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2018-05-15 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING May 15, 2018 SPECIAL MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER 1. Discussion on possible updates of various chapters to the City Code a. Chapter 30 – Garbage & Rubbish b. Chapter 22 – City Administration 2. Human Rights Commission Request – Youth Handbook & Application 3. Discussion on draft of City Council/Boards/Commissions Handbook REGULAR MEETING 7:00 P.M. IV. CALL TO ORDER V. ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. APPROVAL OF MINUTES 4. Possible approval of the May 1, 2018 regular and recessed meeting minutes. VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 5. Presentation of Heritage Preservation Awards – Brian Larson IX. 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. X. STAFF REPORTS 6. Police Chief 7. Fire Chief 8. City Clerk 9. Community Development Dir. 10. Public Works Dir. 11. Finance Director 12. City Attorney 13. City Administrator 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 2018-103, directing payment of bills 15. Resolution 2018-104, approval of Cooperative Agreement between the City of Oak Park Heights, the City of Stillwater and Washington County for maintenance of the traffic control signal system at the intersection of County State Aid Highway (CSAH) 24 (Osgood Avenue) and County Road (CR) 62 and 62nd Street North 16. Resolution 2018-105, approving the transfer of an On-sale, Sunday and Off-sale Liquor Licenses to the Elevage Hotel Group, LLC, DBA: Lora/Feller/The Long Goodbye/MADE 17. Resolution 2018-106, approving the transfer of an On-sale and Sunday Liquor Licenses to the Two Brians LLC, DBA: Brine’s 18. Resolution 2018-107, approving business name (DBA/Trade Name) change of Stillwater Liquors to Cellars Wine & Spirits 19. Possible approval of retail fireworks permit – Cub Foods 20. Possible approval of retail fireworks permit – Dollar Tree 21. Possible approval of retail fireworks permit – Target 22. Resolution 2018-108, approval of reappointment to the Board of Water Commissioners 23. Resolution 2018-109, approval of appointment to Human Rights Commission 24. Resolution 2018-110, approval of appointment to Joint Cable Commission 25. Resolution 2018-111, resolution requesting additional time to complete Comprehensive Plan “Decennial” review obligations XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 26. Case 2018-25. This is the date and time for a public hearing to consider a request by Our Savior’s Lutheran Church, property owner and Anne Stanfield representing Ecumen, applicant, for the consideration of a minor amendment to the previously granted PUD and SUP for the property located at 1616 Olive St W and 114 Brick St in the RA district. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 27, 2018. 27. This is the date and time for a public hearing with respect to granting host approval to the issuance of revenue obligations to finance a multifamily housing development located in the City of Stillwater, in accordance with the provisions of Minnesota Statutes, Chapter 462c, as amended; and approving a housing program - for the multifamily housing development. XIII. UNFINISHED BUSINESS 28. Possible approval of contracts with Louks Land Survey and Engineering Services for the St. Croix Valley Recreation Center and Field Turf for the turf and dome replacement at the St. Croix Valley Recreation Center (2 - Resolution-Roll Call) XIV. NEW BUSINESS 29. Request by applicant to reconsider the denial of the ordinance to allow limited retail in the BP-I Zoning District 30. Crosby Hotel Design Permit Reconsideration 31. Possible approval of Event permit for the Maple Island Brewery 32. Approval of agenda for Joint Work Session with the Cities of Bayport, Oak Park Heights and Stillwater XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS 33. Beyond the Yellow Ribbon update XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT '146 1 E F;e_ I I E NATIONAL PRESERVATION ACT(51 YEARS) -STILLWATER HPC(44 YEARS) - CERTIFIED LOCAL GOVERNMENT(29 YEARS) 40 DESIGN FIFTY-SEVEN REVIEW APPLICATIONS Appreciation postcards sent to property owners who repaired and maintained their old home. Reported Valuation: Over One Million Dollars Downtown Design Review District Major Facade Im- %.` provements, Rehabilitations or 119411 Additions Reported Valuation: S475,000 TOTAL VIDEO TOUR VIEWS TOTAL INCREASE IN VIEWS SINCE 201 6 Neighborhood Conservation / District New Residential Con- MOST VIEWED VIDEO: LIFT BRIDGE struction Projects DOUBLE FROM LAST YEAR(COURTHOUSE) SECOND MOST VIEWED: LOWELL PARK Stillwater National Register UP 33%FROM 201 6 Historic District Historic Fa- THIRD MOST VIEWED: COURTHOUSE ¢ cade Reconstruction Projects Reported Valuation: $85,000 3 1 % FROM 1 8 O/ FROM j FACEBOOK Demolition Approvals Abatement Order for Repair of 41 70a Contributing Building ' Annual8 0 0Award Project Reported Valuation Commissioners and Staff at- $32,250 Total Grant Funds Captured tended State Historic Preserva- tion Conference in Albert Lea $5,475 Value of HPC Volunteer Time RESOLUTION 2018-103 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 $732,075.89 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 15th day of May, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2018-103 LIST OF BILLS Accela Inc Ace Hardware Acoustics Associates Inc. Advanced Graphix Inc. Amdahl Locksmith Inc Chris Animal Humane Society ARI Phoenix Inc Aspen Mills Astleford International Axel H. Ohman Inc Axon Enterprises Board of Water Commissioner Brock White Co. LLC Bryan Rock Products Inc. Burks Tree and Landscape Care Business Data Record Services CalAtlantic Homes Campion Barrow & Associates CDW Government Inc. Century College Century Link Century Power Equipment Cintas Corporation City of Oak Park Heights Clifton LarsonAllen LLP Cole Papers Comcast Costar Realty Information Inc Coverall of the Twin Cities Cub Foods CW Houle Inc Downtown Idea Exchange ECM Publishers Emergency Automotive Enterprise FM Trust Erickson Builders & Co Fastenal Company FedEx Forms and Systems of Minnesota Fuhr Trenching Fury Dodge Chrysler GASB Gopher State One Call Inc. Greater Stillwater Chamber of Commerce Haussner Plumbing LLC Monthly UB web payments Supplies Police/City Hall Project Reflective graphics Rekeylock Pound charges Building maintenance Uniforms Equipment repair charges Police/City Hall Project Battery pack for tasers WAC Charges Wood chips Field maint supplies Tree Care Document destruction services Grading Escrow Refund Testing Toner Training Telephone Supplies Mat & Uniform cleaning service Reimburse for traffic study Norell/Wash Audit Janitorial supplies Internet & Voice Property professional Commercial Cleaning Services Cake Sewer line repair Subscription Publications Equipment for new squad Lease vehicles Police/City Hall Project Supplies Shipping Citation forms Clean up fuel spill at ice castle Vehicle service Subscription Locates Breakfast educational series Actuators Page 1 592.85 273.41 3,711.85 710.00 656.00 152.00 948.00 678.34 585.20 8,096.25 248.00 14,000.00 936.72 735.22 663.00 100.00 4,500.00 950.00 178.59 2,245.00 172.84 2.51 397.62 2,400.79 19,248.00 708.61 371.94 376.83 1,772.00 47.58 2,882.00 236.50 294.50 3,132.31 4,178.77 2,543.75 16.68 14.57 768.89 1,760.00 28.27 265.00 235.95 20.00 474.00 EXHIBIT "A" TO RESOLUTION #2018-103 Hoisington Koegler Group Inc Holiday Companies Innovative Office Solutions LLC iSpace Environments Jefferson Fire and Safety Inc . Kath Companies Lake Elmo Oil Inc Landscape Research LLC League of MN Cities League of MN Cities Ins Tr Lemoine Chyrisse Lennar of Minnesota Loffler Companies McDaniel Law & Policy Menards Metropolitan Council Miller Excavating Mitchell Ryan MP Nexlevel LLC Municipal Emergency Services Office Depot OnSite Sanitation Our Saviors Lutheran Church Performance Plus LLC Phasor Electric Company Quill Corporation Safe Fast Inc Safety Signs Salvati Teresa Simplifile LC Stillwater Motor Company Stillwater Rotary Club Stop Stick LTD Streichers SW/WC Service Cooperatives T.A. Schifsky and Sons The Market & B Design Thelen Heating & Roofing Thomson Reuters Thoren Dawn Toll Gas and Welding Supply Transportation Supply LLC Tri-State Bobcat Urbiha Judith US Bank Valley Trophy Inc. Verizon Wireless Professional services Vehicle washes Windex Cabinets Sensors Fuel Fuel Historic Resources Chapter Update Workers Comp Claim Quarterly Municipality Insurance Reimburse for Bike Rodeo supplies Grading Escrow Refund Misc computer & equipment expenses Professional services Supplies Wastewater Charge & SAC Sand for high water Reimburse for Bike Rodeo meals Locating Rope Office supplies Portable restroom rental Park fee refund Medical screening Police/City Hall Project Office Supplies Office Supplies Supplies Refund of Utility Billing Filing fees Vehicle service Membership Supplies Uniform supplies COBRA & Retiree Health Insurance Aggregate Grading Escrow Refund Police/City Hall Project Information Charges Reimburse for expenses Cylinders Barricade Mower Reimburse for expenses Paying agent fees Name plates Police Mobile Broadband Page 2 9,858 .22 285.00 24.78 3,714.32 793.03 251.14 16.87 10,000.00 1,956.41 68,965.00 28.59 1,500.00 4,532.91 12,500.00 610.37 178,051.37 387.83 143.53 557.50 354.60 795.38 328.00 50.00 435.00 28,117.65 624.92 911.15 360.55 289.25 150.00 58.48 190.00 114.00 38.98 74,092.08 309.92 1,500.00 20,676.30 141.94 3.00 42.72 469.75 3,035 .00 132.96 1,900.00 36.30 621.21 EXHIBIT "A" TO RESOLUTION #2018-103 Voyant Communications Washington County Assessment & Taxation Washington County Sheriffs Office Zee Medical Service REC CENTER 1ST Line/Leewes Ventures LLC 4Front LLC Ace Hardware Advance Auto Parts Al's Coffee Company Becker Arena Products Century Link Cintas Corporation Coca-Cola Distribution Daleo HDR Architecture Holiday Credit Office Ice Skating Institute Menards Miller Excavating R&R Specialties Inc. Riedell Shoes Inc. St. Croix Boat and Packet Co. Viking Auto Sprinkler Co. LIBRARY Ace Hardware Baker and Taylor Brodart Co Culligan of Stillwater Ellis Sandy Floyd Total Security Howe Linnea Inyo Entertainment Loft Literary Center MN Library Assoc. Reyers Mariah E. Stillwater Printing Co. Washington County Library Phone Special Assessment Billing Code Classify & Transcription First aid supplies Concession supplies Dasher banners Supplies Equipment repair supplies Concession supplies Dashers Telephone Mat cleaning service Beverages for concessions Janitorial supplies Rec Center Project Fuel Show Supplies Move evaporators from Rec Center to Lily Lak1 Equipment repair supplies Skates Arena Billing Equipment repair Janitorial Supplies Materials Materials Misc Reimburse for expenses Security Staff Reimbursement Programs Programs PLD Day -Angie Programs Art Tour Brochures Ql Postage/Stock Overdue Notices Page 3 508.22 5,085.00 5,269.53 308.40 626.15 1,913.00 196.50 30.84 932.20 27,035.09 62.07 103.00 840.00 720.16 8.53 97.39 25.00 97.56 1,047.50 2,146.94 11,873.50 110,573.70 1,260.00 457.01 194.05 1,820.38 56.55 92.69 168.12 25.00 250.00 1,107.00 50.00 240.00 95.00 205.70 EXHIBIT "A" TO RESOLUTION #2018-103 ADDENDUM Century Link Comcast Czepa Scott Heritage Printing Jordan Joa I Madden Galanter Hansen Magnuson Law Firm McCarty Tom McGeehan Bernie MidAmerica Napa Tri-State Bobcat Xcel Energy Adopted by the City Council this 15th Day of May, 2018 Telephone Internet Park fee refund Statements Reimburse for work boots Professional Service Professional Service Reimburse for meeting refreshments Park fee refund Processing of paint & oily absorbents Equipment repair supplies Equipment repair supplies Energy Page4 83.98 134.90 50.00 111.00 99.99 4,240.55 13,074.33 55.92 30.00 540.65 56.09 275.86 24,534.49 TOTAL 732,075.89 Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 5/14/2018 Subject: Joint Cable Commission Steve Wicker’s term as Alternate Citizen Representative on the Joint Cable Commission expired on December 31, 2018, and he has requested reappointment. These positions should be staggered terms, therefore I would recommend Mr. Wicker be re-appointed for a term ending on January 1, 2020. ACTION REQUIRED: If Council wishes to appoint Mr. Wicker, Council should pass a motion adopting a resolution entitled “Appointing member to Joint Cable Commission.” RESOLUTION 2018-110 APPOINTING MEMBER TO JOINT CABLE COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby approves the appointment of: Stephen Wicker – Alternate Term ending January 1, 2020 Adopted by the Stillwater City Council this 15th, day of May, 2018. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk RESOLUTION NO. 2018-111 RESOLUTION REQUESTING ADDITIONAL TIME TO COMPLETE COMPREHENSIVE PLAN “DECENNIAL” REVIEW OBLIGATIONS CITY OF STILLWATER, MINNESOTA WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to review and, if necessary, amend their entire comprehensive plan and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their “decennial” reviews by December 31, 2018; and WHEREAS, Minnesota Statutes section 473.864 authorizes the Metropolitan Council to grant extensions to local governmental units to allow local governmental units additional time within which to complete the “decennial” review and amendments; and WHEREAS, any extensions granted by the Metropolitan Council must be submitted by May 31, 2018, and must include a timetable and plan for completing the review and amendment; and WHEREAS, the City of Stillwater will not be able to complete its “decennial” review by December 31, 2018; and WHEREAS, the City of Stillwater is on schedule to complete the draft of the “decennial” review by October 26, 2018, but following completion of the draft is a mandatory six-month period of time during which surrounding jurisdictions and interested agencies are allowed to review and comment on decennial plans; and WHEREAS, the City Council of the City of Stillwater finds it is appropriate to request from the Metropolitan Council an extension so the City can have additional time to submit to the Metropolitan Council for review an updated comprehensive plan. NOW, THERFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, AS FOLLOWS: 1. The Community Development Director is directed to submit to the Metropolitan Council no later than May 31, 2018, an application requesting an extension to May 31, 2019. 2. The Community Development Director is directed to include with the request a reasonably detailed timetable and plan for completing the review and amendment by May 31, 2019. Adopted by the City Council of the City of Stillwater on May 15, 2018. _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Diane F. Ward, City Clerk memo St. Croix Valley Recreation Center To: Mayor and Council From: Doug Brady, Facilities Manager St Croix Valley Recreation Center Date: May 4, 2018 Re: St. Croix Valley Recreation Center Improvement Project The St. Croix Valley Recreation Center is looking for your approval for the enclosed contracts for the replacement of our fieldhouse. The first contract is from Field Turf regarding the construction of our existing dome. The second contract is from Loucks Land Surveying and Engineering Services regarding the boundary and topographic survey and pond analysis. The St. Croix Valley Recreation Center would appreciate City Council support on this project so that we can move forward. Date: To: From: Subject: FieldTurf s A T1rbtt Sports Company Friday, April 27, 2018 St. Croix Valley Rec Dome Brian Kramer Regional Sales Manager 816-550-303 7 13r ian .K.t·am e rliv!iddturt'.com THE ULTIMAJE SURFACE EXPERIENCE Antoni Miele Project Manager 514-208-5299 Antoni.Miele@fieldturf.com Project St. Croix Valley Rec Dome-NJPA Turf & Dome Proposal FieldTurfUSA, Inc. is pleased to present the following proposal. Price estimates are based off of The National Joint Powers Alliance (NJPA) pricing. NJPA provides predetermined preferential pricing through approved vendors. Since the products have already been bid at the national level, individual schools do not have to duplicate the bidding process per NJP A Contract# 082114. 1 2 3 4 5 6 7 8 Al Description Quantity Units Unit Price Total Sitework Dome (Description Below) 91,261 SF $17.92577 ~1,635,923.76 Civil Scope (Description Below) 91,261 SF $0.53648 $48,960.00 Subtotal Synthetic Turf Site Work $1,684,883.76 Synthetic Turf FieldTurfRevolution 360 (FTRV360-l) 2.5" 91,261 SF $4.3870600 $400,367.48 Inlaid Soccer Markings 1 EA $7,140.00 Donated Inlaid Men's Lacrosse Markings 1 EA $7,140.00 Donated Re-Use Existing Infill ** 91,261 EA -$0.25 -$22,815 .25 - Subtotal Synthetic Turf $377,552.23 Subtotal Project $2,062,435.99 Performance & Payment Bonds l LS $21,253.64 $21,253.64 Credit for Good Faith -1 LS $20,000.00 -$20,000.00 Total Project $2,063,689.63 Voluntary Alternates FieldTurfRevolution 360 (FTRV360-57) 2.25" in lieu of Revolution 360 (FTRV360-91,261 LS -$0.265930 -$24,269.04 1) 2.5" Total Alternate # l -$24,269.04 7445 Cote-de-Liesse Road Suite 200-Montreal Quebec H4T 1G2-Tel 1-800-724-2969 -Fax (514) 340-9374 www.FieldTurf.com Page 2 of 5 Friday, April 27, 2018 SITEWORK-INCLUSIONS: 1. Removal and disposal of existing turf system 2. Extraction of infill -salvages and staged inside existing dome, while still inflated. 3 . Replacement of Yeadon Air Supported Structure including: a. OUTER MEMBRANE: The outer membrane is manufactured in 28 and 32 ozlsq. yd., white, high tensile strength, opaque, eggshell white TEDLAR topcoat, vinyl coated polyester. The fabric is fire resistant, meeting the requirements ofNFP A 701. 20-year warranty is included. b. THERMAL/ACOUSTICAL INNER MEMBRANE: The dome contains an inner thermal/acoustical fabric liner, which is welded to the dome's outer membrane. The liner is produced from white and blue, 14 oz./sq. yd., high strength, translucent vinyl coated polyester. c. The blue is typically used as a contrasting color along the sides and across each end; it extends from ground level to 15 '. Yeadon recommends the blue over other background colors because of its superior reflective characteristics. White is used throughout the rest of the dome to provide the brightest interior possible. Custom colors are available upon request. d. SEAMS: All seams are dielectrically welded together to form the dome's profile. This method of fabrication provides an airtight bond that is stronger than the material itself. Yeadon uses no sewn seams on its structures. e. SECTIONS: The dome will be manufactured in 4 sections for ease of handling. If more than one section is required, Yeadon will provide 8" aluminum seam clamps, which are used to field connect the sections together. These seam clamps form a strong, airtight and flexible connection. A continuous fabric flap with a VELCRO edge is also provided to conceal and weatherize the seam connection. f. ALUMINUM CHANNEL: 310' ofYeadon's exclusive anodized aluminum channel will be provided for installation into the concrete grade beam by your concrete contractor. New 2x4's are included to re-anchor the dome. g. CABLES: Yeadon will provide 19 white vinyl-coated steel cables complete with thimble eyes or sockets at each end. These single radial cables are provided for fabric stress relief on our larger domes. This design eliminates snow entrapment, membrane ma.n-ing and provides for a smooth exterior appearance. Yeadon will provide the 6 new side mount cable anchors. h. REVOLVING DOORS: (1) aluminum, 3 leaf revolving door is supplied for the main entrance into the dome. This self-contained door comes complete with full glass paneled doors, rigid frame and sides, sturdy tread-plate base and all attaching hardware. 1. PERSONEL AIRLOCKS: (1) handicap entrance module, each complete with (2) balanced doors, panic hardware, steel frame and cover and attaching hardware has been included to allow accessible access into the dome. This unit bolts directly to the revolving door above. j. EMERGENCY EXIT DOORS: (8) balanced aluminum emergency exit doors complete with a heavy-duty steel frame, viewing panel, panic hardware, exit lights with battery backup, lockable exterior entry hardware, fabric clamping strip, exterior knee braces and all attaching hardware. k. LIGHTS: (110) -New energy efficient suspended LED fixtures, lamps, hangers, chain and attaching hardware. Yeadon supplies wiring between the fixture and dome base. I. All electrical design, distribution and wiring to the light locations are provided by others. Yeadon will assist with the layout and location of the lights. 8 to 10 of these lights can be set as emergency egress fixtures and attached to the generator for code compliance, wiring is by others. m. Lights include Yeadon's protective hoop net protection, one per fixture. n. FURNACE/INFLATION/STANDBY: Each sophisticated inflation package comes complete with (2) 2.60MBTU indirect fired fumace(s) with a full modulating burner, stainless steel heat exchanger, thermostatic temperature control and all state of the art operating components. The inflation package consists of dual high efficiency electric motor, fans, motorized dampers for pressure control and a full automation system. Designed to match existing vaults. o. The standby inflation system consists of two (2) -100 KVA generators. One is sized to run both complete inflation systems, the other to run all 110 lights. The standby system will detect power outages and automatically start the inflation systems and run the full lighting package. Automatic transfer switches are included. Wiring and piping to the generators is not included. p. The above components are contained within a weatherized steel housing that is insulated for sound. There are access doors and panels conveniently located around the unit. There is only one electrical and one gas connection required in getting the system up and running. Page 4 of 5 Friday, April 27, 2018 5. Site Security 6. Unsuitable soils -Once subgrade has been established, a proof roll will be required to ensure structure stability of the soils. In the event that unsuitable soils are encountered, a price to remedy the areas will be negotiated between owner and contractor. 7. Installation of manholes, junction boxes, gab ions, concrete or rock rip rap, storm drainage not related to the field construction, grate inlets, RCP 8. Relocation, removal of existing utilities not limited to electrical conduits, power poles, water, sewer, gas cable, telephone, storm drainage, irrigation heads, lines, valve boxes or wiring of same 9. Permits and fees are responsibility of owner 10. Construction signs (If necessary, are responsibility of owner) 11. Small vehicle to tow FieldTurfmaintenance equipment 12. Geotechnical investigation of site 13. Site preparation required for the Yeadon Dome Replacement be done by the Owner or others: i. Work Associated With Removal: 1. Owner/GC must clear dome of lights, poles, nets, goals and equipment prior to Yeadon dropping the old dome. 2. All electrical and gas disconnect of the existing inflation equipment. 3. Removal of the existing western grade beam. ii. Work Associated With Reinstallation: 14. Energy analysis 1. All electrical design and redistribution for the new suspended light system. This includes the expanded dome area and retrofit of existing power to new LED light receptacles and plugs. Yeadon will include wire to the base of the dome, 1 SO cord for every 4 to 5 new LED fixtures. 2. All electrical and gas reconnect to new inflation units. 3. Any electrical, mechanical or civil design, components or installation other than what is noted in our proposal. 4. All electrical distribution and connection for the new generators including connection of the Automatic Transfer Switches, all 110 lights, new inflation systems and any other equipment that connects to the new generator. 5. New NG or LP supply to the new generator. 6. New grade beam for the added length of the dome. This includes any fill in of any existing openings that may be vacated. 7. Sealing of new entrance doors into any new building attachments. 8. Supply of an ethernet connection at each inflation system (if any). 15. Local engineering stamps beyond structural, any electrical or mechanical renovation or design with engineered drawings that may be required by local authorities. 16. Any costs of installation other than noted, construction, supervision, site preparation, site access 17. Excavation 18. Concrete 19. Grade Beam Construction 20. Embedded equipment 21. Site or fence modification and/or restoration 22. Bringing utilities to the site and any electrical or gas distribution and hook up. CONDITIONS: ** To be eligible for infill reuse, FieldTurfwill follow the steps below to assure quality and performance is met. If the infill passes all our internal testing, the option of infill reuse is plausible. 1. Collection: The first step is to collect some of the infill from the field. Our skilled collection team will remove infill from -3 square feet using our infill extraction protocol and measure infill depths in several locations; 2. Diagnosis: The collected infill materials will be sent to our Innovation and Performance Center to be analyzed. The testing protocol includes key considerations for the following categories: Cleanliness -Unwanted material Page 5 of 5 Friday, April 27, 2018 NOTES: Shock Attenuation/ Gmax - % Fines -Infill Mix -Ability to re-install -Moisture Level Notwithstanding any other document or agreement entered into by Field Turf in connection with the supply and installation only of its product pursuant to the present bid proposal, the following shall apply: a) This bid proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force mqjeure; b) Final payment shall be upon the substantial completion ofFieldTurfs obligations; c) FieldTurf requires a minimum of 21 days after receiving final approvals on shop drawings to manufacture, coordinate delivery and schedule arrival of installation crew. Under a typical field size and scenario, FieldTurffurther requires approximately 120 days unencumbered access to the field to complete the field, subject to weather, other delays beyond the control ofFieldTurf and force majeure. d) Field Turf requires a suitable staging area. Staging area must be square footage of field x 0.12, have a minimum access of 15 feet wide by 15 feet high, and, no more than 100ft from the site. A 25 foot wide by 25 foot long hard or paved clean surface area located within 50 feet of the playing surface shall be provided for purposes of proper mixing of infill material. Access to any field will include suitable bridging over curbs from the staging area to permit suitable access to the field by low clearance vehicles. e) This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary, additional charges will apply. f) Field Turf shall be entitled to pursue all costs and expenses, including attorney fees, associated with collection procedures of payment of any past due invoice. g) All colors are to be chosen from FieldTurfs standard colors . h) The FieldTurfproduct carries an eight (8) year yd party insured warranty . i) Payment Term: 50% upon execution, 30% upon delivery of dome material to site, 15% upon substantial completion (surface usable) and 5% upon COC. The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction. The price of the base preparation is subject to increase in the event FieldTurf encounters any of the following site conditions: soil contamination; bedrock; unknown utilities; underground springs; unstable or unsuitable ground; and any concealed or unknown conditions. Please contact Eric Fisher if you have any questions or require additional information regarding FieldTurfs SmartBuy Cooperative Purchasing Program. 888-209-0065, ext. 246 or via e-mail at eric.fisher@fieldturf.com. Be sure to visit our website at www.fieldturf.com ,mA AWARDED Jl-fi C ONTRACT May 3, 2018 Doug Brady St. Croix Valley Recreation Center 1675 Market Dr. Stillwater, MN 55403 Phone: 651.430.2601 Email: recctr @ci .stillwater.mn .us Re: Proposal for Professional Services St. Croix Valley Rec. Center Stillwater, Minnesota Loucks Proposal No. P18106.00 Dear Mr. Brady, I . LOUCKS Thank you for your interest in our proposal to provide professional civil engineering and surveying services for the St. Croix Rec Center project proposed in Stillwater, Minnesota. We look forward to working with you. We have based our proposal on the phone conversations and meetings we have had for this project and associated project documents received on February 22, 2018. We understand the project will consist of a 9,555 sf addition to the existing dome facility and modification of the existing parking lot and sidewalk to accommodate the work. The general scope of this portion of the project will include: a. Partial Boundary and Topographic Survey as shown on the attached survey limits. b. Analysis of existing stormwater ponding on-site. This information will be used for stormwater treatment required by the Brown's Creek Watershed District for the addition. We have proposed our surveying scope to include a topographic survey of the impacted area and a partial boundary survey of the property lines adjacent to the pond. We will also use the survey information to analyze the existing pond to determine if the pond can be used for stormwater treatment for the addition which will be required by Brown's Creek Watershed District (BCWD). Those requirements are triggered when a project re-develops impervious surfaces that when aggregated with ex isting surfaces exceed 10,000 sf of impervious area, which we expect this project will. Loucks has the experience and staff available to complete this project in a timely and efficient manner. Our combination of design and technical expertise allows us to provide you with a comprehensive approach that incorporates creative design concepts based on real world, buildable solutions. We have an excellent team ready to assist you in this process. Loucks considers this document a contract for the work described below. As such, if there are any items which do not meet your needs, please let us know and we will make the necessary adjustments. PLANNING I CIVIL ENGINEERING I LAND SURVEYING I LANDSCAPE ARCHITECTURE I ENVIRONMENTAL www.loucksinc.com I 7200 Hemlock Lane, Suite 300, Maple Grove, MN 55369 I 763 .424.5505 Mr. Doug Brady SCVRC A. SCOPE OF WORK 1. SURVEYING SERVICES 1.1 Partial Boundary and Topographic Survey Loucks will: May 3, 2018 ?18106.00-Page 2 From the legal description and title insurance commitment provided to us by you, we will perform a topographic survey, within the prescribed Survey Limits, including the following: a. Identify the west boundary of the subject property (PID 32.030.20.31.0012). b. Location of visible surface features, such as buildings, drives, parking lots, utilities and fences. c. One-foot contours of the site. d. Spot elevations on significant structures and features. e. Portrayal of underground utilities on the site based upon a Gopher State One Call request, and mapping provided by utility operators. f. Easements either observed or as evidenced by recorded documents cited in the title insurance commitment. 2. CIVIL ENGINEERING SERVICES 2.1 Pond Analysis Loucks will: a. Coordinate with the watershed to acquire pond design data and to confirm the rules and process. b. Coordinate with the City to acquire any information they may have for the pond design. c. Analyze the existing pond to determine the capacity to accommodate the runoff from the altered area. We will work with the BCWD to determine the criteria for the project stormwater runoff treatment. d. Perform Hydrologic calculations to determine what stormwater treatment is needed for the addition. e. Prepare a Preliminary sketch plan of the designed treatment system. Prepare a Preliminary Site Demolition Plan showing the site features and underground utilities to be removed. B. ASSUMPTIONS a. The survey limits will be as shown on the attached sketch. C. COMPENSATION 1. Fees a. Compensation for services described in the Scope of Services above shall be for an amount in accordance with the following: SURVEY & CIVIL ENGINEERING SERVICES 1. 1 Partial Boundary and Topographic Survey 2. 1 Pond Analvsis TOTAL FEE $ 8,400 3,500 $11,900 Mr. Doug Brady SCVRC May3,2018 P18106.00-Page 3 D. b.Reimbursable expenses (mileage, delivery service, etc.) shall be billed in addition to the lump sum or unit prices quoted above. We estimate the reimbursables will total less than $500. d.Invoices will be sent once a month based on the percentage of work completed and/or additional services performed through the date of billing. 2. Payments a.Payment for work completed is due upon receipt of invoice. Late payments will accrue interest at a rate of 1 % per month. CLOSURE Only the services listed above in the Scope of Work are included in this proposal. Loucks has reviewed the needs of this project and the work outlined in this proposal is our best estimate of the scope of work. If the work extends beyond this scope we will provide written notification to the owner, and additional service fees will either be per the attached hourly rate fee schedule or a lump sum amount as mutually agreed by the parties. Revisions to the design plans which are required by you, the Owner, the City, its consultants or the Watershed District, if it is not clearly demonstrated that the cause for change is an error or omission on Loucks behalf, will be considered additional services. Attached to this proposal are Loucks General Conditions and Hourly Rate Fee Schedule, which are part of this agreement. By signing this contract, you are agreeing that they have been read, understood and accepted. We would appreciate the opportunity to personally discuss this proposal/contract with you at your earliest convenience. Sincerely, LOUCKS J h� M.�ne .. h I !EED AP BD+C !cipal Civil Engin�1 Encl. Loucks General Conditions Loucks Hourly Rate Fee Schedule ACCEPTANCE BY: By: Ted Kozlowski, Mayor City of Stillwater 7hJu� · fl.,{1jft{) v���oJ, Project Manag r Date: May 15, 2018 Loucks is an Equal Opportunity Employer HOURLY RATE FEE SCHEDULE Effective January 1, 2018 • • LOUCKS Services performed on an hourly basis will be invoiced based on actual hours worked in accordance with the following itemized staffing descriptions. Reimbursable external expenses including, but not limited to, sub- consultants, duplication, messenger service, travel, postage and expendable field supplies will be billed to the client at the actual rate, plus 10%. DISCIPLINE JOB CLASSIFICATION HOURLY RATE Planning Senior Planner ................................................................. $186 Senior Site Designer .......................................................... 133 Landscape Architecture Principal Landscape Architect ........................................... 188 Senior Landscape Architect ............................................... 152 Landscape Architect .......................................................... 133 Site Design Technician ...................................................... 120 Engineering Principal Engineer .............................................................. 200 Senior Project Engineer I Manager ................................... 176 Project Engineer I Manager ............................................... 160 Engineer in Training (Eln .................................................. 133 Senior Engineering Technician .......................................... 122 Engineering Technician ..................................................... 100 Senior Construction Representative ................................. 130 Construction Representative ............................................. 100 Surveying Principal Surveyor .............................................................. 200 Senior Surveyor ................................................................. 175 Project Surveyor (LSID ...................................................... 133 Senior Survey Technician ................................................... 122 Survey Technician .............................................................. 107 Survey Crew Chief ............................................................. 125 Instrument Person ............................................................. 100 Two Person Survey Crew* ................................................. 225 One Person Survey Crew* ................................................. 165 Scanning 3D Imaging Crew Chief with Scanner ............................... 280 3D Imaging Technician ...................................................... 150 Graphics Graphic Designer ............................................................... 125 Graphic Artist .................................................................... 110 Administration Administration Assistance (Clerical) .................................... 92 *For Projects Requiring Certified Health & Safety Training Add Per Employee ..................................... 55 Reimbursable Expenses Mileage .............................................................. per mile 0.55 Mylar Film .............................................................. each 25.00 Plan Size Photocopies I Blueprints .......................... each 2.50 Photocopies -Black & White (8 Yi x 11) .................. each 0.10 Photocopies -Color (8 Yi x 11 ) ................................ each 0.50 Photocopies -Black & White (11 x 17) .................... each 0.15 Photocopies -Color (11 x 17) .................................. each 1.00 PLANNING I CIVIL ENGINEERING I LAND SURVEYING I LANDSCAPE ARCHITECTURE I ENVIRONMENTAL GENERAL CONDITIONS I. LOUCKS 1.0 CLIENT RESPONSIBILITY 1.1. The CLIENT shall provide or make available all existing data that could possibly have a bearing on the decisions or recommendations made by Loucks including: 1.1.1. The CLIENT shall provide a copy of an Abstract or Title commitment for the parcel within seven (7) days of agreement date. 1.1.2. The CLIENT shall provide a copy of all staff reports, meeting minutes and pertinent correspondence as they become available. This information shall be furnished as expeditiously as necessary for the orderly progress of Loucks services and of the work. 1.1.3. The CLIENT shall provide, as requested, information regarding requirements for the Project that shall set forth the CLIENT's design objectives, constraints and criteria, including building area, building types and site requirements. 1.1.4. The CLIENT shall examine the -documents prepared by Loucks and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of Loucks services. 1.1.5. The CLIENT shall furnish reports and professional recommendations and other services of soil engineers or other consultants when such services are deemed necessary by Loucks. Consultants hired by the CLIENT shall carry liability, errors and omission and other pertinent insurance. The services may include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, etc. 1.1.6. Loucks shall receive copies of all soil borings, compaction tests and reports. 1.2. If the CLIENT observes or otherwise becomes aware of any fault or defect in the Project or non conformance with the Construction Documents, prompt written notice thereof shall be given by the CLIENT to Loucks. 1.3. The CLIENT shall provide for Loucks right to enter from time to time property owned by the CLIENT and/or others in order for Loucks to fulfill the Scope of Services indicated herein. The CLIENT understands that use of equipment may unavoidably cause some damage, the correction of which is not part of this agreement. 2.0 PAYMENT TO LOUCKS 2.1 . Invoices will be submitted to the CLIENT from time to time, generally monthly but no more frequently than every two weeks and shall be due and payable within thirty (30) calendar days of the invoice date. 2 .2 . If the CLIENT objects to all or any portion of an invoice, the CLIENT shall so notify Loucks in writing within thirty (30) calendar days of the invoice date, identify the cause of disagreement and pay when due that portion of the invoice, if any, not in dispute. The CLIENT forfeits his objection by failure to respond within thirty (30) days. Loucks and CLIENT shall strive to resolve disputed amounts within 45 days. If the dispute cannot be resolved, either party has the right to suspend or terminate this agreement. 2.3. The CLIENT shall pay an additional carrying charge of one (1.0) percent of the invoice amount per month for any payment received by Loucks more than thirty (30) calendar days from the date of the invoice, excepting any portions of the invoice amount in dispute and resolved in favor of the CLIENT. 2.3.1. Payment thereafter shall first be applied to the carrying charges and then to the principal unpaid amount. 2.3.2. Application of the additional carrying charge indicated above as a consequence of the CLIENT's late payments does not constitute any willingness on Loucks part to finance the CLIENT's operation, and no such willingness should be inferred. 2.4. Payment of invoices is in no case subject to unilateral discounting or setoffs by the CLIENT . 2.5. If the CLIENT fails to pay undisputed invoiced amounts within sixty (60) calendar days of the date of the invoice, Loucks may at any time, without waiving any other claims against the CLIENT and without thereby incurring any liability to the CLIENT, suspend or terminate this agreement. PLANNING I CIVIL ENGINEERING I LAND SURVEYING I LANDSCAPE ARCHITECTURE I ENVIRONMENTAL www.loucksinc.com I 7200 Hemlock Lane, Suite 300, Maple Grove, MN 55369 I 763.424.5505 2.6 . (a) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (b) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. 2.7 . In the event that litigation is required to collect undisputed invoiced amounts, Loucks shall be reimbursed by the CLIENT for Loucks legal costs in addition to whatever other judgment or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by Loucks in researching the issues in question, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories and so on. The value of time spent and the expenses incurred shall be based on Loucks prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. The same considerations apply to the prevailing party, either the CLIENT or Loucks, when litigation or arbitration is needed to resolve properly noticed disputed invoiced amounts. 3.0 ADDITIONAL SERVICES AND/OR EXCLUDED SERVICES 3.1 . Unless specifically included in the Scope of Services, the following services are not included in this agreement. They shall be provided if agreed to in writing by the CLIENT and Loucks . In general, tasks not specified within the Scope of Services will be prepared in accordance with the prevailing hourly fee schedule . 3.2 . Revisions to plans that are requested by the CLIENT, the CLIENT's architect or representative or required by the city, its consultants, watershed, county surveyor, DNR, Corps of Engineers, or other regulatory agency if it is not clearly demonstrated that the cause for change is an error or omission on Loucks behalf. 3 .3 . The CLIENT shall also pay all Reimbursable Charges and other costs directly attributable to termination or suspension for which Loucks is not otherwise compensated. 3.4. If the services covered by the Agreement have not been completed within eighteen (18) months of the date of this Agreement, through no fault of Loucks, the amount of compensation shall be equitably adjusted using the prevailing hourly fee schedule. 3.5 . If the CLIENT requests a task be completed in a time frame which requires Loucks employees to work beyond 8 hours per working day (Monday through Friday), and it is solely based on the CLIENT's request and not Loucks integral workload, Loucks may negotiate additional compensation for fast tracking a specific task. 3.6 . In that it would be unfair for Loucks to be exposed to liability for his or her failure to perform a service the CLIENT has instructed Loucks not to perform, due to the CLIENT's preference or desire to obtain such service from another source, the CLIENT hereby waives any claim against LOUCKS and agrees to defend, indemnify and hold LOUCKS harmless from any claim or liability for injury or loss allegedly arising from Loucks failure to perform a service the CLIENT has instructed Loucks to not perform . The CLIENT further agrees to compensate Loucks for any time spent or expenses incurred by Loucks in defense of any such claim , in accordance with Loucks prevailing fee schedule and expense reimbursement policy. 3.7 . The CLIENT has relied on Loucks judgment in establishing the work scope and fee for this project, given the project's nature and risks. The CLIENT shall therefore rely on Loucks judgment as to the continued adequacy of this agreement in light of occurrences or discoveries that were not originally contemplated by or known to Loucks. Should Loucks call for contract re negotiation, Loucks shall identify the changed conditions which in Loucks judgment makes such re negotiation necessary, and Loucks and the CLIENT shall promptly and in good faith enter into re negotiation of this agreement to help permit Loucks to continue to meet the CLIENT's needs. If re negotiated terms cannot be agreed to, the CLIENT agrees that Loucks has an absolute right to terminate this AGREEMENT. 4.0 REIMBURSABLE EXPENSES 4 .1. In addition to the Compensation for Basic and Additional Services, the following Reimbursable Charges are due to Loucks from the CLIENT, for reasonable charges incurred or established by Loucks in the interest of the Project: 4.2. Transportation in connection with the Project, out-of-town travel, long-distance communications, blueprints, reproductions, copies, deliveries performed by Loucks or outside delivery services, and fees paid for securing approval by authorities having jurisdiction over the Project. 4.3 . The plat check fee and the cost of the plat mylars are reimbursable expenses to be paid by the CLIENT. 5.0 OPINION OF PROBABLE CONSTRUCTION COSTS 5.1 . If contained in the Scope of Services or if requested as an additional service, Loucks shall submit to the CLIENT an opinion of the probable cost required to construct work recommended, designed, or specified by Loucks. Loucks is not a construction cost estimator or construction contractor, nor should Loucks rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service that a construction cost estimator or construction contractor would provide. Loucks opinion will be based solely upon his or her own experience with construction. This requires Loucks to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professions engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the CONTRACTOR will employ; CONTRACTOR's techniques in determining prices and market conditions at the time, and other factors over which Loucks has no control. Given the assumptions that must be made, Loucks cannot guarantee the accuracy of his or her opinions of cost, and -in recognition of that fact -the CLIENT waives any claim against Loucks relative to the accuracy of Loucks opinion of probable construction cost. 6.0 CONSTRUCTION MANAGEMENT, OBSERVATION ANTI TESTING 6.1. Loucks shall render Construction Document interpretations necessary for the property execution or progress of those portions of the Work designed by Loucks with reasonable promptness. 6.2. Loucks will provide periodic observation of grading, utility and street construction activities as specified in under the SCOPE OF SERVICES. 6.3. Loucks will verify field measured quantities for payment to the construction contractor as specified under the SCOPE OF SERVICES. 7.0 SHOP DRAWING REVIEW 7.1. Loucks shall timely review and take appropriate action upon the construction contractor's submittals of Shop Drawings, Products Data and Samples. Such action shall be taken with reasonable promptness to insure job progress. Loucks review of a specific item shall not pass design responsibility for that item to Loucks when the design aspects are the responsibility of other designers. Instead this review would be to verity conformance of that specific item as a component within an entire assembly. 8.0 CONSTRUCTION STAKING 8.1 . Loucks shall be notified at least two (2) working days prior to the time that the construction stakes are required. No additional compensation shall be allowed for any claims of crews being held up because of lack of line and grade stakes. If Loucks survey crew arrives at the site to perform construction staking at a specified date and time as requested, but the scheduled work cannot be performed due to circumstances beyond Loucks control, the waiting and/or travel time will be considered additional services. 8.2. After any part of the staking has been completed, the CLIENT and/or contractor shall be responsible for the proper execution of the work such lines and grades and all stakes or other marks given shall be protected and preserved until the work is completed and checked. Restaking shall be considered as an additional service, less it is to correct an error in the original staking. 8.3. The CLIENT and/or contractor shall assist Loucks in staking utility lines by exposing potentially conflicting utility lines for determination of line elevation and location. 8.4. If Loucks is not retained to perform construction observation, the client or his representative shall review the construction staking and/or cut sheets for general conformity to the plans and immediately report any obvious discrepancies to Loucks. If work is performed after knowing a possible staking error exists, it will be at the sole responsibility of the CLIENT or Contractor. 8.5. The cost of resetting lost irons will be invoiced to the CLIENT at Loucks' standard hourly rates. 8.6 . Loucks shall be held harmless by the CLIENT for any losses resulting from houses that are staked by other surveyors prior to installation of lot corners. 9.0 JOB SAFETY 9.1 . Insofar as job site safety is concerned, Loucks is responsible for his or her own and his or her employee's activities on the jobsite, but this shall not be construed to relieve the CLIENT or any construction contractors from their responsibilities for maintaining a safe job site. Neither the professional activities of Loucks nor the presence of Loucks or his or her employees and subcontractors, shall be construed to imply Loucks has any responsibility for methods of work performance, superintendent, sequencing of construction, or safety in, on or about the job site. The CLIENT agrees that the Construction Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's agreement with the Construction Contractor. The CLIENT also warrants that Loucks shall be made an additional insured under the Construction Contractor's general liability insurance policy. 10.0 RECORD DRAWINGS 10.1. Upon completion of the work, Loucks shall compile for and deliver to the CLIENT, a complete set of record documents using information furnished to Loucks by the construction contractor and as measured by the field representatives. This set of documents shall consist of the original plan sheets altered by striking our original elevation or distance and writing the record information. 10.2. In that the record drawings are based partially on information provided by others, Loucks cannot and does not warrant their accuracy beyond that which Loucks is directly responsible. 10.3. A reproducible set of the record drawings will be provided for the City's use and the originals retained in Loucks files for future use. 11.0 STANDARD OF PRACTICE 11.1. Services performed by Loucks under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report opinion, document or otherwise. 12.0 TERMINATION OF AGREEMENT AND/OR SUSPENSION OF WORK 12.1 . This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 12.2. This Agreement may be terminated by the CLIENT upon at least seven days written notice to Loucks in the event that the project is permanently abandoned. 12.3. The CLIENT may instruct Loucks to temporarily stop work on the project by giving written notice. 12.4. The CLIENT shall pay all costs associated with the suspension or termination of work, including demobilization, modifying schedules, reassigning personnel, etc. 13.0 MISCELLANEOUS PROVISIONS 13.1. This Agreement shall be governed by Minnesota Law. 13.2. The CLIENT and Loucks waive all rights against each other and against Loucks, agents and employees of the other for damages during construction covered by any property insurance. The CLIENT and Loucks each shall require appropriate similar waivers from their contractors, consultants and agents. Where any property insurance policy requires an endorsement to permit waiver of subrogation, the CLIENT shall obtain such endorsement. 13.3. Loucks shall remain the owners of all plans, designs and papers related to the above referenced project. In the event of any nonpayment of invoices, Loucks shall be under no obligation to deliver any such plans, designs or other papers to you, and shall have no liability to you for its retention of such plans unless full and prompt payment is made. 14.0 INDEMNIFICATION 14.1. The CLIENT shall indemnify and hold harmless Loucks, his agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (even to the Work itself) including loss of use or resulting therefrom, and (b) is caused in whole or in part by a negligent act or omission of the CLIENT, anyone directly or indirectly employed by him, or anyone for whose acts he may be liable. Such obligation shall be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 15.0 ASSIGNMENT 15.1 . The CLIENT and Loucks, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the CLIENT nor Loucks shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 16.0 EXTENT OF AGREEMENT 16.1. This Agreement comprises a final and complete repository of understanding between the CLIENT and Loucks. It supersedes all prior or contemporaneous communications representations or agreements whether oral or written, relating to the subject matter of this agreement. Each party has advised the other to read this document thoroughly before accepting it, to help assure it accurately conveys meaning and intents. Acceptance of this agreement as provided for below signifies that each party has read the documents thoroughly and has had any questions or concerns completely explained by independent counsel and is satisfied. The CLIENT and CONSULT ANT agree that modifications to this Agreement shall not be binding unless made in writing and signed by an authorized representative of each party. 16.2. Any notice given hereunder shall be deemed served when hand-delivered in writing to an officer or other duly appointed representative of the party to whom the notice is directed, or if sent be registered or certified mail to the business address identified at the end of this agreement. 17.0 AFFIRMATIVE ACTION 17 .1 . Loucks certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.074. APPROVAL OF CONTRACT WITH FIELD TURF FOR THE TURF AND DOME REPLACEMENT AT THE ST. CROIX VALLEY RECREATION CENTER WHEREAS, the contract with Field Turf was submitted pursuant to the National Joint Powers Alliance (NJPA) pricing; and WHEREAS, this entity provides predetermined and preferential pricing through approved vendors; and WHEREAS, since prices were bid at the national level, individual cities do not need to duplicate the public bidding process ; and WHEREAS, further NJPA provided was the vendor when the original dome was installed under the same NPJA pricing. BE IT RESOLVED, the City Council of Stillwater, MN hereby approves that the contract between the City of Stillwater and Field Turf for the turf and dome installation, as on file with the City Clerk. BE IT FURTHER RESOLVED, that the Stillwater City Council authorize the Mayor and City Clerk to sign the contract on the City’s behalf. Adopted by the City Council of the City of Stillwater this 15th day of May, 2018. Ted Kozlowski, Mayor ATTEST: __ Diane F. Ward, City Clerk APPROVAL OF CONTRACT WITH LOUKS LAND SURVEY AND ENGINEERING SERVICES FOR THE ST. CROIX VALLEY RECREATION CENTER WHEREAS, as part of the St. Croix Valley Recreation Center project a boundary and topographic survey and pond analysis must be completed; and WHEREAS, the contract for the professional service for an engineer and surveyor which can be negotiated and not publicly bid. BE IT RESOLVED, the City Council of Stillwater, MN hereby approves that the contract between the City of Stillwater and Louks Land Survey and Engineering Services for boundary and topographic survey and pond analysis relating to the St. Croix Valley Recreation Center project, as on file with the City Clerk. BE IT FURTHER RESOLVED, that the Stillwater City Council authorize the Mayor and City Clerk to sign the contract on the City’s behalf. Adopted by the City Council of the City of Stillwater this 15th day of May, 2018. Ted Kozlowski, Mayor ATTEST: __ Diane F. Ward, City Clerk 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING May 15, 2018 SPECIAL MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER 1. Discussion on possible updates of various chapters to the City Code a. Chapter 30 – Garbage & Rubbish b. Chapter 22 – City Administration 2. Human Rights Commission Request – Youth Handbook & Application 3. Discussion on draft of City Council/Boards/Commissions Handbook REGULAR MEETING 7:00 P.M. IV. CALL TO ORDER V. ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. APPROVAL OF MINUTES 4. Possible approval of the April 27, 2018 closed meeting and May 1, 2018 regular, recessed, and closed meeting minutes. (Closed meeting minutes available Tuesday) VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 5. Presentation of Heritage Preservation Awards – Brian Larson IX. 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. X. STAFF REPORTS 6. Police Chief 7. Fire Chief 8. City Clerk 9. Community Development Dir. 10. Public Works Dir. 11. Finance Director 12. City Attorney 13. City Administrator 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 2018-103, directing payment of bills 15. Resolution 2018-104, approval of Cooperative Agreement between the City of Oak Park Heights, the City of Stillwater and Washington County for maintenance of the traffic control signal system at the intersection of County State Aid Highway (CSAH) 24 (Osgood Avenue) and County Road (CR) 62 and 62nd Street North 16. Resolution 2018-105, approving the transfer of an On-sale, Sunday and Off-sale Liquor Licenses to the Elevage Hotel Group, LLC, DBA: Lora/Feller/The Long Goodbye/MADE 17. Resolution 2018-106, approving the transfer of an On-sale and Sunday Liquor Licenses to the Two Brians LLC, DBA: Brine’s 18. Resolution 2018-107, approving business name (DBA/Trade Name) change of Stillwater Liquors to Cellars Wine & Spirits 19. Possible approval of retail fireworks permit – Cub Foods 20. Possible approval of retail fireworks permit – Dollar Tree 21. Possible approval of retail fireworks permit – Target 22. Resolution 2018-108, approval of reappointment to the Board of Water Commissioners 23. Resolution 2018-109, approval of appointment to Human Rights Commission XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 24. Case 2018-25. This is the date and time for a public hearing to consider a request by Our Savior’s Lutheran Church, property owner and Anne Stanfield representing Ecumen, applicant, for the consideration of a minor amendment to the previously granted PUD and SUP for the property located at 1616 Olive St W and 114 Brick St in the RA district. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 27, 2018. 25. This is the date and time for a public hearing with respect to granting host approval to the issuance of revenue obligations to finance a multifamily housing development located in the City of Stillwater, in accordance with the provisions of Minnesota Statutes, Chapter 462c, as amended; and approving · a housing " ·program - for · the multifamily housing development XIII. UNFINISHED BUSINESS 26. Possible approval of contracts for St. Croix Valley Recreation Center project (Resolution-Roll Call) (Available Tuesday) XIV. NEW BUSINESS 27. Request by applicant to reconsider the denial of the ordinance to allow limited retail in the BP-I Zoning District 28. Crosby Hotel Design Permit Reconsideration 29. Possible approval of Event permit for the Maple Island Brewery 30. Approval of agenda for Joint Work Session with the Cities of Bayport, Oak Park Heights and Stillwater XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS 31. Beyond the Yellow Ribbon update XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT Date: May 8, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Chapter 30, Garbage & Trash Reviewed By: Tom McCarty, City Administrator David Magnuson, City Attorney Danielle Lesmeister, Sr. Environmental Specialist, Washington County Dept. of Public Health & Environment Susan Young, Lead Environmental Scientist – Environmental Foth Infrastructure & Environment, LLC - Consultant for Washington County Dept. of Public Health & Environment HISTORY: Chapter 30 – Garbage and Rubbish was codified in 1998 with minor ordinance changes since that time. Chapter 30 needed to be updated to include recycling, organics, reference to Minnesota Statute and Washington County’s Solid Waste Plan. Attached is the proposed Chapter 30 - Solid Waste and Recycling. As part of the recycling grant received from Washington County, this ordinance update was referenced as a project which provided the City assistance/expertise from Washington County Dept. of Public Health & Environment and its environmental consultant from Environmental Foth Infrastructure & Environment at no cost to the City. At the September 5, 2017 meeting, staff presented three (3) questions regarding the update of Chapter 30, Garbage & Trash of the Stillwater City Code. 1. Does the City want mandatory recycling in the commercial areas (mandatory in residential areas)? Council was in favor of the mandatory recycling, however direction to staff was to provide information how the requirement fits with the “organizing” in State Law. City Attorney Magnuson provided the following opinion: The state law that contemplates “organizing” solid waste collection is primarily concerned with the unfair displacement of existing haulers. The effort you have discussed involves having them be licensed, and thereby having their contact information, perhaps proof of liability coverage and setting reasonable limits, or even hours of pick up and operation. This sort of regulation does not involve eliminating haulers or putting a cap on the number that can operate in the downtown. Therefore, you are clear to enact the proposed regulation without fear of violating state law. Staff has removed mandatory commercial recycling mandate to meet and explore options to engage the commercial businesses in the benefits of recycling and the BizRecyling Grant offered by Washington County. It should be noted that Minnesota Statutes does have requirements for commercial recycling. Minnesota Statutes 115A.151 Recycling Requirements; Public Entities; Commercial Buildings; Sports Facilities (a) A public entity, the owner of a sports facility, and an owner of a commercial building shall: (1) ensure that facilities under its control, from which mixed municipal solid waste is collected, also collect at least three recyclable materials, such as, but not limited to, paper, glass, plastic, and metal; and (2) transfer all recyclable materials collected to a recycler. (b) For the purposes of this section: (1) "public entity" means the state, an office, agency, or institution of the state, the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control Commission, the legislature, the courts, a county, a statutory or home rule charter city, a town, a school district, a special taxing district, or any entity that receives an appropriation from the state for a capital improvement project after August 1, 2002; (2) "metropolitan agency" and "Metropolitan Council," have the meanings given them in section 473.121; (3) "Metropolitan Mosquito Control Commission" means the commission created in section 473.702; (4) "commercial building" means a building that: (i) is located in a metropolitan county, as defined in section 473.121; (ii) contains a business classified in sectors 42 to 81 under the North American Industrial Classification System; and (iii) contracts for four cubic yards or more per week of solid waste collection; and (5) "sports facility" means a professional or collegiate sports facility at which competitions take place before a public audience. 2. Does the City want to license haulers? Council wanted more information on the licensing process in other cities to demonstrate the staff intensity of the licensing process and if the City licensed haulers, how does it comply or relate to the State’s Waste Management statute and organized collection. Most of the cities follow varying aspects of the following process and staff would recommend the following for the City of Stillwater: The haulers provide: Proof of insurance for property damage liability, general liability, and bodily injury liability.(Minimum amount: $2,000,000 per occurrence.) and workers compensation Service addresses to be served in the City. Indemnification. Surety bond or cash deposit of $10,000. Yard and Recycling waste service plan. (Including location of composting or disposal site.) If applicable to service provided. List & Description of vehicles. Rates and fee structure for services License Fee Staff does not check haulers for safety. If hauler’s vehicles are not road worthy that is enforced by Police and State Patrol. Violations of City Code, after haulers have been licensed, is addressed by a Code Enforcement Officer (typically on a complaint basis) or with an Administrative Fine. Renewal process: 1. Print License Renewal Applications forms 2. Prepare Letter of renewal to send along with the application 3. Renewals are mailed out in October 4. Applications are reviewed for completeness as they arrive at City Hall and any internal checks (BBB, Complaints, etc.) 5. Licenses approved by resolution of the City Council 6. After Council approval, licenses are mailed. 7. Those who have not renewed their license by the last Council Meeting in December would not be able to operate within the City until approved by Council. If this happens, a letter is mailed to the license hauler notifying them they do not have a license to operate within the City. A copy of the letter is given to the Police Department for enforcement. 8. For certain ordinance violations, the city adopted an Administrative Penalty. Staff feels that this process would be done when our other renewal licenses are processed in September for mailing in October, Council approval in November. Cities in Washington County that currently license haulers (with associated fees) are: Cottage Grove $350.00 Oakdale $850.00 (Comm. Incl. Roll Off) Roll-off Only: $450.00 Afton $100.00 Woodbury $500.00 plus $75.00 per truck Forest Lake $50.00 Hugo: $540.00 for the application plus $165.00 Oak Park Heights $150.00 Mahtomedi $250.00 City of White Bear Lake $150.00 Lake St. Croix Beach No fee Stillwater Township $100.00 St. Paul Park $200.00 Roll-Off Only: $250.00 Average License Fee: $294.55 Staff recommends: $300.00 – hauler license $50.00 – roll off only 3. Should owners of rental property be required to put garbage bills in their name rather than the renter’s name? Council consensus was that rental property owners, are ultimately responsible for the garbage bill (delinquency is assessed to property owner’s taxes) and therefore should be required to put the garbage bill in their name. Items 2 & 3 are addressed in the attached draft ordinance. ACTION REQUIRED: Review the information and proposed ordinance. If Council conceptually approves the proposed ordinance, they should pass a motion directing staff bring the formal ordinance before the Council for its first reading on June 5, 2018. Page 1 of 15 ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 30 OF THE STILLWATER CITY CODE, ENTITLED GARBAGE AND RUBBISH The City Council of the City of Stillwater does ordain: 1. AMENDING. The Stillwater City Code, Chapter 30, entitled “Garbage and Rubbish” is deleted in its entirety and hereby replaced with the following: CHAPTER 30 SOLID WASTE AND RECYCLING ARTICLE I. GENERAL REGULATIONS Sec. 30-1. Purpose. This adopted ordinance is the City’s goal to improve solid waste management and to serve to the following purposes: 1. Achieve a reduction in waste generated. 