HomeMy WebLinkAbout2012-05-15 CC PacketBOARD OF TRUSTEES
Ned Gordon, President
Jane Dickinson, Vice President
Julia Sandstrom, Secretary /Treasurer
Michele Cassavante
Tom Corbett
Dick Edstrom
Leslie Lindbergh Jones
Mike Keliher
Kathy Stark
OUR PARTNERS
The Board of Trustees wishes to thank the Friends @ Stillwa-
ter Public Library and the Stillwater Public Library Founda-
tion for their enduring support, energy and commitment.
F @SPL is a major funder of the library's audiobook collec-
tion, the summer reading program, and equipment purchases.
The SPL Foundation provides assistance to the library in
many ways through support for the library's materials and pro-
gramming budgets, coordination and marketing of event
spaces, and development of new services.
Please attend the Foundation's upcoming fundraisers:
The Help: the book, the movie, the hairstyles!
Tuesday, May 22 at 7 p.m., $25
Light a Spark for the Library
Wednesday, July 4, at 7 p.m.,
$30 adult or teen,
$20 children (5 to 12)
Free under 5
S T I L L W A T E R P U B L I C
L I B R A R Y
R E P O R T T O T H E
S T I L L W A T E R C I T Y
C O U N C I L
224 Third St. N.
Stillwater MN 55082
651.275.4338
www.stillwaterlibrary.org
\4I
In April the Library submitted to the State its annual report for
2011 as required by statute. Overall, the report reveals that the Li-
brary continues to be one of the Stillwater community's most val-
ued assets. The report also hints at some of the challenges the Li-
brary will face in succeeding years as a result of changes in culture,
demographics and the economy. This report to the City Council
highlights2 some of the data appearing in the annual report. Of
especial note in our report is the Value Calculator (opposite). This
calculator, developed in Massachusetts and used elsewhere provides
a particularly powerful measurement of the Library's real value to
the City of Stillwater and its citizens.
SIGNIFICANT TRENDS
There were a number of areas of positive growth in 2011:
• The number of registered Stillwater residents increased by
2.5 %.
• The library received 2,600 hours of volunteer labor —a $59,800
value.
• The number of electronic materials (e -books and e- audio) acces-
sible to patrons grew by 30.6 %.
• Event space revenue grew by 19.7 %.
However, there are also areas of concern:
The library's budget has been balanced for five years by accept-
ing voluntary unpaid leave from administrative staff. This has
resulted in a skewed staffing pattern that preserves on -desk
hours, but provides insufficient hours to support operations.
Due to demand, the library makes titles available in many for-
mats. Instead of a book averaging about $23, the library now
purchases hardcover book, paperback, large print, multiple au-
dio formats (CD, MP3 and eAudio), eBook, and movies. The
total investment for just one title in all formats may be as much
as $230.
The expanded building is now 7 years old, and there were grow-
ing demands on the building repair budget. For 2012, all build-
ing capital funds have been allocated for emergency repairs.
CALCULATOR — 201 1
Library value calculators were developed in order to demonstrate
the savings that a community realizes by sharing resources through a
public library. The table below shows the estimated cost that would
be borne by Stillwater area community members if they purchased
the materials and services that they have received through the Still-
water Public Library in 2011.
Use of
Service
Est. Retail Value to
SPL
Value users
206,907
Book
$23.50
$4,862,314.50
25,769
Paperback book
7.00
180,383.00
7,839
Magazine
5.00
39,195.00
46,860
DVD
22.00
1,030,920.00
13,637
Music CD
16.00•
218,192.00
14,953
Audiobooks
41.00
613,073.00
565
Museum passes for 2
20.00 11,300.00_
2,064
eAudiobook
15.0030,960.00
3,615
eBook
15.001
54,225.00
785
eNewspaper article
1.00;
785.00
1,529
Kit
75.00
114,675.00
264
Online tutoring per hour
35.00
9,240.00
159
Online job coaching per hour
35.00
5,565.00
2,192
Interlibrary loan
30.00'
65,760.00
393
Meeting room
50.001
19,650.00
485
Program or class - adult
10.00
4,850.00
4,898
Program or class - child
6.00
29,388.00
22,802
Computer use per hour
12.00;
273,624.00
13,870
Reference question
15.00;
208,050.00
TOTAL VALUE _. -,;
$7,772,149.50'
The Value Calculator is adapted from the Library Use Value Calculator originally devel
oped by the Massachusetts Library Association in 2004. The Maine State Library has pro
trided estimated 2011 retails values.
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE OFFICE BUILDING
324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082
TELEPHONE: (651)439 -9464 • FAx: (651)439 -5641
www.MAGNUSONLAwFiRm.com
DAvrD T. MAGNUSON
DTMAGNuSON@MA(;NUSONLAwFflm.com
MEMORANDUM
TO: Mayor, City Council and Staff
FROM: David T. Magnuson, Stillwater City Attorney
DATE: May 15, 2012
JOHN D. MAGNUSON
JDMAGNUSON@MAGNUSONLAwFiRm.com
RE: Old Right of Way of Neal Avenue and the McDonald's Project
More than a month ago, the staff presented to the City Council the dilemma caused by an old
dedication of the right of way and the problem caused by the eventual construction of Market
Drive in a different location.
Old Neal Avenue was held as a separate parcel and never dedicated and eventually forfeited to
the State of Minnesota for the non - payment of real estate taxes. In order to make this parcel
available for the re- platting of Stillwater Marketplace North, it was necessary for the City to
acquire title to this old right of way by a conveyance from the State of Minnesota. A copy of the
deed from the State to the City dated April 24, 2012, is attached as Exhibit A.
Attached as Exhibit B is a copy of a proposed plat of Stillwater Marketplace. The old right of
way is shown both in red and green, and a total of these two parcels constitute the old right of
way. The conveyance required to make the land available to McDonald's for their project is in
red. The part of the parcel retained for the right of way to comply with the current location of
Market Drive is show in green.
Authority is requested to authorize the Mayor and Clerk to sign the enclosed deed making this
property available for redevelopment.
Respectfully,
David T. Ma us
Stillwater City orney
Conveyance of Forfeited Lands
Issued Pursuant to Minnesota Statutes, Chapter 282
Deed Tax Due: I• b s Commissioner's Deed No. 0206205 I
Date: APKIL 24, 200.
WHEREAS, the real property described below has become duly forfeited to the State of Minnesota to be held in trust in
favor of the taxing districts for the nonpayment of taxes or otherwise, and
WHEREAS, pursuant to Minnesota Statutes section 282.01, subdivision la, paragraph (b) or subdivision 3 or subdivision 7a
and related provisions, the Grantee has purchased the real property described below, and
WHEREAS, the Commissioner of Revenue has determined that the' Grantee has fully complied with the conditions for said
conveyance and is entitled to an appropriate conveyance of the real property, and,
NOW, THEREFORE, for valuable consideration and pursuant to said laws, the Commissioner of Revenue, acting on behalf
of the State of Minnesota, a sovereign body ("Grantor"), does hereby convey and quitclaim to City of Stillwater ('Grantee" real
property in Washington County, State of Minnesota legally described as follows:
PID #32.030.20.32.0001
Section 32 Township 030 Range 020
PT OF SW I/4 COM Q NW COR SD SW 1/4 THN S89DEG28 -29 "E BRG ORIENTED TO WACO CORD SYS ALG N LN SD
SW 1/4 DIST 1075.07FT TO SELY R/W LN OF STILLWATER BLVD N (CSAH 5) & POB TAN CONT N89DEG28'29 "E ALONG
SD N LINE 583.53FT THN SODEG58'10 "E PAR WITH E LINE OF SD SW 1/4 40.01FT THN N89DEG2829 "W 430FT THN
SODEG58'10 "E 238.68FT THN SLY ALONG TANG CURVE CONCAVE TOW HAVING CTR ANG OF 21DEG23'08" &
RADIUS OF 666.62FT DIST OF 248.82FT THN N69DEG35'02 "W ALONG RADIUS LINE OF SD CURVE 60FT THN NLY
ALONG CURVE CONCAVE TO W HAVING CTR ANG OF 21DEG23'08" & RAD OF 606.62FT DIST OF 226.42FT CHORD OF
SD CURVE BEARS N09DEG43 24 "E THN NODEG58'10 "W TANG TO SD CURVE 24025FT TEN N89DEG28 29 "W 11 9.84FT
TO SD SELY R/W LINE THN N32DEG49'23 "E 47.32FT TO PT OF BEG SUBJ TO EASE,
Check here if all or part of the described real property is Registered (Torrem) ( )
together with all hereditaments and appurtenances belonging thereto, but excepting and reserving to the said state, in trust of the taxing
districts concerned, all mineral rights, as provided by law.
Further, the lands conveyed by this deed are not eligible for enrollment in a State of Minnesota funded program providing
compensation for conservation of marginal land or wetlands.
1
Form approved b1' Attorney General (August 2010)
X, y,
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3888033
Receipt#: 190749
SD $46.00
SDT $1.65
Certified Filed and /or recorded on:
Conservation Fee: $5.00
5111/2012 11:35 AM
CRV Not Required
No Delinquent Taxes
3888033
Transte� Entered
Office of the County Recorder
Return to:
Property Records & Taxpayer Services
WASH CO TAXPAYER SERVICES
Washington County, MN
10.919 62ND STREET N
STILLWATER W55092
er
JvinJr
KevinJCorbid,AudirorTrenmra•
rbid,nius. or Te mr.-
Conveyance of Forfeited Lands
Issued Pursuant to Minnesota Statutes, Chapter 282
Deed Tax Due: I• b s Commissioner's Deed No. 0206205 I
Date: APKIL 24, 200.
WHEREAS, the real property described below has become duly forfeited to the State of Minnesota to be held in trust in
favor of the taxing districts for the nonpayment of taxes or otherwise, and
WHEREAS, pursuant to Minnesota Statutes section 282.01, subdivision la, paragraph (b) or subdivision 3 or subdivision 7a
and related provisions, the Grantee has purchased the real property described below, and
WHEREAS, the Commissioner of Revenue has determined that the' Grantee has fully complied with the conditions for said
conveyance and is entitled to an appropriate conveyance of the real property, and,
NOW, THEREFORE, for valuable consideration and pursuant to said laws, the Commissioner of Revenue, acting on behalf
of the State of Minnesota, a sovereign body ("Grantor"), does hereby convey and quitclaim to City of Stillwater ('Grantee" real
property in Washington County, State of Minnesota legally described as follows:
PID #32.030.20.32.0001
Section 32 Township 030 Range 020
PT OF SW I/4 COM Q NW COR SD SW 1/4 THN S89DEG28 -29 "E BRG ORIENTED TO WACO CORD SYS ALG N LN SD
SW 1/4 DIST 1075.07FT TO SELY R/W LN OF STILLWATER BLVD N (CSAH 5) & POB TAN CONT N89DEG28'29 "E ALONG
SD N LINE 583.53FT THN SODEG58'10 "E PAR WITH E LINE OF SD SW 1/4 40.01FT THN N89DEG2829 "W 430FT THN
SODEG58'10 "E 238.68FT THN SLY ALONG TANG CURVE CONCAVE TOW HAVING CTR ANG OF 21DEG23'08" &
RADIUS OF 666.62FT DIST OF 248.82FT THN N69DEG35'02 "W ALONG RADIUS LINE OF SD CURVE 60FT THN NLY
ALONG CURVE CONCAVE TO W HAVING CTR ANG OF 21DEG23'08" & RAD OF 606.62FT DIST OF 226.42FT CHORD OF
SD CURVE BEARS N09DEG43 24 "E THN NODEG58'10 "W TANG TO SD CURVE 24025FT TEN N89DEG28 29 "W 11 9.84FT
TO SD SELY R/W LINE THN N32DEG49'23 "E 47.32FT TO PT OF BEG SUBJ TO EASE,
Check here if all or part of the described real property is Registered (Torrem) ( )
together with all hereditaments and appurtenances belonging thereto, but excepting and reserving to the said state, in trust of the taxing
districts concerned, all mineral rights, as provided by law.
Further, the lands conveyed by this deed are not eligible for enrollment in a State of Minnesota funded program providing
compensation for conservation of marginal land or wetlands.
1
Form approved b1' Attorney General (August 2010)
X, y,
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STILLWATER MARKETPLACE NORTH
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1 INCH = 30 FEET
SCALE IN FEET
FOR THE PURPOSES OF THIS PLAT, THE NORTH LINE Of
THE SOUTHWEST QUARTER OF SECTION 32. TOWNSHIP
30 NORTH. RANGE 20 WEST 15 ASSUNEO TO BEAR
SOUTH 89 DEGREES 28 MINUTES 29 SECONDS EAST.
• DENOTES WON MONUMENT FOUND
• DENOTES PR NAIL FWNO
S DENOTES CAST IRON MONUMENT FOUND
o DENOTES SET 112 INCH By 14 INCH WON PIPE WTH
PLASTIC CAP INSCRIBED LS 47465, UNLESS
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P RON PIPE
DRAINAGE AND UTLITI EASEMENTS
ARE SNORN AS THUS.
(NOT TO SCALE)
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LOT LINES UNLESS OTHERMS INDICATED
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0NeNmi 30 60
1 INCH = 30 FEET
SCALE IN FEET
FOR THE PURPOSES OF THIS PLAT, THE NORTH LINE Of
THE SOUTHWEST QUARTER OF SECTION 32. TOWNSHIP
30 NORTH. RANGE 20 WEST 15 ASSUNEO TO BEAR
SOUTH 89 DEGREES 28 MINUTES 29 SECONDS EAST.
• DENOTES WON MONUMENT FOUND
• DENOTES PR NAIL FWNO
S DENOTES CAST IRON MONUMENT FOUND
o DENOTES SET 112 INCH By 14 INCH WON PIPE WTH
PLASTIC CAP INSCRIBED LS 47465, UNLESS
OTHERWISE SHOWN
P RON PIPE
DRAINAGE AND UTLITI EASEMENTS
ARE SNORN AS THUS.
(NOT TO SCALE)
5++ I
10
BEING 5 FEET IN WOTH 0 A—NING
LOT LINES UNLESS OTHERMS INDICATED
AND BEING 10 FEET IY 0TH AND
AOJQ'NING LMT OF WA ILNES UNLESS
OTIERmSE INDICATED
IF
L A N D F O R
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STATE DEED TAX DUE
HEREON: $
Date: 2012
WARRANTY DEED
FOR VALUABLE CONSIDERATION, the City of Stillwater, a municipal corporation, existing under the
laws of Minnesota, Grantor, hereby conveys and warrants Wells Fargo Bank, N.A. a national banking
association, Grantee, real property in Washington County, Minnesota, described as follows:
Attached as Exhibit A
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
excepting and reserving to the state, in trust for the of the taxing districts concerned, all
mineral rights as provided by law.
Total consideration for this transfer of property is $500.00 or less.
Grantor knows of no wells on the property.
Affix Deed Tax Stamp Here THE CITY OF STILLWATER
Ken Harycki, Mayor
Attest:
By:
Diane Ward, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of May, 2012, by Ken Harycki,
the Mayor, and attested to by Diane Ward, the City Clerk, on behalf of the City of Stillwater, a municipal
corporation, Grantor(s).
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
THIS INSTRUMENT WAS DRAFTED BY
David T. Magnuson ( #66400)
Magnuson Law Firm
324 Main Street South, Suite 260
Stillwater, MN 55082
651/439-9464
SIGNATURE OF PERSON TAKING
ACKNOWLEDGMENT
Tax Statements for the real property described in
this instrument should be sent to:
Stillwater City Clerk
Stillwater City Hall
216 North Fourth Street
Stillwater, MN 55082
EXHIBIT A
Parcel 3:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 30 NORTH, RANGE 20 WEST,
WASHINGTON COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 28 MINUTES 29 SECONDS EAST,
BEARINGS ORIENTED TO WASHINGTON COUNTY COORDINATE SYSTEM, ALONG THE NORTH LINE OF
SAID SOUTHWEST QUARTER 1075.07 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF
STILLWATER BOULEVARD NORTH (C.S.A.H. 5); THENCE SOUTH 32 DEGREES 49 MINUTES 23 SECONDS
WEST ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE 47.32 FEET; THENCE SOUTH 89 DEGREES 28
MINUTES 29 SECONDS EAST PARALLEL WITH SAID NORTH LINE 119.84 FEET; THENCE SOUTH 00
DEGREES 58 MINUTES 10 SECONDS EAST A DISTANCE OF 43.27 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00 DEGREES 58 MINUTES 10 SECONDS EAST, A DISTANCE OF 196.98 FEET;
THENCE SOUTHERLY 226.42 FEET ALONG A TANGENTIAL CURVE, CONCAVE TO THE WEST HAVING A
RADIUS OF 606.62 FEET AND A CENTRAL ANGLE OF 21 DEGREES 23 MINUTES 08 SECONDS TO A
NORTHEASTERLY LINE OF LOT 7, BLOCK 1, STILLWATER MARKETPLACE 4TH ADDITION; THENCE
SOUTH 69 DEGREES 35 MINUTES 02 SECONDS EAST ALONG SAID LINE, NOT TANGENT TO LAST
DESCRIBED CURVE, A DISTANCE OF 0.76 FEET TO THE WESTERLY LINE OF MARKET DRIVE; THENCE
NORTHERLY 248.57 FEET ALONG A NON - TANGENTIAL CURVE, CONCAVE TO THE WEST HAVING A
RADIUS OF 402.00 FEET AND A CENTRAL ANGLE OF 35 DEGREES 25 MINUTES 42 SECONDS AND A
CHORD THAT BEARS NORTH 17 DEGREES 02 MINUTES 41 SECONDS EAST; THENCE NORTH 00 DEGREES
40 MRIUTES 10 SECONDS WEST, TANGENT TO LAST DESCRIBED CURVE, A DISTANCE OF 180.84 FEET;
THENCE WESTERLY 35.89 FEET ALONG A NON - TANGENTIAL CURVE, CONCAVE TO THE NORTH HAVING
A RADIUS OF 740.00 FEET, A CENTRAL ANGLE OF 2 DEGREES 46 MINUTES 43 SECONDS AND A CHORD
THAT BEARS NORTH 82 DEGREES 59 MINUTES 36 SECONDS WEST, TO THE POINT OF BEGINNING.
REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
'' w t r
Tot E14TMf EFCE of H{MKEEITA
REVISED AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 Fourth Street North
May 15, 2012
7 :00 P.M. AGENDA
APPROVAL OF MINUTES
1. Possible approval of May 1, 2012 regular and recessed meeting minutes.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
2. Library Board Update
3. Proclamation — Miss Vicki Bliss
4. Certificate of Appreciation - Don Fixmer
7:00 P.M.
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the
meeting agenda. The Council may take action or reply at the time of the statement or may give .direction to staff
regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your
comments to 5 minutes or less.
STAFF REPORTS
5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Dev. Director
9. Public Wks Dir /City Engr. 10. Finance Dir. 11. City Attorney 12. City Administrator
CONSENT AGENDA (ROLL CALL)"
13. Resolution 2012 -077, directing payment of bills
14. Resolution 2012 -078, approving the 2012 - 2013 Grant Agreement for Municipal Recycling Grant
Distribution with Washington County
15. Possible approval of temporary liquor license for St Mary's Catholic Church — September 9, 2012
16. Resolution 2012 -079, approval of name change for Stillwater Brewery to Staples Mill Brewing Company
17. Resolution 2012 -080, approval of transfer of Wine & Strong Beer License from The Chefs Gallery to
Cooks of Crocus Hill
18. Possible approval of fireworks permit for Target
19. Possible approval of Curb Masters bid to install Mulberry Point curb and gutter
20. Possible approval of Herzog Engineering bid to design the foundation plan for the Lowell Park
Bathroom renovation and obtain quotes for soil borings.
PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
21. This is the date and time for a public hearing to consider the appeal of a decision made by city staff related
to the definition of "fence height" located at 626 5th Street North. Notices were mailed to affected property
owners and published in the Stillwater Gazette on April 20, 2012. (Continued from May 1, 2012 meeting).
22. Case No. 2011 -24. This is the date and time for a public hearing to consider a request from the City of
Stillwater amending the City's Demolition Ordinance, Chapter 34 of the Stillwater City Code. Notices
were published in the Stillwater Gazette on May 4, 2012. (First Reading Ordinance — Roll Call)
23. This is the date and time to consider an appeal from Terry O'Brien of an Order of Abatement for the
property located at 1220 4th Avenue South. Notices were mailed to affected property owners and
published in the Stillwater Gazette on May 4, 2012. (Resolution — Roll Call)
UNFINISHED BUSINESS
24. Discussion on Fire Station /Armory — 35% design
25. Discussion on City Hall Campus /Substation
26. Bids for Construction Manager
NEW BUSINESS
27. Possible approval of Dermco- LaVine bid for tennis court resurfacing (Resolution — Roll Call)
28. Possible approval of Signature Lighting bid for Lily Lake ball field lighting improvements and negotiate
to improve lighting for Northland Park tennis courts and hockey rink (Resolution —Roll Call) .
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
COMMUNICATIONS/REQUESTS
COUNCIL REQUEST ITEMS
29. Yellow Ribbon update
STAFF REPORTS (CONTINUED)
ADJOURNMENT
** All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one
motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which
event, the items will be removed from the consent agenda and considered separately.
RESOLUTION 2012 -077
DIRECTING THE PAYMENT OF BILLS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota,
that the bills set forth and itemized on Exhibit "A" totaling $423,244.33 are hereby
approved for payment, and that checks be issued for the payment thereof. The complete
list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected
upon request.
Adopted by the Council this 15th day of May, 2012.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION #2012 -077
Ace Hardware
Action Rental, Inc.
Aramark Uniform Services, Inc
Aspen Mills
AT &T
Avenet Web Solutions LLC
BCA /CJTE
Board of Water Commissioner
Brock White Co. LLC
Carquest Auto Parts
CATCO Parts and Service
CDW Government, Inc.
Century Power Equipment
Clifton LarsonAllen LLP
Cole Papers
County Materials Corporation
Electric Fire & Security
Element Materials Technology
Emergency Automotive Technologies, Inc
Fastenal Company
Fury Dodge Chrysler
Glaser Stuart
Gopher State One Call, Inc.
Grafix Shoppe
HD Supply Waterworks, Ltd.
