HomeMy WebLinkAbout1105 Ord (amending Chapter 22, City Administration, Boards Commissions etc) ORDINANCE NO. 1105
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
The City Council of the City of Stillwater, Washington County, Minnesota, does ordain:
1. Amending. Chapter 22, City Administration, shall be replaced in its entirety to read as follows:
Sec. 22-1. - Council meetings.
Regular meetings of the city council shall be held in the City Hall at 216 Fourth Street North,
Stillwater, Minnesota. The city council shall by resolution establish the time and date on
which the regular meetings are to be held and may from time to time change the date and
time of the regular meetings and published according to Minnesota Statute.
Sec. 22-2. - Custody and disposal of unclaimed property
All property lawfully coming into the possession of the city shall be turned over to the
Stillwater Police Department and if unclaimed by its owner shall be disposed according the
Police Department's Policy and Procedures for unclaimed property.
Net proceeds from the sale of property, shall be placed in the general fund of the city. Net
proceeds from the sale of forfeitures shall be placed in the forfeiture fund of the Stillwater
Police Department. Both funds are subject to the right of the former owner to payment of the
sale price to them from the fund upon application and satisfactory proof of ownership within
180 days of the sale.
Sec. 22-3. - Salaries established.
Each councilmember of the City of Stillwater shall, during the term of office, be paid the
sum of $600.00 per month, said sum to be paid bi-weekly. The mayor of the City of
Stillwater shall, during the term of office, receive the sum of$750.00 per month, payable
bi-weekly.
Sec. 22-4. - Municipal emergency management ordinance.
Subd. 1. Creation. Pursuant to Minnesota Statute Chapter 12.25 there is created within
the city government an emergency management agency that shall be under the
supervision and control of an Emergency Management Director, "the
director." The director shall be appointed by the mayor for an indefinite term
and may be removed by the mayor at any time. The director shall serve at a
salary set by the city council and shall be paid necessary expenses. The director
shall have direct responsibility for the organization, administration and
operation of the emergency management agency, subject to the direction and
control of the mayor.
Subd. 2. Organization and function. The emergency management agency shall be
organized as the director deems necessary to provide for the efficient
performance of local emergency management functions during an emergency,
or disaster situation. The agency shall perform emergency management
functions within the city and in addition shall conduct functions outside the
city as may be required by Minn. Stat. ch. 12 or this chapter.
Subd. 3. Powers and duties of director. With the consent of the mayor,the director shall
represent the city on any regional or state organization for emergency
management. The mayor and the director shall develop proposed mutual aid
agreements with other political subdivisions, within or outside the state, for
reciprocal emergency management aid and assistance in an emergency or
disaster situation emergency, too great to be dealt with unassisted, and shall
present the agreements to the city council for its action. The agreements shall
be consistent with the emergency operations plan and during an emergency or
disaster situation, the emergency management agency and emergency
management forces shall render assistance according to the provisions of the
agreements.
Subd. 4. Emergency operations plan. The director shall prepare a comprehensive
general city emergency operations plan and shall present the plan to the city
council for its approval. When the city council has approved the plan by
resolution, all emergency management forces of the city shall perform the
duties and functions assigned by the plan.
Subd. 5. Reports. The director shall prepare and present to the city council periodically,
a report of activities and recommendations.
Sec. 22-5. - Planning commission.
Subd. 1. Establishment of commission. There is an established city planning
commission.
Subd. 2. Comprehensive city planning. It shall be the duty of the planning commission
to review the comprehensive plan of the city and to recommend amendments
or additions to the plan for adoption by the city council, whenever changed
conditions or further study by the commission indicate that amendments or
additions are necessary. It shall be the duty of the planning commission to
recommend to the city council reasonable means for putting the plan into
effect, in order that it will serve as a pattern and guide for the physical,
economic and social development of the city.
Subd. 3. Procedure and amendments. No change shall be made in the comprehensive
plan, subdivision, or zoning ordinance or regulations, until the proposed
change has been referred to the planning commission for study and report and
a copy of the report has been submitted to the city council. Failure of the
planning commission to report within 60 days,or a longer period if allowed by
the city council after reference, shall be deemed to be its approval of the
proposed change.
Subd. 4. Duty to review. The planning commission shall review the city zoning
ordinance and may recommend to the city council amendments or additions,
whenever changed conditions or studies by the commission indicate that
amendments or additions are necessary. In addition, the commission shall
exercise the powers given to it with respect to administration of requests for
variances, special and conditional use permits, subdivisions requests and
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general project review as set forth in this chapter, where applicable, and
Section 31-201,Duties and Responsibilities,Chapters 32 and 34,as applicable.
Subd. 5. Official map. The planning commission, after city council adoption of a
comprehensive plan, a street plan, community facilities plan or capital
improvement program, with instructions by the city council, shall prepare an
official map of the city and adjoining territory, indicating upon the map the
land that is needed for future streets and public facilities. After the map has
been prepared, it shall be submitted to the city council. Before adoption by the
city council, a public hearing shall be held upon the proposal at least ten days
after a notice of time, place and purpose has been published in the city's
official legal newspaper.
Sec. 22-6. -Absentee ballot counting board.
Subd. 1. Establishment. There is established an absentee ballot counting board for the
purpose of counting all absentee ballots cast in the city.
Subd. 2. Number required. The board shall consist of a sufficient number of election
judges appointed as provided in Minn. Stat. §§ 204B.19 to 204B.22.
Subd. 3. Duties. The duties of the absentee ballot counting board shall be those duties
described in Minn. Stat. § 203B.13, subd. 2.
Subd. 4. Compensation of members. The city clerk, with the approval of the city
council, shall pay a reasonable compensation to each member of the absentee
counting board for services rendered during each election.
Subd. 5. Applicable laws. Except as otherwise provided by Minn. Stat. § 203B.13, all
of the laws applicable to absentee ballots, absentee voters and all other
provisions of the state election law shall apply to the absentee ballot board.
Sec. 22-7. - Heritage preservation commission.
Subd. 1. Establishment of commission. There is an established city heritage
preservation commission.
Subd. 2. Declaration of public policy and purpose. The city council declares that the
preservation, protection, perpetuation and use of areas, places, buildings,
structures and other objects having a special historical,community or aesthetic
interest or value is a public necessity, and is required in the interest of the
health, prosperity, safety and welfare of the community. The purposes of the
heritage preservation commission are to:
(1) Safeguard the city's heritage by preserving sites and structures that
reflect elements of the city's cultural,social,economic,political,visual
or architectural history;
(2) Protect and enhance the city's appeal and attraction to residents,
visitors and tourists and serve as a support and stimulus to business and
industry;
(3) Enhance the visual and aesthetic character, diversity and interest of the
city;
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(4) Foster civic pride in the beauty and notable accomplishments of the
past; and
(5) Promote and preservation and continued use of historic sites and
structures for the education and general welfare of the city's residents.
Subd. 3. Definitions. The following words,terms and phrases,when used in this section,
shall have the meanings ascribed to them in this subdivision, except where the
context clearly indicates a different meaning:
Heritage preservation site means any area, place, building, structure,
lands, districts or other objects that have been duly designated heritage
preservation sites, pursuant to subdivision 4(7) of this section.
Subd. 4. Designation of heritage preservation sites. Heritage preservation sites shall be
designated as follows:
(1) Reports. The city council, upon the commission's request, may direct
the city staff to prepare studies which catalog buildings, land, areas,
district or other objects to be considered for designation as a heritage
preservation site.
(2) Criteria. The commission shall recommend to the city council areas,
buildings, districts or objects to be designated heritage preservation
sites. In considering the designation of heritage preservation sites, the
commission shall apply the following criteria:
a. The character, interest or value as part of the development
heritage or cultural characteristics of the city, state or county.
b. The location as a site of a significant historic event.
c. The identification with a person or persons who significantly
contributed to the city's culture and development.
d. The embodiment of distinguishing characteristics of an
architectural style, period, form or treatment.
e. The identification as work of an architect or master builder
whose individual work has influenced the city's development.
f. The embodiment of elements of architectural design, detail,
materials or craftsmanship that represent a significant
architectural innovation.
g. The unique location or singular physical characteristic
representing an established and familiar visual feature of a
neighborhood, community or the city.
(3) Planning commission review. The commission shall advise the city
planning commission of the proposed designation of a heritage
preservation site, including boundaries, and a program for the
preservation of a heritage preservation site, and secure from the city
planning commission its recommendation with respect to the
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relationship of the proposed heritage preservation designation to the
comprehensive plan, the effect of the proposed designation upon the
surrounding neighborhood and any other planning considerations
which may be relevant to the proposed designation. The planning
commission shall also give its recommendation of approval, rejection
or modification of the proposed designation. The recommendation
shall become part of the official record concerning the proposed
designation and shall be submitted by the commission along with its
recommendation concerning the proposed designation to the city
council. The commission may make modifications, changes and
alterations concerning the proposed designation, as it deems necessary
in consideration of the recommendations of the city planning
commission.
(4) Communications with state historical society. A copy of the
commission's proposed designation of a heritage preservation site,
including boundaries and a program for the preservation of a heritage
preservation site, shall be sent to the state historical society.
