HomeMy WebLinkAbout2017-07-18 CC Agenda Packet (499ateir
THE OIOTMYLOCE OF MINNESOTA
REVISED AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 Fourth Street North
July 18, 2017
REGULAR MEETING 7:00 P.M.
1. CALL TO ORDER
11. ROLL CALL
111. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES
1. Possible approval of the June 21 and 22, 2017 Special Meeting
(July 11, 2017 regular and recessed meeting minutes will be available for approval at the
August 2, 2017 meeting.)
V. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS
2. Resolution 2017-139, Presentation of Human Rights Award -Anne McManus (Resolution -
Roll Call)
3. Resolution 2017-140, Presentation of Human Rights Award - Ben Welshons, Sr. (Resolution -
Roll Call)
4. Lumberjack Days Request- Erin McQuay
VI. 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.
VII. STAFF REPORTS
S. Police Chief
6. Fire Chief
7. City Clerk
8. Community Development Dir.
9. Public Works Dir. - Easement on Broadway
10.Finance Director
11.City Attorney
12.City Administrator
VIII. 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.
13.Resolution 2017-141, directing payment of bills
14.Possible approval of sanitary sewer adjustments
15.Resolution 2017-142,approval of renewal of Cooperative Fire Protection Agreement with MnDNR
16.Resolution 2017-143, approval of Easement Vacation and New Easement Creation
IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
17.This is the date and time for a public hearing to consider the adoption of a portable recording
system (body camera) policy. The hearing is to consider a proposed written policy, and before
its adoption, to provide an opportunity for public comment. The Council will also accept public
comments that is submitted electronically comments@ci.stillwater.mn.us or by mail. All
according to Minnesota Statute 626.8473. Notice was published in the Stillwater Gazette on
July 7, 2017. At the request of the Police Chief this hearing will be tabled to the August 15,
2017 meeting
X. UNFINISHED BUSINESS
18.
Roll C4444(Postponed until sometime in August at the request of the Developer.)
XI. NEW BUSINESS
XII. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS (CONTINUED)
XIII. COMMUNICATIONS/REQUESTS
XIV. COUNCIL REQUEST ITEMS
19.Beyond the Yellow Ribbon update
XV. STAFF REPORTS (CONTINUED)
XVI. ADJOURNMENT
ater
H E 8 R I H 4 I A f:1_ N F M,9 1 N N F S 0 1 A
RESOLUTION 2017-140
STILL WATER HUMAN RIGHTS AWARD
BENJAMIN WELSHONS,SR.
Whereas,the Stillwater Human Rights Commission requested nominations for the 2017 Stillwater Human
Rights Award. Again,we had two winning candidates this year; and
Whereas, BENJAMIN WELSHONS, SR. has been nominated posthumously for working to build an
environment that promotes fair and equal treatment for everyone. Both his education and vocation deepened
his compassion and understanding for the humanity of the homeless, the mentally ill, and guided his life long
actions to be useful; and
Whereas, BEN was a psychologist choosing to work with youth in corrections because their needs were
the greatest and too often neglected.From the early 1970's until 1997,he partnered with a public school principal
to change Boys Totem Town from a warehouse for young offenders to a much healthier interactive program
where the youth were involved with their own growth and change. He was a pioneer of developmental
psychology and resiliency, mentoring the staff to support the Positive Peer Culture program; and
Whereas,the WELSHONS' home was never locked. The sign on the door read: "This is an island of sanity
in a sea of madness. No holding,no using,no dealing."Many young people found welcome acceptance at their
kitchen table. Many were experimenting with drugs and very few adults were aware of them or their dangers,
but in 1971 Ben, local school staff, community clergy, and friends created the Olive House (All of Us, Inc.),
which was a crisis intervention and education facility lead by Ben as program director,and trainer of volunteers;
and
Whereas, many young adults were drawn to BEN seeking his guidance as they worked with at-risk youth
as mental health counselors, drug/alcohol counselors, corrections officers, and teachers. Ben always took time
to listen, advise, and provide the right readings and research; and
Whereas, BEN and his wife Margaret had four biological children, and their family expanded to include
foster children - both long term and emergency placements, including a teen Native American girl at a time
when little community support existed; and
Whereas, mentoring and philanthropy were life-long for BEN and are ongoing today, practiced by his
family and many friends in Stillwater, The Twin Cities, and elsewhere in the U.S. and the world. The principal
beneficiaries of this advocacy and actions are people who felt they were "outsiders," ..invisible," or "thrown
away"by society.
Now Therefore,Be It Resolved,by the City Council of the City of Stillwater,Minnesota,one 2017 Human
Rights Award is presented to BENJAMIN WELSHONS, SR. in appreciation of his outstanding leadership and
dedication to human rights, and is hereby commended for those efforts.
Adopted by the City Council this 18th day of July,2017.
TED KOZLOWSKI,MAYOR
water.
THE BIRTHPLACE OF MINNESOTA
TO: Mayor & City Council
FROM: Tom McCarty, City Administrator
DATE: July 18, 2017
RE: 2017 LUMBERJACK DAYS AGREEMENT— ADDENDUM REQUEST
BACKGROUND
The City Council approved the 2017 Stillwater Lumberjack Days Agreement at its May
16, 2017 meeting. The approved 2017 Agreement includes additional language for
management of Helicopter Rides in Bridgeview Park by The Locals during Lumberjack
Days. The additional language provisions address safety & security items, days and
hours of operation, size of the helicopters used for the event, flight paths, and helicopter
insurance requirements.
Section 6(f) of the approved 2017 Lumberjack Days Agreement language established the
Helicopter Ride days and hours of operation as Saturday,July 22 and Sunday,July 23
from 11:00 AM to 6:00 PM in Bridgeview Park.
The Locals are requesting consideration for an addendum to the Agreement to add an
additional day of Helicopter Rides on Friday,July 21 from 11:00 AM to 6:00 PM. City
staff and the Locals had numerous conversations regarding draft language for the 2017
Lumberjack Days Agreement, however, the formal request to allow Helicopter Rides on
Friday was not discussed during City Council consideration of the Agreement.
REQUEST
The Locals are requesting the City Council consider approval of an addendum to the
2017 Stillwater Lumberjack Days Agreement to allow Helicopter Rides to occur on
Friday,July 21 from 11:00 AM-6:00 PM. Staff had previously noted concerns of safety
and noise regarding Helicopter Rides and this request would add a third day of
Helicopter Rides to the event.
If the Council finds the addition of Helicopter Rides on Friday,July 21, 2017 from 11:00
AM to 6:00 PM satisfactory, approval would be granted by adopting the attached
Resolution.
Attachments: Resolution of Approval; Agreement Addendum
RESOLUTION OF APPROVAL OF ADDENDUM NO. 1 TO THE 2017 CITY OF
STILLWATER LUMBERJACK DAYS AGREEMENT
DATED JULY 18, 2017
BE IT RESOLVED,by the City Council of Stillwater, State of Minnesota,that Addendum
No. 1 to the 2017 City of Stillwater Lumberjack Days Agreement dated July 18, 2017, between
The Locals and the City of Stillwater 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 18th day of July, 2017.
Ted Kozlowski, Mayor
ATTEST:
J. Thomas McCarty, Acting City Clerk
STILLWATER LUMBERJACK DAYS AGREEMENT
This Agreement between the City of Stillwater, Washington County, Minnesota ("City"),
and the Stillwater Lumberjack Days Celebration of 2017, part of a community wide celebration
(the "Celebration"); (LOCALS,) a Minnesota non—profit and federally certified 5010
organization ("Association"). Whereby the Association has appointed an Independent Contractor
to Manage and Stage the Celebration according to the terms of this Agreement.
1. Celebrations. The City has encouraged community wide celebrations in order to
foster and promote tourism within the City of Stillwater and encourage commerce within the City
that will ultimately increase property values and the quality of life within the City, thereby
promoting the welfare of the City. The Stillwater Lumberjack Days Celebration will be held
during the last half of July of each year as determined by agreement between the Association and
the City. The Stillwater Lumberjack Days of 2017 will be conducted on the following dates:
Setup: Thursday, July 20, 2017 —7 a.m. to 11 p.m.
Event: Friday, July 21, 2017; Saturday, July 22, 2017; Sunday, July 23, 2017
10 a.m. to 11 p.m.
Cleanup: Monday, July 24, 2017—7 a.m. to 5 p.m.
2. Management. The LOCALS must appoint an individual to represent their entity in
dealings with the City regarding the Celebration. This individual must be given authority to bind
the organization to agreements made with the City, to receive notice of any kind including routine
or emergency notices that when received by the individual will be considered given to the
Association. The notice may be given by email, in person, by telephone or by U.S. Mail. The
email address, cell phone number and mailing address of this representative must be given to the
City within 30 days of the execution of this Agreement and kept continuously current from January
1st of each calendar year until August 1st. Failure to provide this representative or to keep the
representative's contact information current are grounds for cancelation of this Agreement and all
rights to conduct the Celebration.
