
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_______________________________________________________________________________
Mayor Kozlowski and Members of the Council,
In reading the proposed changes to our city's STHR ordinance as outlined in tonight's meeting packet, it
appears the city is poised to:
Greatly increase the number of STHR licenses available in all parts of the city
Permit an unlimited number of licenses in the Central Business District (read: all of downtown plus
certain areas of Broadway, Myrtle, etc.)
Eliminate the requirement that STHR managers be located within 30 minutes of the subject property,
in favor of a provision that managers "reside in the...7‐County metropolitan area or (are) able to
respond to complaints within 60 minutes or less" (What does respond mean here? Reply by email?)
With whose interests are the city concerned?
I am old enough to recall a time when year‐round residents lived above our downtown businesses ‐ a time,
frankly, immediately prior to the launch of VRBO and AirBNB. I can hardly begrudge the downtown property
owners who choose to convert a long‐term rental ‐ the kind of unit that might even have formerly served as
"workforce housing" or "naturally‐occurring affordable housing" ‐ into STHRs, as the profit potential must be
irresistible. Do STHRs make downtown a more vibrant place? A safer place? Long‐term residents are eyes on
the street, are friends, are neighbors, are the people who make a place.
Tourists are an important factor in many places and have been a part of Stillwater since the 1930s or earlier...
but the pace of change, between traffic changes and additional hotel beds and the advent of STHRs (and
COVID and liquor law changes and, soon, cannabis law changes) has been breathtaking. Perhaps now would
be a good time to tap the brakes a bit, if nothing else just to make sure they could still work if we needed (or
wanted) them.
We have a new apartment building currently under construction within the CBD, and at least one additional
proposal in the planning stages. Should these buildings be given over to STHRs? It is commonplace for new
buildings, in municipalities that permit the practice, to include a significant % of STHR units. What's the
limiting factor? Parking? Recall that the newest apartment building, having positioned itself as a "transit-
oriented" development, managed to be built with less than 1 parking space/unit.
I see our current STHR regulations as imperfect, but I see the changes being proposed here as reckless. Please
consider the experience of Marine on St. Croix, of innumerable coastal destinations (particularly in
Washington and Oregon and California)... and if you've not, please read about recent developments in
Nashville, TN and consider if being a year‐'round party destination is really the best and highest purpose for
our historic city/downtown.
2
Thanks, also, to Councilmembers Junker and Odebrecht for having reached out to me previously. I truly
appreciate it.
Best regards,
Jon Van Zee
308 William St. N
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666
and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16.
Public comments can be emailed to stillwater@ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
June 21, 2022
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. RECOGNITIONS OR PRESENTATIONS
1. Council Service Awards for Commission Members – Kimberly Pavek (Charter Commission) and
Todd Meyhoff (Planning Commission)
V. OPEN FORUM – open forum allows the public to address Council on subjects which are not part of the meeting.
Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less.
VI. STAFF REPORTS
2. Public Works Director
3. Police Chief
4. Fire Chief
5. Finance Director
6. Community Development Director
7. City Clerk
8. City Attorney
9. City Administrator
VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no
discussion. Anyone may request an item to be removed from the consent agenda and considered separately.
10. June 7, 2022 regular and recessed meeting minutes
11. Payment of Bills
12. Amendment to Liquor Licensing Ordinance – Ordinance 2nd Reading
13. Appointment to Downtown Parking Commission, Planning Commission and Utilities Commission
14. City Hall Stair Repair Phase 2 Project Agreement
15. Curve Crest Striping
16. Fee Schedule Amendment for Small Brewer Off-Sale License – Resolution
17. Gambling Premise Permit at Acapulco Mexican Restaurant – Resolution
18. Gambling Off-Site Permit for Bayport Legion at Lumberjack Days and Harvest Fest – Resolution
19. McKusick Lake Boardwalk Repair Project Agreement
20. Physical Activity Policy – Resolution
21. Roll-off Hauler License for Dem-Con Dumpsters LLC
22. Sanitary Sewer Rate Adjustments
23. Separation Agreement
24. Small Brewer Off-Sale License for River Siren Brewing Company
25. Watermain Break Patching
26. Wine with Strong Beer Liquor License for Boundary Stillwater – Resolution
Page 2 of 2
City Council Meeting Agenda
June 21, 2022
VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less.
27. Request to vacate portions of the public drainage and utility easements located on 602, 604 and
606 Heritage Place. Notices mailed to residents and published in the Stillwater Gazette on June 3,
2022 – Resolution
IX. UNFINISHED BUSINESS
28. Short Term Home Rental Regulation Amendments – Ordinance 2nd Reading
X. NEW BUSINESS
29. 72nd Street Improvement Project Authorize Feasibility Report – Resolution
30. Mid Oaks Lift Station Project Approve Plans and Specs and Order Ad for Bid – Resolution
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
Date of Recognition: June 21, 2022 Stillwater Fire Department S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Kimberly Pavek For 1 ½ years of service as a member of the Charter Commission and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL SERVICE AWARD
Date of Recognition: June 21, 2022 Stillwater Fire Department S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Todd Meyhoff For 3 years of service as a member of the Planning Commission and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL SERVICE AWARD
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
June 7, 2022
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:30 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator Kohlmann
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill
Finance Director Provos
Fire Chief Glaser
Police Chief Mueller
Public Works Director Sanders
MIS Specialist Bornt
Library Director Troendle
OTHER BUSINESS
Cameras in City Parking Ramp Discussion
City Administrator Kohlmann led discussion of whether there is a need to add or relocate
cameras in light of recent vandalism. He stated there are four cameras at Teddy Bear Park
and 15 cameras in the Parking Ramp. All were replaced last year and are of good quality.
There is a live feed of the cameras, however there are not personnel dedicated to watching
it. When vandalism occurs, footage is reviewed by the Police Department. The quote for 5
additional cameras to cover blind spots where there has been vandalism is $16,712.
Mayor Kozlowski pointed out there are cameras on the top deck of the ramp, but none in
any other City parking lot. Before purchasing additional cameras, he would like to determine
if there is need in other areas, so they can all be part of the same system.
MIS Specialist Bornt explained the placement and purpose of existing cameras. They can
capture persons walking into the vestibule area, but cannot capture where vandalism has
been done, so the Facility Manager requested that cameras be installed to cover those areas.
All cameras in the City are all on same system, networked and compatible, although there
are some connectivity issues at Teddy Bear Park. The Police Department is working on a
potential grant for downtown cameras and to help cover Teddy Bear Park. The cameras are
on a 7-year replacement schedule and are purchased from a state contract vendor. Almost
every year money is budgeted to replace certain cameras. They have audio capabilities, but
audio is not turned on for legal reasons. They have applications that can play pre-recorded
announcements.
City Council Meeting June 7, 2022
Page 2 of 11
Mayor Kozlowski asked who makes decisions on the system; and Mr. Bornt answered that
IT staff talks to building managers/occupants to get an idea of what they would like to cover.
The IT Department has partnered with Police on occasion to review everything, but the last
two years have been too busy to do so. There are over 100 cameras throughout the City.
Councilmember Odebrecht stated he thought Police would lead the effort, rather than
advise; and Police Chief Mueller confirmed that cameras have been under IT; the Police are
spearheading grant-writing and definitely should be leading it as part of a holistic view of
security. He agreed with the Facility Manager’s recommendation for the specific cameras in
the blind spots identified.
Councilmember Junker noted he would like to expand the project to more City buildings
under Police direction. He supports four additional cameras in the parking garage.
Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve the
purchase and installation of four cameras in the City Parking Ramp contingent on Police Chief
review and approval. All in favor.
Communication Plan
City Administrator Kohlmann presented a Communications Plan and a Communications
Strategy outlining how information is disseminated to the public, City Council,
Commissions, business community, management team, County and City employees. The
Council endorsed the plan and agreed that in the future, timing for returning phone calls to
residents should be addressed.
Communication Tools
Mr. Kohlmann explained that since the City engaged Augsburg University to create
rebranding/logo design a few years ago, there has been turnover. Staff would like to revisit
whether to conduct a full rebranding or simply a logo redesign, and whether to update or
redesign the City flag.
Mayor Kozlowski stated he would like to see a recommended process for establishing
branding guidelines so everything from the City looks the same, i.e. logos on packets,
websites and all communication. Defining the process to achieve consistency will then force
the discussion of what the logo should look like.
Consensus of the Council was to move forward to establish branding guidelines for
consistency in messaging (letterhead, flags, emails, vehicles and so on). Staff to research
other communities first.
Cannabis and CBD Ordinance Discussion
City Attorney Land stated there are 3 kinds of marijuana use: medical marijuana, which is
legal in Minnesota; CBD products, which are federally legal; and recreational marijuana.
Because the City does not zone medical marijuana currently, it could be sold anywhere. The
list of uses and distribution sites is growing. The City should not be caught blindsided in
zoning for these uses.
Ms. Land provided a draft ordinance regarding medical marijuana and CBD products. In
summary: CBD Products as a Conditional Use Permit (CUP) in the CA, CBD, BP-C, BP-0, BP-
I, HMU. This could mean any retailer that sells a CBD product would need a CUP and need to
City Council Meeting June 7, 2022
Page 3 of 11
comply with the performance standards to keep it out of reach, and to prohibit sales to
anyone under 21. Any existing business already selling it is legal non-conforming; they
cannot expand the use. The City would need to notify all retailers who sell CBD of this new
requirement and that they are limited to the number of products in quantity that they have
right now. Right now, the definition only includes the nonintoxicating products. Medical
cannabis distribution facility as an IUP in the CA, BP-C, BP-0 or BP-I (these are the state-
approved medical marijuana clinics from Leafline Labs and Green Goods). Medical cannabis
laboratory as an IUP in the BP-I Agricultural Uses - Industrial Hemp in the A-P - this is in
reaction to the farm bill that allowed farmers to grow hemp as a crop. She suggested a
minimum acreage of 200 acres.
Mayor Kozlowski remarked CBD can be purchased on Amazon and in grocery stores. He
feels there is a difference between the standalone CBD shops and the major retailers selling
other items. If CBD can be sold at Target, Cub and the Farmer’s Market, requiring a CUP
sounds onerous.
Attorney Land replied the standalone CBD retailers could be excluded and not allowed in
certain zoning districts.
Councilmember Odebrecht indicated that intoxicating products should not be sold in the
CBD, CA, or HMU districts. The Council may make a different decision for CBD oil or other
products, allowing them in the BPC, BPO, and BPI districts. He wondered if a precedent is
created.
Mayor Kozlowski noted most of the CBD shops are probably waiting for recreational
marijuana to become legal in MN so they can expand to sell recreational marijuana. They
already have the space, the brand, the customers.
Councilmember Junker stated owners he has talked to stated they have no aspirations to
expand their business model.
Attorney Land commented the product changes frequently, there are unknowns, and the
City must be cautious and careful. One option is to treat CBD p roducts like tobacco, requiring
it be in a locked case, requiring a clerk to give the buyer the product, and check to be sure
they are over 21. State law has nothing on this, so the City may regulate it by ordinance. The
City could require patrons entering an exclusive CBD store to be 21 to enter, then the
product would not need to be locked. The other stores that sell other products too should
have to put product behind a locked door.
Councilmember Junker pointed out that there is a new product called Delta 8, a strain of
marijuana which is reportedly higher than 3% THC. A shop owner told him Delta 8 and Delta
Dew are two very potent products and are in gummies and other forms.
Councilmember Odebrecht stated he would prefer prohibiting these sales in the Central
Business District. He does not want to be the first to develop regulations. If the retailer is
clearly responsible, not selling to kids, great, then they apply for a CUP.
Mayor Kozlowski stated he cannot see a coffee shop or a hair salon applying for a CUP. The
focus needs to be on protecting the City’s interests when all this becomes legal. He would
not want to be the first City to try to implement restrictions on CBD. Regulation should come
from the State.
City Council Meeting June 7, 2022
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Councilmember Odebrecht asked what happens when the intoxicating product becomes
legal; and Attorney Land replied that then it can go anywhere unless the City has something
in place that says otherwise. For instance, if the Council passes an ordinance that says
exclusive CBD stores are not allowed in the downtown district, they would be legal
nonconforming, so they could exist but not expand.
Police Chief Mueller commented the actual retail marijuana business brings a lot of security
risks as opposed to a standalone tobacco shop or liquor store. Partly because of the federal
regulations, they are often cash-based businesses. Once it gets legalized in a state, the
licensing fees and process to get licensed are cumbersome so they are often running black
market operations out of storefronts, which is causing robberies.
Councilmember Odebrecht reiterated he would not like to see sales of intoxicating items in
the downtown business district.
Mayor Kozlowski stated he is fine requiring a CUP for the weed shops, but not for CBD
products, it would be too cumbersome and painful for retailers.
Councilmember Polehna agreed, adding he knows people whose health issues are eased by
CBD products.
Attorney Land summarized the direction to not regulate CBD in the Central Business
District, to prohibit any products over .3% THC in the Central Business District, and also to
prohibit manufacturing sites. She will draft an ordinance that solidifies the suggestions.
STAFF REPORTS
Public Works Director Sanders stated the clarity of Lily Lake has vastly improved with the
Lily Lake Infiltration Project. He reported the Rotary Club is donating benches and bike
racks for the Loop Trail. Councilmembers complimented the department on cleanup of
Lowell Park.
Police Chief Mueller informed the Council that downtown noise complaints are being
addressed. He offered kudos to Tom O’Malley for responding to a Code Red, and to SRO
Vetsch for her work with the school district. A new data specialist will start in a couple
weeks. The Make It OK Mental Health event with the Human Rights Commission went well.
Fire Chief Glaser reported the 150th anniversary ribbon cutting event was outstanding with
over 100 people attending. The Lens Flare history of the department is live to view. He
provided an update on bike donation and other department activities.
Finance Director Provos noted the City received a Certificate of Excellence for financial
reporting for the 31st year in a row.
Community Development Director Gladhill gave updates on the 200 Chestnut, Central
Commons, and Lakeview Campus projects. He reviewed department priorities and gave a
status on recruitment of a Planning Manager.
City Clerk Wolf stated yard waste will be picked up June 11.
City Attorney Land shared that she is working on several ordinance revisions.
City Administrator Kohlmann gave an update on the parking ramp wall.
Library Director Troendle summarized upcoming library programs and events.
City Council Meeting June 7, 2022
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RECESS
Mayor Kozlowski recessed the meeting at 6:04 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:02 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator Kohlmann
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill
Finance Director Provos
Fire Chief Glaser
Police Chief Mueller
Public Works Director Sanders
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
RECOGNITIONS OR PRESENTATIONS
Certificates of Appreciation - Adam Fleischhacker
Mayor Kozlowski and Police Chief Mueller presented Adam Fleischhacker a certificate for
his service as Community Service Officer for 2¾ years.
Stillwater Police Department Citizen Award - Tom O'Malley
Police Chief Mueller and the Council recognized Tom O’Malley for his response to a Code
Red for a missing 10-year-old on May 22.
Proclamation Acknowledging Juneteenth Day
Mayor Kozlowski proclaimed June 19, 2022 as Juneteenth Day in recognition of African
American history.
OPEN FORUM
Louise Hansen, Rivertown Commons, reported skateboarders are saying the Police have
stated they are not enforcing the ordinance. She also stated many of the kids have a blue
card for medical marijuana and smoke it in the open.
CONSENT AGENDA
May 17, 2022 Closed Session and Regular Meeting Minutes
Payment of Bills
2022 Street Improvement Project Saw Cutting Contract
Alcohol in City Parks - Ordinance 1183
Curve Crest Boulevard Seal Coat Project Agreement
City Council Meeting June 7, 2022
Page 6 of 11
Engineering Services Contract for Water Tower Repair Project
Event Contract for Bridge the Valley Bike Rally and Temporary Liquor License
Event Contract for Zephyr Theatre's Broadway by the Bridge and Temporary Liquor
License
Hydrant Painting Contract for 2022
Liquor License Trade Name Change for O'Brien Wine & Spirits – Resolution 2022‐076
LMCIT Liability Coverage Waiver Form
Metropolitan Council Clean Water Fund Grant Agreement
Olive Street Well House Electronic Transfer Switch Project Contract
Roll-off Hauler License for Lightning Disposal, Inc.
St. Croix Valley Recreation Center Reservation Software SAAS Agreement
State Performance Measurement Program – Resolution 2022‐077
Street Crack Sealing Program 2022 Agreement
Washington County 2022 Municipal Recycling Grant Agreement
Well House Buildings Repair Contract
Zoning Text Amendment Regarding Swimming Pool Locations - Ordinance 1181
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent
Agenda. All in favor.
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
Chestnut Street Plaza Cooperative Construction Contract & Award Project Bid - Resolution
Community Development Director Gladhill reported that costs have increased on the
project for which the City was awarded a $2 million MnDOT grant to convert the two block
stretch of Chestnut to a public plaza. Three bids were received. The estimate was $2.8
million per TKDA and the low bidder was just over $3.2 million. MnDOT has provided two
additional allocations in recognition of increased costs. The City contribution is
approximately $530,000, which will be funded via TIF District #4.
Public Works Director Sanders added that the project will not be completed in 2022 due to
delays in materials and other issues. It will start after Labor Day rather than starting after
Lumberjack Days.
Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt
Resolution 2022‐078, Approving the Cooperative Construction Agreement and Approving a
Contingent Award of the Bid for the Chestnut Street Plaza Project to Pember Companies, Inc. in
the Total Amount of $3,240,948.50. All in favor.
Millbrook Development Permanent Trail Easement
City Attorney Land stated that when Millbrook Addition was approved, a contingency was
the granting of a permanent trail easement for public trails within the development.
Unfortunately the easement was never executed with the developer. City staff has worked
with the homeowners’ association to secure the easement, which is now ready for
acceptance by the Council.
City Council Meeting June 7, 2022
Page 7 of 11
Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to approve the
permanent trail easement agreement for Millbrook Development. All in favor.
NEW BUSINESS
807 Harriet Street South Easement Encroachment Agreement
Mr. Gladhill stated that the property owners would like to correct an encroachment that was
recently discovered. The existing garage encroaches into the Harriet Street right-of-way.
The property is located on a dead end, and approval of the encroachment agreement will
not impede any access. Staff recommends approval.
Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the
encroachment agreement for 807 Harriet Street South. All in favor.