Heritage Embroidery & Design
I- State Truck Center
Lake Elmo Oil, Inc
Lakeview Hospital
League of Minnesota Cities
Loffler Companies, Inc.
Mac Queen Equipment Inc.
Marshall Electric Company
Menards
Metropolitan Council
Metropolitan Mechanical Contractors, Inc.
Minnesota Wanner Co.
Mondor LTEE /LTD
Moody's Investors Service
Murphy David & Lynne
Office Depot
Plaisted Companies
Plant Health Associates
Repair Parts
Liquid propane, 1001b
Mats, Uniforms & Towels
Uniform
Telephone
Web Hosting
Training
WAC Charges & Driveway covers
Asphalt
Equipment repair supplies
Equipment repair supplies
Memory
Repair supplies
Financial Staement Audit & Prep
Janitorial supplies
Pedestrian Walkway & repairs
Annual Fire Alarm System Inspection
Lowell park improvements
Equipment repair supplies
Supplies
2009 Dodge Charger repair
Reimburse for expenses
Billable tickets
Graphics for motorcycles
Lily Lake
Jackets for Resale
Repair sweeper coolant system
Propane
Legal blood draws
Directory of MN City Officials
Telephony Labor
Pipe
Equipment & building repair
Supplies
Billable tickets
Building repair
Gauges & hose
Team Jackets
Capital outlay refunding bonds
Partial reimbursement of annexation
Office supplies
Lowell Park improvements
1/1/12 - 4/30/2012 billing for Tree Sery
683.05
158.18
704.97
99.20
126.16
1,000.00
100.00
2,972.32
6,587.98
505.43
48.98
125.68
22.93
15,000.00
3,356.65
1,900.94
569.64
877.00
205.44
707.71
995.25
40.00
565.70
319.91
538.65
174.76
1,079.27
88.61
250.00
54.61
62.50
64.87
3,753.70
922.50
118,817.34
3,476.88
166.99
519.01
11,500.00
960.60
233.63
280.00
500.00
EXHIBIT "A" TO RESOLUTION #2012 -077
Lightbulbs
Page 2
Primary Products Co.
Exam gloves
123.92
Rosenbauer Firefighting Technology
Stillwater Door Logos
300.00
Ruffridge Johnson Equip. Co.
Mats
80.06
Safe Step LLC
Saw cut for street project
2,439.40
South Central College
Fire School
320.00
Sport Systems Unlimited Corp.
Dasher Boards
98,129.95
Sprint PCS
Cell Phone
88.11
St. Croix Tree Service Inc.
Tree & stump removal
491.62
Stillwater & Oak Park Heights CVB
Lodging tax
22 1 160.40
Stillwater Motor Company
Vehicle repair
613.89
Stillwater Rotary Club
Membership Dues 2nd qtr
365.00
Stillwater Towing
Towing
373.56
Streicher
Ammo
1,732.23
Sun Newspapers
Publications
264.60
SW /WC Service Cooperatives
Retirees & Cobra health insurance
51,889.30
T.A. Schifsky & Sons, Inc.
Tack oil, fine asphalt
804.17
Thomson Reuters
Guide to preparing gov fin stmts
203.00
Toll Gas & Welding Supply
Maintenance agreement
10.17
Twin City Garage Door Co.
Reset garage door
220.00
Uniforms Unlimited, Inc
Supplies
914.68
Valley Trophy Inc.
Retirement plaque
118.90
Washington County License Center
License tab renewals
50.70
Washington County Sheriffs Office
1st qtr MDC
5,250.00
Yocum Oil Company
Fuel
10,327.60
Larry Hansen CC for March and April
Bell Industries Repairs for boat 205.58
Government Training Service Conference 225.00
Grandview Lodge Conference 388.42
Paypal Cell phone batteries 33.61
LIBRARY
1000 Bulbs
Lightbulbs
390.12
Baker & Taylor
Library materials
99.76
BWI
Library materials
11272.52
Brodart
Library materials
21007.09
Embury Ltd.
Capital - shelving
11633.77
Greater Stillwater Chamber of Commerce
Membership
145.00
Howe, Lindy
Misc. supplies
41.60
Midwest Tape
Audiovisual materials
614.17
NAC
Maintenance agreement
1845.76
Petrie, Angela
Summer reading books
30.60
Raptor Center
Program
47.00
EXHIBIT "A" TO RESOLUTION #2012 -077 Page 3
Recorded Books Replacement audiobook 6.95
St. Paul Pioneer Press Periodical 273.00
Security Response Maintenance contract 155.67
Washinton County Library Processing supplies 79.00
Xcel Energy Utilities 3,419.28
ADDENDUM
Century Link
Telephone
142.07
Magnuson Law Firm
Professional services
5,751.83
Minnesota Fire Service Certification Board
Firefighter cert exam
225.00
Software House
Samsun Monitor
158.00
Xcel
Electric & Gas
25,084.72
Zayo
Telephone
580.51
TOTAL 423,244.33
Adopted by the City Council this
15th Day of May, 2012
killwAter
THE BIRTHPLACE OF MINNESOTA
Memo
To: Mayor and Council
From: Tim Moore, Assistant Public Works Superintendentel, M
Date: May 11, 2012
Re: Mulberry Point Curb and Gutter
DISCUSSION
Staff has received 2 quotes to install 890' of 8612 Curb and Gutter around the circle at Mulberry Point.
Quotes were from Curb Masters for $12,712.70 and Valley Concrete, Inc. for $22,150.00. Curb Masters
is a sub on the Pedestrian Plaza constructing the flat work. This contractor has installed curb and gutter
on several street projects in the past and the city has had no problems with their quality and
performance. This project will be paid from the Lowell Park Capital Improvement Fund.
RECOMMENDATION
The City Council should review and approve the hiring of Curb Masters to install curb and gutter at
Mulberry point.
1
a r
THE BIRTHPLACE OF MINNESOTA
Memo
To: Mayor and Council
From: Tim Moore, Assistant Public Works Superintendent ' , IA,
Date: May 11, 2012
Re: Lowell Park Bathroom Renovation
BACKGROUND
Lowell Park improvements are under way and going well. At the March 6, 2012, Council meeting staff
was instructed to begin the process of renovating the Lowell Park Bathrooms. Three proposals were
received from Herzog Engineering, SEH and Havtek Structural Consulting LTD to design footings, walls
and wood frame roof. This will include structural drawings and specifications, foundation plan, roof
framing plan, detail sheet and shop drawing review. Herzog Engineering from Minneapolis submitted
the best proposal at $4200, which also includes site visits and general coordination during construction.
Herzog estimates that it would take two weeks to complete the design. We would also like to get
approval for borings to test the soil conditions around the existing bathroom. Staff estimates that this
would not exceed $4000.
DISCUSSION
The schedule will be as follows:
1. Obtain soil borings for design of the bathroom foundation
2. Design of the bathroom foundation from soil boring results
3. Apply for a variance with the City and DNR for a structure in the Flood Plain
4. RFP and select Architect to design building and prepare plans and specifications and bid
documents
S. Secure contractors and begin construction
RECOMMENDATION
The City Council should review and approve the hiring of Herzog Engineering to design the foundation
plan for the renovation of the Lowell Park Bathrooms and approval to obtain quotes for soil borings.
M
Administration
MEMORANDUM
TO: Mayor & Council
FROM: Diane Ward, City Clerk
SUBJECT: Washington County Property Records Technology and
Information Subscription Agreement
Attached is an agreement with Washington County for property records and information. We
have had this agreement in place since 2009; however with the enhancements that the new site
will provide the County is requesting an approval of the new agreement.
RECOMMENDATION:
Staff uses this feature quite often in its research and recommends that the Council approve the
agreement
ACTION REQUIRED:
Pass a motion adopting resolution entitled "Approving Washington County Property Records
Technology and Information Subscription Agreement"
RESOLUTION 2012 - 083
APPROVING WASHINGTON COUNTY PROPERTY RECORDS
TECHNOLOGY AND INFORMATION SUBSCRIPTION AGREEMENT
BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the
Washington County Property Records Technology and Information Subscription Agreement is
hereby approved and authorizes the Mayor and City Clerk to sign the agreement.
Adopted by the City Council of the City of Stillwater this 15th day of May, 2012.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
� ,NGTOIy
Washington
County a
`a'anTn- motet'°
May 15, 2012
Dear Customer,
Property Records and Taxpayer Services
Jennifer Wagenius
Director
We are excited to announce the upcoming implementation of RecordEASE, our new property records
and web interface system, on Monday, June 18. Our new website will have many enhanced features,
including:
• Document images including Certificates of Title, plats, historical tracts, and all historical
documents that have been imaged;
• Expanded search types, including the ability to sort results and export to a spreadsheet;
• Faster response time; and
• Escrow account balance information (future enhancement).
In order to facilitate this change, all contracts for current website subscribers are cancelled effective
Monday, June 18, 2012. To maintain uninterrupted access, a new contract must be executed and
received in our office by Monday, June 4. Since this change occurs mid - month, we will waive the June
monthly fee for the current and new system (all other fees will apply). The required documents are
attached for your convenience.
Important notice regarding the current website: Access to the system will terminate on Friday,
June 15, at 12:00 p.m. Central Daylight Savings Time (CDST). All document email copy fees accumulated
from June 1 -15 will be charged to your escrow account at that time. The new system will be operational
on Monday, June 18, at 8:00 a.m. CDST. All fees accumulated from June 18 -30 will be deducted from
your escrow account on July 2.
We look forward to continuing to serve your needs. If you have any questions, they may be directed to
651- 275 -7065.
Regards,
Kathy Cunnien
Washington County
Property Records Division
Government Center • 14949 62nd Street North, P.O. Box 6, Stillwater, Minnesota 55082 -0006
Phone: 651 -430 -6175 • Fax: 651 - 430 -7060 • TTY: 651 - 430 -6246
www.co.washington.mn.us
Equal Employment Opportunity/ Affirmative Action
Washington
J z�
County
Property Records and Taxpayer Services
Jennifer Wagenius
Director
RECORDEASE REMOTE ACCESS AUTHORIZATION FORM
Please fill out and return with the signed contract to:
Washington County
PRTS — Property Records Division
1494962 "d Street North, P.O. Box 6
Stillwater, MN 55082 -0006
For questions call: (651) 275 -7065
Customer Name:
Street Address:
City:
Telephone #:
Contact Name:
Contact Email:
State: Zip:
Fax #: ( )
Additional Users:
Name: Email Address:
Name: Email Address:
Name: Email Address:
Note: User IDs and passwords will be issued once the contract has been processed.
Authorized Signer:
Title:
Date:
Washington a /��NC'�Z Property Records and Taxpayer Services
�' County * , Jennifer Wagenius
'• Director
Instructions for Record EASE Web Subscription Service
Thank you for your interest in our updated online property records system for Washington County.
Your subscription will enable you to search our recorded documents without having to visit our
physical location. To subscribe to this service, please follow the steps below:
1. On page 1 of the agreement, type or print in your company name and address.
2. On page 8, section J, type or print in your contact information.
3. On page 9, sign and date the agreement. The agreement must be signed by a company officer
or individual who has the authority to bind your organization to this agreement. All
signatures must be original. We will not accept photocopied, scanned, or stamped signatures.
4. Mail the signed agreement along with the Remote Access and Escrow Authorization Form. If
you do not currently have an escrow account, then you will also need to return the Escrow
Account Setup /Authorization Form along with a deposit. Send the completed forms to:
Washington County
PRTS — Property Records Division
1494962 d Street North, P.O. Box 6
Stillwater, MN 55082 -0006
For questions call: (651) 275 -7065
Upon receiving your signed agreement and authorization form(s), we will process your request. Once
your request has been approved, we will contact you via email with your user ID(s) and password(s).
The email will also include system requirements for using the system. Tip sheets on how to conduct
searches will be located within the system.
We look forward to working together and providing expanded access to our information. If you have
any questions, please don't hesitate to contact us. Inquires can be directed to:
recorder@co.washini;ton.mn.us.
Washington
County a
WASHINGTON COUNTY PROPERTY RECORDS
TECHNOLOGY AND INFORMATION SUBSCRIPTION AGREEMENT
THIS AGREEMENT is between the COUNTY OF WASHINGTON, a political subdivision of
the State of Minnesota ( "COUNTY "), and (insert full legal name and mailing address)
( "SUBSCRIBER ");
The parties hereto agree as follows:
SUBSCRIPTION
COUNTY hereby grants to SUBSCRIBER a nonexclusive, nontransferable, limited license to
access Land Record Information provided by COUNTY, including but not limited to land
records, index information, images of recorded documents and Torrens Certificates of Title
( "Information "), as accessed through a web application developed through the authority contained
in Minnesota Statutes § 375.85, including but not limited to any computer programs, applications,
web applications, utilities, middleware, hardware, and/or other related technology ( "Application ")
(hereinafter the Information and Application may collectively be referred to as the "System "). As
applicable, references herein to SUBSCRIBER shall include SUBSCRIBER's personnel,
including but not limited to directors, officers, employees, subcontractors, partners, personnel,
volunteers and all other agents and representatives directly or indirectly connected to
SUBSCRIBER or performing services on behalf of SUBSCRIBER, as well as SUBSCRIBER'S
parents, subsidiaries and affiliates and their personnel (hereinafter collectively referred to as
"Personnel "). SUBSCRIBER agrees that it will be responsible for any breach of this Agreement
by Personnel.
PASSWORDS
Only Personnel performing under a written agreement which acknowledges the individual's
obligations hereunder may be authorized to use the System. SUBSCRIBER shall identify
authorized users eligible to receive an Application password. SUBSCRIBER shall safeguard,
protect and keep private and secure all access passwords given to SUBSCRIBER. Neither
SUBSCRIBER nor SUBSCRIBER'S personnel shall release passwords to any unauthorized
individual. SUBSCRIBER agrees to be responsible for any and all damages caused as a result of
unauthorized use of the access password(s) by any authorized or unauthorized individual.
Each authorized user shall be assigned a unique password. Only identified users may use their
assigned password. SUBSCRIBER shall immediately notify COUNTY of Personnel no longer
employed or affiliated or acting on behalf of SUBSCRIBER, whereupon COUNTY shall
inactivate applicable passwords. New Personnel must get a new password. Sharing a password
is a violation of this Agreement for which COUNTY may immediately terminate this Agreement
without any refund of the subscription fee.
TERMS AND CONDITIONS OF USE
Access to and use of the Application and Information is subject to the terms and conditions
contained in this Agreement, COUNTY's then current computing environment security policies
and the terms and conditions of use posted on COUNTY's internet site ( "Terms of Use ").
COUNTY reserves the right to change, amend or modify any and all Terms of Use without notice
to SUBSCRIBER. Any such change, modification or amendment shall be effective upon posting
on COUNTY's internet site. By accessing and continued use of the Application and/or
Information, SUBSCRIBER agrees to be bound and abide by the then current Terms of Use.
SUBSCRIBER is solely responsible for accessing the System, retrieving applicable information
and managing the information including the costs of accessing, retrieving and storing the same
(as applicable).
SUBSCRIBER shall acquire no right, title or interest in the Application or any Information.
SUBSCRIBER may use the Application and Information exclusively for SUBSCRIBER's
internal business which may include internal searching, referencing and displaying of the
Information. SUBSCRIBER shall establish and maintain safeguards against unauthorized access
to Information. SUBSCRIBER shall use, control and safeguard the Information in compliance
with the terns of this Agreement and the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13 (MGDPA). SUBSCRIBER agrees that neither SUBSCRIBER nor any
SUBSCRIBER Personnel shall use, disclose, sell, market, distribute or otherwise make available
the Information during the tern of this Agreement or at any time thereafter except as required by
law or with COUNTY's express written consent. The terms of this provision shall survive
cancellation and/or termination of this Agreement.
SUBSCRIBER shall not access the Information by any means other than the Application
including but not limited to scraping, robots, wanderers, crawlers, spiders, etc. (as those terms are
understood in the information technology community).
COUNTY reserves the right, in its sole discretion, to suspend or terminate SUBSCRIBER's
access to the Application and Information at any time for any reason without prior notice or
liability.
RESERVATION OF RIGHTS
SUBSCRIBER acknowledges and agrees that the System is a creative selection, coordination,
arrangement and/or method of arrangement which is identified as being subject to copyright
and/or patent protection. As between the parties, SUBSCRIBER agrees that COUNTY owns and
reserves all rights, protection and benefits afforded under intellectual property law, including but
not limited to copyright, patent, trade secret and other laws related to proprietary rights.
SUBSCRIBER will abide by all relevant laws, rules, regulations and decisions which afford
protection to COUNTY for the same.
By subscribing hereunder, SUBSCRIBER acknowledges and agrees that (i) it has requested
enhanced remote access from COUNTY, within the meaning of Minn. Stat. § 13.03, subd. 3(b),
to certain data developed, generated, compiled and stored by COUNTY; (ii) the information, both
in its raw and enhanced form, contemplated and provided to SUBSCRIBER pursuant to this
Agreement has commercial value within the meaning of Minn. Stat. § 13.03, subd. 3(d); (iii) the
System is a creative selection, coordination, arrangement and/or method of arrangement of data
which is identified as being subject to copyright and/or patent protection; (iv) the System is
developed computer software under Minn. Stat. § 375.85; and (v) access to both the Information
and the Application has been enhanced in order to provide this service because COUNTY does
not provide the public internet access to the Application or the Information or the Application's
functionality, the System is available beyond normal COUNTY business hours, COUNTY has
had to develop the technological means to provide remote access that is different and unique in
comparison to how data is stored and accessed in the normal course of its governmental
operations and the Information has been enhanced to a format that allows secure access through a
web -based application.
FEES FOR ACCESS AND SERVICE.
As payment for the System, SUBSCRIBER shall pay the amounts set forth in Exhibit 1.
COUNTY reserves the right to change, amend or modify any and all pricing terms pursuant to
applicable law. Any such change, modification or amendment shall be effective for the next
billing period after the change is posted on COUNTY's internet site. By accessing and continued
use of the Application and/or Information, SUBSCRIBER agrees to be bound and abide by the
then current pricing terms.
PAYMENT
The SUBSCRIBER shall maintain an escrow account for payment of all charges. Upon the
commencement of each billing cycle, the SUBSCRIBER's escrow account shall be reduced by
the amount of all applicable charges as set forth in Exhibit 1. Charges are exclusive of sales, use
and other taxes, which are the responsibility of the SUBSCRIBER. If such payment is
unavailable in the SUBSCRIBER's escrow account, the SUBSCRIBER's remote access to the
COUNTY's database may be discontinued. SUBSCRIBER shall arrange and be responsible for
its own internet, ISP and other connection and communication charges.
7. PRIVACY STATEMENT: TENNESSEN WARNING
SUBSCRIBER acknowledges and agrees that to facilitate service and access to data, under Minn.
Stat. § 13.05, subd. 12, SUBSCRIBER has agreed to provide certain identifying information.
SUBSCRIBER further acknowledges and agrees that any such information is provided
voluntarily and that COUNTY may not require disclosure, but that refusal to disclose means that
the requested service cannot be provided.
COUNTY respects the privacy of its subscribers. Therefore, except as provided herein,
COUNTY does not intend to monitor, edit, or disclose the content of any email or other
communication with COUNTY through the System unless necessary in the course of normal
maintenance and operation of the System, or unless required to do so by law or in the good faith
belief that such action is necessary to (i) comply with the law or comply with legal process served
on COUNTY; (ii) protect or defend the rights or property of COUNTY, including but not limited
to administration of the terms of this Agreement; or (iii) to further legitimate law enforcement
investigations or efforts. SUBSCRIBER remains solely responsible for the information provided
through the System, regardless of the content of the information.
All personal information collected by COUNTY is on a voluntary basis through data entry by
SUBSCRIBER, System functionality or use of a registration form completed by SUBSCRIBER.
COUNTY logs IP addresses, passwords, usage and other data related to SUBSCRIBER's use of
the System for system administration, operation, troubleshooting, compliance, contract
administration and other COUNTY business related purposes. Generally, this information is
collected through "traffic data" and may entail the use of IP addresses, passwords, other numeric
codes used to identify your computer, web logs, request/response data or other data tracking
SUBSCRIBER's Application and Information activity.
DATA PRACTICES
SUBSCRIBER, its officers, agents, owners, partners, employees, volunteers and subcontractors
shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and
implementing regulations, if applicable, and all other applicable state and federal laws, rules,
regulations and orders relating to data privacy or confidentiality. SUBSCRIBER agrees to
defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and
volunteers from any claims resulting from SUBSCRIBER's officers', agents', owners', partners',
employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such
protected data, or other noncompliance with the requirements of this section. SUBSCRIBER
agrees to promptly notify COUNTY if it becomes aware of any potential claims, or facts giving
rise to such claims, under the MGDPA. The terms of this section shall survive cancellation or
termination of this Agreement.
RECORDS — AVAILABILITY /ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, SUBSCRIBER
agrees that the County, the State Auditor, the Legislative Auditor or any of their authorized
representatives, at any time during normal business hours, and as often as they may reasonably
deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any
books, documents, papers, records, etc., which are pertinent to the accounting practices and
procedures of SUBSCRIBER and involve transactions relating to this Agreement.
SUBSCRIBER shall maintain these materials and allow access during the period of the
Agreement and for six (6) years after its termination or cancellation.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
COUNTY IS PROVIDING THE APPLICATION AND INFORMATION ON AN AS -IS BASIS
WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF
MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO
WARRANTY OF NON - INFRINGEMENT, NO WARRANTY REGARDING THE USE OF
THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE
PERFORMANCE OF THE APPLICATION, THE CODE, COMPUTERS OR COMPUTER
SYSTEMS RELATED TO THE APPLICATION, THE COMMUNICATION OR
CONNECTION TO THE APPLICATION, THAT THE APPLICATION WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE APPLICATION IS FREE OF HARMFUL CODE. SUBSCRIBER fully understands and
agrees that (i) the Application is subject to errors, omissions, delays or interruptions; and
(ii) COUNTY may modify or change the Application or Information in a manner that may impact
or restrict SUBSCRIBER's access. In any such event, the COUNTY will not be liable for the
cost of such changes or damages which may be sustained by SUBSCRIBER.
WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE
ACCURACY, COMPLETENESS, TIMELINESS OR THE CORRECT SEQUENCING OF THE
INFORMATION OR THAT DEFECTS WILL BE CORRECTED. SUBSCRIBER fully
understands and agrees that, except for COUNTY's proprietary documents (i) the Information is
provided by third - parties; (ii) COUNTY merely records and stores the Information; and
(iii) COUNTY is not responsible for the content of the Information. SUBSCRIBER fully
understands and agrees that the Information is subject to errors, omissions, delay or interruptions,
including but not limited to (i) delays, errors or omissions in the receipt of the Information,
(ii) changes, adjustments, corrections or modifications of the Information and (iii) that COUNTY
may make modifications, changes and/or adjustments to the Information at anytime and without
notice to SUBSCRIBER.
IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF
BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF
THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
COUNTY'S SOLE LIABILITY AND SUBSCRIBER'S SOLE AND EXCLUSIVE REMEDY
FOR ANY DAMAGES RELATED TO THIS AGREEMENT OR FOR ANY BREACH OF
THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR
APPLICATION OR INFORMATION NONPERFORMANCE, ERRORS OR OMISSIONS,
SHALL BE LIMITED TO RESTORING OR CORRECTING THE APPLICATION OR
INFORMATION AS IS REASONABLY POSSIBLE UNDER THE PERTINENT
CIRCUMSTANCES.
SUBSCRIBER agrees to defend, indemnify, and hold harmless the COUNTY, its officials,
officers, agents, volunteers and employees from any liability, claims, causes of action, judgments,
damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or
indirectly from any act or omission of SUBSCRIBER, a subcontractor, anyone directly or
indirectly employed by them, and /or anyone for whose acts and/or omissions they may be liable
in the performance of the services required by this Agreement, and against all loss by reason of
the failure of SUBSCRIBER to perform any obligation under this Agreement.
11. TERMINATION
A. There shall be deemed to be a breach of this Agreement:
(1) If SUBSCRIBER defaults, breaches or fails to comply with any term or
condition, duty or obligation, expressly or impliedly contained herein.
(2) If SUBSCRIBER fails to use, control and safeguard the Information or any
password.
(3) If SUBSCRIBER sells, assigns, shares, otherwise transfers this Agreement, the
Application, the Information, any passwords, or any other rights, duties or
obligations hereunder or attempts to do any of the aforesaid or permits any of the
aforesaid to be done by anyone.
B. In the event of SUBSCRIBER's breach of this Agreement, as herein defined:
(1) COUNTY may immediately cancel this Agreement.
(2) SUBSCRIBER shall be liable for all costs, damages and losses incurred by
COUNTY on account of said breach and/or also in canceling or terminating this
Agreement.
(3) All sums due and to become due hereunder, at COUNTY's option, shall become
payable forthwith.
(4) COUNTY may also enforce specific performance of the applicable covenants of
this Agreement by appropriate legal proceedings, as well as any other remedy
herein provided. Should any legal proceedings be instituted by COUNTY to
recover any monies due or to become due hereunder, and/or to recover other
damages sustained by COUNTY on account of such breach, SUBSCRIBER shall
pay a reasonable sum as attorney's fees as ordered by the court.
C. In the event SUBSCRIBER fails to duly and promptly perform any of its obligations
under the provisions of this Agreement, COUNTY, at its option, may immediately, or
any time thereafter, perform the same for the account of SUBSCRIBER without waiving
such default, and any amount paid or expense or liability incurred by COUNTY in such
performance, together with interest thereon at the highest maximum rate permitted by
applicable law until paid by the SUBSCRIBER to COUNTY, shall be payable by
SUBSCRIBER upon demand.
D. This Agreement may be cancelled with or without cause by either party giving thirty (30)
days' prior written notice thereof to the other party. In the event of cancellation without
cause by SUBSCRIBER, COUNTY shall not be obligated to refund any Subscription
fees paid.
E. Upon expiration or termination of this Agreement, SUBSCRIBER shall, automatically
and without further action by COUNTY, terminate and extinguish SUBSCRIBER's right
to access or use the Application and the Information. Unless otherwise directed by
COUNTY, SUBSCRIBER shall return or irretrievably destroy the passwords.
F. Pursuant to COUNTY's written permission, SUBSCRIBER may continue to use duly
accessed Information after expiration of the term of this Agreement solely in the regular
course of SUBSCRIBER'S internal business which may include internal searching,
referencing and displaying of the Information. Upon said written permission,
SUBSCRIBER shall use, possess, safeguard and control the Information in compliance
with the terms of this Agreement and COUNTY may exercise all rights and remedies
herein in addition to any other right or remedy available by law, statute, rule and/or
equity.
G. This Agreement, System access and all passwords may be immediately terminated by
COUNTY if, in the sole discretion of COUNTY, SUBSCRIBER fails to comply with any
term or condition of this Agreement.
12. RIGHTS AND REMEDIES
No right or remedy of COUNTY hereunder shall be exclusive of any other right or remedy herein
or by law, statute or equity provided, but each shall be cumulative and in addition to every other
right or remedy, and shall be deemed to be continuing, none of which shall be exhausted by being
exercised on one or more occasion and may be enforced concurrently or from time to time.
SUBSCRIBER acknowledges and agrees that unauthorized disclosure or use of the Application
and/or Information or any part thereof could cause irreparable harm and significant injury to
COUNTY, which may be difficult to measure with certainty or to compensate through damages.
Accordingly, SUBSCRIBER agrees that COUNTY may seek and obtain against SUBSCRIBER
and/or any other person or entity injunctive relief against the breach or threatened breach of the
foregoing undertakings, in addition to any other equitable or legal remedies which may be
available.
13. OTHER TERMS AND CONDITIONS
A. No oral agreement, guarantee, promise, condition, representation or warranty shall be
binding; all prior conversations, agreements or representations related hereto are
integrated herein, and no modification hereof shall be binding unless in writing and
signed by COUNTY.
B. This Agreement shall be governed by and construed under the laws of the State of
Minnesota. Washington County shall be the appropriate venue and jurisdiction for any
litigation arising hereunder, except that venue and jurisdiction in the Federal Courts shall
be in the appropriate Federal Court within the State of Minnesota. If any provision is held
invalid, illegal, or unenforceable, the remaining provisions will not be affected.
C. It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of joint ventures or co- partners
between the parties hereto or as constituting SUBSCRIBER as the agent, representative
or employee of COUNTY for any purpose or in any manner whatsoever.
D. COUNTY's failure to insist upon strict performance of any covenant, agreement or
stipulation of this Agreement or to exercise any right herein contained shall not be a
waiver or relinquishment of such covenant, agreement, stipulation or right unless the
COUNTY consents thereto in writing. Any such written consent shall not constitute a
waiver or relinquishment of the future of such covenant, agreement, stipulation or right.
E. SUBSCRIBER may not transfer or assign any rights or interest in this Agreement, in
whole or in part, to any other person or entity, including but not limited to any other
person/entity that acquires, directly or indirectly any interest in SUBSCRIBER. The
COUNTY reserves the right to cancel this Agreement immediately upon such an
occurrence or to require the acquiring person/entity to promptly become a signatory to
this Agreement by amendment or other document so as to assure the full performance of
this Agreement.
F. SUBSCRIBER and COUNTY intend that this Agreement will not benefit or create any
right or cause of action in or on behalf of any person or entity other than the Parties.
G. By executing this Agreement and subscribing to this service, SUBSCRIBER becomes a
party to this Agreement and is legally bound by all of its terms and conditions, without
exception. In subscribing to this service, SUBSCRIBER has voluntarily provided certain
information that allows COUNTY to identify and contact SUBSCRIBER. Failure to
keep SUBSCRIBER's contact information current may result in discontinuance of
service.
H. This document is a legally binding contract. SUBSCRIBER represents that it has actual
authority to enter into this Agreement to bind the respective entities or person with whom
it is legally associated to the terms and conditions herein contained. Prior to entering this
Agreement SUBSCRIBER has the right to seek advice from legal counsel. By entering
into this Agreement, SUBSCRIBER represents that it has either sought such legal advice
or knowingly and voluntarily waived its right to obtain such advice prior to entering into
this Agreement.
I. All items that are referenced or attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and referenced
or attached items, the terms of this Agreement shall prevail. Except as provided
otherwise herein, any alterations, variations, modifications, or waivers of provisions of
this Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties.
Any notice or demand which must be given or made by a party under this Agreement or
any statute or ordinance shall be in writing, and shall be sent registered or certified mail.
Notices to COUNTY shall be sent to:
Washington County Recorder
14949 62nd Street North, P.O. Box 6
Stillwater, MN 55082 -0006.
Notices to SUBSCRIBER shall be sent to:
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
SUBSCRIBER APPROVAL
Title:
The person signing this Agreement on behalf of SUBSCRIBER
has full authority to bind said SUBSCRIBER to the terms and
conditions contained herein.
I
Dated:
WASHINGTON COUNTY RECORDER APPROVAL
County Recorder or other authorized official
Dated:
EXHIBIT 1
WASHINGTON COUNTY PROPERTY RECORDS
TECHNOLOGY AND INFORMATION SUBSCRIPTION AGREEMENT
RecordEASE Web Fee Schedule
Monthly Subscription Fee*
Search Fee
View Recorded Documents
View Certificates of Title (Torrens)
View Tract Page
View Tract Card
View Recorded Plat
$30.00 per individual user
$0.50 per search
$1.50 per document
$2.50 per certificate
$2.50 per tract
$2.50 per tract
$5.00 per plat
*The monthly subscription fee is charged whether or not the system is accessed during the month.
10
A RESOLUTION APPROVING DESIGN SERVICES
FOR NEW FIRE STATION
WHEREAS, on December 6, 2011 the City Council approved on a 4 — 1 vote a
motion to proceed with design work for a new fire station; and
WHEREAS, the specific action approved on December 6, 2011 was to spend up
to $180,000 in the completion of 35% of the design work for the fire station, further that
the design work would be completed under the same contract as would be entered into for
design services for the new Army National Guard Readiness Center; and
WHEREAS, upon receiving proposals, interviewing potential design teams and
negotiating a contract, the National Guard learned that the cost for doing the 35% design
work for the Fire Station would be $296,377.50; and
WHEREAS, the cost for doing the 35% design work for the City's portion of the
road that serves the fire station will be $16,200.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the expenditure of $312,577.50 to complete 35% of the design
work for the fire station and roadway servicing it.
Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of May,
2012.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, Clerk
A RESOLUTION APPROVING
CONSTRUCTION MANAGEMENT SERVICES
FOR NEW FIRE STATION
WHEREAS, on December 6, 2011 the City Council approved on a 4 — 1 vote a motion
to proceed with design work for a new fire station; and
WHEREAS, in April of 2012 the Stillwater Fire Chief requested bids and proposals for
construction management services to represent the City during pre - construction design as well as_
during construction of the new fire station; and
WHEREAS, three bids were received, the most favorable of which was from Kraus -
Anderson Construction Company for 2% of construction cost, which would be a total fee of
$130,000 if construction costs are equal to the $6,500,000 estimate; and
WHEREAS, Kraus- Anderson would charge nothing to assist the City in its pre -
construction meetings for project design, unless the City does not construct the fire station, in
which case the project design assistance would cost the City $17,000; and
WHEREAS, by November 20, 2012 the City Council will decide whether to proceed
with construction of the new fire station, if the decision is to construct the station Kraus- Anderson
would provide the construction management services, if the decision is not to construct Kraus -
Anderson would then be paid $17,000 for its pre - construction project design services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby authorizes City staff to enter into a contract with Kraus- Anderson Construction
Company for construction management services at a total fee of 2% of construction cost.
Enacted by the City Council of the City of Stillwater, Minnesota this 15'x' day of May, 2012.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, Clerk
, l
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ter
THE BIRTHPLACE OF MINNESOTA
11
To: Mayor and Council
From: Tim Moore, Assistant Public Works Superintendent "'T, vo, "
Date: May 11, 2012
Re: 2012 Court Resurfacing
Staff has received 2 quotes to resurface courts at Lily Lake, Staples Field, Benson Park, Northland Park
and Ramsey Grove Park. Dermco - Lavine submitted a quote for $40,605.00 and the Tennis Court Doctor
for $55,290.00. The City Budgeted $45,000.00 in 2012 for court resurfacing. This project will be paid
from Parks Capital Outlay.
RECOMMENDATION
The City Council should review and approve the hiring of Dermco- LaVine for 2012 court resurfacing.
L Nater
� �-- - - -�- 7
THE 81NTHPLACE OF MINNESOTA
Memo
To: Mayor and Council
From: Tim Moore, Assistant Public Works Superintendent
Date: May 11, 2012
Re: Lily Lake Ball Field Lighting Improvements
BACKGROUND
The existing Lily Lake ballfield light system is constructed from schedule 40 PVC conduit. Over the past
few years the system has started to fail with the conduit moving from exposure to weather. This has
increased maintenance cost and created a system that is not reliable.
DISCISSION
I have received 2 quotes to upgrade the system with Electrical Metallic Tubing (EMT) galvanized
conduit. Signature Lighting submitted the low quote for $8658.00. Signature Lighting has performed
work for the city in the past on maintenance and new construction and has performed very well.
Because Northland Park tennis court and hockey rinks lights were installed in the same manner, I am
requesting to negotiate with the contractor to add Northland to this project. It is estimated that this
cost would be no more $6000. The city has budgeted $20,000.00 for light improvements at Lily Lake for
2012. This project will be paid from the Parks Capital Outlay.
RECOMMENDATION
The City Council should review and approve the hiring of Signature Lighting for Lily Lake Ballfields and
negotiate with Signature Lighting to improve the lighting at Northland Park tennis courts and hockey
rink.
agN "E Minnesota Department of Transportation
Mail Stop 120
395 John Ireland Boulevard
OFp Saint Paul, MN 55155
May 4, 2012
Washington County
1494962 nd Street North
Stillwater, MN 55082
City of Oak Park Heights
14168 Oak Park Boulevard N.
P. 0. Box 2007
Oak Park Heights, MN 55082
Dan Gavin
Chair, Town of St. Joseph
1337 County Road V
Hudson, WI 54016
Re: St. Croix River Crossing Schedule
Wisconsin Department of Transportation
Northwest Region
718 W. Clairemont Avenue
Eau Claire, WI 54701
City of Stillwater
216 Fourth Street North
Stillwater, MN 55082
City of Bayport
Bayport City Hall
294 North Third Street
Bayport, MN 55003
Tim Ramberg
St. Croix County Highway Commissioner
920 Third Street
P.O. Box 108
Hammond, WI 54015
Dear County Commissioner, Mayor or City Councilmember:
The St. Croix River Crossing Project, with the passage of the federal legislation, has quickly moved
into the implementation and construction phase. We are committed to working with each of the
Cities and County as partners and look forward to working closely with you and your staff through
the successful construction of this project. As a part of this process we have been and will
continue to meet with residents and businesses to communicate anticipated impacts and work to
minimize those impacts to the greatest extent possible. A business liaison has been established to
enhance this communication and coordination effort. This letter is to update you and your staffs
on the accelerated project schedules for this project:
An Equal Opportunity Employer
St. Croix River Crossing Schedule
May 4, 2012
Page 2
Proposed Schedule:
• Spring 2012: Issue "Notice and Orders" to all utility owners
• Spring 2012 (Late May): Start of Load Testing contract to verify foundation design of river
bridge
• Early summer of 2012: Submit "Construction Plans" to each city
• Late summer of 2012: Issue Request for Qualifications (RFQ) for the MN approach Design -
Build (DB) Contract
• Early fall of 2012: Issue Request for Proposals (RFP) to qualified DB teams for MN approach
• Early in 2013: Award contract for the MN approach to the selected DB Team
• Spring of 2013: Start reconstruction of the Minnesota roadway approach
• Fall of 2013: Project Letting of river bridge construction contract
• Fall 2014: Substantial completion of the MN approach
• Spring of 2015: Start of work on Wisconsin roadway approach
• Fall of 2016: Substantial completion (roadways and bridges open to traffic) of the project
• 2017: Final Project completion, Landscaping, Lift Bridge Conversion Project, other
Note: the schedule at this point is preliminary and will be refined as we move forward.
As mentioned above, the MnDOT will be using a "Design Build" delivery method for the Minnesota
approach roadways. The "Construction Plans" will be submitted to each city early this summer
and will be in accordance with the plan and documents that will be submitted to prospective
bidders; they will be complete, easy to follow and in accordance with 2007 District Court ruling for
Oak Park Heights and the MN Statute 161.166 for Stillwater and Bayport. Washington County will
also receive a package for their use.
If you have any questions, please contact Jon Chiglo at 651/366 -4826 or Dave Solberg at
715/833 -5366.
Sincerely,
JoYnh ig lo, P. E.
MnDOT Project Director —St. Croix Crossing
Minnesota Department of Transportation
Cc: Senator Lillie
Senator Vandeveer
Commissioner Sorel
�' a
David Solberg, P.E.
WisDOT Project Manager — St. Croix Crossing
Wisconsin Department of Transportation
Representative Lohmer
Scott McBride
4g'gageg
... �......... ff ■.......
AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 Fourth Street North
May 15, 2012
REGULAR MEETING
7:00 P.M. AGENDA
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
1. Possible approval of May 1, 2012 regular and recessed meeting minutes.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
2. Library Board Update
3. Proclamation — Miss Vicki Bliss
4. Certificate of Appreciation - Don Fixmer
OPEN FORUM
7:00 P.M.
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the
meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff
regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your
comments to 5 minutes or less.
STAFF REPORTS
5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Dev. Director
9. Public Wks Dir /City Engr. 10. Finance Dir. 11. City Attorney 12. City Administrator
CONSENT AGENDA (ROLL CALL)"
13. Resolution 2012 -077, directing payment of bills
14. Resolution 2012 -078, approving the 2012 — 2013 Grant Agreement for Municipal Recycling Grant
Distribution with Washington County
15. Possible approval of temporary liquor license for St Mary's Catholic Church — September 9, 2012
16. Resolution 2012 -079, approval of name change for Stillwater Brewery to Staples Mill Brewing Company
17. Resolution 2012 -080, approval of transfer of Wine & Strong Beer License from The Chefs Gallery to
Cooks of Crocus Hill
18. Possible approval of fireworks permit for Target
PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
19. This is the date and time for a public hearing to consider the appeal of a decision made by city staff related
to the definition of "fence height" located at 626 5th Street North. Notices were mailed to affected property
owners and published in the Stillwater Gazette on April 20, 2012. (Continued from May 1, 2012 meeting).
20. Case No. 2011 -24. This is the date and time for a public hearing to consider a request from the City of
Stillwater amending the City's Demolition Ordinance, Chapter 34 of the Stillwater City Code. Notices
were published in the Stillwater Gazette on May 4, 2012. (First Reading Ordinance — Roll Call)
21. This is the date and time to consider an appeal from Terry O'Brien of an Order of Abatement for the
property located at 1.220 4th Avenue South. Notices were mailed to affected property owners and
published in the Stillwater Gazette on May 4, 2012. (Resolution — Roll Call)
UNFINISHED BUSINESS
22. Discussion on Fire Station/Armory — 35% design
NEW BUSINESS
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
COMMUNICATIONS/REQUESTS
COUNCIL REQUEST ITEMS
23. Yellow Ribbon update
STAFF REPORTS (CONTINUED)
ADJOURNMENT
All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one
motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which
event, the items will be removed from the consent agenda and considered separately.
A - i I a er
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CITY COUNCIL MEETING MINUTES
May 1, 2012
REGULAR MEETING
Mayor Harycki called the meeting to order at 4:30 p.m.
Present: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Absent: Councilmember Cook
Staff present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
4:30 P.M.
Stillwater Township Board Supervisors Hiniker, Johnson, Countryman, Untiedt, and Beane
STAFF REPORTS
Mayor Harycki suggested that staff provide their reports prior to the workshop with Stillwater
Township.
Police Chief Gannaway noted that May 13 -19 was National Police Week, with May 15
designated as Law Enforcement Memorial Day. He stated Washington County would again be
hosting a ceremony commemorating Law Enforcement Memorial Day and invited
Councilmembers and residents to participate in the remembrance. He provided statistics
regarding the number of law enforcement officers killed in the line of duty.
Fire Chief Glaser informed the Council and residents that the Fire Department, in conjunction
with Regions Hospital EMS, would be hosting a car seat safety clinic at City Hall on May 22; he
provided information on how to make appointments. He also noted that the fire boat is ready to
be put in service, and that there would be a check presentation ceremony with Firemen's Fund
Insurance on May 17. He added that the department had received over $13,000 from Firemen's
Fund Insurance, with an additional $5,000 from the Margaret Rivers Fund, and $1,000 from the
Stillwater Elk's Club. He provided photos of the refurbished craft and statistics regarding its
operational capabilities. Chief Glaser pointed out that there was no City budget dollars involved,
all refurbishing was done with grant funds and volunteer manpower, and the boat was received
as part of the federal excess property program.
Public Works Director Sanders provided an update on Lowell Park improvements. He informed
the Council that soil has been brought in and grading has begun in the north part of the Park. He
explained that grading is being done up to the future elevation, so there will be some difference
City Council Meeting
May 1, 2012
of elevation between the parking lot and berm until reconstruction of the parking lots is
completed. He added that about two - thirds of the irrigation system has been installed. He noted
work on the gazebo has been delayed due to the river levels. He acknowledged Washington
County's loan of equipment for the grading.
Supervisor Johnson thanked Mr. Sanders and staff for the work done at the Town Hall parking
lot.
OTHER BUSINESS
Workshop with Stillwater Township Board
a) Discussion of Fairy Falls Hill detachment/annexation policy
It was noted that Stillwater Township supervisors were present in their official capacity for the
workshop session; roll call was not taken.
Community Development Director Turnblad reviewed a pending annexation request for the
Murphy property in the Fairy Falls neighborhood that prompted this discussion. Mr. Turnblad
noted the Planning Commission had approved the annexation request on a split vote, along with
a request that the City Council and Town Board discuss a possible annexation policy for the
neighborhood due to a concern that this request could lead to other annexation requests, which
would result in leap -frog development/annexation. Mr. Turnblad referred to his memo of policy
discussion points, which suggested that the Town Board/Council consider limiting the potential
annexation area to the few properties bounded by Fairy Falls Road to the north, and Orwell
Avenue to the west.