(a) Site Plan. The Association must prepare an overall site plan for the Celebration
that depicts the location of fencing,vendors, exits and any areas with the City, such
as parks or parking lots that are proposed for use by the Association for the
Celebration and related use. Further the Association must also submit a City Event
Permit with application fee and an overall Celebration Concept Plan that describes
each element of the Celebration, including water races,parades, fireworks that are
planned. The Concept Plan and Event Permit application must be submitted by
April 1st of each year.
(b) Event Coordinator. Further, the primary City contact will be the City
Administrator or the person designated as Event Coordinator(Event Coordinator).
The Association pledges to work with this person regarding Event Planning and the
fulfillment of the conditions contained in this Agreement.
(c) Status Report. Beginning 30 days after the execution of the Agreement, and each
30 days thereafter, the Association must provide to the Event Coordinator a status
report, that must include the sources (should the source elect to be identified) and
amount of paid sponsorships, the nature and extent of any contractual agreements
made with third parties, nature and extent of any credit extended by third parties to
the association or to others for the benefit of the Association, and any other status
information reasonably required by the Event Coordinator.
(d) Background Investigations. The Board of Directors of the Association or any
Managers hired by the Association for purposes of planning or conducting the
Celebration must consent to and allow the City to conduct basic criminal
background investigations.
(e) Primary Contact. A current phone number for the Primary Contact must be
provided to the City and also placed on the main page of the Event's Website and
public inquires invited.
3. Stillwater Lumberjack Days Crowd Management.
(a) Police and Firefighters. The Association will contribute to the cost of providing
uniformed, licensed peace officers and fire firefighters that are specifically
scheduled for the events associated with the Celebration. The contribution level
for Police and Fire Fighters is established by the City Administrator. The amount
must be paid on or before June lst of each year.
(b) Security Officers. The Association will provide, at no cost to the City, privately
paid professional uniformed security officers equipped with radios. All security
officers will be suitably identifiable. The number and deployment of the Security
force must be approved in writing by the Stillwater Police Chief.
(c) Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must
remain open to the public and unobstructed during the Event unless approved by
City Staff.
(d) Repairs. The Association must restore and repair any areas of a Park or Parking
Lot that are damaged by vehicles or people associated with the Celebration. City
Staff will do a walk-through of venue with The Locals and identify and document
any damage before event. Both parties will sign off and reevaluate after the event.
(e) Remote Parking. The Association will work with City Staff to explore the
feasibility of a remote parking and shuttle plan for the Celebration.
(f) Ticket Sales. In order to defray costs associated with the Celebration, the
Association is authorized to establish and implement a park access fee or access
ticket charge for Friday and Saturday evenings of the events. Further, no charge
will be made or ticket required for access to the area south of the Bridge, to
members of the Association work force,public safety personnel, or to other persons
2
not considered members of the general public, nor will any charge be made for the
daytime shows or events.
4. Race and Parade Mana_eg ment. Prior to June 1st, the organizers must submit and
have approved a Management Plan for any races or parades proposed to be held during the
Celebration. The Plan must describe the start and finish lines and the proposed route. A plan for
parking control, a plan for traffic control, barricade placement and street closure, a plan for water
stop and first aid stations, an emergency plan, a plan for the provision of portable toilets,barricade
placement, trash collection, and pickup, a schedule for any required provision of City services
including Police, Fire, Public Works and electricity and water/services.
5. Stillwater Lumberjack Days Liquor Control.
(a) The Association. (LOCALS) has been granted conceptual authority to dispense
intoxicating Liquor at the Stillwater Lumberjack Days Celebration. This approval
is subject to the Association applying for and being granted a Temporary Liquor
License and Consumption Permit as allowed by the Stillwater City Code and State
Law. All Licenses must be approved and proof of Liquor Liability Insurance
Coverage must be submitted to the City Clerk by June 1st. This Agreement will
set forth the terms and conditions that will control the dispensing of Liquor at the
Celebration.
(b) The Area. The area where dispensing will be permitted is the area by the
Association described on the overall site map as submitted and approved by the
City (the Area). The Association is also allowed use of Lowell Park south of the
Lift Bridge and north of Nelson Street, however, no alcohol may be dispensed in
the area south of the Bridge.
(c) Fencing. The Area must be securely fenced. The fencing must be adequate to
insure that alcohol sales and consumption remain inside the fence. For the purposes
of a Beer Garden, double bicycle fencing is approved. A breach of the fence is
grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy
of exiting in the fence must comply with the Minnesota Fire Code as administered
by the City Fire Chief.
(d) Exits. For the purpose of this plan, all Entry/Exit gates to the park must be
controlled by security personnel while alcohol is being served. At each of these
entry/exit points, a paid professional security guard must be in place to insure that
no beer or Liquor enter or leave the park area.
(e) Signage. Signage will be prominently displayed at each entry/exit point to notify
guests that no Liquor/beer will be allowed in or out of the area.
(f) Bracelets. Private paid security officers will roam the Area checking to ensure that
each beer drinker is wearing a Stillwater Lumberjack Days 2017 beer drinking
bracelet. Signs will be displayed throughout the area notifying guests that they
must be wearing a beer drinking bracelet to be drinking a beer.
3
(g) Identification Bracelets. The Association will provide at no charge liquor
identification bracelets at location(s) as required by Public Safety Staff. The
Association will permit no one to consume Liquor unless they are wearing an
identification bracelet. The Association will be responsible for the issuance of
bracelets and that the bracelets are given only to those who are legally entitled to
consume Liquor. The Association will direct its private security forces to give extra
attention to enforcing the bracelet requirements and to crack down on abuses.
(h) No Other Alcohol or Coolers. No Liquor is allowed in the Area except that Liquor
which is sold by the Association. The Association is responsible to see that no
other Liquor is brought into the Area. Bottles, containers or coolers brought into
the Area, are subject to search.
(i) Compliance Program. Prior to June 1st the Association must develop a complete
management policy or program regarding all aspects of alcohol compliance,
including the problem of the under—aged consumer, sales after hours, sales off the
premises in open containers, over—serving and the recognition of false
identification. The City Police Chief must approve the policy before
implementation. The Association must train all alcohol servers with regard to the
policy, including instruction by a professional recognized in the area of alcohol
awareness before the opening date of the Celebration.
0) Compliance Inspection. The Association acknowledges that as a liquor license
holder for the Celebration, it is subject to Stillwater City Code §43-8, which
authorizes that all premises from which intoxicating Liquor is offered at on—sale,
are subject to inspection for alcohol compliance by any police officer, health
officer, or other designated officer or employee of the City during all hours the Area
is open for the serving of alcohol.
6. Lumberjack Days Helicopter Ride Event. The Association will manage Helicopter
Rides in Bridgeview Park within the following provisions:
(a) A site plan shall be submitted indicated all operational areas,location of barricades,
fencing, facilities, etc.
(b) The Landing Area will be located south of the Bergstein Historic Buildings adjacent
to the lower Loop Trail in the cleared field area of the Park.
(c) The Landing area shall be 65'x 200' in size and secured.
(d) The Loop Trail shall be shut down with barricades during take-off and landing
intervals.
(e) There shall be an adequate number of trained ground crew on site to secure the area.
(f) Hours of operation shall be Saturday, July 22, 2017 & Sunday, July 23, 2017 from
11:00 a.m. to 6:30 p.m.
4
(g) The helicopter flight path shall not hover at the bluff line of the St. Croix River in
order to minimize noise in those residential neighborhoods. The Helicopter
Company shall provide their flight plan to the City of Stillwater.
(h) Size of the helicopter shall be no larger than a Robinson R44 four-seat light utility
helicopter.
(i) Helicopter Insurance. The Helicopter Company must provide to the City
satisfactory proof that it has obtained liability insurance that names the Association
and the City as an additional insured, as loss payees, in an amount of at least
$1,500,000 combined single limit, for loss sustained by either acts or occurrences
that arise from or grow out of helicopter operations, evidenced at a minimum, the
coverage described with regard to Stillwater Lumberjack Days.
7. Insurance. The Association must provide to the City satisfactory proof that it has
obtained liability insurance that names the Association and the City as an additional insured, as
loss payees,in an amount of at least$1,500,000 combined single limit, for loss sustained by either
acts or occurrences that arise from or grow out of both Celebrations, and Liquor Liability coverage
as described in Minn. Stat. §340A.409, evidenced at a minimum, the coverage described in Minn.
Stat. §340A.409, subd. 1 with regard to Stillwater Lumberjack Days.
