HomeMy WebLinkAbout2024-07-16 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.stillwatermn.gov
REVISED AGENDA
CITY COUNCIL MEETING
July 16, 2024
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. RECOGNITIONS OR PRESENTATIONS
1. Certificates of Appreciation for Downtown Graffiti Clean up
2. Community Thread Budget Request – Cathleen Hess
3. Washington County Historical Society Budget Request – Brent Peterson
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
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. July 2, 2024 Workshop, Regular and Closed Session Meeting Minutes
13. Payment of Bills
14. 2024 Street Improvement Project Easement Acquisitions along Greeley Street – Resolution
15. Downtown Special Service District Sidwalk Cleaning Agreement
16. Main Street Traffic Signal Pole Painting Project Agreement
17. Public Safety Cadet Program Memorandum of Agreement
18. Stop Sign Installation at Brick Street and County Road 12 – Resolution
19. Terra Spring Retaining Wall Engineering Services Agreement
VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less.
20. Proposed Vacation and Discontinuance of a Permanent Drainage and Utility Easement at 201 and
211 Olive St W (Case 2024-030) – Postponed
21. Proposed Vacation and Discontinuance of an Easement located at 1904 5th St N near Willow St W
(Case 2024-012) – Resolution
IX. UNFINISHED BUSINESS
X. NEW BUSINESS
22. Second Amendment to Resolution and Order to Repair Structures at 1309 3rd St S – Resolution
23. Potential City Charter Amendments Section 4.03 and 5.12
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
cStillwater ~ ~J
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216 4th Street N, Stillwater, MN 55082
651-430-8800
www.stillwatermn.gov
AGENDA
CITY COUNCIL MEETING
July 16, 2024
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. RECOGNITIONS OR PRESENTATIONS
1. Community Thread Budget Request – Cathleen Hess
2. Washington County Historical Society Budget Request – Brent Peterson
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
3. Public Works Director
4. Police Chief
5. Fire Chief
6. Finance Director
7. Community Development Director
8. City Clerk
9. City Attorney
10. City Administrator
VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no
discussion. Anyone may request an item to be removed from the consent agenda and considered separately.
11. July 2, 2024 Workshop, Regular and Closed Session Meeting Minutes
12. Payment of Bills
13. 2024 Street Improvement Project Easement Acquisitions along Greeley Street – Resolution
14. Downtown Special Service District Sidwalk Cleaning Agreement
15. Main Street Traffic Signal Pole Painting Project Agreement
16. Public Safety Cadet Program Memorandum of Agreement
17. Stop Sign Installation at Brick Street and County Road 12 – Resolution
18. Terra Spring Retaining Wall Engineering Services Agreement
VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less.
19. Proposed Vacation and Discontinuance of a Permanent Drainage and Utility Easement at 201 and
211 Olive St W (Case 2024-030) – Postponed
20. Proposed Vacation and Discontinuance of an Easement located at 1904 5th St N near Willow St W
(Case 2024-012) – Resolution
IX. UNFINISHED BUSINESS
X. NEW BUSINESS
21. Second Amendment to Resolution and Order to Repair Structures at 1309 3rd St S – Resolution
22. Potential City Charter Amendments Section 4.03 and 5.12
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
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On behalf of a grateful City and upon the recommendation of leading citizens, the
Mayor and City Council hereby extend recognition to
Patrol Sgt. Josh Gow
For organizing 2 teams for the Downtown Clean-up Day on July 14, 2024
focusing on Graffiti, including 35 volunteers; City Staff; supplies; safety
jackets & glasses; power washer; working with Businesses for punch-card
items for volunteers; and laying out a project map
and for outstanding service in support of the City of Stillwater’s mission.
Ted Kozlowski, Mayor
Date of recognition: July 16, 2024
STILLWATER
CITY COUNCIL
SERVICE AWARD
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THE B I R T H PL A Ct O f M I NN ES O T A )
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On behalf of a grateful City and upon the recommendation of leading citizens, the
Mayor and City Council hereby extend recognition to
Officer Brandon Crosbie
For helping organize 2 teams for the Downtown Clean-up Day on July 14,
2024 focusing on Graffiti, including 35 volunteers; City Staff; supplies; safety
jackets & glasses; power washer; working with Businesses for punch-card
items for volunteers; and laying out a project map
and for outstanding service in support of the City of Stillwater’s mission.
Ted Kozlowski, Mayor
Date of recognition: July 16, 2024
STILLWATER
CITY COUNCIL
SERVICE AWARD
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THE B I R T H PL A Ct O f M I NN ES O T A )
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On behalf of a grateful City and upon the recommendation of leading citizens, the
Mayor and City Council hereby extend recognition to
City Public Works Crew: Jeff Melstrom, Dave
Fleishhacker, Dan Radke, and Josh Wille
For assisting the Downtown Clean-up Day on July 14, 2024 focusing on
Graffiti, including supplies; safety jackets & glasses; and power washer
and for outstanding service in support of the City of Stillwater’s mission.
Ted Kozlowski, Mayor
Date of recognition: July 16, 2024
STILLWATER
CITY COUNCIL
SERVICE AWARD
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THE B I R T H PL A Ct O f M I NN ES O T A )
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1
From:Cathleen Hess <Cathleen@communitythreadmn.org>
Sent:Tuesday, July 9, 2024 11:36 AM
To:Beth Wolf
Subject:Request letter from Community Thread
Dear Mayor and Council,
On behalf of Community Thread, thank you for the opportunity to share our organization's value to the
City of Stillwater and its residents at the meeting on July 16, 2024.
I will provide a brief presentation on Community Thread's successes in the last year. In addition, I will
be requesting $16,000 of municipal support in addition to $5,000 support for the Connector Loop Bus,
which runs weekly throughout Stillwater and Oak Park Heights.
Thank you for the opportunity to present!
Sincerely,
Cathleen Hess
Cathleen Hess
Development & Communications Director
Direct: 651.789.4173 | Office: 651.439.7434
Cathleen@communitythreadmn.org
Connecting people. Enriching lives.
Super Summer Block Party: You're Invited!
Join us for the Super Summer Block Party! July 17, 2-5pm
Click here for more details and to RSVP.
Volunteers Needed
Get involved in the Valley!
Click here to learn more.
Call 651-439-7434 or visit Community Thread’s website for more information!
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July 6, 2024
Dear Stillwater Mayor & Council:
The Washington County Historical Society [WCHS] has been collecting, preserving and
disseminating the history of Washington County and the state of Minnesota for 90 years. WCHS
keeps the stories of the past and present to inspire and excite people from today and tomorrow
with what we as a society have done right and learn from what we have done wrong.
The exhibits at the Heritage Center, on indigenous beadwork, Grocery Store History, Stillwater
photographer John Runk, fashions from the 1860s & 1960 and the exhibit on our logging past,
have all been recognized as important markers for our community. The logging exhibit, called
“From the Woods to the World,” won a 2022 Minnesota History Award for exhibitions.
At the Center, we collaborate with ArtReach St. Croix as they have an area to put art exhibitions
in. We also have a “Community Corner” in which other historical organizations can show off
what they have – currently we have Gammelgarden Museum in the Corner.
Programming has gone wild at the Center. This past year we have had speakers on the Orphan
Train, Growing Up Wright with Lonnie Lovness, the Last Man’s Civil War club and Black
Pioneers of Washington County. We have these programs in person and via zoom, and then are
posted on our Facebook page and YouTube.
The Warden’s House Museum on North Main Street, continues to welcome guests from around
the country and from around the world. The Warden’s House, which opened in 1941, is the
second oldest house museum in Minnesota. In the Warden’s House, this year there is a focus of
the Women of the Warden’s House. There was also a speaker about Francis Delano, the first
Warden of the Prison and later Stillwater Mayor. Delano, MN is named for him.
The Warden’s House Museum and Heritage Center has also hosted more school groups this
season than any other since the pandemic and will be looking forward to our paranormal events
this coming October.
Besides just the museums, the WCHS is active outside of the museums holding the Stillwater
Historic Homes Tour in May and the ever-popular Winter Ice Cream Social in Lowell Park
WCHS
WASHINGTON COUNTY HISTORICAL SOCIETY
during January. This past January we had between 1,200 - 1,300 people come and get ice cream
cones and challenged the winter weather of Minnesota. The WCHS also holds the annual
Stillwater Historic House Tour with a record number of people attending this year. There were
people from across the country that came as well as people from England!
Artifact donations continue to come into the WCHS that are amazing. Such as photos of the
Stillwater Auditorium just before demolition, photo of the Northwestern Hotel ca. 1930, items
from Judge Howard Albertson from his family, photo of a derrick on the levee named “City of
Stillwater” from Bev Junker, photo of a class at Lincoln School from Eric Linner and items from
Marine on St. Croix, Bayport, Newport and other Washington County communities.
The WCHS also operates a former rural school, the Hay Lake School in Scandia – along with the
Erickson Log House – in which we tell the story of immigration to America, Minnesota and to
Washington County. It also allows us to tell the story of early education in the area.
The Washington County Historical Society still faces a financial challenge. The insurance for the
organization has gone up nearly $7,000 this year compared to last. The Warden’s House
Museum received a new porch at a cost of $105,000 but still needs a new roof. The storage area
in the Heritage Center needs to be renovated to museum quality standards, which will cost a
great deal of money. The Historical Society is still the only county historical society in
Minnesota that receives no annual assistance from its county.
The City of Stillwater has supported the Washington County Historical Society in the past and
we ask you again to support us in 2025. We would like to ask the city of Stillwater for an annual
appropriation of $7,500.
Thank you for your support,
Most sincerely,
Brent Peterson
Executive Director
Washington County Historical Society
Items from the City of Stillwater
Assessment Record book A: Grading [ 1891-1911]
Assessment Record book B: Sewer & Branch Sewer [ 1895-1913]
Assessment Record book C: Curb & Gutter [ 1891-1911]
Assessment Record book Q: Sidewalk construction, reconstruction, & repairs [ 1891-19 12]
Assessment Record book E: Pavement [ 1891 -1908]
Index to Assessments Record books A -E
Assessment Sale Certificates #4 [ 1908-1913]
Bond Book# 1 [ 1858-1880] (Different bond funds included in book)
Bond Book #2 [ 1881-ca. l 925] (Different bond funds included in book)
Fire Dept. Orders (#4101-4876) [ 1904-1909]
License: Billiard or Pool Table(# 100-132) [ 1929-1949]
License: Soft Drink (#200-300) [1925-1927]
Map: Sectional of Stillwater, Minn. from Survey of Myron Shepard 1870s
Pavement Assessment Rolls [1887-1889]
Plat Book: Washington County, MN by Hudson Map Co. 1938
Police Department: Hat -dark blue -2006
Pants -dark blue -size 31 -2006
Sweater -dark blue -size Large w/patches & strips on sleeves 2006
Shirt -dark blue -w/patches on each sleeve 2006
Shirt -gray -size large -patches on sleeves -Parking
Enforcement ca. 2000
Shirt -light blue -size 16 -patches on sleeves -community
Service ca. 2000
Sidewalk Assessment Rolls #2 [1884-1889]
Sidewalk Assessment Rolls #3 [ 1890 & 1911]
Sidewalk Assessment Rolls [ 1885-1886]
. J,,'/} yvtJ-e« /3: ;}~ t D-e_41.-~ ~ ., ... J.i· ( 8-f Lf -( ti tf 0
S h iJ vvlJ-u-f la,d-~ . i ~1v/ ~
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.stillwatermn.gov
CITY COUNCIL MEETING MINUTES
July 2, 2024
WORKSHOP MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:30 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator Kohlmann
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill
Finance Director Provos
Deputy Fire Chief Ballis
Police Chief Mueller
Public Works Director Sanders
IT Manager Rice
Library Director Troendle
OTHER BUSINESS
Election Ballot Question
City Administrator Kohlmann provided the proposed ballot language for a Local Option
Sales Tax referendum.
Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution
2024‐080, Resolution Approving a Referendum Question on the November 5, 2024 Ballot to
Impose a Local Option Sales Tax for the Betterment of the Riverfront Improvement Project. All
in favor.
STAFF REPORTS
Public Works Director Sanders updated the Council on flooding, the downtown lighting
project, and street project.
Police Chief Mueller gave an update on department activities, and flood water safety.
Deputy Fire Chief Ballis shared staff updates, department activities, and fireworks safety
tips.
Finance Director Provos stated 2025 budget work is beginning.
Community Development Director Gladhill summarized progress on the Zoning Code
update, parking permit program, building permit module, and code enforcement.
City Clerk Wolf shared a Browns Creek Watershed District invitation, stated that the Deputy
Clerk is starting, and noted there will not be a Human Rights Award presentation this month.
cStillwater ~~ ......, ' The Birthplace of Minnesota J
City Council Meeting July 2, 2024
Page 2 of 6
City Attorney Land asked to pull the Alcohol Training Ordinance off the Consent Agenda for
further discussion. The goal is to make training more focused on servers and allow bar
owners the flexibility to choose which training program they use. Council consensus was to
ask businesses for input before bringing it back to the Council.
City Administrator Kohlmann stated the PFAS request for funding is moving forward, and
the 4th of July fireworks will be rescheduled due to flooding in Lowell Park.