(5) Hearings. Prior to the commission recommending to the city council
any building, district or object for designation as a heritage
preservation site, the commission shall hold a public hearing and seek
the recommendations of concerned citizens. Prior to the hearing, the
commission shall cause to be published in the city's official legal
newspaper notice of the hearing at least 30 days prior to the date of the
hearing, and notice of the hearing shall be sent to all owners of the
property proposed to be designated a historic preservation site, and to
all property owners within 300 feet of the boundary of the area to be
designated.
(6) Findings and recommendations. The commission shall determine if the
proposed heritage preservation site is eligible for heritage preservation
as determined by the criteria specified in Subd. 4(2)of this section, and
if the commission recommends to the city council that the site be
designated for heritage preservation, the commission shall transmit to
the city council with its recommendation its proposed program for site
preservation.
(7) City council designation; hearings. The city council, upon the request
of the commission,may by ordinance designate a heritage preservation
site. Prior to the designation, the city council shall hold a public
hearing, notice of which shall be published in the city's official legal
newspaper at least 30 days prior to the date of the hearing and notice
of the hearing shall be sent to all owners of property which is proposed
to be designated a heritage preservation site and to all property owners
within 300 feet of the boundary of the area to be designated.
(8) Eminent domain. The commission may recommend to the city council
after review and comment by the city planning commission,that certain
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property eligible for designation as a heritage preservation site be
acquired by gift, negotiation or by eminent domain as provided for in
Minn. Stat. ch. 117.
Subd. 5. Additional powers and duties of the commission. The commission shall have
the following powers and duties, in addition to those otherwise specified in
this section:
(1) The commission shall conduct a continuing survey of all areas,places,
buildings, structures or objects in the city which the commission, on
the basis of information available or presented to it, has reason to
believe are significant to the city's culture, social, economic, political
or architectural history.
(2) The commission shall continually survey all areas to determine needed
and desirable improvements of older buildings throughout the city,
acting in a resource and advisory capacity to owners of historically
significant sites regarding their preservation, restoration and
rehabilitation.
(3) The commission shall work for the continuing education of the city's
citizens with respect to the city's civic and architectural heritage. It
shall keep current a public register of designated and proposed heritage
preservation sites along with the plans and programs that pertain to
them.
(4) The commission may recommend that the city accept gifts and
contributions made to the city and to assist the city staff in preparing
applications for grant funds for heritage preservation.
(5) The commission may on a continuing basis collect and review certain
city planning and development records, documents, studies, models,
maps,plans and drawings to be entered into the public library historical
archives as a permanent record of city history and development.
(6) The commission shall make no application to the national register or to
the state for the designation of a historic site or district without the city
council's consent.
(7) The commission must also assume responsibility for the design review
of any dwelling house hereafter proposed for construction on now
existing vacant lots or on lots that become vacant due to demolition or
destruction of existing structures within the Neighborhood
Conservation District (NCD). In furtherance of that purpose, the
Stillwater Conservation District Design Guidelines,as approved by the
City Council on February 17,2006, are hereby adopted by reference as
if fully set forth in this ordinance. Copies of the Design Guidelines are
on file in the office of the community development director or city
clerk and available at the Stillwater Public Library.
The following process will guide the commission and the applicants.
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a. Initial Review Meeting. Applicant must first meet with city
planning staff. The goals and intent of the design review
process will be explained, along with the guidelines,
application requirements and schedule.
b. Applicant Submission and Filing Fee. Applicant must submit
completed application and design checklist, along with a filing
fee according to the city's fee schedule, which may be changed
from time to time by resolution enacted by the city council.
c. Planning Staff Reviews Project and Prepares Report: This
report will be sent to applicant and the commission.
d. Heritage Preservation Commission Design Review and Public
Hearing: The commission must hold a public hearing on the
design review applications. Notice of the hearing must be
published in the city's official legal newspaper at least ten days
before the hearing and notice mailed to property owners within
350 feet of the site. At the hearing, after all have been given an
opportunity to be heard, the commission will either approve,
approve with conditions, or disapprove the proposed design.
e. Approval: If the application is approved, a design permit will
be issued by the planning staff to the applicant, and building
department.
f. Appeal: The applicant or any interested person aggrieved with
the commission action, may, within ten days, revise and
resubmit the application to the commission or appeal the
decision to city council.
g. Building Permit: Once approved, the plans may be completed
and submitted to building officials for building permit review.
The plans will also then be reviewed for design permit
compliance by the planning staff.
h. Enforcement: The community development department will
monitor compliance with the design permit and any conditions
of approval.
Subd. 6. Review of permits. Permit review shall be as follows:
(1) Site alteration permit. The commission shall review and recommend
approval or disapproval of the issuance of a site alteration permit to do
any of the following in a heritage preservation site. The application
shall be accompanied by detailed plans including a site plan, building
elevations and design details,and materials as necessary to evaluate the
request. Regular city permits shall also be required.
a. Remodel, alter or repair in any manner, including paint color
that will change the exterior appearance of a historic building
or a site.
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b. New construction.
c. Signs.The design review committee shall make a final decision
on the granting or denial of a sign permit after seeking the
recommendation of the community development director. The
sign applicant or any party aggrieved by the decision of the
committee has a right to appeal the decision to the city council,
which shall sit as a board of adjustment and review.
d. Moving of buildings.
e. Partial or total demolition. This does not apply to structures
required to be demolished according to Minn. Stat. ch. 463.
(2) City activity. The commission shall review and make recommendations
to the city council concerning city activity that could change the nature
or appearance of a heritage preservation site.
(3) Preservation program. All commission decisions with respect to this
section shall be according to the approved program for the
rehabilitation of each heritage preservation site. The following
guidelines shall be used to evaluate applications for site alteration
permits:
a. Every reasonable effort shall be made to provide a compatible
use for a property which requires minimal alteration of the
building, structure or site and its environment or to use a
property for its originally intended purposes.
b. The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive
architectural features must be avoided when possible.
c. All buildings, structures and sites shall be recognized as
products of their own time. Alterations that have no historical
basis and which seek to create an earlier appearance shall be
discouraged.
d. Changes,which may have taken place in the course of time, are
evidence of the history and development of a building,structure
or site and its environment. These changes may have acquired
significance i,n their own right and this significance shall be
recognized and respected.
e. Distinctive *stylistic features or examples of skilled
craftsmanship which characterize a building, structure or site
shall be treated with sensitivity.
f. Deteriorated architectural features shall be repaired rather than
replaced, whenever possible. If replacement is necessary, the
new material should match the material being replaced in
composition, design, color, texture and other visual qualities.
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Repair or replacement of missing architectural features must be
based on accurate duplication of features, substantiated by
historic, physical or pictorial evidence rather than on
conjectural designs or the availability of different architectural
elements from other buildings or structures.
g. The surface cleaning of structures shall be undertaken by the
gentlest means possible. Sandblasting and other cleaning
methods that will damage historic building materials shall not
be undertaken.
h. Contemporary design for alterations and additions shall not be
discouraged when such alterations and additions do not destroy
significant historical,architectural or cultural material and such
design is compatible with the size, scale, color, material and
character of the property, neighborhood or environment.
i. Whenever possible new additions or alterations to structures
shall be done in a manner that if the additions or alterations
were to be removed in the future, the essential form and
integrity of the structure would be unimpaired.
Subd. 7. Findings. Before approving any permit application required under subdivision
6 of this section,the commission shall make findings based on the program for
preservation and architectural control for the heritage preservation site in
regard to the following:
(1) Alterations or additions to an existing building must not materially
impair the architectural or historic value of the building.These findings
should consider the existing structures and exterior appearances,
building height, building width, depth or other dimensions, roof style,
type of building materials, ornamentation and paving setback.
(2) Prior to approval of any building demolition, the commission shall
make written findings of the following:Architectural and historic merit
of the building, the effect on surrounding buildings, the effect of any
new proposed construction on the remainder of the building(in case of
partial demolition) and on surrounding buildings, the economic value
or usefulness of the building, as it now exists or if altered or modified
in comparison with the value or usefulness of any proposed structures
designated to replace the present building.
(3) New buildings shall not materially impair the architectural or historic
value of buildings on adjacent sites or in the immediate vicinity within
the historic preservation site.
Subd. 8. Limitations. If within 45 days from the filing of a building permit application,
the commission has neither approved nor denied the building permit
application, the plans and permit application shall be deemed to have been
approved by the commission and if all other requirements of the city have been
met,the commission shall authorize a permit for the proposed work.No permit
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shall be issued or work commenced if the commission disapproves the
application in accordance with this section.
Subd. 9. Emergency repair. In emergencies where immediate repair is needed to protect
the safety of the structure and its inhabitants,the building official may approve
the repair without prior commission action. In the case of a permit issued under
this subdivision,the building official shall immediately notify the commission
of its action and specify the facts or conditions constituting the emergency.
Subd. 10. Appeal to the city council. The permit applicant or any party aggrieved by the
commission's decision shall, within ten days of the date of the commission's
order and decision, have a right to appeal such order and decision to the city
council. The appeal shall be deemed perfected upon receipt by the city clerk
or community development department of two copies of a notice of appeal and
statement setting forth the grounds for the appeal. The city clerk or community
development department shall give one copy of the notice of appeal and
statement to both the city council and the commission. The commission,in any
written order denying a permit application, must inform the applicant of his
right to appeal to the city council and include this subdivision in all such
orders.
