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CITY COUNCIL MEETING
March 19, 2013
SPECIAL MEETING
Mayor Harycki called the meeting to order at 4:31 p.m.
4:30 P.M.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
Community Development Director Turnblad
City Clerk Ward
OTHER BUSINESS
Discussion on Special Event Options
Community Development Director Turnblad reminded the Council that with the completion
of the event survey, there are a number of options to consider for establishing a community
event to replace Lumberjack Days. The City could: do nothing except lift the moratorium on
Special Event Permit applications; create a committee to formulate policy recommendations
based on the event survey; or continue the status quo on events in general and assemble a
group to be charged with creating an RFP for a replacement event.
Mayor Harycki noted the survey showed that people generally support some sort of event -
it's a question of what level of community services should be consumed by events.
Councilmember Weidner commented that the Council should ask is the goal of a community
event to build a sense of community, or to provide economic benefit to the City. The survey
appears to indicate that community events are good, but the Council has to determine the
goal of a community event, and then task a committee to meet the goal that Council
establishes.
Councilmember Menikheim stated he believes the City needs to establish a policy outlining
what will happen, what City resources may be used, and provide guidelines for reviewing
event applications to ensure they fit what the survey indicates citizens would like to have.
City Council Meeting
March 19, 2013
Councilmember Polehna asked how the policy should be set and if the City has a community
celebration, he hoped it would be one that keeps going. Council should look at the big
picture first and make sure it is done right.
Mayor Harycki reiterated that the survey shows that residents like having a summer festival.
The City could task a committee with looking at whether to outsource it or do it in- house.
Councilmember Polehna remarked that what happened with Lumberjack Days is happening
with events all over the country, as there are high costs associated with community festivals.
Councilmember Menikheim stated that the Council should consider a winter festival that
would bring people into the City 12 months a year, not just in the summer.
Councilmember Polehna said the first policy might be that Stillwater wants to be a year -
round community.
Councilmember Kozlowski asked that if the survey shows people want a community festival,
what is the Council trying to mitigate with a policy. It seems that the Council is trying to
figure out what residents' want, when they have already said what they want — they want
what has happened in the past, but without the problems that were associated with it.
Councilmember Polehna commented that one issue is the proliferation of events such as
races. Where does Council draw the line?
Councilmember Menikheim pointed out that Council has been responding to random event
requests.
Councilmember Kozlowski asked if it the City's role to invite people to hold events.
Councilmember Weidner commented that the Council needs to define the goal, whether it is
it to bring as many people as possible into downtown Stillwater, build a sense of community,
or to highlight our downtown area. He stated that the City should keep the moratorium in
place, create a committee, and as a Council look at establishing a goal for a community
event. He likes the idea of an event for the community, by the community, to bring people
together and get a sense of the greater community. He understands that exposing the City to
people outside Stillwater benefits the community economically and that the City is a
picturesque "venue for rent" yet 70 some event permits a year seems excessive and there
should be a balance.
Mayor Harycki added that community feedback needs to be part of defining the ultimate
goal. Different factions of the businesses will see different economic benefits.
Councilmember Kozlowski questioned whether it is the City's role to be in the event
planning business. He felt that the City should make sure that event organizers have great
references and experience, to protect citizens from any negative effects, but it is not the
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City Council Meeting
March 19, 2013
City's role to define what events should look like in the future. He questioned the need for a
committee.
Mayor Harycki stated he believed that the community should be involved in the process of
crafting what a future event might be like, to determine whether we go through an RFP
process, ask for performance bonds, and so on. Getting some business owners and residents
involved would help with this process.
Councilmember Kozlowski responded that he doesn't want to start creating restrictions and
hoops for people to jump through, because he wants people to come here in January.
Councilmember Polehna said we should start by setting policy, figuring out where we want
to go as a community.
Councilmember Kozlowski noted that he likes the idea of developing a forward- looking
policy that loosely defines what the event schedule should look like for downtown Stillwater,
but he is trying to figure out what problems the City is trying to solve.
Councilmember Weidner commented that Lumberjack Days was a community event that
grew into a summer festival and does the City want a summer festival as a venue available
for an event organizer, or should it be a community event for the community, about the
community.
Councilmember Kozlowski felt that if someone approaches the City to do an event, it would
be up to the Council to decide at the time, based on residents' input, if it's something the
community wants.
Councilmember Menikheim said it's not about whether it's broken; it's about how we can
make it better. Events are not held in a vacuum; they should fit in with what the City is going
to look like in one, two or five years.
