HomeMy WebLinkAbout2023-03-21 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
Notice: Mayor and two Councilmembers will be participating by interactive technology as allowed under Minn.
Stat. §13D.02, from Four Seasons Hotel, 4591 Blackcomb Way, Whistler,
BC V8E 0Y4, Canada, The Grand Mayan Nuevo Vallarta, MPM7+G3,
Blvrd Riviera Nayarit 254, 63735 Nuevo Vallarta, Nay, Mexico, and
Fairfield Inn and Suites, 13201 Overseas Hwy, Marathon, Florida 33050
AGENDA
CITY COUNCIL MEETING
March 21, 2023
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. RECOGNITIONS OR PRESENTATIONS
1. Certificate of Retirement for Nick Chaves – Resolution
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. March 7, 2023 Workshop and Regular Meeting Minutes
11. Payment of Bills
12. 2023 Street Improvement Project Accept Bids and Award Contract – Resolution
13. Declaring State of Emergency for Flood – Resolution
14. Finding of Facts on Denial of Design Approval for 1824 1st St N – Resolution
15. Inflow and Infiltration Grant Certification Approval – Resolution
16. North Hill Community Garden License Agreement for Staples Field Park
17. On-Sale Intoxicating Liquor License with Sunday Sales for You and Me Café – Resolution
18. Seasonal Maintenance Worker Maintenance I Compensation Adjustments – Resolution
19. Social Media Management Contract Agreement
20. St. Croix Valley Recreation Center Lighting Purchase Request
VIII. PUBLIC HEARINGS – None
IX. UNFINISHED BUSINESS
X. NEW BUSINESS – None
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
1
Beth Wolf
From:Lynne Freezy <Lynne.Freezy@co.washington.mn.us>
Sent:Thursday, March 16, 2023 7:58 AM
Cc:Amy Stenftenagel; Joyce Larson; 'Chase Peloquin'; 'Patrick Poshek'; Todd Smith; Lisa Young; Matthew
DeFlorin; R Nelson; Rebecca Heili
Subject:2023 Washington County Assessment Report & Related Sales Information
[CAUTION] *** This email originated from outside the organization. ***
Do not click links or open attachments unless you recognize the sender and know the content is safe.
Good Morning Clerks & Administrators,
The 2023 Washington County Assessment Report is now available for viewing/downloading. The Report can be accessed
on the Washington County Assessor’s website, under Appraisal Reports. In addition to the Assessment Report, the Sales
Ratio Report and the Final 2023 Local Board of Equalization and Open Book Schedule are also available online.
Please direct your Township Supervisors or City Council members to these reports, and/or download or print the reports
and distribute as necessary. The Reports, and other information included on the website are a good resource for Local
Boards of Appeal & Equalization, City and Township Boards, and your residents wishing to dispute their property
valuation or classification.
Let me know if you have any issues with the embedded links above, or if you have any questions regarding the data
provided in the Appraisal Reports.
Best Regards,
Lynne Freezy |Assessment Coordinator
Pronouns: she/her/hers
Washington County Assessor’s Division
14949 62nd Street North, Stillwater, MN 55125
Desk: 651.275.8640 |Mobile: 651.200.9253
A great place to live, work and play…today and tomorrow
Appraisal Report available here: https://washington.minnesotaassessors.com/forms.php
Additional Information available here: https://washington.minnesotaassessors.com/index.phpFYI
CITY OF STILLWATER LIST OF BILLS
1ST Line/Leewes Ventures LLC Snacks for concessions 445.25
Ace Hardware Supplies 102.60
Adam's Pest Control Pest control 255.00
Advance Auto Parts Equipment repair supplies 559.16
Amdahl Locksmith Inc Chris Service call for lock 227.00
Arrow Sports Group Figure skating gloves 29.99
AT&T Mobility 6813 FirstNet Locator 38.23
Axon Enterprises Computer equipment 62,491.71
BerryDunn Professional services 19,750.00
BlueCross BlueShield Group Medicare Retiree Health Insurance 14,637.50
BlueCross BlueShield of MN Inc. Retiree Health Insurance 22,244.19
Bolton & Menk Inc. St Croix River Structure 3,457.00
Brines Market Bagged lunches 76.47
Bruce Christopher Seminars Wellness seminar - Bambi vs Godzilla 1,500.00
Cintas Corporation Uniforms, towels & mats 320.92
Coca-Cola Distribution Beverages for concessions 605.19
Cornerstone Land Surveying Lumberjack Landing Trail Add 1,100.00
Crysteel Truck Equip Power unit 1,050.52
Cub Foods CISD Meeting 87.36
Darwin Design LLC Teslin synthetic paper 475.00
DVS Renewal Unmarked 2021 Dodge Durango 38.50
ECM Publishers Publications 130.00
Enterprise FM Trust Lease vehicles 11,000.98
FleetPride Equipment repair supplies 224.83
Grainger Too box 2,453.35
Group Medicareblue RX Retiree Prescriptions Ins 19,928.00
Guardian Supply Uniforms 41.98
Guiterra Emilio Refund of review fees 75.00
Hawkins Inc Chlorine 140.00
HKGi Lumberjack Landing Improvements 1,737.25
Holiday Circle K - Wex Bank Fuel 903.17
Honor Guard Clinic Training 75.00
Indianhead Glass Inc Glass 2,780.95
International Code Council Classes 714.00
Kelly & Lemmons PA Prosecution 8,476.20
Lawson Products Fleet repair supplies 1,157.61
League of MN Cities City Day on the Hill 375.00
League of MN Cities Ins Tr Workers Comp Insurance 92,746.00
LeVander Gillen Miller PA Professional services 17,229.95
Lincoln National Life Insurance Co COBRA Life Insurance 7.20
Lockridge Grindal Nauen PLLP Labor Relations 3,333.33
Loffler Companies Police Dept Upgrade 6,755.97
Madden Galanter Hansen LLP Labor Relations Services 3,106.51
Mansfield Oil Company Fuel 9,251.59
Marie Ridgeway & Associates Mandatory check in 120.00
Menards Supplies 1,202.39
Metropolitan Council Environmental Wastewater Charge 181,840.36
MidAmerica Inc Waste processing 2,811.22
Midwest Machinery Co Equipment repair supplies 264.40
Miller Excavating Millbrook West Parking Lot Project 3,391.53
MK Mechanical Inc Replaced burner at Mick's shop 2,567.00
NAC Mechanical and Electrical Services Equipment repair - rooftop unit 619.00
National Reprographics LLC Scans 674.00
Nuss Truck & Equipment Equipment repair supplies 1,322.10
O'Reilly Auto Parts Equipment repair supplies 74.49
Pember Companies Chestnut St Plaza 510,486.30
Pepsi Beverages Company Beverages for concessions 640.12
Performance Plus LLC Drug screen 45.00
PermitWorks LLC Software plans 2,685.00
Pump & Meter Service Inc. Shop Hoist/Mobile Column Lifts 74,000.00
Query Jonathan Refund of fees 50.00
Quill Corporation Office supplies 308.21
Reliance Electric Motors Equipment repair 3,489.99
Riedell Shoes Inc. Skates 149.60
Spartan Promotional Group No Parking Anytime signs 273.02
Springbrook Software Monthly UB web payments 623.00
Stillwater Area Baseball Refund of double payment 2,970.00
Stillwater Collision and Mechanical Vehicle repair 364.73
Stillwater Motor Company Vehicle service 2,220.00
Stillwater Towing Towing service 750.00
Taft Stettinius & Hollister LLP Long Lake Project 4,300.00
Titan Machinery Shakopee Equipment repair supplies 414.79
TKDA Chestnut St Civic Plaza & Lily Lake PRV 3,745.97
Tri-State Bobcat Bobcat angle broom & repair supplies 5,466.77
Twin Cities Dots & Pop Treats for concessions 864.00
Uline Inc Equipment and supplies 3,439.34
Verizon Wireless Wireless Service 3,164.32
Voyant Communications Phone 547.89
Washington Conservation Distr 2022 BMP Maint 4,903.24
Washington County Property Records Year End Reports 425.00
WSB & Associates Inc. Pond Survey & Sampling 1,237.00
LIBRARY
Amazon Business Materials 306.84
Blackstone Publishing Materials 169.58
Brodart Co Materials 4,293.48
Chan Karen Programs 780.00
Comcast Internet 188.10
Huebsch Service Towels & Rugs 136.91
Menards Janitorial Supplies 142.80
Office of MN IT Services Phone 148.35
Star Equipment Inc. Delivery Lift Repairs 400.82
CREDIT CARDS
Ace Hardware Ice scrapers 38.63
Amazon.com Supplies 277.43
AMEM Membership 200.00
BCA Training Training 650.00
Blue Beam Plan review software - 4 1,200.00
Dream Host Website Hosting 19.95
Grand Pizza & Catering Meals for HPC Workshop 72.48
HERO Training Center Course registration - Crosbie & McBroom 1,799.98
IAPE Membership - Brad Junker 65.00
Len's Family Foods Programs - Adult (Friends)40.00
Lowes Home Centers Inc. Wire mold for new office 78.88
Metro Emergency Managers Assoc Membership 50.00
Minnesota Assoc of Property & Evidence Techs Membership 35.00
MN Crime Prevention Assn Membership 50.00
Office Max Supplies for temp signage in ramp 27.04
Staples Advantage Label maker & label tape 106.80
Stillwater Gazette Gazette Subscription - Gladhill 3.00
Washington County Hazardous Waste 2023 Hazardous Waste Generators Permit 106.00
ADDENDUM
Aspen Mills Uniform Supplies 67.76
Comcast Internet, Cable & Phone 1,485.20
ECM Publishers Publication 14.25
Force Science Training 1,495.00
SEH Inc Street project 5,923.52
Tuvnes Jillian Park Fee Refund 50.00
Xcel Energy Energy 15,704.34
TOTAL 1,170,712.38
Adopted by the Stillwater City Council this
21st day of March, 2023
Mike Polehna Vice Mayor
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
Notice: Mayor and two Councilmembers will be participating by interactive technology as allowed under Minn.
Stat. §13D.02, from Four Seasons Hotel, 4591 Blackcomb Way, Whistler, BC V8E 0Y4, Canada, The
Grand Mayan Nuevo Vallarta, MPM7+G3, Blvrd Riviera Nayarit 254, 63735 Nuevo Vallarta, Nay,
Mexico, and Fairfield Inn and Suites, 13201 Overseas Hwy, Marathon, Florida 33050
AGENDA
CITY COUNCIL MEETING
March 21, 2023
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. RECOGNITIONS OR PRESENTATIONS
1. Certificate of Retirement for Nick Chaves – Resolution
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. March 7, 2023 Workshop and Regular Meeting Minutes
11. Payment of Bills
12. 2023 Street Improvement Project Accept Bids and Award Contract – Resolution
13. Declaring State of Emergency for Flood – Resolution
14. Finding of Facts on Denial of Design Approval for 1824 1st St N – Resolution
15. Inflow and Infiltration Grant Certification Approval – Resolution
16. North Hill Community Garden License Agreement for Staples Field Park
17. On-Sale Intoxicating Liquor License with Sunday Sales for You and Me Café – Resolution
18. Seasonal Maintenance Worker Maintenance I Compensation Adjustments – Resolution
19. Social Media Management Contract Agreement
20. St. Croix Valley Recreation Center Lighting Purchase Request
VIII. PUBLIC HEARINGS – None
IX. UNFINISHED BUSINESS
X. NEW BUSINESS – None
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
City of
Stillwater, Minnesota
Mayor
RESOLUTION 2023‐046
Nick Chaves
WHEREAS, Nick Chaves is retiring from his position as
Public Works Superintendent - Streets for the City of Stillwater,
effective April 3, 2023.
NOW THEREFORE, BE IT RESOLVED, by the City Council of
the City of Stillwater, Minnesota, that for his service to the City
of Stillwater, Nick is hereby commended for serving the City for
29 years. The Council extends their appreciation for his
dedicated service.
BE IT FURTHER RESOLVED, that the City Clerk is hereby
authorized and directed to enter this Certificate of Appreciation
upon the official record of the Council and to deliver a certified
copy thereof to Nick Chaves.
Adopted by the City Council this 21st day of March, 2023.
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
March 7, 2023
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:30 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht
Absent: Councilmember Polehna
Staff present: City Administrator Kohlmann
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill
Finance Director Provos
Fire Chief Glaser
Deputy Fire Chief Ballis
Police Chief Mueller
Public Works Director Sanders
Library Director Troendle
OTHER BUSINESS
Mobile Food Units
Community Development Director Gladhill reviewed regulations pertaining to Mobile Food
Units (Food Trucks) in the Central Business District and surrounding Neighborhood
Conservation District. Currently, the units are subject to the Design Guidelines, require
Heritage Preservation Commission (HPC) approval if they remain on a site for more than 20
hours, and are not allowed on public property unless part of an event permit. The HPC has
discussed not allowing mobile food units to be parked overnight, requiring that they be
removed from the site when not in use, and having a seasonal limitation or limit on the
number of days per year that a unit could be stored overnight. Staff requested direction to
start drafting code amendments.
Councilmember Odebrecht favored not allowing food trucks to remain overnight;
Councilmember Collins favored only allowing them May 1 - Oct 31; and Mayor Kozlowski
stated the goal is for the units to not be permanent; maybe 180 days max.
Mr. Gladhill will bring possible language forward to a future meeting.
Sundance Stillwater Development
Community Development Director Gladhill reviewed an application from Timberland
Partners for a Zoning Map Amendment to facilitate the development of a 187-unit
townhome development at the southeast intersection of Manning Avenue and 80th Street
North (also connects to Boutwell Road North). The applicant is requesting the Zoning Map
Amendment prior to commencing design on the Preliminary and Final Plat, in order to avoid
significant costs in the event the Zoning Map Amendment is not approved. He explained the
City Council Meeting March 7, 2023
Page 2 of 10
process of zoning amendments including public input. He added the developer has a
purchase agreement with deadlines, and requested Council give direction on project.
Mayor Kozlowski asked if such a significant change in density would require a traffic study;
and Mr. Gladhill answered that staff would recommend a traffic study for a project of this
scope.
Councilmember Collins inquired if Washington County would allow access off Manning, and
Mr. Gladhill replied that he does not think so; traffic from the development would all go to
80th Street.
Ryan Sailer, Vice President of Real Estate Development with Timberland Partners, explained
the project: 187 townhome-style apartments managed by the developer, on approximately
24.27 acres located at 80th Street North and Manning Avenue. The City’s Comprehensive
Plan talks about density of 6-14 units and the density proposed is 10.87 units per acre, in
the middle range.
Mayor Kozlowski remarked, looking at the Sundance project in Woodbury, he has no reason
to oppose it at this time, unless staff has concerns about utilities, drainage and traffic.
Mr. Gladhill stated if the Council wants to lower the Comp Plan density for this parcel, the
City could attempt to amend the Comp Plan and future land use map through the Met
Council.
Mr. Sailer stated the site plan incorporates feedback from the neighbors to the east, and is a
better version than done in Woodbury because all the garages are in-loaded. He explained
the townhome style, amenities and on-site management, housed inside a 5,000 square foot
clubhouse. The average square footage is 1,200. Tenants will be young professionals who
want to get into the community but cannot afford to buy, and people who are downsizing
and want to stay in the community. Less than 10% of the residents have kids. The land is a
good candidate for rezoning and is appropriately guided. There is a need for attainable life
cycle housing, there are four willing sellers, and it will be a good addition to the City’s tax
base. Timberland is willing to listen to the concerns of the City and the neighborhood.
Mayor Kozlowski indicated that he would like to see impact studies, as with any other
development, before voting on a rezoning and text amendment. He asked Mr. Sailer, if the
Council feels a project with less than 100 units makes more sense, would that mean a “no?”;
and Mr. Sailer answered yes, that is correct.