Subd. 11. Penalty for violation of section. An owner or occupant of any area, place,
building, structure or other object within a duly designated heritage
preservation site who violates this section shall be guilty of a misdemeanor.
Any architect, builder, contractor, agent, person or corporation who assists in
the commission of a violation of this section shall be guilty of a misdemeanor.
For each such day an owner or occupant of any area,place,building, structure
or other object within a duly designated heritage preservation site allows any
work to be performed on any area,place, building, structure or other object in
violation of this section, it shall constitute a separate violation, and it shall be
punishable as such. A heritage preservation site on which there exists any
remodeling, repairing, construction or a building moved in violation of this
section, is declared a nuisance and the imposition of the penalties prescribed
shall not prevent the city from instituting an appropriate action or proceeding
to prevent an unlawful remodeling, repair, construction, building, building
moving or demolition or to restrain, correct or abate a violation.
Subd. 12. Repository for documents. The city clerk's office is designated as the
repository for at least one copy of all studies, reports, recommendations and
programs required under this section.
Subd. 13. Recording of heritage preservation sites. The city clerk's office shall record
with the county recorder or registrar of titles the legal description of all lands
designated as heritage preservation sites by the city council and shall transmit
a copy of the legal descriptions to the building official.
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Sec. 22-8.—Board/Commission administration
Subd. 1. City Council Representative (liaison).
The City Council shall assign a Council Representative (liaison)to boards and
commissions at its first meeting in January. Representatives are assigned to
the following boards/commissions:
Board of Water Commissioners Downtown Parking Commission
Heritage Preservation Commission Human Rights Commission
Library Board Joint Board (Stillwater Township &
Joint Cable Commission Ward 3 Council member & Mayor)
Park and Recreation Commission Planning Commission
Other Organizations:
Convention&Visitors Bureau Fire Relief Association
Middle St. Croix Watershed
Management Organization
Subd. 2. The Board of Water Commissioners, Library Board, Joint Cable and Charter
Commissions, and Traffic Safety Committee voting members must be
residents of the city.
Subd. 3. Every appointed member, including Board of Water Commissioners, Library
Board, Joint Cable and Charter Commissions, and Traffic Safety Committee
member shall, before entering upon the discharge of their duties, sign an oath
that they will faithfully discharge the duties of their office and shall serve
without compensation.
Subd. 4. Official Record. The written and adopted minutes are the official record for the
board/commissions.
All boards/commissions meetings shall be video or audio recorded and
retained according to the City's adopted records retention policy. The
commission shall approve summary minutes with detailed motions and have a
roll call vote on each motion. The minutes shall be signed by the Chair of the
Commission.
If there is a question on the summary minutes(example: interpretation of what
was said and summarized),the minutes shall be tabled and the chair shall direct
the city clerk or their designee to review the video or audio to ensure that the
official minutes are correct according to the audio/video of the meeting. The
city clerk will provide the commission with any changes necessary to the
board/commission for official approval. The city clerk's decision is final.
Subd. 5. Adoption of a program of work. The board/commission shall proceed with the
preparation and adoption of a program of work outlining activities proposed to
be undertaken in the exercise of its powers and the performance of its duties.
This program of work shall be revised not less than annually and progress on
the program shall be included in the annual report to the city council.
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The commission chair or board/commission's staff designee shall submit to
the city council a report of its work during the preceding year during the second
quarter of the current year.
Subd. 6. Program assistance. To accomplish the intent and purpose of this section, the
city shall provide the commission with staff support.
Subd. 7. The Downtown Parking, Heritage Preservation, Human Rights, Park and
Recreation and Planning Commissions are subject to the following:
(1). Members.
Downtown Parking Commission consists of 7 members, who serve 3
year terms. Members may be downtown business owners, building
owners or residents of the City to be appointed by the city council. The
Council representative and Community Development Director or
Police Chief of the city shall be ex officio, nonvoting members of the
commission.
Heritage Preservation Commission consists of seven voting members
with one member being a representative from the local historical
society to be appointed by the city council. The Council representative
and the Community Development Director or staff designee shall be ex
officio, nonvoting members of the board or commission. Voting
members shall be residents of the City.
Human Rights Commission consists of seven voting members, one of
which may be a youth representative, to be appointed by the city
council. The Council representative be an ex officio, nonvoting
member of the commission. Voting members shall be residents of the
City.
Park and Recreation Commission shall consist of seven voting
members to be appointed by the city council. The Council
representative and the Public Works Superintendent shall be ex officio,
nonvoting members of the commission. Voting members shall be
residents of the City.
Planning Commission*shall consist of seven voting members to be
appointed by the city council. The Council representative and
Community Development Director or staff designee shall be ex officio,
nonvoting members of the board or commission.Voting members shall
be residents of the City.
*The current planning commission shall be gradually reduced to six
members as the current members resign or retire from office and at
that time the council representative will become a voting member.
(2). Term. All appointments shall be for staggered terms of three years. All
terms end on the first day of May in the year in which they expire. In
the event of a vacancy, except that any person appointed to fill a
vacancy occurring prior to the expiration of the term, which their
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predecessor was appointed, may be appointed only for the remainder
of the term. Upon expiration of their term of office, the member will
continue to serve until their successor is appointed and qualified. Any
vacancy for the unexpired term shall be filled according to Subd. 3 of
this section. Members shall continue to hold office until their
successors have been appointed and qualified.
The Human Rights Commission youth representative will serve a one-
year term(September 1 to August 31).
(3). Appointment. All applicants(including incumbents providing a written
request for reappointment) shall be interviewed by the council
representative, the chair of the commission and the mayor or council
member requested by the council representative ("interview panel"). If
the chair is due for reappointment, the interview will be held by two
members of council. A recommendation on appointment or
reappointment from the interview panel will be given to the city clerk
for placement on the council agenda for consideration. It is a goal,but
not a requirement, that all wards of the city have commission
representation to further the policy of the city council that
representation on city commissions/boards be balanced.
(4) Organization. At the first meeting in May, commission members shall
nominate a chair and vice-chair from among its appointed members
and vote on the nomination. The chair and vice chair's term will be for
one year.
The chair or vice chair must:
a. Preside over meetings of the commission.
b. Appear or appoint a representative to appear as necessary
before other city advisory commissions and the city council to
present the view point of the commission on matters pertaining
to their commission subject matter as they relate to business
under consideration by the commissions or city council.
c. Act as the liaison with other governmental and volunteer units
in matters relating to the subject function of the commission for
the purpose of obtaining and providing timely information.
(5) The commissions shall hold at least one regular meeting each month.
Sec. 22-9. - Conditions for appointment to city boards and commissions.
Subd. 1. Eligibility. No person shall be eligible for appointment to any board or
commission (except Downtown Parking Commission) of the city, unless they
are a resident of the city. For an appointment to the Downtown Parking
Commission the member may be an owner or operator of a businesses with a
place of business within the city.
Subd. 2. Limitation on service. No person shall be eligible to serve on more than one
board or commission at the same time.
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Subd. 3. Publicity. The city clerk shall make reasonable efforts to publicize vacancies
on any board and commission and shall keep a list or roster of the names,
addresses,telephone numbers and qualifications of those interested in serving
for a period of one year.
Sec. 22-10. -Administrative citations and civil penalties.
Subd. 1. Purpose. The city council finds that there is a need for alternative methods of
enforcing this Code. While criminal fines and penalties have been the most
frequent enforcement mechanism,there are certain negative consequences for
both the city and the accused.The delay inherent in that system does not ensure
prompt resolution. Citizens resent being labeled as criminals for violations of
administrative regulations. The higher burden of proof and the potential of
incarceration do not appear appropriate for most administrative violations.The
criminal process does not always regard Code violations as being important.
Accordingly, the city council finds that the use of administrative citations and
the imposition of civil penalties is a legitimate and necessary alternative
method of enforcement. This method of enforcement shall be in addition to
any other legal remedy that may be pursued for Code violations.
Subd. 2. General provisions.
(1) A violation of Chapter 43 of this Code, Liquor, or Chapter 41, Section
41-2, Tobacco, or the acts prohibited in those sections are an
administrative offense, which may be subject to an administrative
citation and civil penalties pursuant to this chapter. Each day a
violation exists constitutes a separate offense.
(2) A violation of sign regulations as described in Section 31-509 of the
Stillwater City Code entitled"Sign Regulations."
(3) In addition,the hearing officer is given authority to determine whether
a dog is a dangerous dog within the meaning of Minn. Stat. § 347.50,
subd. 1(2) or a potentially dangerous dog within the meaning of Minn.
Stat. § 347.50, subd. 1(3).
(4) An administrative offense may be subject to civil penalty not exceeding
$2,000.00.
(5) The schedule of fines for offenses initiated by administration citation,
appeals, and fees to be paid to administrative hearing officers shall be
established from time to time by resolution enacted by the city council.
The city council may adopt a schedule of fees to be paid to
administrative hearing officers.
(6) The city administrator and city clerk must adopt procedures for
administering the administrative citation program.