IT Manager Rice spoke about department projects and a firewall purchase.
Library Director Troendle reminded the Council of the naturalist program and Stuff the Bus
school drive.
ADJOURNMENT TO CLOSED SESSION
Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn to Closed
Session. All in favor. The Council adjourned to Closed Session at 5:18 p.m.
CLOSED SESSION
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator Kohlmann, City Attorney Land, Community
Development Director Gladhill
The Council met in Closed Session pursuant to Minn. Stat. Section 13D.05 subd. 3b to discuss
attorney client privileged communication regarding litigation at 421 Hanson Place.
Motion by Councilmember Junker, seconded by Councilmember Collins, to reopen the meeting.
All in favor.
Mayor Kozlowski recessed the meeting at 5:34 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, Polehna
Absent: None
Staff present: City Administrator Kohlmann
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill
Finance Director Provos
Deputy Fire Chief Ballis
Police Chief Mueller
Public Works Director Sanders
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
City Council Meeting July 2, 2024
Page 3 of 6
RECOGNITIONS OR PRESENTATIONS
Youth Service Bureau Budget Request – Mike Huntley
Mike Huntley, Youth Service Bureau Executive Director, reviewed the programs offered and
requested a contribution of $11,845 in 2025.
OPEN FORUM
Lizzie Harris, Owens Street resident, questioned the Council on traffic issues.
CONSENT AGENDA
June 18, 2024 Regular Meeting Minutes
June 21, 2024 Emergency Meeting Minutes
Payment of Bills
Appointment of Election Judges for 2024 Primary Election – Resolution 2024‐081
Automated Online Streaming Service at SCVRC - LiveBarn
City Hall Next Generation Firewall Agreement
Crack Seal 2024 Contract Agreement
Design Permit for Graphic Design Signs in Union Alley (Union Art Alley Extension)
Downtown Lighting Project Bid Award and Agreement – Resolution 2024‐082
Policy and Fee Schedule Amendment for Overnight Bus Parking in Downtown Parking
District – Resolution 2024‐083 (Fee Schedule Amendment at future meeting)
Stillwater Riverfront Park Project – Grant Agreement
TH 95 Entrance Monument License Agreement for Mural in City Right-of-way
Tower Painting Radio Path Study and Relocation - Contract Agreement
Well House #5 – Olive St. Generator Garage Additions
Wine & Strong Beer Liquor License for DJ’s Clam Shack - Resolution 2024‐084
Liquor License Premise Extension for River Siren Brewery Our Heroes Tour Concert –
Resolution 2024‐085
Therapeutic Massage Business License and Massage Therapist License – Resolution
2024‐086
Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt the Consent
Agenda. All in favor.
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Proposed Flood Plan for Lumberjack Days
City Attorney Kohlmann stated that due to flood conditions, the Lumberjack Days
Celebration layout has been revised to move all the events to the parking lots and the stage
to South Lowell, just north of the flag pole. Addi tionally, they would like to reserve lot #3 for
City Council Meeting July 2, 2024
Page 4 of 6
the beer tent. The Downtown Parking Commission recommended not charging additional
fees for this lot.
Councilmember Polehna suggested allowing part of Chestnut Plaza to be used for the event
if needed, at staff’s discretion, and Mr. Kohlmann stated the Plaza will be generally open for
utilization.
Motion by Councilmember Odebrecht, seconded by Councilmember Polehna to approve the
proposed Revised Event Layout and grant permission to use Chestnut Plaza as a backup space
if needed. All in favor.
Appeal to variance denial of a request to exceed the required structural impervious surface and
facilitate construction of a pool located at 3085 Lowell Ct (Case No. CD2024-20)
Community Development Director Gladhill informed the Council that on May 22, 2024, the
Planning Commission heard and denied the application for a Variance request to exceed
structural impervious surface and facilitate the construction of a pool. The Planning
Commission found:
1. There are no unique physical conditions that necessitate having a pool.
2. Requesting a pool larger than allowed by City Code is not a practical difficulty.
The applicant, Ground FX Lawn and Landscaping (the contractor), has appealed this
decision to the City Council and is seeking approval of a Variance to permit the construction
of a pool, increasing the total structural impervious to 49.6% coverage. The property
owners are proposing to mitigate the lot coverage with stormwater management
techniques. Staff recommends upholding the denial.
Mayor Kozlowski stated it appears the City allowed the development to exceed impervious
surface requirements; and Mr. Gladhill stated the homes are usually around 25% coverage,
not including decks and other surfaces.
Councilmember Collins noted when he was on the Planning Commission, the developer built
the houses to the max coverage.
Councilmember Junker asked about feedback from the Carnelian Watershed Management
Organization; and Mr. Gladhill answered this regulation comes from the DNR. Another layer
is the Watershed Management Organization which needs to review the request as well and
give final approval.
Councilmember Junker commented that this backyard butts up to another backyard rather
than vacant land which could intensify any additional runoff impacts for the neighbors.
Public Works Director Sanders stated the Brown’s Creek Watershed District has an
agreement to handle permitting in this area. Densities were an issue when designing the
development and the storm sewer was designed for a certain amount of impervious surface
coverage. Adding impervious surface starts creating flood issues. He cautioned that water
quality treatment is one way to mitigate that, but he is not sure that the soils there are the
best for mitigation.
Mayor Kozlowski stated he would like to allow the pool but the City must also protect the
neighbors from impacts. He would like to have a discussion between the watershed and City
staff to figure something out.
City Council Meeting July 2, 2024
Page 5 of 6
Motion by Councilmember Junker, seconded by Councilmember Polehna, to uphold the denial
of the Variance request to exceed the required structural impervious surface and facilitate
construction of a pool located at 3085 Lowell Ct (Case No. CD2024-20). Motion passed 4-1 with
Councilmember Odebrecht voting nay.
COUNCIL REQUEST ITEMS
LMC Update
Councilmember Odebrecht recapped the League of Minnesota Cities conference.
ADJOURNMENT TO CLOSED SESSION
Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn to Closed
Session. All in favor. The Council adjourned to Closed Session at 7:53 p.m.
CLOSED SESSION
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator Kohlmann, City Attorney Land
The Council conducted a Closed Session Pursuant to Minn. Stat. 13D.05 Subd. 3(a) for
purposes of conducting the City Administrator’s performance evaluation.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to reopen the
meeting. All in favor.
ADJOURNMENT
Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor.
The meeting was adjourned at 8:32 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2024‐080, Resolution Approving a Referendum Question on the
November 5, 2024 Ballot to Impose a Local Option Sales Tax for the Betterment
of the Riverfront Improvement Project
Resolution 2024‐081, Appointing Election Judges for the August 13, 2024 Statewide
Primary
Resolution 2024‐082, Accepting Bid and Awarding Contract for the Downtown
Lighting Improvement Project (2022-07)
Resolution 2024‐083, Resolution Approving Policy for Overnight Parking of Buses in
the Downtown Parking District
City Council Meeting July 2, 2024
Page 6 of 6
Resolution 2024‐084, Approving Issuance of New Wine with Strong Beer Liquor
License to DJ’sClamsMN, LLC, DBA DJ’s Clam Shack
Resolution 2024‐085, Resolution Approving Liquor License Amendment for
Temporary Outdoor Premise Extension at 225 Main Street North
Resolution 2024‐086, Approving Issuance of Therapeutic Massage Business License
and Individual Massage Therapist License for 2024
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Sarah Erenberg, Senior Account Clerk
SUBJECT: Payment of bills
A list of bills in the amount of $685,325.18 has been sent to the Mayor and City Council
Members to approve for payment.
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Reabar Abdullah, Assistant City Engineer
SUBJECT: Greeley Street Permanent Easement Acquisition
BACKGROUND
In connection with the 2024 Street Improvement Project (2024-02), Staff has identified
permanent easements needed from 8 Properties along Greeley Street, because the
sidewalk along their properties is outside of the existing City Right Of Way, the
properties are:
710 Greeley St. S., 716 Greeley St. S., 806 Greeley St. S., 824 Greeley St. S.,
828 Greeley St. S., 906 Greeley St. S., 1005 Willard St. W ., 1006 Abbott Street
West
Staff hired an appraiser to fairly value the cost of these easements. Staff then
negotiated with property owners and an agreement was reached with each individual
property owner for compensation for the area that will be included in the permanent
easement. At this time, the property owner (828 Greeley St. S.) who has signed the
easement agreement. The compensation for:
828 Greeley St. S. is $2,550.00. Total area of easement 1,158 square feet
Staff will present other easements for Council approval when they are signed by
property owners. The easements are depicted in Exhibits A, and B with the proposed
resolution. The resolution authorizes the acquisition of the easements. The acquisition
will be funded through the 2024 Street Improvement Project.
RECOMMENDATION
Staff recommends the City accept the permanent easements.
ACTION REQUESTED
If Council concurs with recommendation, they should pass a motion authorizing the
Mayor and Clerk to enter in contract, upon City Attorney review and adopt Resolution
2024____ AUTHORIZING PERMANENT EASEMENTS ACQUISITION FOR THE 2024
STREET IMPROVEMENT PROJECT.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-xxx
AUTHORISING PERMANENT EASEMENT ACQUISITION FOR
2024 STREET IMPROVEMENT PROJECT (2024-02)
WHEREAS, it is necessary to acquire certain permanent easements to construct sidewalks
for the 2024 Street Improvement Project along Greeley Street South; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient,
and in the interest of the general welfare that the City acquire for the Project, those easements
described in Exhibit A attached hereto (“Easements”); and
WHEREAS, the City Council finds that possession of the Permanent Easements is required;
and
WHEREAS, the City has negotiated with the Landowners the damages caused by the City’s
acquisitions of the Easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to
enter into a contract with the landowner of 828 Greeley St. S., Stillwater, Minnesota in the
name of the City of Stillwater for the Acquisition of permanent easements for the 2024 Street
Improvement Project
Adopted by the City Council this 16th day of July 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
Attest:
Jenna Schmid, Deputy City Clerk
PERMANENT SIDEWALK EASEMENT
THIS PERMANENT SIDEWALK EASEMENT ("Easement") is made, granted and
conveyed this ___ day of ____ , 2024, by and between Kathleen M. Warren and Gary G .
Warren Trustees of the Kathleen M. Warren Living Trust Dated April 23, 2018, ("Landowner"),
and the City of Stillwater, a Minnesota municipal corporation ("City").
WHEREAS, Landowner owns real property situated within Washington County,
Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated
herein by reference.
WHEREAS, the City's sidewalk is currently located on Landowner's Property and
requires a Sidewalk Easement from Landowner.
NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars
($1 .00) and other good and valuable consideration, the receipt whereof is hereby acknowledged,
does hereby grant and convey to the City, its successors and assigns, forever the following:
PERMANENT EASEMENT DESCRIPTION
A permanent easement for sidewalk and right of way purposes and all such purposes
ancillary, incident or related thereto, which may include but is not limited to sidewalks,
retaining walls, streetlights, hydrants, rights-of-way, curb, gutter or other related
improvements, for construction, maintenance, improvement, repair and replacement, and
restoration purposes and all such purposes ancillary thereto ("Permanent Easement"),
under, over, across, through and upon that real property legally desc1ibed on Exhibit Band
depicted on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein
by reference.
EXEMPT FROM STATE DEED TAX
The rights of the City also include the right of the City, its contractors, agents and servants:
(a) To enter upon the Permanent Easement Area at all reasonable times for the purposes
of construction, reconstruction, inspection, repair, replacement, grading, sloping, and
restoration relating to the purposes of the Permanent Easement; and
(b) To maintain the Permanent Easement Area, together with the right to excavate and
refill ditches or trenches for the location of such sidewalks, retaining walls,
streetlights, hydrants, rights-of-way, curb, gutter or other related improvements; and
(c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate,
undergrowth and other obstructions interfering with the location, construction and
maintenance of the sidewalks, retaining walls, streetlights, hydrants, rights-of-way,
curb, gutter or other related improvements and to deposit earthen material in and upon
the Permanent Easement Area; and
(d) To remove or otherwise dispose of all earth or other material excavated from the
Permanent Easement Area as the City may deem appropriate.
The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties,
attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a
release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants
which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's
Property prior to the date hereof.
The City and its successors shall hold harmless and indemnify Landowner, its agents, and its
employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments
and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with
the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors,
successors and assigns, and/or third parties.
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors
or assigns, shall be subject to any governmental immunity defenses of the City and the maximum
liability limits provided by Minnesota Statutes, Chapter 466.
The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with
the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described
on Exhibit A, the Permanent Easement Area legally described on Exhibit Band depicted on Exhibit
C and has good right to grant and convey the Permanent Easement herein to the City.
This Easement is bindin g upon the heirs, successors, executors, administrators and assigns of the
parties hereto .
This Easement may be executed in any number of counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same instrument.
[Remainder of this page has been intentionally left blank]
2
IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed
as of the day and y ear first above written.
