HomeMy WebLinkAbout2018-07-03 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
REVISED AGENDA
CITY COUNCIL MEETING
July 3, 2018
REGULAR MEETING 4:30 P.M.
RECESSED MEETING 7:00 P.M.
4:30 P.M. AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. GreenStep Cities discussion
2. Insurance Workgroup Update and possible approval of resolutions for Employee Basic Life
Insurance Policy and Employee Ancillary Insurances (2 Resolutions – Roll Call)
3. Recommendation on City Attorney Civil & Prosecutorial Services (2 Resolutions – Roll Call)
IV. STAFF REPORTS
4. Police Chief
5. Fire Chief
6. City Clerk
7. Community Development Dir.
8. Public Works Dir.
9. Finance Director
10. City Attorney
11. City Administrator
7:00 P.M. AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
12. Possible approval of the June 19, 2018 regular meeting minutes and January 26, 2018 Special
Meeting minutes (next meeting).
IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
X. OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not
a part of the meeting agenda. The Council may take action or reply at the time of the statement
or may give direction to staff regarding investigation of the concerns expressed. Out of respect
for others in attendance, please limit your comments to 5 minutes or less.
XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be
routine by the city council AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO
SEPARATE DISCUSSION ON THESE ITEMS UNLESS A COUNCIL MEMBER OR CITIZEN SO REQUESTS,
IN WHICH EVENT, THE ITEMS WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
13. Resolution 2018-137, directing payment of bills
14. Resolution 2018-138, resolution for State Grant Assistance for St. Croix Riverbank Restoration and
Walkway
15. Resolution 2018-139, approval of access agreement (barge use) agreement with Kraemer
Construction
16. Resolution 2018-140, appointment of Jonathan Baller to the Traffic Safety Committee
17. Possible approval of final contract language of 2018 Lumberjack Days Agreement
18. Resolution 2018-141, resolution approving cash donations
XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
19. Case 2017-68. This is the date and time for a public hearing to reconsider a request by Michael
McGrath, property owner for the reconsideration of a Zoning Text Amendment to allow retail use in
the BP-I district by Special Use Permit for the property located at 1815 Greeley St S in the BP-I
District. PID3303020320003. Notices were mailed to affected property owners and published in the
Stillwater Gazette on May 25, 2018. (Tabled from June 19, 2018 meeting).
20. Case 2018-29. This is the date and time for a public hearing to consider a request by Craig
Wahlquist, property owner and Dan Thurmes, applicant to approve a Preliminary Plat and Zoning
Classification Amendment that would rezone and subdivide the single lot into three lots. Property
located at 7990 Neal Ave N in the AP district. PID 3003020110007. Notices were mailed to affected
property owners and published in the Stillwater Gazette on June 1, 2018. (Ordinance – 1st Reading
- Resolution – Roll Call)
21. Case 2018-27. This is the date and time to consider a request by Bill Turnblad, representing the
City of Stillwater, for a Zoning Ordinance Amendment that would allow outside events in the PA,
Public Administration/Institutional Zoning District by Special Use Permit. Also, if the Ordinance is
approved, consider a Special Use permit for the Stillwater Public Library to hold outside events.
Property located at 224 3rd St N in the. PID 2803020130151. Notices mailed to affected property
owners and published in the Stillwater Gazette on June 1, 2018. (Ordinance – 1st reading – Roll Call)
22. Case 2018-14. This is the date and time for 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 31-512: 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. Notice was published in the Stillwater Gazette on
March 30, 2018. (1st Reading of Ordinance – Roll Call) (Tabled from June 5, 20218 meeting).
XIII. UNFINISHED BUSINESS
23. Possible approval of the second reading an ordinance amending Chapter 30 of the City Code, entitled
Garbage and Rubbish and adoption of resolution amending Resolution 2018-022, 2018 fee schedule
for licensing of haulers and providers of roll off containers (Ordinance – 2nd Reading & Resolution -
Roll Call)
24. Request by Forge & Foundry Distillery request for a Special Use Permit in the Old Armory. Referred
by Planning Commission. (Tabled from June 5, 2018 meeting.)
25. Discussion on Mills on Main commercial garage
26. Possible approval of bids for the 3rd Street Improvement project (Resolution – Roll Call)
XIV. NEW BUSINESS
27. Possible approval of Old Armory parking agreement (Resolution – Roll Call)
28. Request by Washington County to waive parking reservation fee for 3rd Street reconstruction project
29. Possible approval of resolution authorizing transfer and possession by “Quick Take”
(Resolution – Roll Call)
XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XVI. COMMUNICATIONS/REQUESTS
XVII. COUNCIL REQUEST ITEMS
XVIII. STAFF REPORTS (CONTINUED)
XIX. ADJOURNMENT
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City of Stillwater Event Line up:
THE BIRTHPLACE OF MIWWESOTA
St. Croix Jazz Orchestra at Pioneer Park from 7:00—9:00 PM.
Civil War Cannons from Battery I, 1st US Calvary at Mulberry Point in Lowell Park.
Bands at the Pedestrian Plaza area in Lowell Park from 6:30-9:45 PM. Scott Holt—blues/rock,Amanda Watkins&Cal
Ecker,country.
Fireworks by RES Specialty Pyrotechnics over the St. Croix River at dusk(after 10 PM).
With generous sponsorship support from:
Gold Sponsor — CUB Foods
Silver Sponsors —Xcel Energy
- Margaret Rivers Foundation
Bronze Sponsors—Lift Bridge Brewery
- DBD Partners (Water Street Inn)
- P.D. Pappy's
-St. Croix Boat&Packet
- Kwik Trip ad)
Parking Information: Parking Lot 2/Closed
Parking Lot 4/Closed
Parking Lot 5/Closed
Parking Lot 9/Closed CELEBRATING
Scan down for Parking map
Handicapped Parking: Parking Lot 8b North East corner off of Mulberry Street
Parking Lot 3 East of Water Street Inn EST. 1968
Scan down for Parking map
Rain date: July 5, 2018 YEARS !
Margaret Rivers „wit.
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Foundation Xcel Energy* cT "'> '"/ .4Y�' $ i i'�' i, WI KY/X TRIP,
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TO: Mayor and City Council Members
FROM: Tom McCarty, City Administrator
DATE: June 29, 2018
SUBJECT: Employee Voluntary Ancillary Insurance Policies
BACKGROUND
In order to determine competitive price comparisons, the City’s Labor-Management Insurance Work
Group, with the assistance of CBIZ, the City’s insurance consultant, solicited bid proposals from the market
for employee voluntary life and accidental death and dismemberment insurance, voluntary short term
disability and voluntary long term disability insurance. Its current agency provider, Ochs, Inc., responded,
as did AFLAC, Integrity Benefits LLC, Mutual of Omaha and Unum.
The City evaluated proposals and determined Lincoln Financial, the carrier underwriting the policy as part
of the NJPA trust represented by Integrity Benefits, LLC proposal was in the best interest of the City. Its
voluntary life insurance plan offers a new supplemental life plan for employee/spouse and children, and
offers savings on voluntary short term and long term disability plans. An open enrollment process will be
established for city employees and any employee with an existing policy will be able to transfer to the new
policy provider
Therefore, the City recommends accepting Integrity Benefits LLC proposal for employee voluntary life and
accidental death and dismemberment insurance, voluntary short term disability and voluntary long term
disability insurance effective September 1, 2018.
RECOMMENDATION
Staff recommends adoption of the resolution entitled, “Approving Integrity Benefit LLC’s Proposal for
Employee Voluntary Ancillary Insurance Policies Effective September 1, 2018.”
APPROVING INTEGRITY BENEFIT LLC’S PROPOSAL FOR EMPLOYEE VOLUNTARY
ANCILLARY INSURANCE POLICIES EFFECTIVE SEPTEMBER 1, 2018
WHEREAS, the City of Stillwater Labor-Management Insurance Work Group has
spent the past six months reviewing the current voluntary ancillary insurance products
available to City employees; and,
WHEREAS, in order to review the insurance market for competitive pricing for
voluntary ancillary insurance products for City employees, the Insurance Work Group
involved CBIZ, the City’s insurance consultant to assist in developing an RFP for voluntary
ancillary employee insurance products; and,
WHEREAS, responses to the RFP for voluntary ancillary employee insurance
products were evaluated and the top firms were interviewed by the Insurance Work
Group; and
WHEREAS, based upon an evaluation of the proposals and quotes received in
response to the RFP, and interviews with the top firms, the Insurance Work Group
recommends that the City Council accept the proposal from Lincoln Financial, the carrier
underwriting the policy as part of the National Joint Powers Alliance (NJPA) represented
by Integrity Benefits, LLC, for provision of life and accidental death and dismemberment
insurance, voluntary short term disability and voluntary long term disability insurance.
NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, Minnesota,
that the City accept Integrity Benefit LLC’s proposal for employee voluntary life and
accidental death and dismemberment insurance, voluntary short term disability and
voluntary long term disability insurance ancillary insurance policies effective September
1, 2018.
BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor
and City Clerk to sign the agreement.
Adopted by the City Council of the City of Stillwater this 3rd day of July, 2018.
_______________________________________
Ted Kozlowski, Mayor
ATTEST:
_______________________________________
Diane F. Ward, City Clerk
TO: Mayor and City Council Members
FROM: Tom McCarty, City Administrator
DATE: June 29, 2018
SUBJECT: Provision of Civil Legal Services for City of Stillwater
BACKGROUND
Due to City Attorney Dave Magnuson’s effective retirement date of July 31, 2018, the City issued
an RFP on May 22, 2018 for provision of Civil Legal Services for the City of Stillwater. The City
received seven proposals from law firms in the region with annual retainer costs varying from
$16,500 - $90,000. A Selection Committee, consisting of Mayor Kozlowski, Council Member
Weidner, the Chief of Police, Community Development Director, Public Works Director, City
Clerk, IT Manager and City Administrator, evaluated proposals, conducted interviews with the top
firms and determined that the proposal submitted by LeVander, Gillen & Miller P.A. for civil legal
services with an annual retainer of $75,000 for three years best meets the standards of the RFP and
is the best interest of the City.
The Selection Committee recommends accepting the proposal of LeVander, Gillen & Miller P.A.
for the provision of civil legal services for the City effective August 1, 2018 and further
recommends a transition period agreement with LeVander, Gillen & Miller P.A. from July 16 –
July 31, 2018 to allow for communication and meetings with appropriate staff regarding current
files, projects and protocols that may need to be reviewed prior to the effective start date of August
1, 2018. Once the Council has formally accepted the proposal for civil legal services, the City
Administrator can work with LeVander, Gillen & Miller P.A. to finalize contract agreement
language for signature by Mayor.
RECOMMENDATION
Staff recommends adoption of the resolution entitled, “Accepting the Proposal of LeVander, Gillen
& Miller P.A. for Provision of Civil Legal Services for the City of Stillwater Effective August 1,
2018.”
CITY OF STILLWATER Proposal for Civil Legal
216 N. 4TH STREET, STILLWATER, MN 55082 Services
1 certify that I have personaly opened and read all bids, -._
verified this, abstraCJ and find it cor.recl. --By: ~I~ --,. "' !J1L,.J Flaherty & Hood LeVander, Gillin & Miller
//Vv'"~ -Cl.,.,,' . vt --!.J/ U"'--
OPTION "A" RETAINER+ HOURLY FEES
2018 2019 2020 2018 2019 2020
Retajner fee (annual amount) *25 hours per month (ALL Start) $40500* $40500* $40500* $75,000 $75,000 $75,000
Hourly Rate for Primarv Anomev
Hourly Rate for Other Attorneys (Please name):
Non-Retainer Services $155/hr $155/hr $155/hr
Developer Pass Through $205/hr $205/hr $205/hr
Associate
Hourly Rate for Support Personnel (Name or 1itle): See Option B
Non-Retainer Paralegals $115/hr $115/hr $115/hr
Developer Pass Through $130/hr $130/hr $130/hr
Law Clerks
Itemized fees (please describe):
Travel time for non-retainer matters 50% of the app licable hourly rate
Mileage for non-retainer matters Applicable I.R.S. rate Applicable I.R.S. rate
Black and white copies 15 cents/page 20 cents/page
Color copies 75 cents/page 49 cents/page
Fax 15 cents/page
Wes1law As applicable to required usage Actual Cost; not to exceed $300/mo
Long distance Actual Cost
Parking Actual Cost
Postage Actual Cost
Court costs/fees/out of pocket. e>qx:nses Actual Cost Actual Cost
Arbitration cost/fees Actual Cost
Expert costs/fees Actual Cost
Messenger costs/fees Actual Cost
Witness Fees
Minimum increments of time billed for each (List) 0.10
f certify that I have personaly opened and read all bids, --verified this abstract and find it correct.
./J ~ I I) --By. /);, . .I Flaherty & Hood LeVander, Gillin & Miller
4l YA A -1/ '=:?" .. vt._.,,,,,rL,/l PL-
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OPTION "B" HOURLY FEES ONLY
2018 2019 2020 2018 2019 2020
Retainer fee (monthly amount)
Hourly Rate for Primary Attorney General Municipal $140/hr. $140/hr. $145/hr.
Hourly Rate for Other Attorneys (Please name):
Employment, Environment & Real Estate $150/hr $150/hr. $155/hr
Litigation Matters $170/hr $170/hr . $175/hr
Developer Pass-Though $205/hr $205/hr $205/hr
All Attorneys (Except Pass-Through) $145/hr. $145/hr. $145/hr.
Hourly Rate for Support Personnel (Name or title):
General Municipal $70/hr $70/hr $75/hr $105/hr. $105/hr. $105/hr.
Employment, Environment, Telecommunications & Real Estate $80/hr $80/hr $85/hr $130/hr. $130/hr. $130/hr.
Litigation Matters $90/hr $90/hr $95/hr
Developer Pass-Though
Paralegals
Law Clerk
Itemized fees (please describe):
Travel time for non-retainer matters 50% of the applicable hourly rate
Mileage for non-retainer matters Applicable I.R.S. rate Applicable l.R.S. rate
Black and white copies 15 cents/page 20 cents/page
Color copies 7 5 cents/page 49 cents/page
Fax 15 cents/page
Westlaw As applicable to required usage Actual Cost; not to exceed $300/mo
Long distance Actual Cost
Parking Actual Cost
Postage Actual Cost
Court costs/fees Actual Cost Actual Cost
Arbitration cost/fees Actual Cost
Expert costs/fees Actual Cost
Messenger costs/fees Actual Cost
Minimum increments of time billed for each (List) 0.25 0.10
CITY OF STILLWATER
216N. 4TH STREET, STILLWATER, MN 55082
I certify that I have personaly opened and read all bids,
f---verified this abstract and find it correct.
f--._
By: /J,, . A ~ -" . . Holstad & Knaak Hoff Barry
/11.40.Af l._:::7. / J __.,r / .A" a --
OPTION "A" RETAINER+ HOURLY FEES
2018 2019 2020 $2.018 $2,019 $2,020
Retainer fee (annual amount) *25 hours per month (ALL Staff) $84 ,000 $84 ,000 $84,000 $80,400 $84,000 $87,600
Hourly Rate for Primary Attorne y $145/hr $145/hr $145/hr $160/hr $165/hr $175/hr
Hourly Rate for Other Attorneys (Please name): $145/hr $145/hr $145/hr $150/hr $155/hr $160/hr
Non-Retainer Services
Develope r Pass Through $235/hr $240/hr $245/hr
Associate $220/hr $225/hr $230/hr
Hourly Rate for Suooort Personnel (Name or title): $80/hr $80/hr $80/hr $95/hr $100/hr $105/hr
Non-Retainer Para legals
Developer Pass Through $115/hr $120/hr $125/hr
Law Clerks
Itemized fees ( olease describe):
Travel time for non-retainer matters
Mileage for non-retainer matters Applicable l.R.S. rate Applicable I.R.S. rate
Black and white copies 2000 copies included in fee Actual Cost
Color copies Actual Cost
Fax
Westlaw
Long distance $25 included in fee
Parking
Postage Actual Cost
Court costs/fees/out of pocket expenses Actual Cost Actual Cost
Arbitration cost/fees
Expert costs/fees
Mes senger costs/fees Actual Cost
Witness Fees Actual Cost
Minimum increments of time billed for each (List) 0.10 0.10
I certify that I have personaly opened and read all bids, ,___
verified this abstract and find it correct.
,....._.
,___ -By: /~ . A ,/.()_. , Holstad & Knaak Hoff Barry
/f f.All'A, l.~ /A ./.J~7~;;c -
OPTION "B" HOURLY FEES ONLY
2018 2019 2020 $2,018 $2,019 $2,020
Retainer fee (mon,Lhly amount)
Ho url y Rate for Prim ary Attorney General Municipal $145/hr $150/hr $155/hr
Hourly Rate for Other Attorneys (Please name): $140/hr $145/hr $145/hr
Em ployment, Environment & Real Estate
L itigatio n Matters $185/hr* $185 /hr* $185/hr*
Developer Pass-Though
All A nomeys (Except Pass-Through)
Houri\' Rate for Suo oort Personnel (Name or title):
General Municipal
Emp loyment' Environm ent, Telecommuni cations & Real Estate $80/hr $80/hr $85/hr
Litigation Matters
Developer Pass-Thoul!.h $115/hr $120/hr $125/hr
Paralel!.als *exceeds 10 hr/month $95/hr $100/hr $105
Law Clerk $95/hr $100/hr $105
Itemized fees (please describe):
Travel time for non-retainer matters
Mileage for non-retainer matters Applicable I.R.S. rate Applicable I.R.S. rate
Black and white copies 2000 copies included in fe e Actual Cost
Color copies Actual Cost
Fax
Westlaw
Long distance $25 included in fee
Parki ng
Postage Actual Cost
Court costs/fees Actual Cost Actual Cost
Arbitration cost/fees
Expert costs/fees
Messenger costs/fees Actual Cost
Minimum increments of time billed for each (List) 0 .10 0 .10
CITY OF STILLWATER
216 N. 4TH STREET, STILLWATER, MN 55082
I certify that I have personaly opened and read all bids. --verified this abstract and find it correct. --By: /JJ, . ./7 ,, . ") A ~ Kennedy & Graven Kelly & Lemmons
17 {A.,t.lL/LP' l.7. /A/LL/7DL..-
OPTION "A" RETAINER+ HOURLY FEES
2018 2019 2020 2018 2019 2020
Retainer fee (annual amount) *25 hours per month (ALL Staff) $85 ,000 $85,000 $85,000 $69,999.96 $69,999.96 $69,999.96
Hourly Rate for Primary Attorney $195/hr $195/hr $195/hr $140/hr $140/hr $140/hr
Hourly Rate for Other Attome.ys (Please name): $140/hr $140/hr $140/hr
Non-Retainer Services
Developer Pass Through
Associate
Hourly Rate for Sunoort Personnel (Name or title): $95/hr $95/hr $95/hr no charge no charge no charge
Non-Retainer Paralegals
Developer Pass Through $115/hr $115/hr $115/hr
Law Clerks
f temized fees (please describe):
Travel time for non-retainer matters
Mileage for non-retainer matters Applicable I.R.S. rate Applicable I.R.S. rate
Black and white copies Large production only $.OS/page Actual Cost
Color copies
Fax
Westlaw $3. 00/minute
Long distance
Parking
Postage Actual Cost Actual Cost
Court costs/fees/out of pocket expenses Actual Cost Actual Cost
Arbitration cost/fees
E xpert costs/fees
Messenger costs/fees Actual Cost Actual Cost
Witness Fees Actual Cost Actual Cost
Minimum increments of time billed for each (List) 0.1 =6 min 0.10
I certify that I have personaly opened and read all bids, --verified this abstract and find it correct.
/}, . .// 7 _ "J --By; ~ Kennedy & Graven Kelly & Lemmons
/I l' J rf A.P (7 .. vf_/U_A#....-.
OPTION "B" HOURLY FEES ONLY
2018 2019 2020 2018 2019 2020
Retainer fee (monthly amount)
Hourly Rate for Primary Attorney General Municipal $170/hr $170/br $170/br $130/hr $130/br $130/hr
Hourly Rate for Other Attorneys (Please name): $160/hr $160/br $160/br $130/hr $130/br $130/hr
Employment, Environment & Real Estate $195/hr $195/hr $195/hr
Litigation Matters $195/hr $195/hr $195/hr
Developer Pass-Though $250/hr $250/hr $250/br
All Attorneys (Except Pass-Through)
Hou rl y Rate for Sunnort Personnel (Name or title):
General Municipal
Employment, Environment, Telecommunications & Real Estate
Liciaation Matters
Developer Pass-Though
Paralegals $115/hr $115/hr $115/hr no charge no charge no charge
Law Clerk $95/hr $95/br $95/hr no charge no charge no charge
rtemiz.ed fees (please describe):
Travel time for non-retainer matters
Mileage for non-retainer matters Applicable I.R.S. rate Applicable l.R.S. rate
Black and white copies Large production only $.OS/page Actual Cost
Color copies
Fax
Westlaw $3 .00/minute
Long distance
Parking
Postage Actual Cost Actual Cost
Court costs/fees Actual Cost Actual Cost
Arbirration cost/fees
Expert costs/fees
Messenger costs/fees Actual Cost Actual Cost
Minimum increments of time billed for each (List) 0.1 =6 min 0.10
CITY OF STILLWATER
216 N. 4TH STREET, STILLWATER, MN 55082
l certify that I have personaly opened and read all bids, ,___..
verified this abstract and find it correct.
By: / h ~ . .// i ~ ')
,___..
~ ~ Campbell & Knutson Ratwik, Roszak & Maloney
// .,,{,,l/'f.A, ~· /,/ I/_ha._ ~
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OPTION "A" RETAINER+ HOURLY FEES
2018 2019 2020 2018 2019 2020
Retainer fee (annual amount) *25 hours oer month (ALL Stam $5 ,000 -$7,500 $16,500.00*" $17000.04* 17499 .96*
Hourly Rate for Primary Attorney $155/hr $160/hr $160/hr $150 $150 $155
Hourly Rate for Other Attorneys (Please name): $155/hr $160/hr $160/hr $150 $150 $155
Non-Retainer Services $185 $185 $190
Developer Pass Through $185 $185 $190
Associate
Hourly Rate for Support Personnel (Name or title): $85/hr $90/hr $95/hr $70/hr $70/hr $70/hr
Non-Retainer Paralegals
Developer Pass Through $350/$300 hr, $350/$300 hr, $350/$300 hr,
Law Clerks
Itemized fees (please describe):
Travel time for non-retainer matters No Charge to/from Stillwater
Mileage for non-retainer matters No Charge to/from Stillwater
Black and white copies 20 cents/page 20 cents/page
Color copies 40 cents/page
Fax
Westlaw Actual Cost
Long distance Actual Cost Actual Cost
Parking Actual Cost
Postage Actual Cost
Court costs/fees/out of pocket expenses Over $0.50 -Actual Cost Actual Cost
Arbitration cost/fees Actual Cost
Expert costs/fees Actual Cost
Messenger costs/fees Actual Cost
Witness Fees Actual Cost
Minimum increments of time billed for each (List) 0.10 0.1 = 6 min
I certify that I have personaly opened and read all bids,
verified this abstract and find it correct. -
By: /'n -_,,,I ~ ' } -A ~ Campbell & Knutson Ratwik, Roszak & Maloney
/I J ,,/ ll_..i .P ~, /J /J/??I ---
OPTION "B" HOURLY FEES ONLY
2018 2019 2020 2018 2019 2020
Retainer fee (monthly amount)
Hourly Rate for Primary Attorney General Municipal $155/hr $160/hr $160/hr $150 $150 $155
Hourly Rate for Other Attorneys (Please name): $155/hr $160/hr $160/hr $150 $150 $155
Employment, Environment & Real Estate $185 $185 $190
Litigation Matters $250/$200 hr. $250/$200 hr. $250/$200 hr. $185 $185 $190
Developer Pass-Though $350/$300 hr, $350/$300 hr, $350/$300 hr,
All Attorneys (Except Pass-Through)
Hourly Rate for Support Personnel (Name or lille): $70/hr $70/hr $70/hr
General Municipal
Emp loyment, Environment, Telecommunications & Real Estate We do not h~ve any historical data
Litigation Matters from the City on which to base a more
Developer Pass-Though comprehen~ve retainer agr~ement.
Paralegals 1vv1thout 1<now1ng me volume or 1ega1
Law Clerk $85/hr $90/hr $95/hr worK cyp1ca1Jv n efle<foy tn,TitV,'1t~
ltcmi2ed fees (please describe): -extremel'ydifficolrtol)rovldo;: d
retainer-cal I latlon1:hat-accorately-Travel time for non-retainer matters
reflee~~he-Eity'-s-need~+il .-=.~-Mileage for non-retainer matters
Black and white copies 20 cents/page ----.,_h:I .. lO s~nts/page
Color copies 40 cents/page
Fax
Westlaw Actual Cost Actual Cost
Long distance Actual Cost
Parking Actual Cost
Postage Over $0.50 -Actual Cost Actual Cost
Court costs/fees Actual Cost
Arbitration cost/fees Actual Cost
Expert costs/fees Actual Cost
Messenger costs/fees Actual Cost
Minimum increments of time billed for each (List) 0.10 0.1 = 6 min
\
TO: Mayor and City Council Members
FROM: Tom McCarty, City Administrator
DATE: June 29, 2018
SUBJECT: Provision of Criminal Prosecution Legal Services for City of Stillwater
BACKGROUND
Due to City Attorney Dave Magnuson’s effective retirement date of July 31, 2018, the City issued
an RFP on May 22, 2018 for provision of Criminal Prosecution Legal Services for the City of
Stillwater. The City received five proposals from law firms in the region with annual retainer
costs varying from $90,000 - $120,000. A Selection Committee, consisting of Mayor Kozlowski,
Councilmember Weidner, the Chief of Police, Investigative Sergeant, Police Department Data
Specialist, City Planner and City Administrator, evaluated proposals, conducted interviews with
the top firms and determined that the proposal submitted by Kelly & Lemmons P.A. for criminal
prosecution legal services with an annual retainer of $99,996 for three years best meets the
standards of the RFP and is the best interest of the City.