14
Subd. 3. Administrative citation.
(1) The chief of police or designee may issue an administrative citation
upon belief that a violation has occurred. The citation must be issued
in person or by mail to the person responsible for the violation or
attached to the motor vehicle in the case of a vehicular offense. The
citation must state the date,time and nature of the offense, the name of
the issuing officer, the amount of the scheduled fine, and the manner
for paying the fine or appealing the citation.
(2) The person responsible for the violation must either pay the scheduled
fine or request a hearing within seven days after issuance. Payment of
the fine constitutes admission of the violation. A late payment fee of
ten percent of the scheduled fine amount shall be imposed in
accordance with subdivision 7 of this section.
(3) The chief of police or designee may issue a notice to the owner of a
dog that is believed to be dangerous or potentially dangerous. The
notice must state the grounds for believing that the dog is dangerous or
potentially dangerous and the manner of appealing the determination
to the administration hearing officer.
Subd. 4. Administrative hearing.
(1) The city administrator will select a hearing officer with the assistance
from the city attorney to hear and determine a matter for which a
hearing is requested.The accused shall have the right to request no later
than five days before the date of the hearing that the assigned hearing
officer be removed from the case. One request for removal for each
case will be granted automatically by the city administrator. A
subsequent request must be directed to the assigned hearing officer
who will decide whether he or she cannot fairly and objectively review
the case. The city may remove a hearing officer only by requesting that
the assigned hearing officer find that he or she cannot fairly and
objectively review the case. If a finding is made, the officer must
remove himself or herself from the case, and the city administrator
must assign another hearing officer.The hearing officer is not a judicial
officer but is a public officer as defined by Minn. Stat. § 609.415. The
hearing officer must not be a city employee. The city administrator
must establish a procedure for evaluating the competency of the
hearing officers, including comments from accused violators and city
staff. These reports must be provided to the city council.
(2) Upon the hearing officers own initiative or upon written request of an
interested party demonstrating the need, the officer may issue a
subpoena for the attendance of a witness or the production of books,
papers,records or other documents that are material to the matter being
heard. The party requesting the subpoena shall be responsible for
serving the subpoena in the manner provided for civil actions and for
paying the fees and expenses of any witness. A person served with a
15
subpoena may file an objection with the hearing officer promptly but
no later than the time specified in the subpoena for compliance. The
officer may cancel or modify the subpoena if it is unreasonable or
oppressive. Any person who, without just cause, fails or refuses to
attend and testify or to produce the required documents in obedience to
a subpoena shall be guilty of a misdemeanor. Alternatively, the party
requesting the subpoena may seek an order from district court directing
compliance.
(3) Notice of the hearing must be served in person or by mail on the person
responsible for the violation at least ten days in advance, unless all
parties accept a shorter time. At the hearing, the parties will have the
opportunity to present testimony and question any witnesses, but strict
rules of evidence shall not apply. The hearing officer must tape record
the hearing and receive testimony and exhibits. The officer must
receive and give weight to evidence,including hearsay evidence,which
possesses probative value commonly accepted by reasonable and
prudent people in the conduct of their affairs.
(4) The hearing officer has the authority to determine that a violation
occurred, to dismiss a citation, to impose the scheduled fine, and to
reduce, stay or waive a scheduled fine either unconditionally or upon
compliance with appropriate conditions. When imposing a penalty for
a violation,the hearing officer may consider any or all of the following
factors:
a. The duration of the violation;
b. The frequency or reoccurrence of the violation;
c. The seriousness of the violation;
d. The history of the violation;
e. The violator's conduct after issuance of the notice of hearing;
f. The good faith effort by the violator to comply;
g. The economic impact of the penalty on the violator;
h. The impact of the violation upon the community; and
i. Any other factors appropriate to a just result.
(5) The decision of the hearing officer is final;however,an aggrieved party
may obtain judicial review of the decision of the hearing officer in
accordance with state law.
(6) The failure to pay the fine or request an appeal within seven days after
the citation or the failure to attend the hearing constitutes a waiver of
the violator's rights to an administrative hearing and an admission of
the violation. A hearing officer may waive this result upon good cause
shown. Examples of"good cause" are: death or incapacitating illness
of the accused;a court order requiring the accused to appear for another
16
hearing at the time; and lack of proper service of the citation or notice
of the hearing. "Good cause" shall not include forgetfulness and
intentional delay.
Subd. 5. Recovery of civil penalties.
(1) If a civil penalty is not paid within the time specified,it shall constitute:
a. A lien upon the real property upon which the violation occurred
if the property or improvements on the property was the subject
of the violation and the property owner was found responsible
for that violation; or
b. A personal obligation of the violator in all other situations.
(2) A lien may be assessed against the property and collected in the same
manner as taxes.
(3) A personal obligation may be collected by any appropriate legal means.
(4) A late payment fee of ten percent of the fine must be assessed for each
30-day period,or part thereof,that the fine remains unpaid after the due
date.
(5) Failure to pay a fine is grounds for suspending or revoking a license
associated with the violation.
Subd. 6. Criminal penalties. The following are misdemeanors, punishable in
accordance with state law:
(1) Failure, without good cause, to pay a fine or request a hearing within
30 days after issuance of an administrative citation.
(2) Failure, without good cause, to appear at a hearing, which was
scheduled under subdivision 4 of this section.
(3) Failure to pay a fine imposed by a hearing officer within 30 days after
it was imposed,or such other time as may be established by the hearing
officer, unless the matter is appealed under subdivision 5 of this
section.
(4) Failure to pay a fine imposed by the city council within 30 days after it
was imposed, or such other time as may be established by the city
council.
Sec. 22-11. -Background checks.
Subd. 1 The city of Stillwater shall perform employment background checks,
according to state and federal laws. The city administrator or designee, is
authorized to conduct a criminal history background investigation on finalists
for the following employment positions within the city, unless the city
administrator concludes that a background investigation is not needed: all
regular part time and full time employees of the City of Stillwater; paid on call
firefighters; all other positions or volunteer appointments that work with
children or vulnerable adults.
17
Subd. 2. The city administrator, or designee are authorized to conduct driver's license
investigations of city employees and employment finalists for purposes of
verifying compliance with job position and insurance requirements and
conducting disciplinary investigations relevant to such requirements.
Subd. 3 Background Checks on Licensees. The city administrator or designee is
required, as the exclusive entity within the city, to perform a criminal history
background investigation on applicants and managers, according to state and
federal laws, for the following licenses within the city:
a. Tobacco licenses;
b. Towing licenses;
c. Peddler licenses;
d. Pawnbrokers; and
e. Liquor establishments.
Sec. 22-12. -Administrative offenses.
Subd. 1. Purpose. Administrative offense procedures established pursuant to this
section are intended to provide the public and the city with an informal, cost
effective and expeditious alternative to traditional criminal charges for
violations of certain ordinance provisions. The procedures are intended to be
voluntary on the part of those who have been charged with administrative
offenses. At any time prior to the payment of the administrative penalty, as is
provided for hereafter, the individual may withdraw from participation in the
procedures, in which event the city may bring criminal charges in accordance
with the law. Likewise, the city it its discretion, may choose not to initiate an
administrative offense and may bring criminal charges in the first instance. In
the event a party participates in the administrative offense procedures but does
not pay the monetary penalty which may be imposed, the city will seek to
collect costs of the administrative offense procedures as part of a subsequent
criminal sentence in the event the party is charged and is adjudicated guilty of
the criminal violation.
Subd. 2. Administrative offense defined. An administrative offense is a violation of a
provision of this Code and is subject to the administrative penalties set forth in
the city's current fee schedule adopted by the city annually or from time to
time by resolution enacted by the city council.
Subd. 3. Notice. Any officer of the Stillwater Police Department, or any other person
employed by the city, authorized in writing by the city administrator and
having authority to enforce this Code shall, upon determining that there has
been a violation, notify the violator, or in the case of a vehicular violation,
attach to the vehicle, a notice of the violation. Said notice shall set forth the
nature,date and time of the violation,the name of the official issuing the notice
and the amount of the scheduled penalty.
Subd. 4. Payment. Once such notice is given, the alleged violator may, within ten days
of the time of issuance of the notice, pay the amount set forth on the Schedule
18
of Penalties* for the violation. The penalty may be paid in person or by mail,
and payment shall be deemed an admission of the violation.
*Note. The Schedule of Penalties is set out in its entirety as in the city's
current fee schedule resolution that is adopted annually by the City Council.
Subd. 5. Court appearance request. Any person contesting an administrative offense,
pursuant to this section may within ten days of the time of the issuance of the
notice,request a court appearance.A person requesting a court appearance will
be issued a citation/summons for the violation and a court date will be set. The
administrative offense procedure will then terminate.
Subd. 6. Failure to pay. In the event a party charged with an administrative offense fails
to pay the penalty within ten days, or request a court appearance within ten
days, a misdemeanor or petty misdemeanor charge will be brought against the
alleged violator in accordance with applicable city ordinances and state
statutes. Upon issuance of the misdemeanor or petty misdemeanor charge, the
administrative offense procedure shall terminate. If the penalty is paid in full
within ten days, no similar charge may be brought by the city of Stillwater for
the same incident.