8. Assurances. Prior to June 1st the Association must provide assurances to the City:
(1) that the Association will complete the contract according to its terms, and pay to the City all
costs and charges that may accrue on account of completing the Celebration, and provide a deposit
in the amount$15,545.00 (2016 actual Public Safety costs),plus 10%for a total of$17,100.00 and
(2)if The Locals do not meet their contractual and other obligations to private parties and
public agencies,the City will consider that grounds for cancellation of this Agreement for
2017. The City shall compile final costs and charges for 2017 Lumberjack Days event by August
15, 2017 and reconcile all costs relative to the Association deposit. Based on the final
reconciliation, the City of Stillwater or the Association will promptly issue a final payment as
necessary.
9. Sales Tax. The Association must obtain a State Tax Payer Identification Number
and collect any sales or use taxes that are due according to law.
10. Noise Control. The Association is responsible to control the noise emanating from
the Area at a level that will not interfere with the peace and repose of the residential area on the
bluffs on the north, west and south edges of the downtown.
11. Hours of Operation. Liquor sales will cease 15 minutes before the last band finishes
playing, but in no event after the times set forth as follows: Friday, 11:15 p.m.; Saturday, 11:15
p.m.; and Sunday, 9:45 p.m.
12. Public Information. As soon as practicable after furnishing the main schedule, the
Association will publish and widely distribute a schedule of events. After the Celebration closes,
5
the Association will prepare a press release describing the charities that benefit from the
Celebration.
13. Police Power. With regard to Celebration the City reserves the right to order a shut
down of the Area in the event the Chief of Police determines,in his sole discretion, that the public
safety is threatened or any condition of this Agreement is violated. In that event, the Association
will cease dispensing Liquor and must assist the police in the clearing of the Area. The park will
be closed at midnight.
14. Exclusive Use of Parks. In return for the exclusive use of the City Parks as
identified on the approved overall site plan and/or Event Maps, the Association hereby agrees to
the following:
(a) Damage Deposit. The Association will pay a damage deposit of$750 and a user's
fee of$500 to be paid at the signing of this Agreement for each of the Parks. The
damage deposit of$750 will be refunded no later than 30 days after event,in whole
or in part, if not needed to repair damage, as determined by the City of Stillwater
Public Works Director.
(b) Dumpsters. The Association must furnish dumpsters or roll—off boxes according
to a plan approved by Public Works Staff in sufficient quantity to contain the
accumulation of trash generated by the Celebration and must ensure that all trash
or garbage is collected and hauled away daily in the Event areas. Dumpsters and
trash receptacles in the Event Areas must be picked up and empty each day during
the Celebration. The Event Coordinator may amend the plan and require additional
dumpsters or trash receptacles if the need arises.
(c) Traffic Control. To ensure traffic and pedestrian control the Association must place
standard reflective barricades according to a plan approved by the Public Works
Director, Police Chief or their designees. Barricades may be supplied by the
Association, or by the City. Charges for the City supply of barricades are set forth
in the current City Fee Schedule. The City may place additional traffic control
barricades to protect public safety at City expense based upon a plan developed by
the Public Works Director and Police Chief or their designees. The plan for
placement of additional public safety traffic control barricades shall be shared with
the Association by July 1, 2017.
(d) Electricity and City Water. Existing electrical boxes will be opened by the City
and access allowed according to the current City Fee Schedule. If access to water
main or hydrants is required,the Association must make arrangements with the City
Water Department and must pay related Water Department fees.
(e) Restrooms. The Association must furnish portable restrooms to facilitate expected
crowds in a number approved by Public Works. Additional portable restrooms
must be provided by the Association if deemed necessary to protect public health
as determined by the Event Coordinator. City Public Restrooms on the Pedestrian
Walkway and the South end of Lowell Park will remain open during the Celebration
6
and the City will supply and equip both restrooms, however, the Association will
be responsible for maintaining, cleaning, staffing and security and supervision for
both restrooms. If the Association elects not to provide these services it must notify
the City at least two weeks prior to the event, and in that event, the Association will
bear the City costs associated with this work.
(f) Irrigation System in Park Property. Lowell Park is maintained by a buried
irrigation system. This system is easily damaged by stakes or posts that are driven
into the ground or by equipment and vehicles running over irrigation heads. For
that reason, stakes or posts longer than 12 inches and more than a quarter inch in
diameter may not be used in the Park.
(g) Grey Water. The Association agrees to ensure that all vendors' waste water be
discharged into a holding tank approved by Washington County Health
Department. Vendors without an approved holding tank must discharge into grey
water barrels provided by the Association. Disposal costs are the responsibility of
the Association. Grey water barrels or holding tanks shall not be disposed into the
City's sanitary or storm sewers, for any reason.
(h) Use of City Parking Lots. The City prefers the Association to stage the event in
Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is
not recovering from flood waters, then it should be the primary event venue. Use
of public parking lots will be approved only as an alternate or if sufficient space
does not exist in the Park to accommodate all event activities. If in the opinion of
the City, public parking lots will be needed, then the preferred lots for use would
be Lots 4, 5, 9, 10 and 11. In this event, the City approves, at no cost to the
Association,Lots 4, 5, 9, 10, and 11. These lots will be available to the Association
exclusively from Thursday AM until Monday AM of the Event weekend. Lot 11
will be shared with Public Safety as a staging area.
(i) Umbrella Events. By June lst the Association must submit to the City a complete
list of all "umbrella events." "Umbrella events" are events taking place during the
time frame of the Lumberjack Days Festival, and are included in Lumberjack Days
Festival promotional materials, but are not directly produced by the Association.
15. Rules for Vendors.
(a) Food Vendors. All food vendors must be inspected and approved by Washington
County Department of Health and the Stillwater Fire Department and the State
Electrical Inspector prior to beginning operation. The Association must provide a
complete list of all vendors to each of these agencies at least two weeks prior to the
event.
(b) No Camping. No camping in tents, trailers or campers is allowed in the Downtown
during the events.
16. Damage to Parks,Paved Trails and Parking Lots. All damage to parks,paved trails,
or parking lots must be repaired at the expense of the Association whether caused by the
7
Association or its vendors. The City will deduct the cost of repair from Association Deposit,
however, the Association will remain responsible for costs and repairs that exceed the Deposit.
17. Music. Musical entertainment must be selected with the approval of Public Safety.
Public Safety must also review and approve the Media Advertising Campaign before the campaign
is implemented. By May 2017 the Association must provide to the City a complete list of all
musical acts along with an estimate crowd size for each. Live musical entertainment must cease
no later on each day than set forth as follows: Friday, 11:30 p.m.; Saturday 11:30 p.m.; and
Sunday, 10:00 p.m.
18. Downtown Clean-Up. On the day following the close of the Celebration, weather
permitting, the Association will clean Lowell Park and other areas that have been impacted by the
Celebration. The Association is responsible for all costs, incurred for the clean-up of areas
neglected by the Association. The city will run Street Sweepers after the event at no cost to the
Association.
19. Hold Harmless and Indemnify. The Association agrees to hold the City harmless
and to indemnify and defend the City with regard to any claims causes of action or demands that
might be brought against the City arising out of the activities in the Area including the dispensing
of Liquor pursuant to this Agreement.
20. Term of Agreement. This Agreement will remain in effect for a period of one (1)
year from the date of its execution. Further, in the event that a determination is made by the City
Council, based upon the advice of the Police Chief that the Celebration is a threat to the health,
safety or welfare of the community, the City Council reserves the right to cancel any remaining
term and terminate this Agreement.
21. All addendums to previous agreements are hereby incorporated this agreement.
IN WITNESS WHEREOF, the parties have set their hands this day of
, 2017
LOCALS
By
Its
8
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of
, 2017, by , the
the duly authorized agent for Locals, a Minnesota non—profit corporation.
Notary Public
CITY OF STILLWATER
Ted Kozlowski, Its Mayor
ATTEST:
Diane F. Ward, Its City Clerk
STATE OF MINNESOTA )
ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of
2017 by Ted Kozlowski, Mayor and Diane F. Ward, Clerk, for the City of
Stillwater.
Notary Public
9
RESOLUTION 2017-141
DIRECTING THE PAYMENT OF BILLS
-----BE,-IT-RESOLVED,- y °tyn cil-of-the Cit, csf ill -Minnesata,----
that the bills set forth and itemized on Exhibit "A" totaling $348,743.98 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 18th day of July, 2017.