Councilmember Junker stated that he supports the higher density housing; also, he strongly
believes the 100 foot right of way setback from Manning Avenue must be maintained.
Mr. Gladhill responded that if the City will not deviate from the 100 foot setback from the
right of way line, it would dramatically impact the number of units.
Mayor Kozlowski agreed he would not want to deviate from the se tback, though this housing
type is needed in Stillwater.
Mr. Gladhill summarized what he heard from the Council: package the zoning amendment
with the plat; supportive of the general concept, but not supportive of deviating from the
100 foot setback; and an important factor will be the traffic analysis.
City Council Meeting March 7, 2023
Page 3 of 10
Councilmember Odebrecht offered a wording change for Mr. Gladhill: the Council is not
saying they are supportive of it, so much as not opposed to it.
Mr. Sailer asked, if the current Comp Plan guides the property this way and it is within the
recommended density, what would be some reasons why it would not be appropriate?
Councilmember Collins responded, in terms of traffic, taking 187 units worth of cars onto
Boutwell where a lot of traffic has been added over the years, is a concern.
Councilmember Odebrecht stated he envisions this compounding traffic problems in the
center of City where there is already too much pressure.
Councilmember Junker stated, keep in mind the one way in/one way out on Boutwell. Terra
Springs downtown has roughly the same number of units with one way in/one way out.
Mr. Sailer emphasized the project preserves the wetland, satisfies environmental concerns,
and is a high end product that fits the site well. However, there is a density point where it
would not make sense for the developers.
SAFER Grant Discussion
Fire Chief Glaser shared that the U.S. Department of Homeland Security, Office of Domestic
Preparedness is accepting applications for Staffing for Adequate Fire and Emergency
Response (SAFER) Grants. The program awards funding directly to fire agencies to hire
additional firefighters to provide 24-hour staffing and enhance the department’s ability to
meet minimum staff response standards. He requested authorization to apply for a three-
year grant covering salary and benefits for six additional firefighters, based on the Fitch
staffing study. If the Council prefers, three additional positions would be a good start.
Council consensus was to apply for four positions as long as it is possible to amend the
application if needed, to drop the fourth position. The Council requested an analysis of what
the added positions would cost in Year 4.
Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt
Resolution 2023‐037, Resolution Approving Stillwater Fire Department Application for
Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency
Response (SAFER) Grant to Hire Additional Firefighter Personnel. All in favor.
City Code Revisions
City Attorney Land reviewed Code revisions proposed for portions Ch. 2, Administration
and Ch. 6, Business pertaining to CBD sales, gambling/pull-tabs, street performers and
licensing of hotels. More topics will be covered next month, prior to a public hearing on the
proposed amendments.
STAFF REPORTS
Public Works Director Sanders gave the spring flood forecast; a dike will be needed along
Lowell Park. He commended Natural Resource Technician Andrew Coyne for getting a
$47,000 DNR grant for slope restoration behind Pioneer Park. He stated power upgrades
will be done next week along Union Alley; and Streets Superintendent Nick Chaves has
announced his retirement.
City Council Meeting March 7, 2023
Page 4 of 10
Police Chief Mueller reminded the Council of the May 13 Bike Rodeo; noted that Officer
Crosby received the Chamber’s Behind the Badge Award. He updated the Council on the
officer-involved shooting, thanking officers, first responders, Fire Department and Public
Works staff for their heroics.
Fire Chief Glaser reported the Fire Relief Association annual meeting is April 3; Oak Park
Heights is doing a fire service study; and gave reminders on ice safety and clearing heating
exhaust pipes outside homes to prevent carbon monoxide poisoning.
Finance Director Provos stated the EPR Project contract on tonight’s consent agenda will be
subject to final approval by the City Attorney.
Community Development Director Gladhill gave a reminder of tomorrow’s downtown
parking public meeting.
City Clerk Wolf reviewed spring newsletter items.
City Attorney Land stated she is working on a settlement agreement on library roof repair.
City Administrator Kohlmann informed the Council that with IT Manager Holman’s
retirement, Terre Heiser will be hired part time for a limited term. Cyber security sensors
have been implemented onto the network. The White Bear Lake mediation meeting will be
May 3. The City will renew rooftop holiday light agreements with businesses.
Library Director Troendle stated the library is launching a wellness series for people 55+,
and summarized yearly reporting just completed.
RECESS
Mayor Kozlowski recessed the meeting at 6:13 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 (via Zoom),
Odebrecht
Absent: Councilmember Polehna
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.
City Council Meeting March 7, 2023
Page 5 of 10
RECOGNITIONS OR PRESENTATIONS
Proclamation - Colorectal Cancer Awareness Month
Mayor Kozlowski read a proclamation for Colorectal Cancer Awareness Month.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
February 21, 2023 Regular Meeting Minutes
Payment of Bills
2023 Parking Lot and Trail Improvements Approve Bids and Award Contract - Resolution
2023‐038
2023 Street Improvement Project – Saw Cutting Contract Agreement
2023-2025 Labor Agreement with AFSCME Council 5 Local 517 – Resolution 2023‐039
2023-2025 Labor Agreement with MNPEA Managers Association – Resolution 2023‐040
2023-2025 Compensation Adjustment for Nonrepresented Employees – Resolution 2023‐041
County Road 5 Phase 2 Project Award Contract – Resolution 2023‐042
Cruisin’ on the Croix Car Show Event Contract Agreement
Enterprise Resource Planning Software Agreement
Hauler License for Allied Waste Services
Inflow and Infiltration Grant Program Agreement – Resolution 2023‐043
Lily Lake Pressure Reducing Valve Project Approve Bids and Award Contract – Resolution
2023‐044
MNDOT Limited Use Permit for Downtown Pedestrian Crosswalk – Resolution 2023‐045
Parks & Recreation Commission Appointment
Pioneer Park Restoration Project Grant Agreement
Short Term Home Rental License for 906 Maple Street West
Stillwater Half Marathon Event Contract Agreement
Zoning Text Amending City Code Section 31-325 (Allowable Uses in Non-Residential
Districts) and City Code Section 31-101 to Establish Appropriate Locations for
Indoor Commercial Recreation Uses – 2nd Reading of Ordinance 1200
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the
Consent Agenda. All in favor.
PUBLIC HEARINGS
Appeal of Heritage Preservation Commission Contingent Design Permit Approval for New
Dwelling at 1824 1st Street North (Rambacher Residence)
Community Development Director Gladhill explained that neighbors of 1824 1st Street
North are appealing a HPC-granted approval of a design permit conditioned on reducing the
proposed three-stall garage to a two-stall garage. Concerns were raised during concept
review about the mass and scale, and staff worked with the applicant on a revision that
changed the roofline to a pitched roof with a series of gabled ends. The garage also was
moved from the lower level, to an attached two-stall garage. The HPC approved this design
with conditions. Significant public comments have been received in opposition to the design.
City Council Meeting March 7, 2023
Page 6 of 10
There is a steep slope in the middle of the lot. To show topography challenges, he provided
a sketch showing what the proposed design would look like if the site were flat. He explained
a neighborhood map prepared by the applicants showing the mix of housing types. Two
variances would be needed for the present design: a front yard setback variance and side
yard setback variance. These will be addressed by the Planning Commission.
Mayor Kozlowski asked what tools tell a homeowner what they can and cannot build if they
buy a lot in a certain district; and Mr. Gladhill replied that the Stillwater Design Guidelines
address preservation and new construction, but not all are hard requirements. Staff meets
with all applicants before they submit an application to review the guidelines.
Mayor Kozlowski then asked, with the roof line for example, at what point were the
applicants told what is required in the Design Guidelines and how did the design reach the
currently proposed revision; and Mr. Gladhill answered that is a question for the applicant.
Staff tries to work with applicants to reach the desired scale and mass. Staff suggested the
gabled roofline is more attuned to a vernacular house.
Councilmember Odebrecht stated there is a lot of wiggle room with the guidelines and he
struggles with how to make this a cleaner, easier process.
Mayor Kozlowski opened the public hearing.
Andrea Rambacher, applicant, stated they have made every attempt to maintain the overall
streetscape pattern and rhythm as quoted in the Neighborhood Conservation District
Guidelines for new infill construction. This is not a large home, it is 30 x 40’ with an 11 x 10’
sunroom. The footprint falls below the 25% surface coverage maximum. Topography is a
major disadvantage because the steep slope faces First Street. If built on a flat lot, it would
be 1.5 stories. They worked with their architect to find a historical roofline that would
minimize blocking the river view of neighbors, ensure a max building height of 35’ and
maximize livable square footage for their family. They recognize some people here would
prefer to see the home with a high pitched gable roof, but obstruction of views, and keeping
with zoning code limits removed that roof type as an option. Conservation guidelines are
subjective because every lot has challenges. Other infill homes in the area have an attached
garage, which is important for security. They agreed to reduce from three stalls to two stalls
per the HPC’s recommendation, and made every attempt to reduce the mass and scale of the
home. Further changes would only result in new appeals.
John Schoenecker, 301 Willow Street East, stated the design style may not fit the
neighborhood, but it does not mean that it cannot totally work. He is not disagreeing with
the new neighbors, but disagreeing with the style and the setbacks.
Donald Empson, 7014 24th Street, Oakdale, a historian who completed seven neighborhood
histories under contract with the HPC, stated there are errors in what Rambachers
submitted: every one except two of the houses they presented as being comparable to theirs
are not in Dutchtown. Additionally, there are only five houses in Stillwater that have
mansard roofs and only one is on the North Hill. He showed an 1870 map of the separate
mill town a mile from downtown Stillwater that in the 1880s came to be called Dutchtown,
adding that the best remaining evidence of that community is its small houses. Today there
are 38 houses in Dutchtown that date before 1900. Since 1900 there have been 4 new
houses built. He feels the proposed house is totally out of scale and out of style with the
Dutchtown area.
City Council Meeting March 7, 2023
Page 7 of 10
Angela Anderson, 1121 4th Street North, stated she translated many German documents for
the history of Dutchtown, and these old neighborhoods add a lot to Stillwater.
Melanie Ebertz, 1924 1st Street North, stated the proposed home brings the community to
the brink of Dutchtown extinction, and the HPC appears to have been negligible in their
duties, failing to adhere to their own rules. She stated the neighbors look at this as an
opportunity for a Dutchtown revival.
Liz Nelson, 300 Willow Street East, cautioned when a neighborhood is lost, its character and
history are lost. The neighborhood welcomes new neighbors, but does not want to lose the
Dutchtown history. She asked that the City and HPC adhere to their own guidelines.
Stephanie Legros, 309 Willow Street East, stated she restored an 1865 house with great
effort to keep the historic Dutchtown feel. She welcomes new neighbors but feels if this
house is allowed, there will be more houses demolished and modern houses built.
Dan Kalmon, 309 Willow Street East, stated he welcomes the new homeowners. He stated
affordable and life cycle housing in Stillwater is a real issue and the affordability of
Dutchtown’s housing stock needs to be retained.
John Colburn, 224 Willow Street East, pointed out the streetscape is predominantly homes
built in the mid to late 1800s that are 1.5 story or less, and only one has a double attached
garage. He explained results of a quality review he performed on this design proposal, which
concluded that the guidelines were not appropriately applied.
Greg Otsuka, 1912 1st Street North, pointed out the fact they are called guidelines is
misleading, because the manual states a design “shall conform” to the design guidelines. The
proposed design does not conform in terms of roof style and respecting the existing rhythm
of the streetscape.
Judy Foster, 2011 Schulenburg Alley, voiced worries about setting precedent, saying the
current design would impact other homes, taxes, City sewer and water. This has happened
in other neighborhoods where modest homes became multi-million dollar homes with no
consideration of the existing area.
Jon Skaalen, 1900 3rd Street North, stated allowing the current design would cause other
people coming to Stillwater to believe they can build whatever they want.
John Greeder, 1921 Broadway Street North, noted that on the plans, if the footprint is 30 x
40’ and a typical garage door is 9’ per stall, making the two stalls almost 20’ wide, the
dimensions do not necessarily make sense. He added that the original settlers were German,
and probably would not have chosen to build something French-themed.
Todd Dalberg, 1006 3rd Avenue South, stated he went through the HPC process five years
ago to build a home that is not Victorian, and nearly 4,500 square feet. There was no outrage
nor resistance. He questioned whether the debate is about architecture or about a subjective
subset of individuals who are going to be able to choose who lives in Stillwater. He told the
Council there will be precedent based on the decision if the design is overruled, that any
community can choose who lives next to them and that is a dangerous slope.
Richard McDonough, Stillwater township resident and Stillwater real estate broker, noted
that potential homebuyers are often are misguided as far as what they can or cannot do with
the process. He wondered why an independent consultant review is not required when
City Council Meeting March 7, 2023
Page 8 of 10
building, as it is when demolishing a house. Many people on the HPC are not professional
design consultants and there is a lot of armchair quarterbacking. The process and guidelines
should be clearer.
Councilmember Odebrecht noted the reason that the variance request has not been acted
on yet ,is that the Planning Commission meeting had to be cancelled due to snow.
Andrea Rambacher stated there is more to this than what the house looks like. While
affordable housing is important, it is not a valid basis to oppose their home.
Mayor Kozlowski closed the public hearing.
Mr. Gladhill stated Council’s options and reminded them the 60 day clock to act on the
application runs till April 20.
Councilmember Junker talked about the HPC meeting discussion. The 4-2 vote for approval
was after about an hour of discussion. At the last minute, one of the Commissioners moved
approval if the three car garage got reduced to two. It appeared it was going to be tabled for
more info, but then the motion came in and that motion passed 4-2.
Mayor Kozlowski agreed with the neighbors that the design of the house does not meet the
standards. If the case is sent back to the HPC, he asked if the property owners could work to
come up with a design that would meet the standards.
The Rambacher’s replied that they made a lot of concessions already, so probably not. They
have reached an impasse because they got verbal confirmation that if the house were any
higher, the neighbors to the west would appeal it for blocking their river view. They added
that in order to get enough square footage for a family home, a gabled roof would not work.
Mr. Gladhill acknowledged there was debate about whether the mansard roof was
appropriate. If sent back to the HPC, the discussion would be about the roof design.
Mayor Kozlowski stated he struggles with the Design Guidelines. He is frustrated that the
HPC approved this design, because they are tasked with upholding the guidelines. He
believes the property owners could build a house in that neighborhood that fits the
requirements of their family.
Councilmember Junker applauded all the information presented. He feels even with
modifications, this particular house does not fit the street rhythm of 1.5 story homes and
would be out of character.
Councilmember Collins stated he does not want to appear to be d esigning somebody’s home,
but there is a reason for the ordinances governing the Neighborhood Conservation District.
There are some minor things that could be changed so it would fit the character of the
neighborhood. Unfortunately the HPC got this one wrong.
Councilmember Odebrecht agreed. He suggested the neighbors channel their passion into
forming a homeowners association and devise a plan to ensure this would not happen again.
Mayor Kozlowski stated his preference would be to send this back to the HPC and let the
property owners come up with a design that is within the Design Guidelines.
Mr. Gladhill stated it would be a new process and the proposal would have to be significantly
different. The current proposal could not come back for at least a year, but something
significantly different like a new roof form could come back sooner.
City Council Meeting March 7, 2023
Page 9 of 10
City Attorney Land stated that a resolution with findings for overturning the HPC approval
and denying the current design can be drafted, for formal adoption at the next meeting.
Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to uphold the
appeal and deny the design permit for Rambacher residence, 1824 1st Street North. All in favor.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
COUNCIL REQUEST ITEMS
Climate Action Plan
Councilmember Odebrecht explained the need for a Climate Action Plan. It will require
dollars, including federal money. The plan will have four phases: define the problem,
measure data, analyze it, and come up with an improvement plan. A climate action
committee can be formed to meet once a month to develop and implement the plan. Xcel
Energy’s Partners in Energy Program can be involved. Community engagement also will be
important. He is asking the Council to accept the plan, support the creation of a Climate
Action Committee and join Xcel Energy’s Partners in Energy Program.
Roger Tomten, Sustainable Stillwater, stated they are willing to assist.
Rick Heidick, 3557 White Pine Way, stated the bottom line is, inactivity is a problem.
Councilmember Odebrecht’s proposal accomplishes a framework for ensuring the future
livability of Stillwater.
Mike Wilhelmi, Community Relations Manager for Xcel Energy, explained that Partners in
Energy is a standalone program that would involve a two year collaboration at no cost to
the City. Xcel provides facilitators to oversee the process, conduct workshops and create a
custom and executable plan.
Motion by Councilmember Odebrecht, seconded by Mayor Kozlowski, to accept the Climate
Action Plan, create a Climate Action Committee, and join Xcel Energy’s Partners in Energy
Program. Motion passed 3-1 with Councilmember Junker voting nay.
ADJOURNMENT
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adjourn. All in
favor. The meeting was adjourned at 9:28 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
City Council Meeting March 7, 2023
Page 10 of 10
Resolution 2023‐037, Resolution Approving Stillwater Fire Department Application
for Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire
and Emergency Response (SAFER) Grant to Hire Additional Firefighter
Personnel
Resolution 2023‐038, Accepting Bid and Awarding Contract for Parking Lots and
Trails Improvement Project (2023-04)
Resolution 2023‐039, Approving the 2023-2025 Labor Agreement Between the City
of Stillwater and American Federation of State, County and Municipal
Employees Minnesota Council 5 Local 517
Resolution 2023‐040, Approving the 2023-2025 Labor Agreement Between the City
of Stillwater and Minnesota Public Employees’ Association Public Managers
Resolution 2023‐041, Approving 2023-2025 Compensation Adjustments for City of
Stillwater Nonrepresented Employees
Resolution 2023‐042, Accepting Bid for CSAH 5 Phase 2 Project (Project 2019-09)
Resolution 2023‐043, Resolution Approving Grant Agreement Between the
Metropolitan Council and the City of Stillwater for 2020 I&I Grant Program
Resolution 2023‐044, Accepting Bid and Awarding Contract Lily Lake Pressure
Reducing Valve Project
Resolution 2023‐045, Entering into Limited Use Permit No. 8210-0082 with MnDOT
Ordinance No. 1200, An Ordinance Amending City Code Chapter 31, Section 31-101
and Section 31-325 Regarding Commercial Recreation Definitions and Business
Park - Industrial Allowable Uses
Page 1
CITY OF STILLWATER LIST OF BILLS
1ST Line/Leewes Ventures LLC Snacks for concessions 445.25
Ace Hardware Supplies 102.60
Adam's Pest Control Pest control 255.00
Advance Auto Parts Equipment repair supplies 559.16
Amdahl Locksmith Inc Chris Service call for lock 227.00
Arrow Sports Group Figure skating gloves 29.99
AT&T Mobility 6813 FirstNet Locator 38.23
Axon Enterprises Computer equipment 62,491.71
BerryDunn Professional services 19,750.00
BlueCross BlueShield Group Medicare Retiree Health Insurance 14,637.50
BlueCross BlueShield of MN Inc. Retiree Health Insurance 22,244.19
Bolton & Menk Inc. St Croix River Structure 3,457.00
Brines Market Bagged lunches 76.47
Bruce Christopher Seminars Wellness seminar - Bambi vs Godzilla 1,500.00
Cintas Corporation Uniforms, towels & mats 320.92
Coca-Cola Distribution Beverages for concessions 605.19
Cornerstone Land Surveying Lumberjack Landing Trail Add 1,100.00
Crysteel Truck Equip Power unit 1,050.52
Cub Foods CISD Meeting 87.36
Darwin Design LLC Teslin synthetic paper 475.00
DVS Renewal Unmarked 2021 Dodge Durango 38.50
ECM Publishers Publications 130.00
Enterprise FM Trust Lease vehicles 11,000.98
FleetPride Equipment repair supplies 224.83
Grainger Too box 2,453.35
Group Medicareblue RX Retiree Prescriptions Ins 19,928.00
Guardian Supply Uniforms 41.98
Guiterra Emilio Refund of review fees 75.00
Hawkins Inc Chlorine 140.00
HKGi Lumberjack Landing Improvements 1,737.25
Holiday Circle K - Wex Bank Fuel 903.17
Honor Guard Clinic Training 75.00
Indianhead Glass Inc Glass 2,780.95
International Code Council Classes 714.00
Kelly & Lemmons PA Prosecution 8,476.20
Lawson Products Fleet repair supplies 1,157.61
League of MN Cities City Day on the Hill 375.00
League of MN Cities Ins Tr Workers Comp Insurance 92,746.00
LeVander Gillen Miller PA Professional services 17,229.95
Lincoln National Life Insurance Co COBRA Life Insurance 7.20
Lockridge Grindal Nauen PLLP Labor Relations 3,333.33
Loffler Companies Police Dept Upgrade 6,755.97
Madden Galanter Hansen LLP Labor Relations Services 3,106.51
Mansfield Oil Company Fuel 9,251.59
Marie Ridgeway & Associates Mandatory Check - IN 120.00
Menards Supplies 1,202.39
Metropolitan Council Environmental Wastewater Charge 181,840.36
MidAmerica Inc Waste processing 2,811.22
Page 2
Midwest Machinery Co Equipment repair supplies 264.40
Miller Excavating Millbrook West Parking Lot Project 3,391.53
MK Mechanical Inc Replaced burner at Mick's shop 2,567.00
NAC Mechanical and Electrical Services Equipment repair - rooftop unit 619.00
National Reprographics LLC Scans 674.00
Nuss Truck & Equipment Equipment repair supplies 1,322.10
O'Reilly Auto Parts Equipment repair supplies 74.49
Pember Companies Chestnut St Plaza 510,486.30
Pepsi Beverages Company Beverages for concessions 640.12
Performance Plus LLC Drug screen 45.00
PermitWorks LLC Software plans 2,685.00
Pump & Meter Service Inc. Shop Hoist/Mobile Column Lifts 74,000.00
Query Jonathan Refund of fees 50.00
Quill Corporation Office supplies 308.21
Reliance Electric Motors Equipment repair 3,489.99
Riedell Shoes Inc. Skates 149.60
Spartan Promotional Group No Parking Anytime signs 273.02
Springbrook Software Monthly UB web payments 623.00
Stillwater Area Baseball Refund of double payment 2,970.00
Stillwater Collision and Mechanical Vehicle repair 364.73
Stillwater Motor Company Vehicle service 2,220.00
Stillwater Towing Towing service 750.00
Taft Stettinius & Hollister LLP Long Lake Project 4,300.00
Titan Machinery Shakopee Equipment repair supplies 414.79
TKDA Chestnut St Civic Plaza & Lily Lake PRV 3,745.97
Tri-State Bobcat Bobcat angle broom & repair supplies 5,466.77
Twin Cities Dots & Pop Treats for concessions 864.00
Uline Inc Equipment and supplies 3,439.34
Verizon Wireless Wireless Service 3,164.32
Voyant Communications Phone 547.89
Washington Conservation Distr 2022 BMP Maint 4,903.24
Washington County Property Records Year End Reports 425.00
WSB & Associates Inc. Pond Survey & Sampling 1,237.00
LIBRARY
Amazon Business Materials 306.84
Blackstone Publishing Materials 169.58
Brodart Co Materials 4,293.48
Chan Karen Programs 780.00
Comcast Internet 188.10
Huebsch Service Towels & Rugs 136.91
Menards Janitorial Supplies 142.80
Office of MN IT Services Phone 148.35
Star Equipment Inc. Delivery Lift Repairs 400.82
Page 3
CREDIT CARDS
Ace Hardware Ice scrapers 38.63
Amazon.com Supplies 277.43
AMEM Membership 200.00
BCA Training Training 650.00
Blue Beam Plan review software - 4 1,200.00
Dream Host Website Hosting 19.95
Grand Pizza & Catering Meals for HPC Workshop 72.48
HERO Training Center Course registration - Crosbie & McBroom 1,799.98
IAPE Membership - Brad Junker 65.00
Len's Family Foods Programs - Adult (Friends)40.00
Lowes Home Centers Inc. Wire mold for new office 78.88
Metro Emergency Managers Assoc Membership 50.00
Minnesota Assoc of Property & Evidence Techs Membership 35.00
MN Crime Prevention Assn Membership 50.00
Office Max Supplies for temp signage in ramp 27.04
Staples Advantage Label maker & label tape 106.80
Stillwater Gazette Gazette Subscription - Gladhill 3.00
Washington County Hazardous Waste 2023 Hazardous Waste Generators Permit 106.00
DATE: March 21, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Reabar Abdullah, Assistant City Engineer
SUBJECT: Award of contract for 2023 Street Improvement Project (Project 2022-02)
BACKGROUND
The bid opening for the 2023 Street Improvement Project was Thursday, March 9th,
2023. The City received seven bids with the lowest bid in the amount of $1,957,397.22
submitted by Minnesota Paving & Materials, Rogers, MN. This was 5% over the engineer’s
estimate of $1,860,500.07, and is 3.5% over the Feasibility study construction estimate
of $1.890,311.21. The low bid is still within the budget allocated for the 2023 Street
Improvement Project.
RECOMMENDATION
Staff recommends that the City Council accept the bids submitted for the 2023 Street
Improvement Project, Project 2023-02, and award the contract to Minnesota Paving &
Materials.
ACTION REQUESTED
If Council concurs with staff recommendation, Council should pass a motion authorizing the
Mayor and Clerk to enter into contract, upon City Attorney review and adopt Resolution
2023-___, ACCEPTING BID AND AWARDING THE CONTRACT FOR 2023 STREET
IMPROVEMENT PROJECT (PROJECT 2023-02).
City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-xxx
ACCEPTING BID AND AWARDING CONTRACT FOR
2023 STREET IMPROVEMENT PROJECT (2023-02)
WHEREAS, pursuant to an advertisement for bids for the 2023 Street Improvement Project,
seven bids were received by the City Engineer, opened and tabulated according to law, and the
following bids were received complying with the advertisement;
BIDDER BID AMOUNT
Minnesota Paving & Materials, Rogers, MN $ 1,957,397.22
Miller Excavating, Stillwater, MN $ 2,053,527.92
T.A Schifsky, N. Saint Paul, MN $ 2,080,440.44
Park Construction, Minneapolis, MN $ 2,131,571.05
Valley Paving, Shakopee, MN $ 2,292,685.05
Dresel Contracting, Inc., Chisago City, MN $ 2,314,751.97
Bituminous Roadways, Mendota Heights, MN $ 2,526,438.73
Engineer's Estimate $ 1,860,500.07
and
WHEREAS, it appears that Minnesota Paving & Materials, Rogers, MN is the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter
into a contract with Minnesota Paving & Materials Rogers, Minnesota in the name of the City of
Stillwater for the improvement of streets according to the plans and specifications therefore
approved by the City Council and on file in the office of the City Clerk.
Adopted by the City Council this 21st day of March 2023.
CITY OF STILLWATER
___________________________________
Mike Polehna, Vice Mayor
Attest:
_______________________________
Beth Wolf, City Clerk
DATE: March 30, 2022
TO: Honorable Vice-Mayor and City Councilmembers
FROM: Brian Mueller, Chief of Police
SUBJECT: Emergency Declaration - Flood
BACKGROUND
We have been receiving information that predicts the potential for a significant flooding
of the St. Croix River this spring. As preparations are underway, this declaration will
allow us to move swiftly, taking necessary precautions to mitigate the impact to the
community.
RECOMMENDATION
Staff recommends Declaration of a State of Emergency due to the impact of a predicted
flooding event.
ACTION REQUESTED
If Council concurs with recommendation, they should pass a motion adopting
RESOLUTION DELARING A STATE OF EMERGENCY FOR THE CITY OF
STILLWATER.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-xxx
RESOLUTION DECLARING A STATE OF EMERGENCY
WHEREAS a major flood event is predicted to impact the population of the City
of Stillwater; and
WHEREAS the flooding event can cause a significant amount of damage to both
public and private property damage; and
WHEREAS the Mayor of the City of Stillwater requests the Stillwater City Council
to declare the City of Stillwater in a State of Emergency for the flooding event of 2023;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Stillwater, Minnesota declares the City of Stillwater in a State of Emergency for
conditions resulting from the major flood event of 2023.
BE IT FURTHER RESOLVED that this State of Emergency will remain in effect
until the emergency status no longer requires emergency response and recovery efforts.
Adopted by Stillwater City Council this 21st day of March 2023.
CITY OF STILLWATER
Mike Polehna, Vice Mayor
Attest:
Beth Wolf, City Clerk
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Tim Gladhill, Community Development Director
SUBJECT: FINDINGS FOR DENIAL: Case No. 2022-73: Design Review
for Rambacher Residence (1824 1st St N) – Resolution
BACKGROUND
On March 7, 2023, the City Council upheld an appeal from neighboring properties of the
Heritage Preservation Commission’s Approval with Conditions for a new dwelling in the
Neighborhood Conservation District at 1824 1st St NW . This action denied the design of
the proposed new dwelling at this property. To support the action of denial, the City
Council must now adopt official Findings of Fact. Included in the resolution, the proposed
findings are as follows.
1.The requested design is not consistent with the requirements of the Stillwater
Design Guidelines as the proposed design conflicts with the Stillwater Design
Guidelines and the City’s Zoning Code as follows:
a.The proposed building, including its appurtenances, materially impairs the
architectural and historic integrity of the site, adjacent buildings , adjacent sites,
and the neighborhood as a whole.
b.The proposed building is not compatible with and will not ensure continued
significance and integrity of all properties within the Neighborhood Conservation
District and Dutchtown Neighborhood based on the period of significance of the
Dutchtown Neighborhood.
c.Granting the design permit will not be in keeping with the spirit and intent of the
zoning code and does negatively alter the essential character of the site and its
surroundings.
d.The mansard roof form and design along with the overall building height, scale
and mass is inconsistent with the scale and mass of surrounding buildings and
structures and interrupts the rhythm of the street. The Dutchtown Neighborhood
is characterized as homes with smaller footprints, lower heights and gabled roofs.
POTENTIAL MOTION
Motion to adopt the resolution approving findings of fact related to the City Council’s action
to uphold the appeal and overturn the approval with conditions related to the design permit
application at 1824 1st St N (CD Case No. 2022-73).