Lumberjack Days and 5K/10K Event Contract and Temporary Liquor License
Mr. Kohlmann stated that The Locals have submitted their application for Lumberjack Days
to occur July 15-17. He provided the updated Events Contract, including notable differences
from 2019 (pre-COVID): 1) Payment of City Costs – requires the deposit amount to be
received three weeks prior to the event, consistent with the revised Event Policy and
removal of Public Safety costs. 2) Helicopter Ride Event – this provision was removed from
the contract as it is not recommended by the Police or Fire Chief. 3) Handicap Parking – the
provision is removed and City Staff will be designating spaces. 4) Fencing – this provision
has been removed as with the policy changes regarding alcohol consumption in City Parks.
The area is all of Lowell Park. 5) Hold Harmless and Indemnification section has been added
to the contract. 6) A General Conditions Section regarding assignment, waiver, Governing
Law, Severability, and Data Practices has been added. In 2019 fees were $18,000 and this
year the fees would be about $10,000.
Mayor Kozlowski asked why the helicopter rides were removed; and Mr. Kohlmann
answered that it was due to discussion with the Police Chief over safety issues and noise
concerns.
Police Chief Mueller added that the landing zone would be on the trail which has a lot of foot
and bike traffic. He thinks it is not a matter of if something might happen, but when.
Michael Sobieski, The Locals, stated they agreed they will block the trail with barricades and
staff when helicopters are taking off and landing.
Mayor Kozlowski noted the trail was not complete when helicopters were allowed
previously. Now many more people are using it.
Fire Chief Glaser stated there is significantly more activity on the trails and now there is the
lower trail and upper trail as well. Helicopter operations are extremely high risk. Last time,
there were several areas where the helicopter vendor did not comply with the contract.
Mayor Kozlowski inquired if another spot could be found for them to take off and land; and
Mr. Sobieski replied the initial request was Mulberry Point, but there were concerns about
nearby boats with gas. It is already further than the main event, which occurs in North
Lowell Park. The event is providing shuttles. He does not know of anyplace in town that is
halfway close.
City Council Meeting June 7, 2022
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Councilmember Junker commented the first and second year there were helicopters, he got
a lot of complaints about buzzing around the same route. He knows helicopters bring a
unique presence, but he is leery of including them based on complaints.
Police Chief Mueller stated the concerns are not about complaints, but about safety. Strict
guidelines for landing zones apply when air support is used for medevac. Lumberjack Days
staff has no authority to stop people on the trail.
Mayor Kozlowski suggested approving the contract as presented and directing staff to try
to figure out a spot in town that might makes sense for helicopter rides.
Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution
2022‐079, a resolution approving 2022 Lumberjack Days Special Event Contract and
Temporary Liquor License. All in favor.
Zephyr Theatre Outdoor Concerts and Amendment to Liquor License for Temporary Premise
Extension
Mr. Gladhill explained that Zephyr Theatre would like to again host three outdoor concerts
on their private property at 601 Main St N. The Zephyr Theater began this outdoor concert
series in 2020 in response to indoor occupancy restrictions during the COVID-19 Pandemic.
The outdoor event series continued in 2021 as an ongoing pilot. In 2020, the City received
multiple noise complaints. In response, in 2021, Zephyr Theatre invested in better sound
technology, which reduced the number of noise complaints. The City Council recently
provided direction to staff to amend City Code related to outdoor uses in a post-pandemic
world. Rather than a perpetual Conditional Use Permit, the approach now is a temporary
Interim Use Permit that may expire and is not perpetual in nature. This draft ordinance is
scheduled for a June 29 Planning Commission public hearing, which would make the
ordinance eligible for a first reading at the July 5 City Council Meeting and a second reading
at the July 19 City Council Meeting. Staff finds it appropriate to approve up to three of the
events without the need for the issuance of a Conditional Use Permit.
Calyssa Hall, Zephyr Theatre, stated they have been monitoring decibel levels and the
concerts are under maximum levels allowed.
Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve the
event permit for up to three outdoor events in 2022 at the Zephyr Theatre, 601 Main St N, and
adopt Resolution 2022‐080, Resolution Approving Amendment to Liquor License for
Temporary Outdoor License Premise. All in favor.
Fee Schedule Amendment for Park Reservations
Public Works Director Sanders stated that staff is in the process of working with a vendor
to set up new park reservation software. In order for the new software to decipher between
a resident or non-resident, City staff would need to spend significant time compiling a list of
resident addresses. With current staffing limitations, this could delay the project
significantly. The current park reservation fees are $50 for residents and $100 for non-
residents. Also, there is a separate resident and non-resident fee at Teddy Bear Park. Often
a non-resident engages a resident who is a relative or acquaintance to get the reduced rate.
In an effort to simplify the process and save on labor, staff is recommending to have one
City Council Meeting June 7, 2022
Page 9 of 11
park reservation fee for both residents and non-residents, using the current non-resident
fee. The Parks and Recreation Commission concurs.
Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution
2022‐081, Resolution Amending Fee Schedule Resolution 2022-004 for Stillwater Park Fees.
All in favor.
Fencing Consortium Joint Powers Agreement
Police Chief Mueller explained that based on recent civil unrest in Minneapolis and Brooklyn
Center, it has become apparent that anti-scale fencing can de-escalate a situation and
establish a space for lawful protests. In the spring of 2021, several police, fire, public works,
and emergency management professionals formed a Fence Working Group to explore
challenges and develop a path forward. This led to the formation of a Fencing Consortium
of local government agencies to provide anti-scale fencing within hours, not days, around
potentially impacted government buildings in response to a critical incident. Staff
recommends continued participation in the Fencing Consortium and adoption of a Joint
Powers Agreement.
Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt
Resolution 2022‐082, Resolution Adopting the Fencing Consortium Joint Powers Agreement.
All in favor.
Liquor Licensing Ordinance Amendment- Ordinance 1st Reading
City Clerk Wolf reviewed changes the City must make in its liquor license ordinance as a
result of the 2022 Legislature passage of a new law. She provided a draft ordinance.
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt first reading
of an Ordinance Amending Stillwater City Code Chapter 43-65 and 43-126 regarding Liquor
License Types and Chapter 43-66 regarding Hours of Operation. All in favor.
Short Term Home Rental License Amendments - Ordinance 1st Reading
City Attorney Land presented Short Term Home Rental (STHR) License Ordinance
Amendments, proposed as a result of Council direction provided on March 1, 2022 and
May 3, 2022. The various categories are being eliminated and all Short Term Home Rentals
for 30 days or less are categorized together. A 10% per block limit is proposed for
residential areas. Existing STHRs that have licenses today will be allowed to remain.
Mayor Kozlowski suggested establishing a lower percentage, or a set number of STHRs per
block in residential areas. For downtown, the considerations should be properties with their
own parking versus no parking. He has no issue allowing unlimited STHRs downtown in
buildings that have their own parking.
Councilmember Junker agreed that the per block limit in residential areas may be difficult
to administer. As long as there are viable parking spaces, it makes sense to allow more
STHRs downtown. The City does not have a good handle on parking mitigation.
Councilmember Odebrecht remarked that it could be hard to define a block in Croixwood.
He also discovered that among big cities, none do a background check for STHR licensees,
so he has done a 180 on that issue.
City Council Meeting June 7, 2022
Page 10 of 11
Community Development Director Gladhill suggested three would probably be the max per
block. The definition of a block would be how it is platted, typically bound by four roads, a
lake or stream. Staff could have that mapped out for review before the 2nd reading.
Councilmember Polehna agreed with Mayor Kozlowski that applicants who have their own
off street parking downtown should be able to have a STHR if they meet the requirements.
Mayor Kozlowski stated there are 21 Air BNBs outside of downtown right now and under
current policy there are 28 remaining licenses. When he first saw the proposed 10% cap, he
was envisioning three per block which would be too many, but now it looks like there are
not that many. Maybe the cap should be 50 in residential areas.
Mr. Gladhill suggested the natural cap could be the requirement for onsite parking.
Council consensus was to cap it at 50 STHRs in residential areas, and to require onsite
parking for STHRs downtown, with no cap on numbers as long as they have onsite parking.
Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt first
reading of an Ordinance Amending Section 41-8 of the Stillwater City Code regarding Short
Term Home Rental Regulations with revisions per the discussion. All in favor.
Event Contract for Summer Tuesdays and Request for Fee Waiver
City Administrator Kohlmann informed the Council that Cory Buet tner of Summer Tuesdays
Inc. has submitted a request to waive the base fee for the 2022 Summer Tuesdays event. The
base fee has been waived since the inception of the fee in 2018.
Mayor Kozlowski remarked that the new fee structure was supposed to be easier for staff
to manage and cheaper for events, but in this case it seems it is not cheaper, because it is a
multi-day, mid-week event. He thinks the fee should be lower during the week.
Councilmember Junker agreed that an event for a single day during the week should have a
different fee schedule.
Motion by Mayor Kozlowski, seconded by Councilmember Collins, to waive the base fee for
2022 for Summer Tuesdays and approve the contract. All in favor.
COUNCIL REQUEST ITEMS
Donate Life City Update
Councilmember Odebrecht announced River Siren Brewing is having an event to support
organ donation.
League of Minnesota Cities Board of Directors
By consensus, the Council supported Councilmember Odebrecht being on the Board.
4th of July and Lumberjack Days
Councilmember Polehna stated there will be fireworks from the barge. The Council will be
asked to lead the Lumberjack Days Parade.
City Council Meeting June 7, 2022
Page 11 of 11
ADJOURNMENT
Motion by Mayor Kozlowski, seconded by Councilmember Junker, to adjourn. All in favor. The
meeting was adjourned at 8:23 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2022‐076, Approving Liquor License Business Name Change from City
Sliquors to O’Brien Wine & Spirits
Resolution 2202‐077, Approving Participation in Minnesota Performance
Measurement System Program
Resolution 2022‐078, Approving the Cooperative Construction Agreement and
Approving a Contingent Award of the Bid for the Chestnut Street Plaza Project
to Pember Companies, Inc. in the Total Amount of $3,240,948.50
Resolution 2022‐079, a resolution approving 2022 Lumberjack Days Special Event
Contract and Temporary Liquor License
Resolution 2022‐080, Resolution Approving Amendment to Liquor License for
Temporary Outdoor License Premise
Resolution 2022‐081, Resolution Amending Fee Schedule Resolution 2022-004 for
Stillwater Park Fees
Resolution 2022‐082, Resolution Adopting the Fencing Consortium Joint Powers
Agreement
Ordinance No. 1181, an Ordinance Amending the Stillwater City Code Chapter 31-
514, Subd. 5, regarding Corner Lot Swimming Pools and Amending Chapter 33-
2, Subd. 4(1), regarding Corner Lot Swimming Pools
Ordinance No. 1183, an Ordinance Amending Chapter 48, Article 1, Section 48-4, and
Section 52-15 of the City Code of the City of Stillwater regarding Alcohol in City
Parks
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DATE: June 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Amendment to Liquor Licensing Ordinance 2nd Reading
BACKGROUND
Attached is an ordinance amending Chapter 43, Liquor Licensing to reflect the new
2022 law changes. The changes affect distiller licenses, growler sales, small brewer
off-sale license, resorts, baseball teams, temporary liquor licenses and hours of selling
during FIFA World Cup.
ACTION REQUESTED
Motion to approve the second reading amending Chapter 43-65 and 43-126 regarding
liquor license types and Chapter 43-66 Subd 10 regarding hours of operation.
City of Stillwater
Washington County, Minnesota
ORDINANCE NO. 1184
AN ORDINANCE AMENDING STILLWATER CITY CODE
CHAPTER 43-65 AND 43-126 REGARDING LIQUOR LICENSE TYPES AND
CHAPTER 43-66 SUBD. 10 REGARDING HOURS OF OPERATION
The City Council of Stillwater does ordain:
SECTION 1 AMENDMENT. Stillwater City Code Chapter 43-65, subd. 1, 3, 5, 10, 11
Liquor License Types is hereby amended as follows:
Subd. 1. On-sale licenses. An on-sale intoxicating liquor license may be issued to
clubs, resorts, restaurants, theaters, hotels and bowling centers.
Subd. 3. On-sale wine licenses. Except as otherwise provided in this section and by
law, on-sale wine licenses may be granted and issued to restaurants, bed
and breakfasts, theaters and baseball teams competing in a league
established by the Minnesota Baseball Association or to a person holding
a concessions or management contract for beverage sales at a ballpark for
the purposes of summer town ball games.
Subd. 5. Temporary on-sale licenses.
(1) General rule. Notwithstanding any other provision of this section, a club
(as defined in Minn. Stat. § 340A.101, Subd. 7) or charitable, religious
or other nonprofit organization may obtain a temporary on-sale license
to sell intoxicating liquor for consumption on the licensed premises only
and in connection with a social event within the city sponsored by the
licensee. The license may provide that the licensee may contract for
intoxicating liquor catering services with the holder of an on-sale
intoxicating liquor license issued by the city.
(2) Caterer. The license may provide that the licensee must contract with
the holder of an intoxicating liquor license issued by the city who also
has a state-issued caterer's permit for dispensing intoxicating liquor.
The caterer must provide the city with a valid certificate of insurance
for the event.
(3) A separate license fee shall be due for each application submitted.
However, if the applicant applies for more than one event in a single
application, only one license fee shall be required.
(4) Number of days per event. The license will not authorize any temporary
on-sale intoxicating liquor license for more than four consecutive days.
(5) Number of events per year. The city will not authorize more than three
four-day, four three-day, six two-day or 12 one-day temporary licenses,
in any combination not to exceed 12 days per year for the sale of
2
intoxicating liquor to any one organization or for any one location within
the city for a 12-month period.
(6) Application. Application for a temporary license may be made on
forms provided by the city clerk and must include the following
information:
a. The name, address and purpose of the organization, together with
the names and addresses of its officers, and evidence of nonprofit
status or of its status as a club as defined in this section;
b. The purpose for which the temporary license is sought, together
with the location, dates and hours during which wine or intoxicating
liquor will be sold;
c. Consent of the owner or manager of the premises or person or
group with lawful responsibility for the premises;
d. Evidence that the manager or director has received alcohol
awareness training as required in section 43-66 subd. 11; and
e. A security plan approved by the police chief or his or her designee.
(7) Reasonable conditions. The city council may impose reasonable
conditions to protect the health, safety and general welfare of the
public.
Subd. 10. Brewer license.
(1) On-sale brewpub license. On-sale intoxicating or on-sale 3.2 percent
malt liquor may be issued to brewers who operate a restaurant in their
place of manufacture and who meet the criteria of Minn. Stat. §
340A.24.
(2) Off-sale malt liquor brewer license (off-sale brewpub). A brewer with
an on-sale brewpub license may be issued an off-sale malt liquor
brewer license which shall permit the off-sale of malt liquor at the
brewer's licensed premises subject to the provisions of Minn. Stat. §
340A.24.
a. A brewer may only hold one brewer off-sale malt liquor license.
b. The only malt liquor sold on the licensed premises shall be malt
liquor produced by the brewer at the brewery premises.
(3) Brewer taproom license. A brewer taproom license may be issued to a
holder of a brewer's license, which authorizes on-sale of malt liquor
produced by the brewer for consumption on the premises of or adjacent
to one brewery location owned by the brewer. A brewer may only have
one taproom license and may not have an ownership interest in a
brewpub.
(4) Brewer temporary on-sale intoxicating liquor license. A brewer
temporary on-sale intoxicating liquor license may be issued to brewers
who manufacture fewer than 3,500 barrels of malt liquor in a year for
the on-sale of intoxicating liquor in connection with a social event within
the city that is sponsored by the brewer.
(5) Off-sale malt liquor small brewer licenses. A small brewer off-sale malt
liquor license may also be issued, with approval of the commissioner, to
a holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c),
(i) or (j) and meeting the criteria established by Minn. Stat. § 340A.29 as
3
may be amended from time to time. The amount of malt liquor sold at
off-sale under this license may not exceed 128 ounces per customer per
day. The malt liquor sold off-sale must be removed from the premises
before the applicable off-sale closing time. Packaging of malt liquor for
off-sale under this license must comply with the provisions of Minnesota
Rules, parts 7515.1080 to 7515.1120.
Subd. 11. Microdistiller license.
(1) Cocktail room license. The holder of a microdistillery license or a
distilled spirits manufacturing license under Minn. Stat. § 340A.22 may
be issued a cocktail room license.
a. A cocktail room license authorizes the on-sale of distilled liquor
produced by the distiller for consumption on the premises of or
adjacent to one distillery location owned by the distiller.
b. A distiller may only have one cocktail room license.
(2) Microdistiller off-sale license. A microdistiller off-sale license may be
issued to the holder of a state microdistillery license if at least 50
percent of the annual production of the licensee is processed and
distilled on premises. An off-sale license herein authorizes off-sale of
one 750 milliliter bottle per customer per day of product manufactured
on-site provided the product is also available for distribution to
wholesalers.
(3) Microdistiller temporary on-sale intoxicating liquor license. A
microdistiller temporary on-sale intoxicating liquor license may be
issued to the holder of a state microdistillery license. A temporary on-
sale license herein authorizes on-sale of intoxicating liquor in
connection with a social event within the city that is sponsored by the
microdistillery.
SECTION 2 AMENDMENT. Stillwater City Code Chapter 43-66 – General conditions,
Subd. 10 (1). Hours of operation, is hereby amended as follows:
Subd. 10. Hours of operation and consumption time limit.
(1) Hours of operation.
a. Sales of intoxicating liquor shall be governed by the provisions of
Minn. Stat. § 340A.504, except as provided below.
b. On-sale intoxicating license holders may apply for a license to sell
intoxicating liquor until 2:00 a.m., except that for license holders
with a Sunday on-sale intoxicating liquor license the hours shall be
between 8:00 a.m. on Sundays and 1:00 a.m. on Mondays.
c. On Sundays, license holders with a 2:00 a.m. license and with
seating capacity for at least 30 people, may sell intoxicating liquor
in conjunction with the sale of food between the hours of 8:00 a.m.
on Sundays and 2:00 a.m. on Mondays only when a Sunday is
followed by the Monday observing Memorial Day, July 4 th or Labor
Day.
d. The off-sale of malt liquor may only be made during the same days
and hours permitted at exclusive liquor stores.
4
e. The on-sale of distilled liquor may only be made during the days
and hours that the sale of on-sale intoxicating liquor is permitted.
f. On-Sale intoxicating license holders may apply for a special permit
for service of alcohol during extended hours during a live broadcast
of a World Cup match. The permit authorizes the sale of alcoholic
beverages for up to 30 minutes before, during and up to 30 minutes
after a broadcast of a live World Cup match. This special permit
expires Sept 1, 2023.