2. To protect the public health, safety, comfort, convenience, and general welfare of the residents of the City. 3. Encourage the separation and recovery of materials and energy from waste. 4. To establish powers, duties, rules, regulations, and standards for the removal of solid waste from the City. 5. Promote best management practices in solid waste management to protect air quality, water quality, and natural resources. 6. Provide high quality solid waste and recycling services in the most cost-effective manner possible. 7. To promote programs and recommend policies to reduce waste and promote yard waste reduction through separation of recyclables and yard and garden wastes; and encourage the purchasing of products that are most durable or contain recycled or recyclable materials. 8. To meet minimum standards and requirements established by rules of the Minnesota Pollution Control Agency regarding solid waste. 9. To assure that the City complies with the City’s current Comprehensive Plan, the current Washington County Solid Waste Management Master Plan and any updates to those Plans approved by the City or the County. 10. To provide for the administration of the ordinance. The City has authority to enact ordinances for these purposes under Minn. Stats. § 412.221, subd. 22, which requires the City council to provide for or regulate the disposal of garbage, recycling and other solid waste. Sec. 30-2. Definitions. The following terms, as used in this Chapter, shall have the meaning stated: Page 2 of 15 Abatement means the processes required to remove an assessment once charges have been certified to the county auditor for collection with the real estate taxes. Additional/overflow garbage means garbage in excess of the capacity of the City-provided garbage cart with the lid in the fully closed position. Appliances means a device or instrument, especially an electrical device, designed to perform a specific function for household use. (Examples: washer, dryer, water heater, toaster, microwave, dehumidifier, air conditioner, etc.) Bulky Waste shall have the meaning set forth in Minnesota Statutes 7035.0300 and is a subset of Municipal Solid Waste (MSW). Includes household items and other discarded materials that due to their dimensions and weight are typically not collected as part of the regular trash and recycling or for which may have a separate fee, such as furniture, carpeting, mattresses, and appliances including Consumer Electronics. Cart, or Curbside Cart are containers for MSW, Recyclables or Yard Waste equipped with wheels and a lid in the following standardized sizes (approximate capacities): 32-gallon (Small), 64-gallon (Medium), 96-gallon (Large) further referred to as “Small”, “Medium”, or “Large.” Ownership is retained by the City’s contracted garbage hauler. City-contracted garbage hauler is the company that the City contracts with in accordance with Minn. Stats. § 115A.94 to provide residential garbage and recycling collection and disposal services in the City. The City-contracted garbage hauler is the sole garbage hauler for single-family and multi-family residential properties in the City. Collection by the City means all trash and recycling accumulated in residences in the City shall be collected, conveyed and disposed of by the City or by its duly authorized contractor. No person shall collect or dispose of any trash and recycling accumulated on residential premises of the City except the City or its designated contractor without the permission of the City. Containers means trash, organics and recycling containers (i.e. 2,4,6, or 8 yard commercial container or roll-off boxes) which shall be equipped with suitable handles and tightfitting covers, and shall be watertight. Collection Day means the normal day for pick-up of MSW, recyclables, yard waste, and other materials outlined in this chapter. Collection service means the process of collection and transportation of garbage, yard waste, recyclables, and bulky waste and/or source-separated organic materials by City-contracted garbage hauler to a processing facility. Commercial property means properties in the City that are classified generally as commercial or business in the City zoning code that generates garbage and recyclables and are typically serviced by a hauler of the business’ choice. County means County of Washington, in Minnesota. Composting means a method of recycling yard waste by allowing it to decay and then using it as a soil amendment. Consumer Electronics shall have the meaning set forth in Minnesota Statutes and means any discarded device generated in a Residential Unit with a circuit board, including (but not limited to): televisions, computers, laptops, tablets, computer monitors, peripherals (e.g., keyboard, printer, mouse, etc.), cell phones, PDAs, DVD recorders/players and video cassette recorders/players, and fax machines. Page 3 of 15 Construction debris means building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings, roads or other facilities. Contractor's garbage bill means the contractor's bill for services, from either the City-contracted garbage hauler or a commercial hauler, which is directly submitted to customers. Curb or Curbside means that portion of the right-of-way adjacent to paved or traveled roadways, including alleys. Day-certain collection means a City-approved plan for weekly collection services by an established day- certain schedule which requires garbage, yard waste, recyclables, and source-separated compostable materials collections on the same day of the week, and which is based on a five-day workweek (Monday through Friday). Disposal means the treatment, utilization, processing, transfer or deposit of Solid Waste. Excess Household Waste means waste that exceeds the capacity of the resident’s Cart and is subject to a special fee for pick up. Food waste means residential food waste and includes meal preparation and leftover food scraps from households intentionally separated at the source by residents for the purpose of backyard composting or separate collection for centralized recovery Hazardous Wastes has the meaning defined in Minnesota Statute 115A.96, state rule, and county ordinance. Wastes are hazardous in Minnesota when they display one or more of these characteristics: Ignitable, Oxidizer, Corrosive, Reactive, Toxic, or Lethal. Mixed Municipal Solid Waste (MSW) has the meaning set forth in Minnesota Statute 115A.03 and means garbage, refuse, and other waste materials from residential, commercial and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludge, tree and agriculture wastes, tires, lead acid batteries, used oil, and other materials collected, processed and disposed of as separate waste streams. Also referred to as “garbage”. Multiple Residential Dwelling Service means providing solid waste and recycling pick up to any structure containing more than three (3) dwelling units that does not meet the definition of a residential dwelling service. Non-targeted materials means materials that are not designated by the City, County or State as Recyclable. Normal Household Waste means Mixed Municipal Solid Waste (MSW) typically generated by Residential households. Owner means to be the owner recorded at the county auditor's office. Processing means the sorting, volume reduction, baling, containment or other preparation of Recyclables delivered to a facility for transportation or marketing purposes Processing center means A facility in which solid waste and recyclable materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. Recyclable Materials, Recyclables have the meaning set forth in Minnesota Statutes 7035.0300 and means material that are separated from MSW for the purpose of recycling or composting, including recyclables. At a minimum, the list of recyclables shall be inclusive of the Washington County Standard List of Residential Curbside Recyclables. Page 4 of 15 Recycling shall have the definition in Minnesota Statutes 7035.0300 and shall mean the process of collecting and preparing recyclable materials including yard waste and source-separated organic materials, and reusing the materials in their original form or using them in composting or manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Residential Dwelling Service means providing solid waste and recycling pick up to any single building consisting of one through four dwelling units with individual kitchen facilities for each and shall include multi-family, apartments including apartment dwellings in the central business district, condominium and townhouse buildings, Bed and Breakfast operations and businesses operating out of a residence. Single- family residences shall constitute one unit. Each unit of a multiple dwellings will constitute one unit for the purposes of this chapter. Residential Hauling District means an area of the City in which all residential mixed municipal solid waste, recyclable materials and yard waste are collected on the same day. Resource Recovery Facility means a waste and recycling facility contracted by and/or operated by the Ramsey/Washington Recycling and Energy Board (R & E Board) in which Solid Wastes are processed. Roll-Off Service means providing an open top dumpster characterized by a rectangular footprint, utilizing wheels to facilitate rolling the dumpster into place. Roll-offs are commonly used to contain loads of construction and demolition waste or other waste types. Senior or Adjusted Accounts means units where not more than two people reside within a household and that the head of household is 62 years of age or older or is retired by reason of permanent disability, regardless of age. Single-sort Recycling means the required Recyclables Collection method in which items designated as “Recyclable materials” or “Recyclables” are placed in a Recycling Cart, without being sorted, for Curbside Collection. Source Separate Organic Materials (SSOM) shall include food waste and other compostable organic materials that are source separate for recovery and as defined in Minnesota Statutes 7035.0300. The term “Organics” does not include Yard Waste for the purposes of this Ordinance. (Also referred to as “food waste/organics” and “source separated organics”.) Special Pick-up means any collection of material other than MSW, recyclables, or yard waste. Special Pick-up includes Bulky Waste and Construction/Demolition Waste. Tenant means a person who occupies/rents owner’s property. Volume Based Billing means a graduated rate structure based upon the volume of MSW collected from residential dwellings. Vectors of disease are animals, including, but not limited, to insects, mice, rats, squirrels, crows, flies and other vermin that are capable of carrying, transmitting and/or infecting humans with disease. Walk-up service means special garbage or recycling service that is provided from the side of the house or garage for which the contractor walks the cart or recycling container to and from the side of the house or garage and the collection vehicle that is applied for on a case-by-case basis. Waste Materials means stone, sod, earth, trees, tree branches, wood, concrete, contractor's building materials, large automobile parts, junk cars, tires, large appliances, inflammable liquids, manure or articles so heavy or bulky that they cannot be easily lifted by one person. Waste materials are not considered "mixed municipal solid waste" for the purposes of this chapter. Page 5 of 15 Yard Waste means items such as grass trimmings, leaves, garden wastes, twigs and miscellaneous tree seeds and cones and bundled brush no larger than 4’ x 2’ and under 40 pounds per bundle. Sec. 30-3. Consumer Regulations: Consumer Regulations are as follows: Subd. 1. Collection by the City. All trash garbage and recycling accumulated in residences in the City shall be collected, conveyed and disposed of by the City or by its duly authorized contractor. No person shall collect or dispose of any trash and recycling accumulated on residential premises of the City except the City or its designated contractor without the permission of the City. Subd. 2. Containers. Trash and recycling containers shall be only those authorized by the City and provided to the consumer by the City contractor and shall be equipped with suitable handles and tightfitting covers and shall be watertight. 1. Trash and recycling containers shall be stored out of view of the public street, except that the containers may be placed at curbside after 5:00 p.m. the day before the scheduled collection and on days scheduled for collection. The trash and recycling containers shall be made readily accessible to the collector by placing the container at curbside no later than 6:00 a.m. on the day of collection. 2. The consumer shall be responsible for the damage or loss of a container and shall be liable to the contractor for this damage, except that reasonable wear is expected. 3. No mixing of household waste, yard waste, hazardous waste, recyclables or other solid waste shall be permitted. 4. No container shall be unreasonably compacted by stuffing or otherwise. 5. A 30-gallon bag of waste shall not exceed 30 pounds, and a bag of yard waste shall not exceed 40 pounds. 6. All bags shall be closed at the top and the lid shall fit securely shut on each container. 7. Participants in Residential Dwelling Service as defined must participate in the recycling program. Subd. 3. Yard Waste. Yard waste shall be separated from MSW and recyclable materials. Sec. 30-4. Fees. The fees for collection per month are established by the City council in the agreement negotiated with the City's hauler. Subd. 1. The minimum charge for each dwelling unit shall be based on the fee for a 32-gallon (small) container. Multifamily residences of three four (4) or more units shall pay the mandatory rate for one (1) 32-gallon (small) containers per dwelling unit unless a different rate is negotiated between the contractor and the residence. Subd. 2. A residence shall be allowed to change container size at intervals of not less than two billing quarters and must give at least 30 day30-day notice to the contractor. When a proper notice is received, changes in fees will be made to the following quarter billing. Changes in containers and related fees shall only be made on a quarterly basis. Subd. 3. In the event a residence desires collection of normal household waste in excess of the waste held by the resident's container per week, they shall place the waste in bags not exceeding 30 gallons. Residents shall pay the contractor an additional charge for each additional 30-gallon bag. Subd. 4, Residents who will be continuously absent from the City for more than 90 days and have notified the City’s contracted hauler will not be charged during the period of their absence. Page 6 of 15 Sec. 30-5. Relief for senior citizens and the disabled. Relief for senior citizens and the disabled shall be as follows: Subd. 1. The City council may, in its discretion, waive the payment of any charges for solid waste collection when it determines by a majority vote as disclosed by the City Clerk that an application for relief has been received. The application for relief must state that That not more than two people reside within a household and that the head of household is 62 years of age or older, or retired due to permanent disability regardless of age, and that the payment of the solid waste charges and fees would be a hardship. Subd. 2. Persons seeking relief shall make application on a form prescribed by the clerk setting forth applicant's income at the time of the making of the application. Subd. 3. Determination of Income Eligibility: Current HUD Washington County Income Limits “Extremely Low Income Limits” and Sec.30-5, Subd. 1 (Formula: Total Gross Monthly Income minus monthly payment of residential mortgage or rental payments = Income Eligibility) Subd. 4. Relief granted hereunder shall terminate upon the occurrence of any of the following events: 1. The death of eligible persons, provided that the spouse is not eligible for the same relief; or 2. If for any reason, the City council determines that the payment of the solid waste fee would no longer be a hardship. Subd. 5. Walk-up service may be available for garbage or recycling which is applied for on a case-by-case basis. Sec. 30-6. Collection of charges. Subd. 1. In all residence buildings, it shall be the responsibility of the property owner to contract with the City’s hauler to provide for the collection of the mixed municipal solid waste and recycling in accordance with this chapter. The property owner shall be responsible and liable hereunder whether or not the said owner occupies or resides in the building and whether or not said premises is leased or rented to another. Sec. 30-7. Required Collection of Mixed Municipal Solid Waste. Subd. 1. All residential property owners are required to make adequate provisions for the sanitary disposal of MSW by means of a licensed private collector. However, residents of residential dwelling units may dispose of solid waste and recyclables, white goods, construction/demolition waste and yard waste in a manner which conforms to city and county ordinances and state statutes. Subd. 2. Any commercial property or any other structure in the City, including churches and halls, shall have garbage collected by haulers licensed by the City and shall comply with this section. Subd. 3. All garbage shall be disposed of in compliance with state law and county policies regarding required processing of waste. Sec. 30-8. Collection practices. Collection practices are as follows: Subd. 1. Contractor shall make MSW curbside pickup at all residential units in the City one time per each week. All MSW from each dwelling, including yard waste, bulk waste, and other material shall be collected on the same day. Subd. 2. Single-sort Recycling shall be unlimited in quantity and picked up at least every other week on the same day as MSW and other materials are collected. Page 7 of 15 Subd. 3. Daily service hours shall be between the hours of 67:00 a.m. and 7:00 p.m. for all areas of the City. No Collection service shall take place outside of these hours. Subd. 4. The pickup of normal and yard household waste is limited in quantity and the fee for collection of normal household waste and yard waste may be set from time to time by resolution of the City council. Subd. 6. All haulers shall also respond promptly upon request by the City to clean up any spills, loose Solid Waste, Solid Wastes blown out or vehicles or leakage of vehicle fluids that result from its operations. The Contractor shall promptly clean up any of the above if observed by employees or notified of it during the route. Sec. 30-9. Recycling Procedures. Subd. 1. Materials to be Collected. The City’s contracted hauler is required to pick up recyclable materials at every Residential Dwelling. The collection program must be pre-approved, in writing, by the City. The City Council, by resolution approving the City’s contract hauler agreement, establishes recyclable materials. In the event the City, County or State changes the list of recyclable materials, the City’s contracted hauler shall begin collection of any additional recyclable materials within 30 days of the adoption of the resolution unless written approval is obtained from the City. Subd. 2 Collection. City’s contracted hauler shall only collect recyclable materials properly prepared by the homeowner and placed in an approved recycling container. All licensed haulers shall provide single- sort recycling services to all properties. The hauler shall have full responsibility to determine which items are properly prepared, but should make every reasonable effort to collect all items set out by residents for recycling. The hauler shall not landfill or incinerate any recyclable materials collected, nor sell, trade or give materials to any person or business for the purpose of landfilling or incinerating said materials without the prior written consent of the City and the State of Minnesota. Subd. 3. Notifications. The hauler shall provide each new customer with detailed instructions on how to prepare recyclables for collection. Haulers must notify customers at least thirty (30) days in advance before changing their recycling collection system and provide detailed instructions on how to prepare recyclables under the new system. Haulers shall also notify customers at least once each year of proper recyclables preparation for collection, including the list of recyclable materials. Sec. 30-10. Yard Waste and SSOM Procedures. Subd. 1. Frequency of Collection. Each licensed hauler shall make weekly collection of yard wastes within the daily residential hauling districts during from May 1 to November 30, weather permitting. When SSOM collection is begun, each licensed hauler shall make weekly collection of SSOM within the daily hauling districts. Subd. 3. Collection Plan. The City’s hauler shall submit a service plan for yard waste pick-up. This plan at a minimum shall describe the services to be provided, the manner in which the hauler intends to collect and haul away yard waste, the licensed compost site to receive the yard waste, the method by which the hauler will inform its customers of yard waste collection service, and the fees for pickup service. The City may accept a plan that provides yard waste pickup through a subcontractor, provided an agreement to provide such service is in effect between a subcontractor and/or the City’s hauler and the agreement is pre-approved in writing by the City. The sub-contractor shall be licensed by the City. The yard waste plan submitted shall remain in effect for the term of the license or City’s hauler contract unless written approval to modify the plan is obtained from the City. Page 8 of 15 Subd. 2. Materials SSOM to be Collected. branches. The City Council shall determine the beginning of SSOM collection in the City. When SSOM collection begins, the same service plans, including frequency of collection, required disposal at a licensed facility, and reporting to the City, and other City-specified parameters shall be required to be approved by the City in writing prior to implementation.as are required for yard waste collection. Subd. 4. Notification. The hauler in March and September shall notify each customer of the yard waste services, yard waste container rental and procedures for yard waste pickup provided by the hauler. Sec. 30-11. Disposal Requirements Subd. 1. It shall be unlawful for any person, firm or corporation to fail to dispose of MSW and other waste materials in a sanitary manner that may be or may accumulate upon property owned or occupied at least as often as hereinafter provided. Subd. 2. Littering: 1. No person shall cast, place, sweep, or deposit anywhere within the City any MSW, recyclables, bulky waste, SSOM, yard waste, or construction/demolition waste debris in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway, or other public place or onto any property within the City. 2. No person shall place MSW, recyclables, bulky waste, SSOM, yard waste, construction/demolition waste debris or any other waste in any alley or other public place, or upon any private property whether owned by such a person or not, unless it is in proper containers for collection or under express approval granted by City staff. 3. Nor shall any person, cast, throw or deposit any MSW, recyclables, bulky waste, yard waste, construction/demolition wastedebris, or any other waste into any stream or other body of water or anywhere in the City that may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, storm sewer, parkway or other public place or into any occupied premises within the City. Subd. 3. Any unauthorized accumulation of MSW and recycling on any premises is hereby declared to be a nuisance and is prohibited. Subd. 4. Construction debris that accumulates on construction sites must be contained in a durable container to prevent waste from escaping. The capacity of the durable containers must be sufficient for the project or planned removal (pick-ups) must be scheduled. Construction and demolition waste haulers that use roll-off containers must have a Roll-Off License. Waste materials cannot be stored in the structure. Failure to contain and control waste building materials will result in a Stop Work Order. Subd. 5. Disposing of MSW, recyclable materials, waste materials, or yard waste in an unregulated manner on any street, alley, drive, park, playground, or other public place or on any occupied or vacant privately owned lot shall constitute a violation of this section, whether such material is discarded by the individual upon whose premises the material originates or whether it is discarded by some other person or collector, licensed or unlicensed. Sec. 30-12. Burying and Burning. No person shall bury any MSW, recyclable materials, or other waste materials within the City and no person shall burn MSW, or other waste materials except in an incinerator located within a residence or other building that conforms to the requirements of the State of Minnesota. Page 9 of 15 Sec. 30-13. Rules and Regulations. Subd. 1. The City Council shall have the authority to make rules and regulations concerning type and location of waste containers, the collection of yard and garden wastes and recyclables, license applications and the information required, and any other matter concerning solid waste management that is not in conflict with this chapter. Subd. 2. All solid waste and recycling accumulated in areas of the City not subject to mandatory collection by the contractor authorized by the City for residential collection, must contract with a solid waste removal contractor licensed by the City for removal and lawful disposal of MSW and recycling. Daily service hours for all solid waste and recycling shall be between the hours of 7:00 a.m. and 7:00 p.m. Subd. 3 If the City determines a health or safety hazard exists in the manner garbage and rubbish is stored on site and held for removal by a contractor, a solid waste plan must be provided to the City that controls or eliminates the condition. Once the plan is approved by the City, failure to abide by the plan is a violation of the City Code. Subd. 4 No person shall deposit MSW and recyclables accumulated by a residence or business in the container of another or in a container maintained by the City for collection of litter from City streets or parks. Sec. 30-14 – 30-25. Reserved. ARTICLE II. SOLID WASTE AND RECYCLING HAULER LICENSE REGULATIONS (EFFECTIVE JUNE 1, 2018) Sec. 30-26. Purpose. To establish regulations and procedures for the collection and disposal of commercial MSW, waste materials, recyclable material, yard waste, and other non-toxic and toxic wastes. These regulations are necessary to develop standard licensing procedures for the collection and disposal of MSW and recyclable materials. in meeting the purposes outlined in Article II –Commercial Solid Waste Requirements. Sec. 30-27. License to Collect Required, Exception. Subd. 1. No person, firm or corporation, except City employees, shall collect MSW, recyclable materials, waste materials, SSOM or yard waste belonging to another in the City without a license from the City. No collector licensed pursuant to this article shall acquire a vested right in a license. The City may, upon finding that public necessity requires, determine to establish other means of refuse collection. Subd. 2. No person, firm or corporation, except City employees, shall scavenge, sort through, or in any way handle the MSW, recyclable material, yard waste, or any other waste materials of another person, firm or corporation without a license from the City or permission from the owner thereof. Mixed municipal solid waste, recyclable materials, yard waste, and any other waste materials shall be considered the property of the generator until picked up by a hauler. Sec. 30-28. Types of Licenses. There shall be three four license categories defined by the type of account served: 1. Commercial Property 2. Roll-Off Service 3. Residential Service 3.4. Recycling Service Page 10 of 15 Sec. 30-29. Licensing Procedure. The City Council, in the interest of maintaining healthful and sanitary conditions in the City hereby reserves the right to specify and assign certain areas to licensees, to limit the number of licenses issued, to determine collection fees and otherwise regulate collection not covered by this chapter. Sec. 30-30. Application Forms. Any person desiring a Haulers License shall complete and submit an application form along with the prescribed exhibits below to the City. City staff shall review the application and make a recommendation for approval/denial to the City Council. The City Council may, at its discretion, require additional information be obtained, or studies conducted, before rendering a determination on the application. The prescribed exhibits include, but are not limited, to: 1. Proof of insurance for property damage liability, general liability, and bodily injury liability. Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City. The insurance specified may be in a policy or policies of insurance, primary or excess. Contractor’s policies shall be primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City or in case of nonpayment of premium, at least ten (10) days written notice of cancellation. Contractor shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and be authorized to do business in the State of Minnesota. The Contractor and its sub-contractors shall secure and maintain the following insurance: A. Workers Compensation Insurance. Workers compensation insurance as specified by the Minnesota Department of Occupational Health and Safety and federal law. Coverage shall include Employer’s Liability with minimum limits as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident B. Commercial General Liability Insurance. Contractor is required to maintain insurance protecting it from claims for damages for bodily injury and property damage which may arise from operations’ under the Agreement with minimum limits as follows: • $2,000,000 – per occurrence • $2,000,000 – annual aggregate • $2,000,000 – annual aggregate – Products/Completed Operations The following coverages should be included: • Premises and Operations Bodily Injury and Property Damage • Personal and Advertising Injury • Blanket Contractual Liability • Products and Competed Operations Liability • City must be endorsed as an Additional Insured Page 11 of 15 C. Business Automobile Liability Insurance. Contractor is required to maintain insurance protecting it from claims for damages for bodily injury and property damage resulting from the ownership, operation, maintenance or use of all autos which may arise from operations under this Agreement with minimum limits as follows: $1,000,000 – per occurrence combined single limit for bodily injury and property damage This insurance includes a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. An Umbrella or Excess Liability Insurance policy may be used to supplement the policy limits on a follow-form basis to ratify the full policy limits required by the Agreement. All policies cannot be modified or canceled without giving fifteen (15) days prior notice. 2. Service addresses to be served in the City. The Applicant shall provide a list of MSW can-type and dumpster-type collection service addresses of units receiving or to receive such service in the City. This list shall be separated by license categories. 3. Indemnification. Before a license shall be issued, the applicant shall file with the City Administrator an executed indemnification in the form provided by the City. 4. Surety bond or cash deposit. The applicant shall deposit with the application the sum of three ten thousand dollars ($3,00010,000) or, in the alternative shall file with the City a surety bond in an amount of three thousand dollars ($3,000) ten thousand dollars ($10,000). The condition of said bond shall bind the holder of said license to comply with all applicable provisions of this Chapter and such other items as may be imposed by the City Council. Where a cash deposit is used, all or any part thereof may be subject to forfeiture in the event of the violation of any provisions of this license, City codes, or terms imposed by the City Council. If, for any reason, any licensee shall be without insurance, or the surety bond, the license shall terminate immediately without any further action of the City. 5. Yard waste service plan, including location of composting or disposal site. Sec. 30-31 Equipment. All equipment must meet the following standards. 1. Vehicle Protection. All trucks or motor vehicles used by the hauler shall be watertight so as not to allow the leakage of liquids or materials and shall be covered to prevent the scattering of contents upon the public streets or private properties in the City. Should any material be dropped or spilled in collecting or transporting, the driver shall immediately clean it up. Each vehicle shall contain specific procedures to follow in the event of the loss of hydraulic or other working fluids and for cleaning up any spilled items or debris. 2. Cleaning. All vehicles shall be kept in a clean and sanitary condition. 3. Painting. The packer body shall be painted and numbered, and shall have the hauler's name and telephone number painted in letters of a contrasting color, at least three inches (3") high, on each side of the vehicle and the number painted or decaled on the rear. Recycling equipment shall display the National Recycling emblem. 4. Maintenance. The trucks shall be maintained in good working order; maintained to minimize the loss of hydraulic or other working fluids and contain a broom, shovels, and other equipment designed to absorb and collect spilled items or debris. Trucks also shall be equipped to meet all Page 12 of 15 federal, state, and municipal regulations concerning vehicles used on public roads and maintained to meet these standards. 5. Description of Vehicles. The hauler shall furnish the City with a written description of all vehicles and equipment to be used within the City of Stillwater and shall advise the City in writing of any withdrawal of a part of such equipment or of any change therein within one (1) week of the time of making such change. Such description shall include the number and type of vehicles weight and number of axles of all equipment, what type of equipment will be used when streets are posted, and the provisions established in the event the equipment is inoperable. 6. Safety Equipment. Each collection vehicle shall: • Be clearly marked with the name and telephone number of the Contractor prominently displayed on both sides of the truck. The lettering must be at least three (3) inches in height; • Operate within the weight allowed by Minnesota Statutes and local ordinances; • Be duly licensed and inspected by the State of Minnesota; • Have a two (2) way communication device; • Have a first aid kit; • Have an approved fire extinguisher; • Have warning flashers; • Have a broom, shovel and absorbent material for cleaning up solid or fluid spills; • Have warning alarms to indicate movement in reverse; • Have a sign on rear of vehicle which states “This vehicle makes frequent stops”; • All of the required equipment must be in proper working order. • All vehicles must be maintained in proper working order and be as clean and free of offensive odors as possible. 7. 7. . Weight Limits. City Code establishes weight restrictions for roads and weight restrictions during frost conditions. Rear-loading MSW compactor vehicles are restricted to 18,000 pounds per axle during frost conditions. Haulers can contact the City Engineer with questions on weight restrictions. Sec. 30-32. License Fee; Expiration; Transferability. The fee for a license required by this Chapter shall be determined by the City Council by resolution from time to time. Every license shall expire on December 31 each year. The fee for part of a year shall credited to the next year’s license fee, or refunded if the next year’s license is not renewed. No license shall be issued for more than one year. The license shall not be transferable from one person to another. Sec. 30-33. Reporting Requirements. 1. Access to Records. Each Licensee shall provide to the City during normal business hours, access to books, documents, papers, and other records of the Licensee that are directly pertinent to the issuance and monitoring of the License and required reports. 2. Required Reports. Each hauler shall submit to Washington County or the City the Minnesota Pollution Control Agency (MPCA), the County, and other required reporting entities in the future, Page 13 of 15 required recycling reporting that is consistent with the county’s reporting requirements for recyclable materials. a. Each hauler shall document and retain dated market weight receipts of recyclable materials sold for the last three years, which upon request will be made available to the Washington County or the City for review. b. Failure to keep accurate weights and/or to furnish this data to Washington County or the City within 30 business days of it being due requested shall entitle the City to administrative penalties and/or to revoke the collection license. c. In addition to the above requirements, the hauler shall participate with the Washington County or the City in tests to confirm the methodology and accuracy of the estimated weight of waste and recyclable materials. Sec. 30-34. Complaint Procedures. Subd. 1 Office Location. The hauler shall establish and maintain an office with continuous supervision for accepting complaints and customer calls. The office shall be in service with continuous supervision during the hours of 8:00 a.m. to 4:30 p.m. on all days of collection in the City. A system for recording and responding to customer calls outside business hours shall be established and described in the application for license. The address and telephone number of such office and any changes therein shall be given to the City in writing. Subd. 2. Complaint Response. The hauler shall maintain a complaint response and file system. All complaints shall be answered courteously and promptly. The hauler is responsible for resolving all complaints received. Subd. 3. Notification. The City will notify the hauler of any complaints or unresolved complaints that it receives. The hauler shall provide a semi-annual report in a format prescribed by the City on the total number and type of complaints received and the resolution of those complaints. Sec. 30-35 License Revocation or Suspension. Every license required by this Chapter may be revoked, suspended or a civil fine of not more than $2,500 may be imposed by the City Council for a violation of any law or regulation pertaining to solid waste adopted by the City, County or State. If the County revokes or suspends any hauler's license, the City license, in case of revocation, shall be automatically terminated without any further action of the City, or, in case of suspension, the City license shall also be automatically suspended for the same length of time, without further action of the City. Sec. 30-36. Collection Procedures. Subd. 1. Frequency of Collections. Each licensed hauler shall collect MSW weekly (or more often as sanitary conditions warrant as determined by the City Administrator or Designee). Subd. 2. Notification. The licensed hauler shall notify the City Administrator or Designee of the discontinuance of service to any premises with a five (5) day written notice prior to service being discontinued, if possible, but no later than the date service is actually discontinued. Subd. 3. Reporting. All licensed employees shall report to the Licensee any violations of these regulations or ordinances they observe in the performance of their work and the Licensee shall report all such violations to the City Administrator or Designee. Subd. 4. Revocation or Suspension. A license may be revoked, suspended, or a civil fine of not more than $2,500 imposed by the City Council, if the Licensee neglects or fails to comply with the provisions of Page 14 of 15 applicable Minnesota Statutes, Washington County ordinances, and the ordinances approved by the City Council with reference to Solid Waste and Recycling. Subd. 5. Whenever it is found that a violation exists, the City may take action to correct the conditions by serving a written order or notice upon the persons responsible therefore directing him/her to discontinue said violation or correct such condition that is in violation. No suspension or revocation takes effect until the licensee has been afforded an opportunity for a hearing under Minnesota Statutes, Sections 14.57 to 14.69 of the Administrative Procedure Act. Subd. 6. Administrative Penalties shall be enforced for license violations including: 1. Failure to comply with statutory and code requirements, including liability insurance. 2. Failure to submit required reports by date specified by Ordinance or Washington County. 3. Failure to provide the City with the name of the disposal facility used, upon request. 5. Failure to ensure contents do not leak or spill from vehicles or during collection. 6. Failure to clean-up solid or liquid spills or leaks from vehicles within one (1) hour. Subd. 7. Administrative Penalties for Violations of City or State Solid Waste Regulations shall be determined by resolution of the City Council as part of the current year fee schedule:. Subd. 8. The City Council retains the right to impose penalties in excess of those contained in this ordinance when in the judgement of the City Council it is appropriate to do so. Subd. 9. All licensed collectors under this article shall promptly remit to the City any Administrative Penalties imposed. 1. Administrative Penalties not remitted within forty-five (45) days of imposition shall be doubled on the forty-sixth (46th) day after the date of the City’s notification to the licensee of the imposition of Administrative Penalties, and shall double again after each successive thirty (30) day period on which the Penalties are not fully remitted to the City. 2. No license under this article shall be renewed or issued if the licensee, or individuals having interest in the business entity for which the license is sought, have any outstanding Administrative Penalties due to the City for that business entity or another business entity under their financial control. Subd. 10. If the County revokes or suspends any haulers license, the City license shall then automatically be revoked or suspended for the same length of time, without further action of the City. Section 30-37. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. Section 30-38. Effective Date. This Ordinance shall be effective upon its page and publication according to law. Page 15 of 15 Adopted by the City Council this _____________ day of ________________, 2018. CITY OF STILLWATER __________________________ Ted Kozlowski, Mayor ATTEST: ____________________________ Diane F. Ward, City Clerk 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us Application for Solid Waste Hauler License I hereby certify that the required information listed above to be correct and submitted to the City as required by Chapter 30 of the Stillwater City Code Company Name: ____________________________________________________________________________________________ Signature: ____________________________________________________________________________________________________ Name & Title: ____________________________________________________________________________________________ Primary Contact Name & Title: ____________________________________________________________________________ Address: ____________________________________________________________________________________________________ Contact Telephone: ( ) ___________________________ Fax: ( ) __________________________ Contact Email: ____________________________________________________________________________________________ Customer Service Contact:____________________________________________________________________________________ Customer Service Telephone: ( ) ___________________________ Fax: ( ) __________________________ Customer Service Email: ________________________________________________________________________________ (special pickup) The issuance of each Solid Waste and Recycling Hauler License is subject to the standards set forth in Chapter 30 of the City of Stillwater City Code. www.ci.stillwater.mn.us The following exhibits must be submitted at the time of the application (new or renewal) Proof of insurance for property damage liability, general liability, and bodily injury liability.(Minimum amount: $2,000,000 per occurrence.) and workers compensation Service addresses to be served in the City. Indemnification. (Form provided.) Surety bond or cash deposit of $10,000. Yard and Recycling waste service plan. (Including location of composting or disposal site.) If applicable to service provided. List & Description of vehicles. Rates and fee structure for services License Fee JOBNAME: No Job Name PAGE: 1 SESS: 2 OUTPUT: Thu Apr 2 10:34:04 1998 /pebbles/pebbles1/pubdocs/nondb/2/9jw09 Chapter 30 GARBAGE AND RUBBISH* Sec. 30-1. Removal. *Cross references—Depositing certain materials upon streets, § 52-7; sanitary landfill, ch. 53. State law references—Waste management, Minn. Stat. § 115A.01 et seq.; rubbish removal, Minn. Stat. § 443.015 et seq. CD30:1 Sec. 30-1. Removal. Subd.1.Definitions.Thefollowingwords,terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this sub- division, except where the context clearly indi- cates a different meaning: Curbside means the side of the curb opposite the traveled portion of a roadway. Extrahouseholdwaste meansbaggedyardwaste, tree branches and bundled brush not exceeding four feet in length or 40 pounds per bundle, appliances, furniture, doors, windows and con- struction material of reasonable quantities gener- ated from handiwork performed by a resident on his dwelling. Normal household waste means food waste, paper, plastics, metal beverage and food cans, glass, packaging material for household items and other mixed municipal waste typically gener- ated by the normal household. The items listed in each definition shall be con- sidered examples of the type of solid waste within each category. Normal waste does not include rocks, sod, cement, dirt or construction material accumulated from substantial work performed on a dwelling by a general contractor or from sub- stantial remodeling done by a consumer.All other items or phrases used in this chapter shall have the meaning given to the terms in the solid waste management plan, as approved by City Council Resolution No. 91-239, dated December 3, 1991. (Ord. No. 1013, § 1, 2-16-10) Subd. 2.Purpose.The purpose of this chapter is to maintain and protect the public health and sanitation by the removal of garbage and rubbish from residences in the city and to prevent the unregulated and unrestricted hauling of garbage and rubbish by other means than through the garbage and rubbish collection system estab- lished by this chapter so as to eliminate the dispersal of garbage and rubbish along the streets, roads and other properties in and near the city. Subd. 3.Collection by the city.All garbage and rubbish accumulated in residences in the city shall be collected, conveyed and disposed of by the city or by its duly authorized contractor. No person shall collect or dispose of any garbage or rubbish accumulated on residential premises of the city except the city or its designated contrac- tor. Subd. 4.Containers.Garbage and rubbish con- tainers shall be only those authorized by the city and provided to the consumer by the city contrac- tor and shall be equipped with suitable handles and tightfitting covers and shall be watertight. Subd. 5.Consumer regulations.Consumer reg- ulations are as follows: (1) Garbage and rubbish containers shall be stored out of view of the public street, except that the containers may be placed at curbside after 5:00 p.m. the day before thescheduledcollectionandondayssched- uled for collection. The garbage and rub- bish containers shall be made readily ac- cessible to the collector by placing the container at curbside no later than 6:00 a.m. on the day of collection. Any person that observes a garbage and rubbish con- tainer that has been placed on the trav- eled portion of a roadway is entitled to move the container to curbside. (2) The consumer shall be responsible for the damage or loss of a container and shall be liable to the contractor for this damage, except that reasonable wear is expected. (3) No mixing of household waste, yard waste, hazardous waste or other solid waste shall be permitted. (4) No container shall be unreasonably com- pacted by stuffing or otherwise. (5) A 30-gallon bag of waste shall not exceed 30 pounds, and a bag of yard waste shall not exceed 40 pounds. (6) All bags shall be closed at the top and the lid fit securely shut on each container. (7) Residents must participate in the recy- cling program. (Ord. No. 1013, § 2, 2-16-10) § 30-1GARBAGE AND RUBBISH CD30:3Supp. No. 36 Subd. 6.Collection practices.Collection prac- tices are as follows: (1) Garbage and rubbish shall be collected at least once each week according to a sched- ule to be determined and notice given by the city from time to time. (2) The pickup of normal and yard household waste is not unlimited in quantity and the feeforcollectionofnormalhouseholdwaste and yard waste may be set from time to time by resolution of the city council. Subd. 7.Storage of garbage and rubbish.No person shall place any garbage or rubbish in any street, alley or other public place or upon any private property, whether or not owned by the person, within the city, unless it is in proper containers for collection, nor shall any person throw or deposit any garbage or rubbish in any stream or other body of water. Any unauthorized accumulation of garbage or rubbish on any pre- mises is hereby declared to be a nuisance and is prohibited. No person shall cast, place or deposit anywhere within the city any garbage or rubbish in a manner that may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises within the city. (Ord. No. 800, 12-6-94; Ord. No. 819, 10-7-95) Subd. 8.Fees.The fees for collection per month are established by the city council in the agree- ment negotiated with the city's hauler. The minimum charge for each and every dwelling unit shall be based on the fee for a 30 gallon container. Multifamily residences of three or more units shall pay the mandatory rate for 30 gallon containers per dwelling unit unless a different rate is negotiated between the contractor and the residence. A residence shall be allowed to change container size at intervals of not less than two billing quarters and must give at least 30 day notice to the contractor. When a proper notice is received, changes in fees will be made to the following quarter billing. Changes in containers and re- lated fees shall only be made on a quarterly basis. In the event a residence desires collection of normal household waste in excess of the waste held by the resident's container per week, they shall place the waste in bags not exceeding 30 gallons. Residents shall pay the contractor $1.50 for each additional 30 gallon bag. Residents who will be continuously absent from the city for more than 90 days and notify the city's contractor, will not be charged during the period of their absence. (Ord. No. 886, § 1, 1-4-00; Ord. No. 932, § 1, 1-21-03; Ord. No. 992, § 1, 4-1-08) Subd. 9.Relief for senior citizens and the dis- abled.Relief for senior citizens and the disabled shall be as follows: (1) Reduced rates for senior citizens and the disabled are available if no more than two people reside within a household and that the head of household is 62 years of age or older, or is retired by reason of permanent disability regardless of age. The senior rate requires the use and is based upon the minimum container (30-gallon) pro- vided by the city's contractor. (2) The city council may, in its discretion, waive the payment of any charges for solid waste collection when it determines by a majority vote as disclosed by an application for relief that not more than two people reside within a household and that the head of household is 62 years of age or older, or is retired by reason of permanent disability regardless of age, and that the payment of the solid waste charges and fees would be a hardship. (3) Persons seeking relief must make appli- cation on a form prescribed by the clerk setting forth applicant's income and as- sets at the time of the making of the application. (4) Relief granted hereunder will terminate upon the occurrence of any of the follow- ing events: a. The death of eligible persons, in that the surviving spouse is not eligible for the same relief; or § 30-1 STILLWATER CODE CD30:4Supp. No. 36 b. If for any reason the city council determines that the payment of the solid waste fee is no longer be a hardship. (Ord. No. 992, § 2, 4-1-08) Subd. 10.Collection of charges.Monthly fees shall be due and payable quarterly in advance.All accounts shall be delinquent if not paid within 90 days after the statement is rendered. The charges shall be a charge against the owner, lessee or occupier of any residential unit and any such charge properly billed and unpaid may be col- lected in a civil action in a court of competent jurisdiction or at the discretion of the city council may be certified to the county auditor for collec- tion with the real estate taxes.Apenalty charge of $5.00 or ten percent of delinquent charges due, whichever is greater, shall be added to the amount to be certified to the county auditor to reimburse the city for administrative expenses resulting from the delinquency. Subd. 11.[Accumulation of garbage and rub- bish]. (1) All garbage and rubbish accumulated in areas of the city not subject to mandatory collection by the contractor authorized by the city for residential collection, must contract with a solid waste removal con- tractor licensed by or authorized by the County of Washington for removal and lawful disposal of garbage and rubbish. (2) If the city determines a health or safety hazard exists in the manner garbage and rubbish is stored on site and held for removal by a contractor, a solid waste plan must be provided to the city that controls or eliminates the condition. Once the plan is approved by the city, failure to abide by the plan is a violation of the City Code. (3) No person shall deposit garbage or rub- bish accumulated by a residence or busi- ness in the container of another or in a container maintained by the city for col- lection of litter from city streets or parks. (Code 1980, § 30.01; Ord. No. 637, 7-15-85; Ord. No. 651, 7-15-86; Ord. No. 668, 6-7-87; Ord. No. 683, 8-16-88; Ord. No. 696, 2-21-89; Ord. No. 753, 2-18-92; Ord. No. 760, 5-19-92; Ord. No. 800, 12-6-94; Ord. No. 819, 10-17-95; Ord. No. 836, § 1, 2-18-97; Ord. No. 843, §§ 1, 2, 10-7-97; Ord. No. 857, § 1, 4-21-98; Ord. No. 886, §§ 2, 3, 1-4-00; Ord. No. 923, §§ 1(a)—1(e), 5-21-02; Ord. No. 933, § 2, 2-4-03) § 30-1GARBAGE AND RUBBISH CD30:5Supp. No. 36 Date: May 8, 2018 TO: Mayor and Council FROM: Tom McCarty, City Administrator Diane Ward, City Clerk SUBJECT: Chapter 22 – City Administration Reviewed by: City Attorney Magnuson Bill Turnblad, Community Development Director Abbi Wittman, Planner Nate Meredith, Police Captain Donna Robole, Human Resources Manager In reviewing Stillwater City Chapter 22 – City Administration it was determined that the chapter needed to be updated to reflect current day processes and information. A redlined version of Chapter 22 is attached for your review and comments. It is anticipated that the redlined version will replace the entire current Chapter 22. Most of the “redline” is to update the code to current practice or update language However there should be a discussion on: 1. All Board/Commissions appointment processes to be a separate Section in City Administration (remove this projects from specific Board/Commission Chapters to allow future updates to be addressed in one location). a. Determination of process for an end of term vacancy (incumbents, new applicants) 2. Appointment Process and Organization should be the uniform for all City Boards/Commissions (Charter Commission interviews applicants and makes a recommendation to the District Judge) 3. The Charter Commission is presently reviewing the following: Amending 15.08 to include attendance for all boards and commissions. (a) Except for the Charter Commission or where the method of appointment is controlled by State law, appointment to Boards and Commissions must be made by majority vote of the Council, however, removal must be by [a] 4/5th vote of the Council. (b) Attendance for All Boards and Commissions. In the event that a Board or Commission member misses three (3) consecutive meetings, or 1/4 of the meetings in any one twelve (12) month period, the commission may request the City Council to replace that member. The Chair shall give the person notice regarding his /her absenteeism prior to the commission requesting that the council replace the member. Thirty (30) days shall be given to the member for a response to the commission before any action is taken. ACTION REQUIRED: Discuss revisions to Chapter 22 – City Administration and provide direction to staff on placing of the ordinance amending Chapter 22 for a 1st reading at the Council’s next regular meeting. Revised: 5/11/2018 Chapter 22 - CITY ADMINISTRATIONADMINISTRATION [1] Footnotes: --- (1) --- Charter reference— Powers of the city, art. II; elective officers, art. III; elections, art. IV; the council, art. V; the mayor, art. VI; administration of city affairs, art. VII; police department, art. VIII; taxation and finances, art. X; eminent domain, art. XII; general provisions, art. XV. Cross reference— Any administrative ordinance of the city not in conflict or inconsistent with the provisions of this Code saved from repeal, § 21-12(3); fire department, ch. 23; human rights commission, ch. 25; water department, ch. 28; public library, ch. 47; library board, § 47-1; parks and recreation board, § 48-1; taxes and assessments, ch. 56; issuance of citations, ch. 58. Sec. 22-1. - Council meetings. Regular meetings of the city council shall be held at the Municipal BuildingCity Hall at 216 North Fourth Street, Stillwater, Minnesota. The city council shall by resolution establish the time and date on which the regular meetings are to be held and may from time to time by resolution change the time and date of the regular meetings and published according to Minnesota Statute. (Code 1980, § 22.01; Ord. No. 660, 4-21-87) Sec. 22-2. - Custody and disposal of unclaimed property. (REVIEWED BY POLICE DEPARTMENT & FINANCE DIRECTOR) All property lawfully coming into the possession of the city shall be turned over to the Stillwater Police andDepartment and if unclaimed by its owner shall be disposed of as followsaccording the Police Department’s Policy and Procedures for unclaimed property.: Subd. 1. The city department that comes into possession of unclaimed property shall arrange for its storage. If municipal facilities for storage are unavailable or inadequate, arrangements for storage at privately owned facilities may be arranged. Subd. 2. The owner of the property may claim it by exhibiting satisfactory proof of ownership and paying the city storage or maintenance costs incurred by the city. A release of liability shall be obtained from the owner before the property is released. (IN POLICE POLICY) Subd. 3. If the property remains unclaimed in the possession of the city for a period of three months, the property shall be sold to the highest bidder at a public auction conducted by the chief of police. The auction shall be held after two weeks' published notice setting forth the time and place thereof and the property to be sold. (IN POLICE POLICY) Subd. 4. Net proceeds from the sale of property, after the deduction of any private storage costs, shall be placed in the police equipmentgeneral fund of the city. Net proceeds from the sale of forfeitures shall be placed in the forfeiture fund of the Stillwater Police Department., Both funds are subject to the right of the former owner to payment of the sale price to them from the fund upon application and satisfactory proof of ownership within six months180 days of the sale. Revised: 5/11/2018 (Code 1980, § 22.02) Sec. 22-3. - Salaries established. Each council person-member of the City of Stillwater shall, during the term of office, be paid the sum of $600.00 per month, said sum to be paid monthly. The mayor of the City of Stillwater shall, during the term of office, receive the sum of $750.00 per month, payable monthlybi- weekly. (Code 1980, § 22.03; Ord. No. 736, 8-21-90; Ord. No. 647, 5-20-86; Ord. No. 684, 8-24-88; Ord. No. 697, 3-21-89; Ord. No. 901, §§ 1, 2, 9-5-00) Charter reference— Salaries, § 3.04. Cross reference— Any ordinance regarding salaries or compensation of city officers or employees saved from repeal, § 21-12(11). Sec. 22-4. - Municipal civil defenseemergency management ordinance. Subd. 1. Creation. Pursuant to Minnesota Statute Chapter 12.25 Tthere is created within the city government an a civil defense and disaster agencyemergency management agency whichthat shall be under the supervision and control of an director of civil defense Emergency Management Director, "the director." The director shall be appointed by the mayor for an indefinite term and may be removed by the mayor at any time. The director shall serve at a salary set by the city council and shall be paid necessary expenses. The director shall have direct responsibility for the organization, administration and operation of the civil defenseemergency management agency, subject to the direction and control of the mayor. Subd. 2. Organization and function. The civil defenseemergency agencymanagement agency shall be be organized as the director deems necessary to provide for the efficient performance of local civil defenseemergency management functions during a an civil defenseemergency, or disaster situation . The agency shall perform civil defenseemergency management functions within the city and in addition shall conduct functions outside the city as may be required by Minn. Stat. ch. 12 or this chapter. Subd. 3. Powers and duties of director. With the consent of the mayor, the director shall represent the city on any regional or state organization for civil defenseemergency . management. The mayor and the director shall develop proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal civil defenseemergency management aid and assistance in an civil defenseemergency or disaster situation emergency too great to be dealt with unassisted and shall present the agreements to the city council for its action. The agreements shall be consistent with the civil defenseemergency operations plan and during an civil defenseemergency or disaster situation, emergency, the civil defenseemergency management agency and civil defenseemergency management forces shall render assistance according to the provisions of the agreements. Subd. 4. Civil defenseEmergency operations plan. The director shall prepare a comprehensive general city emergency operations plan for the civil defense and shall present the plan to the city council for its approval. When the city council has approved the Revised: 5/11/2018 plan by resolution, all civil defenseemergency management forces of the city shall perform the duties and functions assigned by the plan. Subd. 5. Reports. The director shall prepare and present to the city council periodically a report of activities and recommendations. (Code 1980, § 22.04) Sec. 22-5. - Planning commission. Subd. 1. Establishment of commission. There is an established a city planning commission. Subd. 2. Members. The current planning commission shall be gradually reduced to seven six members as the current members resign or retire from office and at that time the Council representative will become a voting member. The commission shall consist of seven voting members., .which shall include a council representative. All members will be appointed by the city council. Until the reduction of members reaches six members, Tthe Council representative and the Community Development Director, or director’s designee community development director of the city shallcity shall be ex officio, a nonvoting member of the commission. Every appointed member shall, before entering upon the discharge of their duties, take sign an oath that they will faithfully discharge the duties of their office. All members shall be residents of the city and shall serve without compensation. Subd. 3. Term. All appointments shall be for staggered terms of three years. All terms end on the first day of May in the year in which they expire. In the event of a vacancy, except that any person appointed to fill a vacancy occurring prior to the expiration of the term which their predecessor was appointedterm, which their predecessor was appointed, may be appointed only for the remainder of the term. Upon expiration of their term of office, the member will continue to serve until their successor is appointed and qualified. Any vacancy for the unexpired term shall be filled according to Subd. 4 of this Section. Members shall continue to hold office until their successors have been appointed and qualified. Subd. 4. Appointment process. All applicants for appointment or reappointment shall be interviewed by the council representative to the commission and the chair of the commission. ("interview panel"). If the chair is due for reappointment the interview will be held by two members of council. Interview of commission incumbents requesting reappointment shall be at the discretion of the council representative and chair. A recommendation on appointment or reappointment from the "interview panel" will be given to the city clerk for placement on the council agenda for consideration. It is a goal, but not a requirement that all Wards of the city have commission representation to further the policy of the city council that representation on city committees be balanced. Subd. 5. Organization. At the first meeting in JanuaryMay, the commission members shall nominate a chair and vice chair select a chairman from among its appointed members and vote on the nomination. The chair and vice chair’s term will be for for a term of one year. The commission shall hold at least one regular meeting each month. It shall approve summary minutes with detailed motions and have a roll call vote on each motionadopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings, which record shall be a public record. On or before January 1 of each year, tThe commission or the Community Development Director, or director’s designee shall submit to the city council a report of its work during the preceding year. Subd. 6. Adoption of a program of work. The commission shall proceed with the preparation and adoption of a program of work outlining activities proposed to be undertaken in the Revised: 5/11/2018 exercise of its powers and the performance of its duties. This program of work shall be revised not less than annually and progress on the program shall be included in the annual report to the city council. Subd. 7. Comprehensive city planning. It shall be the duty of the planning commission to review the comprehensive plan of the city and to recommend amendments or additions to the plan for adoption by the city council whenever changed conditions or further study by the commission indicate that amendments or additions are necessary. It shall be the duty of the planning commission to recommend to the city council reasonable means for putting the plan into effect in order that it will serve as a pattern and guide for the physical, economicaleconomic and social development of the city. Subd. 8. Procedure and amendments. No change shall be made in the comprehensive plan, subdivision or zoning ordinance or regulations until the proposed change has been referred to the planning commission for study and report and a copy of the report has been submitted to the city council. Failure of the planning commission to report within 60 days, or a longer period if allowed by the city council after reference, shall be deemed to be its approval of the proposed change. Subd. 9. Duty to review. The planning commission shall review the city zoning ordinance and may recommend to the city council amendments or additions, whenever changed conditions or studies by the commission indicate that amendments or additions are necessary. In addition, the commission shall exercise the powers given to it with respect to administration of requests for variances, special and conditional use permits, subdivisions requests and general project review as set forth in Section 31-1, Subdivision 3031-201, Duties and Responsibilities, Chapters 32 and 34 as applicable. No member may serve more than three consecutive terms. However, terms may be extended if there is a shortage of suitable applicants. All terms end on the first day of May in the year in which they expire. Subd. 10. Capital improvement program. The planning commission shall obtain a descriptive list of proposed improvements planned by the city for the ensuing five-year period. The planning commission shall also request a similar list of public works proposed by Independent School District No. 834. The planning commission shall list and classify these proposed public works and shall prepare a coordinated program of proposed public works for the ensuing year and for a projected five-year period. The program shall be recommended by the planning commission to the city council and to other officers, departments, boards or public bodies that have jurisdiction over the recommended planning or construction of the public work. Subd. 11. Official map. The planning commission, after City Council adoption of a comprehensive plan, a street plan, community facilities plan or capital improvement program, may, and uponwith instructions by the city council, shall prepare an official map of the city and adjoining territory, indicating upon the map the land that is needed for future streets and public facilities. After the map has been preparedprepared, it shall be submitted to the city council. Before adoption by the city council, a public hearing shall be held upon the proposal at least ten days after a notice of time, place and purpose has been published in the official city newspaper. (Code 1980, § 22.05; Ord. No. 748, 1-7-92; Ord. No. 1008, § 1, 7-7-09; Ord. No. 1094, § 1, 5- 16-17) Cross reference— Zoning, ch. 31; subdivision code, ch. 32; wetland conservation act, ch. 59. Revised: 5/11/2018 State Law reference— Planning commission, Minn. Stat. § 462.351 et seq.; comprehensive municipal plan, Minn. Stat. § 462.355; official map, Minn. Stat. § 462.359. Sec. 22-6. - Absentee ballot counting board. Subd. 1. Establishment. There is established an absentee ballot counting board for the purpose of counting all absentee ballots cast in the city. Subd. 2. Number required. The board shall consist of a sufficient number of election judges appointed as provided in Minn. Stat. §§ 204B.19 to 204B.22. Subd. 3. Duties. The duties of the absentee ballot counting board shall be those duties described in Minn. Stat. § 203B.13, subd. 2. Subd. 4. Compensation of members. The clerk, with the approval of the city council, shall pay a reasonable compensation to each member of the absentee counting board for services rendered during each election. Subd. 5. Applicable laws. Except as otherwise provided by Minn. Stat. § 203B.13, all of the laws applicable to absentee ballots and absentee voters and all other provisions of the state election law shall apply to the absentee ballot board. (Code 1980, § 22.06; Ord. No. 682, 8-12-88) Charter reference— Elections, art. IV. Sec. 22-7. - Heritage preservation commission. Subd. 1. Declaration of public policy and purpose. The city council declares that the preservation, protection, perpetuation and use of areas, places, buildings, structures and other objects having a special historical, community or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the community. The purposes of the heritage preservation commission are to: (1) Safeguard the city's heritage by preserving sites and structures whichstructures that reflect elements of the city's cultural, social, economic, political, visual or architectural history; (2) Protect and enhance the city's appeal and attraction to residents, visitors and tourists and serve as a support and stimulus to business and industry; (3) Enhance the visual and aesthetic character, diversity and interest of the city; (4) Foster civic pride in the beauty and notable accomplishments of the past; and (5) Promote and preservation and continued use of historic sites and structures for the education and general welfare of the city's residents. Subd. 2. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: Heritage preservation site means any area, place, building, structure, lands, districts or other objects whichobjects that have been duly designated heritage preservation sites pursuant to subdivision 4(7) of this section. Revised: 5/11/2018 Subd. 3. Established. There is a The heritage preservation commission shall be establishedcommission, established as follows: (1) Members. There is established a city heritage preservation commission, The commission the "commission, "which shall consist of seven voting members to be appointed by the city council. The chairman of the city planning commission or its designee, council representative and the Council representative and the Community Development Director, or director’s designee community development director of the city shall be ex officio, nonvoting members of the commission. Every appointed member shall, before entering upon the discharge of their duties, take sign an oath that they will faithfully discharge the duties of their office. All members shall be residents of the city and shall serve without compensation. (2) Term. All appointments shall be for staggered terms of three years. All terms end on the first day of May in the year in which they expire. In the event of a vacancy, except that any person appointed to fill a vacancy occurring prior to the expiration of the term, which their predecessor was appointed, may be appointed only for the remainder of the term. Upon expiration of their term of office, the member will continue to serve until their successor is appointed and qualified. Any vacancy for the unexpired term shall be filled according to Subd. 3 of this Section. Members shall continue to hold office until their successors have been appointed and qualified. This section reads the same as Planning Term. All appointments shall be for staggered terms of three years. In the event of a vacancy, except that any person appointed to fill a vacancy occurring prior to the expiration of the term which their predecessor was appointed may be appointed only for the remainder of the term. Upon expiration of their term of office, the member will continue to serve until their successor is appointed and qualified. Any vacancy for the unexpired term shall be filed according to Subsection 3 of this Subdivision. Members shall continue to hold office until their successors have been appointed and qualified. (3) Appointment process. All applicants for appointment or reappointment shall be interviewed by the council representative to the commission and the chair of the commission. ("interview panel"). If the chair is due for reappointment, the interview will be held by two members of council. Interview of commission incumbents requesting reappointment shall be at the discretion of the council representative and chair. A recommendation on appointment or reappointment from the "interview panel" will be given to the city clerk for placement on the council agenda for consideration. It is a goal, but not a requirement that all Wards of the city have commission representation to further the policy of the city council that representation on city committees be balanced. (34) Organization. At the first meeting in May, commission members shall nominate a chair and vice-chair from among its appointed members and vote on the nomination. The chair and vice chair’s term will be for one year. The commission shall hold at least one regular meeting each month. It shall approve summary minutes with detailed motions and have a roll call vote on each motion. The commission or the Community Development Director, or director’s designee shall submit to the city council a report of its work during the preceding year. (5) Adoption of a program of work. The commission shall proceed with the preparation and adoption of a program of work outlining activities proposed to be undertaken in the exercise of its powers and the performance of its duties. This program of work shall be revised not Revised: 5/11/2018 less than annually and progress on the program shall be included in the annual report to the city council. The commission shall elect offices from its members. The commission shall make bylaws as it deems necessary, for the purpose of carrying out the intent of this section, which are consistent with local or state law. The commission shall make an annual report containing a statement of its activities and plans to the city council. (5) Program assistance. To accomplish the intent and purpose of this section, the city shall provide the commission with staff support,. including employees of the city library staff acquainted with the historical archives and files. Subd. 4. Designation of heritage preservation sites. Heritage preservation sites shall be designated as follows: (1) Reports. The city council, upon the commission's request, may direct the city staff to prepare studies which catalog buildings, land, areas, district or other objects to be considered for designation as a heritage preservation site. (2) Criteria. The commission shall recommend to the city council areas, buildings, districts or objects to be designated heritage preservation sites. In considering the designation of heritage preservation sites, the commission shall apply the following criteria: a. The character, interest or value as part of the development heritage or cultural characteristics of the city, state or county. b. The location as a site of a significant historic event. c. The identification with a person or persons who significantly contributed to the city's culture and development. d. The embodiment of distinguishing characteristics of an architectural style, period, form or treatment. e. The identification as work of an architect or master builder whose individual work has influenced the city's development. f. The embodiment of elements of architectural design, detail, materials or craftsmanship whichcraftsmanship that represent a significant architectural innovation. g. The unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the city. (3) Planning commission review. The commission shall advise the city planning commission of the proposed designation of a heritage preservation site, including boundaries, and a program for the preservation of a heritage preservation site, and secure from the city planning commission its recommendation with respect to the relationship of the proposed heritage preservation designation to the comprehensive plan, the effect of the proposed designation upon the surrounding neighborhood and any other planning considerations which may be relevant to the proposed designation. The planning commission shall also give its recommendation of approval, rejection or modification of the proposed designation. The recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the commission along with its recommendation concerning the proposed designation to the Revised: 5/11/2018 city council. The commission may make modifications, changes and alterations concerning the proposed designation, as it deems necessary in consideration of the recommendations of the city planning commission. (4) Communications with state historical society. A copy of the commission's proposed designation of a heritage preservation site, including boundaries, and a program for the preservation of a heritage preservation site shall be sent to the state historical society. (5) Hearings. Prior to the commission recommending to the city council any building, district or object for designation as a heritage preservation site, the commission shall hold a public hearing and seek the recommendations of concerned citizens. Prior to the hearing, the commission shall cause to be published in a newspaper of general circulation notice of the hearing at least 30 days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a historic preservation site and to all property owners within 300 feet of the boundary of the area to be designated. (6) Findings and recommendations. The commission shall determine if the proposed heritage preservation site is eligible for heritage preservation as determined by the criteria specified in subdivision 4(2) of this section, and if the commission recommends to the city council that the site be designated for heritage preservation, the commission shall transmit to the city council with its recommendation its proposed program for site preservation. (7) City council designation; hearings. The city council, upon the request of the commission, may by ordinance designate a heritage preservation site. Prior to the designation, the city council shall hold a public hearing, notice of which shall be published in a newspaper of general circulation at least 30 days prior to the date of the hearing and notice of the hearing shall be sent to all owners of property which is proposed to be designated a heritage preservation site and to all property owners within 300 feet of the boundary of the area to be designated. (8) Eminent domain. The commission may recommend to the city council after review and comment by the city planning commission, that certain property eligible for designation as a heritage preservation site be acquired by gift, negotiation or by eminent domain as provided for in Minn. Stat. ch. 117. Subd. 5. Additional powers and duties of the commission. The commission shall have the following powers and duties, in addition to those otherwise specified in this section: (1) The commission shall conduct a continuing survey of all areas, places, buildings, structures or objects in the city which the commission, on the basis of information available or presented to it, has reason to believe are significant to the city's culture, social, economic, political or architectural history. (2) The commission shall continually survey all areas to determine needed and desirable improvements of older buildings throughout the city, acting in a resource and advisory capacity to owners of historically significant sites regarding their preservation, restoration and rehabilitation. (3) The commission shall work for the continuing education of the city's citizens with respect to the city's civic and architectural heritage. It shall keep current a public register of designated and proposed heritage preservation sites along with the plans and programs that pertain to them. Revised: 5/11/2018 (4) The commission may recommend that the city acceptsaccept gifts and contributions made to the city and to assist the city staff in preparing applications for grant funds for heritage preservation. (5) The commission may on a continuing basis collect and review certain city planning and development records, documents, studies, models, maps, plans and drawings to be entered into the public library historical archives as a permanent record of city history and development. (6) The commission shall make no application to the national register or to the state for the designation of a historic site or district without the city council's consent. (7) The Heritage Preservation Commission must also assume responsibility for the design review of any dwelling house hereafter proposed for construction on now existing vacant lots or on lots that become vacant by reason ofdue to demolition or destruction of existing structures within the Neighborhood Conservation District (NCD). In furtherance of that purpose, the Stillwater Conservation District Design Guidelines, as approved by the City Council on February 17, 2006, are hereby adopted by reference as if fully set forth in this ordinance. Copies of the Design Guidelines are on file in the office of the City Clerk and available at the Stillwater Public Library. The following process will guide the HPC and the applicants. a. Initial Review Meeting. Applicant must first meet with City Planning Staff. The goals and intent of the Design Review process will be explained, along with the guidelines, application requirements and schedule. b. Applicant Submission and Filing Fee. Applicant must submit completed Application and Design Checklist, along with a filing fee that is initially $100.00, but that may be changed from time to time by resolution enacted by the City Council. c. Planning Staff Reviews Project and Prepares Report: This report will be sent to applicant and the HPC. d. HPC Design Review and Public Hearing: The HPC must hold a public hearing on the design review applications. Notice of the hearing must be published in the City legal newspaper at least 10 days before the hearing and notice mailed to property owners within 350 feet of the site. At the hearing, after all have been given an opportunity to be heard, the HPC will either approve, approve with conditions, or disapprove the proposed design. e. Approval: If the application is approved, a Design Permit will be issued by the Planning Staff to the applicant, and Building Department. f. Appeal: The applicant or any interested person aggrieved with the HPC action, may, within 10 days, revise and resubmit the application to the HPC or appeal the decision to City Council. g. Building Permit: Once approved, the plans may be completed and submitted to Building Officials for Building Permit review. The plans will also then be reviewed for Design Permit compliance by the Planning Staff. h. Enforcement: The Community Development Department will monitor compliance with the Design Permit and any conditions of approval. Subd. 6. Review of permits. Permit review shall be as follows: Revised: 5/11/2018 (1) Site alteration permit. The commission shall review and recommend approval or disapproval of the issuance of a site alteration permit to do any of the following in a heritage preservation site. The application shall be accompanied by detailed plans including a site plan, building elevations and design details and materials as necessary to evaluate the request. Regular city permits shall also be required. a. Remodel, alter or repair in any manner, including paint color that will change the exterior appearance of a historic building or a site. b. New construction. c. Signs. The design review committee shall make a final decision on the granting or denial of a sign permit after seeking the recommendation of the community development director. The sign applicant or any party aggrieved by the decision of the committee has a right to appeal the decision to the city council, which shall sit as a board of adjustment and review. d. Moving of buildings. e. Partial or total demolition. This does not apply to structures required to be demolished according to Minn. Stat. ch. 463. (2) City activity. The commission shall review and make recommendations to the city council concerning city activity that could change the nature or appearance of a heritage preservation site. (3) Preservation program. All commission decisions with respect to this section shall be according to the approved program for the rehabilitation of each heritage preservation site. The following guidelines shall be used to evaluate applications for site alteration permits: a. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended purposes. b. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features must be avoided when possible. c. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. d. Changes which may have taken place in the course of timeChanges, which may have taken place in the course of time, are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected. e. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity. f. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. If replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features must be based on accurate duplication of features, substantiated by historic, physical or pictorial Revised: 5/11/2018 evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. g. The surface cleaning of structures shall be undertaken by the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. h. Contemporary design for alterations and additions shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. i. Whenever possible new additions or alterations to structures shall be done in a manner that if the additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Subd. 7. Findings. Before approving any permit application required under subdivision 6 of this section, the commission shall make findings based on the program for preservation and architectural control for the heritage preservation site in regard to the following: (1) Alterations or additions to an existing building must not materially impair the architectural or historic value of the building. These findings should consider the existing structures and exterior appearances, building height, building width, depth or other dimensions, roof style, type of building materials, ornamentation and paving setback. (2) Prior to approval of any building demolition, the commission shall make written findings of the following: Architectural and historic merit of the building, the effect on surrounding buildings, the effect of any new proposed construction on the remainder of the building (in case of partial demolition) and on surrounding buildings, the economic value or usefulness of the building, as it now exists or if altered or modified in comparison with the value or usefulness of any proposed structures designated to replace the present building. (3) New buildings shall not materially impair the architectural or historic value of buildings on adjacent sites or in the immediate vicinity within the historic preservation site. Subd. 8. Limitations. If within 45 days from the filing of a building permit application the commission has neither approved nor denied the building permit application, the plans and permit application shall be deemed to have been approved by the commission and if all other requirements of the city have been met, the commission shall authorize a permit for the proposed work. No permit shall be issued or work commenced if the commission disapproves the application in accordance with this section. Subd. 9. Emergency repair. In emergency situationsemergencies where immediate repair is needed to protect the safety of the structure and its inhabitants, the building official may approve the repair without prior commission action. In the case of a permit issued under this subdivision, the building official shall immediately notify the commission of its action and specify the facts or conditions constituting the emergency. Subd. 10. Appeal to the city council. The permit applicant or any party aggrieved by the commission's decision shall, within ten days of the date of the commission's order and decision, have a right to appeal such order and decision to the city council. The appeal shall be deemed perfected upon receipt by the clerk of two copies of a notice of appeal and statement setting forth the grounds for the appeal. The clerk shall give one copy of the notice of appeal and statement to both the city council and the commission. The Revised: 5/11/2018 commission, in any written order denying a permit application, must inform the applicant of his right to appeal to the city council and include this subdivision in all such orders. Subd. 11. Penalty for violation of section. An owner or occupant of any area, place, building, structure or other object within a duly designated heritage preservation site who violates this section shall be guilty of a misdemeanor. Any architect, builder, contractor, agent, person or corporation who assists in the commission of a violation of this section shall be guilty of a misdemeanor. For each such day an owner or occupant of any area, place, building, structure or other object within a duly designated heritage preservation site allows any work to be performed on any area, place, building, structure or other object in violation of this section, it shall constitute a separate violation, and it shall be punishable as such. A heritage preservation site on which there exists any remodeling, repairing, construction or a building moved in violation of this section, is declared a nuisance and the imposition of the penalties prescribed shall not prevent the city from instituting an appropriate action or proceeding to prevent an unlawful remodeling, repair, construction, building, building moving or demolition or to restrain, correct or abate a violation. Subd. 12. Repository for documents. The clerk's office is designated as the repository for at least one copy of all studies, reports, recommendations and programs required under this section. Subd. 13. Recording of heritage preservation sites. The clerk's office shall record with the county recorder or registrar of titles the legal description of all lands designated as heritage preservation sites by the city council and shall transmit a copy of the legal descriptions to the building official. (Code 1980, § 22.07; Ord. No. 664, 6-5-87; Ord. No. 720, 3-6-90; Ord. No. 749, 1-7-92; Ord. No. 770, 4-6-93; Ord. No. 822, 5-21-96; Ord. No. 965, § 3.D, 2-21-06; Ord. No. 1008, § 2, 7-7- 09; Ord. No. 1094, § 2, 5-16-17) Sec. 22-8. - Conditions for appointment to city boards and commissions. Subd. 1. Eligibility. No person shall be eligible for appointment to any board or commission of the city, unless they are a qualified voter of the city, an owner of real property within the city, or an owner and an operator of a business with a place of business within the city (Downtown Parking Commission). Subd. 2. Limitation on service. No person shall be eligible to serve on more than one board or commission at the same time. Subd. 3. Publicity. The clerk shall make reasonable efforts to publicize vacancies on any board and commission and shall keep a list or roster of the names, addresses, telephone numbers and qualifications of those interested in serving for a period of one year (Code 1980, § 22.08; Ord. No. 822, 5-21-96) Cross reference— Human rights commission, § 25-1; library board, § 47-1; parks and recreation board, § 48-1. State Law reference— State history, Minn. Stat. ch. 138. Sec. 22-9. - Administrative citations and civil penalties. Revised: 5/11/2018 Subd. 1. Purpose. The city council finds that there is a need for alternative methods of enforcing this Code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard Code violations as being important. Accordingly, the city council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement shall be in addition to any other legal remedy whichremedy that may be pursued for Code violations. Subd. 2. General provisions. (1) A violation of chapter 43 of this Code, Liquor, or chapter 41, section 41-2, Tobacco, or the acts prohibited in those sections are an administrative offense, which may be subject to an administrative citation and civil penalties pursuant to this chapter. Each day a violation exists constitutes a separate offense. A violation of sign regulations as described in Section 31-509 of the Stillwater City Code entitled "Sign Regulations." In addition, the hearing officer is given authority to determine whether a dog is a dangerous dog within the meaning of Minn. Stat. § 347.50, subd. 1(2) or a potentially dangerous dog within the meaning of Minn. Stat. § 347.50, subd. 1(3). (2) An administrative offense may be subject to civil penalty not exceeding $2,000.00. (3) The city council must adopt by resolution a schedule of fines for offenses initiated by administration citation, appeals, and fees to be paid to administrative hearing officers shall be established from time to time by resolution of the city council. The city council is not bound by that schedule when a matter is appealed to it for administrative review. The city council may adopt a schedule of fees to be paid to administrative hearing officers. (4) The city coordinator administrator and city clerk must adopt procedures for administering the administrative citation program. Subd. 3. Administrative citation. (1) The chief of police or his designee may issue an administrative citation upon belief that a violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. (2) The person responsible for the violation must either pay the scheduled fine or request a hearing within seven days after issuance. Payment of the fine constitutes admission of the violation. A late payment fee of ten percent of the scheduled fine amount shall be imposed in accordance with subdivision 7 of this section. (3) The chief of police or his designee may issue a notice to the owner of a dog that is believed to be dangerous or potentially dangerous. The notice must state the grounds Revised: 5/11/2018 for believing that the dog is dangerous or potentially dangerous and the manner of appealing the determination to the administration hearing officer. Subd. 4. Administrative hearing. (1) The city council shall periodically approve a list of hearing officers from which the city coordinator administrator will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The accused shall have the right to request no later than five than five days before the date of the hearing that the assigned hearing officer be removed from the case. One request for removal for each case will be granted automatically by the city coordinatoradministrator. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she cannot fairly and objectively review the case. The city may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case. If a finding is made, the officer must remove himself or herself from the case, and the city coordinator administrator must assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by Minn. Stat. § 609.415. The hearing officer must not be a city employee. The city coordinator administrator must establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and city staff. These reports must be provided to the city council. (2) Upon the hearing officers own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena shall be responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. Any person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena shall be guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance. (3) Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten days in advance, unless a shorter time is accepted by all partiesall parties accept a shorter time. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply. The hearing officer must tape record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. (4) The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: a. The duration of the violation; b. The frequency or reoccurrence of the violation; c. The seriousness of the violation; Revised: 5/11/2018 d. The history of the violation; e. The violator's conduct after issuance of the notice of hearing; f. The good faith effort by the violator to comply; g. The economic impact of the penalty on the violator; h. The impact of the violation upon the community; and i. Any other factors appropriate to a just result. (5) The decision of the hearing officer is final; however, an aggrieved party may obtain judicial review of the decision of the hearing officer in accordance with state law. (6) The failure to pay the fine or request an appeal within 30 7 days after the citation of or the failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of "good cause" are: death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the time; and lack of proper service of the citation or notice of the hearing. "Good cause" shall not include forgetfulness and intentional delay. Subd. 5. Recovery of civil penalties. (1) If a civil penalty is not paid within the time specified, it shall constitute: a. A lien upon the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or b. A personal obligation of the violator in all other situations. (2) A lien may be assessed against the property and collected in the same manner as taxes. (3) A personal obligation may be collected by any appropriate legal means. (4) A late payment fee of ten percent of the fine must be assessed for each 30 day30-day period, or part thereof, that the fine remains unpaid after the due date. (5) Failure to pay a fine is grounds for suspending or revoking a license associated with the violation. Subd. 6. Criminal penalties. The following are misdemeanors, punishable in accordance with state law: (1) Failure, without good cause, to pay a fine or request a hearing within 30 days after issuance of an administrative citation. (2) Failure, without good cause, to appear at a hearing whichhearing, which was scheduled under subdivision 4 of this section. (3) Failure to pay a fine imposed by a hearing officer within 30 days after it was imposed, or such other time as may be established by the hearing officer, unless the matter is appealed under subdivision 5 of this section. (4) Failure to pay a fine imposed by the city council within 30 days after it was imposed, or such other time as may be established by the city council. Revised: 5/11/2018 (Ord. No. 868, § 1, 12-1-98; Ord. No. 911, § 1, 8-7-01; Ord. No. 942, § 1, 3-16-04; Ord. No. 1022, § 1, 12-7-10) Sec. 22-10. - Background checks. Subd. 1 The City of Stillwater shall perform employment background checks, according to State and Federal Laws, The City Administrator or designee ,is authorized to conduct a criminal history background investigation on finalists for the following employment positions within the city, unless the City Administrator concludes that a background investigation is not needed: all regular part time and full time employees of the City of Stillwater; paid on call firefighters; all other positions that work with children or vulnerable adults.. Subd. 2. The City Administrator, or designee are authorized to conduct driver's license investigations of city employees and employment finalists for purposes of verifying compliance with job position and insurance requirements and conducting disciplinary investigations relevant to such requirements. Subd. 3 Background Checks On Licensees: The City Administrator or designee is required, as the exclusive entity within the city, to perform a criminal history background investigation on applicants and managers, according to State and Federal laws, for the following licenses within the city: a. Tobacco licenses. b. Towing licenses. c. Peddler licenses. d. Pawnbrokers e. Liquor Establishments (5a. Tobacco licenses. b. Towing licenses. c. Peddler licenses. In conducting the criminal history background investigation in order to screen license applicants, the police department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the police department under the care and custody of the chief law enforcement official or designee. A summary of the results of the computerized criminal history data may be released by the police department to the licensing authority, including the city council, the city administrator, or other city staff involved the license approval process. Revised: 5/11/2018 Before the investigation is undertaken, the applicant must authorize the police department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. ch. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minn. Stat. § 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant's request on this basis, the city shall notify the applicant in writing of the following: a. The grounds and reasons for the denial. b. The applicant complaint and grievance procedure set forth in Minn. Stat. § 364.06. c. The earliest date the applicant may reapply for the license. d. That all competent evidence of rehabilitation will be considered upon reapplication. Applicants for city employment and applications for city licenses; purpose. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's computerized criminal history information for specified non-criminal purposes of employment background checks for the positions described in subsection (2), and licensing background checks by those licenses described in subsection (5). (2) Criminal history employment background investigations. The Stillwater Police Department is hereby required, as the exclusive entity within the city, to do criminal history background investigation on the applicants for the following positions within the city, unless the city's hiring authority concludes that a background investigation is not needed: all regular part- time, temporary, temporary seasonal, on-call, full time employees and volunteers with the City of Stillwater and any city positions that work with children or vulnerable adults. (3) In conducting the criminal history background investigation in order to screen employment applicants, the police department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the police department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the computerized criminal history data may be released by the police department to the hiring authority, including the city council, the city administrator, or other city staff involved in the hiring process. (4) Before the investigation is undertaken, the applicant must authorize the police department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. ch. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minn. Stat. § 364.09, the city will not reject an applicant for employment on the basis of the applicant's prior conviction unless the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant's request on this basis, the city shall notify the applicant in writing of the following: a. The grounds and reasons for the denial. b. The applicant complaint and grievance procedure set forth in Minn. Stat. § 364.06. c. The earliest date the applicant may reapply for employment. d. That all competent evidence of rehabilitation will be considered upon reapplication. Revised: 5/11/2018 (5) Criminal history license background investigations. The Stillwater Police Department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for the following licenses within the city: City licenses: a. Tobacco licenses. b. Towing licenses. c. Peddler licenses. In conducting the criminal history background investigation in order to screen license applicants, the police department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the police department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the computerized criminal history data may be released by the police department to the licensing authority, including the city council, the city administrator, or other city staff involved the license approval process. Before the investigation is undertaken, the applicant must authorize the police department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. ch. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minn. Stat. § 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant's request on this basis, the city shall notify the applicant in writing of the following: a. The grounds and reasons for the denial. b. The applicant complaint and grievance procedure set forth in Minn. Stat. § 364.06. c. The earliest date the applicant may reapply for the license. d. That all competent evidence of rehabilitation will be considered upon reapplication. (Ord. No. 895, 5-16-00; Ord. No. 1052, § 1, 10-30-12; Ord. No. 1057, § 1, 1-22-13) Sec. 22-11. - Administrative offenses. Subd. 1. Purpose. Administrative offense procedures established pursuant to this chapter are intended to provide the public and the city with an informal, cost effective and expeditious alternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty, as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the city may bring criminal charges in accordance with the law. Likewise, the city, it its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the city will seek to collect costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. Revised: 5/11/2018 Subd. 2. Administrative offense defined. An administrative offense is a violation of a provision of this Code and is subject to the administrative penalties set forth in the City’s current fee schedule adopted by the City Council annually. schedule of offenses and penalties referred to in Resolution 2008-55, adopted May 8, 2008, hereafter. Subd. 3. Notice. Any officer of the Stillwater Police Department, or any other person employed by the city, authorized in writing by the city manager administrator and having authority to enforce this Code shall, upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date and time of the violation, the name of the official issuing the notice and the amount of the scheduled penalty. Subd. 4. Payment. Once such notice is given, the alleged violator may, within ten days of the time of issuance of the notice, pay the amount set forth on the Schedule of Penalties* for the violation. The penalty may be paid in person or by mail and payment shall be deemed to be anan admission of the violation. * Note— The Schedule of Penalties is set out in its entirety as Exhibit A immediately following this section 22-11t in the city’s current fee schedule resolution that is adopted annually by the City Council. Subd. 5. Court appearance request. Any person contesting an administrative offense pursuant to this section may, within ten days of the time of the issuance of the notice, request a court appearance. A person requesting a court appearance will be issued a citation/summons for the violation and a court date will be set. The administrative offense procedure will then terminate. Subd. 6. Failure to pay. In the event a party charged with an administrative offense fails to pay the penalty within ten days, or request a court appearance within ten days, a misdemeanor or petty misdemeanor charge will be brought against the alleged violator in accordance with applicable city ordinances and state statutes. Upon issuance of the misdemeanor or petty misdemeanor charge, the administrative offense procedure shall terminate. If the penalty is paid in full within ten days, no similar charge may be brought by the City of Stillwater for the same incident. Subd. 7. Disposition of penalties. All penalties collected by the Stillwater Police Department, pursuant to this chapter, shall be paid to the city's finance director and may be deposited in the city's general fund. Subd. 8. Offenses and penalties. Offenses which may be charged as administrative offenses and the penalties for such offensesOffenses that may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the city council from time to time. Copies of such resolutions shall be maintained in the administrative offices. Subd. 9. Subsequent offenses. In the event a party is charged with a third administrative offense within a 12-month period, administrative notice/penalty may not be issued and a misdemeanor or petty misdemeanor charge shall be brought against the alleged violator. EXHIBIT A ADMINISTRATIVE FINE SCHEDULE CITATION TO MINN. STATUTES OR TO CITY CODE Traffic Control Signals $70.00 Minn. Stat. § 169.06 Revised: 5/11/2018 Speeding (1—15 MPH over limit) 70.00 Minn. Stat. § 169.14 Fail to Yield Right-of-way 70.00 Minn. Stat. § 169.20 Fail to Yield at Yield Sign 70.00 Minn. Stat. § 169.201 Fail to Yield to Pedestrian in Crosswalk 70.00 Minn. Stat. § 169.2151 Seatbelt Violation 60.00 Minn. Stat. § 169.686 Fail to Use Child Restraint 70.00 Minn. Stat. § 169.685 Crossing Fire Hose 80.00 Minn. Stat. § 169.41 One-Way Streets and Alleys 70.00 Minn. Stat. § 169.18, Subd. 6 Yield Intersections 70.00 Minn. Stat. § 169.20, Subd. 4 Stop Sign 70.00 Minn. Stat. § 169.20, Subd. 3 Passing on the Right where Prohibited 70.00 Minn. Stat. § 169.18, Subd. 4 Prohibitions; Stopping, Parking 70.00 Minn. Stat. § 169.34 Handicapped Parking 200.00 Minn. Stat. § 169.346 Littering From Motor Vehicle 75.00 Minn. Stat. § 169.42 Snowmobiles 70.00 City Code § 51-6 Roller Skates; Skateboards 50.00 City Code § 51-8 Jake Braking-Loud Muffler 75.00 City Code § 51-8 Recreational Vehicles violation 50.00 City Code § 51-7 Revised: 5/11/2018 Method of Parking 50.00 City Code § 51-2 Winter Parking; Snow Emergencies 50.00 City Code § 51-5 Open Burning or Leaves 100.00 City Code § 23-1, Subd. 10 Noise, Noisy Parties or Gatherings Electronic Sound System/Audio Equipment 100.00 100.00 City Code § 38-2 City Code § 38-3 Public Nuisance Defined 75.00 City Code § 38-1, Subd. 2 Public Nuisances Affecting Health 75.00 City Code § 38-1, Subd. 2(1) Public Nuisances Affecting Peace and Safety 75.00 City Code § 38-1, Subd. 2(2) Animal Violations 50.00 City Code § 27-1-5 Public Parks: Hours of operation, permitted activities 50.00 CityCode § 48-5 Public Parks: Prohibited Acts 50.00 City Code § 48-2 Conducted on Licensed Premises/Disorderly Conduct, Disorderly House, Alcohol, etc. 50.00 City Code § 43-1 Minn. Stat. § 609.72 Curfew 50.00 City Code § 52-11 Disturbing the Peace 150.00 City Code § 52-1 Sign Violations 75.00 City Code § 31-1- 26(7) Possession of Alcohol in Public 75.00 City Code § 52-15 (Ord. No. 994, § 1, 5-6-08) Date: May 8, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Youth Member for Human Rights Commission REVIEWED BY: Tom McCarty, City Administrator Donna Robole, Human Resources Manager Human Rights Commission The Human Rights Commission has requested that Council consider allowing a student representative on their Commission. It has been approximately 14 years since the “student representative” was removed from the Human Rights ordinance due lack of student interest; that has changed. Because of changes regarding working with youth/minors, staff suggested that a Youth Representative Handbook and Youth Application be developed. The Youth Representative Handbook will provide a youth representative applicant an informational overview of the commission and their responsibilities while serving on the commission. It also provides Commission guidelines regarding working with youth representatives. The Human Rights Commission has reviewed, approved, and recommends the handbook and application to Council for approval. It is proposed to add “one of which may be a youth representative,” under membership, to the HRC ordinance which would allow the addition of a youth representative should there be a future interest. As with our other Boards/Commissions the student must be a resident of Stillwater. ACTION REQUIRED: Consider Human Rights Commission request, review the handbook and application. If Council approves, they should direct staff to prepare an ordinance amending the membership to add “one of which may be a youth representative” for a 1st reading on June 5, 2018. YOUTH REPRESENTATIVE HANDBOOK (MAY, 2018) Page 1 of 18 Contents Welcome ................................................................................................................................................................... 2 What is a Youth Representative ...................................................................................................................... 2 History of the City of Stillwater Youth Representative .......................................................................... 2 Purpose/Operation of Human Rights Commission ................................................................................. 2 Requirements to Serve ........................................................................................................................................ 2 Term ........................................................................................................................................................................... 3 Application Process .............................................................................................................................................. 3 Your Role .................................................................................................................................................................. 3 Tips for Youth Leaders from Youth Leaders............................................................................................... 3 Youth Representative Policies ......................................................................................................................... 5 Operating Guidelines ........................................................................................................................................... 6 Understanding the Structure of Government............................................................................................. 6 Understanding City Government .................................................................................................................... 7 Explanation of Stillwater City Council and Government ....................................................................... 7 City of Stillwater Board/Commission/Committees ................................................................................. 8 Frequently Asked Questions .......................................................................................................................... 11 What is a Quorum? ............................................................................................................................................ 11 Explanation of Parliamentary Procedure ................................................................................................. 11 Glossary of Parliamentary Procedure Terms .......................................................................................... 12 Basic Robert’s Rules of Order Motions Chart .......................................................................................... 13 APPENDIX “A” ...................................................................................................................................................... 14 APPENDIX “B” ...................................................................................................................................................... 15 APPENDIX “C” (Will be inserted after adoption of ordinance) ....................................................... 17 Page 2 of 18 WELCOME Congratulations on being selected as a Youth Representative for the City of Stillwater’s Human Rights Commission! As you start this exciting venture, you may have some questions and you may become curious or concerned about some issues throughout the year. This manual was designed to assist you on your journey as a Youth Representative. WHAT IS A YOUTH REPRESENTATIVE Friends and family will probably ask you to describe what a Youth Representative to the Human Rights Commission is all about. If you are unsure about what it is or how best to explain it to others, the program could be summarized as: “Incorporating youth involvement in the City of Stillwater’s Human Rights Commission in order to provide insight and education on Human Rights in the schools and community, from a young person’s perspective, while giving youth the opportunity to learn about human rights and expand their civic engagement and leadership capacity.” HISTORY OF THE CITY OF STILLWATER YOUTH REPRESENTATIVE The Human Rights Commission was formed in April 1995 with a membership of 11 Commissioners, and one of the duties of the membership was to advise the School District on matters relating to human rights. At that time the Stillwater Senior High was located in Stillwater and 2 of the 11 members were students and residents of the City of Stillwater, as required by the City’s Charter. In 1999, the Human Rights Commission’s membership was reduced to 7 members and the youth membership was removed, due in part to the Stillwater High School being located in Oak Park Heights and lack of student interest in the Commission. In 2017, the student interest has increased and the Human Rights Commission requested that a voting youth member be added to the Commission. PURPOSE/OPERATION OF HUMAN RIGHTS COMMISSION The purpose/operation of the Human Rights Commission is defined by the Commission’s Bylaws (Appendix “B”) and Chapter 25 of the Stillwater City Code (Appendix “C”). REQUIREMENTS TO SERVE According to the Human Rights Commission Ordinance, adopted ________________________, there may be one Youth Representative on the Commission. Youth members will have a non-binding advisory vote on the Commission. The requirements to be appointed as a City of Stillwater Youth Representative to the Commission include: Youth entering the program must be a student in 9th through 12th grade Youth must be a City of Stillwater resident Youth must be able to attend the monthly meetings of the Commission Must attend 50% of the Commission meetings during their term Page 3 of 18 Youth should attempt to attend additional commission meetings that are combined with other boards or commissions (i.e. Human Rights Commission & City Council) TERM The Youth Representative will serve a one-year term (September 1 to August 31). There are no term limits, but returning members must meet all the program requirements in order to re-apply. APPLICATION PROCESS The application consists of basic contact information, school, GPA, and short answer questions about your intended objectives for the Human Rights Commission and how participation on the Commission will increase your civic awareness and leadership skills. The application will include a written recommendation. City of Stillwater Human Rights Commission Chair and Council Representative will review applications and recommend to the City Council for consideration. The City Council as a whole appoints members to the commission. YOUR ROLE Your role is to represent the youth of the City of Stillwater on the Human Rights Commission. How can you be effective in your role as a Youth Representative? Here are a few initial suggestions: Attend meetings on a regular basis Stay up to date on important human rights issues facing the City of Stillwater Make sure that you seek input of other young people Other things to keep in mind come from youth who have served in similar roles from around the country. Here are their tips taken from the book: Youth on Boards TIPS FOR YOUTH LEADERS FROM YOUTH LEADERS These 13 tips are helpful to young people who serve on board/commissions or other governing bodies with adults. They were developed by young people who have been in these positions and know the pressures involved. (Source: 15 Points: Successfully Involving Youth in Decision-Making) 1. You belong in leadership You might feel inexperienced at first, or you may think that the adults do not want to hear what you have to say. Remember that your opinions are key to the work the group is doing. As a young person, you have a right and responsibility to be there. Young people are part of their communities, and organizations need to hear from them. 2. Find allies Find people on the staff and the governing bodies who seem to take young people seriously. Sit next to them at meetings, have lunch with them, or talk to them during breaks. When you forget that your role in the group is important, they can help remind you. Page 4 of 18 3. Ask questions If you do not understand something, make sure to ask someone. Your questions are important. You need to understand what is going on, and it will not help anyone if you sit quietly without understanding certain discussions. There will be times when you will feel shy or not interested in what is going on. No matter how you are feeling, it is important to ask questions so you can stay involved. 4. Build a support base for yourself Find three young friends who are interested in what you are doing with the group. Talk to them openly about what frustrates you, excites you, or bores you about your work. Choose good listeners who can help you think things through and get some of your feelings out. 5. Get the word out about your leadership You have a responsibility to get the word out about the importance of youth leadership to as many young people as possible. It is not just about serving on your board/commission or committee. It is about giving other young people information they can use to take charge. 6. Know that you are not alone There are many young people out there on boards/commissions, advisory boards/commissions, student councils, etc., working to make a difference in how things are done. You may sometimes feel that the work of your group is not important. Connecting with other youth leaders can help remind you that there is a youth voice movement going on and you are part of it. 7. If you are feeling bored, take responsibility for making the work interesting Learn the language of the board/commission or of the organization (e.g., acronyms and jargon). Ask the questions you need to ask. Say at least two things at every meeting, so you always stay engaged in what is going on. If you feel that meetings need to be jazzed up, suggest something different to do, like brainstorming or small group activities. Chances are other people will also be more engaged if meetings are more interactive. 8. If you do not like how something is going, change it You are a member of the group. If you do not think the agenda is interactive enough or you do not like your board or commission assignment, speak up and work with people to make changes. This may not be easy. You may have to talk it through with people a few times to win them over. 9. Don’t get discouraged If it feels like people are not listening or are disrespectful, keep trying. Change usually takes time. Take notice when adults do listen and try to understand your thoughts. If you feel like someone is talking down to you, do not be quiet about it. Bring it up. The groups need to deal with the issue. Page 5 of 18 10. Go to all meetings Find out the dates and write them all down in your calendar. Be prepared for meetings. Refer to the city board/commission website for information regarding other board or commission agendas and minutes. The website is: www.ci.stillwater.mn.us Links to Minutes and Agendas are can be found at: https://public.ci.stillwater.mn.us/weblink/Browse.aspx?startid=175393 11. Take on leadership Get involved in the work that happens outside of commission meetings, and make your presence known. 12. Relax, have fun, and be yourself You are a member of the governing body, and you should show who you really are. Think of the other people in the group as your peers. 13. Appreciate adult allies Recognize that adults are trying their best, even if things are not going well. Resist the temptation to criticize. YOUTH REPRESENTATIVE POLICIES 1. Youth participation by grade: Youth must be in 9th, 10th, 11th or 12th grade at the time of the application/appointment. 2. Non-attending youth participants: Commissioners should contact the City Clerk regarding any attendance concerns of youth board or commission members. 3. Screening applications: City of Stillwater Human Rights Commission Chair and Council Representative will review applications and recommend to the City Council for consideration. 4. Youth representation: In an effort to strive for representation of the entire City youth population, selection of youth will be based upon equal opportunity. 5. Attendance: Any Youth Representative not attending at least 50% of their board or commission meetings within the first four months of their selection, will be asked to step down and an alternate will take their place on the board or commission. 