Subd. 7. Disposition of penalties. All penalties collected by the Stillwater Police
Department,pursuant to this section, shall be paid to the city's finance director
and may be deposited in the city's general fund.
Subd. 8. Offenses and penalties. Offenses that may be charged as administrative
offenses, and the penalties for such offenses, may be changed from time to
time by resolution enacted by the city council. Copies of such resolutions shall
be maintained in the city clerk's office.
Subd. 9. Subsequent offenses. In the event a party is charged with a third administrative
offense within a 12-month period, administrative notice/penalty may not be
issued and a misdemeanor or petty misdemeanor charge shall be brought
against the alleged violator.
2. Saving. In all other ways the Stillwater City Code 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 law.
Adopted by the City Council this 19th day of June, 2018.
CITY OF STILLWATER
Ted Ko ki, Mayor
ATTEST: �D
lam'
Diane Ward, City Clerk
19
CITY OF STILLWATER along with its recommendation concerning the proposed designation to son with the value or usefulness of any proposed structures designated to
ORDINANCE NO.1105 the city council.The commission may make modifications,changes and replace the present building.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE alterations concerning the proposed designation,as it deems necessary (3)New buildings shall not materially impairthe architectural or historic
The City Council of the City of Stillwater,Washington County,Milne- in consideration of the recommendations of the city planning commission. value of buildings on adjacent sites or in the immediate vicinity within the
sots,does ordain: (4)Communications with state historical society.A copy of the com- historic preserval lon site.
1.Amending.Chapter 22,City Administration,shall be replaced in its mission's proposed designation of a heritage preservation site,including Subd.6.Limitations.if within 45 dahefromthe filing of a building permit
entirety to read as follows: boundaries and a program for the preservation of a heritage preservation application,the commission has neither approved nor denied the build.
Sec.22-1.-Council meetings. site,shall be sent to the state historical society. ing permit application,the plans and permit application shall be deemed
Regular meetings of the city council shall be held in the City Hall at 216 (5)Hearings.Prior to the commission recommending to the city council to have been approved by the commission and if all other requirements
Fourth Streit North,Stillwater,Minnesota.The city couhcft urfil by reso^ any building,district or object for designation as a heritage preservation of the city have been met,the commission shall authorize a permit for
Icahn estabIrm the time and date on which the regular meetings.are to be site,the commission shall hold a public hearing.and seek the recommen- the proposed work.No permit shall be issued or work commenced if the
held and may from time to time change the date and time of the regular dations of concerned citizens.Prior to the hearing,the commission shall commission disapproves the application in accordance with this section.
meetings and published according to Minnesota Statute. cause to be published in the City's official legal newspaper notice of the Subd.9.Emergency repair.In emergencies where immediate repair is
Sec.22-2.-Custody and disposal of unclaimed property hearing at least 3D days prior to the date of the hearing,and notice of the needed to protect the safety of the structure and its inhabitants,the build-
All property lawfully coming Into the possession of the city shall be hearing shall be sent to all owners of the property proposed to be des- ing official may approve the repair without prior commission action.In the
turned over to the Stillwater Police Department and if unclaimed by as ignored a historic preservation site,and to all property owners within 300 case of a permit issued under this subdivision,the building official shall
owner shall be disposed according the Police Department's Policy and feet of the boundary of the area to be designated. immediately notify the commission of its action and specify the facts or
Procedures for unclaimed property. (6)Findings and recommendations.The commission shall determine if conditions constituting the emergency.
Net proceeds from the sale of property,shall be placed in the general the proposed heritage preservation site is eligible for heritage preserve- Subd.10.Appeal to the city council.The permit applicant or any party
fund of the city.Net proceeds from the sale of forfeitures shall be pieced lion as determined by the criteria specified in Subd.4(2)of this section, aggrieved by the commissions dentinal,shall.within ten days of the date
in the forfeiture fund of the Stillwater Police Department.Both funds are and if the commission recommends to the city council that the site be of the commission's order and decision,have a right to appeal such order
subject to the right of the former owner to payment of the sale price to designated for heritage preservation,the commission shall transmit to and decision to the city council.The appeal shall be deemed perfected
them from the fund upon application and satisfactory proof of ownership the city council with its recommendation its proposed program for site upon receipt by the city clerk or community development department of
within 180 days of the sale preservation. two copies of a notice of appeal and statement setting forth the grounds
Sec 22-3.-Salaries established. (7)City council designation;hearings.The city council,upon the re- for the appeal.The may clod:or community development department shall
Each councilmember of the City of Stillwater shall,during the term quest of the commission,may by ordinance designate a heritage pres- give one copy ofthenoticeof appeal and statement to both the city coun-
of office,be paid the sum of$600.00 per month,said sum to be paid ervation site.Prior to the designation,the city council shall hold a public cil and the commission.The commission,in any written order denying a
bi-weekly.The mayor of the City of Stillwater shall,during the term of hearing,notice of which shall be published in the city's official legal news- permit application,must inform the applicant of his right to appeal to the
office.receive the sum of$750.00 per month,payable bi-weekly paper at least 30 days prior to the date of the hearing and notice of the city council and include this subdivision in all such orders.
Sec.22-4.-Municipal emergency management ordinance, hearing shall be sent to all owners of property which is proposed to be Subd.11.Penalty for violation of section.An owner or occupant of any
Subd.1.Croation.Pursuant to Minnesota Statute Chapter 12.25 there designated a heritage Preservation site and to all property owners within area,place,•building,structure or other object within a duly designated
is created within the city government an emergency management agency 300 feet of the boundary of the area to be designated.. heritage preservation site who violates this section shall be guilty of a
that shall be under the supervision and control of an Emergency Manage- (8).Eminent.domain.•The commission may recommend to the city..misdemeanor.Any architect,builder,contractor,agent,person or corpo-
ment Director,"the director."The director shall be appointed by the mayor council after review and comment by the city planning commission,that ration who assists in the commission of a violation of this section shall be
for an indefinite term and may be removed by the mayor at any time.The certain property eligible for designation as a heritage preservation site be guilty of a misdemeanor.For each such day an owner or occupant of any
director shall serve at a salary at by the city council and shall be paid acquired by gift,negotiation or byeminent domain as prowdledfor in Minn. area,place,building,structure or other object within a duly designated
necessary expenses.The director shall have direct responsibility for the Stat.ch.117. heritage preservation site allows any work to be performed on any area,
organization,administration and operation of the emergency management Subd.5.Additional powers and duties of the commission.The com- place,building,structure or other object in violation of this section,it shall
agency,subject to the direction and control of the mayor mission shall have the following powers and duties,in addition to those constitute a separate violation,and it shall be punishable as such.A her-
Subd.2.Organization and function.The emergency management otherwise specified in this section: itage preservation site on which there exists any remodeling,repairing,
agency shall be organized as the director deems necessary to provide (1)The commission shall conduct a continuing survey of all areas,plat- construction or a building moved in violation of this section,is declared a
for the efficient performance of local emergency management functions as,buildings,structures or objects in the city which the commission,on .nuisance and the imposition of the penalties prescribed shall not prevent
during an emergency,or disaster situation.The agency shall perform the basis of information available or presented to it,has reason to believe the city from instituting an appropriate action or proceeding to prevent
emergency management functions within the city and in addition shall are significant to the city's culture,social,economic,political or amhitec- an unlawful remodeling,repair,construction,building,building moving or
conduct functions outside the city as may be required by Minn.Stat.ch. tural history. demolition or to restrain,correct or abate a violation.
12 or this chapter. (2)The commission shall continually survey all areae to determine Shad.12.Repository for documents.The city clerk's office isdesignat-
Subd.3.Powers and duties of director.With the consent of the mayor, needed and desirable improvements of older buildings throughout the ed as the repository for at least one copy of all studies,reports,mcom-
the director shall represent the city on any regional or state organization city,acting in a resource and advisory capacity to owners of historically m endations and programs required under this section.
for emergency management.The mayor and the director shall develop significant sites regarding their.preservation,restoretion and rehabilitation, Subd.13.Recording of heritage preservation sites.The city clerk's of-
proposed mutual aid agreements with other political subdivisions,within (3)The commission shall work for the continuing education of the city's fire shall record with the county recorder or registrar of titles the legal de-
r outside the state,for reciprocal emergency management aid and as- citizens with respect to the city's civic and architectural heritage.It shall scription of all lands designated as heritage preservation sites by the city
sistance in an emergency or disaster situation emergency,too great to be keep current a public register of designated and proposed heritage pres- council and shall transmit a copy of the legal descriptions to the building
dealt with unassisted,and shall present the agreements to the city council ervation sites along with the plans and programs that pertain to them. official.
for IS action.The agoisuo nts.shelf be.on.l owi with the emergency op- (4)The commission may recommend that the city accept gifts and con- Sec.22-8.-Board/Commission administration
erarjons plan and during an emergency or disaster Situat on the amergen- tributdral made to the city and to assist the city craft in preparing applica- Subd.1:City Council Representative Halsor).