SECTION 3 AMENDMENT. Stillwater City Code Chapter 43-126 – 3.2 Percent Malt
Liquor is hereby amended as follows:
Subd. 1. It is unlawful to sell 3.2 percent malt liquor at wholesale or retail without a
license. The fee for such licenses shall be as established by city council
resolution.
Subd. 2. Definitions. Terms used in this section have the meanings given them by
Minn. Stat. ch. 340A.
Subd. 3. Conditions.
(1) On-sale licenses permit the licensee to sell 3.2 percent malt liquor for
consumption on the premises. On-sale licenses will be granted only to
restaurants, hotels, drug stores, to clubs for social or business
purposes or for intellectual improvement or for the promotion of sports,
where the serving of such 3.2 percent malt liquor is incidental and not
the major purpose of the club, to baseball teams competing in a league
established by the Minnesota Baseball Association or to a person
holding a concessions or management contract for beverage sales at
a ballpark for the purposes of summer town ball games. In addition, 3.2
percent malt liquor license holders may apply for a special permit for
service of alcohol during extended hours during a live broadcast of a
World Cup match. The permit authorizes the sale of 3.2 percent malt
liquor beverages for up to 30 minutes before, during and up to 30
minutes after a broadcast of a live World Cup match. This special
permit expires Sept 1, 2023.
(2) Off-sale licenses permit the licensee to sell 3.2 percent malt liquor in
the original package for consumption off the premises only.
(3) Temporary on-sale licenses may be granted to clubs, charitable,
religious or non-profit organizations for the sale of 3.2 percent malt
liquor. the term of a temporary on-sale license shall not exceed three
days. On-sale licenses shall be subject to special terms and conditions
as the council may prescribe.
5
SECTION 4 SAVING. In all other ways, the Stillwater City Code shall remain in full
force and effect.
SECTION 5 EFFECTIVE DATE. This Ordinance shall not be published until
approved by the City Council, and after its passage and publication according to law.
Approved this 21st day of June, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
DATE: June 14, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Appointments to Downtown Parking Commission & Planning Commission
The Downtown Parking Commission currently has three openings. Staff published for
the openings and received one application. The chair and Council representative
recommend to appoint Laura Lentz, who currently sits on the Traffic Safety Commission.
Staff will publish for the now open seat on the Traffic Safety Committee and the remaining
open seats on the Downtown Parking Commission.
The Planning Commission has one opening due to Todd Meyhoff’s resignation. The chair
and Council representative recommend appointing Bradley Swanson, who was interviewed
this past April.
The Utilities Commission has one term expiring on June 30th. The chair and Council
representative recommend reappointing Karen Jensen for another term. Furthermore,
with the reorganization of the Water Board to Utilities Commission, staff is aligning all term
expiration dates to occur on May 1, similar to all other Stillwater Commissions. Therefore
staff recommends Karen Jensen term expire May 1, 2025 instead of June 30, 2025.
ACTION REQUIRED
If Council agrees with the recommendations, they should pass a motion to approve the
appointment of Laura Lentz to the Downtown Parking Commission, Bradley Swanson to
the Planning Commission and Karen Jensen to the Utilities Commission, all with terms
ending May 1, 2025.
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Nick Chaves, Public Works Street Superintendent
SUBJECT: City Hall Stairs Phase 2 – Tree Trust Agreement
BACKGROUND
Work began last year on the deteriorated wooden steps behind City Hall. Tree Trust, a
Non- Profit Organization in St Paul, MN, who serves young people, all of whom have
barriers to education, career training and employment, completed Phase 1 of the project
last year. Staff has received three quotes for the project to finish the stairway, with the
Tree Trust being the low quote. Staff would like Tree Trust to complete the work on
Phase 2 which is the final phase. The quote for Phase 2 is $10,498.17. Funding for this
project will come out of the Streets department operating budget.
RECOMMENDATION
Staff recommends entering into an agreement with Tree Trust for work on the City Hall
Stairs Phase 2 project.
ACTION REQUESTED
If Council concurs with recommendation, they should pass a motion APPROVING
ENTERING INTO AN AGREEMENT WITH TREE TRUST.
1
AGREEMENT FOR SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this ____ day of __________, 20 , by and
between the City of Stillwater, 216 4
th Street North, Stillwater, Minnesota 55082, (“City”) and
__________________________________ , ________________________________________ (“Contractor”).
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in
this Agreement.
WHEREAS, Services under this agreement, are generally described as;
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain
Services (“Services”), as defined in the following documents:
i. A proposal dated , incorporated herein as Exhibit A;
b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion,
as set forth in the Exhibits, subject to Section 7 of this Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the
Services to be performed under this Agreement, including all safety standards. The Contractor shall
be solely and completely responsible for conditions of the job site, including the safety of all persons
and property during the performance of the Services. The Contractor represents and warrants that it
has the requisite training, skills, and experience necessary to provide the Services and is appropriately
licensed and has obtained all permits from all applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the
Exhibits.
b. Any changes in the scope of the work of the Services that may result in an increase to the compensation
due the Contractor shall require prior written approval by the authorized representative of the City or
by the City Council. The City will not pay additional compensation for Services that do not have prior
written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills
submitted shall be paid in the same manner as other claims made to City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors
and other indebtedness connected with the Services have been paid as required by the City.
3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and upon the same
terms and conditions as herein stated.
4. TERMINATION AND REMEDIES.
__________________________________
21st 22June
Tree Trust 1419 Energy Park Drive
6/13/22
St. Paul, MN 55108
City Hall Stairs Phase 2
2
a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written
notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon
termination under this provision, if there is no default by the Contractor, Contractor shall be paid for
Services rendered and reimbursable expenses through the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in
the event of substantial failure by the other party to perform in accordance with the terms of this
Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the
termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City
may, in such event,
i. Withhold payments due to the Contractor for the purpose of set-off until such time as the
exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing
by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the
Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate
originals of all documents or memoranda prepared for the City not previously furnished.
5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in
this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits.
The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10)
days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality
at the time the Services are provided.
7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For
purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions;
floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns,
and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or
authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services
required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the
nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to
the other party describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional
charges, if any, due to the delay.
8. CITY’S REPRESENTATIVE. The City has designated to act as the City’s
representative with respect to the Services to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the City’s policy and
decisions with respect to the Services covered by this Agreement.
9. PROJECT MANAGER AND STAFFING. The Contractor has designated
to be the primary contacts for the City in the performance of the Services. They shall be assisted by other
staff members as necessary to facilitate the completion of the Services in accordance with the terms
Nick Chaves
Nick Friedl
3
established herein. Contractor may not remove or replace these designated staff without the approval of the
City.
10. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such
claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event
claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and
City, they shall be borne by each party in proportion to its own negligence.
b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s
employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability
for damages arising out of claims by City’s employees or subcontractors.
11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the
following insurance:
a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising
out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended;
b. Workers’ Compensation Insurance in accordance with statutory requirements.
c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and
$1,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a provision that such
insurance shall not be canceled without written notice to the City. The City shall be named as an additional
insured on the Commercial General Liability Insurance policy.
12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered
by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be
free from defects and that all materials will be new and of first quality. If within one (1) year after final
payment any work or material is found to be defective, Contractor shall promptly, without cost to the City,
correct such defect.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: If to Contractor:
City of Stillwater
216 4th Street North
Stillwater, MN 55082
Attention: Attention:
Or e-mailed: Or emailed:
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and
employees pursuant to this Agreement shall be provided as employees of Contractor or as independent
contractors of Contractor and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such
a waiver shall not affect the waiving party’s rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this
Agreement, Contractor shall not discriminate against any person by reason of any characteristic
protected by state or federal law.
Tree Trust
St. Paul, MN 55108
1419 Energy Park Drive
Nick Friedl
nick.friedl@treetrust.org
Nick Chaves
nchaves@ci.stillwater.mn.us
4
d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a written agreement
signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect
the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shal l be subject
to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all
prior communications, understandings and agreements relating to the subject matter hereof, whether
oral or written.
CITY OF STILLWATER By:____________________________________
Ted Kozlowski, Mayor
By:____________________________________
Beth Wolf, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ______ of _______________, 2022 by Ted Kozlowski,
Mayor and Beth Wolf, City Clerk for the City of Stillwater.
__________________________________________
Notary Public
Commission Expires: ___/___/_____
Commissioned At: ________________________
CONTRACTOR COMPANY NAME
By:______
By (Please Print):_____________________________
Title (Please Print):____________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this _____ of _______________, 2022 by
______________________________, its ____________________________________,
for___________________________________.
__________________________________________
Notary Public
Commission Expires: ___/___/_____
Commissioned At: ________________________
FEE-FOR-SERVICE WORK ORDER
This work order, and amendments and supplements thereto, subject to the Laws of Minnesota is between Tree
Trust, 1419 Energy Park Drive, St. Paul, MN 55108 (hereafter referred to as "TREE TRUST") and City of Stillwater
(hereafter referred to as "PURCHASER").
Tree Trust Mission, Vision, and Focus:
• Mission: Our mission is to transform lives and landscapes by engaging people to build skills for meaningful
careers, inspiring people to plant trees, and making our community a greener, healthier place to live.
• Vision: Our vision is a thriving workforce living on a healthy planet.
• Focus: Our core focus areas are pathways to careers, planting trees, and partnerships.
Since 1976, Tree Trust has trained more than 57,000 individuals through employment and education
programs, helping them achieve their goals, accelerate economic mobility, and improve our communities.
Tree Trust Career Pathways programming serves young people ages 14‐28, all of whom have barriers to
education, career training, and employment. Tree Trust specializes in serving low‐income communities and
people of color who experience unequal employment and educational opportunities. The services provided
prepare young people for work and life – including career exploration, how to apply and interview for jobs,
and how to be successful once they are hired.
1 Term of Contract
1.1 Effective Date: 6/13/2022, or the date PURCHASER obtains all required signatures, whichever is
later.
1.2 Expiration Date: 8/19/2022, or until all obligations have been satisfactorily fulfilled, whichever
occurs first.
2 Payment:
2.1 PURCHASER’s obligation to TREE TRUST under this contract is $10,498.17
2.2 Additional services may be requested by the PURCHASER as part of this contract and will be paid
at a rate agreed to by the PURCHASER and TREE TRUST prior to work commencing.
2.3 TREE TRUST may invoice monthly or upon completion of work. PURCHASER agrees to pay all
invoices within 30 days of invoice date.
3 Project Details and Scope of Work
3.1 Project Name: Stillwater City Hall Stair Phase 2
3.2 Project Number: 10024
3.3 Project Location: Stillwater City Hall
3.4 Project Address: 216 4th St N, Stillwater, MN 55082
3.5 Project Purpose: To improve safe access to storage lot behind the City Hall.
3.6 Project Description: Remove temporary stair structure including timbers, steel, asphalt, and
railing. Continue construction of timber stair to meet the asphalt parking lot.
3.7 TREE TRUST will provide: All participant program related components including, but not limited
to, recruiting, safety training, supervision, professional development, curriculum, transportation,
tools, and project completion. Timber material and hardware, erosion control and seed material.
3.8 PURCHASER will provide: Material disposal, class 5 aggregate, and portable toilet.
4 Agreement Approval Signatures
4.1 All parties certify that the appropriate person(s) have executed this contract.
PURCHASER Representative: TREE TRUST Representative:
Name Name
Title Title
Signature Signature
Date Date
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Chad Rogness, Assistant Superintendent Public Works
SUBJECT: Curve Crest Striping
BACKGROUND
The city will be sealcoating Curve Crest Boulevard in early July. Approximately two
weeks after completion, the turn lanes, road lane hashes, and turn arrows will be
painted on the refinished surface. The City received 3 bids, lowest bidder was Warning
Lites at $5,909.50. They originally bid an additional $6,102 to include crosswalks,
however to meet budget needs the crosswalks will be done in house. Funding for this
project will be paid out of the Streets Operating budget.
RECOMMENDATION
Staff recommends approving the contract for 2022 Curve Crest Striping with Warning
Lites.
ACTION REQUESTED
If Council concurs with recommendation, they should pass a motion APPROVING
CONTRACT FOR 2022 CURVE CREST STRIPING.
1
AGREEMENT FOR SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this ____ day of __________, 20 , by and
between the City of Stillwater, 216 4
th Street North, Stillwater, Minnesota 55082, (“City”) and
__________________________________ , ________________________________________ (“Contractor”).
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in
this Agreement.
WHEREAS, Services under this agreement, are generally described as;
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain
Services (“Services”), as defined in the following documents:
i. A proposal dated , incorporated herein as Exhibit A;
b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion,
as set forth in the Exhibits, subject to Section 7 of this Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the
Services to be performed under this Agreement, including all safety standards. The Contractor shall
be solely and completely responsible for conditions of the job site, including the safety of all persons
and property during the performance of the Services. The Contractor represents and warrants that it
has the requisite training, skills, and experience necessary to provide the Services and is appropriately
licensed and has obtained all permits from all applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the
Exhibits.
b. Any changes in the scope of the work of the Services that may result in an increase to the compensation
due the Contractor shall require prior written approval by the authorized representative of the City or
by the City Council. The City will not pay additional compensation for Services that do not have prior
written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills
submitted shall be paid in the same manner as other claims made to City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors
and other indebtedness connected with the Services have been paid as required by the City.
3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and upon the same
terms and conditions as herein stated.
4. TERMINATION AND REMEDIES.
__________________________________
21st 22June
Warning Lites 4700 Lyndale Ave N.,
5/25/2022
Minneapolis, MN 55430
2022 Curve Crest Striping
2
a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written
notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon
termination under this provision, if there is no default by the Contractor, Contractor shall be paid for
Services rendered and reimbursable expenses through the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in
the event of substantial failure by the other party to perform in accordance with the terms of this
Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the
termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City
may, in such event,
i. Withhold payments due to the Contractor for the purpose of set-off until such time as the
exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing
by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the
Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate
originals of all documents or memoranda prepared for the City not previously furnished.
5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in
this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits.
The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10)
days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality
at the time the Services are provided.
7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For
purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions;
floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns,
and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or
authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services
required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the
nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to
the other party describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional
charges, if any, due to the delay.
8. CITY’S REPRESENTATIVE. The City has designated to act as the City’s
representative with respect to the Services to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the City’s policy and
decisions with respect to the Services covered by this Agreement.
9. PROJECT MANAGER AND STAFFING. The Contractor has designated
to be the primary contacts for the City in the performance of the Services. They shall be assisted by other
staff members as necessary to facilitate the completion of the Services in accordance with the terms
Chad Rogness
Dave Nelson
3
established herein. Contractor may not remove or replace these designated staff without the approval of the
City.
10. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such
claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event
claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and
City, they shall be borne by each party in proportion to its own negligence.
b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s
employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability
for damages arising out of claims by City’s employees or subcontractors.
11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the
following insurance:
a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising
out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended;
b. Workers’ Compensation Insurance in accordance with statutory requirements.
c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and
$1,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a provision that such
insurance shall not be canceled without written notice to the City. The City shall be named as an additional
insured on the Commercial General Liability Insurance policy.
12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered
by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be
free from defects and that all materials will be new and of first quality. If within one (1) year after final
payment any work or material is found to be defective, Contractor shall promptly, without cost to the City,
correct such defect.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: If to Contractor:
City of Stillwater
216 4th Street North
Stillwater, MN 55082
Attention: Attention:
Or e-mailed: Or emailed:
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and
employees pursuant to this Agreement shall be provided as employees of Contractor or as independent
contractors of Contractor and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such
a waiver shall not affect the waiving party’s rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this
Agreement, Contractor shall not discriminate against any person by reason of any characteristic
protected by state or federal law.
Warning Lites
Minneapolis, MN 55430
4700 Lyndale Ave N.,
Dave Nelson
dnelson@warninglitesmn.com
Chad Rogness
crogness@ci.stillwater.mn.us
4
d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a written agreement
signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect
the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shal l be subject
to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all
prior communications, understandings and agreements relating to the subject matter hereof, whether
oral or written.
CITY OF STILLWATER By:____________________________________
Ted Kozlowski, Mayor
By:____________________________________
Beth Wolf, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ______ of _______________, 2022 by Ted Kozlowski,
Mayor and Beth Wolf, City Clerk for the City of Stillwater.
__________________________________________
Notary Public
Commission Expires: ___/___/_____
Commissioned At: ________________________
CONTRACTOR COMPANY NAME
By:______
By (Please Print):_____________________________
Title (Please Print):____________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this _____ of _______________, 2022 by
______________________________, its ____________________________________,
for___________________________________.
__________________________________________
Notary Public
Commission Expires: ___/___/_____
Commissioned At: ________________________
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
651 -275-4100 Public Works Department
651-275-4112 Fax
Item#
1
2
3
4
5
Curve Crest Striping Bid Proposal
Section #1 County Road 5 to Washingington Ave
Item
4" S olid Line White
4" Broken Line White (10' Line 40' Skip) Total distance
Double Arrow White (Right or left)
Arrow White (Right or Left)
Crosswalk. m arking 4 'x6'
Total
Unit
LF
LF
Ea.
Ea .
Ea.
Quantity Unit Price Total
1950 ,.70 I 3l.S', t:x>
3900 -cJ7 '<)7'J.,:.C
2 /Cj'C). &.: -~%0-~/..
20 CitP-~-0 i"'8C<>·~
54 /l"J.co ~/ 02..~""
.ef:>qq ?& . ot:>
Contractors Anticipated Start Date:------'--,'---------------~ fl~~,-I:·~-'·-~ . ....._ , ..... £ !v)et.
Contractors Anticipated End Date: _____ ?J-'--+__,_I _____________ _
(Road will be seal coated by August 26. Please plan work after that date.)
Notes
IC 134 must be submitted prior to final payment
Bids due to the City of Stillwater 5/27/2022 at 10:00 AM
All bids must be submitted on the City's proposal form and be a complete proposal.
Bids may be submitted by mail, email, fax or in person to City Hall at above address Attn : Chad Rogness
Questions contact Chad Rogness at 651-275-4102 or crogness@ci.stillwater .mn.us OR
Nick Chaves@ 651-275-4103 or nchaves@ci.stillwater.mn.us
The City reserves the right to add or subtract quantities .
Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date.