6. Youth commission appointments: The Youth Representative cannot serve on the Commission if they have a family member on the Commission. Page 6 of 18 OPERATING GUIDELINES Time Period: Youth will serve on the City Human Rights Commission from September 1 through August 31 of each year. Attendance: Youth are expected to attend all Commission meetings. If they are unable to attend a meeting they should contact the Chair of the Commission. If the Youth Representative develops a pattern of missing meetings, the Chair of the Commission should contact the City Clerk for further consideration. Communications: Youth will receive all communications sent to Commission members. If a meeting is cancelled or location changed – remember to contact the Youth Representative. Meetings: The Youth Representative is permitted to vote on all motions made at the Commission meetings. On roll call votes, their vote should be taken before the Human Rights Commission member’s vote (this is done to avoid any unintended influence by adult members). The Youth vote is recorded in the minutes for the record. UNDERSTANDING THE STRUCTURE OF GOVERNMENT It might sound odd, but when it comes to the structure of our government, it might be easier to understand if you think of broccoli. You start with a big hunk of broccoli and notice that it looks like a tree. You break off a smaller chunk, and it still looks like a tree. No matter how small the pieces get, they still look like trees. Scientists and mathematicians call this phenomenon and others like it, “fractals.” Our system of government in the United States is somewhat similar. Like many other nations in the Western Hemisphere, we have a government structure known as a “federal system.” This means that we have three levels of government: national, state, and local. Most other nations in the world have a “unitary system” (notice the root word “un” or “one”) which, simply stated, means that they have one national form of government with a small degree of local control. How is the federal system like broccoli? All three levels – national, state, and local – mirror one another. All three levels have separated powers in the following manner: a legislative branch, an executive branch, and a judicial branch. The legislative branch makes laws. At the national level, we have senators and members of the House of Representatives. Each state has two U.S. senators. The number of members of the House of Representatives (frequently called congressmen) varies depending on the population of the state. Minnesota has eight, Betty McCollum serves our district. The number of electoral votes each state has for presidential elections is determined by combining the number of senators and congressmen. Minnesota, therefore, has 10 electoral votes. Page 7 of 18 The State also has its own legislative branch made up of state senators and state representatives (also referred to as the Minnesota State Legislature). Our local State Representatives are Kathy Lohmer and Robert Dettmer (State House of Representatives) and Karin Housley (State Senate). At the local level, the City Council, which are elected by the ward system and represent a particular portion of the City, with the Mayor elected at large, and boards and commissions are our Legislative Branch. The executive branch “executes”, or carries out, the laws that the legislative branch makes. At the national level we have the President, state level is the Governor who carries out the laws of Minnesota. Each municipality also has its own executive. For instance, the City of Stillwater is served by Mayor and City Council. Townships are served by chairmen and supervisors. City of Stillwater programs are overseen by the City Administrator. Finally, the judicial branch makes sure that the laws themselves are fair and that they are carried out in a fair manner. The Supreme Court of the United States has nine justices, Minnesota’s Supreme Court has seven justices, and locally, we are served by the 10th Judicial District and we have 45 judicial officers (judges). There are a few other things that everyone should know about our government. For instance, each branch has some control over the other branches. This is known as “checks and balances”, an example of how we limit the power of our politicians. We are also a representative democracy. That means that we elect representatives who make, carry out, and judge our laws for us. So you see, our branches of government can be easier to understand if you compare them to branches on little broccoli trees. UNDERSTANDING CITY GOVERNMENT The origins of the word “city” means bigger town. Kingdoms were ruled by kings; principalities by princes; and counties by counts. In England, counties also became known as shires (like Yorkshire) and the chief law enforcer in a shire was called “reeve.” We now use the term “sheriff” or “shire reeve.” Forty-eight states have governmental divisions called counties. Louisiana uses the term “parish” and Alaska uses “borough.” Texas has the most counties with 254 and Hawaii and Delaware have the least with 3 each. Minnesota has 87. EXPLANATION OF STILLWATER CITY COUNCIL AND GOVERNMENT The Stillwater City Council consists of the Mayor and four Council members which is nonpartisan (meaning no political party affiliation is identified). Each Council member is elected from four different parts of the City called Wards and the Mayor can be from any Ward and is elected “at large.” Those Wards are adjusted every ten years after the federal census is complete, or when boundaries need to be adjusted. Page 8 of 18 The Stillwater City Council is the legislative branch of the City government and operates under powers granted by the State Legislature and as designated a Home Rule Charter City. Home Rule Cities derive their powers from a Home Rule Charter, which also defines the specific powers of elected officials and appointed staff. The Charter is, in effect, a local constitution. Charter adoption, amendment and abandonment procedures are found in state statutes. The Charter may provide for any form of municipal government, as long as it is consistent with state laws that apply uniformly to all cities in Minnesota. The City Council creates City policy, approves expenditures and generally serves as the governing body of the City government. The City Council meets on the first and third Tuesdays of each month, in the Council Chambers on the main floor of City Hall, at 216 Fourth Street North in Stillwater. The City Council act by resolutions or ordinances, which are typically recommended by one of the boards/commissions or City staff. Those resolutions and ordinances are generally forwarded to the City Council for full consideration and vote. CITY OF STILLWATER BOARD/COMMISSION/COMMITTEES The following are very brief descriptions of each of the 12 City of Stillwater Boards, Commissions, and Committees. All members of the City’s Boards/Commissions/Committee must be a resident of the City of Stillwater. It does not encompass the full scope of their tasks and work. If you have Page 9 of 18 specific questions, ask your City Clerk or staff member working with the advisory group for a more in-depth description of the Board or Commission. Meeting location is City Hall unless otherwise noted. Board of Water Commissioners The Water Board is a separate entity that is under the operation and management of the Board of Water Commissioners, even though it is owned by the City. The Board of Water Commissioners is organized by Stillwater City Code, Chapter 1, Article XIII. Its purpose is to manage and operate all things in and about the City which it may deem necessary for the proper sanitary, healthful and economical operation of all waterworks. The Board consists of 3 members who serve for a period of 3 years. They meet on the 3rd Thursday of the month at 8:30 a.m., Board of Water Commissioners office at 204 3rd Street South. Charter Commission The Charter Commission is organized by Minnesota Statutes, Chapter 410. Its purpose is to study the local Charter and City government and recommend changes, when appropriate. The Charter Commission consists of 9 members who serve for a period of 4 years. The Charter Commission meets the 3rd Monday of the month, 3 or more times per year, at 7 p.m. The members are not appointed by the City Council, they are appointed by the Chief Judge of District Court. Downtown Parking Commission The Downtown Parking Commission (DTPC) is organized by Resolution No. 92-249, and amended by Resolution Nos. 2008-36, 2009-95 and 2017-096. Its purpose is to oversee the development and implementation of the Downtown Parking Plan, including planning for long- range parking lot improvements and day-to-day regulation of public parking spaces. The DTPC consists of 7 members, who serve for a period of 3 years. They meet on the 3rd Thursday of the month at 8:30 a.m. Heritage Preservation Commission The Heritage Preservation Commission (HPC) is organized by City Code, Chapter 22-7, and fulfills the City’s requirement as a Certified Local Government. Its purpose is to safeguard the heritage of the City by working toward the preservation of historical sites and structures. The HPC consists of 7 members, who serve for a period of 3 years. They meet on the 3rd Wednesday of the month at 7:00 p.m. Human Rights Commission The Human Rights Commission (HRC) is organized by City Code, Chapter 25. Its purpose is to aid and advise the City Council in ensuring equal opportunity for all citizens in those areas protected by law and in other related concerns. The HRC is composed of 7 members, who serve for a period of 3 years. They meet the last Wednesday of the month at 7 p.m. Joint Cable Commission The Joint Cable Commission was created by the Joint Powers Agreement, dated 02/01/1982, as amended. Its purpose is to administer the cable communication franchise ordinance. There are 2 primary members and 1 alternate member from each municipality (Bayport, Oak Park Heights, Page 10 of 18 and Stillwater). At least 1 primary member must be an elected official. Members serve 2 year terms. The Joint Cable Commission meets the 3rd Wednesday of even months at 7 p.m., Valley Access Channels, 1492 Frontage Rd. West, Stillwater. Joint Planning Commission The Joint Planning Commission was created by the Orderly Annexation Agreement with Stillwater Township. The Mayor and Council member of Ward 3 are designated as representatives for the City. The Joint Planning Commission meet on an as needed basis when the proposed development or project affects Stillwater Township. Library Board The Library Board is organized by City Charter, Chapter 1, Article XIV. Its purpose is to operate and maintain the Stillwater Public Library and the expenditures of all library funds. The Library Board consists of 9 members, who serve for a period of 3 years, and are limited to 3 consecutive terms by Minnesota Statute. They meet on the 2nd Tuesday of the month at 7:00 p.m. at the Stillwater Library. Parks and Recreation Commission The Park and Recreation Commission is organized by City Code, Chapter 48. Its purpose is to advise the City Council and other advisory commissions regarding matters relevant to parks, open spaces, and recreation functions, including development and management of City parks, trails and playgrounds. The commission consists of 7 members, who serve for a period of 3 years. They meet on the 4th Monday of the month at 7 p.m. Planning Commission The Planning Commission is organized by City Code, Chapter 22-05. Its purpose is to act as the City’s planning agency pursuant to the Comprehensive Plan as a pattern and guide for the physical, economic and social development of the City, as well as the review of requests for variances, special and conditional use permits, subdivisions requests and general project review. The commission consists of 7 members, who serve for a period of 3 years. The current planning commission shall be gradually reduced to six members as the current members resign or retire from office and at that time the Council representative will become a voting member. They meet on the 2nd Wednesday of the month at 7 p.m. Traffic Safety Review Committee The Traffic Safety Review Committee is organized by Resolution. Its purpose is to review requests for modifications to traffic control signage, pedestrian safety, and traffic calming. The Traffic Safety Review Committee consists of 5 members, including 2 members from Engineering/Public Works, 2 from Police and 1 from Fire (if needed). The members serve for a period of 3 year terms. They meet quarterly (March, June, September, December) on the 2nd Tuesday of the month at 5:30 p.m. Page 11 of 18 FREQUENTLY ASKED QUESTIONS What do I do if I unable to attend a commission meeting? Youth are expected to attend all Human Rights Commission meetings. If a Youth Representative is unable to attend a Commission meeting, they should contact their mentor and/or the Chair of the Commission. As a youth representative, how many board or commission meetings may I miss? Any member not attending at least 50% of their Commission meetings by November will be asked to step down and an alternate will take their place. Where and when is the commission meeting held? Typically the Commission meets on the last Wednesday of the month at 7:00 p.m. at Stillwater City Hall, 216 4th Street N, Stillwater, MN. For specific details, the Youth Representative should ask their Commission Chair. Is there a dress code for board or commissions? As a general guideline, business casual is expected. Do I really get to vote? The Youth Representative is permitted to vote on all motions made at the commission’s meetings. Youth members should vote before any Human Rights Commission member’s vote (this is done to avoid any unintended influence by adult members). The Youth vote is recorded in the minutes for the record, but is a non-binding advisory vote. WHAT IS A QUORUM? The number of members necessary to conduct a meeting 7 members – 4 members = quorum 6 members – 4 members = quorum 5 members – 3 members = quorum 4 members – 3 members = quorum 3 members – 2 members = quorum EXPLANATION OF PARLIAMENTARY PROCEDURE Parliamentary Procedure is one of the most effective means by which individuals can take orderly action as a group. It is an organized system where the smallest minority (even just one person) can be heard, while preserving the right of the majority to prevail. Parliamentary Procedure helps make meetings be easier, shorter, and more productive. One of the oldest and most popular set of rules in Parliamentary Procedure is Robert’s Rules of Order. It is the set of rules used by most legislative bodies. The following information will help you to better understand the process of adhering to Robert’s Rules of Order: Order of Business in Parliamentary Procedure I. Call to Order II. Roll call Page 12 of 18 III. Approving Minutes IV. Open Forum – Public Comments/Concerns V. Unfinished Business VI. New Business VII. Communications VIII. Commission Member Requests IX. Adjourn Steps in Making a Decision in Parliamentary Procedure 1. Motion – A motion is a request that something be done or that something is the opinion or wish of the group. Only one motion should be placed before the group at one time. It is debatable and amendable. When making a motion, one should say “I move that…” instead of “I make a motion that….” 2. Second – Someone from the group must “second” the motion, or agree to the motion, so that it can be discussed. 3. Discussion – The motion “on the floor” is discussed by all members, addressing the pros and cons of the issue. 4. Re-state the motion – The chair re-states the motion before the group votes. 5. Vote - The group votes by saying “aye” for yes/approval or “nay” for no/disapproval. MOTIONS: The City has a recording secretary who prepares minutes via digital audio only. In order to have the minutes reflect the correct person who made and seconded the motion, the motion should be stated as follows: I, (Last Name) move that (or “to”)……………….., seconded by (Last Name)………… GLOSSARY OF PARLIAMENTARY PROCEDURE TERMS Adjourn – to end the meeting Chair – the presiding officer Address the chair –say “Mr./Ms. Chair” Quorum – the number of members necessary to conduct a meeting Amend – change or modify a motion Minutes – the record of report of each meeting’s work Majority Vote – the vote of more than half of the members To Obtain the Floor – receive from the chair the right to speak. No one speaks unless recognized by the chair Page 13 of 18 BASIC ROBERT’S RULES OF ORDER MOTIONS CHART Based on Robert’s Rules of Order Newly revised (10th Edition), the motions below are intended to be a basic primer of commonly used motions. They are listed in order of common use – not in order of precedence. Some motions take precedence over other motions. You Want: You Say: 2nd? Debate? Amend ? Vote? Bring business before commission (a main motion) I move that (or “to”)… Yes Yes Yes Majority Modify the wording of a motion I move to amend the motion by… Yes Yes Yes Majority Lay aside temporarily I move to lay the question on the table Yes No No Majority Take matter from table I move to take from the table… Yes No No Majority Kill main motion I move that the motion be postponed indefinitely Yes Yes No Majority Refer to board or commission I move to refer the motion to… Yes Yes Yes Majority Limit or extend debate I move that debate be limited to… Yes No Yes 2/3 Take a break I move to recess for… Yes No Yes Majority Make commission follow the agenda I call for the orders of the day No No No None Request more information Point of information No No No None Enforce rules Point of Order No No No None Demand a rising vote Division No No No None Close the meeting I move to adjourn Yes No No Majority Parliamentary law question Parliamentary inquiry No No No None Page 14 of 18 APPENDIX “A” COMMISSIONER RESPONSIBILITIES TO YOUTH MEMBER The Commission members are critical to the success of the Youth Representative. Simply stated, the role of all Commissioners is the communication with the Youth Representative. The Commissioners should have experience in City government meetings or similar, and must pass a required background check. Commissioners should be willing to devote time to assist the Youth as well as any training the City deems beneficial to the commission. The Commissioners ensure that the Youth selected to serve receive the full benefits from participation including: Youth Voice and Representation: Commissioners should help Youth find their own voice by providing information and resources so the Youth can have meaningful input into discussions and decisions. Youth should be encouraged to share their ideas and opinions. This may mean from time to time that the Youth may disagree with their Commissioner’s opinions. Community Improvement: Commissioners should advocate for youth commission members to make sure that their ideas are heard. Providing a welcoming and respectful environment is critical for youth to add their insight and perspective (i.e. for the first 2-3 meetings, all board or commission members and staff introduce themselves). Youth could have a lot to add, but sometimes they may need to be asked. Positive Youth Development: Commissioners should keep in mind that this is a learning experience for young people. Commissioners should reinforce skill development among Youth Representatives by helping youth improve their communication skills, organization skills, and decision-making skills. Commissioners should communicate with the Youth Representative on a regular basis and follow-up with Youth members who are not fulfilling their responsibilities. Civic Development: Commissioners should provide basic information about City of Stillwater government and commission information (i.e. Robert’s Rules of Order, board or commission protocol, etc.). In addition, Commissioners should encourage Youth Representatives to be responsible ambassadors and share information with other young people. Our civil society is strengthened when youth become informed and thoughtful citizens. In order to keep youth safe and to protect Commissioners, the City of Stillwater recommends the following best practices when serving as a Commissioner: Always meet your Youth Representative in open, public places Respect privacy of the Youth Representative and keep the relationship professional When possible, have at least three people present when meeting with the Youth Representative Avoid transportation of the Youth Representative In order to avoid role conflict, the Youth Representative should not participate on campaigns of City of Stillwater elected officials Page 15 of 18 APPENDIX “B” BY-LAWS OF THE STILLWATER HUMAN RIGHTS COMMISSION (Adopted by the City Council September 19, 2017) I. CHAIR Annually, at the June meeting, two commissioners shall be elected as Chair and Vice Chair for the Commission. The Chair serves as chair for a one year term beginning in June. The Vice Chair fulfills the Chair’s duties in his/her absence. The Chair’s duties shall: 1. Preside over meetings, record attendance. 2. Prepare written agenda for each meeting and deliver it to the City Clerk or its designee one week prior to the meeting. 3. Facilitate the activities of monthly meetings according to the suggestions of the commission II. SUPPORTING STAFF The Stillwater City Council shall provide a person to: 1. Provide audio recording equipment for the transcription of minutes of the meeting. 2. Distribute minutes, agenda, and other pertinent notices. 3. Provide such additional support as is designated by the commission with the consent of the City Council. III. MEETINGS 1. There shall be at least one regular meeting in each calendar month unless a quorum of the members agree otherwise. 2. All regular meetings shall be open to the public. 3. The commission may hold special meetings to complete or initiate business at the call of the chair, or upon the request of three (3) members of the commission. Chair should provide information to the City Clerk seven (7) business days in advance of the required publication. The notice must contain: a. Date and Time of the meeting b. Purpose of the special meeting The commission may transact any business within its powers at a special meeting. The commission should, however, only transact business for which notice has been provided in the special-meeting notice. All statutory provisions governing regular meetings, including the open meeting law, apply to special meetings. 4. Each member shall be notified at least forty-eight (48) hours previous to any special meeting, of the time, place and purpose of the same. 5. The commission shall follow the most recent issue of Robert’s Rules of Order. 6. A quorum shall consist of four (4) members. If a quorum is not present at the meeting, the Chair must adjourn to another date. Page 16 of 18 IV. ATTENDANCE 1. In the event that a member misses three (3) consecutive meetings, or one-fourth of the meetings in any one twelve (12) month period, the commission may request the City Council to replace that member. The person shall be given notice regarding their absenteeism by the Chair prior to the commission requesting that the council replace the member. Thirty (30) days shall be given to the member for a response to the commission before any action is taken. 2. The Chair must be notified prior to a meeting if a member will be unable to attend the meeting. 3. Agenda Layout: I. Call to Order II. Roll call III. Approving Minutes IV. Open Forum – The Open Forum is a portion of the Commission meeting to address the Commission on subjects which are not a part of the meeting agenda. V. Unfinished Business VI. New Business VII. Communications VIII. Commission Member Requests IX. Adjourn V. COMMITTEES 1. Committee chairs or their representatives shall report at each regular meeting. 2. The duties and responsibilities of the various committees shall be defined at the time of their formation by the commission. 3. All committees shall maintain records of all meetings, recommendations, actions, memberships, etc. 4. Each committee, with the approval of the Stillwater Human Rights Commission, may state the number of citizens it chooses to have as members of that committee. 5. Citizens may be selected by the Stillwater Human Rights Commission for committee membership. 6. Citizens shall have voting rights only at committee meetings. Committee reports to the Human Rights Commission shall be presented by the committee chairperson. Any commissioner may make a minority report. VI. AMENDING THE BYLAWS 1. These articles can be amended by approval of 2/3 of the commission membership. 2. Proposed amendments shall be mailed to commission membership five (5) days prior to the meeting at which they are to be voted upon. Page 17 of 18 APPENDIX “C” STILLWATER CITY CODE, CHAPTER 25 HUMAN RIGHTS COMMISSION (WILL BE INSERTED AFTER ADOPTION OF ORDINANCE) City of Stillwater Youth Representative Application Page 1 of 5 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us WHY YOUTH REPRESENTATIVE Youth leadership development is critical in building civic capacity and long-term community sustainability in the City of Stillwater. Programs that teach useful skills and build the self-confidence of young people ensure capable, effective leaders for the next generation. In addition, recent national trends, including an increase in youth civic service and new emphasis on civic education in schools, indicate a growing need for leadership training to ensure young people are prepared to participate in political and civic life. HUMAN RIGHTS COMMISSION The Human Rights Commission (HRC) is organized by Stillwater City Code, Chapter 25. Its purpose is to aid and advise the City Council in ensuring equal opportunity for all citizens in those areas protected by law and in other related concerns. The HRC is composed of 7 members, who serve for a period of 3 years. They meet the last Wednesday of the month at 7 p.m. at Stillwater City Hall, 216 4 th Street, in the Council Chambers, Room 213. PURPOSE The purpose of the Youth Representative on the Human Rights Commission is to create a model of youth empowerment within the City of Stillwater, through direct participation in local government. The overall goal is to bring the youth voice to community issues and concerns while fostering the development of confident, independent, and motivated youth leaders. LENGTH OF TERM Youth members will serve a one-year term (September 1 to August 31). There are no term limits, but returning members must re-apply. MEMBERSHIP Youth entering the program must be a student in 9th through 12th grade Youth must be a City of Stillwater resident Youth must be able to attend the monthly meetings of the Commission Must attend 50% of the Commission meetings during their term Youth should attempt to attend additional commission meetings that are combined with other boards or commissions (i.e. Human Rights Commission & City Council) Youth Representatives will not be paid a stipend or mileage for attending meetings. Commission meetings are held in a professional, formal manner, based on Robert’s Rules of Order. Each Youth Representative will have a non-binding advisory vote on the committee. The Youth Representative will be included in all open session discussions and votes at the Commission level; however, they will not be provided an opportunity for participation in the debate on the City Council floor. Youth and Commission members are volunteerS. City of Stillwater Youth Representative Application Page 2 of 5 APPLICATION PROCESS Prospective Youth Representatives will be required to submit a written application and recommendation. The application consists of basic contact information, school, and short answer questions about their intended objectives for their participation on the Human Rights Commission and how the membership will increase their civic awareness and leadership skills. The City of Stillwater will review the youth applicants and make final recommendations to the Stillwater City Council for official appointment. COMMISSION MEMBERS The Human Rights Commission will serve as a mentor to the Youth Representative. Each Commissioner’s role is to offer support and guidance to the Youth Representative throughout their term on the Commission. RECOGNITION Youth Representatives who complete the program will be recognized for their contributions at a Stillwater City Council meeting in August. The City of Stillwater City Clerk’s Office 216 4th Street N Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us City of Stillwater Youth Representative Application Page 3 of 5 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us APPLICATION Last Name: First: _________________________________ MI. Street Address: __________ City: Stillwater, MN 55082 Phone Number: __________________________________________ E-Mail: ____________________________________________________________ School: Grade: 1. Why are you interested in participating as a Human Rights Commission Youth Representative? 2. What qualities do you possess that would benefit the Human Rights Commission you serve on? 3. How would you benefit from serving on the Human Rights Commission? City of Stillwater Youth Representative Application Page 4 of 5 4. How would the City of Stillwater and the community benefit from your representation on the Human Rights Commission? 5. Please note any leadership positions you have held. 6. If selected, will you be able to serve for one year and commit your time and energy to this important role? Yes No 7. Is there any information you would like to add? I grant the City of Stillwater the right to use, publish, and copyright my child’s image (including audio, moving image or photograph) for educational programs, website, and promotion of City programs. City of Stillwater adheres to all Federal and State laws associated with this use. ____Yes ____No I do not want the City of Stillwater to reveal my child’s name, address, or telephone number as part of a public record or list. I want the City of Stillwater to be aware of the following disability: Applicant Signature: Date: I, Parent/Guardian (Print Name): acknowledge that youth participating in Youth Representative will complete an evaluation of the program. Parent/Guardian Signature: Date: School Counselor_______________________________________________ Date: ____________________ PLEASE SEND COMPLETED APPLICATION FORM AND REFERENCE FORM TO: The City of Stillwater, City Clerk’s Office 216 4th Street N, Stillwater, MN 55082 City of Stillwater Youth Representative Application Page 5 of 5 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REFERENCE FORM (Completed by an ADULT who will serve as reference for you) THIS FORM IS TO BE RETURNED TO THE CANDIDATE IN A SEALED ENVELOPE FOR SUBMISSION ALONG WITH THEIR APPLICATION. Name of Youth Applicant: As part of the process for selecting youth representatives on various the City of Stillwater Boards or Commissions, the Selection Committee is seeking recommendation and information for each candidate. Please provide us your input regarding the following areas: Unknown Poor Fair Good Excellent Leadership qualities Maturity Interest in service Responsibility Positive attitude Please provide additional comments in the space below: Reference Name: Title: (Please Print) Signature: Date: Phone#: THANK YOU! CITY OF STILLWATER, MINNESOTA Council & Board/Commission Handbook Prepared By: J. Thomas McCarty, City Administrator Diane F. Ward, City Clerk David Magnuson, City Attorney Adopted by City Council Resolution ___________ on _________________ - ii - Contents Stillwater’s Mission and Values ................................................................................................................... 8 Chapter 1: Overview and resources........................................................................................................... 9 Introduction ....................................................................................................................................................... 9 Resources ............................................................................................................................................................ 9 Stillwater City Charter................................................................................................................................................ 9 Stillwater City Code ..................................................................................................................................................... 9 League of Minnesota Cities (LMC) ......................................................................................................................... 9 Minnesota State Law ................................................................................................................................................ 10 National League of Cities (NLC) ........................................................................................................................... 10 Other .............................................................................................................................................................................. 10 Chapter 2: Form of government ............................................................................................................... 11 Council‐Manager (Administrator) plan................................................................................................. 11 Mayor and Council ........................................................................................................................................ 11 Council member terms ............................................................................................................................................ 12 Sources of City Authority ............................................................................................................................ 12 Chapter 3: City Council ................................................................................................................................ 13 Mayor ............................................................................................................................................................................. 13 City Council .................................................................................................................................................................. 13 Stay informed and involved .................................................................................................................................. 13 Chapter 4: Council meetings ...................................................................................................................... 14 General .......................................................................................................................................................................... 14 Quorum ......................................................................................................................................................................... 14 Types of meetings ......................................................................................................................................... 14 Align with Minnesota open meeting law.......................................................................................................... 14 Regular meetings ...................................................................................................................................................... 14 Agenda ........................................................................................................................................................................... 15 Special meetings ........................................................................................................................................................ 15 Closed meetings ......................................................................................................................................................... 15 Emergency meetings ............................................................................................................................................... 16 Meeting procedures - See Appendix I. .............................................................................................................. 16 Page 4 of 62 Chapter 5: Advisory boards, commissions, committees and task forces .................................. 17 Volunteer appointments ........................................................................................................................................ 17 Representation by Council members ................................................................................................................ 17 Staff support ................................................................................................................................................................ 17 Staff relationship to advisory bodies ................................................................................................................. 18 Board and Commissions ............................................................................................................................. 18 Board of Water Commissioners .......................................................................................................................... 18 Charter Commission ................................................................................................................................................ 19 Downtown Parking Commission ........................................................................................................................ 19 Heritage Preservation Commission ................................................................................................................... 19 Human Rights Commission ................................................................................................................................... 19 Joint Cable Commission .......................................................................................................................................... 19 Joint Planning Commission ................................................................................................................................... 19 Library Board ............................................................................................................................................................. 19 Parks and Recreation Commission .................................................................................................................... 20 Planning Commission .............................................................................................................................................. 20 Traffic Safety Review Committee ........................................................................................................................ 20 Task forces and advisory committees ............................................................................................................... 20 Committees or other associations ...................................................................................................................... 20 Chapter 6: Open meeting law and data practices .............................................................................. 21 Open Meeting Law ......................................................................................................................................... 21 Minnesota Government Data Practices Act .......................................................................................... 21 Public or private? ...................................................................................................................................................... 22 Public record ............................................................................................................................................................... 22 Elected and appointed officials ........................................................................................................................... 22 Personnel data ........................................................................................................................................................... 22 Private record (Examples) .................................................................................................................................... 23 Chapter 7: Code of conduct ........................................................................................................................ 24 Conflict of interest ........................................................................................................................................ 25 Incompatible offices ..................................................................................................................................... 25 Gifts .................................................................................................................................................................... 25 Liabilities ......................................................................................................................................................... 26 Page 5 of 62 Ethical leadership ......................................................................................................................................... 26 Key traits of ethical leaders ................................................................................................................................... 26 Recall of elected officers ............................................................................................................................. 27 Chapter 8: Compensation ........................................................................................................................... 28 City Council compensation .................................................................................................................................... 28 Payroll information .................................................................................................................................................. 28 Public Employees Retirement Association benefit ...................................................................................... 28 Chapter 9: Communications and media relations ............................................................................. 29 Communications ............................................................................................................................................ 29 Align with Minnesota Open Meeting Law ........................................................................................................ 29 Citizen questions, comments and concerns .................................................................................................... 29 Written correspondence ........................................................................................................................................ 29 Electronic communications .................................................................................................................................. 30 Social media ................................................................................................................................................................ 30 Communication tips for email and social media ........................................................................................... 30 Public perception ...................................................................................................................................................... 30 Official versus individual perspectives ............................................................................................................. 30 Public information .................................................................................................................................................... 30 Large outreach ........................................................................................................................................................... 30 Discoverability ........................................................................................................................................................... 30 Media relations .............................................................................................................................................. 31 Media inquiries .......................................................................................................................................................... 31 City Administrator’s role ........................................................................................................................................ 31 Good to know when media calls .......................................................................................................................... 31 Chapter 10: Travel policy for City Council, Boards and Commissions ....................................... 32 Chapter 11: Rules to govern by ................................................................................................................ 33 Land use laws.................................................................................................................................................. 33 Public improvements ................................................................................................................................... 33 Actions requiring ordinances ................................................................................................................... 34 Licenses and permits ................................................................................................................................... 35 Chapter 12: Leaving office and vacancies ............................................................................................. 36 Page 6 of 62 Leaving office .................................................................................................................................................. 36 Return of materials and equipment ................................................................................................................... 36 Vacancies .......................................................................................................................................................... 36 Chapter 13: City Administrator ................................................................................................................ 37 City Administrator’s role ............................................................................................................................ 37 Communication .............................................................................................................................................. 37 Professional associations ........................................................................................................................... 38 Council evaluation ........................................................................................................................................ 38 Chapter 14: City Organizational Structure ........................................................................................... 39 Restrictions on staff political involvement .......................................................................................... 39 City departments ........................................................................................................................................... 39 Community Development ...................................................................................................................................... 39 Engineering/Public Works .................................................................................................................................... 40 Finance Department ................................................................................................................................................ 40 Fire Department ........................................................................................................................................................ 40 Police Department .................................................................................................................................................... 40 Administration, Human Resources, Information Technology, City Clerk ........................................... 41 Legal Counsel .............................................................................................................................................................. 41 Scheduling meeting rooms .................................................................................................................................... 42 Technology .................................................................................................................................................................. 42 Chapter 15: Financial ................................................................................................................................... 43 Strategic plan, budget for operations and services ...................................................................................... 43 Budget process ........................................................................................................................................................... 43 Capital budget and improvement plan ............................................................................................................. 43 Financial statement .................................................................................................................................................. 43 Typical budget schedule ......................................................................................................................................... 44 Appendix I ........................................................................................................................................................ 45 Meeting procedures ..................................................................................................................................... 45 Presiding officer ........................................................................................................................................................ 45 Order of business ...................................................................................................................................................... 45 Voting Procedures ........................................................................................................................................ 48 Principal rules governing motions ..................................................................................................................... 48 Page 7 of 62 Parliamentarian ......................................................................................................................................................... 49 Other protocols .......................................................................................................................................................... 50 Appendix II ...................................................................................................................................................... 51 Index of commonly used terms ................................................................................................................ 51 Appendix III ..................................................................................................................................................... 60 Tips for successful public service as Council/Board/Commission Member ............................ 60 Appendix IV ..................................................................................................................................................... 62 ICMA Code of Ethics ...................................................................................................................................... 62 Page 8 of 62 Stillwater’s Mission and Values The City of Stillwater is committed to ensure the community has a healthy future and to provide services customers have come to expect. The City of Stillwater will strive to effectively and efficiently develop and strengthen assets that contribute to a City that is a great place to live, work and play. Mission Statement To provide the community with a quality living environment, quality public services and facilities while protecting cultural, historical and natural resources through fair and open government, careful planning, effective management and efficient fiscal policy. Core Values *Respect* Honor the diverse contributions of all to the betterment of the organization and community; treat all parties equitably. *Integrity* Ethical and principled approach dealing with issues, individuals and community; Earns others’ trust and respect though consistent honesty and professionalism in all interactions. *Trust* Truthful, open and accountable in all interactions *Quality* Excellence, pride and stewardship in delivery of best possible customer service with effective and efficient outcomes. *Competence* Strives for continuous improvement in self, community assets and management of resources. Page 9 of 62 Chapter 1: Overview and resources Introduction Welcome to the Stillwater City Council. Stillwater City Council members are one of a five‐member board of a public entity with a budget of $41 million (2018 – all funds). Council members jointly establish community policies, adopt annual budgets and provide community leadership. The City Council handbook is offered as a resource to City Council and Board/Commission members to provide information about opportunities and topics related to their role in local government. In addition to information found in this handbook, Council members are encouraged to work with the City Administrator for additional guidance and input. The City Administrator can be reached at tmccarty@ci.stillwater.mn.us or 651-430-8800. Resources The following publications are available online or in the City Administrator’s office: Stillwater City Charter (https://library.municode.com/mn/stillwater/codes/code_of_ordinances?nodeId=CH1CH) Stillwater is a charter city, as authorized by Minnesota Statutes Chapter 410 (available online at https://www.revisor.mn.gov/statutes/?id=410). Stillwater’s city charter is the city’s constitution approved by citizens that establishes the city’s form of government. Through charters, citizens design their city’s form of government. The charter commission is responsible for maintaining a responsive and efficient charter. The Chief Judge of District Court appoints Charter Commission members, who meet periodically to review the City Charter, discuss issues affecting the Charter and make recommendations to the City Council and the public for changes to the Charter. Stillwater City Code https://library.municode.com/mn/stillwater/codes/code_of_ordinances?nodeId=STMICO The City Code is a collection of ordinances that establishes city of Stillwater laws and regulations. Examples of topics covered within the City Code include, but are not limited to: City Charter, City administration, roles of officers, departments, mayor and Council member salaries, roles and responsibilities of various boards and commissions within the City organization, licensing requirements and regulations, public safety, planning and zoning, and City financing. League of Minnesota Cities (LMC) - www.lmc.org The League of Minnesota Cities is a membership organization dedicated to promoting excellence in local government. LMC serves its more than 800 member cities through advocacy, education and training, policy development, risk management, and other services. LMC provides information, education and training to elected officials and staff. LMC has an annual conference that provides an opportunity to connect with other member cities to learn how they have handled opportunities and issues. LMC provides legislative updates on the upcoming State Legislative session and the implication of any new legislation. They hold a risk management seminar every year and other seminars and sessions as needed. If resources exist and personal schedules allow, Council members are encouraged to attend LMC’s local, state and national conferences. Page 10 of 62 League of Minnesota Cities handbook for Minnesota cities provides information about Council member roles and responsibilities, laws regulating Council action and special Council requirements. https://www.lmnc.org/page/1/handbook-for-mn-cities.jsp Minnesota State Law - www.revisor.mn.gov/pubs/ Minnesota state law establishes many rules and regulations for Minnesota cities. National League of Cities (NLC) www.nlc.org/ The NLC advocates and promotes cities and towns, provides programs and services, keeps leaders informed of critical issues, strengthens leadership skills by offering numerous training and education programs, recognizes municipal achievements, partners with state leagues and provides opportunities for involvement and networking. This organization has an annual conference (in Washington D.C. in the spring and a fall conference in various locations) that focuses on lobbying and federal issues that impact cities and information about national policies. Other A number of professional associations and private firms provide training on a variety of City‐related topics. More information is available from the City Administrator. Contact staff at 651-430-8800. Page 11 of 62 Chapter 2: Form of government Council‐Manager (Administrator) plan Stillwater’s City Charter established the Council‐Administrator plan as the City’s form of government. The form of city government became popular at the turn of the century as part of the movement to reform and remove corruption from city organizations. The Council‐administrator plan combines the political leadership of elected officials with the administrative management experience of an appointed official. The Council is the policy making and legislative body; and the City Administrator is responsible for administration of the City. Discretionary powers of the City are vested in and executed by the City Council and are subject to initiatives, referendums and recall powers of the people. The City Council oversees City departments, but exercises this power through the City Administrator. The City Administrator is responsible for day‐to‐day City operations and is directly responsible to the City Council. Mayor and Council Stillwater has the weak mayor-Council plan which is the most predominant form of city organization and is used by 74 of the 107 home rule charter cities in Minnesota. Under this plan, administrative and legislative authority is the Council’s ultimate responsibility. The powers of the Mayor are generally no greater (or less) than those of any other member of the Council. No individual member of Council holds any specific administrative powers. The City Council is composed of a Mayor and four Council members. The Mayor is elected at large (city wide) and the remaining four are elected from each of the City’s four Wards. Council members must reside in the Ward which they represent. Page 12 of 62 Council member terms All Council member terms are four years. Terms are staggered. Terms expire on the first Monday in January after the November election. The number of terms a Council member may be elected to serve is unlimited. Candidates may file for election or reelection in the even numbered years (i.e., 2018, 2020). If, at any time, the Mayor or Council member is unable to complete a term, the vacancy is filled pursuant to Section 3.03 of the Stillwater City Charter and Minnesota Election Law. Sources of City Authority The U.S. Constitution does not mention cities. However, cities are influenced by the federal government indirectly through state governments and directly through participation in federal funding of programs. Minnesota State Constitution authorizes the Minnesota Legislature to provide for the “creation, organization, administration, consolidation, division and dissolution of local government units and their functions, for the change of boundaries thereof” (Minnesota constitution Article XII, Section 3, available online at www.revisor.mn.gov/constitution/). The Legislature provides general formation of cities; more specific details are included in the City’s Charter and Code. Additional City powers may be broadened or restricted by State Statute. The Legislature does provide cities some discretion over policy areas as long as it is consistent with State Statutes. Page 13 of 62 Chapter 3: City Council The City Council means a Mayor and four Council members. Each must be eligible to vote in Minnesota, registered to vote in the City and a resident of the City. Council members must live within the Ward they represent when elected and continue to reside there during their term unless boundaries change. Each person on the Council, including the Mayor, has one vote. Mayor The Mayor serves as chair at Council meetings. If the Mayor cannot participate at a meeting, the Vice Mayor assumes the Mayor’s duties as the Mayor pro tem. The Mayor is recognized as the head of City government for ceremonial purposes (examples: open houses, ribbon cuttings, citizen certificate presentations). City Council All City powers are vested in the City Council, except as otherwise specified by law or the Stillwater City Charter. The Council ensures all obligations and duties imposed on the City by law are implemented. Since the City Council exercises its authority or takes action as one body, individual members of Council cannot act on behalf of the City. The City Council is also the organization’s legislative body. Council members approve the tax rate, adopt the budget and set the City’s vision. The Council provides leadership for the community by identifying issues or opportunities and then implementing goals and strategies to solve issues. Council members focus on City policies, the City vision, ordinances and intergovernmental affairs. Some examples: land use development, comprehensive planning, capital improvement projects and strategic planning. The City Council gives the City Administrator the authority to implement policy through direction of operations and execution of strategic plans. Since the City Administrator is responsible for the City’s administrative duties, Council members should work with the City Administrator about items related to City employees, inquiries or other City topics. City staff executes Council policy and actions and provides information to keep the Council informed. The City Administrator and department directors provide staff direction and guidance through the chain of command. Stay informed and involved A key to success is to know the roles of the City Council and City staff. Council members receive a lot of information from a variety of sources. To be better prepared, it’s recommended that Council members learn about current issues, past issues, legislation and any other information which can be helpful to them. Opportunities to learn about the Council and the City: Attend Council meetings; Watch Council meetings on public access television Valley Access Channels – Channel 16 or view meeting videos online at http://www.ci.stillwater.mn.us/meetingvideos Participate in City functions and events outside of regular City Council meetings and work sessions. TIP Some Council members have found it useful to dedicate a place in their home for city information. Page 14 of 62 Chapter 4: Council meetings General The Council decides public meeting times and places. Currently, the Council meets the first Tuesday and third Tuesday of the month. Council’s regular meeting on the first Tuesday of the month will begin at 4:30 p.m. and be recessed no later than 6:00 p.m. and reconvene at 7:00 p.m. Council’s regular meeting on the third Tuesday of the month will begin at 7:00 p.m. Any other special session meetings will be scheduled on the alternate Tuesdays. Meetings are held on the second floor (4th Street Entrance) of the City Hall, 216 4th Street N. At the 2nd meeting in December, the City Clerk presents a calendar of meetings for the next year for approval. All meetings are held in compliance with Minnesota’s open meeting law. All regular and special meeting dates and times are posted in City Hall on the bulletin board in the lobby of the 2nd floor and http://www.ci.stillwater.mn.us/calendar All regular and special Council meetings are webcast and videotaped and broadcasted on public access television http://www.ci.stillwater.mn.us/meetingvideos [VACTV—local government channel 16]. The Council may decide its own rules and order of business for its meetings. The permanent record of the meetings are the written minutes once they are approved by the which are available to the public and can also be found online at: https://public.ci.stillwater.mn.us/weblink/Browse.aspx?startid=174217&cr=1 Quorum When holding City Council meetings, the Council needs a quorum (majority) to legally conduct business. At least three City Council members constitute a quorum. Types of meetings Align with Minnesota open meeting law The City Council and any committee, subcommittee, Board/Commission are subject to the Minnesota open meeting law www.house.leg.state.mn.us/hrd/pubs/openmtg.pdf. Communication among three (3) more Council and Board/Commission members should take place at an open meeting. Board/Commission quorums depend on the number of people on the board/commission. Council and committee members should generally act with caution when communicating face‐to‐ face or through written or electronic correspondence with each other. If a Council member wishes to share information with other members, do so through the City Administrator. Materials relating to agenda items for City business (including email) must be provided to the public at the meeting. Regular meetings The Stillwater City Council generally convenes twice each month. At the first meeting of the year, the Council: designates an official newspaper; designates depositories; designates Council representatives to various boards/commissions; and works on other organizational business as deemed necessary. Page 15 of 62 Agenda The Council packet contains an agenda with information about each agenda item. Packets are available to the public online at http://www.ci.stillwater.mn.us/meetingvideos and to the Council via Drop Box by 4:30 p.m. the Friday prior to each Tuesday Council meeting. Council members wishing to discuss an item at a work session or request action on an item at a Council meeting, should request the City Administrator place the item on the agenda. A brief report about a meeting or event can be done by Council members at a meeting without prior notice. Special meetings A special meeting of the Council refers to any meeting at a time or place different from that stated in the Council’s schedule of regular meetings. The Council may transact any business within its powers at a special meeting. The Council should, however, only transact business for which notice has been provided in the special-meeting notice. All statutory provisions governing regular meetings, including the open meeting law, apply to special meetings. Any special meeting must conform to Minnesota’s open meeting law. Council members are notified of special meetings at least one day prior to the meeting. Written notices are posted at least three days before a special meeting. Those who have filed a written request of notice for special meetings are also notified. Closed meetings The Stillwater City Council may meet in a closed meeting: to consider strategies for labor negotiations under the Public Employer Labor Relations Association; to evaluate the performance of an individual the Council has authority over (i.e., City Administrator); attorney‐client privilege; purchase or sale of property; security briefings. Meetings must be closed when: preliminary consideration of allegations or charges against an individual the Council has authority over (i.e., City Administrator): portions of meetings that include: o data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; o internal affairs data relating to allegations of law enforcement personnel misconduct or active law enforcement investigative data; o educational data, health data, medical data, welfare data or mental health data that are not public; o an individual’s medical records governed by certain sections of Minnesota law. Before a meeting can be closed, the Council must state on the record specific grounds and statute for permitting the meeting closed and describe the subject to be discussed. All closed meetings (except those closed as permitted by the attorney‐client privilege) must be electronically recorded at the public body’s expense. Unless otherwise provided by law, recordings must be preserved for at least three years after the meeting date. If a closed meeting is to evaluate an individual’s performance, this individual’s name must be Page 16 of 62 announced prior to closing the meeting. If this individual requests an open meeting, advance noticed must be provided so he/she can make an informed decision about opening the meeting. Emergency meetings The City Council has the statutory authority to call emergency meetings, which require immediate Council consideration. For example, a meeting may be called if there is a state of emergency, such as a natural disaster, to declare a local emergency. When emergency meetings are held the Council (through the City Administrator) must notify the media and public. Meeting procedures - See Appendix I. Page 17 of 62 Chapter 5: Advisory boards, commissions, committees and task forces The City of Stillwater has permanent advisory boards/commissions, committees and temporary advisory groups and task forces formed for a specific task and then dissolved, that the public serve on. Some boards/commissions/committees are created by ordinance, policy or state statute. The City has several Boards and Commissions comprising of volunteers who serve in an advisory capacity to the Council. The size of the Board/Commission determines the number of members required for a quorum (i.e. seven member commissions the quorum is 4 members). Volunteer appointments More than 85 community volunteers serve in an advisory capacity on City Boards/Commissions (permanent and temporary) designed to advise the Council on its decision making process. Members are recommended by the Chair and Council Representative of the Board/Commission and are appointed by the City Council. Representation by Council members City Council members may also be appointed as a liaison to a committee or assigned to a task force to facilitate communication and interaction between the Council, internal advisory bodies and other governmental and non‐profit organizations. A liaison enhances communication between the City Council and other organizations. Liaison members serve only for communication purposes and do not have any authority to vote, unless specifically designated by ordinance. Membership appointment to boards, commissions, committees, or task forces is made by City Council consensus. If more than one Council member wants to serve as a member of a particular outside group, the appointment is made by a majority vote of the Council. The City Council appoints representatives or members to various boards, Councils, commissions, committees and tasks forces at the first Council meeting of the year or on an as‐needed or as‐requested basis. Where applicable, the City Council appoints an alternate to attend outside boards, Councils, commissions or committees to attend a meeting if the main delegate is unable to do so. If after hours, the main delegate should notify the alternate as soon as possible. If during regular business hours, notify the City Administrator so staff can assist with notifying the alternate. Council members participating in policy discussions at regional meetings represent the Council’s consensus. Staff support Staff support is done in response to requests from the City Council or Board/Commission as a whole. The City Administrator’s office provides administrative support to City Council members. If requested, tasks that require significant time commitments, please consult with the City Administrator for support to complete these tasks. Requests for information, service‐related needs, or policy positions should be considered as an item for the City Council meeting agenda. Staff will complete work within a Council‐established timeline if directed by Council action. To request support, contact the City Administrator or City Clerk at 651- 430-8800. Page 18 of 62 Council or Board/Commission members may receive meeting materials at meetings or via email that would be included in public packet. Staff relationship to advisory bodies The City Administrator or Department Heads assign and direct staff to assist advisory bodies and ensure appropriate compliance with state and local laws and regulations. Advisory Boards/Commissions and task forces as a whole, may request staff to conduct certain work and such requests are reviewed in conjunction with the department’s workload. Members of Boards/Commissions, are only responsible for the subject matter of their specific advisory group. The chairperson is responsible for Board/Commission compliance with City Code and/or bylaws. Board and Commissions Boards and Commissions are advisory bodies to the City Council. They make recommendations to the City Council through adopted Council agenda procedures. When an advisory body wishes to correspond with an outside agency, the City Council needs to review and approve the communication. There are no term limits on Boards/Commissions except as noted in Minnesota Statutes (Library). Board and Commissions established by ordinance are included in the Stillwater City Code. The following are very brief descriptions of each of the 12 City of Stillwater Boards, Commissions, and Committees. All members of the City’s Boards and Commissions must be a resident of the City of Stillwater. It does not encompass the full scope of their tasks and work. If you have specific questions, ask your City Clerk or staff member working with the advisory group for a more in-depth description of the Board or Commission. Meeting location is City Hall unless otherwise noted. Board of Water Commissioners The Water Board is a separate entity that is under the operation and management of the Board of Water Commissioners, even though it is owned by the City. The Board of Water Commissioners is organized by Stillwater City Code, Chapter 1, Article XIII. Its purpose is to manage and operate all things in and about the City which it may deem necessary for the proper sanitary, healthful and economical operation of all waterworks. The Board consists of 3 members who serve for a period of 3 years. They meet on the 3rd Thursday of the month at 8:30 a.m., Board of Water Commissioners office at 204 3rd Street S. City Council Meeting 1st Tues. (4:30 & 7:00 p.m.) 2nd Tues. (7:00 p.m. Holiday (City Hall Closed) Downtown Parking (8:30 a.m.) Human Rights Commission (7:00 p.m.) Board of Water Commissioners (8:30 a.m.)