Councilmember Kozlowski expressed concern about the impacts of Highway 36 and bridge
construction on downtown businesses, creating challenges for people from the metro to come
downtown. He wants to make downtown as accessible and inviting as possible. Once the new
bridge is built, downtown Stillwater will be different. He doesn't want to see the City tied up
in processes and committees while Stillwater becomes a much less desirable place to be.
Mayor Harycki said he believes the Council wants a summer festival and should set that as
their first priority. The Council should get feedback on how to bring it about, and whether or
not to do it in- house, though he's not sure if there is anyone on staff who could organize it.
Councilmember Weidner said that bringing people downtown and supporting the local
businesses is something we need to do. He isn't sure that lifting the moratorium right now is
a good idea. He doesn't know if having a committee go off for eight months and come back
with a recommendation is good either. It needs more discussion from the Council.
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City Council Meeting
March 19, 2013
Councilmember Menikheim remarked that a timeline should be established to guide a
committee's work.
Mayor Harycki stated that if Council wants a replacement event for the summer of 2014,
Council has to be ready to go by November. He felt that the big question is, does the City do
it in -house or put it out for an RFP and if it is decided that it is an RFP it would have to be
ready by June of 2013 for the festival in 2014.
Community Development Director Turnblad commented that the most effective committees
have clear tasks set for them. The Council as a group needs to know where it wants the
committee to end up. It will take more time and Council discussion before deciding what the
committee needs to do. He indicated that the next step is to summarize the Council
discussion and review it as Old Business at the next Council meeting. He suggested that each
Councilmember send him what they would like to see this committee accomplish, the he will
assemble and distribute it so that Council can decide what it wants this committee to do.
City Administrator Hansen said it's similar to what's been done at the Council retreats.
It was the consensus of Council to pass along to Community Development Director Turnblad
their five major concerns and items they want a committee to accomplish so staff can
assemble a list for further Council discussion.
Discussion regarding the Mastel Races and the Moratorium
Community Development Director Turnblad noted that Run Stillwater, Inc has made
application for three race events this year, to be handled by Mastel Event Management. Two
of the three events were held last year, though another race is proposed to be added to the fall
event. The third event is proposed for Memorial Day.
Mayor Harycki commented that the City hosted similar races last year and approved the
Ironman Race.
Councilmember Weidner pointed out the Ironman Race recently approved is going through
Stillwater, not ending or beginning here, and felt it was not similar to the Ironman Race.
Brian Mastel, race director for the two events, informed the Council that the third
application, for the Memorial Day event, has been pulled. The event permits being requested
are for the July 20 Stillwater Log Run, and the October 19 Lift Bridge Road Race. He noted
that in the first year of both events, numbers were below expectations, which is fairly typical
of first -year events. These types of events tend to grow.
Councilmember Polehna asked if Lowell Park is torn up this summer, where will the finish
line be.
City Engineer Sanders confirmed that the Corps of Engineers will be working on the
Mulberry, Myrtle and Nelson parking lots this summer.
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City Council Meeting March 19, 2013
Councilmember Weidner said he doesn't want to lift the moratorium.
Community Development Director Turnblad explained that the moratorium was enacted for
the community to decide whether it wanted to define a policy on events.
City Administrator Hansen said the Council meeting minutes indicate the Council approved
last year's races with the understanding that it was a one -year agreement, so organizers were
advised of the moratorium.
Councilmember Menikheim stated that he leans toward honoring the moratorium.
Councilmember Kozlowski felt that if Council approved Summer Tuesdays and Harvest Fest,
the Council should not pick winners and losers. He stated that there has been a race in
Stillwater for several years and that this is a race that has changed ownership but was held
last year with no problems.
Mayor Harycki noted he has no problem approving an event that's in and out of downtown.
The moratorium is still in effect but the Council needs to determine whether it applies to
these two races.
Councilmember Polehna remarked that the Ironman Race runs through town, whereas this
race is based in Stillwater, not a pass - through, so it's different. He has no problem with a race
but feels it should be in the fall due to summer construction.
Mr. Mastel said he could come up with alternative routes to not bring the summer race into
downtown.
Councilmember Weidner suggested organizers could probably find a different venue for the
summer race which would not begin and end in downtown Stillwater.
Mr. Mastel said the fall race was approved last year basically because the summer race was
cancelled.
Councilmember Polehna noted if it were made a pass - through event, it would be better
because downtown will be torn up.
Motion by Mayor Harycki, seconded by Councilmember Kozlowski, to temporarily lift the
moratorium to allow the July and October races and to have the applicant work with staff to find
an alternative finish line outside of downtown Stillwater, avoiding possible construction
problems.