Ted Kozlowski, Mayor
ATTEST:
J. Thomas McCarty, Acting City Clerk
EXHIBIT"A" TO RESOLUTION#2017-141 Page I
LIST OF BILLS
Abrahamson Nurseries Plants 260.00
Accela Inc Monthly UB web payments 438.85
Ace Hardware Supplies 400.53
Advance Auto Parts Equipment repair supplies 32.44
Amdahl Locksmith Inc Chris Restroom electronic locks- Lily Lake 2,695.00
B J Haines Tree Service Tree removal 9,350.00
Barber Paul Neil Pre fireworks live music show 3,500.00
Batteries Plus Bulbs Battery 59.95
Braun Intertec Corporation Police Project 1,229.25
Bridgewater Bank Curve Crest Villas 15,989.45
Buberl Black Dirt Inc. Black dirt 378.00
Century College Training 537.00
Century Link Telephones 174.38
Century Power Equipment Pump 305.99
CivicPlus CivicHR 5,780.00
Clifton LarsonAllen LLP Audit 9,500.00
Comcast Internet&TV 163.49
Dakota County Technical College Training 750.00
ECM Publishers Publications 150.08
Ecolab Pest Spider insecticide 175.00
Enterprise FM Trust Lease vehicles 3,807.45
Fastenal Company Equipment repair 317.52
Forestry Suppliers Inc. Paint 215.99
Fraley Thomas Supplies 279.99
Fury Stillwater Equipment repair 17.46
G & K Services Mats& Uniforms 912.59
Goodyear Commercial Tire Tires 908.21
Gopher State One Call Inc. Locates 453.60
Gribble John Buoys for the 4th 420.00
Hansen Steve Reimburse for ammo room shelving 41.64
Holiday Companies Vehicle washes 400.00
Lake Elmo Bank Curve Crest Villas 15,989.45
Lentz Corene UB overpmt refund 396.45
Loffler Companies Computer Equipment 795.00
Long Lake Villas Ltd Partnership Long Lake Villas 34,455.54
M.J. Raleigh Truck Co. Rive rock 774.75
Madden Galanter Hansen LLP Labor Relations Services 3,956.02
Magnuson David Professional services 14,014.33
Mansfield Oil Company Fuel 7,030.38
Marshall Electric Company River Plaza ballards 300.00
Menards Supplies 190.62
Moody's Investors Service Issuance fees 11,500.00
MP Nexlevel LLC Locates 305.00
North American Safety Reflective cones 633.28
Northern Technologies Riverview dr sewer borings 3,500.00
EXHIBIT "A"TORESOLUTION#2017-141 Page
Office Depot Paper 62.60
[)nSiteSanitatiun Portable restroom rental 1,071.34
O'Reilly Auto Parts Equipment repair supplies 189.23
Overhead Door Co Equipment repair charges 987.00
Pfister Richard H Long Lake Villas 12,341.15
Pro-Tec Design Key cards 519.50
St. Croix Home Builders Grading Escrow Refund 1l63ParkvvoodLn 5,000.00
Stepp Manufacturing CVInc Crack fill mne|ter 40,137.00
Stillwater Motor Company Vehicle service 381.19
SW/WC Service Cooperatives APCOBRA& Retiree Health Insurance 86,234.07
T.A. Schifskyand Sons Aggregate 468.52
Titan Machinery Shakopee Equipment repair supplies 11460
Toll Gas and Welding Supply Cylinders 42.72
Total Excavating Black dirt 8,160.00
U3Bank Corporate Trust Svcs Paying agent fees 800.08
VnyantCommunications Phone 508.35
VVu|fingDavid Reimburse for K9boarding 60.00
Xme| Energy Energy 22,986.50
REC CENTER
Ace Hardware Supplies 1,341.70
Becker Arena Products Equipment repair 2,317.79
Corva| Cnnotructom Equipment repair 756.00
G /& KServices Mato 206.00
|SO#834Stillwater Area Schools AdinCommunity EdCatalog 700.00
Minnesota Air Hail guard 730.00
Signature Systems Group LLC Equipment repair supplies 182.37
LIBRARY
Baker and Taylor Materials 1,333.87
BrechonMelissa]. Staff Reimbursement 101.65
BrodartCo Materials 3,815.51
Country Messenger Periodical Subscription 26.08
GO' KServices Towels & Rugs 83.14
|ntereum Teen Room Furniture 2,435.34
McHugh Paula Staff Reimbursement 33.54
Midwest Tape Materials 1,756.90
National Trust For Historic PreServadcPeriodica| Subscription 15.00
Recorded Books Inc Materials 385.18
TOTAL 340686.54
EXHIBIT"A" TO RESOLUTION #2017-141 Page
Adopted by the City Council this
18th Day of July, 2017
9
NA-01966-06 4-8-2013
Minnesota Department of Natural Resources
Division of Forestry and the Stillwater Fire Department
Cooperative Fire Protection Agreement
Agreement Number: (YY RAN FDID4)
THIS COOPERATIVE FIRE PROTECTION AGREEMENT, is made and entered into by and between the
State of Minnesota acting by and through the Commissioner of the Department of Natural Resources,
hereinafter referred to as the "DNR" and the Stillwater Fire Department, hereinafter referred to as the "Fire
Department," as authorized by M.S. 88.04 subd. 4; 88.11 subd. l; and 89.01 subd. 4
I. PURPOSE
The purpose of this Cooperative Fire Protection Agreement is to cooperate in the prevention and suppression of
wildland fires as authorized under M.S. 88.04. Assistance will only be provided when requested, when
resources are available, and can be committed without diminishing either party's ability to protect its own
jurisdiction.
IL STATEMENT OF MUTUAL BENEFITS AND INTERESTS
The DNR, Division of Forestry, is responsible for the prevention and suppression of wildland fire within the
state. The Fire Department is responsible to prevent and extinguish all unwanted fires within its fire protection
area.
It is mutually advantageous and in the public's interest for the parties to this instrument to coordinate and assist
in each other's efforts in prevention, detection, and suppression of wildland fires and to cooperate in fire hazard
reduction in and adjacent to areas of mutual responsibility.
III. THE FIRE DEPARTMENT SHALL:
1. Provide fully staffed and equipped fire fighting resources, when available for wildland fire suppression,
as listed on the attached rate schedule.
2. Indemnify, save and hold the State, its representatives and employees, harmless from any and all claims
or causes of action, including all attorneys' fees incurred by the State, arising from the performance of
this Agreement by the Fire Department or Fire Department's employees, agents or subcontractors. This
clause shall not be construed to bar any legal remedies the Fire Department may have for the State's
failure to fulfill its obligations pursuant to this Agreement.
3. Assume full responsibility, including legally required insurance and Workers' Compensation for all Fire
Department personnel provided under this agreement.
4. Respond to all calls for wildland fires within the Fire Department's fire protection area when requested
by the DNR.
5. Respond to additional wildland fire calls outside the Fire Department's fire protection area at the request
of the DNR and at the discretion of the Fire Chief.
6. Submit a report to the DNR within 24 hours of any wildland fire on which the Fire Department takes
independent action. Reporting can be in the form a DNR Fire Report Card, fax, e-mail, fire report form,
DNR wildland fire invoice form, or other written communication that provides the same information as
the Fire Report Card.
Fire Department Cooperative Agreement
9
NA-01966-06 4-8-2013
7. Submit an invoice to the DNR within 30 days of an incident for which the fire department is
requesting reimbursement. Invoices beyond 30 days may not be honored if the fire was not
reported timely to the DNR.
8. Stay with all wildland fires until out, or released by a DNR incident commander, or until called to
another incident within the Fire Department's protection area, provided the wildland fire is considered
safely contained.
9. Be committed to protection of lives and buildings as its first consideration.
10. Through the Fire Department officers, determine its capabilities and assume final decision authority on
commitment of its vehicles and personnel into any area of operation that is requested by DNR personnel.
11. Furnish all tools, equipment, supplies, fuels, and lubricants, except for those items furnished by the
DNR, as stated in this Agreement.
12. Assist the DNR with distribution of fire prevention materials and wildland fire prevention presentations.
13. Bill the DNR for wildland fire runs at the agreed upon rate per run. When additional resources are
requested by DNR Forestry, beyond the first 2 hours (the "run') hourly rates for specific requested
equipment, as described in the attached Rate Schedule, will apply. Invoices must be submitted within
thirty(30) days of the fire(s).
IV. THE DNR SHALL:
1. Respond with specialized equipment for wildfire response, when possible, at the request of the Fire
Chief or designate. This equipment includes, but is not limited to dozers, all terrain tracked vehicles,
engines and aircraft.
2. Investigate violations of the burning laws of the State. (M.S. 88.01 to 88.22 and 88.75) This includes
billing the responsible party for all wildland fire suppression costs of the DNR, and the Fire Department
if the DNR pays the Fire Department for responding to the fire.
3. Assist the Fire Department in obtaining Federal Excess Property, specialized equipment, or grants for
improving their firefighting capabilities.
4. Assist the Fire Department with procuring and distributing fire prevention materials.
5. Provide wildland fire suppression training to the Fire Department as workload permits.
6. Reimburse the Fire Department for wildland fire runs, according to the terms of this agreement.
7. Make reasonable effort to release the Fire Department as soon as possible to ensure that the Fire
Department is available for other emergency response calls.
(Delete options that are not used.)
