HomeMy WebLinkAbout2015-12-01 CC Packet
REVISED AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 Fourth Street North
December 1, 2015
REGULAR MEETING 4:30 P.M.
RECESSED MEETING 7:00 P.M.
4:30 P.M. AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. Discuss scoping document for Bergstein Buildings Business Plan Advisory Committee
2. Update on Solid Waste & Recycling Contract
3. Discussion on Purchasing Policy
4. Discussion on Legislative Agenda
IV. STAFF REPORTS
5. Police Chief
6. Fire Chief
7. City Clerk
8. Community Development Dir.
9. Public Works Dir.
10. Finance Director
11. City Attorney
12. City Administrator
7:00 P.M. AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
13. Possible approval of November 17, 2015 regular meeting minutes
IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
14. Certificate of Appreciation: Liberty Homeowners Association Donation
X. 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.
XI. CONSENT AGENDA (ROLL CALL) 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.
15. Resolution 2015-205, directing payment of bills
16. Resolution 2015-206, final acceptance of work for Third Street Reconstruction Project (Project
2012-04)
17. Resolution 2015-207, approving new wine and strong beer liquor license to 2Js LLC, DBA: The
Meet Market
18. Resolution 2015-208, resolution approving Master Agreement for Minnesota Court Data Services
for Governmental Agencies (Police Department)
19. Resolution 2015-209, adopting delinquent sewer charges Project No. 0001 (Available Tuesday)
20. Resolution 2015-210, adopting delinquent garbage bill charges Project No. 0002 (Available
Tuesday)
21. Resolution 2015-211, approval of 2016 Towing License for Stillwater Towing
22. Resolution 2015-212, resolution approving Certificate of Completion, Release, and Conformity
(Simonet Furniture)
XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT
YOUR COMMENTS TO 10 MINUTES OR LESS.
XIII. UNFINISHED BUSINESS
23. Possible adoption of resolution establishing the Trail Plan Advisory Committee
24. Possible adoption of resolution of findings related to the Bugbee appeal
25. Update on 2015 System Statement
XIV. NEW BUSINESS
26. Presentation Truth and Taxation
a. Possible adoption of resolutions for 2015 Budget & Tax Levy (2 Resolutions – Roll Call)
(Available Tuesday)
27. Possible approval of first reading of Ordinance 1084, amending the City of Stillwater City Code
Chapter 29, Sewers and Chapter 32, Nuisances (1st reading – Roll Call)
28. Possible approval of cleaning services proposal for City Hall and Public Works (Resolution – Roll
Call)
XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XVI. COMMUNICATIONS/REQUESTS
XVII. COUNCIL REQUEST ITEMS
XVIII. STAFF REPORTS (CONTINUED)
XIX. ADJOURNMENT
S
On behalf of a grateful city and upon the recommendation of leading citizens,
the Mayor and City Council hereby extend recognition and appreciation to
Liberty Homeowners Association
For the development of neighborhood activity that provided a donation toward
the Stillwater Beyond The Yellow Ribbon Program
and for outstanding service in support of the City of Stillwater’s mission.
_____________________________________
Ted Kozlowski, Mayor Date of Recognition: December 1, 2015
STILLWATER CITY
COUNCIL CERTIFICATE OF
APPRECIATION
RESOLUTION 2015-205
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 $516,929.24 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 1st day of December, 2015 .
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
EXHIBIT "A" TO RESOLU T ION #2015-205
LIST OF BILLS
1ST Line/Leewes Ventures LLC
Accela Inc
Al's Coffee Company
Aspen Mills
Becker Fire Safety Services LLC
Bernicks
Bluestem Heritage Group
Bryan Rock Products Inc .
Burks Tree and Landscape Care
Cardinal Tracking Inc
Carquest Auto Part s
COW Government Inc .
Century Link
Chappell Central Inc
Coca-Cola Refreshments
Cole Papers
Com cast
Cub Foods
Daleo
ECM Publishers
ECSI System Integrators
Electric Fire & Security
Fitzsimmons Brandon
Galls LLC
Gertens Wholesale
Goodyear Commercial Tire
Ice Skating Institute
J.P. Cooke Co .
Krueger's Christmas Trees
L.T .G.Power
Leffler Compan ies
Marshall Electric Company
Menards
Minnesota Occupational Health
MN Dept of Transportat ion
Murphy Jame s
NAC Mechanical and Electrical Services
Neopost Great Plain s
Office Depot
Pepsi Beverages Company
Pereboom Jes se
Pioneer Manufacturing Co.
Primary Products Co .
Pro-Tee Design
Riedell Shoe s Inc.
Sams Marine Inc
SEH Inc
Snacks for concessions
Monthly UB web payments
Coffee & hot chocolate for conce ss ions
Unifo r ms
Fire extinguisher service
refre shments for concessions
Bell stand professional services
Gravel
Professional services tree & landscape care
Envelopes for TickeTrak
Auto maint supplies
Computer equipment
Telephone
Fire Hall
Beverages for concession s
Supplies
TV Internet & Voice
Coffee
Janitorial supplies
Library Board Vacancy
Silent Knight digital communicator
Fire alarm inspection
Refund of UB overpayment
Uniform supplies
Garland
Tires
Skater memberships
Dog license tags
Trees and wreaths
Equipment repair supplies
Copier
Parking ramp indoor light control
Supplies
Drug testing
Material testing & inspection
Beaver trapping
Fire Hall
Copier/printer repair
Office supplies
Beverages for concessions
Reimburse for mileage-City Tech Day
Gameline aero sol blue
Nitrile gloves
Fire station
Skates
Winterize motor
Br idge inspection s
165.65
466.85
252 .95
83.45
381.40
572 .00
951.85
41.82
1,066.00
768.72
58.21
5,458 .51
40 .73
7,996 .15
677 .28
235 .15
576 .06
23.38
501.82
31.85
2,270.32
398.50
442 .25
58 .71
17.45
584.68
507.00
60.50
230 .00
32.20
2,355.15
290 .00
284.63
296 .20
1,009.26
400.00
30,419 .75
287.50
702.24
204.96
37 .12
550.50
99.48
1,817.45
418 .38
1,262.85
922 .92
Page 1
EXHIBIT "A" TO RESOLUTION #2015-205 Page 2
Sentry Systems Inc. Alarm monitoring 140.85
Simplex Grinnell LP Equipment repair 524.00
Stender Jeff Reimburse for ex penses 902 .64
Stillwater Fire Relief Assoc 2015 Fire State Aid 162,030.95
Stillwater Motor Company Vehicle service 58.48
Stillwater Turf & Power LLC Equipment repair supplies 1,092 .25
Sweeper Services Craig J Wodnick Conveyor chain 15.45
Tekton Construction Company Fire Hall 10,611.35
Tri-State Pump and Controls Inc. Lift station repairs 1,125.00
United Refrigeration Inc Equipment repair supplies 234.96
USAble Life Term Life Insurance 436.80
Viking Industrial Center Safety equipment 203.80
WSB & Associates Inc. MS4 Services 173 .25
Zee Medical Service Safety equipment 278.10
Ziegler Inc. Equipment repair 636 .87
NOVEMBER MANUALS
Clark Dan Cleaning service 1,095.83
Display Sales LED Bulbs 1,345.00
Guest Services Meal ticket Chad Jansen 11/29-12/4 167.32
Postmaster UB Billing Postage 2,995.56
Thomson Reuters Info Charges 125 .00
Washington County Palmer Land Purchase 116,000 .00
Washington County Conservation fees 5 .00
Xcel Energy Energy 41 ,831.05
CREDIT CARDS
Action Rental Inc. Propane-Fire open house 39 .64
Amazon .com H&W supplies & equipment SHIP Grant 631.86
Cub Foods Fire open house 423 .64
Delta Air Airfair to Seattle 1,794.40
Ebay Power supply for Touchscreen Monitor 14.39
GTS Educational Events Land use workshop 110.00
Hampton Inn State Fire Chiefs Conference Lodging 1,188 .84
HealthSource Solutions Conference registration 185 .00
Kwik Trip Dedication ceremony refreshments 373.75
Lynn Card Company Stationary 299.24
Motif Seattle Lodging ICMA Conference 782 .82
Racine North Computer for conference room 610 .00
Survey Monkey Survey for new website 26 .00
EXHIBIT "A" TO RESOLUTION #2015-205
liBRARY
Baker and Taylor
Brodart Co
Cartridge World Hudson
Fremming Susan E
Midwest Tape
Office of MN IT Services
Scholastic Inc
Toshiba Business Solutions
Viking Auto Sprinkler Co .
ADDENDUM
Ancom Technical Center
Aspen Mills
Briggs & Morgan
CDW Government
Dell
Delta Dental
Galls
Jansen Chad
Lexipol
Magnuson Law Firm
Office Depot
Performance Plus
Springsted
Stender Jeff
Verizon Wireless
Walmart
Xcel Energy
Adopted by the City Council this
1st Day of December, 2015
Materials
Materials
Supplies
Staff Reimbursement
Materials
Telephone
Programmin g (Friends)
Maintenance Contract
Annual Fire Inspection
Pager supplies
Uniforms
Terra Springs
Came r as-RC & LL
Cameras -RC & LL
COBRA
Uniforms
Reimburse for training
Fire policy manual update
Professional Service
Office supplies
Medical screening
Terra Spr i ngs
Reimbursements
Wireless services
Supplies
Energy
Page 3
848.49
1,205 .18
117.98
48 .16
539.28
371.07
106.42
44.01
585 .00
12 .00
427.35
29 ,531.88
1,760 .80
827 .15
252 .60
79.98
200 .00
4,038.00
13,357 .17
201.24
343 .00
40,558 .06
157.69
1,424.22
481.93
4,591.66
TOTAL 516,929.24
RESOLUTION 2015-209
ADOPTING DELINQUENT SEWER CHARGES
PROJECT NO. 0001
WHEREAS, it is the policy of the City of Stillwater to certify to the County the
delinquent utility charges.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Stillwater, Minnesota, which the attached list constitutes the delinquent sewer charges
and is hereby levied as an assessment against those parcels and the total is $161,777.28.
Adopted by the Stillwater City Council this P 1 day of December, 2015
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
City of Stillwater 2015 Certification of Deliquent Util ity Billings
For Collection with the 2016 Property Taxes
Project #0001-1 Year-10 % Interest
Property ID Certification Amount Property ID Certification Amount
19 .030 .20 .12.0024 $71.35 29 .030.20 .32.0044 $419.00
19.030.20.13.0017 $438 .20 29 .030.20.32 .0055 $404.60
19.030.20 .21.0105 $115 .55 29 .030 .20 .32.0068 $587 .00
19 .030 .20 .22.0011 $351.80 29 .030 .20 .32 .0073 $462 .20
19 .030.20 .31.0013 $144 .60 29 .030.20 .32.0083 $122 .00
19 .030.20.34 .0017 $172.00 29.030.20.33.0010 $1,503.80
19 .030.20.34.0026 $177 .30 29.030.20.33.0013 $375.80
19 .030 .20 .34.0032 $347.00 29 .030.20.33.0028 $247.00
19.030.20.34.0034 $390 .20 29.030.20.33 .0030 $300.45
19 .030.20.34.0062 $134.85 29 .030 .20 .33.0048 $438.20
19 .030.20.42.0007 $114.55 29 .030.20 .33.0076 $979 .60
19 .030.20.44 .0034 $244.50 29 .030.20.34.0020 $428 .60
19.030.20.44.0046 $347.00 29 .030.20.34 .0032 $726 .20
20 .030 .20 .13 .0011 $351.40 29 .030 .20.34.0037 $344.35
20.030 .20 .14.0008 $471.80 29 .030.20.34.0043 $245.15
20.030.20 .21.0017 $495 .80 29 .030 .20.34.0085 $423 .80
20.030 .20.21.0020 $558.20 29 .030 .20.41.0007 $452 .60
20.030 .20 .21.0031 $655 .20 29.030 .20.41 .0019 $264 .70
20 .030 .2 0.21.0050 $390 .20 29.030 .20.41.0023 $361.40
20 .030.20.22.0003 $500.00 29.030 .20.41.0038 $423.80
20.030 .20 .22.0020 $107 .65 29 .030.20.41.0055 $577.40
20.030 .2 0.22 .0022 $457.40 29 .030 .20.41.0072 $923.00
20.030.20 .23.0007 $181.50 29 .030.20.41.0092 $347 .00
20.030.20.24.0009 $227.00 29.030.20.41.0093 $361.40
20.030 .20.33 .0036 $283 .25 29.030.20.41.0105 $519 .80
20.030.20.33.0070 $60.90 29.030.20.41 .0108 $1,281.65
20.030.20.33 .0071 $535.80 29 .030.20.41.0111 $576.40
20.030 .2 0.34 .0006 $208.60 29.030 .20.41.0116 $404.60
20 .030.20.34.0009 $292.85 29.030.20.42.0009 $505.40
20 .030 .20.41.0021 $61.75 29.030 .20.42.0011 $539 .00
20 .030.20.44.0003 $409.40 29 .030.20.42 .0017 $659.00
20 .030.20.44.0032 $547.60 29.030.20.42 .0020 $371.00
20.030 .2 0.44.0053 $361.40 29.030 .20.42.0025 $495.80
21.030.20.12.0008 $215.00 29 .030 .20.42 .0031 $726.20
21.030.20.13.0020 $433.40 29.030.20.43 .0005 $591.80
21.030 .20 .13 .0053 $356 .60 29.030 .20.43.0009 $61.75
21.030 .20 .13 .0062 $347.00 29.030.20.43 .0016 $361.40
21.030 .20.13.0064 $347.00 29.030.20.43.0020 $347 .00
21.030.20 .14.0005 $347.00 29 .030 .20.43.0027 $587.00
21.030 .20 .14.0010 $347 .00 29.030 .20.43.0030 $347.00
21.030 .2 0.14 .0012 $347 .00 29 .030 .20.43.0054 $247.00
21.030.20.14 .0013 $510.20 29.030 .20.43 .0075 $424.20
21.030 .2 0 .14.0018 $172.00 29.030.20.43.0078 $167.35
21.030 .20.14.0034 $548 .60 29.030 .20.44 .0020 $433 .40
21.030 .20 .24.0021 $365.20 29.030.20.44 .0024 $127 .90
21.030 .20.24 .0028 $247.00 29 .030.20.44.0026 $90.55
21.030.20.32.0003 $350.80 29 .030.20.44 .0041 $347.00
21.030.20.33.0012 $148.50 29 .030 .2 0.44.0054 $347.00
City of Stillwater 2015 Certific at ion of Deliquent Utili ty Billin gs
For Collection with the 2016 Property Ta xes
Project #0001 -1 Year -10% Interest
Property ID Certification Amount Property ID Certification Amount
21.030 .2 0 .33.0043 $796 .80 29 .030.20.44.0089 $191.70
21.030 .2 0.33 .0067 $371 .00 29 .030.20.44.0114 $721.40
21 .030.20 .33.0090 $347 .00 29.030 .20.44.0118 $543 .80
21.030.20.33 .0099 $148 .50 29.030 .20.44 .0120 $328.45
21.030 .20 .34 .0022 $172 .50 30.030.20.31.0013 $543 .80
21.030.20.34 .0027 $491.00 30.030.20.31.0026 $71.35
21.030 .20.34.0053 $235.50 30.030.20 .31.0058 $254 .60
21.030 .20.34.0069 $119.35 30 .030.20 .33 .0031 $82 .10
21.030.20.34.0142 $427 .73 30.030.20 .33.0033 $308 .60
21.030.20.34.0159 $399 .80 30 .030.20.33 .0048 $841.40
21.030.20 .41.0013 $423.45 30.030.20.33 .0055 $524.60
21.030.20.43.0015 $495.80 30 .030 .20.33.0065 $221.00
21.030.20.43 .0017 $577.40 30 .030.20 .34.0059 $424.20
21.030.20.43.0027 $147 .00 30 .030 .20.41 .0022 $462.20
21.030 .20.43 .0031 $678.20 30.030 .20.44 .0032 $863 .60
21.030.20.43.0072 $341.20 30 .030.20.44 .0046 $347 .00
21.030 .20.43.0074 $361.40 31 .030 .20 .11.0033 $361.40
21.030 .2 0.43 .0106 $350.80 31.030 .20.11.0038 $322 .80
21.030.20.44 .0014 $94.60 31.030.20.11.0085 $467 .00
28 .030.20.11.0035 $1,714.00 31.030.20.11.0088 $447.80
28 .030 .20 .12.0026 $366.20 31.030.20.11.0090 $659.00
28 .030.20.12 .0029 $375 .80 31.030.20 .11.0091 $179 .00
28 .030.20 .12 .0063 $503 .70 31.030.20.11.0094 $164.00
28 .030.20.12 .0078 $498.20 31.030.20.11.0098 $347.00
28 .030.20 .12.0115 $691.00 31.030.20 .14.0040 $390 .2 0
28 .030.20 .13 .0076 $1,297.40 31.030 .20.14 .0061 $221 .00
28.030.20.13.0078 $104 .95 31.030.20.22 .0018 $158.10
28 .030.20.13 .0081 $498.20 31.030.20.22.0034 $173.50
28 .030.20 .13 .0116 $160.50 31.030.20.24.0013 $586.60
28.030.20 .13 .0128 $548.60 31.030 .20 .24 .0020 $61.75
28 .030.20.13 .0139 $347 .00 31.030.20.24.0042 $100.00
28 .030 .20.21.0004 $476.60 31.030.20.31.0021 $497 .70
28 .030 .20 .21 .0009 $428 .60 31.030.2 0 .3 1.0027 $168.35
28 .030.20 .21 .0013 $298 .65 31.030 .2 0.31.0076 $273.30
28 .030 .20 .21.0016 $235.25 31.030 .20.31.0078 $501.20
28.030 .2 0 .2 1 .0023 $577.40 31.030.20 .3 1.0083 $476.60
28 .030 .20 .21.0060 $61.75 31.030 .2 0.31.0092 $908 .60
28 .030 .20 .21.0077 $246 .20 31.030 .20.41.0021 $347.00
28 .030.20 .21 .0080 $175.80 31.030 .20.41.0049 $104.95
28 .030.20.21.0103 $620 .60 31.030.20.42.0008 $210.00
28.030.20.21.0107 $443 .00 31.030.20.44.0014 $6,512 .00
28.030 .2 0 .21.0111 $196 .50 31.030.20.44.0015 $423.80
28 .030 .20 .21.0112 $457.40 32.030.20 .12 .0012 $361.40
28.030 .20 .21.0113 $347.00 32.030 .20 .12.0014 $322.00
28 .030 .20 .21.0117 $596 .60 32 .030.20.12.0018 $211.40
28 .030.20 .22.0041 $404.60 32.030.20.12.0053 $390.20
28.030.20 .22.0043 $567.80 32.030 .20.12.0070 $184.20
28 .030.20.22 .0054 $178 .30 32.030.20.13.0029 $543 .80
City of Stillwater 2015 Certification of Deliquent Utility Billin gs
For Collection with the 2016 Property Ta xes
Project #0001 - 1 Year-10% Interest
Property ID Certification Amount Property ID Certification Amount
28 .030 .20 .22.0088 $347.00 32 .030.20.13 .0032 $467.00
28 .030.20.22.0089 $347.00 32 .030.20.13.0036 $96.00
28 .030.20.22 .0092 $409.40 32 .030 .20.13.004 7 $618 .25
28 .030.20.22.0095 $519 .80 32 .030 .20.13 .0048 $567 .80
28 .030.20.23.0015 $347 .00 32 .030.20.13.0065 $539 .00
28.030 .20.23.0031 $197.00 32 .030 .20.13 .0087 $347 .00
28.030.20 .23.0036 $84.25 32 .030.20 .13.0097 $347.00
28 .030.20.23 .0060 $428.60 32.030.20.14.0079 $158 .10
28 .030 .20 .23.0070 $147 .00 32 .030 .20.14 .0080 $764.60
28 .030 .20 .23.0082 $446.45 32 .030.20 .21.0009 $244.85
28.030 .20 .23.0096 $663 .80 32.030.20.21 .0028 $347.00
28 .030 .20 .23.0108 $404.60 32.030.20.21 .0043 $531.00
28.030 .20 .23.0112 $61.75 32 .030.20.22 .0002 $390.20
28.030 .20 .23 .0113 $347.00 32.030 .20 .22.0012 $510 .20