cy management agency and emergency management forces shall render tions for grant funds for heritage preservation. The City Council shall assign a Council Representative(liaison)to
assistance according to the provisions of the agreements. (5)The commission may on a continuing basis collect and review cer- boards and commissions at its first meeting in January. Representatives
Subd.4.Emergency operations plan.The director shall prepare a com fain city planning and development records,documents,studies,models, are assigned to the following boardalcommissions:
prehensive general city emergency operations plan and shall present the maps,plans and drawings to be entered into the public library historic.; Board of Water Commissioners Downtown Parking Commission
plan to the city council for its approval.When the city Council has do- archives as a permanent record of city history and development. Heritage Preservation Commission Human Rights Commission
proved the plan by resolution,all emergency management forces of the (6)The commission shall make no application to the national register Library Board Joint Board(Stillwater Township&
city shall perform the duties and functions assigned.by the plan. or to the state for the designation of a historic site or district without the Joint Cable Commission Ward 3 Council member&Mayor)
Subd,5.Reports.The director shall prepare and present to the city city council's consent. Park and Recreation Commission Planning Commission
council periodically,a report of activities and recommendations. (7)The commission must also assume responsibility for the design re- Other Organizations:
Sec.22-5.-Planning commission, view of any dwelling:house hereafter:proposed for construction on rrow Convention&Visitors Bureau Fire Relief Association
Subd,1.Establishment of commission.There is an established city existing vacant lots or on lots that become vacant due to demolition or Middle St.Croix Watershed
Planning commission. destruction of existing structures within the Neighborhood Conservation Management Organization
Subd.2.Comprehensive city planning.It shall be the duty of the plan- District(NCD).In furtherance of that purpose,the Stillwater Conservation Sutitl.2.The Board of Water Commissioners,Library Board,Joint Ca-
ning commission to review the comprehensive plan of the city and to rec- District Design Guidelines,ae approved by the City Council on February this and Charter Commissions,and Traffic Safety Committee voting mem-
emmend amendments or additions to the plan for adoption by the city 17,2006,are hereby adopted by reference So I fully set forth in this or- bars must be residents of the city.
councic whenever changed conditions or further study by the commission dinance.Copies of the Design Guidelines are on file in the office of the Subd.3.Every appointed member,including Board of Water Commis-
indicate that amendments or additions are necessary.It shall be the duty community development director or city clerk and available at,the Still- sioners,Library Board,Joint Cable and Charter Commissions,and Traffic
of the planning commission to recommend to the city council reasonable water Public Library. Safety Committee member shall,before entering upon the discharge of
means for putting the plan into effect,in order that it will serve as a pattern The following process will guide the commission and the applicants. their duties,sign an oath that they will faithfully discharge the duties of
and guide for the physical,economic and social development of the city. a.Initial Review Meeting.Applicant must first meet with city planning their office and shall serve without compensation.
Subd.3.Procedure and amendments.No change shall be made in staff.The goals and intent of the design review process will be explained, Subd.4.Official Record.The written and adopted minutes are the offi-
the comprehensive plan,subdivision,or zoning ordinance or regulations, along with the guidelines,application requirements and schedule. cial record for the board/commissions.
until the proposed change has been referred to the planning commission b.Applicant Submission and Filing Fee.Applicant must submit com- All boards/commissions meetings shall be video or audio recorded and
for study and report and a copy of the report has been submitted to the plated application and design checklist,along with a filing fee according retained according to the City's adopted records retention policy. The
city council.Failure of the planning commission to report within 60 days, to the city's fee schedule,which may be changed from time to fime by commission shall approve summary minutes with detailed motions and
or a longer period if allowed by the city Council after reference,shall be resolution enacted by the city council. have a roll tail vote on each motion.The minutes shall be signed by the
deemed to be its approval of the proposed change, c.Planning Staff Reviews Project and Prepares Report:This report will Chair of the Commission.
Subd.4.Duty to review.The planning commission shall review the c"rty be sent to applicant and the commission. If there is a question on the summary minutes(example:interpretation
cling ordinance and may recommend to the city council amendments d.Heritage Preservation Commission Design Review and Public Hear- of
what was said and summarized),the minutes shall be tabled and the
or additions,whenever changed condlons or studies by the commis- ing:The commission must hold a public hearing on the design review chair shall direct the city clerk or their designee to review the video or au-
,!on indicate that amendments or additions are necessary.In addition,the applications.Notice of the hearing must be published in the cary's official dio to ensure that the official minutes are correct according to the audio/
commission shall exercise the powers given to it with respect to admin- legal newspaper at least ten days before the hearing and notice mailed video of the meeting.The city clerk will provide the commission with any
istrarion of requests for variances,special and conditional use permits, to property owners within 350 feet of the site.At the hearing,after all changes necessary to the board/comr-Sison for official approval. The
subdivisions requests and general project review as set forth in this chap- have been given an opportunity to be heard,the commission will either city clerk's decision is final,
ter,where applicable,and Section 31-201,Duties and Responsibilities, approve,approve with conditions,or disapprove the proposed design. .Subd.5.Adoption of a program of work.The board/commission shall
Chapters 32 and 34 as applicable. a Approval:If the application is approved,a design permit will be is- proceed with the preparation and adoption of a program of work outlining
Subd.5.Official map:The planning commission,after city council sued by the planning arm to the applicant,and building department activities proposed to be undertaken in the exercise of its powers and the
adoption of a comprehensive plan,a street plan,community facilities plan f. Appeal:The applicant or any interested person aggrieved with the performance of its duties.This program of work shall be revised not less
or capital improvement program,with lnstruchons by the city council,shall commission action may,within ten days,revise and resubmit the applies- than annually and progress on the program shall be included in the annual
prepare an official map of the city and adjoining territory,Indicating upon tion to the commission or appeal the decision to city council. report to the city council.
the map the land that Is needed for future streets and public facilities. g.Building Permit:Once approved,the plans may be completed and The commission chair or board/commission's staff designee shall sub-
After the map has been prepared,it shall be submitted to the city council. submitted to building officials for building permit review.The plans will mit to the city council a report of its work during the preceding year during
Before adoption by the city council,a public hearing shall beheld upon also then be reviewed for design permit compliance by the planning staff. the second quarter of the current yeu
the proposal at least ten days after a notice of time,place and purpose re Enforcement:The community development department will monitor Subd.6.Program assistance.To accomplish the intent and purpose
has been published in the city's official legal newspaper. compliance with the design permit and any conditions of approval. of this section,the city shall provide the commission with staff support.
Be..22-6.-Absentee ballot counting board. - Subd.6.Review of permits.Permit review shall be as follows: Subd. 7.The Downtown Parking, Heritage Preservation, Human
Subd.1.Establishment.There is established an absentee ballot count- (1)Site alteration permit.The commission shall review re and recommend Rights,Park and Recreation and Planning Commissions a subject to
j ing board for the purpose of counting ail absentee ballots cast in the city. approval or disapproval of the issuance of a site alteration permit to do the following:
Subd.2.Number required.The board shall consist of asufficient mum- any of the foilowiig in a heritage preservation site.The application shall be (1).Members.
bar of election judges appointed as provided in Minn.Stat.§§.204B.19 accompanied by detailed plans including a site plan,building elevations Downtown Parking Commission consists of 7 members,who serve 3
to 2TI&22, and design details,and materials as necessary to evaluate the request. year terms.Members may be downtown business owners,building own-
Subd.3.Duties.The duties of the absentee ballot counting board shall Regular city permits shall also be required am or residents of the City to be appointed by the city council.The Council
C.
those duties described in Minn.Stat.§203B.13,such.2. a.Remodel,after or repair in any manner,including paint color that will representative and Community Development Director or Police Chief of
Subd.4.Compensation of members.The city clerk,with the approval change the exterior appearance of ahistoric building or a site. the city shall be ex officio,nonvoting members of the commission.
'.. of the city council,shall pay a reasonable compensation to each member If.New construction. Heritage Preservation Commission consists of seven voting members
of the absentee counting board for services rendered during each else- c.Signs.The design review committee shall make a final decision on with one member being a representative from the local historical society
tlon. the granting or denial of a sign permit after seeking the recommendation to be appointed by the city council.The Council representative and the
Sutitl.5.Applicable laws.Except as otherwise provided by Minn.Star. of the community development director The sign applicant or any par- Community Development Director or staff designee shall be ex officio,
§203B.13,all of the laws applicable to absentee ballots,absentee voters ly aggrieved by the decision of the committee has a right to appeal the nonvoting members of the board or commission.Voting members shall
and all other provisions of the state election law shall apply to the absen- decision to the city council,which shall sit as a board of adjustment and be readerts of the City.
tee ballot board. review. Human Rights Commission consists of seven voting members,one of
Sec.22-7.-Heritage preservation commission. d.Moving of buildings. which may be a youth representative,to be appointed by the city coun-
Subd.1.Establishment of commission.There is an established city e.Partial or total demolition.This dons not apply to structures required cil.The Council representative be an ex officio,nonvoting member of the
heritage preservation commission. to be demolished according to Minn.Stet.ch.463. commission.Voting members shall be residents of the City.