* Library Board* Charter (7:00 p.m.) Park & Recreation 7:00 p.m. Heritage Preservation Planning Commission (7:00 p.m.) PC and HPC Submittal Deadline (4:30 pm) *Meeting not at City Hall SEPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sample Month Page 19 of 62 Charter Commission The Charter Commission is organized by Minnesota Statutes, Chapter 410. Its purpose is to study the local charter and city government and recommend changes, when appropriate. The Charter Commission consists of 9 members who serve for a period of 4 years. The Charter Commission meets the 3rd Monday of the month, 3 or more times per year, at 7 p.m. The members are not appointed by the City Council, they are appointed by the Chief Judge of District Court. Downtown Parking Commission The Downtown Parking Commission (DTPC) is organized by Resolution No. 92-249, and amended by Resolution Nos. 2008-36, 2009-95 and 2017-096. Its purpose is to oversee the development and implementation of the Downtown Parking Plan, including planning for long- range parking lot improvements and day-to-day regulation of public parking spaces. The DTPC consists of 7 members, who serve for a period of 3 years. They meet on the 3rd Thursday of the month at 8:30 a.m. Heritage Preservation Commission The Heritage Preservation Commission (HPC) is organized by City Code, Chapter 22-7, and fulfills the City’s requirement as a Certified Local Government. Its purpose is to safeguard the heritage of the City by working toward the preservation of historical sites and structures. The HPC consists of 7 members, who serve for a period of 3 years. They meet on the 3rd Wednesday of the month at 7:00 p.m. Human Rights Commission The Human Rights Commission (HRC) is organized by City Code, Chapter 25. Its purpose is to aid and advise the City Council in ensuring equal opportunity for all citizens in those areas protected by law and in other related concerns. The HRC is composed of 7 members, who serve for a period of 3 years. They meet the last Wednesday of the month at 7 p.m. Joint Cable Commission The Joint Cable Commission was created by the Joint Powers Agreement, dated 02/01/1982, as amended. Its purpose is to administer the cable communication franchise ordinance. There are 2 primary members and 1 alternate member from each municipality (Bayport, Oak Park Heights, and Stillwater). At least 1 primary member must be an elected official. Members serve 2 year terms. The Joint Cable Commission meets the 3rd Wednesday of even months at 7 p.m., Valley Access Channels, 1492 Frontage Rd. West, Stillwater. Joint Planning Commission The Joint Planning Commission was created by the Orderly Annexation Agreement with Stillwater Township. The Mayor and Council member of Ward 3 are designated as representatives for the City. The Joint Planning Commission meet on an as needed basis when the proposed development or project affects Stillwater Township. Library Board The Library Board is organized by City Charter, Chapter 1, Article XIV. Its purpose is to operate and maintain the Stillwater Public Library and the expenditures of all library funds. The Library Board consists of 9 members, who serve for a period of 3 years, and are limited to 3 consecutive terms by Minnesota Statute. They meet on the 2nd Tuesday of the month at 7:00 p.m. at the Stillwater Library. Page 20 of 62 Parks and Recreation Commission The Park and Recreation Commission is organized by City Code, Chapter 48. Its purpose is to advise the City Council and other advisory commissions regarding matters relevant to parks, open spaces, and recreation functions, including development and management of City parks, trails and playgrounds. The commission consists of 7 members, who serve for a period of 3 years. They meet on the 4th Monday of the month at 7 p.m. Planning Commission The Planning Commission is organized by City Code, Chapter 22-05. Its purpose is to act as the City’s planning agency pursuant to the Comprehensive Plan as a pattern and guide for the physical, economic and social development of the City, as well as the review of requests for variances, special and conditional use permits, subdivisions requests and general project review. The commission consists of 7 members, who serve for a period of 3 years. The current planning commission shall be gradually reduced to six members as the current members resign or retire from office and at that time the Council representative will become a voting member. They meet on the 2nd Wednesday of the month at 7 p.m. Traffic Safety Review Committee The Traffic Safety Review Committee is organized by Resolution. Its purpose is to review requests for modifications to traffic control signage, pedestrian safety, and traffic calming. The Traffic Safety Review Committee consists of 5 members, including 2 members from Engineering/Public Works, 2 from Police and 1 from Fire (if needed). The members serve for a period of 3 year terms. They meet quarterly (March, June, September, December) on the 2nd Tuesday of the month at 5:30 p.m. Task forces and advisory committees A task force or advisory committee is established by the City Council to address a specific issue. Once the issue has been addressed, the task force is usually disbanded or becomes inactive until it may be needed. Committees or other associations The City of Stillwater may belong to other organizations that serve various governments. As a member of the organization, the City of Stillwater can share in the benefit and services available. By working cooperatively with other governments, the City can have a voice in issues affecting the City of Stillwater and surrounding region. Metro Cities Metro Cities mission is to advance the shared interests of all metropolitan cities at the Executive Branch, Legislature and Metropolitan Council with a vision of an economically strong and vibrant metropolitan region that promotes successful communities. Metro Cities primary objective is to be an effective voice for metropolitan cities at the Legislature and Metropolitan Council, so as to influence state legislation affecting metro area cities, and regional policies that accommodate the needs of metro area cities. League of Minnesota Cities (LMC) The League of Minnesota Cities offers expertise in city government. The organization provides technical support to the Council, City Administrator and staff. LMC is committed to helping members build quality communities through effective advocacy, expert analysis, trusted guidance and collective action. Page 21 of 62 Chapter 6: Open meeting law and data practices Open Meeting Law With only a few exceptions, City Council meetings, including committees, subcommittees, and Board/Commission meetings are open to the public. The open meeting law ensures the public are fully informed about decisions made by elected officials and also ensures the public’s right to participate in City Council actions. More information about the open meeting law is available through the Minnesota House of Representatives at: www.house.leg.state.mn.us/hrd/pubs/openmtg.pdf. Whenever the Council meets the following information should be available to the public: date, time and location. The public should be able to: watch the meeting and be present; see how Council members vote on issues; receive printed information the Council has at the meeting; have a summary of Council minutes to be approved. Any scheduled gathering of the City Council or committee must give proper notice and be open to the public. Chance meetings and social gatherings are excluded; however, Council members cannot discuss or receive information on official business in private social settings. There are few exceptions to the open meeting law and specific requirements regarding notice and subject of closed meetings. Strict adherence to these requirements is necessary to avoid violating the statute. The City Attorney should be consulted when the Council is considering conducting a closed meeting. Council members who intentionally violate the provisions of the open meeting law are subject to personal liability up to $300 in civil penalties per single occurrence. Government entities are prohibited from paying these penalties for Council members. If a Council member has three or more intentional violations, the result is forfeiture of the right to serve on the City Council. Minnesota Government Data Practices Act Minnesota’s Data Practices Act gives public access to City records and data to balance the public’s right to know with respect for individuals’ privacy. The Act presumes that government data are public and accessible for inspection and copying unless a federal law, state statute, or temporary classification of data notes otherwise. Since there are significant penalties for willfully releasing private and confidential data, Council members should consult the City Administrator or City Clerk when there are questions about what information is public and private. In addition, a city that violates any provision of the Data Practices Act is liable for any damage as a result of the violation. The person damaged may bring action against the city to cover damages, plus costs and reasonable attorney fees. More information about the Minnesota Government Data Practices Act is available through the Minnesota House of Representatives: www.house.leg.state.mn.us/hrd/pubs/dataprac.pdf. The League of Minnesota Cities provides helpful information about data practices online: www.lmc.org/media/document/1/datapractices.pdf. Page 22 of 62 Public or private? Data is classified into categories to define confidentiality. These categories assist the city in deciding whether data can be released and to whom. Public record Communications (electronic or written) involving City Council members and members of advisory Boards and Commissions are public records (with a few exceptions as stated by the Minnesota Government Data Practices Act—www.house.leg.state.mn.us/hrd/pubs/dataprac.pdf). Communications not considered public record may still be public information (i.e., email, text messages). Those interested in copies of these items must file a public disclosure request. Requests for private data or information outside the scope of a Council member or Board/Commission member’s role should be routed to the City Administrator for assistance. Elected and appointed officials - financial disclosures required by Minnesota Statute and City Charter 5.12 Classified as public data on individuals. Personnel data Some personnel data of City employment applications, present and past employees, members of advisory boards and commissions, volunteers and independent contractors is public. Personnel public data: name salary contract fees pension fringe benefits expense reimbursements job title and job description education, training and previous work experience terms of any administrative or judicial agreement work location and work telephone number time records date of first and last employment existence and status of any complaints or charges against an employee Note: actual complaint circumstances are not public, whether or not the charge or complaint resulted in disciplinary action. The final disposition of any disciplinary action, with the reasons the action was necessary, and information documenting those reasons are public when final disposition is made. Final disposition also includes resignation when the resignation occurs after the final decision of the City or arbitrator. The following is public and refers to former or current applicants; either for employment or an appointment to an advisory board. Veteran status relevant test scores rank on eligibility list education, training and work availability Page 23 of 62 Private record (Examples) Applicants for City positions Names are private except when certified as eligible for employment and considered a finalist by the City Administrator. A finalist is someone called in for additional interviews, but has not been chosen for the position. Appraisal data: confidential until released or until the property is sold. Arrest data, response data and investigative data: classified as public information once the investigation is closed and charges are filed. Elected officials correspondence: The Minnesota Government Data Practices Act states that correspondence between individuals and elected officials is private; however, it can be made public by the sender or recipient. Property complaints: complaints to the City of Stillwater that are ordinance violations are confidential data. For example, if a neighbor reports another neighbor is in violation of an ordinance, the name of the complainant cannot be disclosed. Page 24 of 62 Chapter 7: Code of conduct The Mayor, Council, Board and Commission members are dedicated to promoting values and integrity of local government and democracy and committed to governing efficiently and effectively. After taking oath of office as a City Council or Board/Commission member, they agree to conduct themselves in accordance with the following code of conduct: The professional and personal conduct of Council and Board/Commission members must be above reproach and avoid the appearance of impropriety. Members should refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, the Board or Commission, staff or the public intended to disrupt and not further the City’s business. Council and Board/Commission members shall abide by applicable state laws, City ordinances and other doctrines relating to conduct of a Council member, Board and Commission members, including, but not limited to: conflict of interest, data practices and the open meeting law. Council and Board/Commission members maintain the confidentiality of information concerning property, personnel or legal affairs of the City. They shall neither disclose confidential information, without proper legal authorization, nor use such information to advance their personal, financial or other private interests. A Council and Board/Commission member does not use the official position to secure special privileges or exemptions for themselves or others. Each Council and Board/Commission member support the maintenance of a positive and constructive work place environment for City staff, private citizens and businesses dealing with the City, Council, and Boards and Commissions. All members will recognize their roles, as delineated in the City Charter, City Code and Minnesota Statutes and in individual dealings with City staff. No Council or Board and Commission member shall, except as specifically permitted by Minnesota statutes, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise or any other form under circumstances in which it could be reasonably expected to influence the member in the performance of the member’s official duties or intended as a reward for the member’s official actions. Council or Board and Commission members shall comply with the letter and spirit of the Council’s meeting expectations, remain impartial in other members judgement and actions and refraining from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council or Board/Commission. Council and Board/Commission members will not testify in their capacity as a Council member or Board and Commission member, before any other board, commission, administrative officer or agent of the federal government, the state of Minnesota or of any county or other municipal corporation, including cities, except as provided. Exceptions to the policy: o if the member is testifying in such capacity pursuant to a lawfully issued subpoena; o in the event the Council has designated the member or members to act as a spokesperson for the Council or Board/Commission as a whole, to explain the majority vote or Council’s Page 25 of 62 or Board or Commission’s position; If speaking as an individual citizen, it is important to share that it is your perspective being presented and not on behalf of the City, or the Council or Board/Commission. In addition, members must refrain from testifying orally or in writing as to any quasi‐judicial matter being heard, or having the possibility of being heard by the Council. Conflict of interest Generally, state law prohibits public officers from having a personal financial interest in a sale, lease, or contract they are authorized to make in their official capacity. A “public officer” would include a Mayor, Council member, or Board and Commission member or City staff. City Charter 5.12 also addresses Conflict of Interest and the requirement for financial disclosures of City Officials An interested officer should disclose his or her interest at the earliest stage and abstain from voting or deliberating on any contract in which he or she has an interest. There are some exceptions to the general prohibition on contracting with City officials defined in state law. When the exceptions are used, generally the contract must be approved by unanimous vote of the Council. To help determine if a conflict exists consider the: nature of the decision being made; nature of the financial interest; effect of the individual interest on the outcome of the decision by the Council. Another conflict of interest situation may occur when the official’s own personal interest is so distinct from the public interest that the member cannot be expected to represent the public interest fairly in deciding the matter. Some common areas are planning and zoning issues, public improvements, special assessments, licenses, land purchases and vacation of streets. Some other areas are church memberships, family associations and club memberships. There are detailed procedures that must be followed to use any exception to the conflict of interest law. Any questions regarding a conflict of interest should be addressed with the City Administrator and City Attorney. The City Attorney would provide an opinion and any procedures to follow. LMC has more information on Conflict of Interest at: https://www.lmnc.org/media/document/1/officialconflictofinterest.pdf?inline=true Incompatible offices Generally, individuals in elected office are prohibited from holding incompatible offices. The City Attorney should be consulted on concerns about elected officials holding two separate offices. Stillwater City Council members cannot hold any other City office or City employment during tenure as a Council member. A former member of the City Council cannot be employed by the City until one year after the term they were elected for has expired. Gifts State law defines a “gift” as money, property (real or personal), a service, a loan, the forbearance or forgiveness of debt, or a promise of future employment, given and received without the giver receiving something of equal or greater value in return. Page 26 of 62 Elected and appointed “local officials” generally may not receive a gift from any “interested persons.” A “local official” represents any elected or appointed official of a City, or of an agency, authority, or instrumentality, including members of a board or commission. The gift prohibition clearly applies to the members of the City Council. However, the law does not further define the term “local official”, making it unclear if the law intends to cover all city employees, or just certain high-level employees (such as city managers or administrators) and other appointed officials. This is also addressed in the City’s Charter 5.12 Since so many individuals can get involved in the decision-making process, trying to distinguish between city “employees” and “officials” becomes quite difficult. As a result, the safest course of action is to assume the law applies to all board and commissions, employees, regardless of their title or job responsibilities. Some commonly encountered exceptions to the gift law include lawful campaign contributions and food or beverages given at a reception, meal, or meeting the official has been invited to attend. If there is ever any question about accepting or declining a gift, the best option may be to decline. Liabilities The City of Stillwater carries personal liability insurance policies on elected officials, appointed officials, employees and officers. The City defends a person who is performing job duties and is not guilty of malfeasance in office, willfully neglecting their duties or acting in bad faith. Ethical leadership Ethical leadership of Council, Board and Commission members, employees is vital to the functioning of the city and to maintain the public’s trust and confidence in the city and democratic process. Key traits of ethical leaders Recognize that ethical questions may be complex. As a result, they are willing to seek and accept the advice of knowledgeable officials such as the City Administrator, City Attorney or City staff. Understand that ethical conflicts are inevitable and should be dealt with forthrightly. Elected and appointed officials are human and citizens of their community. On occasion, it is expected that they will have needs or roles in their private lives that conflict with public office obligations. Ethical officials are open about potential conflicts of interest and follow applicable rules for disclosing and dealing with the conflict (such as refraining from discussion and voting on a particular issue) to avoid even the appearance of impropriety. Driven by fairness. The most ethical Council and Board/Commission members recognize that many City decisions will have an adverse, as well as positive outcomes and they, therefore, strive to make the best decision as defined by its ultimate fairness to all concerned. This often means making impartial decisions on the merits of the issues alone, while disregarding personal allegiances. It can also mean taking into account interests of citizens who are not present or who have not otherwise commented, but who are nonetheless affected by a decision. Ethical officials try to make decisions in the best interest of all in the community, not just those who show up at a meeting or protest the loudest. Know the importance of conscientious and ethical government as a value in itself. Ethical Council and Board/Commission members do not use their office or authority for revenge, Page 27 of 62 prestige, or personal gain. Ethical members recognize that government is a human institution. As a result, the human motivations of those in government will determine if the government itself is effective or ineffective, good or bad, ethical or unethical. Ethical members care enough to make a positive difference and then act accordingly. Recall of elected officers The City of Stillwater Charter does not permit the City Council to remove or recall a Council member from office. Page 28 of 62 Chapter 8: Compensation City Council compensation Council salaries are set by ordinance (must be adopted at least six months before the election). Salary increases are effective the first meeting in January after the November election. Salary amounts per Ordinance 0901: Mayor: $750/month $9,000/year Council member: $600/month $7,200/year Salary amounts are also listed in Stillwater City Code, Section 22-3, available online at https://library.municode.com/mn/stillwater/codes/code_of_ordinances Board/Commissions and other advisory groups are voluntary positions. Payroll information City Council members are paid on the same pay schedule as regular employees. Pay days are bi‐ weekly on Wednesdays with the first pay day in January. Payroll is automatic; no timesheets needed. Newly elected City Council members must complete the following enrollment items before the year’s first pay period: W‐2 I‐9 document (additional documents will need to be accompanied with this document, i.e., passport or driver’s license and social security card) Direct deposit form Public Employees Retirement Association (PERA) membership election form Tennessen Warning Signoff sheet on Technology Policy Accounts payable automatic clearing house (ACH) authorization form To complete necessary paperwork, contact the Human Resources Department at 651-430-8800. Public Employees Retirement Association benefit Elected officials have the opportunity to be a member of the Public Employers Retirement Association (PERA). A membership election by public officials form must be completed even if one chooses not to become a member. City Council members may also participate in the Defined Contribution Plan (DCP), contributing five percent of their bi‐weekly salary into the DCP. The City also contributes an equal share into members’ plans. Participating members do not pay social security taxes; however, they do still contribute to Medicare. Once the form is complete, member s who elect to participate are automatically enrolled. They will receive an information packet from PERA, which includes a beneficiary designation form and an election form (to designate where to invest contributions). Mailing forms to PERA as soon as possible ensures timely processing. Page 29 of 62 Chapter 9: Communications and media relations Communications As elected and appointed officials, all members have a responsibility to communicate accurate, timely and professional information to the public. Communicating in this matter is important to ensure the quality and credibility of information being provided to the public. Align with Minnesota Open Meeting Law Information posted or responded to should be done in alignment with the open meeting law (www.house.leg.state.mn.us/hrd/pubs/openmtg.pdf). Council/Board/Commission members should generally act with caution when using electronic means to communicate with one another. A majority of Council/Board/Commission members corresponding with each other electronically regarding City business (i.e. REPLY ALL) could be a violation of the Open Meeting Law. If a Council member wishes to share information with other members, do so through the City Administrator. Materials relating to agenda items for City business (including email) must be provided to the public at the meeting. If a Board or Commission member wishes to share information with other members, do so through the Board or Commission Chair. Materials relating to agenda items for City business (including email) must be provided to the public at the meeting. Email or social media communications shared among three or more Council members should take place at an open meeting. Example of a violation: A Council member posts a comment on a Facebook page about a proposed ordinance. A second Council member comments that they agree and a third Council member clicks the “like” button. Citizen questions, comments and concerns It’s important that Council members direct citizen questions, comments and concerns to staff at 651-430- 8800. Doing so ensures requests are routed to the appropriate staff person and holds accountability that proper follow‐up is made and the task is completed. In addition, since some requests cover multiple departments, there may be a history that will be useful as staff works to resolve the issue. Written correspondence City Council members may need to write letters to citizens, businesses, or other public agencies. Contact staff in the City Administrator’s office at 651-430-8800 for these items. Written letters and memoranda received by the City, addressed to a Council member or the Council as a body are photocopied and provided to all Council members and are also kept on file. TIP A good response to residents: “I don’t have all of the information relating to your question. Let me check with staff and have staff follow up with you.” Find out the respective resident’s name, and contact information for yourself and City Staff. Page 30 of 62 Electronic communications Generally, the Stillwater City Council and Boards/Commissions receives agenda materials, background information and other meeting information via Drop Box. Contact the City Administrator or Staff Representative if there are questions about these items. Helpful information about electronic communications is available on the League of Minnesota Cities website: www.lmnc.org/media/document/1/electroniccommunications.pdf. Social media Since social media is an effective and frequently chosen communication tool among the public, the City of Stillwater has an official Facebook page. Helpful information about social media is available on the League of Minnesota Cities website: www.lmc.org/media/document/1/socialmediaandcities.pdf. Communication tips for email and social media Public perception City Council members are public officials representing the City of Stillwater and its policies and perspectives. Board/Commission members are appointed by the City Council as advisory and to carry out the Council’s policies relative to their Board/Commission duties. Official versus individual perspectives Since the public connects City officials to the City of Stillwater, it’s important to clarify official perspectives from individual perspectives. Public information Any published content, written or electronic (email, for example), may be considered public information or considered covered under the Minnesota Government Data Practices Act. Informal messages not related to a public official’s role, such as meeting notices, reminders, telephone messages and informal notes are not public record. Large outreach Information posted on social media is public and is online for a long time. Both email and social media posts can be quickly shared with other audiences, making it important to post professional messages and avoid political comments. Discoverability Generally, email is not removed from the system even if deleted. Email is discoverable in litigation, making it important to use it cautiously. When seeking legal advice or to discuss matters of pending litigation or other “confidential” City business, ensure emails are sent to only those intended because the attorney‐client privilege protecting the document from disclosure may be waived. TIP Separate official and private citizen roles—when presenting information on behalf of the City of Stillwater, identify the role as being an elected official for the city. When presenting individual perspectives, clarify that these viewpoints are not representative of the City of Stillwater and instead are personal opinions. Personal social media account names or email names should not be tied to the City. Page 31 of 62 Media relations Media inquiries Council and Board/Commission members are encouraged to refer all media inquiries to the City Administrator prior to Council or Board/Commission discussion and vote on an item. After a vote has been taken, individual Council members may comment on their decision. It’s understood that individual member decisions may not be reflective of the Council’s or Board/Commission’s majority vote. Following these guidelines is important to the democratic process because it helps avoid creating the public perception that a vote or decision has been made on a topic. That perception may discourage the public from engaging in the democratic process. City Administrator’s role The City Administrator may communicate on the City’s behalf in interviews, publications, news releases, on social media sites and related communications. Many times, the City Administrator or department director can handle interviews and communications on behalf of the City Administrator as they may be in a better position to provide response because they are working directly on the issue. Good to know when media calls Upcoming Council, Board and Commission agenda items, issues or discussion topics: wait to provide information until the topic is voted on. This communicates that a decision has not been made and allows the public process to work by keeping the topic open for citizen input. If a Council or Board/Commission member discusses the issue with media before a decision is made there is potential that the public may be confused about the Council’s or Board/Commission direction. This may create a public perception that a vote or decision has been made on a topic and discourage the public from engaging in the democratic process. Routine or public information: (i.e., a meeting time or agenda). Provide media with the information and notify City Administrator of the request. Other information (City personnel, potential litigation, controversial issues (examples: bees and chickens in city limits, specific public hearings), an opinion about a City matter, or if unsure of the type of question, it’s recommended to work with the City Administrator on these topics. The City Administrator typically works with staff on these issues and can present the discussion scope or topic. TIP A good response to media if an answer isn’t readily available: “I don’t have all of the information about that. Let me find out and I’ll return the call.” Find out the respective media’s name, contact information and deadline. Page 32 of 62 Chapter 10: Travel policy for City Council, Boards and Commissions Travel involving an overnight stay o Give prior notice to City Administrator before traveling on overnight business explaining the trip’s purpose, travel dates and other details. Doing so creates open lines of communication between members and the City Administrator. Travel expenses o Audit standards require a fully itemized claim for expense reimbursement to be submitted to the City Administrator’s office within 15 days of the close of the authorized travel period for which expenses have been approved. Any air transportation will be arranged by City Staff in coordination with the member. Hotel/motel accommodations will be arranged by City Staff coordinated with the member. Meal costs for official functions (political or professional organizations) are paid at full actual cost. Receipts must accompany all voucher requests through the Finance Department. Use of rental car will be arranged by City Staff as part of air transportation. There is no reimbursement for alcoholic beverages. Expenses are not reimbursed for spouses, guests, those not employed by the City, or other persons not authorized to receive reimbursement under this policy or state regulations. Reimbursement may be claimed by one person for several employees or officials eating together. Please list all names on the reimbursement claim. Incidental expenses (i.e., telephone, parking, taxis and buses) are reimbursed. Use voucher form and include any receipts. Personal vehicles may be used for City business. Prior to doing so, please submit proof of insurance to the City Administrator’s office. Mileage for business use is reimbursed at the Internal Revenue Service’s allowable mileage rate. Report eligible expenses on a voucher request form within 15 days after the trip. Attach receipts for expenses claimed and submit to the City Administrator’s office. Update the City Administrator upon return. The report should also be shared with all other City Council members to share any valuable knowledge and insights gained. For assistance with the above, contact staff in the City Administrator’s office. Page 33 of 62 Chapter 11: Rules to govern by Land use laws The Municipal Planning Act grants cities the authority to regulate land use and provides the framework and road map all cities must follow. Cities regulate land use through three basic tools: Comprehensive Plan; Zoning Ordinance (including the zoning map); Subdivision Ordinance. Although cities are not required to adopt all three tools when engaged in municipal planning, each tool serves a separate and essential purpose. These tools harmonize and interact in important ways to protect and promote sound City development. First, the comprehensive plan helps the City look to the future and guides current development in administering its zoning ordinance and subdivision ordinance. The subdivision ordinance regulates land division into smaller lots and the creation of blocks and neighborhoods with safe streets, appropriate environmental features and character. Finally, the zoning ordinance regulates the use and density of City zones such as commercial, residential and industrial purposes, both segregating and combining uses where appropriate to prevent congestion, environmental contamination and other negative human health hazards. A zoning map divides the community into different land uses to assist the City in planning and permitting future growth. There are 15 different categories for zoning and each has specific standards. A variance allows the individual property owner to “vary” required rules for the property. Conditional use permits/Special use permits are granted based on certain standards being maintained or established at the time issued. The permit is granted with a set of conditions pertained to the use of that property that must be followed or the permit can be revoked. Due process: People who own land in areas that can be impacted will be informed and also given an opportunity to provide input before any plan/work moves forward. Public improvements Two types of improvements are petitioned and City initiated. A petitioned project occurs when a citizen who owns 35 percent or more of the affected property signs a petition asking the city to make improvements. A city initiated project is an improvement identified in the community investment plan. A city initiated project requires a 4/5 vote of the Council, where as a petitioned project only requires a simple majority. Process for public improvements: Petition received (if applicable) Resolution declaring adequacy of petition (if applicable) and order preparation of feasibility report Presentation of feasibility report (preliminary report and cost estimate) Resolution accepting report and calling for hearing Publication of notice of improvement hearing Mailing notice to affected property owners Resolution ordering improvement and preparation of plans Resolution approving plans and ordering advertisements for bids Page 34 of 62 Publication of advertisement for bids Resolution declaring costs and calling for hearing Resolution ordering preparation of assessment roll Preparation of assessment roll Publication of notice of assessment hearing Mailing notice to affected property owners No assessment is made until the project is completed. This is in accordance with Minnesota Statutes, Chapter 429 (https://www.revisor.mn.gov/statutes/?id=429) which explains the complete process in detail. Actions requiring ordinances Ordinances are another legal avenue in which Council can direct policy. Actions of the City Council that must be done by ordinance can be found in the Stillwater City Charter, available online at: https://library.municode.com/mn/stillwater/codes/code_of_ordinances?nodeId=CH1CH_ARTVT HCO An ordinance can pertain only to one subject and can be introduced by any Council member or City staff at a regular Council meeting. Prior to passage, an ordinance must receive two readings, but shall not be read at any place other than regular sessions, and not twice at the same session. The first reading is when amendments may be offered. The reading of a section shall not preclude the offering of an amendment to a preceding section. A first reading may not be scheduled the 2nd meeting in December of an election year unless there is no election changes in the City Council after the election. Prior to the second reading, the City follows Minnesota Statute 415.19, Notice of Proposed Ordinance which states “If a city posts ordinances on the city's Web site, the city must also post proposed ordinances on the Web site at least ten days before the City Council meeting at which the proposed ordinance is scheduled for a final vote.” The second reading shall take place after posting requirements at the City Council’s next regular meeting. When an ordinance is up upon its final reading, fails to pass and a motion is made to reconsider, the vote upon such motion shall not be taken except at a meeting of the Council held not less than one week after the meeting at which such motion was made. All ordinances shall be enacted by a majority vote of all the members of the Council, except where a larger number is required by law or the City’s Charter. It shall be signed by the Mayor, attested by the City Clerk and published once in the official newspaper. In the case of lengthy ordinances, if the City Council determines that publication of the title and summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may by a four-fifths vote of its members, direct that only the title of the ordinance and a summary be published, with notice that the printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk, and any other location which the Council designates. A copy of the entire Page 35 of 62 text of the ordinance shall be made available in the Stillwater Public Library, and in any other public location that the Council designates. Licenses and permits The city has the authority to license and require permits for activities within its jurisdiction. Licensing and permitting regulates activities and provides oversight for inspection in the public interest. The city exercises its police power to protect and promote the public’s welfare and safety through the licensing process. More information about licenses and the licensing process www.ci.stillwater.mn.us/formsapps or contacting City Hall at 651-430-8800. Page 36 of 62 Chapter 12: Leaving office and vacancies Leaving office Return of materials and equipment Upon completion of service to the community, Council members return City equipment acquired during the term of office consistent with City policies. Examples include: computers, copies of Stillwater’s City Code, key card, etc. Board and Commissions members must submit a letter of resignation to the City Clerk. Vacancies There are several reasons a vacancy may occur on the Council and Boards/Commissions. For Council it may include an election deemed to be invalid, for Council and Board/Commission members it may be a death, resignation, or a member may move outside the City. Medical reasons or illness could also prevent a Council member from attending meetings. When the absence extends beyond 90 days, the Council has the authority to remove the current member and appoint a new member. Another reason for removal would be any Council or Board/Commission member who does not perform duties and responsibilities in good faith. The process for filling a Council vacant seat is established in the Stillwater City Charter, Section 3.03: When a vacancy occurs in the office of Mayor or on the Council, the Council by majority vote of all remaining members shall appoint a qualified person to fill the vacancy to serve the remainder of the term. If this action is not taken within 60 days following the occurrence of the vacancy, a special election shall be called to fill the vacancy, to be held not sooner than 90 days and not later than 120 days following the occurrence of the vacancy, and to be otherwise governed by law. When a vacancy occurs in the office of the Mayor, the Vice-Mayor shall act as Mayor until the vacancy is filled. (Ord. No. 822, 5-21-96; Ord. No. 1083, § 1, 10-6-15) The Charter Commission is presently reviewing the following: Amending 15.08 to include attendance for all boards and commissions. (a) Except for the Charter Commission or where the method of appointment is controlled by State law, appointment to Boards and Commissions must be made by majority vote of the Council, however, removal must be by [a] 4/5th vote of the Council. (b) Attendance for All Boards and Commissions. In the event that a Board or Commission member misses three (3) consecutive meetings, or 1/4 of the meetings in any one twelve (12) month period, the commission may request the City Council to replace that member. The Chair shall give the person notice regarding his /her absenteeism prior to the commission requesting that the council replace the member. Thirty (30) days shall be given to the member for a response to the commission before any action is taken. Page 37 of 62 Chapter 13: City Administrator City Administrator’s role The City Administrator serves the Council and community and brings local government projects and programs to citizens on the Council’s behalf. The City Administrator prepares the budget, recruits, hires and supervises department directors and is the Council’s chief advisor. Citizens and Council members rely on the City Administrator to provide unbiased and objective information while presenting both sides of an issue and information about long‐term consequences. The City Administrator is appointed by the City Council and directs all city staff. See Stillwater’s City Charter Article VII Administration of City Affairs at: https://library.municode.com/mn/stillwater/codes/code_of_ordinances?nodeId=CH1CH_ARTVII ADAF Authority flow: Citizens to the City Council; City Council to the City Administrator; City Administrator to department directors and then to subordinate staff. Since the City Administrator is the staff member hired by the Council, it is important that requests for information or community issues be brought directly to the City Administrator. The City Administrator is in the best position to provide a response because many issues involve multiple departments or work may already be in progress. If a Council member wishes to influence actions, decisions, recommendations, workloads, work schedules or staff priorities, that member must work with other Council members to do so as a matter of Council policy. The full City Council retains the authority to accept, reject or amend staff recommendation on policy matters. Communication The need for regular communication between the City Administrator and Council is essential to maintain an open communication with the organization. The Council establishes policy and programs and the City Administrator executes Council actions. The City Administrator keeps the Council informed and is sensitive to Council issues. Similarly, Council members need to keep the City Administrator apprised of constituent concerns and future issues. The City Administrator provides information between Council and city staff. The City Administrator is responsible for communicating the city’s position about policy matters to outside agencies on the Council’s behalf. Sharing information timely with the Council is one of the City Administrator’s highest priorities. The City Administrator: ensures Council members receive copies of correspondence that will assist them in policy‐ making; provides other documents to Council on a regular basis and other information vital to the Council member’s position; holds workshops and study sessions to provide detailed presentations about beneficial information; schedules Council/staff retreats to focus on topics and enhance information exchange; has an open‐door policy so individuals, Council and Board/Commission members can meet with the City Administrator on an impromptu and one‐on‐one basis. Page 38 of 62 Direct questions or comments to the City Administrator at 651-430-8800. In the City Administrator’s absence, questions or concerns should be directed to the City Clerk at 651-430- 8800. Professional associations Like many other City Administrators, Stillwater’s City Administrator is a member of the International City/County Management Association (ICMA), a professional and educational association for city administrative officers that was founded in 1914. ICMA’s mission: “to strengthen the quality of local government through professional management.” The City Administrator is subject to ICMA’s Professional Code of Ethics and the 12 Ethical Principles of Personal and Professional Conduct. Council evaluation The Stillwater City Council completes an annual performance evaluation of the City Administrator. This evaluation helps ensure city goals are achieved and provides direction and guidance to the City Administrator. The City Administrator may be evaluated in: organizational management, fiscal/business management, program development and follow‐through, relationship with the City Council, city staff, public and private sector organizations, long‐range planning, interagency relations and professional/personal development. Page 39 of 62 Chapter 14: City Organizational Structure Restrictions on staff political involvement The City of Stillwater is a nonpartisan local government. Professional staff formulates recommendations in compliance with Council policy and not influenced by political factors for the good of the organization. City departments The City Administrator is responsible for the day‐to‐day management of the City. The City Administrator supervise the organization through department directors. There are 7 city departments. Community Development Leading the way through innovative, open and responsive planning, development and building inspection services for a vibrant, livable and sustainable regional community. Community development is responsible for planning and managing Stillwater’s physical growth and expansion with an emphasis on orderly growth using an urban service matrix to make the community more sustainable in terms of land use and development, downtown development and neighborhood preservation. Community development includes housing, inspections, planning and zoning, and economic development. Page 40 of 62 Engineering/Public Works To provide the Stillwater community with essential services in a safe, reliable, and environmentally responsible manner, placing a high value on quality and teamwork. The objective of the Engineering Department is to insure that the City’s infrastructure is kept in working order and rehabilitated in a cost effective manner. The department is responsible for planning, design, and construction of all municipal infrastructure; mapping, surveying, as-built records management, right-of-way management and permitting; pavement and storm water management; grading and utility permits; coordinating projects with other government agencies; and activities associated with park planning, and building facilities. The City of Stillwater Public Works Department is responsible for the reliable and the long- term operation, maintenance, repair, improvement and management of all City infrastructure. Public Works staff provides its residents and businesses with clear passage of streets and trails, safe collection of wastewater, reliable flood protection, beautiful parks, fields and recreational facilities. Finance Department The mission of the Finance Department is to manage and maintain financial records in conformity with generally accepted governmental accounting principles and in compliance with federal, state, and local laws as well as providing quality service to the City’s customers and safeguards the City’s assets. The department oversees the investment of public funds, cash management, and the issuance of debt. The department develops and maintains effective and efficient financial planning, reporting, and central support systems in order to assist the operating departments in achieving their financial objectives; provides the City Council, City Administrator, and other City officials with financial information on a timely and meaningful basis. Fire Department Our commitment is to protect life and property through dedicated service to the community. The Stillwater Fire Department (SFD) was established by Council action on May 28, 1872. The department is configured as a combination department consisting of 13 full-time career fire personnel and 30 volunteer paid-on-call personnel. The full-time staff consists of the Fire Chief, Deputy Chief/Fire Marshal, Assistant Chief of Operations, three shift Captains and six Firefighter/Engineers and Administrative Assistant. The department is staffed 24/7/365 days per year with a minimum of two personnel. The volunteer paid-on-call personnel respond when paged and are trained to various levels, which include assistant chief officer to the rank of firefighter. Police Department To enhance the quality of life in Stillwater through working with the community. We will protect and serve Stillwater’s property, citizens, and visitors with dedication and professionalism. The Stillwater Police Department is committed to the service model of community governance. Staff works in partnership with City departments, the residential and business community, and other governmental and non‐profit agencies to reduce crime, provide a Page 41 of 62 sense of safety and security, and improve the quality of life for those who visit, live and work in the City of Stillwater Administration, Human Resources, Information Technology, City Clerk Leading the way delivering innovative and efficient support services through an open, responsive and neighborly approach benefiting our citizens and region. Human Resources Employees are the most valuable asset of an organization. Human resources staff has an important role in the recruitment and selection of qualified people to serve citizens in a positive and efficient manner. Staff is responsible for benefits administration, compensation administration, employee and labor relations, wellness, training and development, payroll, job descriptions, job openings, recruitment and selection. Human Resources include city/county human resources and the Minnesota Valley Council of Governments. Information Technology Information technology staff strives to deliver innovative technology solutions to provide citizens, businesses and City employees efficient and reliable access to information and services. Staff manages multiple technology solutions including technology equipment, wireless devices, network security, network connectivity, cellular and desktop telephone communications, software application development and support, information management and training. City Clerk Serves as official custodian and information resource to City Council, City Staff and the public regarding City records, history, public documents. Manages and supervises Administration Department operations to achieve goals within available resources; plans and organizes workloads and staff assignments; trains, motivates and evaluates assigned staff; reviews progress and directs changes as needed; coordinates activities with other departments and agencies as needed. Works closely with City Admininstrator in the devleopment of an effective organization. Includes analyses of operations, decisions, or recommendations concerning organization and procedures. Legal Counsel Legal counsel for the City is through the City Attorney. The City Attorney is the legal advisor for the Council, and Commissions and Boards, the City Administrator and all city officers and employees with respect to any legal question involving an official duty or any legal matter pertaining to city affairs. General City Attorney legal responsibilities: provides legal assistance necessary for formulation and implementation of legislative policies and projects; represents the City’s interest, as determined by the City Council, in litigation, administrative hearings, negotiations and similar proceedings; prepares or approves ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes and intentions of the City Council; and keeps City Council and staff apprised of court rulings and legislation affecting the legal interest of the city. The City Attorney represents the City Council as a whole and not individually. Page 42 of 62 Scheduling meeting rooms Meeting rooms may be scheduled through staff in the Administration office by calling 651-430- 8800. Technology To enhance Council members’ service to the community and their ability to communicate with staff and the public, the City provides meeting facilities and office equipment for City business. The City provides technology equipment with necessary software, Internet and email capabilities. Use of personal computer equipment may make its contents subject to public disclosure and review. Contact the information technology manager at 651-430-8804 with technology questions. Commission members of Planning and Heritage Preservation are provided reimbursement by the City, under the Technology Reimbursement Policy, for a portable computer that serves as a replacement for printed copy of information and used at their meetings. Use of technology such as computer, Internet and email, cell phones, desktop phones, iPads and digital equipment must be done with integrity and able to withstand public scrutiny. GOOD TO KNOW – ELECTRONIC COMMUNICATIONS Public record City business emails involving City Council members and members of advisory Boards and Commissions are public records (with a few exceptions as stated by the Minnesota Government Data Practices Act— www.house.leg.state.mn.us/hrd/pubs/dataprac.pdf). Another helpful resource is available through the League of Minnesota Cities: www.lmc.org/media/document/1/datapractices.pdf. Public information Other Email or text messages are not considered public record however they may still be public information. Those interested in copies of these items must file a public disclosure request. Requests for private data or information should be routed to the City Administrator or City Clerk. Page 43 of 62 Chapter 15: Financial The City of Stillwater Charter is specific about responsibilities and procedures for the City’s financial administration. The Charter establishes the calendar year as the fiscal year. The City Council has delegated the fiscal responsibility to the City Administrator, who is assisted in that responsibility by the Finance Director. Strategic plan, budget for operations and services Stillwater’s budget is a financial plan and policy document that reflects the strategic goals and policies adopted by the City Council. The plan is a fiscally sound and balanced budget that maintains the integrity of the City’s financial health while meeting quality service level demands that citizens have come to expect. The plan is balanced financially and also balances how resources are distributed among operating, capital, debt service and adequate reserves. Budget process The budget process follows a cycle that begins with the City’s Strategic Plan, a road map that helps guide the City through the next few years. The City’s Strategic Plan details where the City is going and how it plans to get there, while determining measurable results. Stillwater’s current strategic plan is available online at www.ci.stillwater.mn.us. The strategic plan, coupled with service levels, serves as the foundation to build the City’s budget. The City Council and staff review and revise the strategic plan on a biannual basis. Staff reports progress to the City Council through semi-monthly operational reports and to the community through the City’s website. Capital budget and improvement plan The city’s capital budget combines the Capital Improvement Plan (CIP) for major construction and acquisition projects and information needed to implement the projects. Projects are prioritized and consistent with the city’s comprehensive plan and strategic plan. Capital Improvement projects are frequently financed through bonds. Funding requirements for bond funded projects include principal and interest payment for those bonds. Financial statement The Finance Department prepares the Comprehensive Annual Financial Report (CAFR) which is a financial report explaining the financial status of the City and the sources of revenues and expenditures. The CAFR is audited annually through an audit by a certified public accounting firm. The audit must be in compliance with all state requirements. The audit preparation process begins in January each year and runs through June. The auditors are usually on site examining financial materials for about a week in March or April. The CAFR is prepared following this examination. After the audit, the CAFR is presented to the city Council in June. Bonds One of the ways in which the City finances projects is by issuing bonds. In general, a city can issue bonds for any authorized expense, which is not a current expense. The use of bonds for acquisition, development, construction, or improvements of capital assets is allowable. Cities can also issue bonds for public improvement in which they will gain revenue. They can purchase police, fire and street equipment. This type of bond must be short term. Page 44 of 62 The following are examples of types of bonds the City has issued: General obligation bonds are issued to provide funds for: 1. The acquisition and construction of major capital facilities 2. Capital Outlay (i.e. vehicles, equipment etc.) 3. Capital Improvement Projects (i.e. Street improvement projects, sidewalk restoration etc.) 4. Tax Increment Financing eligible projects These bonds are direct obligation and pledge the full faith and credit of the City. These bonds are repaid primarily from the ad valorem taxes. Tax increment bonds are issued for redevelopment projects. The additional tax increments resulting from increased tax capacity of the redevelopment properties will be the main funding source used to retire the related debt. Revenue bonds are issued to finance capital improvements where the revenues generated from the project are the main funding source used to retire the related debt. They are retired with the use of the revenue from the enterprise fund. Typical budget schedule Early spring Council reviews strategic initiatives and service levels. City Administrator and Finance Director develop budget guidelines for use by department managers in preparation of a proposed budget. Mid‐August/Sept. City Administrator presents the next year’s budget message and preliminary budget, along with a preliminary tax levy, at a Council work session. Council examines proposed budget and reviews each department budget for the following year. The Council may make changes in the preliminary budget during this review process. The Council adopts the preliminary tax levy and sets the maximum property tax levy available to the city for the following year. The adopted proposed budget must then be certified to Washington County by September 30. The budget explains proposed revenues and expenditures, proposed capital expenditures and debt payment schedule. December (1st mtg.) City holds its Truth and Taxation meeting to present the final budget and property tax levy to citizens for comment. Additional time is allowed for public to provide input. December 30 Final budget and levy for new fiscal year must be adopted and certified to the Washington County and State of Minnesota. Page 45 of 62 Appendix I Meeting procedures Presiding officer The Mayor (vice), chair (vice) presides over the meeting and calls the meeting to order. If the mayor or chair arrives after the meeting has begun, the mayor or chair resumes duties once business on a current topic has been concluded. At any meeting where the mayor (vice), chair (vice) are not present, the Council or Board or Commission nominates and votes on nominated member(s) to preside at the meeting. Order of business Council and Board and Commission meetings begin promptly. Council meetings are held in the following order, with Board and Commissions following a similar format (not all content) as determined by the City Administrator, City Clerk or staff liaison: The description of each section shall apply to Boards and Commissions. CITY COUNCIL - FIRST TUESDAY OF THE MONTH (REGULAR & RECESSED MEETINGS) 4:30 P.M. AGENDA Call To Order Roll Call Other Business Staff Reports Police Chief Fire Chief City Clerk Community Development Dir. Public Works Dir. Finance Director City Attorney City Administrator Recessed to 7:00 p.m. 7:00 P.M. AGENDA Call To Order Roll Call Pledge Of Allegiance Approval Of Minutes Petitions, Individuals, Delegations & Commendations Open Forum Consent Agenda Public Hearings Unfinished Business New Business Petitions, Individuals, Delegations & Commendations (Continued) Communications/Requests Council Request Items Staff Reports (Continued) Adjournment Page 46 of 62 CITY COUNCIL - SECOND TUESDAY OF THE MONTH (REGULAR) 7:00 P.M. AGENDA Call To Order Roll Call Pledge Of Allegiance Approval Of Minutes Petitions, Individuals, Delegations & Commendations Open Forum Staff Reports Police Chief Fire Chief City Clerk Community Development Dir. Public Works Dir. Finance Director City Attorney City Administrator Consent Agenda Public Hearings Unfinished Business New Business Petitions, Individuals, Delegations & Commendations (Continued) Communications/Requests Council Request Items Staff Reports (Continued) Adjournment Call to order The Mayor (vice) calls the meeting to order. If the Mayor arrives after the meeting has begun, the Mayor resumes duties once business on the current topic has been concluded. Roll call Council members’ names (present and absent) are called before a meeting starts. After roll call, those in attendance recite the “Pledge of Allegiance.” Petitions The public may make requests in advance to appear before the Council. These requests are typically up to 15 minutes long and held after roll call. Topics vary based on what the person or group wants to present. Examples include the Annual Reports from CVB, Greater Stillwater Chamber of Commerce etc., recognition of retirement or leaving City employment, Officers (Police and Fire) Swearing in, or discussion about a City item, such as a park statue. Approval of the minutes Approval of the minutes presented by the City Clerk makes it the official meeting record. The minutes are in summary form (not verbatim). All resolutions and reading of ordinances (with any requested changes by Council, if applicable) will have a roll call vote. It’s recommended to read the minutes for accuracy prior to the meeting and make any changes before Council approval. Consent agenda Routine and non‐controversial items are placed on the City Council’s Consent Agenda. These items may be approved by one motion upon unanimous consent by a roll call vote. A City Council or audience member may request an item be withdrawn for separate consideration. A Council member may abstain from voting on, or vote against, any consent agenda item without requesting its removal. Abstentions will be recorded in the respective City Council meeting minutes. Page 47 of 62 Public hearings Public hearings ensure due process by protecting an individual’s rights prior to governmental action. Due process encourages objective decision making by providing those who have an interest in the City’s decision with an opportunity to be heard. City staff present the information related to the public hearing, then the Mayor opens the public hearing. Generally, there is no dialogue between Council members, staff or the public during the hearing. Council members may ask questions of those addressing the Council to clarify a fact, but any statement by a Council member for anything other than to pose a question on the matter being considered, may be ruled out of order by the Mayor (or presiding