Bids should be labeled Curve Crest Striping Bid Proposal
Date : ~£~/,__d_r-i-,/..-'2~;;:J...~-----
Print Name : -M-~~~,.~·£ __ d) __ ~-~~ri/~----
Signature : --""I:2,'-· _,:::::-..----~=--------------
Title : _ ___,_,1,-._:-_..'""'-£" ..... J -'-,--'-,~---ft-_------
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082 jf fy_yater
~~ 651-275-4100 Public Works Department
651-275-4112 Fax
Item#
1
2
3
4
5
4" Solid Line White
Curve Crest Striping Bid Proposal
Section #2 Washington Ave to Northwestern Ave
Item
4" Broken Line White (10' Line 40' Skip) Total distance
Double Arrow White (Right or left)
Arrow White (Right or Left)
Crosswalk marking 4'x6'
Total
Contractors Anticipated Start Date: ____ ....._,..._ _____________ _
Contractors Anticipated End Date: -----1-. -'---------------
(Road will be seal coated by August 26. Please plan work after that date.)
Notes
IC 134 must be submitted prior to final payment
Bids due to the City of Stillwater 5/27/2022 at 10:00 AM
All bids must be submitted on the City's proposal form and be a complete proposal.
Bids may be submitted by mail, email, fax or in person to City Hall at above address Attn: Chad Rogness
Questions contact Chad Rogness at 651-275-4102 or crogness@ci.stillwater.mn.us OR
Nick Chaves@ 651-275-4103 or nchaves@ci.stillwater.mn.us
The City reserves the right to add or subtract quantities.
Unit
LF
LF
Ea.
Ea.
Ea.
Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date.
Bids should be labeled Curve Crest Striping Bid Proposal
Date: s:-h s /z:z_ --~---,1-------------
Print Name: __ P_'A~v~/£_~_fa_'~li:-~~--~----
Signature: -~~-n~-~-~~~~--------------
Title: --'"'A=--=6_-J_, "-~--· _P-____ _
Quantity Unit Price Total
1150 "-,o "6t:> ~ • ,m
2950 ,0 7 ').Lx,. ~~
0 ---12 qD (o'i:sl>P
0 -··--.
+
DATE:
TO:
FROM:
June 16, 2022
Honorable Mayor and City Councilmembers
Beth Wolf, City Clerk
SUBJECT: Fee Schedule Amendment
BACKGROUND
The 2022 Minnesota Legislative Session resulted in the passage of a new law,
Minnesota Statute 340A.29. This law created a new class of off-sale license for small
brewers with production up to 7,500 barrels of beer annually and allows the off-sale of
malt beverages up to 128 ounces, per customer, per day.
Interested small brewers will need to apply for the new small brewer off-sale license
through the City with final review by the Alcohol and Gambling Enforcement Division.
The City needs to establish a fee for this new license. The City has 3 off-sale license
types and the fees are:
$200 Intoxicating License Off-Sale – (liquor stores)
$57.25 3.2% Malt Liquor Off-Sale
$200 Brewer Off-Sale License – (64 ounce container)
RECOMMENDATION
Staff suggests the fee for this new small brewer off-sale license be equal to the other
brewer off-sale license at $200/year.
ACTION REQUESTED
Council should pass a motion adopting RESOLUTION AMENDING RESOLUTION
2022-004 TO ESTABLISH A SMALL BREWER OFF-SALE LICENSE FEE
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-
RESOLUTION AMENDING RESOLUTION 2022-004
TO ESTABLISH A SMALL BREWER OFF-SALE LICENSE FEE
WHEREAS, the Stillwater City Council adopted Resolution 2022-004 entitled
“Resolution Approving the City of Stillwater 2022 Fee Schedule” on January 4, 2022;
and
WHEREAS, an amendment on the fee schedule is needed to set the fee for the
new small brewer off-sale license; and
NOW THEREFORE, BE IT FURTHER RESOLVED by the Stillwater City Council
that the City of Stillwater 2022 Fee Schedule is hereby amended to reflect the
following:
Brewer Tap Room $500
Brewer Off-Sale $200
Small Brewer Off-Sale $200
Brewers Tap Room On-sale Sunday $200
Adopted by Council this 21st day of June, 2022.
CITY OF STILLWATER
_____ _____________
Ted Kozlowski, Mayor
ATTEST:
______________________
Beth Wolf, City Clerk
DATE: June 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Gambling Premises Permit at Acapulco Mexican Restaurant
BACKGROUND
The City has received a Lawful Gambling Premises Permit Application from Washington
Co. Star Trail to conduct gambling at Acapulco Mexican Restaurant located at 1240 W.
Frontage Rd in Stillwater. The activity requested is pull-tabs, electronic pull-tabs and
electroinc linked bingo.
RECOMMENDATION
Washington Co. Star Trail has submitted the required documention demonstrating that
the organization is collecting gambling monies for lawful purposes. Therefore Staff
recommends approving Washington Co. Star Trail to conduct gambling at Acapulco
Mexican Restaurant.
ACTION REQUESTED
If council concurs with recommendation, they should pass a motion adopting
RESOLUTION APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL
GAMBLING FOR WASHINGTON CO. STAR TRAIL AT ACAPULCO MEXICAN
RESTAURANT
2
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-XXX
APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL GAMBLING
FOR WASHINGTON CO. STAR TRAIL AT ACAPULCO MEXICAN RESTAURANT
WHEREAS, the Washington Co. Star Trail has submitted an application to the City
of Stillwater requesting City approval of a Minnesota Gambling Premises Permit at
Acapulco Mexican Restaurant located at 1240 W. Frontage Rd, Stillwater, Minnesota;
and
WHEREAS, it has been demonstrated that the organization is collecting gambling
monies for lawful purposes.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a
local gambling premise permit for Washington Co. Star Trail at Acapulco.
Adopted by the Stillwater City Council this 21st day of June, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
DATE: June 13, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Gambling Off-Site Permit for Bayport American Legion
BACKGROUND
The City has received a Lawful Gambling Application from Bayport American Legion
Post 491 to conduct off-site gambling at Lowell Park for Lumberjack Days and Harvest
Fest. The activity requested is bingo for Lumberjack Days, July 15-17 and bingo, pull-
tabs and raffle for Harvest Fest, October 8-9, 2022.
RECOMMENDATION
Bayport American Legion Post 491 has submitted the required documention
demonstrating that the organization is collecting gambling monies for lawful purposes.
Therefore Staff recommends approving Bayport American Legion Post 491 to conduct
gambling in Lowell Park during the two events.
ACTION REQUESTED
If council concurs with recommendation, they should pass a motion adopting
RESOLUTION APPROVING BAYPORT AMERICAN LEGION POST 491
APPLICATION TO CONDUCT OFF-SITE GAMBLING AT LOWELL PARK FOR
LUMBERJACK DAYS AND HARVEST FEST.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-
APPROVING BAYPORT AMERICAN LEGION POST 491 APPLICATION TO
CONDUCT OFF-SITE GAMBLING AT LOWELL PARK FOR LUMBERJACK DAYS
AND HARVEST FEST
WHEREAS, the Bayport American Legion Post 491 has submitted an application
to the City of Stillwater requesting City approval of an application to conduct Off-Site
Gambling for bingo at Lowell Park, 201 Water St N, Stillwater, MN 55082; and
WHEREAS, Minnesota Statutes 349.165 Subd. 5 Off-site permits states: (a) A
licensed organization may conduct lawful gambling on a premises other than the
organization's permitted premises if it has first submitted to the board an application and
a lease on forms provided by the board, obtained authorization required under section
349.213, and received a permit from the board for each event up to 12 events in a
calendar year, not to exceed three days per event; and
WHEREAS, the dates for the off-site gambling will take place July 15-17, 2022
and October 8-9, 2022; and
WHEREAS, it has been demonstrated that the organization is collecting
gambling monies for lawful purposes.
NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves
Bayport American Legion Post 491 to conduct Off-Site Gambling in Lowell Park during
the event dates stated above.
Adopted by the Stillwater City Council this 21st day of June, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Nick Chaves, Public Works Street Superintendent
SUBJECT: McKusick Lake Boardwalk Reconditioning
BACKGROUND
Staff has received quotes to recondition approximately two thirds, 384 feet, of the
boardwalk across McKusick Lake. The work will consist of replacing the hand railing,
top and support rails, and the post and bottom boards as needed. Low bid came in at
$45,312.00 from Arcola Construction. $50,000.00 was budgeted for this project in the
2022 CIP Permanent Improvement Fund.
RECOMMENDATION
Staff recommends entering into an agreement with Arcola Construction for
reconditioning the McKusick Lake Boardwalk for $45,312.00.
ACTION REQUESTED
If Council concurs with recommendation, they should pass a motion APPROVING
ENTERING INTO AN AGREEMENT WITH ARCOLA CONSTRUCTION.
1
AGREEMENT FOR SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this ____ day of __________, 20 , by and
between the City of Stillwater, 216 4
th Street North, Stillwater, Minnesota 55082, (“City”) and
__________________________________ , ________________________________________ (“Contractor”).
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in
this Agreement.
WHEREAS, Services under this agreement, are generally described as;
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain
Services (“Services”), as defined in the following documents:
i. A proposal dated , incorporated herein as Exhibit A;
b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion,
as set forth in the Exhibits, subject to Section 7 of this Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the
Services to be performed under this Agreement, including all safety standards. The Contractor shall
be solely and completely responsible for conditions of the job site, including the safety of all persons
and property during the performance of the Services. The Contractor represents and warrants that it
has the requisite training, skills, and experience necessary to provide the Services and is appropriately
licensed and has obtained all permits from all applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the
Exhibits.
b. Any changes in the scope of the work of the Services that may result in an increase to the compensation
due the Contractor shall require prior written approval by the authorized representative of the City or
by the City Council. The City will not pay additional compensation for Services that do not have prior
written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills
submitted shall be paid in the same manner as other claims made to City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors
and other indebtedness connected with the Services have been paid as required by the City.
3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and upon the same
terms and conditions as herein stated.
4. TERMINATION AND REMEDIES.
__________________________________
21st 22June
Arcola Construction 10922 Stonebridge Trail N.
6/9/22
Stillwater, MN 55082
McKusick Lake Boardwalk Reconditioning
2
a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written
notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon
termination under this provision, if there is no default by the Contractor, Contractor shall be paid for
Services rendered and reimbursable expenses through the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in
the event of substantial failure by the other party to perform in accordance with the terms of this
Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the
termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City
may, in such event,
i. Withhold payments due to the Contractor for the purpose of set-off until such time as the
exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing
by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the
Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate
originals of all documents or memoranda prepared for the City not previously furnished.
5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in
this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits.
The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10)
days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality
at the time the Services are provided.
7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For
purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions;
floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns,
and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or
authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services
required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the
nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to
the other party describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional
charges, if any, due to the delay.
8. CITY’S REPRESENTATIVE. The City has designated to act as the City’s
representative with respect to the Services to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the City’s policy and
decisions with respect to the Services covered by this Agreement.
9. PROJECT MANAGER AND STAFFING. The Contractor has designated
to be the primary contacts for the City in the performance of the Services. They shall be assisted by other
staff members as necessary to facilitate the completion of the Services in accordance with the terms
Nick Chaves
Carson Schifsky
3
established herein. Contractor may not remove or replace these designated staff without the approval of the
City.
10. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such
claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event
claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and
City, they shall be borne by each party in proportion to its own negligence.
b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s
employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability
for damages arising out of claims by City’s employees or subcontractors.
11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the
following insurance:
a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising
out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended;
b. Workers’ Compensation Insurance in accordance with statutory requirements.
c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and
$1,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a provision that such
insurance shall not be canceled without written notice to the City. The City shall be named as an additional
insured on the Commercial General Liability Insurance policy.
12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered
by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be
free from defects and that all materials will be new and of first quality. If within one (1) year after final
payment any work or material is found to be defective, Contractor shall promptly, without cost to the City,
correct such defect.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: If to Contractor:
City of Stillwater
216 4th Street North
Stillwater, MN 55082
Attention: Attention:
Or e-mailed: Or emailed:
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and
employees pursuant to this Agreement shall be provided as employees of Contractor or as independent
contractors of Contractor and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such
a waiver shall not affect the waiving party’s rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this
Agreement, Contractor shall not discriminate against any person by reason of any characteristic
protected by state or federal law.
Arcola Construction
Stillwater, MN 55082
10922 Stonebridge Trail N.
Carson Schifsky
carson@schifskycompanies.com
Nick Chaves
nchaves@ci.stillwater.mn.us
4
d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a written agreement
signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect
the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject
to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all
prior communications, understandings and agreements relating to the subject matter hereof, whether
oral or written.
CITY OF STILLWATER By:____________________________________
Ted Kozlowski, Mayor
By:____________________________________
Beth Wolf, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ______ of _______________, 2022 by Ted Kozlowski,
Mayor and Beth Wolf, City Clerk for the City of Stillwater.
__________________________________________
Notary Public
Commission Expires: ___/___/_____
Commissioned At: ________________________
CONTRACTOR COMPANY NAME
By:______
By (Please Print):_____________________________
Title (Please Print):____________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this _____ of _______________, 2022 by
______________________________, its ____________________________________,
for___________________________________.
__________________________________________
Notary Public
Commission Expires: ___/___/_____
Commissioned At: ________________________
Invoice#0124
Date 6/9/2022
Arcola Construction
10922 Stonebridge Trail N
Stillwater, MN 55082
Phone # 651.271.6159
Info@arcolaconstruction.com
City Of Stillwater
Lake McKusick Park Boardwalk
Job #1 Lake McKusick Board Walk Railing
●384 ft section
●Replace top and support rails
●All 2x6 AC2 ground contact pressure treated lumber
●Replace post and bott om boards as required
●4x4 AC2 ground contact pressure treated post (Allowance 40)
●2x12 AC2 ground contact pressure treated lumber (Allowance 64)
●Install blocking for each post per plans
●$118 pre linear foot
Total $45,312.00
$125.00
$45,437.00
●Proposal pricing is good for 14 days from date above.
●
●
●
Page 1 of 2
Any changes from the above specifications involving additional cost of materials and labor will only
be completed from writt en orders, and will be an additional charge over the total mentioned in this
contract. All agreements must be in writing. Any change orders will be issued upon agreement of
both parties and will be held to the same requirements of the original proposal and contract.
Total for all jobs listed
Delivery Cost
Arcola Construction proposes to furnish all materials and labor necessary to complete the
following work:
All above work to be complete promptly per availability of material required. Any and all freight is
considered an extra and will be billed as such on the final billing. There may be situations where
products will be delayed or out of stock. We will work diligently to make sure all our products will
be available when needed. We are not responsible for shipping delays.
Payment to be made as follows: Net 30 from day of completion
●Close walkway During the dates required to complete the repairs
●Provide dedicated space to stage materials for repairs
Demolition:
●All necessary demolition for completion of project is included per plan.
●All materials are to be removed in a fashion to be thrown away.
X___________________________X__________________________
City Of Stillwater Owner-Nick Schwinghammer
Page 2 of 2
TO: Mayor and City Council Members
FROM: Joe Kohlmann, City Administrator
Donna Robole, HR Manager
DATE: June 21, 2022
SUBJECT: City of Stillwater Physical Activity Policy
BACKGROUND
The City of Stillwater values wellness initiatives for its employees, and provides its staff
with physical activity opportunities such as an on-site employee physical training room,
and a community with parks and trails. The City applied for and received a State Health
Improvement Program physical activity grant of $5,000. The grant funded bicycles,
helmets and related equipment for use by the employees during non-work time. The
addition of the bicycle fleet adds to the city’s other physical activity opportunities for
employees, such as use of the City’s indoor physical training room, outdoor walking
routes, trails and parks.
Within the grant application, the City is required to adopt a physical activity policy.
Employees have become more and more interested in eating smart and value the ability
to strengthen the heart, lungs and to build endurance with regular cardiovascular
exercise. The physical activity policy endorses the importance of regular physical
activity and its connection to an increased quality of life through improved endurance,
strength, flexibility and balance, as well as reduced risk of chronic diseases, injury and
perception of stress.
Employees are encouraged to engage in regular physical activity opportunities during
their workday and during non-work time.
RECOMMENDATION
Staff recommends the adoption of the resolution entitled, “Approving Physical Activity
Policy”
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-XXX
APPROVING PHYSICAL ACTIVITY POLICY
WHEREAS, the City of Stillwater is concerned about the health of its employees; and
WHEREAS, employees have become more and more interested in eating smart and
moving more; and
WHEREAS, heart disease, cancer and stroke—the top three causes of death in
Minnesota—are largely affected by what is eaten and by physical activity, and
WHEREAS, regular physical activity provides for increased quality of life through
improved endurance, strength, flexibility and balance, as well as reduced risk of chronic
diseases, injury and perception of stress;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA that activities and events sponsored or supported by the City of Stillwater
as an employer will include opportunities for physical activity by:
1. Identifying physical activity opportunities
a. Examples include provision of maps with walking routes and local
attractions; identification of recreational and exercise facilities;
organization of walking groups and other group activities.
b. Small exercise equipment located in the City’s Physical Training Room
for use during the work day as a physical activity break.
c. Bicycles available for use by City of Stillwater employees.
2. Supporting schedules to allow physical activity
a. Examples include flexible work arrangement schedules; allow activity
during lunch breaks; and schedule and/or facilitate short stretch breaks
integrated into meeting agendas.
NOW THEREFORE BE IT FURTHER RESOLVED, by the City Council of the City of
Stillwater, Minnesota that the attached City of Stillwater Physical Activity Policy is
hereby approved.
Adopted by the City Council of the City of Stillwater on June 21, 2022.
BY: _______________________________
Ted Kozlowski, Mayor
ATTEST:
___________________________________
Beth Wolf, City Clerk
City of Stillwater Administrative Policy Physical Activity Policy
Policy ID: HR 0002
Effective: July 1, 2022 Administrative City Officer: City Administrator
Policy Owner/Responsible Officer: Human
Resources Manager
Revision: N/A Approved by: City Administrator and City Council
Review: 3 Years Next Review Date: July 1, 2025
Policy
It is the policy of the City of Stillwater to encourage all employees engage in regular physical
activity during their workday and during personal time away from the worksite. Employees are
encouraged and supported through the following:
1. Dedicated Walking Paths/Trails/Scenic Stairs: Mapped walking routes and local
attractions such as the scenic stairs of Stillwater will be provided to employees to
walk and/or walk/bike to and from work or during personal time. Work location
stairwells will be encouraged for use during all business hours. Stairwells will be
maintained, safe, visually appealing, well-lit and easily accessible to employees.
2. Bike Facilities and Amenities: Bike storage, bike racks and other biking amenities
will be provided to encourage active transportation to work, or for use during physical
activity time.
