HomeMy WebLinkAbout2023-05-16 CC Agenda Packet216 4th Street N, Stillwater, MN 55082
651-430-8800
www.stillwatermn.gov
AGENDA
CITY COUNCIL MEETING
May 16, 2023
REGULAR MEETING 7:00 P.M.
I.CALL TO ORDER
II.ROLL CALL
III.PLEDGE OF ALLEGIANCE
IV.RECOGNITIONS OR PRESENTATIONS
1.Stillwater Police Department Oath of Duty Presentation – Sergeant Justin Dowley
2.Proclamation – Bike Month
3.Proclamation – Gun Violence Awareness Day
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
4.Public Works Director
5.Police Chief
6.Fire Chief
7.Finance Director
8.Community Development Director
9.City Clerk
10.City Attorney
11.City Administrator – 2022 Annual Report
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.
12.May 2, 2023 Workshop and Regular Meeting Minutes
13.Payment of Bills
14.Building Department Request for Service Agreement with MNSPECT, LLC
15.Law Enforcement Labor Services Memorandums of Agreement - 2 Resolutions
16.Off-Sale Liquor License for Mistral Wine Co dba So What Wine – Resolution
17.Public Works Reroof Project Contract Agreement for Design Services
18.Site Lease Agreement with Washington County for a Tower at 2001 Willard Street
VIII.PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less.
19.Amending City Code Sections 31-101, 31-300 through 31-315, 31-501 and 31-502 regarding
Accessory Uses and Structures in residential districts – Ordinance 1st Reading
20.Amending City Charter Article III section 3.01 Elective Officers, Article IV section 4.06 Elections,
Article V section 5.05 Council meeting records, and Article V section 5.06 Holding other offices –
Ordinance 1st Reading
IX.UNFINISHED BUSINESS
X.NEW BUSINESS
XI.COUNCIL REQUEST ITEMS
XII.ADJOURNMENT
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.stillwatermn.gov
AGENDA
CITY COUNCIL MEETING
May 16, 2023
REGULAR MEETING 7:00 P.M.
I.CALL TO ORDER
II.ROLL CALL
III.PLEDGE OF ALLEGIANCE
IV.RECOGNITIONS OR PRESENTATIONS
1.Stillwater Police Department Oath of Duty Presentation – Sergeant Justin Dowley
2.Proclamation – Bike Month
3.Proclamation – Gun Violence Awareness Day (available Tuesday)
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
4.Public Works Director
5.Police Chief
6.Fire Chief
7.Finance Director
8.Community Development Director
9.City Clerk
10.City Attorney
11.City Administrator – 2022 Annual Report
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.
12.May 2, 2023 Workshop and Regular Meeting Minutes
13.Payment of Bills
14.Building Department Request for Service Agreement with MNSPECT, LLC
15.Law Enforcement Labor Services Memorandums of Agreement
16.Off-Sale Liquor License for Mistral Wine Co dba So What Wine – Resolution
17.Public Works Reroof Project Contract Agreement for Design Services
18.Site Lease Agreement with Washington County for a Tower at 2001 Willard Street
VIII.PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less.
19.Amending City Code Sections 31-101, 31-300 through 31-315, 31-501 and 31-502 regarding
Accessory Uses and Structures in residential districts – Ordinance 1st Reading
20.Amending City Charter Article III section 3.01 Elective Officers, Article IV section 4.06 Elections,
Article V section 5.05 Council meeting records, and Article V section 5.06 Holding other offices –
Ordinance 1st Reading
IX.UNFINISHED BUSINESS
X.NEW BUSINESS
XI.COUNCIL REQUEST ITEMS
XII.ADJOURNMENT
City of
Stillwater, Minnesota
Mayor
Proclamation
WHEREAS, throughout the month of May, the City of Stillwater will celebrate biking and
the freedom, the joy, and the well‐being it imbues within us, as well as the power that more people
riding bikes has in making life better for everyone; and
WHEREAS, May 15‐21, 2023 is “Bike to Work Week” and May 19, 2023 is “Bike to Work
Day”; and
WHEREAS, throughout the month of May, the residents of the City of Stillwater and its
visitors will experience the joys of bicycling through group rides, races, commuting events,
educational programs, charity events, and/or by simply getting out and going somewhere by bike;
and
WHEREAS, bicycling has been shown to improve citizens’ health, well‐being, and quality of
life, growing the economy of the City of Stillwater, attracting tourism dollars and local business
spending and reducing pollution, congestion and parking costs on our streets and roads; and
WHEREAS, the City of Stillwater will be promoting the use of the bicycle as both a means
of transportation and recreation year‐round to attract more visitors to enjoy our local parks and
trail systems, as well as restaurants, hotels, retail establishments, and cultural and scenic
attractions; and
WHEREAS, the City will also promote greater public awareness of bicycle operation and
safety education during Bike Month and year‐round in an effort to reduce collisions, injuries and
fatalities and improve health and safety for everyone on the road; and
NOW THEREFORE, I, Ted Kozlowski, Mayor of the City of Stillwater, do hereby proclaim
May 2023 as
~ Bike Month ~
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of
Stillwater to be affixed this 16th day of May, 2023.
City of
Stillwater, Minnesota
Mayor
Proclamation
WHEREAS, every day, more than 120 Americans are killed by gun violence and more than 200 are shot
and wounded, with an average of more than 17,000 gun homicides every year; and Americans are 26 times more
likely to die by gun homicide than people in other high‐income countries; and
WHEREAS, gun homicides and assaults are concentrated in cities, with more than half of all firearm
related gun deaths in the nation occurring in 127 cities; and cities across the nation, including the City of
Stillwater, are working to end the senseless violence with evidence‐based solutions; and
WHEREAS, protecting public safety in the communities they serve is mayors’ highest responsibility; and
support for the Second Amendment rights of law‐abiding citizens goes hand‐in‐hand with keeping guns away
from people with dangerous histories; and
WHEREAS, mayors and law enforcement officers —in partnership with local violence intervention
activists and resources —know their communities best, are the most familiar with local criminal activity and how
to address it, and are best positioned to understand how to keep their citizens safe; and
WHEREAS, gun violence prevention is more important than ever as we see an increase in firearm
homicides, and nonfatal shootings across the country, increased calls to domestic violence hotlines, and an
increase in city gun violence; and
WHEREAS, in January 2013, Hadiya Pendleton was tragically shot and killed at age 15; and on June 2,
2023 to recognize her 26th birthday (born: June 2, 1997), people across the United States will recognize National
Gun Violence Awareness Day and wear orange in tribute to Hadiya and other victims of gun violence; and the
loved ones of those victims; and
WHEREAS, the idea was inspired by a group of Hadiya’s friends, who asked their classmates to
commemorate her life by wearing orange; they chose this color because hunters wear orange to announce
themselves to other hunters when out in the woods, and orange is a color that symbolizes the value of human life;
and
WHEREAS, anyone can join this campaign by pledging and wearing wear orange on June 2nd, the first
Friday in June in 2023, to raise awareness about gun violence and honor the lives of gun violence victims and
survivors; and
WHEREAS, we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms
out of the hands of people who should not have access to them, and encourage responsible gun ownership to help
keep our families and communities safe.
NOW, THEREFORE BE IT RESOLVED, that I, Ted Kozlowski, Mayor of the City of Stillwater declare June 2,
2023, the first Friday in June, to be National Gun Violence Awareness Day. I encourage all citizens to support
their local communities’ efforts to prevent the tragic effects of gun violence and to honor and value human lives.
WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed
this 15th day of May, 2023.
City of Stillwater
2022 Annual Report
Page 1 of 36 May 2023
CITY DEPARTMENTS
Mayor & Council ............................................................................................................................................................................... 3
Administration .................................................................................................................................................................................. 8
Human Resources Department ........................................................................................................................................... 10
MIS Department ........................................................................................................................................................................ 12
Community Development .......................................................................................................................................................... 15
Planning Department .............................................................................................................................................................. 15
Building Inspections Department ...................................................................................................................................... 17
Engineering / Public Works ...................................................................................................................................................... 20
Engineering Department ....................................................................................................................................................... 21
Public Works Department ..................................................................................................................................................... 22
Finance ............................................................................................................................................................................................... 25
Fire ....................................................................................................................................................................................................... 27
Police................................................................................................................................................................................................... 31
Legal Services .................................................................................................................................................................................. 34
Page 2 of 36 May 2023
Citizens of Stillwater
Mayor & Council
Boards & Commissions
Downtown Parking
Commission Charter Commission
Heritage Preservation
Commission Joint Board
Human Rights Commission Joint Cable Commmission
Parks & Recreation
Commission Library Board of Trustees
Planning Commission Traffic Safety Committee
Utilities Commission
City Attorney
City Administrator
Administration
Human Resources
Information Technology
Community Development
Building Inspections
Engineering
Public Works St Croix Recreation Center
Finance
Fire
Police
CITY OF STILLWATER ORGANIZATIONAL CHART (2022)
Page 3 of 36 May 2023
Mayor & Council
All City powers are vested in the City Council, except as otherwise specified by law or the Stillwater City
Charter. The Council ensures all obligations and duties imposed on the City by law are implemented. Since
the City Council exercises its authority or takes action as one body, individual members of Council cannot
act on behalf of the City.
The City Council is the policy making and legislative body. Council members approve the tax rate, adopt
the budget and set the City’s vision. The Council provides leadership for the community by identifying
issues or opportunities and then implementing goals and strategies to solve issues. Council members
focus on City policies, the City vision, ordinances and intergovernmental affairs. Some examples: land use
development, comprehensive planning, capital improvement projects and strategic planning.
Ryan
Collins
Dave
Junker
Ted
Kozlowski
Larry
Odebrecht
Mike
Polehna
Budget Update (Unaudited)
The financial information shown only reflects expenditures and does not include any offsetting revenues.
Description Appropriation Actual
Personnel Services $79,035.00 $78,217.83
Services and Charges $76,615.00 $81,541.96
Miscellaneous $43,300.00 $32,925.65
Total $198,950.00 $192,685.44
Council Activities
The City Council continued to provide leadership to the City of Stillwater. The Council has strategically approved a
number of initiatives that make concrete steps to streamlining city operations; improving resident, visitor, and
business experiences within the City; and considering the future for decision making and policy implementation.
The Stillwater City Council has strategically moved forward with the following:
Comprehensive reorganization of downtown parking to improve user experience
Enhancing the City’s Capital Improvement Plan
Creation of a long-range financial planning document and tool
Voters
Council member
Ward 1
Council member
Ward 2 Mayor Council member
Ward 3
Council member
Ward 4
Page 4 of 36 May 2023
Formally worked with the State of Minnesota to seek funding for riverfront parks
Committed to improvement of City communications
Conducted a facilities condition rating and space needs analysis
Event Policy updated
Chestnut Street Plaza Project authorization
Enterprise Resource Planning (ERP) Software upgrade
Short Term Home Rental Ordinance updated
Downtown street lighting feasibility study
Axon mobile body cameras
Union Alley outdoor seating
City Hall exterior wall repair project
CBD Ordinance enacted
St. Croix Recreation Center reservation software upgrade
Tennis court replacement for Settler’s Park
Police and Fire Department staffing studies completed
Additional Police Department staffing and code enforcement
Three-year renewals for fire service contracts
Completed Library roof replacement
Increased cybersecurity management
The City Council adopted the 2023 City budget, conducted 24 Council meetings, adopted 172 resolutions and
enacted 18 ordinances.
City Council members are appointed annually as a liaison to a board or commission to facilitate communication and
interaction between the Council, internal advisory bodies and other governmental and non-profit organizations. A
liaison enhances communication between the City Council and other organizations. Liaison members serve only for
communication purposes and do not have any authority to vote, unless specifically designated by ordinance.
BOARD/COMMISSION COUNCIL MEMBER
Convention & Visitors Bureau Council member Polehna
Downtown Parking Commission Council member Junker
Fire Relief Association Council member Collins
Council member Polehna
Heritage Preservation Commission Council member Junker
Human Rights Commission Council member Polehna
Joint Board Mayor Kozlowski
Council member Odebrecht
Joint Cable Commission Council member Odebrecht
Lake Elmo Airport Advisory Commission Mayor Kozlowksi
Alternate: Community Development Director
Library Board of Trustees Council member Collins
Middle St. Croix Watershed Management Council member Collins
Alternate: Councilmember Polehna
Parks & Recreation Commission Council member Polehna
Planning Commission Council member Odebrecht
Utilities Commission Council member Polehna
Page 5 of 36 May 2023
2022 Strategic Plan
The City of Stillwater undertook their annual strategic planning process in July of 2022. The process included
individual meetings between the Mayor, City Council, Department Head Team and consultant as well as a 1 day
facilitated session on Thursday, July 21st. The session included:
Team building
Mayor, Council, and Department Head expectation presentations
Discussion on priorities, strategies, and projects
Discussion on champions and actionable steps to mover the priorities and strategies forward
The following represents the mission and core values of the City of Stillwater. This is important to include in the
2022 Strategic Action Plan as it provides a baseline for the discussions, strategies, and goals year over year.
Page 6 of 36 May 2023
Priorities/Strategies
This chart represents the priorities, strategies, and projects gleaned from the strategic planning session as well as
the individual meetings and the status of completion.
Communications/Relationship
Building Notes Status
Communication Strategy
No consultant was hired for
formulating a strategy for
communications to the public.
Peachii Marketing was hired to
manage social media approach
with better coordination from
management team; better
planning on messaging; and
more professional posts.
A comprehensive info
gathering and assessment of
communications currently
utilized will need to be
conducted.
Communication Position A position description was
drafted and pointed through HR
This can be considered as part
of the 2024 Budget discussion
Citizens Budget Annual Report will need to be
completed for data
Once Annual Report is
complete, it can be paired with
budget numbers.
This would also tie in with the
City’s communicating with the
public strategy.
Team Building
Staff has been in contact with a
local facilitator. The facilitator
has some template types of
activities. However, the City
determineS what we want to do.
If desirable, this can be
reaffirmed at Strategic
Planning 2023.
Develop/Maintain Key
Partnerships Ongoing
Downtown Steering
Chamber Meetings
CVB Meetings
Sustainable Stillwater
Operations Notes Status
Parking City Approvals Obtained On schedule for
implementation in 2023
Alternative Revenues Ongoing
Sales Tax – Hearing Complete
State Bonding – Hearing
Complete
Special Service District –
ongoing discussions with
Downtown business. Follow up
meeting likely in May when
this topic will be introduced.
Credit Card fees analyzed and
will be in 2024 Budget
Discussion
Liquor License Fees analyzed
and will be in 2024 Budget
Discussion
Employee Training Ongoing Maintained quality training
options for staff
Create/Enhance CIP Complete Presented on April 18, 2023
Page 7 of 36 May 2023
Organizational Staffing
Staff has been working on
position descriptions for
Communications and PW
Manager.
No vendor has been engaged.
This can be reaffirmed during
the 2023 Strategic Planning.
Long Range Financial Plan Ongoing Presented on April 18, 2023
Event Metrics Ongoing
Staff has numbers for the four
biggest events and their cost.
May be part of the 2024
Budget Discussion.
Possibly just send out under
separate cover to the City
Council. Trying to determine
best avenue for reporting.
Space Needs/Condition Rating Complete Presented on February 7, 2023
Community Notes Status
Economic Development
Authority Ongoing Business visits and surveys
Rental Housing Ordinance Ongoing
Preliminary team meetings to
discuss creation and timeline
for this. Likely ready for
consideration in the Fall
Park Staff Position Ongoing
Conversations between City
Administrator, PW Director,
and Councilmember Polehna.
Potential Position Description
drafted for 2024 Budget
consideration
Page 8 of 36 May 2023
Administration
Mission
The City Administration Department implements official policies of the Mayor and City Council by coordinating
City services to meet the needs of all who live, work, and recreate in the City of Stillwater. The professional staff
provides support, guidance, communications and leadership to assure that quality municipal services are provided
to the members of our community.
Department Organization
Budget Update (Unaudited)
The financial information shown only reflects expenditures and does not include
any offsetting revenues.
ADMINISTRATION
Description Appropriation Actual
Personnel Services $468,738.00 $491,067.26
Supplies $16,200.00 $14,382.82
Services and Charges $260,615.00 $231,369.26
Miscellaneous $4,430.00 $5,393.54
Total $748,983.00 $742,212.88
ELECTIONS
Description Appropriation Actual
Personnel Services $28,192.00 $20,177.98
Supplies $2,800.00 $622.03
Services and Charges $24,735.00 $12143.76
Miscellaneous $400.00 $0.00
Total $198,950.00 $32,943.77
PLANT/CITY HALL
Description Appropriation Actual
Personnel Services $127,011.00 $180,728.66
Supplies $47,000.00 $123,441.16
Services and Charges $159,210.00 $251,021.00
Miscellaneous $3,000.00 $8,777.15
Total $336,221.00 $563,967.97
City
Administrator
(1 FTE)
City Clerk
(1 FTE)
Administrative
Assistant*
(2 FTE)
Facilities
Manager
(1 FTE)
Human Resources
Manager
(1 FTE)
Human Resources
Specialist
(1 FTE)
Information Systems
Manager
(1 FTE)
MIS Specialist
(1 FTE)
IS Technician**
(1 FTE)
Page 9 of 36 May 2023
SPECIAL EVENTS
Description Appropriation Actual
Services and Charges $3,000.00 $13,163.33
Miscellaneous $57,000.00 $61,600.00
Total $60,000.00 $74,763.33
Program Descriptions & Goals
The Administration Department is responsible for the following functions: respond to inquiries and requests of the
City Council, oversee department heads and ensure departments coordinate work towards common city goals,
provide administrative services to departments, outside agencies, and the public, complete activities not under the
responsibility of other departments, and support communications and information to City Council and the
organization. In addition, the department includes the City Clerk, Facilities Management, Human Resources and
Information Technology divisions.
Provide staff support to the Mayor and City Council; provide thorough and objective analysis of issues,
including recommended courses of action
Prepare and submit an annual proposed budget and capital programs to the City Council
Ensure that all departments achieve their program objectives while adhering to City policies and
maintaining appropriate management procedures
Oversee the timely completion of major projects & community capital/park improvements
Develop City-wide strategies to guide the City's long-range development
Develop and administer services and assure transparency of Stillwater’s conduct of business operations
Coordinate the retention and distribution of City records (paper and electronic)
Program Accomplishments and Results, Special Awards, Recognitions
The Administration Department assisted with scheduling the annual City Council & management staff strategic
planning workshop; providing general City management; support for planning for major winter events; supporting
operational and project needs for City facilities; development of 2023 budget guidelines and budget proposals (in
conjunction with the Finance Director); and development of a Capital Improvement Program and Long-Range
Financial Plan.
Developed recommendations in conjunction with the Finance Director, for City Council review allocation
of American Rescue Plan Act (ARPA) funds. Including financial contributions to the Downtown Lighting
project.
Submitted annual resolution & report for participation in the State Performance Management Program.*
Assisted the Mayor & Council, staff, Chamber of Commerce and downtown businesses with planning of
Wintertime in Stillwater events, including the 2023 World Snow Sculpting Championship to position
Stillwater as a year-round destination. *
Review, discussed, and evaluated the role of the EDA in the City of Stillwater.
Collaborated with Greater Stillwater Area Chamber of Commerce on Leadership in the Valley program.
Processed liquor, tobacco, CBD, haulers, peddlers and towing licenses.
Successfully developed and delivered four City newsletters.
Conducted secure elections for the Primary Election and General Election
Oversee maintenance of website content to apprise the community of City News.
Continued digitizing city records.
*Notation: City Strategic Plan Element
Future Challenges and Opportunities
The City of Stillwater will continue to be challenged with increasing operational costs, infrastructure maintenance
(city streets, sidewalks, infrastructure, technology, and asset preservation needs, appropriate staffing levels, and
managing health care costs). The City Council and senior management staff will conduct a strategic plan workshop
in 2023 to review and update the City’s Strategic Plan goals and action items. Future opportunities and challenges
for 2023 and beyond include: managing changes in demographics impacting service, demand, operations, funding
and staffing decisions for the City; collaborative efforts with other government units, business, education and
Page 10 of 36 May 2023
community organizations to develop service delivery alternatives; succession planning through recruiting,
selecting and retaining the best possible talent for city positions to foster innovation, transitional thinking, and
facilitative leadership and teamwork to assist the city in meeting future challenges of senior management and line
staff transitions; develop a 2024 budget proposal including new high priority positions, update the capital
improvement plan to address deferred city building, street and sidewalk maintenance needs and high priority city
infrastructure projects included in the State Bonding Bill request; manage scoping process for possible St. Croix
Valley Recreation Center Possible Expansion project, and updates to the City Emergency Operations Plan and
Continuity of Operations Plan.
Program Output Indicators
2016 2017 2018 2019 2020 2021 2022
Data Practices Requests 4 3 26 36 40 52 64
Liquor & Tobacco Licenses Issued 114 139 117 127 121 127 131
Temporary Liquor Licenses Issued 9 16 14 11 2 8 11
Haulers Licenses Issued 0 0 0 11 12 15 15
Gambling Licenses Approved 12 17 19 18 18 11 17
Events Permits Reviewed and Issued 41 41 30 38 7 38 44
Human Resources Department
The Human Resources Department provides programs and services such as workforce planning, classification,
compensation, benefits administration, recruitment and assessment, policy, labor relations, development, risk
management and wellbeing. The department reports to the City Administrator, and is comprised of one full time
Human Resources Manager and one Human Resources Specialist Confidential. Partial allocation of Payroll staff
wages is also included in this budget.
Mission
To improve people’s lives, in service to the valley community.
Budget Update (Unaudited)
The financial information shown only reflects expenditures and does not include any offsetting revenues.
Description Appropriation Actual
Personnel Services $234,053.00 $241,414.98
Supplies $660.00 $207.03
Services and Charges $49,821.00 $49,348.64
Miscellaneous $2,182.00 $3,032.78
Total $286,716.00 $294,003.43
Program Descriptions & Goals
The department engages in a broad range of functions and serves as an advisor to the City Administrator and
various other departments on all personnel matters in the City. The department also provides Human Resource
(HR) consulting services to the Library as requested. Goals for 2022 were:
Identify options for retired city employees specific to city-provided health insurance and monitor
potential reduction in retiree health insurance property tax costs for retirees for inclusion in 2022 budget
process
Implement Medicare options for Retiree Health Insurance
Implement Market Analysis Wage Update
Serve as navigator for new City Administrator
Serve on the Police Department operational review team
Develop a learning culture in support of organizational excellence
Page 11 of 36 May 2023
HR Strategy: Value city employees – create a culture of excellence where employees live the City’s values
of Respect, Integrity, Trust, Quality, and Competence; promote professional development opportunities,
develop bench talent relative to succession planning.
Convene regular labor-management insurance work group meetings for analysis of insurance options for
future years.
Organize and facilitate risk management/safety committee
Negotiate and settle collective bargaining agreements
Program Accomplishments and Results, Special Awards, Recognitions
Human Resources is pleased to report on significant accomplishments and the ongoing commitment of strategic
priorities. The City’s traditional method of HR service delivery changed following the onset of the coronavirus
pandemic. Many experts dubbed the crisis “the big acceleration” because it evolved existing HR practices and
policies at such a rapid pace. Then traits associated with “the big resignation” followed. These traits were related
to retirements and reconsiderations.
COVID-19 spurred on the great resignation that began in 2021 and continued in to 2022. A record number of
employees voluntarily quit their jobs. The trend began ten years ago and the average monthly quit rate has
increased by .10 percentage points per year.
The City of Stillwater as an organization is comprised of mission-oriented people who choose every day to build a
stronger community and realize their potential. The City offers flexibility, purpose-driven work, and wellbeing.
The City’s employment opportunities are as follows, and 506 people applied for open positions. The City increased
its use of virtual interviews both internally and externally inclusive of interview panels and applicants.
The following positions were filled:
Administrative Assistant Library Information Services Supervisor
Assistant City Planner Maintenance Worker Parks
Assistant Public Works Superintendent Mechanic
Code Enforcement Technician Natural Resources Technician
Community Services Officer Paid On Call Firefighter
Engineering Technician Patrol Officer
GIS Technician Planning Manager
Human Resources Specialist Police Captain
Lead Worker – Public Works Police Data Specialist
Library Assistant I Police Reserve Officer
Library Custodian Police Sergeant
Library Custodian On Call Substitute Seasonal Maintenance Worker
Human Resources hosted a welcome reception for new City Administrator,
Joe Kohlmann, and then an annual expanded employee orientation program
in July. Attendee reviews were positive. “I thought it was great. I really liked
learning about City projects, the budget, the mission statement and council set
up, and the wellness information. It is a nice way to welcome new employees
and I have not experienced anything like this from past employers. It is nice to
work for a City that cares about their employees and wants them to be
knowledgeable about everything available to them, about what is going on, and
how things are done.”
Human Resources serves as a convener for labor management committees who meet on a regular basis. One is the
Insurance Work Group. The City’s Insurance Work Group analyzed insurance options, reviewed vision insurance
vendor proposals, and stayed the course with Blue Cross Blue Shield of Minnesota (BCBSMN) for its 2022 health
insurance based on plan design and premium for the City of Stillwater, inclusive of a rate cap for 2023. The City’s
Public Works Labor Management committee meets to discuss equipment replacement and other items important
to the operations that are outside of the collective bargaining process.
Collective bargaining later in 2022 involved six of the City’s labor organizations. The settled agreements followed
Council direction for three-year contracts, a general wage increase, and an increased employer health insurance
contribution toward premiums. The City Council also approved a special COVID-19 leave bank and 65 City
employees who suffered from COVID-19 during the year were able to utilize the special leave allocation in 2022.
Page 12 of 36 May 2023
The City’s wellness program offers an annual incentive, onsite education sessions, preventive screenings, wellness
programming, and more. With programming input from the City’s Worksite Wellness Committee, the City delivered
biometrics screening to 39 employees, hosted 14 educational opportunities, a blood drive, and an onsite flu
immunization clinic. Virtual programming was delivered electronically via Zoom, and onsite initiatives were
aligned with social distancing standards. The program enjoyed another year of record participation.
The City was also successful in securing a $5,000 State Health Improvement Program grant to support bicycling so
that its employees, on their own time, could enjoy many City routes and trails.
Tending to the holistic health of employees is a foundation of the Human Resources
model. In 2022, HR helped people with exercise by upgrading treadmills, adding a water
rower rowing machine to the employee fitness room, and securing grant funding used
to purchase bicycles and helmets.
The City provides its employees with key information to stay healthy and safe,
communicates regular updates, and engages its Employee Assistance Programming so
that families experiencing an increase in stress and other related wellbeing issues can
seek support.
Future Challenges and Opportunities
Goals for the upcoming year include:
Attract Talent
Highlight ways to combat the hiring crisis by promoting the City’s flexibility, well-being programs and
purpose driven work
Settle remaining collective bargaining agreements
Facilitate Insurance Work Group and reach consensus on health insurance plan designs for 2024
HR Analytics: Issue total rewards reports to employees to show them the value of their wages plus
employer funded benefits
Develop a learning culture in support of organizational excellence
COVID-19 pandemic planning, improved employee benefits, wellbeing, collective bargaining, retiree health
insurance, and implementation of an updated market-based compensation structure were some of the highlights
of 2022 having occurred in addition to the regular operational requirements. HR worked to professionally shape
the most important part of the service – the people, and looks forward to future progress aligned with the City’s
strategic plan.
Program Output Indicators
2019 2020 2021 2022
Recruitments – Permanent Positions 12 9 16 23*
Recruitments – Seasonal Positions 25 4 16 6
Number of job applications received 352 384 267 506
Number of background checks completed 46 25 40 27
Employee Count (Full Time and Part Time for 2022) 99 102.75 107 163**
Annual Turnover Rate (Vacancies/FTE) 12% 9% 15% 14%
*Inclusive of Library **Headcount changed from FTE to Actual Number of Employees
MIS Department
The MIS Department is an integral part of the City. Our team consists of three full time employees, IS Manager, MIS
Specialist and an IS Technician. Staff is responsible for the information technology needs of all City buildings
including City Hall, Police, Fire, Public Works, St. Croix Valley Recreation Center, Lily Lake Ice Arena, and the
Stillwater Public Library. In addition, we provide support for the Stillwater Parking Ramp and City owned parks.
Staff is on call 24/7/365 on a rotating shift.
Page 13 of 36 May 2023
Mission
MIS provides the tools to organize, evaluate and efficiently manage departments within the City by using secure,
reliable, and integrated technology solutions in alignment with administrative goals, while delivering excellence in
customer service.
In support of this mission, we will:
Collaborate with City managers to understand the information technology needs
Provide leadership and planning for the effective, dependable and strategic use of emerging technologies
Demonstrate technical and operational excellence through a commitment to professionalism and
continuous improvement
Budget Update (Unaudited)
The financial information shown only reflects expenditures and does not include any offsetting revenues.
Description Appropriation Actual
Personnel Services $317,909.00 $333,664.53
Supplies $83,500.00 $93,646.81
Services and Charges $260,993.00 $255,149.71
Miscellaneous $500.00 $0.00
Total $662,902.00 $682,451.08
Program Descriptions & Goals
The goal is to provide vision and leadership, deliver timely and effective responses, provide reliable, usable
information systems, and commit to developing and maintaining technically skilled staff. The MIS Department
provides users with the following services.
IS Infrastructure - install, maintain and keep up-to-date hardware and software components, cabling and
all other equipment necessary to make the information technology systems function according to the
established needs of the City. Network design, administration, and monitoring to keep the system working
properly. This also includes wireless networks, security cameras and key card entry systems.