28.030.20.23.0121 $235.25 32.030.20 .22 .0017 $548 .60
28 .030 .20 .23 .0123 $347 .00 32 .030 .20.22.0035 $186.90
28 .030 .20.23.0132 $61.75 32 .030 .20.22 .0046 $591.80
28.030.20.23.0133 $99 .55 32 .030.20.22 .0065 $361.40
28.030 .20 .23 .0136 $807.80 32.030 .20.22 .0085 $347 .00
28.030 .20 .24 .0047 $375 .80 32.030 .20 .22.0107 $347.00
28.030 .20 .24 .0051 $481.40 32.030.20 .23.0041 $320.90
28.030.20.24.0075 $606.20 32 .030 .20 .23 .0046 $649.40
28.030 .20 .24 .0101 $347 .00 32 .030.20.32 .0030 $3,984.40
28.030 .20 .24.0102 $375.80 32.030.20.44.0006 $781.00
28.030.20 .24.0104 $61.75 33 .030 .20 .11.0010 $61.75
28 .030 .20.31.0004 $313.00 33.030.20.11.0013 $347.00
28 .030 .20 .31.0021 $179 .00 33 .030 .20 .11.0021 $409.40
28.030 .20 .31.0023 $347 .00 33 .030 .20 .11.0030 $351.80
28.030.20.31.0028 $467.00 33 .030.20.11.0044 $731.00
28 .030 .20 .31.0031 $347.00 33 .030.20.11.0048 $404.60
28.030.20.31.0049 $347 .00 33 .030.20.11.0063 $230.60
28 .030 .20.31.0098 $158 .10 33 .030.20.11.0085 $498 .20
28.030 .20.31.0123 $187.55 33 .030 .20 .11.0087 $788 .60
28.030 .20 .31.0125 $61.75 33 .030 .20 .11.0107 $179 .00
28.030.20.31.0131 $240.05 33 .030 .20.11.0109 $443 .50
28 .030.20.31.0134 $836.60 33 .030.20.11.0111 $582 .20
28 .030.20.31 .0135 $512.60 33 .030.20.11.0126 $577.40
28 .030 .20.31.0138 $385.40 33 .030.20 .11.0132 $84.25
28.030.20.32.0006 $193 .00 33 .030.20.11.0134 $66.55
28 .030.20.32 .0017 $179 .00 33 .030.20.11.0136 $347.00
28 .030.20.32 .0024 $351 .80 33 .030.20 .11.0137 $186.55
28 .030.20 .32 .0029 $447.80 33.030.20 .12.0006 $374.20
28 .030.20.32 .0034 $61 .75 33.030.20 .12.0017 $476 .60
28 .030.20 .32 .0075 $740 .60 33.030.20 .12 .0034 $61.75
28 .030.20.32.0088 $287.00 33.030.20.12.0035 $385.40
28.030.20.32.0099 $385.40 33 .030.20.12.0039 $498 .20
28.030.20.32 .0107 $347 .00 33.030.20.12 .0049 $529.40
28 .030.20.32 .0114 $2,216 .30 33.030 .20.12.0051 $395 .00
City of Stillw ater 2015 Certification of De liqu e nt Util it y Bill ings
Fo r Collection with the 2016 Property Ta xe s
Project #0001 -1 Yea r -10% Interest
Property ID Certification Amount Property ID Certification Amount
28.030.20 .32.0115 $2 3 5.25 33 .030.20 .12.0073 $100.15
28.030 .20 .3 2.0116 $235 .25 33.030 .20.12.0086 $351.80
28.030 .20 .32 .0117 $235 .25 33 .030.20.12.0091 $347 .00
28 .030 .20 .32 .0118 $1,443 .50 33 .030.20.12.0152 $366 .20
28 .030.20.32 .0129 $61.75 33 .030.20 .12.0156 $347.00
28.030 .20 .32.0142 $498.20 33.030.20 .13.0002 $547 .60
28.030 .20.33.0027 $405 .00 33 .030.20 .13.0016 $76.15
28.030 .20 .33.0041 $404 .60 33 .030.20 .13 .0030 $814 .00
28.030 .20 .33 .0070 $292.85 33.030.20 .13.0045 $702 .20
28 .030.20.33.0074 $498 .20 33 .030.20 .13 .0061 $371.00
28.030 .20 .33 .0083 $510.20 33 .030.20 .13.0066 $951.80
28 .030.20.33 .0086 $52.25 33 .030.20 .14.0003 $60.25
28 .030 .20 .33 .0100 $572.60 33.030.20 .14.0007 $336.40
28.030 .20 .33 .0114 $235.25 33 .030 .20 .14.0015 $423.45
28 .030.20.33 .0123 $287.00 33 .030 .20 .14.0025 $793.40
28.030.20.34.0004 $347.00 33 .030 .20 .14.0029 $347 .00
28 .030 .20.34.0007 $347 .00 33.030.20 .14.0051 $433.40
28 .030.20.34 .0043 $401.45 33 .030 .20 .14.0071 $457.40
28.030.20 .34.0110 $347.00 33 .030.20 .14.0075 $99.55
28 .030 .20.41 .0036 $625 .00 33 .030 .20 .14.0118 $148.50
28.030 .20.41.0089 $305 .00 33.030 .20.14 .0120 $500 .60
28.030.20.41 .0096 $546.10 33 .030 .20.14.0126 $235.25
28.030 .20.41 .0105 $2,162 .00 33.030 .20 .14.0128 $351.80
28.030.20.42 .0070 $347 .00 33.030.20.14.0132 $347 .00
28 .030.20.42.0091 $227.00 33.030.20.21.0019 $639 .80
28 .030.20.42.0116 $99.55 33 .030 .20 .21.0041 $419 .00
28.030 .20.42 .0118 $395.00 33 .030.20.21.0116 $467 .00
28 .030.20.42.0133 $606 .20 33.030.20 .21 .0121 $84.25
28.030 .20.43 .0006 $153.30 33 .030.20.22.0055 $956 .60
28 .030.20.44 .0071 $759 .00 33 .030.20.24.0027 $457 .40
29.030 .20.12 .0035 $687 .80 33 .030.20 .31.0007 $515 .00
29.030 .20 .14.0032 $529.40 33 .030.20.31.0026 $443.00
29 .030.20 .14.0049 $138 .05 33.030.20.31.0029 $202 .30
29 .030.20 .14.0066 $347 .00 33.030.20 .31 .0065 $351.80
29 .030 .20 .21.0009 $659 .00 33 .030.20.31.0079 $283.00
29 .030 .20 .21.0050 $436.45 33 .030.20.32 .0023 $648 .80
29.030 .20 .21.0061 $347.00 33 .030.20.32 .0033 $347.00
29 .030.20.24.0011 $577.40 33 .030 .20 .3 4.0025 $66.55
29 .030.20.24.0050 $606.20 33 .030 .20.41.0012 $268 .00
29 .030.20.24 .005 1 $567 .80 34 .030 .20 .22 .0068 $548 .60
29 .030.20 .31.0024 $419 .00 34 .030.20 .22.0076 $481.40
29 .030.20 .31.0031 $78 .20 34.030 .20.23 .0045 $90 .55
29 .030.20.31.0043 $548 .60 34.030 .20 .23 .0049 $404.60
29 .030.20.31.0056 $110 .90 34 .030.20 .23 .0050 $84.2 5
29 .030.20.31.0059 $186.90 34.030 .20 .23 .0090 $137 .20
29.030.20.32.0028 $4 76 .60 34 .030 .20 .23 .0094 $4 2 3 .80
29.030 .20.3 2.0034 $630.20 Total $161,777.28
RESOLUTION 2015-210
ADOPTING DELINQUENT GARBAGE BILL CHARGES
PROJECT NO. 0002
WHEREAS, it is the policy of the City of Stillwater to certify to the County the
delinquent garbage bill charges.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Stillwater, Minnesota, which the attached list constitutes the delinquent garbage bill
charges and is hereby levied as an assessment against those parcels and the total is
$88,082.43.
Adopted by the Stillwater City Council this pt day of December 2015.
Ted Kozlowski , Mayor
ATTEST :
Diane F. Ward, City Clerk
City of Stillwater 2015 Certification of Deliquent Garbage (Waste Management)
For Collection with the 2016 Property Taxes
Project #0002-1 Year-10% Interest
Property ID Certification Amount Property ID Certification Amount
19 .030 .20.12.0024 $391.54 29.030.20 .32.0055 $364 .51
19.030.20.12.0034 $288 .35 29.030.20.32.0068 $347.95
19 .030.20.13 .0017 $318 .38 29.030.20.32.0076 $219 .95
19 .030 .20 .22 .0011 $381 .09 29 .030.20 .32.0086 $254.65
19 .030 .20.31.0030 $371.32 29 .030.20 .33 .0010 $350 .27
19.030.20.31.0036 $244 .94 29.030.20 .33 .0026 $268 .08
19 .030.20 .31.0070 $217 .19 29 .030 .20 .33.0043 $289 .08
19.030.20.34 .0032 $213 .90 29.030.20 .33 .0048 $182 .51
19.030.20 .34.0034 $82 .67 29 .030.20.33.0061 $296.71
19.030.20.34.0052 $174.86 29.030.20 .33.0076 $218.42
19.030.20.43.0035 $267.55 29 .030 .20.34.0020 $305 .82
19.030.20 .44 .0034 $339 .76 29.030.20 .34.0032 $389 .65
19.030.20.44.0046 $277 .80 29.030.20.34 .0037 $140 .86
20.030.20 .21.0015 $358.35 29.030.20.34.0084 $296.49
20.030 .20 .21 .0020 $301.33 29 .030.20.34.0085 $347 .95
20.030 .20 .21.0050 $195.79 29.030 .20.41.0019 $66 .80
20.030.20.22.0003 $281 .16 29 .030 .20.41.0023 $298 .73
20.030 .20.24.0009 $366.02 29.030 .20.41.0055 $328.93
20.030 .20.33 .0059 $130.04 29.030.20.41.0092 $350.90
20.030 .20.33.0077 $83.52 29.030.20.41.0093 $253.55
20.030 .20.34.0006 $345 .92 29 .030.20.41.0105 $321 .96
20 .030.20.34 .0009 $132 .01 29 .030.20 .41.0108 $78.52
20.030.20 .41.0005 $60 .50 29 .030.20.41.0116 $66.80
20.030.20.44.0053 $296 .68 29 .030.20.41.0118 $258.45
21.030 .20 .12 .0008 $360 .40 29 .030.20.42 .0011 $218 .04
21.030.20.13.0041 $262 .70 29.030.20.42.0017 $318 .21
21.030.20.13 .0053 $250 .63 29 .030 .20.42.0025 $404 .02
21.030 .20 .13 .0056 $377.64 29 .030 .20 .42 .0031 $347 .83
21.030 .20 .13.0062 $181 .77 29 .030.20.42.0041 $369 .43
21.030.20 .13 .0064 $295 .53 29.030 .20.43.0005 $314 .67
21.030 .20 .13.0089 $297 .77 29 .030.20.43 .0016 $83.32
21.030.20 .14.0005 $311.18 29.030 .20.43.0019 $159 .09
21 .030 .20 .14.0009 $313 .42 29 .030.20.43.0020 $296 .41
21 .030.20.14 .0018 $299 .65 29 .030.20.43.0027 $149.65
21.030.20 .14.0034 $370 .17 29 .030.20.43.0030 $295.37
21.030.20 .24 .0021 $143 .60 29 .030.20.43 .0041 $305 .63
21.030 .20 .24.0028 $265 .81 29 .030.20.43 .0054 $338 .36
21.030 .20 .33.0012 $378 .28 29 .030 .20.44 .0014 $298.53
21.030.20 .33 .0043 $257.70 29.030 .20.44.0020 $300.03
21.030 .20 .33.0067 $277.02 29.030.20.44.0024 $283 .03
21.030.20 .33 .0073 $362.73 29.030.20.44.0026 $249.67
21.030 .20 .33 .0116 $340.93 29 .030 .20.44.0054 $352 .03
21.030 .20 .34.002 7 $366 .77 29 .030.20.44 .0104 $339 .69
21 .030.20 .34.0053 $176.57 29 .030 .20 .44.0114 $352.55
City of Stillwater 2015 Certification of Deliquent Garbage (Waste Management)
For Collection with the 2016 Property Taxes
Project #0002 -1 Year-10% Interest
Property ID Certification Amount Property ID Certification Amount
21.030.20.34.0067 $56 .76 29.030.20.44.0129 $61.15
21.030.20 .34.0140 $263.49 30.030.20.11.0010 $225 .71
21.030.20 .34.0142 $356 .01 30.030.20.22 .0004 $308.62
21.030.20.34.0144 $77 .10 30.030 .20 .32.0041 $399.47
21.030.20.34.0156 $191.04 30.030.20.33.0039 $346.81
21.030 .20 .34.0158 $87.45 30.030 .20 .33 .0048 $282 .39
21.030.20 .41.0013 $378 .22 30 .030.20.33.0065 $146.84
21.030.20.43.0017 $78.52 30.030.20.34.0019 $246.17
21.030.20.43 .0031 $279.98 30.030.20.34.0032 $357.75
21.030.20 .43.0072 $137.07 30.030.20.41.0007 $279.30
28.030.20.12 .0006 $79.96 30.030.20.41.0022 $192.40
28.030.20.12.0026 $296.53 30.030.20.44.0046 $83.52
28 .030.20.12.0029 $253 .65 31.030.20.11.0020 $247.48
28.030.20 .12.0078 $347 .71 31.030.20.11.0022 $145.42
28 .030.20.12.0115 $369.81 31.030.20.11.0033 $170.53
28 .030.20 .13.0076 $306.46 31.030.20.11.0038 $188.82
28.030 .20.13 .0078 $362 .91 31.030.20.11.0085 $354.88
28 .030.20.13 .0081 $348.03 31.030.20.11 .0090 $347.79
28 .030.20.13.0083 $306.50 31.030.20.11.0098 $296.49
28.030.20.13.0139 $307.76 31.030.20.12.0007 $246.69
28.030.20 .21.0009 $326.13 31.030.20.13 .0007 $159.30
28.030.20 .21 .0023 $347.95 31.030.20.13.0045 $86 .28
28 .030.20.21 .0060 $71.80 31.030.20.14.0040 $141.29
28.030.20.21.0080 $191.83 31.030.20.14.0061 $303.78
28.030.20.21.0091 $635.02 31.030.20.14.0068 $66.80
28.030.20.21.0092 $608.51 31.030.20.22.0034 $333.51
28.030.20.21 .0093 $233 .81 31.030.20.24.0019 $82 .61
28 .030.20.21 .0103 $162.04 31 .030.20 .24 .0034 $115.20
28 .030.20 .21.0107 $199 .68 31.030.20.24.0045 $83.80
28.030.20.21.0112 $299.80 31.030.20.31.0021 $61.15
28 .030.20.21.0113 $358.50 31.030.20.31.0076 $162 .04
28.030 .20 .21.0117 $317.03 31.030.20.31.0078 $105.00
28 .030.20 .21.0130 $71.80 31.030.20.31.0092 $300.18
28.030.20 .22 .0043 $230 .31 31.030.20.44.0015 $464.43
28.030.20.22.0058 $349.23 32.030.20 .12 .0048 $282.07
28.030.20.22.0066 $324.08 32.030.20.12.0053 $330.29
28.030.20.22.0076 $309.56 32.030.20.12 .0070 $347.87
28.030.20.22 .0088 $301.78 32 .030 .20.13.0029 $288.10
28.030.20.22.0092 $298 .61 32.030.20.13.0032 $360.02
28.030 .20.23 .0015 $295 .47 32.030.20.13.0047 $260.60
28.030.20.23.0031 $85.42 32.030.20.13.0048 $311.09
28.030 .20 .23 .0034 $164.30 32.030.20.13.0065 $270.14
28.030.20 .23.0045 $140.42 32 .030.20.13.0087 $312 .67
28.030.20.23.0060 $349 .07 32.030.20.13.0097 $296 .89
City of Stillwater 2015 Certification of Deliquent Garbage (Waste Management)
For Collection with the 2016 Property Taxes
Project #0002 -1 Year -10% Interest
Property ID Certification Amount Property ID Certification Amount
28.030 .20 .23 .0108 $400 .36 32 .030 .20 .14.0015 $88 .60
28 .030.20 .23 .0113 $315.08 32 .030.20 .14.0079 $340.04
28 .030 .20 .23 .0132 $159 .30 32 .030 .20 .21.0009 $296.45
28.030.20.23.0136 $377.68 32 .030 .20 .21.0028 $272 .16
28 .030.20 .23.0140 $202 .11 32 .030 .20.21.0043 $271.32
28 .030 .20.24 .0025 $462.81 32.030.20 .21.0054 $303.49
28 .030 .20 .24.0038 $66 .80 32 .030.20 .21.0079 $246 .70
28.030 .20 .24.0049 $375.01 32.030.20.21.0080 $184 .76
28 .030.20.24.0051 $293 .45 32 .030.20.21.0083 $160.66
28 .030 .20.24.0075 $118.78 32 .030 .20 .21.0093 $249 .67
28 .030 .20.24.0101 $306.50 32 .030.20 .21.0094 $67.52
28.030 .20 .24.0102 $243.17 32 .030 .20 .22.0002 $328.83
28 .030 .20.31.0021 $172 .31 32.030.20.22.0012 $357 .81
28 .030.20 .31.0023 $305.16 32 .030.20.22 .0017 $345 .10
28.030.20.31 .0028 $256.74 32.030.20.22.0042 $71.80
28 .030 .20.31 .0031 $141.67 32.030.20 .22.0046 $253.19
28 .030.20 .31.0049 $249.43 32 .030.20.22.0059 $379.23
28.030 .20 .31.0088 $1,013.21 32.030 .20 .22 .0085 $358.50
28.030.20.31.0098 $377.54 32 .030.20.22.0107 $347 .87
28 .030.20.31 .0132 $66 .80 32.030.20.23.0041 $173.32
28 .030 .20.31.0135 $296 .32 32.030.20.23.0055 $74.32
28 .030.20.31.0138 $347.87 3 2 .030.20.24.0023 $297.85
28 .030 .20.32 .0006 $222 .58 32.030.20 .24 .0034 $252 .66
28.030.20 .32.0017 $331.88 32.030.20.24.0062 $71.80
28.030.20.32 .0039 $216.12 33.030.20.11.0021 $388 .21
28 .030 .20.32 .0070 $333 .59 33 .030.20.11.0030 $351.31
28 .030 .20.32.0075 $349.83 33 .030.20 .11.0044 $346.95
28.030.20.32 .0079 $130.81 33 .030 .20 .11.0048 $296 .53
28 .030.20.32.0083 $573.13 33 .030 .20 .11.0085 $374.73
28 .030 .20.32 .0099 $296.49 33 .030 .20.11.0103 $82.38
28 .030.20.32.0100 $347.55 33 .030 .20 .11.0104 $219.98
28 .030.20 .32.0107 $244.11 33 .030.20 .11.0111 $299 .83
28.030 .20.33.0027 $347 .71 33 .030 .20 .11.0136 $249.15
28 .030.20.33 .007 4 $296.49 33.030 .20 .11.0138 $298.29
28 .030.20 .33.0083 $285 .20 33 .030.20 .12 .0017 $275.34
28.030.20 .33.0100 $298 .05 33 .030.20.12.0019 $389.56
28.030.20 .33.0114 $78 .52 33.030.20.12 .0035 $132.41
28 .030 .20 .33 .0123 $303.26 33 .030 .20.12 .0039 $302 .77
28.030 .20 .34.0004 $266.58 33 .030.20 .12 .0051 $305 .34
28 .030 .20 .34.0007 $296 .49 33 .030.20 .12 .0067 $213 .04
28 .030 .20 .34.0025 $88.23 33.030.20 .12.0086 $311.21
28 .030 .20.34 .0043 $193.56 33 .030 .20.12 .0091 $296.21
28.030 .20 .34.0044 $297 .49 33 .030 .20 .12.0109 $87.94
28 .030 .20.34 .0060 $256 .09 33 .030 .20 .12.0152 $217 .62
City of Stillwater 2015 Certification of Oeliquent Garbage (Waste Management)
For Collection with the 2016 Property Taxes
Project #0002-1 Year-10% Interest
Property 10 Certification Amount Property 10 Ce rtification Amount
28 .030.20 .34.0102 $219.44 33.030.20 .12.0156 $370.88
28 .030 .20.34.0110 $354 .65 33.030.20.13.0035 $122.90
28 .030.20 .41.0089 $247 .53 33.030.20 .13.0057 $254 .39
28 .030 .20 .41.0109 $579.09 33 .030 .20 .13.0061 $296 .25
28.030.20 .42 .0070 $190 .27 33.030.20.13.0066 $351.59
28 .030.20.42 .0116 $327 .91 33.030.20.14.0002 $90.49
28 .030.20 .42 .0118 $253.55 33.030.20.14.0025 $333 .85
28.030.20.42.0127 $432 .17 33.030.20.14.0029 $176 .37
28 .030.20.42 .0133 $315.58 33.030.20.14 .0051 $111.08
28.030.20.42.0147 $248.18 33 .030.20 .14.0067 $66 .80
28 .030.20.43 .0006 $169 .30 33.030.20.14.0071 $302 .38
28.030 .20.43.0059 $298.32 33 .030 .20 .14.0075 $56.15
28 .030.20.43 .0100 $485 .98 33 .030.20.14.0118 $71.80
28.030.20.43 .0107 $85 .83 33.030 .20 .14.0120 $375 .76
28 .030 .20 .44.0020 $75.07 33.030 .20.14.0128 $249 .67
28.030 .20 .44 .0071 $198 .99 33.030.20.14.0132 $407 .25
29.030.20 .11.0034 $275.24 33.030.20 .21 .0019 $262 .46
29.030.20 .11.0057 $216 .03 33 .030.20.21.0041 $55.10
29 .030.20.12.0035 $299.85 33.030.20.21.0082 $483 .30
29.030 .20 .14.0020 $174 .86 33.030.20 .21 .0116 $315 .08
29 .030 .20 .14.0032 $296.25 33.030 .20.21 .0130 $325 .88
29.030 .20 .14.0066 $237.82 33.030.20.21.0132 $60 .64
29.030 .20.14 .0086 $306 .59 33.030.20.22.0055 $357 .24
29 .030 .20 .21.0050 $72.46 33.030.20 .24 .0027 $347.99
29.030 .20.21.0061 $347 .99 33.030.20 .31 .0026 $272 .24
29.030.20.24 .0011 $304 .64 33.030 .20.31.0029 $162.42
29.030.20 .24.0051 $295.13 33.030.20.31.0030 $310.57
29.030.20.24.0053 $460 .13 33.030.20.32 .0023 $171.90
29.030.20 .31.0024 $310.85 33.030.20.32.0030 $309 .67
29 .030.20 .31.0043 $347 .95 34.030.20 .22.0068 $348.19
29 .030 .20 .31.0064 $66 .80 34.030 .20.22 .0076 $346 .63
29.030 .20 .32 .0034 $544 .31 34.030.20.23 .0050 $173.98
29.030.20 .32 .0042 $170 .96 34.030.20.23.0090 $298.57
29.030.20.32 .0052 $329 .07 34.030.20.23 .0094 $375.37
Total $88,082.43
RESOLUTION 2015-212
RESOLUTION APPROVING CERTIFICATE OF COMPLETION, RELEASE, AND
CONFORMITY
(SIMONET FURNITURE)
BE IT RESOLVED, by the City Council of Stillwater, MN that the Certificate of
Completion, Release and Conformity related to property located at 2159 Curve Crest
Boulevard, Stillwater, Minnesota with the legal description of Lots 3, 4, 5 and 6,
Block 1, Kern-Pauley Addition, Washington County, Minnesota, attached hereto as
Exhibit “A” and as on file with the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor
to sign the contract on the City’s behalf.