City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-
RESOLUTION ADOPTING WRITTEN FINDINGS FOR DENIAL OF A DESIGN
PERMIT IN THE NEIGHBORHOOD CONSERVATION DISTRICT AT 1824 1ST ST N
(CD CASE NO. 2022-73)
WHEREAS, the City of Stillwater received an application for design permit from
Andrea and Ryan Rambacher (“Applicant”) for 1824 1st St N, legal described in Exhibit A
(the “Property”) regarding the construction of a new single-family dwelling; and
WHEREAS, the Property is located in the Neighborhood Conservation Overlay
District; and
WHEREAS, a design permit approval is required for new dwelling construction
within the Neighborhood Conservation Overlay District; and
WHEREAS, the Heritage Preservation Commission approved the design permit
with conditions on January 18, 2023; and
WHEREAS, the Heritage Preservation Commission’s approval with conditions was
appealed on January 27, 2023; and
WHEREAS, on March 7, 2023, the City Council considered the appeal, upheld the
appeal and overturned the Heritage Preservation Commission’s approval with conditions,
thereby denying the proposed new dwelling design; and
WHEREAS, the City Council now adopts this resolution to support its findings for
denial of the design permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
1. The requested design is not consistent with the requirements of the
Stillwater Design Guidelines as the proposed design conflicts with the
Stillwater Design Guidelines and the City’s Zoning Code as follows:
a. The proposed building, including its appurtenances, materially impairs
the architectural and historic integrity of the site, adjacent buildings,
adjacent sites, and the neighborhood as a whole.
b. The proposed building is not compatible with and will not ensure
continued significance and integrity of all properties within the
Neighborhood Conservation District and Dutchtown Neighborhood
based on the period of significance of the Dutchtown Neighborhood.
c. Granting the design permit will not be in keeping with the spirit and intent
of the zoning code and does negatively alter the essential character of
the site and its surroundings.
d. The mansard roof form and design along with the overall building height,
scale and mass is inconsistent with the scale and mass of surrounding
buildings and structures and interrupts the rhythm of the street. The
2
Dutchtown Neighborhood is characterized as homes with smaller
footprints, lower heights and gabled roofs.
Adopted by the Stillwater City Council this 21st day of March, 2023.
CITY OF STILLWATER
Mike Polehna, Vice Mayor
ATTEST:
Beth Wolf, City Clerk
DATE: March 21, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Shawn Sanders, Director of Public Works
SUBJECT: Metropolitan Council Environmental Services- Inflow and
Infiltration Grant Certification Approval.
BACKGROUND
As part of the Infiltration/Inflow (I/I) Grant from Metropolitan Council Environmental
Services (MCES), where the City will be reimbursed for $44,000 for I/I work, a
requirement of the grant is to certify the property where the work is performed is within
City right-of way. Under normal circumstances, a declaration would have to be recorded
in connection to the grant but since the (I/I) work was limited to the Right-of-way, the
requirement of declaration has been waived. Attached is the State of Minnesota
General Obligation Bond Financed Certification that is required for the City’s
reimbursement costs.
RECOMMENDATION
Staff recommends that the City Council review and approve the General Obligation
Bond Financed Certification for the MCES Inflow and Infiltration Grant.
ACTION REQUESTED
If Council concurs with staff recommendation, Council should pass a motion adopting
Resolution 2023-___, STATE OF MINNESOTA GENERAL OBLIGATION BOND
FINANCED CERTIFICATION.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-xxx
STATE OF MINNESOTA
GENERAL OBLIGATION BOND FINANCED
CERTIFICATION
WHEREAS, the City of Stillwater received funding from the 2020 Metropolitan Council
Environmental Services Inflow and Infiltration Grant; And
WHEREAS, pursuant to the waiver of real property declaration granted by Minnesota
Management and Budget to the Metropolitan Council for Municipal Publicly Owned
Infrastructure Inflow/Infiltration project lie entirely within public road, street and highway
rights-of-way and utility easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized to approve the
General Obligation Bond Financed Certification.
Adopted by the City Council this 21st day of March 2023.
CITY OF STILLWATER
Michael Polehna, Vice Mayor
ATTEST:
Beth Wolf, City Clerk
m, MANAGEMENT
AND BUDGET
December 21, 2020
Matt Gsellmeier
MCES Budget Manager
Metropolitan Council
390 Robert St N
St. Paul, MN 55101
Via email: Matthew.Gsellmeier@metc.state.mn.us
Re: Waiver of Real Property Declaration -2020 Metropolitan Cities Inflow and Infiltration Grants
Dear Mr. Gsellmeier:
I have reviewed your letter dated December 18, 2020 requesting a waiver pursuant to Section 7.02(b) of the
Fourth Order Amending Order of Commissioner of Finance dated July 30, 2012 (the ''Commissioner's Order"} of
the requirement that a real property declaration be recorded in connection with grants to metropolitan-area
cities to address inflow and infiltration into local sanitary sewer collection systems from the Metropolitan
Council appropriation in Laws 2020, 5th Special Session, chapter 3, anicle 1, section 17, subdivision 2.
In response to your request, I waive the requirement that a declaration be recorded for the portion of such
projects which lies entirely within public road, street and highway rights-of-way and utility easements.
However, a declaration will need to be executed and recorded for any portion of a project which is on land
outside of such areas.
Please note that this letter only waives the requirement that a declaration be recorded. The property will
remain bond-financed property and subject to all the other requirements of Minn. Stat. Sec. 16A.695 and the
Commissioner's Order.
This waiver is conditional upon our receiving a signed copy of the bond-financed property Certification in the
form which the Metropolitan Council has been using for its grants from prior l&I appropriations in which each
grantee that receives a grant from this program acknowledges that the project property is bond-financed
property and thus is subject to all the other requirements of Minn. Stat. Sec. 16A.695 and the Commissioner's
Order.
Si ne ~_ . ..--, f;:
/ .
_,, J ....... )'Jw i,-.v A "--
Jim Schowalter
Commissioner
cc: Roger Behrens, MMB
Melissa Roberts, METC
400 Centennial Building • 658 Cedar Street • St. Paul, Minnesota 55155
Voice: (651) 201·8000 • Fax: (651) 296·8685 • nv: 1-800-627-3529
An Equal Opportunity Employer
State of Minnesota
General Obligation Bond Financed
CERTIFICATION
The undersigned hereby certifies as follows:
This Certification is being submitted pursuant to the Waiver of Real Property Declaration granted
by Minnesota Management and Budget to Metropolitan Council for Municipal Publicly Owned
Infrastructure Inflow/Infiltration projects or the portions thereof which lie entirely within public
road, street and highway rights-of-way and utility easements.
Th City of Stillwater certifies that the City of Stillwater has read and will comply with the terms
and conditions of the Waiver of Real Property Declaration and further, that the Governmental
Program which is the subject of and described in the Municipal Publicly-Owned Infrastructure
Inflow/Infiltration Grant Agreement between Stillwater and Metropolitan Council qualifies for
the Waiver of Real Property Declaration.
The undersigned owns fee title to property which meets the requirements of this Agreement
for wastewater collection purposes and/or permit for pipe in City of Stillwater public right of way
which meets the requirements of this Agreement for wastewater collection purposes and a
wastewater collection system within the fee title, permanent easement, and/or the other easement
and wastewater collection system being located in Washington County, Minnesota. The fee title
property, and the wastewater collection system therein is referred to as “Restricted Property” and
is described in Exhibit A attached hereto by diagram.
As the owner of the Restricted Property, the undersigned hereby acknowledges the
following restrictions and encumbrances with respect to the Restricted Property:
A. The Restricted Property is State bond financed property within the meaning of Minn.
Stat. § 16A.695 , is subject to the encumbrance created and requirements imposed by
such statutory provision, and cannot be sold, mortgaged, encumbered or otherwise
disposed of without the approval of the Commissioner of Minnesota Management and
Budget, or its successor, which approval must be evidenced by a written statement
signed by said commissioner and attached to the deed, mortgage, encumbrance or
instrument used to sell or otherwise dispose of the Restricted Property; and
B. The Restricted Property is subject to all of the terms, conditions, provisions, and
limitations contained in the G.O. Grant Agreement between Metropolitan Council.
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond
Financed Declaration for as long as the G.O. Grant Agreement is in force and effect; at which
time it shall be released therefrom by way of a written release in recordable form signed by both
the Metropolitan Council and the Commissioner of Minnesota of Management and Budget, or
their successors, and such written release is recorded in the real estate records relating to the
Restricted Property. This Certification may not be terminated, amended, or in any way modified
without the specific written consent of the Commissioner of Minnesota of Management and
Budget, or its successor.
SIGNATURE BLOCK AND ACKNOWLEDGMENT
By:______________________________
Title: ____________________________
Dated: ___________________________
Attest:
_________________________
Beth Wolf, City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this ________ day of March, 2023, before me, a Notary Public within and for said
County, appeared Ted Kozlowski and Beth Wolf, who did affirm that they are respectively the
Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on
behalf of the City by authority of its City Council, and they acknowledged the said instrument was
the free act and deed of the City.
______________________________
Notary Public
Ted Kozlowski, Mayor
March 21, 2023
Exhibit A
MAP OF RESTRICTED PROPERTY
Please see attached map
L .
T
DATE: March 21, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Kori Land, City Attorney
SUBJECT: North Hill Community Garden
BACKGROUND
There is a lot located across from Staples Park owned by the City that has been used as
a Community Garden for the last 10 years by the North Hill Community Garden Club
pursuant to an agreement with the City. Background materials on the North Hill
Community Garden is attached for your reference. The North Hill Community Garden is
in the process of obtaining insurance, so we are only recommending entering into an
agreement for the year 2023. The City will carry the insurance for this year and the Garden
Club will be required to obtain insurance for future years under a new agreement. This is
a community amenity offered to any resident on a first-come first-served basis.
A proposed agreement is attached.
ACTION REQUESTED
Approve the Staples Field Park License Agreement with the North Hill Community
Garden
1
STAPLES FIELD PARK LICENSE AGREEMENT
This Park Use License Agreement (“Agreement”) is made and entered into this _____ day of
____________, 2023, (“Effective Date”) by and between the City of Stillwater, 216 North
Fourth Street, Stillwater, Minnesota 55082, (“City”), and the North Hill Community Garden,
6351 Saint Croix Trail North, Apt. 142, Stillwater, Minnesota 55082 (“North Hill”).
WHEREAS, the City owns Staples Field Park in the City of Stillwater; and
WHEREAS, North Hill wishes to utilize a portion of the Staples Field Park property for the
purposes of establishing a community garden and performing gardening and other related
recreational activities; and
WHEREAS, the City would like to support this recreational use within a portion of Staples
Field Park and believes a community garden benefits the public health, safety and welfare of
all citizens of the City.
NOW, THEREFORE, subject to the license terms and conditions of this Agreement, and in
consideration of the mutual consideration contained herein, it is hereby mutually agreed as
follows:
I. GRANT OF LICENSE.
a. The City hereby grants to North Hill a license to operate, manage and maintain a
community garden within a portion of Staples Field Park, the real property legally
described on Exhibit A (“Park Property”). This Agreement does not create an interest
in real property such as an easement or any other property right.
b. The terms of this Agreement shall create a license for North Hill to operate, manage
and maintain a community garden within the boundaries of the Park Property, during
times established by the City as open park hours.
c. The terms of this Agreement shall not be considered to place an affirmative duty upon
the City to operate, manage or maintain the community garden within the Park Property
or to improve or increase the City’s routine maintenance of the Park Property.
II. TERM. Unless terminated earlier pursuant to Section III, the term of this Agreement
shall commence upon the Effective Date and shall continue until December 31, 2023. This
Agreement may be extended upon the written mutual consent of the parties for such
additional periods as they deem appropriate, upon the same terms and conditions as herein
stated.
2
III. TERMINATION.
a. TERMINATION BY EITHER PARTY. This Agreement may be terminated by either
party upon thirty (30) days’ written notice delivered to the other party to the addresses
listed in Section VI of this Agreement.
b. TERMINATION DUE TO DEFAULT. This Agreement may be terminated by City
upon written notice in the event of default by North Hill to perform in accordance with
the terms of this Agreement. North Hill shall have ten (10) calendar days from the date
of the termination notice to cure or to submit a plan for cure the default that is
acceptable to the City.
c. Upon termination under this section, North Hill shall be responsible for removing all
personal property and restoring that portion of the Park Property used by North Hill for
the community garden to its natural state, including grading and/or seeding. North
Hill’s restoration of the Park Property shall be done to the satisfaction of the City.
IV. INDEMNIFICATION.
a. North Hill shall indemnify, defend and hold harmless the City, its City Council, agents,
employees, attorney and representatives against any and all claims, demands, actions,
suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries,
and deficiencies, including interest, penalties and attorneys’ fees, that the City incurs
or suffers, which arise out of, result from or relate to the operation, management, or
maintenance of a community garden on the Park Property pursuant to this Agreement
by North Hill, its contractors, its members or any party acting under the authorization
or direction of North Hill and any other activity within the Park Property pursuant to
this Agreement or under the assumed authority of the City by North Hill, its
contractors, its members or any party acting under the authorization or direction of
North Hill.
b. In no event shall North Hill be responsible to indemnify the City for any claim,
demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities,
damages, recoveries and deficiencies, including interest, penalties and attorneys’ fees,
that are incurred due to the negligence or intentional misconduct of the City. In the
event claims, losses, damages or expenses are caused by the joint or concurrent
negligence of North Hill and City, they shall be borne by each party in proportion to
its own negligence.
c. 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
North Hill, its successors or assigns, shall be subject to any governmental immunity
defenses of the City and the maximum liability limits provided in Minnesota Statutes,
Chapter 466.
3
d. North Hill agrees that no hazardous substances, pollutants or contaminants shall be
used for any operation, management, or maintenance of the community garden on the
Park Property. City shall not be responsible for any costs, expenses, damages,
demands, obligations, including penalties and reasonably attorneys’ fees, or losses
resulting from any claims, actions, suits, or proceedings based upon a release of any
hazardous substances, pollutants, or contaminants, caused by North Hill.
V. NONDISCRIMINATION. During the performance of this Agreement, North Hill agrees
that no person shall, on the grounds of race, color, religion, age, sex, disability, marital
status, public assistance status, criminal record, creed, sexual orientation or national origin,
be excluded from full participation in any activity involving the community garden on the
Park Property or be otherwise subjected to discrimination under any and all applicable
federal and state laws.
VI. NOTICE. Any notice required under this Agreement shall be communicated to the
following addresses:
If to City: City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Attention: Parks Superintendent
If to North Hill: North Hill Community Garden
6351 Saint Croix Trail North, Apt. 142
Stillwater, MN 55082
Attention: Victoria E. Styrbicki
Notices shall be deemed to have been duly given on the date of service if served personally
on the party to whom notice is to be given, or on the third day after mailing if deposited in
the United States mail in a sealed envelope, by certified mail, return receipt requested, with
postage and postal charges prepaid.
VII. INSURANCE. North Hill shall not be required to maintain general liability insurance
during the term of this Agreement. Any future agreements with North Hill shall contain the
following insurance provision:
North Hill shall maintain general liability insurance and hereby agrees to provide the
City with a copy of the general liability insurance policy prior to any operation,
management, or maintenance of the community garden in the Park Property pursuant
to the term and conditions of this Agreement. North Hill agrees to keep its general
liability insurance policy in place and active at all times during the term of this
Agreement. The policy shall include a provision that such insurance shall not be
canceled without written notice to the City and shall have the City named as an
additional insured on the policy. North Hill’s general liability insurance policy limits
must coincide with the City’s $1,500,000 maximum liability limits provided in
Minnesota Statute § 466.04.