The Selection Committee recommends accepting the proposal of Kelly & Lemmons P.A. for the
provision of prosecution legal services for the City effective August 1, 2018 and further
recommends a transition period agreement with Kelly & Lemmons P.A. from July 16 – July 31,
2018 to allow for communication and meetings with appropriate staff regarding current files, case
and protocols that may need to be reviewed prior to the effective start date of August 1, 2018.
Once the Council has formally accepted the proposal for criminal prosecution services, the City
Administrator can work with Kelly & Lemmons P.A. to finalize contract agreement language for
signature by Mayor.
RECOMMENDATION
Staff recommends adoption of the resolution entitled, “Accepting the Proposal of Kelly &
Lemmons P.A. for Provision of Criminal Prosecutorial Legal Services for the City of Stillwater
Effective August 1, 2018.”
CITY OF STILLWATER Proposal for
216 N. 4TH STREET, STILLWATER, MN 55082 Prosecution Services
f certify that I have personaly opened and read all bids,
>--..__
verified this abstract and find it corre_ct.
>--~
By: / 'A . /I I 1 -/ Holstad & Knaak Jaqueline Fogal
// / ll b./lJ \.. -t. IA ,,//,//JP -....
OPTION "A" RETAINER+ HOURLY FEES
2018 2019 2020 2018 2019 2020
Retainer fee (monthly amount) $90 000 $90,000 $90,000 $120,000 $120,000 $120,000
Hourly Rate for Primary Attorney $145 $145 $145 $!00 $100 $100
Hourly Rate for Other Attorneys (Please name): $145 $145 $145
Hourly Rate for Support Personnel (Na me or title): $80 $80 $80 $60 $60 $60
Itemized fees (please describe):
Forfeitures $100/hr
Police Reports $20
Electronic Media $30
Actual cost of any out pocket expenses, including but not limited to court filing fees, witness
fees, service of process fees,transcripts , couriers, and binding, printing, service and delivery of
appellate briefs (see proposal)
Photocopies
Color Copies
Westlaw Reaserach
Postrage over $.50
Minimum increments oftime billed for each (List)
1 certify that I have personaly opened and read all bids, --verified this abstract and /ind it carrect.
.// ) "') --By: /~ A ,, Holstad & Knaak Jaqueline Fo2al
/LI.All.AL ~ .. /A ./,./hvl
OPTION "B" -HOURLY FEES ONLY: 2018 2019 2020 2018 2019 2020
Retainer fee (mont hl y amount)
Hourly Rate for Prim ary Attorney $100 $100 $100
J-lourlv Rate for Other Attorneys (Please name):
Hourl v Rate for Suooort Personnel (Name or title): $60 $60 $60
Itemized fees (please describe):
Police Reports $20
Electronic Media $30
Out pocket expenses, including but not limited to court filing fees, witness fees, service of
process fees,transcripts, couriers, and binding, printing, service and delivery of appellate briefs
(see proposal)
Photocopies
Color Copies
Westl aw Reaserach
Postrage over $.50
Minimu m increments of time billed for each (List)
Court time & Preparation, legal research, complaint drafti ng, phone calls, correspondence,
personal conference
AJI services
CITY OF STILLWATER
216 N. 4TH STREET, STILLWATER, MN 55082
I certify that I have personaly opened and read all bids, ,-.. >--
verified this abstract and find it corre_cl.
>--By: L 11 -.// ... }_ It ,, GDOLaw Kelly & Lemmons
/ {AA/,,L,,r/ f Q.7. /A 1~//vC. -
OPTION "A" RETAINER+ HOURLY FEES
2018 2019 2020 2018 2019 2020
Retainer fee (month Iv amount) $98,400 $98,400 $9 8,40 0 $99,996.00 $99,996.0 0 $99 ,996.00
Hourly Rate for Primarv Attorney $110 $110 $110 $100.00 $100.00 $100.00
Hourly Rate for Other Attorneys (Please name): $100.00 $100.00 $100.00
Hourly Rate for SuDoort Personnel (Name or title): $50 $50 $50 n/a n/a n/a
*Will not charge City for any costs over $100,000
for 3 years
Itemized fees (please describe):
Forfeitures
Police Reports
Electronic Media
Actua l cost of any out pocket expenses , including but not limited to court filing fees, witness
fees, service of process fees,transcripts, couriers, and binding, printing, service and delivery of
appe ll ate briefs (see proposal) Actual Costs
Photocop.ies
Color Copies
Westlaw Reaserac h
Postrage over $.50
Minimum increments of time billed for each (List) 0.10/hr
I certify that I have personalv opened and read all bids, ,-. -verified this abstract and {Ind it correct. -,-. ~ .// JI r ) -By: -A ~ GD0Law Kelly & Lemmons
rvtA~//J/ ~~ /./F./U/7~
OPTION "B" -HOURLY FEES ONLY: 2018 2019 2020 2018 2019 2020
Retainer fee (monthly amount)
Hourly Rate for Prim arv A ttorney $110/hr. $110/hr. $110/hr. $100 $100 $100
Hourly Rate for Other Attorneys (Please name): $110/hr. $110/hr. $110/hr. $100 $100 $100
Hourly Rate for Suooort Personnel (Name or title): $50/hr $50/hr $50 /hr n/a n/a n/a
Itemized fees (please describe): n/a n/a n/a
Police Reparrs
Electronic Media
Out pocket expenses , including but not limited to court filing fees, witness fees, service of
process fees,transcripts, couriers, and binding, printing, service and delivery of appellate briefs
(see proposal) Actual Costs
Photocopies
Color eopies
Westlaw Reaserach
Po strage over $.50
Minimum increments of time billed for each (List) 0.10/hr 0 .10/hr
Court time & Preparation, legal research , complaint drafting, phone calls, correspondence,
personal conference
All services
CITY OF STILLWATER
216 N. 4TH STREET, STILLWATER, MN 55082
I certify that I have personaly opened and read all bids,
ve rified this abstract and find ii correct.
By : f )A -. // -? ,I ) ,,, -"" Campbell & Knutson
/YA////P k"" ; t:,,(.. ../.I/&-< -
OPTION "A" RETAINER+ HOURLY FEES
2018 2019 2020
Retainer fee (monthly amount) $120,000 $132,000 $132,000
Hourly Rate for Primary Attorney n/a n/a n/a
Hourly Rate for Other Attorneys (Please name): n/a n/a n/a
Hourly Rate for Suooort Personnel (Name or title): n/a n/a n/a
Itemized fees (please describe):
Forfeitures 30% of net proceeds
Police Reports
Ele ctronic Media
Actual cost of any out pocket expenses, including but not limited to court filing fees , witness
fees, service of process fees,transcripts, couriers, and binding, printing, service and delivery of
app e llate briefs (see proposal )
Photocopies $.20/page $.20 /page $.20/page
Color Copies $.40 /oage $.40/page $.40/page
W estlaw Reaserach Actual Cost
Postrage over $.50 Actual Cost
Minimum increments of time billed for each (List) n/a n/a n/a
I certify that I have personaly opened and read all bids,
verified this abstract and find it correct.
By: ~~ ~ ~~ )_ A ~ Campbell & Knutson
/WAU../?/ cru.A"L/?a
OPTION "B" -HOURLY FEES ONLY: -2018 2019 2020
Retainer fee (monthly amount)
Hourly Rate for Primary Attorney $155 $160 $165
Hourly Rate for Other Attorneys (Please name): $155 $160 $165
Hourly Rate for Support Personnel (Name or title): $85 $90 $85
Itemized fees (please describe):
Police Reports
Electronic Media
Out pocket expenses, including but not limited to court filing fees , witness fees , service of
process fees ,transcripts, couriers, and binding, printing, service and delivery of appellate briefs
(see proposal)
Photocopies $.20/oage $.20/oage $.20/page
Color Copies $.40/page $.40/page $.40/page
W estlaw Reaserach Actual Cost
Postrage over $.50 Actual Cost
Minimum increments of time billed for each (List) 0.10/hr
Court time & Preparation, legal research, complaint drafting, phone calls, correspondence,
personal conference
All services
RESOLUTION 2018-137
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 $303,679.16 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 3rd day of July, 2018 .
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
EXHIBIT "A" TO RESOLUTION #2018-137
LIST OF BILLS
3D Specialties
Action Rental
Advance Auto Parts
Barber, Paul
Board of Water Commissioners
Bolton And Menk
Century Link
Cintas
Cole Papers
Daleo
Electric Fire an Security
Emergency Response Solutions
Environmental Equipment and Services
Fastenal Co
Frontier AG and Turf
GFOA
Gertens
Good Year Tire
Haussner Plumbing
Heritage Embroidery
Holiday Companies
Hudson Rod and Gun Club
Industrial Organizational Solutions
JTR Roofing
Kath Fuel Oil Service
Kirvida Fire
MAC Tools
Magnuson Law Firm
Marshall Electric Company
Menards
Met Council
MN Dept of Labor and Industry
MN Dept of Natural Resources
MN Parks and Sports Turf
MTI Distributing
On Site Companies
Performance Plus
Plumbo, David
Quill Corporation
Renewal By Anderson
Safe Fast Inc
Simplifile
Site One Landscape
Stillwater Motors
TA Schifsky
Total Parking Solutions
Tri State Bobcat
Traffic Barricades
Trailer Rental
Vehicle Supplies
Pre Fireworks Show
June WAC
Professional Services
Telephone
Mat & uniform cleaning service
Janitorial supplies
Floor Sweeper and Scrubber
Building Repair Charges
Fire SCBA Flow Test
Equipment Repair Supplies
Equipment Repair Supplies
Equipment Repair Supplies
Membership
Parks Mulch
Vehicle Service
Repair Drinking Fountain
Police Uniforms
Vehicle Service
Police Range Use
Fire Fighters Examinations
Overpayment Permit
Vehicle Service
Fire Shop Supplies and Ma int
Equipment
Professional Services
Electrical repair
Supplies
June SAC
June Building Surcharge
License to Cross Public Lands and Waters
Seminar
Equipment Repair Supplies
Portable Restrooms
Pre Employment Screening
Parks Fee Refund
Office Furniture
Refund Permit
Supplies and Safety Equipment
Recording fees
Supplies
Vehicle Service
Asphalt
Parking supplies
Equipment Repair Supplies
Page 1
$6,140.15
$210.00
$3.50
$4,000.00
$10,395.00
$2,968.50
$130.78
$171.34
$163.47
$21,556.86
$217 .50
$1,904.00
$122 .14
$64.38
$44.37
$150.00
$1,735.00
$63.00
$275 .00
$39.96
$20.00
$200.00
$416.00
$10.00
$600.75
$1,133.98
$948.80
$13,092.99
$11,004.00
$493.34
$22,141 .35
$9,361.60
$7,000.00
$25.00
$139 .94
$1,336.00
$90.00
$100.00
$749.82
$138.10
$568.48
$200.00
$4.50
$58.48
$2,960.36
$195.00
$22.18
EXHIBIT "A" TO RESOLUTION #2018-137
Ultimate Safety Concepts
US Bank
Verizon
Wal Mart
Washington County Sheriffs Office
Washington County Public Safety Radio
Water Works Irrigation
Xcel Energy
Ziegler Inc.
Library
CDW Government
ECM Publishers
Cummins
Grainer
Johnson Controls (S i mplexGrinnell)
Pinnacle Building Services
Toshiba Business Solutions
Xcel Energy
Xcel Energy
Total 07 /03/18
Adopted by the City Counc i l this
3rd Day of July, 2018
Fire Fighting Equipment
Paying Agent Fees
Wireless services
Supplies
Terminal Access Charge
Fire Radio User Fees
Ice Castle Damage
Energy
Backhoe Loader
City Sub Total
Capital: AV Upgrade Margaret Rivers Room
Gazette Special Meeting Notice
6/9 Ramp Incident: Generator Repair
6/9 Ramp Incident: Repair Supplies
6/9 Ramp Incident: Alarm and Detection Service
Window Cleaning
Maintenance Contract
Energy
Energy
Library Sub Total
Page 2
$780.00
$450.00
$2,570.60
$447 .44
$6,375.00
$9,101.82
$335.95
$13,757 .35
$136,990 .00
294,173.78
$ 2,966.21
$ 23.70
$ 794.80
$ 44 .68
$ 511.00
$ 775.00
$ 181.96
$ 122.03
$ 4,086.00
$9,505.38
$303,679 .16
TO: Mayor & City Council
FROM: Tom McCarty, City Administrator
DATE: July 2, 2018
RE: 2018 LUMBERJACK DAYS FINAL AGREEMENT
BACKGROUND
The Locals and City staff have come to agreement on final language for the contract for
the 2018 Lumberjack Days event, scheduled for July 20-22, 2018 in Lowell Park. The
final agreement updates the draft 2018 Agreement initially approved by the City
Council at the June 5, 2018 City Council meeting.
COMMENTS
The primary contract updates are:
1. Financial Assurances - Payment of City Costs – The financial assurance of $16,188
has been paid pursuant to the Agreement language. Also incorporated fee
changes consistent with the City’s updated Event Policy.
2. Helicopter Ride Event – Additional language added to the Agreement for
management of Helicopter Rides in Bridgeview Park on Friday, Saturday and
Sunday during Lumberjack Days, including: shut down of the upper and lower
Loop Trail during take-off and landing intervals, establishing hours of operation,
flight paths, and helicopter insurance requirements.
3. Handicap Parking – Added a provision to designate and sign additional
handicap parking spaces to replace those handicap parking spaces within city
parking lots used for the event venue.
4. Alcohol Sales & Consumption – Alcohol sales and consumption will be within a
defined beer garden. Single bicycle fencing is required for 2018 with appropriate
entry/exit points controlled by security personnel. The Locals are not extending
alcohol consumption venue wide.
July 2, 2018
Page 2
5. Use of City Parking Lot #4 (East of Water Street Inn) – City staff and the Locals
developed alternatives to use of Parking Lot #4 for Water Street Inn guests and
event operations parking due to DOT, vendor and lift bridge tender parking
during the bridge rehabilitation activities in 2018.
6. Term of Agreement - The term of the agreement is for one year – 2018.
REQUEST
Staff requests the Council to consider approving the final contract language.
tm
Attachments: Contract
STILLWATER LUMBERJACK DAYS AGREEMENT
This Agreement between the City of Stillwater, Washington County, Minnesota (“City”),
and the Stillwater Lumberjack Days Celebration of 2018, part of a community wide celebration
(the “Celebration”); (LOCALS,) a Minnesota non–profit and federally certified 501C3
organization (“Association”). Whereby the Association has appointed an Independent Contractor
to Manage and Stage the Celebration according to the terms of this Agreement.
1. Celebrations. The City has encouraged community wide celebrations in order to
foster and promote tourism within the City of Stillwater and encourage commerce within the City
that will ultimately increase property values and the quality of life within the City, thereby
promoting the welfare of the City. The Stillwater Lumberjack Days Celebration will be held
during the last half of July of each year as determined by agreement between the Association and
the City. The Stillwater Lumberjack Days of 2018 will be conducted on the following dates:
Setup: Thursday, July 19, 2018 – 9 a.m. to 11 p.m.
Event: Friday, July 20, 2018; Saturday, July 21, 2018; Sunday, July 22, 2018
10 a.m. to 11 p.m.
Cleanup: Monday, July 23, 2018 – 9 a.m. to 12 p.m.
2. Management. The LOCALS must appoint an individual to represent their entity in
dealings with the City regarding the Celebration. This individual must be given authority to bind
the organization to agreements made with the City, to receive notice of any kind including routine
or emergency notices that when received by the individual will be considered given to the
Association. The notice may be given by email, in person, by telephone or by U.S. Mail. The
email address, cell phone number and mailing address of this representative must be given to the
City within 30 days of the execution of this Agreement and kept continuously current from January
1st of each calendar year until August 1st. Failure to provide this representative or to keep the
representative’s contact information current are grounds for cancelation of this Agreement and all
rights to conduct the Celebration.
(a) Site Plan. The Association must prepare an overall site plan for the Celebration
that depicts the location of fencing, vendors, exits and any areas with the City, such
as parks or parking lots that are proposed for use by the Association for the
Celebration and related use. Further the Association must also submit a City Event
Permit with application fee and an overall Celebration Concept Plan that describes
each element of the Celebration, including water races, parades, fireworks that are
planned. The Concept Plan and Event Permit application must be submitted by
April 1st of each year.
(b) Event Coordinator. Further, the primary City contact will be the City
Administrator or the person designated as Event Coordinator (Event Coordinator).
The Association pledges to work with this person regarding Event Planning and the
fulfillment of the conditions contained in this Agreement.
2
(c) Status Report. Beginning 30 days after the execution of the Agreement, and each
30 days thereafter, the Association must provide to the Event Coordinator a status
report, that must include the sources (should the source elect to be identified) and
amount of paid sponsorships, the nature and extent of any contractual agreements
made with third parties, nature and extent of any credit extended by third parties to
the association or to others for the benefit of the Association, and any other status
information reasonably required by the Event Coordinator.
(d) Background Investigations. The Board of Directors of the Association or any
Managers hired by the Association for purposes of planning or conducting the
Celebration must consent to and allow the City to conduct basic criminal
background investigations.
(e) Primary Contact. A current phone number for the Primary Contact must be
provided to the City and also placed on the main page of the Event’s Website and
public inquires invited.
3. Stillwater Lumberjack Days Crowd Management.
(a) Police and Firefighters. The Association will contribute to the cost of providing
uniformed, licensed peace officers and fire firefighters that are specifically
scheduled for the events associated with the Celebration. The contribution level
for Police and Fire Fighters is established by the City Administrator. The amount
must be paid on or before June 1st of each year.
(b) Security Officers. The Association will provide, at no cost to the City, privately
paid professional uniformed security officers equipped with radios. All security
officers will be suitably identifiable. The number and deployment of the Security
force must be approved in writing by the Stillwater Police Chief.
(c) Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must
remain open to the public and unobstructed during the Event unless approved by
City Staff.
(d) Repairs. The Association must restore and repair any areas of a Park or Parking
Lot that are damaged by vehicles or people associated with the Celebration. City
Staff will do a walk-through of venue with The Locals and identify and document
any damage before event. Both parties will sign off and reevaluate after the event.
(e) Remote Parking. The Association will work with City Staff to explore the
feasibility of a remote parking and shuttle plan for the Celebration.
(f) Handicap Parking. The Association will create and sign handicap parking spaces
in locations and dimensions as designated by City Staff to replace those handicap
parking spaces within the city parking lots being utilized for the event.
(g) Ticket Sales. In order to defray costs associated with the Celebration, the
Association is authorized to establish and implement a park access fee or access
3
ticket charge for Friday and Saturday evenings of the events. Further, no charge
will be made or ticket required for access to the area south of the Bridge, to
members of the Association work force, public safety personnel, or to other persons
not considered members of the general public, nor will any charge be made for the
daytime shows or events.
4. Race and Parade Management. Prior to June 1st, the organizers must submit and
have approved a Management Plan for any races or parades proposed to be held during the
Celebration. The Plan must describe the start and finish lines and the proposed route. A plan for
parking control, a plan for traffic control, barricade placement and street closure, a plan for water
stop and first aid stations, an emergency plan, a plan for the provision of portable toilets, barricade
placement, trash collection, and pickup, a schedule for any required provision of City services
including Police, Fire, Public Works and electricity and water/services.
5. Stillwater Lumberjack Days Liquor Control.
(a) The Association. (LOCALS) has been granted conceptual authority to dispense
intoxicating Liquor at the Stillwater Lumberjack Days Celebration. This approval
is subject to the Association applying for and being granted a Temporary Liquor
License and Consumption Permit as allowed by the Stillwater City Code and State
Law. All Licenses must be approved and proof of Liquor Liability Insurance
Coverage must be submitted to the City Clerk by June 1st. This Agreement will
set forth the terms and conditions that will control the dispensing of Liquor at the
Celebration.
(b) The Area. The area where dispensing will be permitted is the area by the
Association described on the overall site map as submitted and approved by the
City (the Area).
(c) Fencing. The Area must be securely fenced. The fencing must be adequate to
insure that alcohol sales and consumption remain inside the fence. For the purposes
of a Beer Garden, single bicycle fencing is approved. A breach of the fence is
grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy
of exiting in the fence must comply with the Minnesota Fire Code as administered
by the City Fire Chief.
(d) Exits. For the purpose of this plan, all Entry/Exit gates to the park must be
controlled by security personnel while alcohol is being served. At each of these
entry/exit points, a paid professional security guard must be in place to insure that
no beer or Liquor enter or leave the park area.
(e) Signage. Signage will be prominently displayed at each entry/exit point to notify
guests that no Liquor/beer will be allowed in or out of the area.
(f) Bracelets. Private paid security officers will roam the Area checking to ensure that
each beer drinker is wearing a Stillwater Lumberjack Days 2017 beer drinking
bracelet. Signs will be displayed throughout the area notifying guests that they
must be wearing a beer drinking bracelet to be drinking a beer.
4
(g) Identification Bracelets. The Association will provide at no charge liquor
identification bracelets at location(s) as required by Public Safety Staff. The
Association will permit no one to consume Liquor unless they are wearing an
identification bracelet. The Association will be responsible for the issuance of
bracelets and that the bracelets are given only to those who are legally entitled to
consume Liquor. The Association will direct its private security forces to give extra
attention to enforcing the bracelet requirements and to crack down on abuses.
(h) No Other Alcohol or Coolers. No Liquor is allowed in the Area except that Liquor
which is sold by the Association. The Association is responsible to see that no
other Liquor is brought into the Area. Bottles, containers or coolers brought into
the Area, are subject to search.
(i) Compliance Program. Prior to June 1st the Association must develop a complete
management policy or program regarding all aspects of alcohol compliance,
including the problem of the under–aged consumer, sales after hours, sales off the
premises in open containers, over–serving and the recognition of false
identification. The City Police Chief must approve the policy before
implementation. The Association must train all alcohol servers with regard to the
policy, including instruction by a professional recognized in the area of alcohol
awareness before the opening date of the Celebration.
(j) Compliance Inspection. The Association acknowledges that as a liquor license
holder for the Celebration, it is subject to Stillwater City Code §43–8, which
authorizes that all premises from which intoxicating Liquor is offered at on–sale,
are subject to inspection for alcohol compliance by any police officer, health
officer, or other designated officer or employee of the City during all hours the Area
is open for the serving of alcohol.
6. Lumberjack Days Helicopter Ride Event. The Association will manage Helicopter
Rides in Bridgeview Park within the following provisions:
(a) A site plan shall be submitted indicated all operational areas, location of barricades,
fencing, facilities, etc.
(b) The Landing Area will be located south of the Bergstein Historic Buildings adjacent
to the lower Loop Trail in the cleared field area of the Park.
(c) The Landing area shall be 65’x 200’ in size and secured.
(d) The upper and lower Loop Trail shall be shut down with barricades during take-off
and landing intervals.
(e) There shall be an adequate number of trained ground crew on site to secure the area.
(f) Hours of operation shall be Friday, July 20, 2018, Saturday, July 21, 2018 &
Sunday, July 22, 2018 from 11:00 a.m. to 6:30 p.m.
5
(g) The helicopter flight path shall not hover at the bluff line of the St. Croix River in
order to minimize noise in those residential neighborhoods. The Helicopter
Company shall provide their flight plan to the City of Stillwater.
(h) Size of the helicopter shall be no larger than a Robinson R44 four-seat light utility
helicopter.
(i) Helicopter Insurance. The Helicopter Company must provide to the City
satisfactory proof that it has obtained liability insurance that names the Association
and the City as an additional insured, as loss payees, in an amount of at least
$1,500,000 combined single limit, for loss sustained by either acts or occurrences
that arise from or grow out of helicopter operations, evidenced at a minimum, the
coverage described with regard to Stillwater Lumberjack Days.
7. Insurance. The Association must provide to the City satisfactory proof that it has
obtained liability insurance that names the Association and the City as an additional insured, as
loss payees, in an amount of at least $1,500,000 combined single limit, for loss sustained by either
acts or occurrences that arise from or grow out of both Celebrations, and Liquor Liability coverage
as described in Minn. Stat. §340A.409, evidenced at a minimum, the coverage described in Minn.
Stat. §340A.409, subd. 1 with regard to Stillwater Lumberjack Days.
8. Assurances. Three weeks prior to the event the Association must provide
assurances to the City: (1) that the Association will complete the contract according to its terms,
and pay to the City all costs and charges that may accrue on account of completing the Celebration,
and provide a deposit in the amount $14,716.00 (2017 actual Public Safety costs), plus 10% for a
total of $16,188.00 and (2) if The Locals do not meet their contractual and other obligations
to private parties and public agencies, the City will consider that grounds for cancellation
of this Agreement for 2018. The City shall compile final costs and charges for 2018 Lumberjack
Days event by August 15, 2018 and reconcile all costs relative to the Association deposit. Based
on the final reconciliation, the City of Stillwater or the Association will promptly issue a final
payment as necessary.
9. Sales Tax. The Association must obtain a State Tax Payer Identification Number
and collect any sales or use taxes that are due according to law.
10. Noise Control. The Association is responsible to control the noise emanating from
the Area at a level that will not interfere with the peace and repose of the residential area on the
bluffs on the north, west and south edges of the downtown.
11. Hours of Operation. Liquor sales will cease 15 minutes before the last band finishes
playing, but in no event after the times set forth as follows: Friday, 11:00 p.m.; Saturday, 11:00
p.m.; and Sunday, 9:45 p.m.
12. Public Information. As soon as practicable after furnishing the main schedule, the
Association will publish and widely distribute a schedule of events. After the Celebration closes,
6
the Association will prepare a press release describing the charities that benefit from the
Celebration.