Adopted by the City Council of the City of Stillwater this 1st day of December, 2015
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
Page 1 of 2
CERTIFICATE OF COMPLETION,
RELEASE, AND CONFORMITY
WHEREAS, the City of Stillwater, Minnesota, a municipal corporation, (the City) entered
into a certain contract for private development with Simonet Furniture and Carpet Company, Inc.,
dated as of the 4th of April, 1995, (the Agreement), recorded in the offices of the County Recorder for
Washington County on March 6, 1995, as document number 876634, which provided for
development of the following described land in the County of Washington and State of Minnesota, to
wit:
Lots 3, 4, 5 and 6, Block 1, Kern-Pauley Addition, Washington County, Minnesota
(“the Property”)
And
WHEREAS, the Agreement contains certain covenants, conditions, and obligations of which
the breach of which by Developer its successors and assigns will result in an event of default and the
right to exercise remedies by the City, and
WHEREAS, the Developer has performed off covenants, conditions and obligations insofar
as it is able in a manner deemed sufficient to the City to permit the execution and recording of this
Certificate, and
WHEREAS, the City issued Special Use Permits for the Property on February 23, 1995 filed
April 7, 1995 as document number 837008 and on November 11, 2010 filed December 3, 2010 as
document number 382009 and the Property is in compliance with both Special Use Permits, and the
Property is a lawful use under the Zoning Ordinance of the City.
NOW, THEREFORE,
1. the City certifies that all covenants, conditions and obligations and other physical
improvements, specified to be done and made by the Developer have been completed
and that the land described herein and the Developer its successors and assigns is
forever released from all requirements of the Agreement, and
2. that the Property is in Compliance with the Zoning Ordinance of the City and in
Compliance with existing Special Use Permits.
DATED: ____________________, 2015.
CITY OF STILLWATER
___________________________________
Ted Kozlowski, Mayor
___________________________________
Diane F. Ward, Clerk
Page 2 of 2
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day of __________, 2015,
by Ted Kozlowski, Mayor, and Diane )Ward, City Clerk, of the City of Stillwater, a municipal
corporation, on behalf of the City of Stillwater, Grantor.
(Stamp)
___________________________________
(signature of notarial officer)
Title (and Rank):______________________
My commission expires: _______________
THIS INSTRUMENT WAS DRAFTED BY:
David T. Magnuson (#66400)
Magnuson Law Firm
324 Main Street South, Suite 260
Stillwater, MN 55082
(651) 439-9464
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20
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p
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Property Taxes 63%
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%
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l
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n
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.
20
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6
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s
*
20
1
6
P
r
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p
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p
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s
*
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p
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y
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s
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& Re
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n
$
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s
$1
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9
General Government 26%Public Safety 37%
Pu
b
l
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s
11
%
Cu
l
t
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&
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e
a
t
i
o
n
26
%
*
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n
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s
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20
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o
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8
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%
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b
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$
3
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5
1
4
,
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3
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6
6
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5
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.
3
0
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%
To
t
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l
s
$1
1
,
3
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.
0
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3
%
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0
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4
%
(
a
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)
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r
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m
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f
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s
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p
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p
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t
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s
14
.
9
%
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c
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e
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s
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n
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e
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l
t
h
I
n
s
u
r
a
n
c
e
3%
c
o
n
t
r
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t
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a
l
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c
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e
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s
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n
w
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s
Ad
d
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l
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(
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g
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r
)
*
Ca
p
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t
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u
t
l
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y
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d
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s
s
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m
p
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t
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n
d
s
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a
p
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t
a
l
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u
t
l
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y
B
o
n
d
s
20
1
6
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a
p
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t
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p
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c
h
a
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s
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n
d
p
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(
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p
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p
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y
)
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a
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f
t
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t
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a
t
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p
t
e
d
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o
v
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m
b
e
r
3
,
2
0
1
5
Ci
t
y
P
r
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p
e
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t
y
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a
x
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s
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t
1
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e
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r
s
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n
d
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t
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m
a
t
e
d
2
0
1
6
*
Ci
t
y
P
r
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p
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y
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s
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s
t
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e
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r
s
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n
d
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s
t
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m
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t
e
d
2
0
1
6
*
0%
10
%
20
%
30
%
40
%
50
%
60
%
70
%
20
0
7
2
0
0
8
2
0
0
9
2
0
1
0
2
0
1
1
2
0
1
2
2
0
1
3
2
0
1
4
2
0
1
5
2
0
1
6
*
Year
R
a
t
e
2007
4
6
.
4
9
8
%
2008
4
8
.
1
2
7
%
2009
4
7
.
9
3
0
%
2010
4
9
.
4
3
2
%
2011
5
2
.
5
3
9
%
2012
5
4
.
6
7
4
%
2013
6
1
.
5
0
3
%
2014
5
8
.
2
1
6
%
2015
5
4
.
9
1
6
%
2016*
5
7
.
0
0
7
%
LG
A
a
n
d
P
r
o
p
e
r
t
y
T
a
x
L
e
v
y
*
T
r
e
n
d
LG
A
a
n
d
P
r
o
p
e
r
t
y
T
a
x
L
e
v
y
*
T
r
e
n
d
$0
$1
,
0
0
0
,
0
0
0
$2
,
0
0
0
,
0
0
0
$3
,
0
0
0
,
0
0
0
$4
,
0
0
0
,
0
0
0
$5
,
0
0
0
,
0
0
0
$6
,
0
0
0
,
0
0
0
$7
,
0
0
0
,
0
0
0
$8
,
0
0
0
,
0
0
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$9
,
0
0
0
,
0
0
0
19
9
7
1
9
9
8
1
9
9
9
2
0
0
0
2
0
0
1
2
0
0
2
2
0
0
3
2
0
0
4
2
0
0
5
2
0
0
6
2
0
0
7
2
0
0
8
2
0
0
9
2
0
1
0
2
0
1
1
2
0
1
2
2
0
1
3
2
0
1
4
2
0
1
5
2
0
1
6
LG
A
Le
v
y
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h
e
L
e
v
y
p
r
e
s
e
n
t
e
d
i
n
t
h
i
s
s
l
i
d
e
d
o
es
N
O
T
i
n
c
l
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d
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t
h
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D
e
b
t
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r
v
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e
v
y
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x
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m
p
a
c
t
Pr
o
p
o
s
e
d
2
0
1
6
Ta
x
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m
p
a
c
t
Pr
o
p
o
s
e
d
2
0
1
6
As
s
u
m
p
t
i
o
n
s
:
Fi
s
c
a
l
D
i
s
p
a
r
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t
y
d
e
c
r
e
a
s
e
d
5
.
8
%
0.
4
%
i
n
c
r
e
a
s
e
i
n
m
a
r
k
e
t
v
a
l
u
e
Lo
c
a
l
T
a
x
V
a
l
u
e
i
n
c
r
e
a
s
e
d
3
.
5
%
d
u
e
m
a
i
n
l
y
t
o
th
e
a
n
n
e
x
a
t
i
o
n
o
f
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t
i
l
l
w
at
e
r
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o
w
n
s
h
i
p
P
a
r
c
e
l
s
Ac
t
u
a
l
P
r
o
p
o
s
e
d
%
I
t
e
m
P
a
y
2
0
1
5
P
a
y
2
0
1
6
C
h
a
n
g
e
Le
v
y
b
e
f
o
r
e
r
e
d
u
c
t
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n
f
o
r
s
t
a
t
e
a
i
d
s
$
1
1
,
9
6
8
,
6
9
9
$
1
2
,
6
7
6
,
1
7
0
5
.
9
1
1
%
St
a
t
e
A
i
d
s
-
$
6
2
9
,
0
4
6
$
6
4
5
,
6
0
3
2
.
6
3
2
%
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r
t
i
f
e
d
P
r
o
p
e
r
t
y
T
a
x
L
e
v
y
=
$
1
1
,
3
3
9
,
6
5
3
$
1
2
,
0
3
0
,
5
6
7
6
.
0
9
3
%
Fi
s
c
a
l
D
i
s
p
a
r
i
t
y
P
o
r
t
i
o
n
o
f
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e
v
y
-
$
1
,
1
8
4
,
0
8
6
$
1
,
1
1
4
,
6
1
8
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.
8
6
7
%
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c
a
l
P
o
r
t
i
o
n
o
f
L
e
v
y
=
$
1
0
,
1
5
5
,
5
6
7
$
1
0
,
9
1
5
,
9
4
9
7
.
4
8
7
%
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c
a
l
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a
x
a
b
l
e
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Date: December 1, 2015
TO: Mayor and Council
FROM: Tom McCarty, City Administrator
Diane Ward, City Clerk
SUBJECT: Accepting cleaning services proposal for City Hall and Public Works and
awarding contract
The City’s current contract with Dan Clark expires on December 31, 2015. City staff felt
that an RFP for cleaning services contract should be completed. RFPs were sent to 27
vendors and the City received six (6) proposals for a one year contract. The apparent
lowest responsible bidder is with Plymouth Ridge Inc., DBA Coverall Twin Cities in the
amount of $27,744 divided as follows:
City Hall $21,264.00 (present contract = $24,360.00)
Public Works - $6,480.00 (present contract = $6,000.00)
Overall there is a savings of $2,616.00, however the proposal increased the cleaning from 2
times per week to 3 times per week.
RECOMMENDATION:
Staff recommends that the proposal from Plymouth Ridge Inc., DBA Coverall Twin Cities be
accepted.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting
resolution “Accepting the Plymouth Ridge Inc., DBA Coverall Twin Cities proposal and
awarding contract for City Hall and Public Works Cleaning Services.”
ACCEPTING THE PLYMOUTH RIDGE INC., DBA COVERALL TWIN CITIES PROPOSAL
AND AWARDING CONTRACT FOR
CITY HALL AND PUBLIC WORKS CLEANING SERVICES
WHEREAS, the City advertised for proposals for cleaning services for City Hall and Public
Works is hereby received; and
WHEREAS, Six proposals were received with the lowest responsible bid proposal of
$27,744 received from Plymouth Ridge Inc., DBA: Coverall Twin Cities; and
NOW THEREFORE, BE IT RESOLVED by the City of Stillwater City Council as follows:
1. That the proposal from Coverall Twin Cities, as on file with the City Clerk is hereby
accepted;
2. That the contract for cleaning services for City Hall and Public Works is awarded to
Plymouth Ridge Inc., DBA Coverall Twin Cities;
BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign
the contract on the City’s behalf.
Adopted by the City Council of the City of Stillwater this 1st day of December, 2015
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Washington
~County
oard of Commissioners
Fran Miron, District 1
Ted Bearth, District 2
Gary Kriesel , Chair, District 3
Karla Bigham, District 4
Lisa Weik, District 5
3:30
3:30
3:40
3:40
3:45
3:55
4:10
4:25
4:45
5:30
6:00
***PLEASE NOTE CHANGE IN TIME***
BOARD AGENDA
DECEMBER 1, 2015-3:30 P.M.
Roll Call
Pledge of Allegiance
Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibilityor jUnction ofWashingtonCountyGovernment, wh ether or not the
issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County
Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, slate your name and address, and present
your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to
individual Board members will not be allowed. You are encouraged to limit your presentation/a no more than five minutes. The Board Chair reserves
the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of
Washington County'sResponsibilities
Consent Calendar-Roll Call Vote
Public Works-Cory Slagle, Assistant County Engineer
Resolution-Acquire Right of Way for Phase 4 of the County State Aid Highway 23 Project in the
City of Oak Park Heights
General Administration-Molly O'Rourke, County Administrator
A. Resolution-Revised County Program Aid Formula Developed by the Association of Minnesota
Counties' County Program Aid Workgroup
B. Resolution-Acceptance of 2015 3 rct Quarter Donations
Commissioner Reports-Comments-Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and
information, or raise questions to the staff Thi:nction is not intended to result in substantive board action during thii'ime . Any action necessary
because of discussion will be scheduled for a future board meeting.
Board Correspondence
Executive (Closed Session) with Public Works-Sharon Price, Property Manager
Discuss Settlement Option for Compensation and Damages for the Schiltgen Parcel as they Pertain
To the County State Aid Highway 17 Downtown Lake Elmo Improvements
Executive (Closed Session) with Public Works-Don Theisen, Public Works Director
Review Appraisal on PID 26.028.21.22.0003 as it Pertains to the Possible Purchase for Future
Public Purposes
Executive (Closed Session) with Administration-Molly O'Rourke, County Administrator
Discuss Labor Relations Strategy
Adjourn
•o '
. Public.BudgetMeeting on Proposed 2016 Washington County Budget
•.
Assistive listening devices are available for use in the County Board Room . . .. .
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
DECEMBER 1, 2015
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
Administration
Public Health
and Enviromnent
Public Works
ITEM
A. Approval of the November 17, 2015 County Board Meeting minutes .
B. Approval of agreement with Mary Storken to use county property to provide
onsite county employee wellness activities.
C. Approval of agreement with Tehout Selameab of Arcadia Research and
Evaluation L.L.C. for the purpose of carrying out the Statewide Health
Improvement Program (SHIP) grant evaluation requirement. The dollar
amount of$57,800 for services from December 1, 2015 to October 31, 2016
have been approved as part of the SHIP budget from the Minnesota
Department of Health.
D. Approval of reappointment of County Surveyor Michael Welling, to a four-
year term beginning January 1, 2016.
Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners ma y elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
Summary of Proceedings
Washington County Board of Commissioners
November 17, 2015
Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel,
District 3; and Lisa Weik, District 5. Absent: Karla Bigham, District 4; Board Chair Kriesel
presided.
Commissioner Reports-Comments-Questions
The Commissioners reported on the following items:
-Commissioner Bigham-reported that she attended the Veterans Day event on November 11 th
at Park High School in Cottage Grove. She reported that Congressman Tom Emmer visited the
Woodbury Workforce Center on November 12th. The final open house on the Cottage Grove
Ravine Park updates will be on November 18th from 6:00 p.m. to 7:30 p.m. at the Cottage
Grove South Service Center. She spoke with Public Health and Environment staff about
human trafficking issues and requested that they look into grants for signage and training;
-Commissioner Weik -reported that Congressman Tom Emmer visited the Woodbury
Workforce Center on November 12th; attended the Greater MSP annual meeting last week.
She noted that Scott Cohen from CNBC TV reported that Minnesota has been awarded the top
state for business, and that Greater MSP Board Chair Tim Welsh said that our region's
employment growth rate is the highest it has been in 10 years. The new board chair for Greater
MSP will be Richard Davis , current CEO of U.S. Bank; attended the East Metro Strong full
committee meeting on November 16, 2015, where the committee adopted its 2016 meeting
dates and reported there will be no meeting in December;
-Commissioner Bearth -reported that the County Attorney will have a press conference on
human trafficking on Wednesday, November 18th, at 10:00 a.m. and that he plans to attend the
press conference;
-Commissioner Miron-reported that he plans to attend the County Attorney's press conference
on Wednesday, November 18th, at 10:00 a.m., and discussed coverage with Commissioner
Kriesel for other meetings scheduled during the same timeframe;
-Commissioner Kriesel -reported that he plans to attend the County Attorney's press
conference on Wednesday, November 18th, at 10:00 a.m., and discussed coverage with
Commissioner Miron for other meetings scheduled during the same timeframe.
Community Services
-Approval to submit to the Minnesota Department of Human Services the Minnesota Family
Investment Program Services Plan for 2016-2017.
General Administration
Approval ofthe following actions:
-November 3, 2015 County Board Meeting minutes;
-Approval to set December 15, 2015, as the date for a public hearing on the final 2016-2020
Washington County Capital Improvement Plan (CIP);
-Lori Ahlness, President of the Veterans Campground on Big Marine Lake, thanked the Board
for its support, and presented the Board with a photograph of the campground;
-Approval of revisions to Policy #6006, related to Advisory Committees, Boards and
Commissions;
-Board Workshop to review and discuss the draft Library Strategic Plan;
-Board correspondence was received and placed on file.
Public Health & Environment
-Approval to accept the Natural Resources Block Grant Funding from the Minnesota Board of
Water and Soil Resources for 2016.
Public Works
Approval ofthe following actions:
-Board Workshop to discuss 2016 Counties Transit Improvement Board Grant applications;
-Traffic Control Signal Maintenance agreement between Washington County and the City of
Oak Park Heights;
-Resolution No. 2015-177, Metropolitan Council Grant Agreement SG-04146;
-New fee structure for the Historic Courthouse.
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"d Street N., Stillwater, Minnesota.
AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 Fourth Street North
December 1, 2015
REGULAR MEETING 4:30 P.M.
RECESSED MEETING 7:00 P.M.
4:30 P.M. AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. Discuss scoping document for Bergstein Buildings Business Plan Advisory Committee
2. Update on Solid Waste & Recycling Contract
3. Discussion on Purchasing Policy
4. Discussion on Legislative Agenda
IV. STAFF REPORTS
5. Police Chief
6. Fire Chief
7. City Clerk
8. Community Development Dir.
9. Public Works Dir.
10. Finance Director
11. City Attorney
12. City Administrator
7:00 P.M. AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
13. Possible approval of November 17, 2015 regular meeting minutes
IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
X. 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.
XI. CONSENT AGENDA (ROLL CALL) 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.
14. Resolution 2015-205, directing payment of bills
15. Resolution 2015-206, final acceptance of work for Third Street Reconstruction Project (Project
2012-04)
16. Resolution 2015-207, approving new wine and strong beer liquor license to 2Js LLC, DBA: The
Meet Market
17. Resolution 2015-208, resolution approving Master Agreement for Minnesota Court Data Services
for Governmental Agencies (Police Department)
18. Resolution 2015-209, adopting delinquent sewer charges Project No. 0001 (Available Tuesday)
19. Resolution 2015-210, adopting delinquent garbage bill charges Project No. 0002 (Available
Tuesday)
20. Possible approval of 2016 Towing License for Stillwater Towing
XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT
YOUR COMMENTS TO 10 MINUTES OR LESS.
XIII. UNFINISHED BUSINESS
21. Possible adoption of resolution establishing the Trail Plan Advisory Committee
22. Possible adoption of resolution of findings related to the Bugbee appeal
23. Update on 2015 System Statement
XIV. NEW BUSINESS
24. Presentation Truth and Taxation
a. Possible adoption of resolutions for 2015 Budget & Tax Levy (2 Resolutions – Roll Call)
(Available Tuesday)
25. Possible approval of first reading of Ordinance 1084, amending the City of Stillwater City Code
Chapter 29, Sewers and Chapter 32, Nuisances (1st reading – Roll Call)
26. Possible approval of cleaning services proposal for City Hall and Public Works (Resolution – Roll
Call)
XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XVI. COMMUNICATIONS/REQUESTS
XVII. COUNCIL REQUEST ITEMS
XVIII. STAFF REPORTS (CONTINUED)
XIX. ADJOURNMENT
CITY COUNCIL
MEETING DATE: December 1, 2015
REGARDING: Bergstein Reuse Committee
PREPARED BY: Abbi Jo Wittman, City Planner
RELEVANT BACKGOUND
In June the Council received a draft reuse study for the Bergstein Warehouse and Shoddy Mill.
The study’s assessment of the two structures indicated full rehabilitation of the warehouse
would require reconstruction of the second floor support system, installation of new stairs,
elevator and HVAC system. As the cost associated with the rehabilitation of the building will
be the responsibility of the City, and it was assumed unlikely interior uses would generate
enough funding cover the costs associated with the interior rehabilitation and exterior
restoration, the Council upheld the recommendations of the HPC and determined the partial
rehabilitation should occur. Partial rehabilitation includes the complete restoration of the
exterior facades of both buildings, including modifications to openings depending on the final
use of the property, as well as interior rehabilitation of the mill and the first floor of the
warehouse.