4
VIII. SPECIAL REQUIREMENTS AND CONDITIONS.
a. SELECTION OF GARDENERS. North Hill shall develop a fair and open process for
gardener selection. Availability of garden plots within the community garden should
be widely advertised, with the distribution of plots conducted in an equitable manner
and on a first come, first serve basis.
b. GARDENER PARTICIPATION. All gardeners engaging in any community garden
activities pursuant to this Agreement shall be expected to participate in maintenance
of communal areas of the community garden as outlined in this Section VIII of this
Agreement.
c. COMMUNITY INVOLVEMENT. North Hill is encouraged to engage with the
surrounding neighborhood and wider City of Stillwater community through events or
projects such as open houses, garden tours, food shelf donations, etc. during the term
of this Agreement.
d. GARDEN BORDERS AND STRUCTURES. The community garden’s boundaries
must remain as submitted on the original design plans incorporated herein as Exhibit
B. Any proposed expansion of or additional structure added to the community garden
by North Hill must be submitted in writing to the City for approval by the City’s
representative in Section VI. Any structures including raised beds, bulletin boards,
and gazeboes included in the original design plans or later submitted for approval as
future additions to the community garden, must comply with the City of Stillwater
building code.
e. GARDEN/PLOT MAINTENANCE. North Hill agrees to manage and actively
maintain the layout, initial set-up, ongoing maintenance, dismantling and clean-up of
the community garden within the Park Property. North Hill shall be responsible for the
preparation of the community garden in the spring and the clean-up and winterization
of the community garden in the fall. North Hill shall provide the City with a schedule
of the anticipated spring preparation and fall winterizing dates for the community
garden. Pathways and other areas between garden beds must be mowed or mulched
and actively maintained by North Hill. The City will not perform any maintenance
within the boundaries of the Park Property, unless requested by North Hill and agreed
to by the City in writing.
f. WATER. City agrees to provide North Hill with access to a City water connection
for North Hill’s use within the community garden. Any water supplied by City
pursuant to this Agreement is to be used by gardeners caring for their assigned areas
within the boundaries of the Park Property and shall at all times be subject to reasonable
use. Use of any water supplied by City for any non-garden related activities or
unreasonable and excessive use by North Hill as determined by City is strictly
prohibited and may result in North Hill’s denial of access to the water connection
supplied by City or termination of the Agreement. City’s supply of water to North
5
Hill under this Agreement shall be subject to any State of Minnesota or City
watering restriction or prohibition.
g. COMPOSTING. Only garden matter generated within the community garden may be
composted by North Hill within the boundaries of the community garden unless a
written, certified composting plan is in place, with the approval of the City, and North
Hill or its members actively monitor composting activities. Any composting which
occurs within the community garden must comply with the back yard composting
guidelines published by the Minnesota Pollution Control Agency.
h. NEW MEMBERS. North Hill shall inform new members of its organization of the
community garden rules and regulations as outlined in this Agreement, stressing the
importance of ongoing maintenance. North Hill must adhere to the requirements of
Section VIII of this Agreement and engage in a transparent membership process open
to all. As a public agency, the City’s policies encourage inclusiveness, which means
that anyone interested in joining North Hill’s organization is to be fairly considered.
i. YEARLY MEETING BETWEEN NORTH HILL AND THE CITY’S PARKS AND
RECREATION COMMISSION. North Hill shall attend an annual meeting with and
schedule by the City’s Parks and Recreation Commission to:
1. Review North Hill’s use of the Park Property.
2. Discuss upcoming improvements.
3. Discuss community involvement in the garden.
4. Discuss other matters involving the community garden as desired by either the
City or North Hill.
j. PROHIBITED ACTIVITIES. North Hill shall be prohibited from engaging in the
following activities within the boundaries of the community garden:
1. Littering, dumping, alcohol consumption and other unlawful activities.
2. Amplified sound.
3. Ball playing or other forms of active recreation.
4. Fire pits or bonfires.
IX. GENERAL PROVISIONS.
a. ASSIGNMENT. This Agreement is not assignable without the mutual written
agreement of the parties.
b. WAIVER. A waiver by either the City or North Hill 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. 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
6
District Court.
d. 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.
e. 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.
f. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original but all of which shall constitute one and the
same instrument.
g. HEADINGS. The subject headings of the paragraphs and subparagraphs of this
Agreement are included for purposes of convenience only and shall not affect the
construction or interpretation of any of its provisions.
h. 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.
[The remainder of this page is intentionally left blank]
7
IN WITNESS WHEREOF, the parties have executed this Park Use License Agreement.
CITY OF STILLWATER
By:
Ted Kozlowski, Mayor
By:
Beth Wolf, City Clerk
MMUNITY GARDEN
'I
By:_.,,._~~~~~i-,..~~L::...-f-
ame: Victoria E . Styrbicki
Its: Pres ide nt
8
A-1
EXHIBIT A
LEGAL DESCRIPTION
The South Seventy (70) feet of Lots Six (6), Seven (7) and Eight (8), Block Three (3), Staples
and May’s Addition to Stillwater, according to the plat thereof on file and of record in the
office of the County Recorder for Washington County, Minnesota.
PID: 28.030.20.21.0014
Abstract Property
B-1
EXHIBIT B
DESIGN PLANS
North Hill Community Garden
Garden Plot Reservation Form
• Garden plots at North Hill Community Garden (NHCG) for this gardening season will be assigned when
the gardener:
1. Completes the Garden Plot Reservation Form.
2. Pays for the plot.
3. Returns a signed copy of this form to the NHCG Treasurer.
Plots will first be assigned to people that had a plot last year. Plots will then be assigned on a first come,
first serve basis to people that did not have a plot last year. A household may have more than one plot
provided there are open plots once everyone has had a chance to apply for a plot. If no plots are available at
the time your registration is received, you will have the option of being placed on the waiting list and your
plot fee will be returned. You will be contacted should a plot become available. Plot fees may be paid by
check, money order, or cash and may be mailed or brought to the NHCG Treasurer. The plot fees include
one season use of the plot and water.
• Plot fees will be as follows:
9’x9’ plot = $40
4’x9’ plot = $30
3’x9’ plot = $25
Members are encouraged to pay an additional $20 to help those who wish to garden, but cannot afford a
plot. Extra contributions are encouraged in order to provide enough funds to improve the garden. Three
scholarship plots will be available for applicants who may be unable to pay for the full price of a plot.
• North Hill Community Garden members that want a plot must live in the city of Stillwater.
• Gardeners (or a representative) are required to attend the Spring Meeting, participate to help improve the
garden, and participate in the maintenance of their garden plot. The Spring Meeting will be held at North
Hill Community Garden, corner of Martha and Aspen, at a date to be determined.
• Garden plots are assigned to one person only and are not transferable. Others may garden at your site, but
the responsibility for payment of fees, clean up, and other duties at the site will be the responsibility of the
individual whose name is assigned to the plot.
• Gardeners must tend to their plot no later than June 1 and are responsible to keep it weeded. Please
contact The NHCG Garden Coordinator if unable to attend to a plot for emergency reasons. If a plot
appears to have been neglected for two weeks, the gardener will be notified. If two more weeks go by and
the gardener has failed to attend to the plot or contact The Garden Leaders, the plot will be considered
abandoned. It will be re-assigned to someone on the waiting list and the gardener will not be eligible for a
plot the following year.
• Dead plants, weeds, garden stakes, etc must be removed by Oct 15.
• The North Hill Community Garden is located on Stillwater City Park property. The City of Stillwater bans
the use of tobacco, alcohol and illegal drugs on the property. It is a violation of Minnesota law and park
2022 North Hill Community Garden Agreement Page 1 2/28/2022
Policy EM-020.13 to possess a weapon on park property. Growing illegal substances or using alcohol,
tobacco, drugs or possessing a weapon will lead to immediate expulsion with no return of plot fee.
• The North Hill Community Garden is a “chemical free” garden, meaning no chemical fertilizers;
pesticides, herbicides, plant food, etc. may be used in the garden.
• Please be aware of neighboring plots and strategically place tall plants or plants requiring
support/structures so they are not shading other plots.
• The path around plots is to provide gardeners access to their plots. The gardener must help maintain the
path around the plot by keeping it clear of weeds, rocks, tools and other garden obstacles. Keep vegetation
within the plot. When planting near paths, leave adequate space for plant growth so as not to overhang into
the paths or another plot.
• Do not bring sand or gravel into the garden area. Mulching with leaves, grass clippings, hay or straw to
reduce evaporation and unwanted weeds is allowable. The use of plastic and other non-porous materials for
ground cover is discouraged.
• Water hoses must not cross other plots and must be attended at all times. Sprinklers are not permitted in
the garden. The gardener is responsible for shutting off the water when finished using it.
• If a city watering ban is in effect, gardeners must comply with the regulations.
• Plant material should be placed in the yard waste bin as room allows or brown compost bags as provided.
All garbage must be taken home.
• Gardeners are not allowed to harvest from other plots without the permission of the assigned gardener.
• Be considerate of the neighbors: when parking - do not block access to their house or mailbox; do not ask
to use their telephone (except in an emergency). A Porta potty is available across the street near the baseball
field.
• Treat fellow gardeners with respect and consideration.
• Parents are encouraged to bring children to the garden and introduce them to gardening. Supervise
children and teach them to stay on garden paths.
• Do not drive on the property.
• The gardener will keep The North Hill Community Garden Leaders advised of any changes in contact
information.
• Complaints, policy additions or changes, and mediations will be addressed by The North Hill Community
Garden Leaders. The NHCG email address is info@northhillcommunitygarden.org
2022 North Hill Community Garden Agreement Page 2 2/28/2022
Liability Waiver and Signature
The City of Stillwater does not assume responsibility for acts of vandalism or loss of crops due to thefts. I
agree to abide by these conditions set forth by The North Hill Community Garden.
I have read and understand The City of Stillwater License to Use Real Property agreement and I agree to
abide by it.
AGREEMENT TO RELEASE FROM LIABILITY
I, the undersigned, do for myself and on behalf of my family and my personal representatives, hereby agree
to forever release and hold harmless The City of Stillwater and The North Hill Community Garden, all of
its trustees, officers, agents and employees for any and all liability arising from any claim, demand or cause
of action of any nature for:
• personal injury to myself or to others
• damage to my personal property or to the personal property of others or
• my death as a result of my participation in gardening activities, or caused by conduct, whether negligent
or grossly negligent, of The City of Stillwater and The North Hill Community Garden, any of its officers,
agents or employees.
I certify that I am in good health and that I have no physical limitations that would preclude me from
participating in these activities.
I fully understand that the terms of this agreement are legally binding and that I am signing this agreement
after having completely read it.
I understand that neither The North Hill Community Garden Core Group and Leaders nor the City of
Stillwater is responsible for my actions. I THEREFORE AGREE TO HOLD HARMLESS THE NORTH
HILL COMMUNITY GARDEN AND THE CITY OF STILLWATER FOR ANY LIABILITY, DAMAGE,
LOSS OR CLAIM THAT OCCURS IN CONNECTION WITH USE OF THE GARDEN BY ME OR
ANY OF MY GUESTS.
I have read and agree to abide by the above garden rules and policies. I understand that failure to abide by
these rules will result in forfeiture of my gardening privileges.
___________________________________ __________________________________ ____________
Printed Name Signature Date
Contact Information:
Address: ______________________________________________________________________________
______________________________________________________________________________________
Phone Number(s): _______________________________________________________________________
Email: ________________________________________________________________________________
Each plot will have a sign placed on it. What name(s) would you like on your sign:
______________________________________________________________________________________
Amount Received: ____________ Check #:_______________ Plot Assignment:____________
2022 North Hill Community Garden Agreement Page 3 2/28/2022
Located at 1004 Mar-
tha Street North on
the corner of Aspen
Street West and North
Martha Street, our
garden is located in
the historic North Hill
neighborhood of
Stillwater, Minnesota.
North Hill Community Garden
1004 Martha Street North
Stillwater, MN 55082
.
Want to learn more or get on our
e-mail list? Drop us a note at
info@northhillcommunitygarden.org
Some of the Benefits
of Community Gardens .
· Gardening is relaxing and combats stress
· Community gardens bring the neighbor-
hood together
· Fresh veggies!
· Gardening is good exercise
· A great learning experience for our kids
· Community Gardens typically lead to an
increase in neighboring property values
Visit us at
www.northhillcommunitygarden.org
Or check out our Facebook page
THE NORTH HILL
COMMUNITY GARDEN
“It's difficult to think
anything but pleasant
thoughts while eating a
homegrown tomato.”
- Lewis Grizzard
-
The North Hill Community Garden
What is the North Hill Community
Garden?
The North Hill Community Garden (NHCG) is a non-
profit neighborhood organization that offers Stillwater
residents a place to create a garden, as well as a way to
get to know their neighbors and build a stronger com-
munity. We have 38 plots that are available for a small
fee* on an annual basis, and two “community” plots
planted by volunteers with produce available to anyone
in the community.
Several activities are planned throughout the year, in-
cluding classes, work days (to maintain common areas)
and an annual Harvest Festival at the end of the sum-
mer..
*The North Hill Community Garden strives to be accessible to the en-
tire community, regardless of ability to pay, and so “scholarships” are
available to those that need them.
Bringing our neighborhood together since 2012
How do I
reserve a
plot?
Every year in March,
we hold a plot sign
up night. Plots are
assigned first come,
first serve. If you had
a plot this year, it is
no guarantee that
you will have a plot
next year. But, if you
are one of the first 38
people to sign up,
you may opt to have
the same plot you
had this year.
Most plots are 9’ x 9’,
but several 4’ x 9’
plots are also availa-
ble, as are four ele-
vated plots 3’ x 9’.
Ribbon Cutting Ceremony in 2012
Garden Layout
Who Are We?
The NHCG run by a small group of volunteers who
meet throughout the year to plan activities and im-
provements, tackle management issues, and serve
as liaisons to our community. We all share a desire
to come together to share, to learn, to grow food to-
gether and to help strengthen our community.
Although the garden is located in the North Hill
neighborhood, all Stillwater residents are eligible to
reserve plots and participate in all garden activities.
The NHCG organizers are always looking for more
volunteers to help make the garden work. Volunteer
opportunities include planning, event organization,
public relations, garden maintenance etc. For more
information on how you can become involved please
contact info@northhillcommunitygarden.org.
Our Story
The story of the North Hill Community Garden is a classic story of a group of citizens com-
ing together and working with the city and local organizations to bring something special to
the community.
Prior to 2012, the site where the garden now sits was a vacant lot that used to be a basket-
ball court. The basketball court had been decommissioned years prior due to issues with
late night noise and misuse. The city had been looking for a good way to repurpose the
land, but it was still unused and considered by many an eyesore.
This changed in 2012 when a group of neighbors, led by Jack Roddy, and working with
Community Organizer An DeLaVergne had the vision to make the space into a garden.
Ann and Jack knew that a community garden was a great way to bring the community to-
gether, promote healthy living, provide a source of food while creating a beautiful space in
our neighborhood.
When Jack, Ann and team approached the city with a proposal to build a garden, it was
warmly received but, there were no funds in the city’s budget for the project. Driven by a
passion for the project, the team moved on undeterred. Community meetings were held to
get input on the project from the entire community. Small committees were formed by vol-
unteers to handle things like building materials or fundraising.
Finally, with a generous contribution by the Friends of Stillwater Parks, donations by com-
munity members, and support by the River Market Community Co-op, the garden became
a reality. Although the garden is on city property, the garden continues to be strictly volun-
teer run, with maintenance funds coming from plot rental fees and private donations.
Making stone soup at the annual Harvest Festival
North Hill Community Garden
Frequently Asked Questions
1.Do I need to live on the North Hill to have a plot?
No, the North Hill Garden is open to all residents of
Stillwater
2.Do I need to live in Stillwater to have a plot?
Yes
3.If I had a plot last year, will I be able to rent the same
plot this year?
Returning gardeners will have the opportunity to reserve the same plot each year.
4.How do I reserve a plot?
NEW GARDENERS are asked to come to our annual sign-up night. Plots that have not already been
reserved by returning gardeners will be available on a first come – first serve basis. If there are still
plots available after sign-up night, you can send an email to info@northhillcommunitygarden.org .
Annual sign-up dates will be posted on our website: www.northhillcommunitygarden.org .
5.Once I reserve a plot, how long do I have it for?
Each season you will have the plot from March through October 15th.
6.Where does my plot fee go?
Your fee will go towards garden upkeep, maintenance, scholarships and supplies. Fees also help pay
for classes throughout the year.
7.Are plots available for community groups?
Yes, community groups can reserve plots. Contact info@northhillcommunitygarden.org for more
details.
8.What is a plot scholarship?