13. Police Power. With regard to Celebration the City reserves the right to order a
shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the
public safety is threatened or any condition of this Agreement is violated. In that event, the
Association will cease dispensing Liquor and must assist the police in the clearing of the Area.
The park will be closed at midnight.
14. Exclusive Use of Parks. In return for the exclusive use of the City Parks as
identified on the approved overall site plan and/or Event Maps, the Association hereby agrees to
the following:
(a) Damage Deposit. The Association will pay a security deposit of $1000 and a user’s
fee of $500 to be paid at the signing of this Agreement for each of the Parks. The
damage deposit of $1000 will be refunded no later than 30 days after event, in whole
or in part, if not needed to repair damage, as determined by the City of Stillwater
Public Works Director.
(b) Dumpsters. The Association must furnish dumpsters or roll–off boxes according
to a plan approved by Public Works Staff in sufficient quantity to contain the
accumulation of trash generated by the Celebration and must ensure that all trash
or garbage is collected and hauled away daily in the Event areas. Dumpsters and
trash receptacles in the Event Areas must be picked up and empty each day during
the Celebration. The Event Coordinator may amend the plan and require additional
dumpsters or trash receptacles if the need arises.
(c) Traffic Control. To ensure traffic and pedestrian control the Association must place
standard reflective barriers according to a plan approved by the Public Works
Director, Police Chief or their designees. Barriers may be supplied by the
Association, or by the City. Charges for the City supply of barriers are set forth in
the current City Fee Schedule. The City may place additional traffic control
barriers to protect public safety at City expense based upon a plan developed by the
Public Works Director and Police Chief or their designees. The plan for placement
of additional public safety traffic control barriers shall be shared with the
Association by July 1, 2018.
(d) Electricity and City Water. Existing electrical boxes will be opened by the City
and access allowed according to the current City Fee Schedule. If access to water
main or hydrants is required, the Association must make arrangements with the City
Water Department and must pay related Water Department fees.
(e) Restrooms. The Association must furnish portable restrooms to facilitate expected
crowds in a number approved by Public Works. Additional portable restrooms
must be provided by the Association if deemed necessary to protect public health
as determined by the Event Coordinator. City Public Restrooms on the Pedestrian
Walkway and the South end of Lowell Park will remain open during the Celebration
7
and the City will supply and equip both restrooms, however, the Association will
be responsible for maintaining, cleaning, staffing and security and supervision for
both restrooms. If the Association elects not to provide these services it must notify
the City at least two weeks prior to the event, and in that event, the Association will
bear the City costs associated with this work.
(f) Irrigation System in Park Property. Lowell Park is maintained by a buried
irrigation system. This system is easily damaged by stakes or posts that are driven
into the ground or by equipment and vehicles running over irrigation heads. For
that reason, stakes or posts longer than 12 inches and more than a quarter inch in
diameter may not be used in the Park.
(g) Grey Water. The Association agrees to ensure that all vendors’ waste water be
discharged into a holding tank approved by Washington County Public Health and
Environment Department. Vendors without an approved holding tank must
discharge into grey water barrels provided by the Association. Disposal costs are
the responsibility of the Association. Grey water barrels or holding tanks shall not
be disposed into the City’s sanitary or storm sewers, for any reason.
(h) Use of City Parking Lots. The City prefers the Association to stage the event in
Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is
not recovering from flood waters, then it should be the primary event venue. Use
of public parking lots will be approved only as an alternate or if sufficient space
does not exist in the Park to accommodate all event activities. If in the opinion of
the City, public parking lots will be needed, then the preferred lots for use would
be Lots 4, 5, 9, 10 and 11. In this event, the City approves, at no cost to the
Association, Lots 4, 5, 9, 10, and 11. These lots will be available to the Association
exclusively from Thursday AM until Monday AM of the Event weekend. Lot 11
will be shared with Public Safety as a staging area.
(i) Umbrella Events. By June 1st the Association must submit to the City a complete
list of all “umbrella events.” “Umbrella events” are events taking place during the
time frame of the Lumberjack Days Festival, and are included in Lumberjack Days
Festival promotional materials, but are not directly produced by the Association.
15. Rules for Vendors.
(a) Food Vendors. All food vendors must be inspected and approved by Washington
County Public Health and Environment Department and the Stillwater Fire
Department and the State Electrical Inspector prior to beginning operation. The
Association must provide a complete list of all vendors to each of these agencies at
least two weeks prior to the event.
(b) No Camping. No camping in tents, trailers or campers is allowed in the Downtown
during the events.
16. Damage to Parks, Paved Trails and Parking Lots. All damage to parks, paved trails,
or parking lots must be repaired at the expense of the Association whether caused by the
8
Association or its vendors. The City will deduct the cost of repair from Association Deposit,
however, the Association will remain responsible for costs and repairs that exceed the Deposit.
17. Music. Musical entertainment must be selected with the approval of Public Safety.
Public Safety must also review and approve the Media Advertising Campaign before the campaign
is implemented. By May 2018 the Association must provide to the City a complete list of all
musical acts along with an estimate crowd size for each. Live musical entertainment must cease
no later on each day than set forth as follows: Friday, 11:15 p.m.; Saturday 11:15 p.m.; and
Sunday, 10:00 p.m.
18. Downtown Clean-Up. On the day following the close of the Celebration, weather
permitting, the Association will clean Lowell Park and other areas that have been impacted by the
Celebration. The Association is responsible for all costs, incurred for the clean-up of areas
neglected by the Association. The city will run Street Sweepers after the event at no cost to the
Association.
19. Hold Harmless and Indemnify. The Association agrees to hold the City harmless
and to indemnify and defend the City with regard to any claims causes of action or demands that
might be brought against the City arising out of the activities in the Area including the dispensing
of Liquor pursuant to this Agreement.
20. Term of Agreement. This Agreement will remain in effect for a period of one (1)
year from the date of its execution. Further, in the event that a determination is made by the City
Council, based upon the advice of the Police Chief that the Celebration is a threat to the health,
safety or welfare of the community, the City Council reserves the right to cancel any remaining
term and terminate this Agreement.
21. All addendums to previous agreements are hereby incorporated this agreement.
IN WITNESS WHEREOF, the parties have set their hands this _____ day of
_____________, 2018
LOCALS
By
Its
9
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2018, by ___________________________, the _______________________,
the duly authorized agent for Locals, a Minnesota non–profit corporation.
Notary Public
CITY OF STILLWATER
Ted Kozlowski, Its Mayor
ATTEST:
Diane F. Ward, Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2018 by Ted Kozlowski, Mayor and Diane F. Ward, Clerk, for the City of
Stillwater.
Notary Public
216 4th Street North Stillwater MN 55082
651-430-8800
www.stillwater.mn.us
To: Mayor and City Council
From: Alison Egger
Assistant Finance Director
Date: 7/3/18
Re: Acceptance of 2018 2nd Quarter Donations
BACKGROUND
The City of Stillwater received the following cash donations:
Water Street (DBD Partners) – Fireworks - $2,000.00
Kwik Trip – Fireworks - $200.00
PD Pappy’s – Fireworks - $1,000.00
Lift Bridge Brewing Co – Fireworks - $2,000.00
Cub Foods – Fireworks Sponsorship - $15,000.00
VFW Auxiliary Post 323 – Friends of Fire - $3,000.00
Stillwater Firefighters Relief Association – Friends of Fire - $9,419.40
Kris and Amy Magnusson – Friends of Fire - $50.00
RECOMMENDATION
Staff recommends the acceptance of these donations for 2018 Fiscal Year.
ACTION REQUIRED
If council agrees with staff’s recommendation, Council needs to pass a resolution entitled “Resolution Accepting Cash
Donations” in compliance with Minnesota Statute 465.03.
cc: Sharon Harrison - Finance Director
RESOLUTION 2018-141
RESOLUTION ACCEPTING CASH DONATIONS
WHEREAS, the City of Stillwater has received the following donations and designations;
Water Street (DBD Partners) – Fireworks - $2,000.00
Kwik Trip – Fireworks - $200.00
PD Pappy’s – Fireworks - $1,000.00
Lift Bridge Brewing Co – Fireworks - $2,000.00
Cub Foods – Fireworks Sponsorship - $15,000.00
VFW Auxiliary Post 323 – Friends of Fire - $3,000.00
Stillwater Firefighters Relief Association – Friends of Fire - $9,419.40
Kris and Amy Magnusson – Friends of Fire - $50.00
and
WHEREAS, Minnesota Statutes §465.03 requires donations to be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts
the above donations and the designation of funds.
Adopted by the City Council of the City of Stillwater, Minnesota, this 3rd day of July, 2018.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
CITY COUNCIL
CASE NO.: 2018-22
MEETING DATES: June 5, 2018 – City Council
May 17, 2018 – Downtown Parking Commission
May 9, 2018 - Planning Commission
APPLICANT: Andrew Mosiman and Christie Wanderer representing
Forge and Foundry Distillery
REQUEST: Special Use Permit for a craft distillery & sampling room at 107 E Chestnut
ZONING: CBD-Central Business District
PREPARED BY: Bill Turnblad, Community Development Director
BACKGROUND
Andrew Mosiman and Christie Wanderer, owners of Forge and Foundry Distillery, have
submitted a request for approval of a Special Use Permit to operate a craft distillery in the garage
of the historic armory, located at 107 East Chestnut Street.
The Planning Commission considered the request in a public hearing held on May 9, 2018. The
Commission expressed support for the proposed use on the property, but referred the decision1 to
the City Council. The basis for their referral lies in concerns about parking. The Commission cited
loss of parking on the property itself, as well as a lack of details for overall parking needs for the
rest of the historic armory as reasons to refer the case to the Council.
SPECIFIC REQUEST
In order to operate the distillery and sampling room in this location, the applicant has requested
the following:
1. A Special Use Permit for a 1,300 square foot distillery; and
2. A Special Use Permit for a 910 square foot tasting room.
1 City Code Section 31-207, Special Use Permit and Conditional Use Permit, indicates “on the rare occasion when
accountability is an issue, the planning commission may refer a conditional use permit or special use permit to the city
council”.
Forge and Foundry
June 5, 2018
Page 2
PARKING
The Downtown Parking Commission considered the project at its May 17, 2018 meeting. Since
there is no parking available to the distillery on the property, the business has requested approval
of a mitigation plan that would allow all parking to occur in the public parking system.
12 parking spaces are required for the use.
Use Area in square feet Rate Required parking
Tasting room 909 1/120 sf 7.58
Office 177 1/300 sf 0.59
Foyer 87 NA 0
Production area 1,299 1/325 sf 4.0
Total 2,4722 12.17
The Parking Commission noted that the business location is good in terms of capacity in the public
parking system. During the busiest hours for the sampling room there would likely be available
on-street parking on 3rd Street and in the parking lots up 3rd Street hill.
Therefore, the Commission unanimously voted to approve use of the public parking system for
the 12 deficit parking spaces. Conditions of approval included:
1. The parking mitigation fee (currently $10 per month per deficit space) will be invoiced
quarterly by the City.
2. The fee is to be paid upon receipt of City invoice. Failure to pay fees within 30 days of
invoice will be certified for collection with real estate taxes. The applicant waives any and
all procedural and substantive objections to the parking mitigation fee in-lieu of on-site
parking requirements, including but not limited to a claim that the City lacks authority to
impose and collect the fees. The applicant agrees to reimburse the City for all costs
incurred by the City in defense of enforcement of this provision.
FINDINGS
As noted to the Planning Commission, staff finds that with certain conditions, the proposed use
conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant
area plans and other lawful regulations and will not be a nuisance or detriment to the public
welfare of the community. Moreover, the Parking Commission finds there is capacity in the public
parking system in the area to accommodate the 12 deficit parking spaces.
2 In addition there will be a bathroom that will be shared by other tenants of the building.
Forge and Foundry
June 5, 2018
Page 3
ALTERNATIVES
A. Approval If the City Council finds the request to be consistent with the provisions of the
Special Use Permit process, and that the deficit parking is adequately provided for in the public
parking system, then the Council could approve the Special Use Permit by adopting the attached
resolution.
B. Table If the City Council finds that the request is not complete enough to make a
determination, it could continue the review for additional information. (The statutory review
deadline is June 22, 2018. The next Council meeting is June 19, 2018.)
C. Denial If the City Council finds the request is not consistent with the provisions of the
special use permit regulations, or that the public parking system does not have the capacity to
accommodate the 12 parking space deficit, then the City Council should conceptually deny the
special use permit. A resolution memorializing findings of fact and conclusions will then be
brought to the Council for formal adoption on June 19, 2018.
RECOMMENDATION
Staff recommends approval of the Special Use Permit with the conditions in the attached
resolution.
Attachments: Resolution
Planning Commission Report
Planning Commission Minutes
Parking Mitigation Report
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING A
SPECIAL USE PERMIT
FOR A CRAFT DISTILLERY AND SAMPLING ROOM
AT 107 EAST CHESTNUT STREET
CPC CASE NO. 2018-22
WHEREAS, Andrew Mosiman and Christie Wanderer, owners of Forge and
Foundry Distillery, have submitted an application for a Special Use Permit to develop
and operate a craft distillery and sampling room at 107 East Chestnut Street on property
legally described on Exhibit A; and
WHEREAS, on May 9, 2018 the Planning Commission held a public hearing on
the request and, upon hearing testimony from the public, referred decision on the
requests to the City Council; and
WHEREAS, on June 5, 2018 the City Council heard the request and found it to be
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 approves the Special Use Permit for Forge and Foundry, with the
following conditions:
1. This Special Use Permit is in all ways a Conditional Use Permit as the term is
used in Minnesota Statue Section 462.3595.
2. Plans shall be substantially similar to those found on file with CPC Case No.
2018-22, except as modified by the conditions herein.
3. All existing and future trash receptacles shall be stored inside the building or in
an enclosed onsite trash facility, at all times with the exception of the day of trash
collection.
4. All signage and exterior alterations including, but not limited to, the installation
of garage doors, lighting and mechanical equipment shall be reviewed and
approved by the Heritage Preservation Commission prior to installation. Any
conditions attached to the Design Permit issued by the Heritage Preservation
Case No. 2018-23
Page 2 of 2
Commission for this addition are incorporated by reference into this Special Use
Permit.
5. Prior to the operation of the sampling room, the owners shall secure an on
premise license from the City Clerk’s office.
6. Building plans and site improvements will need to be approved by the City
Engineer, Fire Inspector and Building Official before the issuance of a building
permit.
7. Prior to distilling operations, the applicant shall secure state and federal permits
and licenses.
8. The parking mitigation fee (currently $10 per month per deficit space) will be
invoiced quarterly by the City. The fee is to be paid upon receipt of City invoice.
Failure to pay fees within 30 days of invoice will be certified for collection with
real estate taxes. The applicant waives any and all procedural and substantive
objections to the parking mitigation fee in-lieu of on-site parking requirements,
including but not limited to a claim that the City lacks authority to impose and
collect the fees. The applicant agrees to reimburse the City for all costs incurred
by the City in defense of enforcement of this provision.
9. All changes to the approved plans will need to be reviewed and approved by the
Community Development Director. Any major changes will need to go to the
Planning Commission for review and approval.
Enacted by the City Council of the City of Stillwater, Minnesota this 3rd day of
July, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
PLANNING COMMISSION
MEETING DATE: May 9, 2018 CASE NO.: 2018-22
APPLICANT: Andrew Mosiman and Christie Wanderer representing Forge and
Foundry Distillery
REQUEST: Consideration of a Special Use Permit to operate a craft distillery and
tasting area on the property located at 107 Chestnut Street East
ZONING: CBD-Central Business COMP PLAN DISTRICT: DMU-Downtown Mixed Use
PREPARED BY: Abbi Jo Wittman, City Planner
Figure 1: Photo via Google Maps, dated August 2017
REQUEST
The applicant is requesting the following to be located in a portion of the structure at 107
Chestnut Street East:
• A Special Use Permit for a distillery, light industrial that is clean and compatible
with surrounding properties; and
• A Special Use Permit for a tasting room, a use similar to a restaurant.
Case No. 2016-39
CPC November 9, 2016
Page 2
DETAILS
The applicant is seeking to locate a 2,472 square foot distillery and tasting room to be called
Forge and Foundry Distillery in the garage portion of the, now vacant, historic armory
located at 107 Chestnut Street East. To do this, they are requesting a Special Use Permit for
a "Light Industrial use that is clean and compatible with surrounding properties.”
Approximately 900 square feet will be dedicated to the tasting room. The tasting room
facility will allow patrons to purchase and sample the products produced onsite; as per
state regulation, the establishment will not be able to serve alcoholic products not produced
by the facility. The facility will be open to the general public, Wednesdays through Sunday,
though production will occur throughout the week. The remaining (approximately) 1,500
square feet will be dedicated to office, storage, utility, restrooms and production space.
RELEVANT BACKGROUND
The Stillwater Armory was designed by Oscar T. Lang, a well-known Minneapolis architect.
The building was constructed between 1921 and 1922 and is designated as a contributing
building to the Stillwater Commercial Historic District. The property was historically
utilized by the National Guard but has been sitting relatively vacant since the opening of
the Stillwater Readiness Center off of Highway 12. This two-bay garage addition is not
original to the Armory nor was it constructed during one of Stillwater’s pre-1946 historic
context eras.
As a reminder to the Commission, in 2016 the applicants gained SUP approval for a
distillery to be located on South 2nd Street, less than one block away. However, they were
unable to secure that location for their business. Special Use Permits are property specific;
this means that the originally issued SUP cannot simply be transferred to this property.
Each SUP proposed on any given piece of property is reviewed for conformity with City
adopted regulations and plans to ensure the public health, safety and welfare will be
maintained in this location.
The City Council adopted Ordinance No. 1090 in January 2017. It specifically addresses a
review process for all large Central Business District building projects, regardless of their
proposed use. The intent of the ordinance is to review project where a change in use of at
least 12,000 gross square feet will occur or where the project will have at least 20,000 square
feet of area. While this proposed use will be a part of a larger complex, this project does not
trigger the threshold for review of large building projects in the CBD Zoning District.
However, future changes in use to the armory will trigger the review requirement in the
future.
SPECIAL USE PERMIT APPLICABLE REGULATIONS AND STANDARDS
Municipal Code Section 31-207 indicates the following must be determined by the Planning
Commission prior to the issuance of a Special Use Permit:
Case No. 2016-39
CPC November 9, 2016
Page 3
The proposed structure or use conforms to the requirements and the intent of this (Zoning) chapter,
and of the comprehensive plan, relevant area plans and other lawful regulations.
Zoning Ordinance
Use
Both breweries and wineries have been classified as “light industrial that is clean
and compatible with surrounding properties” in the Central Business District.
The applicants have indicated the production will let off steam but no odor or
gas. Additionally, the building will be improved with two controlled AC units,
one to service the production area and another to service the tasting room.
While spent grains will be kept in sealed containers, onsite and indoors, it will be
removed greater than one time weekly.
When a tap/tasting room is also proposed, the City has determined them to be
substantially similar to a restaurant for purposes of review for compliance with
zoning regulations.
In addition to the spent grains from the production, there will be additional trash
produced onsite. The applicants have indicated trash will be kept inside the
production facility until collection day.
Both of these types of uses have operated in the Central Business District without
complaint.
Parking
The property is located within the Downtown Parking District. While there are
parking spaces to the west of the Armory building, they are not on the same site as
the garage (which is located on a separate tax parcel from the armory). There is,
however, an (approximately) 30’ wide by 36’ deep driveway and parking pad area.
The applicant has not indicate the area will be utilized for parking purposes
through, depending on a design conforming to design standards, it could
accommodate some parking. While the use is not required to have any off-street
loading facilities, this driveway and parking pad area will be utilized for all
deliveries and patron access to the business.
In short, the property does not meet all of the twelve (12) parking spaces required.
Section 31-510, Subd 1 (d)(1)i of the Zoning Chapter allows "alternative provisions"
to be applied to parking requirements when the property in question is located
within a parking district. The application has been scheduled for consideration at
the next Downtown Parking Commission meeting.
Comprehensive Plan – The Local Economy chapter of the City’s Comprehensive Plan
(Page 7-4) “encourages small locally owned businesses particularly in the downtown.”
Case No. 2016-39
CPC November 9, 2016
Page 4
Any additional conditions necessary for the public interest have been imposed; and
Staff has not identified any public interest concerns.
Exterior changes – Section 31-319 of the Stillwater City Code requires that the Heritage
Preservation Commission (HPC) conduct a design review on exterior changes, signage,
and mechanical units. The HPC has not reviewed any exterior changes. At this time,
the applicant is seeking use permit approvals to begin the local, state, and federal
licensing processes.
Miscellaneous
Plans and the use will need to be approved by the engineering, fire and building
officials before the issuance of a building permit.
The use or structure will not constitute a nuisance or be detrimental to the public welfare of the
community. Staff has determined the distillery and tasting room would not be a detriment
to the public if all distilling operations are conducted within the structure.
ALTERNATIVES
The Commission has the following options:
A. Approval: If the Planning Commission finds the Special Use Permit amendment proposal is
consistent with the provisions of the SUP process, the Commission could move to approve
the SUP with or without conditions. At a minimum, staff would recommend the following
conditions of approval:
1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used in
Minnesota Statue Section 462.3595.
2. Plans shall be substantially similar to those found on file with CPC Case No. 2018-22,
except as modified by the conditions herein
3. All existing and future trash receptacles shall be stored inside the building or in an
enclosed onsite trash facility, at all times with the exception of the day of trash
collection.
4. All signage and exterior alterations including, but not limited to, the installation of
garage doors, lighting and mechanical equipment shall be reviewed and approved
by the Heritage Preservation Commission prior to installation. Any conditions
attached to the Design Permit issued by the Heritage Preservation Commission for this
addition are incorporated by reference into this Special Use Permit.
5. Prior to the operation of the tasting room, the applicant shall secure an on premise
license from the City Clerk’s office.
6. Plans and the use will need to be approved by the engineering, fire and building
officials before the issuance of a building permit.
7. Prior to distilling operations, the applicant shall secure state and federal permits and
licenses.
8. A parking mitigation plan must be approved by the Downtown Parking Commission to
satisfy the off-street parking requirements. Any conditions attached to the parking
Case No. 2016-39
CPC November 9, 2016
Page 5
mitigation plan approved by the Downtown Parking Commission are incorporated by
reference into this Special Use Permit.
i. If the plan includes a fee-in-lieu, the fee shall be paid upon receipt of City invoice.
Failure to pay charges within 30 days will be certified for collection with the real
estate taxes with the real estate taxes in October of each year. The applicant waives
any and all procedural and substantive objections to the purchase requirement
including, but not limited to, a claim that the City lacked authority to impose and
collect the fees as a condition of approval of this permit. The applicant agrees to
reimburse the City for all costs incurred by the City in defense of enforcement of this
permit including this provision.
9. All changes to the approved plans will need to be reviewed and approved by the
Community Development Director. Any major changes will need to go to the
Planning Commission for review and approval
B. Approve in part.
C. Deny. If the CPC finds that the proposal is not consistent with the approved Special Use
Permit guidelines, then the Commission could deny the request. With a denial, the basis of
the action is required to be given. Furthermore, a denial without prejudice would prohibit
the applicant from resubmittal of a substantially similar application within one year.
D. Table. If the CPC needs additional information to make a decision, the request could be
tabled the June, 2018 meeting.
FINDINGS AND RECOMMENDATION
Staff finds that with certain conditions, the proposed use conforms to the requirements and the
intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful
regulations and will not be a nuisance or detriment to the public welfare of the community.
Therefore, staff recommends conditional approval of a Special Use Permit to operate a distillery
and tasting area on the property located at 107 Chestnut Street East.
ATTACHMENTS
Site Location Map
Narrative Request (2 pages)
Site and Floor Plan
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General Site Location
Site Location Map
107 Chestnut Street E
April 19, 2018
Stillwater Planning Commission
216 4th Street N.
Stillwater, MN 55082
Stillwater Planning Commission,
Andrew Mosiman
Christie Wanderer
13630 Paragon Ave N.
Stillwater, MN 55082
651.343.1428
Christiewanderer@yahoo.com
The Forge and Foundry Distillery (formally known as Wanderer Distilling Company)
files this application for consideration to obtain a Zoning permit to occupy, manufacture
distilled products, and operate a tasting room at ~07 E. Chestnut, Stillwater Minnesota
55082. (garage space of the Old Stillwater Armory).
We previously applied and were granted a Special Zoning permit in October 2016
(case no: 2016-39) under Wanderer Distilling Company. We changed our name due to
another Distillery in Minnesota called Wander North Distillery. We are requesting a new
Zoning permit as we have changed locations to two blocks away.
Forge and Foundry Distillery will be a craft small batch distillery run by husband and
wife team Andrew Mosiman and Christie Wanderer.
Forge and Foundry Distillery will produce and distill premium alcohol spirits including:
vodka, rum, gin, and whiskey. We will use an American built custom still utilizing batch
distillation to produce hand crafted quality spirits. Our process will use locally-sourced
supplies and grains (as much as possible) to manufacture our products. We plan to
emphasis "buy local" by educating our customers on the distilling process and giving
them knowledge on how their distilled products are manufactured with local
ingredients.
The Distillery will provide tours to visitors, Fridays and Saturdays only, to demonstrate
the distilling process of grain to bottle handcrafted spirits. The hour long tour will be
lead by Andrew Mosiman, Head Distiller, who will describe the grain to bottle process
and explain where our local grains come from and how they are turned into spirits.
Tours will provide small tastings of spirit runs in production.