3. Flexible Work Arrangements: Managers and supervisors encourage and support all
staff to utilize lunch periods for physical activity during the work day. In addition,
managers and supervisors are encouraged to allow flexible work arrangement
schedules to accommodate employee physical activity, while assuring primary work
is accomplished (i.e. flexible work schedules to accommodate active transportation
commuters, or those that bike/walk to and from work, or those that choose to be
physically active over lunch periods). Other than lunch hours, during scheduled
breaks during the work day, or during non-working hours of a flexible work schedule,
employees are allowed to utilize this policy during their personal time.
4. Allotted Staff Planning Time: Time will be dedicated for appropriate staff to organize
and disseminate information about regular and special opportunities for physical
activity engagement or for environmental enhancements to support physical activity.
Procedure
1. City employees are eligible to utilize the City’s physical training room and its bicycle fleet
following completion of a physical training room waiver of liability form, and an employee
bike program participation agreement, respectively.
2. City employees are eligible to request a flexible work arrangement if they have
completed six or more months of employment and have satisfactory work perf ormance.
3. Employees interested in engaging in physical activity may seek additional information
from Human Resources or access this policy via the City employee shared network site.
Physical Activity Policy, Page 2
4. Learning opportunities on various physical activity topics will be provided to employees
to increase knowledge, skills and attitudes on physical activity.
Authority
The City Administrator approves this policy in accordance with provisions of the City Charter
and City Employment Policy Manual.
Sanctions and Appeals Process
Failure to adhere to the provisions of this policy may result in appropriate disciplinary action as
provided under existing procedures applicable to staff, and/or civil or criminal prosecution.
Related Documents
City of Stillwater Employment Policy Manual, Section 7, Workplace Guidelines, Telecommuting
City of Stillwater Physical Training Room Policy
City of Stillwater Employee Bike Program Participation Agreement
Contact
Please direct questions about this policy to the City of Stillwater Human Resources Manager.
Date: June 21, 2022
TO: Mayor and Council
FROM: Beth Wolf, City Clerk
SUBJECT: Roll-off Hauler License
DISCUSSION:
Dem-Con Dumpsters LLC has submitted an application and fee for a 2022 Roll-off only
Haulers License.
RECOMMENDATION:
Staff recommends approval contingent upon the satisfactory completion of application
submittal requirements.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion approving a
roll-off hauler license to Dem-Con Dumpsters LLC contingent upon the satisfactory
completion of application submittal requirements.
DATE:
TO:
FROM:
RE:
June 16, 2022
Mayor and City Council
Sharon Provos, Finance Director
Sanitary Sewer Adjustments
BACKGROUND:
During the course of any given year, sanitary sewer rate adjustment recommendations come before
Council. These adjustments are mainly due to leaks found during the course of the year, but often
stand out more during the readings for the 1st quarter of every year. For residential properties ,
sanitary sewer billing rates are set during the 1st quarter of every year using the water consumption
from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the
rates are reset again the following year.
As mentioned before, occasionally there are some properties that have experienced increased water
usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet,
water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their
sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then
call the City to explain their individual circumstance. We (Finance) then review consumption rates
from prior/current quarters to see if we can determine the duration/termination of the leak based on
the information provided to us by the water department and the resident/owner . This information then
is used to provide Council with new billing rate recommendations for upcoming billing periods (until
the new rates are reset the following year).
This practice has been used by the City for many years, and has been proven to be a fair and
accurate way for property owners to pay their fair share of the use of the sanitary sewer system.
RECOMMENDATION:
Attached are staff recommendations for sanitary sewer rate adjustments currently requested by
property owners. These adjustments are expressed in gallons (of consumption), based on the
average consumption of the prior 3 years, and converted to the new billing rate using the most current
billing rates approved by Council. These adjustments will begin with the next billing cycle (2nd
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 OFSTH .. LWATl!R
EXHIBIT A
Dc~ripliillf'll-.f D11UngQmn1cr
Cirt.W91ll1WC \\'jllkJ !\,..,...t! ~ A.lfall,nctn I« AJJ'l("b
t li"rcclt!U,t hotn 1(1,UltO 2oJ )08JrJ St N
r .. 1q.1100
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T,, I
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4 Vn:cbi!l.!11 Fncn 21,000 211d ll23LindenS1W
·n, IS,000
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Ti• 18000
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34 Lc11'k 1111 Qt1Nrtcr Froni Tt),OOU 2ml I 179AtwooJ Ln ,. 12.uro
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To 17,UUU
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To 7,000
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y., 1,182,000
411 Led: ls!Qunrkr ro'\111 JO,UOO 2 ... 1 1.127 Slh.Sl S
To 11..tJOO
Date: June 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Issuance of New Small Brewer Off-sale License
River Siren Brewing Company
DISCUSSION
An application for a small brewer off-sale license has been received from River Siren
Brewing Company LLC dba River Siren Brewing Co. located at 225 Main Street N.
RECOMMENDATION
Staff recommends approval of the off-sale liquor license upon the satisfactory inspection,
and approval from Minnesota Alcohol Gambling Enforcement Division (AGED).
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion approving the
issuance of a new small brewer off-sale license to River Siren Brewing Company
LLC, dba River Siren Brewing Company, contingent upon the above inspection and
approval.
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Chad Rogness, Assistant Superintendent Public Works
SUBJECT: 2022 Watermain Break Patching
BACKGROUND
The roads where watermain breaks occurred over the winter are ready to be repaired
and patched. There are four areas that need this service. The city received two bids,
lowest bidder was T. A. Shifsky and Sons Inc. at $9,300.00. Funds for this project will
come out of the Watermain repair budget.
RECOMMENDATION
Staff recommends approving the agreement with T.A. Shifsky and Sons Inc. for work on
2022 Watermain Break Patching.
ACTION REQUESTED
If Council concurs with recommendation, they should pass a motion APPROVING
AGREEMENT FOR 2022 WATER MAIN BREAK PATCHING.
1
AGREEMENT FOR SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this ____ day of __________, 20 , by and
between the City of Stillwater, 216 4
th Street North, Stillwater, Minnesota 55082, (“City”) and
__________________________________ , ________________________________________ (“Contractor”).
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in
this Agreement.
WHEREAS, Services under this agreement, are generally described as;
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain
Services (“Services”), as defined in the following documents:
i. A proposal dated , incorporated herein as Exhibit A;
b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion,
as set forth in the Exhibits, subject to Section 7 of this Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the
Services to be performed under this Agreement, including all safety standards. The Contractor shall
be solely and completely responsible for conditions of the job site, including the safety of all persons
and property during the performance of the Services. The Contractor represents and warrants that it
has the requisite training, skills, and experience necessary to provide the Services and is appropriately
licensed and has obtained all permits from all applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the
Exhibits.
b. Any changes in the scope of the work of the Services that may result in an increase to the compensation
due the Contractor shall require prior written approval by the authorized representative of the City or
by the City Council. The City will not pay additional compensation for Services that do not have prior
written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills
submitted shall be paid in the same manner as other claims made to City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors
and other indebtedness connected with the Services have been paid as required by the City.
3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and upon the same
terms and conditions as herein stated.
4. TERMINATION AND REMEDIES.
__________________________________
21st 22June
T.A. Schifsky & Sons Inc.,2370 HWY 36
4/15/2022
North St. Paul, MN 55109
Water Main Break Patching 2022
2
a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written
notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon
termination under this provision, if there is no default by the Contractor, Contractor shall be paid for
Services rendered and reimbursable expenses through the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in
the event of substantial failure by the other party to perform in accordance with the terms of this
Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the
termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City
may, in such event,
i. Withhold payments due to the Contractor for the purpose of set-off until such time as the
exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing
by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the
Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate
originals of all documents or memoranda prepared for the City not previously furnished.
5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in
this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits.
The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10)
days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality
at the time the Services are provided.
7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For
purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions;
floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns,
and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or
authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services
required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the
nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to
the other party describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional
charges, if any, due to the delay.
8. CITY’S REPRESENTATIVE. The City has designated to act as the City’s
representative with respect to the Services to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the City’s policy and
decisions with respect to the Services covered by this Agreement.
9. PROJECT MANAGER AND STAFFING. The Contractor has designated
to be the primary contacts for the City in the performance of the Services. They shall be assisted by other
staff members as necessary to facilitate the completion of the Services in accordance with the terms
Robert Benson
Rob Stangler
3
established herein. Contractor may not remove or replace these designated staff without the approval of the
City.
10. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such
claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event
claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and
City, they shall be borne by each party in proportion to its own negligence.
b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s
employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability
for damages arising out of claims by City’s employees or subcontractors.
11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the
following insurance:
a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising
out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended;
b. Workers’ Compensation Insurance in accordance with statutory requirements.
c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and
$1,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a provision that such
insurance shall not be canceled without written notice to the City. The City shall be named as an additional
insured on the Commercial General Liability Insurance policy.
12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered
by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be
free from defects and that all materials will be new and of first quality. If within one (1) year after final
payment any work or material is found to be defective, Contractor shall promptly, without cost to the City,
correct such defect.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: If to Contractor:
City of Stillwater
216 4th Street North
Stillwater, MN 55082
Attention: Attention:
Or e-mailed: Or emailed:
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and
employees pursuant to this Agreement shall be provided as employees of Contractor or as independent
contractors of Contractor and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such
a waiver shall not affect the waiving party’s rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this
Agreement, Contractor shall not discriminate against any person by reason of any characteristic
protected by state or federal law.
T.A. Schifsky & Sons Inc.,
North St. Paul, MN 55109
2370 HWY 36
Rob Stangler
rstangler@taschifsky.com
Robert Benson
rbenson@ci.stillwater.mn.us
4
d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a written agreement
signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect
the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shal l be subject
to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all
prior communications, understandings and agreements relating to the subject matter hereof, whether
oral or written.
CITY OF STILLWATER By:____________________________________
Ted Kozlowski, Mayor
By:____________________________________
Beth Wolf, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ______ of _______________, 2022 by Ted Kozlowski,
Mayor and Beth Wolf, City Clerk for the City of Stillwater.
__________________________________________
Notary Public
Commission Expires: ___/___/_____
Commissioned At: ________________________
CONTRACTOR COMPANY NAME
By:______
By (Please Print):_____________________________
Title (Please Print):____________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this _____ of _______________, 2022 by
______________________________, its ____________________________________,
for___________________________________.
__________________________________________
Notary Public
Commission Expires: ___/___/_____
Commissioned At: ________________________
,~illwater City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
'-~~ -,
~qfhb&Worb)
651-275-4100 Public Works Department
651-275-4112 Fax
Blacktop Patching Main Breaks 2022
Item# Item
1709 Gree l ey St. S. -{ 18'x13') -Saw Cut edge -sub-cut 4"-Ve ri fy 6" of
1 compacted grave l base -Pave 4" SPW 330 0 Bitum inous in 2" l ifts
2845 l cerose Ln. -{15'x9 ') -Saw Cut edge -sub-cut 4"-Verify 6" of
2 co m pacted gravel base -Pave 4" SPW 3300 Bituminous in 2" lif ts
1655 Lin son Ci rcle -(20'x18') -Saw Cut edge -sub -cut 4"-Verify 6" of
3
compacted grave l base -Pave 4" SPW 330B Bituminous in 2" lifts
800 Nightengale Blvd. -(13 'x 15 ') -Saw Cut edge -sub-cut 4"-Verify
6" of compacted gravel base -Pave 4 " SPW 330B Bitumin ous in 2"
4 li fts
Grand Total (Lump Sum)
Contr actors A nti cipated Start Date __ MAY------
Work to b e Comp l et ed 30 d ays from St art of Work
The City reserves the right to ad d or d eleate qua nti t i es
Traffic Control shall b e inclued ed in Pr oj ect, In cide ntal
Cities small contract agreement applies -Responsible bidder form sha ll be completed
Bids may be submitted by mail, emai l or fax 651-275-4112
Unit
LS
LS
LS
LS
Qu estions contact: Chad Ro gness 651-275-4102 (email) crogness@c i.stillwat er.mn.us OR
Robert Benson 651-430-8 740 (email) rbenson@ci.sti llwater.mn.us
Quantity
1
1
1
1
Bid s Due D ate 5/15/2022 Bids should be labeled: Bituminous Patching M ai n Breaks
T raffic Contro l shall be inclueded i n Project, Incidental
Al l bi ds must be submitt ed on the City's proposal form and be a complet e proposal.
Pl ease provide any additional comments, modifications, or suggestions to the
proposal prior to quote du e date.
cf ~(C,( Z.Oc 'Z_
Date:--------'-t-1-L--->----------Company Name: .-
Print Name: __ o{_;__o_~_--"'c)-L-:('1..,__.._-1\J~G'-l-GL--______ _
Signature: -~--=-=ck:i~&~~---A-~--
Title: ___ ..:::L =-·c..::~::::...;..· ~(j)=--·--------Phone: G, ~ /
Pa ge 1 of 1
--~ ;,.
Unit Pr ice Amount
2450 $2,45 0.00
2200 $2,200.00
2450 $2,450.00
2200 $2,200.00
DATE: June 16, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Issuance of New Wine with Strong Beer Liquor License
Boundary Stillwater
DISCUSSION:
An application for a new Wine & Strong Beer liquor license for Boundary Stillwater has
been received from the Boundary Stillwater, LLC. Anna Darmody, owner, leased the
building located at 413 Nelson St E.
RECOMMENDATION:
Staff recommends approval contingent upon the satisfactory investigation, inspections,
and approvals from the Police, Fire, Building, Finance Departments, Washington
County Public Health and Environment and Minnesota Alcohol Gambling Enforcement
Division (AGED). It should be noted that AGED approval is the last approval
requirement before the license is issued to the establishment.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a resolution approving
the issuance of a new Wine & Strong Beer Liquor License to Boundary Stillwater, LLC,
dba Boundary Stillwater, contingent upon satisfactory investigation, inspections, and
required approvals.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-xxx
APPROVING ISSUANCE OF NEW WINE WITH STRONG BEER LIQUOR LICENSE
TO BOUNDARY STILLWATER LLC, DBA BOUNDARY STILLWATER
WHEREAS, an application has been received for the issuance of a Wine with
Strong Beer liquor license for Boundary Stillwater LLC, dba Boundary Stillwater, located
at 413 Nelson St E; and
WHEREAS, all required documentation has been submitted and fees paid.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Stillwater, Minnesota hereby approves the issuance of a new Wine with Strong Beer
liquor license conditioned upon approval from Police, Fire, Building, Finance
Departments, Washington County Public Health and Environment and Minnesota
Alcohol Gambling Enforcement Division (AGED).
Adopted by the Stillwater City Council this 21st day of June, 2022.
CITY OF STILLWATER
Ted Kozlowski, Mayor
Attest:
Beth Wolf, City Clerk
DATE: June 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Tim Gladhill, Community Development Place
SUBJECT: Heritage Place Easement Vacation
BACKGROUND
The City has been approached by the Owners and potential Buyers of a vacant parcel
in the Heritage Ridge subdivision. The Owner has received administrative approval to
consolidate three (3) lots into two (2) lots due to a desire to establish better lot lines and
buildable area. However, in order for Staff to be able to finalize and record the lot line
reconfiguration and issue a Building Permit for a new dwelling, the Owner must vacate
existing easements and dedicate new easements based on the new lot lines.
RECOMMENDATION
Staff recommends approval of the Easement Vacation and accept new easements.
ACTION REQUESTED
Motion to adopt the Resolution vacating existing drainage and utility easements and
accepting new drainage and utility easements.
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2022-____
A RESOLUTION VACATING PORTIONS OF PUBLIC DRAINAGE AND UTILITY
EASEMENTS LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, by that certain plat of Heritage Ridge recorded as Document No. 1256515
on November 14, 2018 in the Office of the Washington County Registrar of Titles, public drainage
and utility easements were dedicated over Lots 5, 6 and 7, Block 1, Heritage Ridge (“Public
Drainage and Utility Easement”); and
WHEREAS, Fairway Development LLC, a Minnesota limited liability company
(“Owner”), is the fee owner of Lots 5, 6 and 7, Block 1, Heritage Ridge, with respective property
addresses of 606 Heritage Place, Stillwater, MN 55082, 604 Heritage Place, Stillwater, MN 55082
and 602 Heritage Place, Stillwater, MN 55082; and
WHEREAS, Owner petitioned to vacate portions of the Public Drainage and Utility
Easement, legally described as follows:
EASEMENT A VACATION:
The 10 foot wide easement dedicated for drainage and utility purposes over, under, and
across Lots 6 and 7, Block 1, HERITAGE RIDGE, Washington County, Minnesota. The
centerline of said easement is described as follows:
Beginning at the southwest corner of said Lot 7, Block 1, HERITAGE RIDGE;
thence on an assumed bearing of North 11 degrees 18 minutes 27 seconds West,
along the west line of said Lot 7, Block 1, a distance of 158.67 feet; thence North
00 degrees 48 minutes 52 seconds East, continuing along said west line of Lot 7, a
distance of 154.37 feet to the northwest corner of said Lot 7, and said centerline
there terminating.
EXCEPT
The north 10 feet and the south 10 feet of the above described easement.
EASEMENT B VACATION:
The 10 foot wide easement dedicated for drainage and utility purposes over, under, and
across Lots 5 and 6, Block 1, HERITAGE RIDGE, Washington County, Minnesota. The
centerline of said easement is described as follows:
Beginning at the northwest corner of said Lot 5, Block 1, HERITAGE RIDGE;
thence on an assumed bearing of North 89 degrees 36 minutes 22 seconds East,
2
along the north line of said Lot 5, Block 1, a distance of 156.17 feet to the northeast
corner of said Lot 5, and said centerline there terminating.
EXCEPT
The west 10 feet and the east 5 feet of the above described easement.
AND
That part of the drainage and utility easement dedicated on Lot 5, Block 1, HERITAGE
RIDGE, Washington County, Minnesota, described as follows:
Commencing at the northwest corner of said Lot 5, Block 1, HERITAGE RIDGE;
thence on an assumed bearing of North 89 degrees 36 minutes 22 seconds East,
along the north line of said Lot 5, Block 1, a distance of 10.00 feet to the point of
beginning of the easement to be vacated; thence conti nuing North 89 degrees 36
minutes 22 seconds East, along said north line, a distance of 42.89 feet; thence
South 21 degrees 38 minutes 59 seconds West, a distance of 102.68 feet to the north
line of the south 5.00 feet of said Lot 5; thence South 89 degrees 36 minutes 22
seconds West, along said north line, a distance of 6.38 feet to the east line of the
west 10.00 feet of said Lot 5; thence North 00 degrees 23 minutes 38 seconds West,
along said east line, a distance of 90.18 feet to the point of beginning.