Supervisor Countryman indicated that she thought this was a logical approach. Supervisor
Untiedt expressed concern about how to justify denying other requests. David Johnson,
Stillwater Township Supervisor, spoke of the existing policy in the Orderly Annexation
Agreement which allows annexation of properties that are contiguous to the City and that the
City agrees to accept. He noted the original request was to split the property, leaving the original
homestead in the Township and creating a new lot that might be annexed to the City. Mr.
Johnson stated when the Township first heard and approved the request to seek annexation to
the City, the Board did not think this would be part of a bigger picture; he added that the bigger
picture is what should be focused on and whatever policy is eventually agreed upon needs to be
fair and reasonable in both directions.
There was discussion of a recent request to detach from the City to the Township that was
denied. Mr. Johnson spoke of discussions during the original drafting of the Orderly Annexation
Agreement, which suggested that some properties that lend themselves to Township governance
should perhaps be moved from the City to the Township. He explained that in those early
discussions, it was also suggested that Highway 96 should be the ultimate boundary between
City and Township. He recalled a petition being circulated in the neighborhood in question with
all but one property owner in support of detachment to the Township. Supervisor Countryman
pointed out that she thought the proposed annexation boundaries seem logical.
Supervisor Untiedt asked about the justification for accepting the Murphy property and how that
justification could be applied to the property at 9154 Fairy Falls Road. Councilmember
Menikheim noted there is a policy in place and suggested that a requirement that a property be
contiguous to the City, and desire by the property owner, might be the best justifications for
making such decisions.
Page 2 of 13
City Council Meeting
May 1, 2012
Mayor Harycki asked about the Town Board's view moving forward after 2015, the critical date
in the Orderly Annexation Agreement.
On a question by City Administrator Hansen, Public Works Director Sanders described that
when the City did the North Hill sewer project, it did design for some extension of the system
going north, primarily to serve the Orwell Court area, but nothing beyond that vicinity. Mr.
Sanders suggested the City could possibly serve the properties at 9090, 9098 and 9154 Fairy
Falls Road, but nothing beyond. Mr. Sanders added that in the northwest quadrant of the City,
the sewer is not sized to accommodate future expansion.
Supervisor Hiniker suggested that if the policy is based on the will of the people and what body
a property is contiguous to, then there are two properties in the area in question that would come
into the Township.
There was discussion of the ramifications of the 2015 date in the Orderly Annexation
Agreement, and City Attorney Magnuson stated the agreement provides that after January 1,
2015, the City may by resolution annex any of the remaining phase 4 properties, which includes
property between Highway 96 and County Road 15. He indicated that according to statute,
platted properties are not eligible for detachment from the City, which is why those properties in
the Orwell Court area were not detached in the past. Mr. Turnblad also pointed out those
properties that currently receive City services, water and sewer, would not be approved for
detachment.
b) Discussion regarding property recently detached from Lake Elmo and annexed to
Stillwater Township
Supervisor Johnson stated the Township took a neutral position on this request. He pointed out
that the property owners have made no secret of the fact that they see the appropriate use of the
property as commercial. He further stated the Township understands it will simply be a holding
spot for that property until it is determined where that property should ultimately go. He
explained that there are some arguments that would say the property should logically go to Oak
Park Heights due to proximity and the potential for providing services to the property. Mr.
Johnson suggested the City may want to weigh in on upcoming decisions to have some
influence over the future development of the property that is viewed as a gateway to the City.
c) Discussion on status and future of the Orderly Annexation Agreement
There was discussion as to possible benefits of extension of the Agreement and the Joint Board
process. Supervisor Johnson thought there were significant advantages to the discipline orderly
annexation has imposed on both communities, and that there would be benefit to some
process /mechanism that provides future opportunity for dialogue and disciplined discussion in
the areas of planning.
Mayor Harycki suggested the next step might be for the two communities to direct staff to look
at an extension of the agreement, without identifying any future phases, perhaps tying the
expiration date to the Metropolitan Council's 10 -year plan. Mr. Johnson pointed out that the
current agreement provides for it to survive until 2020 protecting property owners specifically in
areas of tax adjustments. He also would encourage the communities to look at the concept of
having a continuing mechanism for dialogue that has some discipline /structure to it.
Discussion reverted back to the Murphy annexation request. Supervisor Untiedt suggested the
Murphy annexation is key to any long -term annexation policy, especially if Highway 96 is
agreed to as an ultimate boundary. Supervisor Johnson explained that he thought the Murphy
Page 3 of 13
City Council Meeting
May 1, 2012
annexation is a different case, and that the policy of the Township and Orderly Annexation
Agreement was clearly to provide property owners with flexibility to request or not request
annexation based on contiguousness and City acceptance. Supervisor Hiniker added that he
thought the Murphy annexation should be denied because of precedence it might set.
Supervisor Countryman spoke in favor of approving the request because infrastructure is
available and the property is contiguous, as required by the policy in place.
Councilmember Menikheim spoke in favor of extending the Orderly Annexation Agreement in
some form, and regarding the Murphy request, he spoke of the cost of extending services, and
that he didn't think now was the time to do that.
Councilmember Polehna spoke of the work facing the City with the annexation of property
already agreed upon and questioned the benefit of approving the Murphy request. He also
agreed with the need for continued cooperation between the two communities.
Councilmember Roush stated he was leaning against the requested annexation as he likes clean
borders, rather than piecemeal annexations.
Mayor Harycki expressed concern that approval might be paving the way for additional requests
in that area.
Motion by Councilmember Polehna, seconded by Councilmember Roush, to deny the Murphy
annexation request. All in favor.
Regarding the issue of the possible extension of the Orderly Annexation Agreement process,
Supervisor Johnson noted there appears to be consensus to do that in some form. He suggested
that the City and Town planning staff should be involved in developing such an extension. Mr.
Johnson asked whether the Township's involvement in the planning process for the annexation
area would automatically end at 2020, and City Attorney Magnuson responded that he thought
the intent was to give all those properties in the annexation area 5 -years tax relief and the
opportunity to have the Township involved in ultimate zoning of the parcel, with the 5 -year
period based on the actual date of annexation. It was noted that issue could be addressed in the
document extending the agreement.
Mayor Harycki suggested a motion to direct staff to begin working with the Township to
develop some form of extension for the Annexation Agreement. Councilmember Polehna noted
the agreement is already in place until 2020 and many things could change between now then.
City Attorney Magnuson expressed that the biggest challenge the City and Town will face is
with the properties that will be annexed at the late date, and that perhaps an extension could
develop a framework to deal with those properties.
Supervisor Untiedt noted the public perception is that the agreement ends in 2015 so anything
that can be done to clarify that would be good.
Motion by Councilmember Roush, seconded by Councilmember Menikheim, to direct staff to
address the Orderly Annexation Agreement with Stillwater Township for possible future extension.
All in favor.
Supervisor Johnson asked for input regarding his suggestion that the City may want to take an
active interest in the ultimate development of the property recently detached from the City of
Lake Elmo. Mayor Harycki and Councilmember Polehna both spoke in favor of taking an
active interest in that process.
Page 4 of 13
City Council Meeting
May 1, 2012
Community Development Director Turnblad pointed out that what is being suggested is the
opportunity to put some use and design controls in place before it can be annexed by another
municipality. Mr. Turnblad also suggested that staff could begin outlining policy issues for the
property to be brought to the Council and to a joint meeting, if necessary.
Supervisor Johnson related a concern about a recycling operation in the detached area that has
been allowed to expand beyond the rules of the original conditional use permit, and that the
Town Board is encouraging Washington County to take the lead in determining what is actually
occurring there.
It was decided to schedule joint workshops on a more regular basis, perhaps every six months.
City Administrator Hansen was asked to add that to the Council's work plan.
Councilmember Polehna noted the Township would be contacted regarding possible
participation in funding for an expanded basketball /volleyball facility at the new armory.
Councilmember Roush noted the Joint Cable Commission is currently in the process of
negotiating the refranchising process; he suggested input from the Township regarding
requested services would be welcome and should be provided by the end of the calendar year.
The Council meeting was recessed at 5:55 p.m.
RECESSED MEETING
Mayor Harycki called the recessed meeting to order at 7 p.m.
Present: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Absent: Councilmember Cook
Staff present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
7:00 P.M.
Members of the Fire Department led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Menikheim, seconded by Councilmember Roush, to approve the
April 17, 2012, regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Fire Chief Glaser presented a plaque to retiring Assistant Chief Rob Zoller recognizing his 30+
years of service to the City. Chief Glaser acknowledged Mr. Zoller's many efforts related to fire
Page 5 of 13
City Council Meeting
May 1, 2012
prevention and fire safety education. Mr. Zoller expressed his thanks to his family, fellow
firefighters, City Council and staff for their support over the years.
Chief Glaser provided information on a new product available to prevent/extinguish grease fires.
Presentation and discussion for North Hill Community Garden
Public Works Director Sanders introduced the request to develop a community garden at the site
of the former basketball court at Staples Field. He reported that staff has met with the organizers
on several occasions to discuss concerns, and noted the organizers also have appeared before the
Parks Commission.
Jack Roddy and Ann DeLaVergne gave a presentation outlining the proposal highlighting the
benefits of a community garden, details of the site and design of the proposed garden beds,
planning process and support, and proposed schedule for opening and work events, pending
Council approval.
There was discussion of availability of water. Mr. Sanders noted there is a water main on Aspen
Street and service would have to be provided to the garden site. He explained that there have
been discussions about the garden organization purchasing the materials, with City staff to
provide the labor.
Ms. DeLaVergne acknowledged the support of Friends of Stillwater Parks and River Market
Community Coop.
Mr. Roddy talked about the construction of the raised beds. He noted that people are willing to
put their own money into building the garden, and that it is his understanding that the City will
own whatever is built at the site. He added that the garden plots will be open to everyone, on a
first -come, first - served basis yearly. He also indicated that there is a lot of support from people
who don't want a plot, but who want to be involved in the effort in some way.
Mayor Harycki asked about the process for assigning the plots, and Mr. Roddy answered that
the garden group would do the assigning on a first -come, first - served basis. Mr. Roddy added
that the organization has an elected treasurer and provisions have been made so no one will be
denied access to a plot due to inability to pay the fee.
Councilmember Roush questioned whether a lottery system might be a more equitable way to
assign plots, suggesting that folks in the inner- circle might have an advantage of knowing when
to submit applications. Mr. Roddy agreed that might be true for the first year, but they anticipate
that if all members sign up for a plot, there will still be some remaining to be assigned. Mr.
Roddy described how the effort started and the efforts made to publicize the garden.
Ms. DeLaVergne pointed out that she thinks this effort will show the need for more community
gardens in the City, and also noted there is some space available at the Meadowlark Community
Garden on County Road 15, so there is the ability to offer more garden space than would be
currently available at this site.
Councilmember Polehna reported that the Parks Commission had conducted a public hearing on
the proposal, and the neighborhood, with the exception of one resident, was very supportive of
the plan. He also expressed a concern about the method of assigning plots; he noted the site is
public property and he would not be in favor of limiting the use to a certain group of people.
City Attorney Magnuson pointed out the proposed license agreement for the use of the land
provides that the North Hill Community Garden "shall develop a fair and. open process for
Page 6 of 13
City Council Meeting
May 1, 2012
gardener selection, availability of garden plots should be widely advertised and distribution of
plots should be equitable and on a first -come, first- served basis."
Mayor Harycki referred to the new members clause which states the organization must follow a
"transparent membership process, open to all." Mayor Harycki also suggested the process might
be "tweaked" after the first year, and Mr. Roddy replied that everyone is open to that. Mr.
Roddy noted the group hasn't been able to extensively publicize /advertise the availability of the
plots due to the uncertainty of ultimate City approval. He also noted they have not been able to
do any fund- raising or accept any money due to the uncertainty of approval.
Ms. DeLaVergne encouraged folks watching the meeting to contact them about organizing a
community garden in their area, and provided contact information. Ms. DeLaVergne also noted
that the goal is to get people to walk to the gardens, rather than drive, as a means of promoting
healthy lifestyles as well as building community.
There was discussion of the organizational structure, and City Attorney Magnuson pointed out
that it would be better if the group had some sort of legal entity so officers could be elected,
with a president who could sign the agreement with the City. Mr. Roddy noted at present there
is only one elected official, a treasurer. Mr. Magnuson spoke of potential liability issues and
suggested that incorporation limits liability, noting that a simple set of articles would provide
some legal formality.
Councilmember Roush asked about fees, and Ms. DeLaVergne responded that fees would be
used for the materials to build the raised beds, compost, soil, etc. She noted fees would pay for
everything that would be built at the site, which becomes City property. She added that if
approved by the Council, there is a grant pending from Friends of Stillwater Parks.
Mr. Roddy stated it will cost about $7,500 to build the gardens and fill with compost. He
reported that the group requested about $4,000 from Friends of Stillwater Parks in order to keep
the fee for a 9 x 9 plot at about $80 for the first year, and that fees would drastically decline in
subsequent years.
Councilmember Roush asked if charter members understand that if they don't get a plot next
year, they can't remove the materials used to construct the initial raised plot. Mr. Roddy
confirmed that understanding.
Ms. DeLaVergne stated that it is important in community gardens to have a core group of
people who continue to provide continuity within the garden, so new members are welcomed
and understand the rules and process, and added that it would be important to have a core group
of people every year.
Motion by Councilmember Polehna, seconded by Mayor Harycki to approve the license agreement
as presented, but expressed that he would like the membership process provided to City staff to
ensure the process is fair and equitable.
Councilmember Roush asked that the motion be amended to include that the selection be via
lottery after the first year, and on a question by Councilmember Roush about the terms of the
Agreement, Mr. Magnuson responded that the agreement has an indefinite term, but is
terminable at the will of the City. Mr. Magnuson further explained that the garden reservation
form should be considered part of the license agreement.
Public Works Director Sanders stated that staff wanted two agreements, one between the garden
group and the City, and another for garden membership, outlining the role of the individual
Page 7 of 13
City Council Meeting
May 1, 2012
gardeners. Mr. Sanders pointed out the license agreement could be changed to be a yearly
agreement.
Councilmember Roush expressed that he would vote for the agreement if it stated selection in
year two and beyond is by lottery. In discussion, it was noted that could be reflected in next
year's agreement if the Council chooses. The motion was restated.
Motion by Councilmember Polehna, seconded by Mayor Harycki, to adopt Resolution 2012 -072,
approving License to use real property, with the change that the agreement is to be renewed
annually.
Ayes: Councilmembers Menikheim, Polehna and Mayor Harycki
Nays: Councilmember Roush
OPEN FORUM
Rachel Nelson, 4624 2 1/2 St. N.E., Fridley, City Attorney for local business owner, Yassin
Wazwaz, spoke about the proposed paraphernalia ordinance under consideration by the Council.
She felt this is a widely misunderstood issue and stated she is part of a team of City Attorneys
challenging similar ordinances across the state. She stated such ordinances are unconstitutional
and discriminatory. Ms. Nelson described alternative forms of tobacco that are smoked in a
hookah or other form of pipe. She also talked about the use of herbs that are smoked using the
types of pipes that would be controlled by the proposed ordinance. She suggested by targeting
the items in the proposed ordinance, the City would be discriminating against people of Middle
Eastern descent and targeting people outside of the mainstream culture. She pointed out that
there are legal and realistic reasons people would want to purchase the items that would be
banned by the ordinance. She stated that should the City pass the proposed ordinance, legal
action would be forthcoming.
CONSENT AGENDA
1. Resolution 2012 -068, Directing the Payment of Bills
2. Resolution 2012 -069, Commending various Board & Commission members for their
service to the community
3. Resolution 2012 -070, Approving deferral of payment for subdivision of property at
1221 North Broadway
4. Possible approval of application for sale of fireworks — Dollar Tree, 2070 Market Drive
5. Possible approval of temporary liquor license — St. Michael's Church, May 20, 2012
6. Resolution 2012 -071, Approval of Change Order #3 Main Street Pedestrian Walkway
Public Restroom
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the
Consent Agenda as presented.
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
PUBLIC HEARINGS
This is the date and time for a public hearing to consider the appeal of a decision made by city sta
related to the definition of "fence height" located at 626 5th Street North. Notices were mailed to
Page 8of13
City Council Meeting
May 1, 2012
affected property owners and published in the Stillwater Gazette on April 20, 2012. Will be opened
and continued to May 15, 2012 meeting)
Mayor Harycki noted it has been requested this case be continued to the May 15 meeting.
Mayor Harycki opened the public hearing.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to continue the
hearing until May 15.
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Mayor Harycki closed the public hearing.
UNFINISHED BUSINESS
Possible approval of second reading of Ordinance 1046, an ordinance to create and enact Section
52-17 of the Stillwater City Code relatinp to drug paraphernalia
City Attorney Magnuson stated there have been no changes since the first reading of the
ordinance. He noted the proposed ordinance adopts a number of definitions from Chapter 152 of
the Minnesota Statutes, a state law related to paraphernalia, and he added that the balance of the
ordinance is almost verbatim from the ordinance adopted by the City of Moorhead, which was
challenged and upheld in federal court. Mr. Magnuson indicated that the intent is to control
objects that are designed for use ingesting and inhaling marijuana, cocaine, hashish or hashish
oil into the human body, and to control these types of illegal substances and the propagation and
promotion of anything that facilitates that. He reported that Stillwater is not the only community
that has moved to this area as a way of protecting the public health.
Mayor Harycki wondered whether the City is obligated to provide for the operation of a tobacco
store. Mr. Magnuson answered that he thought there was a chance the City could eliminate all
tobacco; Mayor Harycki suggested perhaps the City should look at that.
Motion by Councilmember Menikheim, seconded by Councilmember Roush, to adopt Ordinance
1046, an ordinance to create and enact Section 52-17 of the Stillwater City Code relating to drug
paraphernalia.
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Beekeeping Standards and Regulations
Community Development Director Turnblad relayed that he had looked at other cities'
standards and regulations for beekeeping, as requested at the last Council meeting, and reported
that an inquiry to the Minnesota City and County Managers' Association resulted in 16
responses: five of the responding cities allowed beekeeping with a variety of standards and
regulations; nine did not allow beekeeping; and two had no ordinance in place. He indicated that
a matrix of regulations was included in the agenda packet.
On a question by Mayor Harycki, Mr. Turnblad answered that the requirement for the provision
of a convenient source of water. Mayor Harycki expressed that he liked the City of
Minneapolis' ordinance and the requirement for neighbors' consent. Mr. Turnblad noted
Minneapolis is most restrictive in that requirement, requiring consent of 80% of neighbors
within 100 feet of the property lines, and all immediately abutting neighbors.
Page 9 of 13
City Council Meeting May 1, 2012
Mayor Harycki asked Mr. Turnblad if he had any preference for one of the ordinances, and he
replied that if the discussion begins at the Planning Commission, the Commission would look at
the various options and try to decide which ones are most appropriate for Stillwater. Mr.
Turnblad added he thought beekeeping and urban farming were definitely issues that
communities across the country are becoming more interested in and is an issue worth
examining.
Bob Sitko, 10th Street North, spoke of the connection with the recently approved community
garden and the importance of bees in pollination.
Councilmember Menikheim was encouraged by what he saw with the community garden — the
efforts, process, work, and cooperation with the City and suggested that beekeepers take a
similar approach.
Mayor Harycki suggested referring the issue to the Planning Commission, and Mr. Turnblad
expressed that if beekeepers in the area have certain standards they believe in strongly, either for
or against, they should make that known before the issue gets to the public hearing stage.
Motion by Mayor Harycki, seconded by Councilmember Menikheim to refer this item to the
Planning Commission to take a look at the ordinance.
Ayes: Councilmembers Menikheim, Polehna, and Mayor Harycki
Nays: Councilmember Roush
NEW BUSINESS
Possible approval of Rivertown Art Festival Event & Contract — May 18 -20 2012 — Chamber
City Clerk Ward noted that the costs listed in the proposed contract agreement were based on
the original application. She stated that Community Development Director Turnblad has had
additional discussions with the event sponsors.
Mr. Turnblad talked about the parking fee, noting that the original proposal was for a fee of
$3,627, which covered three days in three parking lots, one of which is a pay lot. He added that
the proposal has been revised so the pay lot is not included, which reduces the fee considerably.
Mr. Turnblad indicated that staff would also suggest that one of the days be considered a non -
weekend day due to the current construction activity, resulting in a recommended fee of
$547.50.
City Clerk Ward reviewed the other recommended fees and stated that the fees presented are
based on the application presented to the City, noting that the fee for City services may be
reduced or increased based on actual usage.
Chamber Director Todd Streeter briefly addressed the Council.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution
2012 -073, approving 2012 Rivertown Art Festival Agreement.
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval of Stillwater Omnium and Contract (event approved April 3, 2012)
In was noted that the event was previously approved by the Council.
Page 10 of 13
City Council Meeting
May 1, 2012
City Attorney Magnuson pointed out that many of the provisions in the contract were taken
from the contract for the Stillwater Criterium bike race.
Councilmember Polehna suggested that the language regarding notification of property owners
be changed to require such notification, and Mr. Magnuson indicated that could be done.
Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution
2012-074, approving 2012 Stillwater Omniurn Agreement, with the change regarding notification.
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Consider acce pting a donation from the Stillwater Noon Rotary Club towards construction of the
pedestrian walkway's seating area
Community Development Director Turnblad reported that the Stillwater Noon Rotary Club has
voted to make a donation of $13,000 to the pedestrian walkway seating area in Lowell Park. He
added that the donation is the club's centennial project honoring the 100-year anniversary of
Rotary International. Mr. Tumblad indicated that a plaque would be placed somewhere in the
seating area acknowledging the contribution of Stillwater Noon Rotary.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution
2012-075, accepting donation from Stillwater Noon Rotary Club.
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval to purchase snow plows
Public Works Director Sanders reviewed the request, and noted that the purchase will add to the
efficiency of the snowplow operations. He pointed out that money is available in the budget.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the
purchase as presented. All in favor.
Possible approval to purchase unmarked squad car
Chief Gannaway reviewed the request and explained that the new vehicle would replace a
recycled forfeiture Trailblazer, utilized by the department, has 140,000 miles on it and is in need
of repairs estimated at $3,300. He reported that the vehicle replacement was included in the
2012 budget. Chief Gannaway noted a hybrid version of the recommended vehicle is available
for about $10,000 more.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the purchase
of the non-hybrid vehicle at a cost of $19,549.55. All in favor.