In addition, the front part of the building will house a tasting room providing cocktails
highlighting Forge and Foundry spirits. The tasting room will be open Wednesday (4
Excerpt of draft minutes for Planning Commission meeting of May 9, 2018
Case No. 2018-22: Consideration of a Special Use Permit to operate a distillery and tasting area
on the property located at 107 Chestnut Street East, in the CBD district. State of MN Department
of Military Affairs, property owner and Andrew Mosiman and Christie Wanderer, applicants
City Planner Wittman stated that the applicants are requesting a Special Use Permit for a
distillery and a Special Use Permit for a tasting room to be located in a portion of the
structure at 107 Chestnut Street East, previously used as the armory garage. Staff finds that
with certain conditions, the proposed use conforms to the requirements and the intent of the
Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and
will not be a nuisance or detriment to the public welfare of the community. Therefore, staff
recommends approval with nine conditions.
Commissioner Siess asked if the business will use any part of the armory building. Ms.
Wittman said the distillery will have exclusive use of a bathroom and a bunker room that are
in the old armory portion. The bunker room, to be used as an office, is accessed only from
the garage portion of the armory.
Commissioner Hansen asked about parking and whether the applicants will use any of the
driveway in front of the garage for off-street parking. Ms. Wittman said there is some
parking along the west side of the building. The driveway area in front of the garage doesn’t
meet design standards for parking. The Commission could request that the existing driveway
be maximized for off-street parking as a component of the parking mitigation plan.
Christie Wanderer, applicant, 13630 Paragon Avenue North, said the name of the business
and the proposed location have changed since a Special Use Permit was granted in 2016 for a
nearby location. This site is more cost effective and is tall enough to allow a 16 foot still. The
garage building will be split in half between production and tasting room. They will only be
allowed to serve what they make on the premises. They have no intention of selling food.
Commissioner Siess asked for Ms. Wanderer’s opinion of the parking situation. Ms.
Wanderer said she understands there is no parking on the site but also does not understand
how Stillwater can grow as a community if it does not allow people to open new businesses
without having to mitigate parking. She said it seems like the City penalizes new businesses,
whereas existing businesses don’t have to pay into the parking system.
Chairman Collins opened the public hearing. There were no public comments. The public
hearing was closed.
Commissioner Siess said that she has an issue with the lack of parking and that 12 spaces is a
lot of parking to have to mitigate. She pointed out that residents have trouble finding parking
downtown. She would like to know how much parking current downtown businesses use.
Commissioner Hansen said he supports the concept but feels the armory is shooting itself in
the foot because this is “the” parking area. If all of it is eliminated that leaves no parking
options for other additional uses for the building. He would like to know how downtown
parking requirements are calculated. He too has trouble finding parking downtown.
City Planner Wittman stated that City staff is in discussion with future owners of the armory
about a parking solution and has had conversations with almost every other property owner
on this block. The City is looking at the need to construct more parking downtown. There are
a lot of challenges with the sale of the armory. It’s a large building and it takes time to figure
out the best use. It is still being worked out by potential purchasers.
Commissioner Siess recalled that after significant pushback on parking, the Crosby Hotel
reconfigured their parking. Ms. Wittman explained that the hotel agreed to build a parking
deck for the City instead of being allowed to just use the City’s parking.
Commissioner Lauer commented that he likes the idea of the distillery and finds it difficult to
deny the use based on parking as the sole factor, however he agrees that parking needs to be
addressed.
Commissioner Hansen said this might be worth discussing with the Council at the joint
meeting.
Ms. Wittman pointed out that the Commission may make recommendations to the Council
for code amendments, and also may defer any action to the City Council.
Commissioner Hansen he is concerned about the parking but also the use of the armory.
Therefore he thinks the Council could speak to it better than the Planning Commission could,
with a larger overview of the issue.
Commissioner Fletcher said she does not have the same concern about the armory itself. She
does not want to hold up this business due to a larger, city-wide parking concern.
Commissioner Siess said she views her role as Commissioner is to look at what is best for
Stillwater.
City Planner Wittman stated that the earliest this case would be on the Council agenda would
be June 5. The applicant could still go to the DTPC which meets next week.
Motion by Commissioner Hansen, seconded by Commissioner Siess, to refer to the City Council
Case No. 2018-22, Special Use Permit to operate a distillery and tasting area on the property
located at 107 Chestnut Street East, due to the proposal’s impact on the the parking system and
the use of the armory as a whole although the use is acceptable in the CBD. Motion passed 3-2
with Commissioners Fletcher and Lauer voting nay.
Commissioners Lauer and Fletcher stated that their nay votes were not to be construed as
being against this particular use.
DOWNTOWN PARKING COMMISSION
DATE: May 10, 2018
TOPIC: Downtown parking mitigation totals
FROM: Bill Turnblad, Community Development Director
BACKGROUND
The old armory building will likely need off-site parking in order for it to be renovated for a new
use. To aid the Parking Commission in its consideration of the proposed distillery portion of the
building, staff has calculated the total number of parking spaces that have been approved for
Downtown business mitigation plans. And, what percentage that represents of the total public
spaces in the Downtown parking system.
And in order to create a more realistic picture of available parking in the downtown area during
peak demand periods, private parking lot spaces and number of downtown residential units are
also presented for your consideration. The number of business parking permits being sold is not
included in this consideration, because they do not compete for peak parking demand spaces.
DATA
Table 1 – Mitigation Spaces
Spaces % of total1
Currently invoiced: off-season months 2312 12.9%
Currently invoiced: warm season months 272 15.2%
Current + approved, not yet operating: off-season 258 14.4%
Current + approved, not yet operating: warm season 299 16.7%
Table 2 – Public Parking Spaces
Lot number Total spaces
1 98
2 84
3 33
4 29
5 7
6 16
7 16
8a 51
8b 75
1 1,791 spaces, excluding the 51 publicly owned spaces in Lot 8a (“River Market” Lot)
2 Including 52 for JX Event Center, though the entire building is not yet leased out
Parking mitigation
Page 2
9 30
10 48
11 45
12 101
13 23
14 8
15 13
16 47
17 97
18 60
19 75
20 22
Sub-total 978
Ramp 248
Marked Street 468
Unmarked Street 148
Total 1842
Total public spaces = 1,791 (1,842 if the 51 spaces leased by River Market are included. And once
the public parking deck is completed by The Crosby Hotel, there will be a net gain of 21 more
public parking spaces3. The total then without 8a will be 1,812.)
Table 3 – Residential units downtown
Facility Units Parking provided Deficit
The Lofts 99 132 0
Terra Springs 175 4264 0
Rivertown
Commons
96 295 15
Mills on Main 98 1966 0
Other units 40 07 40
Totals 508 783 55
Table 4 – Mitigation and deficit residential parking
Spaces % of total8
Currently invoiced: off-season months + deficit residential 2869 16.0%
Currently invoiced: warm season months 327 18.3%
Current + approved, not yet operating: off-season 313 17.5%
Current + approved, not yet operating: warm season 354 19.8%
3 52 space parking deck minus the number of surface spaces there were previously available in Lots 13 and 14, which
was 31.
4 This includes spaces for commercial uses as well as residential.
5 Most Rivertown Commons residents do not own vehicles. Still, the 29 spaces provided does not meet the needs of
the residents and visitors. 15 spaces in the city parking ramp are assigned to the residents by permit.
6 This does not include the 73 spaces assigned to the commercial property.
7 It is assumed that these 40 units do not have on-site parking. Though, on rare occasions they do.
8 Not including the 51 publicly owned spaces in Lot 8a (“River Market” Lot)
9 Including 52 for JX Event Center, though the entire building is not yet leased out
Parking mitigation
Page 3
Table 4 shows total maximum impact of all mitigation spaces and deficit residential spaces. This
assumes that all mitigation parking spots are used at one time, and that all deficit residential
parking spaces are provided by public parking lots. But, we know that some owners of
residential property have leases with downtown property owners who have private parking lots.
Table 5
Private parking spaces downtown (not including residential facilities):
Lots with +25 spaces
Property Spaces
Dock Café 32
Freight House 32
Us Bank 28
Cub 60
Water Street Inn 64
Maple Island Brewing 31
The Crosby 4910
Downtown marina, all uses 68
Desch office building 106
Zephyr Theater 51
Brick Alley/Commander 50
Scattered smaller lots 607
Total 1,178
The total number of private spaces in the downtown parking district is 1,961. This number
includes both commercial and residential surface and garage spaces. With 1,842 public parking
spaces, the downtown parking system has 3,803 spaces. This number will grow to 3,824 when
the Crosby is completed this year.
bt
10 Does not include the 52 spaces on the public parking deck above the 49 space surface parking lot.
CITY OF STILLWATER
COUNTY OF WASHINGTON
STATE OF MINNESOTA
Council member _____________ introduced the following resolution and moved its adoption:
RESOLUTION NO. ______
RESOLUTION AUTHORIZING TRANSFER AND POSSESSION BY
“QUICK TAKE”.
WHEREAS, on June 19th, 2018 the City Council authorized Eminent Domain to acquire
a parcel needed for public parking, and
WHEREAS, it is in the public interest that the parking be acquired as soon as reasonably
possible,
NOW, THEREFORE, be it resolved that the city attorney is hereby authorized to use the
procedure as set out in Minnesota Statutes § 117.042, should it appear necessary to take title and
possession of the land prior to the filing of an award by the court appointed commissioners.
Enacted by the City Council this 3rd day of July, 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
AGENDA
CITY COUNCIL MEETING
July 3, 2018
REGULAR MEETING 4:30 P.M.
RECESSED MEETING 7:00 P.M.
4:30 P.M. AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. GreenStep Cities discussion
2. Insurance Workgroup Update and possible approval of resolutions for Employee Basic Life
Insurance Policy and Employee Ancillary Insurances (2 Resolutions – Roll Call)
3. Recommendation on City Attorney Civil & Prosecutorial Services (2 Resolutions – Roll Call)
IV. STAFF REPORTS
4. Police Chief
5. Fire Chief
6. City Clerk
7. Community Development Dir.
8. Public Works Dir.
9. Finance Director
10. City Attorney
11. City Administrator
7:00 P.M. AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
12. Possible approval of the June 19, 2018 regular meeting minutes and January 26, 2018 Special
Meeting minutes (available Tuesday).
IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
X. OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not
a part of the meeting agenda. The Council may take action or reply at the time of the statement
or may give direction to staff regarding investigation of the concerns expressed. Out of respect
for others in attendance, please limit your comments to 5 minutes or less.
XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be
routine by the city council AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO
SEPARATE DISCUSSION ON THESE ITEMS UNLESS A COUNCIL MEMBER OR CITIZEN SO REQUESTS,
IN WHICH EVENT, THE ITEMS WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
13. Resolution 2018-137, directing payment of bills (Available Tuesday)
14. Resolution 2018-138, resolution for State Grant Assistance for St. Croix Riverbank Restoration and
Walkway
15. Resolution 2018-139, approval of access agreement (barge use) agreement with Kraemer
Construction
16. Resolution 2018-140, appointment of Jonathan Baller to the Traffic Safety Committee
17. Resolution 2018-141, approval of 2018 Lumberjack Days Agreement
XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
18. Case 2017-68. This is the date and time for a public hearing to reconsider a request by Michael
McGrath, property owner for the reconsideration of a Zoning Text Amendment to allow retail use in
the BP-I district by Special Use Permit for the property located at 1815 Greeley St S in the BP-I
District. PID3303020320003. Notices were mailed to affected property owners and published in the
Stillwater Gazette on May 25, 2018. (Tabled from June 19, 2018 meeting).
19. Case 2018-29. This is the date and time for a public hearing to consider a request by Craig
Wahlquist, property owner and Dan Thurmes, applicant to approve a Preliminary Plat and Zoning
Classification Amendment that would rezone and subdivide the single lot into three lots. Property
located at 7990 Neal Ave N in the AP district. PID 3003020110007. Notices were mailed to affected
property owners and published in the Stillwater Gazette on June 1, 2018. (Ordinance – 1st Reading
- Resolution – Roll Call)
20. Case 2018-27. This is the date and time to consider a request by Bill Turnblad, representing the
City of Stillwater, for a Zoning Ordinance Amendment that would allow outside events in the PA,
Public Administration/Institutional Zoning District by Special Use Permit. Also, if the Ordinance is
approved, consider a Special Use permit for the Stillwater Public Library to hold outside events.
Property located at 224 3rd St N in the. PID 2803020130151. Notices mailed to affected property
owners and published in the Stillwater Gazette on June 1, 2018. (Ordinance – 1st reading – Roll Call)
21. Case 2018-14. This is the date and time for 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 31-512: 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. Notice was published in the Stillwater Gazette on
March 30, 2018. (1st Reading of Ordinance – Roll Call) (Tabled from June 5, 20218 meeting).
XIII. UNFINISHED BUSINESS
22. Possible approval of the second reading an ordinance amending Chapter 30 of the City Code, entitled
Garbage and Rubbish and adoption of resolution amending Resolution 2018-022, 2018 fee schedule
for licensing of haulers and providers of roll off containers (Ordinance – 2nd Reading & Resolution -
Roll Call)
23. Request by Forge & Foundry Distillery request for a Special Use Permit in the Old Armory. Referred
by Planning Commission. (Tabled from June 5, 2018 meeting.) (Available Tuesday)
24. Discussion on Mills on Main commercial garage
25. Possible approval of bids for the 3rd Street Improvement project (Resolution – Roll Call)
XIV. NEW BUSINESS
26. Possible approval of Old Armory parking agreement (Resolution – Roll Call) (Available Tuesday)
27. Request by Washington County to waive parking reservation fee for 3rd Street reconstruction project
XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XVI. COMMUNICATIONS/REQUESTS
XVII. COUNCIL REQUEST ITEMS
XVIII. STAFF REPORTS (CONTINUED)
XIX. ADJOURNMENT
CITY COUNCIL
DATE: June 28, 2018
TO: Mayor & Council Members
REQUEST: Consider including becoming a GreenStep city in the
2040 Comprehensive Plan
FROM: Bill Turnblad, Community Development Director
INTRODUCTION
The 2040 Comprehensive Plan Advisory Committee would like to include becoming a
GreenStep City in the new Comprehensive Plan. Becoming a GreenStep City would require the
dedication of human and other resources. The magnitude of resources would increase depending
upon which of several levels of commitment are chosen.
Therefore, city staff requests City Council deliberation prior to establishing the level of
commitment, or for that matter, deciding whether the city should even pursue GreenStep City
status.
WHAT IS A GREENSTEP CITY?
According to the program’s website (https://greenstep.pca.state.mn.us/index.cfm):
Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program
to help cities achieve their sustainability and quality-of-life goals. This free continuous
improvement program, managed by a public-private partnership, is based upon 29 best
practices. Each best practice can be implemented by completing one or more actions at a
1, 2 or 3-star level, from a list of four to eight actions. These actions are tailored to all
Minnesota cities, focus on cost savings and energy use reduction, and encourage civic
innovation.
Details of the various aspects of the program are explained in the attachments.
Page 2 of 2
WHAT ARE THE COSTS?
The costs of the program will depend upon the city’s level of commitment. These levels of
commitment are referred to as “steps” in the attached program materials. The program includes
five steps. A Step One City requires no more commitment than passing a resolution to work on
implementing the program’s best practices. Clearly this has a low impact upon public and
private resources.
A Step Two City of our status would be required to implement 8 of the program’s 29 best
practices. Some of these the city is already implementing, others would need work, some
considerable work.
A Step Three City of our status would be required to implement 16 best practices.
ACTION REQUESTED
City staff and the Comprehensive Plan Advisory Committee request the Council to consider
entering into the program. Staff believes that with current resource levels setting a Step Two
City goal is manageable.
bt
Minnesota GreenStep Cities grew out of a report to the 2009 Legislature. The program is governed by a public-private partnership of
state agencies and non-governmental organizations and is led by the MPCA.
GreenStep Cities is a free assistance program for all Minnesota cities that supports and
recognizes implementation of 29 sustainability best practices.
The best practices focus on cost savings, quality of life and energy use reductions that encourage a culture of
innovation. As of July 2018, 119 cities (and three Tribal Nations), large and small, encompassing over 44% of
the state’s population, have joined and been recognized as Step One cities in this voluntary program, which
was launched by the League of Minnesota Cities at their June 2010 conference.
Cities that implement a minimum number of best practices within the five categories below will be recognized
as Step Two and Step Three GreenStep cities. Each best practice can be implemented by completing one or
more specific actions from a list of four to eight actions. A city’s accomplishments are listed and recognized on
the GreenStep website. Measuring city performance metrics will garner Step Four & Step Five recognition.
Visit www.MnGreenStep.org to learn more about this program, to see what cities have accomplished, and to
understand how your city can become involved.
GreenStep’s 29 Best Practices
Buildings and Lighting
1. Efficient Existing Public Buildings: Benchmark energy usage, identify savings
opportunities, and work with utilities and others to implement cost-effective energy and
sustainability improvements.
2. Efficient Existing Private Buildings: Provide incentives for energy, water and sustainability
improvements in existing buildings and building sites.
3. New Green Buildings: Construct new buildings to meet or qualify under a green building framework.
4. Efficient Outdoor Lighting and Signals: Improve the efficiency of public lighting and signals.
5. Building Reuse: Create economic and regulatory incentives for redeveloping and repurposing existing
buildings before building new.
Land Use
6. Comprehensive Plans: Adopt a Comprehensive Plan and tie regulatory ordinances to it.
7. Resilient City Growth: Promote financial and environmental sustainability by enabling and
encouraging higher density housing and commercial land use.
8. Mixed Uses: Develop efficient and healthy land patterns that generate community wealth.
9. Efficient Highway- and Auto-Oriented Development: Adopt commercial development and design
standards for auto-oriented development corridors and clusters.
10. Natural Resource Conservation Design: Adopt development ordinances or processes that protect natural
systems and valued community assets.
Transportation
11. Living Streets: Create a network of green complete streets that improves city quality of life
and adds value to surrounding properties.
12. Mobility Options: Promote active living and alternatives to single-occupancy car travel.
13. Efficient City Fleets: Implement a city fleet investment, operations and maintenance plan.
14. Demand-Side Travel Planning: Implement Travel Demand Management and Transit-Oriented Design in
service of a more walkable city.
Environmental Management
15. Sustainable Purchasing: Adopt environmentally preferable purchasing practices and policies.
16. Urban Forests: Add city tree and plant cover that increases community health, wealth and quality of life.
17. Stormwater Management: Minimize the volume of and pollutants in rainwater runoff by maximizing
green infrastructure.
18. Parks and Trails: Support active lifestyles and property values by enhancing green
infrastructure.
19. Surface Water Quality: Improve local water bodies to sustain their long-term ecological
function and community benefits.
20. Efficient Water and Wastewater Systems: Assess and improve drinking water and wastewater systems
and related facilities.
21. Septic Systems: Implement an effective management program for decentralized wastewater systems.
22. Solid Waste Reduction: Increase waste reduction, reuse and recycling.
23. Local Air Quality: Prevent generation of local air contaminants to improve community health.
Economic and Community Development
24. Benchmarks & Community Engagement: Adopt outcome measures for GreenStep and other city
sustainability efforts, and engage community members in ongoing education, discussion, and campaigns.
25. Green Business Development: Support expansion of a greener, more resilient business sector.
26. Renewable Energy: Remove barriers to and encourage installation of renewable
energy generation capacity.
27. Local Food: Strengthen local food and fiber production and access.
28. Business Synergies: Network/cluster businesses to achieve better energy, economic
and environmental outcomes.
29. Climate Adaptation & Community Resilience: Plan and prepare for extreme weather,
adapt to changing climatic conditions, and foster stronger community connectedness and social and
economic vitality.
What are the benefits of joining the GreenStep program and implementing its best
practices?
The answers to this question will be different for different cities, but here are the key points we have heard from
GreenStep cities and around which we have designed the program. The GreenStep Cities program:
Reaches all areas of the state with 119 MN cities and 3 Tribal Nations, encompassing
44% of the state’s population, 28% which are conservative leaning communities.
Is a continuous improvement pathway for cities to "go green," becoming more
sustainable and resilient. Information on and an Advisor for how to complete 170
actions is continuously updated with Minnesota-specific information.
Will save city staff time in researching proven, cost-effective actions for cutting energy
use, decreasing the city's carbon footprint, and accomplishing other sustainability goals
that exceed regulatory requirements.
Will save cities money and deliver a stream of multiple environmental, social and
financial benefits; will help cities explore how to spend the same amount of money
smarter. All information is free and available to anyone on the website.
Is a home-grown, independent program tailored to Minnesota cities and provides maximum flexibility and choice in how to
implement a proven best practice.
Provides over 3,000 reports on how Minnesota cities are taking action, making it easy to learn from and contact peer cities so as
to jump-start actions in your own city.
Opens up special opportunities for funding and technical assistance, available mostly to GreenStep cities and positions a city to
more easily apply for competitive grant and assistance programs.
Maps out how to follow-through on the various commitments
cities may have made, such as the U.S. Mayors Climate
Protection Agreement, signed by over 40 Minnesota cities, and
on the Minnesota Legislature's aggressive Next Generation
Energy Act.
Provides leadership and action roles for community
members, businesses and schools/institutions so as to stretch
limited city funds and strengthen a civic culture of engagement
and innovation.
Continuously prompts program participants – like an exercise
coach would! – to maximize opportunities to accelerate
sustainability actions.
Connects state, non-profit, and institutional resources to the needs of MN communities.
Provides public recognition of the good work being done by Minnesota cities, with over 3,694 actions completed to date.
0
500
1000
1500
2000
2500
3000
3500
4000
Best Practice Actions Completed
actions @ 3-
star/best level
actions @ 2-
star/better level
actions @ 1-
star/good level
What recognition is there for a GreenStep City?
Annual peer recognition at the June conference of the League of
Minnesota Cities.
Annual $1,000 LMC/GSC Sustainable City Award.
Your city's accomplishments will be visible on the GreenStep web
site, the most comprehensive web site in Minnesota devoted to city
sustainability.
Artwork and recognition materials (logos, sample press releases).
Five steps of recognition:
o Step One: for cities that have passed a city council resolution to work on implementing best practices of their own choice and at
their own pace.
o Step Two: for cities that have implemented any 4, 6 or 8 best practices (depending on city Category/city capacity).
o Step Three: for cities that have implemented an additional 4, 6 or 8 best practices (depending on city Category) and completed a
handful of specific high-impact actions – this can take between one and a few years.
o Step Four: for cities that report (by May 1st), for the previous calendar year, between 7 and 10 core city performance metrics
and 5, 3, or no (depending on city Category) additional metrics of their choice.
o Step Five: for cities that report improvement in a minimum number of metrics.
0
20
40
60
80
100
120
140
2011 2012 2013 2014 2015 2016 2017 2018
City Recognition Status
Cities @ Step 5
Cities @ Step 4
Cities @ Step 3
Cities @ Step 2
Cities @ Step 1
Mission:GreenStep Cities is a free and voluntary program that provides a simple pathway
to help cities achieve their sustainability goals through implementation of best practices
focused on cost savings, energy use reduction, and innovation.
What are the benefits?l Resilient communitieslEfficient use of resourceslHealthier environmentslActive community members
What are the best practices?
A full set of 29 best practices,
organized into the following categories,
is available on the program website at
www.mnGreenStep.org.
l Buildings & Lighting:Focuses on energy- and cost-saving strategies addressing public and
private buildings, and other city facilities such as street lighting and traffic signals.
l Transportation:Encourages efficient city vehicle fleets and infrastructure that enhances
connectivity, mobility options, and active living.
l Land Use:Provides best practices to promote green infrastructure, natural resource
preservation, efficient city growth, and walkable and bikeable neighborhoods.
l Environmental Management:Tackles actions ranging from environmentally-preferable
purchasing and urban forests to water quality and solid waste.
l Economic & Community Development:Targets best practices that promote community
resiliency, sustainable economic development and engage local community members to
improve quality of life.
www.mnGreenStep.org
Taking action with proven best practices
Need a roadmap? Take a look at GreenStep Cities.
A gathering of Minnesota GreenStep Cities in 2017
A simple and flexible program
The best practices are straightforward and draw on
actions that other cities have already taken. Best
practices are constructed to allow cities the flexibility
to meet sustainability goals in a variety of ways,
recognizing that cities of different sizes and locales
have differing access to both staff support and
resources. Recognition criteria for a small city in
Greater Minnesota, for example, are different than
criteria for a larger city near a major metro area.
Technical assistance to take action
Each best practice lists a GreenStep Advisor—with
specific contact information—who can help guide
a city through implementing that best practice.
Additional technical assistance options include
workshops, agency staff, Clean Energy Resource
Teams, nonprofit groups, Americorps, utilities,
businesses, retired engineers, and student interns.
Recognition for past actions
Cities will be recognized for sustainability actions that they have already completed. Every year
cities are recognized for their progress at the League of Minnesota Cities Annual Conference.
Step One recognizes cities for formally joining the program through a city resolution. Cities that
implement a minimum number of best practices of their choice will be recognized as Step Two
Cities. Completion of a few high-priority actions merits Step Three recognition. Measuring city
performance metrics will garner Step Four and Step Five recognition.
Program Partners:
www.mnGreenStep.org
Learn more & get started today at www.mnGreenStep.org!
Over 45% of Minnesotans live
in a Minnesota GreenStep City
TO: Mayor and City Council Members
FROM: Tom McCarty, City Administrator
DATE: June 29, 2018
SUBJECT: Employee Basic Life Insurance Policy
BACKGROUND
The City of Stillwater currently provides its employees with a $20,000 basic life insurance policy
benefit.at a cost of $5,875 in 2018. In order to determine competitive price comparisons, the
City’s Labor-Management Insurance Work Group, with the assistance of CBIZ, the City’s
insurance consultant, solicited bid proposals from the market for an employee basic life insurance
policy. Its current agency provider, Ochs, Inc., responded, as did National Joint Powers Alliance
(NJPA), Mutual of Omaha and Unum.