Councilmember Polehna pointed out the Council is actually denying the request because the
request is to have the races end in Lowell Park. The next motion should be to allow the event
with condition it ends in an area other than Lowell Park.
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City Council Meeting
March 19, 2013
Councilmember Weidner said he believes the moratorium applies to these races as proposed.
He would rather have Mr. Mastel take the information discussed tonight and return with a
request that complies with the moratorium so there is no need to lift the moratorium.
Councilmember Polehna said he prefers to have something firm in front of him to vote on.
Mayor Harycki and Councilmember Kozlowski rescinded the motion and directed the organizer
to work with staff for an alternate ending point and come back to Council.
STAFF REPORT
Fire Chief Glaser gave his staff report early due to a mandatory training exercise. He
informed the Council that the fire department has been busy with a barn fire in May
Township, a mutual aid house fire in Houlton and a house fire on Myrtle Street. He
reminded Council that last fall the Insurance Service Office evaluated our ISO rating, and he
will present the report's findings to the Council at a future meeting. The Annual Fire
Department Relief Association meeting will be held Monday, April 1, at 5:30 p.m. in the
Margaret Rivers Room at the Stillwater Public Library.
ADJOURNMENT
The special meeting ended at 5:46 p.m.
REGULAR MEETING 7:00 P.M.
Mayor Harycki called the meeting to order at 7:02 p.m.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Police Chief Gannaway
Public Works Director Sanders
Community Development Director Turnblad
Finance Director Harrison
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to approve the
March 5, 2013 regular and recessed meeting minutes. All in favor.
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City Council Meeting
OPEN FORUM
March 19, 2013
Adam Frederick, participant in the North Hill Garden, thanked Councilmember Polehna,
Parks Commission, Council and City staff for working with garden members again this year.
Plot assignments will take place March 26, 2013 at 6:30 p.m. at the First United Methodist
Church. Councilmember Polehna thanked the North Hill Garden members for their efforts.
City Administrator Hansen noted that there have been no negative issues with the North Hill
Garden whatsoever.
Dewey Miller, 810 West Pine Street, addressed the Council about an overhanging tree branch
on the south side of Pine Street that appears to be hazardous and should be trimmed. He also
commented that Pine Street is a racetrack and asked the Council to place speed limit signage
to curtail excessive speeds and accidents. City Administrator Hansen said the City will send
someone out tomorrow to look at the tree.
Mayor Harycki said mobile speed display signs may be placed on Pine Street when the
temperature warms.
STAFF REPORTS
Police Chief Gannaway informed the Council that Hunter Julian, the new Community
Resource Officer, has replaced Leo Miller, including duties such as code enforcement and
problem properties. Residents and Council may call him at 351 -4944 with complaints or
comments.
City Engineer Sanders informed the Council that last Wednesday the U.S. Army Corps of
Engineers had the bid opening for the levee project. The low bid was from a Maryland firm
for $782,894. The Corps will take 30 days to review and approve the bid, and award the
contract around April 8. The contractor will be notified to proceed around April 22. The cost
of the project has dropped significantly from $10 million initially. He also reported snow will
be removed from downtown Wednesday and Thursday nights.
Councilmember Polehna noted he has received a number of complaints that residents are not
shoveling their sidewalks.
Finance Director Harrison stated the auditors will be here for a couple of days for
preliminary audit work. The sales tax audit was just finished. The City again received a
Certificate of Achievement for Financial Reporting for 2011 and that award was the 22nd or
23rd consecutive award.
CONSENT AGENDA
Resolution 2013 -033, directing payment of bills
Approval to purchase new vehicle — Building Inspections
Resolution 2013 -034, approval of Special Event & Contract — Farmer's Market
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City Council Meeting
March 19, 2013
Resolution 2013 -035, approving 2013 salary schedule for temporary seasonal parking
ramp attendant
Possible approval of Service Award for Jane Taves (Human Rights Commission)
Possible approval of bids for mowing and snow blowing of problem properties
Resolution 2013 -036, approval of contract with Braun Intertech relating to Lowell Park
restrooms and riverfront parking lots
Motion by Councilmember Kozlowski, seconded by Councilmember Weidner to adopt the
Consent Agenda.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
PUBLIC HEARINGS
Case No. 2013 -05. A public hearing to consider a request from Aspire Development,
representing The Freight House for an amendment to an existing special use permit for the
addition of an exterior bar with a roof structure at the caboose located at 305 Water Street South
in the CBD, Central Business District, and any variances related thereto.