Possible appointment to Board of Water Commissioners
Clerk Ward stated George Vania has expressed willingness to serve another term on the Board.
Councilmember Menikheim spoke of Mr. Vania's expertise.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution
2012-076, Appointment of George Vania to Board of Water Commissioners.
Page 11 of 13
City Council Meeting May 1, 2012
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
COMMUNICATIONS /REQUESTS
Mayor Harycki noted that Sen. Franken would be hosting a college affordability resource event
at Stillwater Area High School on May 8th.
STAFF REPORTS (continued)
Finance Director Harrison pointed out that a proposed budget calendar was included in the
agenda packet. She asked the Council to consider some workshop dates, generally scheduled for
August. After brief discussion, it was decided to schedule the workshops for July 31 and August
21.
COUNCIL REQUEST ITEMS
Councilmember Roush indicated that the issue of a dog park would be coming before the
Council in the near future. He talked about a city -owned parcel on Shelton Drive that has not yet
been considered as a possible location for a dog park. He noted it is a wooded area, which
would help conceal the park. Councilmember Roush asked Community Development director
Turnblad if staff could be willing to present this location for consideration by the dog park
proponents.
Mr. Turnblad stated that currently there is an application for a special use permit being made to
the Joint Board. He pointed out that if the Joint Board denies the permit, the dog park
proponents will start the search process over again.
ADJOURNMENT
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 8:20
p.m. All in favor.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2012 -068, directing the Payment of Bills
Resolution 2012 -069, commending various Board & Commission members for their service
to the community
Resolution 2012 -070, a deferral of payment for subdivision of property at 1221 North
Broadway
Resolution 2012 -071, approval of Change Order #3 Main Street Pedestrian Walkway Public
Restroom
Page 12 of 13
City Council Meeting
May 1, 2012
Resolution 2012 -072, approving License to use real property
Resolution 2012 -073, approving 2012 Rivertown Art Festival Agreement
Resolution 2012 -074, approving 2012 Stillwater Omnium Agreement
Resolution 2012 -075, accepting donation from Stillwater Noon Rotary Club
Resolution 2012 -076, appointment of George Vania to Board of Water Commissioners
Ordinance 1046, an ordinance to create and enact Section 52 -17 of the Stillwater City Code
relating to drug paraphernalia
Page 13 of 13
Stillwater Public Library
224 Third St. N.
Stillwater MN 55082
651.275.4338
www.stillwaterlibrary.org
Release of 2012 Capital Funds — Part III
At its regular May meeting, the Board of Trustees passed a motion requesting the release of
funds from the library's 2012 capital budget for the following items from the library's 2012
capital budget plan.
System Software Upgrade
$2,400
We will perform a long- overdue software upgrade. We will move from MS Office Pro 2007 to
MS Office 2010 Pro on staff pc's and from MS Office 2007 to MS Office 2010 on public internet
pc's. Also, the file server will receive a Windows Server software upgrade, replacing the 2003
version.
One -Way Windows in Circulation Department $1,300
The library was to have opened in 2006 with one -way glass in the interior walls of the circulation
area. This was overlooked. One -way glass will allow staff members working in the staff
workroom to see patrons who need help waiting at the Circulation Desk, but would not allow
patrons to see the operations of materials handling or the delivery of new material.
HVAC System Repair
$3,041
A blower motor on the HVAC system and six contactors need replacement.
ON oI
'9f0waten, '- MIFIResota
nl nodamation
- WHEREAS, Vicki Bliss has dedicated herseCf to teaching our
preschool children here in Stillwater at the St. Croix Preschool for
the past 38 years; and
'WHEREAS, Miss 'Vicki has instilled in our youngest citizens a
Cove of learning, and so adeptCy prepared them for their next school
experience; and
'WHEREAS, Miss 'Vicki has, year after year, through her
teaching and by her example, fostered in our children cooperation,
kindness andrespect for others; and
`WHEREAS, Miss 'Vicki will be retiring May 25, 2012 from the
only job she had
NO'W, 'PHEREFORE, I, XEN HARYCXJ, by virtue of the
authority vested in me, as Mayor of the City of Stillwater, do hereby
proclaim
May 25, 2012 ".MISS "VICXI Daly"
�-Mayoa
illwater
THE BIRTHPLACE Of MINNESOTA
STILLWATER CITY
COUNCIL SERVICE AWARD
On behalf of a grateful city and upon the recommendation of leading citizens, the
Mayor and City Council hereby extend recognition and appreciation to
Don, gizinex
Jct exvice to die eitg of Stietwate4,
fououacdccotin uavcioto meetinco tot the &lot 25 gecvo,
and for outstanding service in support of the City of Stillwater's mission.
Ken Harycki, Mayor
Date of Recognition: May 15, 2012
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION #2012 -077
Ace Hardware
Repair Parts
683.05
Action Rental, Inc.
Liquid propane, 1001b
158.18
Aramark Uniform Services, Inc
Mats, Uniforms & Towels
704.97
Aspen Mills
Uniform
99.20
AT &T
Telephone
126.16
Avenet Web Solutions LLC
Web Hosting
1,000.00
BCA /CJTE
Training
100.00
Board of Water Commissioner
WAC Charges & Driveway covers
2,972.32
Brock White Co. LLC
Asphalt
6,587.98
Carquest Auto Parts
Equipment repair supplies
505.43
CATCO Parts and Service
Equipment repair supplies
48.98
CDW Government, Inc.
Memory
125.68
Century Power Equipment
Repair supplies
22.93
Clifton LarsonAllen LLP
Financial Staement Audit & Prep
15,000.00
Cole Papers
Janitorial supplies
3,356.65
County Materials Corporation
Pedestrian Walkway & repairs
1,900.94
Electric Fire & Security
Annual Fire Alarm System Inspection
569.64
Element Materials Technology
Lowell park improvements
877.00
Emergency Automotive Technologies, Inc.
Equipment repair supplies
205.44
Fastenal Company
Supplies
707.71
Fury Dodge Chrysler
2009 Dodge Charger repair
995.25
Glaser Stuart
Reimburse for expenses
40.00
Gopher State One Call, Inc.
Billable tickets
565.70
Grafix Shoppe
Graphics for motorcycles
319.91
HD Supply Waterworks, Ltd.
Lily Lake
538.65
Heritage Embroidery & Design
Jackets for Resale
174.76
I- State Truck Center
Repair sweeper coolant system
1,079.27
Lake Elmo Oil, Inc
Propane
88.61
Lakeview Hospital
Legal blood draws
250.00
League of Minnesota Cities
Directory of MN City Officials
54.61
Loffler Companies, Inc.
Telephony Labor
62.50
Mac Queen Equipment Inc.
Pipe
64.87
Marshall Electric Company
Equipment & building repair
3,753.70
Menards
Supplies
922.50
Metropolitan Council
Billable tickets
118,817.34
Metropolitan Mechanical Contractors, Inc.
Building repair
3,476.88
Minnesota Wanner Co.
Gauges & hose
166.99
Mondor LTEE /LTD
Team Jackets
519.01
Moody's Investors Service
Capital outlay refunding bonds
11,500.00
Murphy David & Lynne
Partial reimbursement of annexation
960.60
Office Depot
Office supplies
162.41
Plaisted Companies
Lowell Park improvements
280.00
Plant Health Associates
1/1/12 - 4/30/2012 billing for Tree Sery
500.00
EXHIBIT "A" TO RESOLUTION #2012.077 Page 2
Primary Products Co.
Exam gloves
Rosenbauer Firefighting Technology
Stillwater Door Logos
Ruffridge Johnson Equip. Co.
Mats
Safe Step LLC
Saw cut for street project.
South Central College
Fire School
Sport Systems Unlimited Corp.
Dasher Boards
Sprint PCS
Cell Phone
St. Croix Tree Service Inc.
Tree & stump removal
Stillwater & Oak Park Heights CVB
Lodging tax
Stillwater Motor Company
Vehicle repair
Stillwater Rotary Club
Membership Dues 2nd qtr
Stillwater Towing
Towing
Streicher
Ammo
Sun Newspapers
Zoning Text Amendment
SW /WC Service Cooperatives
Retirees & Cobra health insurance
T.A. Schifsky & Sons, Inc.
Tack oil, fine asphalt
Thomson Reuters
Guide to preparing gov fin stmts
Toll Gas & Welding Supply
Maintenance agreement
Twin City Garage Door Co.
Reset garage door
Uniforms Unlimited, Inc
Supplies
Valley Trophy Inc.
Retirement plaque
Washington County License Center
License tab renewals
Washington County Sheriff's Office
1st qtr MDC
Yocum Oil Company
Fuel
Larry Hansen CC for March and April
Bell Industries Repairs for boat
Paypal Cell phone batteries
Government Training Service Conference
Grandview Lodge Conference
LIBRARY
1000 Bulbs
Lightbulbs
Baker & Taylor
Library materials
BWI
Library materials
Brodart
Library materials
Embury Ltd.
Capital - shelving
Greater Stillwater Chamber of Commerce
Membership
Howe, Lindy
Misc. supplies
Midwest Tape
Audiovisual materials
NAC
Maintenance agreement
Petrie, Angela
Summer reading books
Raptor Center
Program
123.92
300.00
80.06
2,439.40
320.00
98,129.95
88.11
491.62
22,160.40
613.89
365.00
373.56
1,732.23
18.90
51,889.30
804.17
203.00
10.17
220.00
914.68
118.90
50.70
5,250.00
10,327.60
20558
33.61
225.00
388.42
390.12
99.76
1,272.52
2,007.09
1,633.77
145.00
41.60
614.17
1,845.76
30.60
47.00
EXHIBIT "A" TO RESOLUTION #2012-077
Recorded Books
St. Paul Pioneer Press
Security Response
Washinton County Library
Xcel Energy
Page 3
Replacement audiobook
6.95
Periodical
273.00
Maintenance contract
155.67
Processing supplies
79.00
Utilities
1
3,419.28
1AU1111111btl dtivil
May 8, 2012
TO: . Mayor and City Council
FROM: Diane Ward, City Clerk
SUBJECT: 2012 — 2013 Grant Agreement for Municipal Recycling Grant Distribution
Attached is the 2012-13 Washington County Grant Agreement for Municipal Recycling Grant
Distribution for 2 years, The funding formula provides three levels of funding: Base, Project,
and Incentive. Most communities, including the City of Stillwater, will receive base (recycling
containers in parks and City buildings, recycling coordinator professional services) and project
funding for waste reduction and recycling activities (education in the schools, City's Hazardous
Waste Day, Green Scene newsletter preparation etc.)
The City has applied for and been approved for Base and Project Grant funds. Approved
funding for 2012-2013 is $68,384.00 combined.
Recommendation
Staff recommends the city council adopt the attached resolution entitled, approving the 2012 —
2013 Grant Agreement for Municipal Recycling Grant Distribution with Washington County,
effective through December 31, 2013.
RESOLUTION 2012 -078
APPROVING THE 2012 — 2013 GRANT AGREEMENT FOR MUNICIPAL
RECYCLING GRANT DISTRIBUTION WITH WASHINGTON COUNTY
BE IT RESOLVED by the City Council of Stillwater, MN that the acceptance of the
2012 -2013 recycling grant distribution from Washington County, as on file with the City
Clerk is hereby approved and that the Mayor are authorized to execute the agreement on
behalf of the City of Stillwater
Adopted by the Stillwater City Council this 15'h day of May, 2012
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
2012-13
GRANT AGREEMENT
FOR
MUNICIPAL RECYCLING GRANT DISTRIBUTION
THIS AGREEMENT made and entered into by and between the County of Washington,
hereinafter referred to as the "County", and the City of Stillwater, 216 4h St N., Stillwater, MN
55082, hereinafter referred to as the "Grantee".
WHEREAS, the County desires to encourage and provide opportunities for residential
recycling to reduce the County's reliance on solid waste disposal facilities, and
WHEREAS, the Washington County Board of Commissioners has budgeted funds to be
used to further develop recycling projects in the County.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term:
The term of the Agreement shall be from the date this Agreement is approved by the
County to December 31, 2013.
2. The County's Obligations:
The County will pay the Grantee an amount of up to $68,384.00 which is to be used for
recycling program expenses in 2012 and 2013. Payment will be made in two
installments, one in 2012 and one in 2013. The 2012 payment will be made within 60
days of execution of this Agreement and the 2013 payment will be made within 60 days
of the county approving the 2013 Grant Application.
3. The Grantee's Obligations:
a. The Grantee agrees to follow their 2012 (Exhibit A) and 2013 Municipal
Recycling Grant Applications.
b. The Grantee will use all recycling grant money received in 2012 and 2013 as a
result of this Agreement, for base funding activities, recycling projects, and public
education related to recycling, as indicated in Exhibit A. If all recycling grant
funds are not used within the grant period, the Grantee must return unexpended
funds to the County unless the County approves utilizing the unspent funds for
recycling projects the following year.
C. The Grantee shall sign and return this Agreement to the County by June 15, 2012.
Failure to do so will result in a reduction or loss of grant funds.
d. The Grantee will prepare and submit annual recycling reports to the County. The
reports shall cover the time period from January I to December 31 and shall be
submitted to the County by January 31 of the year following the reporting period.
The annual reports will be made on a form provided by the County.
e. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste ,
Be
generated by city /township government activities (including city /town halls,
public works buildings, parks etc.) shall be delivered to the Ramsey /Washington
County Resource Recovery Facility in Newport for disposal. Failure to comply
with this provision shall constitute a breach of this Grant Agreement.
f. The parties agree that if the Grantee contracts or otherwise arranges for
municipal solid waste hauling service on behalf of its residents and/or businesses
and the Grantee issues bills for this service, the Grantee shall bill the County
Environmental Charge (CEC) as a separate line item on the solid waste bill and
shall make reasonable effort to collect the CEC. Exception to this provision is if
the licensed hauler collected the CEC for the previous year. All County
Environmental Charges collected shall be remitted to the County according to
section 14.5 of Washington County Ordinance #178. Failure of the Grantee to
comply with this provision shall constitute a breach of this Grant Agreement and
will result in loss of Grant funds.
4. Indemnification and Insurance:
a. The Grantee agrees it will defend, indemnify and hold harmless the County, its
officers and employees against any and all liability, loss, costs, damages and
expenses which the County, its officers or employees may after sustain, incur, or
be required to pay arising out of the Grantee's performance or failure to
adequately perform its obligations pursuant to this Agreement.
b. The Grantee further agrees that in order to protect itself as well as the County
under the indemnity provision set forth above, it will at all times during the term
of this Agreement keep in force.
General liability insurance in the amount of $500,000 for bodily injury or
property damage to any one person and $1,500,000 for total injuries or
damages arising from any one incident as set forth in Minnesota Statutes
§466.04.
2. Any policy obtained and maintained under this clause shall provide that it
shall not be canceled, materially changed, or not renewed without thirty
(30) days prior notice thereof to the County.
A Certificate of Insurance evidencing this coverage must be provided to
the County before this Agreement is effective.
C. Workers Compensation insurance as statutorily required.
5. Data Practices:
All data collected, created, received, maintained, or disseminated for any purposes by
the activities of Grantee because of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the
-2-
Minnesota Rules implementing such Act now in force or as adopted, as well as Federal
regulations on data privacy.
6. Condition Subsequent
It is understood and agreed that in the event that reimbursement to the County from state
sources is not obtained and continued at a level sufficient to allow the Grant, the
obligations of each party hereunder shall thereupon be reviewed to determine the
necessity of renegotiating all or parts of this Agreement.
7. Records Availability and Retention:
Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the
County, the State Auditor, or any of their duly authorized representatives at any time
during normal business hours and as often as they may reasonably deem necessary, shall
have access to and the right to examine, audit, excerpt, and transcribe any books,
documents, papers, records, etc. which are pertinent to the accounting practices and
procedures of the Grantee and involve transactions relating to this Agreement.
Grantee agrees to maintain these records for a period of six (6) years from the date of
termination of this Agreement.
8. Independent Contractor:
Nothing contained in this Agreement is intended or should be construed as creating the
relationship of co- partners or joint ventures with the County. No tenure or any rights or
benefits, including Worker's Compensation, Unemployment Insurance, medical care,
sick leave, vacation leave, severance pay, PERA, or other benefits available to County
employees, shall accrue to the Grantee .or employees of the Grantee performing services
under this Agreement.
9. Nondiscrimination:
During the performance of this Agreement, the Grantee agrees to the following:
No person shall, on the grounds of race, color, religion, age, sex, sexual preference or
orientation, disability, marital status, public assistance status, criminal record, creed or
national origin, be excluded from full employment rights in, participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any and all applicable
Federal and State Laws against discrimination.
10. Firearms Prohibited:
Unless specifically required by the terms of this contract, no provider of services
pursuant to this contract, including but not limited to employees, agents or
-3-
subcontractors of the Grantee shall carry or possess a firearm on county premises or
while acting on behalf of Washington County pursuant to the terms of this agreement.
Violation of this provision shall be considered a substantial breach of the Agreement;
and, in addition to any other remedy available to the county under law or equity.
Violation of this provision is grounds for immediate suspension or termination of this
contract.
11. Noncompliance by Grantee:
If the County finds that there has been a failure to comply with the provisions of this
Agreement, the County may terminate the Agreement at any time following seven (7)
days written notice to the Grantee and upon failure of the Grantee to cure the default
within the seven day period. The County will require the Grantee to repay the grant
funds in full or in a portion determined by the County. Nothing herein shall be
construed so as to limit the County's legal remedies to recover grant funds.
12. Termination:
This Agreement may be canceled by either party upon thirty (30) days written notice.
Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there
is no Administrator. Notice to Townships shall be mailed to the Township Clerk.
Notice shall be sent to the official business address of the City or Township. Notice to
the County shall be mailed to: Department of Public Health and Environment, 14949
62nd Street N, PO Box 6, Stillwater, MN 55082 -0006.
13. Merger and Modification:
a. It is understood and agreed that the entire Agreement between the parties is
contained here and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items referred
to in this Agreement are incorporated or attached and are deemed to be part of
this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of
this Agreement shall be valid only when they have been reduced to writing as an
Amendment and signed by the parties.
-4-
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated below.
GRANTEE WASHINGTON COUNTY
BY
TITLE—
v
DATE
FEDERAL ID #
511
BY
Chair, Washington County
Board of Commissioners
DATE
BY
Molly O'Rourke
County Administrator
DATE
Recommended for action:
By
DATE
Lowell Johnson, Director
Department of Public Health
And Environment
AS TO FO
BY 11111JR11JUK
As�t`WgRingt•n Co. Aftom—ey
DATE_ L4 [A e,;51 (z,
Alcohol & Gambling Enforcement
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
444 Cedar Street, Suite 222, St. Paul, MN 55101
651 - 2017500 Fax 651- 297 -5259 TTY 651 - 282 -6555
APPLICATION AND PERMIT FOR A 1 DAY
TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
Address I
Name of person making application
Date set ups will be sold
Organization officer's name
Date or anized Tax exempt number
State Zip Code
Minnesota...... —�7
Bussiinesss phone Home phone
Type of organization
[:] Club [] Charitable (`Religious ❑ Other non -profit
City
Location where permit will be used. If an outdoor area, describe.
state Zip
Minnesota - _�C�o`�-
If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service.
If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage.
APPROVAL
APPLICATION MUST BE APPROVED BY QTY OR COUNTY BEFORE SUBMITTING TO ALCOHOI. AND GAMBLING ENFORCEMENT
City County Date ApproV
A � , po
City Fee Amount
""
Date Fee Paid
Signature City Clerk or County Official
Permit Date
Approved Director Alcohol and Gambling Enforcement
NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address
above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the
permit for the event.
Page 1 of 1
RESOLUTION 2012-079
APPROVING NAME CHANGE FROM STILLWATER BREWERY TO
STAPLES MILL BREWING COMPANY
WHEREAS, a revised application for a name change and the elimination of one of the officers
of the corporation, has been received from Zachary S. Morgan, owner of Stillwater Brewery; and
WHEREAS, only the Licensee name and officer elimination has changed and all required forms
have been submitted.
NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota,
hereby approves the name change conditioned upon Minnesota Liquor Control.
Adopted by Council this 15th day of May, 2012.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
j J (Water
Administration
To: Mayor and City Council
From: Diane Ward, City Clerk
Date: May 11, 2012
Subject: Transfer of Wine and Strong Beer Liquor License
A liquor license transfer application has been received from The Chef's Gallery to
Cooks of Crocus Hill LLC; DBA: Cooks of Crocus Hill
Approval for the license should be contingent upon approval by Police, Finance,
Fire, Building Departments and Minnesota Liquor Control.
ACTION REQUIRED:
If Council desires to issue a new Wine and strong beer liquor license they should
pass a motion to adopt a resolution entitled APPROVING THE TRANSFER OF
A WINE AND STRONG BEER LIQUOR LICENSE TO COOKS OF CROCUS
HILL LLC; DBA: COOKS OF CROCUS HILL.
RESOLUTION 2012 -080
APPROVING THE TRANSFER OF A WINE AND STRONG BEER
LIQUOR LICENSE TO COOKS OF CROCUS HILL LLC;
DBA: COOKS OF CROCUS HILL
WHEREAS, an application has been received requesting a transfer of the wine
and strong beer license from The Chef's Gallery to Cooks of Crocus Hill LLC;
DBA: Cooks of Crocus Hill, located at 324 Main Street S, Suite 1, Stillwater, MN
and
WHEREAS, all required forms have been submitted and fees paid.
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater,
Minnesota, hereby approves the transfer of the wine and strong beer liquor
license conditioned upon approval by Police, Fire, Building Inspection and
Finance Departments, and Minnesota Liquor Control.
Adopted by Council this 15th day of May, 2012.
Ken Harycki, Mayor
Attest:
Diane F. Ward, City Clerk
BY:
RECEIVE-ID5
112012
MAY 10 2012
GENET
.......................