officer). After new facts and information have been presented to the City Council, the hearing may be closed. Once the public hearing is complete, Council members make a motion and debate the matter under consideration. Samples of Public Hearings: Street vacation Annexation by ordinance Approval of local improvement project to be paid for with special assessments Consideration of proposed special assessments Improvement of sewers, drains, and storm sewers Adoption or amendment of zoning ordinance Subdivision applications Conditional or Special Use Permits Adoption of a Charter amendment by ordinance Adoption of interim ordinance that regulates, restricts, or prohibits a housing proposal Ordinances Ordinances are changes to Stillwater City Code and may require a public hearing. Other acts may be done by ordinance or resolution. Appeals The Council may discuss appeals, such as decisions by the Planning or Heritage Preservation Commissions. Planning and Heritage Preservation Commissions The Planning Commission staff liaison usually provides an advisory report and/or recommendations of the Commission for Council action. Staff reports The various Department Heads and City Administrator provides information to Council or informs Council on progress on authorized actions, or requests authorization to take action. Page 48 of 62 Public open forum Public 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 comments are limited to 5 minutes or less. The Mayor manages the public open forum and establishes time allotments for speaking (to prevent unreasonable meeting delays). To avoid potential liability issues, the Mayor (or presiding officer) must ensure no personnel matters are discussed or presented by the public at these forums. The Mayor may stop the speaker if he/she persists in improper conduct or remarks after being called to order. The Council may also hear citizen comment on matters of pending litigation, but may not be able to respond. Unfinished business Unfinished business is a portion of the Council meeting to bring back information previously addressed by the Council that requires further action or direction. New business New business is a portion of the Council meeting to bring new items to the Council for review, discussion and action. Council information and requests Council information and requests portion of the Council meeting allows the Council to bring forward items for staff input to be placed at future meetings or provide information to the public and Council. Adjournment If there is no further business, adjournment formally concludes the meeting. Voting Procedures Voting: actions pass or fail by majority vote of the Council or Boards/Commissions. Majority is determined by the number of members present at a meeting. Certain actions by Council, such as an un‐petitioned street project, require an extraordinary majority or 4/5 vote. Council and Board/Commission members may abstain from voting on a particular agenda item. Principal rules governing motions The following information is from the League of Minnesota Cities about governing motions. Information is available online at www.lmc.org/page/1/handbook‐for‐mn‐cities.jsp. This list includes the more common motions. Motions: formal method of bringing business before the Council and Boards/Commissions and for stating propositions on which the Council or Board/Commission will have to make a decision. Motions can be made only by Mayor, Council and Board/Commission members. Requires a second: motions which have a “yes” must be seconded by a member before they can be considered. The motion maker may not second his/her own motion. By seconding a motion, a person does not necessarily indicate favor of the motion. Page 49 of 62 Can interrupt a speaker: motions which have a “yes” can be made at any time during a meeting. They may be made even while another has the floor and is speaking. Debatable: a “yes” means the Council or Commission/Board can discuss the motion’s merits. A “no” means no discussion is allowed and the motion must be voted on as soon as it is made and seconded. Amendable: motions can be changed by amendment. Motions with a “no” must be voted on in the same form the motion was originally made. Vote required to pass: tells whether the motion requires a simple two‐thirds majority for passage. Can be reconsidered: indicates whether or not a motion that was once passed or defeated by the Council or Board/Commission can be considered again later in the meeting. Based on Robert’s Rules of Order Newly revised (10th Edition), the City of Stillwater does not strictly adhere to Robert’s Rules of Order (more relaxed). The motions below are intended to be a basic primer of commonly used motions. They are listed in order of common use – not in order of precedence. Some motions take precedence over other motions. You Want: You Say: 2nd? Debate? Amend? Vote? Bring business before commission (a main motion) I move that (or “to”)… Yes Yes Yes Majority Modify the wording of a motion I move to amend the motion by… Yes Yes Yes Majority Lay aside temporarily I move to lay the question on the table Yes No No Majority Take matter from table I move to take from the table… Yes No No Majority Kill main motion I move that the motion be postponed indefinitely Yes Yes No Majority Refer to board or commission I move to refer the motion to… Yes Yes Yes Majority Limit or extend debate I move that debate be limited to… Yes No Yes 2/3 Take a break I move to recess for… Yes No Yes Majority Make commission follow the agenda I call for the orders of the day No No No None Request more information Point of information No No No None Enforce rules Point of Order No No No None Demand a rising vote Division No No No None Close the meeting I move to adjourn Yes No No Majority Parliamentarian The Mayor (or in the Mayor’s absence the vice Mayor) serves as City Council parliamentarian and decides all questions of parliamentary procedure in accordance with basic parliamentary rules. Before deciding any question of parliamentary procedure, the Mayor may request advice from the City Attorney or City Administrator. In cases where serious errors in procedure are being used or contemplated, the City Attorney or City Administrator typically gives advice. Page 50 of 62 Other protocols Other guidelines ensure Council meetings emphasize the importance of business being conducted in a professional manner. Council members and staff: work to preserve appropriate order and decorum during all meetings; address Council members as Council member (Commission member), followed by last name, such as “Council Member Jones, (Commission Member Johns)” and staff by their title last names, such as “City Administrator Anderson;” discourage side conversations, disruptions, interruptions or delaying efforts; inform presiding officer when leaving a meeting; limit disruptive behavior; recognize that on the City Council, staff, advisory body chairs or designated representatives and those authorized by the presiding officer shall be permitted to sit at Council or staff stations. Page 51 of 62 Appendix II Index of commonly used terms Abatement: A complete or partial cancellation of a levy imposed by a government. Abatements usually apply to tax levies, special assessments, and service charges. Abatement of nuisance: The elimination of a situation that endangers the public health safety and welfare. Abstention: Decision of a member not to vote on an item. An abstention is counted as a no vote. This is contrasted with the situation where a member is disqualified from voting, where such a member is not counted in determining the item’s passage. Accounts payable: A liability account reflecting amounts on open account owing to private individuals or organizations for goods and services received by a government (but not including amounts due to other funds of the same government or to other governments.) Accounts receivable: An asset account reflecting amounts owing on open account from private individuals or organizations for goods and services furnished by a government (but not including amounts due from other funds of the same government). Affirmative action plan: State and federally mandated plans to attract, recruit, hire, promote, retain, transfer and train women and minority employees involving the setting of goals and procedures in written plans. Age composition (population structure): A profile of people in a particular planning area shown in terms of age and sex. Allotment: A part of an appropriation which may be encumbered or expended during an allotment period. Amortization: Gradual reduction, redemption, or liquidation of the balance of an account according to a specified schedule of times and amounts. Annuity: A series of equal money payments made at equal intervals during a designated period of time. Appraise: An estimate of value of property. If the property is valued for purposes of taxation, the less‐inclusive term “assess” is substituted for this term. Appeal: Private individuals, a group, or a public agency may take the decision of a governing body to a higher authority for review. Appropriation: A legal authorization granted by a legislative body to make expenditures and to incur obligations for specific purposes. Assessed valuation: A valuation set upon real estate or other property by a government as a basis for levying taxes. Assessment: The process of determining the worth, or the market value of land and buildings for taxation purposes. Assets: Resources owned or held by a government that has monetary value. At‐large representation: A person elected city wide and not one specific Ward. Page 52 of 62 Audit: A methodical examination of resources use that concludes in a written report of its findings. An audit is a test of management’s accounting system to determine the extent to which internal accounting controls are both available and being used. Audit report: The report prepared by an auditor covering the audit or investigation. Authority bonds: Bonds payable from the revenues of a special authority. Bid: An offer to sell something or perform some work pursuant to specifications. Bill: A term used to denote a law or statute passed by certain legislative bodies. Blight: Social and/or physical decay of the community. Bond: A written promise to pay a specified sum of money, called the face value or principal amount, at a specified date or dates in the future, called the maturity date(s), together with periodic interest at a specified rate. Bond discount: The excess of the face value of a bond over the price for which it is acquired or sold. Bond premium: The excess of the price at which a bond is acquired or sold over its face value. Bonded debt: That portion of indebtedness represented by outstanding bonds. Bonds: A bond is a promise to pay money in the future issued by a city (or corporation, etc.) that may be secured or unsecured. A bond may be secured by the issuer’s (city) full faith and credit, some stream of revenue from a developer, or some tangible asset. Budget message: Explains the budget in fiscal terms and in terms of work programs. It outlines the proposed financial policies of the government entity for the ensuing fiscal year, describes any important features of the new budget and indicates any major changes for the current year in financial policies, expenditures and revenues along with the reason for changes. Includes a summary of the government entity’s debt position. Building code: A set of regulations governing building construction. Building permit: An official document issued by a city, township, or county which grants permission to a contractor or private individual to erect a building or make an improvement to an existing structure. Bulk regulations: Zoning ordinance restrictions on the density, height, location and lot coverage of buildings. Callable bond: A type of bond which allows the issuer to pay the obligation before the stated maturity date by giving notice of redemption in a manner specified in the bond contract. Capital budget. A plan of proposed capital outlays and the means of financing them. Capital improvement plan (CIP): A program of when, where and how much a city plans to invest in public services over the next five to ten years. Cash: An asset account reflecting currency, coin, checks, postal and express money orders and banker’s drafts on hand or on deposit with an official or agent Central business district (CBD): A common and usually central area of the community where citizens carry on commercial trade and purchasing. Certificate of occupancy: Official notice that a building is in accord with the zoning ordinance or building and housing codes, and may be used or occupied. Page 53 of 62 Charter: A document setting forth the principle functions and organization of a city or corporation. Combination bond: A bond issued by a government which is payable from the revenues of a governmental enterprise but which is also backed by the full faith and credit of the government. Comparable worth: A state law requiring all units of government study and classify all positions to create salary schedules that pay in relation to the relative worth of the positions. Comprehensive municipal plan: The plan depicting the proposed use of land in the city that guides the adoption of zoning regulations, etc. Conditional use: A land use in a certain zone which is neither permitted outright nor prohibited outright. Conditional use permit. A conditional use permit allows a development in a zoning district where the specifics of the proposed development are subject to review to determine the suitability of the development as proposed. It cannot be denied simply to prevent use. Consent agenda: Items on the agenda that contain issues requiring Council action. These items are usually non‐controversial and acted on with one motion. Contract: A contract, for purposes of bidding laws, is an agreement for the sale or purchase of supplies, materials, equipment, or the rental thereof or the construction, alteration, repair or maintenance of real or personal property. Cost accounting: That method of accounting which provides for assembling and recoding of all the elements of cost incurred to accomplish a purpose, to carry on an activity or operation, or to complete a unit of work or a specific job. Coupon rate: The interest rate specified on interest coupons attached to a bond. Debt: An obligation resulting from the borrowing of money or from the purchase of goods and services. Debt limit: The maximum amount of gross or net debt which is legally permitted. Debt service fund: A fund established to account for the accumulation of resources for, and the payment of, general long‐term debt principal and interest. Formerly called a sinking fund. Deficit: (1) The excess of the liabilities of a fund over its assets. (2) The excess of expenditures over revenues during an accounting period; or, in the case of proprietary funds, the excess of expense over income during an accounting period. Delegation: The process of allowing someone to perform a task that the Council is authorized to perform such as conducting a hearing. A proper delegation must be made under terms that define and instruct the person exercising the delegated power. Density: The number of buildings, offices, or housing units on a particular area of land. Depreciation: (1) Expiration in the service life of fixed assets, other than wasting assets attributable to wear and tear, deterioration, action of the physical elements, inadequacy, or obsolescence. (2) The portion of the cost of a fixed asset other than a wasting asset which is charged as an expense during a particular period. Display and consumption: Display and consumption is the use of set‐ups where patrons mix alcoholic beverages with the mix supplied by the establishment. Page 54 of 62 Downzone: A change in a property’s zone and designation to require a lower density or a less intense use. Due process: Due process means that a person’s property interests cannot be affected without an opportunity to be advised of the basis upon which the adverse action is taken and the opportunity to be heard regarding the matter in a particular forum. Dwelling unit: A building designed for and intended for human habitation. Easement: A right to use property owned by someone else, usually for a specific purpose. Economic base: One of the major studies contained in the comprehensive plan. The study of the economic base seeks to investigate the assets and productive activities of a community. Eminent domain: The power of a government to acquire private property for public purpose. Encumbrances: Commitments related to unperformed (executory) contracts for goods and services. Enterprise fund: A fund established to account for operations (a) that are financed and operated in a manner similar to private business enterprises–where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges; or (b) where the governing body has decided that periodic determination of revenues earned, expenses incurred, and net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes. Entitlement: The amount of payment to which a state or local government is entitled as determined by the federal government under an allocation formula contained in applicable statutes. Environmental impact statement: A specific type of planning study. The impact study represents the combined efforts of many professionals such as biologists, environmentalists, planners, engineers, etc., and concentrates on the likely impact on the local environment that a certain project might be expected to have. Equal protection: Equal protection is a constitutional law concept that all people receive the same protection of the law. That is similarly situated people are treated similarly without regard to their race, creed, color, etc. Exactions: The donation of land or money, the installation of improvements or other conditions required of a developer by the city government in return for approval of a proposed development. Extraordinary majority: Some actions require an extraordinary majority to adopt. In that situation, four‐fifths of all members (not just those present) must vote for it to pass. Fee: Recoupment of cost by the city as opposed to obtaining revenues in excess of the costs of providing the service, or regulating the activity (i.e. liquor license). A fee in excess of the costs of regulating or providing service is a tax. Fidelity bond: A written promise to indemnify against losses from theft, defalcation, and misappropriation of public monies by government officers and employees. Final plat: The final application proposal submitted by a subdivider to the planning commission. Fiscal year: A 12‐month period to which the annual operating budget applies and at the end of which a government determines its financial position and the results of its operations. Page 55 of 62 Flood hazard: An area, properly identified, which is subject to periodic flooding capable of causing property damage and/or injury to people. Franchise: A right or privilege officially granted a person or group by a government. Frontage: The part of a lot that touches a road, street, or watercourse; usually expressed as a specific amount such as 100 feet of road frontage. Fund: A fiscal and accounting entity with a self‐balancing set of accounts recording cash and other financial resources, together with all related liabilities. Funding bonds: Bonds issued to retire outstanding floating debt and to eliminate debt. Gift (ethical purposes): Means money, real or personal property, a service, loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. (MN STAT 10A.071) General fund: The fund use to account for all financial resources except those required to be accounted for in another fund. General obligation bond: A bond secured by the general revenues of the city such that the city may be required to levy in order to make the payments required, pursuant to the terms of the bond. Grants: Contributions of gifts of cash or other assets from another government to be used or expended for a specified purpose, activity, or facility. Harassment: The action of repeatedly annoying or tormenting another individual. Hearing: A hearing (in the context of a Council meeting) is the opportunity to voice one’s opinions to those making a decision. Home rule charter: A home rule charter city is one that has its powers and structure determined by an election of its citizens in adopting a charter, as opposed to a statutory city whose structure and powers are prescribed by state statute. Impartial hearing: An impartial hearing is one held and conducted by a person who has no interest in the outcome and who is not controlled by the parties or interested in the outcome. Imprest account: An account into which a fixed amount of money is placed for the purpose of minor disbursements. Improvements: Facilities which aid in land development. Improvements include streets, sewer and water lines, curbs, sidewalks, streetlights, fire hydrants and street signs. Industrial revenue bonds: Bonds issued by governments, the proceeds of which are used to construct facilities for a private business enterprise. Lease payments made by the business enterprise to the government are used to service the bonds. Such bonds may be in the form of general obligation bonds, combination bonds, or revenue bonds. Initiative: The process whereby citizens place a proposed ordinance on the ballot. Initiative and referendum only apply to certain ordinances regulating conduct or establishing a procedure and may not be applied to administrative Council actions. Injunction: An injunction is a court order in connection with a lawsuit that prevents an action from being taken while the order is pending. In some cases, the injunction’s effect is to compel a positive act rather than to simply prevent an act from occurring. Page 56 of 62 Interested person: A person or representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make. Investments: Securities and real estate held for the production of revenues in the form of interest, dividends, rentals, or lease payments. The term does not include fixed assets used in governmental operations. Joint powers: Units of government may enter into agreements to do almost anything that any one of the governmental bodies can do through joint powers agreements. Examples include joint police or other services among cities. Judgment: An amount to be paid or collected by a government as the result of a court decision, including a condemnation award in payment for private property taken for public use. Land use: A broad term used to classify land according to present use and according to the suitability for future uses: That is, for housing, open spaces and parks, commercial, industrial, etc. Land use and development controls: Codes, resolutions and ordinances enacted by local communities, townships and counties under the authority of state enabling legislation. Such controls are designed and intended to be used for the protection of the public health, safety and welfare. Lawful gambling: Lawful gambling refers to activities licensed by the state of Minnesota. Paddlewheels, tip boards, pull tabs, bingo and raffles are the only permitted activities. All other forms of gambling are illegal. Levy: (verb) to impose taxes special assessments, or service charges for the support of governmental activities. (Noun) The total amount of taxes, special assessments, or service charges imposed by a government. Liabilities: Debt or other legal obligations arising out of transactions in the past, which must be liquidated, renewed, or refunded at some future date. This term does not include encumbrances. License: A permit to engage in an activity. Also may refer to real property whereby a person is permitted to use or occupy real property. Lot: A piece of land divided from a larger parcel. Mayor pro tem (Vice): Would be the appointment of a temporary Mayor until appointment or election fills the position. Meeting: Where a quorum of a governing body is present and information is received or discussed relating to matters that will come before the governing body or an action is taken with respect to matters that might come before the governing body. Minimum lot size: The smallest lot or parcel that can be built on in a particular land use zone. Motion: An oral action of the Council that is recorded in the minutes, but is otherwise not formally set forth in written form. Municipal bond: A bond issued by a state or local government. Non‐conforming use: A land use that does not comply with the ordinance of the zone it is in, or does not comply with other land use regulations. Non‐intoxicating: Malt beverages having an alcohol content of 3.2 percent or less. Page 57 of 62 Nuisance: The use of land or behavior that brings harm or substantial annoyance to adjacent property owners or the public in general. Obligations: Amounts which a government may be required legally to meet out of its resources. They include not only actual liabilities, but also un‐liquidated encumbrances. Ordinance: A formal legislative enactment by the governing board of a city. If it is not in conflict with any higher form of law, such as a state statute or constitutional provision, it has the full force and effect of law within the boundaries of the city to which it applies. Parcel: A lot or group of lots under a single ownership. Parliamentary procedure: Following the rules and customs of the Council on how a meeting is conducted. Official process to accomplish city business. Petty cash: A sum of money set aside for the purpose of making change or paying small obligations for which the issuance of a formal voucher and check would be too expensive and time‐consuming. Performance zoning: The use of standards in regulating land use location and density, rather than specific zones and districts. Planned unit development (PUD): A zoning development management approach to physical growth which combines housing, commercial, light manufacturing and open space uses all in the same zone while maintaining an overall density compared to conventional development. Planning commission: An official body appointed by the governing body of a city, township, or county that is responsible for making the comprehensive plan. In addition, the planning commission makes recommendations to the governing body about the zoning ordinance and zoning decisions, on subdivisions and on general planning matters. Plat: The map of a subdivision, showing the number and dimensions of lots, public right way, and easements. Police power: The power of a city to establish penal ordinances that prohibit conduct, adopt zoning regulations, remove nuisances, and otherwise provide for the health, safety and welfare of the community and its citizens. Publish: Publishing a notice requires placing the item in the city’s official newspaper for the specified period and in the specified form. Punitive damages: Punitive damages are meant to punish as opposed to compensate. Punitive damages cannot be awarded except in fairly extreme situations involving a malicious act or willful disregard of someone’s rights. Generally, a city cannot be assessed punitive damages. Purchase order: A document which authorizes the delivery of specified merchandise or the rendering of certain services and the making of a charge for them. Quorum: The number of individuals necessary to transact business. A quorum is less than all of the members and is generally the number required to adopt an item, usually a simple majority of the body’s members. Referendum: A referendum is accomplished by the petition of the electorate to have an ordinance submitted to an election before it may become effective. Page 58 of 62 Refunding bonds: Bonds issued to retire bonds already outstanding. The refunding bonds may be sold for cash and outstanding bonds redeemed in cash, or the refunding bonds may be exchanged with holders of outstanding bonds. Relocation assistance: Assistance given to individuals and businesses displaced by governmental acquisition of property. Assistance takes the form of help in locating replacement place for family or business and monetary payments related to additional costs of replacement location. Resolution: A written action of the Council adopted by roll call vote of the Council that records and sets forth the action taken by the Council. Revenue bond: A bond that is secured by the stream of payments received from some particular project or undertaking as opposed to the general revenues of the city. Right‐of‐way: The right to cross over property. A right‐of‐way usually refers to public land on which a street is built is a right‐of‐way. The right‐of‐way includes not only the street but land between the street and the sidewalk. Right‐to‐know: Legislation requiring employers to advise employees regarding hazardous materials in the workplace. Section 1983: This refers to a section of the civil rights act that allows an injured person to sue for damages under federal law for a deprivation of rights by an individual(s) acting under the law. Setback: The distance required to locate a building from a road, property line, or other building. Site plan: A map of a proposed development or subdivision. Special assessment: The levying of a charge against property that has received a benefit from a particular project or activity undertaken by the city. The special assessment becomes part of the funding mechanism to defray the cost of the project. Special district: A special unit of local government created to provide a specific service, such as water and sewer, and fire protection. Special service district: A special service district is a district authorized by special legislation that allows for the imposition of service fees for services rendered in the district. It is available for use in industrial, commercial, or public utility applications. Statute: A written law enacted by a duly organized and constituted legislative body. Statutory city: A statutory city is one that is governed by chapter 412 of Minnesota statutes. Storm water: Any flow occurring during or following any form of natural precipitation. Subdivision: The legal separation of a parcel of land into lots for future sale and/or development. Substandard housing: A broad classification for housing condition, rated in degrees of major and minor, which indicates that a certain dwelling unit is deficient for general use. Surety bond: A written promise to pay damages or to indemnify against losses caused by the party or parties named in the document, through nonperformance or defalcation. Tax: A tax is a charge levied against property or an activity. Cities may only impose taxes pursuant to specific statutory authorization. A fee that generates revenues in excess of the cost of a service or the regulation of an activity is an illegal tax. Tax certificate: A certificate issued by a government as evidence of the conditional transfer of title Page 59 of 62 of tax‐delinquent property from the original owner to the holder of the certificate. Tax deed: A written instrument by which title to property sold for taxes is transferred unconditionally to the purchaser. Tax increment financing: A development tool whereby the taxes generated by a development or redevelopment are used to pay the costs of the project incurred by the city. The additional taxes generated by development are used to reimburse the city’s costs in the project. Tax lien: Claims which governments have upon properties until taxes levied against them have been paid. Tax rate: The amount of tax stated in terms of a unit of the tax base. Taxes: Compulsory charges levied by a government for the purpose of financing services performed for the common benefit. Tort: A civil wrong whereby a person’s property or person have been injured by the wrongful act of another, which act may be intentional or simply the product of neglect to exercise reasonable care. Tract: Land under single ownership or control. Trust funds: Funds used to account for assets held by a government in a trustee capacity for individuals, private organizations, other governments and/or other funds. Variance: The decision to alter the provisions of a land use ordinance, usually on a single piece of land. Veteran’s preference: Statutory preferences granted to veterans of the armed forces, including additional points in civil service testing and protection from discharge except for misconduct. Does not apply to department head level employees. Vote: At a Council or Board/Commission meeting, the formal decision on an item. Votes may be taken by roll call or by voice as directed, but the minutes of the meeting must reflect how each member voted. Waters of the state: All streams, lakes, ponds, marshes, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. Zone: An area or areas of the City in which certain land uses are permitted and other uses are prohibited by the zoning ordinance. Zoning: A regulatory approach to the use of land defines what types of buildings, activities and construction may occur in a district. For example: single‐family residential, commercial, light industrial, etc. Page 60 of 62 Appendix III Tips for successful public service as Council/Board/Commission Member Speak the majority vote (rather than personal vote) of the Council to avoid confusing the public. Learn about the City, its history, operations, finances, City ordinances, Charter and policies. Devote sufficient time to the office and to studying the present and future problems of the community. Save energy and time by setting priorities. Governing a City requires a team effort. Be a team player. Use caution when making public decisions because they represent the community. Be careful to not allow personal experiences to influence decisions and focus on what the community needs as a whole. Take budget preparation seriously because it influences the next year as well as future years. Make decisions on the basis of public policy and be consistent. Treat similar situations similarly, and avoid favoritism. Be proactive. Focus on ways to prevent problems. Find the long‐term public interest of the community as a whole rather than focusing on the demands of special interest groups. Be thoughtful when making decisions and be careful to not rush to judgment. Embrace change. Look for ways to be responsible through new ideas from the community, staff, the public and other Council members. If not sure of an answer to a question, it’s okay to say, “I don’t know the answer.” Then find the answer to that question within a reasonable time limit. Providing correct information is important. The City Administrator can generally be very helpful. Remember that most decisions and actions require approval of the governing body, and this takes a majority vote. Keep in mind that Council members have legal authority as a governing body member only when the governing body is in legal session. Keep other Council members and the City Administrator in the communication loop about topics because this puts everyone on the same page. Participate in official meetings with the dignity and decorum fitting those who hold public trust. Personal dress and courteous behavior at meetings help create an environment for making sound public decisions. Conduct official public meetings with some formality and follow rules of procedure. Formal meetings expedite the process and tend to promote better decision making. Ask questions. Be active. Vote yes or no on motions. Respect the official position and share it as the voice of one City Council. Respect the letter and intent of the open meetings law. Be trusted by not repeating information under any circumstances unless there is a professional reason to do so. Retain competent, key employees, pay them well, trust their professional judgment and recognize their authority and responsibilities. Council focus is on policy‐making and allow the City Administrator to work with the city’s day‐to‐day operations. Work within the system by directing businesses and people to city staff as appropriate (such as suppliers and vendors). Direct contact with governing body Page 61 of 62 members should be with the governing body as a whole. Be accountable for policies and decisions made. Be positive and ask the right questions. "How can we do this?" Learn to evaluate recommendations and alternative courses of action. Request options and encourage imaginative solutions. Focus on the long‐term future of the City to avoid taking short‐term gains at the expense of long‐term losses. In determining the public interest, balance personal rights and property interests, recognize that in decisions must be made with the best interest of those involved in mind. Focus on the total development—physical, economic and social—of the community. Keep in contact and cooperate with federal, state, county and school officials. Cities must work within the intergovernmental system to be effective. Get to know officials of neighboring and similar size cities. Visit other cities, particularly those with a reputation of being well run. Listen to fellow Council members and the public to better understand what they are trying to say. Keep constituents informed and encourage citizen participation. Remember what’s said privately and publicly can often be seen as news. Be friendly and deal effectively with the news media and represent the City Council as one voice. Consult with the City Administrator if there are any questions or help needed. Be careful about rumors. Check them out and help clarify any false information. Take care in those appointed to Boards and Commissions to ensure they are capable and representative of the whole community. Use manuals, guides and other technical assistance and information. Attend workshops and conferences to grow. Time management can help balance city service with other priorities. Establish personal goals and objectives. Focus on the future, and try to leave the city better than when first becoming a Council member. At least once a year, schedule a governing body discussion to review processes and procedures. Ask "How are we doing? How can we do things better?" Be enthusiastic about public service and the privilege to serve and make it a fun and rewarding experience. Be a leader, as well as part of the team of elected and appointed officials who were selected to make the city an even better place to live. Celebrate! Good things do happen. Let the public share those successes. Source: League of Kansas Municipalities, 1990 Page 62 of 62 COPYRIGHT © 2017 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. Appendix IV ICMA Code of Ethics The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. 3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public. 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. 8. Make it a duty continually to improve the member’s professional ability and to develop the competence of associates in the use of management techniques. 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member’s decisions, pertaining to appointments, pay adjustments, promotions, and discipline. 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit. 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 1, 2018 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders City Clerk Ward OTHER BUSINESS Urban Area Plan Development Community Development Director Turnblad informed the Council of increasing pressure to develop the Minar Neighborhood ,which has 2.5 acre lots, on-site septic systems and private wells. The Comprehensive Plan envisions splitting the lots into smaller parcels and servicing them with sanitary sewer and municipal water. However, no strategy has been developed yet for extending those utilities. With the help of a civil engineer, four property owners in the neighborhood have created a concept development plan for their lots, which is a series of cul-de-sacs branching off of Minar Avenue and Minar Lane. Sanitary sewer and water would be extended from Boutwell Road. However, without the participation of the property owners on the opposite side of the street, it is not economically feasible for the four property owners to extend sewer and water. Consequently, without City coordination of the extension of these utilities, the Comprehensive Plan is not feasible to implement as envisioned. Therefore, staff believes it is necessary to adopt a strategy for future development of this neighborhood. Mr. Turnblad then discussed the two general development options: 1) development with municipal utilities, or 2) development without municipal utilities. If the City can find funds to do the project, then as property owners want to develop, then they can pay their share. It could be decades before some of them want to develop, so the City would still be carrying that charge. Or the City could justify allowing the on-site septic systems to remain because this neighborhood pre-existed development. A development moratorium may be advised. The Met Council has agreed that pre-existing neighborhoods would not have to meet the five units per acre urban density standard required for redevelopment and new development. Mr. Turnblad stated he feels the most efficient plan is do a public project if the City can find a way to finance it. Councilmember Weidner asked if the Water Department’s approval would be needed to extend the utilities. He feels it is ridiculous to have a separate Water Department. Mr. Turnblad replied City Council Meeting May 1, 2018 Page 2 of 10 the City would likely fund both sewer and water via a bond. Staff would consult the Water Department if the Council agrees. City Attorney Magnuson confirmed that with large projects, the City customarily bonds for both water and sewer, and other utilities as a matter of efficiency. The City would not be able to assess any property owners until after the City’s Joint Powers Agreement with Stillwater Township expires in 2020. Councilmember Junker stated he feels extending public utilities is the best long term option. Mr. Turnblad suggested enacting a moratorium to prevent property owners from splitting their lots prematurely. Staff will initiate a feasibility study, to include neighborhood meetings, and investigate the possibility of a development moratorium. Update on 4th of July Celebration City Administrator McCarty reported that planning for Stillwater’s 2018 July 4th Celebration is well underway. He credited Councilmember Polehna for his fundraising and organizing efforts. Fundraising has outpaced the budgeted amount ($10,000 budgeted and $25,500 pledged). WDGY-FM may simulcast the event (costing $500). St. Croix Jazz Orchestra is requesting $2,600 support from the City. Staff is working with Jim Coughlin, Battery I, 1st US Artillery for civil war cannons (costing $2,100) and Paul Barber of BAM! Productions for bands at the amphitheater prior to fireworks (costing $4,000); and preparing an application for a potential US military aircraft flyover. Mr. McCarty also stated that Councilmember Polehna was contacted by Universal Studios regarding rights to play music from an upcoming movie. He requested Council action authorizing payment for the St. Croix Jazz orchestra, cannons and bands. Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the additional activities for the July 4th celebration and associated costs as presented. All in favor. Badge Presentation - Chris Zeuli Fire Chief Glaser announced the promotion of Captain Chris Zeuli to Assistant Fire Chief, noting Mr. Zeuli has over 27 years of service to the community. STAFF REPORTS Police Chief Gannaway reminded the Council of the Bike Rodeo Saturday, May 5. He also stated the pay lots are now functioning. Mayor Kozlowski informed Chief Gannaway of calls about motorcycle noise. Public Works Director Sanders stated the Phipps Art Center’s art bench will be installed in Pioneer Park for a May 30 unveiling ceremony. He updated the Council on the removal of Ice Castle materials. He reported the river should crest today at 686.5 feet. City Administrator McCarty reported that the City’s request for State funding for the St. Croix riverbank restoration and integrative walkway is proceeding in the House and Senate, and the City’s lobbyist is tracking it. A resolution regarding the proposed slow/no wake zone is being prepared and staff is waiting for the DNR to advise who it goes to next. Councilmember Polehna stated that a master plan for the St. Croix Valley Rec Center would help facilitate fundraising efforts, as foundations usually want to see a master plan. Fire Chief Glaser updated the Council on the strategic planning process; planning sessions will be held May 16-18. Councilmember Weidner responded that without involving the Council, a City Council Meeting May 1, 2018 Page 3 of 10 strategic plan is premature. He would like to have community standards in place and determine what staffing is needed before continuing with a strategic plan. Fire Chief Glaser stated he will talk with the consultant to outline a game plan involving the Council. Mayor Kozlowski recessed the meeting at 5:22 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Public Works Director Sanders Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of the April 17, 2018 regular meeting Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the minutes of the April 17, 2018 regular meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: 2018 U12B Girls Hockey State Champions Motion by Councilmember Polehna, seconded by Councilmember Weidner, to proclaim May 1, 2018 U12B RED Girls Hockey Team Day. All favor. Councilmember Polehna read the proclamation and congratulated the team. Denise Pontrelli, Superintendent of Stillwater Area Schools Denise Pontrelli, Superintendent, shared strategic plan accomplishments and upcoming initiatives toward transforming the schools for the new economy. Pollinator Friendly Alliance - Laurie Schneider Laurie Schneider, Pollinator Friendly Alliance, presented an overview of activities of the Alliance. Proclamation: PowerUp 4 Kids Week Marna Canterbury, PowerUp 4 Kids, explained the PowerUp program. Mayor Kozlowski read a proclamation designating May 5-12 as PowerUp 4 Kids Week. City Council Meeting May 1, 2018 Page 4 of 10 Service Awards: Kim Swanson - Charter Commission, Jared Prom - Traffic Safety Committee and Marcela Kelton, Human Rights Commission Mayor Kozlowski recognized Kim Swanson for over nine years of service on the Charter Commission, Jared Prom for nine years of service on the Traffic Safety Review Committee, and Marcela Kelton for three years of service on the Human Rights Commission. Bike to School Day - Roger Tomten Roger Tomten, Sustainable Stillwater, updated the Council on initiatives to advance biking in the community. He noted that Wednesday, May 9 is Bike to School Day. Rick Heidick, Sustainable Stillwater, reported on a bike giveaway held in conjunction with Bikes for Kids. 2018 Lumberjack Days Update - The Locals No representatives were present. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2018-090, directing payment of bills Resolution 2018-091, approval of 2018 Sculpture Tour Contract with ArtFarm LLC Resolution 2018-092, approval of 2018 Stillwater Criterium Event and Contract Resolution 2018-093, approving new tobacco license for Fog E-Cig Stillwater, LLC, DBA: Fog E-cig Resolution 2018-094, approving license agreement with ILHC of Stillwater (Lakes at Stillwater) Resolution 2018-095, a resolution approving a single taxing district for a lot combination Resolution 2018-096, approving cooperative agreements with Washington County for maintenance of traffic control signals on Manning Avenue Possible approval of NILMDTS Event – September 8, 2018 Resolution 2018-097, resolution accepting cash donations Resolution 2018-098, resolution authorizing the execution of Tax Increment Revenue Note, Assignment of Rights under Development Contract, Amended and Restated Parking Use Agreement and First Amendment to Assessment Agreement and Assessor’s Certificate – Crosby Hotel Project Possible approval of sanitary sewer adjustment Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS Case No. 2018-14. A public hearing to consider a request by the City of Stillwater, applicant, for the consideration of a Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-101: Definitions, 31-209: Design Permit, 31-400: Floodplain Overlay District, and Section 31- City Council Meeting May 1, 2018 Page 5 of 10 512: Regulation of Radio and Television Towers. The aforementioned Case will also affect City Code Section 22-7 Heritage Preservation Commission and Chapter 24 Streets, Alleys and Public Property. City Administrator McCarty requested that the public hearing be tabled to the May 15, 2018 meeting. Mayor Kozlowski opened the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to table to May 15, 2018 the public hearing to consider a request by the City of Stillwater, applicant, for the consideration of a Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-101: Definitions, 31-209: Design Permit, 31-400: Floodplain Overlay District, and Section 31-512: Regulation of Radio and Television Towers. All in favor. Case No. 2018-11. A public hearing to consider a request by Stillwater Mills Commercial Partners, LLC, property owner and Patrick Juetten, applicant, for the consideration of a Conditional Use Permit amendment (2003-83) to remove the condition requiring public use of the commercial parking garage after business hours and on weekends for the property located at 350 Main Street North in the CBD district. PID 2803020130183. Community Development Director Turnblad stated that in November 2003, the City Council approved a Special Use Permit for Stillwater Mills on Main, which included Condition 6(J) requiring that all commercial parking be available for use by the general public during the hours when the commercial properties are not open for business. The 72-space commercial parking area is located on the ground level of the parking garage. The parking area for the condominium residents is separated from the commercial parking area and has a separate entrance. The 72 commercial spaces have not been made available to the general public after hours as required in Condition 6(J). When this condition was brought to the attention of the current representative for the Mills on Main commercial property owners, he stated that his group acquired the property through foreclosure and the condition was not disclosed to them. City staff explained that either the 72 spaces would have to be made available to the general public after hours, or the owner would have to request that the City Council delete Condition 6(J) from the Special Use Permit. Patrick Juetten, Chief Manager of Stillwater Mills Commercial Partners, has submitted an application requesting deletion of Condition 6(J) from Special Use Permit Resolution 2003-241. Mr. Turnblad stated that the City has received numerous emails from residents of Stillwater Mills on Main supporting the removal of the condition. The Downtown Parking Commission on April 19, 2018 unanimously recommended removing the condition because 1) public parking improvements have been made in the immediate neighborhood of the Mills on Main facility; 2) the project meets or exceeds all of its parking requirements; and 3) no parking mitigation was required. Councilmember Weidner asked, if it was required to be open to the public, why wasn’t it built as such? Mr. Turnblad stated the parking garage was built per the design that was approved by the Council. Mayor Kozlowski opened the public hearing. Patrick Juetten, Manager of Stillwater Mills Commercial Partnership, which owns the leasable office space and the commercial garage at 350 Main Street, stated his company purchased the property from two different owners and re-parceled it back under one ownership structure in 2012. He was given no information from the sellers as to public use of the parking garage. As of today the commercial space is 100% leased to two tenants. He stated he first became aware of the public City Council Meeting May 1, 2018 Page 6 of 10 parking condition about 16 months ago when the Crosby Hotel proposal came forward. The garage is taxed as a separate parcel at approximately $6,500 a year. Mr. Juetten further stated it is a competitive advantage to have exclusive parking for the commercial businesses. They have 54 out of the 72 stalls. The extra stalls that are not used for business are available to the residents for guests, essentially taking cars off the street. If RBC continues to expand, they may require the remainder of the parking. He asked to delete this condition because the garage is not designed for public use. It is an L shaped, dead-end garage with small automatic doors, lots of sharp corners, recesses for electrical, and one entrance and one exit. He expressed concerns about the potential for crime with public use, because it is heated in winter and has no windows. He added that the concrete post beam building was built to support load structures above, but was not designed to support impact into the posts. He has not found this type of arrangement in any other building downtown. If the condition is enforced, he will see an increase in costs for maintenance and upkeep. Pay machines and a surveillance system would cost about $250,000 or about $83,000 out of pocket annually to accommodate this provision. They would have to charge $15-20 for two- hour use to break even. Dave Luth, 350 Main Street North, President of Stillwater Mills on Main Homeowners’ Association, spoke for residents of the 92 homes. He presented concerns about the City’s intent to enforce the requirement about public parking. He summarized residents’ concerns about security, guest parking, impact on residences and public bathrooms. He asked the Council to approve the request to delete the condition. Dennis Moline, 350 Main St., Unit 348, Vice President of the Board, representing the Homeowners’ Association, discussed the layout, security and safety of the garage and the vulnerability of building security. He explained several scenarios that could happen: vandalism to mechanical, water supply, sewage system, fire suppression system, and most importantly, gas lines that run the entire length of the garage. Someone could come in with a truck with a cutting logging chain and vandalize the gas lines, causing an explosion that would take out the whole front of the building and damage surrounding buildings. Mr. Moline asked the Council to amend the Conditional Use Permit to remove the condition. Jerry Regan, resident of Unit 318, stated that the original building plans were approved as part of the CUP. The City should have some responsibility for telling the original developer to redo the public parking if it was to be public parking. He feels that public safety demands that it not be public parking because it will become an attractive nuisance to people who want to get out of the cold weather. People have been accosted in public parking lots. He feels it is not in the interest of public safety to allow the space to be open to the public at all hours of the day. George Nelson, resident of Unit 456, stated that the new owners were not aware of the condition. The property is fully developed and 100% occupied, is a lovely place to live and a great asset to the City. Without eliminating the requirement, the City has the potential of destroying the residents’ lives. Mayor Kozlowski closed the public hearing. Councilmember Junker stated that he was on the City Council when Mills, Terra Springs and the Lofts were developed. They were controversial because downtown condos were new to Stillwater. He thinks that the original developer came to the City and offered that the public could park in the garage when the businesses were not operating to eliminate some of the concerns about the building of the condos. In hindsight, the condition should not have been included. The commercial businesses bring clients to downtown Stillwater 365 days a year and take parking pressure off City Council Meeting May 1, 2018 Page 7 of 10 Main Street. Councilmember Junker recalled when he managed US Bank in downtown Stillwater for about 10 years, they opened the parking stalls under the bank to the public on nights and weekends and one year later they had to install a gate due to the damage from graffiti and vandalism. Councilmember Weidner stated he views it as a condition that existed when the property owners purchased the property, including the commercial side. He feels the condition should remain and how the property owners turn it into a public parking lot is their decision. After comments from the audience, Mayor Kozlowski reminded the audience that the public hearing is closed. Councilmember Menikheim commented this is the first he has heard about the issue. He questions what problem the Council is trying to solve by denying the request. He agrees with Councilmember Junker and supports eliminating the condition. Councilmember Polehna noted he is torn. He understands the safety concerns. He called the City’s previous development director who reminded him the condos were supposed to include a public bathroom, but did not. He would prefer a compromise. He is not willing to totally delete the condition tonight, but would like to sit down and talk with the property owners. After comments from the audience, Mayor Kozlowski again reminded them the public hearing is closed. Mayor Kozlowski stated he feels similar to Councilmember Polehna. He recognized the garage is not equipped for public parking. In his time on the Council, he has seen numerous developers come in, list a bunch of things they are going to do for residents, and then swiftly forget all of them. He sees the Council’s job is to hold the developers to these conditions. He is not willing to give up the public parking without first meeting with property owners and coming to an agreement. He recognized that anybody could drive into the building during the day and do the sort of damage that worries the residents about night and weekend parking. He feels the residents should consider themselves lucky that this issue is just coming up now and they have not had to deal with this for 14 years. Mayor Kozlowski reminded the audience the public hearing is closed. Motion by Councilmember Polehna, seconded by Councilmember Junker, to table the request by Stillwater Mills Commercial Partners, LLC, property owner and Patrick Juetten, applicant, for the consideration of a Conditional Use Permit amendment (2003-83) to remove the condition requiring public use of the commercial parking garage after business hours and on weekends for the property located at 350 Main Street North in the CBD District, and to meet with the owner of the building and possibly with homeowners to try to work out an agreement. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker and Polehna Nays: Councilmember Weidner UNFINISHED BUSINESS Discussion on Ordinance amendment to allow outside events in PA, Public/Institutional Zoning District Community Development Director Turnblad presented the first draft of an ordinance that would add the PA, Public/Institutional Zoning District to the list of districts that allow outside events with a Special Use Permit. The BP-I, Business Park – Industrial Zoning District was also added City Council Meeting May 1, 2018 Page 8 of 10 in anticipation of the Lift Bridge Brewery facility being planned for the BP-I property just west of the Lakeview Clinic. He asked for general comments on the amendment. Mayor Kozlowski remarked the amendment memorializes what the City is trying to do. Councilmember Weidner stated he would prefer to address the inclusion of the BP-I Business Park district later. Councilmember Menikheim agreed. Mr. Turnblad replied he will delete the BP-I district and further refine the amendment. NEW BUSINESS Possible approval of 2018 Summer Tuesdays Event and Contract City Clerk Ward reported that Summer Tuesdays is proposed to take place on seven Tuesdays from July to August, from 4:00 p.m. to 11:00 p.m. They have requested a waiver of the noise ordinance to 11:00 p.m. The application for 2018 is the same as 2017, which entails doing the movie in the new amphitheater, using parking lot 5 for food vendors, and the retail vendors will be in the park instead of a parking lot. Staff recommends that a minimum of $500 be charged to be consistent with other 1-day events, even though the event will take place on seven Tuesdays. There have not been any issues in the past, therefore staff recommends approval of the noise waiver until 11:00 p.m. and payment of fees by June 15, 2018. Cory Buettner, Summer Tuesdays, requested the park use base fee be waived. He pointed out the event is free and operates on a very small budget. Motion by Councilmember Weidner, seconded by Mayor Kozlowski, to adopt Resolution 2018-099, approval of 2018 Summer Tuesdays Special Event, Contract and Waiver to the City’s Noise Ordinance, and to waive the $3,500 base fee. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of plans and specifications for 2018 Street Improvement Public Works Director Sanders stated that plans and specifications for the 2018 Street Improvement Project are near completion. Staff requests approval for the plans and specifications and authorization to request bids. Bid results will be presented to Council at the June 5 meeting. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2018-100, approving Plans & Specifications and Ordering Advertisement for Bids for 2018 Street Improvement Project (Project 2018-02). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible ordering preparation of feasibility report for the 2018 Sidewalk Rehabilitation Project Public Works Director Sanders reported that $100,000 is budgeted for a sidewalk project this year, to include downtown and the north hill. He requested authorization to prepare a feasibility study. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2018-101, resolution ordering preparation of Feasibility Report for 2018 Sidewalk Rehabilitation Project (Project 2018-03). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski City Council Meeting May 1, 2018 Page 9 of 10 Nays: None Possible approval of appointments to the Downtown Parking, Heritage Preservation, Human Rights, Parks and Recreation and Planning Commissions and the Traffic Safety Review Committee City Clerk Ward provided a list of recommended appointments to the commissions per the chairs and liaisons. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2018- 102, approval of appointments to the Commissions of Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation, and Planning. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Request for a Special Meeting on May 15, 2018 – 4:30 p.m. City Clerk Ward stated that because of the number of items scheduled for the monthly 4:30 meetings staff is requesting a special 4:30 meeting on May 15 to discuss the updating of the City Code Chapter 30 – Garbage, Chapter 22 – City Administration, adding a youth member on the Human Rights Commission and Council/Boards and Commissions Handbook (part of the Strategic Plan). Motion by Councilmember Junker, seconded by Councilmember Polehna, to set a special meeting for 4:30 p.m. on May 15. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE, PURSUANT TO MINN. STAT. §13D.05 (121 CHESTNUT E) Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting to closed session at 9:21 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2018-090, directing payment of bills Resolution 2018-091, approval of 2018 Sculpture Tour Contract with ArtFarm LLC Resolution 2018-092, approval of 2018 Stillwater Criterium Event and Contract City Council Meeting May 1, 2018 Page 10 of 10 Resolution 2018-093, approving new tobacco license to Fog E-Cig Stillwater, LLC, DBA: Fog E-cig Resolution 2018-094, approving license agreement with ILHC of Stillwater (Lakes at Stillwater) Resolution 2018-095, a resolution approving a single taxing district for a lot combination Resolution 2018-096, approving cooperative agreements with Washington County for maintenance of traffic control signals on Manning Avenue Resolution 2018-097, resolution accepting cash donations Resolution 2018-098, resolution authorizing the Execution of Tax Increment Revenue Note, Assignment of Rights under Development Contract, Amended and Restated Parking Use Agreement and First Amendment to Assessment Agreement and Assessor’s Certificate – Crosby Hotel Project Resolution 2018-099, approval of 2018 Sumer Tuesdays Special Event, Contract and Waiver to the City’s Noise Ordinance Resolution 2018-100, approve Plans & Specifications and Ordering Advertisement for Bids for 2018 Street Improvement Project (Project 2018-03) Resolution 2018-101, resolution ordering preparation of Feasibility Report for 2018 Sidewalk Rehabilitation Project (Project 2018-03) Resolution 2018-102, approval of appointments to the Commissions of Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation, and Planning EXHIBIT "A" TO RESOLUTION #2018-103 LIST OF BILLS Accela Inc Ace Hardware Acoustics Associates Inc. Advanced Graphix Inc. Amdahl Locksmith Inc Chris Animal Humane Society ARI Phoenix Inc Aspen Mills Astleford International Axel H. Ohman Inc Axon Enterprises Board of Water Commissioner Brock White Co. LLC Bryan Rock Products Inc. Burks Tree and Landscape Care Business Data Record Services CalAtlantic Homes Campion Barrow & Associates CDW Government Inc. Century College Century Link Century Power Equipment Cintas Corporation City of Oak Park Heights Clifton LarsonAllen LLP Cole Papers Comcast CoStar Realty Information Inc Coverall of the Twin Cities Cub Foods CW Houle Inc Downtown Idea Exchange ECM Publishers Emergency Automotive Enterprise FM Trust Erickson Builders & Co Fastenal Company FedEx Forms and Systems of Minnesota Fuhr Trenching Fury Dodge Chrysler GASB Gopher State One Call Inc. Greater Stillwater Chamber of Commerce Haussner Plumbing LLC Monthly UB web payments Supplies Police/City Hall Project Reflective graphics Rekeylock Pound charges Building maintenance Uniforms Equipment repair charges Police/City Hall Project Battery pack for tasers WAC Charges Wood chips Field maint supplies Tree Care Document destruction services Grading Escrow Refund Testing Toner Training Telephone Supplies Mat & Uniform cleaning service Reimburse for traffic study Norell/Wash Audit Janitorial supplies Internet & Voice Property professional Commercial Cleaning Services Cake Sewer line repair Subscription Publications Equipment for new squad Lease vehicles Police/City Hall Project Supplies Shipping Citation forms Clean up fuel spill at ice castle Vehicle service Subscription Locates Breakfast educational series Actuators Page 1 592.85 273.41 3,711.85 710.00 656.00 152.00 948.00 678.34 585.20 8,096.25 248.00 14,000.00 936.72 735.22 663 .00 100.00 4,500.00 950.00 178.59 2,245.00 172.84 2.51 397.62 2,400.79 19,248.00 708.61 371.94 376.83 1,772.00 47.58 2,882.00 236.50 294.50 3,132.31 4,178.77 2,543.75 16.68 14.57 768.89 1,760.00 28.27 265.00 235.95 20.00 474.00 EXHIBIT "A" TO RESOLUTION #2018-103 Hoisington Koegler Group Inc Holiday Companies Innovative Office Solutions LLC iSpace Environments Jefferson Fire and Safety Inc. Kath Companies Lake Elmo Oil Inc Landscape Research LLC League of MN Cities League of MN Cities Ins Tr Lemoine Chyrisse Lennar of Minnesota Loffler Companies McDaniel Law & Policy Menards Metropolitan Council Miller Excavating Mitchell Ryan MP Nexlevel LLC Municipal Emergency Services Office Depot OnSite Sanitation Our Saviors Lutheran Church Performance Plus LLC Phasor Electric Company Quill Corporation Safe Fast Inc Safety Signs Salvati Teresa Simplifile LC Stillwater Motor Company Stillwater Rotary Club Stop Stick LTD Streichers SW /WC Service Cooperatives T.A. Schifsky and Sons The Market & B Design Thelen Heating & Roofing Thomson Reuters Thoren Dawn Toll Gas and Welding Supply Transportation Supply LLC Tri-State Bobcat Urbiha Judith US Bank Valley Trophy Inc. Verizon Wireless Professional services Vehicle washes Windex Cabinets Sensors Fuel Fuel Historic Resources Chapter Update Workers Comp Claim Quarterly Municipality Insurance Reimburse for Bike Rodeo supplies Grading Escrow Refund Misc computer & equipment expenses Professional services Supplies Wastewater Charge & SAC Sand for high water Reimburse for Bike Rodeo meals Locating Rope Office supplies Portable restroom rental Park fee refund Medical screening Police/City Hall Project Office Supplies Office Supplies Supplies Refund of Utility Billing Filing fees Vehicle service Membership Supplies Uniform supplies COBRA & Retiree Health Insurance Aggregate Grading Escrow Refund Police/City Hall Project Information Charges Reimburse for expenses Cylinders Barricade Mower Reimburse for expenses Paying agent fees Name plates Police Mobile Broadband Page 2 9,858.22 285.00 24.78 3,714.32 793.03 251.14 16.87 10,000.00 1,956.41 68,965.00 28.59 1,500.00 4,532.91 12,500.00 610.37 178,051.37 387.83 143.53 557.50 354.60 795.38 328.00 50.00 435.00 28,117.65 624.92 911.15 360.55 289.25 150.00 58.48 190.00 114.00 38.98 74,092.08 309.92 1,500.00 20,676.30 141.94 3.00 42.72 469.75 3,035.00 132.96 1,900.00 36.30 621.21 EXHIBIT "A" TO RESOLUTION #2018-103 Voyant Communications Washington County Assessment & Taxation Washington County Sheriffs Office Zee Medical Service REC CENTER 1ST Line/Leewes Ventures LLC 4Front LLC Ace Hardware Advance Auto Parts Al's Coffee Company Becker Arena Products Century Link Cintas Corporation Coca-Cola Distribution Daleo HOR Architecture Holiday Credit Office Ice Skating Institute Menards Miller Excavating R&R Specialties Inc. Riedell Shoes Inc. St. Croix Boat and Packet Co. Viking Auto Sprinkler Co. LIBRARY Ace Hardware Baker and Taylor Brodart Co Culligan of Stillwater Ellis Sandy Floyd Total Security Howe Linnea Inyo Entertainment Loft Literary Center MN Library Assoc. Reyers Mariah E. Stillwater Printing Co. Washington County Library Phone Special Assessment Billing Code Classify & Transcription First aid supplies Concession supplies Dasher banners Supplies Equipment repair supplies Concession supplies Dashers Telephone Mat cleaning service Beverages for concessions Janitorial supplies Rec Center Project Fuel Show Supplies Move evaporators from Rec Center to Lily Lakt Equipment repair supplies Skates Arena Billing Equipment repair Janitorial Supplies Materials Materials Misc Reimburse for expenses Security Staff Reimbursement Programs Programs PLO Day -Angie Programs Art Tour Brochures Ql Postage/Stock Overdue Notices Page 3 508.22 5,085.00 5,269.53 308.40 626.15 1,913.00 196.50 30.84 932.20 27,035.09 62.07 103.00 840.00 720.16 8.53 97.39 25.00 97.56 1,047.50 2,146.94 11,873.50 110,573.70 1,260.00 457.01 194.05 1,820.38 56.55 92.69 168.12 25.00 250.00 1,107.00 50.00 240.00 95.00 205.70 RESOLUTION 2018-104 APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS, THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR MAINTENANCE OF THE TRAFFIC CONTROL SIGNAL SYSTEM AT THE INTERSECTION OF COUNTY STATE AID HIGHWAY (CSAH) 24 (OSGOOD AVENUE) AND COUNTY ROAD (CR) 62 AND 62ND STREET NORTH WHEREAS, a cooperative agreement between the Oak Park Heights, Stillwater and Washington County to maintain traffic control signal systems at the intersection of County State Aid Highway (CSAH) 24 (Osgood Avenue) and County Road (CR) 62 and 62nd Street North been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that the cooperative maintenance agreement presented to Council and on file with the office of the City Clerk is hereby approved and authorizes the Mayor and City Administrator to execute said agreement. Adopted by the City Council this 15th day of May 2018. _____________________________________________ Ted Kozlowski, Mayor ATTEST: ________________________________________________ Diane F. Ward, City Clerk Date: May 11, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Transfer of On-sale, Sunday, Off-sale Liquor License – Lora Hotel Reviewed by: Capt. Nate Meredith, Police Department Tom McCarty, City Administrator DISCUSSION: An application for the transfer of an On-sale, Sunday, Off-sale liquor licenses from Luna Rossa to Elevage Hotel Group, LLC, DBA: Lora/Feller/The Long Goodbye/MADE located at 402 Main Street South. The Elevage Hotel Group has a lease with MnDOT for the deck located south of the hotel (Exhibit B). The highlighted area is the property line for the MnDOT lease and the public sidewalk runs along the property. Staff has made the applicant aware that the public sidewalk cannot be used for the service/transport of alcohol or food. In discussions with the applicant it is anticipated that the building (former Caves entrance) could be used in the same fashion as Leo’s. The difference is Leo’s does not serve alcohol and no division planned to separate the property from the sidewalk for the distribution of alcohol to the customer (as required by other establishments serving liquor). If this were strictly used by the wait staff to transport food and alcohol to the deck that may be acceptable to the State and Washington County Department of Public Health & Environment, however the use of that building does not currently meet the requirements for service/transport of food or alcohol. Washington County Department of Public Health & Environment has not provided the City any approval for use of the building. Therefore the use of the deck at this time for alcohol and food should not be approved until Washington County approves the building for alcohol/food service/transport to the deck and is strictly used by wait staff and not to customers. Staff cannot see any other pathway other than the public sidewalk for alcohol/food transport which is not allowed. The Elevage Hotel Group is also planning to use MnDOT property (see attachment) for a patio (in green) to the north of their patio (in orange). They are currently working with MnDOT for a lease or transfer of that property to the Elevage Hotel Group. RECOMMENDATION: Staff recommend approval contingent upon: 1. No use of public sidewalk for the service/transport of alcohol to the south deck as highlighted green on Exhibits A, B, and D. 2. Once documentation (lease or transfer documents) is received by the City regarding MnDOT property to the north of their patio (Exhibit C), and delineated as shown on Page ID2.1 (Exhibit D) of the construction drawings, service of alcohol/food can take place at that location. 3. No use of south deck and existing building for alcohol service (Exhibit B) until the inside of the building is updated according to the requirements for liquor/food handling and inspected by building, fire and Washington County Department of Public Health & Environment. Said building shall be strictly used by the wait staff to receive/transport alcohol to the deck and not directly given to customers. 4. The satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Department of Public Health & Environment and Minnesota Alcohol Gambling Enforcement Division (AGED) for the restaurant and patio on their property as show on Exhibit D. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled “Approving the transfer of an On-sale, Sunday and Off-sale Liquor Licenses to the Elevage Hotel Group, LLC, DBA: Lora/Feller/The Long Goodbye/MADE , as conditioned above. RESOLUTION 2018-105 APPROVING THE TRANSFER OF AN ON-SALE, SUNDAY AND OFF-SALE LIQUOR LICENSES TO THE ELEVAGE HOTEL GROUP, LLC, DBA: LORA/FELLER/THE LONG GOODBYE/MADE WHEREAS, a application has been received from the Elevage Hotel Group, LLC, DBA: Lora/Feller/The Long Goodbye/MADE for the transfer of the On-sale, Sunday and Off-sale liquor license located at located at 402 Main Street South; and WHEREAS, approval is contingent upon fulfilling all requirements to hold an On-sale, Sunday and Off-sale liquor license including: 1. No use of public sidewalk for the service/transport of alcohol to the south deck as highlighted green on Exhibits A, B, and D. 2. Once documentation (lease or transfer documents) is received by the City regarding MnDOT property to the north of their patio (Exhibit C), and delineated as shown on Page ID2.1 (Exhibit D) of the construction drawings, service of alcohol/food can take place at that location. 3. No use of south deck and existing building for alcohol service (Exhibit B) until the inside of the building is updated according to the requirements for liquor/food handling and inspected by building, fire and Washington County Department of Public Health & Environment. Said building shall be strictly used by the wait staff to receive/transport alcohol to the deck and not directly given to customers. 4. The satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Department of Public Health & Environment and Minnesota Alcohol Gambling Enforcement Division (AGED) for the restaurant and patio on their property as show on Exhibit D. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approve the transfer of an On-sale, Sunday and Off-sale Liquor Licenses to Elevage Hotel Group, LLC, DBA: Lora/Feller/The Long Goodbye/MADE, 402 Main Street S. Stillwater, MN 55082. Adopted by Council this 15th day of May, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Date: May 10, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Transfer of On-sale and Sunday Liquor License DISCUSSION: An application for the transfer of an On-sale and Sunday liquor licenses from Brines Bar & Restaurant to Two Brians LLC, DBA: Brine’s located at 219 Main Street S. RECOMMENDATION: Staff recommend approval contingent upon: The satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Department of Public Health & Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled “Approving the transfer of an On-sale and Sunday Liquor Licenses to the Two Brians LLC, DBA: Brine’s,” as conditioned above. APPROVING THE TRANSFER OF AN ON-SALE AND SUNDAY LIQUOR LICENSES TO THE TWO BRIANS LLC, DBA: BRINE’S WHEREAS, a application has been received from the Two Brians LLC, DBA: Brine’s for the transfer of the On-sale and Sunday liquor license located at located at 219 Main Street South; and WHEREAS, approval is contingent upon fulfilling all requirements to hold an On-sale, Sunday and Off-sale liquor license including: The satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Department of Health and Minnesota Alcohol Gambling Enforcement Division (AGED) for the restaurant and patio on their property as show on Exhibit D. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approve the transfer of an On-sale and Sunday Liquor Licenses to the Two Brians LLC, DBA: Brine’s, 219 Main Street S. Stillwater, MN 55082. Adopted by Council this 15th day of May, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Date: May 10, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk Subject: Liquor License Licensee Name Change (DBA/Trade Name) Stillwater Liquors to Cellars Wine & Spirts Water to Wine LLC A revised application for License Business Name (DBA/Trade Name) Change from Stillwater Liquors to Cellars Wine & Spirits has been received from Water to Wine LLC. The corporate information (Licensee Name) will remain Water to Wine LLC. Name changes, Licensee Name (Corp. LLC etc.) or DBA/Trade Name Changes, require updated applications and changes to the establishment’s license(s) at the City and State. ACTION REQUIRED: If approved, Council should adopt a resolution entitled APPROVING BUSINESS NAME (DBA/TRADE NAME) CHANGE OF STILLWATER LIQUORS TO CELLARS WINE & SPIRTS. RESOLUTION 2018-107 APPROVING BUSINESS NAME (DBA/TRADE NAME) CHANGE OF STILLWATER LIQUORS TO CELLARS WINE & SPIRITS WHEREAS, a revised application has been received from Wine to Water LLC for a Business Name (DBA/Trade Name) Change to Cellars Wine & Spirits; and WHEREAS, there are no other changes on the application; and WHEREAS, all required forms have been submitted. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the name change from Stillwater Liquor to Cellars Wine & Spirits. Adopted by Council this 15th day of May, 2018. _______________________________ Ted Kozlowski, Mayor ATTEST: ____________________________________ Diane F. Ward, City Clerk Receipt Number_`_ 11WWater Check No. c; . a `7_5 Amount Paid: / O- Fee: $100.00 THE BIRTHPLACE OF MINNESOTA APPLICATION FOR SALE OF FIREWORK RECEIVED MAY 08201g APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT,.. Name of Applicant CUB FOODS-STILLWATER Home Address Name of Business CUB FOODS Business Address 1801 MARKET DRIVE, STILLWATER, MN 55082 Corporate Address (if different than business address) Telephone (Business): 657 9' -2g5O Home Phone Beginning Date of Sale: UPON APPROVAL End Date of Sale: 7/7/2018 Hours of Operation: Location of Display INSIDE THE STORE @ CUB FOODS REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000, 000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with dimensions included. 7 7 Ze-t_ Signature of Applicant (oorr agent) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief. Date: The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief: Date: The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: Date: Approval Date of Stillwater City Council: Permit No.: TNT® FIREWORKS Site Plan Worksheet ADDRESS 1'O 'c t"\ CITY YI- STATE 'v'Z_ ZIP SSOc Z PHONE 7 5O 2&.C.O STORE NAME/LOCATION # TYPE OF EVENT: In-store sales of state-approved fireworks NORTH cik SOUTH- SPECIAL 1 INSTURCTIONS SIGNATURE '' G DATE 1/4//8 STORE 4ANAGER/TNT®Representative l DATE(MM/DD/YYYY) A`CERTIFICATE OF LIABILITY INSURANCE 11/1/2018 4/17/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER Lockton Companies NAMEACT 3280 Peachtree Road NE,Suite#250 PHONE FAX Atlanta GA 30305 E-MAIL°• EXn: A/C,No): 404)460-3600 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Everest Indemnity Insurance Company 10851 INSURED American Promotional Events,Inc. INSURER B: 1359629 DBA TNT Fireworks,Inc. INSURER C: P.O.Box 1318 INSURER D: 4511 Helton Drive INSURER E: Florence AL 35630 INSURER F: COVERAGES CERTIFICATE NUMBER: 12292506 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP/ Y LIMITSLTRINSDWVDPOLICYNUMBERMM/DDYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY N N SI8GL00242-171 11/1/2017 11/1/2018 EACH OCCURRENCE 1,000, 000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 500,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000, 000 POLICY JER X LOC PRODUCTS-COMP/OP AGG $ 2,000, 000 OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ Ea accident) XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE XXXXXXXAUTOSONLYAUTOSONLYPeraccident) XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE XXXXXXX DED RETENTION$ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER STATUTE EOTH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT XXXXXXX OFFICER/MEMBER EXCLUDED? N/A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR TIIIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND TILE POLICY TERM(S)REFERENCED. Certificate holder is an additional insured on the General Liability as required by written contract subject to policy terms,conditions,and exclusions. CERTIFICATE HOLDER CANCELLATION 12292506 CUB FOODS WEST 30254 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF STILLWATER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1801 MARKET DRIVE ACCORDANCE WITH THE POLICY PROVISIONS. STILLWATER MN 55082 AUTHORIZED REPRESENTATIVE 1988-201 ACORD CORPO TION. All rights reserved. ACORD 25( 2016/03) The ACORD name and logo are registered marks of ACORD License No. FW-0004 City of Stillwater 0 County of Washington M,,,,„;"; n,. .Msry,, State of Minnesota PERMIT TO SELL FIREWORKS PRODUCTS AT RETAIL LICENSE IS HEREBY GRANTED TO Cub Foods - Stillwater to sell Fireworks Products at retail at 18oi Market Drive in the City of Stillwater in said County and State for the year 2018, subject to the laws of the State of Minnesota and the ordinances of said City of Stillwater pertaining thereto. Dated: 5/10/2018 ATTEST: The City Council of the City of Stillwater Diane F. Ward, City Clerk Ted Kozlowski, Mayor Receipt Number /5 00e Check No. /O/3o 'Xei11vvaterAmountPaid: Fee: $100. DECEIVED THE BIRTHPLACE OF MINNEBOTA 4APPLICATIONFORSALEOFFIREWORKS v r Jn,,.''9 BY: APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT Name of Applicant DOLLAR TREE#4375-STILLWATER Home Address Name of Business DOLLAR TREE#4375 Business Address 2070 MARKET DRIVE, STILLWATER, MN 55082 Corporate Address (if different than business address) 5OO Vol U° P/C7 Che)4trg,CQ (/ Telephone (Business): Home Phone Beginning Date of Sale: UPON APPROVAL End Date of Sale: 07/ 07/2018 Hours of Operation: a 9;0 Location of Display INSIDE THE STORE @ DOLLAR TREE REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee- $100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or wi dimensions included. t r J Signature of Applicant(o agent) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: Date: The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief: Date: The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: Date: Approval Date of Stillwater City Council: Permit No.: TNT® FIREWORKS Site Plan Worksheet ADDRESS 2070 Made Or CITY , i ((ct, - STATE I)?/7 ZIP 5 -PHONE &s1` y,le, `& 'o STORE NAME I LOCATION# Thihr I f e e TYPE OF EVENT: In-store sales of state-approved fireworks 7 1 \ 1 i 1 I Li L j LLi. Fe-1tZt 40 lie II 9310 SPECIAL INSTURCTIONS 'MP,,v // if." YA sam P ` [_,i,, oait i 7,,ez SIGNATURE 7? DATE ////7 STORE MANAGER TO Representative MATERIAL SAFETY DATA SHEET — Consumer Fireworks SECTION 1 —IDENTITY: Consumer Fireworks at Retail Locations Importer's Name American Promotional Events/TNT Fireworks Emergency Telephone Normal Business Hours—800-243-1189 Number After Hours—ChemTel—800-255-3924 Address Corporate Office 4511 Helton Dr. Florence,AL 35630 SECTION 2 -Hazardous Ingredients/Identity Information Consumer fireworks contain various mixtures of oxidizers and fuels,and are designed to burn and produce visible and audible effects when they are caused to ignite by a user.The oxidizers include potassium nitrate,strontium nitrate and potassium perchlorate.Fuels include charcoal,sulfur,starch,and aluminum. All chemical composition is contained within the device,and there should be minimal-to-no exposure to the chemicals under normal conditions of handling of the type typically involved in retail sales operations. The chemical mixtures are stable to temperatures up to at least 250°F,and no ignition of these devices should occur during normal handling,transportation,movement,and storage. A match or other flame or heat source is required to ignite the fuse on the devices in order to cause the devices to operate. SECTION 3-PHYSICAL/CHEMICAL CHARACTERISTICS Boiling Point N/A Specific Gravity(H20=1) N/A Vapor Pressure(mm Hg) N/A Melting Point N/A Vapor Density(AIR=1)N/A Evaporation Rate Butyl Acetate= 1) N/A-All solids Solubility in Water:slight Appearance and Odor:All chemical composition is contained inside a cardboard or other container SECTION 4-FIRE AND EXPLOSION HAZARD DATA Flash Point(Method Used) Ignition temperature exceeds 250°F Flammable Limits N/A—no vapor present LEL N/A UEL N/A Extinguishing Media Water Special Fire Fighting Procedures:Evacuate the area if a fire reaches the fireworks and they begin to burn vigorously.Allow sprinklers to function,if present—they should control the fire.Otherwise,evacuate the area and await arrival of fire fighters. Unusual Fire and Explosion Hazards—Suffocation methods should not be used—the devices contain their own oxygen.Use a strong water flow instead. A fire that has reached consumer fireworks may produce substantial smoke as well as flame,sparks,and burning projectiles. Once consumer fireworks begin burning,all persons must immediately evacuate the area.Only fire fighters wearing appropriate safety equipment should ever consider approaching an area where consumer fireworks are on fire. Remote firefighting methods should be use whenever possible.Where conditions permit,it may be advisable to allow the fireworks to burn to completion—this will greatly simplify clean-up efforts. 1 SECTION 5-REACTIVITY DATA Stability Unstable Conditions to Avoid:Open flames,hot surfaces, Stable X rough handling Incompatibility(Materials to Avoid) none Hazardous Decomposition or Byproducts Considerable smoke may be produced in a fire Hazardous May Occur Conditions to Avoid:N/A Polymerization Will Not Occur X SECTION 6-HEALTH HAZARD DATA Routes of Entry Inhalation N Skin N Ingestion N Health Hazards Health hazards should be minimal—all chemical composition is contained Acute and Chronic) inside sealed devices.If leakage occurs and contact with skin occurs,be sure to wash hands promptly,and before eating or drinking. Carcinogenicity NTP N/A IARC Monographs N/A OSHA Regulated N/A Signs and Symptoms N/A of Exposure Medical Conditions None,except in case of fire. Smoke exposure is then the greatest possible Generally Aggravated concern(in addition to fire). by Exposure Emergency and First Evacuate area if a fire reaches the fireworks.If smoke inhalation occurs,remove Aid Procedures persons to fresh air and contact emergency medical services SECTION 7-PRECAUTIONS FOR SAFE HANDLING AND USE Steps to Be Taken in Cautiously pick up the spilled devices and place them in a marked container. Case Material is Contact your American Promotional/TNT representative for removal Released or Spilled instructions. Waste Disposal Method Contact your American Promotional/TNT representative for disposal information. Precautions to Be Taken Avoid extreme temperatures,open flame and sparks,and rough handling in Handling and Storing Other Precautions Intentional misuse/mischief poses the greatest concern with these devices in a retail setting.Monitor the fireworks display area on an ongoing basis,and keep young children,intoxicated persons,and any time of open flame out of the fireworks area. No smoking is ever permitted near fireworks. SECTION 8-CONTROL MEASURES Respiratory Protection(Specify Type) N/A—no vapor or dust exposure with intact items Ventilation Local Exhaust N/A Special N/A Mechanical(General) N/A Other N/A Protective Gloves—not required for retail sales Eye Protection N/A Other Protective Clothing/Equipment—none required for retail sales Work/Hygienic Practices—wash hands after handling fireworks and before eating or drinking 2 ACORO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/1/2018 4/17/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTNAME:ACT 3280 Peachtree Road NE,Suite#250 PHONE FAX Atlanta GA 30305 E-MAILIo,Extl: A/C,No): 404)460-3600 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Everest Indemnity Insurance Company 10851 INSURED American Promotional Events,Inc. INSURER B: 1359629 DBA TNT Fireworks,Inc. INSURER C: P.O.Box 1318 INSURER D: 4511 Helton Drive INSURER E: Florence AL 35630 INSURER F: COVERAGES CERTIFICATE NUMBER: 12890311 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD_ POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY N N SI8GL00242-171 11/1/2017 11/1/2018 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTEDCLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 500, 000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 RO- POLICY JECT X LOC PRODUCTS-COMP/OPAGG $ 2,000, 000 OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT Ea accident) XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED AUTOS ONLY AUTOSULED BODILY INJURY(Per accident) $ XXXXXXX AUTOSHIRED NON-OWNED PROPERTY DAMAGE XXXXXXXONLYAUTOSONLYPeraccident) XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE XXXXXXX' DED RETENTION$ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ XXXXXXXOFFICER/MEMBER EXCLUDED? N/A Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT $ XXXXXXX DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. Certificate holder is an additional insured on the General Liability as required by written contract subject to policy terms,conditions,and exclusions. CERTIFICATE HOLDER CANCELLATION 12890311 DOLLAR TREE 4375 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF STILLWATER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2070 Market Dr ACCORDANCE WITH THE POLICY PROVISIONS. STILLWATER MN 55082 AUTHORIZED REPRESENT T E L.6 1988-201 ACORD CORPO TION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 53-02504211> S3-02504211 REPRINT - TNT FIREWORKS PACK LIST - REPRINT - 21367 Order # : 2504211-S3-00002 Chain Store Sales-Indiana Order Date : 4/5/18 Terms : Net 10 Days CUST PO: 00007285926 SCAC: PRO # :SLSMN: Chain Stores - East SHIPMENT NBR: 336516 WLSL Lic # : Sold To: 1567412 Ship To: 2385199 - DTS4375 DOLLAR TREE STRS, INC - CORPORATE 0 DOLLAR TREE 4375 500 VOLVO PARKWAY 2070 MARKET DR CHESAPEAKE, VA 23320 STILLWATER, MN 55082 SFM # : Desc/Case Packing Item Quantity Selling Suggested CP # - UPC Ordered Units Sell Price Sparklers 12 IN MORNING GLORY PDQ DT J1 380284 2 CS 190 EA 1 . 0000 95/1 189619 - 27736029426 8 SPARKLERS ASST PDQ DT J1 380285 4 CS 432 EA 1 . 0000 108/3/5 117587 - 27736027897 Counter Cases COUNTER CS (SMK SNK) DT SMK J1 672699 4 CS 4 EA 151 . 0000 1/ 1 189611 Containing: ASST. COLOR SNAKE TNT 320244 244 BG 244 BG 1 . 00 6/32/4/5 117611 - 27736012701 SMOKE BALLS BAG OF 6 J11 351051 360 EA 360 EA 1 . 00 120/6 117657 - 27736027910 COUNTER CS (SNAP POP) DT PS J1 673285 5 CS 5 EA 154 . 0000 1/ 1 203950 Containing: 2 PAK SNAP SM PDQ 931247 J 320516H 510 EA 510 EA 1 . 00 4/41/2/50 117597 - 27736022922 PARTY POPPERS 6PK W/ PDQ J 320537A 260 EA 260 EA 1 . 00 4/48/6 203920 - 27736023950 COUNTER CS (RDYSS AMZ ) DT SSJ1 673442 2 CS 2 EA 165 . 0000 1/1 257506 Containing: ROWDY 201161 84 EA 84 EA 1 . 00 32/1 224638 - 27736034604 AMAZING FOUNTAIN 200037 150 BX 150 BX 1 . 00 12/24/4 117669 - 27736002337 SHORT STACK J13 200924B 96 EA 96 EA 1 . 00 8/28 152647 - 27736028054 Page No 1 REPRINT - TNT FIREWORKS PACK LIST - REPRINT - Order # : 2504211-S3-00002 Desc/Case Packing Item Quantity Selling Suggested CP # - UPC Ordered Units Sell Price COUNTER CS (LF REV) DT SS J17 673620 2 CS 2 EA 156 . 0000 1/1 257494 Containing: REV J17 201217 140 EA 140 EA 1 . 00 216/1 257493 - 27736037582 LIGHTNING FLASH 4 J09 320528 172 EA 172 EA 1 . 00 4/40/4 117667 - 27736023219 Case Totals : 19 CS Total Pallets: PL Total Repack Cases : CS DECLARATION OF COMPLIANCE American Promotional Events, Inc . , dba TNT Fireworks, certifies that all consumer fireworks identified on this invoice have been tested by the American Fireworks Standards Laboratory and found to conform with all applicable regulations, standards and bans enforced by the U.S . Consumer Product Safety Commission. Testing and certification for these items complies with rules, standards and bans applicable to consumer fireworks: Performance Standards 16 CFR 1500 . 17 (a) (9) 16 CFR 1500 . 17 (a) (11) 16 CFR 1500 . 17 (a) (12) 16 CFR 1507 Powder Content Bans 16 CFR 1500 . 17 (a) (3) 16 CFR 1500 . 17 (a) (8) 16 CFR 1500 . 85 (a) (2) Cautionary Labeling 16 CFR 1500 . 14 (b) (7) 16 CFR 1500 . 83 (a) (27) Contact information for laboratory that performed conformity testing. American Fireworks Standards Laboratory (AFSL) 7316 Wiscons-in Avenue, Suite 214 Bethesda, MD 20814 301-907-9115 afslhq@afsl .org CONTACT INFORMATION FOR INDIVIDUAL MAINTAINING RECORDS ON WHICH DECLARATION IS BASED: NAME: Kathie Pendergrass ADDRESS : 4511 Helton Drive Florence, Alabama 35630 TELEPHONE: 256-764-6131 FAX: 256-767-7200 E-MAIL: pendergrassk@tntfireworks .com. www. tntfireworks . com Page No 2 S3-2504211> S3-2504211 TNT Fireworks Bill of Lading - REPRINT SCAC: PRO # : Shipment # : 336516 Shipper: 22067 Sales Assoc : Chain Stores - East TNT WAREHOUSE - MARION, IN Cust PO # : 00007285926 912 E 24TH STREET Order # : 2504211 Building #18 RBU: 21367 MARION, IN 46953 Transfer: WLSL Lic # : Sold To: 1567412 Ship To: 2385199 DOLLAR TREE STRS, INC - CORPORATE 0000DOLLAR TREE 43751 500 VOLVO PARKWAY 2070 MARKET DR CHESAPEAKE, VA 23320 STILLWATER, MN 55082 SFM # : Phone # : 6514308840 Prepaid Shipment Charges Bill To: TNT Fireworks C/O Transportation Insight PO Box 23000 Hickory, NC 28603 DELIVER DATE: 5/1/18 ****** Emergency Response Nbr: (800) 255-3924 Payment Terms : Net 10 Days Contract Number: MIS0006877 HM Description of Articles Weight Shipping # of Cases Class Pieces X UN0336, FIREWORKS 1 .4G 108 LBS 85 6 [X] NOVELTIES - NMFC 56290-4 162 LBS 175 13 [X] Totals : 270 LBS 19 Net Explosive Mass : 27 LBS Checked By: Received By: Received Date : Delivered By: Placards Tendered By: Page No 1- License No. FW-0002 City of Stillwater 0 County of Washington M,,,,„;"; n,. .Msry,, State of Minnesota PERMIT TO SELL FIREWORKS PRODUCTS AT RETAIL LICENSE IS HEREBY GRANTED TO Dollar Tree #4375-Stillwater to sell Fireworks Products at retail at 2070 Market Drive in the City of Stillwater in said County and State for the year 2017, subject to the laws of the State of Minnesota and the ordinances of said City of Stillwater pertaining thereto. Dated: 5/4/2018 ATTEST: The City Council of the City of Stillwater Diane F. Ward, City Clerk Ted Kozlowski, Mayor Receipt Number -S e.% I Check No sL f3Lz.V.7•7 1 Amount Paid: ./L.96,e5! Fee: $100.00 THE BIRTHPLACE OF MINNESOTA APPLICATION FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT Name of Applicant TARGET#931 Home Address Name of Business TARGET#931 Business Address 2021 MARKET DRIVE, STILLWATER MN, 55082 Corporate Address (if different than business address) Telephone (Business): Home Phone Beginning Date of Sale: UPON APPROVAL End Date of Sale: 7/7/2018 Hours of Operation: Location of Display INSIDE THE STORE @ TARGET#931 REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing theCityofStillwaterasanadditionalinsured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with dimensions included. Signature of Applicant (or agent) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: Date: The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject tothefollowingconditionsifany: Signature of Police Chief: Date: The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: Date: Approval Date of Stillwater City Council: Permit No.: TNT® FIREWORKS Site Plan Worksheet ADDRESS 2021 Mai kt Drlrc CITY SilliVialtV STATE M.AI ZIP 55-682 7S '` HONE 10/~'1/. ri-e2 9 2_ STORE NAME 1 LOCATION # YcLrr,* T et/ TYPE OF EVENT: In-store sales of state-approved fireworks NORTH tk Alwas foie.) gy:Lc4v4p4 sfrA hr 1a- g SOUTH SPECIAL INSTURCTIONS n SIGNATURE DATE V/-0 3 S tANAGER/T T®Representative ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) Ls.... 11/1/2018 4/17/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 3280 Peachtree Road NE,Suite#250 PHONE No,Ext): A/C,No):Atlanta GA 30305 E-MAIL 404)460-3600 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Everest Indemnity Insurance Company 10851 INSURED American Promotional Events,Inc. INSURER B: 1359629 DBA TNT Fireworks,Inc. INSURER C: P.O.Box 1318 INSURER D: 4511 Helton Drive INSURER E:Florence AL 35630 INSURER F: COVERAGES CERTIFICATE NUMBER: 12292513 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITSMM/DDIYYYYI,(MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY N N SI8GL00242-171 11/1/2017 11/1/2018 EACH OCCURRENCE 1,000, 000 DAMAGE TO RENTEDCLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 500,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECOT- X LOC PRODUCTS-COMP/OP AGG $ 2,000, 000 OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT Ea accident) XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXXOWNEDSCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ XXXXXXX HIRED NON-OWNED AUTOS ONLY AUTOS ONLY PROa DAMAGE XXXXXXXPeraccident) XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE XXXXXXX DED RETENTION$ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT XXXXXXXOFFICER/MEMBER EXCLUDED? N/A Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXXIfyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. Certificate holder is an additional insured on the General Liability as required by written contract subject to policy terms,conditions,and exclusions. CERTIFICATE HOLDER CANCELLATION 12292513 TARGET 0931 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF STILLWATER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2021 MARKET DRIVE ACCORDANCE WITH THE POLICY PROVISIONS. STILLWATER MN 55082 AUTHORIZED REPRESENTATIVE VTEl ' "a 1988-201 ACORD CORPO TION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD S3-02492991> S3-02492991 REPRINT - TNT FIREWORKS PACK LIST - REPRINT - 21367 Order # : 2492991-S3-00002 Chain Store Sales-Indiana Order Date : 4/4/18 Terms : Net 10 Days CUST PO: SCAC: FXNL PRO # : 4424341541 SLSMN: Chain Stores - East SHIPMENT NBR: 325368 WLSL Lic # : Sold To: 1410006 Ship To: 1042552 - TAR0931 TARGET - CORPORATE 00001 TARGET 0931 PO BOX 1296 2021 MARKET DRIVE MINNEAPOLIS, MN 55440 STILLWATER, MN 55082 SFM # : Desc/Case Packing Item Selling Suggested CP # Units Sell Price Assortments STORM SHOCK USA PDQ SS J10 102023 24 EA 9 . 9900 24/1 009130248 THUNDER BOOM USA SS J12 WO PD 102024B 20 EA 19 . 9900 10/1 009130249 LIGHTNING BLAST SS AM BOX J13 102309 12 EA 29 . 9900 12/1 009130059 MEGA STORM USA SS AM BOX J13 102310 8 EA 49 . 9900 8/1 009130056 Base Fountains LASER RAINBOW W/YP 200573U 16 EA 5 . 0000 16/1 009130170 SUPER VALUE PACK REV J09 200722 12 EA 10 . 0000 12/3 009130051 Ground Spinners GROUND BLOOM FLOWER 20 CT BOX 290157A 40 EA 5 . 0000 2/20/20 009130063 Novelties 2 PAK SNAP 4 PDQS J14 320516J 160 EA 1 . 0000 4/40/2/50 009130104 Sparklers 8 SPARKLERS ASST 2 PDQS J14 380247A 84 EA 2 . 0000 2/42/6/5 009130103 20 NEON SPARKLERS J17 380303 48 EA 5 . 0000 48/5 009130236 20 CELEBRATION SPK J17 380304 48 EA 5 . 0000 48/5 009130240 Counter Cases Page No 1 REPRINT - TNT FIREWORKS PACK LIST - REPRINT - Order # : 2492991-S3-00002 Desc/Case Packing Item Selling Suggested CP # Units Sell Price DSP TAR J18 NR 673712 1 EA 2617 . 3500 1/ 1 Containing: SUPER VALUE PACK REV J09 200722 12 EA 10 . 00 12/3 009130051 SMOKE BALLS BOX OF 8 J12 351052 48 EA 2 . 00 4/24/8 009130046 DOUBLE PAK MORNING GLORY J 380276 54 EA 1 . 00 4/54/8 009130128 THUNDER BOOM USA SS J12 WO 102024B 21 EA 19 . 99 10/1 009130249 SIGN NFPA SM FRWKS NO SMOK 730644E 2 EA 0 . 00 1/1 LIGHTNING BLAST SS AM BOX 102309 12 EA 29 . 99 12/1 009130059 MEGA STORM USA SS AM BOX J 102310 8 EA 49 . 99 8/1 009130056 20 NEON SPARKLERS J17 380303 48 EA 5 . 00 48/5 009130236 20 CELEBRATION SPK J17 380304 48 EA 5 . 00 48/5 009130240 STORM SHOCK USA PDQ SS J10 102023 24 EA 9 . 99 24/1 009130248 LASER RAINBOW W/YP 200573U 12 EA 5 . 00 16/1 009130170 8 SPARKLERS ASST 2 PDQS J 380247A 42 EA 2 . 00 2/42/6/5 009130103 2 PAK SNAP 4 PDQS J14 320516J 80 EA 1 . 00 4/40/2/50 009130104 GROUND BLOOM FLOWER 20 CT 290157A 20 EA 5 . 00 2/20/ 20 009130063 JALAPENO POPPER YP PDQ 201183 32 EA 2 . 00 3/16 009130202 MAD TROLLS 201247 12 EA 5 . 00 24/1 27736039005 DUMP BIN TAR SNP SPK J18 673719 1 EA 2288 . 0000 1/1 Containing: 8 SPARKLERS ASST 2 PDQS J 380247A 504 EA 2 . 00 2/42/6/5 009130103 2 PAK SNAP 4 PDQS J14 320516J 1280 EA 1 . 00 4/40/2/50 009130104 SIGN NFPA SM FRWKS NO SMOK 730644E 1 EA 0 . 00 1/1 Promotional Supplies WATER CAN EXTINGUISHER 730148 2 EA 0 . 0000 1/1 27736035038 Page No 2 REPRINT - TNT FIREWORKS PACK LIST - REPRINT - Order # : 2492991-S3-00002 Desc/Case Packing Item Selling Suggested CP # Units Sell Price SIGN NFPA SM FRWKS NO SMOKING 730644E 2 EA 0 . 0000 1/1 Case Totals : 16 CS Total Pallets : PL Total Repack Cases : CS DECLARATION OF COMPLIANCE American Promotional Events, Inc . , dba TNT Fireworks, certifies that all consumer fireworks identified on this invoice have been tested by the American Fireworks Standards Laboratory and found to conform with all applicable regulations, standards and bans enforced by the U. S . Consumer Product Safety Commission. Testing and certification for these items complies with rules, standards and bans applicable to consumer fireworks : Performance Standards 16 CFR 1500 . 17 (a) (9) 16 CFR 1500 . 17 (a) (11) 16 CFR 1500 . 17 (a) (12) 16 CFR 1507 Powder Content Bans 16 CFR 1500 . 17 (a) (3) 16 CFR 1500 . 17 (a) (8) 16 CFR 1500 . 85 (a) (2) Cautionary Labeling 16 CFR 1500 . 14 (b) (7) 16 CFR 1500 . 83 (a) (27) Contact information for laboratory that performed conformity testing.American Fireworks Standards Laboratory (AFSL) 7316 Wisconsin Avenue, Suite 214 Bethesda, MD 20814 301-907-9115 afslhq@afsl .org CONTACT INFORMATION FOR INDIVIDUAL MAINTAINING RECORDS ON WHICH DECLARATION IS BASED: NAME: Kathie Pendergrass ADDRESS : 4511 Helton Drive Florence, Alabama 35630 TELEPHONE: 256-764-6131 FAX: 256-767-7200 E-MAIL: pendergrassk@tntfireworks . com. www. tntfireworks . com ATTENTION TARGET STORE *** For all information on TNT Program go on your workbench under keyword "FIREWORKS" . Call 800-243-1189 if you need further assistance . Page No 3 S3-2492991> 4424341541> S3-2492991 TNT Fireworks 4424341541 Bill of Lading - REPRINT SCAC: FXNL PRO # : 4424341541 Shipment # : 325368 Shipper: 22067 Sales Assoc : Chain Stores - East TNT WAREHOUSE - MARION, IN Cust PO # : 912 E 24TH STREET Order # : 2492991 Building #18 RBU: 21367 MARION, IN 46953 Transfer: WLSL Lic # : Sold To: 1410006 Ship To: 1042552 TARGET - CORPORATE 00001 TARGET 0931 PO BOX 1296 2021 MARKET DRIVE MINNEAPOLIS, MN 55440 STILLWATER, MN 55082 SFM # : Phone # : 651-439-0292 Prepaid Shipment Charges Bill To: TNT Fireworks C/O Transportation Insight PO Box 23000 Hickory, NC 28603 DELIVER DATE: 4/23/18 ****** Emergency Response Nbr: (800) 255-3924 Payment Terms : Net 10 Days Contract Number: MIS0006877 HM Description of Articles Weight Shipping # of Cases Class Pieces X UN0336, FIREWORKS 1 .4G 558 LBS 85 9 [X] Blank - DO NOT DELETE 296 LBS Freight 1Cla [X] ss MISCELLANEOUS 44 LBS 85 2 [X] NOVELTIES - NMFC 56290-4 75 LBS 175 4 [X] Totals : 973 LBS 16 Net Explosive Mass : 140 LBS Page No 1- MATERIAL SAFETY DATA SHEET — Consumer Fireworks SECTION 1 —IDENTITY: Consumer Fireworks at Retail Locations Importer's Name American Promotional Events/TNT Fireworks Emergency Telephone Normal Business Hours—800-243-1189 Number After Hours—ChemTel—800-255-3924 Address Corporate Office 4511 Helton Dr. Florence,AL 35630 SECTION 2 -Hazardous Ingredients/Identity Information Consumer fireworks contain various mixtures of oxidizers and fuels,and are designed to burn and produce visible and audible effects when they are caused to ignite by a user.The oxidizers include potassium nitrate,strontium nitrate and potassium perchlorate.Fuels include charcoal,sulfur,starch,and aluminum. All chemical composition is contained within the device,and there should be minimal-to-no exposure to the chemicals under normal conditions of handling of the type typically involved in retail sales operations. The chemical mixtures are stable to temperatures up to at least 250°F,and no ignition of these devices should occur during normal handling,transportation,movement,and storage. A match or other flame or heat source is required to ignite the fuse on the devices in order to cause the devices to operate. SECTION 3-PHYSICAL/CHEMICAL CHARACTERISTICS Boiling Point N/A Specific Gravity(H20=1) N/A Vapor Pressure(mm Hg) N/A Melting Point N/A Vapor Density(AIR=1)N/A Evaporation Rate Butyl Acetate= 1) N/A-All solids Solubility in Water:slight Appearance and Odor:All chemical composition is contained inside a cardboard or other container SECTION 4-FIRE AND EXPLOSION HAZARD DATA Flash Point(Method Used) Ignition temperature exceeds 250°F Flammable Limits N/A—no vapor present LEL N/A UEL N/A Extinguishing Media Water Special Fire Fighting Procedures:Evacuate the area if a fire reaches the fireworks and they begin to burn vigorously.Allow sprinklers to function,if present—they should control the fire.Otherwise,evacuate the area and await arrival of fire fighters. Unusual Fire and Explosion Hazards—Suffocation methods should not be used—the devices contain their own oxygen.Use a strong water flow instead. A fire that has reached consumer fireworks may produce substantial smoke as well as flame,sparks,and burning projectiles. Once consumer fireworks begin burning,all persons must immediately evacuate the area.Only fire fighters wearing appropriate safety equipment should ever consider approaching an area where consumer fireworks are on fire. Remote firefighting methods should be use whenever possible.Where conditions permit,it may be advisable to allow the fireworks to burn to completion—this will greatly simplify clean-up efforts. 1 SECTION 5-REACTIVITY DATA Stability Unstable Conditions to Avoid:Open flames,hot surfaces, Stable X rough handling Incompatibility(Materials to Avoid) none Hazardous Decomposition or Byproducts Considerable smoke may be produced in a fire Hazardous May Occur Conditions to Avoid:N/A Polymerization Will Not Occur X SECTION 6-HEALTH HAZARD DATA Routes of Entry Inhalation N Skin N Ingestion N Health Hazards Health hazards should be minimal—all chemical composition is contained Acute and Chronic) inside sealed devices.If leakage occurs and contact with skin occurs,be sure to wash hands promptly,and before eating or drinking. Carcinogenicity NTP N/A IARC Monographs N/A OSHA Regulated N/A Signs and Symptoms N/A of Exposure Medical Conditions None,except in case of fire.Smoke exposure is then the greatest possible Generally Aggravated concern(in addition to fire). by Exposure Emergency and First Evacuate area if a fire reaches the fireworks.If smoke inhalation occurs,remove Aid Procedures persons to fresh air and contact emergency medical services SECTION 7-PRECAUTIONS FOR SAFE HANDLING AND USE Steps to Be Taken in Cautiously pick up the spilled devices and place them in a marked container. Case Material is Contact your American Promotional/TNT representative for removal Released or Spilled instructions. Waste Disposal Method Contact your American Promotional/TNT representative for disposal information. Precautions to Be Taken Avoid extreme temperatures,open flame and sparks,and rough handling in Handling and Storing Other Precautions Intentional misuse/mischief poses the greatest concern with these devices in a retail setting.Monitor the fireworks display area on an ongoing basis,and keep young children,intoxicated persons,and any time of open flame out of the fireworks area. No smoking is ever permitted near fireworks. SECTION 8- CONTROL MEASURES Respiratory Protection(Specify Type) N/A—no vapor or dust exposure with intact items Ventilation Local Exhaust N/A Special N/A Mechanical(General) N/A Other N/A Protective Gloves—not required for retail sales Eye Protection N/A Other Protective Clothing/Equipment—none required for retail sales Work/Hygienic Practices—wash hands after handling fireworks and before eating or drinking 2 ININ"RKS F'fiE NAY 072018 April 19, 2018 ATTN: STORE MANAGER — Target#0931 It is again that time of the year. A representative of your store needs to contact the city to apply for this season's fireworks sales permit. Enclosed is an application along with all other necessary information and a check for $100 to cover the cost of permitting fees. Please complete the application and contact the City of Stillwater Clerks Office located at 216 N. 4th Stillwater to acquire your permit. The number is 651-430-8802. Please apply for your permit as soon as possible as City Council approval is necessary. We apologize for this inconvenience but feel that strong Fourth of July sales will more than compensate. Thanks for all of your help concerning this matter. If you have any questions, do not hesitate to contact our customer service hotline at 1-800-243-1189. Sincerely, YOKKALQA Chrissie Hamner TNT® Fireworks Assistant Director of Compliance chrissie.hamner(c tntfireworks.com AMERICAN PROMOTIONAL EVENTS, INC. P.O.BOX 1318•4511 HELTON DRIVE•FLORENCE,AL 35630 PHONE(256) 764-6131 •FAX(256) 760-0154 www.tnffireworks.com License No. FW-0003 City of Stillwater 0 County of Washington M,,,,„;"; n,. .Msry,, State of Minnesota PERMIT TO SELL FIREWORKS PRODUCTS AT RETAIL LICENSE IS HEREBY GRANTED TO Target #931 to sell Fireworks Products at retail at 2021 MARKET PLACE in the City of Stillwater in said County and State for the year 2018, subject to the laws of the State of Minnesota and the ordinances of said City of Stillwater pertaining thereto. Dated: 5/10/2018 ATTEST: The City Council of the City of Stillwater Diane F. Ward, City Clerk Ted Kozlowski, Mayor Memorandum TO: FROM: DATE: SUBJECT: Mayor and City Council Diane Ward, City Clerk 5/8/2018 Water Board ReAppointment DISCUSSION: Mr. George Vania's term on the Board of Water Commissioners expires on June 30, 2018. He has completed his second term. Attached is a letter from Robert Benson indicating that Mr. George Vania has expressed his interest in continuing to serve on the board. ACTION REQUIRED: The Board of Water Commissioners has recommended the reappointment of Mr. Speedling and if Council agrees, Council should pass a resolution entitled REAPPOINTMENT OF GEORGE VANIA TO BOARD OF WATER COMMISSIONERS. REAPPOINTMENT OF GEORGE VANIA TO BOARD OF WATER COMMISSIONERS NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, George Vania is hereby reappointed to the Board of Water Commissioners with a term ending June 30, 2021. Adopted by the Stillwater City Council this 15th day of May, 2018 . Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk RESOLUTION 2018-108 BOARD OF WATER COMMISSIONERS RECEIVED 204 North Third Street P.O. Box 242 APR 1 2 201R Stillwater, MN 55082-0242 BY:. ........ Phone: 651-439-6231 • FAX: 651-439-4061 April 11, 2018 Diane Ward 216 4Th St N Stillwater, MN 55082 Dear, Diane George Vania's term on the Board of Water Commissioners expires on June 30, 2018. He has expressed his willingness to again serve on the Board. It is the desire of the Board of Water Commissioners to ask for Mr.Vania's reappointment, as a member of the Board of Water Commissioners. Sincerely, Robert Benson City of Stillwater Board of Water Commissioners Memorandum TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: 05/11/2018 RE: Appointment to Human Rights Commission We advertised for openings on the Human Rights Commission. An application was received from Laura Super to fill the vacancy created by the resignation of Marcella Kelton. Ms. Super was interviewed by the Chair and the Council Representative, who recommend appointment. ACTION REQUIRED: If you agree with the above information, the Council should pass a motion adopting the attached resolution entitled Appointing Member to Human Rights Commission. /nm RESOLUTION 2018-109 APPOINTING MEMBER TO HUMAN RIGHTS COMMISSION NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their May 15, 2018 regular City Council meeting hereby appoints Laura Super to the Human Rights Commission, filling the unexpired term of Marcella Kelton. Ms. Super’s term will end May 1, 2020. Adopted by Stillwater City Council this 15th day of May, 2018. Ted Kozlowski, Mayor ATTEST Diane F. Ward, City Clerk CITY COUNCIL REPORT MEETING DATE: May 10, 2018 CASE NO.: 2018-25 APPLICANT: Anne Stanfield, representing Ecumen LAND OWNERS: 1) Our Savior’s Lutheran Church, 1616 Olive Street West 2) Daniel and Gretchen Smith, 114 Brick Street South REQUEST: Amend the Final Planned Unit Development and Special Use Permit for Ecumen Senior Living Facility LOCATION: 114 Brick Street South and 1616 Olive Street West ZONING: RA – One Family Residential REPORT BY: Bill Turnblad, Community Development Director BACKGROUND On November 7, 2017 the City Council approved the Preliminary and Final Plats, as well and the Final Planned Unit Development (PUD) and the Special Use Permit (SUP) for the Ecumen senior care living facility proposed adjacent to Our Savior’s Lutheran Church on Brick and Olive Streets. The PUD also included a future expansion to the church. The senior care living facility was approved for 145 units: 73 independent units, 36 assisted living units, and 36 memory care units. Subsequently, The Goodman Group has begun construction of their senior care living facility just west of the Ecumen site. And, the options offered to seniors is essentially the same as proposed by Ecumen. As explained in the attached application materials, “In an effort to be complementary rather than directly competitive to this project…, Ecumen would like to amend our project plans removing acute assisted living and memory care units. Ecumen will retain independent living units which will be cooperative owner occupied senior housing with [health and wellness] services developed under Ecumen’s wholly owned subsidiary OneTwoOne Development. Ecumen will retain ongoing management of the building. The revised project would be reduced to a total of 60 units, all of which would be independent living and cooperatively owned. The health and wellness care that will be offered to the residents under the revised project is outlined on Page 3 of the attached narrative. Case 2018-25 Page 2 of 7 SPECIFIC REQUEST The applicant is requesting the City Council to approve amendments to the Special Use Permit and Final Planned Unit Development (Resolution No. 2017-220) which would reduce the total number of senior units to 60. EVALUATION OF REQUEST Building massing & parking - The proposed reduction in number of units would result in a building with a smaller footprint. It would still be a three story building with four sided architecture and the same level of detail and quality exterior materials as the previous building. With the proposed senior cooperative model, and the reduced number of units, the following changes would occur: 1. Emergency vehicle trips to the facility would be reduced. 2. The building separation from the residential neighborhoods to both the east and west would be increased. This can be seen below. The shaded footprint represents the approved building. The colored footprint represents the proposed footprint. a. Nearest Deer Path property line would now be about 167 feet from the building, whereas previously it was about 70 feet. b. Increased setback from wetland. Now there would be no encroachment into the 50 foot wetland buffer. Case 2018-25 Page 3 of 7 3. Impervious surface coverage would be reduced from 35.4% to 31.1%. 4. The entire U-shaped wing adjacent to the Deer Path Neighborhood is eliminated. [See site plan on previous page.] 5. Reduction of on-site staff from 50 FTEs to 2 FTEs. 6. Elimination of commercial kitchen and communal dining room. [A residential kitchen and commons area will still be available.] This eliminates the food service deliveries. 7. Reduced number of required parking spaces because of fewer units and staff. a. The previous plan required 164 parking spaces for the senior facility. b. The current plan requires 112 parking spaces for the senior facility, 60 of which must be covered. c. Together with the church when the church addition is built, 313 spaces will be required for the entire PUD. 324 spaces are to be constructed. d. Therefore the proposed parking more than meets the required number of spaces for the PUD. Use Required parking Proposed parking Church 2171 164 Ecumen 1122 1603 Subtotal 329 324 5% discount for shared parking -16 Total 313 324 In addition, the direct driveway from Brick Street to the church’s east parking lot would be eliminated and combined with the new access to the Ecumen building. 1 When the addition is constructed, a total of 217 spaces will be required. 2 1.5 parking spaces per unit (60 units) = 90 spaces. Plus 1 space for guests for each 3 units = 20 spaces. Plus 1space for each employee = 2. A total of 112. 3 80 in the underground garage. 80 in the surface lots. Case 2018-25 Page 4 of 7 Revised grading and civil engineer plans will need to be reviewed and approved by City Engineer prior to issuance of a grading permit or a building permit. Park Dedication Fee - There is no established park dedication fee in Ordinance 963 for senior living facilities. The most similar fee may be for multiple-family projects, which requires $1,500.00 for each unit. However, the impact of a senior living project and an apartment building are not similar. Therefore, the Park Commission and Council reduced the park fees for this facility to: Unit type Number of units Park usage Standard fee/unit Recommended fee/unit Recommended Total Memory care 36 0% $1,500 $0 $0 Assisted living 35 0% $1,500 $0 $0 Independent living 74 50% $1,500 $750 $55,500 TOTAL $55,500 Now, with only 60 independent units, the total park dedication fee would be $45,000. This fee would be due upon release of the final plat from City Offices for recording at Washington County. Trail Dedication Fee - In addition to the park dedication fee, Ordinance 963 also requires a trail dedication fee if a trail is not to be built and dedicated to the public. As indicated, above, no trail development is proposed or required. As with the park dedication fee, the City Council approved a reduced fee as shown below: Unit type Number of units Trail usage Standard fee/unit Recommended fee/unit Recommended Total Memory care 36 0% $500 $0 $0 Assisted living 35 25% $500 $125 $4,375 Independent living 74 100% $500 $500 $37,000 TOTAL $41,375 With 60 independent units, the total trail fee would now be $30,000. As with the park fee, the trail fee will be due upon release of the final plat from City Offices for recording at Washington County. Case 2018-25 Page 5 of 7 Architectural design – The project site is not located within the Neighborhood Conservation District, the Downtown Design Review District, or the West Business Park. Therefore, no architectural standards are mandated, nor is a review by the Heritage Preservation Commission required. None the less, architectural design is important to the City and its residents. The architectural elevations and exteriors have been submitted and meet or exceed City standards. The applicant has proposed a combination of brick, lap siding, and panel siding on all four sides. Lighting – A lighting plan has been submitted for the freestanding, landscape bollards, and wall sconces and pack lighting improvements. The illumination spillover is held at 0.0 luminaires at all perimeter property lines, which is required. Wall pack lighting will be shielded so that the source of the bulb will not be seen. Cut sheet details have been submitted for each of these exterior fixtures, highlighting both aesthetic considerations as well as glare potential. Mechanical – Most of the HVAC equipment is within the building as Magic-Paks or Package Terminal Air Conditioners (PTACs), self-contained heating and cooling units located in each residential unit. These types of units have flush-mounted venting systems that will be placed on the exterior of the building. The building’s generator will be located near the underground garage access, in an enclosed space. ALTERNATIVES The City Council has several alternatives, which include: 1) Approve the requested amendment by rescinding Resolution No. 2017-220 and replacing it with the attached resolution. 2) Table the request for further information. 3) Deny the requested amendment. RECOMMENDATION Planning staff recommends the first alternative with the following conditions: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department, including those below, except as may be modified by the conditions herein. a. Preliminary Plat 9/13/2017 b. Removals Plan C1. 0 10/27/2017 c. Tree Inventory and Removal Plan 10/6/2017 d. Site Plan C2.0-2.1 10/27/2017 except as modified by 5/9/18 plan set e. Grading Plan C3.0 10/27/2017 f. Utility Plan C4.0 10/27/2017 g. Landscape Plan L1.0- 1. 1 10/27/2017 h. Stormwater Pollution Presentation Plan SW1.0-1. 5 10/27/2017 i. Exterior Building Elevations 10/27/2017 except as modified by 5/9/18 plan set Case 2018-25 Page 6 of 7 j. Garage Level Plans 10/27/2017 k. 1st Floor Plans 10/27/2017 l. 2nd Floor Plans 10/27/2017 m. 3rd Floor Plans 10/27/2017 n. Lighting& Photometrics 9/13/2017 o. Final Plat 9/ 14/ 2017 2. Prior to the release of applicable grading, right-of-way, and/or obstruction permits from the City, applicant will provide a traffic control plan on Brick Street for the applicable utility work. 3. Prior to the release of the Grading Permit from the City, the following shall occur: a. The following plan notes will need to be made: i. Sheet C3.0: 1. Stockpiling will occur outside of wetlands and wetland buffer areas. 2. A layer of wood chips (or other suitable materials) be spread in these areas to help absorb the compressing force of the vehicles on the soil's porosity and reduce mud. These wood chips would be removed by the contractor when progress so dictated. ii. Sheet C4.0: 1. Install erosion control prior to tree removal. 2. Maintain 1. 5' of separation between sewer and water on Brick Street. 3. Only one patch is permitted for the utility area. Patch must be constructed with 2.5" base, 1. 5" wear course, and 6" of class 5 material. 4. Call Stillwater Water Board (at 651- 439-6231) for wet tap on Brick Street. iii. Sheet SW1.1: 1. Install catch basin inlet protection at Brick and Myrtle Streets. b. Plan amendments will need to be made: i. Sheet C2.0 or C3.0: 1. Identification of material storage and worker parking areas away from tree canopies and protected area boundaries. ii. Sheet C4.0: 1. Hydrants will need to reflect a looped design. iii. L1.0 and L1.1: 1. The replacement species must be approved by the City Forester and included in a revised landscaping plan 4. Prior to the release of a Building Permit, the following shall occur: a. Water and sewer hookup charges shall be paid. b. A parking lot striping plan that is in conformance with all subdivision regulations, the Zoning Code, and that meeting all public safety requirements shall be submitted, reviewed and approved. 5. When trees are being removed, industry Best Management Practices are to be followed. Equipment shall not enter protected shoreline zone or wetland buffers, unless noted on the plans; nor disturb any part of thereof with tree removing operations. Case 2018-25 Page 7 of 7 6. When sign permits are requested for each of monument signs, detailed location maps must be submitted with application materials, and all required setbacks from property lines and public right-of-ways will need to be maintained. 7. The fire access lane will need to be flagged after construction and into perpetuity as per the Fire Department's specifications. 8. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. 9. The applicant shall be required to meet any conditions set by Marine –St. Croix Water Management Organization for compliance with the watershed management plan. 10. The Ecumen Stillwater Planned Unit Development Phase approval shall be extended to two years from the date of City Council approval. 11. The easterly 10 feet of Lot 1, Block 1, Ecumen Stillwater/Our Savior' s Lutheran Church must be revised either to show additional platted right-of-way or must be encumbered by an easement to the City of Stillwater for road and utility purposes. This will create 60 feet of width for the road right of way south of West Ramsey Street. 12. Prior to release of the final plat for recording with Washington County, Ecumen must enter into an agreement with the City for payment in lieu of real estate taxes. 13. The total park dedication fee will be $45,000. This fee is due prior to release of the final plat from City Offices for recording at Washington County. 14. The total trail dedication fee will be $30,000. This fee is due prior to release of the final plat from City Offices for recording at Washington County. bt Attachments: Resolution Applicant narrative Revised plan set cc: Anne Stanfield Pastor Dale Stiles Mike Isensee, MSCWMO RESOLUTION 2018- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING THE FINAL PLANNED UNIT DEVELOPMENT AND SPECIAL USE PERMIT FOR A PROJECT KNOWN AS ECUMEN STILLWATER CPC CASE NO. 2018-25 WHEREAS, Anne Stanfield of Ecumen submitted an application for a Final Planned Unit Development and Special Use Permit (CPC Case No. 2017-48) to develop and operate a Senior Living Facility at 114 Brick Street South and 1616 Olive Street West, legally described on Exhibit A; and WHEREAS, on November 7, 2017 the City Council approved the Final Planned Unit Development and Special Use Permit by adopting Resolution No. 2017-220; and WHEREAS, on May 15, 2018 the City Council held a public hearing on a request to amend the Final Planned Unit Development and Special Use Permit (CPC Case No. 2018-25) and found them to be conditionally compatible with the neighborhood and consistent with the City’s Zoning Ordinances, Subdivision Ordinances, and Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby rescinds Resolution 2017-220 and approves the request to amend the Final Planned Unit Development and Special Use Permit for Ecumen Stillwater, with the following conditions: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department, including those below, except as may be modified by the conditions herein. a. Preliminary Plat 9/13/2017 b. Removals Plan C1. 0 10/27/2017 c. Tree Inventory and Removal Plan 10/6/2017 d. Site Plan C2.0-2.1 10/27/2017 except as modified by 5/9/18 plan set e. Grading Plan C3.0 10/27/2017 f. Utility Plan C4.0 10/27/2017 g. Landscape Plan L1.0- 1. 1 10/27/2017 h. Stormwater Pollution Presentation Plan SW1.0-1. 5 10/27/2017 i. Exterior Building Elevations 10/27/2017 except as modified by 5/9/18 plan set j. Garage Level Plans 10/27/2017 k. 1st Floor Plans 10/27/2017 l. 2nd Floor Plans 10/27/2017 m. 3rd Floor Plans 10/27/2017 Case No. 2018-25 Page 2 of 3 n. Lighting& Photometrics 9/13/2017 o. Final Plat 9/ 14/ 2017 2. Prior to the release of applicable grading, right-of-way, and/or obstruction permits from the City, applicant will provide a traffic control plan on Brick Street for the applicable utility work. 3. Prior to the release of the Grading Permit from the City, the following shall occur: a. The following plan notes will need to be made: i. Sheet C3.0: 1. Stockpiling will occur outside of wetlands and wetland buffer areas. 2. A layer of wood chips (or other suitable materials) be spread in these areas to help absorb the compressing force of the vehicles on the soil's porosity and reduce mud. These wood chips would be removed by the contractor when progress so dictated. ii. Sheet C4.0: 1. Install erosion control prior to tree removal. 2. Maintain 1. 5' of separation between sewer and water on Brick Street. 3. Only one patch is permitted for the utility area. Patch must be constructed with 2.5" base, 1. 5" wear course, and 6" of class 5 material. 4. Call Stillwater Water Board (at 651- 439-6231) for wet tap on Brick Street. iii. Sheet SW1.1: 1. Install catch basin inlet protection at Brick and Myrtle Streets. b. Plan amendments will need to be made: i. Sheet C2.0 or C3.0: 1. Identification of material storage and worker parking areas away from tree canopies and protected area boundaries. ii. Sheet C4.0: 1. Hydrants will need to reflect a looped design. iii. L1.0 and L1.1: 1. The replacement species must be approved by the City Forester and included in a revised landscaping plan 4. Prior to the release of a Building Permit, the following shall occur: a. Water and sewer hookup charges shall be paid. b. A parking lot striping plan that is in conformance with all subdivision regulations, the Zoning Code, and that meeting all public safety requirements shall be submitted, reviewed and approved. 5. When trees are being removed, industry Best Management Practices are to be followed. Equipment shall not enter protected shoreline zone or wetland buffers, unless noted on the plans; nor disturb any part of thereof with tree removing operations. 6. When sign permits are requested for each of monument signs, detailed location maps must be submitted with application materials, and all required setbacks from property lines and public right-of-ways will need to be maintained. 7. The fire access lane will need to be flagged after construction and into perpetuity as per the Fire Department's specifications. Case No. 2018-25 Page 3 of 3 8. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. 9. The applicant shall be required to meet any conditions set by Marine –St. Croix Water Management Organization for compliance with the watershed management plan. 10. The Ecumen Stillwater Planned Unit Development Phase approval shall be extended to two years from the date of City Council approval. 11. The easterly 10 feet of Lot 1, Block 1, Ecumen Stillwater/Our Savior' s Lutheran Church must be revised either to show additional platted right-of-way or must be encumbered by an easement to the City of Stillwater for road and utility purposes. This will create 60 feet of width for the road right of way south of West Ramsey Street. 12. Prior to release of the final plat for recording with Washington County, Ecumen must enter into an agreement with the City for payment in lieu of real estate taxes. 13. The total park dedication fee will be $45,000. This fee is due prior to release of the final plat from City Offices for recording at Washington County. 14. The total trail dedication fee will be $30,000. This fee is due prior to release of the final plat from City Offices for recording at Washington County. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of May, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ECUMEN & OUR SAVIOR’S LUTHERAN CHURCH NARRATIVE FOR REQUEST FOR PUD AND SPECIAL USE PERMIT MODIFICATION FOR ECUMEN SENIOR LIVING CARE FACILITY STILLWATER, MN April 20, 2018 ECUMEN & OUR SAVIOR’S LUTHERAN CHURCH / Request for PUD and Special Use Permit Modifications 1 INTRODUCTION / REQUEST Ecumen and Our Savior’s Lutheran Church (OSLC) request amendments to the Final PUD (CPC Case No. 2017-25) and Special Use Permit (CPC Case No. 2017-07) to allow for building and operational plan changes to the Senior Living Care Facility and Church Expansion approved on 15.0 acres at 1616 West Olive Street and 114 Brick Street. The request includes: 1) Special Use Permit Amendment (SUP) Ecumen is requesting an amendment to the approved SUP, which allows for Senior Living Care Facility in the RA zone, to include to senior cooperative housing with services. The proposed project revision eliminates the higher acuity assisted living and memory care units while retaining independent living with services units. The overall unit count is reduced from 145 housing units that included 73 independent units, 36 assisted living units and 36 memory care units to 60 units of cooperative, owner occupied senior housing with services. 