CITY:
CITY OF STILLWATER
By: ------------
Ted Kozlowski
Mayor
By : ______________ _
Beth Wolf
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHING TON )
On this __ day of _______ , 2024, before me a Notary Public within and for
said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk
of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument,
and that it was signed on behalf of said municipal corporation by authority of its City Council and
said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
3
LANDOWNER:
By: h4-YJ Qe, I YK lt.ruN=
Kathleen M. Warren as Trustee of the Kathleen M. Warren Living Trust Dated April 23,
2018
arren as Trustee of the Kathleen M. Warren Living Trust Dated April 23, 2018
STATE OF MINNESOTA
COUNTY OF l...,,a,5"';"5 b, (I
)
)ss.
)
On this ll day of J "rte , 2024, before me, a Notary Public, personally appeared
Kathleen M. Warren and Gary G. Warren Trustees of the Kathleen M. Warren Living Trust Dated
April 23, 2018, to me personally known.
JULIO CASTILLO
Notary Public
Mlnnesot•
My Commission Expires
J•n 31, 2029
This instrument was drafted by
and after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
651-451-1831
4
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in Washington County, Minnesota, legally described as follows:
The South Twelve and one-half (12 1/2) feet of Lot Three (3), all of Lots Four ( 4)
and Five (5), and the North Thirty (30) feet of Lot Six (6), EXCEPTING therefrom
the South Forty-one and one-fourth (S 41 1/4) feet of Lot Five (5) and the North
Thirty (N30) feet of Lot Six (6), all in Block Twenty (20), of HOLCOMBE'S
SECOND ADDITION OF STILLWATER, "AS AMENDED BY MYRON
SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER DATED
MAY 21, 1878",
according to the plat thereof on file and of record in the office of the Registrar of
Titles, Washington County, Minnesota.
PID: 33.030.20.22.0009
Torrens Property-Certificate No. 76329
A-1
EXHIBITB
LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA
A permanent sidewalk easement over, under, and across the easterly 16.25 feet of the following
property:
The South Twelve and one-half (12 1/2) feet of Lot Three (3), all of Lots Four (4)
and Five (5), and the North Thirty (30) feet of Lot Six (6), EXCEPTING therefrom
the South Forty-one and one-fourth (S 41 1/4) feet of Lot Five (5) and the North
Thirty (N30) feet of Lot Six (6), all in Block Twenty (20), of HOLCOMBE'S
SECOND ADDITION OF STILLWATER, "AS AMENDED BY MYRON
SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER DATED
MAY 21, 1878",
according to the plat thereof on file and of record in the office of the Registrar of
Titles, Washington County, Minnesota.
Area = 1,158 square feet
B-1
EXHIBITC
DEPICTION OF PERMANENT EASEMENT AREA
A permanent road easement over, under, and across the easterly 16.25 feet of the following property:
The South Twelve and one-half (12 1/2) feet of Lot Three (3), all of LotsFour (4) and Five (5), and the North
Thirty (30) feet of Lot Six (6),
EXCEPTING therefrom the South Forty-one and one-fourth (S 411/4) feet of Lot Five (5) and the North Thirty
(N30) feet of Lot Six (6),
all in Block Twenty (20), of
HOLCOMBE'S SECOND ADDITION OF STILLWATER,
"AS AMENDED BY MYRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER DATED MAY
21 , 1878",
according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County,
Minnesota.
AREA= 1,158 SQFT
N
0 50 100 ORIENTATION OF THIS BEARING SYSTEM IS + BASED ON THE WASHINGTON COUNTY
scale 25 feet COORDINATE SYSTEM, NAD83 (2011 ADJ)
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EASEMENT EXHIBIT FOR: PIO 3303020220009 , ADDRESS 828
STILLWATER, I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT Jt.. -SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OF . MINNESOTA THE STATE OF MINNESOTA, . ;f _ SEH SEHPrO!eci sfltmam , '
·; r , .,.j -\ Drawn By TSB ,l ;( ~ -:
DeslQned By TSB THEODORE S BROWN •'
Chec~ed By CLIENT DATE 1/5/2024 LICENSE NO . 5lm
;
C-1
MORTGAGEE'S CONSENT TO
EASEMENT
FIRST ST A TE BANK AND TRUST, organized and existing under the laws of the United
States of America, ("Mortgagee"), is the mortgagee of the following mortgage(s) and/or
interest(s ):
l. Mortgage executed by Gary G. Warren and Kathleen M. Warren, husband and wife, as
mortgagors, to FIRST STA TE BANK AND TRUST, as mortgagee, and recorded on March
8, 2011 as Document No. 1205238 in the Registrar of Titles' Office for Washington
County, Minnesota; which is recorded against the following real property:
The South Twelve and one-half (12 1/2) feet of Lot Three (3), all of Lots
Four (4) and Five (5), and the North Thirty (30) feet of Lot Six (6),
EXCEPTING therefrom the South Forty-one and one-fourth (S 41 1/4) feet
of Lot Five (5) and the North Thi1iy (N30) feet of Lot Six (6), all in Block
Twenty (20), of HOLCOMBE'S SECOND ADDITION OF
STILLWATER,
"AS AMENDED BY MYRON SHEPARD'S PERFECTED PLAT OF THE
CITY OF STILLWATER DATED MAY 21, 1878",
according to the plat thereof on file and of record in the office of the
Registrar of Titles, Washington County, Minnesota.
PID No.: 33.030.20.22.0009
Tonens Prope1iy
For valuable consideration, the receipt and adequacy of which are hereby acknowledged,
Mortgagee hereby CONSENTS to the easement to which this Consent is attached ("Easement")
and agrees that its liens, rights and remedies under the above-described documents shall be
SUBORDINATED AND SUBJECT IN ALL WAYS to the provisions of said Easement.
STATE Minnesota
COUNTY OF Washington
MORTGAGEE:
)
)ss .
)
. Olson
On this 12t11l.ay of April 2024, before me, a Notary Public, personally appeared
Daniel R. Olson to me personally known, who, after being first duly sworn, did state that
he/she is the Mortgage Ops Officer-Lende~f * , organized and existing under the
laws of the United States of America, and that he/she signed the same on behalf of said company .
* First State Bank and Trust
2
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Cody DeNucci, Assistant Public Works Superintendent
SUBJECT: Special Service District Sidewalk Pressure Washing
BACKGROUND
The Special Service District Committee has asked staff to receive quotes for the pressure
washing of our downtown sidewalks. Throughout the year the sidewalks become very dirty
from the high volume of use from the public. Pressure washing the sidewalks with a flat
surface scrubber and pressure washers will make the sidewalks clean and more appealing to
the public. Staff has reached out for 5 quotes, with the only interested company, Clean and
Clear, coming in at $15,305.00. This project will be paid out of the Special Service District
Fund.
RECOMMENDATION
It is recommended that Council approve the contract with Clean and Clear to perform the
washing of the Special Service District Sidewalks.
ACTION REQUIRED
If council agrees with the recommendation, they should pass a motion APPROVING THE
CONTRACT WITH CLEAN AND CLEAR TO PERFORM THE WASHING OF THE SPECIAL
SERVICE DISTRICT SIDEWALKS.
1
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this 16th day of July, 2024, by and
between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Clean
and Clear, 622 Mendelssohn Ave N, Golden Valley, MN 55427 (“Consultant”).
WHEREAS, the City has accepted the proposal of the Consultant for certain professional
Services; and
WHEREAS, Services under this agreement, are generally described as: Pressure Washing
Special Service District Sidewalks
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 4/4/24, incorporated herein as Exhibit A;
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.
3. TERM. This Agreement expires on 7/16/2025. 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.
(Stillwater ~~ -' The Birthplace of Minnesota .)
2
a. Termination by Either Party. This Agreement may be terminated by either party
upon 30 days’ written notice delivered to the other party to the addresses listed in
Section 13 of this Agreement. Upon termination under this provision, if there is no
default by the 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.
8. CITY’S REPRESENTATIVE. The City has designated Cody DeNucci, 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 Keegan
Couillard, 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 the designated staff without the approval of the City.
10. INDEMNIFICATION.
3
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.
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: Cody DeNucci
Or e-mailed: cdenucci@stillwatermn.gov
If to Consultant: Clean and Clear
622 Mendelssohn Ave N
Golden Valley, MN 55427
Attention: Keegan Couillard
Or e-mailed: commercial@cleanandclearmn.com
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its
officers, agents and employees pursuant to this Agreement shall be provided as
4
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.
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:
5
Clean and Clear
By:
Its:
Date:
Project Description: Pressure Washing Special Service District Sidewalks
ilfwater
----"iii-,tl'ub&Worb )
The City of Stillwater is requesting bi s for the cleaning of our sidewalks in our downtown Special Service Dis trict
(map and distances included in packet). This leaning should consist of scrubbing with pressured water. A suggested
tool that could be used is a rotary surface cle ner (details included in packet). Any use of a clea ing agent will need to
be environmentally friendly and app r oved by the EPA and MPCA. The cleaning of these sidewalks would need to be
started as soon as possible . An explanation service to be performed will need to be included with this bid proposa l.
Please fill out the information below:
Pressure Scrubb ing and Cleaning of all sidew lks in the City of Stillwater's Special Service District:
Price : ___ \_5~, 5_0----"'5 -~-0 ---
Contractors anticipated start date :
Notes
IC 134 must be submitted prior to final paym nt
Bids due to the City of Stillwater 4/5/2024 b 12:00 PM
All bids must be submitted on the City 's pro sal form and be a complete proposal.
Bids may be submitted by ma il, email, or in rson to City Hall at above address Attn : Cody DeNucci
Questions contact Cody DeNucci at 651-275 -101 or cdenucc i@ci.s tillwater.mn.us
The City reserves the right to add or subtrac quantities .
Please provide any additional comments, m ifications, or suggestions to the proposal prior to quote due date .
Bids should be labeled Special Service Distri t Sidewalk Washing Bid Proposal
Company Name : {_/eo.fl ~"" {,/ear
Address : fa7l MeoJe \sso~n ~II(//
6 olJi11 v~11e, I MAI I ss 'f).?
Phone#:~/-~ -_:l_5_lf _-7_4_J._;l._
ESTIMATE
Services amount
Special Service District Sidewalk Washing Bid Proposal $0.00
City of Stillwater
Sidewalks 1-91 in the Special Service District $14,123.00
Using a surface cleaning to lift up dirt, debris, gum and other contaminants from the sidewalks before
pressure washing.
All areas of any buildings or structures that are dirtied during our process would be rinsed thoroughly.
No use of any cleaning agents will be used in our process.
Services subtotal: $14,123.00
Clean and Clear
622 Mendelssohn Ave N
Golden Valley, MN 55427
City of Stillwater
216 4th St N. Stillwater, MN 55082
(651) 275-4101
CONTACT US
(612) 254-8777
info@cleanandclearmn.com
ESTIMATE #99897
ESTIMATE DATE Apr 4, 2024
TOTAL $15,305.80
Subtotal $14,123.00
Tax (8.375 - Tax
8.375%)$1,182.80
Total $15,305.80
Clean and Clear https://cleanandclearmn.com 1 of 1
clean -~clear .
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Cody DeNucci, Assistant Public Works Superintendent
SUBJECT: Approving Painting of Traffic Signal Systems on Main Street
BACKGROUND
The traffic signals on Main Street are becoming very faded and an eyesore for the public. Staff
has decided that the best solution to this issue is to paint the existing traffic signal poles and
arms. The poles will be painted black to match the new Chestnut Plaza traffic signals. Staff
received two quotes, with Pole Painting Plus being the lowest at $18,000.00. There are funds
available in our lighting fund for this project.
RECOMMENDATION
It is recommended that Council approve the contract with Pole Painting Plus to paint the traffic
signal systems on Main Street.
ACTION REQUIRED
If council agrees with the recommendation, they should pass a motion APPROVING THE
CONTRACT WITH POLE PAINTING PLUS TO PAINT THE TRAFFIC SIGNAL SYSTEMS
ON MAIN STREET.
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AGREEMENT FOR SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this 16th day of July, 2024, by and between the
City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Pole Painting Plus, 8020
Grunwald Ave NW., Maple Lake, MN 55358 (“Contractor”).
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth
in this Agreement.
WHEREAS, Services under this agreement, are generally described as; Main Street Traffic Signal Pole
Painting
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as
follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of performing
certain Services (“Services”), as defined in the following documents:
i. A proposal dated 5/30/24, incorporated herein as Exhibit A;
b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely
fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to
the Services to be performed under this Agreement, including all safety standards. The
Contractor shall be solely and completely responsible for conditions of the job site, including
the safety of all persons and property during the performance of the Services. The Contractor
represents and warrants that it has the requisite training, skills, and experience necessary to
provide the Services and is appropriately licensed and has obtained all permits from all
applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth
in the Exhibits.
b. Any changes in the scope of the work of the Services that may result in an increase to the
compensation due the Contractor shall require prior written approval by the authorized
representative of the City or by the City Council. The City will not pay additional compensation
for Services that do not have prior written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills
submitted shall be paid in the same manner as other claims made to City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills,
subcontractors and other indebtedness connected with the Services have been paid as required
by the City.
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3. TERM. The term of this Agreement expires 7/16/2025. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and upon the
same terms and conditions as herein stated.