IS Functionality – researching and maintaining operational applications, develo ping, securing, storing and
backing up electronic data that belongs to the City, and assisting in the use of software and data
management by all areas of the organization.
IS Support – configure, deploy, maintain, troubleshoot and support computer workstations, laptops,
printers, mobile devices, software, and other computer and telecommunications devices. Diagnose and
resolve problems associated with information technology. Inventory and document hardware and
software. Train and assist users.
IS Governance – establish and manage the selection, funding and prioritization of information technology.
Develop and maintain network security, data protection, policy, and compliance.
Website/Social Media – creating and maintaining the website and social media presence to meet the
needs of the City and the community.
Program Accomplishments and Results, Special Awards, Recognitions
During 2022, the MIS Department completed the following tasks.
Managed transition of separating the Police Department network
Managed implementation of Axon systems – body cameras, interview room, squad cars
Managed migration to Office 365
Transferred domain to Stillwatermn.gov
Engaged Arctic Wolf for Cybersecurity
Created and held IT Committee meetings
Maintained 256 PC’s and Laptops
Maintained 50 printers (workgroup printers, receipt printers and Dymo label printers)
Maintained 10 copiers
Supported 195 video cameras (city facilities, squad cars, interview rooms, and body cameras)
Page 14 of 36 May 2023
Upgraded and supported 5 video storage servers
Monitored 52 wireless access points,
Supported 375 TB of server storage, 77 TB of PC support and over 100 software applications
Monitored 92 mobile devices (smartphones, tablets), 187 desk phones and 30 soft phones (VPN)
Supported 25 switches, 6 firewalls, 4 hosts and 3 SAN’s
Maintain 75 keycard readers
Perform daily maintenance, troubleshooting and monitoring the City’s network
The IT Department worked on over 700 helpdesk tickets, researched and procured IT hardware and supplies,
participated in IT inventory asset management, managed backup and recovery of digital assets, troubleshoot
network issues, documented processes, configured phone systems and kept network assets current with patches.
Future Challenges and Opportunities
The role of IT is shifting and staff has become increasingly responsible for a more integrated approach to overall
strategy and operations. The IT Department has engaged Terre Heister to assist with clearly defining, documenting
and formulating a pathway to achieving the integrated approach noted above.
Defining the cloud and level of migration
Managing data security
Cloud Computing
Protecting and educating users against increased cybersecurity threats
Managing IT governance (risk, performance, strategic alignment, value)
Hiring and retaining talent
Page 15 of 36 May 2023
Community Development
Mission
To provide the community with a quality living environment and quality public services and facilities while
protecting cultural, historical and natural resources through fair and open government, care planning, effective
management and efficient fiscal policy.
Department Organization
Planning Department
Budget Update (Unaudited)
The financial information shown only reflects expenditures and does not include any offsetting revenues.
Description Appropriation Actual
Personnel Services $451,250.00 $379,946.52
Supplies $3,500.00 $3,086.18
Services and Charges $31,670.00 $25,510.20
Miscellaneous $6,500.00 $4,758.51
Total $492,920.00 $413,301.41
Program Descriptions & Goals
Long range planning
o Comprehensive Plan development and maintenance
o Neighborhood plan development
o Downtown Plan and Downtown Parking Plan
o Economic Development Plan
Current planning/Zoning Administration/Land Use Applications
Community Development Director
(1 FTE)
Building Inspections
Building Official
(1 FTE)
Building Inspector
(2 FTE)
Permit Technician
(1 FTE)
Planning Department
Planning Manager
(1 FTE)
Assistant Planner
(1 FTE)
Administrative Assistant
(1 FTE)
Page 16 of 36 May 2023
o Liaison to Planning Commission, Heritage Preservation Commission (HPC) and Downtown
Parking Commission
o Short term home rental license
o Ordinance development
o Historic preservation
Economic Development
o Public Financing (Tax Increment Financing (TIF), Tax Abatement)
o Business Retention and Expansion
o Liaison to Business Community
Zoning Code Enforcement
Program Accomplishments and Results, Special Awards, Recognitions
Restructured Planning Division staff and implemented several process and customer service
improvements
o Added Code Enforcement Technician (technically 2023, but designed in 2022)
Retooled Short Term Home Rental License requirements to streamline and focus regulatory context to
balance market trends while maintaining safe and healthy neighborhoods free of public nuisances
Created an Interim Use Permit process as another tool for flexibility in planning and zoning approvals
with the guidance and preparation of the City Attorney
Worked with City Attorney’s office, City Clerk and Police Department to implement zoning regulations for
massage establishments and cannabis licensing
Created a new zoning district, Neighborhood Commercial, to enhance preservation of neighborhood retail
nodes in older parts of Stillwater
Amended City Code to streamline review of lawful, nonconforming uses and to come into compliance
with State Statute
The Heritage Preservation Commission awarded the following projects recognition for their outstanding
work in design and preservation.
o River Siren Brewing at 225 Main St N (Exterior Building Improvements)
o Isaac Staples Mill at 401 Main St N (Master Sign Plan)
o Brick + Linen at 115 Main St N (Business Sign)
o Re/MAX Professionals at 626 4th St N (Adaptive Reuse of Historic Structure)
o Tiffany & Bradley Vick at 516 2nd St N (Residential Remodel)
o Ryan & Mary Collier at 107 Laurel St N (Residential Remodel)
o Washington County Heritage Center (Contributions to Heritage Preservation)
o Ron Brenner Architects (Contributions to Heritage Preservation)
Future Challenges and Opportunities
Continued process and customer service improvements
Balance of staff resources and expected customer timelines
Embracing technology enhancements
Implement process improvements suggested in Q1 Heritage Preservation Commission workshops
49 36 40 41
66 82 87 86 73 69 58
50 62 45 53
30
40 35 31
35 40
39
0
20
40
60
80
100
120
140
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Annual Planning Cases
Planning Commission Heritage Preservation Commission
Page 17 of 36 May 2023
Comprehensive update to zoning code
Implement recommended changes to accessory structure and accessory dwelling units
Building demolition and infill development policies and procedures
Implement new reporting system
Despite a decrease in number of applications, the complexity of many cases continues to increase taking
more time per case to resolve
Building Inspections Department
Budget Update (Unaudited)
The financial information shown only reflects expenditures and does not include any offsetting revenues.
Description Appropriation Actual
Personnel Services $405,891.00 $431,075.84
Supplies $9,300.00 $3,665.53
Services and Charges $73,855.00 $66,715.17
Miscellaneous $6,250.00 $1,415.69
Total $495,296.00 $502,872.23
Program Descriptions & Goals
Administer the Minnesota Codes (Building, Residential, Mechanical, Fuel Gas, Plumbing, Energy,
Accessibility, Conservation Code for Existing Buildings)
Construction consultation with owners, contractors, and designers
Perform Building plan reviews
Conduct building, plumbing and mechanical inspections
Short term home rental inspections
Keep current with new building materials and methods introduced to the industry
Program Accomplishments and Results, Special Awards, Recognitions
Approved Permit for The Miller Apartments
Approved Permit for Caribou Cabin
Assisted in revamping multi-departmental Technical Review Committee for project review
2748 3060 3075 3109
4125
6038
4339 4484 4128
3488
0
1000
2000
3000
4000
5000
6000
7000
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Number of Inspections
Inspections Available Resources
Page 18 of 36 May 2023
Future Challenges and Opportunities
Continue to digitize property files and consider additional technology enhancements to streamline
process
Continue to improve approval timelines to meet customer expectations with a focus on improving
customer service for larger commercial, industrial and institutional projects
Continue to enhance communications strategies to improve relationships with customers
Balance process improvements and staffing needs to meet the changing needs of customers and
increasing complexity of projects
Balance project workload with need for ongoing professional development
Increase availability for state delegation on large projects to better, and more quickly, respond to
customers’ needs
Increase professional development opportunities for staff to allow for more delegation of tasks allowing
for more independent decision-making capacity
Program Output Indicators
Target building permit turnaround times are listed below. Please note that staff is in the process of reformatting
this reporting system into a more accurate and automated reporting system. These results should not be
considered 100% accurate. Some more complex projects requiring plan revisions do exceed these reporting
metrics. That said, the City’s actual plan review timeframe is within approved metrics. Staff will focus on overall
timeframes in 2022, aiming to reduce total time from original submittal to permit issuance.
41 45
11
39 41
185
60
85
36 26
0
20
40
60
80
100
120
140
160
180
200
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
New Housing Starts
1105 1230
1504
1233
2193 2236
1496 1532 1509
1726
0
500
1000
1500
2000
2500
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Total Permits
Permits Resources
Page 19 of 36 May 2023
Overall Building Planning Engineering
Residential 14 days 7 days 3 days 3 days
Commercial 20 days 20 days 3 days 3 days
Yearly building permit turnaround times:
2018 Overall Building Planning Engineering
Residential 9.15 7.25 3.78 4.1
Commercial 12.73 4.7 8
2019
Residential 12.95 11.95 4.62 7.43
Commercial 31.12 21.41 6.67
2020
Residential 11.47 5.2 2.46 6.95
Commercial 29.7 8.73 2.84 1
2021
Residential 12 9.14 4.26 6.72
Commercial 15.56 13.36 2.82
2022
Residential 8.78 2.84 5.25 5.41
Commercial 22.83 7.05 1.55 1+
Page 20 of 36 May 2023
Engineering / Public Works
Mission
To provide the Stillwater community with essential services in a safe, reliable, and environmentally responsible
manner, placing a high value on quality and teamwork.
Department Organization
The Public Works Director who works directly for the City Council and the City Administrator heads the Public
Works Department. The Public Works Department is divided into two departments: Public Works and Engineering.
Public Works is separated three divisions; Streets, Parks, and Utilities. The Street Division includes streets, storm
sewer, lighting and fleet maintenance responsibilities. The Parks Division is responsible for parks maintenance and
organize special events. The Utilities Division includes sanitary sewer, and water distribution. All the departments
within the Public Works Department work together to coordinate services, provide quality customer service, and
ensure the infrastructure is reliable, efficient and done in a cost-effective manner.
Overall the Public Works Department consists of 30 full-time employees in Public Works: 6 in Administration, 20
assigned to Public Works, and 4 in Engineering. Annual hiring of 8-10 summer seasonal employees assist in each
of the departments. Personnel costs are funded from the General Fund, (Streets and Engineering), Enterprise Funds,
(Sanitary Sewer, Storm Sewer, Lighting) and Revenue Funds (Parks).
The Public Works Department is fortunate to have experienced staff that is very knowledgeable and skilled in their
jobs. At the end of 2022, the length of employment with the City for full-time employees ranges from 1.0 to 22.5
years, with 9 years of average experience. In 2022, Chad Rogness was promoted to Assistant Public Works
Superintendent and three new employess were hired in the department, Zach Austin and Trevor Eder Zdechlik as
Maintenance Workers and Josef Lindstrom as a Mechanic. Tim Moore retired in eary 2022 after 25+ years of
working in the Engineering and Public Works Department. Byron Theis, Engineering Technician and Taylor
Stockert, Natural Resources Technician both resigned and the De partment filled their position by hiring with Dillon
Mcclung and Andrew Coyne, respectively.
Public Works Director /
City Engineer
(1 FTE)
Engineering Department
Assistant City Engineer
(1 FTE)
Engineering
Technicians
(2 FTE)
Natural Resouces
Technician
(1 FTE)
Administrative
Assistant
(1 FTE)
Public Works Department
Streets Superintendent
(1 FTE)
Lead Worker
(3 FTE)
Maintenance
Worker
(5 FTE)
Parks Superintendent
(1 FTE)
Lead Worker
(1 FTE)
Maintenance
Worker
(6 FTE)
Utility Superintendent
(1 FTE)
Lead Worker
(2 FTE)
Maintenance Worker
(4 FTE)
Asst. Public Works
Superintendent
(1 FTE)
Page 21 of 36 May 2023
Engineering Department
The objective of the Engineering Department is to ensure that the City’s infrastructure is kept in working order and
rehabilitated in a cost-effective manner. The department is responsible for planning, design, and construction of all
municipal infrastructure, mapping, surveying, as-built records management, right-of-way management and
permitting, pavement and storm water management, grading and utility permits, coordinating projects with other
government agencies, and activities associated with park planning and building facilities.
Budget Update (Unaudited – General Fund Budget Departments Only)
The financial information shown only reflects expenditures and does not include any offsetting revenues.
Description Appropriation Actual
Personnel Services $338,100.00 $329,933.12
Supplies $5,900.00 $2,988.25
Services and Charges $52,865.00 $21,807.65
Miscellaneous $2,500.00 $10,607.03
Total $399,365.00 $365,336.05
Program Accomplishments and Results,
Improved 3.4 miles of streets as part of the 2022 Street Improvement Project
Completed construction of St. Croix River Shoreline Stabilization and Riverwalk Project
Update street and utility maps on GIS.
Begin construction of Chestnut Street Plaza Project
Conduct MS4 annual meeting.
Weekly erosion control inspections for developments.
Develop 5-year and 10-year Capital Improvement Plan.
Completed Neal Avenue Street Project
Delisting of two impaired waters (Minneosta Pollution Control Agency) Lily Lake and South Twin Lake
Sediment removal at outlet to Lake McKusick
Design for 72nd Street upgrade and trail project
Intergovernmental Projects
The Director of Public Works/City Engineer spent time coordinating and planning with Washington County,
MnDOT, Browns Creek Watershed District and Middle St. Croix Water Management Organization for various
projects affecting Stillwater and its infrastructure. The following is a list of projects and activities that were
contributed to in 2022.
County Road 5 Pedestrian Safety Improvement Phase 2 and 3 (design)
TH 36 and Manning Interchange Project (construction)
Future Challenges and Opportunities
Complete annual Street Improvement Project in a timely and efficient manner
Plan and develop street and utility extension for the southwest corner of the City
Update GIS system and Beehive Asset Management system
Continue development and study of southwest area street and utility extension
Construct Downtown Street Lighting Project
Page 22 of 36 May 2023
Public Works Department
The City of Stillwater Public Works Department is responsible for the reliable and the long-term operation,
maintenance, repair, improvement and management of all City infrastructure. Public works staff provides its
residents and businesses with clear passage of streets and trails, safe collection of wastewater, reliable flood
protection, beautiful parks, fields and recreational facilities.
Budget Update (Unaudited – General Fund Budget Departments Only)
STREETS
Description Appropriation Actual
Personnel Services $767,520.00 $814,701.37
Supplies $286,500.00 $290,725.88
Services and Charges $296,200.00 $297,746.08
Miscellaneous $20,300.00 $42,840.46
Total $1,370,520.00 $1,446,013.79
PARKS
Description Appropriation Actual
Personnel Services $766,376.00 $821,112.46
Supplies $118,850.00 $98,823.02
Services and Charges $270,455.00 $275,096.80
Miscellaneous $57,500.00 $91,944.53
Other Financing Uses $0.00 $0.00
Total $1,213,181.00 $1,286,976.81
Program Accomplishments and Results,
Developed 5-year and 10-year Capital Improvement Plan
Implemented park reservation software program
New playground equipment at Meadowlark Park and Anez Ridge Park
Upgrade of SCADA system for Sanitary Sewer and Water Department.
New tennis court surface at Settlers Park.
Implementation of Lumberjack Landing Master Plan
Rehabilitated Lake McKissick boardwalk
Constructed retaining walls in city parking lots 16 and 17.
Program Descriptions & Goals
Parks Division
The main objective of the Parks Division is to maintain and operate the parks in such a way as to promote recreation
and leisure opportunities for Stillwater residents. Stillwater’s Park System includes 34 parks, covering 624 acres,
26 miles of trails, 18 playground areas, 13 ballfields, 10 pickle ball courts, 6 tennis courts, and 6 bathroom facilities.
Activities required in meeting this objective include mowing, prep ballfields, trash pickup, maintain turf, inspect
park infrastructure, maintain bathrooms, plow trails, setup and take down special events. The Parks Division also
runs the Parks and Recreation Commission meetings.
Street Division
The Street Division’s is responsible for the streets, storm sewer, signs and lighting and fleet in the City.
Streets: The Street Department includes the repair and maintenance of the City’s 96-mile street network so they
are safe for the public. Activities include snow and ice control in the winter months, road maintenance repairs and
tree trimming in the summer months. Other work includes trim boulevard trees, crack sealing, seal coating, painting
crosswalks and pavement markings.
Page 23 of 36 May 2023
Storm Sewer: The Storm Sewer Department is responsible for the maintenance and operation of the City’s storm
sewer system to insure minimal flooding during the storm events and to minimize the impact of storm water runoff
to the environment. The City’s storm system consists of 80 miles of storm sewer, 3,200 storm drains/manholes, 1
lift station, 140 ponds and 101 wetlands. As part of the City’s MS4 permit, the City annually inspects and performs
necessary repairs on 25% of the City’s storm ponds and wetlands.
Signs and Lighting: The main objective of the Signs and Lighting Division is to maintain and operate signs, lighting
and signals to ensure roadway safety for the public. The City has 3,599 traffic signs, 1,020 street name signs and
1,643 street lights. The department is in the sixth year of a 10-year plan to replace all traffic and street name signs
to meet the FHWA requirement for retro–reflectivity.
Fleet: The department is responsible for the repairs of over 110 pieces of equipment ranging from lawn trimmers
to tandem axle plow trucks as well assisting other city departments with their vehicle maintenance.
Utilities Division
The main objective of the sanitary sewer department is to insure uninterrupted operation of the City’s wastewater
collection system. The department maintains 92 miles of sanitary main, 14 lift stations, and 2,300 manholes. .
Activities in the sewer department include clean and televise sewer lines, operate and monitor lift stations, provide
24-hour oversight to emergency backups and system failures, repair damage lines and manholes, Activities for the
water department include daily pumphouse inspections, water testing and reporting, hydrant repair and flushing
and residential and commercial service response. The Public Works Director coordinates the Utility Commission
Meetings.
Future Challenges and Opportunities
Complete all scheduled capital outlay items
Update and complete 5-year Capital Improvement Plan
Improve service delivery to residents
Continue to look for ways to make the department more efficient
Upgrade lift stations
Maintain, repair and improve aging infrastructure (streets, park amenities and utilities)
Creation and development of two new parks: Bridgeview Park and Lumberjack Landing
Maintain equipment to provide better service
Maintain aging building facilities
Meet the demand of the city and residents with current staffing levels due to increase expectations, added
infrastructure, services and mandates
Keep staff trained to keep up with new technology
Dedicate staff time for planning, coordination and preparation for events and daily rental of parks and
facilities, volunteer groups.
Succession planning of leadership positions and replacement of senior employees within the department
Program Output Indicators
2017 2018 2019 2020 2021 2022
Street maintained, miles 94.20 94.82 95.48 95.5 95.7 95.7
Snowplow events 11 13 19 18 17 25
Asphalt patch mix use, tons 720 1050 944 1290 726 476
Sealcoat, miles of streets -- -- 1.97 1.5 1.8 .74
Crack filling, miles of streets -- -- 9.7 18.3 4.85 11.7
Right of way permits issued 48 83 53 62 70 85
Obstruction permits issued 15 24 23 23 25 27
Streets overlayed, miles 2.7 3 3 1.4 3.4 1.77
Streets reconstructed, miles 1.6 1.2 1.3 2.2 1.26 1.67
Properties assessed for improvements 367 347 314 313 408 305
Review of new home grading plans 3 40 59 36 37 24
Pond outfall inspections 37 36 48 27 34 28
Televised sewer pipes, in feet 7,656 10,560 19,008 19,535 23,330 32,362
Street sweeping, lane miles 2,730 2,350 3,375 2,715 3,354 3,256
Street sweeping debris, cubic yards 2,556 1,850 1,476 1,832 1.874 1,992
Sewer pipes jetted, in miles 26 27.5 19.9 21 17.8 30.4
Page 24 of 36 May 2023
Sewer backups, each 6 6 9 15 2 12
Lift station alarms, each 12 31 200 180 125
Park area, mowed, acres 69 69.18 75.70 75.70 75.70 77.3
Traffic signs replaced 356 409 365 522 470 375
Water main breaks, each 13 9
Water meters installed, each 37 41
Water pumped, million gallons 745.28 738
Forestry related residential visits, each 120 112
Page 25 of 36 May 2023
Finance
Mission
The mission of the Finance Department is to manage and maintain financial records in conformity with generally
accepted governmental accounting principles and in compliance with federal, state, and local laws. Additionally,
the department oversees the investment of public funds, cash management, and the issuance of debt. The
department develops and maintains effective and efficient financial planning, reporting, and central support
systems in order to assist the operating departments in achieving their financial objectives; provides the City
Council, City Administrator, and other City officials with financial information on a timely and meaningful basis;
provides quality service to the City’s customers and safeguards the City’s assets.
Department Organization
Budget Update (Unaudited)
The financial information shown only reflects expenditures and does not include any offsetting revenues.
Description Appropriation Actual
Personnel Services $419,128.00 $430,736.07
Supplies $3,400.00 $3,909.43
Services and Charges $105,170.00 $86,002.24
Miscellaneous $2,550.00 $1,158.77
Total $530,248.00 $521,806.51
Program Descriptions & Goals
The Finance Department is responsible for providing accurate and timely information regarding the City's financial
affairs. To achieve this, the department provides the following services:
Collection of revenue – Revenue is collected from a variety of sources including tax such as sales tax,
property tax, and utility user’s tax. Other sources of revenue include grant funds, charges for services,
interest earnings, and intergovernmental transfers.
Distribution of funds – Payments are made to vendors for services and material received. Employee
payroll checks and related benefits are paid on a bi-weekly basis.
Proper transaction recording – Detailed accounting is achieved by recording all financial transactions in
the City’s financial system using a 15-digit numbering scheme. Each of these General Ledger Numbers are
unique, are individually budgeted, and performance against these budgets are tracked.
Financial reporting – Annual reports include the Annual Financial Report (AFR), a report that regularly
receives awards for outstanding financial reporting from the Government Finance Officers Association
(GFOA).
Budget administration – A budget is prepared for City Administrator and Council review and approve on
a yearly basis. The approved budget is distributed and made available for public review and reference via
the internet. Internally, staff manages their department’s respective budgets.
Debt issuance/management – Debt is issued with the assistance of the City’s financial advisor.
Outstanding debt is administered in full accordance with the Official Statements of the City’s bond
issuances.
Finance Director
(1 FTE)
Assistant Finance
Director
(1 FTE)
Payroll
HR Technician
(1 FTE)
Senior Account
Clerk*
(1 FTE)
Accounting
Specialist**
(1 FTE)
Page 26 of 36 May 2023
Investment of City funds – The City’s idle cash is invested in strict accordance with the City’s Investment
Policy with particular emphasis on the following criteria:
Safety
Credit risk
Market risk
Liquidity, and
Yield
Program Accomplishments and Results, Special Awards, Recognitions
Successful 2021 Year End Audit
Certificate of Achievement in Financial Reporting for the 2021 Comprehensive Annual Financial Report.
Future Challenges and Opportunities
Enterprise resource planning (EPR) software selection and implementation
Succession planning for future staffing turnover or retirements
Funding for capital projects
Long range financial plan
Certificate of Achievement in Financial Reporting for the 2022 Annual Financial Report
Page 27 of 36 May 2023
Fire
Mission
Our commitment is to protect life and property through dedicated service to the community.
Values
The Fire Department’s vision is to provide service to our communities with P.R.I.D.E. - Professionalism, Respect,
Integrity, Dedication and Excellence.
Department Organization
The Stillwater Fire Department (SFD) was established by Council action on May 28, 1872. The Department is
configured as a combination Department consisting of 13 career fire personnel and up to 30 volunteer paid-on-call
personnel. Career staff consists of the Fire Chief, Deputy Chief/Fire Marshal, Assistant Chief of Operations, three
shift Captains, seven Firefighter/Engineers and one Administrative Support position. The Department is staffed
24/7/365 days per year with a minimum of two personnel. The volunteer paid-on-call personnel respond when
paged and are trained to various levels which include assistant chief officer to the rank of firefighter.
Budget Update (Unaudited)
The financial information shown only reflects expenditures and does not include any offsetting revenues.
Description Appropriation Actual
Personnel Services $1,933,193.00 $1,877,418.21
Supplies $61,750.00 $61,039.07
Services and Charges $308,565.00 $322,265.82
Miscellaneous $12,500.00 $8,900.28
Total $2,316,008.00 $2,269,623.38
Fire Chief
(1 FTE)
Deputy Chief
Fire Marshal
(1 FTE)
Assistant Chief
Operations
(1 FTE)
A Shift
Captain
(1 FTE)
Lieutenant
(1 VPOC)
Firefighter
Engineer
(3 FTE)
Firefighter
(4 VPOC)
B Shift
Captain
(1 FTE)
Lieutenant
(1 VPOC)
Firefighter
Engineer
(2 FTE)
Firefighter
(5 VPOC)
C Shift
Captain
(1 FTE)
Lieutenant
(1 VPOC)
Firefighter
Engineer
(2 FTE)
Firefighter
(5 VPOC)
Assistant Chief
(1 POC)
Fire Service Specialist
(1 FTE)
Page 28 of 36 May 2023
Program Descriptions & Goals
Stillwater Fire Department provides the following services to the City of Stillwater, City of Grant, Stillwater and May
Townships. The total response area includes 53 square miles and a permanent population of approximately 28,000
residents. Services provided include:
Fire Suppression
Structure – Residential/Commercial
Wildland/Urban Interface/Grass
Marine
Auto
Basic Life Support (BLS) Non‐Transport
Emergency Medical Services
Medical Emergencies
CPR & AED Certified
Advanced Airway Placement
BLS Drug Variances
Assist Lakeview EMS
Blood Pressure Wellness Checks
Code Enforcement/Inspections
New Construction
Commercial
Multi-Family Residential
Day Care/Foster Care
Special Events
Technical Rescue
Auto/Machinery Extrication
High Angle Rope
Hazardous Materials – Operations Level
Hostile Event Response
Community Support
Community Events
Station Tours
Water/Ice Rescue
Surface
Dive – Washington County Fire
Department Dive Team
Boat – River and Lakes
Terrorism Fire & EMS Education
In-service Training for Business – Fire
extinguisher, AED and CPR
Drills and Exercises – Conduct drills,
exercises and review emergency plans for
assisted living facilities and area business
Heart Safe Community Designation
Fire Prevention
School Visits and Activities
Open House
Senior Center Presentations
General Emergency Preparedness and
Fire Safety Presentations
Maintenance
City Fire Hydrants – Assist Water
Department with annual required
maintenance and flushing
Fire Station – Maintain building, grounds,
and mechanical equipment
Trucks/Response Equipment – Daily
inspections and inventory of apparatus
and equipment
Program Accomplishments and Results, Special Awards, Recognitions
The Department responded to 2,391 calls for service in 2022. This is a 5% increase in call volume from 2021.
In addition, SFD performed 469 code enforcement activities, in both new and existing structures; conducted plan
reviews; investigated potential fire code violations; performed equipment and station maintenance duties, and
completed over 2,400 hours of staff training to maintain required licensing and certification standards.
The Department strives for continuous quality improvement to meet the needs of our ever-developing community.
Standard performance measures and improvements for 2022 included:
Insurance Services Office (ISO) rating of 4 - (1 best 10 worst)
Rated “Excellent” in quality of service by 99% of respondents who returned fire department quality of
service survey cards in 2022
2022 fire calls per 1,000 population for SFD’s response area was 16
2022 EMS call per 1,000 population for SFD’s response area was 53
Recognized and celebrated the Department’s 150th Anniversary
Delivery of new fireboat
Completed Community Risk Assessment and Standards of Cover Consultant Study
Received several applicants for volunteer paid-on-call personnel throughout the year
The department looks forward to 2023. The Stillwater Fire Department aspires to be a recognized public safety
leader providing a safe and secure environment for our community. The Department continually evaluates its
operations to ensure SFD consistently exceeds the expectations of our citizens. SFD will be working on
Page 29 of 36 May 2023
implementing recommendations from the consultant’s report in 2023 to improve operations and to better serve
our community today and into the future.
All activities to promote safety and ensure community preparedness are consistent with the City’s goal of
promoting Organizational Excellence and to provide the best possible service to our citizens.
84%
4%
4%
5%3%
City of Stillwater ‐ 2,009
City of Grant ‐ 103
May Township ‐ 102
Stillwater Township ‐ 110
Mutual / Auto Aid ‐ 67
Page 30 of 36 May 2023
Future Challenges and Opportunities
Staffing, community growth and special events are challenges facing the Fire Department and is a major concern
now and into the foreseeable future. The volunteer paid-on-call deployment model and providing consistent, well
trained, staff is an issue not unique to SFD and is a local as well as a nationwide concern. In addition, the
continued growth and expansion of our community and the addition of several new senior and assisted living
facilities continue to add risk and to the call volume SFD is experiencing.
Program Output Indicators
2016 2017 2018 2019 2020 2021 2022
Total Calls for Service 1,826 1,913 1,821 2,041 1,938 2,279 2,391
*Property and content values are based on Washington County property tax records and insurance estimates.
Stillwater Fire Department
Honoring our past . . .
Looking to the future!
Professionalism, Respect, Integrity, Dedication, Excellence
P.R.I.D.E.!
Page 31 of 36 May 2023
Police
Mission
To maintain and enhance the quality of life and public safety in Stillwater by working with the community, enforcing
laws and ordinances in a professional manner.
Department Organization
Budget Update (Unaudited)
The financial information shown only reflects expenditures and does not include any offsetting revenues.