The City evaluated proposals and determined the proposal of Lincoln Financial, the carrier
underwriting the policy as part of the NJPA trust represented by Integrity Benefits, LLC, was in
the best interest of the City. Its Lincoln Financial employee basic life insurance premium rate is a
decrease of 25% percent when compared to the current premium rates from National Municipal
Pool underwritten by Securian and represented by Ochs, Inc. The City can provide a $30,000
employee basic life insurance policy for a lower total annual premium of $4,363 compared to the
current $20,000 policy costing $5,875. Further, the Lincoln Financial proposal guarantees the
rate for 36 months.
Therefore, the City recommends increasing its employee basic life insurance policy from $20,000
to $30,000 effective September 1, 2018, through Lincoln Financial as part of the NJPA trust
represented by Integrity Benefits, LLC, at an annual cost of $4,363.
RECOMMENDATION
Staff recommends adoption of the resolution entitled, “Approving Life Insurance Policy Effective
September 1, 2018.”
APPROVING CITY OF STILLWATER EMPLOYEE BASIC LIFE INSURANCE POLICY
EFFECTIVE SEPTEMBER 1, 2018
WHEREAS, the City of Stillwater Labor-Management Insurance Work Group has spent
the past six months reviewing the current Insurance products available to City employees; and,
WHEREAS, in order to review the insurance market for competitive pricing for insurance
products for City employees, the Insurance Work Group involved CBIZ, the City’s insurance
consultant to assist in developing an RFP for employee insurance products including the City
provided employee basic life insurance policy; and,
WHEREAS, responses to the RFP for basic employee life insurance were evaluated and
the top firms were interviewed by the Insurance Work Group; and
WHEREAS, the City received quotes for the provision of City paid employee basic life
insurance policy for higher coverage amounts at less cost to the City than the current basic life
insurance policy of $20,000 coverage costing $5,875 in 2018.
WHEREAS, based upon an evaluation of the proposals and quotes received in response
to the RFP, and interviews with the top firms, the Insurance Work Group recommends that the
City Council accept the proposal from Lincoln Financial, the carrier underwriting the policy as
part of the National Joint Powers Alliance (NJPA) represented by Integrity Benefits, LLC, for
provision of basic life insurance policy benefit in the amount of $30,000 per employee at an
annual cost of $4,363 guaranteed for 36 months.
NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater,
Minnesota, that the City provided employee basic life insurance be increased to a $30,000
policy effective September 1, 2018, with Integrity Benefits, LLC, who represents Lincoln
Financial as part of the National Joint Powers Alliance (NJPA) trust at an annual cost of $4,373
guaranteed for 36 months.
BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor
and City Clerk to sign the agreement.
Adopted by the City Council of the City of Stillwater this 3 rd day of July, 2018.
______________________________
Ted Kozlowski, Mayor
ATTEST:
________________________________
Diane F. Ward, City Clerk
ACCEPTING THE PROPOSAL OF LEVANDER, GILLEN & MILLER P.A. FOR PROVISION
OF CIVIL LEGAL SERVICES FOR THE CITY OF STILLWATER
EFFECTIVE AUGUST 1, 2018
WHEREAS, the current city attorney for the City of Stillwater is retiring after 40 years of
service for the City of Stillwater; and,
WHEREAS, the City issued an RFP for the Provision of Civil Legal Services for the City of
Stillwater on May 22, 2018 and the City received seven responses to the RFP from law firms
within the region; and,
WHEREAS, the RFP responses were evaluated and the top firms were invited for an
interview process with City’s Selection Committee; and
WHEREAS, based upon the RFP proposal submitted and the results of the interview
process, the Selection Committee recommends accepting the proposal of LeVander, Gillen
& Miller, P.A. for the provision of civil legal services for the City of Stillwater effective August
1, 2018 as being in the best interests of the City; and,
WHEREAS, the Selection Committee also recommends the City Council authorize a
transition period with LeVander, Gillen & Miller, P.A. from July 16 – July 31, 2018 to allow
for communication and meetings with staff regarding current files, projects, cases and
protocols that may need to be reviewed prior to formal effective start date of August 1, 2018.
NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the
City accepts the proposal of LeVander, Gillen & Miller P.A. for provision of civil legal services
for the City of Stillwater effective August 1, 2018 at an annual retainer cost of $75,000 for
three years, authorizes a transition period agreement with LeVander, Gillen & Miller P.A.
from July 16 – July 31, 2018 and authorizes the City Administrator to finalize contract
language and transition period agreement language between the City of Stillwater and
LeVander, Gillen & Miller, P.A..
BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City
Clerk to sign the transition period agreement and Contract.
Adopted by the City Council of the City of Stillwater this 3rd day of July, 2018.
_______________________________________
Ted Kozlowski, Mayor
ATTEST:
_______________________________________
Diane F. Ward, City Clerk
ACCEPTING THE PROPOSAL OF KELLY & LEMMONS P.A. FOR PROVISION OF
CRIMINAL PROSECUTORIAL LEGAL SERVICES FOR THE CITY OF STILLWATER
EFFECTIVE AUGUST 1, 2018
WHEREAS, the current city attorney for the City of Stillwater is retiring after 40 years
of service for the City of Stillwater; and,
WHEREAS, the City issued an RFP for the Provision of Criminal Prosecutorial Legal
Services for the City of Stillwater on May 22, 2018 and the City received five responses to
the RFP from law firms within the region; and,
WHEREAS, the RFP responses were evaluated and the top firms were invited for an
interview process with City’s Selection Committee; and
WHEREAS, based upon the RFP proposal submitted and the results of the interview
process, the Selection Committee recommends accepting the proposal of Kelly &
Lemmons, P.A. for the provision of criminal prosecutorial legal services for the City of
Stillwater effective August 1, 2018 as being in the best interests of the City; and,
WHEREAS, the Selection Committee also recommends the City Council authorize a
transition period with Kelly & Lemmons, P.A. from July 16 – July 31, 2018 to allow for
communication and meetings with staff regarding current files, cases and protocols that
may need to be reviewed prior to formal effective start date of August 1, 2018.
NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, Minnesota,
that the City accepts the proposal of Kelly & Lemmons P.A. for provision of criminal
prosecutorial legal services for the City of Stillwater effective August 1, 2018 at an annual
retainer cost of $99,996 for three years, authorizes a transition period agreement with
Kelly & Lemmons P.A. from July 16 – July 31, 2018 and authorizes the City Administrator
to finalize contract language and transition period agreement language between the City
of Stillwater and Kelly & Lemmons, P.A..
BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor
and City Clerk to sign the transition period agreement and a Contract.
Adopted by the City Council of the City of Stillwater this 3 rd day of July, 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
CITY COUNCIL MEETING MINUTES
June 19, 2018
REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:04 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
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 corrected minutes of the June 5, 2018 regular, recessed and closed session
meeting
Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the corrected
minutes of the June 5, 2018 regular, recessed and closed meeting. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
There were no petitions, individuals, delegations or commendations.
OPEN FORUM
Calvin Jones, 954 Northland Court, director of the Stillwater Area High School Mountain Bike
Team and chairman of Stillwater Area Scholastic Cycling Associates, reviewed the activities of
the team. It is comprised of 7th through 12th grade students. They are the 2017A High School
Champions. He asked community members who are interested in riding to come out and help
maintain the trails.
Steph Beedle, and others representing Valley Ridge Mall, requested that the Council consider
allowing a digital electronic LED sign.
The property manager of Valley Ridge Mall stated the mall would like more exposure for its 24
tenants.
One of the representatives informed the Council that the electronic signs use a Cloud-based
system so they can rotate every minute and can be pre-programmed a week in advance.
City Council Meeting June 19, 2017
Page 2 of 12
Community Development Director Turnblad stated the present ordinance prohibits electronic
messaging. Rewriting the ordinance would require consideration of issues like size, locations and
speeds at which messages change.
Councilmember Menikheim suggested the City needs to catch up with the times on allowable
signage.
JoAnn Grundhauser assured the Council tenants would want the sign to be professional and nice
looking.
Councilmember Weidner remarked this is a City-wide issue and that if electronic signs are
allowed, it could be difficult to control the quality of the signs unless specifically addressed in
design and location.
Community Development Director Turnblad commented the Council would need to get input
from businesses and others. Mr. Turnblad continued by stating that the review of the signage
ordinance and electronic messaging signs is in the Department’s work plan for 2018 but is not
high priority. However, he has researched electronic messaging centers in other cities and if the
Council wishes to revise the ordinance for the Public Administration Zoning district, the business
park office and commercial areas, the Planning Commission would hold a public hearing and it
would come before the Council for two readings of an ordinance.
Steve Meister, 901 South Fourth Street, thanked the Council for installing lights on top of the stop
signs at Fourth and Churchill. He read his letter for the record, stating that bicyclists often seem
to fly through the intersection without stopping at all. He has received rude comments from them
when he tried to address it. He asked the City to enforce traffic rules for bicyclists.
STAFF REPORTS
Police Chief Gannaway noted that a narcotics arrest was made by other jurisdictions on North
Third Street. Staff is identifying the residence as a potential problem property.
Councilmember Menikheim stated he is getting reports of the Freight House being open as late as
2 a.m. on Saturdays. He asked Chief Gannaway to check it out. Mayor Kozlowski stated he talked
to the new manager, who indicated he was unaware that amplified music was not allowed until 2
a.m.
Mayor Kozlowski thanked Chief Gannaway for cleaning up the Pedestrian Plaza downtown.
City Clerk Ward reported that there will be a meeting June 21st at the Fire Department/Armory
regarding their strategic plan. On June 26, the Council will meet with the Planning Commission.
Community Development Director Turnblad stated there was a Minar neighborhood meeting last
Thursday about development scenarios for the area.
Public Works Director Sanders informed the Council that the river is rising which may impact
Fourth of July activities. Staff will meet about it next week.
Councilmember Polehna asked if there is a plan to correct problems by the Liberty ice rink. Mr.
Sanders replied the area will be restored. Staff is looking at building a hockey-size rink in
Bergmann Park which should cut down on the requests for small neighborhood rinks.
Councilmember Polehna reported there have been hate brochures distributed around Stillwater.
City Attorney Magnuson requested to send the brochures to him and he will meet with Chief
City Council Meeting June 19, 2017
Page 3 of 12
Gannaway to determine whether it’s protected speech or hate speech and if it violates a law or
rule.
City Administrator McCarty informed the Council that proposals for legal services are due this
Friday, interviews will be held next week, and staff will bring a recommendation to the Council
July 3. City Attorney Magnuson is retiring on July 31. He also reminded the Council of the
following: the League of Minnesota Cities Annual Conference June 20-22 in St. Cloud; the St.
Croix Valley Watershed Partners Workshop on the Water July 11; National Pollinator Week June
19-24. He stated that the resolution requesting a Slow No Wake Zone has been forwarded to
Minnesota Department of Natural Resources which acknowledged receipt. They will advise the
City of the next steps. The 2019 budget process is underway. City staff are working with the
County for BOLD emergency operations planning and training.
CONSENT AGENDA
Resolution 2018-128, Directing the Payment of Bills
Resolution 2018-129, resolution assessing transportation adequacy fees for Boutwell Farm
Resolution 2018-130, resolution assessing transportation adequacy fees for Nottingham Village
Resolution 2018-131, resolution assessing transportation adequacy fees for Westridge
Resolution 2018-132, resolution and findings of fact denying the final plat for Heritage Ridge
Possible approval of switch for 1st floor data closet - MIS
Resolution 2018-133, approving Minnesota Premises Permit for lawful gambling for Bayport
American Legion, Post 491 at Brian’s located at 219 Main Street South, Stillwater,
Minnesota
Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt the Consent
Agenda.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Nays: None
PUBLIC HEARINGS
Case No. 2017-68. A public hearing to reconsider a request by Michael McGrath, property owner for
the reconsideration of a Zoning Text Amendment to allow retail use in the BP-I district by Special
Use Permit for the property located at 1815 Greeley St S in the BP-I District.
Community Development Director Turnblad reminded the Council that 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. The Planning Commission approved the text
amendment on a 6-1 vote. On February 20, 2018 the Council denied the ordinance request. Given
a misunderstanding, neither the property owner nor his representative were at the February 20
Council meeting. Subsequently the owner asked the Council to reconsider the request.
Mayor Kozlowski opened the public hearing.
Tim Sauro, representing Michael McGrath, explained that a small portion of Sew with Me
business is retail.
City Council Meeting June 19, 2017
Page 4 of 12
Laura Heine, business owner, stated they use the Stillwater location as a support location for their
other retail locations, receiving goods there, manufacturing kits that are sold in other locations,
and running commercial equipment that finishes quilts. They do some retail for local customers
looking to replace equipment, and they also operate an online business. All goods are shipped out
of this location.
Councilmember Junker asked if the shop has regular store hours. Ms. Heine replied yes.
Councilmember Menikheim asked how long the shop has been there. Ms. Heine stated since last
fall.
Councilmember Menikheim asked if the amendment is denied, how the City would enforce the
non-compliance.
City Attorney Magnuson replied the City would first send a cease and desist letter. If not obeyed,
the business could be cited with a ticket or an injunction could be brought against them to have
them removed.
Mr. Turnblad clarified that currently, the code allows the sale only of items that are manufactured
on site. The difference here is that retail is only a part of it. The sewing machines are serviced
here but not manufactured on site. The area could end up with a lot more retail sales if the text
amendment is passed as proposed. If the Council wants to tighten it up and still allow this business
to be there, it can be done. Staff suggests that 10% of the overall space could be retail sales of
items that would not need to be manufactured on site.
Councilmember Junker remarked he is in favor of allowing up to 10% to be used for retail because
the need for bigger space is slowly diminishing.
Mr. Turnblad stated he could bring back two versions of the language that could allow this
business to stay where it is. He suggested the Council table the first reading.
Mayor Kozlowski closed the public hearing.
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to table to the next
meeting first reading of an Ordinance amending the Stillwater City Code, Sec. 31-325, Allowable
Uses in Non-Residential Districts.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Nays: None
UNFINISHED BUSINESS
Possible approval of the first reading of an ordinance amending Chapter 30 of the City Code, entitled
Garbage and Rubbish
City Clerk Ward explained the proposed Chapter 30 - Solid Waste and Recycling, which is in line
with Washington County’s Solid Waste Plan and Minnesota Statutes. Because of complaints from
neighbors abutting commercial areas about being awakened by early morning garbage pickup,
Ms. Ward is suggesting that the amendment restrict commercial pickup times to 7 a.m. - 7 p.m.,
the same as for residential pickup. Susan Young, Foth Infrastructure & Environment, has provided
language for the City’s consideration in the revised Section 30-7, Subd. 5. Staff recommends that
the Council approve the first reading of the ordinance with the language suggested by Ms. Young.
Councilmember Junker stated early morning garbage pickup is part of living near a commercial
area.
City Council Meeting June 19, 2017
Page 5 of 12
Ms. Young noted that some cities with residents next to commercial areas are restricting garbage
collection hours.
Mayor Kozlowski commented that 7 to 7 makes sense for a neighborhood but perhaps not for
commercial areas. It may cost them more money and take longer to get the garbage picked up,
and they want to get the garbage out of there before employees start coming. He asked Ms. Ward
to keep track of the complaints and if there is a specific area generating them, the City could reach
out to the collector rather than restricting commercial pickup times.
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve the first
reading of an Ordinance Amending Chapter 30 of the Stillwater City Code, entitled Garbage and
Rubbish, with the suggested language except removing the recommended time restrictions for
commercial pickup, and to direct staff to prepare the final ordinance and resolution for licensing
haulers for the July 3, 2018 meeting.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Nays: None
Possible approval of the second reading of Ordinance 1105 amending City Code - Chapter 22, City
Administration
City Clerk Ward stated at the last meeting the first reading was held. At the Council’s request,
staff added language stating the City Council shall appoint a Council representative as a Library
Board Member.
Mayor Kozlowski expressed appreciation for Councilmember Menikheim’s service on the
Library Board but he is not sure if the Councilperson should be a voting member versus a liaison
as in the past.
Councilmember Menikheim stated his Library Board term is up in 2020 but his intention is not to
stay there beyond the expiration of his term on the Council. He feels there is value in having a
Council vote on the Library Board. In the past there was tension, partly because the Council did
not have clear idea of what was going on at the Library. To maintain a collaborative relationship
with the Library, there needs to be a Councilmember on the board because the Library is spending
taxpayer money.
Councilmember Polehna suggested striking Subdivision 2 and having a Council representative on
the Library Board as a liaison, rather than as a voting member.
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Ordinance
No. 1105, an Ordinance Amending the Stillwater City Code with the change of striking Subdivision
2 and moving the Library to Subdivision 1 with a Council liaison to the Library Board.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Nays: None
Request by Browns Creek West LLC, Jon Whitcomb, property owner, for the consideration of a
Special Use Permit and any related Variances thereto, to build a new residential condominium on the
property located at 107 third St N in the CBD district. Referred by Planning Commission. (Tabled
from June 5, 2018 meeting.)
Community Development Director Turnblad stated the request was tabled two weeks ago to gain
more information on the potential impact of traffic generated by the condominium. He presented
a supplemental report written by Jeff Bednar of SRF to address concerns related at the last
City Council Meeting June 19, 2017
Page 6 of 12
meeting. Staff recommends approval of the setback variances and the SUP with 16 conditions,
adding Condition #17 stating, “if vehicles leaving or entering the property are found by the City
to be a safety concern, then the driveway shall be reconfigured in a manner found acceptable to
the City.” Also tabled from the last work session was the developer’s request for tax increment
financing (TIF) assistance. If the Council wants, it may direct staff to further investigate the use
of TIF for the project.
Councilmember Junker asked if there was further discussion of the suggestion of two weeks ago
to consider eliminating parking spaces on the south side of Myrtle Street to ease potential traffic
backups.
Mr. Turnblad replied that was not addressed in Mr. Bednar’s supplemental memo, but staff looked
at the suggestions. Staff feels that if the traffic generated by this project merits, then some of the
suggestions could be implemented but that would not be the first step. Staff does not recommend
making those mediation improvements unless the condominium traffic warrants it in the future.
Councilmember Junker stated he feels at least three parking spaces should be eliminated on Myrtle
across from the proposed condo entrance/exit because the area is very limited and tight.
Mr. Turnblad replied staff is concerned that would complicate the intersection by creating another
bypass lane, causing drivers to make another maneuver. From the traffic analysis provided, the
project will not make the problem worse and staff does not have any reason to believe that’s not
true.
Councilmember Junker stated he is not talking about adding a bypass lane, just eliminating the
parking and painting the curb yellow.
Mayor Kozlowski asked, why not have the condominium parking garage be right-in, right-out?
He feels the left turn in would create a problem. The intersection is his only concern about the
project.
Mr. Turnblad responded that the supplemental memo from Mr. Bednar recommends a right-in,
left-out, keeping all condo traffic out of the Third/Myrtle intersection.
Councilmember Polehna suggested the City better delineate that intersection, adding striping as
was done at Greeley and Churchill Streets near the hospital.
Councilmember Menikheim remarked he cannot support the proposal because it adds traffic to a
difficult, challenging intersection.
Councilmember Junker stated the Third/Myrtle intersection was problematic well before Mr.
Whitcomb bought the property. He has known the developer all his life. He thinks it’s a fabulous
project, just in the wrong spot. The project is going to create a lot of ins and outs, further stressing
a very challenging intersection. He noted he has received countless phone calls and emails
indicating concern.
Councilmember Weidner stated he does not have a problem with the proposal. The additional
traffic is not going to change the fact that it is a difficult intersection.
Councilmember Polehna stated the entrance is on the hill is his only problem with the project.
Peter Coyle, land use counsel for the development, informed the Council the developer realizes
there is a difference of opinion and want to help mitigate the concerns. He appreciates the staff
recommendation to not do anything at first. He would also be comfortable with the
recommendation of removing the parking on the south side of Myrtle and with the right-in, right-
City Council Meeting June 19, 2017
Page 7 of 12
out as suggested two weeks ago. The intersection is what it is. The development is not causing
the problem.
Mayor Kozlowski asked if there is any way to access the public ramp to the north.
Architect Roger Tomten replied that they analyzed all kinds of internal car circulation patterns to
get to the parking structure, but there is not enough room on the site due to its small 90 x 150’
size.
Mayor Kozlowski reflected that he would like to see a solution as a condition rather than a wait
and see approach.
Councilmember Junker stated even if the project does not proceed, he still wants to eliminate
those three parking spaces on Myrtle Street.
Jon Whitcomb, developer, responded to the Council by stating that there is no need to debate the
challenges that the intersection has, but up to this point the City hasn’t done anything to remedy
them. The City could alleviate the no left turn on Chestnut or put a stop sign at Second Street to
slow traffic down. A right-in, right-out or a right-in, left-out would be fine. The City has many
challenging intersections. He feels that because it is confusing, this intersection actually causes
drivers to slow down. He does not feel the Council should limit development downtown based on
one intersection, especially if the City does nothing to mitigate its risks.
Mayor Kozlowski asked if the no left turn off of Main onto Chestnut is being eliminated. Public
Works Director Sanders responded that if drivers northbound on Main Street have to wait for
other drivers making a left turn going up Chestnut, then they may go around and bypass where
the right turn lane is now, so the City may have to eliminate more parking on Main Street. Staff
thought they would wait until the pedestrian plaza project is completed to look at possibly
eliminating all left turns.
Mayor Kozlowski asked if a condition could be imposed that before permits are issued, the project
comes back with a condition rather than leaving it open and waiting until a problem develops.
Mr. Turnblad replied that a condition could require that steps be taken to look at the mitigation
items discussed. Suggested Condition #17 could be replaced with a requirement that those traffic
impact mitigation items be approved by the City Engineer prior to issuance of a building permit.
Motion by Councilmember Weidner to adopt Resolution 2018-127, a resolution approving a special
use permit and variances for a condominium project at 107 North Third Street, CPC Case No. 2018-
23, with Conditions 1-16. Motion failed for lack of a second.
Motion by Councilmember Polehna, seconded by Mayor Kozlowski, to adopt Resolution 2018-127,
a resolution approving a special use permit and variances for a condominium project at 107 North
Third Street, CPC Case No. 2018-23, with Conditions 1-16 and adding Condition #17 requiring that
staff look at the Third and Myrtle intersection as well as some traffic alternatives downtown to try to
find a solution (possibly to include a stop sign at Second Street, eliminating the no left turn at Chestnut
Street, and requiring right-in, right-out or right-in, left-out turning only, or other options).
Councilmember Polehna withdrew the motion for further discussion. Mayor Kozlowski withdrew
the second.
Councilmember Polehna asked if the developer has 40 spots in the City ramp, why they can’t use
them for condominium parking.
City Council Meeting June 19, 2017
Page 8 of 12
Mr. Turnblad replied there are 40 parking spaces credited with the project, but if they don’t use
the spots, it doesn’t affect the ramp. It’s a function of the development agreement.
Mayor Kozlowski noted he would like to see a development at this site, but maybe this isn’t the
right fit. It’s the left turn into the development going down the hill that he thinks is going to create
a problem. Outside of that, he doesn’t see how the project is going to make the Third/Myrtle
intersection any worse.
Councilmember Menikheim commented the intersection safety is already questionable. Why
should the City add to the challenge that already exists?
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to deny a resolution
approving a special use permit and variances for a condominium project at 107 North Third Street,
CPC Case No. 2018-23.
Ayes: Councilmembers Menikheim and Junker
Nays: Mayor Kozlowski, Councilmembers Weidner and Polehna
Motion failed 2-3.
Councilmember Junker stated he would like to see the developer come back with a project that
either uses the 40 spaces in the ramp or uses a Third Street entrance.
Mr. Whitcomb reminded the Council that 15-17 years ago, three significant condominium projects
were built downtown, all with underground parking because the Comprehensive Plan encourages
that. The 501 building with approximately 60 units accesses right onto Main Street, the busiest
street downtown with no intersection at all. So to draw the conclusion that this project is going to
be worse than any project to date is arbitrary. Mills accesses onto Mulberry, and Terra Springs
comes onto Main Street. He has not seen accidents at Myrtle and Third Streets. It is concerning
to him that the Council seems poised to draw a line in the sand at this particular intersection.
Councilmember Junker noted he has lived in the 501 building downtown. It does not have the
accidents and safety issues that he sees at this site. The City has looked at other development
proposals for this site that didn’t require the underground parking as proposed.
Councilmember Menikheim remarked if something happens there and he was part of the decision
to let that happen, he would have to live with that.
Mayor Kozlowski noted he is fine with the project and realizes the concerns. He pointed out that
the Planning Commission and City staff have recommended approval. He thinks the traffic
impacts can be mitigated. The only problem he sees is going down the hill and trying to make a
left.
Motion by Mayor Kozlowski, seconded by Councilmember Polehna to adopt Resolution 2018-127,
a resolution approving a special use permit and variances for a condominium project at 107 North
Third Street, CPC Case No. 2018-23, with Conditions 1-16 and adding Condition #17 that there be a
solution identified to mitigate the entrance and exit of the parking, leaving that up to staff working
with the developer, to look at eliminating the no left turn at Chestnut, before issuing a building permit.
Councilmember Menikheim remarked you can delegate responsibility but you can’t delegate
accountability.
City Council Meeting June 19, 2017
Page 9 of 12
Councilmember Weidner commented the Council is effectively passing this without any
restrictions. Staff stated they looked at this and it is fine. There may not be a solution to this
problem. He sees this as no different as his earlier motion to pass it without restriction.
Community Development Director Turnblad summarized what the Council has discussed by
stating that the Council intends there will be some restriction at the driveway, either right-in, left-
out or right-in, right-out; no parking on the south side of Myrtle; and staff will look at Chestnut
and Main in regard to removing the no left turn prior to the issuance of a building permit
Ayes: Mayor Kozlowski, Councilmembers Weidner and Polehna
Nays: Councilmembers Menikheim and Junker
Mr. Turnblad asked the Council if they wished to discuss the request for TIF assistance.
Councilmember Weidner replied he is not in favor of it. Councilmembers Junker and Polehna also
stated they were not in favor of TIF assistance.