4. TERMINATION AND REMEDIES.
a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’
written notice delivered to the other party to the addresses listed in Section 13 of this Agreement.
Upon termination under this provision, if there is no default by the Contractor, Contractor shall
be paid for Services rendered and reimbursable expenses through the effective date of
termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written
notice in the event of substantial failure by the other party to perform in accordance with the terms
of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date
of the termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City as a result of any breach of this Agreement by the Contractor.
The City may, in such event,
i. Withhold payments due to the Contractor for the purpose of set-off until such time as
the exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written
billing by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the
Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate
originals of all documents or memoranda prepared for the City not previously furnished.
5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided
for in this Agreement without the express written consent of the City, unless specifically provided for
in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed
services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same
locality at the time the Services are provided.
7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of the
nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to,
abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances;
strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability
to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies,
materials, accesses, or services required to be provided by either City or Contractor under this Agreement.
If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented
from performing, give written notice to the other party describing the circumstances preventing continued
performance and the efforts being made to resume performance of this Agreement. Contractor will be
entitled to payment for its reasonable additional charges, if any, due to the delay.
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8. CITY’S REPRESENTATIVE. The City has designated Cody DeNucci to act as the City’s
representative with respect to be performed under this Agreement. He or she shall have complete
authority to transmit instructions, receive information, interpret, and define the City’s policy and
decisions with respect to the Services covered by this Agreement.
9. PROJECT MANAGER AND STAFFING. The Contractor has designated Peter Zielsdorf to be the
primary contacts for the City in the performance of the Services. They shall be assisted by other staff
members as necessary to facilitate the completion of the Services in accordance with the terms
established herein. Contractor may not remove or replace these designated staff without the approval
of the City.
10. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the
extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or
omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent
negligence of Contractor and City, they shall be borne by each party in proportion to its own
negligence.
b. Contractor shall indemnify City against legal liability for damages arising out of claims by
Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor
against legal liability for damages arising out of claims by City’s employees or subcontractors.
11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain
the following insurance:
a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims
arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be
amended;
b. Workers’ Compensation Insurance in accordance with statutory requirements.
c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and
$1,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a provision that such
insurance shall not be canceled without written notice to the City. The City shall be named as an
additional insured on the Commercial General Liability Insurance policy.
12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment
covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that
all work will be free from defects and that all materials will be new and of first quality. If within one
(1) year after final payment any work or material is found to be defective, Contractor shall promptly,
without cost to the City, correct such defect.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: If to Contractor:
City of Stillwater Pole Painting Plus
216 4th Street North 8020 Grunwald Ave NW
Stillwater, MN 55082 Maple Lake, MN 55358
Attention: Wade Wellner Attention: Peter Zielsdorf
Or e-mailed: wwellner@stillwatermn.gov Or emailed: peter@polepaintingplus.com
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14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents
and employees pursuant to this Agreement shall be provided as employees of Contractor or as
independent contractors of Contractor and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the
parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing.
Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under
this Agreement, Contractor shall not discriminate against any person by reason of any
characteristic protected by state or federal law.
d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a written
agreement signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be
subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes
all prior communications, understandings and agreements relating to the subject matter hereof,
whether oral or written.
CITY OF STILLWATER By:____________________________________
Ted Kozlowski, Mayor
By:____________________________________
Beth Wolf, City Clerk
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CONTRACTOR Pole Painting Plus
By:______ _____________ __________
By (Please Print):_____________________________
Title (Please Print):____________________________
Project Description: Main Street Traffic Signal Pole Painting
Estimate
Date 5/30/2024
Estimate #1460
Name / Address
City of Stillwater M.N.
Cody DeNucci
P.O. #
Total
8020 Grunwald Ave NW
Maple Lake, MN 55358
peter@polepaintingplus.com
612-229-4025
Description QtyItem Total
Refinishing of (2) traffic signal systems at Myrtyl St./ Main St. and
Nelson St. / Main St.
All rust, loose, and flaking paint will be ground down, primed in an
industrial primer and entire signal system will be topcoated in a gloss
black industrial urethane.
09 Aerial Painting 18,000.00
$18,000.00
DATE: July 3rd, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Brian Mueller, Chief of Police
SUBJECT: MOU/Contract between SPD and Public Safety Cadets
BACKGROUND
The Police Department recently held our First Annual youth Academy, graduating 8
local youth through the 4-day program. Due to the positive response, it appears there
might be enough interest to conduct a larger scale community engagement effort with
our local youth. We are planning to develop a Stillwater Police Department Public
Safety Cadet Program this fall. This would include partnering with the Public Safety
Cadets non-profit as a parent organization to assist with management of this program.
RECOMMENDATION
Staff recommends approval of MOU between Public Safety Cadets and the Stillwater
Police Department regarding a program to educate and mentor youth and authorize
Chief Mueller to sign the MOU
ACTION REQUESTED
If Council concurs with recommendation, they should pass a motion adopting
RESOLUTION APPROVING MOU BETWEEN STILLWATER POLICE DEPARTMENT
AND PUBLIC SAFETY CADETS
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PSC Form-001 v4 Oct2021
MEMORANDUM OF UNDERSTANDING
BETWEEN
PUBLIC SAFETY CADETS
AND THE
STILLWATER, MINNESOTA POLICE DEPARTMENT
REGARDING
A PROGRAM TO EDUCATE AND MENTOR YOUTH
1. PARTIES. The following Parties hereby enter into this Memorandum of
Understanding (MOU): Public Safety Cadets (PSC), a Commonwealth of Virginia
Nonstock, Nonprofit, Corporation and the following named agency/organization:
Stillwater, Minnesota Police Department
_____________________________________________________________________
2. BACKGROUND. PSC was established as a nonprofit corporation on September
11, 2018 to mentor young adults in order to help them become contributing members of
the community by providing knowledge, skills and practical experiences through
education and training delivered in the workplace by public safety professionals that build
character, physical fitness, and respect for the rule of law and human and civil rights.
3. PURPOSE. The purpose of this MOU is to document the conditions for
participating in the program and events operated and maintained by Public Safety Cadets
in order to establish a mutually beneficial relationship by the Parties to foster a greater
understanding between youth and the public safety organizations within their community
through the use of PSC programs and resources.
4. RESPONSIBILITIES.
A. Public Safety Cadets: Is responsible for:
1. Providing outreach, support, service, structure, governance, guidance and
standard operating procedures to assist the participating
agency/organization succeed in their use of the PSC program.
2. Obtaining general liability and supplemental accident medical insurance to
cover all registered participants in their official and individual capacities
against personal liability judgements arising from official Public Safety
Cadet activities. Coverage details are available on the PSC website or by
request.
3. Providing education and training to adult Mentors and volunteers to
include Public Safety Cadets Youth Safety and Abuse Prevention Training.
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PSC Form-001 v4 Oct2021
4. Organizing national and regional PSC events, to include conferences,
competitions, leadership academies, career fairs and instructional seminars.
5. Providing a library of resources to help implement, manage and grow a PSC
unit successfully.
6. Seeking and promoting scholarship opportunities for PSC youth participants.
7. Establishing proficiency and special awards for recognition of achievement.
8. Seeking academic credits for community service by PSC participants.
9. Promoting the establishment of a recruiting pipeline and pathways for
employment with public safety organizations.
10. Promoting the PSC organization and its goals nationally.
B. Participating Agency/Organization: Is responsible for:
1. Designating an adult member of the agency/organization to act as the lead
Mentor who will work directly with a registered unit. Each unit will be led by
a designated adult Mentor. Other adult mentors may be designated or
participate as volunteers with registered units as determined by the
participating agency/organization.
2. Conducting screening to assure that only adults found suitable for mentoring
young adults are allowed to participate in the PSC program. Screening will
include criminal history; motor vehicle operation certification and credit
worthiness as may be applicable to the position within the PSC unit.
3. Assuring that each adult and youth participant is properly registered with the
PSC organization.
4. Ensuring that a minimum of two adult Mentors are present during all meetings,
training sessions, events and activities with Cadets to provide a "Two-Deep"
supervisory environment at all times.
5. Assuring all adults participating in the PSC program complete the required
Public Safety Cadets Youth Safety and Abuse Prevention Training within the
specified time period.
6. Providing facilities adequate for program participants to assemble, hold
meetings and associated training on a regular basis with time and place
reserved.
7. Abiding by the PSC Standard Operating Procedures (SOP) as posted on the
PSC website. The SOP may be updated from time to time, with notice to
Participating Agency/Organization at the Point of Contact identified in
Addendum A hereto, to provide timely and pertinent program guidance. The
participating agency/organization may add more stringent requirements to
unit SOPs, but may not dilute them as to impair the intent therein.
8. Participating in periodic self-assessments and program reviews with Public
Safety Cadets to assure that mutual goals and expectations are being met.
9. Sharing, as practicable, information, metrics and associated data on PSC
program participants that achieve employment in public safety professions.
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PSC Form-001 v4 Oct2021
5. POINTS OF CONTACT. All Parties will designate a Point of Contact (POC)
who will be familiar with the provisions of this MOU and will be available during
customary business hours or as practicable. The head of the agency/organization, or their
authorized designee, will designate a Lead Mentor for each registered unit. The POC may
also be the same as the Lead Mentor. Contact information for the POC and designated
Lead Mentor and any additional designated Mentors are set forth in Addendum A.
6. LIMITATIONS OF LIABILITY. PSC shall not be liable for participating
agency/organization’s acts or omissions, including participating agency/organization’s
failure to abide by the responsibilities in this MOU. The Participating Agency/Organization
shall not be liable for PSC’s acts or omissions, including PSC’s failure to abide by the
responsibilities in this MOU. Except as otherwise provided herein, if both PSC and the
Participating Agency/Organization are liable for any claims, damages or attorney fees
arising from any negligent or illegal acts or omissions taken in connection to this MOU,
then PSC and Participating Agency/Organization shall be liable for the portion of the claims,
damages and attorney fees that arise from the negligent or illegal acts of that party as
determined by the court adjudicating the matter or as agreed in any settlement. Nothing in
this MOU waives or alters the Participating Agency/Organization’s entitlement to
governmental immunity pursuant to applicable law.
7. INTELLECTUAL PROPERTY. Either Party may use the other Party’s name,
logo, materials, and other data or materials as may be provided in connection with this
MOU, pursuant to PSC’s Standard Operating Procedures and/or other direction given by
the disclosing Party.
8. NO OBLIGATION OF FUNDS. This MOU is not an obligation or commitment
of funds, nor a basis for transfer of funds. Unless otherwise agreed in writing, each Party
shall bear its own costs in relation to this MOU. Expenditures by each Party will be subject
to budgetary processes and availability of funds and resources pursuant to applicable laws,
regulations, and policies. Unit and Individual Registration Fees will be established and
communicated by PSC in the year preceding collection.
9. EQUIPMENT. The Parties will use their own equipment and personnel to
complete their portion of this MOU.
10. REPORTING REQUIREMENTS. The Parties agree to cooperate in meeting
any reporting requirements and will coordinate with each other before responding to any
such requirements.
11. SETTLEMENT OF DISPUTES. Disagreements between or among the Parties
arising under or related to this MOU will be resolved only by consultation between or
among the Parties.
12. OTHER PROVISIONS. This MOU is not intended to conflict with current laws
or regulations applicable to the Parties. If any term of this MOU is inconsistent with such
authority, then the term shall be invalid, but the remaining terms and conditions of this
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PSC Form-001 v4 Oct2021
MOU shall remain in full force and effect.
13. CHANGE IN MANAGEMENT. Should the head of agency/organization change,
this MOU may be terminated early, or reissued bearing the name and signature of the new
agency/organization head, or their authorized designee, as soon as practicable. The terms
of this MOU will remain in effect until the reissued MOU is completed and the
participating agency/organization remains registered in good standing.
14. EFFECTIVE DATE. The terms of this MOU will become effective on the date
on which it is signed by all Parties. The MOU may be signed in counterparts.
15. PERIODIC REVIEW. The POCs designated by the Parties pursuant to this
MOU may meet periodically or at the request of any Party to discuss and review the
implementation of this MOU. Failure of the Parties to conduct periodic reviews will not
result in the termination of activities provided for under this MOU.
16. AMENDMENT. This MOU may be amended at any time by the mutual written
consent of the Parties. Modification within the scope of this MOU shall be made by the
issuance of a fully executed addendum prior to any changes in responsibilities being
performed. Addendum A may be modified by the written consent of the Parties.
17. TERMINATION. The terms of this MOU, as it may be amended, will remain in
effect while the participating agency/organization remains registered annually in good
standing with Public Safety Cadets. Either Party may terminate this MOU immediately
upon written notice for a breach by the other Party that remains uncured after reasonable
notice. Either organization may terminate its participation in this MOU upon at least 30
days prior written notice. In the event of termination, each Party will continue with full
participation up to the effective date of termination.
18. NO PRIVATE RIGHTS. This MOU is not intended, and should not be
construed, to create any right or benefit, substantive or procedural, enforceable at law or
otherwise by any third party against the Parties, their parent or component agencies, or
the officers, employees, agents or other associated personnel thereof.
The foregoing represents the understanding reached by the Parties.