8. (Optional) Replace or reimburse the Fire Department for the cost of Class A firefighting foam used on
wildland fires, with final approval of the DNR Forester.
9. (Optional) Loan wildland firefighting tools, as available, to the Fire Department.
V. REIMBURSEMENT POLICIES:
1. Lower rates may be negotiated for extended use at the Fire Department's discretion.
2. When the Fire Department is dispatched through its normal dispatch procedures, and not specifically
requested by the DNR, the Fire Department shall only bill for a Wildland fire run. (A Wildland Fire Run
is described as the fire department's response to a wildland fire that takes up to two (2) hours to
suppress.)
3. For hourly billing of equipment requested by DNR Forestry, after the wildland fire run first 2 hours),
time will be rounded to the nearest half hour. Billable time should begin when the Fire Department
Fire Department Cooperative Agreement
9
NA-01966-06 4-8-2013
leaves its station and continue until it returns to its station. Time spent refurbishing and readying
equipment for the next call shall not be included as billable time.
4. The fire chief and local DNR forester may discuss charges that are in question prior to submitting a final
invoice for payment.
5. If the Fire Department is released by the DNR before the Fire Department has taken any suppression
action on the fire, the Fire Department shall not submit a bill for the run.
6. Attached rates shall be reviewed annually and may be changed with signature of the parties to this
Agreement, or their successors in position.
This Agreement is effective on the date of the last signature and is to continue in force for five (5) years or until
terminated by either party giving thirty (30) days written notice to the other. Both parties should review this
Agreement annually.
Fire Department:
/s/ Date:
Title:
State of Minnesota
Department of Natural Resources:
/s/ Date:
Area Forester
Fire Department Cooperative Agreement
9
NA-01966-06 4-8-2013
Fire Department Cooperative Agreement Rate Schedule
ITEM DESCRIPTION NUMBER WORK RATE *STANDBY RATE
OF
PERSONNEL a. rate b.per unit a.rate* b. unit
(include NWCG type,make,model,year,serial number and special W/ (includes (hour,etc.) (hour,etc.)
features,such as 4X4,CAF or foam proportioners) EQUIPMENT personnel)
a. 5 $275.00 $275.00 $137.50 $137.50
Type 1 Engine,Freightliner,2011,Class A Foam
b. 2 $125.00 $125.00 $62.50 $62.50
Wildland Engine,Ford F350,2004,Class A Foam
C. 2 $230.00 $230.00 $115.00 $115.00
Type 1 Tender,Kenworth,2016,Class A Foam
d. 2 $200.00 $200.00 $100.00 $100.00
Fireboat,26'Boston Whaler,500gpm
e. 2 $150.00 $150.00 $75.00 $75.00
16'Boat,Support, 125gpm Float Pump available
f.
i Per hour Same as Per hour
Each $15.00 per work rate per
Additional Requested firefighters firefighter $15.00 firefighter
*Standby rates shall be equal to �/2 of the work rate, and shall apply only if equipment and personnel are ordered
by the DNR to be staged and available for immediate action.
Special Rates:
a. Run charge of$350.00 per Run, for up to 2 hour response. After two hours, equipment
or personnel requested by the DNR will be charged at the rates in the above Rate
Schedule.
The above rates have been agreed upon by:
Stillwater Fire Department DNR Area
/s/ Date:
Area Forester
/s/ Date:
Fire Chief
/s/ Date:
Regional Forest Manager (if required)
Fire Department Cooperative Agreement
9
NA-01966-06 4-8-2013
4,1013
S-ull,mted Equipment Standards and How-tv bates'far'Fire ftartuttuts
'That have an agreement Ynth the DiNisloat of Far tri-MNMNR
After tine first two hourrate has expired,needLed equipment will be placed on an hourly rate.
Equipment standard and rates include enound;fuel will be Wished by the Fire Deparbinent.
p I
n, e rnte 110 be redfIfIced 01,19%f r.Engtnes ar�id ff,"titer Tendvvs older tharp 2,S)wars.
2mes
Strudwe
EPORMS =d,Ea&es,
1 2— 31 4 5 7
P=v Rafing
Aft-Rw,(G?M low 150 so 50 10
At ro"premwe(PS3) 150 Bo 150 100 100 100 IN
'T-k Capadfy(GAw* 3w 30 511 TM 4M 150 so-
Hwe 3200 low
Hwe I%?"gw) 51 1 50, low 3M 30 30
HOW 117,ffiten I w 3M 3M 30 'M
Persolad, 4 31 31 !2 !2 Id2
Egakasent Rate Mkmr $275 $2001 $1851 $16+—$140 Sus $ 5
*Engmu aqurAwd m4&Compmzzad,47rFoam S.Kfow will bapindan addiftowd$20 an hour 4fCLFS is
used on,rhw Mr klen f�
Water Tenders
'4 ater Tender.
Regmarements SIMMODrt Todkid
COMPONENTS S1 S2 Sa TI 7"2
T250 10002000 1000
hump Mhumum Flow CGPAO- 200 250 MO
Q Rzted Premiere(MI) so so SO1501511
M2X ReM 13MeS,@JML) 30 1t1 15- -
P=V&RAM - - - YM es
Persezad I 1 1 2 �2
$190
Eqa*wegtRzte6D AIsnr .200 $11 $1401 wo �1901
*Poitab.le Pump Accepfa,13]e with tanden
*Water tenders,r43me w3.ffi fold ng tains
Additional Firefleliters use,a,rate of$15.00,Ir
Fire Department Cooperative Agreement
9
NA-01966-06 4-8-2013
Nfininnun&TgLegments fbr Personnel Responding to,Incidents on National Forest System Lan&s.
AU firefighting persormel are requred to,wear and utihze the following,Personal Protective
Equipment:Nomex shirt and pants,hard hat,leather gloves,9 inch boots with a higged sale and
an approved fore shelter. All personnel will be reqtfired to meet N%ICG tramimigrequrementsfbT
a wildland firefighter,and attend an mmal wildland refresher. Fire Chiefs win easy re
Departments met training requirements and am responsible for the tTkeep of Departnient
pers,onnel training records. Physical fitness levels are established by each agency. Ekpartments
will meet their own physical fitness Aandards.
When responding to Federal Lands Engines and Water tenders,will need to meet the
N"%VCG compoment standards,and are,recommended to meet NWC.G stocking standards
(appendix M. Appendix M is located at
Xndi� df.
.........................................................................................................PP..............................:.P...........
Other Resources
Nan-Vehicle Items used for support missions will,be based on as daily rate
MIL Of
[ IDE LMESC RWHADN
Rate
based an Usv ratechzrts from
2 size Emp—Mking
UTVWAMIkQKfi[V4 based am tanksize
I $L%/hr+ 3140 gal=$L%hr
51-7 $160 ILF
B9Mt('=vA'hwm,pmwp2nd wR based ansize
vqsii�andi'maed fit ter&d' 2 negodated and P—Pinz�
capsbAties
based cmsize
I $751,day+
16-17–$1500day
ftriableTump#*It vubme or 0
"based-ansize
0 $751day+ IM-2ffl)O:=:S75(day
2OG@+=$IG1HiAay
TUTIMMUMM I UMday
Rates for non-vehicle eqdpment(stichas boats,ATVs and folding tanks,etc.)wiU be based on
as daily rate. Boats capable of tacdcal missions,qnimp and roll capabilities)am an exception and
will be based on an hourly rate.
Tracked vehicle-should use as rate for capacities based on Engine type.
Fire Department Cooperative Agreement
RESOLUTION 2017-142
APPROVAL OF COOPERATIVE FIRE PROTECTION AGREEMENT WITH
MINNESOTA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY
AND THE STILLWATER FIRE DEPARTMENT
BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the
Cooperative Fire Protection Agreement with Minnesota Department of Natural Resources
Division of Forestry and the Stillwater Fire Department, is hereby approved and authorizes
the Mayor and Acting City Clerk to sign the Agreement.
Adopted by the City Council of the City of Stillwater this 18th day of July, 2017.
Ted Kozlowski, Mayor
ATTEST:
J. Thomas McCarty,Acting City Clerk
-t" I 1wa ter
r
Y iV E,. E9 I W T H A I.,...E- 0 i- M I N N f- S 0 A
PLANNING COMMISSION
MEETING DATE: July 18, 2017 CASE NO.: 2017-28
APPLICANT: Roger & Patricia Hoyt, property owners
REQUEST: Vacation of a drainage and utility easement, as part of a Lot Line
Adjustment for the properties located at 1351 Dallager Court and 1033
Sycamore Street West
ZONING: RA -One Family Residential
COMP PLAN DISTRICT: LDR: Low Density Residential
PREPARED BY: Erik Olson-Williams, Zoning Administrator/Assistant Planner
BACKGROUND
Roger &Patricia Hoyt are requesting that a drainage and utility easement on the east property
line of their property at 1351 Dallager Court be vacated to allow for the adjustment of the
property line 25 feet to the east.As part of the lot line adjustment, a new easement of the same
size would be created along the new lot line.