Receipt Number
Check No. 100-5—ffq7k
Amount Paid: 100-00
Fee: $100.00
APPLICATION FOR SALE OF FIREWORKS
APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE
REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT
Name of Applicant TARGET *9311
Home Address
Name of Business TARGET #931
Business Address 2029 MARKET DRIVE
Corporate Address (if different than business address)
Telephone (Business): Home Phone
Beginning Date of Sale: UPON APPROVAL End Date of Sale: 7/9/2012 Hours of Operation:
Location of Display INSIDE THE STORE @ TARGET #931
REQUIRED ATTACHMENTS: The following attachments must be included with this application:
1. Permit Fee - $100.00
2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the
City of Stillwater as an additional insured.
3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with
dimensions included. &A I
Signature of *pp Ficant (8r agent)
Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE
CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084
The sale of the listed fireworks at the location shown on this application is hereby approved,
subject to the following conditions if any.
Signature of Fire Chief. Date:
P
-mi
The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to
the following conditions if any.-
Signature of Police Chief. • Date:
The sale of the listed fireworks at the location shown on this application is hereby approved,
subject to the following conditions if any.
Signature of City Clerk: Date:
Approval Date of Stillwater City Council.
Permit No.:
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDtYYYY)
F4/4/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Britton- Gallagher and Associates, Inc.
6240 SOM Center Rd.
Cleveland OH 44139
NAME:
PHONE 7 FAX
- (A/C. "O
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIL #
1/1/2012
I
INSURER A:Lexington Insurance
$1,000,000
PREMISES" rren
INSURED 5530
INSURER 8:
$
INSURER C:
$1,000,000
American Promotional Events Inc.
dba TNT Fireworks
P.O. Box 1318
INSURER D;
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO LOC
PRODUCTS - COMP/OP AGG
Florence AL 35631
INSURER E;
$
INSURER F.
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
COVERAGES CERTIFICATE NUMBER! 7A1 All 1Q9A REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF
MM1D IYYY'Y
POLICY EXP
MMR7
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
X Blkt Contractual
44272132
-
1/1/2011
1/1/2012
I
EACH OCCURRENCE
$1,000,000
PREMISES" rren
150000
MED EXP Any one person
$
PERSONAL & AOV INJURY
$1,000,000
X
Hostile Fire Poll
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO LOC
PRODUCTS - COMP/OP AGG
$2,000,000
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
IN INGLh LIMIT
Ea oxidant
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPER Y DAMAGE
Per
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED I RETENTION $
$ _
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y /"
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If rs describe under
DESCRIPTION OF OPERATIONS below
NIA
I
WC STATU OTH-
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 107, Additional Remarks Schedule, H more space is requirad)
TARGET 0931/CITY OF STILLWATER
2021 MARKET DRIVE
STILLWATER MN 55082
ACORD 25 (2010105)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
99M2090
The ACORD name and logo are registered marks of ACORD
TION. All rights reserved.
-S3- 01365980
- REPRINT - PACK LIST
- REPRINT -
21369
Order #: 1365980 -53 -00002
Chain Store Sales- Wisconsin
Order Date: 3/30/12
Terms: Net 60 Days
CUST PO:
SLSMN: Chain Stores - East
Sold To: 1410006
Ship To:
1042552 - TAR0931
TARGET - CORPORATE 00001
TARGET 0931
PO BOX 1296
2021 MARKET DRIVE
MINNEAPOLIS, MN 55440
STILLWATER, MN 55082
Desc /Case Packing
Item
Selling
Suggested
--------------------------------------------------------------------------------
CP #
Units
Sell Price
* * * * * * * * * * * * * * * * * * * * * * * * **
Assortments * * * * * * * * * * * * * * * * * * * * * **
LIGHTNING BLAST SS AM J10
102025
24 EA
29.99
12/1
009130059
MEGA STORM USA SS J10
102026
8 EA
49.99
8/1
009130056
STORM SHOCK USA SS J10
102023
96 EA
9.99
24/1
009130248
THUNDER BOOM USA SS J12 WO PD
102024B
40 EA
19.99
10 /1
009130249
* * * * * * * * * * * * * * * * * * * * * * * * * **
Base Fountains
* * * * * * * * * * * * * * * * * * * * * **
DINOSAURS FTN 3 PAK PDQ J09
200816
72 EA
2.00
72/3
009130073
SUPER VALUE PACK REV J09
200722
24 EA
10.00
12/3
009130051
* * * * * * * * * * * * * * * * * * * * * * * * * **
Novelties
* * * * * * * * * * * * * * * * * * * * * **
2 PAK SNAP SM PDQ 931247 J10
320516H
328 EA
1.00
4/41/2/50
009130104
* * * * * * * * * * * * * * * * * * * * * * * * * **
Smoke
* * * * * * * * * * * * * * * * * * * * * **
SMOKE BALLS BOX OF 8 J12
351052
96 EA
2.00
4/24/8
009130046
* * * * * * * * * * * * * * * * * * * * * * * * * **
Sparklers
* * * * * * * * * * * * * * * * * * * * * **
#10 GLD 2PK BLUE SPK BX X08
380244
180 EA
1.00
180/2/5
009130145
#20 NEON SPARKLERS J11
380266
48 EA
5.00
48/7
009130123
#8 SPRKLERS ASST BOX PDQ J09
380247
420 EA
2.00
84/6/5
009130103
* * * * * * * * * * * * * * * * * * * * * * * * * **
Promotional
Supplies * * * * * * * * * * * * * * * * * * * * * **
SIGN - NO SMOKING
730099E
2 EA
0.00
1/1
WATER CAN EXTINGUISHER
730148
1 EA
0.00
1/1
Page No 1
- REPRINT - PACK LIST - REPRINT -
Order #: 1365980-S3-00002
Desc/Case Packing Item Selling Suggested
CP # Units Sell Price
--------------------------------------------------------------------------------
Case Totals: 25 CS
Total Pallets: PL
Total Repack Cases:
DECLARATION OF COMPLIANCE
CS
American Promotional Events, Inc., dba TNT Fireworks, certifies that all
consumer fireworks identified on this invoice have been tested by the
American Fireworks Standards Laboratory and found to conform with all
applicable regulations, standards and bans enforced by the U.S. Consumer
Product Safety Commission.
Testing and certification for these items complies with rules, standards
and bans applicable to consumer fireworks:
Performance Standards 16 CFR 1500.17(a)(9) 16 CFR 1500.17(a)(11)
16 CFR 1500.17(a)(12) 16 CFR 1507
Powder Content Bans 16 CFR 1500.17(a)(3) 16 CFR 1500.17(a)(8)
16 CFR 1500.85(a)(2)
Cautionary Labeling 16 CFR 1500.14(b)(7) 16 CFR 1500.83(a)(27)
Contact information for laboratory that performed conformity testing.
American Fireworks Standards Laboratory (AFSL)
7316 Wisconsin Avenue, Suite 214
Bethesda, MD 20814
301-907-9115
afslhq@afsl.org
CONTACT INFORMATION FOR INDIVIDUAL MAINTAINING RECORDS ON WHICH
DECLARATION IS BASED:
NAME: Kathie Pendergrass
ADDRESS: 4511 Helton Drive Florence, Alabama 35630
TELEPHONE: 256-764-6131
FAX: 256-767-7200
E-MAIL: pendergrassk@tntfireworks.com.
www.tntfireworks.com
*** ATTENTION TARGET STORE ***
For all information on TNT Program go on your workbench
under keyword "FIREWORKS". Call 800-243-1189 if you
need further assistance.
Page No 2
-S3- 01365980
TNT Fireworks
Bill of Lading - REPRINT
Shipper: 22069
TNT WAREHOUSE - WISCONSIN
223 COUNTY HIGHWAY A
BLACK RIVER FALLS, WI 54615
WLSL Lic #:
Vendor #: VENDOR NO. 1035906
Sold To: 1410006
TARGET - CORPORATE 00001
PO BOX 1296
MINNEAPOLIS, MN 55440
SFM #:
Put Pro Number Sticker Here
Sales Assoc: Chain Stores - East
CUST PO #:
Order #: 1365980 -S3 -00002
Route: MN
Zone: H10 Stop:
Freight Code:
Ship To: 1042552
TARGET 0931
2021 MARKET DRIVE
STILLWATER, MN 55082
SFM #:
Phone #: 651 - 439 -0292
Emergency Response Nbr: (800)255 -3924 Payment Terms: Net 60 Days
Contract Number: MIS0006877
HM Description of Articles Weight Shipping # of Cases
Class Pieces
X UN0336, FIREWORKS 1.4G, PG II 516
LBS 85
14
[X]
MISCELLANEOUS 16
LBS 85
1
[X]
NOVELTIES - NMFC 56290 -4 213
LBS 150
10
[X]
Totals: 745
LBS
25
Net Explosive Mass: 129 LBS
************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Checked By:
Received By:
Delivered By:
Order:
Ship To:
Sold To:
Received Date:
Placards Tendered By:
Delivery Instructions
Page No 1
�F"�rav�� DuarS
g�, �
i � � , j ,`
MAY 10 2012
April 17, 2012
ATTN: STORE MANAGER — Target #931
It is our usual policy to take care of all permitting for our customers. However, the City of
Stillwater will not allow us to apply for your City of Stillwater Fireworks Sales permit. A
representative of your store needs to contact the city to apply for your permit. Enclosed
is an application along with all other necessary information and a check for $100 to cover
the cost of permitting fees. Please complete the application and contact the City of
Stillwater Clerks Office located at 216 N. 4t" Stillwater to acquire your permit. The
number is 651 -430 -8802. Please apply for your permit as soon as possible as City Council
approval is necessary. We apologize for this inconvenience but feel that strong Fourth of
July sales will more than compensate. Thanks for all of your help concerning this matter.
If you have any questions, do not hesitate to contact our customer service hotline at 1-
800- 243 -1189.
Sincerely,
-M—e'e 71-:�
Michael Austin
TNT® Fireworks
AMERICAN PROMOTIONAL EVENTS, INC.
P.O. BOX 1318.4511 HELTON DRIVE - FLORENCE, AL 35630
PHONE (256) 764 -6131 - FAX (256) 760 -0154
www.tnffireworks.com
TO: Mayor & Councilmembers
FROM: Bill Turnblad, Community Development Director
DATE: May 10, 2012
COUNCIL DATE: May 15, 2012
RE: Appeal of Administrative Decision
BACKGROUND
The City received a letter from Tom Foster on March 15, 20121 appealing to the City Council a
decision I made regarding how to measure the height of a fence.
The Fosters live at 315 W Maple Street. Their neighbor to the east at 626 N 5th Street installed
a fence along the common property line. The fence is allowed by City Code 2 to be six feet tall in
side yards, with the exception that within 20 feet of the street right of way the fence is limited
to a height of 42".
The subject fence maintains a height of no more than 42" in the front setback area and no more
than six feet in the remainder of the side yard if the fence is measured from ground level to the
top of the fencing.
However, the posts of the fence in question have extensions on them that angle into the fence
owner's yard. The extensions are designed in the fencing industry to accommodate strands of
barbed wire. In this instance the extensions are used for hanging flower baskets, not strands of
barbed wire.
At issue is a decision I made that the height of the fence is measured from ground level to the
top of the fencing. Mr. Foster believes the fence height should be measured to the top of the
fence post extensions, which are taller than six feet. He therefore appealed my decision.
All such appeals are decided by the City Council.
1 A hearing on the appeal was scheduled in April and in May but the Fosters asked staff to postpone each of those
until May 15, 2012.
2 City Code Section 31-508, Subd. 3 (a)and(e)
DISCUSSION
The City Code, Sec. 31-508, Subd. 3(a) states "Fences in excess of six feet above the ground
grade are prohibited in residential districts". Further it states in Subd. 3(e) that "in residential
districts fences are limited to a height of 42 inches in the front yard and exterior side yard
setback areas".
The definition section of the City Code tells us that a fence "means any linear structure used to
prevent access by persons or animals or prevent visual or sound transference."3
The Code is of no help in determining how to measure fence height.
ALTERNATIVES
The City Council has a number of alternatives.
1. Concur with Mr. Foster's code interpretation that a fence height is measured to the top
of fence posts. Staff would then contact the neighbor to remove the post portions that
are taller than six feet.
2. Concur with staff's code interpretation that a fence height is measured to the top of the
fencing.
3. Table the appeal for more information.
bt
Attachments: Applicant's Appeal Letter
3 City Code Sec 31-101(55)
• Lynn and Tom Foster
315 West Maple Street
• Stillwater, MN 55082
March 13, 2012 PACOWW
Mayor and Council Members
City of Stillwater MAR 15 2012
c/o Bill Turnblad, Director of Economic Development
216 North Fourth Street
Stillwater, MN 55082 Community Development Depgrmnt
Dear Council Members:
From the City's web site:
1. Fences in excess of six feet above the ground grade are prohibited in
residential districts. (Ord. No. 917, § Is, 2-5-02)
5. In residential districts fences are limited to a height of 42 inches In the front
yard and exterior side yard setback areas. (Ord. No. 815, 8-1-95, Ord. No. 917,
Id, 2-5-02)
The neighbor to the east of our property has erected a fence that exceeds these limits, specifically
extensions on the fence posts. The extensions are intended for barbed wire security fence.
Pictures are attached.
Ordinances not with standing, the City staff is allowing these extensions on the basis that they are
not specifically prohibited. The Ordinance is clear, the height is limited and that includes the
posts.
I am requesting that the Council direct the staff to enforce the ordinance as written.
Sincerely,
""WiM I
MO. ft-Isr �Jwffi*
Tom Foster
0.. 0.. 0.. • • *. • .... • • .... **.*
flf
March 13, 2012
Page 2
(: I
ter
I -
LA
1!
7 H t 0
'A 7H P {. A f; F 0 � PA1NN1',0 !A
City Council
DATE: May 9, 2012 CASE NO.: 11-24
APPLICANT: City of Stillwater
REQUEST: Revisions to City Code Chapter 34 "Building Demolition"
CC PUBLIC HEARING DATE: May 14, 2012
REVIEWED BY: Community Development Director and City Attorney
PREPARED BY: Michel Pogge, City Planneal
BACKGROUND
Since the Fall of 2010, the HPC has been discussing various changes to the City's
preservation ordinances and specifically to the building demolition ordinance. In
February 2011, the HPC held a workshop with the City Council to discuss preservation
activities in the City in general. One of the items discussed was the City's building
demolition ordinance. At that meeting, the Council gave the Commission approval to
proceed with proposing changes to the building demolition ordinance.
In September 2011, the HPC completed an initial draft of the ordinance. Bases on
comments from a few community members, the HPC pulled back that draft and revised
the proposed revised demolition ordinance. Major changes in the current draft includes
the following:
• Currently all buildings older than 50 years are subject to demolition review. This
affects 2,137 buildings today with another 599 buildings that will be subject to
the review over the next 10 years. The draft proposes changing the 50-year rule
to a specific date of January 1, 1946. Only 1,610 buildings will fall in this group.
• Today the ordinance is only a delay ordinance. Major properties like the
Alexander and Ida Nelson house on top of Chestnut Street stairs; the John and
Anna O'Brien house, now home to Rivertown Inn; and Adolphus and Aurora
Hospes House, now home to Aurora Staples Bed and Breakfast, all fall outside of
any real protection that the City's demolition review ordinance provides. The
proposal allows the HPC and City Council to begin a process of designating
properties. Once designated a demolition permit could be denied. Due to the
nature of this tool, the proposal specifically requires HPC and City Council
approval in order deny a demolition request.
Demolition Ordinance Amendment
Page 2
• The current ordinance covers demolitions of building over 50 years of age,
including partial demolitions, subject to demolition review. The new ordinance
limits the review of a partial demolition. This change eliminates a number of
reviews that would previously have gone before the HPC.
• New revised ordinance allows the HPC, with council approval, to approve a
demolition request and enact a 180 delay on a demolition. The 180 day delay is
simply intended to give the community an opportunity to explore alternatives to
the proposed demolition.
• Remove the requirement that an applicant advertise a structure for sale.
• Requires a sign be placed on the property were a demolition is proposed to occur
a minimum of 12 days before a demolition hearing.
• A new guide to building demolitions has been developed for the community.
The attached draft ordinance shows changes from the current ordinance to the draft in
legislative format along with the proposal in ordinance form.
On April 3, 2012, the City Council discussed the timing of the demolition ordinance. As
part of that discussion the Council asked staff to review the possibility of increasing the
penalties for violating the City's demolition ordinance. Staff talked with City Attorney
Magnuson about this possibility and he indicated that the current misdemeanor penalty
is the maximum penalty a City can impose for an ordinance violation permitted under
state statue.
SPECIFIC REQUEST
Consider an amendment to the City's Building Demolition Ordinance.
ALTERNATIVES
The City Council has several alternatives related to this request:
A. Approve. If the Council finds the proposed ordinance is acceptable, the Council
should approve the first reading of the demolition ordinance as presented.
B. Deny. If the Council finds that the proposal is not advisable, then the Council
should deny the proposed ordinance.
C. Table. If the Council wishes additional time to review the ordinance, the Council
should table action to the June 5, 2012 meeting.
March 13, 2012
Page 2
Demolition Ordinance Amendment
Page 3
STAFF RECOMMENDATION
Alternative A
HERITAGE PRESERVATION COMMISSION ACTION
The Heritage Preservation Commission held a public hearing reviewed the proposed
changes at their May 7, 2012 meeting. They recommended that the Stillwater City
Council approve the proposed ordinance.
ORDINANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
CHAPTER 34, ENTITLED BUILDING DEMOLITION
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Amending. City Code Chapter 34 replaced with the following:
Chapter 34 BUILDING DEMOLITION
Sec. 34-1.— - Purpose of chapter.
This chapter is adopted for the purpose of protecting the historic and aesthetic qualities of the city by
preserving, rehabilitating or restoring, when reasonable, buildings or structures which constitute or reflect
distinctive features of the architectural or historical resources of the city, thereby promoting the public
welfare and preserving the cultural heritage of the city.
Sec. 34 -2.— Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this subdivision, except where the context clearly indicates a different meaning:
au#&9g&
Buildin or st st a &structure o[potential historic significance -means a building or structure
or portion of a building or structure 50 yeaFs of agehuilt on or ekLeprior to December 31,
1945.
Commission means the Heritage Preservation Commission.
Community, Dereloprnent Director means the Stillwater Community Development Director or his
or her designee.
Demolition means one of the following:
(l) Razing a building.
(2) Removal of fifty (50) percent or more of the total facade.
(3) Removal of more than twenty (20) percent of the exterior front facade of a structure
including the front facing roof. oof. The amount of front facade that is required to be
removed for a front porch shall not be counted toward the 20 %.
(4) Demolition by neglect.
A demolition shall not mean any of the following
(1) A structure required to be demolished in accordance with Minn. Stats. ch. 463.
(2) Destruction by fire that has been determined to be a total loss by the Community
Development Director. However, a fire that is caused by arson and was proven to be
started by an act of the owner or the owner's agent shall be considered a demolition.
(3) Destruction by a natural disaster or other similar event and which has been
determined to be a total loss by the Community Development Director.
Items that are consider maintenance in the opinion of the Community Development
Director.
(4) Items that are consider maintenance in the opinion of the Community Development
Director.
Historic Resource means any building or structure that is not currently designated as a Heritage
Preservation Site but which is worthy of such designation because of its historical cultural
architectural, archaeological or engineering significance for one of the following reasons:
(1) The property is associated with significant events or with periods that exemplify
broad patterns of cultural, political, economic or social history.
(2) The property is associated with the lives of significant persons or groups
(3) The property contains or is associated with distinctive elements of city or
neighborhood identity.
(4) The property embodies the distinctive characteristics of an architectural or
engineering type or style or method of construction
(5) The property exemplifies a landscape design or development pattern distinguished by
innovation, rarity, uniqueness or quality of design or detail
( ) The property exemplifies works of master builders engineers designers artists
craftsmen or architects.
(7) The property has yielded or may be likely to yield infonnation important in
prehistory or history.
Historically significant building or structure - _means any building or structure or portion of a
building or structure on the National Historic Register, a designated local 4apAnia*heritage
preservation site or a contributing structure or building in a designated national register historic
district.
Nonhistoric structure or building means a structure or building 1-00 th— 50 years ^''built on
or after January 1, 1946, or is not on the National Historic Register, or is not a designated local
heritage preservation site, or is a noncontributing structure or building in a natiGRally OF 10sall�
designated national register historic district.
Sec. 34 -3.-- Permit required.
No building or structure may be demolished without obtaining a demolition permit. An application for a
demolition permit must be filed with the city building official.
Sec. 34 -4.— Procedure.
The building official must forward a copy of each demolition permit application to the community
development director
Subdue- 1. Community Development Director Review. The community development director
shall review the permit conduct an on -site visit of the property with the applicant make one of
the following determinations and take the associated action:
LU The building or structure is historically significant
m-2.. If the building or structure is net histeFiGally eF peteRtially histeFOG.
found to be historically significant, then the application
mt 6twill be sent to the commission for review according to Section 34-6. 13U*IdiRg6 9F
6#FWstUFes4, Subd. 2.
(2) The building or structure is a historic resource If a building or structure is potentially
historic due to being built on or prior to December 31 1945 and it is determined to be a
historic resource, then the application will be sent to the commission for review
according to Section 34 -4, Subd 2.
(3) The building or structure is potentially historic but not historically significant or not a
historic resource. If a building or structure is found to be potentially historic, but it is
determined R4u6tthat it does not meet the definition of a historic resource,
then the application for a demolition pen-nit will be referred to the building official for
issuance of a demolition permit.
(4) The building or structure is Nonhistoric. If a building or structure is nonhistoric, then
the application for a demolition pernit will be referred to the building official for
issuance of a demolition permit.
Subd.2. Heritage Preservation Commission Review.
If the community development director determines that a building or structure is historically
significant, or a historic resource, then the
commission must review the demolition
request to determine whether a demolition pennit may be issued.