Certificate of Title Nos. 77023, 77024 and 77025
and depicted on Exhibit A (Easement”), attached hereto and incorporated herein; and
WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the majority landowners,
with a majority vote of its members, the City Council may vacate any street, alley, public grounds,
public way or any part thereof within the City by Resolution; and
WHEREAS, the City of Stillwater wishes to vacate the Easement described above and
depicted on Exhibit A; and
WHEREAS, a notice of a public hearing on said vacation was duly published, posted and
mailed in accordance with applicable Minnesota Statutes, and a public hearing was held on said
vacation; and
WHEREAS , the City Council of Stillwater then proceeded to hear all persons interested
in said vacation and all persons interested were afforded an opportunity to present their views and
objections to the granting of said vacation; and
WHEREAS, the City Council of Stillwater has determined that the vacation would be in
the public interest.
3
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater
as follows:
1.That pursuant to Minn. Stat. § 412.851, hereby vacates the Easement described above and
depicted on Exhibit A.
2.That said vacation has no relationship to the City’s Comprehensive Plan and therefore the
Stillwater City Council has dispensed with the requirements of Minn. Stat. § 462.356,
Subd. 2, that may require the Stillwater Planning Commission to perform a Comprehensive
Plan compliance review of said vacation that may constitute a disposal of real property
pursuant to § 462.356, Subd. 2.
3.That the City Clerk shall prepare a notice to be presented to the Washington County
Auditor reflecting the completion of the proceedings herein.
Adopted this 21st day of June, 2022.
By:
Ted Kozlowski
Mayor
By:
Beth Wolf
City Clerk
A-1
EXHIBIT A
DEPICTION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS TO BE VACATED
PERMANENT DRAINAGE AND UTILITY EASEMENT
THIS PERMANENT DRAINAGE AND UTILITY EASEMENT (“Easement”) is
made, granted and conveyed this ________ day of _______________, 202__, by and between
Fairway Development LLC, a Minnesota limited liability company (“Landowner”), and the City
of Stillwater, a Minnesota municipal corporation (“City”).
WHEREAS, Landowner owns real property situated within Washington County,
Minnesota as described on Exhibit A (“Landowner’s Property”), attached hereto and incorporated
herein by reference.
WHEREAS, Landowner has subdivided Landowner’s Property and the City is requiring
this Easement from Landowner.
NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars
($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged,
does hereby grant and convey to the City, its successors and assigns, forever the following:
PERMANENT DRAINAGE AND UTILITY EASEMENT DESCRIPTION
A permanent easement for utility and drainage purposes and all such purposes
ancillary, incident or related thereto (“Permanent Easement”) under, over, across,
through and upon that real property legally described on Exhibit B and depicted on
Exhibit C (“Permanent Easement Area”), attached hereto and incorporated herein by
reference.
The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the
construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains,
storm water facilities, above ground and below ground drainage facilities, any utilities, underground
pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary,
incident or related thereto, under, over, across, through and upon the Permanent Easement Area.
The Permanent Easement rights further include, but are not limited to, the right of ingress and egress
over the Permanent Easement Area to access the Permanent Easement for the purposes of
construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains,
storm water facilities, above ground and below ground drainage facilities any utilities, underground
2
pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident
or related thereto.
EXEMPT FROM STATE DEED TAX
The rights of the City also include the right of the City, its contractors, agents and servants:
(a) To enter upon the Permanent Easement Area at all reasonable times for the purposes
of construction, reconstruction, inspection, repair, replacement, grading, sloping, and
restoration relating to the purposes of the Permanent Easement; and
(b) To maintain the Permanent Easement Area, any City improvements and any
underground pipes, conduits, or mains, together with the right to excavate and refill
ditches or trenches for the location of such pipes, conduits or mains; and
(c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate,
undergrowth and other obstructions interfering with the location, construction and
maintenance of the utility pipes, conduits, mains and above ground and below ground
drainage facilities and to deposit earthen material in and upon the Permanent
Easement Area; and
(d) To remove or otherwise dispose of all earth or other material excavated from the
Permanent Easement Area as the City may deem appropriate.
The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties,
attorneys’ fees and losses resulting from any claims, actions, suits, or proceedings based upon a
release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants
which may have existed on, or which relate to, the Permanent Easement Area or the Landowner’s
Property prior to the date hereof.
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors
or assigns, shall be subject to any governmental immunity defenses of the City and the maximum
liability limits provided by Minnesota Statutes, Chapter 466.
The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with
the City, its successors and assigns, that it is well seized in fee of Landowner’s Property described on
Exhibit A, the Permanent Easement Area described on Exhibit B and depicted on Exhibit C and has
good right to grant and convey the Permanent Easement herein to the City.
This Easement is binding upon the heirs, successors, executors, administrators and assigns of the
parties hereto.
This Easement may be executed in any number of counterparts, each of which shall be deemed
an original but all of which shall constitute one and the same instrument.
IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as
of the day and year first above written.
CITY:
CITY OF STILLWATER
By:
Ted Kozlowski
Mayor
By:
Beth Wolf
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of _______________, 202__, before me a Notary Public within and for
said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk
of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument,
and that it was signed on behalf of said municipal corporation by authority of its City Council and
said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
4
LANDOWNER:
FAIRWAY DEVELOPMENT LLC
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on this _____ day of
_______________, 202__ by ____________________, the ____________________ of Fairway
Development LLC, a Minnesota limited liability company, on behalf of said limited liability
company.
Notary Public
This instrument drafted by
and after recording, please return to:
Korine L. Land (#262432)
Stillwater City Attorney
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
651-451-1831
A-1
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY
Lot 6, Block 1, Heritage Ridge, according to the plat thereof on file and of record in the office of the
Registrar of Titles in and for Washington County, Minnesota.
Torrens Property
Certificate of Title No. 77024
B-1
EXHIBIT B
LEGAL DESCRIPTION OF
PERMANENT EASEMENT AREA
A 10 foot wide permanent easement for drainage and utility purposes over, under and across
Landowner’s Property. The centerline of said easement is described as follows:
Commencing at the northwest corner of Lot 5, Block 1, said HERITAGE RIDGE; thence
on an assumed bearing of North 89 degrees 36 minutes 22 seconds East, along the north
line of said Lot 5, Block 1, a distance of 156.17 feet, to the northeast corner of said Lot 5
and to the point of beginning of the centerline to be described; thence North 12 degrees 14
minutes 45 seconds West, a distance of 66.01 feet; thence North 40 degrees 33 minutes 34
seconds West, a distance of 75.99 feet; thence North 90 degrees 00 minutes 00 seconds
West, a distance of 90.37 feet to the west line of said Lot 6, Block 1 and said centerline
there terminating.
C-1
EXHIBIT C
DEPICTION OF
PERMANENT EASEMENT AREA
DATE: June 16, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Tim Gladhill, Community Development Director
Kori Land, City Attorney
SUBJECT: ORDINANCE AMENDMENT - Short Term Home Rental License Changes
BACKGROUND
The City Council previously provided broad policy direction on this topic on March 1,
2022 and May 3, 2022. The City Council approved the first reading of the ordinance on
June 7. The ordinance is now eligible for second reading (final approval) with changes
as previously directed by the City Council.
General/Broad Goals of Ordinance Amendment
• Retain the pertinent standards and protections to allow Short Term Home
Rentals without creating a nuisance to neighboring properties
• Analyze the effectiveness of the current regulations (5 Year Review of Origina l
Ordinance)
o Address density maximum in the CBD: Central Business District
• Streamline the approval process for those Applications that fully comply with
applicable regulations (without losing protection for neighboring properties)
• Reduce confusion for Staff and Applicants due to complexity of existing License
Types
Below is a summary of proposed changes to the existing program.
• No more classes of Licenses; just a single Short Term Home Rental License
• Removal of maximum number of available licenses
o Per previous direction on the original draft, the proposed ‘block density’
requirement has now been removed – Previous Council Direction
o Consistent with the original draft, the current proposal does not include a
maximum number of licenses in the Downtown Area (CBD: Central
Business District) – Previous Council Direction
• First/Initial Application requires City Council Approval; Renewal Applications with
no violations and no changes can be approved administratively
• All proposals must comply with parking requirements for the Zoning District and
Use; any deviation requires City Council Approval of a Parking Mitigation Plan
• A majority of other applicable existing regulations in the current ordinance remain
A reminder that under the current ordinance, there are no additional licenses available
for Non-Owner Occupied Units in the CBD District.
For reference purposes only, per past Council request, Staff is providing a summary of
existing license maximum status per existing category. A reminder that the proposed
ordinance moves away from this structure and into a density per block model.
License Type Maximum Allowed Currently Issued Remaining
Type A
(Owner
Occupied/On Site)
35 2
(All Non-Downtown)
33
Type B
(Owner
Occupied/Not On
Site)
35 13
(2 Downtown; 11 Non-
Downtown)
22
Type C Downtown
(Non-Owner
Occupied)
10 11*
*Due to 2 Lawful, Non-
Conforming Conditional
Use Permits
-1
Type C Non-
Downtown
(Non-Owner
Occupied)
15 9 6
Staff requests that the City Council take into consideration the following talking points as
it relates to maximum (or no maximum) number of licenses in the Downtown Area.
• Apartments and Condos
• Likely demand for additional five (5) short-term home rentals in Downtown Area
within the next year (anecdotal observation based on recent inquiries)
• Potential demand for additional 10-20 short-term home rentals in Downtown Area
over next few years (based on cursory review of building with potential to convert
second and third floor space)
RECOMMENDATION
Staff recommends that the City Council adopt the Ordinance amending Short Term
Home Rental Regulations.
ACTION
Motion to approve the second reading of the Ordinance amending City Code Section
41-8 entitled Short Term Home Rental Regulations.
ATTACHMENTS
DRAFT Ordinance
City Council Minutes dated March 1, 2022
City Council Minutes dated May 3, 2022
STHR Location Map
1
ORDINANCE NO. ______________
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 41-8 OF THE STILLWATER CITY CODE
REGARDING SHORT TERM HOME RENTAL REGULATIONS
The City Council of the City of Stillwater does ordain:
SECTION 1. REPEAL AND REPLACE. Stillwater City Code Chapter 41-8 regarding
short term home rental regulations is hereby repealed and replaced as follows:
Sec. 41-8. – Short term home rental dwelling units.
Subd. 1. Purpose. It is the purpose of this section to protect the public health, safety and welfare
of those who stay in short term rental dwelling units by adopting a rental dwelling license program.
The operation of rental properties is a business enterprise that includes certain responsibilities.
Rental owners, operators and managers are responsible to take such reasonable steps as are
necessary to ensure that the guests who occupy such rental dwelling units, as well as neighboring
properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are
safe, secure, and sanitary, free from noise, nuisances and annoyances, and free from unreasonable
fears about safety of persons and property.
Subd. 2. Definitions. Words used in this section shall have the following meanings unless
otherwise defined in this section.
(1) City Inspection Report means a rental dwelling inspection report prepared and signed by
the fire department and building department.
(2) City Administrator means the Stillwater City Administrator or designee.
(3) Operator or Manager means any person who has charge, care or control of a rental
dwelling unit.
(4) Owner or Licensee means any person agent, operator, firm or corporation having a legal or
equitable interest in the property or recorded in the official state, county or city records as
holding title to the property or otherwise having control of the rental dwelling unit property.
(5) Person means an individual, corporation, firm, association, company, partnership,
organization or any other group acting as a unit.
(6) Reinspection means a follow-up city inspection that is:
a. Conducted to determine if a code violation has been corrected;
b. Necessary because a licensee, owner or other responsible party fails to attend a
scheduled inspection;
c. Necessary because a scheduled inspection does not occur or is prevented from
occurring due to an act of a property owner or agent; or
2
d. Any inspection following an initial inspection.
(7) Rental Dwelling means any dwelling used for residential occupancy by one or more
persons who are not the owner.
(8) Rental Dwelling Unit means any room or rooms, or space, in any rental dwelling designed
or used for residential occupancy by one or more persons who are not the owner.
(9) Short Term Home Rental means a rental dwelling or rental dwelling unit that is offered to
transient guests for a period of less than 30 consecutive days.
Subd. 3. License Required.
(1) General Rule. No person, partnership, business entity, or corporation shall operate a short
term home rental dwelling or rental dwelling unit in the city without a license.
(2) City council action. Upon receipt of a completed application, the City Council may take
any of the following actions on new license applications:
a. Approve the license;
b. Deny the license;
c. Approve a provisional license;
d. Approve the license with reasonable conditions; or
e. Continue the license application for good cause.
(3) Applications. The license application must be submitted on a form provided by the city and
must include all the information requested on the application form, in addition to the
following information:
a. Property Owner Information.
i. The name, address and complete information of the property owner, if the
property owner is an individual, including social security number.
ii. The name, address and complete information of at least one officer,
manager or director, if the property owner is a business entity, including the
name of the business entity, the state of formation, the applicants federal tax
identification number and state employer identification number.
b. Property contact information. The applicant must provide 24-hour contact
information for one person in any of the following categories:
i. At least one owner of the rental dwelling or rental dwelling unit; or
ii. At least one person, if different from the owner, who is responsible for
compliance with this and any other code requirement pertaining to the rental
dwelling or rental dwelling unit, such as a property manager, who must
reside in the Twin Cities 7-County metropolitan area or is able to respond
to complaints within 60 minutes or less; or
iii. Any of the owner’s agents responsible for management of the rental
dwelling or rental dwelling unit, such as a property management company
3
and the name and contact information of a person at the property
management company; or
iv. Any vendors and all vendees, if the rental dwelling or rental dwelling unit
is being sold pursuant to a contract for deed.
The City Clerk must be notified in writing of any changes to the name(s) provided
on the application.
c. Insurance. The licensee must provide proof of sufficient and suitable insurance
with the license application.
d. Inspection report. The application must be accompanied by a satisfactory city
inspection report signed by the fire department and building department. A property
owner or agent is required to be onsite during the scheduled inspection. A property
owner or agent may cancel or re-schedule an inspection no less than 24 hours of
the scheduled inspection time or a re-inspection fee will apply. The inspection must
have been completed no more than 60 days prior to submission of the license
application. If the inspection identifies items that must be corrected, all corrections
must be completed and verified by the city before the license will be considered.
e. License fee. The application must be accompanied by payment in full of the
required license fee. The license application fee will be determined by the City
Council and listed in the city fee schedule.
(4) Background Investigations.
a. For all new applications, a background investigation will be conducted on the
property owners and managers listed on the application, consistent with Minn. Stat.
§299C. The city may request additional information from the license applicant
regarding all property owners, if the property is owned by individuals or regarding
all officers, managers or directors, if the property is owned by a business entity, and
may conduct additional background investigations as it deems necessary. The
applicant shall pay a background investigation fee for each background
investigation conducted.
b. For renewal applications, background investigations are not required and no
background investigation fee shall be required, however, the Police Department
may conduct a background investigation at its sole discretion, with consent of the
applicant.
(5) Changes in ownership. A license is non-transferable. If there is a change in the ownership
of the rental dwelling or rental dwelling unit, a new license is required.
(6) License term. The term of the license is three (3) years.
(7) Renewal applications. Renewal applications shall submit and comply with all of the
requirements of a new application, except for the background investigation. If all the
requirements are met, no changes have been made on the application since the previous
application, a satisfactory inspection report is submitted, and there have been no violations
of this ordinance in the previous 3 years, renewal applications may be approved
administratively by the Community Development Department.
4
(8) Guest register. As a condition of the license, the applicant must, as a continuing obligation,
maintain a current register of guests and other persons who have a lawful right to
occupancy of rental dwellings or rental dwelling units. In its application, the applicant must
designate the name of the person or persons who will have possession of the register and
must promptly notify the City Administrator or designee of any change in the identity,
address or telephone numbers of such person. The register must be available for inspection
by city officials at all times.
(9) Display of license certificate. The license certificate must be exhibited in a conspicuous
place at or near the entrance to the rental dwelling or rental dwelling unit.
Subd. 4. Exemptions. This section does not apply to and no license is required for the following:
(1) Hotels
(2) Motels
(3) Bed and breakfasts, which are subject to requirements in City Code section 31-504
(4) State-licensed residential care facilities
(5) Nursing homes
Subd. 5. Rental license caps for short term rental licenses. For all zoning districts where short
term rental dwelling or dwelling units are allowed, no more than 50 licenses shall be approved in
total. The rental cap restrictions imposed by this section does not apply to the Central Business
District, as long as the licensee can meet all other conditions of this ordinance.
Subd. 6. Performance Standards. All rental dwelling or rental dwelling units shall be subject to
the performance standards identified below.
(1) Zoning. Short term home rentals shall only be allowed in specific zoning districts as
identified in City Code section 31-315 (allowable uses for residential zoning districts) and
section 31-325 (allowable uses for non-residential zoning districts)
(2) Parking requirements. In all zoning districts, including the CBD, all guest parking for a
rental dwelling or rental dwelling unit must be on an improved driveways and improved
parking surfaces that is located on-site. In addition, the rental dwelling or rental dwelling
unit must meet the parking requirements in the applicable zoning ordinance for that use
(Chapter 31). For current license holders (as of the date of adoption of the ordinance) that
are legal nonconforming in regard to these parking requirements, the license holder may
continue to renew the license, but may not expand the use. If the license is discontinued,
revoked, suspended or terminated, or otherwise lapses, the license may not be reapproved
without meeting the parking requirements herein.
(3) Events. Events are not allowed to be hosted by guests on the premises. For purposes of this
section 41-8, an event means a gathering on the premises of more than three un-registered
guests. Events hosted by the property owner are allowed but must comply with all
applicable city ordinances and policies, including the prohibition on renting out private
residential property for events.
(4) There shall be no change in the exterior appearance of the rental dwelling, rental dwelling
unit or premises, or other visible evidence of the conduct of a short term home rental, except
that additional on-site city code compliant parking may be provided.
5
(5) Maintenance standards. It is the responsibility of the licensee to assure that every rental
dwelling or rental dwelling unit is maintained in compliance with all city ordinances and
state laws. A violation of any of the following laws and ordinances constitutes a public
nuisance:
a. Building Code (Chapter 33);
b. Animal regulations (Chapter 27);
c. Minnesota State Fire Code (Section 23-1, subd. 1);
d. Public nuisance regulations (Chapter 38);
e. Parking violations (Chapter 51).
Subd. 7. Responsibility for acts of manager. Licensees and owners are responsible for the acts or
omissions of any manager.