POLICE
Description Appropriation Actual
Personnel Services $3,666,848.00 $3,855,056.59
Supplies $87,500.00 $96,057.44
Services and Charges $472,550.00 $474,440.78
Miscellaneous $34,750.00 $37,885.43
Total $4,261,648.00 $4,463,440.24
EMERGENCY MANAGEMENT
Description Appropriation Actual
Personnel Services $3,500.00 $0.00
Supplies $6,280.00 $1,222.29
Services and Charges $3,000.00 $2,468.92
Miscellaneous $0.00 $0.00
Total $12,780.00 $3,691.21
Police Chief
(1 FTE)
Admin / Investigation Captain
(1 FTE)
INVESTIGATIONS
Investigative
Sergeants
(1 FTE)
General
Investigator
(2 FTE)
SRO/Iuv
Investigator
(1 FTE)
RECORDS
Data
Specialists
(2 FTE)
ADMIN
SUPPORT
Community
Resource
Officer/Evidence
(1 FTE)
Community Service
Officer
(1 FTE)
Ops / Patrol
Captain
(1 FTE)
GENERAL
PATROL
Patrol Sergeants
(4 FTE)
Patrol Officers
(9 FTE)
DOWNTOWN
PRECINCT
Downtown
Officers
(4 FTE)
PATROL
SUPPORT
Parking
Enforcement
(1 FTE)
Page 32 of 36 May 2023
Program Descriptions & Goals
Primary programs are Patrol, Investigations, and Administration. Other programs include Parking Enforcement,
Event Security, Crime Prevention, SWAT, Crisis Negotiations Team, Mobile Field Force, Animal Control,
Emergency Management, and School Resource Officer
Patrol: Calls for service (Over 16,000 last year) realized a 11% decrease. We continue to re-imagine the
Downtown Precinct to address influx of tourists. Four (4) officers have been assigned to this unit from
our regular patrol assignment
Investigations: Investigate cases requiring follow-up or special resources. School Resource Officer
(time split between SW Middle School and Investigations). Computer Forensics investigations
Administration: Records requests; Background checks; budgeting and finance; logistics; planning;
Firearms Purchase Permits, maintaining and monitoring various databases. Working through
Organizational Assessment RFP and Policy/Operational Review
Crime Prevention: COVID-19 restrictions began to be lifted allowing for in-person events (Nite to
Unite/Bike Rodeo/Summer Tuesdays etc). Continued Increased Social Media - Facebook
Parking Enforcement: Oversee City parking infrastructure (ramp, lots, on-street parking), enforce
parking ordinances
Event Security: Provide planning and staffing for public safety at a majority of events occurring in City.
17866
15174
18723
16495
0
2000
4000
6000
8000
10000
12000
14000
16000
18000
20000
2019 2020 2021 2022
Annual Calls for Service
107
299
162
138
0
50
100
150
200
250
300
350
2019 2020 2021 2022
Gun Permits
Page 33 of 36 May 2023
Program Accomplishments and Results, Special Awards, Recognitions
Initial BerryDunn review completed and beginning implementation.
Developing Incident Action Plans/Prep/staffing models for large scale events in the city
Citizen Award given regarding assist in search for missing child
Medal of Valor Award, two (2) Distinguished Service Awards and a Letter of Commendation awarded to
officers
Future Challenges and Opportunities
Remodel of Police Department: Review of police facilities and future needs
Overall Staffing: Review of Police Department Staffing models and funding needs (2022 RFP with
implementation beginning in 2023)
Continued review of business practices and identified efficiencies in 2023. This will allow for a more
thorough review of admin/investigations needs moving forward
Mental Health/Substance Use Disorder Call Response: These types of calls for service are complicated
and resource-intensive. Collaboration with Washington County to begin in 2023, with one FTE assigned
as a Mental Health Detective.
Managing Statistics for Data-Driven Resource Deployment
Assignment of SRO to Full-time status at school beginning in 2023-2024 school year
285 291
239 189
572
501
321 343
0
100
200
300
400
500
600
700
2019 2020 2021 2022
Group A and Group B Offenses
Group A Group B
Page 34 of 36 May 2023
Legal Services
Mission
To provide the best quality legal services in the most efficient and professional manner.
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $0.00 $388.24
Supplies $0.00 $0.00
Services and Charges $201,605.00 $189,864.16
Miscellaneous $1,500.00 $3,152.00
Total $203,105.00 $193,404.40
Legal services are divided into four parts: Retainer, Non-Retainer, Pass-Through and EDA (Economic Development
Authority). Retainer services include providing routine legal advice, drafting routine ordinances or amendments,
review of contracts, conducting training for all boards and commissions and attending Council meetings. The
Retainer fees are $85,000 per year. Non‐Retainer services are billed above the Retainer and include non-routine
easement acquisitions and special projects. Pass‐Through services are development projects and litigation,
recovered by Developers or paid by the League of Minnesota Cities Insurance Trust. For 2022 the fees were:
TYPE OF SERVICE HOURS FEES
Retainer 694 $84,996
Non-Retainer 99 $13,132
Pass-Through 332 $64,323
EDA 8 $1,296
TOTAL 1132 $163,747
This total amount is about $15,000 less than 2021. The hours are reflected in the following charts:
Admin
24%HR
2%
Finance
1%
Comm. Dev.
26%PD
4%
Fire
1%
Public Works
2%
Park & Rec
1%
Water Board
0%
Library Board
1%
Charter Comm.
0%
Special
projects/Acquisitions
8%
Development/Litigation
29%
EDA
1%
Page 35 of 36 May 2023
Terra Springs
Development
35%
Nottingham Village
8%
Heritage Ridge
6%
Central Commons
23%
Marylane Gateway
9%
Landucci
4%
Caribou Cabin
9%
Other
6%
Development Projects
Lumberjack Landing
34%
Organizational
Structure Analysis
44%
Steam Engine 328
7%
City Code Revisions
7%
Riverbank
Stabilization
8%
Special Projects
Page 36 of 36 May 2023
Program Accomplishments and Results, Special Awards, Recognitions
Provided ongoing support to the Planning Department regarding planning and zoning matters, including
Stillwater Towing as they transitioned with new Staff
Acquired the property for the Lumberjack Landing Trail
Closed out the Terra Springs sidewalk/easement issues and collected over $220,000 in park dedication
fees
Reviewed JPAs for the PD with St. Croix County, Washington County for a social worker, BCA for Anti-
Heroin Task Force and BCA for Financial Crimes Task Force
Successfully completed the Long Lake Villas TIF litigation
Discovered the history of Steam Engine 328
Future Challenges and Opportunities
Continue to be engaged in the White Bear Lake litigation – scheduled for mediation
City Code Revisions
Lakeview Hospital Development
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.stillwatermn.gov
CITY COUNCIL MEETING MINUTES
May 2, 2023
WORKSHOP MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:31 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, 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
Assistant City Engineer Abdullah
Library Director Troendle
OTHER BUSINESS
Middle St. Croix Valley Regional Trail Master Plan
Connor Schaefer, Senior Planner with Washington County, reviewed the Middle St. Croix
Valley Regional Trail Master Plan. He explained the goals, time line, public engagement, costs
and implementation considerations. He addressed the Stillwater segments in detail and
stated the final approval process is expected in June-July.
Councilmember Junker asked if Stillwater will continue maintaining the regional segments
on existing trails within the City, or will there be County support; and Mr. Schaefer answered
that he does not think there will be any change in the short term, but when there are
significant new segments in place, would be the right time to ask that question.
Rick Heidick, Chairman of Sustainable Stillwater, spoke in support of the plan. He
emphasized the importance of trails for community connectivity, for commuting, and
transportation, as well as recreation.
Councilmember Junker noted that when it becomes a regional trail, some downtown
Stillwater segments will require riders to get off their bike for events and weekends.
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution
2023‐068, Resolution Supporting the Washington County Middle St. Croix Valley Regional Trail
Master Plan. All in favor.
River Grove School
Community Development Director Gladhill explained that the Manitou Fund has applied for
a Conditional Use Permit (CUP) to operate a school at 601 Main Street N, the current location
of the Zephyr Theatre. Alternatively, the applicant is also open to an Interim Use Permit
City Council Meeting May 2, 2023
Page 2 of 7
(IUP). The Manitou Fund would remodel the existing structure to house River Grove School,
a public charter school currently located in May Township. The Manitou Fund would lease
the building to the Zephyr Theatre for use outside of school hours as a temporary joint use.
Staff has determined the application to be incomplete pending completion of a traffic study
and other items needed for Planning Commission review. Exterior modifications to the
building require approval from the Heritage Preservation Commission (HPC), because the
site is within the Downtown Design Review District. Staff is seeking direction as to the level
of support for a request to allow a public charter school (K-6), as well as specific direction
on potential review processes.
Councilmember Collins voiced concern about the possibility of traffic stacking on Main
Street, and Councilmember Junker added that MnDOT is going to install a center island on
Main Street in this area, which will change the traffic dynamic.
Mr. Gladhill stated SRF, the firm doing the traffic study, is aware of this. He reviewed
proposed exterior building modifications on the trail side, and interior changes with
temporary walls and temporary staging. He reviewed the tight timeframe for development
review: HPC review on May 17 if the traffic study is completed, and Planning Commission
review May 24 under the best scenario. Public school plans must be reviewed by the State,
so the project might want to apply for that State plan review soon regardless of City
approvals.
Councilmember Junker stated the traffic study should include the anticipated number of
cars stacking up on Highway 95 in the morning and late afternoon.
Mr. Gladhill replied staff is confident the traffic study will show more than one scenario.
Potential concerns are: traffic safety, schedule/timeframe, compatibility with neighboring
properties, and ensuring the use will not be detrimental to surrounding properties. Staff
seeks Council direction on whether the use is similar to allowable uses of either a trade
school or a school for the arts. If yes, then staff seeks direction on whether the Council
supports the idea of the school as a permanent use or a temporary use.
City Attorney Land stated the use must be determined to be similar to allowable uses,
because right now it is not an educational institution under the definition in code. The
closest designation staff could find was trade school or school for the arts.
Nicole Bartelt, Board Chair for Zephyr Theatre and Drew Goodson, River Grove School
Director, offered to answer questions.
Councilmember Junker inquired if this proposal is truly an interim proposal, because some
items submitted stated the school might be interested in a second location for an arts school;
and Mr. Goodson replied that the school is disappointed to lose the opportunity to stay in
its current location and needs a temporary home. They have an amazing partner in Manitou
which has adjacent property, but to build a world class education center will take time. The
best solution is to have a temporary location to allow them to regroup for a 2-4 year period.
They have 223 students and have paused enrollment with 79 students on the waiting list.
Councilmember Odebrecht asked if the school would be comfortable with a condition in the
IUP capping the number of students at 225; and Mr. Goodson answ ered yes. They have about
50 staff members now, and will be closer to 40 with this move.
City Council Meeting May 2, 2023
Page 3 of 7
On a question by Councilmember Odebrecht regarding what will they do with the kids at
recess; and Mr. Goodson responded that they are professional problem solvers. There are
community assets they can use, for example the stairs to Pioneer Park. They also want to be
good neighbors and not abuse those areas.
Councilmember Odebrecht then inquired if the Zephyr Theatre is going to get back to a
working theatre/performing arts center; and Ms. Bartelt responded yes, the proposal is a
good interim step and they intend to keep delivering excellent programming. This may be
the only viable path for them to continue to be part of the Stillwater community.
Mayor Kozlowski noted there are many code improvements necessary to improve the
building that will benefit the community and the theatre.
Councilmember Junker asked if the real estate tax exemption filed by the Zephyr Theatre in
2021 will continue when the Manitou Fund owns the building; and Finance Director Provos
answered it currently is tax exempt with a special assessment.
Brian Bell, lawyer for the Manitou Fund, added that it is possible that the Manitou Fund will
own it through a single member LLC, in which case they may not have tax exempt status.
Council consensus was to use an Interim Use Permit process for the school.
Oak Park Heights Fire Study
City Administrator Kohlmann stated the City is invited to participate with the City of Oak
Park Heights on a review of local fire and EMS services. There is no obligation for financial
contribution, but it would consume staff time.
Council consensus was to direct staff to share information and answer questions, but not to
be a formal participant.
STAFF REPORTS
Assistant City Engineer Abdullah stated the flood berm will be removed in mid-May. He gave
updates on the CSAH 5 project, the 2023 street project, the park and trail project.
Police Chief Mueller acknowledged the tragic Waste Management accident last week, and
updated the Council on planning for the Lumberjack Days Parade.
Fire Chief Glaser reported the fire boat has arrived; May 4 is National Fallen Firefighters’
Day; the fire warning level is red flag.
Finance Director Provos noted auditors are done and the first draft is due May 24; kudos to
Vanessa Norby, Assistant Finance Director.
Mr. Gladhill led discussion on whether the Council wishes to extend free parking through
October due to the Chestnut Plaza construction disruptions. Consensus was to set a formal
start date of June 1 for existing pay lots, and September 1 for all other areas. Mr. Gladhill
reported The Miller now has residents living there; Chapel Hill Flats will go to the Heritage
Preservation Commission in May for changes to the elevator towers; Sundance Stillwater
will bring a revised concept in June; there is a Washington County Business Event May 11.
City Clerk Wolf stated staff has worked with Peachiie on a month of Facebook posts.
City Attorney Land reported that City Code revisions will be discussed May 18.
City Council Meeting May 2, 2023
Page 4 of 7
City Administrator Kohlmann gave a Sales Tax Bill update and stated White Bear Lake
mediation will take place tomorrow.
Library Director Troendle stated some old Stillwater Gazette newspapers are being
digitized. Library Board meetings will now start at 5 p.m. instead of 7 p.m. The new website
domain name is now live.
RECESS
Mayor Kozlowski recessed the meeting at 6:19 p.m.
REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:00 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht
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
Assistant City Engineer Abdullah
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
RECOGNITIONS OR PRESENTATIONS
There were no recognitions or presentations.
OPEN FORUM
Rick Heidick, Sustainable Stillwater, listed activities planned for Bike Month in May.
CONSENT AGENDA
April 18, 2023 Special and Regular Meeting Minutes
Payment of Bills
2nd Street Pond Sediment Project Contract Agreement
72nd Street Improvement Project Accept Bids and Award Contract – Resolution 2023‐069
Acapulco Restaurant Event for Cinco De Mayo and Extension of Liquor Premise –
Resolution 2023‐070
Benson Park Water Fountain Project Contract Agreement
Boards and Commission Annual Appointment of Members
Laurel Street Retaining Wall Project Contract Agreement
Settlers Glen Development Pond Survey and Sampling Contract Agreement
Short-Term Home Rental License for 807 Harriet St S
City Council Meeting May 2, 2023
Page 5 of 7
Temporary Liquor License for Stillwater Library Foundation 4th of July Event
Therapeutic Massage Business and Individual Massage Therapist Licenses –
Resolution 2023‐071 and Resolution 2023‐072
Union Alley License Agreement and Extension of Liquor Premise – Resolution 2023‐073
Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent
Agenda. All in favor.
PUBLIC HEARINGS
Case 2023‐07 to consider an appeal to Planning Commission denial for a Preliminary Plat and
Final Plat to create one lot and a Conditional Use Permit to allow a Car Wash at 2001
Washington Avenue
Community Development Director Gladhill reviewed the case. On March 28, 2023, the
Planning Commission denied the CUP to allow a car wash and recommended denial of
associated preliminary and final plats. Much of the Planning Commission’s concern was
about traffic, both external and internal to the site. The applicant is appealing the Planning
Commission’s decision and has submitted updated plans.
Mayor Kozlowski asked if staff is comfortable with the internal traffic solutions, and Mr.
Gladhill answered yes.
Mayor Kozlowski opened the public hearing.
Michael Givens, representing the property ownership, highlighted the changes made since
the Planning Commission meeting. There is one condition, a curb that was added to the
packet late, which they feel would be an impediment to the internal traffic flow. They have
improved the traffic flow into the lot using a right-in only in the southwest entrance.
Mr. Gladhill added this was not so much about getting drivers to a different part of the
intersection, it was about pedestrian safety interior to the site, which could be improved by
bringing more traffic to Tower Drive. He thinks an engineering solution can be found.
Mr. Givens added they got approval from Brown’s Creek Watershed District. They have
changed the proposed easement out to Tower, so now the lot extends out to Tower. There
will be an internal access agreement.
Bill Griffith, Larkin Hoffman attorney representing the applicants, stated the first access
point on Washington will be signed for a right-in only. He pointed out the additional
wayfinding signage throughout the site and agreed they can find a compromise mid-point
with the requested curb, so traffic can continue to flow.
Mayor Kozlowski closed the public hearing. He stated he understands the Planning
Commission denial but it is the City’s job to fix the intersection. The City can not keep
preventing property owners from using their property.
Councilmember Junker stated he is glad that there are two exits, Washington and Tower,
and the stacking room looks great.
Councilmember Odebrecht stated he is concerned about the car wash’s projected 7,000
memberships as mentioned at Planning Commission meeting. He appreciates the work
done, but does not think the intersection can handle those numbers.
City Council Meeting May 2, 2023
Page 6 of 7
Councilmember Collins stated he appreciates the applicant cleaning up the lot and the
additional info provided.
Motion by Councilmember Junker, seconded by Councilmember Collins, to uphold the appeal
and adopt Resolution 2023‐074, Conditional Use Permit to Facilitate a Carwash Located at
2001 Washington Avenue. Motion passed 3-1 with Councilmember Odebrecht voting nay.
Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution
2023‐075, Resolution Approving a Preliminary and Final Plat for MJG 2nd Addition, with the
additional adjustments that may need to be made with the curbing. Motion passed 3-1 with
Councilmember Odebrecht voting nay.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Summer Tuesdays 2023 Event Contract Agreement
City Administrator Kohlmann stated that Summer Tuesdays, Inc. submitted an application
for their 2023 special event permit Tuesday evenings in July to August. Event organizers are
requesting that the Council waive the base fee of $3,000.
Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to approve the
event and waive the base fee only. All in favor.
4th of July Celebration
Mr. Kohlmann updated the Council on planning for Stillwater’s 4th of July Celebration. The
Council is asked to approve the agreements with RES Pyrotechnics, St. Croix Jazz Orchestra,
BAM! Productions and Battery I, 1st US Artillery and provide direction on the schedule for
firing the cannons due to the complaints from last year.
Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve the
agreement and activities with cannon firing at 3, 4, and 5 p.m. on the hour. All in favor.
COUNCIL REQUEST ITEMS
There were no Council request items.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor.
The meeting was adjourned at 7:46 p.m.
Ted Kozlowski, Mayor
ATTEST:
Joe Kohlmann, Acting City Clerk
City Council Meeting May 2, 2023
Page 7 of 7
Resolution 2023‐068, Resolution Supporting the Washington County Middle St. Croix
Valley Regional Trail Master Plan
Resolution 2023‐069, Accepting Bid and Awarding Contract for 72nd Street
Improvement Project (2022-04)
Resolution 2023‐070, Resolution Approving Amendment to Liquor License for
Temporary Outdoor License Premise
Resolution 2023‐071, Approving Issuance of New Therapeutic Massage Business
Licenses and Individual Massage Therapist Licenses
Resolution 2023‐072, Denying Issuance of a Therapeutic Massage Business License
and Individual Massage Therapist License
Resolution 2023‐073, Resolution Approving Amendment to Liquor License for
Additional Temporary Outdoor License Premises
Resolution 2023‐074, Conditional Use Permit to Facilitate a Carwash Located at 2001
Washington Avenue
Resolution 2023‐075, Resolution Approving a Preliminary and Final Plat for MJG 2nd
Addition
Page 1
CITY OF STILLWATER LIST OF BILLS
Abbott Paint Paint 7,952.20
Ace Hardware Supplies 627.81
Adam's Pest Control Pest Control 255.00
Advance Auto Parts Equipment repair supplies 115.33
Advanced Graphix Inc. Graphics 1,409.00
Airgas USA LLC Chemicals 338.89
Aspen Mills Uniforms & badges 3,557.25
AT&T Mobility 6813 FirstNet Locator 38.23
BCA Training Training 375.00
Beacon Athletics Plugs and anchors 2,106.12
BHE Community Solar Solar Energy 5,604.13
BlueCross BlueShield Group Medicare Retiree Health Insurance 16,398.00
BlueCross BlueShield of MN Inc. Retiree Health Insurance 22,678.67
Bolton & Menk Inc. 72nd Street Road & Trail 37,487.50
Brady Doug Reimburse for Mileage 265.93
Brownells Inc Firearm cleaning supplies 252.60
Bruce Christopher Seminars 2nd half payment for presentation 5/1 1,500.00
Buberl Black Dirt Inc. Black dirt 176.00
Calibre Press Tactical Leadership 199.00
Cambronne Eric Reimburse for boiler license fee 20.00
Canteen Refreshment Services Concession supplies 300.94
Century College Fire Apparatus Operator training 3,000.00
Century Link Telephones 393.38
Century Power Equipment Spring 41.92
Cintas Corporation Uniforms 260.45
Clog Un-Boggler Inc. Unclog public restroom 150.00
Core & Main Hydrant ext 981.04
CrossCounty Boat Transport Boat transport 3,780.00
Eagle Engraving Bars 374.70
ECM Publishers Publications 57.50
Emergency Automotive Vehicle equipment 8,688.12
Enterprise FM Trust Lease vehicles 16,228.48
Environmental Equipment & Services Harness & battery box 155.00
Ferguson Waterworks #2518 Meter connections 330.88
Field Training Solutions FTO School - Ramirez 295.00
FleetPride Seal kit 129.39
Forestry Suppliers Inc. Supplies 78.06
Gopher State One Call Inc. Locates 407.70
Grainger Equipment repair supplies 1,000.72
Guardian Supply Uniform supplies - Felsch 346.98
Hardwood Creek Lumber Inc. Pine Lath 352.00
Hildi Inc Fire Relief Actuarial 1,100.00
Holiday Circle K - Washes Vehicle washes 305.00
Hotsy Equipment of Minnesota Equipment repair 407.86
Instrumental Research Water Testing 272.68
International Code Council Accessibility Commentary Book 70.95
Jaytech Inc Freight Surcharge 50.00
Jefferson Fire and Safety Inc. Replace Velcro 75.00
Johnson Hicks Marine Electronics LiveScope Plus System 1,627.93
Page 2
Kelly & Lemmons PA Prosecution 7,925.40
Kimball Midwest Supplies 141.97
Kwik Trip Inc Fuel 147.43
L.T.G.Power Coupling 57.92
Lake Country Door LLC Opener on fire barn reprogram 360.00
Lawson Products Repair supplies 125.23
League of MN Cities Ins Tr Municipality Insurance 190,465.00
LegalShield Data Breach Recovery 77.70
Less Lethal Inert Scented Powder Training Projectiles 974.50
LeVander Gillen Miller PA Professional service 23,662.06
Lincoln National Life Insurance Co COBRA Life Insurance 14.40
Loffler Companies Copier Lease 2,441.31
Madden Galanter Hansen LLP Labor Relations Services 540.88
Mansfield Oil Company Fuel 7,833.58
Menards Supplies 1,089.11
Metropolitan Council Environmental Wastewater Charge 181,840.36
Mid America Meter Meter 343.77
Midwest Machinery Co Equipment repair supplies 96.12
Minnesota Occupational Health Drug screens 419.52
Minnesota Sodding Company Millbrook youth lacrosse layouts 719.58
MK Mechanical Inc Building equipment repair 1,430.50
MN Chiefs of Police Assoc. Leadership Academy - Crist 725.00
MN Dept of Health Hospitality Fee 40.00
MN DNR License Center Polaris RGR-23 77.00
MN State Fire Chiefs Assn FOTOS - King 285.00
Modernistic Signs 498.60
MP Nexlevel LLC Locating 705.50
NELCOM Wireless Comm. Siren repair 1,886.20
Northern Tool - White Bear Lake Supplies 149.99
O'Neill Electric Equipment repair 853.39
Overhead Door Co Annual Maint 1,250.00
Oxygen Service Company Inc. Oxygen 265.94
Peachiie Marketing Social media mgmt 1,212.00
Peterson Andrew Douglas Reimburse for mileage to Total Mech 62.88
Polaris Sales Side by side vehicle 69,412.56
PreCise LLC Force America Inc 5mb Flat Data Plan 340.00
Pullen Annette Marie Therapy 220.00
Quill Corporation Office supplies 791.08
R&R Specialties Inc. Equipment repair supplies 360.60
Rehn Code Consulting Services Plan Review 7,591.51
Riedell Shoes Inc. Skates 3,245.34
Robole Donna Reimburse for supplies 46.31
Safe Fast Inc Cones 1,212.50
Safety Signs Supplies 1,575.50
Schmid Jenna Reimburse for conference expenses 763.00
Sentry Systems Inc. Alarm monitoring 180.00
Simplifile LC Filing Fees 50.25
St. Croix Boat and Packet Dock Space Lease 2,666.67
St. Croix Boat and Packet Co. Mar & Apr Arena Billing 199,443.48
Stillwater Motor Company Vehicle service 52.45
Stillwater Towing Towing service 150.00
Page 3
Street Cop Training ProActive Patrol Tactics - Crist Frank 598.00
T.A. Schifsky and Sons Aggregate 614.46
The Toonies LLC 6 environmental performances for Teddy Bear Park 5,400.00
Thomson Reuters Information Charges 167.75
Toll Gas and Welding Supply Cylinders 46.56
Tri-State Bobcat 2023 Toro Z Master 6000 11,538.62
Uline Inc Gas pressure washer & dry erase boards 4,012.96
US Bank Paying Agent Fees 2,100.00
Verizon Wireless Wireless Service 3,493.21
Veterans Memorial Super Valu Parking 4,347.00
Viking Auto Sprinkler Co. Replace drum drip 750.00
Voyant Communications Phone 537.09
Waste Management of WI-MN 30 Yd Demolition 684.30
Wruck Sewer & Portable Rental Portable Restroom 1,457.23
WSB & Associates Inc. MS4 Services 40.00
Wulfing David Reimburse for expenses for conference 1,198.90
LIBRARY
16 Wins Website Maintenance 380.00
Access Corp Shredding 178.46
Amazon Business Materials & Supplies 535.45
Baker and Taylor Materials 3,447.52
Brodart Co Materials 6,174.58
Cole Papers Supplies 499.98
Culligan of Stillwater Water 57.20
ECM Publishers Public Notice Bd Meeting Time Change 34.00
HealthPartners Occupational Medicine New Hire Drug Screen 116.00
Jenny Hanlon Consulting Programs 125.00
Madden Galanter Hansen LLP Attorney Fees 840.00
Menards Supplies 24.96
Music Together in the Valley Programs 200.00
Per Mar Security Services Security Monitoring 202.08
Playaway Products Materials - Audio 954.83
Washington County Library Reimbursements 224.73
Page 4
ADDENDUM
Happy Bridge 1st Qtr Lodging Tax Refund 9.97
Knoedler John Refund of Park Fee 100.00
Stillwater & Oak Park Heights CVB 1st Qtr Lodging Tax 77,627.49
Tejwani Ravi Refund of Park Fee 100.00
Viking Blinds Blinds 6,118.80
Xcel Energy Energy 19,621.93
TOTAL 1,013,996.49
Adopted by the Stillwater City Council this
16th day of May, 2023
Mayor Ted Kozlowski
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DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Tim Gladhill, Community Development Director
SUBJECT: Professional Services Agreement with MNSPECT , LLC for Building Permit
Plan Review and Inspections Staff Augmentation
BACKGROUND
The City has in the past, and continues to on a limited basis, augment Building
Inspections Staff with contracted services for plan review and inspections. Staff is
currently experiencing certain delays in plan review and inspections due to workload.
Workload is being driven by two (2) categories.
1. Existing Projects that began in 2022 and continue through completion in 2023
2. New Projects proposed in 2023, especially larger, more complex projects
The City has multiple large projects currently in the review and/or inspection process
and expects several more to apply in the coming months.
• Chapel Hill Flats/Landucci Construction
• Sandhill Shores at The Lakes of Stillwater (senior independent living)
• Manitou Fund Education & Arts Center (River Grove School/Zephyr Theater)
• Multiple Downtown Commercial Remodels
• Multiple Public School Remodels
Based on our current process and resources, commercial and industrial projects should
expect the current metrics (from the time of actual submittal), but even these timeframes
are often experiencing delays.
Initial Plan Review 3-4 Weeks
Revised Plan Review 1-2 Weeks
Inspection Window 48 Hours
In addition to the actual plan review time, there is often several additional days built into
the timeline when it comes to revising plans and resubmitting hard copies to the City for
review. The current process adds several days of logistics before Staff is even able to
get to plan review itself.
RECOMMENDATION
Staff obtained quotes and discussed scope of services with four (4) local vendors. Staff
recommends that the City enter into a professional services agreement with MNSPECT,
a wholly owned subsidiary of Safebuilt. Staff’s recommendation is based on the
following findings.
1. Already provide services to multiple neighboring communities, including but not
limited to Bayport and Lake Elmo
2. Part of a national company
a. If the local office is in need of additional resources, it has the ability to
access resources from other offices, especially for plan review
3. Has a team dedicated to plan review with a bench of talent nationwide and
licensure in Minnesota
4. Provides the best option for electronic plan submittal and customer portal to
upload plans for review
ACTION REQUESTED
Motion to approve the professional services agreement with MNSPECT, LLC.
1
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this _____day of ____________, 2023,
by and between the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082,
(“City”) and MNSPECT, LLC, 235 West 1st Street, Waconia, Minnesota 55387 (“Consultant”).
WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services;
and
WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions
set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby
agreed as follows:
1. SERVICES.
a. City agrees to engage Consultant as an independent contractor for the purpose of
performing certain professional Services (“Services”), as defined in the following
documents:
i. A proposed professional services agreement with exhibits, incorporated
herein as Exhibit A.
ii. Where terms and conditions of this Agreement and those terms and
conditions included in Exhibit A specifically conflict, the terms of this
Agreement shall apply.
b. Consultant covenants and agrees to provide Services to the satisfaction of the City
in a timely fashion, as set forth in Exhibit A, subject to Section 7 of this Agreement.
2. PAYMENT.
a. City agrees to pay and Consultant agrees to receive and accept payment for Services
as set forth in Exhibit A.
b. Any changes in the scope of the work of the Services that may result in an increase
to the compensation due the Consultant shall require prior written approval by the
authorized representative of the City or by the City Council. The City will not pay
additional compensation for Services that do not have prior written authorization.
c. Consultant shall submit itemized bills for Services provided to City on a monthly
basis. Bills submitted shall be paid in the same manner as other claims made to
City.
2
3. TERM. The term of this Agreement is identified in Exhibit A. This Agreement may be
extended upon the written mutual consent of the parties for such additional periods as they
deem appropriate, and upon the same terms and conditions as herein stated.
4. TERMINATION.
a. Termination by Either Party. This Agreement may be terminated by either party
upon thirty (30) days’ written notice delivered to the other party to the addresses
listed in Section 13 of this Agreement. Upon termination under this provision, if
there is no default by the Consultant, Consultant shall be paid for Services rendered
and reimbursable expenses until the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon
written notice in the event of substantial failure by the other party to perform in
accordance with the terms of this Agreement. The non-performing party shall have
fifteen (15) calendar days from the date of the termination notice to cure or to submit
a plan for cure that is acceptable to the other party.
5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services
provided for in this Agreement without the express written consent of the City, unless
specifically provided for in Exhibit A. The Consultant shall pay any subcontractor involved
in the performance of this Agreement within ten (10) days of the Consultant’s receipt of
payment by the City for undisputed services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of
its profession in the same locality at the time the Services are provided. No warranty,
express or implied, is made or intended by Consultant’s undertaking herein or its
performance of Services.
7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of
this Agreement for delays in performance caused by circumstances beyond the reasonable
control of the nonperforming party. For purposes of this Agreement, such circumstances
include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire;
epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and
other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses
or authorizations from any local, state, or federal agency for any of the supplies, materials,
accesses, or services required to be provided by either City or Consultant under this
Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable
time of being prevented from performing, give written notice to the other party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Consultant will be entitled to payment for its reasonable
additional charges, if any, due to the delay.
3
8. CITY’S REPRESENTATIVE. The City has designated Tim Gladhill to act as the City’s
representative with respect to the Services to be performed under this Agreement. He shall
have complete authority to transmit instructions, receive information, interpret, and define
the City’s policy and decisions with respect to the Services covered by this Agreement.
9. PROJECT MANAGER AND STAFFING. The Consultant has designated Gary Amato to
be the primary contact for the City in the performance of the Services. He shall be assisted
by other staff members as necessary to facilitate the completion of the Services in
accordance with the terms established herein. Consultant may not remove or replace these
designated staff without the approval of the City.
10. INDEMNIFICATION.
a. Consultant and City each agree to indemnify, and hold harmless each other, its agents
and employees, from and against legal liability for all claims, losses, damages, and
expenses to the extent such claims, losses, damages, or expenses are caused by its
negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses
are caused by the joint or concurrent negligence of Consultant and City, they shall be
borne by each party in proportion to its own negligence.
b. Consultant shall indemnify City against legal liability for damages arising out of
claims by Consultant’s employees. City shall indemnify Consultant against legal
liability for damages arising out of claims by City’s employees.
11. INSURANCE. During the performance of the Services under this Agreement, Consultant
shall maintain the following insurance:
a. General Liability Insurance, with a limit of $2,000,000 for any number of claims
arising out of a single occurrence;
b. Professional Liability Insurance, with a limit of $2,000,000 for any number of
claims arising out of a single occurrence.
c. Workers’ Compensation Insurance in accordance with statutory requirements.
d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each
person and $1,000,000 for each accident.
Consultant shall furnish the City with certificates of insurance, which shall include a
provision that such insurance shall not be canceled without written notice to the City. The
City shall be named as an additional insured on the General Liability Insurance policy.
12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications
prepared by the Consultant as part of the Services shall become the property of the City
when Consultant has been compensated for all Services rendered, provided, however, that
4
Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in
its standard drawing details, specifications, databases, computer software, and other
proprietary property. Rights to proprietary intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of the Consultant.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Attention: Tim Gladhill
Or e-mailed: tgladhill@ci.stillwater.mn.us
If to Consultant: SAFEbuilt, LLC
444 North Cleveland, Suite 444
Loveland, CO 80537
Attention: Joe DeRosa, CRO
Or emailed: jderosa@safebuilt.com
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its
officers, agents and employees pursuant to this Agreement shall be provided as employees
of Consultant or as independent contractors of Consultant and not as employees of the City
for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written
agreement of the parties.
b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall
be in writing. Such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach.
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
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.
5
e. 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.
f. 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.
g. Other. The following paragraphs from Exhibit A are hereby deleted or modified as
follows:
i. Section 26 is hereby deleted in its entirety.
[The remainder of this page is intentionally left blank]
6
CITY OF STILLWATER
By:
Ted Kozlowski, Mayor
By:
Beth Wolf, City Clerk
Date:
7
MNSPECT, LLC (“CONSULTANT”)
By:
Its:
Date:
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF STILLWATER, MINNESOTA
AND MNSPECT, LLC
This Professional Services Agreement (“Agreement”) is made and entered into by and between City of Stillwater,
Minnesota, (“Municipality”) and MNSPECT, LLC, a wholly owned subsidiary of SAFEbuilt, LLC, (“Consultant”).
Municipality and Consultant shall be jointly referred to as “Parties”.
RECITALS
WHEREAS, Municipality is seeking a consultant to perform the services listed in Exhibit A – List of Services,
(“Services”); and
WHEREAS, Consultant is ready, willing, and able to perform Services.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged,
Municipality and Consultant agree as follows:
1.SCOPE OF SERVICES
Consultant will perform Services in accordance with construction codes, amendments and ordinances adopted
by the elected body of Municipality, state laws and regulations that are applicable to the Service s provided
under this Agreement. The qualified professionals employed by Consultant will maintain current certifications,
certificates, licenses as required for Services that they provide to Municipality. Consultant is not obligated to
perform services beyond what is contemplated by this Agreement.
Consultant shall provide the Services using Community Core Solutions hardware and software package in
accordance with the provisions of Exhibit C.
2.CHANGES TO SCOPE OF SERVICES
Any changes to Services between Municipality and Consultant shall be made in writing that shall specifically
designate changes in Service levels and compensation for Services. Both Parties shall determine a mutually
agreed upon solution to alter services levels and a transitional timeframe that is mutually beneficial to both
Parties. No changes shall be binding absent a written Agreement or Amendment executed by both Parties.
3.FEE STRUCTURE
In consideration of Consultant providing services, Municipality shall pay Consultant for Services performed in
accordance with Exhibit B – Fee Schedule for Services.
4.INVOICE & PAYMENT STRUCTURE
Consultant will invoice Municipality, on a monthly basis and provide all necessary supporting documentation.
All payments are due to Consultant within 30 days of Consultant’s invoice date. Payments owed to Consultant
but not made within sixty (60) days of invoice date shall bear simple interest at the rate of one and one-half
percent (1.5%) per month. If payment is not received within ninety (90) days of invoice date, Services will be
discontinued until all invoices and interest are paid in full. Municipality may request, and Consultant shall
provide, additional information before approving the invoice. When additional information is requested
Municipality will identify specific disputed item(s) and give specific reasons for any request. Undisputed
portions of any invoice shall be due within 30 days of Consultants invoice date, if additional information is
requested, Municipality will submit payment within thirty (30) days of resolution of the dispute.
Exhibit A
5. TERM
This Agreement shall be effective on the latest date on which this Agreement is fully executed by both Parties.
The initial term of this Agreement shall be twelve (12) months. Agreement shall automatically renew for
subsequent twelve (12) month terms until such time as either Party notifies the other of their desire to
terminate this Agreement.
6. TERMINATION
Either Party may terminate this Agreement upon ninety (90) days written notice without cause and with no
penalty or additional cost beyond the rates stated in this Agreement.
This Agreement may be terminated for cause at any time if either Party to this Agreement should materially
breach any material provision herein. In such case, the non-breaching party will notify the breaching party in
writing specifying the respect in which such party has breached the Agreement. In the event that such breach
is not remedied to the reasonable satisfaction of the non-breaching party within thirty (30) calendar days after
delivery of the above notice, the non-breaching party may, by written notice to the breaching party, terminate
this Agreement, effective immediately. If the breach is cured to the satisfaction of the non-breaching party,
this Agreement shall continue as if no breach had occurred.
Consultant shall be entitled to receive payment for work completed up to and including the date of termination
within thirty (30) days of termination with or without cause.
7. FISCAL NON-APPROPRIATION CLAUSE
Financial obligations of Municipality payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of Municipality, and other applicable law. Upon the failure to appropriate such
funds, this Agreement shall be terminated.
8. MUNICIPALITY OBLIGATIONS
Municipality shall timely provide all data information, plans, specifications and other documentation
reasonably required by Consultant to perform Services (Materials). Municipality has the right to grant and
hereby grants Consultant a fully paid up, non-exclusive, non-transferable license to use the Materials in
accordance with the terms of this Agreement.
9. PERFORMANCE STANDARDS
Consultant shall perform the Services using that degree of care, skill, and professionalism ordinarily exercised
under similar circumstances by members of the same profession practicing or performing the substantially
same or similar services. Consultant represents to Municipality that Consultant retains employees that possess
the skills, knowledge, and abilities to competently, timely, and professionally perform Services in accordance
with this Agreement.
10. INDEPENDENT CONTRACTOR
Consultant is an independent contractor, and, except as provided otherwise in this section, neither Consultant,
nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent of
Municipality. Municipality shall have no liability or responsibility for any direct payment of any salaries, wages,
payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing
services for Municipality under this Agreement. Consultant shall be solely responsible for all compensation,
benefits, insurance and employment-related rights of any person providing Services hereunder during the
course of or arising or accruing as a result of any employment, whether past or present, with Consultant.
Consultant and Municipality agree that Consultant will provide similar service to other clients while under
contract with Municipality and Municipality acknowledges that Consultant employees may provide similar
services to multiple clients. Consultant shall at its sole discretion assign and reassign qualified employees, as
determined by Consultant, to perform services for Municipality. Municipality may request that a specific
employee be assigned to or reassigned from work under this Agreement and Consultant shall consider that
request when determining staffing. Consultant shall determine all conditions of employment for its
employees, including hours, wages, working conditions, promotion, discipline, hiring and
discharge. Consultant exclusively controls the manner, means and methods by which services are provided to
Municipality, including attendance at meetings, and Consultant’s employees are not subject to the direction
and control of Municipality. Except where required by Municipality to use Municipality information
technology equipment or when requested to perform the services from office space provided by the
Municipality, Consultant employees shall perform the services using Consultant information technology
equipment and from such locations as Consultant shall specify. No Consultant employee shall be assigned a
Municipal email address as their exclusive email address and any business cards or other IDs shall state that
the person is an employee of Consultant or providing Services pursuant to a contractual agreement between
Municipality and Consultant.
It is the intention of the Parties that, to the greatest extent permitted by applicable law, Consultant shall be
entitled to protection under the doctrines of governmental immunity and governmental contractor immunity,
including limitations of liability, to the same extent as Municipality would be in the event that the services
provided by Consultant were being provided by Municipality. Nothing in this Agreement shall be deemed a
waiver of such protections.
11. ASSIGNMENT AND SUBCONTRACT
Neither party shall assign all or part of its rights or obligations under this Agreement to another entity without
the written approval of both Parties; consent shall not be unreasonably withheld. Notwithstanding the
preceding, Consultant may assign this Agreement in connection with the sale of all or substantially all of its
assets or ownership interest, effective upon notice to Municipality, and may assign this Agreement to its
parent, subsidiaries or sister companies (Affiliates) without notice to Municipality. Consultant may
subcontract any or all of the services to its Affiliates without notice to Municipality. Consultant may
subcontract any or all of the services to other third parties provided that Consultant gives Municipality prior
written notice of the persons or entities with which Consultant has subcontracted. Consultant remains
responsible for any Affiliate’s or subcontractor’s performance or failure to perform. Affiliates and
subcontractors will be subject to the same performance criteria expected of Consultant. Performance clauses
will be included in agreements with all subcontractors to assure quality levels and agreed upon schedules are
met.
12. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend, indemnify, and hold harmless Municipality, its
elected and appointed officials, employees and volunteers and others working on behalf of Municipality, from
and against any and all third-party claims, demands, suits, costs (including reasonable legal costs), expenses,
and liabilities (“Claims”) alleging personal injury, including bodily injury or death, and/or property damage,
but only to the extent that any such Claims are caused by the negligence of Consultant or any officer,
employee, representative, or agent of Consultant. Consultant shall have no obligations under this Section to
the extent that any Claim arises as a result of Consultants compliance with Municipal law, ordinances, rules,
regulations, resolution, executive orders or other instructions received from Municipality.
To the fullest extent permitted by law and without waiver of governmental immunity, Municipality shall
defend, indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from
and against any and all Claims alleging personal injury, including bodily injury or death, and/or property
damage, but only to the extent that such Claims are caused by (a) the negligence of, or material breach of any
obligation under this Agreement by, Municipality or any officer, employee, representative, or agent of
Municipality or (b) Consultant’s compliance with Municipal law, ordinances, rules, regulations, resolutions,
executive orders or other instructions received from Municipality. If either Party becomes aware of any
incident likely to give rise to a Claim under the above indemnities, it shall notify the other and both Parties
shall cooperate fully in investigating the incident.
13. LIMITS OF LIABILITY
EXCEPT ONLY AS MAY BE EXPRESSLY SET FORTH HEREIN, CONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION,
PERFORMANCE, ACCURACY, OR NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM
MUNICIPALITY’S PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL CONSULTANT OR MUNICIPALITY
BE LIABLE TO ONE ANOTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, OR
SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST
DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, INDEMNITY, NEGLIGENCE, WARRANTY, STRICT LIABILITY, OR TORT, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
ANY REMAINING REMEDY. EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT
SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT FROM ANY CAUSE OF
ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER
ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY NEGLIGENCE, INTENTIONAL CONDUCT, OR
OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS AGREEMENT
OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO
THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES).
14. INSURANCE
A. Consultant shall procure and maintain and shall cause any subcontractor of Consultant to procure
and maintain, the minimum insurance coverages listed below throughout the term of this
Agreement. Such coverages shall be procured and maintained with forms and insurers acceptable to
Municipality. In the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage.
B. Worker's compensation insurance to cover obligations imposed by applicable law for any employee
engaged in the performance of work under this Agreement, and Employer's Liability insurance with
minimum limits of one million dollars ($1,000,000) bodily injury each accident, one million dollars
($1,000,000) bodily injury by disease – policy limit, and one million dollars ($1,000,000) bodily injury
by disease – each employee.
C. Commercial general liability insurance with minimum combined single limits of one million dollars
($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy
shall be applicable to all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage, personal injury (including coverage for contractual and employee acts),
blanket contractual, independent Consultant’s, and products. The policy shall contain a severability
of interest provision and shall be endorsed to include Municipality and Municipality’s officers,
employees, and consultants as additional insureds.
D. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim
and two million dollars ($2,000,000) general aggregate.
E. Automobile Liability: If performance of this Agreement requires use of motor vehicles licensed for
highway use, Automobile Liability Coverage is required that shall cover all owned, non-owned, and
hired automobiles with a limit of not less than $1,000,000 combined single limit each accident.
F. Municipality shall be named as an additional insured on Consultant’s insurance coverage.
G. Prior to commencement of Services, Consultant shall submit certificates of insurance acceptable to
Municipality.
15. THIRD PARTY RELIANCE
This Agreement is intended for the mutual benefit of Parties hereto and no third-party rights are intended or
implied.
16. OWNERSHIP OF DOCUMENTS
Except as expressly provided in this Agreement, Municipality shall retain ownership of all Materials and of all
work product and deliverables created by Consultant pursuant to this Agreement. The Materials, work product
and deliverables shall be used by Consultant solely as provided in this Agreement and for no other purposes
without the express prior written consent of Municipality. As between Municipality and Consultant, all work
product and deliverables shall become the exclusive property of Municipality when Consultant has been
compensated for the same as set forth herein, and Municipality shall thereafter retain sole and exclusive rights
to receive and use such materials in such manner and for such purposes as determined by it. Notwithstanding
the preceding, Consultant may use the Materials, work product, deliverables, applications, records, documents
and other materials provided to perform the Services or resulting from the Services, for purposes of (i)
benchmarking of Municipality’s and other client’s performance relative to that of other groups of customers
served by Consultant; (ii) improvement, development marketing and sales of existing and future Consultant
services, tools and products; (iii) monitoring Service performance and making improvements to the Services.
For the avoidance of doubt, Municipality Data will be provided to third parties, other than hosting providers,
development consultants and other third parties providing services for Consultant, only on an anonymized
basis and only as part of a larger body of anonymized data. If this Agreement expires or is terminated for any
reason, all records, documents, notes, data and other materials maintained or stored in Consultant’s secure
proprietary software pertaining to Municipality will be exported into a CSV file and become property of
Municipality. Notwithstanding the preceding, Consultant shall own all rights and title to any Consultant
provided software and any improvements or derivative works thereof. Upon reasonable prior written notice,
Municipality and its duly authorized representatives shall have access to any books, documents, papers and
records of Consultant that are related to this Agreement for the purposes of audit or examination, other than
Consultant’s financial records, and may make excerpts and transcriptions of the same at the cost and expense
of Municipality.
17. CONSULTANT ACCESS TO RECORDS
Parties acknowledge that Consultant requires access to Records in order for Consultant to perform its
obligations under this Agreement. Accordingly, Municipality will either provide to Consultant on a daily basis
such data from the Records as Consultant may reasonably request (in an agreed electronic format) or grant
Consultant access to its Records and Record management systems so that Consultant may download such
data. Data provided to or downloaded by Consultant pursuant to this Section shall be used by Consultant
solely in accordance with the terms of this Agreement.
18. CONFIDENTIALITY
Consultant shall not disclose, directly or indirectly, any confidential information or trade secrets of Municipality
without the prior written consent of Municipality or pursuant to a lawful court order directing such disclosure.
19. CONSULTANT PERSONNEL
Consultant shall employ a sufficient number of experienced and knowledgeable employees to perform
Services in a timely, polite, courteous and prompt manner. Consultant shall determine appropriate staffing
levels and shall promptly inform Municipality of any reasonably anticipated or known employment-related
actions which may affect the performance of Services. Additional staffing resources shall be made available
to Municipality when assigned employee(s) is unavailable.
20. DISCRIMINATION & ADA COMPLIANCE
Consultant will not discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, disability, national origin or any other category protected by applicable federal or state law.
Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available
to employees and applicants for employment, notice to be provided by an agency of the federal government,
setting forth the provisions of Equal Opportunity laws. Consultant shall comply with the appropriate provisions
of the Americans with Disabilities Act (the “ADA”), as enacted and as from time to time amended, and any
other applicable federal regulations. A signed certificate confirming compliance with the ADA may be
requested by Municipality at any time during the term of this Agreement.
21. E-VERIFY/VERIFICATION OF EMPLOYMENT STATUS
Pursuant to FS 448.095, Consultant certifies that it is registered with and uses the U.S. Department of
Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by
Consultant during the term of the Agreement. Consultant shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement and will verify immigration status to confirm employment
eligibility. If Consultant enters into a contract with a subcontractor to perform work or provide services
pursuant to the Agreement, Consultant shall likewise require the subcontractor to comply with the
requirements of FS 448.095, and the subcontractor shall provide to Consultant an affidavit stating that the
subcontractor does not employ, contract with or subcontract with an unauthorized alien. Consultant will
maintain a copy of such affidavit for the duration of its contract with owner . Consultant is prohibited from
using the E-Verify program procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
22. SOLICITATION/HIRING OF CONSULTANT’S EMPLOYEES
During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire, or
attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services to
Municipality pursuant to this Agreement (“Service Providers”), or who interacted with Municipality in
connection with the provision of such services (including but not limited to supervisors or managers of Service
Providers, customer relations personnel, accounting personnel, and other support personnel of
Consultant). Parties agree that this provision is reasonable and necessary in order to preserve and protect
Consultant’s trade secrets and other confidential information, its investment in the training of its employees,
the stability of its workforce, and its ability to provide competitive building department programs in this
market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in
scope or otherwise unenforceable, Parties agree that such court or arbitrator shall modify such provision to
the minimum extent necessary to render this section enforceable. In the event that Municipality hires any
such employee during the specified period, Municipality shall pay to Consultant a placement fee equal to 25%
of the employee’s annual salary including bonus.
23. COMPLAINTS AND APPEALS
Any complaint about Consultant received by Municipality shall be forwarded to Consultant’s representative
listed in Notices Section of this Agreement. Municipality shall provide specific complaint details to the extent
allowed by law. Consultant will submit a response to the Municipality within ten (10) business days of receipt.
MN Rule 1300.0230 provides a mechanism for persons aggrieved by an order, decision, or determination of
the Building Official to appeal under the State Building Code. In the event a Municipality does not have an
appeals board, appeals will be heard by the State of Minnesota appeals board. All other appeals of Consultant
decisions will proceed as required by applicable section of the Municipal code or state law.
24. NOTICES
Any notice under this Agreement shall be in writing and shall be deemed sufficient when presented in person,
or sent, pre-paid, first class United States Mail, or delivered by electronic mail to the following addresses:
If to Municipality: If to Consultant:
Joe Kohlmann, City Administrator
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Email: jkohlmann@ci.stillwater.mn.us
Joe DeRosa, CRO
SAFEbuilt, LLC
444 N. Cleveland, Suite 444
Loveland, CO 80537
Email: jderosa@safebuilt.com
25. FORCE MAJEURE
Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of
payment obligations) which is caused by events beyond the reasonable control of such party, shall not
constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed
to be extended for a period equal to the duration of the conditions preventing such performance.
26. DISPUTE RESOLUTION
In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute
cannot be settled through negotiation, Parties agree first to try in good faith to settle the dispute by mediation,
before resorting to arbitration, litigation, or some other dispute resolution procedure. The cost thereof shall
be borne equally by each Party.
27. ATTORNEY’S FEES
In the event of dispute resolution or litigation to enforce any of the terms herein, each Party shall pay all its
own costs and attorney’s fees.
28. AUTHORITY TO EXECUTE
The person or persons executing this Agreement represent and warrant that they are fully authorized to sign
and so execute this Agreement and to bind their respective entities to the performance of its obligations
hereunder.
29. CONFLICT OF INTEREST
Consultant shall refrain from providing services to other persons, firms, or entities that would create a conflict
of interest for Consultant with regard to providing the Services pursuant to this Agreement. Consultant shall
not offer or provide anything of benefit to any Municipal official or employee that would place the official or
employee in a position of violating the public trust as provided under Municipality’s charter and code of
ordinances, state or federal statute, case law or ethical principles.
30. GOVERNING LAW AND VENUE
The negotiation and interpretation of this Agreement shall be construed under and governed by the laws of
the State of Minnesota, without regards to its choice of laws provisions. Exclusive venue for any action under
this Agreement, other than an action solely for equitable relief, shall be in the state and federal courts serving
Municipality and each party waives any and all jurisdictional and other objections to such exclusive venue.
31. COUNTERPARTS
This Agreement and any amendments or task orders may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes
of executing this Agreement, scanned signatures shall be as valid as the original.
32. ELECTRONIC REPRESENTATIONS AND RECORDS
Parties hereby agree to regard electronic representations of original signatures as legally sufficient for
executing this Agreement and scanned signatures emailed by PDF or otherwise shall be as valid as the original.
Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic
form or because an electronic record was used in its formation. Parties agree not to object to the admissibility
of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper
copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic
signature or that it is not in its original form or is not an original.
33. WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of
any right or power arising out of this Agreement shall not be deemed waiver of any other right or power.
34. ENTIRE AGREEMENT
This Agreement, along with attached exhibits, constitutes the complete, entire and final agreement of the
Parties hereto with respect to the subject matter hereof, and shall supersede any and all previous agreements,
communications, representations, whether oral or written, with respect to the subject matter hereof.
Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word
herein or the application thereof in any given circumstance shall not affect the validity of any other provision
of this Agreement.
IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their respective names on
the dates hereinafter enumerated.
______________________________ ____________________
Gary Amato, CAO Date
MNSPECT, LLC
______________________________ ____________________
Signature Date
City of Stillwater, Minnesota
_____________________________
Name and Title
City of Stillwater, Minnesota
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EXHIBIT A – LIST OF SERVICES
1. LIST OF SERVICES
As-Requested Building, Plumbing, Mechanical, Fire Protection Inspection Services
✓ Consultant utilizes an educational, informative approach to improve the customer’s experience.
✓ Perform code compliance inspections to determine that construction complies with the MN State
Building Code
✓ Provide onsite inspection consultations to citizens and contractors when requested
✓ Return calls and emails from permit holders in reference to code and inspection concerns
✓ Identify and document any areas of non-compliance
✓ Leave a copy or provide an electronic version of the inspection results and discuss inspection results with
site personnel
As-Requested Building, Plumbing, Mechanical, Fire Protection Plan Review Services
✓ Provide plan review services electronically or in the traditional paper format
✓ Review plans for compliance with adopted building codes
✓ Be available for pre-submittal meetings by appointment
✓ Coordinate plan review tracking, reporting, and interaction with applicable departments
✓ Provide feedback to keep plan review process on schedule
✓ Communicate plan review findings and recommendations in writing
✓ Provide an electronic set of finalized plans and all supporting documentation
✓ Provide review of plan revisions and remain available to applicant after the review is complete
2. COMMUNITY CORE SOLUTIONS TERMS AND CONDITIONS
✓ Provide Community Core in accordance with the terms and conditions of Exhibit C.
✓ Provide at no cost to Municipality
3. TIME OF PERFORMANCE
✓ Consultant will perform Services during normal business hours excluding Municipal holidays
✓ Services will be performed on an as-requested basis
✓ Consultant representative(s) will be available by phone and email
Deliverables
INSPECTION SERVICES Perform inspections scheduled prior to 4:00 pm by the end of the next business
day or as agreed upon
PRE-SUBMITTAL MEETINGS Provide pre-submittal meetings to applicants by appointment
PLAN REVIEW
TURNAROUND TIMES
Provide comments within the following timeframes:
Day 1 = first full business day after receipt of plans and all supporting documents
Project Type:
✓ Commercial (IBC)
Completeness Check
5 business days or less
From Complete Submittal
10 - 15 business days or less
✓ Residential (IRC) 2 business days or less 5 - 7 business days or less
Note: Submittal of 8.5” x 11” and/or 11” x 17” color plans may reduce turnaround time by up to two (2) days
EXHIBIT B – FEE SCHEDULE FOR SERVICES
1. FEE SCHEDULE
✓ Fees will be assessed using the Municipality’s legally adopted fee schedule
✓ Valuations will be determined using Building Valuation Data Table from the MN DLI
✓ Fees not specifically related to services listed will be excluded from any billable fee calculations
✓ Municipality and Consultant will review the Municipal Fee Schedule and valuation tables annu ally to
discuss making adjustments to reflect increases in the costs incurred by Consultant to provide Services.
✓ Beginning January 01, 2024 and annually thereafter, the hourly and flat rates listed shall be increased
based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor
thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All
Urban Consumers, referred to herein as the “CPI”) for the Municipality or, if not reporte d for the
Municipality the CPI for cities of a similar size within the applicable region from the previous calendar
year, such increase, however, not to exceed 4% per annum. The increase will become effective upon
publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.
✓ Consultant fees for Services provided pursuant to this Agreement will be as follows:
Service Fee Schedule:
Residential Inspection Services:
• Building, Mechanical, Plumbing
$95.00 per hour – two (2) hour minimum
Commercial Inspection Services:
• Building, Mechanical, Plumbing , Fire
$125.00 per hour – two (2) hour minimum
Residential Plan Review Services $105.00 per hour – one (1) hour minimum
Commercial Plan Review Services $135.00 per hour – one (1) hour minimum
Hourly inspection time tracked will start when Consultant checks in at Municipality or first inspection site.
Time tracked will end when the inspector completes the last scheduled inspection or leaves Municipal office.
Time tracked will include travel time between inspection sites and all administrative work related to inspection
support.
Page 11 of 11
EXHIBIT C - COMMUNITY CORE SOLUTIONS TERMS AND CONDITIONS
Insert Here
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DATE: May 16th, 2023
TO: Honorable Mayor and City Council
FROM: Joe Kohlmann, City Administrator
SUBJECT: Memorandums of Understanding (2) – LELS
Overview:
As noted in the two attached MOUs, the number of applicants for police officer positions
in the City of Stillwater have decreased dramatically: 30 in 2021; 15 in 2022; and 3 in
2023. In addition, there are approximately 141 Law Enforcement Agencies hiring in the
State of Minnesota. Finally, it is reported that there has been a decrease in the number
of officers passing the Minnesota POST Board exam.
The attached MOUs address two hiring incentives to attract new officers:
1) Up to $5,000 non-base lump sum – half at first payroll after 6 months (as
noted in agreement), half at one year of employment
2) Offering wage schedule and vacation incentives for “lateral hires” (police
officers with significant prior experience as a licensed peace officer).