The North Hill Community Garden strives to be accessible to the entire community, regardless of ability
to pay, and so scholarships are available to those in need. If you would like to apply for a scholarship
plot, please contact info@northhillcommunitygarden.org for more details. Scholarships are kept
confidential.
9.What if I’m going to be travelling over the summer?
We have a great group of gardeners that help each other out. We have “water me” and “harvest me”
signs that are available to put in your garden if it needs attention while you are away. You can also
send an email to all gardeners by using gardeners@northhillcommunitygarden.org in your address
line if you need other specific assistance.
10.What are plot upkeep expectations?
Plots must be maintained. While plots are rarely “weed free”, they should not be overgrown with
weeds as the weeds can spread to neighboring plots. Vegetables should be harvested before they rot.
11.What happens if I can’t maintain my garden?
First and foremost, ask for help. You can send an email to fellow gardeners at
gardeners@northhillcommunitygarden.org and let them know what kind of help you need. You can
also contact the Garden Leaders directly at info@northhillcommunitygarden.org if you have questions
or need to discuss a particular situation.
If a plot appears to have been neglected for two weeks, the gardener will be notified. If two more
weeks go by and the gardener has failed to attend to the plot or contact The Garden Leaders, the plot
will be considered abandoned. It will be reassigned to someone on the waiting list and the gardener
will not be eligible for a plot the following year.
12.Can I bring my pet to the garden with me?
Yes.
13.I’ve never gardened before, is help available?
Yes! You can send an email to fellow gardeners at gardeners@northhillcomminitygarden.org . Very
often there will be other people with similar questions and others with good answers. You can also
post questions on our Facebook Page . Additionally, a few classes are generally offered throughout the
year.
14.What do I do if I have extra veggies?
If you don’t want to pick them, you can put a “harvest me” sign at the plant(s) with too many veggies,
and that will let your fellow gardeners know they may take from your plot. These signs will be stored
by the bulletin board in the garden. Alternatively, you can donate veggies to Valley Outreach.
15.Who is in charge of keeping walkways and common areas free of weeds?
All gardeners are. The garden organizers will organize a spring workday to spread mulch, a fall clean-up
day, and other times to maintain the common areas as needed. Gardeners are also encouraged to
weed common areas on their own as needed, especially in the areas around their plots.
16.Can I use chemical pesticides and fertilizer?
The North Hill Community Garden is a “chemical free” garden, meaning no chemical fertilizers,
pesticides, herbicides, plant food, etc. may be used in the garden.
17.How can I help?
Many volunteer opportunities are available throughout the year, including organization, maintenance,
care of “sharing plots”, etc . Please contact info@northhillcommunitygarden.org for more information.
18.I have a suggestion for the garden. Or need to report a problem. – who can I tell?
Send a note to info@northhillcommunitygarden.org
North Hill Community Garden Frequently Asked Questions Page 1 of 3
19.Can I reserve more than one plot?
Only if plots are still available after the Spring Meeting (AKA “spring work day”) which is typically held
in late April.
20.Why are some plots covered in black plastic?
Some people cover plots in black plastic in the spring prior to planting to keep weeds at bay and
because the heat from the sun is believed to prevent tomato blight from persisting year to year.
21.Is water available at the garden?
Yes, the city has made water available. Hoses will be available for gardener ’s use. The water is turned
off for the winter in mid October and is typically turned back on in mid May. The city turns on/off the
water at all of the city parks at the same time. This garden is part of Staples Field, a city park.
North Hill Community Garden Frequently Asked Questions Page 2 of 3
1
STAPLES FIELD PARK LICENSE AGREEMENT
This Park Use License Agreement (“Agreement”) is made and entered into this _____ day of
____________, 2023, (“Effective Date”) by and between the City of Stillwater, 216 North
Fourth Street, Stillwater, Minnesota 55082, (“City”), and the North Hill Community Garden,
6351 Saint Croix Trail North, Apt. 142, Stillwater, Minnesota 55082 (“North Hill”).
WHEREAS, the City owns Staples Field Park in the City of Stillwater; and
WHEREAS, North Hill wishes to utilize a portion of the Staples Field Park property for the
purposes of establishing a community garden and performing gardening and other related
recreational activities; and
WHEREAS, the City would like to support this recreational use within a portion of Staples
Field Park and believes a community garden benefits the public health, safety and welfare of
all citizens of the City.
NOW, THEREFORE, subject to the license terms and conditions of this Agreement, and in
consideration of the mutual consideration contained herein, it is hereby mutually agreed as
follows:
I. GRANT OF LICENSE.
a. The City hereby grants to North Hill a license to operate, manage and maintain a
community garden within a portion of Staples Field Park, the real property legally
described on Exhibit A (“Park Property”). This Agreement does not create an interest
in real property such as an easement or any other property right.
b. The terms of this Agreement shall create a license for North Hill to operate, manage
and maintain a community garden within the boundaries of the Park Property, during
times established by the City as open park hours.
c. The terms of this Agreement shall not be considered to place an affirmative duty upon
the City to operate, manage or maintain the community garden within the Park Property
or to improve or increase the City’s routine maintenance of the Park Property.
II. TERM. Unless terminated earlier pursuant to Section III, the term of this Agreement
shall commence upon the Effective Date and shall continue until December 31, 2023. This
Agreement may be extended upon the written mutual consent of the parties for such
additional periods as they deem appropriate, upon the same terms and conditions as herein
stated.
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III. TERMINATION.
a. TERMINATION BY EITHER PARTY. This Agreement may be terminated by either
party upon thirty (30) days’ written notice delivered to the other party to the addresses
listed in Section VI of this Agreement.
b. TERMINATION DUE TO DEFAULT. This Agreement may be terminated by City
upon written notice in the event of default by North Hill to perform in accordance with
the terms of this Agreement. North Hill shall have ten (10) calendar days from the date
of the termination notice to cure or to submit a plan for cure the default that is
acceptable to the City.
c. Upon termination under this section, North Hill shall be responsible for removing all
personal property and restoring that portion of the Park Property used by North Hill for
the community garden to its natural state, including grading and/or seeding. North
Hill’s restoration of the Park Property shall be done to the satisfaction of the City.
IV. INDEMNIFICATION.
a. North Hill shall indemnify, defend and hold harmless the City, its City Council, agents,
employees, attorney and representatives against any and all claims, demands, actions,
suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries,
and deficiencies, including interest, penalties and attorneys’ fees, that the City incurs
or suffers, which arise out of, result from or relate to the operation, management, or
maintenance of a community garden on the Park Property pursuant to this Agreement
by North Hill, its contractors, its members or any party acting under the authorization
or direction of North Hill and any other activity within the Park Property pursuant to
this Agreement or under the assumed authority of the City by North Hill, its
contractors, its members or any party acting under the authorization or direction of
North Hill.
b. In no event shall North Hill be responsible to indemnify the City for any claim,
demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities,
damages, recoveries and deficiencies, including interest, penalties and attorneys’ fees,
that are incurred due to the negligence or intentional misconduct of the City. In the
event claims, losses, damages or expenses are caused by the joint or concurrent
negligence of North Hill and City, they shall be borne by each party in proportion to
its own negligence.
c. 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
North Hill, its successors or assigns, shall be subject to any governmental immunity
defenses of the City and the maximum liability limits provided in Minnesota Statutes,
Chapter 466.
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d. North Hill agrees that no hazardous substances, pollutants or contaminants shall be
used for any operation, management, or maintenance of the community garden on the
Park Property. City shall not be responsible for any costs, expenses, damages,
demands, obligations, including penalties and reasonably attorneys’ fees, or losses
resulting from any claims, actions, suits, or proceedings based upon a release of any
hazardous substances, pollutants, or contaminants, caused by North Hill.
V. NONDISCRIMINATION. During the performance of this Agreement, North Hill agrees
that no person shall, on the grounds of race, color, religion, age, sex, disability, marital
status, public assistance status, criminal record, creed, sexual orientation or national origin,
be excluded from full participation in any activity involving the community garden on the
Park Property or be otherwise subjected to discrimination under any and all applicable
federal and state laws.
VI. NOTICE. Any notice required under this Agreement shall be communicated to the
following addresses:
If to City: City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Attention: Parks Superintendent
If to North Hill: North Hill Community Garden
6351 Saint Croix Trail North, Apt. 142
Stillwater, MN 55082
Attention: Victoria E. Styrbicki
Notices shall be deemed to have been duly given on the date of service if served personally
on the party to whom notice is to be given, or on the third day after mailing if deposited in
the United States mail in a sealed envelope, by certified mail, return receipt requested, with
postage and postal charges prepaid.
VII. INSURANCE. North Hill shall not be required to maintain general liability insurance
during the term of this Agreement. Any future agreements with North Hill shall contain the
following insurance provision:
North Hill shall maintain general liability insurance and hereby agrees to provide the
City with a copy of the general liability insurance policy prior to any operation,
management, or maintenance of the community garden in the Park Property pursuant
to the term and conditions of this Agreement. North Hill agrees to keep its general
liability insurance policy in place and active at all times during the term of this
Agreement. The policy shall include a provision that such insurance shall not be
canceled without written notice to the City and shall have the City named as an
additional insured on the policy. North Hill’s general liability insurance policy limits
must coincide with the City’s $1,500,000 maximum liability limits provided in
Minnesota Statute § 466.04.
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VIII. SPECIAL REQUIREMENTS AND CONDITIONS.
a. SELECTION OF GARDENERS. North Hill shall develop a fair and open process for
gardener selection. Availability of garden plots within the community garden should
be widely advertised, with the distribution of plots conducted in an equitable manner
and on a first come, first serve basis.
b. GARDENER PARTICIPATION. All gardeners engaging in any community garden
activities pursuant to this Agreement shall be expected to participate in maintenance
of communal areas of the community garden as outlined in this Section VIII of this
Agreement.
c. COMMUNITY INVOLVEMENT. North Hill is encouraged to engage with the
surrounding neighborhood and wider City of Stillwater community through events or
projects such as open houses, garden tours, food shelf donations, etc. during the term
of this Agreement.
d. GARDEN BORDERS AND STRUCTURES. The community garden’s boundaries
must remain as submitted on the original design plans incorporated herein as Exhibit
B. Any proposed expansion of or additional structure added to the community garden
by North Hill must be submitted in writing to the City for approval by the City’s
representative in Section VI. Any structures including raised beds, bulletin boards,
and gazeboes included in the original design plans or later submitted for approval as
future additions to the community garden, must comply with the City of Stillwater
building code.
e. GARDEN/PLOT MAINTENANCE. North Hill agrees to manage and actively
maintain the layout, initial set-up, ongoing maintenance, dismantling and clean-up of
the community garden within the Park Property. North Hill shall be responsible for the
preparation of the community garden in the spring and the clean-up and winterization
of the community garden in the fall. North Hill shall provide the City with a schedule
of the anticipated spring preparation and fall winterizing dates for the community
garden. Pathways and other areas between garden beds must be mowed or mulched
and actively maintained by North Hill. The City will not perform any maintenance
within the boundaries of the Park Property, unless requested by North Hill and agreed
to by the City in writing.
f. WATER. City agrees to provide North Hill with access to a City water connection
for North Hill’s use within the community garden. Any water supplied by City
pursuant to this Agreement is to be used by gardeners caring for their assigned areas
within the boundaries of the Park Property and shall at all times be subject to reasonable
use. Use of any water supplied by City for any non-garden related activities or
unreasonable and excessive use by North Hill as determined by City is strictly
prohibited and may result in North Hill’s denial of access to the water connection
supplied by City or termination of the Agreement. City’s supply of water to North
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Hill under this Agreement shall be subject to any State of Minnesota or City
watering restriction or prohibition.
g. COMPOSTING. Only garden matter generated within the community garden may be
composted by North Hill within the boundaries of the community garden unless a
written, certified composting plan is in place, with the approval of the City, and North
Hill or its members actively monitor composting activities. Any composting which
occurs within the community garden must comply with the back yard composting
guidelines published by the Minnesota Pollution Control Agency.
h. NEW MEMBERS. North Hill shall inform new members of its organization of the
community garden rules and regulations as outlined in this Agreement, stressing the
importance of ongoing maintenance. North Hill must adhere to the requirements of
Section VIII of this Agreement and engage in a transparent membership process open
to all. As a public agency, the City’s policies encourage inclusiveness, which means
that anyone interested in joining North Hill’s organization is to be fairly considered.
i. YEARLY MEETING BETWEEN NORTH HILL AND THE CITY’S PARKS AND
RECREATION COMMISSION. North Hill shall attend an annual meeting with and
schedule by the City’s Parks and Recreation Commission to:
1. Review North Hill’s use of the Park Property.
2. Discuss upcoming improvements.
3. Discuss community involvement in the garden.
4. Discuss other matters involving the community garden as desired by either the
City or North Hill.
j. PROHIBITED ACTIVITIES. North Hill shall be prohibited from engaging in the
following activities within the boundaries of the community garden:
1. Littering, dumping, alcohol consumption and other unlawful activities.
2. Amplified sound.
3. Ball playing or other forms of active recreation.
4. Fire pits or bonfires.
IX. GENERAL PROVISIONS.
a. ASSIGNMENT. This Agreement is not assignable without the mutual written
agreement of the parties.
b. WAIVER. A waiver by either the City or North Hill 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. 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
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District Court.
d. 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.
e. 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.
f. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original but all of which shall constitute one and the
same instrument.
g. HEADINGS. The subject headings of the paragraphs and subparagraphs of this
Agreement are included for purposes of convenience only and shall not affect the
construction or interpretation of any of its provisions.
h. 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.
[The remainder of this page is intentionally left blank]
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IN WITNESS WHEREOF, the parties have executed this Park Use License Agreement.
CITY OF STILLWATER
By:
Ted Kozlowski, Mayor
By:
Beth Wolf, City Clerk
MMUNITY GARDEN
'I
By:_.,,._~~~~~i-,..~~L::...-f-
ame: Victoria E . Styrbicki
Its: Pres ide nt
8
A-1
EXHIBIT A
LEGAL DESCRIPTION
The South Seventy (70) feet of Lots Six (6), Seven (7) and Eight (8), Block Three (3), Staples
and May’s Addition to Stillwater, according to the plat thereof on file and of record in the
office of the County Recorder for Washington County, Minnesota.
PID: 28.030.20.21.0014
Abstract Property
B-1
EXHIBIT B
DESIGN PLANS
DATE: March 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Issuance of a new On-Sale Liquor License with Sunday Sales
for You and Me Café LLC, dba You and Me Café
BACKGROUND
You and Me Café LLC, dba You and Me Café has submitted an application for an on-
sale with sunday sales intoxicating liquor license. You and Me Café moved into Coffee
Paw Café location at 826 4th Street S. This license will be effective April 1, 2023 or
shortly thereafter satisfactorly completing all license requirements.
RECOMMENDATION
Staff recommends approval contingent upon the satisfactory investigation, inspections,
and approvals from the Police, Fire, Building, Planning and Finance Departments, as well
as Washington County Public Health and Environment and Minnesota Alcohol Gambling
Enforcement Division (AGED).
ACTION REQUESTED
If Council concurs with the recommendation, they should pass a motion approving the
issuance of a new On-Sale Liquor License with Sunday Sales for You and Me Café LLC,
dba You and Me Café at 826 4th Street N, contingent upon the satisfactory investigation,
inspections, and approvals.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-
APPROVING ISSUANCE OF NEW ON-SALE LIQUOR LICENSE WITH SUNDAY
SALES TO YOU AND ME CAFÉ LLC, DBA YOU AND ME CAFÉ
WHEREAS, an application has been received for the issuance of an On-Sale
Liquor License with Sunday Sales to You and Me Café LLC, dba You and Me Café,
located at 826 4th St S; 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 On-Sale Liquor License with Sunday
Sales conditioned upon approval from Police, Fire, Building, Planning and Finance
Departments, as well as Washington County Public Health and Environment and
Minnesota Alcohol Gambling Enforcement Division (AGED).