[Signature Page To Follow]
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PSC Form-001 v4 Oct2021
APPROVED BY:
________________________________________ ____________
Signature of agency/organization head or designee Date
Brian Mueller / Chief of Police
__________________________________________
Printed Name/Title of agency/organization head or designee
Public Safety Cadets by:
in his capacity as President
__________________________of Public Safety Cadets_ ____________
Signature on behalf of Public Safety Cadets Date
David Constantineau / President
_________________________________________________
Printed Name/Title of Public Safety Cadets Representative
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PSC Form-001 v4 Oct2021
ADDENDUM A
POINTS OF CONTACT
A. David Constantineau will serve as the primary POC for Public Safety Cadets. He
may be contacted at: info@PublicSafetyCadets.org or by calling the national
office at: 703-717-8168.
B. has been designated as the primary
POC for the above-named agency/organization and may be contacted at: (please
provide Title, Email, and telephone contact information here)
.
C. has been designated as a Lead
Mentor of a registered unit for the above-named agency/organization and may be
contacted at: (please provide Title, Email and telephone contact information here)
.
D. Additional designated agency/organization Mentors (if any) are identified below:
Name, Title, Email and telephone contact
Name, Title, Email and telephone contact
Name, Title, Email and telephone contact
Name, Title, Email and telephone contact
(Add additional pages as necessary)
DATE: July 16, 2024
TO: Honorable Mayor and City Council
FROM: Shawn Sanders, Director of Public Works
RE: Proposed stop signs on County Road 12 at Brick Street
DISCUSSION
This past year, the residents at 114 South Brick Street approached the City and Washington
County (County) about their concerns of safely crossing County Road 12 at Brick Street. This
road is a collector road and well-travelled. Washington County Public Works took the lead and
explored many crossing options. In the end, they felt the best option for a safe crossing would to
be install stop signs on County Road 12/Myrtle Street at Brick Street. This would make the
intersection an all way stop. Staff supported this option as well.
RECOMMENDATION
Staff recommends that Council pass a resolution Relating to Intersection Control on County State
Aid Highway (CSAH) No. 12 (75th St. N / Myrtle) at its Intersection with Brick Street.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass Resolution No. 2024-_____
RELATING TO INTERSECTION CONTROL ON COUNTY STATE AID HIGH WAY (CSAH) NO.
12 (75TH ST. N / MYRTLE) AT ITS INTERSECTION WITH BRICK STREET
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-XXX
RELATING TO INTERSECTION CONTROL ON COUNTY STATE AID
HIGHWAY (CSAH) NO. 12 (75TH ST. N / MYRTLE) AT ITS INTERSECTION
WITH BRICK STREET
WHEREAS, County and City officials have cooperated regarding recent city-led
improvements to Brick Street between CSAH 5 (Olive Street) and CSAH 12 (Myrtle Street);
and
WHEREAS, County and City officials have been in communication with residents
regarding concerns about speed and pedestrian crossing opportunities along CSAH 12 in the
area of Brick Street; and
WHEREAS, County officials have conducted traffic counts and found that this location
does not meet established traffic control warrants for all-way stop or traffic signal installation;
and
WHEREAS, County officials have nevertheless determined that all-way stop control
at this intersection could be considered justified as the most effective and practical option to
improve pedestrian safety and address speed issues at this location; and
WHEREAS, Washington County has requested a City resolution concurring with the
proposed traffic control change; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA, That the City of Stillwater supports the conversion of CSAH 12
at Brick Street to all-way stop control.
BE IT FURTHER RESOLVED that the City of Stillwater requests that Washington
County install signage, at its own cost and expense, to establish the new all-way stop
condition including appropriate advance warning signage.
Adopted by the Stillwater City Council this 16th day of July, 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Jenna Schmid, Deputy City Clerk
DATE:
TO:
FROM:
RE: Approval of Engineering Services
Terra Springs Retaining Wall Evaluation
DISCUSSION
Recently, the City solicited Request for Proposals for Engineering Services for the
evaluation of the Terra Springs Retaining Wall. This project consists of inspecting the
significant wall system and producing a brief report with evaluation results. Upon review,
staff has selected the consulting firm of Bolton & Menk, Inc. for the structural engineering
services. The cost for the engineering services is not to exceed $16,350. This evaluation will
potentially lay the groundwork for an additional more detailed evaluation, and any
recommended future maintenance projects.
Funding for this will be paid out of the Permanent Improvement Capital Outlay.
RECOMMENDATION
Staff recommends that the City Council approve and award the proposal for engineering
services to Bolton & Menk, Inc. for the Terra Spring Retaining Wall Evaluation.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion authorizing the
Mayor and Clerk to enter into contract, upon City Attorney review to APPROVE AND
AWARD PROPOSAL FOR ENGINEERING SERVICES FOR THE TERRA SPRINGS
RETAINING WALL EVALUATION.
July 16, 2024
Honorable Mayor and City Council
Jesse Farrell, Deputy Director of Public Works/City Engineer
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this 16th day of July, 2024, by and
between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and
Bolton & Menk, 3507 High Point Dr. N, Bldg. #1 – Ste E130, Oakdale, MN 55128 (“Consultant”).
WHEREAS, the City has accepted the proposal of the Consultant for certain professional
Services; and
WHEREAS, Services under this agreement, are generally described as: Terra Springs Retaining
Wall Evaluation
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 6/19/2024, incorporated herein as Exhibit A;
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.
3. TERM. This Agreement expires on 7/16/2025. 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.
(Stillwater ~~ -' The Birthplace of Minnesota .)
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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.
8. CITY’S REPRESENTATIVE. The City has designated Jesse Farrell, 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 Eric Leagjeld, 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
the designated staff without the approval of the City.
10. INDEMNIFICATION.
3
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.
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: Jesse Farrell
Or e-mailed: jfarrell@stillwatermn.gov
If to Consultant: Bolton & Menk
3507 High Point Dr. N
Oakdale, MN 55128
Attention: Eric Leagjeld,
Or e-mailed: Eric.Leagjeld@bolton-menk.com
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its
officers, agents and employees pursuant to this Agreement shall be provided as
4
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.
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:
5
BOLTON & MENK
By:
Its:
Date:
Project Description: Terra Springs Retaining Wall Evaluation
3507 High Point Drive North
Bldg. 1 – Suite E130
Oakdale, MN 55128
Phone: (651) 704-9970
Bolton-Menk.com
June 19, 2024
Jesse Farrell, PE
City of Stillwater
Deputy Director of Public Works/ City Engineer
RE: Proposal for Terra Springs Retaining Wall Evaluation
Dear Mr. Farrell,
Thank you for providing Bolton & Menk this opportunity to assist you in evaluating the stone retaining
walls surrounding the residential condominium buildings at Terra Springs. It is our understanding that
the walls were originally constructed as part of the Stillwater prison in the period from 1850-1860. The
wall is estimated at 1800 lineal feet and contains up to three tiers of walls. Based on a brief site visit, it
appears some areas of the wall are covered with vegetation. Our scope of work and associated fees
were developed based on this information.
Project Management & Meetings $1,650
We propose to manage and attend two, two-hour long meetings to discuss the project goals, approach
and results of our field assessment.
Field Assessment of Retaining Wall $14,700
Based on our brief review of the site, we propose to perform the following services related to the
retaining wall evaluation:
• Perform a site visit to station, observe and document structural deficiencies on the retaining
wall. Stationing will be marked by lath in front of the wall. The wall appears to contain up to
three tiers along the northern side.
• Take photographs of overall retaining wall and local deficiencies observed.
• Prepare a brief summary report of retaining wall condition with general recommendations on
improvements.
Proposal Exclusions:
1. Coordination with property owner for site visit access.
2. Destructive and non-destructive pre-construction testing.
3. Development of opinion of probable construction cost for repairs and improvements.
4. Preparation of construction plans, details or technical specifications.
5. Construction phase services.
We propose to complete the scope of services listed above for $16,350. Additional services, if
requested, will be negotiated through a contract amendment. Please see the attached summary of
hours proposed by task.
Iii\ BOLTON
\W/&MENK
Real People. Real Solutions.
Bolton & Menk is an equal opportunity employer.
Name: Jesse Farrell, PE
Date: June 19, 2024
Page: 2
K:\Ericle\Proposals\Stillwater Terra Springs Retaining Wall Evaluation Proposal.docx
We are excited at the opportunity to assist you on this unique evaluation. Please contact me at
612.772.4272 or eric.leagjeld@bolton-menk.com if you have any questions regarding this proposal.
Sincerely,
Bolton & Menk, Inc.
Eric Leagjeld, PE
Principal Structural Engineer
Bolton & Menk is an equal opportunity employer.
Fee Proposal Worksheet
Client:Stillwater Public Works Date:06/19/24
Owner:City of Stillwater By:EL
Project:Terra Springs Retaining Wall Evaluation
Principal Str PM Str. Eng Str. EIT Eng Tech
No.Description $234.00 $181.00 $154.00 $147.00 $138.00 Total
1 Project Management 3 3
2 Kick-off Meeting 2 2
3 Evaluation Report Review Meeting 2 2
0
Total Estimated Hours 7 0 0 0 0 7
Total Estimated Fee $1,638 $0 $0 $0 $0 $1,638
Principal Str Eng Str. Eng Str. EIT Eng Tech
No.Description $234.00 $181.00 $154.00 $147.00 $138.00 Total
1 Review of existing information 2 2 4
2 Field evaluation (3 days @ 8 hrs)4 24 24 52
3 Summary report & recommendations 4 16 16 36
0
Total Estimated Hours 10 0 42 40 0 92
Total Estimated Fee $2,340 $0 $6,468 $5,880 $0 $14,688
Project Management & Meetings $1,638
Retaining Wall Field Evaluation & Report $14,688
Total Estimated Fee $16,326
Use $16,350
Project Management & Meetings
Retaining Wall Field Evaluation & Report
Project Fee SummaryI
fif\BOLTON \!JJ/ & MENK
Rea l People. Rea l Solutions.
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Tim Gladhill, Community Development Director
SUBJECT: Case CD 2024-030: 201 & 211 Easement Vacation
DISCUSSION
The City received an Application for Lot Line Reconfiguration, Easement Vacation, and
Easement Dedication. After the Application was determined to be complete and Public
Hearing Notices were posted, the Applicant desired to pause and reconsider
alternatives. It was too late to cancel the Public Hearing by the time the City was
informed of the change. As such, the City Council must open and postpone the Public
Hearing. Staff would recommend postponing indefinitely (rather than a specific date), a s
it is uncertain if or when the request will move forward. Staff will repost the Public
Hearing if and when the proposal moves forward.
Since publication of this Staff Report, the Applicant has confirmed that they now desire
to move forward as originally presented. As such, Staff recommends that the City
Council postpone the hearing to a date certain (not indefinitely).
RECOMMENDATION
Staff recommends that the City Council postpone indefinitely the Public Hearing.
Staff recommends that the City Council postpone the Public Hearing until Tuesday,
August 6.
ACTION REQUESTED
Motion to postpone indefinitely the Public Hearing.
Motion to postpone the Public Hearing until Tuesday, August 6.
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Tim Gladhill, Community Development Director
SUBJECT: Case CD 2024-030: 201 & 211 Easement Vacation
DISCUSSION
The City received an Application for Lot Line Reconfiguration, Easement Vacation, and
Easement Dedication. After the Application was determined to be complete and Public
Hearing Notices were posted, the Applicant desired to pause and reconsider
alternatives. It was too late to cancel the Public Hearing by the time the City was
informed of the change. As such, the City Council must open and postpone the Public
Hearing. Staff would recommend postponing indefinitely (rather than a specific date), as
it is uncertain if or when the request will move forward. Staff will repost the Public
Hearing if and when the proposal moves forward.
RECOMMENDATION
Staff recommends that the City Council postpone indefinitely the Public Hearing.
ACTION REQUESTED
Motion to postpone indefinitely the Public Hearing.
DATE: May 21, 2024
TO: Honorable Mayor and City Council
FROM: Ben Gutknecht, Planning Manager
SUBJECT: Case No. 2024-012: Easement Vacation Request and Amendment to
Assessment Waiver for 1904 5th Street North
BACKGROUND
On May 21, 2024 the City Council approved the Plat (“Frankie Valley”) subdividing 1904
5th Street North (the “Property”) into two new lots. As part of this plat, the applicant
dedicated right-of-way, measuring 15-feet wide by 290-feet long running the length of the
Property, parallel to Willow Street. Currently, a 10-foot wide by 290-foot long easement
runs the length of the Property parallel to Willow Street. The existing easement was
provided in lieu of right-of-way in 2004 for drainage, utility, and roadway purposes. Staff
is recommending the vacation of the existing easement as the newly dedicated right-of-
way provides the same access and purpose, thus making the easement obsolete.