Proposed uses identified in the reuse study included basic services for trail users restrooms,
snack bar, historic interpretation, community program and exhibit spaces, a National Parks
Service visitor contact station as well as a potential bike repair or rental facility. Three primary
themes stood out during the study process: take advantage of the riverfront location and
proximity…to the trail; focus on recreational/non-motorized activities; and commercial
amenities should provide only basic amenities for trail users. The Council also learned certain
agencies and organizations were willing to partner with the City on the seasonal operations and
programming so the Council determined the City would develop a reuse committee to
formulate the business and operations plan for the two structures.
SCOPING DOCUMENT
Attached the Council will find a Scoping Document for the Reuse Plan Committee. The intent
of the Scoping Document is to provide a framework for the Committee and to help guide staff
in the development of an operations plan for the structures and site. The primary function of
the Bergstein Building’s Reuse committee is to take responsibility for the development of an
operation plan for the future use of the Bergstein Warehouse and Shoddy Mill while making
specific recommendations for the rehabilitation and interpretation of the buildings. Members of
the committee will include:
Bergstein Reuse Committee
Scoping Document Review (12.01.2015)
Page 2 of 2
Stakeholder Agency/Organization
Stillwater City Council National Parks Service*
Department of Natural Resources* St. Croix River Association
Stillwater HPC Stillwater Parks Commission
Washington County Historical Society Upper Midwest Jewish Historical Society*
ArtReach St. Croix* Stillwater CVB
Stillwater Area Chamber of Commerce Independent Business Association
Sustainable Stillwater’s Friends of Trails* St. Croix Boat and Packet*
At-Large At-Large
* Representatives of these organizations were identified during the reuse study process as
having an interest and willingness to partner with the City in programming and exhibits.
The committee is anticipated to create the plan within six months. During this process the
committee will identify:
The specific community programming activities and events that will occur in the
buildings.
The physical resources required for each of the specific programming activities.
Clear, concise and accurate recommendations for the interior rehabilitation and exterior
restoration needs.
The human resources required for each of the specific programming activities.
The programming and operational commitments of each stakeholder
agency/organization including the roles and responsibilities of each partnering
agency/organization as well as the City of Stillwater.
Site-specific interpretation theme.
While the reuse study identifies this committee as the party responsible for the development of
rehabilitation plans, the City has not budgeted the estimated $75,000 necessary for the plans to
be developed. Therefore, the committee will explore rehabilitation plan options. It is expected
at least one member of the reuse plan committee will continue to serve in an advisory capacity
for rehabilitation plan development.
COUNCIL DISCUSSION AND ACTION
The Council should discuss the Scoping Document and provide direction to staff for
modifications and adjustments, as needed. If the Council is comfortable with the Scope of Work
and duties of the Committee, staff will bring a Resolution establishing the Reuse Plan
Committee for consideration of the Council at their next meeting.
COMMITTEE SCOPING DOCUMENT, PAGE 1
BERGSTEIN REUSE PLAN COMMITTEE SCOPING DOCUMENT
A. INTRODUCTION AND BACKGROUND
In June, 2015, the City Council considered draft recommendations for the future reuse
and rehabilitation of the Bergstein Warehouse and Shoddy Mill, two National Register
listed structures located in Bridgeview Park near the southeastern entrance to the City
of Stillwater. The recommendations came about from a year-long reuse study process
designed to identify the potential reuse and rehabilitation opportunities of and for the
structures. The recommendation to the Council was that the “…the buildings could
function in part as a gateway for visitors to Stillwater… a general consensus that
restrooms and a picnic area should be included as part of any redevelopment and that
vehicle parking should be limited…that any commercial enterprise housed…should not
compete with existing local businesses.”
Take advantage of the Riverfront Location and proximity…to the trail;
Focus on recreational/non-motorized activities;
Commercial amenities should provide only basic amenities for trail users.
Specifically noted, basic services for trail users, historic interpretation, community
program and exhibit spaces, and a National Parks Service visitor contact station could
be incorporated into the Warehouse. The Mill could serve as a snack bar, bike repair or
rental facility or other trailside amenity. Amenities and day-to-day maintenance would
be provided through a low-cost or no-cost lease agreement between the city and a
private concessionaire (rentals, snack shop, etc.). The concessionaire would take care of
day-to-day maintenance and security and would take the lead in scheduling events.
The reuse study acknowledges “…[a]s public buildings, the mill and warehouse have
limited potential to generate sufficient revenue to offset the costs of rehabilitation and
ongoing operation. If the buildings are to be rehabilitated, the city will probably have to
fund the work...[o]fficials and residents generally seemed willing to support some
public investment in the property, but there was also agreement that the rehabilitation
should be accomplished as cost effectively as possible, and that an effort should be
made to generate some sort of revenue stream or barter arrangement that would reduce
ongoing operating and maintenance expenses.” However, “[b]ecause of the buildings’
simplicity and relative lack of character-defining original interior features, no
extraordinary measures or artisanal skills will be required to return them to functional
condition….substantial reinforcement of the upper level floor system in the Warehouse
would be required to return that portion of the building to active use.” Therefore, the
Council agreed with the recommendations of the reuse study team and the Heritage
COMMITTEE SCOPING DOCUMENT, PAGE 2
Preservation Commission that partial rehabilitation should occur to the buildings.
Partial Rehabilitation would include the full restoration of the exterior of both
buildings. The interior of the mill and the lower level of the warehouse would be fully
rehabilitated, leaving the interior space of both buildings finished in an open way to
allow for maximum flexibility of use.
B. PURPOSE AND SCOPE
The primary function of the Bergstein Building’s Reuse Committee (the “Committee”)
of the Council (the “Council”) of the City of Stillwater (the “City”) is to take
responsibility for the development of an operation plan (the “Plan”) for the future use
of the Bergstein Warehouse and Shoddy Mill while making specific recommendations
for the rehabilitation and interpretation of the buildings.
A primary goal of the Council is to adaptively reuse these vacant buildings. Following
the anticipated outline, the Committee will identify specific programming and
operation commitment, recommend site-specific interpretation, and draft
recommendations for interior rehabilitation of the structures.
C. COMMITTEE COMPOSITION
Membership
Committee members are appointed by the Council. The Committee shall be comprised
of representatives of the following stakeholder organizations as representatives have
indicated their willingness to partner in the future operations and programming on this
site. In the event the stakeholder organization would not like to participate in the
Committee, the stakeholder may nominate a representative of a different organization
for the Council’s consideration or appoint an at-large individual to serve in place of the
agency/organization.
Stakeholder Agency/Organization
Stillwater City Council National Parks Service
Department of Natural Resources St. Croix River Association
Stillwater HPC Stillwater Parks Commission
Washington County Historical Society Upper Midwest Jewish Historical Society
ArtReach St. Croix Stillwater CVB
Stillwater Area Chamber of Commerce Independent Business Association
Friends of Stillwater Trails St. Croix Boat and Packet
At-Large At-Large
COMMITTEE SCOPING DOCUMENT, PAGE 3
Role of a Committee Member
It is intended that the Committee leverage the experiences, expertise, and insight of key
individuals at organizations committed to the reuse of these National Register listed
historic structures in the City owned Bergstein Park. Committee members should:
Be genuinely interested in the initiative;
Be willing to represent their respective stakeholder agency/organization
including, but not limited to, identification of stakeholder agency/organization
commitments;
Be willing to commit to the outcome of the Committee for six months;
Appreciate the significance of the project for some or all major stakeholders,
helping ensure conflicting priorities and resources are balanced;
Advocate for the outcomes being pursued in the project;
Report on project progress.
The Committee shall designate a Chair by majority vote of the Committee members
present at the first meeting.
Materials and Communication
Any materials developed by the Committee shall be owned by the City. City staff shall
serve as a liaison between the Committee and the Council. Committee communication
with the Council and any outside agencies shall be coordinated through the staff
liaison.
Meetings
The Committee will meet at least monthly through the completion of the Plan. The
anticipated timeline is summarized on the following page. The following will be
utilized as a guide for the monthly meetings:
COMMITTEE SCOPING DOCUMENT, PAGE 4
Task
Material Review South Main Archeaological District
Bridgeview Park Plan
Bergstein National Register Nomination
Bergstein Reuse Study
City Funding Sources
Opportunity Analysis
& Needs Identification
Programming Contribution Commitments
Facilities Needs Assessment
Operating Contribution Commitments
- Staffing, Operating and Funding
Plan Drafting &
Rehab/Intrepretation
Discussions
Operation and Programming Detailing
Interior Rehabilitation Discussion
- Identification of Rehabilitation Plan Funding
Site-specific Intrepretation Discussions
Recommendations Specifications of Rehabiltation Needs
Specifications on Intrepretation Plan
January Solicitation Appointments
February Introductions Anticipated
Outline
Material
Review
March Opportunity
Analysis
Needs
Identification
April Plan
Drafting
Rehabilitation
Disucssions
Intrepretation
Discussions
May Draft Plan
Review
Draft Plan
Amendments
Rehabilitation
Recommendation
June Draft Plan
Submittal
Final Plan
Discussion
July Final Plan
Development
Final Plan
Submission
Final Plan
Adoption
August+Rehab Plan
Development
COMMITTEE SCOPING DOCUMENT, PAGE 5
Duration
The process of Plan development is expected to take approximately six months. The
Committee will sunset upon completion of the Plan. While it is anticipated the
Committee will be able to make recommendations towards rehabilitation, as well as
explore rehabilitation plan development, rehabilitation plan funds have not yet been
determined. In the event rehabilitation plans have not been developed, the Committee,
or representatives thereof, shall continue to serve in an advisory capacity for the
development of rehabilitation plans for the structures.
D. DELIVERABLES
The Committee shall develop a Reuse Plan for the two structures. The Reuse Plan will,
at a minimum, identify:
The specific community programming activities and events that will occur in the
buildings.
The physical resources required for each of the specific programming activities.
Clear, concise and accurate recommendations for the interior rehabilitation and
exterior restoration needs.
The human resources required for each of the specific programming activities.
The programming and operational commitments of each stakeholder
agency/organization including the roles and responsibilities of each partnering
agency/organization as well as the City of Stillwater.
Site-specific interpretation theme.
Generally speaking, the Plan shall contain the following: Executive Summary, Building
and Site Context, Partnership Profile(s), Challenges and Responses, Goals and
Objectives, Services Proposed, Financing and Marketing.
Date: November 25, 2015
TO: Mayor and Council
FROM: Tom McCarty, City Administrator
Diane Ward, City Clerk
SUBJECT: Update on Solid Waste & Recycling Contract with Waste Management
The City’s current contract with Waste Management expires on December 31, 2015. City
staff have been in negotiations with Waste Management since June. The proposed contract
has been reviewed by the City Attorney, as well as a consultant to Washington County (free
service as part of our recycling grant) to ensure that current verbiage meets state laws and
regulations, as well as the Washington County Waste Management Master Plan 2030.
The items that may change in the contract relate to the following:
5 year agreement
Definitions expanded
Detailed Certification Process for delinquent garbage bills to be completed by Waste
Management to meet Minnesota Statutes
Quantity limits on curbside pickup for Appliances or Bulk items
Removal of collection of electronics at Hazardous Waste Day – to be conducted by
Washington County
Tipping fees at the Ramsey/Washington Recycling and Energy Board Facility
City facilities services
Services provided for Lumberjack Days & 4th of July
Performance & Payment Bond Requirements
Insurance Requirements
Liquidated Damages
Rates to encourage recycling
Annual adjustment limits during 5 year agreement
Staff will continue its negotiations and bring the contract, along with a resolution for the
rates, for Council approval at their December 15th meeting.
216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us
DATE: November 25, 2015
TO: Stillwater City Council
FROM: Tom McCarty, City Administrator
SUBJECT: Review of City Purchasing Policy Provisions
BACKGROUND
City Council members have noted that City Council agendas often include requests for
approval of capital outlay purchases under the Consent Agenda portion of the agenda.
Most of the capital outlay requests placed on the Consent Agenda are items that have been
included in the City’s adopted budget for that calendar year and the department is now
proceeding to acquire the capital item. The question has been raised whether the current
procedure for approval of the purchase of capital outlay items is necessary and/or required
by city policy.
DISCUSSION
The City of Stillwater Purchasing Policy provides guidance and outlines the approvals
required for City purchases of goods and services (see attached Purchasing Policy). The
necessary level of approval authority is dependent upon the dollar value of the services
purchased (see Section 3 of the Purchasing Policy). In general, City Council approval is
required for services purchases in excess of $50,000.
However, Section 1.2 of the Purchasing Policy provides specific guidance relative to
budgeted Capital Outlay purchases, essentially requiring City Council approval of all
budgeted capital outlay items (computer items with a cost > $500 and all other assets with
a cost > $1000).
A point for discussion is whether the City could manage its capital outlay purchases in a
manner consistent with the purchasing procedure for other services, thereby only
requiring City Council approval for purchase of budgeted capital items in excess of $50,000.
If so, appropriate amendatory language and protocols for purchase of budgeted capital
items would need to be drafted for review and a resolution amending the City of Stillwater
Purchasing Policy would be need to be approved by City Council. Staff will proceed based
on direction from City Council.
CITY OF STILLWATER
PURCHASING POLICY
1. POLICY.
1.1 The City of Stillwater budget, as adopted for each year, allocates funds for the
purchase of supplies, goods and services , contractual and consulting services,
other services and capital outlay items . Requests cannot be made for items outside
the budget except under special circumstances. These special circumstances will
have to be approved by the City Council upon recommendation of the City
Administrator. The Purchasing Agent is the City Administrator.
1.2 All budgeted Capital Outlay purchases must be preapproved by the City Council
and related purchase orders shall be signed by the City Administrator. Capital
Outlay purchases consist of computer equipment with a cost of more than $500
and all other assets with a cost of $1,000 or more that have a useful life of greater
than one ( 1) year.
1.3 All budgeted purchases shall be submitted for review by the City Council and
provided in the regular meeting packets .
1.4 Recurring charges such as contractual services (e .g., cleaning services, uniform
services, snow plowing services , etc.), telephone, and utility services do not
require purchase orders but the invoices for these services must be approved for
payment by the appropriate Department Head or designee.
2. DEPARTMENTS AFFECTED:
All Departments.
3. PURCHASING PROCEDURE:
3.1 Purchase Requirements:
Type of Sealed Purchase
Amount of quote Approval Written bid bids Contract order
Purchase: required: required by: specifications: required: required: required:
Purchases Not Required City Clerk Not Required No No No
up to Asst. Public
$1 ,000 Works Supt.
Police Capt.
Deputy Fire
Chief
Purchases At least two Department As required No As required Yes ; signed
$1 ,000 up written Heads based on type of based on type by
to $5,000 quote s purchase of purchase Department
required Head
unless special
Type of Sealed Purchase
Amount of quote Approval Written bid bids Contract order
Purchase: required: required by: specifications: required: required: required:
circumstances
are noted
Purchases At least three City As required As required Construction Yes , except
over $5,000 written Administrator based on type of based on projects yes; for certain
up to quotes purchase. the type of commodities construction
$50 ,000 required purchase at discretion projects ;
unless special of City signed by
circumstances Administrator City
are noted. Administrator
or Deputy
Treasurer
Purchases At least three City Council As required As required Construction Yes, except
over written based on type of based on projects yes; for certain
$50,000 up quotes purchase. the type of commodities construction
to $100,000 required purchase at discretion projects;
unless special of City signed by
circumstances Administrator City
are noted . Administrator
or Deputy
Treasurer
Purchases City Clerk City Council Required. Yes Yes Yes, except
greater than must for certain
$100 ,000 advertise in construction
City's legal projects (i.e.,
newspaper Local Imp .);
signed by
City Admin.
or Deputy
Treasurer
3 .2 Bidding Requirements:
3.2.1 When supplies or equipment are competitive in nature, specifications
cannot exclude all but one type of equipment or supplies . Proposals and
specifications must allow free and full competition. Bidding requirements
cannot be avoided by splitting a contract into several contracts, each of
which is below the minimum amount requiring sealed bids. For example,
the City cannot purchase $30,000 of lumber in several transactions, each
involving an expenditure of less than $25,000. However, if materials or
work logically fall into two separate contracts because they involve
separate transactions, as for the service of contractors specializing in
different kinds of work, the City can negotiate the contracts individually
without sealed bids if the bids do not exceed the $25,000 minimum.
3.2.2 The City of Stillwater is subject to Minnesota state sales tax. There are a
few exceptions to state sales tax such as the purchase of fire trucks or
-2-
marked police cars, and fire truck repair parts. Bidders should specify
whether their bid includes sales tax or not. If an invoice for an approved
purchase does not include applicable sales tax a corrected invoice
including the appropriate sales tax must be obtained from the vendor.
3.2.3 Sealed bids are required for purchases exceeding $100,000. The bids must
be advertised by the City Clerk in the City 's legal newspaper (Notice to
Bidders) and publicly opened and approved by Council resolution. In
addition to the legal notice, the City must prepare instructions to bidders
and general specifications for sealed bids. Attaching a copy of the
proposed contract to the instructions to bidders is required .
3.2.4 Bid security in the amount of five percent (5 %) ofthe bid (for sealed bids
for purchases over $1 00,000) shall be submitted to the City Clerk. The bid
security guarantees that in the event the bidder's offer is accepted, the
bidder will enter into a contract in accordance with the proposal. Bid
security of the successful bidder will be returned upon execution of the
contract documents . Bid securities ofunsuccessful bidders will be returned
within a reasonable time period (Minnesota Statute §574.27). Failure of
the successful bidder to execute the Contract and furnish applicable bonds
within ten ( 1 0) days after receiving written notice of the award shall cause
the bid security to be forfeited as liquidated damages to the City. In the
event the successful bidder fails to execute the contract, the City Council
may award the contract to the next lower competent bidder unless the
Council determines that public interest will be better served by accepting a
higher bid, or the contract may be re-advertised.
3.2.5 Municipal contracting law requires that bids must be awarded to the
lowest responsible bidder. It should be noted that the bidder who submits
the lowest bid in dollars is not necessarily the "lowest responsible bidder"
and the quoted phrase gives the Council reasonable discretion in choosing
among bidders. Responsibility, in bid statutes, means not only financial
responsibility but also integrity, skill , and the likelihood that the bidder
will perform faithful and satisfactory work.
3 .3 Use of Purchase Order Form:
3.3.1 The Purchase Order form is the document which authorizes the vendor to
provide a service or commodity to the City.
3.3.2 The Purchase Order form is to be completed with the name and address of
the vendor, the quantity , the description, the cost, sales tax , and the
account to be charged. The Department Head submitting the Purchase
Order form must ensure that the correct account is listed on the form.
Charging a purchase to the wrong account because funds do not exist in
another account is not allowed .
-3-
3 .3.3 The Original Purchase Order form should be submitted to the Finance
Department along with copies of quotes and the original invoice.
Additional copies of the original Purchase Order can be distributed to (1)
Vendor; (2) Department Head .
3 .3.4 The Invoice form should be distributed as follows:
Original:
Copy:
submit to Finance with initials of Department Head or its
designee
retained by Department Head
4. APPROVAL OF GOODS /SERVICES AND AUTHORIZATION OF PAYMENT
4.1 Upon receipt of the invoice, Department Heads shall write "Ok to pay" on the
invoice, initial same , and submit the invoice to Finance. Note IC-134 forms are
required before the City can make final payment for construction contracts with a
value exceeding $10,000.
4.2 Finance shall review the invoice for correctness and compliance with the City
purchasing policy and include the payment on the list of bills for Council
approval in a timely manner and then files the invoice, purchase order and
payment (check) accordingly.
4.3 The City Council shall appoint a Deputy Treasurer. The Deputy Treasure shall be
authorized to approve and sign purchases in the absence of the City Administrator
and shall follow the policy and procedures set forth herein .
4.4 Department Heads shall designate , in writing, employees within their respective
departments that are authorized to issue and sign purchase orders, and invoices for
the Department. The Department Heads shall be responsible for ensuring that the
designated person knows and understands the City's purchasing policy and that
the designee acts in accordance with the policy .
5. RECREATION FACILITIES MANAGER
5.1 The Recreation Facilities Manager shall be authorized to make purchases
provided that the Manager follows the same procedures as stated above.
6. EMERGENCY PURCHASES (Pursuant To Resolution 2011-33 Adopted February 15,
2011)
6 .1 During a disaster or emergency the Mayor and /or the City Administrator may
enter into contracts or incur obligations necessary to combat the emergency or
disaster by protecting the health and safety of persons and property. The City
Administrator may forego time -consuming procedures and formalities as it
relates to entering into contracts, incurring obligations, employment of
temporary workers, rental of equipment and purchasing of supplies and
materials.
-4-
6.2 Approval of all contracts must be subsequently ratified by the City Council at
their next meeting.