Subd.2.Declaration of public policy and purpose.The city council de- (2)City activity.The commission shall review and make recommen- Park and Recreation Commission shall consist of seven voting mem-
clares that the presentation,protection,perpetuation and use of areas, cations to the city council concerning city activity that could change the hers to be appointed by the city council.The Council representative and
places,buildings,structures and other objects having a special historical, nature or appearance of heritage preservation site. the Public Works Superintendent shall be ex officio,nonvoting members
community or aesthetic interest or value is a public necessity,and is re- (3)Preservation program.All commission decisions with respect to this of the commission.Voting members shall be residents of the City.
quired in the interest of the health,prosperity,safety and welfare of the section shall be according to the approved program for the rehabilitation Planning Commission"shall consist of seven voting members to be
community.The purposes of the heritage preservation commissionre a to: of each heritage preservation site:-The following guidelines shall be used appointed by the city council.The Council representative and Coal
l)Safeguard the city's heritage by preserving sites and structures that to evaluate applications for site alteration permits: nity Development Director or staff designers shall be ex officio,nonvoting
reflect elements of the city's cultural,social,economic,political,visual or a.Everyreasonable effort shall be made to provide a compatible use members of the board or commission.Voting members shall be residents
architectural history; for a property which requires minimal alteration of the building,structure of the City.
(2)Protect and enhance the city's appeal and attraction to residents, or site and its environment or to use a property for its originally intended 'The current planning commission shall be gradually reduced to six
visitors and tourists and serve as a support and stimulus to business and purposes. members as the curceht members resign or retire from office and at that
industry; b.The distinguishing original qualities or character of a building,altos- time the council representative will become a voting member.
(3)Enhance the visual and aesthetic character,diversity and interest tune or site and its environment shall not be destroyed,The removal or (2).Term.All appointments shall be for staggered terms of three years.
of the city; alteration of any historic material or distinctive architectural features must All terms end on the first day of May in the year in which they expire.In
(4)Foster civic pride in the beauty and notable accomplishments of be avoided when possible. the event of a vacancy,except that any person appointed to fill a vacancy
the past;and c.All buildings,structures and sites shall be recognized as products of occurring prior to the expiration of the term,which their predecessor was
(5)Promote and preservation and continued use of historic sites and their own time.Alterations that have no historical basis and which seek to appointed;may be appointed only for the remainder of the term.Upon ex-
structures for the education and general welfare of the city's residents. create an earlier appearance shall be discouraged. piudo of their term of office,the member will continue to serve until their
Subd.3.Definitions.The following words,terms and phrases,when d.Changes,which may have taken place in the course of time,are successor is appointed and qualified.Any vacancy forthe unexpired term
used in this section,shall have the meanings ascribed to them in this sub- evidence of the history and development of a building,structure or site shall be filled according to Subs.3 of this section.Members shall continue
division,except where the context clearly indicates a different meaning: and its environment.These changes may have acquired significance in to hold office until their successors have been appointed and qualified.
Heritage preservation site means any area,place,building,structure, their own right and this significance shall be recognized and respected. The Human Rights Commission youth representative will serve a one-
lands,districts or other objects that have been duly designated heritage e.Distinctive stylistic features or examples of skilled craftsmanship year term(September 1 to August 31).
Preservation sites,pursuant to subdivision 4D)of this section. which characterize a building,stricture or site shall be treated with son- (3).Appointment.All applicants(including incumbents providing awrk-
Subd.4.Designation of heritage preservation sites.Heritage preserve sfiviry.' ten request for reappointment)shall be interviewed by the council repre-
lam sites shall be designated as follows: f.Deteriorated architectural features shall be repaired rather than re sentative,the chair of the commission and the mayor or council member
(1)Reports.The city council,upon the commission's request,may di- placed,whenever possible.If replacement Is necessary,the new material requested by the council representative("interview panel").If the chair
rect the city staff to prepare studies which catalog buildings,land,areas, should match the material being replaced in composition,design,color, is due for reappointment,the interview will be held by two members of
district or other objects to be considered for designation as a heritage texture and other visual qualities.Repair or replacement of missing ar- council.A recommendation on appointment or reappointment from the
preservation site. chitectural features must be based on accurate duplication of features, Interview panel will be given to the city clerk for placement on the council
(2)Criteria.The commission shall recommend to the city council areas, substantiated by historic,physical or pictorial evidence rather than on agenda for consideration.it is a goal,but not a requirement,that all wards
buildings,districts or objects to be designated heritage preservation sites. conjectural designs or the availability of different archimoturai elements of the city have Commission representation to further the policy of the
In considering the designation of heritage preservation sites,the commis- from other buildings or structures. city council that representation on city commissionsiboards be balanced. '
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(...CONTINUED)CITY OF STILLWATER stitute:
ORDINANCE NO.1105 a.A lien upon the real property upon which the violation occurred if the
Subd.3.Publicity.The city clerk shall make reasonable efforts to pub- property or improvements on the property was the subject of the violation
licize vacancies on any board and commission and'shall]keep a list or and the property owner was found responsible for that violation;or
roster of the names,addresses,telephone numbers and qualifications of b.A personal obligation of the violator in all other situations.
those interested in serving for a period of one year. (2)A lien may be assessed against the property and collected in the
Sec.22-10..-Administrative citations and civil penalties, same manner as taxes.
Subd.1..Purpose.The city council finds that there is a Teed for after- (3)A personal obligation may be collected by any appropriate legal
native methods of enforcing this Code.While criminal fines and penalties means.
have been the most frequent enforcement mechanism,there are certain (4)A late payment fee of ten percent of the fine must be assessed for
negative consequences for both the city and the accused,This delay in- each 30-day period,or part thereof,that the fine remains unpaid after
herrarit in than svinpErh does not ensure prompt resolution,Cittzens resent the due date.
being labeled as criminals for violations of administrative regulations.The (5)Failure to pay a fine is grounds for suspending or revoking a license
higher burden of proof and the potential of„incarceration do not appear associated with the violation.
appropriate for most 4tch 1pst�rative violations.The criminal process does Subd.6.Criminal penalties.The following are misdemeanors,punish-
not always regard Crack violations as being important.Accordingly,the able in accordance with state law:
city council finds that the use of administrative citations and the impo- (1)failure,without graod cause,to pay fine or:request a hearing with-
sitien of civil penalties is a legitimate and necessary alternative meki o'd in 30 days after issuance of an administratve chal
of enforcement.This method of enforcement shall be in addition to any (2)Failure,without good cause,to appear at a hearing,which was
other legal remedy that may be pursued for Code violations. scheduled under subdivision 4 of this section.
Subd.2.General provisions. I3' Failure to pay a Tiara Imposed by a hearing officer within 30 days
(1)A violation of Chapter 43 of this Code,Liquor,or Chapter 41,Sec after it was unposed or such other time as may be established by the
tion 41-2,Tobacco,or the acts prohibited in those sections are an ad- hearing officer,unless the matter is appealed under subdivision 5 of this
ministrative offense,which may be subject to an administrative citation section.
and civil penalties pursuant to this chapter.Each day a violation exists qd'j Failure to pay a fine imposed by the city council wrrhini 30 days
f constitutes a separate offense. after it was imposed,or such other time as may be established by the
(2)A violation of sign regulations as described in Section 31-509 of the city(dermal..
Stillwater City Code entitled"Sign Regulations." Sec.22-11.-Background checks.
(3) In addition,the hearing officer is given authority to determine Subd.1 The city of Stillwater shall perform employment background
wheYheu a dog is a dangerous dog within tote meaning of Minn.;Star,:§ checks,according to state and federal laws.The city administrator or
1
347,50,sulad.1(2)or a potentially dangerous dog within the meaning of designee,is authorized to conduct a criminal history background investi-
Mmn,Slat.§',a47.50,sued,ird3. gation on finalists for the following employment positions within the city,
(4)An administrative offense may be subject to civil penalty not ex unnless the city achnirtstrattor concludes that a backgproiund.invesfiglai
ceeding$2,000.00. is not needed,all regular pact:time and full time empigyeeeof the City of
(5)The schedule of fines for offenses initiated by administration cite Sdiliwaatec paid on call firefighuCer%all otherposithoi txsor'volunteer appoint--
IE tion,appeals,and fees to be paid to administrative hearing officers shall menu that work with children or vulnerable adults.
{ be established from time to time by resolution enacted by the city council. Subd.2.The city administrator,or designee are authorized to conduct
The city council may adopt a schedule of fees to be paid to administrative driver's license investigations of city employees and employment final-
hearing officers. ists for purposes of verifying compliance with job position and insurance
(6)The city administrator and city clerk must adopt procedures for requirements and conducting disciplinary investigations relevant to such
administering the administrative citation program. requirements.