Possible accepting of bids and awarding contract for 2018 Street Improvement Project (Project 2018-
02)
Public Works Director Sanders stated that the bid letting for the 2018 Street Improvement project
was June 5, 2018. The City received one bid in the amount of $2,079,682.17 submitted by
Hardrives, Inc. of Rogers Minnesota. This amounts to roughly 15% over the engineer’s estimate
of $1,813,000. Unit prices between the engineer’s estimate and the contractor’s bid prices were
comparable except for a few items: mobilization, traffic control, concrete and bituminous
removals, and drainage structures. Some of these items were more than two times the estimated
price and add significant cost to the work. The contractor explained that the price difference was
due to many different areas of the project, and multiple equipment relocations. Consideration was
given to rejecting the bids and rebidding next year, but the contractor mentioned that oil and
concrete costs could be 20-30% higher next year. Using the pricing as quoted, assessments rates
in some project areas will increase by 20%. Staff found areas where money can be saved by either
negotiating a lower unit price, reducing some bid item quantities, or tapping into the contingency
used in the feasibility estimate. Staff was able to save over $120,000 in project costs and keep the
assessments fairly close to the feasibility estimate. It is recommended that the City accept the bid
submitted for the 2018 Street Improvement Project, Project 2018-02, and award the contract to
Hardrives, Inc.
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution
2018-134, accepting bid and awarding contract for the 2018 Street Improvement Project (Project
2018-02).
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Nays: None
NEW BUSINESS
Consideration of tax abatement request and calling for hearing for Lift Bridge Brewery
Community Development Director Turnblad stated that a resolution starting the process has been
drafted setting the public hearing for July 17. An estimated $82,650 per year would be abated in
the City’s portion of the tax burden for period of 15 years, so the total would not exceed $1.24
million of City funds. If the County also abates for 15 years, that would be an additional $40,000
City Council Meeting June 19, 2017
Page 10 of 12
a year or $600,000 over 15 years. Total abatement would be $1.84 million if both jurisdictions
agree, for a period of 15 years.
Councilmember Weidner asked if a hardship must be proven to abate the taxes.
Mr. Turnblad replied that tax abatement does not require the same test as with TIF, but it is good
practice to apply the test that if the City didn’t give the developer this help, they wouldn’t be able
to write down the cost of being able to stay in the City.
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution
2018-135, resolution calling for a public hearing on proposed property tax abatements for the Lift
Bridge Brewery project.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Nays: None
Request by Matthew Rydeen for a license to operate horse drawn carriage rides in Stillwater
Community Development Director Turnblad stated that Matthew Rydeen would like to operate a
carriage ride business in Stillwater. It would offer two types of rides, one for private events such
as birthday parties and weddings, and the other would be public rides staged from either the
private parking lot owned by Mr. Desch or the lot owned by Johnny’s TV. Mr. Rydeen is
requesting the Council to approve a license for the carriage rides to use public streets. Hours
would be about noon to 9 p.m. on Saturdays and Sundays and occasional Fridays. Starting spots
for the private rides would be throughout the City at the client’s request. The proposed route uses
only those portions of Main Street where he is trying to avoid the steepest grades. If Sam Bloomer
Way is underwater, then he would use Water Street. Staff recommends approval of the license
with nine conditions, but until the City receives written confirmation of the lease arrangements
for the private lot staging area, no public rides will be allowed.
Councilmember Weidner asked if the license would be reviewed after a year. Mr. Turnblad stated
yes, the applicant would have to reapply for the license each year.
Councilmember Junker asked about the timeframe of the public rides. Matt Rydeen replied he
would like to start July 1 and go till mid-October for both the public and private rides. He would
like to offer the rides maybe half a dozen Fridays the whole summer.
Councilmember Junker asked if there is a catcher behind the horse for waste. Mr. Rydeen stated
yes.
Councilmember Menikheim remarked it’s a great idea but not on Stillwater streets which are
already crowded. He noted that horses can spook and if they do, they can become 1500 pound
unguided missiles.
Mr. Rydeen responded that he rides the horse down Highway 95 and has driven her in Lindstrom
and taken her through the drive through of Dairy Queen.
Mayor Kozlowski stated his only concern is making sure the waste is contained.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019-
136, resolution granting license to Matthew Rydeen for the operation of horse drawn carriage rides
on City streets, Saturdays and Sundays, and six Fridays July 1 to mid-October.
Ayes: Mayor Kozlowski, Councilmembers Junker, Weidner and Polehna
Nays: Councilmember Menikheim
City Council Meeting June 19, 2017
Page 11 of 12
Consideration of resolution authorizing acquisition of real property for public purposes
City Attorney Magnuson stated that the proposed resolution allows the City to begin the process
of property acquisition. It finds that there is a public purpose for the acquisition of property to
augment parking. The legal description is intended to be the parking area around Shorty’s,
allowing a five foot side yard setback from the walls of the building but not including the taking
of the building. Before petitioning the district court, the City must provide the owners with copies
of all appraisals and ensure that the appraiser meet and confer with one or more of the owners and
advise them of the right to obtain their own appraisal. The City must make a good faith effort to
meet and negotiate personally with the owners to determine whether it is possible to make a direct
purchase of the parcel and avoid eminent domain. All of this must be finished 60 days before
filing with the district court.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution
2018-137, resolution authorizing acquisition of real property for public purposes.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Nays: None
COMMUNICATIONS/REQUESTS
There were no communications/requests.
COUNCIL REQUEST ITEMS
Councilmember Polehna reported that the fireworks are all ready to go for the Fourth of July.
City Attorney Magnuson stated that Chris Eng from Washington County asked that if the Council
authorized the setting of a hearing for tax abatement for Lift Bridge Brewery, the City send a letter
to Washington County. Mr. Turnblad agreed to do so.
Councilmember Polehna stated that the Yellow Ribbon Committee received a grant for $2,500
for the VFW art history project at the armory. They have another $4,000 to raise. The Yellow
Ribbon Committee and the troops are lined up to be in the Lumberjack Days parade. There will
be a troop hunt on December 8 for the troops who are returning from deployment.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the
meeting. All in favor. The meeting was adjourned at 10:08 p.m.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2018-127, a resolution approving a special use permit and variances for a
condominium project at 107 North Third Street, CPC Case No. 2018-23
Resolution 2018-128, Directing the Payment of Bills
City Council Meeting June 19, 2017
Page 12 of 12
Resolution 2018-129, resolution assessing transportation adequacy fees for Boutwell Farm
Resolution 2018-130, resolution assessing transportation adequacy fees for Nottingham Village
Resolution 2018-131, resolution assessing transportation adequacy fees for Westridge
Resolution 2018-132, resolution and findings of fact denying the final plat for Heritage Ridge
Resolution 2018-133, approving Minnesota Premises Permit for lawful gambling for Bayport
American Legion, Post 491 at Brian’s located at 219 Main Street South, Stillwater, Minnesota
Resolution 2018-134, accepting bid and awarding contract for 2018 Street Improvement Project
(Project 2018-02)
Resolution 2018-135, resolution calling for a public hearing on proposed property tax abatements
for the Lift Bridge Brewery project
Resolution 2018-136, resolution granting license to Matthew Rydeen for the operation of horse
drawn carriage rides on City streets
Resolution 2018-137, resolution authorizing acquisition of real property for public purposes
Ordinance No. 1105, an Ordinance Amending the Stillwater City Code (Chapter 22, City
Administration)
RESOLUTION 2018-138
City of Stillwater
RESOLUTION FOR STATE GRANT ASSISTANCE FOR
ST. CROIX RIVERBANK
RESTORATION AND WALKWAY
WHEREAS, land bordering on the St. Croix River in the City of Stillwater bounded on the
North by Nelson Street, and South by the City limits, and on the West by State Highway 95
is the site of a Shoreline Restoration and Integrated Walkway project to repair erosion and
stabilize land to protect the transportation corridor and the sewer main, and in order to
quality for Minnesota State assistance for the project it is necessary to fund one half of the
estimated project costs and that half is estimated at $1,615,000.00.
NOW THEREFORE, BE IT RESOLVED that the City of Stillwater City Council, hereinafter
referred to as the “Applicant” act as legal sponsor for the St. Croix Riverbank Restoration
and Walkway project authorized by the 2018 Minnesota Legislature and that the City
Administrator is hereby authorized to apply to the Department of Natural Resources for
funding of this project on behalf of the Applicant.
BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial
assistance, and the institutional, administrative, and managerial capability to ensure
adequate acquisition, maintenance and protection of the proposed project.
BE IT FURTHER RESOLVED that the source of Applicant’s matching funds shall not include
other State funds.
BE IT FURTHER RESOLVED that the source of Applicant’s matching funds shall be Tax
Increment Funds from TIF District #1 as authorized by Resolution 2018-064, adopted by
City Council on April 3, 2018 (attached).
BE IT FURTHER RESOLVED that the Applicant hereby pledges to complete the project if it
exceeds the total funding provided by the State and the city’s match.
BE IT FURTHER RESOLVED that the Applicant has not incurred any costs, and has not
entered into any written agreements to purchase property proposed by this project for
which it seeks reimbursement.
BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local
laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other
unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the
Applicant may enter into an agreement with the State of Minnesota for the above-
referenced project, and that the Applicant certifies that it will comply with all applicable
laws and regulations as stated in the contract agreement.
BE IT FURTHER RESOLVED that City Administrator is hereby authorized to execute such
agreements as are necessary to implement the project on behalf of the applicant.
I CERTIFY THAT the above resolution was adopted by the City Council of the City of
Stillwater this 3rd day of July, 2018.
________________________________________
Ted Kozlowski, Mayor
ATTEST:
________________________________________________
Diane F. Ward, City Clerk
MEMORANDUM
To: Mayor and City Council
From: Shawn Sanders, Director of Public Works
Date: June 29, 2018
Re: Access Agreement
DISCUSSION
The contractor, Kraemer North America, LLC, for the Lift Bridge Rehabilitation Project
has asked to use the barge owned by the City of Stillwater. Kraemer would be using the
barge beginning July 161h on a month to month basis. Dave Magnuson, City attorney,
drafted the attached agreement for the use of the barge.
RECOMMENDATION
It is recommended that Council approve the access agreement for the use of the barge
with Kraemer North America, LLC.
ACTION REOIDRED
If Council concurs with the recommendation, they should pass a motion adopting
RESOLUTION 2018-APPROVING ACCESS AGREEMENT WITH
KRAEMER NORTH AMERICA, LLC.
RESOLUTION 2018-139
APPROVING ACCESS AGREEMENT WITH
KRAEMER NORTH AMERICA, LLC.
WHEREAS, an access agreement to use the City of Stillwater barge on a month to
month basis for the construction of the Lift Bridge Rehabilitation Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF STILLWATER, MINNESOTA that the agreement presented to Council and
on file with the office of the City Clerk is hereby approved and authorizes the Mayor and
City Clerk to execute said agreement.
Adopted by the City Council this 3rd day of July 2018.
Ted Kozlowski, Mayor
Attest:
Diane F. Ward, City Clerk
ACCESS AGREEMENT
This ACCESS AGREEMENT (hereinafter referred to as "Agreement") is made as of this p(~
day of J V....11'\ e_..... , 2018, by and between The City of Stillwater ("Grantor" or "Owner") and
Kraemer North America, LLC, a Wisconsin limited liability company (referred to herein as "Grantee").
THE PARTIES AGREE AS FOLLOWS:
I. ·rank 1;• Grantee is given access and the right to move the City owned barge entitled rrank
"E." :r...._t~ Ito 1 1At5
2. Term. The Access to the Premises shall be for a term beginning Ju11e I=, 28 I &on a month-to-
month basis thereafter.
3. Insurance.
a. At Grantee's expenses, Grantee agrees to secure and maintain Workers' Compensation
or Jones Act and Employers Liability Insurance in accordance with the laws of the
State of Minnesota and the Federal government. A certificate of insurance shall be
furnished to Grantor executed by the duly authorized representative of the insurer,
indicating compliance with the insurance requirements stated herein.
b. In connection with and in addition to the indemnity obligations of this Agreement,
Grantee shall, at its own expense, secure and maintain general or public liability
insurance, automobile liability insurance, for owned, non-owned and hired vehicles
and commercial property insurance. Grantee shall name Grantor as an additional
insured on said insurance policies. A certificate of insurance shall be furnished to
Grantor, indicating compliance with the insurance requirements stated herein. The
limits of coverage required under this Section must be at least $2,000,000 combined
single limits for claims arising out of a single occurrence.
4. lndumnil Y., To the fullest extent permitted by law, Gmntee shall indemnify, defend and hold
harmless Grantor from and against claims, damages, losses, and expenses arising out of or
resulting from the Grantee's use ofthc Barge. NDLW1Lh,t.111dir'.~ lit~ '"'"!i'.•inµ. <,1 ,111 1uc's oblig.1Li1rn -1'' rnd.:mnri;
<;.\1.tll rwl (Xlt'nd tn trl1: ncgl1gfnc1.! or Wlt)[l~;lul ,ll.l\ oJ lhc (,1,rnl1ir tJ;t-
5. Removable of' Property and Repair. On or before the date of termination of this Agreement,
Grantee agrees, at its expense, to leave the Barge in a clean, orderly and environmentally
acceptable condition. Grantee shall be responsible for the repair of any damage caused to the
Barge.
6. Dcfaull. In the event that either party to this Agreement fails or neglects to do or perform any
act or thing provided in this Agreement by it to be done or performed, it shall be in default
under this Agreement and should such failure continue for a period of seven (7) days after
written notice from the non-failing party specifying the nature of the act or thing to be done or
performed, then the non-failing party may, but shall not be required to, terminate this
Agreement. Grantee agrees to indemnify and hold harmless Grantor from the costs thereof and
liabilities thereof and liabilities therefrom as set forth Paragraph 5 of this Agreement.
7. Notices. Any notice, demand, or other writing permitted or required to be given or served in
this Agreement by either party to the other, shall be deemed to have been fully given or served
Memorandum
To: Mayor & City Council
From: Diane Ward, City Clerk
Date: 6/29/2018
Re: Traffic Safety Committee Appointment
The Spring publication for the opening on the Committee resulted in three applications.
Interviews of the three candidates were conducted by committee members on Tuesday,
July 26th. As a result of the interview, the committee has recommended Jonathon Baller be
appointed to the committee.
ACTION REQUIRED:
If Council wishes to appoint Mr. Baller, they should pass a motion adopting the attached
resolution entitled APPOINTMENT OF JONATHAN BALLER TO THE TRAFFIC SAFETY
REVIEW COMMITTEE.
RESOLUTION 2018‐140
APPOINTMENT OF JONATHAN BALLER
TO THE TRAFFIC SAFETY REVIEW COMMITTEE
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater,
Minnesota, that at their July 3, 2018 regular City Council meeting, they made the following
appointment to the Traffic Safety Review Committee:
Jonathan Baller with his term expiring May 1, 2021
Adopted by Council this 3rd day of July, 2018.
Ted Kozlowski, Mayor
Attest:
Diane F. Ward, City Clerk
MEETING DATE: July 3, 2018 CASE NO.: 2017-68
APPLICANT: Michael McGrath, DBA 1815 Greeley, LLC, property owner
REQUEST: Reconsider 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 by Sew With
Me, which has retail sales of sewing machines as a component of their business. 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 20, 2018 the Council denied the ordinance request. Given a
misunderstanding, neither the property owner nor his representative were at the
February 20 Council meeting. Subsequently the owner asked the Council to reconsider
the request, because he was not there to comment on the request. The Council granted
the reconsideration request.
On June 19, 2018 the City Council opened a public hearing to reconsider the first reading
of the requested ordinance amendment. The Council agreed after hearing details of the
Sew With Me business, that the requested retail sales would be appropriate. But, the
Council disagreed on the exact language of the first reading. Therefore, the Council
tabled the reading for staff to write a possible ordinance for both of the versions that the
Council discussed.
SPECIFIC REQUEST
The City Council is asked to continue the public hearing for the first reading.
COMMENTS
The primary difference between the two attached versions of the ordinance is that the
10% allowance for retail space in Version A does not restrict the type of products sold.
Version B stipulates that the products must be related to the business or service offered
by the business. So, the primary use of the space in Version A can be retail sales. But, in
Version B the primary use has to be something else, say sewing machine service, and the
retail sales would then have to be related to sewing machines.
Attachments: Ordinance Version A
Ordinance Version B
bt
Version A
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. Prior to adoption of this ordinance, in the BP-I Zoning District only products
manufactured on the premises could be sold on the premises, and if manufactured on the
premises then up to 20 percent of the building’s floor area could be used for retail sales. The
purpose of this Ordinance is to allow by Special Use Permit a limited amount of floor area to be
dedicated to retail sales of products that are not manufactured on the premises.
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. A) If the retail sales are
limited to products manufactured on the premises, 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 the premises, 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 ______ day of _______________, 2018.
CITY OF STILLWATER
______________________________
Ted Kozlowski, Mayor
ATTEST:
_______________________________
Diane F. Ward, City Clerk
Version B
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. Prior to adoption of this ordinance, in the BP-I Zoning District only products
manufactured on the premises could be sold on the premises, and if manufactured on
the premises then up to 20 percent of the building’s floor area could be used for retail
sales. The purpose of this Ordinance is to allow by Special Use Permit a limited amount
of floor area to be dedicated to the retail sale of products that are not manufactured on
the premises, though these products must be associated with the primary business.
This means that retail sales cannot be the primary business, rather retail sales must be of
products associated with the primary business. For example, a sewing machine service
center could also sell sewing machines, if the majority of the business’s revenue is
generated by sewing machine service.
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. A) If the retail sales
are limited to products manufactured on the premises, 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 the premises, then a total of only 10%
of a building’s floor area, or 4,000 square feet, whichever is less, may be
dedicated to retail sales; however, the retail sales must be of products associated
with a primary service offered by the business on the premises.
2. Savings. In all other ways City Code Chapter 31 shall remain in full force and
effect.
Version B
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 ______ day of February, 2018.
CITY OF STILLWATER
______________________________
Ted Kozlowski, Mayor
ATTEST:
_______________________________
Diane F. Ward, City Clerk
CITY COUNCIL
MEETING DATE: City Council: July 3, 2018 CASE NO.: 2018-29
Planning Commission: June 13, 2018
REQUEST: 1. Preliminary Plat approval of Neal Meadows 5th Addition,
7990 Neal Avenue North
2. Rezoning to RA, One-Family Residential
3. Vacation of Drainage and Utility Easements
4. Final Plat approval of Neal Meadows 5th Addition
REVIEWERS: Community Development Director, City Engineer
PREPARED BY: Abbi Jo Wittman, City Planner
REQUEST
Dan Thurmes, Cornerstone Land Surveying, representing Craig Wahlquist, requests
approval to re-plat the property at 7990 Neal Avenue North. The subdivision would
create three residential lots. One of the lots would be for the existing Wahlquist
homestead. The other two would be vacant lots.
The request also includes a rezoning from AP, Agricultural Preservation, to RA, One
Family Residential, as well as preliminary and final plat approvals. In addition, the
perimeter utility easements for the existing platted lot will need to be vacated in order
to create utility easements around the re-platted lots.
BACKGROUND
The Planning Commission held a public hearing on June 13th to consider the requests,
which they recommended approval of on a 5-0 vote. The conditions or their
recommendation are included below.
COMMENTS
Parks & Recreation Commission
On July 23rd the Park Commission is scheduled to review the request. As no park
and trail improvements are proposed to be installed directly adjacent to this
Case No. 2018-29
Page 2 of 2
property, nor does the Comprehensive Plan identify such improvements on the
property, staff is recommending the Council approve the requests, contingent upon
approval of a fee payment in lieu of land dedication by the Park Commission.
Rezoning
As the Final Plat cannot become effective until the property is rezoned, City
Attorney Magnuson has advised a condition of approval should be that the
Preliminary and Final Plat shall not become effective until the second reading of the
rezoning has been approved and the rezoning is in effect.
ALTERNATIVES
A. Approval If the City Council finds the proposal to be consistent with the
provisions of the City’s Zoning Code, Subdivision Code, and
Comprehensive Plan, then the Council could adopt the three attached
resolutions.
B. Table If the City Council finds that the application is not complete enough to
make a decision, it could continue the review for additional
information.
C. Denial If the City Council finds the proposal is not consistent with the
provisions of the City’s Zoning Code, Subdivision Code, and
Comprehensive Plan, then the Council should deny Case No. 2018-29.
The Council should indicate a reason for the denial and state whether
or not the denial is with prejudice.
FINDINGS AND RECOMMENDATION
Planning Commission
The Planning Commission found NEAL MEADOWS 5TH ADDITION to be consistent
with the provisions of the City’s Zoning Ordinances, Subdivision Ordinances, and
Comprehensive Plan. Therefore, the Planning Commission made recommendation of
approval, with the conditions noted in the attached preliminary plat resolution.
Staff
Staff recommends approving the first reading of the rezoning and adopting the three
attached resolutions.
ATTACHMENTS
Draft Ordinance to Rezone
Resolution Vacating Easements
Resolution Approving Preliminary Plat
Resolution Approving Final Plat
Planning Report
Page 1 of 1
September 19, 2017
ORDINANCE
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
CHAPTER 31, ENTITLED ZONING ORDINANCE, BY AMENDING THE ZONING
MAP OF THE CITY TO REZONE CERTAIN PROPERTY WITHIN THE AP –
AGRICULTURAL PRESERVATION DISTRICT BY ADDING THEM TO THE
RA – ONE FAMILY RESIDENTIAL DISTRICT
The City Council of the City of Stillwater, Washington County, Minnesota, does ordain:
Section 1. The zoning of the subject property, location of which is legally
described as:
Lot 4, Block 2, Neal Meadows
is hereby amended to RA, One-Family Residential. This proceeding is
known as Planning Case No. 2018-29.
Section 2. This Ordinance shall be in full force and effect from and after
publication according to law.
Section 3. In all other ways the Stillwater City Code shall remain in full force
and effect.
Adopted by the City Council this 3rd of July, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane Ward, City Clerk
Page 1 of 2
July 3, 2018
RESOLUTION
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION VACATING THE DRAINAGE AND UTILITY EASEMENTS
IN LOT 4, BLOCK 2, NEAL MEADOWS
CASE NO. 2018-29
WHEREAS, Craig Wahlquist is the owner of Lot 4, Block 2, Neal Meadows,
Washington County, Minnesota; and
WHEREAS, drainage and utility easements presently encumber the subject property;
and
WHEREAS, Craig Wahlquist submitted an application to have the subject property
replatted as part of a new plat known as NEAL MEADOWS 5TH ADDITION;
WHEREAS, in connection with the approval of the new plat, the drainage and utility
easements encumbering the subject property were requested to be vacated as depicted on Exhibit
A attached hereto;
WHEREAS, it is in the public’s interest to vacate the drainage and utility easements.
NOW, THEREFORE, BE IT RESOLVED, that the City of Stillwater hereby vacates
the drainage and utility easements on Lot 4, Block 2, Neal Meadows, as depicted on Exhibit A
effective as of the date of this Resolution; and be it further
RESOLVED, this Resolution shall constitute a notice of completion and the City Clerk
is hereby authorized and directed to file this Resolution with the office of the County Auditor to
be entered into the transfer record and then record it with the office of the County Recorder.
Adopted effective as of 3rd day of July, 2018.
CITY OF STILLWATER
______________________________
Ted Kozlowski, Mayor
ATTEST:
__________________________________
Diane F. Ward, City Clerk
Page 2 of 2
July 3, 2018
Exhibit A
Page 1 of 3
September 19, 2017
RESOLUTION
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR
NEAL MEADOWS 5TH ADDITION
CASE NO. 2018-29
WHEREAS, Craig Wahlquist has submitted an application for approval of:
1. Rezoning of the property at Lot 4, Block 2, Neal Meadows; and
2. Vacation of a Drainage and Utility Easement; and
3. Preliminary Plat for Neal Meadows 5th Addition as shown on
Exhibit A
WHEREAS, on June 13, 2018 the Planning Commission held a public
hearing on the associated requests and upon hearing testimony from the public
unanimously approved with conditions; and
WHEREAS, on July 3, 2018 the City Council held a public hearing on the
requests and found them to be compatible with the neighborhood and consistent
with the City’s Zoning Code, Subdivision Code, and Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Stillwater hereby approves the Preliminary Plat for Neal Meadows 5th Addition
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:
Preliminary Plat 5/4/2018
Grading, Drainage, Paving, Erosion Control 5/4/2018
Final Plat 5/4/2018
2. All future electrical and communications utility lines shall be buried.
3. If determined acceptable by the Park Commission, this development will
be responsible for paying $5,000 to the City for park and trail dedication
fees. These fees will be due prior to release of the final plat from the City
for recording with Washington County.
4. This development shall be responsible for paying 2018 development
impact fees including the Transportation Adequacy/Mitigation Fee, the
AUAR fee and trunk sewer and water fees. Rates may be adjusted,
annually. These fees shall be due prior to release of the final plat for
recording with Washington County.
5. Lots 1 and 2 must receive their sanitary sewer and municipal water from the
stubs located on the east side of Creekside Crossing. Lot 3 must receive its
sanitary sewer and municipal water from the east side of Neal Avenue. The
construction means and methods for connecting Lot 3 to these utilities must
be approved by the City Engineer prior to commencing any construction
work or issuing a building permit.
6. The documents necessary to vacate the existing drainage and utility
easements must be signed by the land owner prior to release of the final plat
from City offices, and then filed together with the new plat.
7. The Final Plat shall not be released from City Offices for recording with
Washington County until the rezone of the subject property becomes
effective.
Enacted by the City Council of the City of Stillwater, Minnesota this 3rd day of July,
2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
Exhibit A
RESOLUTION NO.