Appendix "A" -Copy of example Purchase Order form
Appendix "B" -Copy of example approved invoice
-5-
DATE: November 25, 2015
TO: Stillwater City Council
FROM: Tom McCarty, City Administrator
SUBJECT: City of Stillwater Legislative Agenda
BACKGROUND
The City Strategic Plan included an action item to “Develop a Legislative Agenda”. While
the League of Minnesota Cities (LMC) and the MetroCities organizations both adopt
Legislative Policies to guide lobbying efforts at the Capitol during state legislative sessions,
the City may have more specific concerns regarding potential state legislation that would
impact the City of Stillwater. In addition, there may be individual projects that would
benefit from state assistance or unique situations requiring support of the City’s area
legislators in order to gain state legislative approval for the project or situation. Once the
City’s legislative agenda itemized list is developed, the City will work to schedule a meeting
(prior to the next state legislative session commencing Tuesday, March 8, 2016) between
City Council, management staff and the area State legislators to discuss the City’s legislative
agenda.
DISCUSSION
Both the LMC and the MetroCities recently adopted 2016 legislative policies that can be
accessed at the following links
LMC: http://www.lmc.org/page/1/currentpolicies.jsp
Metro Cities:
http://www.metrocitiesmn.org/vertical/Sites/%7B63D48B3B-FE99-433B-BCDD-
78BBF3D7629D%7D/uploads/2016_Legislative_Policies.pdf
In addition, a number of specific legislative items have also been identified by Council
Members and staff, including:
Brown’s Creek Park, parking lot construction adjacent to Brown’s Creek Trail
Stillwater Armory (historic) disposition
Aiple property, existing home
Bridgeview Park, bank erosion along new trail
Body cameras, legislation regarding disposition of data
Overhead Power Lines Relocation – Lowell Park
Hwy 95, Entrance Monument and Trailhead Parking (south side of City near
Sunnyside Marina)
Downtown Façade program
This is a preliminary list of possible legislative agenda items. Council and staff should have
ongoing discussions, develop and prioritize a comprehensive list of legislative agenda
items, prioritize, then contact the City’s legislators to establish a meeting date in the first 60
days of 2016.
CITY COUNCIL MEETING MINUTES
November 17, 2015
REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:00 p.m.
Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Staff present: City Administrator McCarty
City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
Public Works Director Sanders
Community Development Director Turnblad
Finance Director Harrison
Administration Secretary Manos
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible approval of minutes of November 3, 2015 regular and recessed meeting
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the minutes
of the November 3, 2015 regular and recessed meeting. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Presentation of Resolution by the Stillwater Public Library Board to Stillw ater Public Library
Foundation and its Donors
Mike Keliher, Library Board, read a proclamation acknowledging a generous gift of $9,000 from
Patrick and Jane Thiele which, together with a matching gift from Stillwater Public Library
Foundation and its donors, has made it possible for the Library to remain open on Sundays.
OPEN FORUM
There were no public comments.
STAFF REPORTS
Community Development Director Turnblad distributed the 2016 Community Development
Department work plan and asked for input.
Public Works Director Sanders stated that on November 19 there will be neighborhood meetings
regarding Tower Drive and Olive Street projects. He reported that of the almost 1,100 curb ramps
City Council Meeting November 17, 2015
Page 2 of 5
in the City, about 45% of the ramps are ADA-compliant, and the City converts more curb ramps
with each street project.
Finance Director Harrison reminded the Council of the December 1 Truth in Taxation Meeting.
City Administrator McCarty reminded the Council of the combined League of Minnesota Cities
and Metro Cities forum November 18 in Minneapolis.
CONSENT AGENDA
Resolution 2015-201, directing payment of bills
Resolution 2015-202, approving renewal of the City’s Board of Appeal & Equalization duties
to Washington County
Possible approval of sanitary sewer adjustments
Possible approval of 2015 Capital Budget Release - Library
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent
Agenda.
Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Nays: None
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
Resolution challenging 2015 Met Council System Statement
Community Development Director Turnblad explained that at the last Council meeting it was
clear there was concern about the City’s classification as a suburban community and the
implication for density. He conveyed the concern to Met Council staff. The City’s options are to
either agree to have a mixed classification for the City, or to include text in the Comprehensive
Plan to identify certain neighborhoods as exceptions. The Met Council has not yet provided an
answer as to which option they would support. He suggested adopting a resolution challenging
the classification, with the understanding that as the two Councils confer, if an agreement is
reached, the request for a hearing could be withdrawn.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution
2015-203, Resolution requesting a Hearing pursuant to Minnesota Stat. Sec. 473.857.
Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Nays: None
NEW BUSINESS
Consider appeal by Bob and Rachael Bugbee of an administrative interpretation related to a lean -to
improvement on their property located at 1427 Lydia Circle
Community Development Director Turnblad explained that the applicants are appealing an
administrative determination that the 2x4” frame on the property is considered a projection from
the garage, and therefore needs to be either removed or reduced in size, so it is projecting no more
than 3’ from the house.
City Council Meeting November 17, 2015
Page 3 of 5
Councilmember Junker stated it appears that water runs off onto the neighbor’s property. Mr.
Turnblad confirmed this.
On a question by Councilmember Weidner regarding what the posts sit on, Mr. Bugbee replied
that the posts are on 4x4 fence posts and the covering is just a tarp over the joists that come off
the garage to keep the firewood dry. It is 9’ from the garage to the property line. He added that a
couple years ago, the Building Inspector came and stated it was perfectly acceptable, and that it
also would also be acceptable for them to build a carport in that location. In August, the City
Engineer and other staff came and confirmed that it was acceptable. He asked what changed
between then and now.
City Attorney Magnuson explained that this summer, Officer Thorstad brought photos to his
office and asked for an opinion. The photos show there are joists attached to posts of the garage.
The zoning ordinance defines a structure as: “anything constructed or erected by humans, except
for fences or walls that are 18” or less in height.” So this fits the definition of a structure. He went
on to say the code states every part of a required yard space shall be open and unobstructed by
any building or structure, except for architectural features which may project not more than 3’.
He added that he cannot explain why the other interpretations were given, but it is obvious it is a
structure and is encroaching into the yard space.
Mayor Kozlowski stated it sounds like the City made an error - that is what changed between then
and now.
Community Development Director Turnblad confirmed that different codes have different
definitions. The Building Official defines a structure based on building code, but zoning code sees
it as a structure. The error was that one department did not ask the other if they agreed with all
the definitions.
Mr. Bugbee agreed it is a structure, but stated he did not see how all the City staff could have
made the mistake. He reiterated that the building inspector looked at it after it was built and stated
he could have a carport there.
Councilmember Junker remarked that he has a problem with running joists out from the garage
right up to the property line, tying it into the fence posts and putting a tarp over it; it looks
unappealing.
Mayor Kozlowski stated he agrees that it is a structure, and the 10’ setback should apply.
Councilmember Weidner pointed out that if the applicant had gone through the permitting process
before it was constructed, he may have had a different answer from staff.
Discussion of Veterans Memorial Expansion
Community Development Director Turnblad explained the issue: the Veterans Memorial Board
is hoping to increase the size of the memorial grounds to create more area for pavers. The
expansion would result in the loss of 10 parking spaces in Municipal Lot 19. The south side of
Municipal Lot 18 immediately to the north has six parallel parking spots. If the lot were expanded
to allow 90° angled parking here, the lot would have about eight more spaces. This would
compensate for eight to ten of the ten spaces lost in Lot 19, but would require the construction of
some retaining wall. The Memorial Board would like this area to be considered proof of parking
to mitigate the spaces lost to expansion of the memorial. The Memorial Board is hoping that if
the parking spaces are actually needed in the future, the City would pay for constructing the proof
City Council Meeting November 17, 2015
Page 4 of 5
of parking spaces. Since Cub Foods has moved many of their staff out of the office building in
Stillwater, the number of parking spaces currently available far exceeds the office parking needs.
Councilmember Weidner asked why the City would not replace the lost parking spaces
immediately, and Mr. Turnblad replied that lots 18, 19 and 20, plus the Cub lot have a total of 213
spaces available. The City has an agreement with SuperValu that there will be 210 spaces
available. The reason why proof of parking is being suggested as an alternative to replacing the
lost parking spaces immediately, is that the Cub building now is half vacant. Parking spaces are
required based on actual building use. Today the number is 210, but that could change based on
future use of the building.
Councilmember Menikheim noted he does not remember seeing those lots filled in the last 5-8
years; he feels a few parking spaces are not going to make that much difference.
Councilmember Weidner stated he would like to know the cost of reconfiguring the parking
spaces in the north lot.
Mayor Kozlowski remarked he does not want to violate any agreements with Cub. He asked if
the agreement to provide parking spaces runs with the property forever.
Mr. Turnblad informed the Council that Brian Larson has spoken with several folks at SuperValu,
and reported that because they are actively marketing that vacant space, they do not want to give
up spaces that could potentially be needed. They would prefer the number of available spaces not
drop below 210.
City Attorney Magnuson provided background on the City’s agreement with SuperValu.
Councilmember Junker asked how many more pavers the expansion of the Memorial would
generate, and Brian Larson, architect representing the Veterans Memorial Board and original
designer of the Memorial, reported that currently there are 1,314 pavers with space for about 30
more. So at the current rate, space for pavers will run out in 2017. If the Memorial site can be
expanded, it would allow an additional 520 pavers, which would fulfill paver requests for about
25 more years. He noted the expansion would better delineate the Memorial from the parking lot
areas and reduce potential conflicts between uses of the lot. He added that Cub staff made it clear
they had no objections to the expansion as long as they do not lose net parking spaces. Depending
on the building’s ultimate use, the spaces may or may not be needed. The idea of having a proof
of parking, so that the spaces could be built when needed, is a good solution.
Councilmember Menikheim asked if the expansion would preclude the Farmer’s Market from
being there. Mr. Larson confirmed it would not.
Councilmember Polehna commented that the Farmer’s Market should be included in the
conversation before the Council acts.
Councilmember Weidner stated he feels if 10 spots are lost, they should be replaced right away.
If the City cannot afford it, the expansion should not go forward, because the City has to live up
to its agreement with SuperValu to provide 210 spaces continually.
Councilmember Junker suggested getting a cost estimate for adding seven to 14 spaces, since the
total of 213 is already three over the required number.
Mr. Larson noted that the fewer number of spaces along that edge of the north lot, the less retaining
wall would be needed; most of the area would not need a retaining wall, it’s just a matter of
moving the curb and there is some expense there.
City Council Meeting November 17, 2015
Page 5 of 5
Councilmember Polehna stated he is not opposed to granting the expansion if the cost of the
parking spaces can be covered.
Councilmember Weidner pointed out that the Veterans Memorial is asking the City to spend
money it does not have right now. He would like them to use more imagination in looking at
whether fewer spaces could be taken.
Mr. Larson responded that the Veterans Memorial is trying to extend the timeline for these pavers
to a reasonable distance in the future to eliminate the need for another expansion.
Court Melin, chair of the Veterans Memorial Board, informed the Council that once there is some
sort of approval from the City, they will seek funding for the expansion.
Possible approval of resolution adopting City Strategic Plan
City Administrator McCarty reviewed the major goals developed in drafting the Strategic Plan.
He requested formal approval of the plan.
Councilmember Menikheim stated he felt the mission statement needs updating.
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution
2015-204, adopting City of Stillwater 2015-2020 Strategic Plan.
Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Nays: None
COUNCIL REQUEST ITEMS
Councilmember Polehna noted that there will be a meeting December 9 with the Minnesota
National Guard to review the Yellow Ribbon program. He also stated there are plaques denoting
the Last Man’s Club, WWII and Korean War veterans that will be moved to the history room at
the new armory to ensure that the history of the community is represented in the building.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting at
8:22 p.m. All in favor.
Ted Kozlowski, Mayor
ATTEST:
J. Thomas McCarty, Acting City Clerk
Resolution 2015-201, directing payment of bills
Resolution 2015-202, approving renewal of the City’s Board of Appeal & Equalization duties
to Washington County
Resolution 2015-203, requesting a hearing pursuant to Minnesota Statutes Section 473.857
challenging 2015 Met Council System Statement
Resolution 2015-204, adopting City of Stillwater 2015-2020 Strategic Plan
EXHIBIT "A" TO RESOlUTION #2015-205
LIST OF BillS
1ST line/Leewes Ventures LLC
Accela Inc
Al's Coffee Company
Aspen Mills
Becker Fire Safety Services LLC
Bernicks
Bluestem Heritage Group
Bryan Rock Products Inc.
Burks Tree and Landscape Care
Cardinal Tracking Inc
Carquest Auto Parts
CDW Government Inc.
Century Link
Chappell Central Inc
Coca-Cola Refreshments
Cole Papers
Com cast
Cub Foods
Daleo
ECM Publishers
ECSI System Integrators
Electric Fire & Security
Fitzsimmons Brandon
Galls LLC
Gertens Wholesale
Goodyear Commercial Tire
Guest Services
Ice Skating Institute
J.P. Cooke Co .
Krueger's Christmas Trees
L.T .G.Power
Loffler Companies
Marshall Electric Company
Menards
Minnesota Occupational Health
MN Dept of Transportation
Murphy James
NAC Mechanical and Electrical Services
Neopost Great Plains
Office Depot
Pepsi Beverages Company
Pereboom Jesse
Pioneer Manufacturing Co.
Primary Products Co.
Pro-Tee Design
Snacks for concessions
Monthly UB web payments
Coffee & hot chocolate for concessions
Uniforms
Fire extinguisher service
refreshments for concessions
Bell stand professional services
Gravel
Professional services tree & landscape care
Envelopes for TickeTrak
Auto maint supplies
Computer equipment
Telephone
Fire Hall
Beverages for concessions
Supplies
TV Internet & Voice
Coffee
Janitorial supplies
Library Board Vacancy
Silent Knight digital communicator
Fire alarm inspection
Refund of UB overpayment
Uniform supplies
Garland
Tires
Meal ticket Chad Jansen 11/29-12/4
Skater memberships
Dog license tags
Trees and wreaths
Equipment repair supplies
Copier
Parking ramp indoor light control
Supplies
Drug testing
Material testing & inspection
Beaver trapping
Fire Hall
Copier/printer repair
Office supplies
Beverages for concessions
Reimburse for mileage-City Tech Day
Gameline aerosol blue
Nitrile gloves
Fire station
Page 1
165.65
466 .85
252 .95
83.45
381.40
572.00
951.85
41.82
1,066.00
768.72
58.21
5,458 .51
40 .73
7,996.15
677 .28
235 .15
576.06
23.38
501.82
31.85
2,270.32
398.50
442.25
58.71
17.45
584.68
167.32
507.00
60.50
230.00
32 .20
2,355 .15
290.00
284.63
296.20
1,009.26
400.00
30,419.75
287.50
702 .24
204.96
37.12
550 .50
99.48
1,817.45
EXHIBIT "A" TO RESOLUTION #2015-205
Riedel! Shoes Inc.
Sams Marine Inc
SEH Inc
Sentry Systems Inc.
Simple x Grinnell LP
Stender Jeff
Stillwater Fire Relief Assoc
Stillwate r Motor Company
Stillwater Turf & Power LLC
Sweeper Services Craig J Wodnick
Tekton Construction Company
Tri -State Pump and Controls Inc .
United Refrigeration Inc
USAble Life
Viking Industrial Center
WSB & Associates Inc.
Zee Medical Service
Ziegler Inc .
NOVEMBER MANUALS
Clark Dan
Display Sales
Postmaster
Thomson Reuters
Washington County
Washington County
Xcel Energy
CREDIT CARDS
Action Rental Inc .
Amazon.com
Cub Foods
Delta Air
Ebay
GTS Educational Events
Hampton Inn
HealthSource Solutions
Kwik T r ip
Lynn Card Company
Motif Seattle
Racine North
Survey Monkey
Skates
Winterize moto r
Bridge inspections
Alarm monitoring
Equipment repair
Reimburse for expenses
2015 Fire State Aid
Vehicle service
Equipment repair supplies
Conveyor chain
Fire Hall
Lift station repairs
Equipment repair supplies
Term Life Insurance
Safety equipment
MS4 Services
Safety equipment
Equipment repair
Cleaning service
LED Bulbs
UB Billing Postage
Info Charges
Palmer Land Purchase
Conservation fees
Energy
Propane -Fire open house
H&W supplies & equipment SHIP Grant
Fire open house
Airfair to Seattle
Power supply for Touchscreen Monitor
Land use workshop
State Fi r e Chiefs Conference Lodging
Conference registration
Dedication ceremony refreshments
Stationary
Lodging ICMA Confe r ence
Computer for conference room
Survey for new website
Page 2
418.38
1,262 .85
922 .92
140.85
524 .00
902.64
162,030.95
58.48
1,092 .25
15 .45
10,611.35
1,125 .00
234 .96
436.80
203 .80
173.25
278.10
636.87
1,095.83
1,345.00
2,995 .56
125.00
116,000.00
5.00
41 ,831 .05
39 .64
631 .86
423 .64
1,794.40
14.39
110.00
1,188.84
185.00
373 .75
299 .24
782.82
610 .00
26 .00
EXHIBIT "A" TO RESOLUTION #2015-205 Page 3
LIBRARY
Baker and Taylor Materials 848.49
Brodart Co Materials 1,205.18
Cartridge World Hudson Supplies 117 .98
Fremming Susan E Staff Reimbursement 48.16
Midwest Tape Materials 539 .28
Office of M N IT Services Telephone 371.07
Scholastic Inc Programming (Friends) 106.42
Toshiba Business Solutions Maintenance Contract 44 .01
Viking Auto Sprinkler Co . Annual Fire Inspection 585 .00
Memorandum
To:
From:
Date:
Mayor and City Council
Shawn Sanders, Director of Public Works
November 16, 2015
Subject: Third Street Reconstruction Project (Project 2012-04)
Final Acceptance of Work
DISCUSSION
The work on the above project has been completed. We have made our final payment to
Washington County and also received the final payment from State Aid .
RECOMMENDATION
Staff recommends that Council accept the work and approve the completion of the project.
ACTION REQUIRED
If Council concurs with staff recommendation, Council should pass a motion adopting
Resolution No . 2015-, FINAL ACCEPTANCE OF WORK FOR THIRD STREET
RECONSTRUCTION PROJECT (Project 2012-04).
RESOLUTION 2015-206
FINAL ACCEPTANCE OF WORK
FOR THIRD STREET RECONSTRUCTION PROJECT
(PROJECT 2012-04)
WHEREAS, pursuant to a written agreement with Washington County for the
improvements to CSAH 23 (Third Street), final payment has been made and the improvements
have been satisfactorily completed in accordance with such agreement.
BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to
accept and approve the completion of the Third Street Reconstruction Project.
Adopted by the Council, this 1st day of December 2015.
____________________________________
Ted Kozlowski, Mayor
Attest: _______________________________
Diane F. Ward, City Clerk
Memorandum
To: Mayor and City Council
From: Diane Ward, City Clerk
Date: 11/25/2015
Subject: New Wine and Strong Beer Liquor License
DISCUSSION:
An application for a Wine and Strong Beer liquor license has been received from
John Maleitzke. The proposed license premises is at 1754 Market Drive (formerly
Quiznos).
RECOMMENDATION:
I recommend approval contingent upon the satisfactory investigation, inspections,
and approvals from the Police, Fire, Building, Finance Departments and Minnesota
Liquor Control.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting
a resolution entitled “Approving New Wine and Strong Beer Liquor License to 2Js LLC,
DBA: The Meet Market”, contingent upon the satisfactory investigation, inspections, and
approvals from the Washington County Health Department, Police, Fire, Building,
Finance Departments and Minnesota Alcohol & Gambling Enforcement Division.
RESOLUTION 2015-207
APPROVING NEW WINE AND STRONG BEER LIQUOR LICENSE TO 2JS LLC, DBA:
THE MEET MARKET
WHEREAS, a request has been received from John Maleitzke for a Wine and Strong
Beer Liquor License at 1754 Market Drive; and
WHEREAS, approval is contingent upon fulfilling all requirements to hold a Wine and
Strong Beer liquor license, the satisfactory investigation, inspections, and approvals
from the Washington County, Police, Fire, Building, Finance Departments, and
Minnesota Alcohol & Gambling Enforcement Division
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota,
hereby approves a New Wine and Strong Beer Liquor License to 2Js LLC, DBA: The Meet
Market, at 1754 Market Drive, Stillwater, MN.
Adopted by Council this 1st day of December, 2015.
_____________________________
Ted Kozlowski, Mayor
Attest:
_______________________________
Diane F. Ward, City Clerk
RESOLUTION 2015-208
RESOLUTION APPROVING MASTER AGREEMENT FOR MINNESOTA
COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES
(POLICE DEPARTMENT)
BE IT RESOLVED, by the City Council of Stillwater, MN that Master Agreement For
Minnesota Court Data Services For Governmental Agencies with the Office of State
Court Administration and the City of Stillwater for use of the of the Court Data
Services for the Stillwater Police Department, as on file with the City Clerk, is hereby
approved.
BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor
to sign the contract on the City's behalf.
Adopted by the City Council of the City of Stillwater this 1st day of December, 2015.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
MASTER SUBSCRIBER AGREEMENT
FOR MINNESOTA COURT DATA SERVICES
FOR GOVERNMENTAL AGENCIES
THIS AGREEMENT is entered into by and between
Stillwater Police Department
(Government Subscriber Name)
of 216 4th Street North, Stillwater, MN 55082
(Government Subscriber Address)
(hereinafter "Government Subscriber") and THE STATE OF MINNESOTA
Office of State Court Administration
of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155
(hereinafter "the Court").