Adopted by the Stillwater City Council this 21st day of March, 2023.
CITY OF STILLWATER
_________________________
Michael Polehna, Vice Mayor
ATTEST:
Beth Wolf, City Clerk
DATE: March 21, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Joe Kohlmann, City Administrator
Donna Robole, HR Manager
SUBJECT: 2023 Compensation Adjustments for Temporary Seasonal Maintenance Worker I
DISCUSSION
The City of Stillwater employs temporary seasonal Maintenance Workers I each summer season to
assist the City in the maintenance of streets, parks and water utilities. Work performed can include
patching streets, assisting in striping and signing work, assisting in rodding sewers and cleaning
catch basins, watering plants, removing trash and cleaning bathrooms. Seasonal staff operate light
equipment engaged in public works/parks maintenance, and other related repair and construction
activities. Staff must be 18 years of age to perform this work.
City staff have reviewed hourly wages paid by neighboring cities for similar seasonal work. The City
has experienced difficulty recruiting seasonal Maintenance Workers I to perform the above -
referenced work at the base rate of $15.30 per hour. Therefore, based on the data we have
reviewed, we recommend increasing the compensation as follows:
• Wages – $17.00 per hour effective May 1, 2023. General Wage Increase: 3% increase
effective January 1, 2024; 3% increase effective January 1, 2025.
• Wages – Effective January 1, 2026, the starting base hourly wage for a temporary seasonal
Maintenance Worker I position shall be increased by the equivalent General Wage
Adjustment applied to the base pay structure for city positions as approved by City Council
• Temporary seasonal Maintenance Workers I who return to the City for seasonal
Maintenance Worker I employment each subsequent year shall receive an additional 50
cents per hour added to the base hourly wage.
• Retention Compensation – Temporary Seasonal Maintenance Workers I who complete
eight, nine or ten consecutive weeks of employment with the City shall receive, at the end of
their seasonal assignment:
o $400 for completion of eight (8) consecutive weeks of employment
o $450 for completion of nine (9) consecutive weeks of employment
o $500 for completion of ten (10) consecutive weeks of employment
ACTION REQUESTED
Increased costs are included in the 2023 budget. Therefore, staff recommends adoption of the
resolution entitled, “Approving 2023 Compensation Adjustments for City of Stillwater Temporary
Seasonal Maintenance Worker I. “
City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-
APPROVING 2023 COMPENSATION ADJUSTMENTS FOR CITY OF
STILLWATER TEMPORARY SEASONAL MAINTENANCE WORKER I
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the
compensation for a temporary seasonal Maintenance Worker I position is hereby
approved with the following changes:
Wages – $17.00 per hour effective May 1, 2023. General Wage Increase:
3% increase effective January 1, 2024; 3% increase effective January 1,
2025.
Wages – Effective January 1, 2026, the starting base hourly wage for a
temporary seasonal Maintenance Worker I position shall be increased by the
equivalent General Wage Adjustment applied to the base pay structure for
city positions as approved by City Council
Temporary seasonal Maintenance Workers I who return to the City for
seasonal Maintenance Worker I employment each subsequent year shall
receive an additional 50 cents per hour added to the base hourly wage.
Retention Compensation – Temporary Seasonal Maintenance Workers I who
complete eight, nine or ten consecutive weeks of employment with the City
shall receive, at the end of their seasonal assignment:
o $400 for completion of eight (8) consecutive weeks of employment
o $450 for completion of nine (9) consecutive weeks of employment
o $500 for completion of ten (10) consecutive weeks of employment
BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the
Mayor and City Clerk to approve the above changes.
Adopted by the City Council of the City of Stillwater this 21st day of March, 2023.
CITY OF STILLWATER
__________________________
Mike Polehna, Vice Mayor
ATTEST:
___________________________
Beth Wolf, City Clerk
DATE: March 21, 2023
TO: Honorable Mayor and City Council
FROM: Joe Kohlmann, City Administrator
SUBJECT: Social Media Management
Overview
The City is looking to engage Peachiie Marketing for organic social media management.
This partnership will include planning, creating and scheduling social media posts on
behalf to the City.
Peachiie takes a proactive approach in planning, scheduling and creating content for
social media. The scope of their partnership will include the City’s Facebook page. The
Public Safety pages will remain in the hands of the Chiefs.
Peachiie will also provide access to preview posts prior to their dissemination. The cost
will be $1,200 per month to manage the account.
Recommendation
Approve the attached agreements with Peachiie Marketing, LLC.
1
AGREEMENT FOR SERVICES
FOR SOCIAL MEDIA MANAGEMENT
THIS AGREEMENT (“Agreement”) is made and executed this 21 st day of March, 2023, by and between
the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Peachiie Marketing
LLC, 1021 6th Street South, Stillwater, MN 55082 (“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 Facebook Social Media
Management.
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 February 22, 2023, incorporated herein as Exhibit A;
ii. Other documentation, incorporated herein as Exhibit B.
(Hereinafter “Exhibits.”) Where terms and conditions of this Agreement and those terms
and conditions included in the Exhibits specifically conflict, the terms of this Agreement
shall apply.
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.
2
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.
a. Termination by Either Party. This Agreement may be terminated by either party upon 60 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
3
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 Beth Wolf 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 Christina Underkoffler to be
the primary contacts for the City in the performance of the Services. They shall be assisted by other
staff members as necessary to facilitate the completion of the Services in accordance with the terms
established herein. Contractor may not remove or replace these designated staff without the approval
of the City.
10.INDEMNIFICATION.
a.Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the
extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or
omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent
negligence of Contractor and City, they shall be borne by each party in proportion to its own
negligence.
b.Contractor shall indemnify City against legal liability for damages arising out of claims by
Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor
against legal liability for damages arising out of claims by City’s employees or subcontractors.
11.INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain
the following insurance:
a.Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims
arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be
amended;
b.Workers’ Compensation Insurance in accordance with statutory requirements.
c.Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and
$1,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a provision that such
insurance shall not be canceled without written notice to the City. The City shall be named as an
additional insured on the Commercial General Liability Insurance policy.
12.WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment
covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that
all work will be free from defects and that all materials will be new and of first quality. If within one
(1) year after final payment any work or material is found to be defective, Contractor shall promptly,
without cost to the City, correct such defect.
13.NOTICES. Notices shall be communicated to the following addresses:
If to City:
City of Stillwater
216 4th Street North
Stillwater, MN 55082
Attention: Beth Wolf
Or e-mail bwolf@ci.stillwater.mn.us
If to Contractor:
Peachiie Marketing LLC
1021 6th Street South
Stillwater, MN 55082
Attention:
Or email Christina@Peachiie.com
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14.INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents
and employees pursuant to this Agreement shall be provided as employees of Contractor or as
independent contractors of Contractor and not as employees of the City for any purpose.
15.GENERAL PROVISIONS.
a.Assignment. This Agreement is not assignable without the mutual written agreement of the
parties.
b.Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing.
Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach.
c.Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under
this Agreement, Contractor shall not discriminate against any person by reason of any
characteristic protected by state or federal law.
d.Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e.Amendments. Any modification or amendment to this Agreement shall require a written
agreement signed by both parties.
f.Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which shall continue in full force and effect.
g.Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be
subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h.Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes
all prior communications, understandings and agreements relating to the subject matter hereof,
whether oral or written.
CITY OF STILLWATER By:____________________________________
Ted Kozlowski, Mayor
By:____________________________________
Beth Wolf, City Clerk
5
Project Description: City of Stillwater Social Media Management
CONTRACTOR PEACHIIE MARKETING, LLC
By:
By (Please Print):
Title (Please Print):
Libbie M. Junker
Libbie M. Junker
Co-founder, Owner
Peachiie.com
Hello@Peachiie.com
(651) 245- 8968
hello@Peachiie.com
Peachiie.com
@Peachiiemn
February 2023
Proposal
Confidential - Peachiie Marketing - Proposal Expires 30 Days from 2/22/2023
TABLE OF CONTENTS
03
WHAT WE DO / WHY PEACHIIE
04
WHO WE ARE
05
PROPOSED SCOPE OF WORK
06
PRICING
Confidential - Peachiie Marketing
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With the right team and strategy in place, the
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social & content marketing with modern ideas
and strategies. We’ll ignite your brand with
creativity and insights - whether you take a
big or little bite, the results will be juicy!
Peachiie Marketing's co-founders have 14+
years of combined marketing experience
across a large breadth of capabilities.
TAKE A BITE!
WHAT WE DO
Confidential - Peachiie Marketing
Social Media Management
Graphic Design
Paid Social Advertisement
Public Relations
Email Marketing
Strategy Sessions
Event Planning Support
Photography/Videography
Coordination
+ MORE
WHO WE ARE
As a Stillwater, Minnesota native, Christina has
an expansive local network specializing in the
smaller, business-to-consumer arena. Her
expertise ranges across various aspects of
Marketing, Public Relations, content creation,
design and more. Christina’s passion lies in
painting the big picture. Afterall, “Think big,
success will follow!”
Libbie’s roots run deep in Stillwater,
Minnesota. Holding roles in corporate,
business-to-business organizations,
Libbie’s experience ranges from graphic
design to social media marketing, event/
trade show management, email marketing
and more. Libbie’s passion lies in bringing
the details to life.
Libbie Junker, Co-founder
Christina Underkoffler, Co-founder
"Think big, success will follow!"
"Success is in the sum of details!"
Confidential - Peachiie Marketing
PROPOSED SCOPE
Confidential - Peachiie Marketing
Plan, create, and deploy the copy/imagery for posts, stories, reels for the following:
City of Stillwater Facebook
Build KPIs/goals and strategy for social media presence
Use advanced planning platform for easy review and approval of upcoming month's content
Partner with key internal stakeholders to determine communication pillars (themes) to manage
posting mix and post volume
Create assets/visuals in-house where light graphic design work is needed in relation to social media
Partner and coordinate with additional copywriters, videographers and/or photographers as needed
to support promotion/communication strategy
Manage audience-generated and/or influencer content use and distribution as well as share curated
content from visitors, partnerships with other local businesses, etc. as appropriate
Manage timely responses to posts, comments, direct messages, story replies, shared/tagged content,
hash tagged content, reviews, etc.
Continue to build follower/engager base and manage social relationships
Partner with key internal stakeholders to build boilerplate messaging & a 'communications log' for
turnkey responses as needed
Ensure brand guidelines/standards are consistently followed on all social media channels in regards
to color palette, tone, voice and visual best practices
Monthly report on social media performance
Meet with Client 1 hour per month (can be broken up) to discuss upcoming content, promotions,
materials needed, etc.
Content planning, creation and scheduling:
Brand Management:
Analytics & Reporting:
Meetings:
Organic Social Media
Confidential - Peachiie Marketing
PRICING OPTIONS
ADDITIONAL A LA CARTE SERVICES
Instagram Creation/Management
Graphic Design (outside of social media)
Public Relations (outside of social media)
Email Marketing
Strategy Sessions
Web support
Event Planning Support
Photography/Videography Coordination
+ MORE
1.
2.
3.
4.
5.
6.
7.
8.
9.
Pricing structure for Facebook Organic Social Media Management (Page 5)
$1200/Month
Note: All Peachiie packages include a la carte services available to add on at any
time. When/if The City of Stillwater decides to expand platforms (i.e. Instagram) orneed further marketing assistance on any additional services from our a la carte
list (see above), they are charged at our hourly rate of $100/hour.
Peachiie.com
Hello@Peachiie.com
T H A N K Y O U !
WHETHER YOU TAKE A BIG OR LITTLE BITE, THE RESULTS WILL BE JUICY!
PEACHIIE MARKETING LLC SCOPE OF WORK
For Marketing Services
THIS DOCUMENT IS A SCOPE OF WORK ("SOW"), dated as of _____________("Effective Date")
between Peachiie Marketing LLC ("Consultant"), and The City of Stillwater, Minnesota ("Client") and is
subject to the terms of the Engagement Agreement ("Engagement"). This SOW may be executed in two
or more counterparts, all of which shall be considered one and the same SOW and shall become effective
when one or more counterparts have been signed by each of the parties and delivered to the other party.
Project Description/Scope of Work:Subject to the terms of the Engagement, Consultant will produce
the organic social media deliverables at a flat rate of $1,200/month ($USD/month) as follows:
Content planning, creation and scheduling:
● Plan, create, and deploy the copy/imagery for posts, stories, reels for the following:
○ City of Stillwater Facebook
● Build KPIs/goals and strategy for social media presence
● Use advanced planning platform for easy review and approval of upcoming month's content
● Partner with key internal stakeholders to determine communication pillars (themes) to manage
posting mix and post volume
● Create assets/visuals in-house where light graphic design work is needed in relation to social
media
● Partner and coordinate with additional copywriters, videographers and/or photographers as
needed to support promotion/communication strategy
● Manage audience-generated and/or influencer content use and distribution as well as share
curated content from visitors, partnerships with other local businesses, etc. as appropriate
● Manage timely responses to posts, comments, direct messages, story replies, shared/tagged
content, hash tagged content, reviews, etc.
● Continue to build follower/engager base and manage social relationships
● Partner with key internal stakeholders to build boilerplate messaging & a 'communications log' for
turnkey responses as needed
Brand Management:
● Ensure brand guidelines/standards are consistently followed on all social media channels in
regards to color palette, tone, voice and visual best practices
Analytics & Reporting:
● Monthly report on social media performance and insights
3/21/2023
Meetings:
●Meet with Client 1 hour per month (can be broken up) to discuss upcoming content, promotions,
materials needed, etc.
A La Carte/Additional Services Opportunities:Below outlines additional services Consultant can
provide as agreed upon by Client on an as needed basis.
Any A La Carte services requested by Client that fall outside of the above Project Description/Scope of
Work at a flat rate of $1,200.00/month ($USD/month) of this Engagement will be agreed upon by Client
and Consultant, memorialized in writing (email sign-off is sufficient), and billed at Consultant’s normal rate
of $100.00/hour ($USD/hour) unless other payment options are otherwise agreed upon.
●Instagram Creation/Management
●Graphic Design (outside of social media)
●Public Relations (outside of social media)
●Email Marketing
●Strategy Sessions
●Web Support
●Event Planning Support
●Photography/Videography Coordination
Any other agreed upon work outside of the Project Description/Scope of Work and/or services considered
A La Carte/Additional Services Opportunities within this Engagement will be scoped separately.
Terms of Engagement:
Upon Effective Date, the Engagement will continue on a Month-to-Month basis, ending upon notice of
sixty (60) days from either Party to the other Party. Upon the expiration of the Term, this Engagement will
be deemed as a successfully completed SOW.
Invoices will be billed on the 1st calendar day of each month, due on the 15th calendar day of each
month, with Net-15 terms. If the Engagement Date does not begin on the 1st calendar day of the month,
the Client will be billed from the Engagement Date through the end of the month. All subsequent bills will
be charged according to the monthly cadence.
All reasonable expenses incurred by Consultant on behalf of Client are reimbursable expenses. Expenses
larger than $0.00 ($USD/month) require prior written approval (email and/or text message sufficient) of
Client. This will sometimes require an upfront payment of larger expenses (i.e. – media buy for ads,
mailings, etc.) by Client, either to the provider of services directly or to Consultant in order to cover the
costs, prior to Consultant being able to sufficiently perform the tasks required. Delays in expense
payments by Client may impact deliverable dates by Consultant and any delays as a result shall not be
the responsibility of the Consultant.
Legal Terms and Conditions:
1.PERFORMANCE
Consultant agrees to perform those services as described in the Scope of Work as outlined above.