Due to the dedication of the new right-of-way as part of the recently approved Plat, City
Staff coordinated with the City Attorney to update an existing Assessment Waiver
(“Deferred Assessment”) that is applied to the Property. For context, around 2004 the City
installed sewer and water utilities in northern Stillwater and made them available to the
Property Owners. At the time the City did not require payment for the utilities until
connection was made to a new dwelling, therefore did not require owners to pay for the
improvements until the property was built on. Due to the recent subdivision and proposed
construction of a single-family dwelling, these fees will be required to be paid by the
property owner at time of construction. However, because this owner is dedicating area
for right-of-way as part of the approved Plat, Staff is recommending the reduction of their
existing assessment. Based on valuations provided by the City Engineer, staff is
recommending approval of the attached Amended Assessment Waiver.
ACTION REQUESTED
Motion to adopt the Resolution vacating the existing Drainage, Utility, and roadway
easement and approve the amended assessment waiver.
1
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-
RESOLUTION VACATING EASEMENT LOCATED AT
1904 5TH STREET N. WITHIN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, pursuant to Minn. Stat. § 412.851, with a majority vote of its members,
the City Council may vacate any street, alley, public grounds, public way or any part thereof
within the City by Resolution; and
WHEREAS, the City petitioned to vacate the Easement recorded as Document No.
3487892 near 1904 5th Street N., Stillwater, Minnesota, for drainage, utilities and roadway
purposes, legally described on the attached Exhibit A (“Easement”); and
WHEREAS, a notice of a public hearing on said vacation was duly published and
posted in accordance with applicable Minnesota Statutes and a public hearing was held on
said vacation at the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota; and
WHERE AS, the City Council of Stillwater then proceeded to hear all persons
interested in said vacation and all persons interested were afforded an opportunity to present
their views and objections to the granting of said vacation; and
WHEREAS, the City Council of Stillwater has determined that the vacation would be
in the public interest.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater:
1. That the City of Stillwater, pursuant to Minn. Stat. § 412.851, hereby vacates the
Easement situated in the City of Stillwater, County of Washington State of Minnesota,
legally described on the attached Exhibit A.
2. That said vacation has no relationship to the City’s Comprehensive Plan and therefore
the Stillwater Council has dispensed with the requirements of Minn. Stat. § 462.356,
Subd. 2, that may require the Stillwater Planning Commission to perform a
Comprehensive Plan compliance review of said vacation that may constitute a
disposal of real property pursuant to § 462.356, Subd. 2.
3. That the City Clerk shall prepare a notice to be presented to the Washington County
Auditor reflecting the completion of the proceedings herein.
4. That said notice of vacation shall be recorded prior to but simultaneously with the
recording of the Frankie Valley Plat.
2
Adopted by the Stillwater City Council this _________ day of ______________, 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Jenna Schmid, City Clerk
A-1
EXHIBIT A
LEGAL DESCRIPTION OF
EASEMENT TO BE VACATED
DOCUMENT NO 3487892
Real property located in the City of Stillwater, County of Washington, State of
Minnesota described as follows:
The North 10 feet of the following described parcel:
All that part of the Northwest Quarter of Section 21, Township 30 North, Range
20 West, described as follows: Beginning on a line produced 350.00 feet West of the
East Line of said Northwest Quarter and running parallel thereto to a point 180.00 feet
North of the South line of said Northwest Quarter; thence North on said parallel line
138.00 feet; thence West at right angles 290.00 feet; thence South parallel with said
East line 137.61 feet, more or less, to the northerly line of the South 180 feet of said
Northwest Quarter of Section 21; thence Easterly along said Northerly line 290.00 feet,
more or less, to the point of beginning.
Subject to the right of way of the public road locally known as Willow Street
along the northerly line thereof.
µ
0 75 15037.5 Feet
General Site Location
Site Location1904 5th Street North
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VICINITY MAP
SEC. 31, TWP. 30N, RNG. 20W,
WASHINGTON COUNTY, MN
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THE ORIENTATION OF THIS BEARING SYSTEM IS BASED
UPON THE NORTH -SOUTH QUARTER LINE OF SECTION
21, TOWNSHIP 30, RANGE 20, WHICH IS ASSUMED TO
HAVE THE BEARING OF S00"22'28"E.
o DENOTES SET 1 / 2 INCH X 18 INCH IRON PIPE MARKED
R.L.S. 25718 UNLESS OTHERWISE INDICATED.
• DENOTES FOUND 1 /2 INCH IRON PIPE WITH NO CAP
UNLESS OTHERWISE SHOWN.
I
I
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I I ------------50 -------------
1 I
I I
-$-DENOTES FOUND WASHINGTON COUNTY MONUMENT AS NOTED.
1395. 68 DESC DENOTES DIMENSIONS AS RECITED IN THE DEED LEGAL DESCRIPTION.
1395.68 MEAS. DENOTES MEASURED DISTANCE.
N I/ 4 CORNER Oc
SEC. 21, TJO, R20
cOUND WASHINGTON
COUNTY STONE
i'\ MONUMENT.
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SEC. 21, T30, R20
cOUND SURVEY NAIL
OVER CAST IRON
MONUMENT
CORNERSTONE
LAND SURVEYING, INC.
. ENTERED IN TRANSFER RECORD
'WASHINGTON COUNTY, MP.,.,_-,:soTA \
£)er Qmt)t t tJl ~b
MOLLY 7• O'ROURKE,AUDIT .,.. 'SURER
fit,~
EASEMENT
3487892
I lffi 11111 1 llll I lllll lffl 1111111
Office of the
County Recorder
Washington County, MN
Certified llled and/or recorded on :
2004/12/21 11 :40:0 0 AM
3487892
•
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~Y-....~-~ -. tv:~=o;.;...;;;.,""'~~--=-
This Easement is made by KAREN ANN KRAMER, a single person, (the "Grantor") in
favor of the City of Stillwater, Washington County, State of Minnesota (the "City").
NOW, THEREFORE, for valuable consideration, Grantor hereby grants and conveys to
the City a perpetual, non-exclusive easement for drainage, utilities and roadway purposes over,
on and across the real property described as follows:
The North 10 feet of the following described parcel:
All that part of the Norwest Quarter of Section 21, Township 30 North,
Range 20 West, described as follows: Beginning on a line produced 350.00 feet
West of the East Line of said Northwest Quarter and running parallel thereto to a
point 180.00 feet North of the South line of said Northwest Quarter; thence North
on said parallel line 138.00 feet ; thence West at right angles 290.00 feet; thence
South parallel with said East line 137.61 feet, more or less, to the northerly line of
the South 180 feet of said Northwest Quarter of Section 21; thence Easterly along
said Northerly line 290.00 feet, more or less, to the point of beginning.
Subject to the right of way of the public road locally known as Willow
Street along the northerly line thereof.
This Easement shall bind and inure to the benefit of the parties, their successors and
assigns.
IN WITNESS WHEREOF, the above-named parties executed the foregoing instrument
on the 7' day of lfl~I' i,,,IA U4 2004.
GRANTOR:
~7r0:t 11/ (l,1c~ /~
Karen Ann Kramer
CITY OF STILL WATER
]~¢
~J~~
Diane F. Ward City !erk
ST A TE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
, J The J,,Wregoing instrument was acknp~ledged
ilff!£JJJdJS!.L... 2004, by KAREN ANN KRAMER, a singl
l
~day of
STATE OF MINNESOTA
COUNTY OF W ASHlNGTON
)
) ss
)
Notary Public
The foregoing instrument was acknowledged before me this }.k_ day of ~
2004, by Jay L. Kimble, Mayor and Diane F. Ward , Clerk , for the City of Stillwater.
e SUSAN L O'BRIEN-MOORE
NIJTNfi P\8.IC. MNESOTA
Mr Con1ni1110ft EJlllll'.llft. 31,2010
~;fo~--m~
, Notary Public
. 2.
1
AMENDED ASSESSMENT AMOUNT AND ASSESSMENT WAIVER AGREEMENT
FOR 1904 NORTH FIFTH STREET, STILLWATER
THIS AGREEMENT (“Agreement”) is entered into and effective as of the _____ day of
_______________, 2024 (“Agreement Date”), by and between the City of Stillwater, a Minnesota
municipal corporation (“City”), and Karen Ann Kramer, a single person (“Owner”).
RECITALS
WHEREAS Owner is the fee owner of certain real property located at in the City of
Stillwater, Washington County, Minnesota, legally described as:
All that part of the Northwest 1/4 of Section 21, Township 30 North, Range 20 West,
described as follows:
Beginning on a line produced 350.00 feet west of the east line of said Northwest Quarter
and running parallel thereto at a point 180.00 feet north of the south line of said Northwest
Quarter; thence north on said parallel line 138.00 feet; thence west at right angles 290 feet;
thence south parallel with the East line 137.61 feet, more or less, to the northerly line of
south 180.00 feet of said Northwest Quarter of Section 21; thence easterly along said
northerly line 290.00 feet, more or less, to the point of beginning.
Abstract Property
PID: 21.030.20.24.0019 (the “Property”); and
WHEREAS, on or around 2004, the City installed sewer and water utilities
(“Improvements”) and made the Improvements available to the Property but did not require Owner
to connect the Improvements and therefore did not require Owner to pay for the Improvements at
the time of construction; and
2
WHEREAS, the City deferred certification of the assessment for the Improvements until
the Owner connects to the utilities and memorialized the deferred certification pursuant to a Notice
of Water & Sewer Availability, which was recorded as Document Number 3490273 in Washington
County, Minnesota, in the amount of $12,500 for Water and $12,500 for Sewer for a total of
$25,000 (“Original Assessment Amount”); and
WHEREAS, the Owner has not yet connected to utilities and the Original Assessment
Amount plus accrued interest totals $44,657.01 (“Current Assessment Amount”); and
WHEREAS, the Owner recently platted the Property which included a dedication of right
of way to the City, just compensation for which has been determined to be in the amount of
$7,438.50 (“ROW Compensation”); and
WHEREAS, the Owner agreed that the ROW Compensation shall be offset against the
Current Assessment Amount, thus modifying and reducing the Current Assessment Amount to
$37,218.51 (“Modified Assessment Amount”); and
WHEREAS, Owner and City desire to memorialize other terms and conditions as to the
certification of the Modified Assessment Amount.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to
the other contained in this Agreement and other good and valuable consideration, receipt of which
is hereby acknowledged, the parties hereto do covenant and agree as follows:
ARTICLE I
THE AGREEMENT
Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants
and agreements between the Owner and the City with regard to the Property and the Improvements
including the Modified Assessment Amount which constitutes an estimated current value benefit
of the Improvements pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by
Minnesota Statutes § 462.3531.
Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date
and shall terminate upon the expiration of the Assessment Term or repayment of the Assessment
Amount.
Section 1.03 Survival. Notwithstanding the termination of this Agreement pursuant to
Section 1.02, the Owner’s Covenants and Agreements contained in Section 3.01 and the City’s
Covenants and Agreements contained in Section 3.02 shall survive the termination of this
Agreement.
3
ARTICLE II
DEFINITIONS
Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings
as used in this Agreement shall be expressly indicated below, unless the context of this Agreement
requires otherwise:
(a) Agreement: This Agreement to memorialize the covenants and agreements between the
Owner and the City with regard to the Property, Modified Assessment Amount and the
Improvements including the assessment appeal waiver provided herein pursuant to
Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes §
462.3531.
(b) Agreement Date: The date written in the first paragraph of the Agreement.
(c) Modified Assessment Amount: The Modified Assessment Amount shall be Thirty-Seven
Thousand, Two Hundred Eighteen Dollars and 51/100s ($37,218.51). The Modified
Assessment Amount is commensurate with the estimated special benefit of the
Improvements to the Property plus interest accrued from 2005 through the date of this
Agreement.
(d) Assessment Interest Rate: The Modified Assessment Amount shall accrue interest at a rate
of 1.5% over the bond rate from the Agreement Date.
(e) Assessment Term: Only if not paid pursuant to 3.01(e), the term of the special assessment
shall be from the date that the interest accrual begins in 2.01(d) until the Modified
Assessment Amount is paid in full, or five (5) years after the Modified Assessment Amount
is levied against the Property.
(f) City: The City of Stillwater, a Minnesota municipal corporation.
(g) Owner: Karen Ann Kramer, a single person.
ARTICLE III
COVENANTS AND AGREEMENTS
Section 3.01 Covenants and Agreements of the Owner. The Owner covenants and
agrees with the City that:
(a) Assessment Appeal Waiver: Owner hereby authorizes the City to levy the special
assessment against the Property up to the Modified Assessment Amount for the
Improvements. The Owner hereby waives all rights to assessment notices, hearings and
appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081
for the special assessment against the Property up to the Modified Assessment Amount.
The Owner hereby waives any and all procedural and substantive objections to the
4
assessment up to the Modified Assessment Amount against the Property, including, but not
limited to, notice and hearing requirements and any claim that any or all of the Modified
Assessment Amount against the Property exceeds the benefit to the Property for the
Improvements. The Owner acknowledges and agrees that the benefit of the Improvements
to the Property does in fact equal or exceed the Modified Assessment Amount. The City
and the Owner acknowledge and agree that the Owner’s waiver of assessment appeal rights
pursuant to Minnesota Statutes, Chapter 429, is capped at the Modified Assessment
Amount, plus interest accrued, by operation of Minn. Stat. § 462.3531. The City and the
Owner acknowledge and agree that the Owner may appeal any special assessment above
the Modified Assessment Amount, plus interest accrued.