Recitals
The Court offers Court Data Services, as defined herein, to Minnesota Government
Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services
are offered to Government Subscribers as governmental units and are offered solely for certain
governmental use as permitted herein. Government Subscriber desires to use Court Data Services,
and the Court desires to provide the same, to assist Government Subscriber in the efficient
performance of its governmental duties as required or authorized by law or court rule in connection
with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or
agency or before any self-regulatory body.
Court Data Services are defined in the Definitions section of this Agreement and may
involve a one-way or two-way transmission of information between the parties, some of which may
include court information that is not accessible to the public pursuant to the Rules of Public Access
and which may not be disclosed by Government Subscriber without the prior approval of the
appropriate court or record custodian. Government Subscriber agrees herein to limit its access to
and use of Court Records and Court Documents through Court Data Services to the Government
Subscriber's "Legitimate Governmental Business Need" as defined herein.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
contained herein, the Court and Government Subscriber agree as follows:
1. TERM; TERMINATION; ONGOING OBLIGATIONS.
1.1 Term. This Agreement shall be effective on the date executed by the Court and
shall remain in effect according to its terms.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29, 2015
Page 1 of 14
1.2 Termination.
1.2.1 Either party may terminate this Agreement with or without cause by giving
written notice to the other party. The effective date of the termination shall be thirty
(30) days after the other party's receipt of the notice of termination, unless a later
date is specified in the notice . Termination of this Agreement pursuant to Clause 4.5
shall be effective immediately and may occur without prior notice to Government
Subscriber.
1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall
survive any termination of this Agreement, as shall any other provisions that by their
nature are intended or expected to survive such termination. Upon termination, the
Government Subscriber shall perform the responsibilities set forth in paragraph 8.6
hereof.
1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent
agreement between the parties.
2. DEFINITIONS.
2.1 "Agency Account Manager" means the Government Subscriber employee assigned
with the tasks of: (1) being the point of contact for communications between
Government Subscriber and the Court; (2) maintaining a current list Government
Subscriber's Individual Users and their signed User Acknowledgment Forms and
promptly notifying the Court when Government Subscriber's Individual Users with
individual logins should have accounts added or deleted; (3) reporting violations of
this agreement by Government Subscriber's Individual Users and steps taken to
remedy violations to the Court.
2.2 "Court Data Services" means one or more of the following services and includes
any additional or modified services identified as such on the Justice Agency
Resource webpage of the Minnesota Judicial Branch website, which is currently
www.mncourts.gov, or other location designated by the Court and/or its affiliates, as
the same may be amended from time to time by the Court and/or its affiliates:
2.2.1 "Bulk Data Delivery" means the electronic transmission of Court Records in
bulk form from the Court to the Government Subscriber, from one or more of
the Court's databases and through any means oftransmission, as described in
applicable Policies & Notices and materials referenced therein.
2.2.2 "Court Integration Services" means pre-defined automated transmissions of
i) Court Records from the Court's computer systems to Government
Subscriber's computer systems; and/or ii) Government Subscriber Records
from the Government Subscriber's computer systems to the Court's computer
systems; on a periodic basis or as triggered by pre-determined events, as
described in applicable Policies & Notices and materials referenced therein.
2.2.3 "MNCIS Login Accounts" means a digital login account created for and
provided to the Government Subscriber for online access to and use of Court
Records and Court Documents maintained by the Minnesota Court
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29, 2015
Page 2 of 14
Information System ("MNCIS"), as described m applicable Policies &
Notices and materials referenced therein.
2.3 "Court Data Services Databases" means any databases and the data therein , used
as a source for Court Data Services, together with any documentation related thereto ,
including without limitation descriptions of the format or contents of data, data
schemas , and all related components.
2.4 "Court Data Services Programs" means any computer application programs ,
routines , transport mechanisms , and display screens used in connection with Court
Data Services , together with any documentation related thereto .
2.5 "Court Records" means all information in any form made available by the Court
and /or its affiliates to Government Subscriber for the purpo se s of carrying out this
Agreement, including:
2.5.1 "Court Case Information" means any information in the Court Records that
conveys information about a particular case or controversy, including without
limitation Court Confidential Case Information and Court Documents, as
defined herein.
2 .5.2 "Court Confidential Case Information" means any information in the
Court Records (including Court Documents) that is inaccessible to the public
pursuant to the Rules of Public Access and that conveys information about a
particular case or controversy.
2.5 .3 "Court Confidential Security and Activation Information" means an y
information in the Court Records that is inaccessible to the public pursuant to
the Rules of Public Access and that explains how to use or gain access to
Court Data Services , including but not limited to login account names,
passwords , TCP/IP addresses , Court Data Services user manuals, Court Data
Services Programs , Court Data Services Databases , and other technical
information.
2.5.4 "Court Confidential Information" means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access , including without limitation both i) Court Confidential Case
Information ; and ii) Court Confidential Security and Activation Information.
2.5.5 "Court Documents" means electronic images of documents that are part of
or included in a court file.
2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes ,
section 485.01.
2.7 "Government Subscriber Records" means any information in any form made
available by the Government Subscriber to the Court and /or its affiliates for the
purposes of carrying out this Agreement.
2.8 "Government Subscriber's Individual Users" means Government Subscriber's
employees or independent contractors whose use or access of Court Data Services ,
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29 , 2015
Page 3 of 14
as well as the access, use and dissemination of Court Records (including Court
Documents), is necessary to effectuate the purposes of this Agreement.
2.9 "Legitimate Governmental Business Need" means a requirement, duty or
obligation for the efficient performance of governmental tasks or governmental
responsibilities and as required or authorized by law or court rule in connection with
any civil, criminal, administrative, or arbitral proceeding in any Federal, State or
local court or agency or before any self-regulatory body.
2.10 "Policies & Notices" means the policies and notices published by the Court and/or
its affiliates in connection with each of its Court Data Services, on a website or other
location designated by the Court and/or its affiliates, as the same may be amended
from time to time by the Court and/or its affiliates. Policies & Notices for each
Court Data Service, hereby made part of this Agreement by reference, provide
additional terms and conditions that govern Government Subscriber's use of such
services, including but not limited to provisions on fees, access and use limitations,
and identification of various third party applications, such as transport mechanisms,
that Government Subscriber may need to procure separately to use Court Data
Services.
2.11 "Rules of Public Access" means the Rules of Public Access to Records of the
Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published
from time to time by the Court and/or the SCAO entitled "Limits on Public Access
to Case Records" or "Limits on Public Access to Administrative Records," all of
which by this reference are made a part of this Agreement. It is the obligation of
Government Subscriber to check from time to time for updated rules, lists, and tables
and be familiar with the contents thereof. Such rules, lists, and tables are posted on
the main website for the Court, for which the current address is www.mncourts.gov.
2.12 "SCAO" means the State of Minnesota, State Court Administrator's Office.
2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court
Data Services for Governmental Agencies, including all Exhibits, Policies &
Notices, and other documents referenced, attached to, or submitted or issued
hereunder.
2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8. I,
8.2 and 8.4 ofthis Agreement.
2.15 "User Acknowledgement Form" means the form signed by Government
Subscriber's Individual Users to confirm in writing that the Individual User has read
and understands the requirements and restrictions in this Agreement (Exhibit A).
3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following
execution of this Agreement by both parties, Government Subscriber will be offered access
to the Court Records (including Court Documents) described in the Government Subscriber
Access Chart, which is posted on the Policies & Notices.
Master Subscriber Agreement for Mmnesota Co urt Data Services for Governmental Agencies Revised September 29 , 2015
Page 4 of 14
4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA
SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS;
SANCTIONS.
4.1 Authorized Access to Court Data Services and Court Records.
4 .1.1 Government Subscriber and Government Subscriber 's Individual Users shall
access only the Court Data Services and Court Records (including Court
Documents) necessary for a Legitimate Governmental Business Need.
4.1.2 The access of Court Data Services or Court Records (including Court
Documents) by Government Subscriber or Government Subscriber's
Individual Users for personal or non-official use , or any use that is not a
"Legitimate Government al Business Need" as defined herein , is prohibited.
4.1 .3 Government Subscriber and Government Subscriber 's Individual Users shall
not access or attempt to access Court Data Services or Court Records
(including Court Documents) in any manner not set forth in this Agreement,
Policies & Notices, or other Court Data Services documentation.
4.2 Authorized Use of Court Data Services and Court Records.
4.2.1 Government Subscriber and Government Subscriber 's Individual Users shall
use the Court Data Services and Court Records (including Court Documents)
accessed only for a Legitimate Governmental Business Need and according
to the instructions provided in corresponding Policies & Notices or other
materials.
4 .2 .2 The use of Court Data Services or Court Records (including Court
Documents) by Government Subscriber or Government Subscriber 's
Individual Users for personal or non-official use , or any use that is not a
"Legitimate Governmental Business Need " as defined herein , is prohibited .
4.2.3 Government Subscriber and Government Subscriber's Individual Users shall
not use or attempt to use Court Data Services or Court Records (including
Court Documents) in any manner not set forth in this Agreement, Policies &
Notices , or other Court Data Services documentation.
4.3 Dissemination of Court Records. Government Subscriber and Government
Subscriber 's Individual Users shall not share the Court Records (including Court
Documents) accessed and data therefrom with third parties and other individuals
other than as needed to further a Legitimate Governmental Business Need.
4.4 Training. Government Subscriber shall provide Government Subscriber 's
Individual Users training in the proper access , use, and dissemination of Court
Records (including Court Documents).
4.5 Violations.
4.5.1 The access , use , or dissemination of Court Data Services or Court Records
(including Court Documents) beyond what is necessary for a Legitimate
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised Septem be r 29, 2015
Page 5 of 14
Governmental Business Need by Government Subscriber or Government
Subscriber's Individual Users is a violation of this Agreement. The access,
use or dissemination of Court Data Services or Court Records (including
Court Documents) by Government Subscriber or Government Subscriber's
Individual Users for personal use is a violation of this Agreement.
4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted
access, use or dissemination of Court Data Services, Court Records or Court
Documents by Government Subscriber or Government Subscriber 's
Individual Users shall be grounds for the Court to impose sanctions as
described in Clause 4.6 and to terminate this Agreement without prior notice
to Government Subscriber and/or Government Subscriber's Individual Users.
4.6 Sanctions.
4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a
Government Subscriber and /or Government Subscriber's Individual Users
and may include the suspension of access or termination of access for
Government Subscriber and/or Government Subscriber's Individual Users.
4.6.2 If the Court decides to terminate the access for Government Subscriber and/or
Government Subscriber's Individual Users, the Court shall notify the affected
party in writing . The termination shall be effective immediately. Prior
notice to Government Subscriber and/or Government Subscriber's Individual
Users is not required. Reinstatement of the access shall only be upon the
written direction of the Court.
5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees:
5.1 To not disclose Court Confidential Information to any third party except where
necessary to carry out the Government Subscriber 's Legitimate Governmental
Business Need as defined in this Agreement.
5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to
insure the protection, confidentiality and security of Court Confidential Information
and to satisfy Government Subscriber's obligations under this Agreement.
5.3 To limit the use of and access to Court Confidential Information to Government
Subscriber's Individual Users. Government Subscriber shall advise Government
Subscriber's Individual Users of the restrictions upon access, use and disclosure
contained in this Agreement, requiring each Government Subscriber's Individual
User to acknowledge in writing that the individual has read and understands such
restrictions. Government Subscriber's Individual Users shall sign the User
Acknowledgment Form (Exhibit A) before accessing Court Data Services.
5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government
Subscriber and Government Subscriber's Individual Users with respect to the
confidentiality and security of Court Confidential Information shall survive the
termination of this Agreement and the termination of their relationship with
Government Subscriber.
Master Subscriber Agreement for Minnesota Court Da t a Services for Governmental Agencies-Revised Septembe r 29 , 2015
Page 6 of 14
5.5 That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Government Subscriber and Government Subscriber's Individual
Users under this Agreement, such obligations of Government Subscriber and
Government Subscriber's Individual Users are founded independently on the
provisions ofthis Agreement.
5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5,
or a violation of those same agreements by Government Subscriber's Individual
Users, shall be grounds for the Court to terminate this agreement and Government
Subscriber and/or Government Subscriber's Individual Users access to Court Data
Services and Court Records (including Court Documents).
6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER
LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND
COURT DOCUMENTS. Subscriber acknowledges and agrees:
6.1 Court Case Information Provided Under Legal Mandate. When the Court is
required to provide Government Subscriber with Court Case Information under a
legal mandate and the provision of such data by the Court is not optional or
otherwise left to the discretion of the Court, for example in the case of a state
statutory reporting requirement, the provisions of this Agreement that govern or
restrict Government Subscriber's access to and use of Court Case Information do not
apply to the specific data elements identified in the legal mandate, but remain in
effect with respect to all other Court Case Information provided by the Court to
Government Subscriber. All other provisions of this Agreement remain in full
effect, including, without limitation , provisions that govern or restrict Government
Subscriber's access to and use of Court Confidential Security and Activation
Information .
6.2 Previously Disclosed Court Records and Court Documents. Without limiting
section 6.1, all Court Records and Court Documents disclosed to Government
Subscriber prior to the effective date of this Agreement shall be subject to the
provisions of this Agreement.
7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT
RECORDS UNDER THIS AGREEMENT.
7 .1 Requirement to Advise Government Subscriber's Individual Users. To affect
the purposes of this Agreement, Government Subscriber shall advise each of
Government Subscriber's Individual Users who are permitted to use and/or access
Court Data Services and Court Records (including Court Documents) under this
Agreement of the requirements and restrictions in this Agreement.
7.2 Required Acknowledgement by Government Subscriber's Individual Users.
7.2.1 Government Subscriber shall require each of Government Subscriber's
Individual Users to sign the User Acknowledgement Form (Exhibit A).
7 .2 .2 The User Acknowledgement Forms of current Government Subscriber's
Individual Users must be obtained prior to submitting this Agreement to the
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29, 2015
Page 7 of 14
Court for approval and shall accompany the submission of this Agreement
for approval.
7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is signed, a
Government Subscriber's Individual User is prohibited from accessing, using
or disseminating Court Data Services and Court Records (including Court
Documents). The access, use or dissemination of Court Data Services or
Court Records (including Court Documents) by a Government Subscriber's
Individual User that has not completed a User Acknowledgement Form as
required in Clause 7.2.1 is a violation of this Agreement.
7.2.4 Government Subscriber shall keep all such written User Acknowledgment
Forms on file while this Agreement is in effect and for one (1) year following
the termination of this Agreement. Government Subscriber shall promptly
provide the Court with access to, and copies of, such acknowledgements
upon request to the Agency Account Manager.
7.2.5 The User Acknowledgment Forms are incorporated herein by reference.
8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term ofthis
Agreement, subject to the terms and conditions hereof, the Court, with the permission of the
SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited
license to use Court Data Services Programs and Court Data Services Databases to access or
receive Court Records (including Court Documents). SCAO and the Court reserve the right
to make modifications to the Court Data Services, Court Data Services Programs, and Court
Data Services Databases, and related materials without notice to Government Subscriber.
These modifications shall be treated in all respects as their previous counterparts.
8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the
Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the
Court Data Services Programs, including but not limited to manuals, user
documentation, and passwords, are trade secret information of SCAO and its
licensors.
8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the
Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services
Databases and their structure, sequence and organization, including without
limitation data schemas such as the Court XML Schema, are trade secret information
of SCAO and its licensors.
8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or
interest in or use of any trademark used in connection with Court Data Services,
including but not limited to the marks "MNCIS" and "Odyssey."
8.4 Restrictions on Duplication, Disclosure, and Use.
8.4.1 Trade secret information of SCA 0 and its licensors will be treated by
Government Subscriber in the same manner as Court Confidential
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29, 2015
Page 8 of 14
Information. In addition, Government Subscriber will not copy any part of
the Court Data Services Programs or Court Data Services Databases, or
reverse engineer or otherwise attempt to discern the source code of the Court
Data Services Programs or Court Data Services Databases, or use any
trademark of SCAO or its licensors, in any way or for any purpose not
specifically and expressly authorized by this Agreement. As used herein,
"trade secret information of SCAO and its licensors" means any information
possessed by SCAO which derives independent economic value from not
being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure
or use. "Trade secret information of SCAO and its licensors" does not,
however, include information which was known to Government Subscriber
prior to Government Subscriber's receipt thereof, either directly or indirectly,
from SCAO or its licensors, information which is independently developed
by Government Subscriber without reference to or use of information
received from SCAO or its licensors, or information which would not qualify
as a trade secret under Minnesota law.
8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up
to one (1) copy of training materials and configuration documentation for
each individual authorized to access, use, or configure Court Data Services,
solely for its own use in connection with this Agreement.
8.4.3 Government Subscriber will take all steps reasonably necessary to protect the
copyright, trade secret, and trademark rights of SCAO and its licensors and
Government Subscriber will advise Government Subscriber's Individual
Users who are permitted access to any of the Court Data Services Programs
and Court Data Services Databases, and trade secret information of SCAO
and its licensors, of the restrictions upon duplication, disclosure and use
contained in this Agreement.
8.5 Proprietary Notices. Government Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court
Data Services Databases, related documentation, or trade secret information of
SCAO and its licensors, or any part thereof, made available by SCAO or the Court,
and Government Subscriber will include in and/or on any copy of the Court Data
Services Programs or Court Data Services Databases, or trade secret information of
SCAO and its licensors and any documents pertaining thereto, the same copyright
and other proprietary notices as appear on the copies made available to Government
Subscriber by SCAO or the Court, except that copyright notices shall be updated and
other proprietary notices added as may be appropriate.
8.6 Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, made
available by the Court and SCAO to Government Subscriber hereunder, and all
copies, including partial copies, thereof are and remain the property of the respective
licensor. Within ten days of the effective date of termination of this Agreement,
Government Subscriber shall either: (i) uninstall and return any and all copies ofthe
applicable Court Data Services Programs and Court Data Services Databases, and
related documentation, including but not limited to training and configuration
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies--Revised September 29 , 2015
Page 9 of i4
materials, if any, and logon account information; or (2) destroy the same and certify
in writing to the Court that the same have been destroyed .
8.7 Reasonable Security Measures. The Court may add reasonable security measures
including, but not limited to , a time-out feature, to Court Data Services Programs.
9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the
Court, SCAO, SCAO 's licensors , and DCA will be irreparably harmed if Government
Subscriber's obligations under this Agreement are not specifically enforced and that the
Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in
the event of an actual or threatened violation by Government Subscriber of its obligations.
Therefore, Government Subscriber agrees that the Court, SCAO, SCAO 's licensors, and
DCA shall be entitled to an injunction or any appropriate decree of specific performance for
any actual or threatened violations or breaches by Government Subscriber or Government
Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors ,
or DCA showing actual damages or that monetary damages would not afford an adequate
remedy . Unless Government Subscriber is an office, officer, agency , department, division,
or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court,
SCAO , SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court,
SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement.
10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as
otherwise expressly provided herein, each party will be responsible for its own acts and the
results thereof to the extent authorized by law and shall not be responsible for the acts of any
others and the results thereof. Liability shall be governed by applicable law. Without
limiting the foregoing , liability of the Court and any Government Subscriber that is an
office, officer, agency, department, division , or bureau of the state of Minnesota shall be
governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes , section
3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber
is a political subdivision of the state of Minnesota, liability of the Subscriber shall be
governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or
other applicable law .
11. AVAILABILITY. Specific terms of availability shall be established by the Court and set
forth in the Polices & Notices. The Court reserves the right to terminate this Agreement
immediately and /or temporarily suspend Government Subscriber 's approved Court Data
Services in the event the capacity of any host computer system or legislative appropriation
of funds is determined solely by the Court to be insufficient to meet the computer needs of
the courts served by the host computer system. Monthly fees, if any, shall be prorated only
for periods of suspension or upon termination of this Agreement.
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber
set forth in this section are in addition to the other obligations of the Government Subscriber
set forth elsewhere in this Agreement.
12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all
policies identified in applicable Policies & Notices. Upon failure of the Government
Subscriber to comply with such policies, the Court shall have the option of
immediately suspending or terminating the Government Subscriber's Court Data
Services on a temporary basis and /or immediately terminating this Agreement.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agenc ies-Revised September 29, 2015
Page 10 of 14
12.2 Access and Use; Log.
12.2.1 Government Subscriber shall be responsible for all access to and use of Court
Data Services and Court Records (including Court Documents) by
Government Subscriber's Individual Users or by means of Government
Subscriber's equipment or passwords, whether or not Government Subscriber
has knowledge of or authorizes such access and use.
12.2.2 Government Subscriber shall also maintain a log identifying all persons to
whom Government Subscriber has disclosed its Court Confidential Security
and Activation Information, such as user ID(s) and password(s), including
the date of such disclosure. Government Subscriber shall maintain such logs
while this Agreement is in effect and for a period of one (1) year following
termination of this Agreement. Government Subscriber shall promptly
provide the Court with access to, and copies of, such logs upon request.