2) PUD Amendment Ecumen and Our Savior’s Lutheran Church are requesting an amendment the approved PUD for revisions to the senior living care facility building and site plan resulting from the reduced unit count and change in unit mix. Changes include reduced building footprint, reduced parking count, increased open space, setbacks from adjacent residential neighbors and wetland buffer. PROJECT BACKGROUND Ecumen, a leading national non-profit senior housing provider, was approached by OSLC after the adjacent property owner inquired about OSLC’s interest in purchasing their land. The OSLC board considered senior housing to be a good fit as a potential future use of the site as such a community would be an extension of OLSC’s commitment to service and would create great synergies. OSLC was aware of Ecumen’s 150+ year history of serving those in need and believed Ecumen would be an ideal partner to realize an expansion of the Church campus to include housing for seniors in Stillwater. Based in Shoreview, Ecumen operates in 37 cities and 7 states, with the majority of its communities in Minnesota. Dedicated to empowering individuals to lead richer, fuller lives, Ecumen prides itself on innovation and radically changing the way aging is viewed and understood. As a long-term owner and operator of its communities, including locations in MN which have been under ownership for over 100 years, Ecumen is committed to enhancing the broader communities in which it operates. OSLC also has a 150+ year history, all within the City of Stillwater. The Church was established in Stillwater and has served this community from its inception. OSLC has been at 1616 Olive Street since 1961. The OSLC congregation is currently comprised of approximately 900 members, the majority of which are Stillwater residents. Given this unique opportunity to partner with OSLC, Ecumen has entered into contracts with OSLC and the KLBB property owner to purchase land. The goal of this partnership is to create a project that enhances the community with a building that complements the Church and adjacent homes and by providing a new home for Stillwater’s seniors, a segment of the population that is currently underserved with limited housing options. The Ecumen project Final PUD and Special Use Permit for a 145 unit senior housing building was approved 11/7/17. Since Ecumen’s final approvals in the Fall of 2017 the Goodman Group’s senior project, The Lakes at Stillwater, has commenced construction on 139 units of need driven senior housing next to Rutherford Elementary School. In an effort to be complementary rather than directly competitive to this project for the success of all and ECUMEN & OUR SAVIOR’S LUTHERAN CHURCH / Request for PUD and Special Use Permit Modifications 2 benefit to community, Ecumen would like to amend our project plans removing acute assisted living and memory care units. We will retain independent 60 senior living units which will be cooperative owner occupied senior housing with services developed under Ecumen’s wholly owned subsidiary OneTwoOne Development. Ecumen will retain ongoing management of the building on behalf of its owners and all building staff will be employed by Ecumen. PROJECT MODIFICATION DETAILS Cooperative senior housing will not significantly modify the conditions of the SUP previously granted, as the amended plan is substantially similar to the approved project. Additionally, circumstances have changed since the time of our approval. The Goodman Group has since commenced construction on and is scheduled to open a building very similar to that which was previously approved (both are roughly 140 unit buildings offering Independent, Assisted and Memory Care living) next year. In an effort to offer more diverse senior living care housing options within Stillwater, Ecumen is proposing to develop cooperative senior housing. The proposed senior cooperative housing offers an alternative type of senior living care facility to meet a wider range of housing needs for Stillwater’s senior population. Currently, Stillwater has 228 nursing home beds which serve individuals with acute medical need. Next year, Goodman Group will open 139 units of combined memory care, assisted living and independent living rental housing, which will serve a range of need and care levels for seniors within one building. Ecumen’s proposed cooperative senior housing will allow residents an ownership option within a community designed and programmed to provide residents with care and security to maximize health, safety and overall wellbeing. As with the approved project, the proposed senior living cooperative for residents 62+ supports individuals and couples with a range of healthcare needs from independent living through end of life. If a resident’s health needs change while residing in the cooperative, Ecumen will allow residents to age in place when possible by offering Home Care and Hospice services. Wellness – physical, social and intellectual - is critical to the health of seniors. Ecumen’s cooperative housing provides a wide variety of programming and environments, both indoors and out, to support wellness. The new building will retain common spaces available to residents and Church members including a gym, lounges for social gathering, and activity rooms for larger group meetings and programs. In this design all residents will have full kitchens in their units; therefore a community room with a residential kitchen for large group events / meals will be provided in place of a commercial kitchen and designated communal dining areas. There will be direct pedestrian connections to the Church which will facilitate safe passage between the two buildings and encourage intergenerational engagement between the residents of the cooperative building, the Church’s congregation, youth ministry and daycare. A focus on wellness and intergenerational engagement extends to the site design as well. Ecumen will provide walking paths that connect to the city’s existing walking trails, an outdoor picnic area, park benches, and an open field for larger group recreation and gatherings. These amenities will serve the residents of Ecumen’s building and the 900 members of the Church as well. The revised campus and building design coupled with the rich programming and quality community management will facilitate active and healthy lifestyles for seniors in Stillwater, bolster residents’ physical and psychological health and enhance their engagement with the community. ECUMEN & OUR SAVIOR’S LUTHERAN CHURCH / Request for PUD and Special Use Permit Modifications 3 A summary of care provided at the approved and revised project follows below: Care Services Approved Project Proposed Modified Project Spiritual Care Provided by Ecumen and Our Savior’s Lutheran Church Provided by Ecumen and Our Savior’s Lutheran Church Wellness – Physical • Onsite gym • Exercise classes • Walking trails • Onsite gym • Exercise classes • Walking trails Wellness – Socialization • Common areas in building for formal / informal activities and gatherings • Weekly social programs / events provided • Intergenerational programming in partnership with Our Savior’s Lutheran Church and onsite daycare • Common areas in building for formal / informal activities and gatherings • Weekly social programs / events provided • Intergenerational programming in partnership with Our Savior’s Lutheran Church and onsite daycare Wellness – Intellectual Educational programming provided Educational programming provided Unit / Building Care All site, building and unit maintence and services included All site, building and unit maintence and services included Healthcare Services Onsite, 24-hour staff Home Care and Hospice as needed Dining Services Onsite dining included for Memory Care and Assisted Living with service from Commercial Kitchen Community room with residential kitchen for gatherings / entertainment. No commercial kitchen. Physical Safety / Security • Secured building • Underground parking • Units designed for universal needs (i.e. low thresholds on showers, easy to grip pulls / fittings, wide hallways) • 24-hour onsite staff • Secured building • Underground parking • Units designed for universal needs (i.e. low thresholds on showers, easy to grip pulls / fittings, wide hallways) SITE / BUILDING DESIGN CONSIDERATIONS Eliminating the acute care reduces the overall building footprint, eliminating the extension on the Deer Path side of the property. This will be a benefit to adjacent neighbors and the community as it preserves views and increases green space. The building is also located further away from the existing wetlands on the site, increasing the wetland buffer. Site Access - No changes Site access will be off of Brick Street and will align with Ramsey Street; this will result in a standard 4-way street intersection. Zoning Requirements All dimensional standards for the new building are in compliance with the requirement in the RA zone. Additionally, all PUD requirements are met for both the new planned Senior Living Care Facility and the future expansion at OSLC. ECUMEN & OUR SAVIOR’S LUTHERAN CHURCH / Request for PUD and Special Use Permit Modifications 4 Maximum Lot Coverage Approved Ecumen Building 55,160 s.f. Revised Ecumen Building 34,339 s.f. Existing OSLC Church Building 31,645 s.f. Approved Ecumen Impervious (Paving) 68,677 s.f. Revised Ecumen Impervious (Paving) 60,885 s.f. Existing OSLC Impervious (after sale) 76,728 s.f. APPROVED TOTAL IMPERVIOUS (BUILDINGS/PAVING) 232,210 s.f. REVISED TOTAL IMPERVIOUS (BUILINGS/PAVING) 203,597 s.f. Existing PUD Site Size (Ecumen & OSLC) 654,852 s.f. (15.03 acres) MAX IMPERVIOUS (BUILDING + PAVING) ALLOWED = 50% in PUD APPROVED TOTAL IMPERVIOUS (BUILDING + PAVING) BOTH SITES = 35.4% REVISED TOTAL IMPERVIOUS (BUILDING + PAVING) BOTH SITES = 31.1% *If the church were to expand, the total impervious between the both sites considered in this PUD application would increase to 32.6%. (1.5% increase from existing church property after sale + proposed Ecumen property). Maximum Building Height Ecumen Building 35’ allowed 33’-4” approved (no change) Setbacks The proposed building meets all setback requirements for the RA zone and PUD. The revised reduced building footprint creates a 50’ buffer from the wetlands on the north part which is greater than the wetland buffer from the approved building. To the west, the revised building footprint is set back a minimum of 166’-11” to the property line to maximize the distance between the building and adjacent properties. This is an increase from the approved project setback of 69’-5” from the western property line. Residential Design This project is appropriate for the site as the building is residential in character and in the way it functions (e.g. it is not an office building, industrial use, etc.). Residential building materials including brick and cement fiber board lap and panel siding will be used to complement OSLC’s brick facades and the adjacent, lap sided single family homes. The revised project will incorporate screened in decks. Landscape We will retain all existing healthy trees on site and will plant additional trees and landscaping throughout the site to provide screening and enhance the visual appeal. We will plant a combination of fast growing deciduous and coniferous trees on the west side of the site to maximize screening impact to adjacent homes year round. We will maintain the existing walking path at the west side of the property as this is valuable amenity to the neighborhood, the senior residents, and the Church community. The revised project will increase large, green open spaces between the senior living building and the Church as well as on the north side of the senior living building to create outdoor spaces for gathering and recreation to be used by both the Church and residents. ECUMEN & OUR SAVIOR’S LUTHERAN CHURCH / Request for PUD and Special Use Permit Modifications 5 Parking The revised project reduces overall parking on the Ecumen site by 4 stalls from 164 to 160. There will be 80 surface stalls and 80 stalls in the below grade secure garage. This provides adequate parking for residents, staff and visitors. The surface parking will remain connected by a drive aisle to the Church’s existing south parking lot and will function as overflow parking for OSLC. Surface parking counts from the approved design are largely maintained to provide sufficient onsite parking for all church events, including holidays, and to meet the needs of the Church’s future expansion. Ecumen and OSLC will prepare mutual parking agreements and access easements. See attached parking analysis with total site stall counts including the Church. TRAFFIC IMPACT With the reduction in staff from 50 FTEs to 2 FTEs and units from 145 to 60, the overall traffic impact at the site will be greatly reduced. While a Traffic Impact Study was completed by SRF for our original submission concluded that “no significant approach delays or queuing issues were observed in the traffic simulation” as a result of our project, we understand this did not wholly mitigate concerns about traffic at adjacent interactions. As such we see the revised staffing and density as a benefit to traffic and safety concerns. Additionally, programmatic changes including the omission of the commercial kitchen and acute care units will also reduce frequency of deliveries to the site and emergency vehicles, respectively. PROJECT BENEFITS Supports the Goals of Stillwater’s Comprehensive Plan Within Chapter 4 (Housing) of the Comprehensive Plan, Goals 1 and 2 call for “…planning for a range of new housing opportunities” and “providing a balanced choice of housing types and densities, suitable to a wide range of demographic groups, with a focus on life cycle housing.” The objectives of this chapter also support development of higher density infill, encouragement of housing for a range of age levels, and use of the planned unit development process for reviewing innovative development concepts and protecting natural resource areas. Provides Housing Options Seniors to Stay in Stillwater Currently the residents of Stillwater do not have many senior living options in the community in which they live, and often move to adjacent communities for this type of housing opportunity. Market demand for this type of community, regardless of where it is located, often demonstrates that most residents come from a fairly small radius around the building, as residents want to stay close to their friends and family and the city amenities that they enjoy. Based on a 2015 Census Bureau American Community Survey Data, seniors occupy 23% (or 1,275) of the single family homes in Stillwater. As seniors move out of their homes into a senior living building, their former homes are opened up for new families moving to the area. Addresses Market Need / Demand 65+ population in the market area, which includes Stillwater and adjacent communities, is projected to grow over 30% in the next 5 years. By 2021, Stillwater’s senior population will increase by approximately 1,500 bringing the total senior population in Stillwater to over 3,700 residents. Currently, there are only 228 nursing home beds in Stillwater to support this population and no options for Active Adult, Independent Living with some services, Assisted Living or Memory Care in the City of Stillwater. While options are available in Oak Park Heights, Oakdale, Mahtomedi, Woodbury, and White Bear Lake there is a gap within Stillwater of providing a variety of housing ECUMEN & OUR SAVIOR’S LUTHERAN CHURCH / Request for PUD and Special Use Permit Modifications 6 options for an aging population. This project addresses this gap and demand in Stillwater for owner occupied senior housing with services while not being directly competitive but complementary to the Goodman Group project that is under construction. Brick Street S.My r t l e S t r e e t W . Senior Housing Cooperative (3-Story, 60 Units; 80 u.g. parking stalls) New Infiltration Pond New Infiltration Pond 50’ Wetland Buffer Wetland Boundary Site Parking (80 stalls) Monument Sign ‘Grasspave’ Fire Access Lane Loading Zone Walkway and Lawn Area adjacent to Existing Playground Existing Bituminous Walking Path Crosswalk Crosswalk Resident Community Patio STILLWATER - SENIOR LIVING COOPERATIVE scale: 1” = 80’ 4/20/2018 Relocated Gaga Pit OLIVE ST WBIRCHWOOD DR NMYRTLEWOOD CTDEER PATHDEER PA T H C T RAMSEY ST W SUNNY SLOPE LN GROVE ST SBRICK ST SM Y R T L E S T W WETLAND POND TRAFFIC STREET ALIGNMENT CAR + PEDESTRIAN TRAFFIC SINGLE-FAMILY HOMES BUILDING FOOTPRINT 3-STORY CHURCH CONNECTION WALKING PATH INFILTRATION BASIN GREENSPACE: COMMUNITY GARDENS, GATHERING AND LAWN AREA SITE SECTION - LOOKING EASTN OUR SAVIOR’S LUTHERAN CHURCH STILLWATER SENIOR HOUSING 33’-6” BUILDING HEIGHT 34’ BUILDING HEIGHT NO CHANGE FROM PRIOR-APPROVED PUD COMPARED TO THE MINOR MODIFICATION REQUEST BIRD’S EYE - LOOKING EAST CHANGE FROM PRIOR-APPROVED PUD COMPARED TO THE MINOR MODIFICATION REQUEST (ELIMINATION OF THE HIGH-ACUITY A.L./M.C. ELEMENT) BIRD’S EYE - LOOKING WEST CHANGE FROM PRIOR-APPROVED PUD COMPARED TO THE MINOR MODIFICATION REQUEST (ELIMINATION OF THE HIGH-ACUITY A.L./M.C. ELEMENT) CORNER OF W MYRTLE ST + BRICK ST S NO CHANGE FROM PRIOR-APPROVED PUD COMPARED TO THE MINOR MODIFICATION REQUEST ENTRY CHANGE FROM PRIOR-APPROVED PUD COMPARED TO THE MINOR MODIFICATION REQUEST (REALIGNMENT OF MAIN ENTRY TO FIT THE REVISED (REDUCED) FOOTPRINT) CITY OF STILLWATER, MINNESOTA NOTICE OF PUBLIC HEARING WITH RESPECT TO GRANTING HOST APPROVAL TO THE ISSUANCE OF REVENUE OBLIGATIONS TO FINANCE A MULTIFAMILY HOUSING DEVELOPMENT LOCATED IN THE CITY OF STILLWATER, IN ACCORDANCE WITH THE PROVISIONS OF MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; AND APPROVING · A HOUSING " ·PROGRAM -FOR · THE MULTIFAMILY HOUSING DEVELOPMENT NOTICE IS HEREBY GNEN that the City Council of the City of Stillwater, a home rule city of the State of Minnesota (the "City"), will hold a public hearing on Tuesday, May 15, 2018, on or after 7:00 p.m. at City Hall, 216 4th Street North, in the City on a proposal to approve the issuance of revenue bonds or other obligations (the "Obligations") by: the City of Bethel, a statutory city of the State of Minn~sota ("Bethel"), in an aggregate principal amount not to exceed $35,000,000 to finance a senior housing development to be located in the City. The Obligations will be issued in one or more series under Minnesota Statutes, Chapter 462C, as amended (the "Housing Act"), to finance a multifamily rental housing development for seniors to be located at 107 Bridgewater Way in the City. The proceeds derived from the sale of the Obligations are proposed to be applied to make a loan (the "Loan") to The Lodge at Stillwater, LLC, a Delaware nonprofit limited liability company (the "Borrower"), the sole member of which is ILHC of Stillwater, LLC, a Delaware limited liability company (the "Parent Company"). The current member of the Parent Company is Intergenerational Living & Health Care, Inc., a Minnesota nonprofit corporation. (The Goodman Family Operating Foundation, a Minnesota nonprofit corporation may be admitted as an additional member of the Parent Company.) The proceeds of the Loan are proposed to be applied by the Borrower to the following: (i) the acquisition, construction and equipping of an approximately 139-unit senior housing facility comprised of approximately 59 independent-living units, approximately 32 assisted-living units, approximately 32 memory-care units, and approximately 16 acute-care units (the "Project"); (ii) the funding of one or more reserve funds to secure the timely payment of the Obligations; (iii) the payment of a portion of the interest on the Obligations; and (iv) the payment of a portion of the costs of issuing the Obligations. The Project will be owned and operated by the Borrower. The Project will be managed by The Goodman Group, LLC, a Minnesota limited liability company. Following the public hearing, the City Council will consider the adoption of a resolution: (i) approving a Housing Program with respect to the Project prepared in accordance with the requirements of the Housing Act, (ii) approving a Cooperation Agreement between the City and Bethel pursuant to which the City will authorize Bethel to issue the Obligations to finance the Project; and (iii) granting host approval to the issuance of the Obligations. The combined original aggregate principal amount of the Obligations will not exceed $35,000,000 . The Obligations will be issued by Bethel and will constitute limited obligations of Bethel payable solely from the revenues expressly pledged to the payment thereof, and will not constitute general obligations of the City or of Bethel, and will not be secured by any taxing powers of the City or of Bethel, nor any assets or property of the City. A copy of the Housing Program has been submitted to the Metropolitan Council as required by the terms of the Housing Act and is on file in the offices of the Finance Director of the City. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Written comments will be considered if submitted to the attention of the Finance Director on or before the date of the public hearing. Dated April 27, 2018 BY ORDER OF THE CITY OF STILLWATER To be published in the Stillwater Gazette. 1 RESOLUTION NO. ___________ CITY OF STILLWATER, MINNESOTA APPROVING THE ISSUANCE BY THE CITY OF BETHEL OF REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, TO FINANCE THE COSTS OF A SENIOR HOUSING DEVELOPMENT TO BE CONSTRUCTED IN THE CITY OF STILLWATER TO BE OWNED AND OPERATED BY THE LODGE AT STILLWATER, LLC; APPROVING A HOUSING PROGRAM WITH RESPECT THERETO; AND TAKING CERTAIN OTHER ACTIONS WHEREAS, the City of Stillwater (the “City”) is a home rule city duly organized and existing under the Constitution and laws of the State of Minnesota. WHEREAS, in accordance with the terms of Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), the cities of the State of Minnesota are authorized to issue revenue bonds or other obligations to finance multifamily housing developments. WHEREAS, each city of the State of Minnesota is authorized to issue obligations to finance the acquisition or improvement of real property located outside of the corporate boundaries of the city if the property or properties constituting a single project is located in another city and the governing body of such other city consents, by resolution, to the issuance of obligations by the city. WHEREAS, under the requirements of Section 462.03 of the Housing Act, the City is required to prepare a housing program with respect to each multifamily housing development to be financed under the Housing Act, and a public hearing must be held on each housing program after publication of a notice of public hearing in a newspaper of general circulation in the City at least fifteen (15) days before the date of the public hearing. WHEREAS, The Lodge at Stillwater, LLC, a Delaware limited liability Borrower (the “Borrower”), the sole member of which is ILHC of Stillwater, LLC, a Delaware limited liability company (the “Parent Company”), has proposed the issuance of revenue bonds by the City of Bethel, a statutory city of the State of Minnesota (“City of Bethel”), in the aggregate principal amount not to exceed $35,000,000 (the “Revenue Bonds”), pursuant to the Housing Act, a resolution of the City Council of the City of Bethel, and the terms and conditions of an Indenture of Trust, dated on or after June 1, 2018 (the “Indenture”), between the City of Bethel and U.S. Bank National Association, as trustee. The proceeds of the Revenue Bonds will be applied to make a loan (the “Loan”) by the City of Bethel to the Borrower under the terms and conditions of a Loan Agreement, dated on or after June 1, 2018 (the “Loan Agreement”), between the City of Bethel and the Borrower, to be applied by the Borrower to: (i) finance the costs to the Borrower of the acquisition, construction, and equipping of an approximately 139-unit senior housing facility comprised of approximately 59 independent-living units, approximately 32 assisted-living units, approximately 32 memory-care units, and approximately 16 care suites to be located at 107 Bridgewater Way in the City (the “Project”); (ii) the funding of one or more reserve funds to secure the timely payment of the Revenue Bonds; (iii) the payment of a portion of the interest on the Revenue Bonds; and (iv) the payment of a portion of the costs of issuing the Revenue Bonds. WHEREAS, the Borrower has requested that the City consent to the issuance of the Revenue Bonds by the City of Bethel. 2 WHEREAS, a Cooperation Agreement to be dated on or after June 1, 2018 (the “Cooperation Agreement”), between the City and the City of Bethel, has been submitted to the City and the City of Bethel for their review and approval. WHEREAS, in accordance with the requirements of Section 462C.04, subdivision 2, of the Housing Act, a housing program with respect to the Project (the “Housing Program”) was prepared in accordance with the requirements of the Housing Act and was submitted to the Metropolitan Council for its review and comments on or before the date the notice of public hearing was published. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and regulations promulgated thereunder, require that prior to the issuance of the Revenue Bonds as tax- exempt bonds the interest on which is not includable in gross income for federal income tax purposes, this City Council must approve the issuance of the Revenue Bonds by the City of Bethel after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in a newspaper of general circulation at least fourteen (14) days prior to the public hearing date. WHEREAS, pursuant to the Housing Act and the Code, a notice of public hearing in the form required by the Housing Act and Section 147(f) of the Code was published in the Stillwater Gazette, the official newspaper of the City and a newspaper of general circulation in the City on Friday, April 27, 2018. WHEREAS, the Revenue Bonds and the interest on the Revenue Bonds: (i) shall not constitute general or moral obligations of the City or the City of Bethel and shall be payable solely from the revenues pledged therefor; (ii) shall not constitute a debt of the City or the City of Bethel within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or the City of Bethel or a charge against their respective general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City. NOW, THEREFORE, BE IT RESOLVED THAT: 1. On Tuesday, May 15, 2018, the City Council conducted a public hearing with respect to the proposal that the City grant host approval to the City of Bethel to undertake and finance the Project under the terms of the Housing Program and with respect to the issuance of the Revenue Bonds, as requested by the Borrower, and in accordance with the terms of the Housing Act and Minnesota Statutes, Section 471.565, as amended. A notice of the public hearing, in the form required by the Housing Act and by Section 147(f) of the Code (and applicable regulations promulgated thereunder), was published once in a newspaper of general circulation in the City at least fifteen (15) days prior to the date of the public hearing. 2. The City hereby grants host approval to the issuance of the Revenue Bonds by the City of Bethel for the purposes referenced in this resolution and in an aggregate principal amount not to exceed $35,000,000. The Revenue Bonds shall not constitute a pecuniary liability or charge, lien, or encumbrance, legal or equitable, upon any funds, assets, taxing powers, or any other property of the City. The Revenue Bonds, when, as, and if issued, shall recite in substance that the Revenue Bonds, including interest thereon, are payable solely from the revenues received in accordance with the terms of the Loan Agreement and other property and security pledged to the payment thereof under the terms of the Indenture, and shall not constitute a general or moral obligation of the City. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. The purchasers and owners of the Revenue Bonds shall never have the right to compel any exercise of the 3 taxing power of the City to pay the outstanding principal of the Revenue Bonds, or the interest thereon or to enforce payment thereof against any property of the City. 3. It is hereby found and determined that the Project furthers the purposes set forth in the Housing Act and the Project constitutes a “multifamily housing development” within the meaning of Section 462C.02, subdivision 5, of the Act. 4. The Cooperation Agreement is hereby approved and the Mayor and the Administrator are authorized to execute and deliver the Cooperation Agreement in the form now on file with the City, with such amendments as are approved by the Mayor and the Administrator. 5. The preparation of the Housing Program and the submission of the Housing Program to the Metropolitan Council for its review and comment are hereby ratified and approved. The Housing Program is hereby approved without amendment. 6. The Borrower shall reimburse the City for costs paid or incurred by the City in connection with this resolution and the Cooperation Agreement whether or not the financing of the Project is carried to completion, and whether or not the Revenue Bonds or operative instruments are executed and delivered. 7. This Resolution shall be in full force and effect from and after its passage. (The remainder of this page is intentionally left blank.) 4 Adopted by the City Council of the City of Stillwater, Minnesota, this May 15, 2018. CITY OF STILLWATER, MINNESOTA Mayor ATTEST: BE250-015 (JU) 521016v.2 -1- COOPERATION AGREEMENT This Cooperation Agreement, dated as of June 1, 2018 (the “Cooperation Agreement”), is made by and between the City of Stillwater, a home rule city of the State of Minnesota (“Stillwater”), and the City Bethel, a statutory city of the State of Minnesota (“Bethel”). RECITALS WHEREAS, Bethel is a municipal corporation and a “city,” as defined in Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), with the power thereunder to issue bonds and loan the proceeds thereof for certain multifamily housing developments; and WHEREAS, Minnesota Statutes, Section 462C.14, subdivision 3, as amended, Minnesota Statues, Section 471.59, as amended, and Minnesota Statutes, Section 471.656, as amended (collectively, the “Cooperation Act”), provide that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and that the agreement between such governmental units may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating governmental unit; and WHEREAS, a city may issue obligations to finance the acquisition or improvement of real property located outside the corporate boundaries of the issuer if the real property is located in a city and the governing body of such city consents, by resolution, to the issuance of such obligations; and WHEREAS, The Lodge at Stillwater, LLC, a Delaware limited liability company (the “Borrower”), the sole member of which is ILHC of Stillwater, LLC, a Delaware limited liability company (the “Parent Company”), has requested that Bethel issue revenue bonds (as hereinafter defined, the “Revenue Bonds”), in calendar year 2018, in one or more series, in a total aggregate principal amount not to exceed $35,000,000 under the Housing Act to finance a loan to the Borrower to be used to finance: (i) the costs of the acquisition, construction, and equipping of an approximately 139-unit senior living facility, comprised of approximately 59 independent-living units, approximately 32 assisted-living units, approximately 32 memory-care units, and approximately 16 care suites (the “Project”), to be located at 107 Bridgewater Way in Stillwater; (ii) the funding of one or more reserve funds to secure the timely payment of the Revenue Bonds; (iii) the payment of a portion of the interest on the Revenue Bonds; and (iv) the payment of a portion of the costs of issuing the Revenue Bonds; and WHEREAS, the governing body of Stillwater and the governing body of Bethel have consented to the issuance of the Revenue Bonds as contemplated herein. NOW, THEREFORE, the parties hereto hereby agree as follows: 1. In order to finance the costs of the Project, Bethel shall issue its Senior Housing Revenue Bonds (The Lodge at the Lakes at Stillwater Project), Series 2018 (the “Revenue Bonds”), in the aggregate principal amount not to exceed $35,000,000, under the terms of the Housing Act, the terms and conditions of a resolution adopted by the City Council of Bethel, and the terms and conditions of an Indenture of Trust, dated on or after June 1, 2018 (the “Indenture”), between Bethel and a trustee to be selected by the Borrower. The proceeds of the Revenue Bonds will be applied to make a loan (the “Loan”) to the Borrower under the terms and conditions of a Loan Agreement, dated on or after June 1, 2018 (the “Loan Agreement”), between Bethel and the Borrower. The Borrower will apply the proceeds of the Loan to payment of the costs of the Project. -2- 2. A housing program prepared in accordance with the terms of the Housing Act on behalf of Stillwater and Bethel (the “Housing Program”) has been submitted to the Metropolitan Council for its review in accordance with the terms of the Housing Act. The Housing Program has been approved by the City Council of Bethel following a public hearing held thereon by the Bethel City Council, all in accordance with the Housing Act. The Housing Program has been approved by the City Council of Stillwater following a public hearing held thereon by the Stillwater City Council, all in accordance with the Housing Act. 3. Except to the extent specifically provided herein, Stillwater and Bethel shall not incur any obligations or liabilities to each other as a result of the issuance of the Revenue Bonds or the use by the Borrower of the Project. 4. The liability of Stillwater and Bethel with respect to the Revenue Bonds shall be limited as provided in the Housing Act. The Revenue Bonds shall be special, limited obligations of the Bethel payable solely from proceeds, revenues, and other amounts pledged thereto and more fully described in the Revenue Bonds, the Indenture, and the resolutions authorizing their issuance, sale, and delivery. The Revenue Bonds and the interest thereon shall neither constitute nor give rise to a pecuniary liability, general or moral obligation, or a pledge of the full faith and credit of Stillwater or Bethel. 5. All costs incurred by Stillwater and Bethel in the authorization, execution, delivery, and performance of this Cooperation Agreement shall be paid by the Borrower out of proceeds of the Revenue Bonds or other funds legally available to the Borrower. 6. This Cooperation Agreement may not be terminated by either party so long as any Revenue Bonds are outstanding. 7. This Cooperation Agreement may be amended by Stillwater and Bethel at any time. No amendment may impair the rights of the holders of the respective Revenue Bonds, unless the holders have consented to such amendment in the manner provided for in the Indenture. 8. This Cooperation Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same Cooperation Agreement. (The remainder of this page is intentionally left blank.) S-1 In witness whereof, duly authorized officers of Stillwater and Bethel have executed this Cooperation Agreement as of the date set forth above. Execution page of the City of Stillwater to the Cooperation Agreement. CITY OF STILLWATER By Mayor By City Administrator S-2 Execution page of the City of Bethel to the Cooperation Agreement. CITY OF BETHEL By Mayor By City Clerk BE250-015 (JU) 521017v.2 1 HOUSING PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT THE LODGE AT THE LAKES AT STILLWATER City of Stillwater City of Bethel Section A. The Project, the Cities, and the Revenue Bonds. Pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), cities and other political subdivisions of the State of Minnesota are authorized to carry out the public purposes described therein and contemplated thereby in the financing of multifamily housing developments by issuing revenue bonds or obligations to defray, in whole or in part, the development costs of a multifamily housing development, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue bonds or obligations. A multifamily housing development financed under the Housing Act may consist of a multifamily housing development combined with a new or existing health care facility if: (i) the multifamily housing development is designed and intended to be used for rental occupancy; (ii) the multifamily housing development is designed and intended to be used primarily by elderly or physically handicapped persons; and (iii) nursing, medical, personal care, and other health-related, assisted-living services are available to the residents on a 24-hour basis in the multifamily housing development. Cities and other political subdivisions of the State of Minnesota are authorized to issue obligations to finance the acquisition or improvement of real property located outside of the corporate boundaries of such cities or other political subdivisions if the property or properties constituting a single project is located in a city and the governing body of such city consents, by resolution, to the issuance of obligations by the other cities or other political subdivisions. The Lodge at Stillwater, LLC, a Delaware limited liability company (the “Borrower”), the sole member of which is ILHC of Stillwater, LLC, a Delaware limited liability company (the “Parent Company”), has requested the participation of the City of Stillwater, a home rule city of the State of Minnesota (the “City of Stillwater”) and the City of Bethel, a statutory city of the State of Minnesota (the “City of Bethel”), in the financing of a portion of the cost of the construction and equipping of an approximately 139-unit senior housing facility comprised of approximately 59 independent-living units, approximately 32 assisted-living units, approximately 32 memory-care units, and approximately 16 acute-care units (the “Project”). The Project will be owned and operated by the Borrower and will be located at 107 Bridgewater Way in the City of Stillwater. The Project will be managed by The Goodman Group, LLC, a Minnesota limited liability company. The City of Bethel is authorized and empowered, pursuant to the Housing Act, with the consent and authorization of the City of Stillwater, to carry out the public purposes described in the Housing Act to finance, in whole or in part, the costs of acquisition, construction, reconstruction, improvement, betterment, or extension of the Project. At the request of the Borrower, the City of Stillwater and the City of Bethel propose to enter into a Cooperation Agreement, dated on or after June 1, 2018 (the “Cooperation Agreement”), pursuant to the provisions and conditions of Minnesota Statues, Section 471.656, as amended, and Minnesota Statutes, Section 471.59, as amended. Under the terms of the Cooperation Agreement, the City of Stillwater will consent to the issuance of revenue bonds by the City of Bethel to finance the costs of acquisition, construction, reconstruction, improvement, betterment, and extension of the Project. 2 In accordance with the requirements of Section 462C.04 of the Housing Act, as a condition to the issuance of revenue bonds or obligations under the Housing Act to finance the Project, a housing program must be prepared and approved with respect to the Project and the revenue bonds or obligations proposed to be issued to finance the Project and the housing program must be submitted to the Metropolitan Council for review and comment. In accordance with the requirements of Section 462C.04, subdivision 2, of the Housing Act, the City of Stillwater must: (i) establish a date for a public hearing with respect to this Housing Program for a Multifamily Housing Development—The Lodge at the Lakes at Stillwater (“Housing Program”) and the proposal that the City of Bethel issue revenue bonds or obligations pursuant to the terms of the Housing Program to finance the Project; (ii) publish a notice of a public hearing in a newspaper of general circulation in the City of Stillwater at least fifteen (15) days prior to the date established by the City of Stillwater for the public hearing; and (iii) conduct the public hearing with respect to the Housing Program and the proposal of the City of Bethel to issue revenue bonds (“Revenue Bonds”) pursuant to the terms of the Housing Program and the Housing Act to finance the Project. In accordance with the requirements of Section 462C.04, subdivision 2, of the Housing Act, the City of Bethel must: (i) establish a date for a public hearing with respect to the Housing Program and the proposal that the City of Bethel issue the Revenue Bonds pursuant to the terms of the Housing Program to finance the Project; (ii) publish a notice of a public hearing in a newspaper of general circulation in the City of Bethel at least fifteen (15) days prior to the date established by the City of Bethel for the public hearing; and (iii) conduct the public hearing with respect to the Housing Program and the proposal that the City of Bethel issue the Revenue Bonds pursuant to the terms of the Housing Program and the Housing Act to finance the Project. This Housing Program is proposed to be undertaken by the City of Stillwater and the City of Bethel at the request of the Borrower with respect to the Project in accordance with the terms of the Housing Act. The Project will be owned by the Borrower. The representations herein are based entirely on representations or other information provided to City of Stillwater and the City of Bethel by or on behalf of the Borrower. Neither the City of Stillwater nor the City of Bethel has independently investigated the accuracy of the representations of the Borrower. The total cost of the Project will be approximately $43,000,000. The Revenue Bonds proposed to be issued by the City of Bethel under the Housing Act are expected to be issued in a single series in the principal amount not to exceed $35,000,000. The City of Bethel will conduct a public hearing with respect to the proposed issuance of the Revenue Bonds to finance the Project. The Revenue Bonds are expected to be issued on or after June 1, 2018, under the terms and conditions of a resolution to be adopted by the City Council of the City of Bethel and an Indenture of Trust, dated on or after June 1, 2018 (the “Indenture”). The proceeds derived from the sale of the Revenue Bonds are proposed to be applied to make a loan to the Borrower (the “Loan”) under the terms and conditions of a Loan Agreement, dated on or after June 1, 2018 (the “Loan Agreement”), between the City of Bethel and the Borrower. The proceeds of the Loan will be applied to the payment of the costs of the acquisition, construction, and equipping of the Project. The proceeds of the Loan may also be applied to fund one or more reserves, pay a portion of the interest on the Revenue Bonds, and pay a portion of the costs of issuing the Revenue Bonds. The Borrower will agree to make loan repayments under the terms of the Loan Agreement (the “Loan Repayments”) in amounts sufficient to pay the principal of, premium, if any, and interest on the Revenue Bonds when due. Additional security will be provided by the Borrower to secure the timely payment of the debt service on the Revenue Bonds, including a mortgage lien on and a security interest in the Project. The estimated cost of financing the 3 Project and the estimated principal amount of the Revenue Bonds may change between the date of approval of this Housing Program and the date of issuance of the Revenue Bonds. Prior to the issuance of the Revenue Bonds, the City Council of the City of Stillwater will consider a resolution approving the issuance of the Revenue Bonds by the City of Bethel. In determining to assist in approving the financing for the Project, the City of Stillwater has considered the information available, including information concerning the population, housing stock and economic climate of the City of Stillwater and has determined that cooperating in the issuance of the Revenue Bonds by the City of Bethel is in the best interests of the City of Stillwater and will further the public health, safety, and welfare of the people of the City of Stillwater. Section B. Housing Program. The City of Stillwater is establishing this Housing Program to assist in financing the Project at a cost and upon such other terms and conditions as may be determined by the City of Bethel in accordance with the Housing Act. The Revenue Bonds will be secured by the Loan Repayments to be made by the Borrower under the terms of the Loan Agreement. The obligations of the Borrower to make the Loan Repayments under the Loan Agreement may be secured by a mortgage lien on the land and buildings comprising the Project, by a pledge of the leases and rents to be derived from the Project, by a security interest in the fixtures and equipment financed as a part of the Project, or such other security as may be required by the purchasers of the Revenue Bonds. If agreed to by the purchasers of the Revenue Bonds and the Borrower, the Loan Repayments may also be secured by one or more guaranty agreements of the Borrower or related parties. In the event the revenues and other security pledged to the payment of the Loan Repayments are not sufficient to pay the principal of, premium, if any, and interest on the Revenue Bonds when due, the owners of the Revenue Bonds will bear the loss. The Revenue Bonds will not constitute general or more obligations of the City of Stillwater or the City of Bethel, will not be secured by the taxing powers of the City of Stillwater or the City of Bethel, will not be secured by any property of the City of Stillwater, and will not be secured by any property of the City of Bethel, except the interests of the City of Bethel in the Loan Agreement. The Revenue Bonds will be special, limited obligations of the City of Bethel. The Revenue Bonds will not be issued in whole or in part by the City of Stillwater. Section C. Local Contributions to the Housing Program. The issuance of tax-exempt obligations for the Project is expected to allow the City of Bethel to finance the Project at a lower interest cost than is otherwise available. The City of Bethel believes that the reduced financing cost will enhance the feasibility of the Project and result in lower rental rates for use of the Project than might otherwise be charged. Section D. Standards and Requirements Relating to the Financing of the Project Pursuant to the Housing Program. The following standards and requirements shall apply with respect to the operation of the Project: (1) Substantially all of the proceeds of the Revenue Bonds will be applied to the financing of the costs of the Project, the funding of reserves, the payment of a portion of the interest on the Revenue Bonds, and the payment of a portion of the costs of issuance of the Revenue Bonds. The resolution authorizing the issuance of the Revenue Bonds and approval of the Indenture and the Loan Agreement pursuant to which the proceeds of the Revenue Bonds are to be loaned to the Borrower will include certain covenants to be made by the City of Bethel and 4 the Borrower regarding the use of proceeds, and by the Borrower regarding the character and use of the Project. (2) The Borrower will covenant that it will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) The dwelling units of the Project will be occupied by, or held for occupancy by, elderly persons. (4) The Project is intended to be a “multifamily housing development” as defined in Section 462C.02 of the Housing Act. A trustee and a title insurance company will be retained to monitor the disbursements of the proceeds of the Revenue Bonds to ensure that the Housing Program will be implemented consistent with the requirements of this Housing Program and its objectives. Section E. Severability. The provisions of this Housing Program are severable, and if any of its provisions, sentences, clauses, or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City of Stillwater or the City of Bethel, or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section F. Amendment. Neither the City of Stillwater nor the City of Bethel shall amend this Housing Program while the Revenue Bonds are outstanding, to the detriment of the holders of such obligations. The City of Stillwater or the City of Bethel may amend this Housing Program, to the extent authorized by law and the contractual obligations of the City of Stillwater and the City of Bethel, to the extent the City of Stillwater or the City of Bethel deems such amendment to be in the best interests of the City of Stillwater and the City of Bethel, the Project, and the purchasers and owners of the Revenue Bonds. Section G. State Ceiling. The Revenue Bonds shall be issued as “qualified 501(c)(3) bonds” pursuant to Section 145 of the Internal Revenue Code of 1986, as amended, the interest on which is not includable in gross income for federal income tax purposes and which is not includable in taxable net income for individuals, estates, and trusts for State of Minnesota income tax purposes (subject to certain qualifications). None of the state ceiling for private activity bonds is required to be allocated to the Revenue Bonds. BE250-015 (JU) 521015v.1 DATE: May 9, 2018 CASE NO.: 2017-68 APPLICANT: Michael McGrath, DBA 1815 Greeley, LLC, property owner REQUEST: Request to reconsider denial of a Zoning Text Amendment to allow limited retail sales in the BP – I Zoning District PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Michael McGrath, 1815 Greeley, LLC, applied for a Zoning Text Amendment to allow for the continued use of a tenant space in 1815 Greeley Street South as a retail store. The property is zoned BP-I, Business Park – Industrial, which only allows for retail sales of products manufactured on-site. The business in question does not qualify for this allowance. So, the building owner is asking to allow limited retail sales of products not manufactured on-site. On February 20th the Council denied the ordinance request. Due to misunderstanding or miscommunication, neither the property owner nor his representative were at the Council meeting on February 20th. Therefore, they have requested that the City Council reconsider the ordinance amendment so the property owner can be present at the hearing. COMMENTS If the Council is willing to reconsider the ordinance, staff will schedule a hearing for the next possible Council meeting. Attachments: Applicant’s letter Planning Report bt April 26, 2018 To whom it may concern: We have received a notice that our request has been denied for a Zoning Text Amendment to allow limited retail sales in BP-1 Zoning District by Special Use Permit. CPC Case No. 2017-68. I attended a Planning Commission meeting on Wednesday January 10th and this case was approved to move on to the Council. We had a communication mix up between myself (Tim Sauro) and the property owner Mr. Mike McGrath. I didn’t realize this case was already set to be heard at the council meeting on January 30th, 2018. It is our request that the Council reconsider this case based on the outstanding track record of the property owner for the last 20 years along with the original request letter you received from Mike McGrath on December 13,2017. Thank You, Tim Sauro 612-328-0227 tsauro@mgmcgrath.com MEETING DATE: February 20, 2018 CASE NO.: 2017-68 APPLICANT: Michael McGrath, DBA 1815 Greeley, LLC, property owner REQUEST: Request for a Zoning Text Amendment to allow limited retail sales in the BP – I Zoning District by Special Use Permit PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Michael McGrath, 1815 Greeley, LLC, has applied for a Zoning Text Amendment to allow for the continued use of a tenant space in 1815 Greeley Street South as a retail store. The property is zoned BP-I, Business Park – Industrial, which only allows for retail sales of products manufactured on-site. The business in question does not qualify for this allowance. So, the building owner is asking to allow limited retail sales of products not manufactured on-site. On January 30th the Council approved the first reading of this ordinance with the note that the limited retail in this request should be combined with the current allowance for retail sales of products manufactured on the site. SPECIFIC REQUEST The City Council is asked to consider approving the second reading and adopting the ordinance. COMMENTS The attached ordinance reflects the Council’s requested language change. Attachments: Ordinance Planning Commission minutes (excerpt) Planning Report bt ORDINANCE NO. ___________ AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 31-325, ALLOWABLE USES IN NON-RESIDENTIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Purpose. The purpose of this Ordinance is allow for limited retail uses by Special Use Permit in the BP-I (Business Park Industrial) District. 1. Amending. Stillwater City Code Section 31-325, Allowable uses in residential districts, is amended as follows: ALLOWABLE USES ZONING DISTRICTS BP-I Retail General retail business uses or service; local and regional market SUP19 19 Either one or the other of the following scenarios applies, not both. A) If the retail sales are limited to products manufactured on the site, then up to 20 percent of a building’s floor area may be used for retail purposes. B) If all of the products offered for retail sale are not produced on site, then a total of only 10% of a building’s floor area, or 4,000 square feet, whichever is less, may be dedicated to general retail sales. 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to the law. Adopted by the City Council of the City of Stillwater this 20th day of February, 2018. CITY OF STILLWATER ______________________________ Ted Kozlowski, Mayor ATTEST: _______________________________ Diane F. Ward, City Clerk PLANNING COMMISSION MEETING MINUTES January 10, 2018 [Not yet adopted by Planning Commission] REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:01 p.m. Present: Chairman Collins, Commissioners Fletcher, Hade, Hansen, Kocon, Lauer and Siess; Councilmember Menikheim Absent: None Staff: Community Development Director Turnblad, City Planner Wittman [EXCERPT INCLUDES MINUTES ONLY FOR CASE 2017-68) Case No. 2017-68: Zoning Text Amendment (ZAT) to allow retail uses in the BP-I District by Special Use Permit for the property located at 1815 Greeley Street South. Michael McGrath property owner. Community Development Director Turnblad explained that Michael McGrath, doing business as 1815 Greeley, LLC, has applied for a Zoning Text Amendment (ZAT) to allow for limited retail uses to be permitted by Special Use Permit in the BP – I Business Park Industrial zoning district. If the ZAT were approved, he would then proceed with the SUP process for the Commission’s consideration of a retail store not exceeding 10% of the total floor area of the existing building he owns, located at 1815 Greeley Street South. Staff finds that the preservation of industrial-zoned properties for industrial use is in the public interest, but that allowing retail space of no greater than 10% of an industrial building’s total area by SUP, up to 4,000 square feet, would not significantly change the nature of the industrial building. Additionally, staff finds that allowing limited retail of this nature would help to satisfy a demand for retail space while still preserving the majority of industrial-zoned properties for industrial use. Staff finds the proposed ZAT is not in general conflict with the principles, policies, and land use designations set forth in the Comprehensive Plan. Therefore, staff would recommend the Planning Commission forward a recommendation of approval to the City Council. Commissioner Kocon pointed out the issue in this case involves a relative or complementary use. He questioned whether it should be a requirement that the retail use be related to the industrial use. Mr. Turnblad it could be required that the retail use be associated with another use on site and not be the only use. Commissioner Fletcher remarked she doesn’t see the need to be more restrictive because the SUP application will come to the Commission. Commissioner Siess pointed out that industrial use occupies a fairly small percentage of property in Stillwater. She does not favor allowing retail because retail may go in several other zoning districts. Commissioner Kocon agreed, adding that if the industrial use goes away, the commercial use would likely go away too and there would logically then be a new industrial application for some other use. Tim Sauro stated he works for Mike McGrath. The use that occupies the building now is similar to what they had last 15 years with Roof Depot. Sew With Me is doing repairs on equipment and not a lot of retail customers come in to buy supplies, so they feel it’s similar to what has been there. It’s only 3,000 square feet of finished space. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Commissioner Siess noted that the experience of the senior living ZAT near Our Saviors Church showed her that the ZAT process is a slippery slope. The industrial section in the City is extremely small and creates a lot of revenue, and there are other areas for retail in Stillwater. She feels this is not what the industrial zone was designed for. Motion by Commissioner Hansen, seconded by Commissioner Hade, to recommend that the City Council approve Case No. 2017-68, ZAT to allow retail uses in the BP-I District by SUP for the property located at 1815 Greeley Street South, modifying the recommended approval to state “allowing for retail space of no greater than 10% of the total building area or 4,000 square feet, whichever is less.” Motion passed 6-1, with Commissioner Siess voting nay. PLANNING REPORT MEETING DATE: January 10, 2018 CASE NO.: 2017-68 APPLICANT: Michael McGrath, DBA 1815 Greeley, LLC, property owner REQUEST: Request for a Zoning Text Amendment (ZAT) to allow for limited retail uses to be located in the BP – I Business Park Industrial Zoning District by Special Use Permit ZONING: BP – I Business Park Industrial COMP PLAN DISTRICT: I - Industrial PREPARED BY: Erik Olson-Williams, Zoning Administrator/Assistant Planner APPLICANT REQUEST Michael McGrath, doing business as 1815 Greeley, LLC, has applied for a Zoning Text Amendment (ZAT) to allow for limited retail uses to be permitted by Special Use Permit in the BP – I Business Park Industrial zoning district. If the Zoning Text Amendment were approved, he would then proceed with the Special Use Permit process for the Commission’s consideration of a retail store not exceeding 10% of the total floor area of the existing building he owns, located at 1815 Greeley Street South. While the applicant has provided a specific plan for the future use of the aforementioned parcel, this is not for the Commission’s consideration at this time. The application before the Commission is whether or not limited retail uses should be permitted by Special Use Permit on all BP – I Business Park Industrial zoned parcels. APPLICABLE REGULATIONS Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when: Public necessity, general community welfare and good zoning practice permit the amendment; and The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Case No. 2017-32 CPC: 08/09/2017 Page 2 of 3 STAFF ANALYSIS Existing Zoning Code Provision In determining whether a proposed use will fit within a zoning district, the Commission should first be aware that the proposed use will need to conform to all provisions of the underlying BP – I Business Park Industrial zoning district. It should additionally be noted that as the applicant has proposed retail uses to be permitted by Special Use Permit, this would allow for individual review of each new retail space in a Planning Commission public hearing prior to the approval of the new development. Therefore, if the ZAT was approved, the Commission would still have site-specific development review and opportunities for public input would occur. The BP – I Industrial Zoning District is a commercial district which currently allows for only retail sales of products manufactured on-site by Special Use Permit. Permitted uses in this district are intentionally limited. Aside from uses of an industrial nature, only general, financial and medical offices are permitted within the BP – I Zoning District. In addition to retail sales of products manufactured on-site, cultural amenities and government facilities are allowed by Special Use Permit. Many of the City’s commercial zoning districts, such as the General Commercial (CA), Central Business District (CBD), and Business Park - Commercial (BP – C) Zoning Districts allow for most forms of retail. Approximately 6.5% of the City’s land area is currently occupied by commercial uses compatible with these Zoning Districts. Comprehensive Plan: Land Use and Density The purpose of the Comprehensive Plan Chapter 2, Land Use, is to “designate lands appropriately located for a range of residential uses, neighborhood, commercial, light industrial, parks and open spaces on the land use map.” Per this chapter of the Comprehensive Plan, areas guided for Industrial use are not intended to be used for retail purposes. Land Use also indicates that industrial uses make up only 0.40% of the City’s land. Hastings and Anoka, two cities used as comparables by the Comprehensive Plan, have approximately 4.40% and 11.40% of their lands dedicated to industrial uses, respectively. So, the loss of any of the industrially used space is significant. That said, if only 10% of the building space in an industrial property is converted to a retail use, the property is still predominantly industrial. PROPOSED TEXT AMENDMENT Sec. 31-325. – Allowable uses in non-residential districts ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS Retail space of no greater than 10% of the total building area SUP Case No. 2017-32 CPC: 08/09/2017 Page 3 of 3 ALTERNATIVES, FINDINGS, AND RECOMMENDATION The Planning Commission has the following options available to them: 1. Recommend that the City Council approve Zoning Text Amendment 2017-68 allowing for retail space of no greater than 10% of the total building area in the BP – I Industrial Zoning District. 2. Recommend that the City Council deny the requested ordinance amendment. 3. Table consideration for more information. Staff finds that the preservation of industrial-zoned properties for industrial use is in the public interest, but that allowing retail space of no greater than 10% of an industrial building’s total area would not significantly change the nature of the industrial building. Additionally, staff finds that allowing limited retail of this nature would help to satisfy a demand for retail space while still preserving the majority of industrial-zoned properties for industrial use. Staff further finds the proposed 2017-68 zoning text amendment is not in general conflict with the principles, policies, and land use designations set forth in the comprehensive plan. Therefore, staff would recommend the Planning Commission forward a recommendation of approval to the City Council. ATTACHMENTS Zoning Map Applicant Narrative Request Zoning District AP: Agricultural Preservation LR: Lakeshore Residential CTR: Cove Traditional Residential RA: One Family Residential TR: Traditional Residential CCR: Cove Cottage Residential RB: Two Family Residential CR: Cottage Residential TH: Townhouse Residential CTHR: Cove Townhouse Residential RCM: Medium Density Residential RCH: High Density Residential CBD: Central Business District VC: Village Commercial CA: Commercial BPC: Business Park Commercial BPO: Busness Park Office BPI: Business Park Industrial CRD: Campus Research Development PA: Public Administration PWF: Public Works Facility PROS: Parks, Recreation and Open Space 1,000 0 1,000 2,000500 Feet µ Surface Water Lakes Rivers Urban Features Municipal Boundary Road Centerline ROW July, 2017 COUNTY ROAD 64 80T H 77TH STREET NORTH 75TH STREET N O R T H EBEN COURTC S A H 15EBEN WAYEBEN COURTGREEN EBENEBEN COURTROADREUNIONSTAPLES PL WAYGADIENT SAWYERPLACEDELANO WAYDELANO COURTBERGMANN DRDRIVEBERGMANN TIMBER WAYTRAILJUDD DDUJ T AR I LC S A H 15C S A H 15C S A H 15PLACESTALOCH62ND STREET NORTH SETTLERS AVEGREENMCDOUGALBA R O N S W A YROADREUNION ILO WAYBOULEVARDLEGENDAVENUESETTLERSDELA N O D R R O A DRUTHERFORD R U T H E R F O R D BLVD.PIONEERROAD RUT GREENFIELDSSUMMER PIONEER P LACE PLACEPIONEER L IBER TY P A R K W A Y GREEN FARM HILL WAYHOMEWARDAV E HERITA G E WAYHOMEWARDS TR E E T NORTH ME L V I L L E C O U R T NORT H 75TH STREET NORTH C S A H 12 C S A H 15SCHOO L H O U S E CI R C L E PARKWAYPI O N E E R HE R I T A G E C T HERITAGE CTGREEN HOMESTEAD GREEN KINSHIP LIBERTY ADELINET R A I LNEWMAN TRAILNEWMANHE R I T A G E C T AVEN U E GREEN LIBERTYPLACE HARVEST GREEN COUNTRYROAD TENDING GREENPLANTINGGREEN COUNTRYSETTLER'S WAYENGLA N D P L A C E SETTLER'S WAYLI B E R T Y PARKWAYTALLPINE TRAIL LIBERTY AVENUEMANNING AVENUEMANNING AVENUEMANNING AVENUEMARYLANE AVENUE NORTHMCKUSICK ROAD NORTHCOUNTY ROAD 64 MANNING AVENUE NORTHC S A H 15C S A H 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REGARDING: HPC Case No. 2017-38 Reconsideration Request PREPARED BY: Abbi Jo Wittman, City Planner In December, 2017, the Heritage Preservation Commission (HPC) considered a request from Midnight Real Estate Group for a Design Permit modification to the Crosby Hotel, located at 232 Main Street North. The request was for second and third floor balconies on the Main Street façade. Citing the fact that full depth balconies that protrude beyond the front façade of a structure are not a traditional element found on Stillwater’s Main Street, and that the design would alter the essential character of the neighborhood, the HPC granted a partial request for 1’ deep, “Juliette” style balconies. No appeal was made within the 10-day appeal period as governed by City Code Section 31-217. The applicant has requested the HPC’s reconsideration of the originally proposed modification to allow for the full depth balconies. However, their request comes to the City within one year of the HPC’s decision. Therefore, City Attorney Magnuson has advised the Council may determine if the HPC may reconsider this request within one year of the original denial. Therefore, staff is requesting the Council discuss whether or not they would like to waive the requirements of City Code Section 31-204, Subd. 9 to allow for Midnight Real Estate Group to resubmit a Design Permit request for the consideration of full-depth second and third story balconies at 232 Main Street North within one year of a denial of such request. TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: May 9, 2018 RE: Maple Island Brewery – Bands for the Brave event INTRO Doug Kotulski of HOOAH, Inc has made application for permission to sponsor an event at Maple Island Brewery. The owner of the brewery has given consent for the event to occur in his parking lot. The event is known as Bands for the Brave, which raises money for HOOAH (Helping Out Our American Heroes) who uses the money to help prevent suicide amongst military veterans. Since the event will be held entirely on private property, a special event permit is not necessary. But, Council permission is still required to hold the outdoor event. Outdoor entertainment on private property downtown is normally allowed by Special Use Permit. Though, the City Council can approve a “one time … event not occurring on a regular basis” without going through the entire Special Use Permit process1. Therefore, the City Council is requested to review and approve the Bands for the Brave event. COMMENTS In 2015 the City Council set the policy that a downtown business can hold two events on their private property each year before they would need to make application for a Special Use Permit. This is the second request for an outside event in 2018 on the Maple Island Brewery property. An event has already been approved by the City Council for the property on July 4th. The event is scheduled for Saturday, September 7, 2018. As seen in the attached application form, the event would offer live music (outdoor from 2 PM to 10 PM), a beer trailer, merchandise and a food vendor. Setup would occur on Friday, September 7th and clean up would occur on Sunday September 9th. ACTION REQUIRED The City Council should consider the request and pass a motion to approve or deny. bt Attachments: Application form Site layout 1 City Code Sec 31-325, footnote 8. AGENDA: Cities of Bayport, Oak Park Heights and Stillwater Joint Worksession 6:00 PM May 24th, 2018 LOCATION: City of Oak Park Heights City Hall -Council Chambers 14168 Oak Park Blvd. N. 1. OPENING OF MEETING -Bayport, Oak Park Heights, Stillwater 2. General Opening Remarks by Mayors 3. Summary of Current and Past Joint Efforts 4. Local Transportation Issues and Updates 5. Trail-way Connections along St. Croix River 6. SCRC (Bridge) Community Impacts and Opportunities 7. Collaborative Tourism Opportunities 8. Recreation Dome Repairs. 9. Adjourn