0)
(1). Required demolition permit application materials. An application form and 15 copies
for commission review must be submitted to the city in order to place the demolition
request on a commission agenda for consideration. The demolition permit application
must include the following information:
LaLA map showing the location of the building or structure to be demolished on
its property and with reference to neighborhood properties;
(2+—h)—A legal description of property and owner of record;
(3�—c–)—Photographs of all building elevations;
(4} —d�A description of the building or structure or portion of building or
structure to be demolished;
(�eJ—The reason for the proposed demolition and data supporting the
reason, including, where applicable, data sufficient to establish any economic
justification for demolition= to deternine why restoration or reuse is not
economically feasible;
(64--f�Proposed plans and schedule for reuse of the property on which the
building or structure to be demolished is located. The HPC may apply the
standards set out in the Neighborhood Conservation Design Guidelines when
appropriate;
(7- )— g)—Relation of demolition and future site use to the comprehensive plan
and zoning requirements; and
(g)--h)_A description of alternatives to the demolition,
(9) �=&Adenee that the building oF stmetur-e has been advei4ised for- sale
t2 -). Public hearing_ The commission must hold a public hearing according to chapter 31 -204,
subdivision 2-"2 of this Code_ en the pendiiig appheation.–Additionally, twelve (12) days prior to the
ublic hearing, the applicant shall cause a sian to be installed at the street frontage of the nronertv stating
a notification message as prescribed by city staff that is intended to notify the public of the proposed
demolition.
Ater. The commission will conduct the public hearing -awe, review the demolition
request, and decide upon one of the following courses of
action:
(a) For a historicall�sianificant building or structure
(i) No feasible alternative to demolition. If the commission determines
that the owner has made a reasonable effort to sell or preserve the
structure and after finding that there is no available feasible alternative to
demolition, then the commission must shall notify the building official iff
-that a demolition permit may be issued, as provided in
subdivision 3 below. If a fiRdiRg is made that the bUhld*Rg OF
LeIMOR.
4-a_(ii) Feasible_ alternative to demolition. If the commission determines
that there is a feasible alternative to demolition the pen-nit must be
denied.
(b) For a historic resource
(i)Negative finding. If the commission finds that the property is not a
historic resource, then the commission shall notify the building official
that a demolition permit may sha4 be issued, as provided in subdivision
3 below.
(ii) Positive finding with no feasible alternative to demolition. If the
commission finds that the property is historically significant or Ather a
historic resource, but that there is no feasible alternative to demolition
then the commission shall notify the building official that a demolition
permit shall be issued, as provided in subdivision 3 below.
(iii) Positive finding with feasible alternative to demolition. If the
commission finds that the property is historically significant bu+'iagor
a historic resource, and that there is a feasible alternative to demolition
then the commission shall deny the demolition permit and direct the
community development director to prepare a designation study of the
property, as provided in section 22 -7 subdivision 4 [Procedures for the
designation of heritage preservation sites].
(1) Failure to designate property. If the city council does not
approve the preparation of the designation study within 30 days
of the commission deterniination, or if the completed designation
study is not approved within 180 days of the commission
detennination, or if the city council denies implementation of the
designation after completion of the designation study, then the
building official shall issue the demolition pennit.
(3). Commission findings and conditions. While reviewing the demolition Pen-nit
request, the commission shall consider the following findings and conditions:
(a) Destruction of a building or structure histerje f Before approving the
demolition of a building � ei4y detef fined to be an hist,fie the
commission shall make findings that the demolition is necessary to correct an
unsafe or dangerous condition on the property, or that there are no reasonable
alternatives to the demolition. In detenninin whether reasonable alternatives
exist, the commission shall consider, but not be limited to, the significance of the
property, the integrity of the property and the economic value or usefulness of the
existing structure, including its current use, costs of renovation and feasible
alternative uses. The commission, with the approval of the City Council, may
delay a final decision for up to one hundred eighty (y( 180) days to allow parties
interested in preserving the historic resource a reasonable opportunity to act to
protect it.
(b) Mitigation plan. The commission may require a mitigation plan as a condition
of any pproval for demolition of a buildings• hi^'°~i° r-eseufee. Such plan maY
include the documentation of the property by measured drawings, photographic
recording, historical research or other means appropriate to the significance of
the property. Stigh plan also may inelude the salvage and-,
speeified bush]:,,,. ,, ..tefials «„ hite,.t.,....1 details „rte f:,,r,,,.°s a-Rd s ,:1°r
ite F use in ste ati °lam ..h
(c) Demolition delay. With the approval of the City Council, T-the commission
may stay the release of the building, wrecking or demolition permit for up to one
hundred eighty (180) days as a condition of approval for a demolition of aR
Kist F-° if she v° ° a building= that has been found to contribute to a
potential historic district to allow parties interested in preserving the historic
resource a reasonable opportunity to act to protect it. The release of the permit
may be allowed for emergency exception as required in section 34 -5.
Sec. 34 -5. Emergency demolition.
If a historically significant building= or structure or historic resource poses an immediate threat to health or
safety due to its deteriorated condition, the owner of the building or structure may request issuance of an
emergency demolition permit. If both the community development director and building official find that
the condition of the building or structure poses a serious and imminent threat to public health and safety
and that there is no reasonable alternative to the immediate demolition, together the community
development director and building official may issue an emergency demolition permit.
Sec. 34 -6. Fee.
For purpose of reimbursing the city of administration of this chapter, the City will by resolution, from
time to time, fix the amount of fees to be charged for processing all applications and appeals.
Sec. 34-7. 67. Injunction.
In addition to any other relief provided by this chapter, the city attorney may apply to a court of
competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. This
application for relief may include seeking a temporary restraining order, temporary injunction and
permanent injunction.
Sec. 34 -9 —78. Violation of chapter.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and a separate
offense shall be deemed committed on each day during on which a violation occurs or continues.
2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect.
Effective Date. This Ordinance will be in full force and effect from and after its passage and
publication according to law.
Enacted by the City Council of the City of Stillwater this day of , 2011.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Diane Ward, City Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
CHAPTER 34, ENTITLED BUILDING DEMOLITION
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Amending. City Code Chapter 34 replaced with the following:
Chapter 34 BUILDING DEMOLITION
Sec. 34 -1. Purpose of chapter.
This chapter is adopted for the purpose of protecting the historic and aesthetic qualities of the city by
preserving, rehabilitating or restoring, when reasonable, buildings or structures which constitute or reflect
distinctive features of the architectural or historical resources of the city, thereby promoting the public
welfare and preserving the cultural heritage of the city.
Sec. 34-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this subdivision, except where the context clearly indicates a different meaning:
Building or structure of potential historic significance means a building or structure or portion of
a building or structure built on or prior to December 31, 1945.
Commission means the Heritage Preservation Commission.
Community Development Director means the Stillwater Community Development Director or his
or her designee.
Demolition means one of the following:
(1) Razing a building.
(2) Removal of fifty (50) percent or more of the total facade.
(3) Removal of more than twenty (20) percent of the exterior front facade of a structure
including the front facing roof. The amount of front facade that is required to be
removed for a front porch shall not be counted toward the 20 %.
(4) Demolition by neglect.
A demolition shall not mean any of the following:
(1) A structure required to be demolished in accordance with Minn. Stats. ch. 463.
(2) Destruction by fire that has been determined to be a total loss by the Community
Development Director. However, a fire that is caused by arson and was proven to be
started by an act of the owner or the owner's agent shall be considered a demolition.
(3) Destruction by a natural disaster or other similar event and which has been
determined to be a total loss by the Community Development Director.
Items that are consider maintenance in the opinion of the Community Development
Director.
(4) Items that are consider maintenance in the opinion of the Community Development
Director.
Historic Resource means any building or structure that is not currently designated as a Heritage
Preservation Site but which is worthy of such designation because of its historical, cultural,
architectural, archaeological or engineering significance for one of the following reasons:
(1) The property is associated with significant events or with periods that exemplify
broad patterns of cultural, political, economic or social history.
(2) The property is associated with the lives of significant persons or groups.
(3) The property contains or is associated with distinctive elements of city or
neighborhood identity.
(4) The property embodies the distinctive characteristics of an architectural or
engineering type or style, or method of construction.
(5) The property exemplifies a landscape design or development pattern distinguished by
innovation, rarity, uniqueness or quality of design or detail.
(6) The property exemplifies works of master builders, engineers, designers, artists,
craftsmen or architects.
(7) The property has yielded, or may be likely to yield, information important in
prehistory or history.
Historicall sign ifcant building or structure means any building or structure or portion of a
building or structure on the National Historic Register, a designated local heritage preservation
site or a contributing structure or building in a designated national register historic district.
Nonhistoric structure or building means a structure or building built on or after January 1, 1946,
or is not on the National Historic Register, or is not a designated local heritage preservation site,
or is a noncontributing structure or building in a designated national register historic district.
Sec. 34 -3. Permit required.
No building or structure may be demolished without obtaining a demolition permit. An application for a
demolition permit must be filed with the city building official.
Sec. 34 -4. Procedure.
The building official must forward a copy of each demolition permit application to the community
development director.
Subd 1. Community Development Director Review. The community development director shall
review the permit, conduct an on -site visit of the property with the applicant, make one of the
following determinations, and take the associated action:
(1) The building or structure is historically significant. If the building or structure is
found to be historically significant, then the application will be sent to the commission
for review according to Section 34 -4, Subd. 2.
(2) The building or structure is a historic resource. If a building or structure is potentially
historic due to being built on or prior to December 31, 1945, and it is determined to be a
historic resource, then the application will be sent to the commission for review
according to Section 34 -4, Subd 2.
(3) The building or structure is potentially historic but not historically significant or not a
historic resource. If a building or structure is found to be potentially historic, but it is
determined that it does not meet the definition of a historic resource, then the application
for a demolition permit will be referred to the building official for issuance of a
demolition permit.
(4) The building or structure is Nonhistoric. If a building or structure is nonhistoric, then
the application for a demolition permit will be referred to the building official for
issuance of a demolition permit.
Subd.2. Heritage Preservation Commission Review.
If the community development director determines that a building or structure is historically
significant or a historic resource, then the commission must review the demolition request to
determine whether a demolition permit may be issued.
(1). Required demolition permit application materials. An application form and 15 copies
for commission review must be submitted to the city in order to place the demolition
request on a commission agenda for consideration. The demolition permit application
must include the following information:
(a) A map showing the location of the building or structure to be demolished on
its property and with reference to neighborhood properties;
(b) A legal description of property and owner of record;
(c) Photographs of all building elevations;
(d) A description of the building or structure or portion of building or structure
to be demolished;
(e) The reason for the proposed demolition and data supporting the reason,
including, where applicable, data sufficient to establish any economic
justification for demolition to determine why restoration or reuse is not
economically feasible;
(f) Proposed plans and schedule for reuse of the property on which the building
or structure to be demolished is located. The HPC may apply the standards set
out in the Neighborhood Conservation Design Guidelines when appropriate;
(g) Relation of demolition and future site use to the comprehensive plan and
zoning requirements; and
(h) A description of alternatives to the demolition.
(2). Public hearing. The commission must hold a public hearing according to chapter 31-
204, subdivision 3 of this Code. Additionally, twelve (12) days prior to the public
hearing, the applicant shall cause a sign to be installed at the street frontage of the
property stating a notification message as prescribed by city staff that is intended to
notify the public of the proposed demolition.. The commission will conduct the public
hearing, review the demolition request, and decide upon one of the following courses of
action:
(a) For a historically significant building or structure
(i) No feasible alternative to demolition. If the commission determines
that the owner has made a reasonable effort to sell or preserve the
structure and after finding that there is no available feasible alternative to
demolition, then the commission shall notify the building official that a
demolition permit may be issued, as provided in subdivision 3 below.
(ii) Feasible alternative to demolition. If the commission determines
that there is a feasible alternative to demolition, the permit must be
denied.
(b) For a historic resource
(i)Negative finding. If the commission finds that the property is not a
historic resource, then the commission shall notify the building official
that a demolition permit may be issued, as provided in subdivision 3
below.
(ii) Positive finding with no feasible alternative to demolition. If the
commission finds that the property is historically significant or a historic
resource, but that there is no feasible alternative to demolition, then the
commission shall notify the building official that a demolition permit
shall be issued, as provided in subdivision 3 below.
(iii) Positive finding with feasible alternative to demolition. If the
commission finds that the property is historically significant or a historic
resource, and that there is a feasible alternative to demolition, then the
commission shall deny the demolition permit and direct the community
development director to prepare a designation study of the property, as
provided in section 22 -7, subdivision 4 [Procedures for the designation
of heritage preservation sites].
(1) Failure to designate propert y. If the city council does not
approve the preparation of the designation study within 30 days
of the commission determination, or if the completed designation
study is not approved within 180 days of the commission
determination, or if the city council denies implementation of the
designation after completion of the designation study, then the
building official shall issue the demolition permit.
(3). Commission findings and conditions. While reviewing the demolition permit
request, the commission shall consider the following findings and conditions:
(a) Destruction of a building or structure. Before approving the demolition of a
building, the commission shall make findings that the demolition is necessary to
correct an unsafe or dangerous condition on the property, or that there are no
reasonable alternatives to the demolition. In determining whether reasonable
alternatives exist, the commission shall consider, but not be limited to, the
significance of the property, the integrity of the property and the economic value
or usefulness of the existing structure, including its current use, costs of
renovation and feasible alternative uses. The commission, with the approval of
the City Council, may delay a final decision for up to one hundred eighty (180)
days to allow parties interested in preserving the historic resource a reasonable
opportunity to act to protect it.
(b) Mitigation plan. The commission may require a mitigation plan as a condition
of any approval for demolition of a building. Such plan may include the
documentation of the property by measured drawings, photographic recording,
historical research or other means appropriate to the significance of the property.
(c) Demolition delay. With the approval of the City Council, the commission
may stay the release of the building, wrecking or demolition permit for up to one
hundred eighty (180) days as a condition of approval for a demolition of a
building that has been found to contribute to a potential historic district to allow
parties interested in preserving the historic resource a reasonable opportunity to
act to protect it. The release of the permit may be allowed for emergency
exception as required in section 34 -5.
Sec. 34 -5. Emergency demolition.
If a historically significant building or structure or historic resource poses an immediate threat to health or
safety due to its deteriorated condition, the owner of the building or structure may request issuance of an
emergency demolition permit. If both the community development director and building official find that
the condition of the building or structure poses a serious and imminent threat to public health and safety
and that there is no reasonable alternative to the immediate demolition, together the community
development director and building official may issue an emergency demolition permit.
Sec. 34 -6. Fee.
For purpose of reimbursing the city of administration of this chapter, the City will by resolution, from
time to time, fix the amount of fees to be charged for processing all applications and appeals.
Sec. 34 -7. Injunction.
In addition to any other relief provided by this chapter, the city attorney may apply to a court of
competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. This
application for relief may include seeking a temporary restraining order, temporary injunction and
pennanent injunction.
Sec. 34 -8. Violation of chapter.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and a separate
offense shall be deemed committed on each day during on which a violation occurs or continues.
2. Savinjzs. In all other ways City Code Chapter 31 shall remain in full force and effect.
Effective Date. This Ordinance will be in full force and effect from and after its passage and
publication according to law.
Enacted by the City Council of the City of Stillwater this day of , 2012.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Diane Ward, City Clerk
Guide to the City of Stillwater
Demolition Ordinance
XXXX XX, 2012
Introduction
Stillwater, the "Birthplace of Minnesota ", is a historic town with rich and varied architectural heritage. Influenced
by its presence on the St. Croix River and its unique topography, Stillwater's neighborhoods and streetscapes
showcase a range of residential architectural styles. Much of the architecture that makes Stillwater unique was
developed in the prosperous Lumber Period of the late 1800's, ranging from modest worker's houses to elaborate
19th century "lumber baron" mansions.
The abundance of historic resources is a vital component of Stillwater's character. The preservation, protection
and use of historic properties is critical to maintaining the City's character, sense of place, and legacy. These
resources and sense of place are a leading reason many chose to live, work, and play in Stillwater. They are also
an important economic development driver as a tourist destination to the Stillwater Commercial Historic District.
Demolition is forever, and once a building is gone it takes away another piece of the City's character. While
demolition cannot be avoided in all cases, it should be a avoided when possible and practical. Demolition of a
historic building that has most of its original design and features should only be an action of last resort.
It is a stated goal of the City to "safeguard the heritage of the City by preserving historic properties which reflect
Stillwater's cultural, social, economic, political, visual, aesthetic or architectural history ". To that end, the City of
Stillwater has developed a demolition review process for all buildings and structures meeting one of the following
criteria: 1) was constructed prior to January 1, 1946; 2) a building or structure or portion of a building or structure
on the National Historic Register; 3) a designated local heritage preservation site; or 4) a contributing structure
or building in a designated national register historic district. This guide is developed to assist property owners
through the demolition process.
Demolition is forever, and
once a building is gone it
takes away another piece
of the City's character.
While demolition cannot
be avoided in all cases it
should be a avoided when
possible and practical.
Above: The Stillwater Depot being demolished.
Cover: All of the homes shown on the front cover were approved for demolition by the Stillwater Heritage
Preservation Commission between March 2007 and February 2012. During this five year period, the Commission
approved 15 homes for demolition. Only four of the homes approved for demolition still stand as of March of
2012. No commercial buildings were approved for demolition during this period.
What is subject to Demolition Review?
Buildings and strcutures are subject to Demolition Review if it meets one of the following criteria:
(1) Constructed prior to January 1, 1946.
(2) On the National Historic Register.
(3) Designated local heritage preservation site.
(4) A contributing structure or building in a designated national register historic district.
What is a Demolition?
Demolition includes either the total demolition of a building or demolishing a substantial portion of the structure.
The Stillwater City Code defines demolition as follows:
(1) Razing a building.
(2) Removal of 50% or more of the total facade.
(3) Removal of more than 20% of the exterior front facade of a structure including the front facing
roof.
(4) Demolition by neglect.
A demolition does not mean any of the following:
(1) A structure required to be demolished in accordance with Minnesota Statue Chapter 463 (Hazardous
and Substandard Buildings).
(2) Destruction by fire that is determined to be a total loss by the Community Development Director.
However, a fire that is caused by arson and was proven to be started by an act of the owner or the
owner's agent will be considered a demolition.
(3) Destruction by a natural disaster (or other similar event) that is determined to be a total loss by the
Community Development Director.
(4) Items that are consider maintenance in the opinion of the Community Development Director.
Above: A home undergoing demolition.
The abundance of
historic resources is
a vital component of
Stillwater's character.
The preservation,
protection and use of
historic properties is
critical to maintaining
the City's character,
sense of place and
legacy.
Determining if a Building is Protected
If you are considering demolishing a building, the first step is to contact the Stillwater City Planner (651 -430-
8822) to determine the age of the building, if it is on the National Register of Historic Places, or is locally
designated. If the building was built on or after January 1, 1946 and is not a designated property, then the City
Planner will provide you a letter approving the demolition request. With that letter you will be able to obtain a
permit from the Stillwater Building Division (651 -430 -8825) to demolish the structure.
Initial Staff Review
If the building was built prior to January 1, 1946, the City Planner will conduct
an on -site review of the building to determine if it is a "historic resource"
that warrants review by the Stillwater Heritage Preservation Commission
(HPC) prior to demolition. The standard for determining whether a building
is a historic resource are found in the Stillwater City Code. If a structure
proposed to be demolished is on the National Register of Historic Places or
is locally designated, then it is required to be reviewed by the HPC. If staff
determines that the structure is not a historic resource, the City Planner will
provide you a letter approving the demolition request. With that letter you
will be able to obtain a permit from the Stillwater Building Division (651-
430 -8825) to demolish the structure.
HPC Demolition Review Submittal
Above: An example of a "historic
resource" for based on building's
economic history, social history, and
architectural characteristics.
If the request needs to go to the HPC for review, the applicant will need to complete the demolition application
(signed by the property owners), pay the required $200 demolition application fee, and attach 14 copies of the
following items:
(1) A map showing the location of the building or structure to be demolished on its property and with
reference to neighborhood properties;
Note: You can obtain a copy of this map from the City Planner.
(2) A legal description of property and owner of record;
Note: The legal description can be obtained from your property deed. The "legal description"
listed on the County website is not a complete legal description and can not be accepted.
(3) Photographs of all building elevations;
Note: All photos must be in color. The photo of the front elevation must be a minimum 8
inches by 10 inches in size. The other elevation photos must be a minimum of 3 inches by 5
inches in size. Each photo must show the entire elevation.
(4) A description of the building or structure or portion of building or structure to be demolished;
(5) The reason for the proposed demolition and data supporting the reason including, where applicable,
data sufficient to establish any economic justification for demolition to determine why restoration
or reuse is not economically feasible;
Note: Please include quotes from a licensed contractor that estimates the cost to restore the
home and the cost of the proposed new structure.
(6) Proposed plans and schedule for reuse of the property on which the building or structure is located;
Note: If the property is in the Neighborhood Conservation District (NCD), and a new home is
proposed, the application will need to include a completed NCD design review request.
(7) Relation of demolition and future site use to the comprehensive plan and zoning requirements; and
(8) A description of alternatives to the demolition.
(9) Optional: The HPC recommends that the applicant retain a contract historian to complete a report
on the age and cultural/historical significance when the demolition request involves a primary
dwelling unit or commercial building. (See page 6 for a list of contract historians.)
Public Hearing before the HPC
Demolition reviews by the HPC require a public hearing. The City will mail notices to property owners within
350 feet of the property and will publish a hearing notice in a local newspaper. Additionally, the City will install
a public notice sign on the property a minimum of 12 days prior to the public hearing before the HPC.
At the public hearing the applicant will be invited to sit at the table with the HPC. Staff will give a report and
recommendation to the HPC on the request. At that point the applicant has the opportunity to present the request
to the HPC and answer their questions. The HPC will then open the public hearing and ask if anyone in the
audience would like to address the HPC on the request. The applicant will be able to address any questions or
concerns that the public has on the request. The HPC will close the public hearing, discuss the request, and then
take action on the request.
Possible HPC Actions
There are several possible actions that the HPC can take on the request including the following:
(1) Approve the demolition request.
(2) Approve the demolition request with conditions. Conditions can include the following:
a. That a mitigation plan be provided. The plan could include documentation of the property
by measured drawings, photographic recording, historical research, or other means
appropriate to the significance of the property.
b. The HPC, with the approval of the Stillwater City Council, may delay a final decision for
up to one hundred eighty (180) days to allow parties interested in preserving the historic
resource a reasonable opportunity to act to protect it.
(3) Deny the demolition request. If the building is on the National Register or is locally designated
and the HPC determines there is a feasible alternative to demolition, then the HPC is required to
deny the permit.