ANALYSIS
The current and proposed easements both extend five feet on either side of the existing lot line.
Shawn Sanders,Director of Public Works,indicated that he had no objection to the proposed
easement vacation and creation.
FINDINGS AND RECOMMENDATION
Staff recommends approval of the request.
ATTACHMENTS
Resolution
Survey showing proposed lot line adjustment
RESOLUTION 2017-144
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE VACATION OF AN EXISTING
DRAINAGE AND UTILITY EASEMENT AND THE CREATION OF A NEW
DRAINAGE AND UTILITY EASEMENT AT 1351 DALLAGER COURT
CASE NO. 2017-28
WHEREAS, lot line adjustments are allowed by Section 32-1 of the City
Code; and
WHEREAS, a lot line adjustment has been proposed by the owners of the
property at 1351 Dallager Court and 1033 Sycamore Street West; and
WHEREAS, the property owners of 1351 Dallager Court request the
vacation of a drainage and utility easement at the current property line's location
and the creation of a new easement of the same size at the location of the new
property line; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Stillwater, Minnesota:
1. approves the vacation of the existing drainage and utility easement; and
2. approves the creation of a new easement 25 feet to the east of the existing
location, as shown in Exhibit A.
Enacted by the City Council of the City of Stillwater, Minnesota this 18th day of July,
2017.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
J. Thomas McCarty, ActingCity Clerk
PROPOSED LOT LINE ADJUSTMENT
S u E-V±-a e or, CERTIFICATE OF SURVEY
S u rv'-!'4' P'_e ar'��
Roger and Patricia Hoyt Stack Land Surveying
1351 Dallager Court 9090 North Fairy Falls Road
S t , I L __ , 11�
tillwater, MN 55082 Stillwater, MN 55082
tel.: (651.) 439-5630
st I
ff t De
E x i Fs�Li�nff�_ Parcel
Lots Three (3) and Four (4) , Block One ( 1) , Dallager Estates, according to the plat thereof
on file and of record in the office of the County Recorder, Washington County, Minnesota.
r
K21)o s e d Ex i s t J..n g dinagg and Utility Easement Vaca.tiOri Desdri.ption:
All thaL_ part of the platted Drainage and Utility Easement along the Lot Line between Lots
3 and 4 , Block One, Dallager Estates, Washing-ton County, Minnesota, lying southerly of the
North 6 . 00 feet of said Lots 3 and 4 and .1ying northerly of a 'Line 'drawn parallel with and
6 . 00 feet northwesterly, perpendicular measure, from the southeasterly lines of said Lots
3 and 4 .
Proposed New Drairia2eand Utility Easement Desdr -ion:
A Public Drainage and UtJ lity Easement, over, under and across. the East 1.2 . 00 feet of the
West 31 . 00 feet of Lot. 4 , Block One, Dallager Estates , Washington County, Minnesota.
Proposed Parcel 1 Descry ,,tion:
All of Lot 3: and the West 25 . 00 feet of Lot 4 , Block One, Dallager Estates, Washington
County, Minnesota, subject to a Public Drainage and Uti-lity Easement, over, under and across
the East 6 . 00 feet of said West 25 . 00 :f..eet of Lot 4 .
ProT.7osed_. Parcel 2 R
All that part of Lot 4 , Block One , Dal-lager Estates, Washington County, Minnesota, lying
easterly of the West 25. 00 feet thereof . Subject to a, Public Drainage and, Utility Easement,
over, under and. across the East 6 .00 feet of the West 31. 00 feet of said Lot 4 .
NO'.PES : Orientation of this bearing- system is per the record p,lat of Dallager Estates .
o Indicates iron monument set marl,,..ed "STACK LS 13774
e Indicates #9232 nionurn.ent found in place, unless rioted. otherwise .
"DUE" -indicates platted Drainage and Utility Easements per the record plat.
Offsets sh(DWrl -to structures are meas . to -L-,he b1, ild.ing wall line .
Util-ity services were not located in conjunction with this survey.
Parcel.. 2 may be subject to a coriditional structure encroachment easement that may
have exf,.-)ired,. Review this matter with an attorney for an opiri-ion ort what steps, J.f
any I
.., that may be required to address this niatter . Shed ruins shown are approx.
See Doc. No. 6001.50 , Wash. Co. Records for esmt . details. yz
111141 491e,
zo�- -41��
ee�e� __ — — - – - 24,!F_'7,9 – — __ ___ 1 ;, -�� L"
zor3 k
14a, 9-5
1-7
744,OZ a/
47,1�r'IVO ea--- IX)
V-
7r Z 0 7- In
279' .,� 4, ig76,Z,3 5f-
I C1 7'
J4 a
.10
r
� N
r 7,
5aeT, 7,
.111445r z
N
Q4
1'71,1
k
Rogs
Exist . Lot 3 Impervious:
House and nsok' =' 2.54-5 T�-*. Ft,
14 2or 17 . 82% of Lot Area.
0
Xt Drive, Walks & Block wall.
areas 010 Sq. F . or
k 4 ar = 1t
07% of Lot Area.
7 . A/de 7-1-1
/-,17- 4-'
I hereby certify that this survey, plan, or report was
44, prepared by me or under my direct supervision and that
R19 a r,,v 4 A- I am a duly Registered Land Surveyor under the laws of
the State of Minnesota.
SA�. .I15-- 2017
_ 4.........
5-15-2 0 17. 13774
1/,e 7- Date...... ......
3
AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 Fourth Street North
July 18, 2017
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES
Possible approval of the June 21 and 22, 2017 Special Meeting
(July 11, 2017 regular and recessed meeting minutes will be available for approval at the
August 2, 2017 meeting.)
V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Resolution 2017‐139, Presentation of Human Rights Award – Anne McManus (Resolution ‐
Roll Call) Presentation of Human Rights Award
2. Resolution 2017‐140, Presentation of Human Rights Award – Ben Welshons, Sr. (Resolution ‐
Roll Call) (available Tuesday)
3. Lumberjack Days Request – Erin McQuay (available Tuesday)
VI. 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.
VII. STAFF REPORTS
4. Police Chief
5. Fire Chief
6. City Clerk
7. Community Development Dir.
8. Public Works Dir. – Easement on Broadway
9. Finance Director
10. City Attorney
11. City Administrator
VIII. 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.
12. Resolution 2017‐141, directing payment of bills (available Tuesday)
13. Possible approval of sanitary sewer adjustments
IX. PUBLIC HEARINGS ‐ OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
14. This is the date and time for a public hearing to consider the adoption of a portable recording
system (body camera) policy. The hearing is to consider a proposed written policy, and before
its adoption, to provide an opportunity for public comment. The Council will also accept public
comments that is submitted electronically comments@ci.stillwater.mn.us or by mail. All
according to Minnesota Statute 626.8473. Notice was published in the Stillwater Gazette on
July 7, 2017. At the request of the Police Chief this hearing will be tabled to the
August 15, 2017 meeting
X. UNFINISHED BUSINESS
13. Possible approval of development agreement for Tax Increment Financing District #13
(Resolution – Roll Call) (available Tuesday)
XI. NEW BUSINESS
XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XIII. COMMUNICATIONS/REQUESTS
XIV. COUNCIL REQUEST ITEMS
15. Beyond the Yellow Ribbon update
XV. STAFF REPORTS (CONTINUED)
XVI. ADJOURNMENT
SPECIAL CITY COUNCIL MEETING MINUTES
June 21 and 22, 2017
SPECIAL MEETING 8:30 A.M. TO 12:30 P.M.
Mayor Kozlowski called the meeting to order at 8:30 a.m. on June 21 and 22, 2017 for a
workshop on Strategic Planning.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Magnuson
Police Chief Gannaway (not present June 22, 2017)
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
Finance Director Harrison
Human Resource Manager Robole
City Clerk Ward
Both sessions were facilitated by Irina Fursman & Dr. Richard Fursman.
June 21, 2017
Council and City staff discussed:
Review goals and vision statements [accomplishments, set-backs]
Calendar for 2017/18 work items.
Fire Chief Glaser and Chief Gannaway, in regard to planning the 4th of July fireworks,
requested approval to put jersey barriers in place for public safety reasons for the bigger
events – 4th of July, Lumberjack Days and Harvest Fest.
Motion by Councilmember Menikheim, seconded by Councilmember Junker approving the
placement of jersey barriers. All in favor.
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adjourn the
meeting at 12:35 p.m. All in favor.
June 22, 2017
Council and City staff discussed:
High Performing Organization
Values that drive the actions of the Organization
o Respect
o Integrity
o Trust
o Competence
o Quality
Special City Council Meeting June 21 & 22, 2017
Page 2 of 2
Motion by Councilmember Polehna seconded by Councilmember Menikheim, to adjourn the
meeting at 12:40 p.m. All in favor.