2.PAYMENT
Client agrees to pay Consultant as stated in the Scope of Work above. Client will reimburse Consultant
for all travel costs and expenses incurred by Consultant on Client’s behalf. Unless otherwise agreed,
invoices are due and payable within fifteen (15) days of the date of the invoice. If any amount due
hereunder is not paid when due, the Consultant shall have the right to charge interest at the rate of the
lesser of eight percent (8%) per annum or the highest rate allowed by law on the unpaid amount.
3.INTELLECTUAL PROPERTY
Upon payment in full for services, Consultant hereby assigns to Client all right, title and interest that
Consultant has in all documents created for Client under the Scope of Work, including but not limited to
any copyright in said documents. Upon request, Consultant will, at Client’s expense, execute any
additional documentation requested by Client to formalize or document the transfer of rights to Client.
Client understands and agrees that Client is solely responsible for assessing and securing any intellectual
property rights as they arise when working with Consultant. Consultant may use examples of the work for
Client for such things as client acquisition(s) and brand building purposes. In the event Consultant
acquires third party rights for use in any Client materials (i.e. – photographs, etc.), Client agrees to use
the third-party materials within the scope of the license acquired and for no other purpose. Client agrees
to indemnify and hold Consultant harmless from and against any claims made by a third party arising from
Client’s use of the materials outside of the scope of the license or through any negligent act or omission
by Client. for This section will survive the termination of this Engagement in perpetuity.
4.LIMITATIONS ON LIABILITY
Consultant, its data licensors and its third parties are not and shall not be liable for any claim, injury or
damage(s) arising from the Client’s use of or the inability to use Consultant’s services or licenses,
including, without limitation, any negligent acts or omissions in procuring, compiling, collecting,
interpreting, reporting, communicating or delivering information. This section will survive the termination of
this Engagement in perpetuity.
5. TERMINATION
This Engagement shall commence on the date set forth above and shall remain in effect until the work
described in the Scope of Work is completed, or until terminated by either party. Unless otherwise agreed,
either party may terminate this Engagement at any time upon sixty(60) days written notice to the other
party of their desire to terminate this Engagement. In addition, Consultant may cease work immediately
upon notice to Client if amounts due hereunder are not paid as agreed. Termination shall not relieve either
Party of any obligations incurred prior to the termination or contained within this Engagement (or the
Terms & Conditions). Upon termination, Consultant agrees to cease all promotions of Clients’
services/products, as well as cease all use of Client’s technology and Marks. Upon request, Consultant is
to promptly destroy or return all copies (electronic or written) of content, technology, and any other
confidential or proprietary information in Consultant’s possession or control.
6. CONFIDENTIALITY
“Confidential Information” means all non-public information delivered by one party to the other, which
information is marked as “confidential”, “proprietary” or with other words of similar import. Neither party
may use, disclose, sell, license, publish, reproduce, or otherwise make available the Confidential
Information of the other party to any unauthorized third party. Each party will secure and protect the
disclosing party’s Confidential Information in a manner consistent with the manner in which the receiving
party secures and protects their own Confidential Information. This Section shall survive termination of
this Engagement in perpetuity.
7.INDEPENDENT CONTRACTOR
Consultant and Client are independent contractors of one another and neither party's employees will be
considered employees of the other party for any purpose. This Engagement does not create a joint
venture or partnership, and neither party has the authority to bind the other to any third party. Consultant
is solely responsible for all taxes arising from or due in connection with Consultant's services under this
Engagement.
8.GOVERNING LAW AND JURISDICTION
This Engagement shall be governed and construed in accordance with the laws of the State of Minnesota
without regard to the conflicts of laws or principles thereof. Any dispute, action, or suit related to this
Engagement shall be brought in the state or federal courts sitting in Ramsey County, Minnesota.
9. NOTICES
Any notice or other communication required or permitted under this Engagement shall be given in writing,
including, but not limited to email communications.
10. WAIVER
No waiver by either party of any breach of this Engagement shall be deemed a waiver of any preceding or
succeeding breach of the same or any other provisions herein. No such waiver shall be effective unless in
writing and then only to the extent expressly set forth in writing.
11. MODIFICATIONS
This Engagement contains the complete agreement of the parties on the topics contained herein. No
modification(s) of this Engagement shall be effective unless in writing and signed by both parties.
12. SEVERABILITY
If any provision of this Engagement is invalid or unenforceable under any statute or rule of law, the
provision is to that extent to be deemed omitted, and the remaining provisions shall not be affected in any
way.
13. CLIENT RESPONSIBILITIES
It is the client’s responsibility to provide all necessary materials and any necessary content, in the formats
required, for the Consultant to perform work as specified in the Scope of Work.
The signatures below indicate a legally binding Engagement and acceptance of this SOW by the parties.
Peachiie Marketing LLC (Consultant)___________________________(Client)
By: _____________________________By: _____________________________
Name: ___________________________Name: ___________________________
Title:_____________________________Title:_____________________________
Libbie M. Junker
Libbie M. Junker
Co-founder, Owner
City of Stillwater
Ted Kozlowski
Mayor
DATE: March 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Doug Brandy, Manager
SUBJECT: St. Croix Valley Recreation Center Lighting Purchase Request
BACKGROUND
These proposed game day lighting and production tools are vital to elevating the
experience for our fans, hockey players, and all ice-related participants.
Operation of this high-tech equipment will provide an opportunity for SAHS students to
gain real world experience in the game day operations career path. The ultimate goal is
to create a symbiotic relationship between SCVRC and SAHS students where students
take over operation of the equipment and production to create a unique, unparalleled
atmosphere at the rink.
Successfully operated, this equipment will create an atmosphere that visiting fans and
players look forward to experiencing and Pony fans and Stillwater community members
refuse to miss. Along with bringing Pony hockey game day to the next level, it would be
utilized by Minnesota Hockey for district, region, and state tournaments. The distinct
atmosphere this equipment creates provides an experience that will keep bringing
Minnesota Hockey back to SCVRC for major tournaments because only we can provide
game day experiences not found at other comparable rinks. Major tournaments mean
major dollars being immediately injected into our community via hotel stays, meals at
restaurants and general entertainment.
Beyond hockey, this equipment can be used in a myriad of ways to service our
community. Friday nights at SCVRC become “Teen Skate” night and SCVRC becomes
the safe and cool place to be for late elementary schoolers through early high schoolers
all across the community. The equipment will provide an ambiance that harkens back to
the days of the mighty roller rink, but on ice. The equipment would also be used for ice
shows and theatre, making our rink the go-to place for clubs to stage their show. This
will enhance our figure skating program and create growth of membership.
Purchase, install, and operation of this equipment, along with exciting, relevant
production is only the beginning of constructing a climate that sets us apart from other
rinks. Hockey programs, and ice-related clubs in general are doing more and more to
attract and keep participants. The rinks should also take some responsibility in that as
well. Beyond doing our part to maintain a strong youth association and high school
programs, this is a way for us to draw in more members of our community to experience
what we have to offer whether its through Learn-To-Skate programs, open walk and
field, senior softball programs or facilitating birthday parties.
Funding for this equipment will be through user fees. Total cost is $61,533.18.
Equipment consists of viper moving head lights, gobos, hazers, etc. plus install and
programing of listed equipment. Additional fee for rental of an aerial lift and outlets.
ACTION REQUESTED
Motion to approve the purchase of lighting package from Legacy Production Group.
SCVR-LX Package Install
23-0316
Customer PO:
Terms:50/50
Tony MahmoodAccount Manager:
Inquiry
Quote Number:
Quote Status:
Quote Date:2/10/2023
Valid Until:3/3/2023
Best WayShipping:
Tax:Tax Exempt (ST3)
St. Croix Valley Recreation
Doug Brady
1675 Market Dr.
Stillwater, MN 55082
Mobile: 651-592-0031
Email: recctr@ci.stillwater.mn.us
Client
St. Croix Valley Recreation
1675 Market Dr.
Stillwater, MN 55082
Venue
Time TotalQtyPriceRateDescription
Finished Goods and Parts
1GRANDMA3 ONPC 4 PORT NODE 4K
12MARTIN VIPER PERFORMANCE
1ENTTEC ODE MK3
1TOUCHOSC CONTROL SURFACE FOR IPAD
1TOUCH DESIGNER
1OBSIDIAN RDM 645 RDM SPLITTER
1NETSHELF
1THINKCENTRE M70Q
12X1 KVM HDMI
1SMART RACK FOR KVM
2KVM CABLE
2MARTIN LENS TUBE 26* WHITE
TO HIGHLIGHT FLAGS
2MARTIN ELP LEKO WW WHITE BODY
TO HIGHLIGHT FLAGS
2PURLIN CLAMP SILVER
2TOUR HAZER II PHENOL CASE 120V
1DMX CABLE
1CAT6 CABLE WHITE
4TOUR HAZER FLUID - 5L
1NETGEAR POE SWITCH
1MISC INSTALL HARDWARE
1COLOR SCENIC GOBO ORIGINAL - VIPER
STILLWATER GOBO 1
1COLOR SCENIC GOBO ORIGINAL - VIPER
STILLWATER GOBO 2
1COLOR SCENIC GOBO ORIGINAL - VIPER
MAHTOMEDI
1COLOR SCENIC GOBO DUPLICATE- VIPER
STILLWATER GOBO 1
Legacy Production Group, LLC
6521 James Ave N
Page 1 of
612.568.1213
22/10/2023 6:45 AM
Brooklyn Center, MN 55430
SCVR-LX Package Install
Time TotalQtyPriceRateDescription
Finished Goods and Parts
1COLOR SCENIC GOBO DUPLICATE- VIPER
STILLWATER GOBO 2
1COLOR SCENIC GOBO DUPLICATE- VIPER
MAHTOMEDI
Finished Goods and Parts Total:$48,808.18
Time TotalQtyPriceRateDescription
Labor
2Sr. Service Technician
INSTALL VIPERS, HAZERS
1L-1 Lighting Director
PROGRAM LIGHTING, CONFIGURE IPAD INTERFACE
Labor Total:$9,850.00
Time TotalQtyPriceRateDescription
Freight
1Shipping/Handling
ESTIMATE
Freight Total:$1,000.00
Time TotalQtyPriceRateDescription
Lighting
1GrandMA 2 Fullsize Console
ONLY USED FOR INITIAL INSTALL FOR PROGRAMMING
Lighting Total:$1,875.00
$61,533.18Subtotal:
$61,533.18Subtotal w/ Discount:
$0.00Sales Tax:
$61,533.18Total:
$0.00Total Applied Payments:
$61,533.18Balance Due:
LIFT PROVIDED BY VENUE TO GET UP TO THE DECK
120V OUTLETS INSTALLED BY OTHERS, NEED OUTLETS FOR
HAZERS
120V OUTLETS INSTALLED BY OTHERS, NEED OUTLETS FOR
ELP LEKOS
IF CONDUIT REQUIRED FOR LOW VOLTAGE, CONDUIT
WOULD BE INSTALLED BY OTHERS
Notes
Project Totals
Legacy Production Group, LLC
6521 James Ave N
Page 2 of
612.568.1213
22/10/2023 6:45 AM
Brooklyn Center, MN 55430
BOARD AGENDA
Board of Commissioners
Fran Miron, District 1
Stan Karwoski, District 2
Gary Kriesel, District 3, Chair
Karla Bigham, District 4
Michelle Clasen, District 5
March 14, 2023 - 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
1. 9:00
2. 9:00
3. 9:10
Roll Call
Pledge of Allegiance
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.
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 February 21, 2023, and February 28, 2023, County Board meeting minutes.
B. Approve Contract No. 15367 for a Grant Agreement with the Minnesota Department of Human
Services for Federal Medical Assistance Percentage (FMAP) on Medicaid expenditures for
Home and Community Based Services (HCBS) funding allocated to the Washington County
Adult Mental Health Initiative (AMHI) in the amount of $265,157 for the period of January 1,
2023, through March 31, 2024.
C. Approval for Washington County Community Services to apply for a Minnesota Housing
Finance Agency grant to provide Family Homeless Prevention and Assistance Program
(FHPAP) services.
D. Approve Post-Employment Health Care Savings Plan for The International Union of Operating
Engineers Local No. 49 Unit and direct the Director of Human Resources to sign the agreement
on behalf of the county.
E. Approve Contract No. 15368 with DataBank MIX, LLC for implementation, licensing,
maintenance and support for OnBase electronic document storage.
F. Approval of an application for On-Sale and Sunday Liquor License renewals and new Off-Sale
Liquor License for StoneRidge Golf Club Inc. located in West Lakeland Township.
G. Approval of an application for an Off-Sale Liquor License for Holiday Stationstores, LLC
located in Denmark Township.
H. Approval of an application for renewal of an On-Sale and Sunday Liquor License for The
Keystone Weddings and Events LLC in May Township, Minnesota.
I. Approval of an application for renewal of an On-Sale and Sunday Liquor License for VR US
Holdings DBA Afton Alps, located in Denmark Township.
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 Public Works - Erin Clarkowski, Engineer II (items A & B)
- Joe Welter, Building Services Sr. Project Manager (item C)
A.Approve Contract No. 15362 with the consulting firm LHB in the amount of $166,638 for the
County State Aid Highway (CSAH) 2 Rehabilitation Project.
9:25 B.1. Award the bid to and authorize execution of Contract No. 15354 in the amount of
$259,521.60 with Northwest Asphalt & Maintenance for the Washington County 2023 Crack
Seal Program.
2. Approve Cooperative Agreement No. 15300 between the Town of Baytown and Washington
County for crack sealing.
3. Approve Cooperative Agreement No. 15301 between the City of St. Mary's Point and
Washington County for crack sealing.
9:40 C.1. Approve Purchase Order No. 26551 with Midwest Mechanical Solutions for $490,000 to
supply the Law Enforcement Center Centrifugal Chillers for the Stillwater Campus Heating and
Cooling Upgrade Project.
2. Approve Purchase Order No. 26552 with TMS Johnson Inc. for $226,400 to supply the
Government Center Rotary Screw Chillers for the Stillwater Campus Heating and Cooling
Upgrade Project.
3. Approve Purchase Order No. 26553 with Mulcahy Company Inc. for $360,000 to supply the
Cooling Towers and Pumps for the Stillwater Campus Heating and Cooling Upgrade Project.
4. Approve Purchase Order No. 26554 with RM Cotton Company for $681,565 to supply the
Boilers for the Law Enforcement Center and the Government Center for the Stillwater Campus
Heating and Cooling Upgrade Project.
5. Approve Contract No. 15359 with Burnn Boiler & Mechanical Inc. in the amount of
$4,248,000 for the installation of mechanical systems on the Stillwater Campus Heating and
Cooling Upgrade Project.
J. Adopt a resolution of support and approval of a grant application being submitted by Great
River Greening to the 2024 Legislative-Citizen Commission on Minnesota Resources
(LCCMR) Minnesota's Environment and Natural Resources Trust Fund (ENRTF) Request for
Proposal (RFP).
K. Adopt a resolution authorizing the Washington County Sheriff's Office to accept a grant from
Marathon Community Investment Programs in the amount of $20,000 for wellness initiatives.
L. Adopt a resolution authorizing the Washington County Sheriff's Office to accept a donation
from the Montero family (Mahtomedi) in the amount of $8,775 for the Explorers Program and
Watery Recovery Team.
Consent Calendar continued
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
5. 10:00 General Administration - Kevin Corbid, County Administrator
A. Legislative Update
B. Adopt 2024 Budget Principles
6. 10:35
7.10:50
8.10:50
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 Correspondence
Adjourn
9. 10:50-11:15 Break
10. 11:15
11. 12:15
Board Workshop with Property Records and Taxpayer Services
A. Review Assessment Year 2023/Pay 2024 Property Values
Personnel Committee