(4) Deny the demolition request and direct preparation of a study. If the building is not on the National
Register and is not locally designated and the HPC determines there is a feasible alternative to
demolition and the site is a historic resource then the HPC is required to deny the permit and direct
the Community Development Director to prepare a designation study for the property. If the City
Council does not approve the preparation of the designation study within 30 day after the HPC
action, then the permit shall be issued. If the study is not completed and approved by the HPC and
City Council within 180 days, then the permit shall be issued. If the site is approved by the HPC
and City Council to be designated then the denial of the permit shall stand.
Our historic properties
and sense of place are
a leading reason many
chose to live, work, and
play in Stillwater.
Emergency Demolition
If a building or structure poses an immediate threat to
health or safety due to its deteriorated condition, the
owner of the building or structure may request issuance of
an emergency demolition permit. If both the Community
Development Director and Building Official find that the
condition of the building or structure poses a serious and
imminent threat to public health and safety, and that there
is no reasonable alternative to the immediate demolition,
together the Community Development Director and
Building Official may issue an emergency demolition
permit. Contact the City Planner about the Emergency
Demolition process and to request an Emergency
Demolition Permit at 651- 430 -8822.
Contract Historians
As noted earlier, the HPC recommends that applicants retain a contract historian to complete a report on the age
and cultural/historical significance when the demolition request involves a primary dwelling unit or commercial
building. This list is provided for informational purposes to those who may require the services of a historical
consultant. Inclusion on the list does not constitute an endorsement of the consultant's professional qualifications
or past performance. It is comprised of individuals and firms who have completed cultural resource work in
City of Stillwater. The Minnesota State Historic Preservation Office also maintains a more complete list of
contract historians in the State of Minnesota. This list can be obtained at: http : / /www.mnhs.org /shpo /docs_pdfs/
contracthistorians.pdf
Balay Architects
Empson Archives
Hoisington Preservation Consultants
Mark Balay
Donald Empson
Daniel Hoisington
110 Myrtle St S, Suite 100
1206 2nd St N
PO Box 13790
Stillwater, MN 55082
Stillwater, MN 55082
Roseville, MN 55113
651- 430 -3312
651- 351 -0172
651- 415 -1034
Questions ??
The Stillwater HPC receives City Staff support by the Community Development Department. Please contact the
City Planner at 651- 430 -8822 if you have any questions about the Demolition process or the HPC in general. Visit
the HPC website at http : / /www.ci.stillwater.mn.us/hpc to learn more about the HPC. You can download a copy of
this demolition packet at http: / /www.ci.stillwater.mn.us /demo
�,.- S. lllwater
THE BIRTHPLACE O F MINNESOTA
City of Stillwater, Minnesota
Community Development Department
216 4th StN
Stillwater, MN 55082
Phone 651- 430 -8822
Fax 651- 430 -8810
Stillwater Heritage Preservation Commission
Demolition Request Application
Subject Property Address:
Applicant (Please Print):
Parcel No.:
Application Number,
Address: Telephone No.:
Property Owner (if different than Applicant):
Telephone No.:
Type of Structure:
Age of Structure: Condition of Structure:
Intended Use of Site after Demolition:
Signature of Applicant Date
Signature of Property Owner Date
Fee
Receipt Number
A preapplication site visit by the City Planner or Community Development Director is required PRIOR to
submitting the application for a demolition permit. Contact the City Planner at 651- 430 -8822 to schedule a
preapplication site visit. This application must be signed by the City Planner or Community Development
Director or it will be considered incomplete and the application will be rejected.
IThe preapplication site visit was completed on / /
Dev. Director /City Planner
Subject Property Address: Type of Structure:
The above listed building /structure was built on or after January 1, 1946 or is not a historic resource as defined
by the Stillwater City Code; is not listed on the National Register of Historic Places; and is not a locally
designated property. Therefore, the building is approved for demolition.
Community Dev. Director /City Planner
Date
*After Heritage Preservation approval, there is a 10 -day appeal period. Once the 10 -day appeal period has ended,
the applicant will receive a design review permit which must be signed and submitted to the City to obtain the
required building permits. A building permit must be obtained from the Stillwater Building Department prior to
demolishing the structure. The fee for the building permit is based on the valuation of the demolition project.
Form Updated March 26, 2012
ter
Memo
Community Development Department
To: City Council
From: Michel Pogge, City Plannerj�,
Date: Thursday, May 10, 2012
Re: Appeal of an administratively issued Order of Abatement for
an open hole located at 1220 4th Ave S
Message:
BACKGROUND
Terry O'Brien has filed an appeal to an administrative order of abatement, which orders a hole
that remains from the demolition of the former residence at 1220 4th Ave S be filled. City Code
Section 38 -1 Subd 2 (2) j prohibits such conditions on residential lots in the City. Mr. O'Brien
appealed the order and is seeking additional time to file the hole until his home sells in Colorado
and he can begin construction on a new home. The basement of the new home would then fill
the hole.
DISCUSSION
On Thursday, May 10, 2012, Mr. O'Brien informed City Staff that he had entered into a purchase
agreement on his home in Colorado. If everything goes smoothly, he will be able to proceed with
constructing a new home on the property at 1220 4th Ave S by the end of the year resolving the
issue. City Staff and Mr. O'Brien have entered into an agreement making his appeal mute. A
copy of the agreement is attached. Staff is asking at this time that the Council simply continue
the public hearing indefinably and take no action at this time.
STAFF RECOMMENDATION
Staff recommends the City Council table action on the appeal concerning the order of abatement
for an open home located at 1220 4th Ave S indefinably and take no further action at this time.
From the desk of...
Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street - Stillwater, MN 55082
651.430 -8822 • Fax: 651.430 -8810 • email: mpogge @ci.stillwater.mn.us
Michel Pogge
From: thobrien @comcast.net
Sent: Thursday, May 10, 2012 4:09 PM
To: Michel Pogge
Subject: Re: 1220 4th Ave S
Thanks Mike. This looks like a reasonable approach that we can live with. It also feels much better
when under contract!
Terry
- - - -- Original Message - - - --
From: Michel Pogge <mpogge(a-)ci.stillwater.mn.us>
To: thobrien com cast. net
Cc: Bill Turnblad < bturnblad (a)ci.stillwater.mn.us >, Larry Hansen <Ihansen ci.stillwater.mn.us>
Sent: Thu, 10 May 2012 20:48:02 -0000 (UTC)
Subject: 1220 4th Ave S
Terry-
Thank you for the update today about the purchase agreement that was signed on your home in Colorado this
week. I understand that the sale of your home has a June 22, 2012 closing date. In our discussions today, I
believe we have come to an agreement concerning the order of abatement appeal that is set to be heard by the
Stillwater City Council on May, 15, 2012. Please review and let me know if this works for you or if there is
something that you have concerns about.
The City of Stillwater agrees to the following:
No enforcement action will proceed on the order of abatement dated April 12, 2012 at this time.
2. You and I will make contact each other by no later than June 15, 2012 to check on the status of the
sale of your Colorado home.
a. If the sale is still moving forward at that point the City will continue to delay any
enforcement action until at least September 22, 2012.
b. If the sale is delayed you agree to contact the City by June 25, 2012 to discuss the
situation.
i. The City agrees to consider all reasonable options on how
to move forward at that point. It is not the City's intent to enforce the order of
abatement for a reasonable unexpected delay. If the sale is delayed, once the
sale is final the City agrees to continue to delay any enforcement action for a
minimum of 90 days to allow you the opportunity to finalize building plans and
obtain any necessary approvals.
c. If the sale falls apart, the City agrees to review the situation with you and will permit you
a reasonable amount of time to secure a new buyer.
3. If after 90 days after the closing of your property in Colorado, if you determine that you will not move
forward with building a new home on the lot then you agree within a 90 day period that the open hole
will be filled.
4. Once construction on the new home begins the matter will be closed.
Please review Terry and let me know if this acceptable to you.
Respectfully,
Mike Pogge
City of Stillwater
Michel Pogge, AICP I City Planner I City of Stillwater
216 North Fourth Street I Stillwater, MN 55082 11551-430-8822 651430 -8810 (Fax)
mpogQenci.stillwater.mn.us I http / /www.ci.stillwater.mn.us I Facebook
a
STILLWATER TOWN BOARD MEETING
April 26, 2012 Town Hall 7:00 P.M.
PRESENT: Chairperson Jim Hiniker, Supervisors Linda Countryman, David Johnson,
Sheila -Marie Untiedt and Matt Beane, Clerk Kathy Schmoeckel, Attorney
Soren Mattick and Planner Sherri Buss.
1. AGENDA - M /S /P Beane /Johnson moved to adopt the agenda as amended. (5 ayes)
2. MINUTES - M /S /P Untiedt /Countryman moved to approve the April 12, 2012
Stillwater Town Board Meeting minutes as written. (5 ayes)
I ARCOLA HEIGHTS PARK - There was discussion of how to deal with concerns and
complaints with the Disc Golf Course in Arcola Heights Park. Matt Beane will check with
Kelly Shantz to see if he is still interested in serving as Manager for the Park. He would
have the responsibility to deal with day to day maintenance and use issues. Safety
issues would still be dealt with by Steve Nelson or the Washington County Sheriff's
Department. Sheila -Marie Untiedt will contact the neighbors to give them an update on
our plans.
4. DETACHMENT AREA - Attorney Soren Mattick had been approached at the last
meeting by the Buberls to sign off on a PCA state permit application. He looking into
the matter further and reviewed what sort of recycling, etc., is occurring on the
property. The County issues the licenses for these activities in coordination with the
state permits. The County acts as the enforcement agency. Buberl is now out of
compliance with their original Conditional Use Permit and their licenses have expired.
They would be allowed to recycle basic yard waste only under the original CUP. The
bank now owns the property and they are not willing to put their signature on the new
permit application. The owner's signature' is required on the PCA application and on any
county license or zoning application.
There are basically two issues:
*The County will take the initial steps with respect to enforcement permits.
• Right now there is no zoning in place for this area. Their current use is not allowed
in our code. While we have joint zoning authority with the County, the County
would like the Township to initiate the zoning process.
Soren Mattick will talk to the County to discuss how to move forward with enforcement.
The Planning Commission will hold a public hearing at their June meeting on the zoning
for this area. The issue will then come to the Town Board and then to the Metropolitan
Council as a Comprehensive Plan amendment.
Stillwater Town Board Mtg. — 4/26/12 Page 2
5. MasTec Permit - 11755 Partridge Road - M /S /P Johnson /Beane moved approval of
the permit as recommended by our engineer. (5 ayes)
6. WASHINGTON COUNTY SSTS TOUR - Washington County is offering to attend
meetings to give information on subsurface sewage treatment systems. They will be
asked to provide a narrative for our website and we will also provide a link to their
website.
7. DANDELIONS IN OTTO BERG PARK - Valley Green has provided a bid to deal with
dandelions. We should also consider aeration and overseeding in the fall.
M /S /P Untiedt /Beane moved approval of the expenditure not to exceed $1,150 for broad
leaf application and pre- emergent
8. ADJOURNMENT- The meeting was adjourned at 9:10 p.m.
Cle
Chairperson
Approved
Summary of Proceedings F Y I
Washington County Board of Commissioners
May 1, 2012
Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Autumn
Lehrke, District 4; and Lisa Weik, District 5. Commissioner Bill Pulkrabek, District 2, absent.
Board Chair Hegberg presided.
Commissioner Reports — Comments — Ouestions
The Commissioners reported on the following items:
- Commissioner Weik — reported that May is Mental Health Awareness month; she participated
in a National Association of Counties Rural Road Safety Peer Exchange conference call; she
attended the Metropolitan Mosquito Control meeting; she attended the Prayer Breakfast in
Woodbury; and she attended a meeting with Commissioner Lehrke and Public Works staff to
discuss road projects in Woodbury that are in the area that Commissioner Lehrke will represent
due to redistricting;
Commissioner Lehrke — suggested that a central location be established in the county for the
Metropolitan Mosquito Control District to pick up unwanted tires; she attended the Cottage
Grove volunteer recognition; she attended a Rasmussen College Partnership Community
luncheon and was asked to be a speaker at one of their business classes; she attended the Red
Rock Corridor meeting; she met with Brent Peterson, Washington County Historical Society,
to discuss their future plans; she attended a meeting with Public Works with Commissioner
Weik to discuss the Radio Drive Project; she attended the Woodbury Prayer Breakfast; and she
announced that she would be attending the National Association of Counties conference in July
in Pittsburg;
- Commissioner Kriesel — addressed Commissioner's Lehrke's suggestion on a central location
for tires and reminded her that businesses who sale tires charge a recycling fee for old tires and
he wouldn't want the Metropolitan Mosquito Control District to be a tire collection agency; he
attended the Planning Advisory Commission which is working on the wind turbine ordinance;
he attended the Complete Streets meeting; and he attended the St. Croix River Coalition
meeting looking at next steps to make sure the public is educated and informed of the bridge's
status;
Commissioner Hegbea — reported he dealt with Community Action Program issues and
constituent issues and he noted several upcoming meetings.
Community Services
Approval of the following actions:
- Contract with Coventry Senior Living of Mahtomedi, LLC to provide services to elderly
individuals receiving Medical Assistance Home and Community Based Services;
- Group Residential Housing agreement with Ragnar Corporation (doing business as Stillwater
Residence) for 2012 to 2013;
- Resolution No. 2012 -053, 2012 Annual Action Plan for the Community Development Block
Grant and HOME Investment Partnership programs and authorizing submission of such grant
request to the United States Department of Housing and Urban Development.
General Administration
Approval of the following actions:
- April 10, 2012 Board meeting minutes;
- Continue the county's participation and membership in the Minneapolis -Saint Paul Regional
Economic Development Partnership (Greater MSP);
- Resolution No. 2012 -052, congratulating Hong Liag Zhou and Yang Xu on their wedding in
Shanghai, May 6;
- Introduction of new Human Resources Director Pam French;
- Legislative update presented;
- Board correspondence was received and placed on file.
Information Technology
Approval to purchase a replacement ISeries server through TSG.
Property Records and Taxpayer Services
Approval to renew an on sale and Sunday liquor license for the Outing Lodge LLC
Public Works
Approval of the following actions:
- Appoint Karin Housley, St. Mary's Point, to the Historic Courthouse Advisory Council to fill
an unexpired term to December 31, 2012;
- Contract with ThyssenKrupp Elevator for elevator maintenance services;
- Resolution No. 2012 -054, bid award for crack seal provision and application on County Roads
for 2012 to Fahmer Asphalt Sealers, LLC;
- Executive session held to review an appraisal and discuss the possible purchase of the Knauff
parcel for inclusion into the Big Marine Park Reserve;
- Regional Railroad authority workshop held to discuss Gateway Alternatives Analysis proposed
scope of work extension;
- Workshop held for an update on the Parks and Trails legacy fund and to review a draft
resolution supporting equitable distribution of Parks and Trails legacy funds.
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County
Government Center, 14949 62' Street N., Stillwater, Minnesota.
Summary of Proceedings
Washington County Board of Commissioners
April 24, 2012
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary
Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board
Chair Hegberg presided.
Accounting and Finance
Approval of the following actions:
- Service contract with Trissential, LLC to provide professional services for the migration of the
current version of JD Edwards World finance management system to JD Edwards Enterprise
One;
- Increase the Petty Cash and Change Funds by $300.
Commissioner Reports — Comments — Ouestions
The Commissioners reported on the following items:
- Commissioner Weik — reported she attended the annual breakfast fundraiser for Store -to -Door;
she attended the Washington County Reserve Deputy Sheriff's graduation event; and she spoke
to a business networking group in Mendota Heights and discussed the role of county
commissioners and county government;
- Commissioner Lehrke — reported she attended a listening session put on by Senator Franken's
staff about the Farm and Nutrition Bill; she toured the Friends in Need Food Shelf in St. Paul
Park; she attended Yo -Joe's Frozen Yogurt and Coffee ribbon cutting ceremony; she attended a
National Association of Counties (NACo) membership conference call; she met with Ramsey
County Commissioner Victoria Reinhardt to discuss solid waste issues; she attended the
Washington County Reserve Deputy Sheriff's graduation event; she met with county staff to
discuss the 70th Street and 19 realignment; she attended the Association of Minnesota Counties
Board of Director's meeting; and the NACo Community and Economic Development sub-
committee conference call; and she attended the Washington County Volunteer recognition
event;
- Commissioner Kriesel — reported he attended the volunteer recognition event at the Historic
Courthouse; he attended the Reserve Deputy Sheriff's graduation event; he attended the NACo
Government Month employee recognition at the North Service Shop; he attended the Historic
Courthouse Advisory Committee; he attended the open house for the Oxboro /62nd Street
improvements around the Government Center Campus; and he toured the winter recreational
building at the Lake Elmo Park Reserve;
- Commissioner Hegberg — reported he attended the Housing and Redevelopment Authority
Board meeting; he attended the Metropolitan Area Agency on Aging; and he attended the
Association of Minnesota Counties Board of Director's meeting.
Community Services
Board workshop held with Community Corrections, Public Health and Environment, and the
Housing and Redevelopment Authority to discuss Washington County housing resources for
special needs populations.
General Administration
Approval of the following actions:
- Resolution No. 2012 -049 appreciation to Community Thread for National Volunteer Week
April 23 — 27, 2012;
- Community Thread honored the following individuals: 2012 Outstanding Group Volunteers —
Boutwells Landing Social Justice Committee, Oak Park Heights; 2012 Outstanding Youth
Volunteers — Alexis Miles, Mahtomedi and Taryn Bolea, Grant; 2012 Outstanding Volunteer —
Glenda Bjorum, Stillwater; 2012 Lifetime Volunteer — Karen Ogren, Stillwater; and, 2012
Legacy Award — Robert Safe, Posthumously, late of Stillwater;
- Introduction of Jennifer Wagenius as the new Director of Property Records and Taxpayer
Services;
- Update on the recent unannounced inspection from the Occupational Safety and Hazard
Administration (OSHA);
- Board correspondence was received and placed on file.
Housin! and Redevelopment
Adoption of Resolution No. 2012 -051, approving the 2013 Qualified Allocation Plan for the
Housing Tax Credit Program.
Human Resources
Approval to revise Policy 95026, Paid Time Off /Vacation Donation Program.
Property Records and Taxpayer Services
Approval of Resolution No. 2012 -047, private sale of parcel 32.030.20.32.0001 to the City of
Stillwater for a public purpose.
Public Works
Approval of the following actions:
- Change Order #1 to contract with Jorgenson Construction Inc., in the amount of $32,103;
- Change Order #1 to contract with Sterling Electric Corporation in the amount of $7,016.68;
- Supplemental Agreement 2 and work order 9 -10 in the amount of $9,819.71 for the Hardwood
Creek Trail pedestrian bridge over County State Aid Highway 2 with S.M. Hentges & Sons;
Resolution No. 2012 -048, final payment on Hardwood Creek Regional Trail pedestrian bridge
over County State Aid Highway 2 to S.M. Hentges & Sons;
- Public hearing to consider enactment of County Ordinance Number 188, titled Management of
County Highway Right of Way;
- Resolution No. 2012 -050, adopting the Washington County Ordinance for the Management of
County Highway Right of Way No. 188.
Sheriffs Office
Approval of the following actions:
- 2011 -2013 radiological emergency preparedness grant agreement with the State of Minnesota,
acting through its Department of Human Services, Human Resources Division in the amount of
$155,500;
- Permanent use of fund balance for the benefit of law enforcement in the City of Afton.
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County
Government Center, 14949 62 nd Street N., Stillwater, Minnesota.
Summary of Proceedings
Washington County Board of Commissioners
April 17, 2012
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary
Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board
Chair Hegberg presided.
Commissioner Reports — Comments — Ouestions
The Commissioners reported on the following items:
- Commissioner Lehrke — reported she attended a meeting of Wakota CAER (Community
Awareness and Emergency Response); she attended an open house on the realignment of 70`h
Street along 19 and Military Road; she attended the 3M incinerator public meeting; she
attended the Cottage Grove Service Center for National County Government month; and she
attended the Extension Committee meeting;
- Commissioner Weik — reported she attended the 2012 Woodbury Citizens Academy
graduation; she attended a meeting with the City of Woodbury; she attended the open house on
County Road 19, 20, and 22 realignment; she heard from residents along Dale Road on the east
side and they are concerned about Military Road closing and diverting traffic to Dale Road; she
attended the Finance Committee meeting; she attended the Woodbury Expo and staffed the
Gateway Corridor booth; she attended the Gateway Corridor Commission meeting; and she
attended the Woodbury Yellow Ribbon meeting;
- Commissioner Kriesel — reported he attended the Oak Park Heights City Council meeting and
heard a community symposium on economic development; he attended a Library Board
meeting and discussed the strategic plan; he met with a councilmember from Lake St. Croix
Beach; and he visited the Lake Elmo Regional Park and toured the new recreational facility;
- Commissioner Pulkrabek — reported he attended the Minnesota Extension meeting; and he
plans on attending the National Association of Counties Conference in Pittsburgh this summer;
- Commissioner He ber — reported he attended the Minnesota Inter- County Association
meeting; he attended the Greater MSP and was accepted as a Board member; he attended the
Community Action Program meeting; and he attended the Minnesota Counties
Intergovernmental Trust retreat in downtown St. Paul.
General Administration
Approval of the following actions:
- April 3, 2012 County Board meeting minutes;
- Resolution No. 2012 -045, establish county Commissioner and Soil and Water Conservation
district boundaries;
- Resolution No. 2012 -046, determining Commissioner district terms;
- Board correspondence was received and placed on file.
Public Works
Approval of the following actions:
- Supplemental agreement 5 in the amount of $105,152 for County State Aid Highway (CSAH)
18 east /west project with Hardrives, Inc.;
- Resolution No. 2012 -043, authorize final payment on CSAH 18 East/West reconstruction to
Hardrives, Inc.;
- Agreement with Coca -Cola Refreshments to receive reduced pricing on beverage products sold
in parks;
- Cooperative agreement with the City of Woodbury for reimbursement of roadway engineering
design and right -of -way acquisition costs of CSAH 13 (Radio Drive) Bailey Road to Glen
Road project;
- Resolution No. 2012 -044, negative declaration on the need for an Environmental Impact
Statement for CSAH 19 (Woodbury Drive) reconstruction project and approval of distribution
of the record of decision.
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County
Government Center, 14949 62nd Street N., Stillwater, Minnesota.