12.2.3 Government Subscriber, through the Agency Account Manager, shall
promptly notify the Court when Government Subscriber's Individual Users
with individual logins should have accounts added or deleted. Upon
Government Subscriber's failure to notify the Court of these changes, the
Court may terminate this Agreement without prior notice to Government
Subscriber.
12.2.4 The Court may conduct audits of Government Subscriber's logs and use of
Court Data Services and Court Records (including Court Documents) from
time to time. Upon Government Subscriber's failure to maintain such logs,
to maintain accurate logs, or to promptly provide access by the Court to such
logs, the Court may terminate this Agreement without prior notice to
Government Subscriber.
12.3 Personnel. Government Subscriber agrees to investigate (including conducting
audits), at the request of the Court, allegations of misconduct pertaining to
Government Subscriber's Individual Users having access to or use of Court Data
Services, Court Confidential Information, or trade secret information of the SCAO
and its licensors where such persons violate the provisions of this Agreement,
Policies & Notices, Judicial Branch policies, or other security requirements or laws
regulating access to the Court Records. Government Subscriber, through the Agency
Account Manager, agrees to notify the Court of the results of such investigation,
including any disciplinary actions, and of steps taken to prevent further misconduct.
Government Subscriber agrees to reimburse the Court for costs to the Court for the
investigation of improper use of Court Data Services, Court Records (including
Court Documents), or trade secret information of the SCAO and its licensors.
13. FEES AND INVOICES. Applicable monthly fees commence ten (1 0) days after notice of
the Court's approval of this Agreement or upon the initial Government Subscriber
transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply,
the State shall invoice Government Subscriber on a monthly basis for charges incurred in
the preceding month and applicable taxes, if any, and payment of all amounts shall be due
upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the
invoice, the Court may immediately cancel this Agreement without notice to Government
Subscriber and pursue all available legal remedies. Government Subscriber certifies that
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29 , 2015
Page 11 of 14
funds have been appropriated for the payment of charges under this Agreement for the
current fiscal year, if applicable.
14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies &
Notices as provided herein, and the modified fees shall be effective on the date specified in
the Policies & Notices, which shall not be less than thirty (30) days from the publication of
the Policies & Notices. Government Subscriber shall have the option of accepting such
changes or terminating this Agreement as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS,
AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY
WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION,
SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS
AGREEMENT.
15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF
INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE
PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA
MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF
THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT
IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS
NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO
COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR.
16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent
contractor and shall not be deemed for any purpose to be an employee, partner, agent or
franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Government
Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the
authority to assume, create or incur any liability or obligation of any kind, express or
implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court
Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or
modification of fees, any notice to Court or Government Subscriber hereunder shall be
deemed to have been received when personally delivered in writing or seventy-two (72)
hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of
this Agreement or at such other address of which notice has been given in accordance
herewith.
18. NON-WAIVER. The failure by either Party at any time to enforce any of the provisions of
this Agreement or any right or remedy available hereunder or at law or in equity, or to
exercise any option herein provided, shall not constitute a waiver of such provision, remedy
or option or in any way affect the validity of this Agreement. The waiver of any default by
either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to
which such waiver is directed.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29, 2015
Page 12 of 14
19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the
performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent
possible, so as to be valid and enforceable. If any provision of this Agreement so construed
is held by a court of competent jurisdiction to be invalid , illegal or otherwise unenforceable ,
such provision shall be deemed severed from this Agreement, and all other provisions shall
remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted
herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any
of its rights or obligations hereunder without the prior written consent of the other. This
Agreement shall be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns , including any corporation or other legal entity into, by or
with which Government Subscriber may be merged, acquired or consolidated or which may
purchase the entire assets of Government Subscriber.
22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted ,
construed and enforced in accordance with the laws of the United States and of the State of
Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement,
its performance, enforcement or breach will be venued in a state or federal court situated
within the State of Minnesota. Government Subscriber hereby irrevocably consents and
submits itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding
between the Parties regarding the subject matter hereof and supersedes any prior
representations , statements, proposals , negotiations, discussions , understandings , or
agreements regarding the same subject matter. Except as otherwise expressly provided in
Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14
regarding fees , any amendments or modifications to this Agreement shall be in writing
signed by both Parties.
25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber
is a Minnesota Government entity that is subject to the Minnesota Government Data
Practices Act, Minn. Stat. Ch . 13, Government Subscriber acknowledges and agrees that: (1)
the Court is not subject to Minn . Stat. Ch. 13 (see section 13.90) but is subject to the' Rules
of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn.
Stat. section 13.03 , subdivision 4(e) requires that Government Subscriber comply with the
Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for
access to Court Records provided under this Agreement; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29, 2015
Page 13 of 14
IN WITNESS WHEREOF, the Parties have, by their du ly authorized officers, executed this
Agreement, inten d ing to be bo u nd th ereby.
1. GOVERNMENT SUBSCRIBER
Government Su bscri b er must attac h
docu mented verification of authority
to sign on behalf of an d b ind the
en tity ("Master Subscriber
Agreement Signing A uthority"),
su ch as a co u nci l reso lutio n , board
auth ority or legally bi nding decision
maker, and attach same as Exh ibit B.
By
(SIGNATURE)
Date
Name (typed)
Title
Office
2.
By
Date
Title
Office
3.
By:
THE COURT
(SIGNATURE)
CIO/Director
In formation Techno logy
D iv is ion of State Court
A dmin istration
Form and execution approved
for Court by:
(SIGNATURE)
Title : Staff Attorney -Legal Coun se l D ivision
Date:
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29, 2015
Page 14 of 14
User Acknowledgment Form
The Agency identified below that I work for has contracted with the Office of State Court Administration (the
"Court") for the access and use of the Court's Records and Documents. Under that contract, the Agency is
required to have employees, student attorneys and contractors sign the written acknowledgment below before
they are permitted access.
I, ______________________ , as an employee/student attorney/c ontractor
of _________________________ ("the Agency"), state the
following:
1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for
Minnesota Court Data Services for Governmental Agencies between the Agency and the Court.
2. I understand that I am not to share my login and password information.
3. I shall access and use the Court Records and Court Documents provided for only "legitimate
governmental business needs." I understand a "legitimate governmental business need" is limited to a
requirement, duty or obligation for the efficient performance of governmental tasks or governmental
responsibilities that is required or authorized by law or court rule in connection with any civil, criminal,
administrative, or arbitral proceeding in any Federal , State or local court or agency or before any self-
regulatory body.
4. I shall not access or use Court Records or Court Documents for personal or non-official use or any use
that is not a legitimate governmental business need as defined in paragraph 3, above.
5. I will not share Court Records or Court Documents with third parties other than as needed to further
legitimate governmental business needs as defined in paragraph 3, above.
6. I understand that the Court is not liable for any Court Records or Court Documents not available due to
computer or network malfunction, mistake or user error. The Court makes no warranties as to the
completeness or accuracy of the Court Records and Court Documents provided.
7. I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate
governmental business need for Court Records and Court Documents. I agree to stop accessing court records
and documents when this occurs.
8. I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination
of my access to Court Records and Documents, and may result in the suspension or termination of the access to
Court Records and Documents by the Agency, and other civil and criminal liability.
Date: By:
Employee/Student Attorney/Contractor for Agency
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies--Revised September 29, 2015
Exhibit A
Date:
TO:
FROM:
SUBJECT:
November 25, 2015
Mayor and Council
Tom McCarty, City Administrator
Diane Ward, City Clerk
Update on Solid Waste & Recycling Contract with Waste Management
The City's current contract with Waste Management expires on December 31, 2015. City
staff have been in negotiations with Waste Management since June. The proposed contract
has been reviewed by the City Attorney, as well as a consultant to Washington County (free
service as part of our recycling grant) to ensure that current verbiage meets state laws and
regulations, as well as the Washington County Waste Management Master Plan 2030.
The items that may change in the contract relate to the following:
• 5 year agreement
• Definitions expanded
• Detailed Certification Process for delinquent garbage bills to be completed by Waste
Management to meet Minnesota Statutes
• Quantity limits on curbside pickup for Appliances or Bulk items
• Removal of collection of electronics at Hazardous Waste Day-to be conducted by
Washington County
• Tipping fees at the Ramsey /Washington Recycling and Energy Board Facility
• City facilities services
• Services provided for Lumberjack Days & 4th of July
• Performance & Payment Bond Requirements
• Insurance Requirements
• Liquidated Damages
• Rates to encourage recycling
• Annual adjustment limits during 5 year agreement
Staff will continue its negotiations and bring the contract, along with a resolution for the
rates, for Council approval at their December 15th meeting.
Memorandum
TO: Mayor and City Council
FROM: Diane Ward, City Clerk
DATE: December 1, 2015
SUBJECT: Towing License-Stillwater Towing
Stillwater Towing has submitted the required information and fee for their 2016
Towing License.
RECOMMENDATION:
With Chief Gannaway's approval, I recommend the issuance ofthe 2016 Towing
License to Stillwater Towing.
CITY HALL: 216 NORTH FOURTH STREET • STILLWATER , MINNESOTA 55082
PHONE: 651-430-8800 • WEBSITE : www.ci .stillwater.mn.us
TOWING LICENSE
2016
The City of Still water, Washington County, Minnesota hereinafter referred to as the "City",
hereby grants a towing license to Stillwater Towing, Inc., hereinafter referred to as the "Company"
and the License shall be on the terms and conditions set forth in this license and subject to annulment
and revocation as provided herein.
I. EQUIPMENT. The company must provide equipment that includes at a minimum:
a. Equipment to handle all vehicles including those with fiberglass bodies.
b. Vehicle dollies or flatbed for towing vehicles that cannot be moved by
conventional means.
c. Equipment of sufficient size to handle semi tractor trailer vehicles or in the
alternative have the ability to provide this equipment to a location within a
reasonable time period.
d. Equipment needed to sweep and remove accident debris and also equipment
to jump start vehicles.
e. Winching equipment of sufficient size and strength to winch vehicles of
tractor trailer type or ability to provide this equipment to a location within a
reasonable time period.
f. Emergency lights conforming to standards set forth in the Minnesota
Highway Traffic Regulation Act and from time to time promulgated by the
Commission of Public Safety ofthe State ofMinnesota.
II. FACILITIES. The company must provide storage for the vehicles it tows and these
facilities must include at a minimum:
a. A vehicle storage lot within the city or within a reasonable distance from the
city. The storage lot must be secured by a 6 foot fence with a lockable gate.
b. The storage facility must be large enough to store 15 cars.
c. The facility must have indoor storage in order to protect vehicles from
inclement weather when necessary to avoid damage to the vehicle or when
indoor storage is ordered by the police department.
d. The facility must have secure indoor storage that consists of at least one stall
that is totally secure, even from employees of the company. These stalls are
used for the storage for vehicles that are to be held as evidence or that may
contain evidence and are awaiting a search warrant.
III. IMPOUND AND RELEASE PROCEDURES. The towing company must agree to
abide by the Stillwater Police Department's policy and procedure directives dealing
with the release of vehicles to citizens. They must further agree to abide by "hold"
orders issued by members of the police department. The companies and their drivers
must agree to abide by the requirements of the police impound report filled out by the
officer at the scene of the tow.
IV. RESPONSE TIME TO THE SCENE OF TOW OR TO IMPOUND LOT. All
tow companies must agree to a minimum response time often minutes to the scene of
a requested tow or to the impound lot, or unless a longer period is required because of
a need for special equipment.
V. RESOLUTION OF COMPLAINTS. All tow companies must provide to the
Stillwater Police Chief a procedure for handling citizen's complaints dealing with the
tow service. This procedure must be submitted within 30 days of the granting of this
license.
VI. CRIMINAL HISTORY AND DRIVING RECORD CHECKS. All owners and
drivers must agree to a criminal history and driving record check and a history of
theft or drug related crimes and any convictions forD WI, reckless driving or repeated
speeding violations shall render that driver or owner disqualified to provide any
service hereunder.
VII. INSURANCE. The company shall carry and keep in full force and effect general
liability insurance to include coverage of any damage to towed vehicles , and proof of
this insurance shall be on file with the city prior to the issuance of this license.
VIII. CLEAN-UP. The tow driver shall clean up the debris at accident scenes.
IX. INSPECTION. The equipment and facilities of the company shall be subject to
inspection by the Police Chief or his designee to insure compliance with the
provisions of this license.
X. NON-EXCLUSIVE. This license shall be non-exclusive and shall not preclude the
city from granting as many additional licenses as they see fit. In the event of
additional licenses, tows will be divided among the companies according to the
interests of Public Safety as ordered by the Police Chief.
XI. REVOCATION OF LICENSE. The breach of any covenant or condition contained
in this license shall be grounds for revocation hereof. The revocation shall be
ordered by the Stillwater Police Chief and any company that feels aggrieved by his
decision may appeal his decision to the City Council where the company shall be
entitled to a full hearing.
2
Granted this day ofDecember 1, 2015.
By:
John Gannaway, Chief of Police
ATTEST:
Diane F. Ward, City Clerk
3
City Council
DATE: November 23, 2015
TOPIC: Establishment of Trail Plan Committee
MEMO FROM: Bill Turnblad, Community Development Director
BACKGROUND
At the November 3, 2015 City Council meeting, Council discussed a recommendation from the
recently adopted Trails Master Plan to form a Trail Advisory Committee. Section 7 of the plan
states:
This committee could be a new group, incorporated into the work of an existing commission or
subcommittee of an existing commission, such as the Parks and Recreation, Traffic or the Planning
Commission, as determined by the City Council at their discretion. A special committee given
goals, guidelines, parameters and restrictions could implement priorities consistent with
recommendations of the Plan. The Trail Master Plan shows the system in general terms. The
committee would need to refine the system looking at intersections, trail locations, specific trail
widths and details of coordination within and through parks. In addition, the committee can review
financing alternatives and assist with grant writing, events and education.
The Council discussion lead to a consensus that: 1) a Trail Advisory Committee should be
established; 2) it will be a sub-group of the Park Commission; 3) its purpose will be to advise the
Park Commission on implementation of the Trails Master Plan; 4) membership will include
(though no discussion limited it to these members) a Park Commissioner, a representative from
the Friends of Stillwater Trails organization, a High School Student, and several residents.
DISCUSSION
There was no definitive discussion on several items that were included in the staff report on
November 3rd. Staff will assume for purposes of completing the first draft of a resolution
establishing the committee, that the recommendations on those items are acceptable to the
Council. Specifically, those undiscussed recommendations are:
1. Staff recommends giving the committee a 3 year life cycle. It could be extended after
that, if desirable.
2. Membership
a. Resident of Stillwater
Trail Plan Committee
Page 2 of 2
b. Have experience in trail development, or experience with organizations that rely
heavily on trails, or have a combination of experiences and background that
would be useful to trail plan implementation
c. Will be appointed to the committee by the City Council
3. Organization
a. The Park Commission member of the committee will chair the committee
b. A secretary should be elected from amongst the committee membership
i. Minutes are not necessary
ii. Meeting agendas will be developed by the chair and secretary in
consultation with City staff.
iii. Advice and recommendations to the Park Commission should be in
written form from the secretary. They will be forwarded to City staff for
inclusion on Park Commission agendas.
c. The chair of the committee will keep the Park Commission updated regularly on
work of the committee.
4. Meeting schedule
a. Generally speaking, quarterly meetings should be scheduled by the secretary.
b. Perhaps while the group is in its formative stage, the first three months or so,
meetings could be monthly.
5. Work plan and staffing
a. Since it is likely that the work of the committee will be to: 1) pro-actively monitor
and recommend ways to implement the Trail Plan goals, and 2) review plans by
Public Works as street projects are occurring; the committee will likely be jointly
staffed when needed by the Engineering and Planning Divisions as agenda items
necessitate.
COUNCIL ACTION REQUESTED
Review the attached resolution establishing the Trail Plan Committee. If changes are desired,
direct staff to do so. If it is acceptable, adopt it as is.
Also, if the Council wishes to change the name of the Park Commission to the Park & Trail
Commission, please direct staff to amend the applicable documents and bring them back for
formal approval.
bt
A RESOLUTION ESTABLISHING
TRAIL ADVISORY COMMITTEE
WHEREAS, the City Council adopted the Stillwater Trails Master Plan on
September 15, 2015; and
WHEREAS, Section 7 of the Trails Master Plan recommends establishing a Trail
Advisory Committee to assist the City with recommendations to implement the plan; and
WHEREAS, on November 3, 2015 the City Council directed the Community
Development Director to draft a resolution establishing a Trail Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby establishes a Trail Advisory Committee, which is to conduct business
according to the following rules:
1. Position in City Organization Chart
a. The Committee will function as a committee to the Park Commission.
2. Purpose of the Committee
a. The purpose of the Committee is to advise the Park Commission on
implementation of the Trails Master Plan.
3. Committee membership
a. The Committee will be comprised of seven members. Members shall
include: a) one representative each from the following groups: the Park
Commission, the Friends of Stillwater Trails, the Stillwater Area High
School student body or faculty; b) two Stillwater residents; c) two
additional people with experience in trail development, or experience with
organizations that rely heavily on trails, or have a combination of
experiences and background that would be useful to trail plan
implementation.
b. Committee members will be appointed by the City Council.
c. Term limits do not apply.
4. Duration of the Committee
a. The Committee is authorized through December 31, 2018. However, the
Council may at its discretion extend this another 3 years.
5. Organization
a. The Park Commission member will serve as the chair the Committee.
b. A secretary will be elected from amongst the committee membership
i. Committee meeting minutes are not necessary.
ii. Meeting agendas will be developed by the chair and secretary in
consultation with City staff.
iii. Advice and recommendations developed for the Park Commission
will be in written form from the secretary. They will be forwarded
to City staff for inclusion on Park Commission agendas.
c. The chair of the Committee will keep the Park Commission updated
regularly on work of the committee.
d. Meeting schedule
i. Generally speaking, quarterly meetings should be scheduled by the
secretary.
ii. While the group is in its formative stage, the first three months or
so, meetings could be more frequent than quarterly.
6. Staffing
e. Since it is likely that the work of the committee will be to: 1) pro-actively
monitor and recommend ways to implement the Master Trails Plan goals,
and 2) review plans by Public Works as part of street projects; the
committee will be jointly staffed when needed by the Engineering and
Planning Divisions as agenda items necessitate.
Enacted by the City Council of the City of Stillwater, Minnesota this 1st day of
December, 2015.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, Clerk
RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO
AN APPEAL OF ADMINISTRATIVE INTERPRETATION BY ROBERT & RACHEL BUGBEE,
LOCATED AT 1427 LYDIA CIRCLE
CASE NO. 2015-38
BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact,
Conclusions and Order related to an appeal of Administrative Interpretation by Robert &
Rachel Bugbee located at 1427 Lydia Circle, attached as an Exhibit, as on file with the City
Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said
Findings of Fact, Conclusions and Order.
Adopted by the Stillwater City Council this 1st day of December, 2015
Ted Kozlowski, Mayor
ATTEST:
___________________________________________________
Diane F. Ward, City Clerk
STATE OF MINNESOTA CITY OF STILLWATER
COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL
In Re: Robert & Rachel Bugbee
1427 Lydia Circle FINDINGS OF FACT
Appeal of Administrative Interpretation CONCLUSIONS AND
ORDER
Case No. 2015-38
The City Council convened a Hearing for Case No. 2015-38 at 7:30 p.m. November 17,
2015 at the Council Chambers in City Hall. The purpose of the Hearing was to consider an
appeal request from Robert and Rachel Bugbee related to a Zoning Code interpretation made by
Bill Turnblad, City of Stillwater Community Development Director. The interpretation relates to
the question whether a 2x4 tarp covered framed lean-to shed is a structure that must meet the
required side yard setback for the property. If the lean-to shed is considered a structure by
Zoning Code, then it must be removed to be compliant with side yard setback requirements.
Community Development Director Turnblad interprets the lean-to shed by Zoning Code
definitions to be a structure. The Bugbees have appealed that interpretation.
At the Hearing the City Council considered the oral report of the Community Developer
Director; testimony by the Bugbees; the Staff Report dated November 17, 2015 by Abbi
Wittman, City Planner; and the Planning file prepared by City Staff for the Application.
NOW, THEREFORE, based upon the documents that have been made a part of the file,
upon the testimony of all those who offered it, and upon all the documents and proceedings
therein, the City Council makes the following:
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FINDINGS OF FACT
1. The subject property is located at 1427 Lydia Circle, Stillwater, Washington
County, Minnesota.
2. The property is zoned RA (Two-Family Residential District).
3. City Code Chapter 31-305 (b)(1) requires structures in the RA Zoning District to
maintain a 10 foot setback from the side lot line.
4. City Code Chapter 31-101 (156) defines structure as “anything constructed or
erected by humans except for fences …”
5. The tarp covered 2x4 framed lean-to shed in question is clearly “constructed or
erected” and is therefore a structure by definition.
6. As a structure, the lean-to shed must have a 10 foot setback from the property’s
side lot line.
7. The lean-to structure fills space between the garage, which has an approximately
10 foot setback, and the side yard fence, which is located approximately on the side lot line.
Therefore, for all practical purposes, the entirety of the lean-to structure encroaches into the
required 10 foot side setback area.
CONCLUSION OF LAW
1. That this matter was properly before the City Council pursuant to the procedure
set forth in the City Code.