Currently, officers are hired at Step 1 and baseline vacation time.
The second MOU noted above will likely have an internal policy drafted to supplement
for consistent application of the incentives (e.g. “x years of experience” = “y” placement
of wage scale, etc.). However, due to timing constraints that is not yet completed.
Recommendation
Review and approve the attached MOUs with LELS and the attached Resolutions.
REDLINED
City of Stillwater
Washington County, Minnesota
1.The City may offer an attraction incentive to new Police Officers hired on or after
May 16, 2023 through December 31, 2025 a non-base lump sum payment of up
to $5,000 payable as follows:
a.A non-base lump sum payment of up to $2,500 shall be payable in the first
payroll check following six months of employment.
b.A second non-base lump sum payment of up to $2,500 shall be payable in
the first payroll check issued after the completion of one year of
employment with the City.
2.Any new Police Officer accepting said attraction incentive payments pursuant to
this Memorandum who voluntarily leave employment with the City prior to the end
of 12-months must reimburse the City for the total amount received pursuant to
said attraction incentive payments. The City and employee will cooperate to
agree on a repayment schedule.
3.The Memorandum of Agreement sunsets effective December 31, 2025.
BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the City
Administrator to sign the agreement.
Adopted by the City Council of the City of Stillwater this 15th day of May, 2023.
Ted Kozlowski, Mayor
ATTEST:
Joe Kohlmann, Acting City Clerk
RESOLUTION 2023-076
APPROVING NON-BASE LUMP SUM PAYMENT FOR NEW POLICE OFFICERS
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that a Memorandum
of Agreement between the City of Stillwater and Law Enforcement Labor Services
Local 257 Police Patrol Officers, as on file with the City Clerk, is hereby approved
with the following changes:
1.The City may offer lateral hire service credit whereby a newly hired employee may be
given service credit at the time of hire for prior qualifying experience in a job determined
by the Police Chief and City Administrator to be similar to the job classification covered by
this collective bargaining agreement with impact as follows:
a.Vacation: With the approval of the Police Chief and City Administrator, a newly
hired employee may be given credit within the vacation accrual schedule for initial
placement, at time of hire, and subsequent advancement, for prior experience in a
job determined by the Police Chief and City Administrator to be similar to the job
classification covered by this collective bargaining agreement.
b.Wage Schedule: With the approval of the Police Chief and City Administrator, a
newly hired employee may be given credit within the wage schedule for initial
placement, at time of hire, and subsequent advancement, for prior experience in a
job determined by the Police Chief and City Administrator to be similar to the job
classification covered by this collective bargaining agreement.
2.This agreement is based on the unique circumstances of the present situation and shall
not constitute a precedent with regard to any subsequent negotiations or matters between
the parties.
3.The Memorandum of Agreement sunsets effective December 31, 2025.
BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the City
Administrator to sign the agreement.
Adopted by the City Council of the City of Stillwater this 16th day of May, 2023.
Ted Kozlowski, Mayor
ATTEST:
Joe Kohlmann, Acting City Clerk
City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-077
APPROVING LATERAL HIRE SERVICE CREDIT FOR NEWLY HIRED POLICE OFFICERS
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that a Memorandum of
Agreement between the City of Stillwater and Law Enforcement Labor Services Local 257
Police Patrol Officers, as on file with the City Clerk, is hereby approved with the following
changes:
DATE: May 16th, 2023
TO: Honorable Mayor and City Council
FROM: Joe Kohlmann, City Administrator
SUBJECT: Memorandums of Understanding (2) – LELS
Overview:
As noted in the two attached MOUs, the number of applicants for police officer positions
in the City of Stillwater have decreased dramatically: 30 in 2021; 15 in 2022; and 3 in
2023. In addition, there are approximately 141 Law Enforcement Agencies hiring in the
State of Minnesota. Finally, it is reported that there has been a decrease in the number
of officers passing the Minnesota POST Board exam.
The attached MOUs address two hiring incentives to attract new officers:
1) Up to $5,000 non-base lump sum – half at first payroll, half at one year of
employment
2) Offering wage schedule and vacation incentives for “lateral hires” (police
officers with significant prior experience as a licensed peace officer).
Currently, officers are hired at Step 1 and baseline vacation time.
The second MOU noted above will likely have an internal policy drafted to supplement
for consistent application of the incentives (e.g. “x years of experience” = “y” placement
of wage scale, etc.). However, due to timing constraints that is not yet completed.
Recommendation
Review and approve the attached MOUs with LELS.
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into between the City of Stillwater (hereafter "City") and
Law Enforcement Labor Services, Inc. (hereafter "Union") representing Police Officers.
WHEREAS, the City and the Union are parties to a collective bargaining agreement effective January
1, 2023 through December 31, 2025; and
WHEREAS, the number of applicants passing the Minnesota POST Board exam has decreased from 90%
in fiscal years 2019, 2020 and 2021 to 81 % in fiscal year 2022; and
WHEREAS, in April 2023 approximately 141 law enforcement agencies were hiring in the State of
Minnesota;
WHEREAS, the number of applicants for Police Officer vacancies at the City has decreased from 30 in
2021 to 15 in 2022 to 3 in 2023; and
WHEREAS, the City has experienced unique attraction challenges m the Police Officer
classification unlike other classifications at the City; and
WHEREAS, these attraction challenges have created operational impacts resulting in schedule changes,
reassignments, and modification of overtime assignment; and
WHEREAS, the City has an interest in addressing the unique attraction concerns for Police Officers; and
NOW, THEREFORE, the City and the Union agree as follows:
1. The City may offer an attraction incentive to new Police Officers hired on or after May 16,
2023 through December 31, 2025 of a non-base lump sum payment of up to $5,000 payable
as follows:
a. A non-base lump sum payment of up to $2,500 shall be payable in the first payroll
check following six months of employment.
b. A second non-base lump sum payment of up to $2,500 shall be payable in the first
payroll check issued after the completion of one year of employment with the City.
2. Any new Police Officer accepting said attraction incentive payments pursuant to this
Memorandum who voluntarily leave employment with the City prior to the end of 12-
months must reimburse the City for the total amount received pursuant to said attraction
incentive payments. The City and employee will cooperate to agree on a repayment
schedule.
3. This Memorandum of Agreement shall not be admissible in any proceedings relating to any
other claims, grievances or disputes between the City and the Union or any other member of
the bargaining unit.
4. This Memorandum is based on the unique circumstances of the present situation and shall not
consthute a prece dent with regard to any subsequent negotiations or matters betw een the
parties.
5. Thi s Memorandum of Agreement sunsets effective December 31, 2025 .
6. Thi s Memorandum of Agreement represents the comp lete and total agreement bet-we en the
parti es regarding this matter.
IN WITNESS WHEREOF, the parti es have caused thi s Memorandum of Agreement to be executed
thi s 16th day ofMay, 2023.
LAW ENFO RCEMENT LABOR CITY OF STILLWATER
Ab~~
Business Agent City Administrator
2
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into between the City of Stillwater (hereafter "City") and
Law Enforcement Labor Services, Inc. (hereafter "Union") representing Police Officers.
WHEREAS, the City and the Union are parties to a collective bargaining agreement effective January
1, 2023 through December 31, 2025; and
WHEREAS, the number of applicants passing the Minnesota POST Board exam has decreased
from 90% in fiscal years 2019, 2020 and 2021 to 81 % in fiscal year 2022; and
WHEREAS, in April 2023 approximately 141 law enforcement agencies were hiring in the State
of Minnesota;
WHEREAS, the number of applicants for Police Officer vacancies at the City has decreased from
30 in 2021 to 15 in 2022 to 3 in 2023; and
WHEREAS, the City has experienced unique attraction challenges m the Police Officer
classification unlike other classifications at the City; and
WHEREAS, these attraction challenges have created operational impacts resulting in schedule
changes, reassignments, and modification of overtime assignment; and
WHEREAS, the parties have an interest in addressing the unique attraction concerns for Police
Officers and the development and use of an appointment process, commonly referred to as "lateral
hires" in the law enforcement profession, whereby a newly hired employee may be given service
credit at the time of hire for prior qualifying experience in a job determined by the Police Chief
and City Administrator to be similar to the job classification covered by this collective bargaining
agreement; and
NOW, THEREFORE, the City and the Union agree as follows:
1. Vacation: With the approval of the Police Chief and City Administrator, a newly hired
employee may be given credit within the vacation accrnal schedule for initial placement, at
time of hire, and subsequent advancement, for prior experience in a job determined by the
Police Chief and City Administrator to be similar to the job classification covered by this
collective bargaining agreement.
2. Wage Schedule: With the approval of the Police Chief and City Administrator, a newly hired
employee may be given credit within the wage schedule for initial placement, at time of hire,
and subsequent advancement, for prior experience in a job dete1mined by the Police Chief
and City Administrator to be similar to the job classification covered by this collective
bargaining agreement.
3. This Memorandum of Agreement shall not be admissible in any proceedings relating to any
other claims, grievances or disputes between the City and the Union or any other member of
the bargaining unit.
4. This Memorandum is based on the unique ci rcum stances of the present si tu ation and shall not
cons titu te a precedent with regard to any sub sequent negotiations or matters between the
parties.
5. This Memorandum of Agreement sunsets effective December 3 1, 2025.
6. This Memorandwn of Agreement represents the complete and total agreement between the
patties regarding this matter.
IN WITNESS WHEREOF, the parties hav e caused this Memorandum of Agreement to be executed
this 16111 day of May, 2023.
LAW ENFORCEMENT LABOR ~ BusinessAgent
CITY OF STJLL WATER
City Administrator
2
Date: May 8, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Issuance of New Off-sale License for So What Wine
DISCUSSION
An application for a new off-sale liquor license has been received from Mistral Wine Co
LLC dba So What Wine located at 823 4th Street S, Ste 200.
RECOMMENDATION
Staff recommends approval of the off-sale liquor license upon the satisfactory inspection,
and approval from Minnesota Alcohol Gambling Enforcement Division (AGED).
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion approving the
issuance of a new off-sale liquor license to Mistral Wine Co LLC dba So What Wine,
contingent upon the above inspection and approval.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-
APPROVING ISSUANCE OF NEW OFF-SALE LIQUOR LICENSE TO
MISTRAL WINE CO LLC DBA SO WHAT WINE
WHEREAS, an application has been received for the issuance of an Off-Sale Liquor
License from Mistral Wine Co LLC dba So What Wine, located at 823 4th Street S, Ste
200; 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 Off-Sale Liquor License to Mistral Wine
Co LLC dba So What Wine conditioned upon approval from Police, Fire, Building, Planning
and Finance Departments, and Minnesota Alcohol Gambling Enforcement Division (AGED).
Adopted by the Stillwater City Council this 16th day of May, 2023.
CITY OF STILLWATER
_________________________
Ted Kozlowski, Mayor
ATTEST:
Joe Kohlmann, Acting City Clerk
DATE: May 16th, 2023
TO: Honorable Mayor and City Council
FROM: Joe Kohlmann, City Administrator
SUBJECT: Public Works Roof
Overview
As previously reported, an insurance claim for the replacement of the Public Works
Roof was approved by the League of Minnesota Cities Insurance Trust. As part of the
approval, the League is requiring that an architectural firm be contracted for the project.
Attached is a proposal and draft agreement with HCM. The price is $24,000 which is
anticipated to be covered as part of the claim.
Recommendation
Approve the attached proposal and service agreement with HCM Architects.
1
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this 16ht day of May, 2023, by and
between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and
Hagen, Christensen and McILwain Architects, 4201 Cedar Avenue South, Minneapolis, MN
55407 (“Consultant”).
WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services;
and
WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions
set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby
agreed as follows:
1. SERVICES.
a. City agrees to engage Consultant as an independent contractor for the purpose of
performing certain professional Services (“Services”), as defined in the following
documents:
i. A proposal dated April 27, 2023, incorporated herein as Exhibit A;
ii. Other documentation, incorporated herein as Exhibit B (if applicable).
(Hereinafter “Exhibits.”)
b. Consultant covenants and agrees to provide Services to the satisfaction of the City
in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this
Agreement.
2. PAYMENT.
a. City agrees to pay and Consultant agrees to receive and accept payment for Services
as set forth in the Exhibits.
b. Any changes in the scope of the work of the Services that may result in an increase
to the compensation due the Consultant shall require prior written approval by the
authorized representative of the City or by the City Council. The City will not pay
additional compensation for Services that do not have prior written authorization.
c. Consultant shall submit itemized bills for Services provided to City on a monthly
basis. Bills submitted shall be paid in the same manner as other claims made to
City.
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3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be
extended only upon the written mutual consent of the parties for such additional period as
they deem appropriate, and upon the same terms and conditions as herein stated.
4. TERMINATION.
a. Termination by Either Party. This Agreement may be terminated by either party
upon 30 days’ written notice delivered to the other party to the addresses listed in
Section 13 of this Agreement. Upon termination under this provision, if there is no
default by the Consultant, Consultant shall be paid for Services rendered and
reimbursable expenses until the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon
written notice in the event of substantial failure by the other party to perform in
accordance with the terms of this Agreement. The non-performing party shall have
fifteen (15) calendar days from the date of the termination notice to cure or to submit
a plan for cure that is acceptable to the other party.
5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services
provided for in this Agreement without the express written consent of the City, unless
specifically provided for in the Exhibits. The Consultant shall pay any subcontractor
involved in the performance of this Agreement within the ten (10) days of the Consultant’s
receipt of payment by the City for undisputed services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of
its profession in the same locality at the time the Services are provided. No warranty,
express or implied, is made or intended by Consultant’s undertaking herein or its
performance of Services.
7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of
this Agreement for delays in performance caused by circumstances beyond the reasonable
control of the nonperforming party. For purposes of this Agreement, such circumstances
include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire;
epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and
other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses
or authorizations from any local, state, or federal agency for any of the supplies, materials,
accesses, or services required to be provided by either City or Consultant under this
Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable
time of being prevented from performing, give written notice to the other party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Consultant will be entitled to payment for its reasonable
additional charges, if any, due to the delay.
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8. CITY’S REPRESENTATIVE. The City has designated Mick Greiner to act as the City’s
representative with respect to the Services to be performed under this Agreement. He or
she shall have complete authority to transmit instructions, receive information, interpret,
and define the City’s policy and decisions with respect to the Services covered by this
Agreement.
9. PROJECT MANAGER AND STAFFING. The Consultant has designated Dan Lawrence
to be the primary contacts for the City in the performance of the Services. They shall be
assisted by other staff members as necessary to facilitate the completion of the Services in
accordance with the terms established herein. Consultant may not remove or replace these
designated staff without the approval of the City.
10. INDEMNIFICATION.
a. Consultant and City each agree to defend, indemnify, and hold harmless each other,
its agents and employees, from and against legal liability for all claims, losses,
damages, and expenses to the extent such claims, losses, damages, or expenses are
caused by its negligent acts, errors, or omissions. In the event claims, losses, damages,
or expenses are caused by the joint or concurrent negligence of Consultant and City,
they shall be borne by each party in proportion to its own negligence.
b. Consultant shall indemnify City against legal liability for damages arising out of
claims by Consultant’s employees. City shall indemnify Consultant against legal
liability for damages arising out of claims by City’s employees.
11. INSURANCE. During the performance of the Services under this Agreement, Consultant
shall maintain the following insurance:
a. General Liability Insurance, with a limit of $2,000,000 for any number of claims
arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04,
or as may be amended;
b. Professional Liability Insurance, with a limit of $2,000,000 for any number of
claims arising out of a single occurrence.
c. Workers’ Compensation Insurance in accordance with statutory requirements.
d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each
person and $1,000,000 for each accident.
Consultant shall furnish the City with certificates of insurance, which shall include a
provision that such insurance shall not be canceled without written notice to the City. The
City shall be named as an additional insured on the General Liability Insurance policy and
the Professional Liability Insurance policy.
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12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications
prepared by the Consultant as part of the Services shall become the property of the City
when Consultant has been compensated for all Services rendered, provided, however, that
Consultant shall have the unrestricted right to their use. Consultant shall retain its rights
in its standard drawing details, specifications, databases, computer software, and other
proprietary property. Rights to proprietary intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of the Consultant.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: City of Stillwater
216 4th Street North
Stillwater, MN 55082
Attention: City Administrator
Or e-mailed: mgreiner@ci.stillwater.mn.us
If to Consultant: Hagen, Christensen and McILwain Architects
4201 Cedar Avenue South
Minneapolis, MN 55407
Or emailed: lawrence@hcmarchitects.com
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its
officers, agents and employees pursuant to this Agreement shall be provided as employees
of Consultant or as independent contractors of Consultant and not as employees of the City
for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written
agreement of the parties.
b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall
be in writing. Such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach.
c. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Minnesota and any disputes regarding this Agreement must be
brought by civil action and must be venued in Washington County District Court.
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.
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e. 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.
f. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes all prior communications, understandings and agreements relating
to the subject matter hereof, whether oral or written. If this Agreement conflicts
with terms and conditions stated in the Proposal, this Agreement shall govern.
CITY OF STILLWATER
By:
Ted Kozlowski, Mayor
By:
Beth Wolf, City Clerk
Date:
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HAGEN, CHRISTENSEN AND MCILWAIN ARCHITECTS
By:
Its:
Date:
Hagen, Christensen & McILwain
Architects
April 27, 2023
Mr. Mick Greiner
City of Stillwater
216 4th Street North
Stillwater, Minnesota 55082
City of Stillwater Public Works Reroof Project
Dear Mr. Greiner,
Thank you very much for requesting this proposal of services for the Reroof project at the City of
Stillwater Public Works Facility located at 3325 Boutwell Road. After our recent work with you on the City
Wide Space Needs Study, HCM Architects would greatly enjoy the opportunity of working with you and
the City of Stillwater on this project.
HCM understands that in 2020, the City of Stillwater engaged The Garland Company to provide a Roof
Evaluation of six existing City facilities. This included the Public Works building with a resultant
recommendation to prioritize roof replacement for this structure in a 1-3 year time period from the date of
the study. As identified in that report, the two replacement options to consider are: A) replacement with
asphalt shingle system to match existing, or B) standing seam metal roof system to meet the original
building design intent. HCM Architects will provide designs for both options noting the following:
• HCM will work with the City’s roof engineering consultant, The Garland Company, as an integral
team member to ensure quality detailing of the proposed replacement systems.
• Per the 2020 Minnesota Energy Code, Stillwater falls under Climate Zone 6A. The building is
defined by Insulation Entirely Above Deck which requires a minimum R-Value of R-30.
• In addition to the existing asphalt shingle scope, the building has multi-ply built-up roof areas and
single-ply (EPDM) roof areas. These will need to be reviewed as part of this design effort to
ensure compliance with Energy Code and compatibility with proposed roof replacement systems.
The following is our detailed proposal of design services for this reroof project. If you have questions
regarding this proposal, please give me a call. Once again, thank you for this opportunity.
Sincerely,
Dan Lawrence, AIA, Principal
4201 Cedar Avenue South
Minneapolis, MN 55407
612-904-1332, lawrence@hcmarchitects.com
Project Scope
The following HCM proposed reroof project scope is based on our review of The Garland Company’s
2020 Roof Evaluation and our review of the existing roof plans from the 2001 Construction Documents.
• The building is a multi-level structure with a series of intersecting gables and clerestory projections.
There are a variety of roof slopes and angled transitions across the primary Public Works building.
The roof structure has a prominent 90 degree turn between the two major parts of the facility.
Additionally, there’s one small flat roof area for mechanical equipment. The secondary building on
the Public Works site is the Salt Shed building; this is a single gable roof form with a steep pitch.
• The majority of the existing roof system is a four-tab asphalt shingle over continuous insulation (3”,
verify). The anticipated core samples will help determine if the existing insulation can be reused in
the reroof. There are other roofing material types at secondary roof peaks and valleys; this includes
multi-ply built-up roofing and single-ply membrane roofing.
• The design of the Reroof work is for two options: A) replacement asphalt shingle roofing, and B) new
standing seam metal roofing per the original design intent from 2001.
• The anticipated construction of the Reroof work scope is to occur in the Spring / Summer of 2024.
Project Services & Schedule
The following are the proposed services for this project:
Task 1 - Existing Roof Analysis and Design Development
(4 Weeks, Proposed: May 15, 2023 – June 9, 2023)
• Develop CAD Roof Plans. Existing plans are PDF only; no electronically drafted plans are available.
• Conduct site visit(s) to field verify existing conditions; take critical measurements and provide photo
documentation as needed beyond the scope of the 2020 Roof Evaluation from The Garland Company.
• Confirm roof slopes and drainage patterns to determine if new layouts and strategies are needed.
• Coordinate with the City’s roof engineering consultant, The Garland Company, to take core samples of
the existing roof areas to field verify existing material layers and thickness of assemblies.
• Review the design analysis of the proposed reroof options with City of Stillwater staff.
Task 2 – Construction Documents
(7 Weeks, Proposed: June 12, 2023 – July 28, 2023)
• Develop the detailed architectural drawings and specifications required for the permitting, bidding,
and construction of the project. This includes design documentation for both roofing replacement
options, A) Asphalt Shingle, and B) Standing Seam Metal.
Task 3 – Bidding (Note: Schedule TBD, 2024)
• Issue electronic bidding documents.
• Attend a Pre-Bid meeting.
• Answer all inquiries about the project as required for the competitive bidding of the project.
• Issue updates and Addenda if needed.
• Review bids with the Owner.
Task 4 - Construction Administration (Note: Schedule TBD, 2024)
• Attend regular schedule of construction meetings (assume 6 total).
• Review ongoing construction work for compliance with construction documents.
• Review shop drawings and product submittals.
• Answer all contractor inquiries regarding the design intent of the documents.
• Review payment applications and prepare change orders as needed.
• Provide a final Punchlist of the completed project.
• Review the completed project 11 months after the date of completion and report any issues or
warranty problems to the contractor for correction.
Project Fees
The breakdown of HCM’s fee is based on the anticipated hours of professional time per task multiplied by
the hourly rates for each team member.
Fees will be billed on an Hourly Basis up to the maximums set below.
Task 1 - Existing Roof Analysis and Design Development
Architectural $05,075.00 (PA=10 hours, AS=25 hours)
Task 2 – Construction Documents
Architectural $12,180.00 (PA=24 hours, AS=60 hours)
Task 3 – Bidding
Architectural $02,040.00 (PA=12 hours)
Task 4 – Construction Administration
Architectural $05,100.00 (PA=30 hours)
Total Fees $24,395.00
Reimbursable Expenses $500.00
Estimate of reimbursable expenses
Reimbursable expenses include printing, courier services & mileage.
Schedule of HCM Architects Billable Rates (2023)
Principal Architect (PA) $170.00 / Hr.
Architectural Staff (AS) $135.00 / Hr.
Exclusions:
a. We have not included structural engineering, mechanical engineering, or electrical engineering
design services as part of this reroof proposal. If it’s determined these services are required, we’ll get
proposals for this work as an additional service and proceed upon your review and approval.
b. This proposal does not include environmental survey or assessment services.
Acceptance
If this proposal meets with your approval, please indicate your authorization to proceed by signing the
ACCEPTED BY and returning a copy to us. Should this proposal not be accepted within 60 days from the
date of proposal or should the scope of the project or services vary from the stated assumptions, Hagen,
Christensen & McILwain Architects reserves the right to review and update this proposal as necessary.
ACCEPTED BY:
DATE:
Should the scope of this project, services and/or timeline vary from the stated assumptions above,
Hagen, Christensen, McILwain Architects reserves the right to review and update this proposal as
necessary. Additional Design Team Services can be provided on an hourly basis depending on staff level
at your request. Reimbursable expenses such as required mileage, prints, copies, etc. will be billed at 1.0
times the costs.
DATE: May 12, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Joe Kohlmann, City Administrator
SUBJECT: Site Lease Agreement with Washington County for Willard Street Tower
BACKGROUND
The City of Stillwater has an existing agreement with Washington County to allow them
to place a tower on city property located at 2001 Willard Street. The agreement has
been in place for twenty years and is due for renewal. The agreement provides
Washington County permission to place a tower on city property and if another antenna
is placed on the County’s tower, rent (fee) is collected and split 50/50. Antennas have
been added to the Washington County’s tower and the City receives payment as agreed
upon.
RECOMMENDATION
The City has had no issues with arrangement and staff recommends renewing the
attached site lease agreement for another twenty years.
ACTION REQUESTED
If Council concurs with staff recommendation, they should pass a motion to approve site
lease agreement with Washington County.
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SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT (“Lease”), made on this ____ day of ____________ 2023 between City of
Stillwater, a municipal corporation under the Laws of Minnesota ("Landlord"), and the County of
Washington, a County corporation organized and existing under the laws of Minnesota ("Tenant").
For good and valuable consideration, the parties agree as follows:
1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to
Tenant and Tenant leases from Landlord a portion of Landlord's property, located at 2001 West
Willard Street, City of Stillwater, County of Washington, State of Minnesota, which is legally described
in Exhibit A attached hereto, subject to any and all existing easements ("Landlord's Property"), on
which the Tenant has located a self‐supporting tower ("Tower") with antennas, connecting cables and
appurtenances ("Antenna Facilities" as more particularly defined in paragraph 5(b)) are attached and
located, together with non‐exclusive easements for utility lines, cable lines, and ingress and egress for
necessary vehicle access. The area on the Landlord's Property where the Tower and Antenna Facilities
are located, the ingress, egress and utility easements are collectively referred to herein as the "Leased
Premises," and is more particularly shown in Exhibit B attached hereto. The adjacent water tower and
any part of the Landlord's Property not described in Exhibit B are not part of the Leased Premises.
2. Rent.
(a) Amount Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual
rent ("Annual Rent") in the amount of One Dollar ($1.00) to be paid in one lump for the
entire term of the agreement; and continue to provide at no charge to the Landlord, at least
the level of dispatching service currently being provided by the Tenant to the Landlord.
(b) In the event that a sublessee is allowed to erect and operate additional antennae facilities
on the Tenant's Tower pursuant to the terms of this Agreement, the rent paid in U.S. Funds
will be divided equally, that is 50% of each payment of sublessee rent will be payable to the
Landlord and 50% to the Tenant. The frequency of these payments will be established by the
sublessee’s agreement with Tenant.
(c) In the event that a sublessee provides "in kind" benefits as consideration for co‐location,
such as the construction of an additional tower or towers away from the leased premises,
the distribution of benefits must be approved by the City Council as part of the approvals
needed under paragraph 3(a).
3. Governmental Approval Contingency.
(a) Tenant Application. Tenant's right to use the Leased Premises and Tenant’s right to further
co‐locate additional antennas on the Leased Premises is expressly made contingent upon its
obtaining all the certificates, permits, zoning and other approvals that may be required by
any federal, state or local authority. Landlord must cooperate with Tenant in its efforts to
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obtain and retain any approvals and must take no action that would adversely affect the
status of the Leased Premises with respect to the Tenant's proposed use.
(b) Interference Study. Provided that Landlord has antennas on Landlord’s property before
obtaining a co‐location permit for Tenant's tower, Tenant or sublessee must pay for the
reasonable cost of (i) a radio frequency interference study carried out by an independent
and qualified professional selected by the Landlord showing that sublessee’s intended use
will not interfere with any existing communications facilities and (ii) an engineering study
showing that the Tenant's Property is able to support the additional Antenna Facilities, as
defined in Subparagraph 5(b), without prejudice to the Landlord's use of the Landlord's
Property. If the study finds that there is a potential for interference that cannot be
reasonably remedied or for prejudice to the Landlord's Property, Landlord may terminate
this Lease immediately. This requirement is only applicable if Landlord has an operating
antenna on Landlord's property.
4. Term. Notwithstanding the date of signatures, the term ("Term") of this Lease will commence
on January 1, 2023, and continue through December 31, 2042. This Agreement shall then be
automatically renewed for additional, consecutive five (5) year terms unless written notice of intent not
to extend this Agreement is provided by either party to the other party hereto one hundred eighty (180)
days prior to the expiration date of the then‐current term.
5. Tenant's Use.
(a) User Priority. Tenant agrees that the following priorities of use, in descending order, will
apply in the event of communication interference or other conflict while this Lease is in
effect:
i. Tenant;
ii. Public safety agencies, including law enforcement, fire, and ambulance services,
that are not part of the Landlord;
iii. Other governmental agencies where use is not related to public safety; and,
iv. Other government‐regulated entities whose antennae offer a service to the
general public for a fee, in a manner similar to a public utility, such as long
distance and cellular telephone, not including radio or television broadcasters.
(b) Purposes. Tenant may use the Leased Premises only for the purpose of maintaining and
operating its Antenna Facilities , and uses incidental thereto for providing radio and wireless
telecommunication services which Tenant is legally authorized to provide for a public
purpose. This use is non‐exclusive, and Landlord specifically reserves the right to allow the
Landlord's Property to be used by other parties and to make additions, deletions, or
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modifications to its own facilities. Tenant's communications Tower and Antenna Facilities
consists of antennas, along with cables and appurtenances located on the Leased premises.
Tenant must comply with all applicable ordinances, statutes and regulations of local, state
and federal government agencies. Tenant's use of the Leased Premises as identified in
Exhibit B is exclusive.
(c) Construction. If the Tenant makes changes or additions to the antenna system and related
facilities and structures, an amended Exhibit B must be prepared by Tenant and submitted
to the Landlord for its approval and made a part of this Lease.