Community Development Director Turnblad reviewed the request. The Freight House would
like its special use permit amended to allow for a small expansion in the bar /patio area. The
proposal calls for adding a new roof and bar area on the south side of the caboose. The new
roof would have a pitch similar to the existing Freight House building. Another small roof
addition is proposed over an expanded food ordering counter. Lighting changes will be
minimal. The sound system currently in place will remain. Seating capacity will be reduced
by ten, so no parking impacts are anticipated. The Heritage Preservation Commission
recommended approval with conditions. The Planning Commission recommended approval.
The site is within the 100 -year floodplain, so any construction must be above the 693
regulated elevation and the request meets that requirement.
Mayor Harycki opened and closed the public hearing. There were no comments.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt
Resolution 2013 -037 approving a special use permit amendment for the expansion of the
Caboose Bar at the Freight House Restaurant, Case No. 2013 -05.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
This is the date and time for a public hearing for the 2013 Street Improvement. Notices were
mailed to affected property owners and published in the Stillwater Gazette on March 1 and
March 8, 2013
City Engineer Sanders informed the Council that streets to be improved are chosen via a
pavement analysis which is done every three years. This project involves reconstruction of
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City Council Meeting
March 19, 2013
Pine Street from Greeley to Holcomb, Pine Street from Broadway to Third Street South, and
Martha and William Streets between Pine and Willard. Streets scheduled for mill and overlay
are Pine from Third Street South to Holcomb, Churchill from Third Street South to Greeley,
and Myrtle from Main to Third Street South. This equals roughly 1.5 miles. The total
estimated cost of the project is $1,263,400.92 including design, surveying, inspection,
administration, and contingencies. The preliminary assessment for the reconstructed streets is
$10,050 per unit. Commercial properties would be assessed $100.05 per lineal foot.
Replacement of galvanized water services would be assessed 100% to the benefitting
property owner. The property owners with the galvanized services would pay the cost of
$1,645 per service. For the mill and overlay streets, the preliminary assessment rate for the
residential properties would be $1734.11 per unit and the commercial properties would
receive a preliminary front footage assessment rate of $28.77 per foot. Neighborhood
meetings were held in January and March. The proposed schedule is: approve plans April 2;
award bid May 7; construction May through August; assessment hearing September 17.
Larry R who owns the Wolf Building on Myrtle and Main Street, asked for
clarification on the cost to him and how to pay for it.
City Engineer Sanders provided Mr. R an assessment roll and informed the audience
that assessments may be paid in full or in part; whatever remains after November 15 is put on
real estate taxes over a ten -year period at four percent interest.
Motion by Councilmember Menikheim, seconded by Councilmember Weidner to adopt
Resolution 2013 -038, ordering plans and specifications for the 2013 Street Improvement Project
(Project 2013 -02).
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
This is the date and time for a public hearing for the County's Orleans Street Improvement
project Notices were mailed to affected property owners and published in the Stillwater Gazette
on March 1 and March 8. 2013
City Engineer Sanders reviewed the County's Orleans Street Improvement Project which
involves County Highway 23 from 4th Avenue South to 4th Street South. Total project costs
are estimated at $315,800, primarily funded by Washington County, with $38,479 to be paid
by the City. Fifty percent of the City's costs are to be assessed to affected property owners
via unit assessment. The assessment rate for residential lots would be $1,377.10 and the rate
for the athletic field property would be $8,721. A neighborhood meeting was held last week.
The preliminary schedule is: approve plans April 2; award bid May 7; construction June
through August; assessment hearing September 17.
Mayor Harycki opened and closed the hearing. There were no comments.
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City Council Meeting March 19, 2013
Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt
Resolution 2013 -39 ordering improvements and plans and specifications for the County Road
Improvement Project (Project 2013 -04).
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Possible second reading of Ordinance 1059 an ordinance extending the corporate limits of
Stillwater into certain unincorporated territory that is less than 40 acres in area and more than
60% surrounded by the City of Stillwater.
City Attorney Magnuson explained that this was approved at the last Council meeting. It
involves the intersection of Greeley Street and Highway 36. It will result in a clean boundary
line along the south edge of the City.
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Ordinance
No. 1059, an ordinance extending the corporate limits of Stillwater into certain unincorporated
territory that is less than 40 acres in area and more than 60% surrounded by the City of
Stillwater.
Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, and Mayor Harycki
Nays: None
NEW BUSINESS
Possible approval of Veterans Memorial Board request to install a sign on City fence and request
to waive prohibition on installing signs on fences.
Community Development Director Turnblad reviewed the request. The Veterans Memorial
Board would like to install a sign on City fence at the Memorial at Third and Pine Streets.
This would require waiving the prohibition of signage on fences. The letters are proposed to
be attached to two aluminum channel rails matching the existing fence color. The rails would
be bolted to the fence. The proposed sign is 8 feet long and the individual letters are 6 inches
high for a total of 4 square feet in area. The sign will not be illuminated. Staff recommends
approval. The Heritage Preservation Commission will do the design review.
Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski to approve the
request to install a sign on City fence and to waive the prohibition on installing signs on fences.
Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, and Mayor Harycki
Nays: None
Councilmember Polehna thanked the Veterans Memorial Board for all it does to honor our
veterans.
Page 10 of 12
City Council Meeting March 19, 2013
Possible Approval to Institute Police Reserve Fund
Police Chief Gannaway explained that the Police Department would like to institute a new
policy of charging entities that are holding "for profit" events within the City a fee of $15 per
hour per Reserve Officer. The funds collected would go into a newly established Reserve
Officer Fund to offset equipment, uniforms and training costs. Reserve Officers are
volunteers who play a significant role in Police Operations. He explained that Reserve
Officers assist by focusing on parks, trails, downtown, residences of vacationing residents,
providing an extra set of eyes and ears for the Police Department. They go through a training
program and are provided with uniforms, equipment belt (minus the firearm), and one
marked police vehicle to patrol the City a minimum of two shifts per month. They also work
various City - affiliated special events such as the 4th of July, (formerly) Lumberjack Days,
Art Fairs, and other special events that occur in the City. Charging an hourly rate for their
services would help offset City costs for this program.
Motion by Councilmember Kozlowski, seconded by Councilmember Weidner to adopt
Resolution 2013 -040, establishing a Police Reserve Fund.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
Possible Approval of No Parking Resolution — Pine and North Broadway
City Engineer Sanders reviewed the request to extend the prohibition on parking on the north
side of Pine Street between Second and Broadway to include the north side of Pine Street
between Third and Broadway, due to street reconstruction planned for this summer.
Councilmember Polehna suggested touching base with the affected residents.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt
Resolution 2013 -041, approving parking restrictions on S.A.P. 169 - 102 -006 (Pine Street) from
South Broadway Street to South Third Street.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
COUNCIL REQUEST ITEMS
Councilmember Menikheim expressed interest in having an audit done on the CVB. He has
no concerns about the CVB, but noted that it has not been audited since inception and he
would like to protect the critical work that the CVB does for the City. Perhaps the City could
share in the cost of an audit.
Councilmember Kozlowski commented an audit is an expensive process.
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City Council Meeting
March 19, 2013
Mayor Harycki said a review could be done, at a lower cost, instead of an audit.
City Attorney Magnuson said any public entity has to have an audit every five years and the
CVB is coming up on its fifth year. He offered to give the Council estimated costs at the next
meeting.
STAFF REPORTS (CONTINUED)
City Engineer Sanders informed the Council that he talked to Curt Giesler at Lakeview
Hospital regarding the sidewalk on Everett. Mr. Geisler would not object to a sidewalk and
would prefer it be located on the east side of Everett. Mayor Harycki wanted to know what
the school thought of this and suggested checking with the Junior High. Mr. Sanders will
follow up with both parties.
ADJOURNMENT
Motion by Councilmember Weidner, seconded by Councilmember Kozlowski t djourn the
meeting at 7:58 p.m. All in favor.
Harycki, Mayor
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Diane F. Ward, City Clerk
Resolution 2013 -033, directing payment of bills
Resolution 2013 -034, approval of Special Event & Contract — Farmer's Market
Resolution 2013 -035, approving 2013 salary schedule for temporary seasonal parking
ramp attendant
Resolution 2013 -036, approval of contract with Braun Intertech relating to Lowell Park
restrooms and riverfront parking lots
Resolution 2013 -037, approving a special use permit amendment for the expansion of
the Caboose Bar at the Freight House Restaurant Case No. 2013 -05
Resolution 2013 -038, ordering plans and specifications for the 2013 Street Improvement
Project (Project 2013 -02)
Resolution 2013 -39, ordering improvements and plans and specifications for the County
Road Improvement Project (Project 2013 -04)
Resolution 2013 -040, resolution establishing a Police Reserve Fund
Resolution 2013 -041, approving parking restrictions on S.A.P. 169 -102 -006 (Pine Street)
from South Broadway Street to South Third Street
Ordinance No. 1059, an ordinance extending the corporate limits of Stillwater into
certain unincorporated territory that is less than 40 acres in area and more than
60% surrounded by the City of Stillwater
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