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE FINAL PLAT FOR
NEAL MEADOWS 5TH ADDITION
CASE NO. 2018-29
WHEREAS, Craig Wahlquist, land owner, made application for approval of the
final plat known as NEAL MEADOWS 5TH ADDITION; and
WHEREAS, on June 13, 2018 the Stillwater Planning Commission held a public
hearing and recommended approval of the preliminary plat and final plat; and
WHEREAS, on July 3, 2018 the City Council held a public hearing on
the preliminary plat and final plat and plans and found them to be compatible with the
neighborhood and consistent with the City's Zoning Code, Subdivision Code,
Comprehensive Plan, and infrastructure.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the final plat for NEAL MEADOWS 5TH ADDITION.
Enacted by the City Council of the City of Stillwater, Minnesota this 3rd day of July, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
PLANNING COMMISSION
DATE: June 4, 2018 CASE NO.: 2018-29
APPLICANT: Dan Thurmes, Cornerstone Land Surveying,
LAND OWNER: Craig Wahlquist
REQUEST: 1. Rezoning to RA, Single-Family Residential
2. Preliminary Plat approval of Neal Meadows 5th Addition,
a 3 lot residential subdivision at 7990 Neal Avenue North
3. Vacation of platted drainage and utility easements
COMPREHENSIVE PLAN: LDR, Low Density Residential
REVIEWERS: City Planner Wittman, City Engineer Sanders
PREPARED BY: Bill Turnblad, Community Development Director
BACKGROUND
Craig Wahlquist plans to subdivide his 1.27 acre homestead property at 7990 Neal
Avenue into three lots. One of the lots will be for the Wahlquist home and two lots will
be for new homes. The subdivision is to be known as Neal Meadows 5th Addition.
SPECIFIC REQUEST
In order to subdivide the property as proposed, a request has been made to approve:
1. Rezoning from AP, Agricultural Preservation to RA, Single-Family Residential
2. Preliminary Plat of Neal Meadows 5th Addition
3. Vacation of the platted drainage and utility easements
EVALUATION OF REQUEST
I. REZONING
The proposal includes a request to rezone the property to RA, One-Family Residential. The
Comprehensive Plan’s guided use for the property is Low Density Residential, for a total of
7990 Neal Ave
Page 2 of 5
1 to 4.4 units per acre. The proposed rezoning and the density of 2.36 units per acre are
consistent with the future land use classification.
II. PRELIMINARY PLAT
Lots Standards
Minimum
standard
Lot 1
Proposed
Lot 2
Proposed
Lot 3
Proposed
Minimum Lot Width 75’ 90’ +/- 90’ +/- 100.2’ +/-
Minimum Lot Depth 100’ 290.9‘ +/- 144.9’ +/- 146.2’ +/-
Minimum Lot Area 10,000 sf 29,047 sf 13,042 sf 13,158 sf
The lots as proposed exceed all minimum standards.
Engineering and Streets
City Engineer Sanders has reviewed the preliminary plat and plans. The proposal includes
extending the public sewer and water system under Neal Avenue to the site. This extension
would service the existing home and the new home on Lot 3. The new home on Lot 2
would be serviced from one of the three existing sets of stubs for this property on the east
side of Creekside Crossing.
However, City Engineer Sanders does not recommend extending the public utilities under
Neal Avenue. Instead, he would recommend having only Lot 3 served under Neal Avenue.
This would be done by a private hook-up to existing services on the east side of Neal
Avenue. Then the existing home on Lot 1, as well as the future home on Lot 2, would be
connected by private service stubs to the Creekside Crossing utilities.
With proper construction methods, the cost of running the private connection for Lot 1
westward to Creekside Crossing should not be more than the proposed boring of an 8”
sewer line.
Development Agreement and Fees
If no extension of the public utilities is constructed, as recommended by the City Engineer,
then no Development Agreement is needed.
The following development fees will be required at the time of the release of the executed
Final Plat from City offices. Fees quoted are based on 2018 rates, which are adjusted
annually in sync with the cost of construction index.
Transportation Adequacy Fee: $8,379/acre for the two new lots
o 0.601 acres x $8,379 = $5,035.78
AUAR (Storm Sewer) Fee: $6,100/acre for the two new lots
o 0.601 acres x $6,100 = $3,666.10
7990 Neal Ave
Page 3 of 5
Trunk Sewer and Water Fee (Boutwell West Area): $10,946/acre for the two new lots
o 0.601 acres x $10,946 = $6,578.55
Sewer and water hook-up charges for the existing home is limited to $2,500 for
sanitary sewer and $2,500 for municipal water1.
o $5,000 total
Therefore, the total due at time of release of the Final Plat from City offices will be
$20,280.432.
Park and Trail Dedication
The Comprehensive Plan’s park chapter shows no planned parks on the property. So, the
contribution to the park system would likely have to be in the form of a fee in lieu of land,
which would be $2,000 per new lot created. In terms of trails and sidewalks, a sidewalk on
the west side of Creekside Crossing exists, so no additional sidewalks are needed. And,
while a trail is proposed for Neal Avenue to connect the Boutwell Road trail with Brown’s
Creek Trail, it is proposed to be constructed on the east side of Neal Avenue. Therefore, no
trail easement or construction would be needed for this subdivision. Therefore, the
contribution to the trail system would have to be in the form of a fee in lieu, which would
be $500 per new lot created. The $2,500 park and trail fee for each or Lots 2 and 3 will be
payable prior to release of the final plat from City offices. (No trail or park fees would be
applied to the existing home.)
Tree Preservation and Landscaping
As the property owner does not intend to grade the land area of the new lots, less than 35%
of the significant trees and less than 50% of the vegetation crown cover on site would be
removed. Therefore, no tree replacement would be required by the zoning ordinance for
this residential development.
The subdivision ordinance requires three trees on average for every planned lot (City Code
Ch. 32, Subd. 5 (13)(q)(1)), whether tree replacement is required by the zoning ordinance or
not. So, a total of 6 trees would be required for the 2 new buildable lots requested in this
preliminary plat.
However, City Code Section 32-1, Subdivision, Subd. 4(9) indicates alternative design
standards may be considered when there are ‘unique conditions’. Since the property has
many mature trees, and none of them will be removed to develop the lots, the City should
consider waiving the requirement for the landscaping trees. This has been done for the
other lots that have subdivided between Creekside Crossing and Neal Avenue.
1 Orderly Annexation Agreement, Section 6.01, d and e. 2 This total is based on the 2018 rates. Rates increase annually in step with the cost of construction index.
7990 Neal Ave
Page 4 of 5
Miscellaneous
The City of Stillwater obtained a narrow strip of land between the Creekside Crossing right-
of-way and this property’s western boundary through foreclosure. This foreclosed strip of
land was created as Outlot G when Creekside Crossing was developed. The City obtained
the outlot for extra road right of way. So, driveways crossing them can be done without an
easement.
No comprehensive drainage plan is required for subdivisions that contain less than four
lots.
III. VACATION OF EASEMENTS
The existing drainage and utility easements platted on this property need to be vacated so
the wider easements recommended by the City Engineer can be platted. Those wider
easements are included in the preliminary plat. The documents vacating the easement will
need to be signed by the land owner prior to release of the final plat from City offices, and
then filed together with the new plat.
ALTERNATIVES
A. Approval If the Planning Commission finds the rezoning and preliminary plat requests
to be satisfactory, then the Commission should move to recommend that the
City Council approve them both.
B. Table If the Planning Commission finds that the application is not complete enough
to make a recommendation, it could continue the review for additional
information.
C. Denial If the Planning Commission finds the rezoning and preliminary plat requests
are not satisfactory, then the Commission could recommend that the City
Council deny them both. The Commission should indicate a reason for the
denial and state whether or not the denial is with prejudice.
FINDINGS AND RECOMMENDATION
Staff finds the rezoning to be in conformance with the Comprehensive Plan and consistent
with the neighborhood. And finds the preliminary plat to be consistent with the
development standards found in the City Zoning and Subdivision Code.
Therefore, staff recommends Alternative A with the following conditions:
7990 Neal Ave
Page 5 of 5
1. All future electrical and communications utility lines shall be buried.
2. If determined acceptable by the Park and Recreation Commission, this development
will be responsible for paying $5,000 to the City for park and trail dedication fees.
These fees will be due prior to release of the final plat from the City for recording
with Washington County.
3. This development shall be responsible for paying the applicable development
impact fees prior to release of the final plat for recording with Washington County.
4. Lots 1 and 2 must receive their sanitary sewer and municipal water from the stubs
located on the east side of Creekside Crossing. Lot 3 must receive its sanitary sewer
and municipal water from the east side of Neal Avenue. The construction means
and methods for connecting Lot 3 to these utilities must be approved by the City
Engineer prior to commencing any construction work or issuing a building permit.
5. The documents necessary to vacate the existing drainage and utility easements must
be signed by the land owner prior to release of the final plat from City offices, and
then filed together with the new plat.
Attachments: Site Location Map
Preliminary Plat
Concept Grading Plan
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General Site Location
Site Location Map
7990 Neal Ave N
312BLOCK 1146.26146.1417.32105.28 N89°56'45"W289.72N00°03'15"E90.00143.44146.267.76 90.04
10 NEAL MEADOWS 5TH ADDITIONKNOW ALL PERSONS BY THESE PRESENTS: That Craig D. Wahlquist, a single person, fee owner, of the following described property situated in the County of Washington, State of Minnesota,to wit:Lot 4, Block 2, NEAL MEADOWS, according to the recorded plat thereof, Washington County, MinnesotaHave caused the same to be surveyed and platted as NEAL MEADOWS 5TH ADDITION and does hereby dedicate to the public for public use forever the easements created by this plat fordrainage and utility purposes only.In witness whereof said Craig D. Wahlquist, a single person, has hereunto set his hand this _________ day of ______________, 201___.________________________Craig D. WahlquistSTATE OF MINNESOTACOUNTY OF WASHINGTONThe foregoing instrument by Craig D. Wahlquist, a single person, was acknowledged before me on this _______ day of ______________, 201___.____________________________________ ___________________________________Notary Public ________________ County, MinnesotaMy Commission Expires January 31, 2020I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted or directly supervised the surveying and platting of the property described on this plat as NEAL MEADOWS 5THADDITION; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels arecorrectly designated on this plat; that all monuments depicted on the plat have been correctly set; that all water boundaries and wet lands as of this date, as defined in Minnesota StatutesSection 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled on this plat.Dated this _________ day of ___________________, 201___.______________________________Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 25718STATE OF MINNESOTACOUNTY OF WASHINGTONThe foregoing Surveyor's Certificate was acknowledged before me on this _________ day of ___________________, 201___, by Daniel L. Thurmes, Licensed Land Surveyor.______________________________________ ______________________________Notary Public,Dakota County, MinnesotaMy Commission Expires January 31, 2020PLANNING AND ZONING COMMISSION OF THE CITY OF STILLWATERThe foregoing plat of NEAL MEADOWS 5TH ADDITION was approved and accepted by the Planning and Zoning Commission of the City of Stillwater, Minnesota, this _________dayof__________________, 201____.By _________________________ its Chairperson By_________________________ its SecretaryCITY COUNCIL OF THE CITY OF STILLWATERThis plat of NEAL MEADOWS 5TH ADDITION was approved by the City Council of the City of Stillwater, Minnesota, this _________day of__________________, 201___ and hereby certifiescompliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2By _________________________, Mayor By_________________________, ClerkWASHINGTON COUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this _______ day of______________, 201_____.By __________________________ By __________________________ Washington County SurveyorWASHINGTON COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 201___, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes,Section 272.12, there are no delinquent taxes and transfer entered, on this _________ day of ________________ 201_____.By ________________________________Washington County Auditor/Treasurer By ________________________________ DeputyWASHINGTON COUNTY RECORDERDocument Number ___________________I hereby certify that this instrument was recorded in the Office of the County Recorder for record on this _______ day of _____________, 201___, at ____ o'clock ____. M., and was duly recordedin Washington County Records.By_________________________________ Washington County Recorder By _______________________________ DeputyCORNERSTONELAND SURVEYING, INCVICINITY MAPSE1/4SW1/4NE1/4NW1/4SITESEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MNNOT TO SCALEDENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. SCALE IN FEETNORTHSCALE: 1 INCH = 30 FEET030601010ARE SHOWN AS THUS:DRAINAGE AND UTILITY EASEMENTS(NOT TO SCALE)55THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE EAST LINE OF THE SE 1/4 OF SEC. 19, T30, R20, WHICH IS ASSUMED TO HAVE THE BEARING OF N00°01'56"E.BEING 10 FEET IN WIDTH AND ADJOININGSTREET LINES AND BEING 5 FEET IN WIDTHAND ADJOINING LOT LINES AND BOUNDARYUNLESS OTHERWISE SHOWN ON THE PLAT.DENOTES FOUND 1/2 INCH IRON PIPE.
312BLOCK 1146.26146.1417.32105.28 N89°56'45"W289.72N00°03'15"E
90.00143.44146.267.76 90.04
POSSIBLEFUTURE LOT(12,800 SQ. FT.)FUTURE LOT LINE
10
PID#1903020110007OWNER:Craig Wahlquist7990 Neal Ave. NStillwater, MN 55082651-402-0387COUNTY/CITY:REVISIONS:PROJECT LOCATION:DATEREVISION7990LEGAL DESCRIPTION:NEAL. AVE. N.CITY OF STILLWATERWASHINGTONCOUNTYLot 4, Block 2, NEAL MEADOWS, Washington County, Minnesota5-4-18 PRE-PLATCERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________NEALMEADOWSZZ17457SURVZZ457PRELIMINARYPLATLAND SURVEYING, INC.CORNERSTONESuite #16750 Stillwater Blvd. N.Stillwater, MN 55082Phone 651.275.8969Fax 651.275.8976dan@cssurvey.netPROJECT NO.FILE NAME5-4-18BENCHMARKSELEVATIONS BASED ON NAVD 88.UNDERGROUND UTILITIES NOTES:THE UNDERGROUND UTILITIES SHOWN HAVE BEENLOCATED FROM FIELD SURVEY INFORMATION ANDEXISTING DRAWINGS. THE SURVEYOR MAKES NOGUARANTEE THAT THE UNDERGROUND UTILITIES SHOWNCOMPROMISE ALL SUCH UTILITIES IN THE AREA, EITHER INSERVICE OR ABANDONED. THE SURVEYOR FURTHER DOESNOT WARRANT THAT THE UNDERGROUND UTILITIESSHOWN ARE IN THE EXACT LOCATION INDICATEDALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATEDAS ACCURATELY AS POSSIBLE FROM THE INFORMATIONAVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATEDTHE UNDERGROUND UTILITIES. GOPHER STATE ONE CALLLOCATE TICKET NUMBER 181091947. SOME MAPS WERERECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TOTHE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICHWE ARE UNAWARE MAY EXIST.CALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One Call1. BEARINGS ARE BASED ON COORDINATES SUPPLIEDBY THE WASHINGTON COUNTY SURVEYORS OFFICE.2. UNDERGROUND UTILITIES SHOWN PER GOPHERONE LOCATES AND AS-BUILTS PLANS PROVIDED BYTHE CITY OF STILLWAER PUBLIC WORKSDEPARTMENT.3. THERE MAY SOME UNDERGROUND UTILITIES, GAS,ELECTRIC, ETC. NOT SHOWN OR LOCATED.SURVEY NOTES:0NORTH20 40DEVELOPEMENT DATALEGEND:UNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONCRETE SURFACEBITUMINOUS SURFACEFOUND MONUMENTSET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC MANHOLEELECTRIC METERELECTRIC PEDESTALELECTRIC TRANSFORMERLIGHT POLEGUY WIREPOWER POLEGAS MANHOLEGAS METERTELEPHONE MANHOLETELEPHONE PEDESTALSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTCURB STOPWATER WELLWATER MANHOLEWATER METERPOST INDICATOR VALVEWATER VALVEBOLLARDFLAG POLEMAIL BOXTRAFFIC SIGNUNKNOWN MANHOLESOIL BORINGTRAFFIC SIGNALCONIFEROUS TREEDECIDUOUS TREEPRELIMINARY PLAT5TH ADDITIONVICINITY MAPSE
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SITESEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MNNOT TO SCALEEASEMENT VACATIONTHE FOLLOWING REQUEST TO VACATE ALL EXISTING DRAINAGE AND UTILITYEASEMENTS COVERING THE EXISTING LOT 4. NEW EASEMENTS WILL BEDEDICATED ON THE PROPOSED PLAT OF NEAL MEADOWS 5TH ADDITION.Those particular Drainage and Utility Easements over all of Lot 4, Block 2, asdedicated on the plat of NEAL MEADOWS, Washington County, Minnesota.BUILDING SETBACKS:FRONT = 30'REAR = 10'REAR = 25'MAX 30% LOT COVERAGETOTAL PARCEL AREA = 55,247 SQ. FT.LOT 1, BLOCK 1 = 29,047 SQ. FT.LOT 2, BLOCK 1 = 13,042 SQ. FT.LOT 3, BLOCK 1 = 13,158 SQ. FT.
312BLOCK 165.00 41.00898.6 65.00898.6 898.6898.6GARAGE
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90.00143.44146.267.76 90.0465.00 41.00900.3 65.00900.3 900.3900.3GARAGE
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REMOVE WELLDIRECTION BORE UNDER NEAL AVE.1" WATER SERVICETIE INTOEXISTINGSAN &WATER8" SANITARY1" WATER SERVICENEWMH0NORTH20 40LEGEND:UNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONCRETE SURFACEBITUMINOUS SURFACEFOUND MONUMENTSET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC MANHOLEELECTRIC METERELECTRIC PEDESTALELECTRIC TRANSFORMERLIGHT POLEGUY WIREPOWER POLEGAS MANHOLEGAS METERTELEPHONE MANHOLETELEPHONE PEDESTALSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTCURB STOPWATER WELLWATER MANHOLEWATER METERPOST INDICATOR VALVEWATER VALVEBOLLARDFLAG POLEMAIL BOXTRAFFIC SIGNUNKNOWN MANHOLESOIL BORINGTRAFFIC SIGNALCONIFEROUS TREEDECIDUOUS TREEPID#1903020110007OWNER:Craig Wahlquist7990 Neal Ave. NStillwater, MN 55082651-402-0387COUNTY/CITY:REVISIONS:PROJECT LOCATION:DATEREVISION7990NEAL. AVE. N.CITY OF STILLWATERWASHINGTONCOUNTY5-4-18 PRE-PLATCERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________NEALMEADOWSZZ17457SURVZZ457CONCEPTUALGRADING PLANLAND SURVEYING, INC.CORNERSTONESuite #16750 Stillwater Blvd. N.Stillwater, MN 55082Phone 651.275.8969Fax 651.275.8976dan@cssurvey.netPROJECT NO.FILE NAME4-26-18CONCEPTUAL GRADING PLAN5TH ADDITIONVICINITY MAPSE
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SITESEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MNNOT TO SCALELEGAL DESCRIPTION:Lot 4, Block 2, NEAL MEADOWS, Washington County, MinnesotaBENCHMARKSELEVATIONS BASED ON NAVD 88.UNDERGROUND UTILITIES NOTES:CALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One Call1. BEARINGS ARE BASED ON COORDINATES SUPPLIEDBY THE WASHINGTON COUNTY SURVEYORS OFFICE.2. UNDERGROUND UTILITIES SHOWN PER GOPHERONE LOCATES AND AS-BUILTS PLANS PROVIDED BYTHE CITY OF STILLWAER PUBLIC WORKSDEPARTMENT.3. THERE MAY SOME UNDERGROUND UTILITIES, GAS,ELECTRIC, ETC. NOT SHOWN OR LOCATED.SURVEY NOTES:DEVELOPEMENT DATAEASEMENT VACATIONTHE FOLLOWING REQUEST TO VACATE ALL EXISTING DRAINAGE AND UTILITYEASEMENTS COVERING THE EXISTING LOT 4. NEW EASEMENTS WILL BEDEDICATED ON THE PROPOSED PLAT OF NEAL MEADOWS 5TH ADDITION.Those particular Drainage and Utility Easements over all of Lot 4, Block 2, asdedicated on the plat of NEAL MEADOWS, Washington County, Minnesota.BUILDING SETBACKS:FRONT = 30'REAR = 10'REAR = 25'MAX 30% LOT COVERAGETOTAL PARCEL AREA = 55,247 SQ. FT.LOT 1, BLOCK 1 = 29,047 SQ. FT.LOT 2, BLOCK 1 = 13,042 SQ. FT.LOT 3, BLOCK 1 = 13,158 SQ. FT.THE UNDERGROUND UTILITIES SHOWN HAVE BEENLOCATED FROM FIELD SURVEY INFORMATION ANDEXISTING DRAWINGS. THE SURVEYOR MAKES NOGUARANTEE THAT THE UNDERGROUND UTILITIES SHOWNCOMPROMISE ALL SUCH UTILITIES IN THE AREA, EITHER INSERVICE OR ABANDONED. THE SURVEYOR FURTHER DOESNOT WARRANT THAT THE UNDERGROUND UTILITIESSHOWN ARE IN THE EXACT LOCATION INDICATEDALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATEDAS ACCURATELY AS POSSIBLE FROM THE INFORMATIONAVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATEDTHE UNDERGROUND UTILITIES. GOPHER STATE ONE CALLLOCATE TICKET NUMBER 181091947. SOME MAPS WERERECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TOTHE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICHWE ARE UNAWARE MAY EXIST.
CITY COUNCIL
DATE: June 29, 2018
CASE NO: 2018-27
TOPIC: Ordinance amendment to allow outside events in
PA, Public/Institutional Zoning District
FROM: Bill Turnblad, Community Development Director
INTRODUCTION
At the April 3, 2018 City Council meeting staff was directed to draft an ordinance that would
allow the Library to operate outside events by Special Use Permit. On June 13, 2018 the
Planning Commission held a public hearing on the proposed ordinance.
COMMENTS
Attached is the first draft of the ordinance that would add the PA, Public/Institutional Zoning
District to the list of districts that allow outside events with a Special Use Permit.
A first draft of a Special Use Permit Resolution for the Library is also attached. Though, this is
for informational purposes. If the ordinance is passed, then the Library would make application
for the Special Use Permit and go through a separate hearing process.
RECOMMENDATIONS
Planning Commission – The Planning Commission unanimously recommended approval of the
proposed ordinance amendment.
City staff – Staff recommends approval of the ordinance.
REQUEST
Staff requests the Council to review and take action on the first reading.
Attachments: Draft Ordinance
Draft Special Use Permit
Planning Commission Minutes
Page 2 of 7
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 outside events in the PA,
Public/Institutional Zoning District by Special Use Permit.
1. Amending. Stillwater City Code Section 31-325, Allowable uses in non-residential
districts, is amended as follows:
8 These uses may be approved directly by the city council if the event is a one-time special event not occurring on a
regular basis.
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 ________ day of July, 2018.
CITY OF STILLWATER
______________________________
Ted Kozlowski, Mayor
ATTEST:
_______________________________
Diane F. Ward, City Clerk
Allowable
uses
Zoning Districts
CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS
Outside
sales or
special
events8
SUP SUP SUP SUP
Page 3 of 7
RESOLUTION 2018-
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING A
SPECIAL USE PERMIT FOR OUTSIDE EVENTS
FOR THE STILLWATER PUBLIC LIBRARY
CPC CASE NO. 2018-17
WHEREAS, outdoor events are allowed in the PA, Public/Institutional Zoning
District with a Special Use Permit; and
WHEREAS, the Stillwater Public Library is located within the PA,
Public/Institutional Zoning District and has requested a Special Use Permit to operate
outdoor events on the library property; and
WHEREAS, on ___________ the Planning Commission held a public hearing on
the Special Use Permit request.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of Stillwater hereby approves the Special Use Permit because it finds the
requested use to conform to the Zoning Code, the Comprehensive Plan, and other lawful
regulations; and further finds that with the conditions below, the use will not constitute
a nuisance or be detrimental to the public welfare of the community.
1. Rental is available on Fridays and Saturdays until 12:00 midnight; and all events
must end by 11:00 p.m. to allow for clean-up and closing by midnight. Sunday
through Thursday, event rental is available until 9:00 p.m. Event start times may
vary based on parameters set by the Library. Upon receiving an application, the
Library Board may make an exception to the Sunday through Thursday end-time
schedule. The Venue Coordinator will work with the Renter to determine arrival
and departure times.
2. The Renter is required to put down a Noise Deposit fee as set by the Library
Board prior to the event. This deposit will be returned after the event if there
have been no infractions of the Library Noise Procedures.
3. DJs, musicians, and any other performer who provides amplified music/sound
for the Renter will be instructed by the Venue Coordinator of our strict noise
procedures. They will be given a copy of the City of Stillwater Code that pertains
to noise and instructed about the decibel levels within compliance and penalties
incurred for noncompliance.
Page 4 of 7
4. DJs, musicians, and any other performer must honor requests from the Venue
Coordinator, on-site Security Officer, Library Staff, or Stillwater City Police for
reduction of music/sound levels. The Library retains the right to end the play of
music at any time if a request to reduce the volume levels is not obeyed. The
Library retains the right to determine reasonable volume, amplification, and bass
levels.
5. DJs, musicians, and any other performer must keep the music/sound volume
levels within City of Stillwater Noise Ordinance compliance. All requests for
reduction of music/sound levels from the Venue Coordinator, on-site Security
Officer, Library Staff, or Stillwater City Police must be obeyed.
6. All outdoor amplified music/sound must end no later than 10:00 p.m. on Friday
and Saturdays. On Sundays through Thursdays, all outdoor amplified
music/sound must end no later than 8:00 p.m. unless a special allowance has
been approved by the Library Board.
7. All vendor vehicles must be parked in the designated area for efficient loading
and unloading of event materials. Noise from carts, dollies, and hauling of
equipment should be done as quietly and respectfully as practical.
8. Vendor staff will be instructed that the Library is located in a residential
neighborhood and they need to conduct themselves accordingly.
9. The Library is not responsible for the noise or activities of the Renter and their
guests outside the Stillwater Public Library premises.