Ted Kozlowski, Mayor
ATTEST:
_________________
J. Thomas McCarty, Acting City Clerk
TED KOZLOWSKI, MAYOR
RESOLUTION 2017-139
STILLWATER HUMAN RIGHTS AWARD
ANNE MCMANUS
WHEREAS, the Stillwater Human Rights Commission requested nominations for the 2017
Stillwater Human Rights Award. Again, we had two winning candidates this year; and
WHEREAS, ANNE MCMANUS has been nominated for working 36 years to better the lives
of children that have been abandoned in foreign countries or languishing in foster care here in
Minnesota; and
WHEREAS, ANNE believed that every child had the right to a family of their own. She was
fair and saw the good in each individual without showing any bias; and
WHEREAS, ANNE was HOPE Adoption & Family Services first E.D. and Social Worker.
She was first for 25 years in the Brick Alley Building and later in a purchased building by the
Stillwater Bowling Alley; and
WHEREAS, Children were the principal beneficiaries of ANNE’s works and particularly
enjoyed when teens were matched with parents; and
WHEREAS, ANNE also played the organ for 50 years for Stillwater First Presbyterian
Church & continues to serve on a committee distributing funds to children in foster care.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater,
Minnesota, one 2017 Human Rights Award is presented to ANNE MCMANUS in appreciation of
her outstanding leadership and dedication to human rights, and is hereby commended for those
efforts.
Adopted by the City Council this18th day of June, 2017.
Memo
DATE:
TO:
FROM:
RE:
July 13, 2017
Mayor and City Council
Sharon Harrison, Finance Director~~
Sanitary Sewer Adjustments
BACKGROUND:
During the course of any given year, sanitary sewer rate adjustment recommendations come before
Council. These adjustments are mainly due to leaks found during the course of the year, but often stand
out more during the readings during the 1st quarter of every year. For residential properties, sanitary
sewer billing rates are set during the 2nd quarter of every year using the water consumption ( obtained
from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing
cycles (quarters) until the rates are reset again the following year.
As mentioned before, occasionally there are some properties that have experienced increased water
usage during the 1st quarter of the year due to some unforeseen circumstances ( e.g. leaky toilet, water
softener issues, pipe issues, etc.). This increased water usage naturally in tum increases their sanitary
sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City
to explain their individual circumstance. We (Finance) then review consumption rates from
prior/current quarters to see ifwe can determine the duration/termination of the leak based on the
information provided to us by the water department and the resident/owner. This information then is
used to provide Council with new billing rate recommendations for upcoming billing periods (until the
new rates are reset the following year).
This practice has been used by the City for many years, and has been proven to be a fair and accurate
way for property owners to pay their fair share of the use of the sanitary sewer system.
RECOMMENDATION:
Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property
owners. These adjustments are expressed in gallons ( of consumption), based on the average
consumption of the prior 3 years, and converted to the new billing rate using the most current billing
rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing).
In other words, staff is recommending to Council that the property owner at least pay the increased
sanitary sewer rate for the billing period in which the leak occurred.
COUNCIL ACTION:
If Council agrees with Staffs recommendation, Council needs to approve staff recommendations as
listed on the attached Exhibit A.
CITY OF STILLWATER
EXHIBIT A
Description of Billing Quarter
Circumstance Winter Average Gallons Adjustment for
1 Outside Faucet Leak From 43,000 2nd
To 22,000
2 Toilet Leaks From 28,000 2nd
To 16,000
3 Softener valve open From 238 ,000 2nd
To 19,000
4 Toilt Leaks From 91,000 2nd
To 26,000
5 Softener Malfunction From 24,000 2nd
To 8,000
6 Toilet Leaks From 39,000 2nd
To 19,000
7 Toilet Leaks From 18,000 2nd
To 10,000
8 Toilet Leaks From 20,000 2nd
To 15,000
9 Toilet Leaks From 15,000 2nd
To 5,000
10 Softener Malfunction From 26,000 2nd
To 2,000
11 Water leak From 57,000 2nd
To 9,000
12 Toilet Leaks From 51,000 2nd
To 12,000
13 Softener and Toilet leaks From 56,000 2nd
To 26,000
14 Toilet Leaks From 92,000 2nd
To 36,000
15 Toilet Leaks From 46,000 2nd
To 32,000
Number: 8.22
Stillwater Police Department
Policy and Procedure Manual
Subject: Portable Audio/Video Recorders (Body Cameras)
Effective Date: June 29, 2017
Approved By: Chief John Gannaway
8.22 Purpose and Scope
Page 1 of 6
Rescinds: All Others in Conflict
This policy provides guidelines for the use of portable audio/video recording devices by
members of the Stillwater Police Department in the performance of their duties (MN Stat.
626 .8473). Portable audio/video recording devices include all recording systems whether body-
worn, hand held or integrated into portable equipment.
This policy does not apply to mobile audio/video recordings, interviews or interrogations
conducted at any City of Stillwater facility, undercover operations, wiretaps or eavesdropping
(concealed listening devices) unless captured by a portable recording system.
8.22.1 Definitions
Definitions related to this policy include:
Portable recording system -A device worn by a member -~is capable of both video and
audio recording of ~}~~~ber's activities and interactions wllry~ther or collecting digital
multimedia evidence as pa rt of an investigation and a provided in MN Stat. 13.825.
8.22.2 Policy Statement
The Stillwater Police De~ent may ptew;t e members with access to portable recorders for
use during the pe rformancEf-eir duties. 't-he use of recorders is intended to enhance the
mission of the Department by ·~~tely capturing contacts between members of the
Department and the public. ·
8.22.3 Privacy Policy
All recording made by members on any Department issued device at any time or while act ing in
an official capacity of this Department, regardless of ownership of the device, shall remain the
property of the Department. Members shall have no expectation of privacy or ownership
i nterest in the content of these recordings.
Number: 8.22
Stillwater Police Department
Policy and Procedure Manual
Subject: Portable Audio/Video Recorders (Body Cameras)
8.22.4 Member Responsibilities
Page 2 of 6
Prior to going into service, each uniformed member will be responsible for making sure that
he/she is equipped with a portable recorder issued by the Department, and that the recorder is
in good working order (MN Stat. 13.825). If the recorder is not in working order or the member
becomes aware of a malfunction at any time, the member shall promptly report the failure to
his/her supervisor and obtain a functioning device as soon as_reasonable practicable.
Uniformed members should wear the recorder in a consp~ manner or otherwise notify
persons that they are being recorded, whenever reasor4',t'.)racticable (MN Stat. 626.8473).
Any member assigned to a non-uniformed position may can, an approved portable recorder at
any time the member believes that such a device may be useful. Unless conducting a lawful
recording in an authorized undercover capacity, non-uniformed members should wear the
recorder in a conspicuous manner when in use or otherwise notify persons that they are being
recorded, whenever reasonably practicable.
When using a portable record~,:.,1b.,e assigned member shall record his/her name, employee
number and the current date and time at the beginning and the end of the shift or other period
of use, regardless of whether any $:ti"1ty was recorded. This procedure is not required when
the recording device and related scsftware captures the user's unique identification and the date
and time of each recording.
Members should document the existendJof an@Ording .... report or other official record of
the contact, including any instance where the ~corder malfunctioned or the member
deactivated the recording (MN Stat. 626.8411f. Members should include the reason for the
dea~.
8.22.5 Activation of the Audio/Video Recorder
This poHcy is not intender.t to describe every possible situation in which the recorder should be
used, although there are many situations where its use is appropriate. Members should activate
the recorder any time the member believes it would be appropriate or valuable to record an
incident.
The recorder shou'ff be dftvated in any of the following situations:
A. All enforcement and investigative contacts including stops and field interview situations.
B. Traffic stops including, but not limited to, traffic violations, stranded motorist assistance
and all crime interdiction stops.
C. Self-initiated activity in which a member would normally notify 911 Communications
Center.
Number: 8.22
Stillwater Police Department
Policy and Procedure Manual
Subject: Portable Audio/Video Recorders (Body Cameras)
8.22.5 Activation of the Audio/Video Recorder (continued)
Page 3 of 6
D. Any other contact that becomes adversarial after the initial contact in a situation that
would not otherwise require recording.
Members should remain sensitive to the dignity of all individuals being recorded and exercise
sound discretion to respect privacy by discontinuing recording whenever it reasonably appears
to the member that such privacy may outweigh any legitimate law enforcement interest in
recording. Requests by members of the public to stop recording should be considered using this
same criterion. Recording should resume when privacy is no longer at issue unless the
circumstances no longer fit the criteria for recording.