Subd. 8. Additional Inspections. The Building Official, Building Inspector, Fire Department
personnel, police officers and their respective representatives, are authorized to make inspections
reasonably necessary to enforce this ordinance. All authorized inspectors have the authority to
enter any rental dwelling or rental dwelling unit at all reasonable times. Each owner of a rental
dwelling or rental dwelling unit shall give the authorized city official access to any part of such
rental dwelling or rental dwelling unit at reasonable times for the purpose of inspection,
maintenance, repairs or alterations as are necessary to comply with the provisions of this
ordinance. If any owner, owner’s agent or occupant of a rental dwelling or rental dwelling unit
fails or refuses to permit entry to a rental dwelling or rental dwelling unit for an inspection pursuant
to this subdivision, the inspector may seek an administrative search warrant authorizing such
inspection.
Subd. 9. Summary action.
(1) Emergency. When the conduct of any owner or owner’s agent, representative, employee or
guest, or the condition of the rental dwelling or rental dwelling unit, or the property in or
on which it is located, is detrimental to the public health, sanitation, safety and general
welfare of the community, or guests of the rental dwelling or rental dwelling unit so as to
constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise
to an emergency, the Building Official has the authority to summarily condemn or close
individual rental dwelling units or areas of the rental dwelling as the Building Official
deems necessary.
(2) Posted to prevent occupancy. Whenever any rental dwelling or rental dwelling unit is found
to be unfit for human habitation under Section 41-8, subd. 9(1), it shall be posted by the
Building Official on the door of the rental dwelling or rental dwelling unit, whichever the
case may be, to prevent further occupancy. No person, other than the Building Official or
their designee, shall remove or alter any posting. The Building Official will post the date
the rental dwelling or rental dwelling unit shall be vacated and no person shall reside in,
occupy or cause to be occupied that rental dwelling or rental dwelling unit until the
Building Official permits it.
Subd. 10. License denial, suspension or revocation. Depending upon the circumstances, nature
and severity of the violation of any of the above-stated provisions, the City Council may hold a
license hearing for consideration of suspension, revocation or conversion to a provisional license,
6
if deemed appropriate. Any short term home rental license may be suspended or revoked for one
or more of the following reasons:
(1) It is the third substantiated and relevant complaint or violation of the ordinance within a
12-month period.
(2) The licensee has failed to pay all of the appropriate fees related to the license, or is
delinquent on any other city fees;
(3) The licensee has made fraudulent statements, misrepresentations, not fully disclosed
information or made false statements in the application for or in the course of the
licensee’s business;
(4) The licensee has been convicted of any crime or offense in the previous five years
involving or relating to the short term home rental business and the licensee has failed to
show competent evidence of sufficient rehabilitation and present fitness to perform the
duties of the business;
(5) The licensee has acted in an unauthorized manner or beyond the scope of the license
granted.
Subd. 11. Violations. A violation of this ordinance is a misdemeanor. However, the city may use
alternative enforcement methods, including issuing an administrative citation pursuant to Section
22-10.
Subd. 12. Lodging and Sales taxes. In addition to state sales tax, short term home rentals are
required to pay the city lodging tax directly to the city on a quarterly basis. The property owner
must provide information on a web-based booking service(s) used for the property. If no sales are
made during a quarter, a report must be submitted to the city stating that no sales were made or
lodging tax collected during that quarter.
Subd. 13. No warranty by city. By enacting and undertaking to enforce this section, neither the
city, nor its City Council, agents or employees warrant or guaranty the safety, fitness or suitability
of any rental dwelling or rental dwelling unit in the city. Owners and guests should take appropriate
steps to protect their interests, health, safety and welfare.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes, Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The ordinance regarding short term home rental regulations has been amended to eliminate
the class A, B, C and D licenses. All short term home rentals, except bed and breakfasts,
will require a license from the City Council and renewal applications may be
administratively approved. The ordinance establishes that no more than 50 licenses will be
issued to all zoning districts in which they are allowed, except the Central Business District,
which has no cap on the number of licenses.
SECTION 3. EFFECTIVE DATE. This ordinance shall be effective after its passage and
publication according to law.
7
Approved this _____ day of _________________, 2022.
ATTEST:
__________________________________ ____________________________________
Ted Kozlowski, Mayor Beth Wolf, City Clerk
Publish: Stillwater Gazette - _________________
City Council Meeting March 1, 2022
the height by a number of feet; to prohibit non-traditional structures, i.e. shipping
containers, or to allow them on a very temporary basis seasonally for storage, with design
guidelines. Staff will continue to research other communities' regulations and start working
on potential code amendment language.
Short Term Home Rental Discussion
Community Development Director Gladhill reported that as the popularity of Short Term
Home Rentals (STHR) continues to grow, staff would like to improve the program based on
recent applications and renewals. He requested direction on key policy areas, including
building code accessibility requirements (2020 Code Change), owner occupied
status/license type, enforcement, parking, and maximum licenses. Building Code
requirements for Type C Licenses (Non-Owner Occupied) present the primary concern
raised by prospective licensees and consumes the most amount of staff time in
administering the program. These are regulations that the City must administer; the City
does not have the choice to grant Variances to Building Code. A change from a single-family
dwelling to Type C Short Term Home Rental ( owner does not reside on site) represents a
change in occupancy classification and requires the owner to install accessibility
improvements. This can be challenging in historic homes. Staff recommends the following:
1) reinforce that conversions to Type C Licenses shall require accessibility improvements
pursuant to Building Code and that staff resources will not be allocated to finding alternative
paths to this requirement; 2) consolidate license types into Owner Occupied and Non-
Owner Occupied; 3) create a Short Term Home Rental Parking Permit to meet demands of
overnight guests; and 4) provide direction on maximum licenses. Additionally, staff
recommends that the City host a meeting with current licensees to discuss potential
changes.
Mayor Kozlowski indicated that his biggest concern is companies buying several properties
and running them as an LLC or investment. St. Paul, for example, limits these to two per
owner. He would like to allow homeowners to have a revenue generating opportunity to fix
up their old homes, but does not want STHR to be a vehicle for companies seeking profit.
City Attorney Land summarized that the issue is making sure the owner is maintaining the
property. To do that, the City can limit the number of properties it feels a single owner can
reasonably manage.
Councilmember Odebrecht remarked that Airbnbs are self regulating and the bar is very
high; bad reviews really impact them.
Mayor Kozlowski stated he would like to make sure they do not turn into event venues or
corporate properties, which would detract from the character of the neighborhood.
Councilmember Odebrecht suggested increasing the number of available licenses.
Councilmember Polehna noted that the hotels downtown represent a $30 million
investment and he sees no point in increasing the number of STHR licenses.
Councilmember Collins stated he would support increasing the number of licenses
downtown because there have been no issues.
Page 2 of 10
City Council Meeting March 1, 2022
Councilmember Junker stated before increasing the number of available licenses, he would
like to know how many of each type have been issued outside of downtown. Additionally,
the Council should not adjust the number of licenses without addressing parking needs.
Mr. Gladhill recapped that staff will bring back information on parking, consolidating license
types, limiting the number allowed per applicant, possibly switching to owner occupied
versus non-owner occupied, plus possibly increasing the number of licenses available
downtown. He added that at some point the City could create a STHR residential parking
pass as opposed to the 30-day residential parking pass.
STAFF REPORTS
Public Works Director Sanders explained MnDOT's request for a Jurisdictional Boundary
change along Hwy 36 to square off the boundaries.
Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve the
squaring off the boundary on the north side of Hwy 36 pursuant to MnDOT's original request,
continuing all the way west to the City's boundary. All in favor.
Mr. Sanders went on to report that there is a 40% chance of minor spring flooding. He shared
that MnDOT will contribute $225,000 to soil remediation on the Chestnut Plaza project.
Police Chief Mueller offered kudos to Community Resource Officer Brad Junker for the
Chamber Hero of the Year Award. He gave an update on personnel openings and interviews.
Mental health related calls continue. He reminded the public never to leave a car running
due to car thefts.
Fire Chief Glaser stated the Department responded to two structure fires. The Fire
Department Organizational Study will begin this week. The annual Relief Association
meeting is April 5.
Community Development Director Gladhill stated that the Assistant Planner position will be
filled soon. An electric vehicle charging station project is underway. The Chestnut Plaza
project is moving along.
City Administrator McCarty stated an RFP for the Police Department Operational Study has
gone out and a recommendation will be forthcoming. Staff has met with event organizers
and will get input from Commissions and bring the event policy back to the Council. The
bonding bill has been drafted and is scheduled for hearings. Senator Housley's bill has been
introduced requesting the DNR to not enforce all the elements of the litigation in the White
Bear Lake court case.
IT Manager Holman reported that the cybersecurity audit is starting. New help desk
software will be coming soon. She and the Council offered kudos to IT employee Rich Barnt
for his work pulling information together for the EOC.
Library Director Troendle updated the Council on library services and events listed on the
new web site.
RECESS
Mayor Kozlowski recessed the meeting at 6:17 p.m.
Page 3 of 10
City Council Meeting May 3, 2022
Councilmember Polehna responded the risk is too high for what the City went through with
the lawsuits. He does not want it on his conscience that another child died there.
Mayor Kozlowski agreed it was a tragedy, but the amoeba exists in every body of water. At
some point there has to be some science that will allow the lake to be swimmable again.
Councilmember Junker noted his entire teenage life was related to swimming in Lily Lake.
Then the softball field came and Lily Lake became even more of a focal point of recreation.
Councilmember Odebrecht stated he is very supportive of the guiding principles. The big
question is the need for a data-driven approach to reopening swimming.
Councilmember Collins pointed out that hundreds of hours went into the preparation of the
proposal. The Council should move forward on short term improvements.
Motion by Councilmember Polehna, seconded by Councilmember Collins , to make the drives in
and out of Lily Lake Park one way. All in favor.
Councilmember Polehna commented he will never vote to allow swimming.
The Council directed staff to investigate water quality standards related to swimming, and
research cost estimates for the recommended improvements.
City Attorney Land pointed out the plan has not been adopted by the City at this point. The
topic will be brought back for future adoption of a plan and a budget.
Sus t a in a bl e St illwa t er Presen tati on
Community Development Director Gladhill noted with help from Sustainable Stillwater,
Stillwater has achieved Level 2 and working on Level 3 of the GreenStep Cities program.
Roger Tomten, Chair, Sustainable Stillwater, provided an update on the City's participation
in the GreenStep Cities Program and an update on Sustainable Stillwater's current initiatives
and accomplishments, as well as future partnership opportunities.
Linda Countryman, Sustainable Stillwater, stated that initially, Sustainable Stillwater
decided to use the GreenStep Cities program because it provided a guide for environmental
best practices. None of it is required, it is voluntary and the City is moving at its own pace.
The next priority is to develop a climate action plan in partnership with the City as the
roadmap to follow to protect the people, property and economy from climate change. They
are asking the City to hire a consultant to create a baseline for the plan, and hope to return
to the Council in June with examples of climate action plans that other cities have done.
Council consensus was to add the Climate Action Plan to the 2023 budget discussion.
Short Te rm Hom e Re ntal Regu la ti on s Di sc u ss ion
Mr. Gladhill led a high-level policy discussion on staff recommendations for streamlining the
City's Short Term Home Rental (STHR) License process. The biggest issue for staff is trying
to determine if a property is considered owner-occupied or not. He provided a model
ordinance from the City of West St. Paul that works well, and requested direction.
Mayor Kozlowski stated he likes the idea of eliminating the owner-occupied distinction and
limiting the number ofrentals per block in the residential area, but not limiting it downtown
Page 2 of 8
City Council Meeting May 3, 2022
where there is a lot of empty space on second and third floors. He finds it odd to require a
background check.
City Attorney Land stated background checks are very important to avoid granting a STHR
license to a predatory offender.
Mayor Kozlowski stated background checks seem more appropriate for long term rentals.
Attorney Land explained that state law requires background checks for property managers.
In West St. Paul, if someone manages more than three properties, they must use a property
management company. A city may require anyone it licenses to have a background check.
Councilmember Odebrecht stated STHRs are largely self-regulated. He has no problem
requiring a background check, but feels that requiring use of a property management
company for three or more properties is too onerous. He would like to see more STHRs
downtown.
Councilmember Junker noted there are major issues with parking downtown and for now
he would like to keep the limit of 10 STHRs downtown and resolve the parking issues.
The Council directed staff to move forward on drafting ordinance revisions.
Alc ohol in Ci ty Parks
Mr. Kohlmann presented a draft ordinance that would permit alcohol consumption without
a permit at all larger Community Parks, except Teddy Bear Park, per a discussion at the
December 7 Council workshop. Consumption would be prohibited in parking lots and in
event spaces unless purchased at the event.
The Council directed staff to initiate the ordinance amendment process for allowing alcohol
in all City parks, including the neighborhood parks, except Teddy Bear Park.
STAFF REPORTS
Public Works Director Sanders stated that alum treatment of Lily Lake will take place May
18-20. Hydrant flushing is 50% done. A sinkhole was discovered on Myrtle Street near Sixth
Street South. The riverwalk trail and walkway should be completed by the end of May and
Councilmember Polehna is setting up a ribbon cutting party for the trail opening.
Police Chief Mueller reported that the catalytic converter event went well. He thanked the
Public Works Department. He gave an update on body cameras and thanked the IT
Department. Police helped investigate a recent social media threat at the high school. Mental
health calls are still up. There will not be a high school graduation parade this year.
Finance Director Provos stated there will be a bond sale in two weeks and the audit is
underway.
Community Development Director Gladhill told the Council the new Assistant City Planner
will start May 9 and second interviews will be held next week for the City Planner position.
City Clerk Wolf alerted the Council to a Human Rights Commission training on Mental Health
on May 24.
Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the new
liquor license for Koch Companies Inc. dba The Dock. All in favor.
Page 3 of 8
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MEMORANDUM
Date: June 16th 2022
To: Mayor and City Council
From: Shawn Sanders Public Works Director/City Engineer
Re: Ordering Feasibility Report For 72nd Street Improvement
DISCUSSION
72nd Street between Northland Avenue and Rutherford Road is one of the last remaining
gravel roads in the City and serves as connection point between the Liberty and
Croixwood developments. The Engineering Department would like to study and analyze
the cost to improve the street with asphalt, concrete curbs, and a trail or sidewalk along
this corridor. Authorization of a feasibility study is the first step in the process. The
proposed project is shown on the attached exhibit.
RECOMMENDATION
Staff recommends council pass a resolution authorizing the preparation of a Feasibility
Study for street, utility, and trail and sidewalk improvements for 72nd Street Improvement
Project .
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting
Resolution No. 2022-___ RESOLUTION ORDERING PREPARATION OF FEASIBILITY
REPORT FOR 72nd STREET IMPROVEMENT (Project 2022-04).
City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-xxx
RESOLUTION ORDERING PREPARATION OF FEASIBILITY
REPORT FOR 72ND STREET IMPROVEMENT
PROJECT 2022-02
BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and that he is
instructed to report to the Council with all convenient speed advising the Council in a
preliminary way as to whether the proposed improvement is feasible and as to whether
it should best be made as proposed or in connection with some other improvement, and
the estimated cost of the improvement as recommended.
Adopted by the Council this 21st day of June 2022.
CITY OF STILLWATER
___________________________________
Ted Kozlowski, Mayor
Attest:
_______________________________
Beth Wolf, City Clerk
Date:
To:
From:
Re:
June 16, 2022
Mayor and City Council
Shawn Sanders, Public Works Director/City Engineer
Mid Oaks Lift Station Improvements
DISCUSSION
The Mid Oaks lift station is over 45 years old and was selected for replacement in the 2022
Utility Capital Outlay. The lift station is currently a wet well - dry well design with a fabricated
steel dry well pumping station. This lift station handles flow from the Mid Oaks neighborhood
and portions of the Croixwood neighborhood. The project will consist of converting the wet
well into a submersible pumping station and eliminating the dry well pumping station. This
will be more efficient and safer for City personnel to maintain.
Plans and specifications for the Mid Oaks Lift Station Improvement Project are complete and
staff is requesting approval for the plans and specifications and authorization to bid. Bolton &
Menk has prepared the ad for bid and will manage the bid process. Bid opening is scheduled
for July 19, 2022 and bid results will be presented to Council at the July 26th meeting.
RECOMMENDATION
It is recommended that Council approve plans and specifications for the Mid Oaks Lift
Station Improvement Project and order advertisement for bids for the project.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion adopting
RESOLUTION 2022- _____ APPROVING PLANS & SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR THE MID OAKS LIFT STATION IMPROVEMENT
PROJECT.
City of Stillwater,
Washington County, Minnesota
Resolution 2022-____
APPROVE PLANS & SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS FOR
MID OAKS LIFT STATION IMPROVEMENT PROJECT
WHEREAS, pursuant to a resolution passed by the Council on June 21st, 2022,
the City Engineer has prepared plans and specifications for the Mid Oaks Lift Station
Improvement Project and has presented such plans and specifications to Council for
approval.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
1.The plans and specifications presented by the City Engineer are hereby
approved.
2.The City Clerk is ordered to prepare and cause to be inserted in The Gazette
and online at QuestCDN.com the advertisement for bids upon the making of the
improvement under the approved plans and specifications. The advertisement
shall be published once in the Stillwater Gazette and for two weeks online at
QuestCDN.com and shall specify the work to be done, shall state that bids will
be received by the City Clerk until 11am July 19th on, 2022, at which time they
will be publicly opened at City Hall, 216 North Street, Stillwater, MN 55082
3.Bids will then be tabulated and will be considered by the Council at their next
regular Council meeting on July 26th, 2022, in the Council Chambers. Any bidder
whose responsibility is questioned during consideration of the bid will be given an
opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the Clerk an d accompanied by a cash
deposit, cashier's check, bid bond or certified check payable to the Clerk for ten
(10) percent of the amount of the bid.
Adopted by the Council this 21st, day of June, 2022.