(b) Owner’s Covenant Not to Sue the City: Owner hereby covenants with the City not to
appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the assessment,
or for other relief from the payment of the City’s assessment up to the Modified Assessment
Amount, plus interest.
(c) Owner’s Covenant that Owner is the Property Fee Owner: Owner hereby covenants and
warrants with the City that Owner is seized in fee of the Property and has good right to
enter into this Agreement with the City.
(d) Owner’s Agreement to Assessment Amount: Owner understands and agrees that the value
of the Improvements will increase the market value of the Property in an amount that equals
or exceeds the Modified Assessment Amount, plus interest.
(e) When Payment is Due: Owner agrees to pay the Modified Assessment Amount, with
interest accruing from the Agreement Date, within 30 days upon receipt of the invoice from
the City, which shall be sent at the time that the Owner connects to the utilities, or if not
paid by the due date on the invoice, then as an assessment against the Property pursuant to
Section 3.02 (a).
Section 3.02 Covenants and Agreements of the City. The City covenants and agrees
with the Owner that:
(a) Modified Assessment Amount: The City agrees that it will certify/levy the Modified
Assessment Amount against the Property if the Owner does not pay the Modified
Assessment Amount when due according to Section 3.01(e) and then, only up to the
Modified Assessment Amount, plus interest.
(b) City Recording of this Agreement: The City will record this Agreement against the
Property.
(c) Prepayment of Assessment: The City agrees the Owner may prepay some or all of the
City’s Modified Assessment Amount against the Property for the Improvements pursuant
to Minn. Stat. § 429.061.
5
ARTICLE IV
DEFAULT
Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely
performance of any of its covenants, or agreements hereunder, the other party(s) may give notice
of default of this Agreement. The notice shall specify with particularity the default or defaults on
which the notice is based. The notice shall specify a ten (10) day cure period within which the
specified default or defaults must be cured. If the specified defaults are not cured within the cure
period, the other party(s) may pursue all remedies and sanctions available at law and in equity,
including specific performance.
Section 4.02 Attorneys’ Fees, Costs and Expenses. The Owner agrees that after
execution of this Agreement, if it challenges the validity of the Modified Assessment Amount in
any way, then Owner shall pay the City the amount of the City’s assessment up to the Modified
Assessment Amount with accrued interest beginning as stated in Section 2.01(c), together with the
City’s attorneys’ fees, costs and expenses to defend the assessment by the City up to the Modified
Assessment Amount pursuant to this Agreement. The Owner acknowledges and agrees that the
Owner would be unjustly enriched if the City’s assessment up to the Modified Assessment Amount
pursuant to this Agreement was set aside, reduced, repealed or invalidated by a court with
jurisdiction over the Property. The Owner agrees that the court with jurisdiction over the Property
shall award the City the assessment up to the Modified Assessment Amount with accrued interest
together with the City’s attorneys’ fees, costs and expenses for breach of the Owner’s covenant
not to appeal or sue the City pursuant to Article III, Section 3.01(b).
ARTICLE V
GENERAL PROVISIONS
Section 5.01 Notices. All notices, requests, demands or other communications required or
permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if
delivered personally or by registered or certified mail, return receipt accepted, postage prepaid,
addressed as follows:
If to the City: City of Stillwater
Attention: City Administrator
216 North 4th Street
Stillwater, MN 55075
If to the Owner: Karen Ann Kramer
1904 5th St North
Stillwater, MN 55082
6
Section 5.02 Non-Assignability. Neither the City nor the Owner shall assign any interest
in this Agreement nor shall either party transfer any interest in the same without the prior written
consent of the other party.
Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants
contained herein and the transaction contemplated hereunder shall be binding upon and inure to
the benefit of the parties hereto and their respective successors, heirs, personal representatives, and
permitted assigns. This Agreement shall further be binding on subsequent purchasers of the
Property and shall run with the Property herein described.
Section 5.04 Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof.
Section 5.05 Amendments, Changes and Modifications. This Agreement may be
amended or any of its terms modified or changed only by a written amendment authorized and
executed by the City and the Owner.
Section 5.06 Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and shall supersede all prior oral or written negotiations.
Section 5.08 Notice To Buyers. The Owner agrees to notify and provide any buyer of the
Property with an executed copy of this Agreement if the Owner sells any interest in the Property
following the execution of this Agreement by both the Owner and the City, but before the recording
of this Agreement with Washington County Recorder and/or Registrar of Titles.
Section 5.09 Government Immunity. Nothing contained herein shall be deemed a waiver
by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all
claims brought by Landowner or her successors or assigns shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by Minnesota Statute,
Chapter 466.
IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be
executed by their duly authorized representatives.
[remainder of page intentionally blank]
7
CITY OF STILLWATER
By:
Ted Kozlowski
Mayor
By:
Beth Wolf
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2024, before me a Notary Public within and for said
County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each
by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of
Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was
signed on behalf of said municipal corporation by authority of its City Council and said Mayor and
City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation.
Notary Public
8
OWNER:
KAREN ANN KRAMER
Karen Ann Kramer
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on _____ day of
, 2024 by Karen Ann Kramer, a single person.
Notary Public
This instrument drafted by
and after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Dr Suite 300
Eagan, MN 55121
DATE: July 16, 2024
TO: Honorable Mayor Kozlowski and Members of the City Council
FROM: Kori Land, City Attorney
SUBJECT: 2nd Amendment to Resolution and Order to Repair re 1309 3rd Street South,
Stillwater
BACKGROUND
You may recall that on October 17, 2023, the City Council ordered the abatement of a
garage and retaining wall at 1309 3rd Street South, requiring that the structures be razed
and removed by December 31, 2023. Toward achieving that deadline, the owner of the
property (“Owner”) hired a contractor to demolish the garage but warned that the removal
of the garage slab may further deteriorate the structural integrity of the retaining wall,
which is jointly owned with a neighboring property at 1314 2nd Street South (“Neighbor”).
As part of the packet for the October 17 meeting, we introduced a survey prepared for the
Neighbor that shows the exact portion of the wall that is on the Neighbo r’s property. (See
Exhibit 1) The portion of the wall owned by the Neighbor is highlighted in yellow. A photo
taken by City Staff was then measured against the survey to show the portion of the wall
owned by the Neighbor. (See Exhibit 2) The orange line represents the Neighbor’s portion
of the wall.
Due to the cooperation needed for compliance, the Owner requested that deadline for the
removal of the slab and the retaining wall be delayed so the Owner could cooperate with
the Neighbor about the wall. The Council amended the order on December 19, 2023,
extending the compliance deadline to July 1, 2024. The Owner demolished the garage in
a timely manner, but the slab and the retaining wall remain.
CURRENT STATUS
Despite the Owner making several efforts to communicate with the Neighbor since that
time about sharing the cost for the wall, the Neighbor eventually hired a lawyer, and all
communication has now stopped. The Owner was in constant communication with the
City this Spring and Summer to inform the City that efforts toward compliance were not
achievable. The attorney for the Neighbor was also in contact with the City about the
Neighbor’s intention to litigate the property line dispute.
The City Staff was in discussions about its options prior to the July 1 compliance deadline
and had a plan to initiate a hazardous building action against the Neighbor at the July 16
meeting to order repair/removal of the wall. The plan included syncing up compliance
deadlines for both owners to a date late this fall.
On or about July 3, 2024, the Neighbor filed a District Court action against the Owner
challenging ownership of the wall, claiming that the wall is solely the responsibility of the
Owner.
DISCUSSION
Given the litigation about the ownership of the retaining wall, at this time, the City is only
requesting an extension to the compliance deadline for the Owner until October 31, 2024
in order to allow litigation efforts to resolve the matter. I am hopeful that both property
owners would much rather spend resources on fixing the problem than on litigating it. If
no progress has been made by October 31, we will reevaluate the City’s position and
recommend further action at that time.
ACTION REQUESTED
Move to approve the Second Amendment to Resolution and Order to Raze and Remove
the Hazardous Structures Located at 1309 3rd Street South
ATTACHMENTS
Exhibits 1-2
Resolution
1
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-___
SECOND AMENDMENT TO RESOLUTION AND ORDER TO RAZE AND REMOVE
THE HAZARDOUS STRUCTURES LOCATED AT 1309 3RD STREET SOUTH
WHEREAS, on October 17, 2023, the Stillwater City Council approved Resolution
No. 2023-149 (“Order”) ordering that the detached garage and retaining wall located at
1309 3rd Street South in the City of Stillwater, Minnesota (“Property”), be razed and
removed by December 31, 2023; and
WHEREAS, Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, owners of
the Property (“Owner”), engaged a contractor to raze and remove the garage who
expressed concern that the removal of the garage’s concreate slab base may impact the
structural integrity of the retaining wall upon which the garage set; and
WHEREAS, according to a survey of the Property, the retaining wall is located on
both the Property and an adjacent property at 1314 2nd Street South in the City of
Stillwater, Minnesota (“Adjacent Property”), therefore requiring the cooperation and
mutual consent of the Adjacent Property owner in order to correct the hazardous
condition; and
WHEREAS, on December 19, 2023, the City Council passed Resolution 2023-172
(“Amended Order”) extending the compliance deadline to repair, replace or raze and
remove the concrete slab and the portion of the retaining wall located on the Property
until July 1, 2024; and
WHEREAS, on or about December 20, 2023, the Owner razed and removed the
garage structure; and
WHEREAS, the garage slab and retaining wall remained and were not in
compliance by the July 1, 2024 deadline; and
WHEREAS, the Adjacent Property owner now legally disputes having any
ownership interest in the retaining wall and filed a District Court action to determine
ownership of the retaining wall structure, pursuant to Washington County District Court
file number 82-CV-24-3262; and
WHEREAS, the City agrees to a reasonable extension of the Amended Order for
the Owner and Adjacent Property owner to mutually agree to the property line and
ownership of the retaining wall or time to allow the District Court to determine ownership
of the retaining wall and establish responsibility for the retaining wall’s repair, replacement
or removal.
2
NOW, THEREFORE, BE IT RESOLVED BY THE STILLWATER CITY COUNCIL:
The Amended Order, Resolution 2023-172, is hereby amended as follows:
Sections 1 and 2 of the Order are hereby removed in their entirety and replaced as
follows:
1.Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the Property
at 1309 3rd Street South, Stillwater, Minnesota, must raze and remove the garage
slab, and all related materials, by October 31, 2024.
2.Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the Property
at 1309 3rd Street South, Stillwater, Minnesota, must repair, replace or raze and
remove, as determined by the City’s Building Official, the portion of the retaining
wall located on the Property, returning the Property to a safe condition by October
31, 2024.
Except as provided for above, the terms and provisions of the Order and Amended Order
shall remain in full force and effect.
No party filed an Answer within twenty (20) days of service of Resolution 2023 -149,
therefore, a motion for summary enforcement of this Order will be made to the District
Court of Washington County if there is no compliance with th e Order, Amended Order or
Second Amendment and the City will be authorized to enter the property and immediately
raze or remove the garage slab and the retaining wall located on the Property. All costs
associated with the action and of razing and remove the garage slab and retaining wall
may be a lien against the Property, which may be levied and collected as a special
assessment.
Adopted by the Stillwater City Council this 16th day of July, 2024.
CITY OF STILLWATER
___________________________________
Ted Kozlowski, Mayor
ATTEST:
______________________________
Jenna Schmid, Deputy City Clerk
EXHIBIT 1
::~:s:n~. Measured Val~e~ER TI FICATE MQF SURVEY Bearin:0 :;::ern is an
}'R. ,; Ind.i ·Record Value. BARRETT M. STACK .assumed datum.
o Indicates #1377 4 iron pipe set, STILLWATER, MINN. 55082 Off sets shown to existing structures
unless noted otherwise. · MINNESOTA REGISTERED are rn~asured to the outside. building
• Indicates iron. found in place. as noted. LAND SURVEYOR wall line, unless noted otherw;Lse. Any
Underground or overhead, public or private Tel.No.439-5630 , projections from sa.id wal'l line:s,_ such as ·
11tilities, on or adjacent the parcel, were _ eaves, sill.s, steps, etc.·, ·will impact
not located in conjunction with this survey, indicated offsets accordingly.
unless noted otherwise. Underlined of indicates rec ·., <Desc. typo error. --' ' ''' '
SURVEYMADEEXCLUSIVELYFOR: Collin and Alyssa Soukup, 1314 Second Street South, Stillwater,
Minnesotai 55082.
DESCRIPTION: As Recorded: {per Document N_o. 4230708, Wasn,ington County -Records)
Lot Eight (8) of County Auditors Plat No. Eour~f4t; _according t6 .the "plat ~o£
thereof on file and of record in the Office of the Register of Deed·s ·in andfor
Washington Coun~y, Mihnesota.
Additional Notes: Th~~l'+-wide Block Wall shown hereon is tipped easterly and fracturing
in many places. This wall has~ wood fence located generally along the
the top of the wall as a .safety measure for t;he adjoirier westerly •. The
date · or erector· of this wall:.s origin is not currently known by Stack L.and
,,.--
.io-r 5 (
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f
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C}.~ -W, '
~'-'>=i=;-t
7't7,0 W/lL-L.,
/3,C':!:.£
Surveying. ·
·_ The southwesterly corner of Lot 8, Co. Aud. Plat .:N0. 4_, falls in the N' ly.
edge of a ,, power pole and _ was not set.