At no time is a member expected to jeopard1-ttls/her safety in order to activate a portable
recorder or change the recording media. l'iewever, the recorder should be activated in
situations described above as soon as reasoftlble practicable.
8.22.6 Cessation of Recording
Once activated, the portable recorder should remain onO,Otinuously until the member
reasonably believes that his/her direct participation in the-incident is complete or the situation
no longer fits the c,,r~~ria for activation. Recording may be stoppe_d during significant periods of
inactivity such a$~~ng or other breaks from direct parf'Mpation in the incident.
8.22.7 Surreptitious Recordings
Minnesota law permllltm fndividual to surreptitiously record any conversation in which one
party to the conversatiol"thas given ~ermission (MN Stat. 626A.02).
Members of the Department may~eptitiously record any conversation during the course of a
criminal investigation in which th r1ber reasonably believes that such a recording will be
lawful and beneficial to the investigafiC)n.
Members shall not surreptitiously record another Department member without a court order
unless lawfully authorized by the Chief of Police or the authorized designee.
8.22.8 Explosive Device
Many portable recorder, including body-worn cameras and audio/video transmitters, emit radio
waves that could trigger an explosive device. Therefore, these devices should not be used
where an explosive device may be present.
Number: 8.22
Stillwater Police Department
Policy and Procedure Manual
Subject: Portable Audio/Video Recorders (Body Cameras)
8.22.9 Identification and Preservation of Recordings
Page 4 of 6
To assist with identifying and preserving data and recording, members should download, tag or
mark the recordings in accordance with procedure and document the existence of the recording
in any related case report.
A member should transfer, tag or mark recordings when the member reasonably believes:
A. The recording contains evidence relevant to potential criminal, civil or administrative
matters.
B.
C.
D.
E.
F.
G.
A complainant, victim or witness has requested non-disclosure.
A complainant, victim or witness has not requested non-disclosure but the disclosure of
the recording may endanger the pe?50n.
Disclosure may be an unreasonable violation of'"eone's privacy.
Medical or mental health information is contained,
Disclosure may J:Ompromise an under-cover officer orctnfidential informant.
The r~ng or portions of the recording may be protected under the Minnesota Data
Practicei&A£t.
Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal
matter (e.g., a hostile contact),, the member should promptly notify a supervisor of the existence
of the recording.
8.22.10 Review of Recorded Media Files
When preparing written reports, members should review their recordings as a resource (see the
Use of Firearms (5.2) and Use of Physical Force (5.3) policies for guidance) in those cases.
However, members shall not retain personal copies of recording. Members should not use the
fact that a recording was made as a reason to write a less detailed report.
Supervisors are authorized to review relevant recording any time they are investigating alleged
misconduct or reports of meritorious conduct or whenever such recordings would be beneficial
in reviewing the member's performance.
Recorded files may also be reviewed:
Number: 8.22
Stillwater Police Department
Policy and Procedure Manual
Subject: Portable Audio/Video Recorders (Body Cameras)
8.22.10 Review of Recorded Media Files (continued)
Page 5 of 6
A. Upon approval by a supervisor, by any member of the Department who is participating
in an official investigation, such as a personnel complaint, administrative investigation or
criminal investigation.
B. Pursuant to lawful process or by court personnel whQ are otherwise authorized to
review evidence in a related case.
C. In compliance with the Minnesota Data Pra~tftfd Act request, if permitted or required
by the Act, including pursuant to MN Stat. 13.82, subd. 15, and in accordance with the Media
Relations/Data Practices Policy (8.10).
All recordings should be reviewed by the Custodian of Records prior~blic release (see the
Media Relations/Data Practices Policy (8.10)). Recordings that are clear'\t-6'ensive to common
sensibilities should not be publicly released unless disclosure is required by Jaw or order of the
court (MN Stat. 13.82, subd. 7~
8.22.11 Coordinator
The Chief of Police or the authorize~ign-;: should designate a coordinator responsible for
(MN Stat. 626.8473; MN Stat. 13.825):'
A. Establishing procedures for the seclJrity, storage and maintenance of data and
recordings.
The coordinator should work with the Custodian of Records and the member
assigned to coordinate the use, access and release of protected information to
ensure that procedures comply with requirements of the Minnesota
Gover~t Data Practices Act (MGDPA) and other applicable laws (MN Stat.
13.01). (see the Media Relations/Data Practices Policy (8.10)).
B. EstaMi$hing procefkttes for accessing data and recordings.
1. T es.e pro edures should include the process to obtain written authorization for
access t o non-public data by Stillwater Police Department members and
members of other governmental entities and agencies.
C. Establishing procedures for logging or auditing access.
D. Establishing procedures for transferring, downloading, tagging or marking events.
Number: 8.22
Stillwater Police Department
Policy and Procedure Manual
Subject: Portable Audio/Video Recorders (Body Cameras)
8.22.11 Coordinator (continued)
E. Establishing an inventory of portable recorders including:
Page 6 of 6
1. Total number of devices owned or maintained by the Stillwater Police
Department.
2. Daily record of the total number deployed and used by members and, if
applicable, the area or special event assignment(s) in which the devices were
used.
3. Total amount of recorded audio and video data collected by the devices and
maintained by the StillwatetNfce Department.
F. Preparing the biennial audit requir@fty MN Stat. 13.825m subd. 9.
G. Notifying the Bureau of Criminal Apprehensien fMNBCA) in a timely manner when new
equipment is obtained by the Stillwater Police DQ;partment that expands the type or scope
of surveillance capabilities of the Department'~ f)Vrtable recorders.
8.22.12 Accountability
Any member whoM'ccesse~-lease recording without authorization may be subject to discipline
(see Uniform S~rd.ss of C.ct (1.11), P.O.S.T. Board Standards of Conduct (1.12), and Media
Relations/Data Pr'atltes Poli'9t8.10) (MN Stat. 626.8473).
1.
2.
3.
4.
5.
6.
7.
8.
9:00
9:00
9:10
9:10
9:35
9:55
10:10
10:15
Roll Call
BOARD AGENDA
JULY 18, 2017 -9:00 A.M.
Pledge of Allegiance
Comments from the Public
Board of Commissioners
Fran Miron , District 1
Stan KarwoskJ , Distr ict 2
Gary Kriesel . District -3
Karla Bi gham , District 4
Lisa Weik, Chair, District 5
Visitors may share their comments or concerns on any issue that is a responsibility or junction of Washington County Government, whether or not the
issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County
Board secretary or the County Administrator. The County Board Chair will ask you lo come to the podium, state your name and city of residence, and
present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed
lo individual Board members will not be allowed. You are encouraged to limit your presentation to no more than jive minutes. The Board Chair
reserves the right to limit an individual's presentation ifit becomes redundant, repetitive, overly argumentative, or ifit is not relevant to an issue that is
part of Washington County's Responsibilities.
Consent Calendar -Roll Call Vote
Community Services -Rebecca Motzko, Social Services Supervisor and Barb Sopp, Planner II
A. Family Child Care Providers of the Year
B. Approval of Grant Agreement for $299,848 with the Minnesota Housing Finance Agency to
Prevent or Mitigate Homelessness
General Administration -Molly O'Rourke, County Administrator
2015 and 2016 Audit Advisory Committee Report -Melanie Greufe, Internal Auditor
Commissioner Reports -Comments -Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and
information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because
of discussion will be scheduled for a future board meeting.
Board Correspondence
Adjourn
Finance Committee Meeting
Assislive Jist1nlng device! are available for use in !he County Board Room
EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER
WASHING TON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
JULY 18, 2017
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
Administration
Community Services
Sheriffs Office
ITEM
A. Approval of June 27, 2017 County Board Meeting Minutes.
B. Approval of grant agreement between the Minnesota Department of Human
Services and Washington County in the amount of $73,165 for the period of
July 1, 2017 through June 30, 2019, and authorize its execution pursuant to
Minn. Stat. 373.02.
C. Approval of resolution for cooperative agreement with the City of
Minneapolis, Minnesota, to provide additional law enforcement during the
Super Bowl 2018 and authorize its execution pursuant to Minn. Stat. 373.02.
Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
Assistive 6slf,n /r;g devices are available for use in the Cou,:,ty Bo1rd,Room
EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER
Case No. 2017-14
Consideration of a Preliminary plat for an 8 single family home subdivision
for the property located at 1902 William Street North. Sterling Black,
Fairway Development, LLC, property owner.
TABLED AT THE DEVELOPER'S REQUEST.
NOTICE WILL BE GIVEN IN ADVANCE OF THE NEXT
SCHEDULED PUBLIC HEARING.
Case No. 2017-27
Consideration of a City-initiated Zoning Map Amendments for the
consideration of the rezoning of the properties located at 419 2nd Street
South, 322 Broadway Street South and 435 Broadway Street South from
Central Business District to RB -Two Family Residential
WITHDRAWN BY THE CITY OF STILLWATER