________________________________
Ted Kozlowski, Mayor
Attest:
_______________________________
Beth Wolf, City Clerk
City of Stillwater’s 4th of July Celebration
Event Line up for 2022
3 pm – 10 pm Civil War Cannons from Battery I, 1st US Artillery
Mulberry Point in Lowell Park (201 Water St)
5:30 pm – 9:30 pm PreFireworks Concert at the Amphitheater Stage in Lowell Park
Nick Anderson & The Skinny (5:30 pm – 7 pm)
Bootleg (8 pm – 9:30 pm)
7 pm – 9 pm St. Croix Jazz Orchestra at the Pioneer Park Bandshell (515 N. 2rd St)
Dusk (approx 10 pm) FIREWORKS by RES Specialty Pyrotechnics
Over the St. Croix River and Historic Lift Bridge
Fireworks Raindate is July 5, 2022
Fireworks are provided by generous donations from:
Cub Foods
Margaret Rivers Foundation
DBA Partners
PD Pappy's & St. Croix Boat & Packet
The Lumberjack
Midtown Antiques, River Siren Brewing
Leo’s Grill, Gloria’s To Go, Stillwater Trolley and River Jeans
Downtown Parking Information
Lot 1 Open pay lot
Lot 2 Closed
Lot 3 Open free 3 hour limit with extra Handicap parking
Lot 4 & 5 Closed
Lots 6 & 7 Open free 3 hour limit
Lot 8a Open after 6 pm with no hourly limit
Lot 8b Open free 4 hour limit with extra Handicap parking
Lot 9 Closed
Lot 10 Open free all day
Lot 11 US Artillery members only
City Parking Ramp - $10 event parking
On-street parking – free 3 hour limit (Mulberry St circle closed)
Designated viewing area is available for
Veterans at the Pedestrian Plaza in Lowell Park.
Visit the city website for a printable city parking map:
www.ci.stillwater.mn.us/community/amenities/parking-information
BOARD AGENDA
Board of Commissioners
Fran Miron, District 1
Stan Karwoski, District 2
Gary Kriesel, District 3
Wayne A. Johnson, Chair, District 4
Lisa Weik, District 5
June 21, 2022 - 9:00 AM
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call (651) 430-6000
Washington County is an equal opportunity organization and employer
Because of the continuing COVID-19 Pandemic first declared by the World Health Organization on March 11, 2020,
some or all of the County Board members may participate in this meeting by telephone or other electronic means
and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The
County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County
Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in
person, or view/monitor the meeting electronically from a remote location via live webstream.
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 Call
Pledge of Allegiance
2. 9:00 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is
listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or
the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments.
Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members
will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's
presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities.
3. 9:10 Consent Calendar - Roll Call Vote
Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
A. Approval of the June 7, 2022, County Board meeting minutes.
B. Approval to appoint Samuel Rosemark to a full first-term expiring June 30, 2025, as the
District 2 Representative on the Family Homelessness Prevention Assistance Program
Committee.
C. Designation of Wayne Sandberg as the voting delegate for the 2022 National Association of
Counties (NACo) Annual Conference from July 21, 2022 to July 24, 2022.
D. Approve amendment for Grant Contract No. 14901 between the Department of Human
Services and Washington County, in the amount of $297,300 for the period of June 1, 2022,
through March 31, 2024, for the Community Living Infrastructure (CLI) program.
E. Approval of Contract Amendment No. 3 to the Lifescale Analytics Contract No. 13860 for the
implementation of an Information Technology Steering Committee.
F. Accept a donation in the amount of $15,000 from HealthPartners.
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
4. 9:10
5. 9:30
Community Services - Rebecca Motzko, Social Services Supervisor
A.Recognition of the 2022 Washington County Family Child Care Provider of the Year.
Washington County Community Development Agency - Karly Schoeman, CDA Deputy
Executive Director
A. Adopt a resolution approving the amendment to the Washington County’s 2021 Annual Action
Plan for the HOME Investment Partnership Program American Rescue Plan and authorizing
submission of such grant request to the U.S. Department of Housing and Urban Development.
6. 9:45 Public Works - Erica Ellefson, Accounting Supervisor
A. Approve permanent use of fund balance in Fund 216 Gold Line in an amount not to exceed
$17,530,900.
7. 10:00
8. 10:30
Office of Administration - Amanda Hollis, Senior Planner, and Jade Arocha, Director of Survey
Research at Polco/National Research Center
A.Presentation of 2022 Washington County Residential Survey Results
Public Works continued - Mitch Bartelt, Engineer II (item A)
- JJ Williams, Parks Guest Services Supervisor II (item B)
10:30
10:45
A. Award the bid and authorize execution of Contract No. 14831 in the amount of $1,727,708.57
with JL Theis, Inc. for the CSAH 14 Signal Replacement and Trail Construction project.
B. Adopt a resolution in support of Park and Recreation month, proclaiming the month of July as
Park and Recreation month in Washington County parks and trails, and proclaim the first non-
holiday Tuesday of every month a Free Tuesday, waiving the vehicle permit required to enter
Washington County parks.
9. 11:00 Sheriff's Office - Sheriff Dan Starry
A. Authorization to transfer ownership of Washington County Sheriff's Office K9 Vader to his
handler, Sergeant Allen Degel.
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
12.
13. 11:40
Board Correspondence
Executive (Closed) Session - Public Works - Sharon Price, Property Acquisition Manager
A. Executive (closed) session pursuant to Minn. Stat. § 13D.05 subd. 3(c) to develop or consider
offer for purchase of real property located at PID 25.028.21.22.0004 for inclusion into the
Washington County Public Works South Shop and Public Health Household Hazardous Waste
Environmental Center Campus.
14. 12:05 Executive (Closed) Session - Administration - June Mathiowetz, Senior Planner
A. Executive (closed) session pursuant to Minn. Stat. § 13D.05 subd. 3(c) to review the appraisal
of the property located at PIDs 09.031.20.23.0003 and 09.031.20.24.0001 in regards to the
potential purchase of a County Land and Water Legacy Program Conservation Easement in the
Carnelian Creek Corridor.
15. 12:35 Adjourn
16. 12:35-12:55 Break
1:00
2:00
Reconvene as the County Board of Appeal and Equalization
Board Workshops with Public Health & Environment - Natalie Vasilj, Sr. Community Health
Specialist (item A)
- Nikki Stewart, Sr. Environmental Resource Manager (item B)
2:00-2:40 A. Introduction of Public Health and Environment's resilience initiative, The WellSpring Project.
2:40-3:10 B. Proposed 2023 amendments to Ramsey/Washington Recycling & Energy Board (R&E Board)
budgets.
10. 11:15
11. 11:25
General Administration - Kevin Corbid, County Administrator
Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information,
or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will
be scheduled for a future board meeting.
BOARD AGENDA
Board of Commissioners
Fran Miron, District 1
Stan Karwoski, District 2
Gary Kriesel, District 3
Wayne A. Johnson, Chair, District 4
Lisa Weik, District 5
June 14, 2022 - 3:30 PM
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
Because of the continuing COVID-19 Pandemic first declared by the World Health Organization on March 11, 2020,
some or all of the County Board members may participate in this meeting by telephone or other electronic means
and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The
County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County
Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in
person, or view/monitor the meeting electronically from a remote location via live webstream.
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.
1:30
2:00
Finance Committee
Board Workshop with Public Health & Environment - Nikki Stewart, Sr. Environmental
Resource Manager
A.Discuss proposed 2023 amendments to Ramsey/Washington Recycling & Energy Board
5 (Board) budgets.
3:30
3:30
3:45
Roll Call
Pledge of Allegiance
Oath of Office - Washington County Attorney
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. 3:00 Board Workshop with Public Works - Erik Jalowitz, Building Services Capital Projects Manager
A. Review land for sale adjacent to Washington County South Public Works Shop and
Environmental Center.
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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
&Adopt a resolution to approve Land and Water Legacy Program conservation and access
easements for the Haas property in Hugo.
'Adopt a resolution to set the 2022 salary for the County Attorney and approve leave ofabsence.
(Approval to reappoint Chris Eng to a third term expiring June 30, 2025, as an Economic
Development position on the Workforce Development Board.
)Approval to reappoint Dr. Eric Riedel to a full first term expiring June 30, 2025, as an
Education position representative on the Workforce Development Board.
*Approval to reappoint Julie Stromen to a full first term expiring June 30, 2025, as a business
representative on the Workforce Development Board.
+Approval to reappoint Christine Dressel to a third term expiring June 30, 2025, as a Business
Representative on the Workforce Development Board.
,Approval to reappoint Clare Lillis to a third term expiring June 30, 2025, as the District 1
representative on the Community Development Block Grant Advisory Committee.
-Approval to reappoint Kris Roberts to a third term expiring December 31, 2024, as a Consumer
Representative on the Mental Health Advisory Committee (Local Advisory Committee).
.Approval to add 0.5 FTE Case Aide for the Crisis Response Unit in the Community Services
Department.
/Approval to add a 1.0 FTE Social Worker for the Homeless Outreach Services Team and
Economic Assistance teams in the Community Services Department.
0Approval to modify Section 16 (Leaves of Absence) of the Human Resources Personnel Rules
and Regulations.
1Approve MNLINK Server Site Extension Agreement of Contract No. 6690 between the
Regents of the University of Minnesota and Washington County Library for the period of July
1, 2022, through June 30, 2024.
A. Approval of the May 24, 2022, County Board meeting minutes.
B. Approve revisions to Policy #1811 Electronic Communications.
7. 3:55
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.
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
31. Approve Construction Cost Agreement No. 14775 with the City of Cottage Grove for the
Goodview Ravine Repair Project on County State Aid Highway (CSAH) 22.
Approve Maintenance Agreement No. 14774 with the City of Cottage Grove for the
Goodview Ravine on CSAH 22.
8. 3:55 Accounting and Finance - Tabatha Hansen, Director
A. Adopt a resolution awarding the sale of taxable general obligation bonds (Land and Water
Legacy), Series 2022A; fixing their form and specifications; directing their execution and
delivery; and providing for their payment.
9. 4:10
10. 4:20
General Administration - Kevin Corbid, County Administrator
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.
11.
12. 4:35
Board Correspondence
Adjourn
13. 4:35-5:00 Break
14. 5:00 PM Washington County Board Convenes as the Board of Appeal and Equalization
A. County Board of Appeal and Equalization
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STILLWATER TOWN BOARD MEETING
May 19, 2022 Township Hall - *Hybrid 7:00 P.M.
PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Mike McMahon, Tim Sinclair,
Robert Geisen and Rod Hunter. Clerk Barbara Riehle, Community Service
Officer Mark Caroon and Planner Evan Monson.
REGULAR MEETING
1. AGENDA – M/S/P Sinclair/Geisen moved to adopt the amended agenda to include
signing recycling Grant paperwork; reading library letter; postcard quote. (5 ayes)
2. MINUTES – M/S/P McMahon/Sinclair moved to approve the 04/21/22 Regular
meeting minutes which include closed session portion. (5 ayes)
M/S/P Geisen/McMahon moved to approve the 04/28/22 Regular/Public meeting
minutes. (5 ayes)
3. ATTORNEY- Not present.
4. ENGINEER – Not present. Current Snow removal and Road & Trail Maintenance
contracts expire in November 2022. Next month the updated bids should be ready for
review.
5. TREASURER –
a. Not present – no report given.
b. Claims and Checks #23829 through #23851 were approved for payment.
6. PLANNER- Evan Monson was present to give an overview recap of the AOP
discussions which was previously tabled from both March and April meetings. There
were items the Town Board were to looking into.
1.) Watershed permits.
2.) Washington County Planner, Kurt Howard and the “Grandfathered” status
3.) Clay liner status.
Steve St. Claire reported that he talked with Mike Isensee the Administrator at Carnelian
Marine St Croix Watershed District (CMSCWD) who issued a Conditional permit in
October 2020 and had some Engineering questions at that time. They have since hired
a new Engineering firm, Sunde, and now they are working to complete (within a
month). Sunde provided the technical engineering calculations to CMSCWD. Stillwater
Township has not received any notification from Mr. Isensee that this has been
completed and therefore its status is pending at this time.
Supervisor Untiedt spoke with Planner Kurt Howard at Washington County regarding
“Grandfather status”. He is not taking a position nor making a statement on the issue.
Supervisor Sinclair asked whether our Attorney has been consulted on this matter ?
Steve St Claire reported that Sunde completed the clay liner status review. They came
out and did some test excavation and verified. The infiltration/storm water
Stillwater Town Board Mtg. – 051922 Page 2
management/recycle stock pile area was reviewed and Sunde put together their site
plan. They want to make improvements based on storm water management quality.
Supervisor McMahon asked how much is done already, and where is the water going?
Mr. St Claire stated the water is retained and managed on site but he cannot answer in
more detail as that is an Engineering/MPCA question. Supervisor McMahon believes this
report has been required but not done. Supervisor Sinclair listed and read some of the
CMSCWD concerns. Beyond the clay liner improvements, they looked at the sediment
basin to further manage the storm water through infiltration. There were concerns
around recycling with the run-off from rainfall events. CMSCWD does not manage
groundwater. MPCA would be the managing agency. Supervisor Hunter would like to
see our Attorney and Washington County Attorney have a conversation for clarification
regarding the “Grandfather status”.
The following discussions continued regarding the AOP Renewal Raleigh/Miller Mining
pit:
• Resident Brian Friermuth a directly close neighbor to the mine had concerns:
Run-off, groundwater, recycling Grandfather status confusion.
• MPCA asks for self-management and it is required to show Engineer proof.
• Resident Kacey Strandemo asked when the water goes into a retaining pond, who
tests the water and how often is it tested? Supervisor Sinclair asked Mr. Isensee
who told him that the Washington County Planning Advisory Commission has
authority on time and frequency of testing under direct recommendations from
CMSCWD. Has it been tested in the last 16 years? The reports have yet to be
seen. What then will the Township do if it doesn’t meet the standards? Not issue
the permit. If conditions are not met, and corrective action is not taken, then t he
Township would have the authority to revoke the permit.
• Resident Kelly Steele stated that a business should be required to follow
regulations. Any business should already have compliant reports every year.
• Steve St Claire stated that asphalt/concrete is a beneficially used product that has a
special statute by MPCA.
• Supervisor McMahon read Subsection-7 regarding Solid Waste Storage (A-F);
Statute 7035.2855 states anyone with beneficial use/Storage, is requires written
by a Certified MN Licensed Engineer stating that the storage facility is designed
and constructed and meet the requirements.
• A written certification from an Engineer would be a requirement saying it meets all
the subsection 7; Sunde and Township Engineer Mike Nielson will be asked to
communicate.
• Resident Brian Friermuth asked whether there is any verification of how many loads
are going through?
• Private Third-party Independent water testing to be done 2x/year and be reported
back as a condition- frequency, standards.
• The requirements may vary for each organization. MPCA, CMSCWD, Washington
County, Brown’s Creek Watershed District.
• Resident Mitch Reiners spoke on the North/South pit Grandfathered status concerns.
Mr. Reiners also spoke on the storm water run-off through the recycled
aggregate/concrete, but Chapter 7 of the Conditional Use of mining regulations of
imported soil & fill has not been addressed. Chapter 7 requires all clean fill to be
Stillwater Town Board Mtg. – 051922 Page 3
tested prior to being entered into the pit for compounds and heavy metals. This
has not been done.
• Big projects versus residential projects. Written certified testing and reporting.
• MPCA guidelines and Washington County mining regulations 7.2.
• Following the 4/28/22 TB meeting; Mr. Reiner’s was asked to provide a detailed list
to the Town Board Supervisors of concerns/violations. i.e., setbacks, depth of
mine.
• Mining operation within the setback – Steve St Claire reports they stake it out with
the Surveyor.
• Mr. Reiner’s sent a 78-page report to the Town Board Supervisors for their review.
• Setbacks should be reviewed by a surveyor. Washington County should be consulted
on this topic.
• Supervisor Sinclair suggests an official letter from Planner/Attorney be sent to
Washington County to address our resident concerns and request follow through.
It should be copied to Commissioner Gary Kriesel and Planner Kurt Howard and
Public Health Dept.
• Recap of follow up:
o Ask County – water testing plans?
o Fill soil – testing requirements
o Grandfathering – Attorneys to talk
o Status CMSCWD on permit
o Written Engineer MN Licensed Certification report (Sunde) meets
requirements of Storage Facility 7035-2855 Subpart 7.
o Third-party independent water testing – applicant will hire someone to
supply that service.
o Write Official letter to Washington County regarding setbacks
• Depth of pit – water table concern – Washington County issue
• Engine braking – call or email Miller to report the truck numbers and names. They
will continue to work with CSO Mark Caroon and Sheriff Office for targeted
enforcement.
7. COMMUNITY SERVICE DEPARTMENT – Mark Caroon was present to give a report.
• There were 5 burning permits issued in April.
• There was 1 dog impounded in April that went out for adoption via rescue.
• There were 4 animal complaints in April.
• There were 57 total monthly calls for April.
• CSO Caroon reported on the Special Events permit issues for the Stillwater Half
Marathon Run 5k happening on May 28 (7am-12pm) – State Patrol is hired for the
crossing at Hwy96/Norell. The course is posted and has not changed from
previous years.
• Bear sightings increased – keep bird feeders in.
• Please allow 48-hours to issue a burn permit. Yes, he comes out to look at the pile.
8. CLERK
A. Redistrict Polling Place Resolution, Precinct and Maps – Clerk Riehle has posted
this information to the website and the bulletin boards. More information to come
regarding the Primary.
Stillwater Town Board Mtg. – 051922 Page 4
B. Chair to Sign Recycling Grant– Chairperson Supervisor Sheila-Marie Untiedt
signed the recycling grant form. This will be submitted.
C. Ad-Hoc Committee – The committee will continue to meet. Monday, May 23rd at
2pm is the next meeting. Residents were encouraged to watch the Community Events
calendar on the website where the most up to date information can be found.
D. Library letter – Clerk Riehle read aloud a thank you letter for our Township
donation from Library Director Mark Troendle.
9. PLANNING COMMISSION – No report.
10. PARK COMMITTEE – No Report. They recently met for a park tour.
11. COMMUNICATION COMMITTEE – Clerk Riehle reported. Collaboratively with the Ad-
Hoc committee, the committee would like to reach all households in our Township
community by sending a postcard out that coincides with the newsletter distribution. By
doing this, it is the hope to get high participation to take the Internet speed test which
is password sensitive. The postcard will have this information. In addition, Code Red
was also discussed as an option, again hoping for high participation.
M/S/P McMahon/Geisen moved to approve up to $400 expenditure for the postcard.
(5 ayes)
12. OLD BUSINESS
• HVAC Bids - Supervisor Tim Sinclair would like to utilize the available Covid-19
monies, if possible, for this. Supervisor Mike McMahon is working on bringing bids
in when time allows.
13. NEW BUSINESS – No report.
14. ADJORNMENT – M/S/P Sinclair/McMahon moved to adjourn the meeting.
The meeting was adjourned at 8:55 P.M. (5 ayes)
Clerk______________________________________
Chairperson_________________________________
Approved___________________________________
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