Subd.3.Administrative citation. Subd.3 Background Checks on Licensees.The city administrator or
(1)The chief of police or designee may issue an administrative citation designee is required,as the exclusive entity within the city,to perform a
upon belief that a violation has occurred.The citation must be issued in criminal history background investigation on applicants and managers,
person or by mail to the person responsible for the violation or attached according to state and federal laws,for the following licenses within the
to the motor vehicle in the case of a vehicular offense.The citation must city:
slate the date,'ilrtv"e and nature of the offense„thee name of the Issuing a.Tobacco licenses; -
criider,floe ammount cl the scheduled fine,and The manner for paying the b.Towing licenses;
Pone or appealing the(tannin; c.Peddler licenses;
(2)The person responsible for the violation must either pay the sched- d.Pawnbrokers:and
uled fine or request hearing within seven days after issuance.Payment e.Liquor establishments. '
of the fine constitutes admission of the violation.A late payment fee of Sec.22-12.-Administrative offenses.
ten percent of the scheduled fine amount shall be imposed in accordance Subd. 1. Purpose. Administrative offense procedures established
Ywith subdivision 7 of this section. pursuant to this section are intended to provide the public and the city
(3)The chief of police or designee may issue a notice to the owner with an informal,cost effective and expeditious alternative to traditional
i of a dog that is believed to be dangerous or potentially dangerous.The criminal charges for violations of certain ordinance provisions.The pro-
notice must state the grounds for believing that the dog is dangerous or cedures are intended to be voluntary on the part of those who have been
potentially dangerous and the manner of appealing the determination to charged with administrative offenses.At any time prior to the payment
the administration hearing officer. of the administrative penalty,as is provided for hereafter,the individual
Subd.4.Administrative hearing. may withdraw from participation in the procedures,in which event the
(1)The city administrator will select a hearing officer with the assis- city may bring criminal charges in accordance with the law.Likewise,the
tance from the city attorney to hear and determine a matter for which a city it its discretion,may choose not to initiate an administrative offense
t hearing is requested.The accused shall have the right to request no later and may bring criminal charges in the first instance.In the event a party
than five days before the date of the hearing that the assigned hearing participates in the admi nistra'tive offense..procedures but does not pay
officer be removed from the case.One request for hernO rat for each case the monetary penalty which may be imposed,the city will seek to collect
will be granted automatically by the city administrator.A subsequent re- costs of the administrative offense procedures as part of a subsequent
quest must be directed to the assigned hearing officer who will decide criminal sentence in the event the party is charged and is adjudicated
whether he or she cannot fairly and objectively review the case.The city guilty of the criminal violation.
may remove a hearing officer only by regasesting that the assigned hearing Sull 2.Administrative offense defined.An administrative offense is
NIIrr officer find that he or she cannot fairly ai°td objectively revlerw the case,If a a violation of a provision of this Code and is subject to the administrative
p' finding is made,the officer must remove himself or herself from the case, penalties set forth in the city's current fee schedule adopted by the city
and the city administrator must assign another hearing officer.The hear- annually or from time to time by resolution enacted by city council.
�. ling officer is not a pudl6al officer bug is.a public officaras defined by Mlnru Subd.3.Notice.Any officer of the Stillwater Police Department,or
Staff..§509A15,The hearing officer must mitt be,a city employee-The city any other person employed by the city,authorized in writing by the city
!� achninisvra for nmuast establish a.procedure for evaluating the competterscy administrator and having authority to enforce this Code shelf,upon deter-
of the hearing officers,Inducting comments drover accused violators and mining that there has been a violation,notify the violator,or in the case of
city staff.These reports must be provided to the city council. a vehicular violation,attach to the vehicle,a notice of the violation.Said
(2)Upon the hearing officers own initiative or upon written request of notice shall set forth the nature,date and time of the violation,the name
an interested party demonstrating the need,the officer may issue a sub- of the official Issuing the notice and the amount of the scheduled ponakty.
�. Poona far the attendance of a witness orthe production of books.papers, Subd.4.Payment,Once.Such notice is given,the alleged violator may,
records or other documents that are material to the matter being heard, within Gem days of the Rime of Issuance of tile ncrae,pay the amount sot
The party requesting fine subpoena shaill be responsible fair serving the forth on;the Schedule of Penalties"for the violation„"The penalty may be
subpoena in Vie rnannar provided for civil aateint,and for paying this fees paid in person or by mail,and payment shall tlx:deemed an admission of
and expenses of any witness.A person served with a subpoena may the violation.
file an objection with the hearing officer;promptly but no later than the 'Nate.The Schedule of Penalties is set out in its entirety as in the
time specified in the subpoena for compliance The officer may cancel or city's current fee schedule resolution that is adopted annually by the City
4 modify the subpoena if it is unreasonable or oppressive.Any person who, Council.
without lust cause falls,ur rebuses to attend and testily at to produce Subd.5.Court appearance request.Any person conga Trig an adi. the required 11,00u Maio is irr obw.lionca to a subpoene shall be,guiltyr of a mmnistrative offense,pursuant to this section may within ten days of the
nlisderneauor.Alternatively?,the party requesting the subpoena may seek time of the issuance of the notice,request a court appearance.A person
an order from district(oust directing comrµpEamoa;tts requesting a court',appearance will be issued a citabitWisummons for the
(3)Notice of the hearing must be served in person or by mail on the violation and a court date will be set.The administrative offense proce-
person responsible for the violation at least ten days in advance,unless dure will then terminate.
�. all parties accept is shorter time.At the hearing,the parties will have the Subd.6,Failure to pay.In the event a party charged with an administra-
opportunity to present testimony and question any witnesses,but strict five offense fails to pay the penalty within ten days,or request a court ap-
rules of evidence shall not apply T he heattiag officer must tape record the peorance within ten days,a misdemeanor or petty misdemeanor charge
hearing,and receive testimony and exhibits.The officer must reserve and wh be brought against the alleged violator in accordance with applicable
4 gve weight to evidence,inceding hearsay evidence,which possesses city ordinances and state statutes.Upon issuance of the misdemeanor
. probative value commonly accepted by reasonable and prudent people or petty misdemeanor charge,the administrative offense procedure shall
an the conduct of their affairs, terminate.If the penalty is paid in full within ten days,no similar charge
(4)The hearing officer has the authority to determine that a violation may be brought by the city of Stillwater for the Same incident.
occurred,to dismiss a citation,to impose the scheduled fine,and to re- Subd.7.Disposition of penalties.All penalties collected by the Stillwa-
duce,.stay of waive a scheduled fine either unconditionally or Eupora coal. ter Raise Department,pursuant to this section,shall be paid to the city's
Priance with appcoprrata oonditkmli,When imictrang a penalty tom tit via- finance director end may be deposited in the city's general fund.
{ istion,$Eno hearing officer may outuider any or all of the following factors: Subd.8 Offenses and penalties.Offenses that may be charged as
g a.The duration of the violation, administrative offenses,and the perialtpes for such offenses„may be
i b.The frequency or reoccurrence of the violation; changed from time to orate by resclul tan muscled by the city council.Cop-
t c.The seriousness of the violation; ies of such reguutions shall be maintained in the city clarka officer
d.The history of the violation; So6d9 9.Subsequent offenses.In The event a party is charged with a
e.The violator's conduct after issuance or the notice of hearing; third administrative offense within a 12-month period,administrative no-
t f.The gnod'faith shoat by the violator to comply; rice/penalty may not be issued and a misdemeanor or petty misdemeanor
g.The economic impact of the penalty on the violator; charge..shall be brought against the alleged violator.
h.The impact of the violation upon the community;and 2.Saving.In all other ways the Stillwater City Code shall remain in full
1.Any other factors appropriate to a just result. force and effect.
q,y The decision of the nearing officer is final;however,an aggrieved 3.Effective Data. This Ordinance will be in full force and effect from
party may obtain tudreia➢review of the decision of the hearing officer in and after its passage and publication according to law.
'. accca'dancs with state lawn. Adopted by the City Council this 19th day of June,2018.
(6)The failure to pay the fine or request an appeal within seven days. CITY OF STILLWATER
after the citation or the failure to attired the hearing)constitutes a waiver of /a/Ted Kozlowski
the violator's rights to an administrative hearing and an admission of the Ted Kozlowski,Mayor
violation.A hearing officer may waive this result upon good cause shown. ATTEST:
Examples of"good cause'are:death or incapacitating illness of the ac- Is/Diane E Ward
cused;a court order requdrdiap the accused to appear for another hearing Diane Ward,City Clerk
at the time;and lack of proper service of the citaticri or notice of the hear- Published in the
Ind."Good cause"shall not include fometfulnesc anti tot—tlr,r,mi H lav .Rtill—t.,r_
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF WASHINGTON
Jessica Crabb being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s)known
as:
Stillwater Gazette
with the known office of issue being located
in the county of:
WASHINGTON
with additional circulation in the counties of:
WASHINGTON
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/22/2018 and the last
insertion being on 06/22/2018.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: qy
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/22/2018 by Jessica Crabb.
Notary Public
�nnn vwwwvw.
a,51,,r
z• =- DARLENE MARIE MACPHERSON
( `� Notary Public-Minnesota
'*-7. `'+` MyCommission Expires Jan 31,2019
,,•a
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$40.00 per column inch
Ad ID 828917
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF WASHINGTON
Jessica Crabb being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s)known
as:
Stillwater Gazette
with the known office of issue being located
in the county of:
WASHINGTON
with additional circulation in the counties of:
WASHINGTON
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn.Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/22/2018 and the last
insertion being on 06/22/2018.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause(1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribe and sworn to or affirmed before
me on 06/22/2018 by Jessica Crabb.
� c (AM -Pt
Notary Public
?"1:1'*:‘,DARLENE MARIE MACPHERSON
1 3. Notary Public-Minnesota
''4 +`° My Commission Expires Jan 31,2019
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$40.00 per column inch
Ad ID 828935