2. That the lean-to structure (except the fence) encroaches into the required 10 foot
setback area, and therefore the entire lean-to structure (except the fence) must be removed.
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ORDER
IT IS HEREBY ORDERED
1. That the decision of the Community Development Director is upheld and the
entire lean-to structure (except the fence) must be removed.
Adopted on a vote of ___________ by the City Council this 1st day of December, 2015.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, Clerk
City Council
DATE: November 23, 2015
SUBJECT: Status of 2105 System Statement hearing request
MEMO FROM: Bill Turnblad, Community Development Director
BACKGROUND
At its November 17, 2015 meeting the City Council adopted Resolution 2015-203 formally
disagreeing with the 2015 System Statement.
Subsequent to submitting the resolution to the Metropolitan Council, I have had several
conversations and an in-person meeting with Ryan Garcia, who is the Metropolitan Council staff
member working with communities in our area.
Mr. Garcia then met with his immediate supervisor, LisaBeth Barajas (manager of the Local
Planning Assistance department of the Metropolitan Council).
The result of the sequence has been a letter (attached) from Ms. Barajas recognizing receipt of
the City’s Resolution. The letter also explains that the Met Council accepts the City’s position
that the Minar and McKusick Road North neighborhoods will not be included in the 5 unit per
acre aggregate calculation for new development and redevelopment projects.
DISCUSSION
Ms. Barajas recognizes that both of these neighborhoods are already developed. From that
standpoint alone, the 5 units per acre aggregate density will not apply. But she goes on further to
clarify that unless the City specifically targets these neighborhoods for redevelopment in the
2018 Comp Plan update, they would not be considered “redevelopment” by Met Council. And
again, the 5 units per acre would not apply.
She also explains that a lot split is not considered “redevelopment”.
And, what if the City wants to extend sewer into either of these two neighborhoods? Would that
garner the designation of “redevelopment”? As long as the current 2008 Comp Plan
classification of LDR (LDR Low Density Residential) is not changed in the 2018 Comp Plan,
and “lot splits” do not exceed the currently guided LDR density (2.2 to 4.4 units/acre), then it
would not be considered “redevelopment”.
System Statement
Page 2 of 2
COUNCIL ACTION REQUESTED
Please consider the Met Council response and decide whether to:
1) Accept the 2015 System Statement and recall the Resolution submitted for a hearing;
2) Request further consideration or possibly a presentation by Met Council staff;
3) Find the Met Council response unacceptable and request a hearing date; or
4) Table for further discussion.
bt
attachments: Resolution 2015-203
Barajas letter
RESOLUTION NO. 2015-203
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
RESOLUTION REQUESTING A HEARING
PURSUANT TO MINNESOTA STAT. SEC. 473.857
WHEREAS, the City Council has examined the System Statement issued to the City of
Stillwater by the Metropolitan Council on September 17, 2015, pursuant to Thrive MSP 2040; and
WHEREAS, the System Statement is in error and MN Stat. Sec. 473.857 allows the City
the opportunity to request a hearing to resolve differences regarding elements that are believed to
be erroneous.
NOW THEREFORE BE IT RESOLVED, that a Hearing is requested on the grounds set
for in the description of the disagreement together with the specified proposed amendments to the
System Statement as set for the in the attached Exhibit A.
Enacted by the Stillwater City Council this 17th day ofNovember, 2015.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Resolution 2015-203
Exhibit A
Thrive MSP 2014 identifies the City of Stillwater with the community designation of Suburban.
Suburban communities experienced continued growth and expansion during the 1980s and
early 1990s, and typically have automobile-oriented development patterns at significantly lower
densities than in previous eras.
The timing of growth and expansion associated with the Suburban community designation may
be accurate for a portion of western Stillwater. But, it is inaccurate for both the historic eastern
neighborhoods of the City and for the western rural residential neighborhoods that were fully
developed in Stillwater Township and annexed into the City of Stillwater January 1, 2015.
Suburban communities are expected to plan for forecasted population and household growth at
average densities of at least 5 units per acre for new development and redevelopment. While
this density may be reasonable for portions of the City, it is not reasonable for the rural
residential neighborhoods.
Some accommodation needs to be made in the aggregated density calculations, especially for
the existing rural residential neighborhoods in the City.
November 23, 2015
Bill Turnblad, Community Development Director
City of Stillwater
216 Fourth Street North
Stillwater, MN 55082
RE: 2015 System Statement
Dear Mr. Turnblad:
Thank you for delivering an e-mail copy of City of Stillwater Resolution No. 2015-203, requesting a
system statement hearing, and for meeting with Ryan Garcia on November 20, 2015, to discuss the
City's concerns as related to the system statement. As was discussed, we believe that we can avoid a
formal hearing on this matter with a bit of clarification of the contents of the System Statement and
related Metropolitan Council policy.
Specifically, the resolution and your conversations with Mr. Garcia indicate that the City's reasons for
disagreement are that the "Suburban" community designation is inappropriate because existing
neighborhoods that were fully developed in Stillwater Township and annexed into the City of Stillwater
January 1, 2015-including the "Minar Neighborhood" and the "McKusick Road North Neighborhood" -
do not meet a density level of 5 units per acre. As the City undertakes the process of updating its
comprehensive plan, these neighborhoods-as weli as any and ail existing/developed neighborhoods
that the community does not specifically identify for redevelopment via the comprehensive plan -
are not expected to be calculated as the community measures its planned average net density.
Adopted Metropolitan Council policy (see pages 116-117 of THRIVE MSP 2040, in particular) explains
that density expectations apply specifically to areas planned by each individual community for ~
growth, development, and redevelopment. In the Metropolitan Council's perspective, the
neighborhoods of concern are not new growth or development areas, and, unless the City of Stillwater
proposes otherwise, are not expected to be redevelopment areas. Thus, per Council Policy, we would
not expect the City to consider these neighborhoods in its planned average net density.
Please note the following, as further clarification of how these neighborhoods will be considered by the
Metropolitan Council with the City's Comprehensive Plan Update:
• The Metropolitan Council approved the City's 2030 Comprehensive Plan, which included a City-
defined future land use category of "Low Density Residential," for these and several other areas
in the City with a density range well below 5 units per acre, although the City's overall density
expectation was a minimum of 5 units per acre. If the City's Update identifies these areas in
exactly the same or a very similar manner, the Council's approval of the Plan would be treated
in exactly the same manner, all other things being equal.
• A minor lot split (i.e. subdividing a 5-acre lot into two 2.5-acre lots) would not be considered
"redevelopment" for purposes of density calculations.
METROPOLITAN
COUNCIL
• Metropolitan Council policy (see page 117 of THRIVE MSP 2040) recognizes that not all
development will meet the overall minimum density expectations, while other developments may
exceed that overall minimum density. This acknowledgement affords communities with the
flexibility to determine which areas are best suited for a range of densities-some of which may
fall below the "average minimum" and some of which may exceed the "average minimum."
Although the areas in question are not new development or redevelopment, this policy should
serve to clarify that the Council values and encourages a range of local density and
neighborhood characteristics identified by the community to best represent their unique
qualities, strengths , and desires .
Again, thank you and your colleagues and local policy makers for taking the time to consider the 2015
System Statement, to reach out with your concerns, and above all for being excellent partners in
making our region a thriving one . It is our hope that this letter clarifies the Metropolitan Council's
intention and position with respect to the System Statement, application of our regional density policies,
and addresses the City of Stillwater's concerns in th is matter.
We look forward to further discussion as the City progresses through its comprehensive plan update
process , and remain available at your request to discuss this and other matters as they present
themselves . Please do not hesitate to contact Ryan Garcia at 651-602-1832, if you have any other
questions or would like to discuss further.
CC : Harry Melander, Metropolitan Council Member-District 12
Ryan Garcia, Sector Representative
N:\CommDev\LPA\Communities\Stil/water\Sy stem Statements\2015\2015 Stillwater SS Response Letter.docx
Memorandum
To: Mayor and City Council
From: Shawn Sanders, Director of Public Works
Date: November 23, 2015
Re: MS4 Ordinance Revisions- Illicit Discharge
DISCUSSION
While working on the City’s Municipal Separate Storm Sewer System (MS4) General Permit
MS4 update, the City’s consultant, WSB, reviewed the City of Stillwater’s ordinances and
identified areas that have deficiencies in the area of Minimum Control Measure (MCM) III,
which deals with Illicit Discharge Detection & Elimination according to the new requirements
MS4 General Permit. Illicit discharge is generally defined as any non-storm water drains into the
City’s storm sewer system.
In order to bring the City’s ordinances into compliance with the new requirements of the MS4
General Permit, revisions to the City’s Ordinances are necessary in Chapter 29, Sewers, and
Chapter 38, Nuisances. These changes are summarized below, with the actual changes on the
following pages.
Incorporate clear definitions for illicit discharge, illicit connection, non-stormwater
discharge, etc.
Outline exemptions to the illicit discharge prohibition.
Describe authority for the City to access facilities for illicit discharge inspections and to
sample for illicit discharges.
Describe authority for the City to conduct enforcement to stop an illicit discharge and
require corrective actions
RECOMMENDATION
It is recommended that council consider and approve the first reading of the revision to
Ordinance 29 and 38 of the City code. The second reading will take place at the December 15th
meeting.
ACTION REQUIRED
If Council concurs with the recommendation they should pass a motion approving the 1st reading
of the ordinace.
ORDINANCE 1084
AN ORDINANCE AMENDING THE
STILLWATER CITY CODE TO COMPLY WITH
CURRENT REQUIREMENTS OF THE MUNICIPAL
SEPARATE STORM SEWER SYSTEM (MS4) GENERAL PERMIT
The City Council of the City of Stillwater does ordain:
1. AMENDING. Section 29-5 – Prohibting deposit of Stormwater in Sewer System is
amended by addition Sec. 29-5 Subd. 1, (1)(2) and (3) that will hereafter read as follows:
“(1) The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited
(2) This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection
(3)(1) A person is considered to be in violation of this ordinance if the person
connects a line conveying sewage to the Municipal Separate Storm Sewer
System (MS4), or allows such a connection to continue.”
and by adding Section 29-5 Subd. 7, 8, 9, 10, and 11 that will hereafter read as follows:
“Subd. 7. Administrative search warrant. If the enforcement officer has been
refused access to any part of the premises from which the nuisance is occurring,
and the enforcement officer is able to demonstrate probable cause to believe that
there may be a violation of this section, or that there is a need to inspect, test,
examine or sample as part of a routine program designed to verify compliance
with this section or any order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the city may seek issuance of an
administrative search warrant from any court of competent jurisdiction.
Subd. 8. Notice of Violation. If an enforcement officer finds that a person
violated a prohibition or failed to meet a requirement of this section, the city may
order compliance by written notice of violation to the responsible person. Such
notice may require without limitation:
(1) The performance of monitoring, analysis, and reporting;
(2) The elimination of illicit connections or illegal discharges;
(3) The violating discharges, practices, or operations must cease and
desist;
(4) The abatement or remediation of stormwater pollution or
contamination hazards and the restoration of any affected
premises;
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(5) Payment of a fine to cover administrative and remediation costs;
and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by a
designated governmental agency or a contractor and the expense thereof shall
be charged to the violator.
Subd. 9. Appeal of notice of violation. Any person receiving a Notice of
Violation may appeal the determination of the authorized enforcement agency.
The notice of appeal must be received within 10 days from the date of the Notice
of Violation. Hearing on the appeal before the appropriate authority or his/her
designee shall take place within 30 days from the date of receipt of the notice of
appeal. The decision of the municipal authority or their designee shall be final.
Subd. 10. Enforcement measures after appeal. If the violation has not been
corrected pursuant to the requirements set forth in the Notice of Violation, or,
in the event of an appeal, within 30 days of the decision of the municipal authority
upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon the subject
private property and are authorized to take any and all measures necessary to
abate the violation and/or restore the property. It shall be unlawful for any
person, owner, agent or person in possession of any premises to refuse to allow
the government agency or designated contractor to enter upon the premises for
the purposes set forth above.
Subd. 11. Cost of abatement of the violation. Within 30 days after abatement
of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 10 days. If the amount
due is not paid within a timely manner as determined by the decision of the
municipal authority or by the expiration of the time in which to file an appeal, the
charges shall become a special assessment against the propert y and shall constitute
a lien on the property for the amount of the assessment.”
2. AMENDING. Chapter 38 NUISANCES is amended by adding the following definition
to Sec. 38-1, Subd. 1 (inserted alphabetically):
“Best Management Practices (BMPs) means schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or
indirectly to stormwater, receiving waters, or stormwater conveyance systems that
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are identified and adopted by the city. BMPs also include treatment practices,
operating procedures, and practices to control site runoff, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage.
Illicit discharge means any direct or indirect non-stormwater discharge to
the storm drain system, except exempted in Subd. 2 of this ordinance.
Illicit connection means any drain or conveyance, whether on the surface
or subsurface, which allows an illegal discharge to enter the storm drain system
including, but not limited to, any conveyances which allow any non-storm water
discharge including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by the city; or, any drain or
conveyance connected from a commercial or industrial land use to the storm drain
system which has not been documented in plans, maps, or equivalent records and
approved by the city.
Industrial Activity means any activities subject to NPDES Industrial
Permits as defined in 40 CFR, Section 122.26 (b)(14).
National Pollutant Discharge Elimination System (NPDES) Stormwater
Discharge Permit means a permit issued by the Minnesota Pollution Control
Agency that authorizes the discharge of pollutants to waters of the state, whether
the permit is applicable on an individual, group, or general area-wide basis.
Non-stormwater discharge means any discharge to the storm drain system
that is not composed entirely of stormwater.
Pollutant means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil
and other automotive fluids; non-hazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Storm drain system means publicly-owned facilities by which stormwater
is collected or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping
facilities, retention and detention basins, natural and human-made or altered
drainage channels, reservoirs, and other drainage structures.
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Stormwater means any surface flow, runoff, and drainage consisting
entirely of water from any form of natural precipitation, and resulting from such
precipitation.
Wastewater means any water or other liquid, other than uncontaminated
storm water, discharged from a facility.”
and, by adding to Sec. 38-1 Subd. 2, a new kk, and kk 1., 2., 3., and 4. to read as follows:
“kk. The discharging of any nonstormwater to the city stormwater system
discharge to street or storm drain system may occur. . The commencement,
conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions
established by this ordinance: water line flushing, landscape irrigation,
diverted stream flows, rising ground waters, uncontaminated ground
water infiltration, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps,
footing drains, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, dechlorinated swimming
pool discharges, and street wash water;
2. Discharges or flow from firefighting, and other discharges authorized
by the city in writing that are necessary to protect public health and
safety;
3. Discharges associated with dye testing, however this activity requires
verbal notification to the city prior to the time of the test;
4. (1)The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
federal Environmental Protection Agency, provided that the discharger
is in full compliance with all requirements of the permit, waiver, or
order and other applicable laws and regulations, and further provided
that written approval has been granted for any discharges to the storm
drain system.”
and, by adding to Section 38-2, a new Subd. 3, Sub 4, Sub 5, Sub 6, Sub 7, renumbering Subs. 3
through 11, a new Subd. 12, Subd. 13, Subd. 14, Subd. 15, Subd. 16, renumbering Subd. 10
through 20, a new Subd. 21, 22, 23, 24, 25, 26, and renumber Subd. 11 through 28.
“Subd. 3. Suspension due to illicit discharge in emergency situations. The
city may, without prior notice, suspend MS4 discharge access to a person when
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such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, or to
the health or welfare of persons, or to the MS4 or Waters of the United States. If
the violator fails to comply with a suspension order issued in an emergency, the
authorized enforcement agency may take such steps as deemed necessary to
prevent or minimize damage to the MS4 or Waters of the United States, or to
minimize danger to persons.
Subd. 4. Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this ordinance may have their MS4
access terminated if such termination would abate or reduce an illicit discharge.
The authorized enforcement agency will notify a violator of the proposed
termination of its MS4 access. The violator may petition the authorized
enforcement agency for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Section, without the prior approval of the authorized
enforcement agency.
Subd. 5. Industrial or construction activity discharges. Any person subject
to an industrial or construction activity NPDES storm water discharge permit
shall comply with all provisions of such permit. Proof of compliance with said
permit may be required in a form acceptable to the city prior to the allowing of
discharges to the MS4.
Subd. 6. Watercourse protection. Every person owning or occupying
premises through which a watercourse passes, shall keep and maintain that part of
the watercourse within the premises free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly retard the
flow of water through the watercourse. In addition, the owner or occupant shall
maintain existing privately owned structures within or adjacent to a watercourse
so that such structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
Subd. 7. Notification of spills. Notwithstanding other requirements of law,
as soon as any person responsible for a facility or operation or responsible for
emergency response for a facility or operation has information of any known or
suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into stormwater, the storm drain system, or
waters of the state, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event of such a release
of hazardous materials, said person must immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the event of a
release of nonhazardous materials, said person shall notify the city no later than
the next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the city within three business days of the
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personal or phone notice. If the discharge of prohibited materials originates from
an industrial establishment, the owner or operator of such establishment shall also
retain an on-site written record of the discharge and the actions taken to prevent
its recurrence. Such records must be retained for at least three years.
Subd. 12. Administrative search warrant. If the enforcement officer has been
refused access to any part of the premises from which the nuisance is occurring,
and the enforcement officer is able to demonstrate probable cause to believe that
there may be a violation of this section, or that there is a need to inspect, test,
examine or sample as part of a routine program designed to verify compliance
with this section or any order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the city may seek issuance of an
administrative search warrant from any court of competent jurisdiction.
Subd. 13. Notice of Violation. If an enforcement officer finds that a person
violated a prohibition or failed to meet a requirement of this section, the city may
order compliance by written notice of violation to the responsible person. Such
notice may require without limitation:
(1) The performance of monitoring, analysis, and reporting;
(2) The elimination of illicit connections or illegal discharges;
(3) The violating discharges, practices, or operations must cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected premises;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by a
designated governmental agency or a contractor and the expense thereof shall be
charged to the violator.
Subd. 14. Appeal of notice of violation. Any person receiving a Notice of
Violation may appeal the determination of the authorized enforcement agency.
The notice of appeal must be received within 10 days from the date of the Notice
of Violation. Hearing on the appeal before the appropriate authority or his/her
designee shall take place within 30 days from the date of receipt of the notice of
appeal. The decision of the municipal authority or their designee shall be final.
Subd. 15. Enforcement measures after appeal. If the violation has not been
corrected pursuant to the requirements set forth in the Notice of Violation, or,
in the event of an appeal, within 30 days of the decision of the municipal authority
upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon the subject
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private property and are authorized to take any and all measures necessary to
abate the violation and/or restore the property. It shall be unlawful for any
person, owner, agent or person in possession of any premises to refuse to allow
the government agency or designated contractor to enter upon the premises for
the purposes set forth above.
Subd. 16. Compliance monitoring. The owner or party responsible shall
allow the city ready access to all parts of the premises for the purposes of
inspection, sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the performance
of any additional duties as defined by state and federal law. Any temporary or
permanent obstruction to safe and easy access to the area to be inspected or
sampled shall be promptly removed by the discharger at the request of the city
and shall not be replaced.
The city may require the discharger to install monitoring equipment or other such
devices as are necessary in the opinion of the city to conduct monitoring or
sampling of the premises stormwater discharge. The monitoring equipment must
be maintained by the discharger in a safe and proper operating condition at all
times. All devices used to measure stormwater flow and quality must be
calibrated to ensure their accuracy.
Subd. 21. Cost of abatement of the violation. Within 30 days after abatement
of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 10 days. If the amount
due is not paid within a timely manner as determined by the decision of the
municipal authority or by the expiration of the time in which to file an appeal, the
charges shall become a special assessment against the propert y and shall constitute
a lien on the property for the amount of the assessment.
Subd. 22. Injunctive relief. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this Ordinance.
If a person has violated or continues to violate the provisions of this ordinance,
the authorized enforcement agency may petition for a preliminary or permanent
injunction restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation of the
violation.
Subd. 23. Compensatory action. In lieu of enforcement proceedings,
penalties, and remedies authorized by this Ordinance, the authorized
enforcement agency may impose upon a violator alternative compensatory
action, such as storm drain stenciling, attendance at compliance workshops, creek
cleanup, etc.
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Subd. 24. Violations deemed a public nuisance. In addition to the
enforcement processes and penalties provided, any condition caused or permitted
to exist in violation of any of the provisions of this Ordinance is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance, and
may be summarily abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such nuisance may
be taken.
Subd. 25. Criminal prosecution. Any person that has violated or continues
to violate this ordinance shall be liable to criminal prosecution to the fullest
extent of the law, and shall be subject to a criminal penalty of a misdemeanor.
The authorized enforcement agency may recover all attorneys’ fees court costs and
other expenses associated with enforcement of this ordinance, including sampling
and monitoring expenses.
Subd. 26. Remedies not exclusive. The remedies listed in this ordinance are
not exclusive of any other remedies available under any applicable federal, state
or local law and it is within the discretion of the authorized enforcement agency
to seek cumulative remedies.”
Enacted by the City Council of Stillwater this _____ day of December, 2015.
__________________________
Ted Kozlowski, Mayor
ATTEST:
___________________________
Diane F. Ward, City Clerk