---/1,
Lo7 9
,,,
/ tJ'. CoR
,,-Z9,;•±'E, .
r/< /1 ;<-7 E
7
LlK. /5 LJE[.O_;;; /~ci"E J/3 . -
(PER Co, ,.4~,o_ ,P'L PT 4)
/
PR/VE
-~✓vE 'j? __
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and that
I am a duly Registe-red Land Surveyor under the laws of
the 'State of Minnesota. ·
....... ~ .. :ff.~.;.~ .................. .
May 15, 20~1 i3774 Date ........................ , .............. Reg.No., ........................... .
EXHIBIT 2
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Potential Charter Amendments Sections 4.03 and 5.12
DISCUSSION
Recently two Charter provisions came to Staff’s attention for which we request Council
review. Charter Amendments require a unanimous decision by the Council, so there is no
reason to bring an amendment to the attention of the Charter Commission unless there
is unanimity amongst the Council. Therefore, we seek input from you prior to the Charter
Commission’s next meeting, which is scheduled for July 29.
Charter Section 4.03 Filing for Office
The City Council passed Resolution 4447 on June 16, 1970, which requires the City to
hold a primary if more than two candidates have filed for any office (see attached) This
is now codified in City Charter 4.03. A primary is not required by law, but we thought we
were going to need one, since 4 candidates originally filed for an open seat. Two
candidates withdrew, leaving 2 candidates for that open seat, thus no primary will
be required this year. In the event it happens again, we thought we would ask the
Council for its position now.
Question: Does the Council want to continue to require a primary election?
Charter Section 5.12 Conflict of Interest; financial disclosure
This section of the Charter requires that certain officials complete a financial disclosure
after taking their oath of office. The list of “officials” is the following:
1.
2.
3.
4.
5.
6.
Members of Boards and Commissions
Elected officials
Department Heads
City Administrator
City Attorney (and all members of the firm)
Other
The list of financial disclosures includes the following:
1.Disclosure of all real property owned by official or spouse within the last 3 years,
not including homestead
2.
3.
Disclosure of any compensation for a non-ownership business with any
company that does business with the City
Disclosure of ownership of more than 5% in a company that does business with
the city
While the list of disclosures is not particularly onerous, it is unusual that anyone other
than the Council has to submit such a financial disclosure list. The Special Service District
has had a particularly difficult time completing the disclosures.
Question: Should we change the list of officials so that only elected officials are required
submit the financial disclosures.
ACTION REQUESTED
Review, discuss and provide direction
ATTACHMENTS
Resolution 4447
Charter Section 4.03
Charter Section 5.12
RESOLU'l'ION NO. 4447
RBSOLU'l'ION FIXING DATE FOR CI'l'Y PRIMARY ELECTIONS.
BB IT USOLVBD by the City Council of the City of Stillwater, Minnesota that
nDlllinees for city offices shall be chosen by a primary election system as
provided by Chapter 205 Laws of State of Minnesota. Date of ■aid primary
election shall be the same as the date provided by state law for primary
elections for state constitutional and legislative offices.
T~i• Resolution shall take effect upon the effective date of Ordinance Ro. 453
sanding Article 4 of the City charter of the city of Stillwater.
A~opted by the City council this
Publiahecl1 June 25, 1970
16th day of June, 1970.
Atteat1_-4~,-_ .... ~-=--=-=-==-----;;;_,---City Clerk
e->~~:;:;t~
Mayor
RESOL1J'l'ION NO. 4448
RBSOLU'l'ION DBSIGlllATIIJIG '1'BROUGH S'l'OP SIGN LOCATION IR 'l'HB CITY OP S'l'ILLWATBR.
BB l'l' RISOLVBD, by the City Council of the City of Stillwater, Minnesota,
that the following location be, and is hereby, designated as through stop
aign location in the City of Stillwater:
Ilff.BRSBC"l'IOII STRBBT STOPPED
west Olive Street & South Sixth Street Olive Street ( R. E. Corner)
Adopted by the Council this 23rd day of June, 1970.
Published: July 1, 1970
Attest1 _ _..~.._.....,_..__..,.._.;.,_ ______ _
City Clerk
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7/12/24, 1:31 PM Stillwater, MN Code of Ordinances
4.03. -Filing for office.
Any voters of the City qualified under the State Constitution for elective office may, by filing an affidavit
and paying a filing fee to the City Clerk, have his or her name placed on the municipal primary ballot or, if
there is not a primary election, the municipal election ballot. The Council shall set the fee and dates by
ordinance.
5.12. -Conflict of interest; financial disclosure.
Subd. 1. Purpose. The proper operation of democratic government requires that public officials be
independent, impartial and responsible to the people; that governmental decisions and policy be
made in the proper channels of the governmental structure; that public office not be used for
personal gain; and that the public have confidence in the integrity of its government. In
recognition of these goals, there is hereby established a code of ethics for all public officials
whether elected or appointed. The purpose of the code of ethics section is to direct disclosure of
City officials of private interests in matters affecting the City and to establish ethical standards of
conduct for all such officials be setting forth those types of activities that are incompatible with
the best interests of the City.
Subd. 2. Definitions.
(1) Conflict of interest means any intentional treatment by an official of a matter in which the
official has an interest, clearly separate from that of the general public.
(2) Doing business means engaged in any contractual relationship with the City or making
application for a relationship or for any relief or benefit available from the City.
(3) Interest means having a private financial interest separate from that of the general public.
(4) Matter means any contract, permit license, zoning decision, payment or benefit.
(5) Official means any person who has been elected, appointed or hired to a position having
supervisory and decision-making authority in the City including, but not limited to, any of the
following:
(a) Member of a City board or commission;
(b) Holder of a City elective office;
(c) The department head of each City department;
(d) The City Coordinator or Administrator;
(e) The City Attorney and all members of their firm;
(f) Any other person designated by the City Council from time to time.
Subd. 3. Disclosure required. Within 30 days after April 30, 1999, and within 30 days after taking the oath
of office and within 30 days after any change in a statement previously filed, each official must file
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on forms approved by the City Council and obtained from the City Clerk:
(1) With respect to real property, not including the official's homestead, located in the City:
(a) The location of any property in which the official has or has had an interest within the
previous three years.
(b) The location of property in which the official knows his or her spouse or minor child to
have a present interest or an interest within the previous three years;
(c) The name of the person possessing each interest referred to in paragraphs (a) and (b)
above;
(d) The nature of each interest referred to in paragraphs (a) and (b) above.
(2) With respect to any non-ownership business relationship the official has with any company,
partnership, firm, corporation, labor union, association or other entity doing business with
the City:
(a) The name of any entity;
(b) The title of each position held in connection with each entity;
(c) Whether compensation is involved in connection with each position.
(3) With respect to any ownership interest constituting more than five percent of the total
ownership in any corporation, firm, partnership or other entity doing business with the City,
indicate:
(a) The name of the entity.
(b) The type of ownership interest.
Subd. 4. Prohibited conduct. No official may do any of the following:
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(1) Use his or her position to secure any special privilege or exemption for himself or herself or
any other;
(2) No member of a City board or commission or elected official may act as agent or Attorney for
another in any matter before the governing body, board or commission on which he or she is
a member;
(3) Directly or indirectly solicit, accept or receive any compensation, gift reward or gratuity in any
form in connection with any matter or proceeding connected with or related to the duties of
his or her office except as may be otherwise permitted by law;
(4) Enter into any contract with the City unless otherwise authorized by law;
(5) Except as otherwise authorized by law, knowingly enter into a discussion of or vote upon
matter in which he or she may have an interest, or in any manner influence a vote or decision
of any other official on the matter;
(6)
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Except as otherwise provided by law every official must disclose all material information pertaining to
potential conflicts of interest as they arise and must recuse himself or herself from participating in any
discussion or decision on the matter under consideration;
(7) Use private or confidential data collected by the City of Stillwater to advance or benefit his or
her own interests;
Subd. 5. Documents; information. The City Attorney must inspect all material filed with the City as
promptly as is necessary to insure comply [ensure compliance] with the provisions of this section.
The City Attorney must immediately notify an individual required to file a document if a written
complaint is filed with the City Attorney by any registered voter alleging, or it otherwise appears,
that a document filed is inaccurate or does not comply with the provisions of this section, or that
the individual has failed to file a document required by this section.
Subd. 6. Violations; enforcement. The City Attorney must investigate any violation which is alleged in a
written complaint and must within 30 days after the filing of the complaint make a public finding
of whether or not there is probable cause to believe a violation occurred. The deadline for action
on any written complaint may be extended if necessary. Within a reasonable time after beginning
an investigation of an individual or association, the City Attorney will notify that individual or
association of the fact of the investigation. The City Attorney may make no finding of whether or
not there is probable cause to believe a violation has occurred without notifying the individual or
association of the nature of the allegations and affording an opportunity to answer those
allegations. Any hearing or action concerning any complaint or investigation other than a finding
concerning probable cause is confidential. Until the City Attorney makes a public finding
concerning probable cause:
(a) No member, employee, or agent of the City Attorney may disclose to any individual any
information obtained by that member, employee, or agent concerning any complaint or
investigation except as required to carry out the investigation or take action in the matter as
authorized by this chapter; and
(b) After the City Attorney makes a public finding of probable cause the City Attorney must report
that finding to the law enforcement authority other than the City Attorney who has agreed to
act as special prosecutor for the purpose of this section; and
(c) Upon the conviction of any person of a violation of this chapter the office employment or
position held by that person becomes vacant; and
(d) Upon the conviction of any person of a violation of this chapter the permit license or zoning
decision promulgated or issued in which the convicted person participated and benefitted
from becomes null and void.
Subd. 7. Advisory opinions.
(a)
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The City Attorney may issue and publish advisory opinions on the requirements of this section based upon
real or hypothetical situations. An application for an advisory opinion may be made only by an individual or
association who wishes to use the opinion to guide the individual's or the association's own conduct. The
City Attorney will issue written opinions on all questions submitted to him/her within 30 days after receipt
of written application, unless an individual or association agrees to extend the time limit.
(b) A written advisory opinion issued by the City Attorney in any subsequent proceeding
concerning the person making or covered by the request and is a defense in a judicial
proceeding that involves the subject matter of the opinion and is brought against the person
making or covered by the request unless:
(1) The City Attorney has amended or revoked the opinion before the initiation of the board
or judicial proceeding, has notified the person making or covered by the request of its
action, and has allowed at least 30 days for the person to do anything that might be
necessary to comply with the amended or revoked opinion;
(2) The request has omitted or misstated material facts; or
(3) The person making or covered by the request has not acted in good faith in reliance on
the opinion.
(c) A request for an opinion and the opinion itself are nonpublic data. The City Attorney; however
may publish an opinion or a summary of an opinion, but may not include in the publication
the name of the requester, the name of a person covered by a request from an agency or
political subdivision, or any other information that might identify the requester unless the
person consents to the inclusion.
Subd. 8. [Penalty.] A violation of this chapter is a gross misdemeanor punishable by a fine of up to
$3,000.00 or up to one year in jail.
(Ord. No. 874, 4-6-1999; Ord. No. 908, § II, 8-7-2001)
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BOARD AGENDA
Board of Commissioners
Fran Miron, District 1
Chair, Stan Karwoski, District 2
Gary Kriesel, District 3
Karla Bigham, District 4
Michelle Clasen, District 5
July 9, 2024 - 9:00 AM
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call (651) 430-6000
Washington County is an equal opportunity organization and employer
1.9:00 Roll Call
Pledge of Allegiance
2.9:00 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is
listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or
the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments.
Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will
not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's
presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of
Washington County's responsibilities.
3.9:10 Consent Calendar - Roll Call Vote
Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
A.Approval of the June 18, 2024, County Board meeting minutes.
B.Approve Change Order #3 with Axel H. Ohman, Inc. in the amount of $8,074 for elimination
of poured walls and addition of concrete block walls below overhead doors at the North
Environmental Center.
C.Approve Amendment No. 2 to Grant Agreement No. 14614 with the Minnesota Department
of Public Safety for the 2022 Sex Trafficking Investigations Grant Program.
4.9:10 General Administration A.) Joe Ayers Johnson, Senior Planner, B.) Wayne Sandberg, Public
Works Director
A.Approve a resolution to adopt the 2024-2029 Countywide Strategic Plan.
B.Candidate Conservation Agreement with Assurances (CCAA) Program - Monarch Awards
5.9:35 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.
6.9:50 Board Correspondence
7.9:50 Adjourn
8.9:55 Board Workshop with Public Health and Environment
A.Update on the county solid waste management plan.
FYI
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
9. 10:15 Board Workshop with Public Works
A. Board workshop to discuss Trunk Highway (TH) 120 (Century Avenue North) Jurisdictional
Transfer, from Interstate 694 to County State Aid Highway (CSAH) 12 (Wildwood Road).
10. 10:45 Board Workshop with Accounting and Finance
A. American Rescue Plan Act 2024 Recovery Plan Workshop
Washington
; 2;County