(d) Operation. Tenant has the right, at its sole cost and expense, to operate and maintain the
Antenna Facilities on the Leased Premises in accordance with good engineering practices,
with all applicable FCC rules and regulations. Any damage done to the Leased Premises or
other Landlord Property must be repaired at Tenant's expense within thirty (30) days after
notification of damage.
(e) Maintenance, Improvement Expenses. All modifications to the Leased Premises and all
improvements made for Tenant's benefit will be at the Tenant's expense and improvements,
including antenna, facilities, and equipment, must be maintained in a good state of repair,
at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to
the Leased Premises.
(f) Replacements. Before the Tenant may update or replace the Antenna Facilities, Tenant must
notify and provide a detailed proposal to Landlord. Tenant must submit to Landlord a
detailed proposal for any replacement facilities and any other information reasonably
requested by Landlord, including but not limited to a technical study, carried out at Tenant's
expense. Any replacement must meet current zoning regulations, and Tenant must obtain a
building permit from the City if it is otherwise required by law or ordinance.
(g) Drawings. Tenant must provide Landlord with as‐built drawings of the equipment and
improvements of any co‐located antenna installed on the Leased Premises, which show the
actual location of all Antenna Facilities. The drawings must be accompanied by a list of
proposed equipment, personal property, and Antenna Facilities actually co‐located on the
Leased Premises.
(h) No Interference. Tenant must, at its own expense, maintain any equipment on or attached
to the Leased Premises in a safe condition, in good repair and in a manner suitable to
Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant
will not unreasonably interfere with the operations of Landlord's Property and may not
interfere with the working use of the water storage facilities thereon or to be placed
thereon by Landlord. Subsequent sublessees may not interfere with the reasonable use of
the Site by the Tenant.
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(i) Access. Tenant, at all times during this Lease, must have access to the ground portion of the
Leased Premises in order to install, operate and maintain its Tower and Antenna Facilities.
(j) Payment of Utilities. Tenant is responsible for charges for the consumption of electricity and
other utilities associated with its use of the Leased Premises.
6. Emergency Facilities. In the event of a natural or manmade disaster, in order to protect the
health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install
additional equipment on a temporary basis on the Landlord Property to assure continuation of service.
The temporary operation may not exceed ninety (90) days unless Tenant obtains written approval from
the Landlord.
7. Additional Maintenance Expenses. Thirty (30) days prior to any additional maintenance caused
by Tenant's occupancy, Landlord must give Tenant written notice, which must set forth a description of
the maintenance and the estimated cost thereof. Upon notice from Landlord, Tenant must promptly pay
to Landlord all additional reasonable Landlord expenses incurred in maintaining the Leased Premises
that are caused by Tenant's occupancy of the Leased Premises.
8. Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be
constructed on the Landlord's Property described in Exhibit A. When this occurs, Tenant will permit the
buildings to be placed immediately adjacent to or attached to the Leased Premises. The attachments will
be made at no cost to Tenant and will not compromise the structural integrity or utility of Tenant's
Tower or the Leased Premises, and subject to the provisions of Subparagraph 5(a), may not
unreasonably interfere with the operation and maintenance of Tenant's Tower and Antenna Facilities.
9. Defense and Indemnification.
(a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected
officials, officers, employees, agents and representatives from and against any and all
claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable
attorney's fees and other costs and expenses of litigation, which may be asserted against or
incurred by Landlord in the performance of this Lease, or for which Landlord may be liable in
the performance of this Lease. The defense and indemnification will not apply to claims or
actions which arise from Landlord’s negligence, willful misconduct, or other fault of
Landlord. Tenant must defend all claims arising out of the installation, operation, use,
maintenance, repair, removal or presence of Tenant's Antenna Facilities, equipment and
related facilities on the Leased Premises. Landlord agrees to defend, indemnify and hold
harmless Tenant and its officers, employees, agents and representatives from and against
any and all claims, costs, losses, expenses, demands, actions, or causes of action, including
reasonable attorney's fees and other costs and expenses of litigation, arising out of the use
and occupancy of the Leased Premises by Tenant and which may be asserted against or
incurred by Tenant or for which Tenant may be liable in the performance of this Lease to the
extent caused by the negligence or willful misconduct of Landlord. This defense and
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indemnification will not apply to claims or actions arising solely from Tenant's negligence,
willful misconduct, or other fault of Tenant.
(b) Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will
not generate and Tenant will not store or dispose of on the Leased Premises, nor transport
to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs
Landlord thereof in writing twenty‐four (24) hours prior to such storage, dispose or
transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous
Materials on the Leased Premises. Upon notification by Landlord, the Tenant within twenty‐
four (24) hours shall take action to remove Hazardous Materials from the Leased Premises.
The obligations of this Paragraph (b) shall survive the expiration or other termination of this
Lease. Without limiting the scope of 9(a) above, Tenant will be solely responsible for and will
defend, indemnify, and hold Landlord, its agents, and employees harmless from and against
any and all claims, costs, and liabilities, including reasonable attorneys’ fees and costs,
arising out of or in connection with the cleanup or restoration of the Leased Premises
associated with the Tenant’s use of Hazardous Materials. This defense and indemnification
shall not apply to claims, costs, and liabilities arising from Landlord’s negligence or willful
misconduct. For purposes of this Lease, “Hazardous Materials” shall be interpreted broadly
and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous
substance, waste, or material as defined in any federal, state or local environmental or
safety laws or regulation including, but not limited to the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA).
(c) Landlord's Warranties. Landlord represents, warrants and agrees that, to Landlord's
knowledge, no party has used, generated, stored or disposed of, or permitted the use,
generation, storage or disposal of any Hazardous Materials (defined above) on, under, about
or within the Landlord Property in violation of any law or regulation, and that Landlord will
not and will not permit any third party to use, generate, store or dispose of any Hazardous
Material on, under, about or within the Landlord's Property in violation of any law or
regulation subject to applicable statutory limits or liability. Landlord agrees to defend,
indemnify and hold harmless Tenant and Tenant's partners, affiliates, agents and employees
against any and all losses, liabilities, claims and/or costs (including reasonable attorney's
fees and costs) arising from any breach of any representation, warranty or agreement
contained in this Subparagraph. Nothing herein shall be deemed a waiver of limits of liability
statutorily granted to Landlord. The obligations of this Subparagraph 9(c) shall survive the
expiration or other termination of this Lease.
10. Insurance.
(a) Workers' Compensation. The Tenant must maintain workers' compensation insurance in
compliance with all applicable statutes.
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(b) General Liability. The Tenant must maintain an occurrence form Commercial General
Liability coverage and name Landlord as an additional insured. Such coverage shall include,
but not be limited to, third party bodily injury property damage arising out of the
ownership, occupancy, use, maintenance, or operation of the Leased Premises and Antenna
Facilities. The Tenant must maintain general liability coverage with limits of liability of not
less than the limits set forth in Minn. Stat. § 466.04.
(c) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a
policy covering the damages to its property at the Leased Premises. The amount of coverage
must be sufficient to replace the damaged property, loss of use and comply with any
ordinance or law requirements.
(d) Landlord Insurance. The Landlord agrees to maintain its current insurance with the same
coverage and with limits of liability of not less than the limits set forth in Minn. Stat. §
466.04.
11. Damage or Destruction. Tenant’s installation of any future Antenna Facilities shall be done
according to plans approved by Landlord. Any damage done to the Lease Premises or other Landlord
property during installation or during operations shall be repaired at Tenant’s expense. Landlord shall
give Tenant written notice of such damage. After Tenant’s receipt of such written notice, Tenant shall
have thirty (30) days in which to cure the damage. Tenant shall have such extended periods as may be
required beyond the thirty (30) day cure period to cure the damage if the nature of the cure is such that
it reasonably requires more than thirty (30) days to cure, and Tenant commences the cure within the
thirty (30) day period and thereafter continuously and diligently pursues the cure to completion.
Landlord may not maintain any action or effect any remedies for default against Tenant unless and until
Tenant has failed to cure the same within the time periods provide in this Section. If the Leased
Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in
Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate
this Lease upon thirty (30) days written notice to Landlord. In the event Tenant elects to terminate the
Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the
date of damage to or destruction of the Leased Premises.
12. Lease Termination.
(a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated
by either party upon sixty (60) days written notice to the other party as follows:
i. by either party upon a default of any covenant or term hereof by the other
party, which default is not cured within sixty (60) days of receipt of written
notice of default to the other party (without, however, limiting any other rights
of the parties pursuant to any other provisions hereof);
7
ii. by Tenant for cause if it is unable to obtain or maintain any license, permit or
other governmental approval necessary for the construction and/or operation
of the Antenna Facilities or Tenant's business;
iii. by Tenant for cause if the Leased Premises is or becomes unacceptable for
technological reasons under the Tenant's Antenna Facilities, design or
engineering specifications or the communications systems to which the Antenna
Facilities belong;
iv. by Landlord, after one (1) year's written notice to Tenant, if its Council decides,
for any reason, to redevelop the Leased Premises and/or discontinue use of the
Landlord's Property for all purposes;
v. by Landlord if an independent engineer engaged by Landlord determines that
the Tenant's Property is structurally unsound, including, but not limited to,
consideration of age of the Tenant's Property, damage or destruction of all or
part of the Tenant's Property on the Leased Premises from any source, or
factors relating to condition of the Leased Premises. If Landlord determines that
the Tenant's Property is structurally unsound, Landlord agrees to provide
Tenant with documentation verifying that the Tenant's Property is structurally
unsound;
vi. by Landlord if it wishes to reconstruct, expand or otherwise modify the Tenant's
Property, in which event Tenant shall have the right to re‐install its equipment
following the completion of such reconstruction, expansion, or modification;
vii. by Landlord if it determines that a potential user with a higher priority under
Subparagraph 5(a) above cannot find another adequate location, or the
Antenna Facilities unreasonably interfere with another user with a higher
priority, regardless of whether or not such an interference was predicted in the
initial interference study required in Subparagraph 3(b ); or
viii. by Landlord if it determines that Tenant has failed to comply with applicable
ordinances, or state or federal law, or any conditions attached to government
approvals granted thereunder, after a thirty (30) day cure period, and a public
hearing before Landlord's council.
ix. by Landlord if the County determines that it is necessary to charge the City a fee
for the operation of these facilities.
(b) Notice of Termination. The parties must give notice of termination in writing by certified
mail, return receipt requested. Except for the circumstances described in 12(a)ii, iv, v, vi, vii,
8
and 15(d), such notice shall be effective upon receipt as evidenced by the return receipt or
such other date as may be stated in the notice.
(c) Site Restoration. Tenant shall have sixty (60) days from the termination or expiration date to
remove its Antenna Facilities, and related equipment from the Leased Premises. In the
event that Tenant's Antenna Facilities, and related equipment are not removed to the
reasonable satisfaction of the Landlord within sixty (60) days of termination or expiration,
they shall be deemed abandoned and become the property of the Landlord, subject to any
liens on said equipment
If Landlord removes the Antenna Facilities or related equipment, Landlord must give
written notice to the Tenant that Antenna Facilities or related property have been
removed and will be deemed abandoned if not claimed and the storage fees and other
reasonable costs paid within sixty (60) days. Landlord shall send an invoice to Tenant for
the cost of such actions taken pursuant to this Section, and upon receipt by Tenant shall
be paid immediately.
(d) Waiver of Landlord's Lien. Landlord waives any lien rights it may have concerning the
Antenna Facilities which are deemed Tenant's personal property and not fixtures, and
Tenant has the right to remove the same at any time without Landlord consent.
13. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as of right as
provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other
Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual
and direct costs of equipment removal, or repair and shall specifically exclude any recovery for value of
the business of Tenant as a going concern, future expectation of profits, loss of business or profit or
related damages to Tenant.
14. Temporary Interruptions of Service. If Landlord determines that continued operation of the
Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety
(except for any issues associated with human exposure to radio frequency omissions, which is regulated
by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall
immediately comply with such an order. Service shall be discontinued only for the period that the
immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as
soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to
Tenant or any other party for any interruption in Tenant's service or interference with Tenant's
operation of its Antenna Facilities, except as may be caused by the willful misconduct of the Landlord, its
employees or agents. If the discontinuance extends for a period greater than three (3) days, either
consecutively or cumulatively in a calendar year, Tenant shall have the right to terminate this Lease
within its sole discretion for cause and without payment of the early termination fee.
15. Tenant Interference.
9
(a) With Landlord's Property. Tenant may not interfere with Landlord's use of the Landlord's
Property and agrees to cease all actions which unreasonably and materially interfere with
Landlord's use thereof no later than three business days after receipt of written notice of
the interference from Landlord. In the event that Tenant's cessation of action is material to
Tenant's use of the Leased Premises and a cessation frustrates Tenant's use of the Leased
Premises, within Tenant's sole discretion, Tenant will have the immediate right to terminate
this Lease without payment of a termination fee.
(b) With Higher Priority Users. If Tenant's Tower and Antenna Facilities cause impermissible
interference with higher priority users as set forth in under Subparagraph 5(a) above or with
pre‐existing tenants, Tenant shall take all measures necessary to correct and eliminate the
interference. If the interference cannot be eliminated within forty‐eight (48) hours after
receiving Landlord's written notice of the interference, Tenant shall immediately cease
operating its Antenna Facilities and shall not reactivate operation, except intermittent
operation for the purpose of testing, until the interference has been eliminated. If the
interference cannot be eliminated within thirty (30) days after Tenant received Landlord's
written notice, Landlord may at its option terminate this Lease immediately for cause and
without payment of the early termination fee.
(c) Interference Study ‐ New Occupants. Upon written notice by Landlord that it has a bona fide
request from any other party to lease an area upon the Landlord Property in close proximity
to the Leased Premises, Tenant agrees to provide Landlord, within sixty (60) days, the radio
frequencies currently in operation or to be operated in the future of each transmitter and
receiver installed and operational on the Leased Premises at the time of such request.
Landlord may then have an independent, registered professional engineer of Landlord's
choosing perform the necessary interference studies to determine if the new applicant's
frequencies will cause harmful radio interference to Tenant current facilities. Landlord must
require the new applicant to pay for any interference studies, unless the Landlord or other
higher priority user requests the use. In that event, the Tenant and all other tenants
occupying the Landlord Property must pay for the necessary interference studies, pro rata.
(d) Interference ‐ New Occupants. Landlord agrees that it will not grant a future lease in the
Landlord Property to any party who is of equal or lower priority to Tenant, if such party's use
is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities.
Landlord agrees further that any future lease of the Landlord Property will prohibit a user of
equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees
that it will require any subsequent occupants of the Landlord Property of equal or lower
priority to Tenant to provide Tenant these same assurances against interference. Landlord
shall have the obligation to eliminate any interference with the operations of Tenant caused
by such subsequent occupants. If such interference is not eliminated, Tenant shall have the
right to terminate this Lease for cause and without payment of the early termination fee or
seek injunctive relief against the interfering occupant, at Tenant's expense.
10
16. Assignment. Tenant may not assign, or otherwise transfer all or any part of its interest in this
Lease or in the Leased Premises without the prior written consent of Landlord.
17. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this
Lease shall terminate as of the date of taking to the Leased Premises vests in the condemning authority.
In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right
to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the
other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled
to any portion of the reward paid for the taking and the Landlord shall receive full amount of such
award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages,
whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased
Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the
condemning authority, but not from Landlord, such compensation as may be separately awarded or
recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses
incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and
leasehold improvements.
18. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10)
days following notice of the dispute shall be submitted first and promptly to mediation. Each party shall
bear its own costs of mediation. If mediation does not result in settlement within forty‐five (45) days
after the matter was submitted to mediation, either party may file a claim in arbitration in accordance
with the applicable rules of the American Arbitration Association. The award rendered by the arbitrator
may be entered as a judgment in any court having jurisdiction thereof. The arbitration shall be
conducted in the county where the Leased Premises is located. Arbitration shall be the exclusive remedy
of the parties.
19. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring a claim
to enforce any rights hereunder, the parties agree to bear their own costs and attorney’s fees incurred
as a result of the claim.
20. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested, addressed as follows (or any other address that the party to be
notified may have designated to the sender by like notice):
If to Landlord, to:
Attn: City Administrator
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
with a copy to:
LeVander, Gillen & Miller, P.A.
11
Attn: Stillwater City Attorney
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
If to Tenant, to:
Washington County Sheriff’s Office
Attn: Radio System Manager
15015 ‐ 62nd Street North
P.O. Box 3801
Stillwater, MN 55082
With a copy to:
Washington County Attorney
14949‐ 62nd Street North
Stillwater, MN 55082
21. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord
represents to the other party that such individual is authorized to do so by requisite action of the party
to this Lease.
22. Warranty of Title and Quiet Enjoyment. Landlord warrants that: (i) Landlord owns the Landlord
Property in fee simple and has rights of access thereto; (ii) Landlord has full right to make and perform
this Lease; and (iii) Landlord covenants and agrees with Tenant that upon Tenant paying the Annual Rent
and observing and performing all the terms, covenants, and conditions on Tenant's part to be observed
and performed, Tenant may peacefully and quietly enjoy the Leased Premises.
23. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend to and bind
the heirs, personal representatives, successors and assigns of the parties hereto.
24. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding
of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no
representations or understandings of any kind not set forth herein. Any modification of or amendment
to this Lease must be in writing and executed by both parties.
25. Governing Law. This Lease shall be construed in accordance with the laws of the State of
Minnesota.
26. Severability. If any term of this Lease is found be void or invalid, such invalidity shall not affect
the remaining terms of this Lease, which shall continue in full force and effect.
27. Cooperation. The parties hereby agree to cooperate with each other and their authorized
representatives regarding any reasonable request made subsequent to execution of this Lease, to
12
correct any clerical errors contained in this Lease and to provide any and all additional documentation
deemed necessary by either party to effectuate the transaction contemplated by this Lease. The parties
further agree that “to cooperate” as used in this Lease includes but is not limited to, the agreement by
the parties to execute or re‐execute any documents that either party reasonably deems necessary and
desirable to carry out the intent of this Lease.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year first above written.
WASHINGTON COUNTY
______________________________________
Board of Commissioners Date
______________________________________
County Administrator Date
______________________________________
Sheriff Date
Approved as to form:
______________________________________
County Attorney’s Office Date
13
CITY OF STILLWATER
___________________________________
Mayor Date
___________________________________
City Clerk Date
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dlxiiZ,f.N a.Ji.wk under the law1t d/ .~tz..~ State of .. _____ .M:1.Jlne.s.c:ta .............. -................ , lHtrty o/ tlw sn1111d part,
I Rlftntfttlb, That the .9(ti4 part .... ,.i,e.s,. ...... ...of the ft'1•at pa1•t, in 1·011sitl,·rati,m of lht! H(t-m 0/ ........................ _
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io ...... ---th.em. ... _ .................... in hant(paid by the Haid par/.y of the llt'rrmcl part, tl11i 1'1·1·,·itil 1(·hamf i~ /11:rclly
at:k1tott,•lrdf"rtl, do ............... 11.ereliy qranf., Barsfain, Sell, awl l'om·rt/ tt11lo /1,r. ·"'11ir! p,,rt11 oJ; tlte _.,,·,·ontl prtrl.
its 111,u.:cei.wn·H uml atJ:tif!n,r, PureiJp·, all the truf'f .. M ....... .rwp11·1·t·l •........... of /11,iJ /yin{!.' mul h,·ilf;1 in. lllf: C0111tllJ
u/---··-·····-··\'.iashing.ton. .. --·-·:l: .... --·-·-.and State of .-Jlimu"-'1lu, <lc,wrib•"I ms /ulluwa, tu-wit:
All thnt pa.rt of /.the Northwest <~uarter (NWl) of the Northeast:' ()uarte.r (~"El)
o! Section Thirty-two (32) ,in Township Thirty (30) North of Range Twenty (20) lfost of
the Fourth Meridian, descr~))ed as follows,. to-wit: ·-·---i
Beginning at the 'Northwest corner of said tract and running thence Easterly
along the North line thereof, ::i distance of One Hundred Ninety-one (191)°-feet, more
j or less, to a point oppos\~~ tl_le southwest Corner Of Block Twenty-five (25) of
McKinstry and Seeleys Secon(1 .\ddi tion to Stil lwnter, Minne~otn; thence ~outherly par-
allel with the West line of)said tract to a point One Hundred (100) feet South of the
North line of said trnct; t~ence Easterly pnrallel with the South line~! said Dlock
Twenty-five (25) Fifty (50),feet; thence Southerly parallel w1t11 the Wes.:t line of
said tract One Hundred Thir~y (130) feet; thence Westerly parallel with ithe South
line of Blocks Twenty-five (25) and' Twenty-six (26) o! McKin.stry and seJleys Second
Addition One Hundred Thirty \(130) feet; thence Northerly parallel with t'he 1~est line
of said tract One Hundred. Nfnety (190) feet; thence Westerly parallel wfth the South
line of Block Twenty.six (2~) of McKinstry and Seeleys Second. ,dclition One Hundred.
Eleven (111) feet, more or f,~ss, to the 1Vest line of said. tract; thence !'lortherly
along said. West line of su.1Uj tr:nct Fifty (50) feet, more or less, to the, place of
beginning, containing approxt',1)11.ately 0.6937 acre, accord.ing to the United.'States
Government Survey thereof; e_Scc.etftihg and reserving unto the said. parties· 'of the
first part, their heirs and 'as.signs, a ,.perpetual right of way and easemertt over
and across the North Fifty (~O) feet of said property for purposes o! iniress and
egress .to and !rom the so-called 11 St. Paul Road'-'. f
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1Eo J,a.bt anb to Jltolb tf.Jt ~r, To~etht·r with all tlu: li1·r1:rlf.t,11u,·11/.-, aml u.ppu.rtr.n~,u£·.~ lhrrt·
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CERTIFICATE OF SUR'VEY
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JAMElil F, SIMONET
Mlnneaota Reiit•tered Land Surveyor No. 705
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DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Ben Gutknecht, Assistant City Planner
SUBJECT: Ordinance Amending City Code Sections 31-101, 31-302 through 31-315,
and Section 31-501 to amend regulations and controls for accessory
structures, CD 2022-57
BACKGROUND
Over the past year, the Planning Commission (the “Commission”) has continued to
discuss and review changes to the Accessory Structure Regulations. The City Council
“Council” reviewed and generally concurred with the preliminary amendments in early
2022. At the April 26, 2023 Planning Commission meeting, the Commission reviewed the
updated amendment and recommend approval to the City Council. The amendment is
now before the City Council for the first of two Readings.
DISCUSSION
Previously, the Commission provided feedback on the proposed changes relating to
accessory structure definitions and size limitations. Upon review of the existing Ordinance
staff also proposed reformatting the Zoning District and Performance Standards sections
of the City Code that pertained to accessory structures/garages. In preparation for a
formal adoption process, Staff coordinated with the City Attorney, who recommend
additional clarifications. Staff has now incorporated comments from the Commission and
City Attorney into a new draft that has been reviewed and recommend approval by the
Planning Commission.
Summary of changes
Allow offices and recreation rooms in upper half-story of accessory structures,
similar to accessory dwelling units (already allowed)
o Primarily for personal, home office uses
o Cannot be used for commercial use unless in accordance with Home
Occupation regulations
Not intended to allow customers on site
Not intended to allow any manufacturing
Remove conflicting language regarding Accessory Dwelling Units in upper (half
story) level of detached garages
o Accessory Dwelling Rules state that Accessory Dwellings must be in
upper level of garage (within certain parameters); meanwhile, the
underlying Zoning District states that livable space cannot be in upper
level of detached garage
Amend height limits to be measured by height, not number of stories
Amend setbacks affecting accessory dwelling units
Increase the square footage allowed on larger lots
Prohibit temporary membrane structures/car ports
Amend language to clearly state number of accessory structures allowed on
residential lots
Reformat existing ordinance structure to be more organized and remove
inconsistencies
Reformatting
The current format of the zoning code forces the reader to look for regulations related to
accessory uses in multiple places. The reader must look at the zoning district, and then
to the performance standards. The information located in these places may be different
due to past updates to one section, but not to another, or may simply contain typos. To
remedy this, Staff has moved accessory use-related code from the zoning districts, to the
performance standards so that the zoning district tells the reader if certain accessory uses
are allowed, and the performance standards describes how the use may be designed and
situated. Staff believes this proposed format change makes the zoning code more user-
friendly for all and decreases the chance of inconsistencies due to text changes in the
future.
Staff has also moved the Accessory Structures performance standards section to come
before the Accessory Dwelling Unit performance standards in order to provide the reader
a baseline of information about district-specific regulations regarding accessory uses in
general. Staff believes that providing this information going from general to specific, is
more organized and provides a higher-quality document.
RECOMMENDATION
The Planning Commission recommends approval of the Ordinance Amending City Code
Sections 31-101, 31-302 through 31-315, and Section 31-501 pertaining to definitions,
performance standards, and regulations for accessory structures and garages.
ACTION REQUESTED
Motion to approve the first reading of the Ordinance Amending City Code Sections 31-
101, 31-302 through 31-315, and Section 31-501 regarding accessory structures.
City of Stillwater
Washington County, Minnesota
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTIONS 31-101, 31-302
THROUGH 31-315, AND SECTION 31-501 THROUGH 31-503 REGARDING
ACCESSORY STRUCTURES AND GARAGES
The City Council of the City of Stillwater does ordain:
SECTION 1 AMEND. Chapter 31, Article I, Section 31-101 of the City Code,
Definitions, is hereby amended as follows:
Sec. 31-101. Definitions.
For the purposes of this chapter of the Code the following terms, phrases, words and
their derivations shall have the meanings given in this Section 31-101. When consistent with
the context, words in the plural include the singular and words in the singular include the
plural.
Accessory use means a subordinate use customarily incidental to and located on the
same lot with the main use.
Accessory, or buildings, or structure means a detached subordinate use, building or
structure customarily incidental to and located on the same lot with as the mainprincipal use
or building. Throughout the zoning ordinance, the terms "use," "building" or "structure" are
synonymous and the term "building" includes within its meaning "use" and "structure" when
applying the development regulations in each district. Accessory buildings or structures are
not attached to the principal structure. Carports and shipping containers are not considered
Accessory buildings or structures, and are temporary in nature.
Accessory use, building, or structure when found in Section 31-400 (Floodplain overlay
district) means a use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure. Garage, private means a
building or a portion of a building in which motor vehicles used by the residents of the
building on the premises are stored or kept.
SECTION 2 AMEND. Chapter 31, Article III, Division II, Section 31-302 through
Section 31-315, Residential Zoning Districts, is hereby amended as follows:
Division 2. Residential Zoning Districts
Sec. 31-302. A-P agricultural preservation district.
A-P agricultural preservation districts shall be regulated as follows:
(a) Purpose. The purpose of the A-P district shall be to maintain and enhance
agricultural operations and preserve agricultural lands utilized for crop
production and to serve as a holding zone for lands where phased urban
expansion will occur. The preservation of agricultural land is intended to prevent
urban sprawl, control the public costs of providing urban services and reduce
urban/rural conflicts which arise as a result of premature development of rural
areas. The A-P district is further intended to preserve open space and natural
resource areas.
(b) Allowable uses.
(1) See Table in Section 31-315 for the allowable uses within this district.
(2) Any other uses or activities determined by the planning commission to be
of the same general character as those found in Section 31-315 for the A-
P district and that will not impair the future urbanization of the property
may be allowed.
(c) Accessory structure and garage standards. See Section 31-501 for accessory
structure and garage standards within this district. Detached accessory
buildings.
(1) No detached accessory buildings may be located within the required front yard.
(2) All detached accessory buildings located within a side yard must be set back a
minimum of ten feet from the side lot line in the case of an interior lot or 25 feet
in the case of a corner lot.
(3) All detached accessory buildings located in the rear yard must be set back a
minimum of 25 feet from the rear lot line.
(d) Massing regulations.
(1) Minimum standards.1
Lot area per dwelling 10 acres
Lot width 300 feet
Lot depth 300 feet
Lot depth to width ratio 3:1
Front yard setback 50 feet
Side yard setback 25 feet
Rear yard setback 75 feet
Height
Height of residence 2½ stories, not to exceed 35 feet
Height of agricultural structures 50 feet maximum
Height of accessory structures (other than
agricultural structures)
1½ stories, not to exceed 20 feet and not
exceeding height of main residential
structure20 feet maximum and not exceed
height of principal structure
(2) Additional setback standards.2
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
(e) Building and unplatted land. A building permit for a residential or nonagricultural
building in this A-P district will not be issued until a plot plan showing the
proposed building and the land areas to be set aside to accommodate it is
submitted and approved by the director of community development. The plot
plan may delineate a tract of land which is part of a larger ownership without the
filing of a plat, provided the delineated tract is accurately tied to a section or
quarter section corner and has access to a public street, road or highway. This
delineated tract must be entered on the official zoning map of the city and is
considered the same as a platted lot for purposes of regulating permits on
adjacent land. The owners of tracts abutting an existing road, street or highway
which has less than city standard width must deliver a warranty deed of
dedication acceptable to the city for that amount of right-of-way necessary to
comply with the city standards prior to the issuance of the building permit.
(f) Agricultural uses. Agricultural uses are permitted with no restrictions as to
operation of vehicles or machinery customarily incidental to agricultural uses and
with no restrictions to the sale or marketing of products raised on the premises;
provided, however, that any buildings, structure or yard for the raising, feeding,
pasturing, housing or sale of livestock or poultry must be located at least 100
feet from residentially zoned land; and provided further that there shall be no
disposal of garbage, rubbish or offal, other than regular removal, within 300 feet
of residentially zoned land.
(g) Subdivisions. Any request for subdivision of land in the A-P district must be
accompanied with a ghost plat that shows how future urban development can
be accomplished.
1 All standards are minimum requirements unless otherwise noted.
2 Measured from right-of-way line.
Sec. 31-303. LR lakeshore residential district.
LR lakeshore residential districts shall be regulated as follows:
(a) Allowable uses. See Table in Section 31-315 for the allowable uses within this
district.
(b) Accessory structure and garage standards. See Section 31-501 for accessory
structure and garage standards within this district. Accessory buildings and uses.
Uses and buildings incidental to permitted or special permitted uses are subject
to the following regulations:
(1) All accessory structures must meet the requirements for the bluff and shoreline
set forth in Section 31-402 (Shoreland Management overlay district).
(2) No retaining walls may be constructed to create yard areas or sites for swimming
pools.
(3) No accessory buildings or uses that result in the cutting of trees or clearing of
vegetation are permitted.
(c) Massing regulations.
(1) Minimum standards.1
Lot area 20,000 square feet
Lot width 80 feet
Lot depth 170 feet
Front yard setback
House 25 feet
Garage (front facing)2 32 feet
Garage (side facing) 20 feet
Side yard setback; Interior
House 10 feet
Garage 5 feet
Corner
House 25 feet
Garage 25 feet
Rear yard setback (any building, swimming
pool, or other structure)
85 feet from Ordinary High Water elevation
Frontage requirement3 35 feet
Maximum garage area 1,000 square feet
Height
Main building 2½ stories, not to exceed 35 feet
Accessory building (garages) 1 story, not to exceed 20 feet 20 feet
maximum and not exceed height of
principal structure
(2) Additional setback standards.4
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
(d) Design review. Administrative design review by the community development
director is required for all permitted and specially permitted buildings or uses in
the Lakeshore district. Building siting, grading, drainage, tree protection and
erosion control measures must be reviewed by the community development
director for each development site.
1 All standards are minimum requirements unless otherwise noted.
2 Front facing garages must be setback at least six fee more than the front wall or porch line
of the house. House and garage setbacks are strongly encouraged to meet special
design guidelines for variety of garage types and locations (front loaded, side loaded
and recessed) and front and exterior side house elevations.
2 Where two or more adjacent lots do not meet street frontage requirements, the driveways
must be combined.
3 Measured from right-of-way line.
Sec. 31-304. CTR cove traditional residential district.
CTR cove traditional residential districts shall be regulated as follows:
(a) Allowable uses. See Table in Section 31-315 for the allowable uses within this
district.
(b) Accessory structure and garage standards. See Section 31-501 for accessory
structure and garage standards within this district. Accessory uses and
structures. One detached garage subject to the three conditions below, or one
accessory dwelling subject to regulations in Section 31.501, Subd. 2.
(1) Detached accessory structures may not have window openings facing the rear
property line.
(2) Detached accessory structures located on corner lots must have the garage
doors turned away from the side street.
(3) If there are two garages on site, at least one garage must not face the street or
streets if a corner lot.
(c) Massing regulations.
(1) Minimum standards.1
Lot area 14,000 square feet
Lot width (at building setback line) 80 feet
Lot width on cul-de-sac (at front lot line) 40 feet
Front yard setback 25 feet2
Front setback for garage See footnote 2 on this page
Side yard setback
Interior 7.5 feet
Corner 20 feet
Rear yard 25 feet
Building height 2 stories, not to exceed 35 feet
Driveway width, maximum
(at front lot line)
14 feet
(2) Additional setback standards.23
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
1 All standards are minimum requirements unless otherwise noted.
2 Garages must be set back at least six feet behind the front wall of the house or porch.
Except that on 40 percent of the lots, garages may be placed in front of the six-foot
setback. For the 40 percent garage in front of the six-foot setback, front facing garages
can be no more than two feet in front of the front wall of the house or porch; and for
side loaded garages, they may be in front of the home but must meet special design
consideration of four side architecture.
23 Measured from right-of-way line.
Sec. 31-305. RA one-family district.
RA one-family districts shall be regulated as follows:
(a) Allowable uses.
(1) See Table in Section 31-315 for the allowable uses within this district.
(2) Accessory structure and garage standards. See Section 31-501 for
accessory structure and garage standards within this district. Accessory
uses. In the RA district uses and buildings incidental to permitted or
special permitted uses shall be subject to the following regulations:
i. The maximum lot coverage of all accessory buildings including attached and
detached private garages and other accessory buildings shall be 1,000
square feet or ten percent of the lot area, whichever is less.
ii. The total ground coverage of the accessory buildings shall not exceed the
ground coverage of the principal building.
iii. No more than two accessory buildings (one private garage and one other
accessory building 120 square feet maximum) shall be located on a
residential premises.
iv. An accessory building shall not be designed or used for human habitation,
business or industrial accessory use.
(b) Massing regulations.
(1) Minimum standards.1
Lot area 10,000 square feet
Lot width 75 feet
Lot depth 100 feet
Front yard setback 30 feet
Side yard setback
Interior 10 feet
Corner 30 feet
Rear yard setback 25 feet
Maximum lot coverage 30 percent
Frontage requirement 25 feet on an improved public street
Height
Main building 2½ stories, not to exceed 35 feet
Accessory building 20 feet maximum and not exceed height of
principal structure 1 story, not to exceed 20
feet
(2) Additional setback standards.2
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
(3) Exceptions:
i. Front yard. Where a uniform front yard setback exists which is less
than 30 feet, any building or structure erected, structurally altered or
enlarged may conform to the established setback but in no case a
setback of less than 20 feet will be allowed. Where a uniform front
yard setback does not exist, the minimum required setback shall be
the average of the setback of the two adjacent main buildings; or if
there is only one adjacent main building, the setback of the main
building shall govern, but in no case shall a setback less than 20 feet
be allowed or greater than 30 feet be required.
ii. Corner yard. For corner lots where the corner side yard setback or
front yard setback for the main building on the adjacent lot on the
same street is less than the required setbacks, the corner lot setback
for the adjacent main building shall govern, but in no case shall a
setback of less than 20 feet be allowed.
iii. Side yard. When there is an attached garage on one side of the
dwelling, the garage setback is five feet, provided that no habitable
floor area is closer than ten feet from the property line and provided
that the garage is a minimum of 15 feet from the nearest structure on
the adjacent lot.
iv. Side and rear yard. An accessory structure located entirely in the
side yard at least six feet from the main building shall have a
minimum side and rear yard setback of five feet.
1 All standards are minimum requirements unless otherwise noted.
2 Measured from right-of-way line.
Sec. 31-306. TR traditional residential district.
TR Traditional residential districts shall be regulated as follows:
(a) Allowable uses.
(1) See Table in Section 31-315 for the allowable uses within the TR district.
(2) Accessory structure and garage standards. See Section 31-501 for
accessory structure and garage standards within this district. Accessory
uses. In the TR district uses and buildings incidental to permitted or
special permitted uses shall be subject to the following regulations:
i. One accessory structure may be located on a residential lot.
ii. Uses may include one or more of the following:
a. Accessory dwelling unit, 500 square feet maximum;
b. Accessory dwelling and one enclosed structure parking space (720
square feet maximum)
c. Home office; and/or
d. Storage.
iii. Maximum size of a detached accessory structure is:
a. 500 square feet, one story use of loft area is allowed; or
b. 720 square feet (when grade level used as only garage, i.e., no garage
attached to primary structure), 20 feet maximum building height.
iv. A detached accessory structure must abide by the following setbacks:
Side yard, 5 feet
Rear yard, 10 feet
v. The application requires design review for consistency with the primary unit in
design, detailing and materials.
vi. Detached accessory structures shall not have window openings facing the
rear property line.
vii. Detached accessory structures located on corner lots shall have the garage
doors turned away from the side street.
viii. If there are two garages on site, a minimum of one garage shall not face the
street or streets if a corner lot.
(b) Massing regulations.
(1) Minimum standards.1
Average lot area (when part of a PUD) 10,000 square feet
Lot width 65 feet
Lot depth NA
Front yard setback
House 20 feet
Garage (front facing)2 27 feet
Garage (side facing) 20 feet
Side yard setback
Interior
House 10 feet
Garage 5 feet, 3 feet if in rear yard
Corner
House 15 feet
Garage 20 feet
Rear yard setback
House 25 feet
Garage 3 feet
Frontage requirement23 35 feet
Maximum garage area 1,000 square feet
Height
Main building/accessory building 2½ stories, not to exceed 35 feet
Garages, accessory building 20 feet maximum and not exceed height of
principal structure 1 story, not to exceed 20
feet
(2) Additional setback standards.34
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
(c) Design review. Design review is required for accessory dwelling units or duplex
developments subject to traditional development design standards.
1 All standards are minimum requirements unless otherwise noted.
2 Seventy-five percent of front facing garages must have the garage setback at least six feet
from the front wall or porch line of house. House and garage setbacks are strongly
encouraged to meet special design guidelines for variety of garage types and locations
(front loaded, side loaded and recessed) and front and exterior side house elevations.
23 Where two or more adjacent lots do not meet street frontage requirements, the driveways
must be combined.
34 Measured from right-of-way line.
Sec. 31-307. CCR cove cottage residential district.
CCR cove cottage residential districts shall be regulated as follows:
(a) Allowable uses. See Table in Section 31-315 for the allowable uses within this
district.
(b) Accessory structure and garage standards. See Section 31-501 for accessory
structure and garage standards within this district. Accessory structures.
Accessory structures are not allowed.
(c) Attached garages. Attached garages shall be regulated as follows:
(1) On 70% of the lots, garages must be set back a minimum of 6 feet behind the
front wall or the front porch of the residence.
(2) On 30% of the lots, garages may extend beyond the front line of the dwelling.
These garages may be side loaded.
(3) Third car garages may be side entry or separated from the main garage, at an
angle to the main garage, or otherwise screened by a portion of the house,
porch, or facade.
(4) Corner lots may have side loaded garages.
(5) Garages may be no larger than three stalls
(c) Massing regulations.
(1) Minimum standards.1
Lot area, average 10,000 square feet
Lot area, minimum 7,000 square feet
Lot width, at building front 60 feet
Front yard setback 20 feet
Side yard
Interior 7.5 feet
Corner 20 feet
Rear yard 25 feet
Minimum lot width at street 30 feet
Driveway width maximum (at front property
line)
14 feet
Building height, maximum 2 stories, not to exceed 35 feet
(2) Additional setback standards.2
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
1 All standards are minimum requirements unless otherwise noted.
2 Measured from right-of-way line.
Sec. 31-308. RB two-family district.
RB-two-family districts shall be regulated as follows:
(a) Allowable uses.
(1) See Table in Section 31-315 for the allowable uses within this district.
(2) In addition to, and not in lieu of other official controls, all buildings and
uses hereafter proposed for construction, whether on existing vacant
parcels or parcels being vacated because of demolition or destruction of
an existing structure, are subject to the standards, regulations and
provisions of the Neighborhood Conservation District. (See City Code Ch.
22, Section 22-7, Subd. 5(7)—Heritage preservation commission,
additional duties).
(3) Accessory structure and garage standards. See Section 31-501 for
accessory structure and garage standards within this district. Accessory
uses. In the RB district uses and buildings incidental to permitted or
special permitted uses shall be subject to the following regulations:
i. The maximum lot coverage of all accessory buildings including attached and
detached private garages and other accessory buildings shall be 1,000 square
feet or ten percent of the lot area, whichever is less.
ii. The total ground coverage of the accessory buildings shall not exceed the
ground coverage of the principal building.
iii. No more than two accessory buildings (one private garage and one other
accessory building 120 square feet maximum) shall be located on a residential
premises.
iv. An accessory building shall not be designed or used for human habitation,
business or industrial accessory use.
(b) Massing regulations.
(1) Minimum standards.1
Single-family Two-family
Lot area 7,500 square feet 10,000 square feet
Lot width 50 feet2 75 feet
Lot depth 100 feet 100 feet
Front yard setback
Main building 20 feet 20 feet
Garage Detached or attached: A
minimum of 30 feet and set
back at least 10 feet from
Detached or attached: A
minimum of 30 feet and set
back at least 10 feet from
the front set back line of the
principal dwelling.
the front set back line of the
principal dwelling.
Side yard setback
Interior
Main building The total of both side yards
must equal 15 feet with at
least five feet on each side.
The total of both side yards
must equal 15 feet with at
least five feet on each side.
Garage Attached: 5 feet
Detached in the rear yard: 3
feet
Attached: 5 feet
Detached in the rear yard: 3
feet
Exterior (corner side)
Main building 20 feet, 5 feet on interior
side
20 feet, 5 feet on interior
side
Garage Detached or attached: A
minimum of 30 feet and set
back at least 10 feet from
the front set back line of the
principal dwelling.
Detached or attached: A
minimum of 30 feet and set
back at least 10 feet from
the front set back line of the
principal dwelling.
Rear yard setback
Main building 25 feet 25 feet
Garage Attached: 5 feet
Detached in the rear yard: 3
feet
Attached: 5 feet
Detached in the rear yard: 3
feet
Frontage requirement 35 feet on improved public
street
35 feet on improved public
street
Maximum lot coverage
Buildings 25 percent 25 percent
Impervious surfaces 25 percent 25 percent
Height
Main building3 35 feet maximum 35 feet maximum
Accessory building3 1 story, not to exceed 20
feet
1 story, not to exceed 20
feet 20 feet maximum and
not exceed height of
principal structure
(2) Additional setback standards.34
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
1 All standards are minimum requirements unless otherwise noted.
2 For new corner lots created in the district, the lot width must be a minimum of 70 feet.
3 Height limitations for parcels within the RB-two family district that are also subject to the
CBDR Riverside overlay district (section 31-403) shall be a maximum of 1.5 stories, but
not to exceed 20 feet measured from front street level.
34 Measured from right-of-way line.
Sec. 31-309. CR cottage residential district.
(a) Allowable uses.
(1) See Table in Section 31-315 for the allowable uses within the CR district.
(2) Accessory structure and garage standards. See Section 31-501 for
accessory structure and garage standards within this district. Accessory
uses. No more than two accessory buildings (one private garage and one
accessory building 90 square feet maximum) may be located on a
residential premises. The garage may be no more than two stalls wide.
(b) Massing regulations.
(1) Minimum standards.1
Average lot area (when part of a PUD) 6,000 square feet
Average lot area for two-family residences
(when part of a PUD)
9,000 square feet
Lot width 50 feet
Lot depth NA
Front yard setback
House 15 feet
Garage (front facing)2 20 feet
Garage (side facing) 15 feet
Side yard setback
Interior
House 5 feet
Garage 5 feet
Corner
House 15 feet
Garage 15 feet
Rear yard setback
House 25 feet
Garage 3 feet
Garage for two-family residence 5 feet
Frontage requirement23 30 feet
Driveway width at street right-of-way 12 feet, but may taper to 18 feet at back of
curb
Height
Main building 2 stories, not to exceed 28 feet
Garages 1 story, not to exceed 20 feet 20 feet
maximum and not exceed height of
principal structure
(2) Additional setback standards.34
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
1 All standards are minimum requirements unless otherwise noted.
2 For single-family residences: a minimum of 25 percent of lots must have garages
completely recessed (more than six feet from front of a building or porch), a minimum
of 25 percent of lots must have the garages set back two feet or more and a maximum
of 50 percent of garages may project a maximum of six feet out from the front wall of
the residence. Of that 50 percent, 25 percent must have habitable space above the
garage and 25 percent must have front porches extending in front of the residence.
House and garage setbacks are strongly encouraged to meet special design guidelines
for variety of garage types and locations (front loaded, side loaded and recessed) and
front and exterior side house elevations. For two-family residences: 1) all garages must
be set back 6 feet from the front of the residence; 2) only two stall garages at a
maximum are allowed; and 3) and each garage must be accessed from driveways on
different streets.
23 Where two or more adjacent lots do not meet street frontage requirements, the driveways
must be combined.
34 Measured from the right-of-way line.
Sec. 31-310. TH townhouse residential district.
(a) Allowable uses. See Table in Section 31-315 for the allowable uses within the
TH district.
(b) Massing regulations.
(1) Minimum standards.1
Lot area per unit 5,000 square feet
Front yard setback
Residence 20 feet
Garage front facing 25 feet
Garage side facing 20 feet
Side yard setback 25 feet
Rear yard setback 25 feet
Building separation 15 feet
Height 2½ stories, not to exceed 35 feet
(2) Additional setback standards.2
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
(c) Design review. Design review is required for all permitted and specially permitted
buildings or uses.
1 All standards are minimum requirements unless otherwise noted.
2 Measured from the right-of-way line.
Sec. 31-311. CTHR cove townhouse residential district.
(a) Allowable uses.
(1) See Table in Section 31-315 for the allowable uses within this district.
(b) Massing regulations.
(1) Minimum standards.1
Lot area per unit 3,000 square feet
Setbacks
Boutwell Avenue 70 feet
Manning Avenue 100 feet
Other public streets 30 feet
Building separation 40 feet
Height 2½ stories, not to exceed 35 feet
(2) Additional setback standards.2
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
(c) Design review. Administrative design review is required for all permitted and
specially permitted buildings or uses.
(1) Townhouse garages must front on private alleys. Only end units may front
on public streets. Elevation views should include patios and porches.
1 All standards are minimum requirements unless otherwise noted.
2 Measured from right-of-way line.
Sec. 31-312. RCL low density multiple-family residential district.
(a) Allowable uses.
(1) See Table in Section 31-315 for the allowable uses within this district.
(b) Massing regulations.
(1) Minimum standards.1
Lot area 20,000 square feet
Lot area per unit 7,000 square feet
Open space per unit 1,500 square feet
Front setback2 35 feet
Side setback2 50 feet
Rear setback2 50 feet
Principal building separation 50 feet
Building Height 35 feet maximum
(2) Additional setback standards.3
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
(c) Recreation facilities. Ten percent of the gross project area shall be specifically
designed, developed and maintained for recreational purposes such as:
Children's play apparatus, swimming and wading pools, game areas such as
tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In
addition, the city council at its discretion may require that the developer provide
public park space according to the city park dedication requirements.
(d) Landscaping and screening. Landscaping and screening shall be as follows:
(1) All sites when fully developed shall be completely graded so as to
adequately drain and dispose of all surface water, stormwater and
groundwater in such a manner as to preclude large scale erosion and
unwanted ponding.
(2) All sites when fully developed shall be landscaped according to a plan
approved by the city council. The landscaping plan shall specify the size,
type and location of all trees and shrubbery and the location of all sodded
areas.
(3) Parking areas containing four or more spaces which are adjacent to or
across the street from a residential district shall be screened to a height of
at least four feet by shrubbery, wood or masonry materials.
1 All standards are minimum requirements unless otherwise noted.
2 Principal and accessory structures must meet this setback standard.
3 Measured from the right-of-way line.
Sec. 31-313. RCM medium density multiple-family residential district.
(a) Allowable uses.
(1) See Table in Section 31-315 for the allowable uses within this district.
(b) Massing regulations.
(1) Minimum standards.1
Lot area 12,000 square feet
Lot area per unit 2,800 square feet
Maximum lot coverage 30 percent
Maximum floor area ratio 0.75
Front setback
Principal building 35 feet
Accessory building 45 feet
Side setback
Principal building 20 feet
Accessory building 10 feet
Rear setback
Principal building 45 feet
Accessory building 10 feet
Principal building separation 35 feet
Building Height 3 stories maximum
i. Exceptions:
a. One- and two-family dwellings may be allowed to conform to
the RB district setback requirements.
b. When the adjacent buildings are located with a setback less
than is required above, a multiple dwelling may be permitted to
be located up to the point of the lesser setback requirement.
(2) Additional setback standards.2
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
(c) Recreation facilities. There shall be 200 square feet per dwelling unit or ten
percent of the gross project area, whichever is greater, specifically designed,
developed and maintained by the owner for recreation purposes in the RCM
district such as follows: Children's play apparatus, swimming and wading pools,
game areas, such as tennis and horseshoe courts, picnicking and outdoor
cooking facilities, etc. In addition, the city council at its discretion may require
that the developer provide public park space according to the city park dedication
requirements.
(d) Landscaping and screening. Landscaping and screening shall be as follows:
(1) All sites when fully developed shall be completely graded so as to
adequately drain and dispose of all surface water, stormwater and
groundwater in such a manner as to preclude large scale erosion and
unwanted ponding.
(2) All sites when fully developed shall be landscaped according to a plan
approved by the city council. The landscaping plan shall specify the size,
type and location of all trees and shrubbery and the location of all sodded
areas.
(3) Parking areas containing four or more spaces which are adjacent to or
across the street from a residential district shall be screened to a height of
at least four feet by shrubbery, wood or masonry materials.
1 All standards are minimum requirements unless otherwise noted.
2 Measured from the right-of-way line.
Sec. 31-314. RCH high density multiple-family residential district.
(a) Purpose. The purpose of the RCH district is to provide density requirements for
multiple-family dwellings to be built in the redevelopment area of the city.
(b) Massing regulations.
(1) Minimum standards.1
Lot area 11,000 square feet
Lot area per unit 1,500 square feet
Maximum floor area ratio2 one to two
Building Height 40 feet maximum
i. Yard and setback requirements. Yard and setback requirements are
as follows:
a. Front yard. Setback requirements shall be determined by
setbacks that exist on the two adjacent properties. If the two
adjacent properties do not have a common setback, then a
setback of a distance equal between the two setbacks shall be
required. A setback of at least ten feet shall be maintained at
corner lots and where there is no adjacent structure.
b. Side yard. A setback of at least 20 feet shall be maintained. A
side yard setback of zero may be allowed if no openings are in
the side of the structure and the structure abuts another
structure with no openings. If this is the case, the sidewall must
be of firewall standards required by the Uniform Building Code.
Side yard setbacks on a corner lot shall conform to existing
setbacks on the block, or if no setback exists, it shall be ten
feet.
c. Back yard. A setback of at least 20 feet shall be maintained. A
rear yard setback of zero may be allowed if no openings are in
the rear of the structure and the structure abuts another
structure with no openings. If this is the case, the rear wall must
be of firewall standards required by the Uniform Building Code.
d. In cases where more than one principal building is located on
the same site, the following setbacks shall be required:
1. Walls containing windows shall not be closer than 40 feet.
2. Walls that have no openings may be zero feet apart but
must be of firewall standards required by the Uniform
Building Code.
(2) Additional setback standards.3
Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet
County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet
Railroad 75 feet
(c) Recreation facilities. Ten percent of the gross project area in the RCH district
shall be specifically designed, developed and maintained for recreational
purposes such as: Children's play apparatus, swimming and wading pools,
game areas such as tennis and horseshoe courts, picnicking and outdoor
cooking facilities, etc. In addition, the city council at its discretion may require
that the developer provide public park space according to the city park dedication
requirements.
(d) Landscaping and screening. Landscaping and screening shall be as follows:
(1) All sites when fully developed shall be completely graded so as to
adequately drain and dispose of all surface water, stormwater and
groundwater in such a manner as to preclude large scale erosion and
unwanted ponding.
(2) All sites when fully developed shall be landscaped according to a plan
approved by the city council. The landscaping plan shall specify the size,
type and location of all trees and shrubbery and the location of all sodded
areas.
(3) Parking areas containing four or more spaces which are adjacent to or
across the street from a residential district shall be screened to a height of
at least four feet by shrubbery, wood or masonry materials.
1 All standards are minimum requirements unless otherwise noted.
2 Floor area ratio is the numerical value obtained through dividing the gross floor area of a
building or buildings by the net area of the lot or parcel of land on which such building or
buildings are located.
3 Measured from right-of-way line.
Sec. 31-314.1. RR rural residential district.
(a) Purpose. The purpose of the RR district shall be to maintain large lot
neighborhood design and characteristics in areas where urban services are
unavailable.
(b) Allowable uses.
(1) See Table in Section 31-315 for the allowable uses within this district.
(c) Accessory structure and garage standards. See Section 31-501 for accessory
structure and garage standards within this district. Detached accessory
buildings.
(1) No detached accessory buildings may be located within the required front yard.
(2) All detached accessory buildings located within a side yard must be set back a
minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet
in the case of a corner lot.
(3) All detached accessory buildings located in the rear yard must be set back a
minimum of 25 feet from the rear lot line.
(d) Massing regulations.
(1) Minimum standards.1
Lot area per dwelling One (1) acre
Lot width 100 feet
Lot depth 300 feet
Front yard setback 40 feet
Interior side yard setback 15 feet (COS)
Exterior yard setback 40 feet
Rear yard setback 50 feet
Maximum lot coverage 25%
Height of residence 35 feet
Height of accessory structures 20 feet and not exceeding height of main
residential structure
(2) Additional setback standards.2
Trunk Highway 96 (Stonebridge Trail to Co
Rd. 15)
100 feet
McKusick Road (Neal Ave. to Co Rd. 15) 100 feet
County Rd. 12 (Northland Ave. to Co Rd.
15)
100 feet
County Rd. 15 (Trunk Highway 36 to Trunk
Highway 96)
100 feet
Railroad 75 feet
1 All standards are minimum requirements unless otherwise noted.
2 Measured from right-of-way line.
Sec. 31-315. Allowable uses in residential districts.
ALLOWA
BLE
USES
ZONING DISTRICTS
A-
P
L
R
C
T
R
RA T
R
C
C
R
RB C
R
T
H
CT
HR
R
C
L
R
C
M
R
C
H
R
R
HM
U16
Single-
family
dwelling
1
P P P P P P P P P C
U
P
P
Two-
family
dwelling1
P P2 C
U
P
Attached
single-
family
dwelling
or
C
U
P
P
townhous
e3
Townhou
se, row
house,
group
house1
P
Multifamil
y
dwelling4
and
condomi
niums
C
U
P
P
Accessor
y
dwelling
(See
Section
31-5021)
C
U
P
P CU
P
P
Duplex
accessor
y unit
(See
Section
31-5032)
C
U
P
Rooming
houses 1
C
U
P
Type I
home
occupatio
n (See
Section
31-500)
P C
U
P
P P S
U
P
P P P CU
P
A C
U
P
P CU
P
Type II
home
occupatio
n (See
Section
31-500)
C
U
P
C
U
P
CU
P
C
U
P
C
U
P
CU
P10
C
U
P
C
U
P
CU
P
C
U
P
Type III
home
occupatio
n (See
Section
31-500)
CU
P
CU
P
Accessor
y building
and use
A A A5 A A6 A7 A8 A A A
(See
Section
31-501)
Public
schools
P C
U
P
Elementa
ry school
C
U
P
P C
U
P
Public
and
private
primary
and
secondar
y
schools9
CU
P10
CU
P9,10
Early
childhood
educatio
n
CU
P
Parks,
playgrou
nds and
other
open
space
areas
P P P P P P P P P P
Private
recreatio
n facility
A A
Church
or other
place of
worship
CU
P10
CU
P10
P C
U
P
Cemeteri
es
CU
P10
CU
P10
Hospital,
nursing
home or
rest
home
CU
P10
CU
P10
Institution
al
building
P C
U
P
Bed &
Breakfast
(Type D
Short
CU
P10
P1
1
C
U
P
Term
Home
Rental)
Short
Term
Home
Rental;
Type A
and B
P P P P P P P P P P P P P P
Short
Term
Home
Rental;
Type C
C
U
P
C
U
P
C
U
P
CU
P
C
U
P
C
U
P
CU
P
C
U
P
C
U
P
CU
P
C
U
P
C
U
P
C
U
P
CU
P
Off street
parking &
loading
A A
Agricultur
al uses
P
Agricultur
al
produce
sales
P P1
4
Commer
cial
greenhou
se
P
Fish
hatcherie
s and
aviaries
P
Fishing
lakes and
picnic
groves12
P
Forest
and
wildlife
reservati
ons or
similar
facilities
P
Fur
farming
(raising
fur
bearing
animals,
excluding
P
skunks
and civet
cats)
Riding
academi
es or
stables
P
Essential
services
P P P P P P P P P P P P P P
Commer
cial uses
not found
objection
able by
neighbor
s
C
U
P
Retail
business
of a
corner
store
nature
C
U
P
CU
P
Senior
care
living
facilities
C
U
P
CU
P13
C
U
P
CU
P10
Armory CU
P10
Municipal
fire
station
CU
P10
Small
wireless
facilities
Small
wireless
facilities
in the
right-of-
way
P P P P P P P P P P P P P
Personal
outdoor
Storage
P1
5
Growing
of
industrial
hemp
P
Short
term
P P P P P P P P P P P P P P P
home
rentals
P = Permitted use
CUP = Use permitted with a Conditional Use Permit
A = Accessory use
Blank cell in table means that the use is NOT allowed.
1 Only one principal structure is allowed on a parcel.
2 Two-family dwelling allowed only on corner lots.
3 An attached single-family dwelling or townhouse is defined as: A single structure
consisting of not less than three dwelling units located or capable of being located on a
separate lot, and being separated from the adjoining dwelling unit by an approved wall
extending from the foundation through the roof and structurally independent of the
adjoining unit.
4 Dwelling units for three or more families on a single parcel.
5 Accessory structures in the CTR district are limited to one detached garage or one
accessory dwelling. Accessory dwelling is permitted only with a conditional use
permitspecial use permit. Garage is limited to a total of three stalls and all detached
accessory structures shall be regulated by the standards found in Section 31-501, Subd.
32 (performance standards for accessory dwelling units in CTR district).
6 Accessory structures in the TR district are subject to the regulations found in Section 31-
503, Subd. 1
7 Accessory structures in the RB district are subject to the regulations found in Section 31-
503, Subd. 2
8 Garage is limited to two stalls wide.
9 Including accessory buildings and uses located upon property contiguous to that occupied
by the main building.
10 SUP may only be issued by city council.
11 Must be located at least 900 feet from another bed & breakfast.
12 No concession or retail sales are permitted.
13 Senior care living facilities in the RA zoning district shall have a minimum property size of
five acres.
14 Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a
farm stand, at farmers' markets or by delivery.
15 Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled
or pull-behind recreational vehicles, including, but not limited to, snowmobiles, all-terrain
vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or
landscaped from roadways and neighboring views. No outside business storage is
permitted.
16 Multi-family residential is an allowable use within this district, but shall not be the
predominate use as determined by less than 30 percent of usable land area designated
as multi-family use.
SECTION 3 AMEND. Chapter 31, Article V, Division I, Section 31-501 through 31-
503, Residential Standards, is hereby amended as follows:
Division 1, Residential Standards
Sec. 31-5013. Accessory structures and garages.
General Provisions.
(a) The following provisions apply to accessory structures and attached garages
located in all residential zoning districts unless otherwise noted below:
(1) Accessory structures may not exceed 20 feet and not exceed the height
of the main residence.
(2) Accessory structures square footage may not exceed the principal
dwelling’s foot print.
Subd. 1. In AP districts.
(a) No accessory structures may be located within the required front yard.
(b) All accessory structures located within a side yard must be set back a
minimum of ten feet from the side lot line in the case of an interior lot or 25 feet
in the case of a corner lot.
(c) All accessory structures located in the rear yard must be set back a minimum
of 25 feet from the rear lot line.
(d) Height of agricultural structures may not exceed a maximum of 50 feet.
Subd. 2. In LR districts.
(a) The maximum lot coverage of an attached garage plus all accessory
structures shall be 2,000 square feet or 10% of net developable area (as
defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.)
of the lot, whichever is less.
(b) All accessory structures must meet the requirements for the bluff and
shoreline set forth in Section 31-402 (Shoreland Management overlay district).
(c) No accessory structures or uses that result in the cutting of trees or clearing of
vegetation are permitted.
(d) Front facing garages must be setback at least six feet more than the front wall
or porch line of the house. House and garage setbacks are strongly
encouraged to meet special design guidelines for variety of garage types and
locations (front loaded, side loaded and recessed) and front and exterior side
house elevations.
Subd.3. In CTR districts.
(a) One attached garage and one accessory structure may be located on a
residential lot, when all applicable zoning standards are met.
(b) Garages and accessory structure uses may include one or more of the
following:
(1) Accessory dwelling unit;
(2) Accessory dwelling and one enclosed structure parking space;
(3) Home office;
(4) Storage.
(5) Recreation room
(c) Garages and accessory structures must be set back at least six feet behind
the front wall of the house or porch.
(d) Accessory structure must not result in the loss of significant trees or require
major site alteration;
(e) Only one accessory structure may be located on a residential lot.
(f) Maximum size of an accessory structure is:
(1) 500 square feet, one story use of loft area is allowed; or
(2) 720 square feet (when grade level used as only garage, i.e., no garage
attached to primary structure), 20 feet maximum building height.
(g) An accessory structure must abide by the following setbacks:
Side yard 5 feet
Rear yard 10 feet
(h) Accessory structures may not have window openings facing the rear property
line.
(i) Accessory structures located on corner lots must have the garage doors
turned away from the side street.
Subd.4. In RA districts.
(a) The maximum lot coverage of an attached garage plus all accessory
structures shall be 1,000 square feet or 10% of net developable area (as
defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.)
of the lot, whichever is less.
(b) The total ground coverage of the accessory structures shall not exceed the
ground coverage of the principal building.
(c) No more than two accessory structures, one of which cannot exceed120
square feet maximum shall be located on a residential premises.
(d) An accessory structure shall not be designed or used for human habitation,
business or industrial accessory use.
(e) Side yard setback. When there is an attached garage on one side of the
dwelling, the garage setback is five feet, provided that no habitable floor area
is closer than ten feet from the property line and provided that the garage is a
minimum of 15 feet from the nearest structure on the adjacent lot.
(f) Side and rear yard setback. An accessory structure located entirely in the side
yard at least six feet from the main building shall have a minimum side and
rear yard setback of five feet.
Subd. 5. In TR districts.
(a) The maximum lot coverage of an attached garage plus all accessory
structures may not exceed 1,000 square feet or 10% of net developable area
(as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes,
etc.) of the lot, whichever is less.
(b) One attached garage and one accessory structure may be located on a
residential lot, when all applicable zoning standards are met.
(c) Uses for attached garage and accessory structures may include one or more
of the following:
(1) Accessory dwelling unit, 500 square feet maximum;
(2) Accessory dwelling and one enclosed structure parking space (720
square feet maximum);
(3) Home office;
(4) and/or Storage.
(d) Maximum size of an accessory structure is:
(1) 500 square feet, one story use of loft area is allowed;
(2) or 720 square feet (when grade level used as only garage, i.e., no garage
attached to primary structure), 20 feet maximum building height.
(e) An accessory structure must abide by the following setbacks:
Side yard, 5 feet
Rear yard, 10 feet
(f) Accessory structures shall not have window openings facing the rear property
line.
(g) Accessory structures located on corner lots shall have the garage doors
turned away from the side street.
(h) If there are two garages on site, a minimum of one garage shall not face the
street or streets if a corner lot.
Subd. 1. In TR districts.
(a) Accessory structures are subject to the following regulations:
(1) One accessory structure may be located on a residential lot.
(2) Uses may include one or more of the following:
i. Accessory dwelling unit, 500 square feet maximum;
ii. Accessory dwelling and one enclosed structure parking space (720 square
feet maximum);
iii. Home office; and/or
iv. Storage.
(3) Maximum size of a detached accessory structure is:
i. 00 square feet, one story use of loft area is allowed; or
ii. 720 square feet (when grade level used as only garage, i.e., no garage
attached to primary structure), 20 feet maximum building height.
(4) A detached accessory structure must abide by the following setbacks:
Side yard, 5 feet
Rear yard, 10 feet
(5) The application requires design review for consistency with the primary unit in
design, detailing and materials.
(6) Detached accessory structures shall not have window openings facing the rear
property line.
(7) Detached accessory structures located on corner lots shall have the garage
doors turned away from the side street.
(8) If there are two garages on site, a minimum of one garage shall not face the
street or streets if a corner lot.
Subd.6. in CCR districts.
(a) Accessory structures are not allowed.
(b) Attached garages. Attached garages shall be regulated as follows:
(1) On 70% of the lots, garages must be set back a minimum of 6 feet behind
the front wall or the front porch of the residence.
(2) On 30% of the lots, garages may extend beyond the front line of the
dwelling. These garages may be side loaded.
(3) Third car garages may be side entry or separated from the main garage,
at an angle to the main garage, or otherwise screened by a portion of the
house, porch, or facade.
(4) Corner lots may have side loaded garages.
(5) Garages may be no larger than three stalls.
Subd. 7. In RB districts.
(a) The maximum lot coverage of an attached garage plus all accessory
structures may not exceed 1,000 square feet or 10% of net developable area
(as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes,
etc.) of the lot, whichever is less.
(b) The total ground coverage of the accessory structures shall not exceed the
ground coverage of the principal building.
(c) No more than two accessory structures, one of which cannot exceed120
square feet maximum shall be located on a residential premises.
(d) The upper level of an accessory building may include an accessory dwelling
(in accordance with Sec. 31-501 of this chapter), storage, home office or
recreation room. The lower level of an accessory building shall not be
designed or used for human habitation, business or industrial accessory use.
Subd. 2. In RB districts.
(a) Accessory buildings are subject to the following performance standards:
(1) The maximum lot coverage of all accessory buildings including attached and
detached private garages and other accessory buildings shall be 1,000 square
feet or ten percent of the lot area, whichever is less.
(2) The total ground coverage of the accessory buildings shall not exceed the
ground coverage of the principal building.
(3) No more than two accessory buildings, one private garage and one other
accessory building, 120 square feet maximum, shall be located on a residential
premises.
(4) An accessory building shall not be designed or used for human habitation,
business or industrial accessory use.
Subd.9. In CTHR districts.
(a) Townhouse garages must front on private alleys. Only end units may front on
public streets. Elevation views should include patios and porches.
Subd.10. In RR districts.
(a) No accessory structures may be located within the required front yard.
(b) All accessory structures located within a side yard must be set back a
minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet
in the case of a corner lot.
(c) All accessory structures located in the rear yard must be set back a minimum
of 25 feet from the rear lot line.
Sec. 31-5021. Accessory dwellings.
Subd. 1. In TR districts.
(a) Accessory dwellings are permitted in the TR districts subject to the following
regulations:
(1) Lot size must be at least 10,000 square feet;
(2) May be located within or attached to the primary structure, or within an
accessory structure (detached from the primary structure);
(3) Off-street parking requirements for an accessory unit and single family
residence must be provided;
Four off-street parking spaces, three shall be enclosed;
All four spaces must be provided within the setback boundaries of the property;
(4) A detached accessory dwelling must be located in the rear yard of the primary
residence;
(5) Detached accessory dwelling units shall not have roof dormers that face the
nearest residential lot side yard property line;
(6) Detached aAccessory structure will not result in the loss of significant trees or
require major site alteration.
Subd. 2. In CTR districts:
(a) An accessory dwelling unit is a specially permitted use in the CTR districts
subject to the following regulations:
(1) Lot size on which an accessory dwelling is located must be at least 145,000
square feet;
(2) Accessory dwellings may be located within or attached to the primary
structure, or within an accessory structure (detached from the primary
structure);
(3) Off-street parking requirements for an accessory unit and a single-family
residence must be provided: Four off-street parking spaces, three must be
enclosed. All four spaces must be provided within the setback boundaries of
the property;
(4) A detached accessory dwelling must be located in the rear yard of the primary
residence;
(5) Detached accessory dwelling units may not have roof dormers that face the
nearest residential lot side yard property line;
(6) Detached aAccessory structure must not result in the loss of significant trees
or require major site alteration;
(7) Only one detached accessory structure may be located on a residential lot.
(8) Detached accessory uses may include one or more of the following:
i. Accessory dwelling unit;
ii. Accessory dwelling and one enclosed structure parking space;
iii. Home office;
iv. Storage.
(9) Maximum size of a detached accessory structure is:
i. 500 square feet, one story use of loft area is allowed; or
ii. 720 square feet (when grade level used as only garage, i.e., no garage
attached to primary structure), 20 feet maximum building height.
(10) A detached accessory structure must abide by the following setbacks:
Side yard 5 feet
Rear yard 10 feet
(11) An accessory use requires design review for consistency with the primary unit
in design, detailing and materials.
(12) Detached accessory structures may not have window openings facing the
rear property line.
(13) Detached accessory structures located on corner lots must have the garage
doors turned away from the side street.
(14) If there are two garages on site, at least one garage must not face the street
or streets if a corner lot.
Subd. 3. In RB districts.
(a) An accessory dwelling unit is a specially permitted use in the RB district
subject to the following regulations:
(1) Lot size must be at least 10,000 square feet;
(2) The accessory dwelling unit may be located on second floor above the
garage;
(3) The accessory dwelling unit must abide by the primary structure setbacks
for side and rear setbacks;
(4) The accessory dwelling unit must be located in the rear yard of the
primary residence or be set back from the front of the lot beyond the
midpoint of the primary residence;
(4) Off-street parking requirements for an apartment and single-family
residence (four spaces) must be provided;
(5) Maximum size of the accessory dwelling unit is 800 square feet;
(6) The application requires administrative design review for consistency with
the primary unit in design, detailing and materials;
(7) The height may not exceed that of the primary residence; and
(8) Both the primary and accessory dwelling unit must be connected to
municipal sewer and water services and be located on an improved public
street.
(9) Maximum size of garage an accessory structure footprint may not exceed
1,000 square feet and is considered part of the total allowable accessory
structure and attached garage square footage.is 800 square feet.
Sec. 31-5032. Duplex accessory dwelling units.
Subd. 1. In TR districts.
(a) Duplex accessory dwelling units are permitted special uses in the TR district
subject to the following requirements:
(1) Minimum lot size is 12,000 square feet.
(2) Garages must be separated if street facing or on separate street fronts for
corner lots.
(3) The design of the duplex must appear as a single family house.
(4) The number of duplexes is limited by the PUD for the subject property.
(5) Duplexes must be located at least 200 feet apart.
(6) Design review is required for consistency with traditional neighborhood
design guidelines.
(7) Duplexes must meet the development standards for single family
structures.
(8) Home offices are permitted accessory uses if located above a garage that
is located in the rear yard.
SECTION 4 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the
case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The ordinance defines accessory structures, amends performance standards for
accessory structures, further clarifies uses allowed within accessory structures, amends
performance standards for accessory dwelling units, clarifies number of accessory
structures allowed in residential districts and reformats the performance standards
pertaining to accessory structures and accessory dwelling units to better organize the
City Code.
SECTION 5 EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Adopted by the City Council of the City of Stillwater this _____ day of , 2023.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
DATE: May 12, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Revisions to City Charter
As part of the City Code revision process, City Attorney Land and myself also reviewed
the City Charter and found a few items that should be amended and they are as follows:
1. Under Article III Elective Officers 3.01 Council composition and election, the first
sentence of paragraph a. General Requirements should be updated to reflect the
current rule for redistricting. The suggested change is:
a. General Requirements. The Charter Commission, by resolution adopted not
later than May 10, 1992, or within forty-five (45) days after the Legislature has
next redistricted, whichever is first, shall divide the City into wards.
Also the first and last sentence of paragraph b. Redefining Ward Boundaries
should be changed to reflect State Statute 410.12 subd. 7. The suggested
change is:
b. Redefining Ward Boundaries. The Charter Commission, by resolution, may
redefine ward boundaries subject to the limitations and restrictions of State
Statute. Within forty-five (45) days after the official certification of each
federal decennial or special census, the Charter Commission shall either
confirm the existing ward boundaries as conforming to the standards of
Subd. 3.01.a. or redefine ward boundaries to conform to those standards.
Any action establishing new ward boundaries shall apply to the first election
held after establishment of the new boundaries. No established division or
redivision of the City into wards shall be made until the Charter Commission
has held a public hearing after two weeks' published notice. recommends to
the City Council to enact a charter amendment by ordinance. Within one
month of receiving a recommendation to amend the charter by ordinance, the
city must publish notice of a public hearing on the proposal and the notice
must contain the text of the proposed amendment. The city council must hold
the public hearing on the proposed charter amendment at least two weeks but
not more than one month after the notice is published.
2. To keep all election items together, we suggest moving Chapter 21, Section 21-
11 Election Wards in its entirety from the city code and be placed at the end of
Article IV Elections in Chapter 1 of the City Charter. We feel this is a more
appropriate place.
3. Lastly, two minor corrections should be made to Article V.
In Section 5.05 Council meeting records there is a title correction that should be
fixed: It is hereby made the duty of the Mayor, or in the case of the Mayor's
absence or disability the vice-presidentMayor, to sign the Clerk's records of the
proceedings of each meeting of the Council, when the record has been presented
for signature.
In Section 5.06 Holding other offices there is a double entry in the first sentence
that should be fixed: No member of the Council shall hold any other City
employment or employment or be a member of the Library Board.
ACTION REQUIRED
The City Council should review the above suggested revisions to the City Charter and
make a motion to approve the First Reading of the attached ordinance amendment to
the City Charter.
City of Stillwater
Washington County, Minnesota
ORDINANCE NO. _____
AN ORDINANCE AMENDING THE CHARTER
OF THE CITY OF STILLWATER
The City Council of the City of Stillwater does ordain:
SECTION 1 AMENDMENT. That the Stillwater, Minnesota City Code Article III
section 3.01 is hereby amended as follows:
3.01. – Council composition and election.
The Council shall be composed of a Mayor, who shall be elected at large, and four
Councilmembers, who shall be elected by wards. Each Councilmember shall be a
resident of the ward from which he or she is elected and shall serve for a term of
four years and until a successor is elected and qualifies. The Mayor shall serve for
a term of four years and until a successor is elected and qualifies. Elective officers
whose terms have not expired at the time of the first election following the
adoption of this Charter provision shall continue to hold office until the expiration
of the term for which originally elected.
a. General Requirements. The Charter Commission, by resolution adopted not
later than May 10, 1992, or within forty-five (45) days after the Legislature has
next redistricted, whichever is first, shall divide the City into wards. Wards
shall be as equal in population as practicable and each ward shall be composed
of a compact, contiguous territory. The City Council shall assign one encumbent
Councilmember to each of the newly created wards. If the City Council shall fail
to assign a Councilmember within forty-five (45) days after a ward is created,
the Charter Commission shall make the assignment. This assignment shall not
disqualify an incumbent Councilmember who does not reside within the ward
to which he or she is assigned from completing the term for which the
Councilmember is elected, and for one additional term beyond the term of
initial assignment. Thereafter, each Councilmember shall be a resident of the
ward from which the Councilmember is elected, except that a change in ward
boundaries shall not disqualify a Councilmember from serving out the
remainder of a term. All vacancies on the Council, however created, shall be
filled by a person who resides in the ward to which he or she is appointed.
b. Redefining Ward Boundaries. The Charter Commission, by resolution, may
redefine ward boundaries subject to the limitations and restrictions of State
Statute. Within forty-five (45) days after the official certification of each federal
decennial or special census, the Charter Commission shall either confirm the
existing ward boundaries as conforming to the standards of Subd. 3.01.a. or
redefine ward boundaries to conform to those standards. Any action
establishing new ward boundaries shall apply to the first election held after
establishment of the new boundaries. No established division or redivision of
the City into wards shall be made until the Charter Commission has held a
2
public hearing after two weeks' published notice. recommends to the City
Council to enact a charter amendment by ordinance. Within one month of
receiving a recommendation to amend the charter by ordinance, the city must
publish notice of a public hearing on the proposal and the notice must contain
the text of the proposed amendment. The city council must hold the public
hearing on the proposed charter amendment at least two weeks but not more
than one month after the notice is published.
SECTION 2 AMENDMENT. That the Stillwater, Minnesota City Code Article IV is
hereby amended by adding a section to be numbered 4.06, which section reads as follows:
4.06. ‐ Election wards.
The city is divided into election precincts as are legally described in the following
subdivisions:
Subd. 1. Precinct 1 (Ward 1). All properties within the Corporate limits of the City of
Stillwater beginning at the point of intersection of the centerlines of TH 36 and
County Road 5 (also known as Stillwater Boulevard) and heading North easterly
along the centerline of County Road 5 to the centerline of Pine Street. Thence
Easterly along the centerline of Pine Street to the centerline of Second Street.
Thence Northerly along the centerline of Second Street to the centerline of Nelson
Street. Thence Easterly along the centerline of Nelson Street to the shoreline of the
Saint Croix River and said line there terminating.
Subd. 2. Precinct 2 (Ward 2). All properties within the Corporate limits of the City of
Stillwater lying Southeasterly of the following described beginning at point
centerline of County Road 5 (also known Owens Street and Stonebridge Trail) 1,050
feet from the Centerline of Hwy 96 (also known as Dellwood Road) heading
Southerly along the centerline of County Road 5 to the centerline of Myrtle Street
(also known as County Road 12). Thence Westerly along the centerline of Myrtle
Street to the centerline Brick Street. Thence Southerly along the centerline of Brick
Street to the centerline of County Road 5 (also known as Stillwater Boulevard and
Olive Street). Thence Westerly and South westerly along the centerline County Road
5 to the centerline Pine Street. Thence Easterly along the centerline of Pine Street
to the centerline of Second Street. Thence Northly along the centerline of Second
Street to the centerline of Nelson Street. Thence Easterly along the centerline Nelson
Street to the shoreline of the Saint Croix River and said line there terminating.
Subd. 3. Precinct 3 (Ward 3). All properties within the Corporate limits of the City of
Stillwater lying west of County Road 5 (also known as North Owens Street and
Stonebridge Trail) and North of County Road 12 (also known as West Myrtle Street
and 75 th Street N.).
Subd. 4. Precinct 4 (Ward 4). All properties within the Corporate limits of the City of
Stillwater beginning at the point of intersection of the centerlines of County Road
12 (also known as West Myrtle Street) and Brick Street. Thence Southerly along the
centerline of Brick Street to the centerline of County Road 5 (also known as West
Olive Street and Stillwater Boulevard). Thence Westerly and Southerly along the
centerline County Road 5 to centerline of TH 36. Thence Westerly along centerline
of TH 36 to centerline of County Road 15 (also known as Manning Avenue). Thence
3
Northerly along centerline of County Road 15 to the centerline of County Road 12
(also known as Myrtle Street). Thence Easterly along centerline of County Road 12
to centerline of Brick Street and said line there terminating. Also said Precinct 4
(Ward 4) shall include the following parcel south of Hwy 36 along Manning Avenue:
all that part of the Southwest ¼ of the Northwest ¼ and of the Northwest ¼ of the
Northwest ¼ of Section 6, Township 29, Range 20 that lies northerly of the following
described line: commencing at the southwest corner of the Northwest ¼ of said
section 6, thence North 1 degree 14 minutes 50 seconds East, along the West line of
Northwest ¼, for 969.67 feet to the point of beginning of the line to be described;
thence South 87 degrees 25 minutes 34 seconds East for 1120.72 feet and there
terminating excepting therefrom all that portion of the Southwest ¼ of the
Northwest ¼ of said Section 6, lying West of the Town Road (als o known as Manning
Avenue North) as it now traverses said section 6.
SECTION 3 AMENDMENT. That the Stillwater, Minnesota City Code Article V
section 5.05 and 5.06 are hereby amended as follows:
5.05. – Council meeting records.
It is hereby made the duty of the Mayor, or in the case of the Mayor's absence or
disability the vice-presidentMayor, to sign the Clerk's records of the proceedings of
each meeting of the Council, when the record has been presented for signature.
5.06. – Holding other offices.
No member of the Council shall hold any other City employment or employment or
be a member of the Library Board. Neither may any Councilmember be elected or
appointed to any office created nor the compensation of which is increased by the
Council while a member thereof until one year after the expiration of the term for
which the member was elected.
SECTION 4 SAVING. In all other ways, the Stillwater City Code shall remain in
full force and effect.
SECTION 5 EFFECTIVE DATE. This Ordinance shall be effective 90 days after its
passage and publication according to law.”
Approved this ____________day of __________________, 2023.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Board of Commissioners
Fran Miron, District 1
Stan Karwoski, District 2
Gary Kriesel, District 3, Chair
Karla Bigham, District 4
Michelle Clasen, District 5
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 April 25, 2023, County Board meeting minutes.
B. Approval to reappoint Eric Peterson, to a second term as a Community Social Services
Representative on the Community Corrections Advisory Board, with his term expiring
December 31, 2024.
C. Approve Amendment No. 1 to Grant Contract No. 14137 between the Minnesota Department of
Human Services and Washington County, adding additional Community Living Infrastructure
grant funds in the amount of $195,201 and extending the contract expiration date to June 30,
2025.
D. Adopt a resolution to approve a favorable recommendation to the Department of Revenue for
conveyance of tax forfeited land to the City of Cottage Grove by conditional use deed.
E. Adopt a resolution to approve a favorable recommendation to the Department of Revenue for
conveyance of tax forfeited land to Washington County.
F. Adopt a resolution to approve an application from the Bayport American Legion Post 491 to
conduct off-site gambling, pull tab activities, during the Yellow Ribbon Randy Kopesky Field
of Bands event being held on September 16, 2023, at the Washington County Fairgrounds,
located at 12300 N 40th Street, Stillwater, in Baytown Township.
G. Approval of an application for a 1-4 day Temporary On-Sale Liquor License from Bayport
American Legion Post 491 for the Yellow Ribbon Randy Kopesky Field of Bands at the
Washington County Fairgrounds, located at 12300 40th Street North in Baytown Township on
September 16, 2023.
H. Adopt a resolution to support the submission of a Washington County application to the
Charging and Fueling Infrastructure (CFI) Discretionary Grant program through the U.S.
BOARD AGENDA
May 16, 2023 - 9:00 AM
Department of Transportation (DOT), for electric vehicle (EV) chargers at facilities identified
throughout the county.
I.Approve Contract No. 15528 with Sir Lines-A-Lot in the amount of $213,710 for the Washington
County 2023 Latex Contract, for latex pavement marking striping on various county highways and
local streets within Washington County during the year 2023.
J.Approve a letter of support for the University of Minnesota invasive cattail removal project to
restore nearshore lake ecosystems at Big Marine Park Reserve.
Consent Calendar continued
4. 9:10 Public Works - Eden Rogers, Engineer II (item A)
- Cory Slagle, Assistant County Engineer (item B)
A. Approval of Contract No. 15522 in the amount of $137,498.31 with Century Fence Co. for the
County State Aid Highway (CSAH) 15 (Manning Ave) Safety Improvement Project.
B. Approve Change Order #8 in the amount of $196,906.23 and Change Order #11 in the amount
of $340,277.95 with Valley Paving, Inc. for the County State Aid Highway 15 Pavement
Improvement Project.
5. 9:40 General Administration - Kevin Corbid, County Administrator
A. National Association of County Engineers (NACE) - Urban Engineer of the Year Award
B. Legislative Update
6. 10:00
7.10:15
8.10:15
9.10:20
10.11:10
11.11:30
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
Board Workshop with Accounting and Finance
A. Discuss the American Rescue Plan Act 2023 Recovery Plan.
Break
Board Workshop with Public Works
A. Discuss Metro Transit’s Network Now planning process.
12. 12:00 Board Workshop with Administration
A. Discuss a potential Land and Water Legacy project 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
Board of Commissioners
Fran Miron, District 1
Stan Karwoski, District 2
Gary Kriesel, District 3, Chair
Karla Bigham, District 4
Michelle Clasen, District 5
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
BOARD AGENDA
May 9, 2023 - 9:00 AM
1. 9:00 Washington County Regional Railroad Authority
9:20
A.Roll Call
Pledge of Allegiance
B.Approval of the February 28, 2023, Regional Railroad Authority meeting minutes.
C.Adopt a resolution to grant easements to the City of Hugo over Washington County Regional
Rail Authority property currently being used as the Hardwood Creek Trail in the City of Hugo.
D.Adjourn
Washington County Board of Commissioners Convenes
2. 9:20
3. 9:20
4. 9:30
Roll Call
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 April 18, 2023, County Board meeting minutes.
B. Approval to appoint Kristin Tuenge, to a partial term on the Groundwater Advisory Committee
as a Municipal Government position, with a term expiring December 31, 2025.
C. Approval to appoint Colleen Swedberg, Oakdale, to the District 2 position on the Community
Development Block Grant Citizen Advisory Committee to a partial term expiring December 31,
2023.
D. Approval to appoint Colleen Swedberg, Oakdale, to an At Large position, with a partial term
expiring December 31, 2024, on the Historic Courthouse Committee.
E. Adopt a resolution reappointing Michael White, Scandia, to a second term expiring June 21,
2026, as a Manager on the Carnelian Marine St. Croix Watershed District.
F. Adopt a resolution reappointing Ann Warner, May Township, to a first full term expiring June
21, 2026, as a Manager on the Carnelian Marine St. Croix Watershed District.
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
G. Adopt a resolution reappointing Victoria Dupre, May Township, to a second term expiring June
21, 2026, as Manager on the Carnelian Marine St. Croix Watershed District.
H. Adopt a resolution approving a Joint Powers Agreement between the State of Minnesota,
Department of Corrections-Facilities Division, and Washington County, by and through the
Washington County Attorney's Office, for reimbursement of expenses for the period of July 1,
2023, through June 30, 2024.
I. Approval of an application for renewal of an On-Sale and Sunday Liquor License for the
Outing Lodge at Pine Point, in Stillwater Township located at 11661 Myeron Road North,
Stillwater.
J. Adopt a resolution to approve an application to conduct excluded bingo for the Afton Bayport
Lakeland Lions Club.
K. Approval of an application for renewal of an On-Sale and Sunday Liquor License for Cenco
Farms Inc., Afton Apple Orchard, in Denmark Township located at 14421 S. 90th Street,
Hastings, MN.
5. 9:30 Community Services - Sarah Tripple, Division Manager
A. Adopt a resolution to authorize Washington County to accept additional grant funds from MN
Housing Finance Agency for the Family Homelessness Prevention and Assistance Program
(FHPAP) for the Fast Track Program in the amount of $1,165,000 for the period of June 1,
2023, through September 30, 2023.
B. Approve Contract No. 15461 with Coratel Inn and Suites for a do not exceed amount of
$450,000 to secure rooms to provide emergency housing to individuals experiencing
homelessness in Washington County, for the term of May 22, 2023, through December 31,
2023.
6. 9:50 Public Works - Eden Rogers, Engineer II
A. Approve Contract No. 15512 in the amount of $274,170 with Graef Engineering for the County
State Aid Highway (CSAH) 15 (Manning Avenue North) Improvement Project.
7. 10:05 Sheriff's Office - Sergeant Joel Legut
A. Adopt a resolution recognizing National Law Enforcement Week and Law Enforcement
Memorial Day in Washington County.
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
B. Consideration of cancellation of the July 25, 2023 Workshop Only meeting (NACO Annual
Conference conflict)
9. 10:35
10.10:50
11.10:50
12.10:55
13.11:40
14.12:00
15.12:45
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
Board Workshop with the Library
A. Presentation of current innovations in library access.
Break
Board Workshop with Public Works
A. Update on the West Central Service Center schematic design process and site layout.
Finance Committee
8. 10:20 General Administration - Kevin Corbid, County Administrator
A. Legislative Update