Adopted by the Planning Commission of the City of Stillwater, Minnesota this _____ day
of July, 2018.
CITY OF STILLWATER
Ryan Collins, Chair
ATTEST:
Abbi Wittman, City Planner
Page 5 of 7
Excerpt
Planning Commission Minutes
6/13/18
(Draft, not yet adopted by Commission)
Case No. 2018-27: Consideration of a Zoning Text Amendment to allow special events in the
PA Zoning District for the Stillwater Public Library located at 224 Third Street North. Bill
Turnblad representing the City of Stillwater, applicant.
City Planner Wittman reported that staff was directed by the City Council to draft an
ordinance that would allow the Library to operate outside events by Special Use Permit
(SUP). On May 1, 2018 staff presented the draft of the ordinance and a draft of a Special Use
Permit Resolution to the Council. The Council then directed staff to hold a public hearing
before the Planning Commission. The Planning Commission is requested to hold the hearing
and forward a recommendation to the Council. If the ordinance is adopted by the Council,
then the Planning Commission would hold a public hearing in July on the Special Use Permit
itself. The Zoning Text Amendment would apply to all PA zoned lands. Currently, up to
three public events are allowed in any district without any special permit or license.
Commissioner Hansen asked if all events at one venue would fall under one Special Use
Permit. Ms. Wittman replied yes. Commissioner Hansen asked if the City would have any
way of having more control. Ms. Wittman replied that the City could probably limit the total
number of events per year at that site. It all comes down to the conditions of approval.
Additionally, the Commission could consider recommending that the Council explore
establishing performance standards for all special events in the PA District, however staff
believes this can be handled through the use permitting process at the time an application for
a Special Use Permit is made.
Commissioner Fletcher said she would like to consider whether approving the Zoning Text
Amendment would cause unintended consequences. She believes the amendment is simply
adding to an existing structure for obtaining Special Use Permits so she doesn’t see any
unintended consequences.
City Planner Wittman reminded the Commission that at the time of application, they would
look at that specific property and the concerns of that neighborhood and tailor the permit to
that use. Currently, special events in these areas are not allowed, however the City knows
that they are occurring. The amendment will help memorialize and legitimize these uses. The
uses will have to come back before the Commission and this will give more control over the
uses. The Planning Commission has the final authority on SUPs but there is a clause that
when accountability is an issue, the Commission may defer them to the Council.
Commissioner Hansen expressed concern about separation of power because the amendment
involves several government owned properties. He would be more comfortable if the
Planning Commission, which is appointed, not elected, has some say in the granting of the
SUPs as opposed to the Council.
Page 6 of 7
Chairman Collins opened the public hearing.
Susie Quaderer, 304 North Third Street, who shares a driveway with the library, said that the
neighbors started this conversation 11 years ago. For the last three years, she has badgered
the City about special events not being allowed in the Public Administration zone. The
Library Board has met with neighbors about the issues of noise, parking problems, driveways
being blocked, and rowdy indoor drunk attendees of events. These problems persist despite
an event coordinator and police officer being on site. There are events every weekend at the
library May till October. She asked that the City further restrict the type and size of events
held at the library and prohibit the wedding receptions.
Mark Troendle, Library Director, said since he was hired as director in September 2017, a
Library Events Task Force reviewed and rewrote the library events policy and procedures,
increased damage and noise deposits, changed where smoking is allowed, and strengthened
the authority of the venue coordinator, staff and security officer. If amplified sound is too
loud, all those individuals have the ability to ask it be turned down or off. The library is
working to be a good neighbor and is interested in continuing to host weddings as a service
to the community and an opportunity to generate additional revenue.
Timothy Paskvan, 314 Fourth Street North, stated the library events have gotten better but
can get better yet by adhering to the principles of being good neighbors and also of local
volume control. Good neighbors will turn down the volume when it upsets their neighbors.
When the Police Chief has been called, the sound goes down immediately. Mr. Paskvan said
he is a big user of the library and wants it to stay afloat but also wants to enjoy his home in
reasonable peace and quiet. He thanked Sandy, the current library event coordinator, for
doing a good job of volume control.
Maureen Bell, 205 Crestwood Terrace, Vice President of the Library Board and chair of the
task force that worked on the events policy, stated that when the library’s terrace was
constructed in 2006-07 there was discussion with City Council members about events using
that space to enhance the library’s visibility in the community and raise revenue. Now after
10-11 years, the library has learned a lot about how these events work and where they need
improvement. The Library Board wants to work with the neighbors and has worked hard to
make adjustments in the policy that address many of these issues. It is not a guarantee that
there will not be a future problem, but the board wishes to convey its good will to work with
the neighbors.
Chairman Collins closed the public hearing.
Chairman Collins commented that he hopes the neighbors will come back again if there are
SUP applications if the Zoning Text Amendment moves forward.
Commissioner Fletcher said she feels the amendment lays a good foundation for governing
future approvals.
Page 7 of 7
Commissioner Lauer asked if the amendment is denied, would weddings no longer be
permitted to take place at the library? City Planner Wittman replied if the Council decided to
not have the SUPs then zoning enforcement would be responsible for enforcing the code
prohibiting events at the library.
Commissioner Hansen said he supports the amendment because it gives the City the power to
have a discussion about the events at the library and that is the important thing to put in
place.
Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to recommend approval
of Case No. 2018-27, a Zoning Text Amendment to allow special events in the PA Zoning
District for the Stillwater Public Library located at 224 Third Street North. Motion passed 4-0.
CITY COUNCIL
DATE: June 28, 2018
TO: Mayor & Council Members
REGARDING: Small Wireless Facilities Ordinance
FROM: Abbi Wittman, City Planner
Bill Turnblad, Community Development Director
INTRODUCTION
The City has been developing an ordinance to regulate the next generation of wireless
communications technology. The Planning Commission has held a public hearing and
recommended approval of a draft of that ordinance. The next step in the adoption
process is for the City Council to hold a public hearing and consider the first reading.
But, that reading has been tabled because Xcel Energy does not agree with the
applicability of the proposed regulations. Since, they own 95% of the poles upon which
most of the 5G equipment is likely to be installed, it is important to address the
disagreement.
Although staff has developed proposed design standards based on Xcel’s current and
future infrastructure uses, Xcel Energy is requesting the City’s consideration of full
exemption of the regulations, including permitting. One of their concerns is that
wireless technology constantly changes. The attached supporting summary statement
has been provided by Xcel Energy.
COMMENTS
City Attorney Magnuson recommends approval of the proposed ordinance and design
standards for Xcel Energy with the option to amend the standards as wireless
technology evolves. In addition, to address another Xcel concern, the ordinance can be
written to allow permitting exemptions so long as only one small wireless facility was
placed on a pole. To address a final Xcel Energy concern, design standard amendments
could be approved could administratively, rather than through a public hearing
process.
COUNCIL ACTION REQUESTED
Xcel Energy is requesting the City Council to grant them a full exemption from the
future design standards and permitting process.
RECOMMENDATION
Staff recommends setting a public hearing date for the first reading, and publishing a
new hearing notice for it, when there is a solution to the impasse with Xcel. Staff
further recommends that the Council not grant a full exemption to Xcel Energy from the
proposed small wireless regulations, requiring specific design standards for future
infrastructure.
Stillwater: Small Wireless Facilities Draft Ordinance
Xcel Energy exemption status request/summary text
6/22/18
Xcel Energy, a franchised utility providing natural gas and electric service to Stillwater, is requesting total
exemption status from the small wireless facilities ordinance requirements for the following reasons:
1. Small wireless AMI (Advanced Metering Infrastructure) and intelligent street lighting are utilized
by Xcel Energy to support basic electric service delivery to its customers. It is an essential
equipment attachment to our overhead electric poles no different than transformers and
capacitor banks.
2. Xcel Energy's small wireless equipment provides high speed connectivity to electric field devices
such as switches, capacitors and reclosures. Our wireless equipment allows for remote access
to these devices and will aid in faster power restoration timeframes and a reduction in affected
customer counts during power outages.
3. Xcel Energy's small wireless equipment is a necessary component for electric service and
performs a different function than small wireless devices supporting a telecommunications
network. Xcel Energy small wireless equipment does not provide a communication service for
the general public.
4. Xcel Energy is recognized as a leader among public utility companies across the nation. We are
known for adopting environmentally sound technologies and policies to enhance the customer
experience and support public preference for green alternatives. All of our operating
employees are educated to make design and construction decisions based on these underlying
principles.
5. Xcel Energy is regulated by operating tariffs created under the authority of the Minnesota Public
Utilities Commission requiring reasonable and prudent installation of standard facilities in
compliance with the National Electric Safety Code. This means we reserve the right to designate
the type and size of facilities to be installed overhead and within the "power zone" of our
overhead distribution system for safety and reliability.
6. Requiring a design review process any time technology changes could easily present an
administrative burden for both the city and Xcel Energy. Technology advances are rapidly
occurring and while we therefore cannot guarantee specific configurations or sizes, any
equipment to be installed by Xcel Energy will continue to be within the parameters of a "small
wireless facility" as defined by the City. We utilize good utility practices along with state and
federal engineering and safety standards.
7. Xcel Energy has a long history operating its electric system in the Stillwater area dating back to
1909. For nearly 110 years, our company has demonstrated its commitment to the St. Croix
River valley area with respect to environmental stewardship, safe and reliable operations and
community engagement. We have a long track record of proactively communicating with city
representatives on a variety of matters and issues such as major operational modifications. We
suggest the continuance of the existing practice of having our community relations staff notify
city representatives of any future significant modifications to our wireless pole attachments
rather than a formal design review process.
Date:
TO:
FROM:
June 28, 2018
Mayor and Council
Diane Ward, Chy Clerk
SUBJECT: Chapter 30, Solid Waste & Recycling
Attached is the updated ordinance for Chapter 30, Solid Waste & Recycling with Council's
direction to remove the hours of operation in the commercial areas.
In May, staff presented the fees of other Washington County cities that license haulers as
follows:
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 Ortly: $250.00
Average License Fee:
( excluding roll oft)
$294:55 Staff recommends: $300.00 -hauler license
$50.00 -roll off only
Also attached is a resolution, with the staffs recommended fee, amending the City's fee
schedule to include the licensing of haulers and roll offs. It .should be noted that proposed
licensing of haulers would begin January 1, 2019.
RECOMMENDATION:
Staff recommends the approval of the second reading of the attached ordinance.
ACTION REQUIRED:
If Council concurs, they should pass a motion approving the second reading of Ordinance
1106, AN ORDINANCE AMENDING CHAPTER 30 OF THE STILLWATER CITY CODE,
ENTITLED GARBAGE AND RUBBISH and a resolution entitled "RESOLUTION AMENDING
RESOLUTION 2018-022, 2018.FEE SCHEDULE"
Page 1 of 17
ORDINANCE NO. 1106
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:
Subd. 1. Achieve a reduction in waste generated.
(1) To protect the public health, safety, comfort, convenience, and general
welfare of the residents of the city.
(2) Encourage the separation and recovery of materials and energy from waste.
(3) To establish powers, duties, rules, regulations, and standards for the
removal of solid waste from the city.
(4) Promote best management practices in solid waste management to protect
air quality, water quality, and natural resources.
(5) Provide high quality solid waste and recycling services in the most cost-
effective manner possible.
(6) 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.
(7) To meet minimum standards and requirements established by rules of the
Minnesota Pollution Control Agency regarding solid waste.
(8) 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.
(9) To provide for the administration of the ordinance.
The city has authority to enact ordinances for these purposes under Minn. Stat. §412.221,
subd. 22, which requires the city council to provide for or regulate the disposal of garbage,
recycling and other solid waste.
Page 2 of 17
Sec. 30-2. Definitions.
The following terms, as used in this Chapter, shall have the meaning stated:
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 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 and is a subset of
Municipal Solid Waste (MSW). It 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. Stat. §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.
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 generate 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.
Page 3 of 17
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.
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 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 Minn. Stat. §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 Minn. Stat.
§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.
Page 4 of 17
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 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.
Recycling shall have the definition in Minnesota Statutes 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 three 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.
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. 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.
Page 5 of 17
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.
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 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.
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.
Page 6 of 17
(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 agreemen t
negotiated with the city’s hauler.
Subd. 1. 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. 2. 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.
Subd. 3. Walk-up service may be available for garbage or recycling which is applied for on
a case-by-case basis.
Sec. 30-5. 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. 30-6. Required Collection of Mixed Municipal Solid Waste.
Subd. 1. Any commercial property or any other structure in the city, including churches and
halls, shall have garbage collected by hauler licensed by the city and shall comply
with this section.
Subd. 2. All garbage shall be disposed of in compliance with state law and county policies
regarding required processing of waste.
Sec. 30-7. 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 17
Subd. 3. Daily service hours shall be between the hours of 7:00 a.m. and 7:00 p.m. for
residential areas (as defined residential dwelling service/residential dwelling
district) in the city. No Collection service shall take place outside of these hours.
Subd. 4. The pickup of normal household waste and yard 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. 5. Pickup of commercial waste, including MSW, food waste, grease, recyclables and
all other wastes shall occur no less than once per week, and as often as necessary
so that containers do not overflow and no objectionable odors can be detected more
than three (3) feet from any container.
Subd. 6. Hauler shall 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. 30-8. 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 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. The
licensed hauler 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. Hauler 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 system. Hauler shall also notify customers at least once each year of
proper recyclables preparation for collection, including the list of recyclable
materials.
Page 8 of 17
Sec. 30-9. 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 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. 2. 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.
Subd. 3. SSOM to be collected. The city council shall determine the beginning of SSOM
collection in the city.
When SSOM collection begins, service plans including frequency of collection,
required disposal at a licensed facility, reporting to the city, and other city-specified
parameters shall be required to be approved by the city in writing prior to
implementation.
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. 30-10. 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 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 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.
Page 9 of 17
(3) Nor shall any person, cast, throw or deposit any MSW, recyclables, bulky
waste, yard waste, construction/demolition debris, 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. 30-11. 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.
Sec. 30-12. 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.
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.
Page 10 of 17
Sec. 30-13. – 30-25. Reserved.
Page 11 of 17
ARTICLE II. SOLID WASTE AND RECYCLING HAULER
LICENSE REGULATIONS (EFFECTIVE 2019)
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.
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 four license categories defined by the type of account served:
1. Commercial property
2. Roll-off service
3. Residential service
4. Recycling service
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 hauler, 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 hauler’s 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.
Page 12 of 17
The prescribed exhibits include, but are not limited, to:
Subd. 1. Proof of insurance for property damage liability, general liability, and bodily
injury liability.
Insurance secured by the hauler 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. Hauler’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 hauler’s performance. Hauler’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. Hauler 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 hauler and its sub-contractors shall secure
and maintain the following insurance:
(1) Workers compensation insurance. Workers compensation insurance as
specified by the Minnesota Department of Occupational Health and Safety
and federal law.
(2) Commercial general liability insurance. Hauler 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
(3) 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 completed operations liability
• City must be endorsed as an additional insured
(4) Business Automobile Liability Insurance. Hauler 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 the agreement with
the city with minimum limits as follows:
• $1,000,000 – per occurrence combined single limit for bodily injury and
property damage
Page 13 of 17
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.
Subd. 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.
Subd. 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.
Subd. 4. Surety bond or cash deposit. The applicant shall deposit with the application the
sum of ten thousand dollars ($10,000) or, in the alternative shall file with the city a
surety bond in an amount of 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 hauler shall be without insurance, or the
surety bond, the license shall terminate immediately without any further action of
the city.
Subd. 5. Yard waste service plan, including location of composting or disposal site.
Sec. 30-31. Equipment.
All equipment must meet the following standards.
Subd. 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.
Subd. 2. Cleaning. All vehicles shall be kept in a clean and sanitary condition.
Subd. 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.
Subd. 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.
Page 14 of 17
Trucks also shall be equipped to meet all federal, state, and municipal regulations
concerning vehicles used on public roads and maintained to meet these standards.
Subd. 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.
Subd. 6. Safety equipment. Each collection vehicle shall:
(1) 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;
(2) Operate within the weight allowed by Minnesota Statutes and local
ordinances;
(3) Be duly licensed and inspected by the State of Minnesota;
(4) Have a two (2) way communication device;
(5) Have a first aid kit;
(6) Have an approved fire extinguisher;
(7) Have warning flashers;
(8) Have a broom, shovel and absorbent material for cleaning up solid or fluid
spills;
(9) Have warning alarms to indicate movement in reverse;
(10) Have a sign on rear of vehicle which states “This vehicle makes frequent
stops”;
(11) All of the required equipment must be in proper working order.
(12) All vehicles must be maintained in proper working order and be as clean
and free of offensive odors as possible.
Subd. 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. Hauler 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 be 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.
Page 15 of 17
Sec. 30-33. Reporting requirements.
Subd. 1. Access to records. Each hauler shall provide to the city during normal business
hours, access to books, documents, papers, and other records of the hauler that are
directly pertinent to the issuance and monitoring of the license and required reports.
Subd. 2. Required reports. Each hauler shall submit the Minnesota Pollution Control
Agency (MPCA), the county, and other required reporting entities in the future,
required recycling reporting that is consistent with the county’s reporting
requirements for recyclable materials.
(1) 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 Washington County or the city for review.
(2) Failure to keep accurate weights and/or to furnish this data to Washington
County or the city within 30 business days of it being requested, shall entitle
the city to impose administrative penalties and/or to revoke the collection
license.
(3) In addition to the above requirements, the hauler shall participate with
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.
Page 16 of 17
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 hauler any violations of these
regulations or ordinances they observe in the performance of their work, and the
hauler 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 hauler neglects or fails to
comply with the provisions of 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 hauler has
been afforded an opportunity for a hearing under Minn. Stat. §§ 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.
(4) Failure to ensure contents do not leak or spill from vehicles or during
collection.
(5) 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.
Page 17 of 17
Subd. 9. All licensed haulers 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 hauler 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 hauler, 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 hauler’s license, the city license shall then
automatically be revoked or suspended for the same length of time, without further
action of the city.
2. SAVING. In all other ways the Stillwater City Code shall remain in full force and effect.
3. EFFECTIVE DATE. This Ordinance shall be effective upon its page and publication
according to law.
Adopted by the City Council this 3rd day of July, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
RESOLUTION AMENDING RESOLUTION 2018-022, 2018 FEE SCHEDULE
WHEREAS, the Stillwater City Council adopted Resolution 2018-022 entitled “Resolution
adopting 2018 Fee Schedule” on January 16, 2018; and
WHEREAS, the City Council has reviewed and adopted Ordinance 1106, Solid Waste &
Recycling which authorizes the licensing of haulers for solid waste, recycling and rolloff containers; and
WHEREAS, the City Council reviewed the proposed fees at their Special Meeting on Tuesday,
May 15, 2018.
WHEREAS, staff recommended the following fee for the haulers of solid waste, recycling and
rolloff containers: Hauler License Fee - $300.00 and Rolloff License Fee - $50.00
NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that Resolution 2018-
022 is hereby amended to reflect the following rates and licenses will be required beginning January 1,
2019.
Hauler License Fee - $300.00
Rolloff License Fee - $50.00
Adopted by the Stillwater City Council this 3rd day of July, 2018.
__________________________________
Ted Kozlowski, Mayor
ATTEST:
____________________________________
Diane F. Ward, City Clerk
CITY COUNCIL
DATE: June 28, 2018 PLANNING CASE NO.: 2018-11
APPLICANT: Patrick Juetten, Chief Manager, Stillwater Mills Commercial Partners
REQUEST: Amendment to Special Use Permit for Stillwater Mills on Main
REPORT FROM: Bill Turnblad, Community Development Director
INTRODUCTION
On May 1, 2018 the Council heard a request by the owner of the commercial garage in the Mills
on Main facility to delete Condition 6(J) of their Special Use Permit (Resolution 2003-214).
Condition 6(J) states that all commercial parking is to be available for use by the general public
during the hours when the commercial properties are not open for business.
The City Council held a public hearing, heard testimony, closed the public hearing, and
considered the request. But, a decision was tabled to give time for the owner to work with city
staff to find a solution other than simply deleting the condition.
The primary solution sought has been to negotiate with Hotel Lora to valet park their room
guest’s vehicles in the Mills on Main commercial garage rather than in the public parking
system. However, Hotel Lora was not interested.
Consequently, there is no solution being contemplated at the moment other than some type of
payment to the public parking system to offset deleting the condition.
ACTION DEADLINE
The decision deadline for this request is July 14, 2018. Since a decision would have to be made
on July 3 to meet the deadline, and a solution is not ready yet, the applicant has extended the
deadline for a month to August 14th.
Staff has scheduled the next hearing on this matter for July 17th.
MEMORANDUM
TO: Mayor and City Council
FROM: Shawn Sanders, Director of Public Works
DATE: June 28, 2018
RE: South Third Street Improvement
Project 2018-09
DISCUSSION
Bids for the Third Street South Improvement project were opened on Tuesday, July 26 at
Washington County Public Works. The County received one bid with the low bid submitted
by Meyer Contracting Inc in the amount of $2,327,340.09. Of that cost, the City will be
responsible for $431,181.29. These cost would be paid for by assessments, the Water Board,
the Sewer fund and the City.
RECOMMENDATION
It is recommended that the City accept the bids submitted for the South Third Street
Improvement, Project 2018-09.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion adopting the
Resolution 2018-ACCEPTING BID FOR THE SOUTH THIRD STREET
IMPROVEMENT (PROJECT 2018-09)
ACCEPTING BID FOR
THIRD STREET IMPROVEMENT PROJECT
(Project 2018-09)
WHEREAS, pursuant to an advertisement for bids for the Third Street Improvement Project,
bids were received, opened and tabulated according to law, by Washington County and the following
bids were received complying with the advertisement;
and
BIDDER
Meyer Contracting., Maple Grove, MN
ENGINEER'S ESTIMATE
BID AMOUNT
$2,327,340.99
$1,745,182.00
WHEREAS, it appears that Meyer Contracting, Inc. of Rogers, MN is the lowest responsible
bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA, that the above bid is received and approved by the City of Stillwater
City Council and directs staff to inform Washington County of the same
Adopted by the City Council this 3rd day of July 2018.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
COUNCIL REPORT
TO: Mayor & Council Members
FROM: Bill Turnblad, Community Development Director
DATE: June 29, 2018
RE: Parking request during County’s reconstruction of 3rd St
BACKGROUND
Washington County is reconstructing 3rd Street from Walnut Street to Chestnut Street. The project
will replace the concrete driving surface, as well as curb and gutter and sidewalks. Since the
project involves a new concrete road surface on a steep grade, a full road closure will be required
between Walnut and Chestnut.
The County anticipates that full road closure will begin mid to late-July and last up to 8
weeks. There will be no parking on 3rd St during the full closure. In addition, Municipal Lot 18
will not be accessible. Lot 19 will remain accessible from Pine St.
REQUEST
Due to the limited amount of parking on side streets, particularly during the day, the County
makes the following requests:
1) That the City allow 10-12 parking spaces be made available for residents in Municipal Lot
20. The spaces would be marked with signs indicating ‘Reserved for 3rd St Resident
Parking’. The signs would be provided and installed by the County. In addition, 8 spaces
will be reserved for resident parking in the Historic Courthouse Parking Lot.
2) That the City allow overnight parking for the reserved spaces in Lot 20.
3) That the City waive the fee of $1.50/space/day. The total waived fee is anticipated to be
approximately $1,008.00
Project location
Lot details
RECOMMENDATION
The Parking Commission recommends approval of the requests to reserve spaces, but not
to waive the reservation fee.
COUNCIL ACTION
The Council should consider both the lot reservation requests and the fee waiver request.
bt
WASIDNGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
JULY 3, 2018
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
Administration
Community Services
Property Records and Taxpayer
Services
ITEM
A. Approve June 12, 2018 and June 19, 2018, County Board Meeting Minutes.
B. Approve Grant Agreement between the county and MN Department of
Human Services in the amount of $185,447 for the period July 1, 2018
through June 30, 2019, and authorize its execution pursuant to Minn. Stat.
373.02.
C. Approve Laws Valley View Addition plat.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
Assistive listening devices artt av11/lsbf11 for use In the county Board Room
If you need assistance due to dlsabi#ty or language barrier, please call (651) 430-6000
EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
JUNE 26, 2018
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
Accounting and Finance
Community Services
Property Records and Taxpayer
Services
Public Works
ITEM
A. Resolution -Declaring Washington County's intent to retain a Certified
Public Accounting firm to perform its annual financial audit.
B. Resolution -Submit the 2019 application to the Minnesota Department of
Transportation for the Section 5310 grant.
C. Resolution -Approve an application from Hometown Hero Outdoor for an
exempt permit of Minnesota Lawful Gambling to conduct a raffle at the
Disabled Veterans Camp, 11300 180th Street North, May Township, on July
21, 2018.
D. Approve a 1 day temporary on-sale liquor license for the Minnesota Food
Association for a special event on July 14, 2018 in May Township.
E. Approve a 1 day temporary on-sale liquor license for the Minnesota Food
Association for a special event on October 14, 2018 in May Township.
F. Approve 1.0 Full-Time Equivalent Residential Property Appraiser .
G. Approve an abatement request for the property located at 100 Red Rock Road
in the City of Newport.
H. Resolution -Acquire Lots 1, 2 and 3, Block 3, Big Lake Estates (18135
Margo A venue, Scandia, Minnesota) for inclusion into the Big Marine Park
Reserve.
I. Resolution -Acquire right-of-way for County State Aid Highway (CSAH) 13
and CSAH 22 Intersection Project in the City of Cottage Grove.
J . Resolution -Amend Resolution No. 2018-050, adopted June 5, 2018, to
correct language to more accurately identify the facility from a county park to
a regional park.
K. Award bid of Contract No. 11821 in the amount of $151,560 with AAA
Striping Service Company for lane striping.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language baffier, please call (651) 430-6000
EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER