HomeMy WebLinkAbout2018-10-02 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
October 2, 2018
REGULAR MEETING 4:30 P.M.
RECESSED MEETING 7:00 P.M.
4:30 P.M. AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. Lily Lake Improvements – Middle St. Croix WMO
2. Old Armory Update
IV. STAFF REPORTS
3. Police Chief
4. Fire Chief
5. City Clerk
6. Community Development Dir.
7. Public Works Dir.
8. Finance Director
9. City Attorney
10. City Administrator – Letter of Support – HPC Conference
7:00 P.M. AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
11. Possible approval of the September 18, 2018 regular meeting minutes.
IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
12. Possible approval of first reading of an ordinance amending the Stillwater Charter – Wally
Milbrandt, Chair of the Charter Commission (1st reading – Roll Call)
13. Proclamation: Fire Prevention Week
X. OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are
not a part of the meeting agenda. The Council may take action or reply at the time of the
statement or may give direction to staff regarding investigation of the concerns expressed.
Out of respect for others in attendance, please limit your comments to 5 minutes or less.
XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to
be routine by the city council and will be enacted by one motion. There will be no separate
discussion on these items unless a council member or citizen so requests, in which event,
the items will be removed from the consent agenda and considered separately.
14. Resolution 2018-213, directing payment of bills
15. Ordinance 1113, an ordinance amending the Stillwater City Code (updating of various
chapters of the City Code)
16. Resolution 2018-214, approving the issuance of a New Off-sale Liquor License to Midnight
Spirits LLC, DBA The Stills
17. Resolution 2018-215, approving assessment appeal waiver agreement for Boutwell Farms
18. Resolution 2018-216, approving assessment appeal waiver agreement for Nottingham
Village
19. Resolution 2018-217, approving assessment appeal waiver agreement for Westridge
20. Resolution 2018-218, resolution rescinding Resolution No. 2018-137 authorizing acquisition
of real property for public purposes
21. Resolution 2018-219, resolution adopting assessments for water service improvements for
various resident projects (L.I. 422-1, L.I. 422-2, L.I. 422-3)
22. Resolution 2018-220, approving master services agreement with Environmental Resources
Management Inc.
23. Possible approval of sanitary sewer adjustments
24. Possible approval to purchase Granicus Board & Commissions Management Software
25. Possible approval of temporary liquor license – Greater Stillwater Area Chamber– River Market’s
Annual Meeting – October 6, 2018
26. Possible approval of temporary liquor license – Greater Stillwater Area Chamber– The Zephyr
Theatre Masquerade Ball – October 13, 2018
27. Possible approval of temporary liquor license – Greater Stillwater Area Chamber– Haunted History
Trolley Tours – October 18-20, 2018
28. Possible approval of temporary liquor license – Greater Stillwater Area Chamber– Haunted History
Trolley Tours – October 25-27, 2018
XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
XIII. UNFINISHED BUSINESS
29. Possible approval of 2019 Ice Castle Agreement (Resolution – Roll Call)
30. Possible approval of second reading of Ordinance 1114, an interim ordinance prohibiting
subdivision of lots in Springcreek and Boutwell Valley Estates (Ordinance – Roll Call)
XIV. NEW BUSINESS
31. Request from Summer Tuesdays Inc - Harvest Fest Base Fee Waiver
32. Possible approval of agreement between the State of Minnesota & City for the Lily Lake Public
Fishing Pier (Resolution – Roll Call)
33. Possible award of contract for Pioneer Park Restroom Rehabilitation (Resolution – Roll Call)
XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XVI. COMMUNICATIONS/REQUESTS
XVII. COUNCIL REQUEST ITEMS
XVIII. STAFF REPORTS (CONTINUED)
XIX. ADJOURNMENT
Ai
Ifwater
_________,,,m.„,,
The Birthplace
Public
Print Name: /
of Minnesoi:)
Comment
-
Address: e
City: 6/d` � ///1,S
Comment/Topic: Xiii'
''"" ''
Visitors may share with the City Council their comments or concerns on any
issue that is a responsibility or function of City of Stillwater Government,
whether or not the issue is listed on this agenda. Persons who wish to address
the Council must fill out a comment card before the meeting begins and give
it to the City Clerk or the City Administrator. The Mayor will ask you to
come to the podium, state your name and address, and present your
comments on the topic listed on your sign -in card. You are encouraged not
to be repetitious of any comments made by any previous speakers and to
limit your presentation to no more than five minutes. The Mayor reserves
the right to limit an individual's presentation if it becomes redundant,
repetitive, overly argumentative; if it does not address the topic listed on the
sign -in card; or if it is not relevant to an issue that is part of the City of
Stillwater's responsibilities. The Mayor may also limit the number of
individual presentations to accommodate the scheduled agenda items.
6
lUwater
The Birthplace of Minnesola.)
/Public Comment
Print Name: u(R"
I/�Y
Address: -3 S'-U /61.4 k vL S 1 fri i t? q f
City: C'+1 \ Lc/ 4- 4—e_l
Comment/Topic:
I— f ik r/ 4 5—+1 l 1v✓oi—YC'.0
Visitors may share with the City Council their comments or concerns on any
issue that is a responsibility or function of City of Stillwater Government,
whether or not the issue is listed on this agenda. Persons who wish to address
the Council must fill out a comment card before the meeting begins and give
it to the City Clerk or the City Administrator. The Mayor will ask you to
come to the podium, state your name and address, and present your
comments on the topic listed on your sign -in card. You are encouraged not
to be repetitious of any comments made by any previous speakers and to
limit your presentation to no more than five minutes. The Mayor reserves
the right to limit an individual's presentation if it becomes redundant,
repetitive, overly argumentative; if it does not address the topic listed on the
sign -in card; or if it is not relevant to an issue that is part of the City of
Stillwater's responsibilities. The Mayor may also limit the number of
individual presentations to accommodate the scheduled agenda items.
POLLINATOR PLANTINGS
INFILTRATION
AREA DEPTH:1'-6"
EMERGENCY
OVER FLOW
LEGEND
• INFILTRATION AREA el
CONSISTING OF NATIVE
PLANTS, INCLUDING
POLLINATOR PLANTINGS
BIOFILTRATION SWALE WITH
NATIVE PLANTINGS TO
CONDUCT BASIN OVERFLOWS
TO EXISTING GREELEY ST
STORM SEWER
TURF WALKING PATH
ENCIRCLING INFILTRATION
BASIN AND CONNECTING TO
PARKING LOT
O EXISTING PARKING LOT
• NEW STORM SEWER WITH
LOW FLOW INTERCEPTOR
TO CAPTURE FLOWS FROM
ORLEANS ST HOUSING
COMPLEX VIA GREELEY ST
SYSTEM OUTLETS INTO
EXISTING GREELEY ST STORM
SEWER
Lily Lake Bali Fields Infiltration Area
SCALE IN FEET
20 40
00
EOM
water
ecology
community
LAKE STREET
UNDERGROUND INFILTRATION SYSTEM
CROSS SECTION
J� ~
CLEAN
WATER
LAND &
LEGACY
AMENDMENT
ABBOTT STREET W
AVOID/PROTECT
EXISTING WATER
SERVICE LINE
UNDERGROUND
INFILTRATION
SYSTEM
CHURCHILL STREET W
LAKEVIEW
HOSPITAL
[SHINGTON PARK
EXISTING STORM SEWER
2
DRAFT
NO f FOR
CONSTR
UCT O
NO
DATE
BY
REVISION
SCALE IN FEET
2^0
I
100
SUBMISSION DATE:
01122/2018
DESIGN BY DRAWN BY
KDC KDC
FOR PROJECT NO.
00405-0009
E01
w a l e r
ecology
community
Emmons & Olivier
Resources, Inc.
651 Hale Avenue North
Oakdale, MN 55128
Tele: 651.770.8448
www.eorinc.com
LILY LAKE PHASE 2
STILLWATER, WASH COUNTY, MN
WASHINGTON PARK
UNDERGROUND INFILTRATION
STATE PROJECT NO
I CITY PROJECT NO
SHEET 01 OF 01 SHEETS
RESOLUTION 2018-213
DIRECTING THE PAYMENT OF BILLS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota,
that the bills set forth and itemized on Exhibit "A" totaling $792,120.21 are hereby
approved for payment, and that checks be issued for the payment thereof. The
complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be
inspected upon request.
Adopted by the Council this 2nd day of October, 2018.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
EXHIBIT "A" TO RESOLUTION #2018-213
LIST OF BILLS
Abbott Paint
Abrahamson Nurseries
Advance Auto Parts
Advanced Graphix Inc.
Aspen Equipment Company
Aspen Mills
AutoZone
BHE Community Solar
Bolton and Menk Inc.
Bryan Rock Products Inc.
CalAtlantic Homes
Century College
Century Power Equipment
Cintas Corporation
Comcast
Computer Integration Technologies
Coverall of the Twin Cities
Custom Fire Apparatus
Daleo
Dalton Don J
ECM Publishers
Emergency Apparatus Maintenance
Emergency Response Solutions
Environmental Equipment & Services
FleetPride
Fraley Thomas
Fury
Galls LLC
Granicus Inc
Hadrits Angie
Hardrives Inc.
Integrity Land Development Inc
ISQFT Inc
Jefferson Fire and Safety Inc.
Lake Elmo Oil Inc
Lakeview Hospital
Lano Equipment
League of MN Cities Ins Tr
Lennar of Minnesota
Loffler Companies
Mansfield Oil Company
Marshall Electric Company
Menards
Mino Amy
Moodys
Stain
Mums
Equipment repair supplies
Graphics
Equipment repair supplies
Uniforms & Name tags
Auto supplies
Solar Garden
Lift Station Evaluation
Rip rap
Grading Escrow Refunds
Training -Richardson
Equipment repair supplies
Mat & uniform cleaning service
Internet
Professional services
Commercial cleaning services
Automotive Equipment
Janitorial supplies
Hydroseed
Publications
Vehicle repair charges
Control module
GB Torque Motor
Equipment repair supplies
Torx screwdriver set
Vehicle service
Uniforms
Qtrly web streaming service
Reimburse for mileage to conference
2018 Street Project
Neal Ave road & right of way construction
Refund overpayment
Hydrogen Chloride
Fuel
Blood draws
Equipment repair supplies
Claim# 62196
Grading Escrow Refund
Conference recording system
Fuel
Photo eyes and bulbs in parking lot
Supplies
Reimburse for mileage to conference
Professional services
Page 1
18.48
575.64
80.83
510.00
311.36
829.71
54.98
5,722.15
2,589.00
291.72
3,000.00
465.00
28.05
272.56
134.90
2,566.00
540.00
2,614 .79
815.24
2,000.00
142.50
710.00
12.86
824.00
830.54
160.99
44.96
198.98
1,118.59
116.63
472,060.80
130,434.20
5.00
187.15
71.39
50.00
68.68
1,000.00
1,500.00
776.00
5,474.93
1,266.00
146.84
116.63
15,000.00
EXHIBIT "A" TO RESOLUTION #2018-213
Oehrleins
Office Depot
O'Reilly Auto Parts
Otis Elevator Company
Performance Plus LLC
Pratt Jeffrey & Patricia
Primary Products Co .
Quill Corporation
River Valley Printing Inc.
Robole Donna
Safe Fast Inc
Springsted
St. Croix Boat and Packet Co.
St. Croix Recreation Fun Playgrounds
Stillwater Motor Company
T.A. Schifsky and Sons
Tri-County Law Enforcement Assoc
Tri-State Pump and Controls Inc.
Verizon Wireless
VSAlnc
Walmart Community
Washington County Public Safety Radio
Washington County Sheriffs Office
Welle Scott
Wittman Abbi Jo
Woodchuck Tree Care LLC
REC CENTER
Cintas Corporation
HOR Architecture
Ice Skating Institute
Menards
Riedell Shoes Inc.
LIBRARY
Brodart Co
Cummins NPower LLC
Master Mechanical Inc.
Menards
Mercury Electric
Office of MN IT Services
Star Tribune
Stillwater Medical Group
Toshiba Business Solutions
Field Maintenance
Office supplies
Equipment repair supplies
Elevator contract
Medical screen
Refund Tech fee
Nitrile gloves
Supplies
Case file jackets
Reimburse for mileage
Supplies
Bonds Series 2018A
Dock Space Lease & Ramp cleaning
Little Digger
Vehicle repair
Asphalt
Membership
Lift station repairs
Wireless service
Conference room tech upgrade
Supplies
800 Radio user fees
SFST/ARIDE Course-Mallet
SWWC Wellness
Reimburse for conference expenses
Tree removal
Mat cleaning service
Rec Center Dome Project
Skater Memberships
Equipment repair supplies
Skates
Materials
Supplies
Building Repairs -Water Fountain
Supplies
Ramp Incident -Building Repairs
Telephone
Materials
New Hire Drug Screening
Maintenance Contract
Page 2
9,433.75
1,297.64
38 .94
823.20
1,286.00
25.00
100.35
178.06
1,135.00
45.78
636.30
24,556.09
3,476.67
1,537.60
477.24
2,053.44
75.00
1,170.00
2,023.62
8,139 .69
30.78
9,101.82
30.00
250.00
350.25
1,365.00
103.00
2,977.73
1,499.50
254.45
1,071.37
5,931.89
103.14
563.35
83.37
1,306.10
138.50
461.76
249.00
135.14
EXHIBIT "A" TO RESOLUTION #2018-213
SEPTEMBER MANUALS
Comcast
Conner Glenda
Enterprise FM
Mn Dept of Labor & Industry
Postmaster
Street Smart
Verizon Wireless
Xcel Energy
ADDENDUM
Egger Alison
Mn Dept of Public Safety
St. Croix Plumbing
Tonrey Dana
US Bank
Xcel Energy
Adopted by the City Council this
2nd Day of October, 2018
Internet & voice
Temporary Easement
Lease Vehicles
Plumbing plan review fee
Utility Certification Postage
Matrix Trailer
Wireless service
Energy
Reimburse for mileage
Forfeiture Title Application
Refund of cancelled permit
Refund of ramp vouchers not used
Paying Agent Fees
Energy
Page 3
483.57
10,000.00
1,666.26
250 .00
272.05
16,414.00
630.18
4,037.23
167.86
65.25
50.50
95 .00
850 .00
16,884.71
TOTAL 792,120.21
RESOLUTION APPROVING THE ICE CASTLES AGREEMENT
WHEREAS the City has encouraged Organizer to construct, operate, and maintain an
Ice Castle (the "Event") at a location within the City in order to foster and promote tourism
and encourage commerce that will ultimately increase property values and the quality oflife
within the City; and
WHEREAS the City is the owner of certain land in Stillwater, Minnesota, known as
Lowell Park ( collectively the "Premises"); and
WHEREAS Organizer constructs, maintains and operates castle-like structures made
of water pipes, snow and ice with walking paths inside (the "Ice Castle"). Organizer charges
visitors a fee to visit the Ice Castle; and
WHEREAS the City is willing to allow Organizer to construct, maintain and operate
an Ice Castle and its related activities within the Ice Castle structure on the Premises in
exchange for a share of the revenue and Organizer's compliance with the terms and
conditions set forth in the agreement.
NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the Ice Castle
Agreement is hereby approved and the Mayor and City Clerk are authorized to sign the
agreement on the City's behalf.
Adopted by the Stillwater City Council this 2nd day of October, 2018.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
1
ICE CASTLES AGREEMENT
THIS AGREEMENT, is entered into as of this ____________ day of
______________________________, 2018, between the CITY OF STILLWATER, Washington County,
Minnesota (“City”), and by ICE CASTLES, LLC, a limited liability company, registered in the
State of Utah, licensed to do business in Minnesota, hereinafter referred to as (“Organizer”).
WHEREAS the City has encouraged Organizer to construct, operate, and maintain an
Ice Castle (the “Event”) at a location within the City in order to foster and promote tourism
and encourage commerce that will ultimately increase property values and the quality of life
within the City; and
WHEREAS the City is the owner of certain land in Stillwater , Minnesota, known as
Lowell Park, more particularly described in Exhibit A attached hereto and made a part
hereof, together with certain improvements thereon (collectively the “Premises”); and
WHEREAS Organizer constructs, maintains and operates castle-like structures made
of water pipes, snow and ice with walking paths inside (the “Ice Castle”). Organizer charges
visitors a fee to visit the Ice Castle; and
WHEREAS the City is willing to allow Organizer to construct, maintain and operate
an Ice Castle and its related activities within the Ice Castle structure on the Premises in
exchange for a share of the revenue and Organizer’s compliance with the terms and
conditions set forth herein.
NOW THEREFORE, in consideration of the promises herein recited and the
covenants, conditions and agreements set forth herein, Organizer and City agree as follows:
1. TERM. Operation of the Event is limited as follows:
General Term: October 16, 2018 through March 31, 2019.
Event Opening: (Weather Dependent) Hours of operation for being open to
the public shall be Sunday through Thursday from 4:00 p.m. – 10:00 p.m.,
(closed Tuesdays) and Friday – Saturday from 12:00 p.m. to 11:00 p.m.
Cleanup: (Weather Dependent) Generally: March 11, 2019 – April 3, 2019,
demolish Ice Castle and move all equipment, outbuildings, fencing and
ancillary items offsite unless the City is required to implement flood control
measures or weather conditions will not support the ice castle structure
prior to March 31, 2018.
In the event of high water on the St. Croix River, at the City’s request, Ice
Castles will be responsible for removing an appurtenance(s) or structure(s)
that may be affected by the high water and the City’s effort in protecting the
area from high water
2
2. COMPENSATION. Organizer shall pay to the City the following amounts for use of
the Premises:
a. Base Fee: A base monthly fee (“Base Fee” [$50/day x 167 days = $ 8350]) shall
be due as follows:
Amount
Due:
Due Date:
$2087.50 January 15, 2019
$2087.50 February 15, 2019
$2087.50 March 15, 2019
$2087.50 April 15, 2019
b. Attendance Fee: In addition to the Base Fee, Organizer shall pay to City an
additional $3,000 for each 10,000 visitors exceeding 50,000 (“Additional
Fee”). On April 15, 2019, Organizer shall provide to City the attendance
records and payment of the Additional Fee.
3. SECURITY DEPOSIT. Upon execution of this Agreement, Organizer shall pay to the
City a security deposit in the amount of $25,000. The City shall retain the security
deposit and may apply the security deposit to any obligations of Organizer under this
Agreement, including but not limited to damage to Premises or payments due herein.
City shall refund any unused portion of the security deposit to Organizer within sixty
(60) days of the termination of this Agreement. If City does not return the full deposit
amount, City shall provide to Organizer an itemized accounting of any amounts
withheld, within sixty (60) days of the termination of this Agreement. The City shall
retain any interest earned on the security deposit.
4. LOWELL PARK USE. Organizer shall use the Premises only for the construction,
maintenance and operation of one Ice Castle. Organizer shall have exclusive use of
the Premises throughout the Term of this Agreement.
a. The Ice Castle structure shall be located in Lowell Park north of the Historic
Lift Bridge as shown on the attached map. The Ice Castle structure shall
maintain separation distances from critical Park infrastructure as
recommended by SEH Engineering firm in the attached letter and as shown on
the attached map.
b. All buildings, work shelters, storage facilities, outbuildings, etc. shall be
located above 686’ elevation for flood protection (686’ elevation contour level
shown on attached map).
c. All fuel tanks must be located above 686’ elevation and contained in an
enclosed structure.
5. ACCESS; SNOW PLOWING. Organizer shall be responsible for providing access to the
Premises during Organizer’s operations. A City street crosses through the Premises
and a City parking lot is situated on the Premises. City does plow the City street
3
consistent with the City’s standard snow plowing policy, along with the parking lot
immediately in front of the Ice Castle and Pay Structure. City does not make any
warranty or guaranty that the street or parking lot will be plowed at any given time
to allow Organizer to operate on the Premises and its guests and invitees to access
the Premises. Organizer may plow or arrange for plowing the Premises and/or the
parking lot and other parking lots within the Premises. If Organizer plows or
arranges for plowing any portion of the parking lot, Organizer shall repair any
damage done to the Premises or any other City property as provided in paragraph 21.
The appropriate use of warning signs, rubber mats and roughing of the ice shall be
used to address slippery conditions. Minimum application of eco-friendly salt on
walkways is allowed only during extreme weather conditions.
6. ACCESSIBILITY. Organizer shall comply with all applicable federal, state and local
accessibility requirements to ensure access to the Premises and Ice Castle by all
persons.
7. CONDITION OF PREMISES. The Premises is not designed for the use provided for
herein. No representation, statement or warranty, expressed or implied, has been
made by or on behalf of the City as to the suitability of the Premises for use as an Ice
Castle, nor for the condition of the Premises. The taking of possession of the Premises
by Organizer shall be conclusive evidence that Organizer accepts the Premises “as is.”
In no event shall City be liable for any defect in the Premises.
8. MAINTENANCE BY CITY. The City will maintain the lower walkway along the St.
Croix River.
9. MAINTENANCE OF PREMISES BY ORGANIZER. Organizer shall keep and maintain
the Premises and all improvements in a safe, sanitary, and orderly condition, in good
repair, and shall restore and yield the same back to City upon the termination of this
Agreement in such condition and repair as shall exist at the commencement of this
Agreement including monument and planting bed. Organizer shall not damage or
cause waste to the Premises and shall maintain all areas of the Premises in a safe,
sanitary, functional and orderly condition at all times, free of refuse and objectionable
noises, odors or nuisances. Organizer shall reimburse the City for the cost of
transplanting any trees that must be moved to allow Organizer to construct the Ice
Castle.
a. Maintenance of the lower walkway and Sam Bloomer Way caused from overspray
from the Ice Castle operation causing ice build-up on the lower walkway will be
removed by the Ice Castle’s team (assuming the lower walkway is not under water
or ice from a high-water situation).
b. Ice Castles will maintain and keep open all catch basins within the Ice castle
footprint and the perimeter
c. The overall appearance of the Ice Castle structure, outbuildings, equipment, fencing
and other ancillary items must be professional, neat and orderly throughout the
setup, operation and cleanup of the Ice Castle event. The City may require
additional screening or cleanup by Ice Castles, Inc. at its expense if the appearance
is disorderly and unkempt creating a safety or nuisance concern.
4
d. Upon final removal of all ice and related structures, all Ice Castles, Inc. shall
remediate and restore Lowell Park premises and infrastructure to such condition as
existed at commencement of the Agreement. A list of contractors engaged by Ice
Castles, Inc. to provide Lowell Park remediation must be provided to the City by
April 30, 2019. If Ice Castles, Inc. fails to act in a timely fashion, the City reserves
the right, at its discretion, to remediate and restore Park to condition as existed at
commencement of the Agreement and bill Ice Castles, Inc. for invoice costs plus
City overhead costs of such projects.
10. SUPERVISION. Organizer shall be responsible for providing all supervision of
Organizer’s employees, agents and visitors on the Premises. Organizer shall be
responsible for ensuring that all employees, agents and visitors, while using the
Premises, follow any and all federal, state and local laws, regulations, ordinances and
policies. In addition, Organizer shall be responsible for the safety and behavior of all
employees, agents and visitors, including but not limited to safety, noise, and
objectionable actions.
11. FOOD. Organizer may provide food for sale at the Premises, or subcontract the same,
but all food service and food vendors must be approved by the Washington County
Public Health & Environment and any applicable County permit must be obtained and
a copy provided to the City.
12. ALCOHOL. No alcohol shall be served within the Premises without appropriate
licensure issued by the City.
13. SIGNS. Organizer may place signage on the Premises for advertising and directions.
All signage must be in compliance with the City Code and ordinances, and be
approved in advance by the Community Development Department.
14. ALTERATION OR IMPROVEMENT; LIENS. All structures and equipment installed
on the Premises shall be approved in advance by the City, and Organizer shall obtain
any required permits or licenses, including building and electrical permits, necessary
for such structures or equipment. Any alterations, additions and improvements
which may be made or installed by Organizer, shall be removed from the Premises
upon the earlier of termination of this Agreement, if the Agreement is terminated
prior to the end of the Term, or the end of the Term. If Organizer fails to remove any
alterations, additions, improvements, equipment or personal property upon
termination of this Agreement, City may remove and dispose of such items in City’s
sole discretion and use the Security Deposit to reimburse itself for all such costs. If
the Security Deposit is not sufficient to pay such costs, City shall invoice Organizer for
the costs in excess of the Security Deposit and Organizer shall pay such invoice within
fifteen (15) days of receipt. Organizer covenants and agrees to keep the Premises and
improvements situated thereon free and clear of any and all liens in any way arising
out of the use thereof by Organizer and will defend and indemnify and save City
harmless from any and all such liens which may arise by reason of alterations or
improvements made by Organizer. If any mechanic’s lien is filed against any part of
the Premises for work claimed to have been done for, or materials claimed to have
been furnished to, Organizer, such mechanic’s lien shall be discharged by Organizer
within ten (10) days thereafter, at Organizer’s sole cost and expense, by the payment
5
thereof or by making any deposit required by law. Failure of Organizer to have the
lien discharged shall constitute a default under this Agreement.
15.RIGHT TO ENTER. City, its agents and representatives may at any and all reasonable
times during the day and night, upon reasonable notice to Organizer, enter to view
and inspect the Premises, and to clean and maintain the same, or to make repairs, or
to make such improvements or changes in the Premises as City may deem proper.
Should such repairs, improvements, or changes need to be made, the City shall
coordinate with Organizer so as not to disrupt Organizer’s use of the Premises. There
shall be no diminution of compensation payable to Organizer and Organizer hereby
releases City of all liability, claims, losses, suits, damages, and injuries, by reason of
inconvenience, annoyance or injury to business on account of any such entry or acts
by City, its agents or representatives.
16.POLICE POWER. The City reserves the right to order a shutdown of the Event in the
event the Chief of Police determines, in his sole discretion, that the public safety is
threatened or any condition of this Agreement is violated. If requested by the Chief
of Police, the Organizer will assist the police in the clearing of the Premises.
17.SECURITY. Organizer and City shall confer with the Chief of Police as to the
advisability of closing the Levee Road (Lowell Park) and the Organizer shall hire any
security personnel/police personnel that the Stillwater Police Chief requires. Should
the City have to hire outside agencies, the City will invoice the Organizer for any
additional costs.
18.ASSIGNMENT OR SUBLET. Organizer shall not sublet the whole or any part of the
Premises, or assign all or any part of its present interest in this Agreement, without
first obtaining the written consent of City to any such sublease or assignment, which
consent may be withheld in the City’s sole discretion. Independent subevents require
separate approval by the City.
19.CITY SERVICES. The type and amount of the materials specifically noted in this
Section 18 that are needed for the Event, will be determined by the Public Works
Superintendent. The Organizer shall be required to provide portable toilets to
augment the existing facilities, barricades for street closure, trash removal, and
electricity for vendors. The Organizer may contact the City to arrange rental of
materials and will be charged for use according to the City of Stillwater policies.a.Portable Toilets. The Organization must furnish at least four (4) portable
restrooms, with hand sanitizing, to facilitate expected crowds, at least one of
which shall be handicap accessible. Additional portable restrooms must be
provided by the Organizer if deemed necessary to protect public health as
determined by the Public Works Department.b.Barricade Placement.i.The Organizer shall place reflective standard barricades no later than 8:00a.m. on November 1, 2018, at the parking lot entrances as designated by
the Public Works Department. This will inform users of the parking lot
closure for the Event.
6
ii.The Organizer shall place Type III barricades on Sam Bloomer Way south
of the bridge at Chestnut Street, and on Myrtle Street east of the parking
lots where the Ice Castle is located.c.Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and
trash receptacles in sufficient quantity to contain the accumulation of trash
generated by the Event. The Organizer shall make certain that all trash is
picked up daily during and after Event. The Organizer shall remove any
excessive garbage that does not fit within the receptacles and dispose in trash
dumpsters. The City reserves the right to require additional receptacles
should the Organizer not remove excess garbage from the Event.d.Tree Relocation. The Organizer shall reimburse the City for the relocation and
installation of a new tree affected by the Ice Castle on the premises.e.Electrical Line. The Organizer shall be responsible for all costs to remove,
relocate and/or replace the electrical line from the power pole at Myrtle Street
to the gazebo.f.Temporary Work Site. The City will provide a temporary work site at the Lily
Lake Park storage facility or alternative location, for the Organizer to complete
preliminary fabrication and construction of its containers/trailers that will be
placed at Lowell Park for the Event.g.Utility Walk-Through. The Organizer shall contact the Public Works
department to walk through the Premises to consider irrigation and electrical
locations, City utilities and other infrastructure prior to
installation/construction of the Ice Castle.h.Electricity.i.Each electrical box needed for the Event will be opened by the City on
October 16, 2016. The Organizer shall be charged a base fee of
$20/electrical box, plus the actual cost of electricity used for the duration
of the event.ii.Organizer agrees to meet with the City and/or the State electrical inspector
a minimum of 1 week prior to the opening of the Event to ensure all
vendors using electrical service comply with the Minnesota Electrical
Code. Inspection costs (if any) shall be the Organizer’s responsibility.i.Parking Lot Use. City Parking Lot #5 shall be available for use by the Organizer
from October 15, 2018 to March 31, 2019 at a fee of $1764.00 [$1.50/parking
space/day x 7 spaces x 168 days]. The Organizer shall promote the use of the
City parking ramp in its advertising media.j.Water. The Organizer shall pay the bulk water rate of $2.00/1,000 gallons for
water usage from the fire hydrant located at the corner of Myrtle Street and
Parking Lot #5 with a maximum volume use of 11 million gallons, per direction
from the Board of Water Commissioners. Water charges shall be billed
separately and payable to the Board of Water Commissioners. The Water
7
Department shall not be liable for water loss due water main break or repair
to the distribution system.
k. Public Safety. The Organizer and the City shall meet and confer to mitigate
public safety risks as determined by the Stillwater Police or Fire Departments
that are due to traffic control, public safety or health hazards generated by the
Event activities,
l. Cleanup/Removal. Organizer shall remove lights and as much power dmx as
possible, demolish the Ice Castle with track hoe and remove ice to within 4-6 feet
of the ground surface (deposit in St. Croix River as allowed or move offsite),
remove all outbuildings, construction materials, equipment, and other ancillary
items by April 3, 2019; and shall also remove Ice Castle structure from Myrtle
Avenue and Sam Bloomer Way by April 15, 2019, unless weather conditions do
not allow the removal of the ice castle structure and out buildings, in which case
Organizer shall remove the items promptly as possible once the weather allows.
i. Organizer shall remove trash, additional trash enclosures each day of the
event. If the above items are not removed as stated above, the Organizer will
reimburse the City for costs incurred in removing the items.
20. VENDORS. NO CAMPING. The Organizer agrees to inform any vendors that there is
no camping in Lowell Park or any City parking lots.
a. The Organizer agrees that any vendor using cooking facilities will be inspected
for safety by the Stillwater Fire Department and Washington County Health
Department. Inspection costs (if any) shall be paid for by the Organizer
directly to the agency/person doing the inspection.
b. The Organizer agrees to ensure that all vendor’s waste water be discharged
into a holding tank approved by Washington County Health Department.
Vendors without an approved holding tank shall discharge into grey water
barrels provided by the Organizer. Disposal costs are the responsibility of the
Organizer. For no reason shall grey water barrels or holding tanks be disposed
into the City’s Sanitary or Storm Systems.
21. DAMAGE. If it is established that any portion of the Premises, surrounding landscape,
levee wall, parking lot or other park infrastructure is damaged by the act or failure to
act of Organizer, its employees, agents, or visitors during the term of this Agreement,
beyond normal wear and tear, Organizer shall be responsible to repair the damage in
accordance with direction provided by the City. If Organizer fails to repair the
damage, City may terminate this Agreement and repair the damage. In such event,
City may reimburse itself for such expense from the Security Deposit. If the Security
Deposit is insufficient, City may invoice Organizer for the cost of repairing such
damage not covered by the Deposit, which invoice Organizer shall pay within fifteen
(15) days of receipt.
22. INDEMNIFICATION. Organizer shall assume all risks incident to or in connection
with the uses of the Premises, and shall be solely responsible for all accidents or
injuries of whatever nature or kind to persons or property caused by its operations
8
on the Premises, including plowing as set forth in paragraph 4, and shall indemnify,
defend and save harmless City, its officers, agents, employees, contractors and
representatives, from any penalties for violation of any law, ordinance or regulation
affecting its operations, and from any and all claims, suits, losses, damages or injuries
to persons or property of whatsoever kind or nature arising directly or indirectly out
of Organizer’s uses of the Premises, or resulting from the acts or omissions of
Organizer, or any of its agents or employees.
23. INSURANCE. Organizer shall maintain in force during the entire Term of this
Agreement the following insurance:
a. General liability insurance for both personal injury and property damage as
follows:
i. Commercial General Liability in the amount of $1,500,000 on each
occurrence
ii. General Aggregate $2,000,000
b. A policy or policies insuring the Premises against loss by fire and other perils
in the amount of the full insurable value thereof.
c. Such insurance as will protect Organizer from claims under the Worker’s
Compensation Acts and from claims for bodily injury, death, or property
damage.
All such insurance shall name the City as an additional insured. All such insurance
shall be effective under a valid and enforceable policy or policies, with terms
acceptable to City, issued by an insurer of recognized responsibility approved by
City upon submission of the policy or policies to City at least ten (10) days prior to
the effective date or any renewal date as the case may be.
24. TAXES AND UTILITIES. Organizer shall be responsible for and shall pay all the
special assessments, taxes on equipment, furnishings, fixtures, and property placed
on the Premises, if any, and shall pay promptly any and all utilities used by it on the
Premises for the duration of the Term of this Agreement. Organizer shall be
permitted to connect to the fire hydrant adjacent to the Premises that is located on
Myrtle Street. Organizer shall be permitted to connect to the power boxes located
adjacent to the Premises. All such connections and use shall comply with all federal,
state, and local laws, regulations, and ordinance.
25. DEFAULT AND TERMINATION. Any one of the following events shall constitute an
Event of Default:
a. Organizer shall fail to pay any amount due as herein provided, and such default
shall continue for a period of fifteen (15) days after the due date therefore;
b. Organizer shall violate or fail to perform any of the other conditions, covenants
or agreements herein made by Organizer and such default shall continue for
fifteen (15) days after notice from City; provided, however, that if the nature
of such default is such that Organizer can cure the default, but not within
fifteen (15) days, then the Event of Default shall be suspended for a period not
9
in excess of thirty (30) additional days so long as Organizer commences cure
within fifteen (15) days and thereafter diligently and continuously prosecutes
the curing of the default, and so long as continuation of the default does not
create material risk to the Premises or to persons using the Premises;
c. Upon any such Event of Default, City shall provide written notice to Organizer
detailing the Event of Default. If Organizer fails to cure the Event of Default
within the provided time, this Agreement shall automatically terminate.
Under no circumstances shall any fees or charges, including prepaid fees, be
refunded to Organizer.
26. WAIVER. The failure of the City at any time to require performance of Organizer of
any of the provisions hereof shall in no way affect the right of City thereafter to
enforce the same, nor shall the waiver by City of any breach of any of the provisions
hereof be taken or held to be a waiver of the provision itself.
27. APPLICATION FOR SPECIAL EVENT. The Application for the Event as submitted by
the Organizer is considered part of this Contract and any representations of the
Organizer or conditions included in the application are hereby included as part of this
agreement.
28. NOTICE. All notices required herein shall be in writing and delivered personally, or
by certified mail return receipt to the address as shown below and, if mailed, are
effective as of the date of mailing:
Organizer: City of Stillwater:
Ice Castles, LLC City Administrator
Attn: Kyle Standifird 216 4th Street N.
1054 East 300 North Stillwater, MN 55082
American Fork, Utah 84003
29. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc.,
given to, or prepared or assembled by Organizer under this Agreement which the City
requests to be kept confidential, shall not be made available to any individual or
organization without the City’s prior written approval. The books, records,
documents and accounting procedures and practices of Organizer or other parties
relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective
date of this Agreement. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Organizer in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Organizer shall comply with
those requirements as if it were a government entity. All subcontracts entered into
by Organizer in relation to this Agreement shall contain similar Data Practices Act
compliance language. All data and information provided by Organizer under the
terms of this Agreement will be kept confidential, if that classification of the data
would be permitted under the MN Data Practices Act.
10
30. NON-DISCRIMINATION. During the performance of this Agreement, Organizer shall
not discriminate against any employee or applicant for employment because of race,
color, creed, religion, national origin, sex, and marital status, status with regard to
public assistance, disability, sexual orientation or age. Organizer shall post in places
available to employees and applicants for employment, notices setting forth the
provision of this non-discrimination clause and stating that all qualified applicants
will receive consideration for employment. Organizer shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in
all subcontracts for program work. Organizer further agrees to comply with all
aspects of the Minnesota Human Rights Act, Minnesota Statutes §363.01, et. seq., Title
VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
31. DAMAGES. In the event of a breach of this Agreement by the City, Organizer shall not
be entitled to recover punitive, special or consequential damages or damages for loss
of business.
32. ENFORCEMENT. Organizer shall reimburse the City for all costs and expenses,
including without limitation, attorneys’ fees paid or incurred by the City in connection
with the enforcement by the City during the Term of this Agreement, or thereafter of
any of the rights or remedies of the City under this Agreement.
33. AGREEMENT. This Agreement embodies the entire understanding of the parties with
respect to the subject matter hereof and shall not be amended or modified except in
writing signed by the parties. No representations, warranties, undertakings, or
promises, whether oral, implied, written, or otherwise, have been made by either
party hereto to the other unless expressly stated in this Agreement or unless mutually
agreed to in writing between the parties hereto after the date hereof, and neither
party has relied on any verbal representations, agreements, or understandings not
expressly set forth herein. This is a Minnesota contract and shall be construed
according to the laws of Minnesota.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the day and year
aforesaid.
ICE CASTLES, LLC
By_________________________________
Its________________________________
City of Stillwater
11
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2018, by _____________________ and ________________________, the ____________________ and
___________________, respectively of Ice Castles, LLC, a limited liability company, registered in
the State of Minnesota, on behalf of the company.
______________________________
Notary Public
CITY OF STILLWATER
______________________________
Ted Kozlowski, Mayor
_______________________________
Diane F. Ward, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this 2nd day of October 2018, by Ted
Kozlowski and Diane F. Ward, respectively as the Mayor and City Clerk, of the City of
Stillwater, a Minnesota municipal corporation, on behalf of said corporation.
____________________________
Notary Public
12
Exhibit A
MEMORANDUM
TO: Mayor and City Council
FROM: Shawn Sanders, Director of Public Works
DATE: October l5t, 2018
RE: Pioneer Park Restroom Project 2018-14
BACKGROUND
Plans have been in the works over the last year to replace the bathroom facility in Pioneer Park. Bids for this project were
opened on Monday October 1, 2018.
DISCUSSION
The city will act as the general contractor on this project to maintain quality of materials and workmanship. The project
was set up to be bid in different construction categories. The City received five bids for the construction categories with
the low bids as follows:
Masonry, carpentry, roofing, painting, HVAC;
Plumbing;
Electrical;
Total of Bids for Construction
Siegfried Construction
Haussner Plumbing
Oneill Electric
$303,798.00 .
$33,904.00.
$11,500.00.
$349,202.00
In addition, to the bid for construction of the bathrooms, additional quotes were received for the following items :
Demolition: Fuhr Trenching $7400.00
Hazardous material removal/disposal recycling Mid America Technical &
Electrical disconnection and temporary service
Total amount of construction Costs
Environmental Services, Inc.
Marshall Electric
$4,285.00,
$2,000.00.
$362,887.00
To date, $26,000 has been spent for architectural and engineering services and with a contingency estimated at $50,000,
the soft costs are estimated at $78,000, bringing the total cost of the project to $439,887.00. The budgeted amount for the
project is $470,000.
Anticipated schedule for this project is to have the building enclosed with concrete block by December 14th 2018 and
Final Completion by May 24th 2019.
RECOMMENDATION
It is recommended that the City accept the bids submitted for the 2018 Pioneer Park Restroom Project, Project
2018-14, and award contracts, to:
Siegfried Construction
Haussner Plumbing
O'Neal Electric
$303,798.00
$33,904.00
$11,500.00
Mid America Technical & Environmental Services, Inc
Fuhr Trenching
Marshall Electric
ACTION REQUIRED
$4,285.00
$7,400.00
$2,000.00
If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2018-__
ACCEPTING BIDS AND A WARDING THE CONTRACTS FOR 2018 PIONEER PARK RESTROOM
PROJECT (PROJECT 2018-14).
ACCEPTING BID AND AWARDING CONTRACT FOR
PIONEER PARK RESTROOM PROJECT
(Project 2018-14)
WHEREAS, pursuant to an advertisement for bids for the Pioneer Park Restrom Project, bids were
received, opened and tabulated according to law, and the following apparent low bids were received for
each of the trades needed for the project:
LOW BIDDER BID AMOUNT
George Siefried Construction Company, Bayport, MN $303,798.00
Masonry, Structural & Insulation $152,250.00
Carpentry $95,033.00
Roofing $45,277.00
Painting $4,238.00
HVAC $6,000.00
Haussner Plumbing LLC, Stillwater, MN $33,904.00
O’Neill Electric Inc., Stillwater, MN $11,500.00
TOTAL $349,202.00
WHEREAS, additional quotes were received and accepted for the following items.
Fuhr Trenching for Demolition $7,400.00
Mid America Technical & Environ. Services for Material Disposal $4,285.00
Marshal Electric for Electrical Disconnect and Temporary Service $2,000.00
TOTAL $13,685.00
Total Construction Costs $362,887.00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with each of the
apparent low bidders listed above for the Pioneer Park Restroom Project according to the plans
and specifications therefore approved by the City Council and on file in the office of the City
Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits
made with their bids, except the deposits of the successful bidder and the next lowest bidder shall
be retained until a contract has been signed.
Adopted by the City Council this 2nd day of October 2018.
____________________________________
Ted Kozlowski, Mayor
ATTEST:_________________________________
Diane F. Ward, City Clerk
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
October 2, 2018
REGULAR MEETING 4:30 P.M.
RECESSED MEETING 7:00 P.M.
4:30 P.M. AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. Lily Lake Improvements – Middle St. Croix WMO
2. Old Armory Update
IV. STAFF REPORTS
3. Police Chief
4. Fire Chief
5. City Clerk
6. Community Development Dir.
7. Public Works Dir.
8. Finance Director
9. City Attorney
10. City Administrator – Letter of Support – HPC Conference
7:00 P.M. AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
11. Possible approval of the September 18, 2018 regular meeting minutes.
IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
12. Possible approval of first reading of an ordinance amending the Stillwater Charter – Wally
Milbrandt, Chair of the Charter Commission (1st reading – Roll Call)
13. Proclamation: Fire Prevention Week
X. OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are
not a part of the meeting agenda. The Council may take action or reply at the time of the
statement or may give direction to staff regarding investigation of the concerns expressed.
Out of respect for others in attendance, please limit your comments to 5 minutes or less.
XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to
be routine by the city council and will be enacted by one motion. There will be no separate
discussion on these items unless a council member or citizen so requests, in which event,
the items will be removed from the consent agenda and considered separately.
14. Resolution 2018-213, directing payment of bills
15. Ordinance 1113, an ordinance amending the Stillwater City Code (updating of various
chapters of the City Code)
16. Resolution 2018-214, approving the issuance of a New Off-sale Liquor License to Midnight
Spirits LLC, DBA The Stills
17. Resolution 2018-215, approving assessment appeal waiver agreement for Boutwell Farms
18. Resolution 2018-216, approving assessment appeal waiver agreement for Nottingham
Village
19. Resolution 2018-217, approving assessment appeal waiver agreement for Westridge
20. Resolution 2018-218, resolution rescinding Resolution No. 2018-137 authorizing acquisition
of real property for public purposes
21. Resolution 2018-219, resolution adopting assessments for water service improvements for
various resident projects (L.I. 422-1, L.I. 422-2, L.I. 422-3)
22. Resolution 2018-220, approving master services agreement with Environmental Resources
Management Inc.
23. Possible approval of sanitary sewer adjustments
24. Possible approval to purchase Granicus Board & Commissions Management Software
XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
XIII. UNFINISHED BUSINESS
25. Possible approval of 2019 Ice Castle Contract (Resolution – Roll Call)
26. Possible approval of second reading of Ordinance 1114, an interim ordinance prohibiting
subdivision of lots in Springcreek and Boutwell Valley Estates (Ordinance – Roll Call)
XIV. NEW BUSINESS
27. Request from Summer Tuesdays Inc - Harvest Fest Base Fee Waiver
28. Possible approval of agreement between the State of Minnesota & City for the Lily Lake Public
Fishing Pier (Resolution – Roll Call)
29. Possible award of contract for Pioneer Park Restroom Rehabilitation (Resolution – Roll Call)
(Available Tuesday)
XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XVI. COMMUNICATIONS/REQUESTS
XVII. COUNCIL REQUEST ITEMS
XVIII. STAFF REPORTS (CONTINUED)
XIX. ADJOURNMENT
Mayor and Council,
RECEIVED
SEP 2 8 2018
i, ••••••••••••••••••••••••••••
Previous concept proposals regarding redevelopment plans for the Armory have stalled on
account of parking issues. In pursuit of a solution that will allow the Armory to be put bac k into
use, we are putting together plans to fulfill 100% of our parking needs on site. Before we pursue
a formal proposal , we would like to hear your perspective on our concept, and incorporate your
comments before bringing a formal proposal. Below are the parking calculations for the options
we are pursuing.
Parking Calculations:
Based on Stillwater Code of Ordinances S ec. 31-510
8 Apartments "Multifamily, apartments -1.5 per unit; with one covered,
plus one space per three units for guest parking."
1.5 Spots per Apartment 12
1 Guest Parking Spot per 3 2.67
Apartments
TOTAL -Apartments 14.67
O(?tion A -Office (6000 "Business and professional offices exclud in g medical and
sqft) dental offices -One for each 300 square feet of floor area "
1 Spot for each 300 square 20
feet of floor area
TOTAL -Office 20
O(?tion B -Brewery or *Based on July 12, 2018 Memo from Bill Turnblad to
Distillery* (4457.4 sqft) Mayor & Council Members re : Discussion of parking
agreement for Historic Armory property
Tasting Room (1846.7 sqft) 15.4
Office (177 sqft) 0.6
Foyer (87 sqft) 0
Production Area (1846.7 sqft) 5.7
Shared Bathroom (500 sqft) 0
TOTAL -Brewery/Distillery 2 1. 7
Conclusions:
• Option A -The Apartments and Office concept would require 34.67 parking spaces (35,
if rounded).
• Option B -The Apartments and Brewery/Distillery concept would require 36.37 parking
spaces (36, if rounded)
• Depending on concept plans, the Armory is capable of parking 37 to 41 vehicles on site,
including up to 4 accessible spaces and as many as 34 of which will be "covered"
parking.
Colliers International | Minneapolis-St. Paul | 900 2nd Avenue S Suite 1575, Minneapolis, MN 55402
Dan Altstatt
952 837 3049
dan.altstatt@colliers.com
colliers.com/msp
02/26/2018
LOWER LEVEL FLOOR PLAN
1/16" = 1'-0"
Drive Isle
Parking Stall Area
Ramp Area
(widen existing
opening)
Parking Stall
Area
Parking Stall Area
Old Armory - Exterior & Lower Level Concept Plan
(remove existing center pillars)
Existing
Exterior
Parking
Area
Anticipated
On-Site
Parking
Stalls:
Exterior = 6
Garage
& Basement =
35
Total = 41
Parking Areas
Commercial
Residential
Anticipated On-Site
Parking Stalls:
Exterior = 7
Garage & Basement =
34
Total = 41
Colliers International | Minneapolis-St. Paul | 900 2nd Avenue S Suite 1575, Minneapolis, MN 55402
Dan Altstatt
952 837 3049
dan.altstatt@colliers.com
colliers.com/msp
02/26/2018
FIRST FLOOR PLAN
1/16" = 1'-0"
First Floor Concept Plan
Housing
Commercial Use - TBD
Existing Gym Area
Housing
4 units
Garage
Roof
Parking Areas
Commercial
Residential
Colliers International | Minneapolis-St. Paul | 900 2nd Avenue S Suite 1575, Minneapolis, MN 55402
Dan Altstatt
952 837 3049
dan.altstatt@colliers.com
colliers.com/msp02/26/2018
SECOND FLOOR PLAN
1/16" = 1'-0"
Housing - 4 Units
Open to Below
Second Floor Concept Plan
Garage
Roof
Parking Areas
Commercial
Residential
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
September 18, 2018
SPECIAL MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:43 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner
Absent: Councilmember Polehna
Staff present: City Administrator McCarty
Finance Director Harrison
Assistant Finance Director Egger
Fire Chief Glaser
Deputy Fire Chief Ballis
Police Chief Gannaway
Community Development Director Turnblad
Public Works Director Sanders
MIS Manager Holman
Library Director Troendle
City Clerk Ward
OTHER BUSINESS
Budget Workshop
City Administrator McCarty updated the Council on the proposed budget.
Finance Director Harrison reviewed the tax impacts. She stated the proposed tax rate has increased
from 54.375 to 54.591%.
Mr. McCarty reviewed risk areas (developing areas of the budget). He stated the proposed budget
as presented includes the City match required if the Council accepts the federal SAFER grant.
The budget was adjusted, reducing the allocations for the lobbyist and the public works
organizational review, and postponing the ADA study of the whole city. In addition, Fire
Department staff are modifying some line items to make up the difference. Mr. McCarty
recommended that the Council accept the grant with the following caveats: when recruiting for
the three additional positions, it be noted that they are three year positions that may not be
extended; that within the positions there be some deliverables related to measurable outcomes;
that within the three-year timeframe an effort be made to look at combining service delivery with
other departments.
Mayor Kozlowski asked if the City is at risk of losing funding for the ADA study if postponed;
and Mr. McCarty replied there is no funding yet; staff intends to try to find grants to fund the
study.
Fire Chief Glaser handed out materials regarding the Fire Department services and staffing levels.
Councilmember Weidner asked what will be the City’s annual cost for the three firefighters after
the grant ends.
City Council Meeting September 18, 2018
Page 2 of 15
Councilmember Junker stated it appears to average out to about $76,000 a year per firefighter.
Assistant Finance Director Egger responded that it would cost $328,000 to keep them on past
three years.
Finance Director Harrison added this is based on the current contract with 2.5% COLA.
Chief Glaser pointed out that within 10 years there could be 80% turnover in the full time staff
based on age and retirement. Addressing questions that came up in the September 4 meeting, he
stated 85% of all call volume occurs within the City of Stillwater. In 2018 to date there have been
222 simultaneous calls - multiple calls occurring at the same time. Of those, 114 were EMS
related, 108 were fire/rescue or other. The 2018 call ratio to date is 63% EMS and 37% fire/rescue.
Regarding sharing services, he has spoken with the chiefs of Lake Elmo, Lower St. Croix Valley,
and Mahtomedi. All are short and unable to keep positions filled. Stillwater’s authorized strength
has been 41 but the Department has not seen that strength since 2007. Currently staff is at 33. The
three person on-duty crew may be down to two if someone is on vacation or sick. He added that
it is very difficult to get personnel to stay long enough to get them trained to the level of an
apparatus operator. The Department has tried dual toning for calls, priority dispatching, increased
volunteer pay, decreased the response requirements, provided additional opportunities for staff to
earn service credit, modified the training program, and amended the City personnel policy in 2013
so other full time City staff could be on the department.
Deputy Fire Chief Ballis added that recruiting and retaining fire personnel is a nationwide
problem. The training requirements to be a firefighter, whether volunteer or career, are the same
and the requirements continue to increase.
Mayor Kozlowski asked if the same amount of training is required to do EMS services. He
suggested not requiring fire training for personnel to provide EMS only; and Deputy Chief Ballis
replied that EMS training is the smallest component of the training, three hours a quarter versus
roughly six hours a month for firefighter training.
Chief Glaser noted that call volumes are increasing on the EMS side and Lakeview Hospital is
busy. There have been incidents where the personnel of the Fire Department has waited 30
minutes for an ambulance.
Mayor Kozlowski questioned why firefighters need to respond to cardiac calls. If the EMS part
of the equation were removed, it could free up dollars to allow the Department to hire more
firefighters; and Deputy Chief Ballis responded that with three full time personnel on the shift
and a duty chief who may be 5-10 minutes out, that means the three responders must work on
their own until the fourth person, required for cardiac calls, arrives.
Councilmember Weidner stated the caveats for accepting the grant do not change anything. He
feels so far he has not been shown any proof that the Department cannot function without that
fourth firefighter.
Administrator McCarty pointed out there are other options available to help offset the cost, for
instance looking at fee-for-service models.
Mayor Kozlowski stated over the last two weeks he has been doing a lot of reading about how
other departments handle staffing. For instance, one department charged $200 per run. If the
Department had 1,200 medical calls at $200 per run that would be $240,000 revenue.
City Council Meeting September 18, 2018
Page 3 of 15
Chief Glaser stated it is legal in Minnesota to enact an ordinance to charge per call. However the
Department would have to bill everybody, not just people who have insurance. He stated there
has been past discussion about fees and there was not necessarily the will to move forward.
Councilmember Weidner expressed concern that people would not call 911 if a fee-for-service
were implemented. He also questioned whether the Council would have the will to eliminate the
three positions after three years. He feels the grant comes at too much expense to the City.
Councilmember Junker acknowledged it is a fabulous grant, but it is also $300,000 of the City’s
own money. He could vote to eliminate the positions in three years if he is on the Council.
Mayor Kozlowski stated the additional positions are not sustainable under the current model. He
would like to see the Department put in some creative effort in looking at new models. He does
not like the idea of charging for service because he does not want anyone hesitant to call 911.
Administrator McCarty reminded the Council that the contracts with other communities are up
toward the end of 2019, so staff will be looking at those.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to decline the SAFER
Grant.
Ayes: Councilmembers Menikheim, Junker and Weidner
Nays: Mayor Kozlowski
Mr. McCarty provided background information on the Washington County plan to restructure the
IT services it provides to the library and the fees it would charge for those services.
Library Director Troendle compared Stillwater versus Washington County IT proposals. If all IT
services are taken over by the County, the library would have to reconstitute all the services it
now shares with the City, including financial software, security cameras, and the HVAC control
system. He stated the more cost effective model is for the City to take over all IT services for the
library. The amount of library budget increase requested for this for 2019 is $10,872. It is unclear
how long the implementation phase will take.
Mr. McCarty added that City staff believes that the capital costs to acquire equipment can be
handled within the capital budget at no additional cost to the levy in 2019. The $10,872 gap that
exists is for operating expenses. If the County is given the responsibility for all IT service at the
library, the gap gets a lot larger.
MIS Manager Holman added that in subsequent years staff would ask for an additional 10% of an
IT position to add to the 20% currently billed to the library. For now they are just reallocating the
IT portion, not adding time. Currently, Washington County maintains the public computers and
the City maintains the staff computers. If Washington County takes over everything, that would
break the connection between the library and the City, and on top of the cost Washington County
charges them, the library would have to find out how to pay for other things that the City is not
charging them for now.
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve $10,872
additional in the library budget and to authorize City IT staff to manage services for the library.
Ayes: Councilmembers Menikheim, Junker, Weidner, and Mayor Kozlowski
Nays: None
Mayor Kozlowski recessed the meeting at 6:45 p.m.
City Council Meeting September 18, 2018
Page 4 of 15
REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:17 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner
Absent: Councilmember Polehna
Staff present: City Administrator McCarty
City Attorney Land
Police Chief Gannaway
Fire Chief Glaser
Public Works Director Sanders
Finance Director Harrison
City Planner Wittman
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible approval of the September 4, 2018 regular and recessed meeting minutes
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve the minutes
of the September 4, 2018 regular and recessed meeting. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Suzi Quaderer, 304 North Third Street, asked if the City owns a sound decibel meter as specified
in the noise ordinance. Police Chief Gannaway stated yes.
OPEN FORUM
There were no public comments.
STAFF REPORTS
Fire Chief Glaser stated Fire Prevention Week is October 7-13. The Council is invited to a dinner
October 2.
Public Works Director Sanders stated the traffic lanes are open on Third Street. County Road
24/Osgood will open October 17. Due to a watermain break on Greeley Street, the road will be
closed from Churchill to Curve Crest on Thursday or Friday. Two proposals were received for the
stream bank restoration and riverwalk project and a recommendation should be presented in
October.
CONSENT AGENDA
Resolution 2018-199, directing the payment of bills
Resolution 2018-200, approval of 2% payment increase for Railroad Lease charged to St. Croix
Boat & Packet
City Council Meeting September 18, 2018
Page 5 of 15
Resolution 2018-201, a resolution amending Special Use Permit Resolution 2003‐241 for
Stillwater Mills on Main 350 Main Street N, CPC Case No. 2018‐11
Resolution 2018-202, a resolution approving the trash enclosure and maintenance agreements
for trash enclosure located adjacent to 301 S Main Street
Ordinance 1110, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning
Ordinance, by amending the Zoning Map of the City to rezone certain property within the
AP – Agricultural Preservation District by adding them to the RA – One Family Residential
District (Lot 7, Block 2, Neal Meadows) (Livermore Plat)
Ordinance 1111, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning
Ordinance, by amending the Zoning Map of the City to rezone certain property within the
AP – Agricultural Preservation District by adding them to the RA – One Family Residential
District (Lot 5, Block 2, Neal Meadows) (Ross Plat)
Ordinance 1112, an ordinance amending the Stillwater City Code Sec. 31‐521, Slope
Regulations
Possible approval of temporary liquor license – Zephyr Theatre – River Market’s Annual
Meeting - October 6, 2018
Possible approval of temporary liquor license – Zephyr Theatre – The Zephyr Theatre
Masquerade Ball – October 13, 2018
Possible approval of temporary liquor license – Zephyr Theatre – Haunted History Trolley
Tours – October 18‐20, 2018
Possible approval of temporary liquor license – Zephyr Theatre – Haunted History Trolley
Tours – October 25‐27, 2018
Possible approval of temporary liquor license – Valley Chamber Chorale Christmas Concerts –
Washington County Historic Courthouse – December 7, 8, 9, 2018
Councilmember Weidner requested that the possible approvals of temporary liquor licenses for
the Zephyr Theatre be pulled from the Consent Agenda for discussion. He noted there are four
events within a short period of time and some are for three days at a time. He questioned at what
point the Theatre will apply for a permanent liquor license.
City Clerk Ward responded that temporary liquor licenses are authorized for nonprofits and they
may have up to 12 per location. She has talked to Ms. Hall of the Zephyr Theatre about the need
to apply for a permanent liquor license.
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt the Consent
Agenda.
Ayes: Councilmembers Menikheim, Junker, and Mayor Kozlowski
Nays: Councilmember Weidner
PUBLIC HEARINGS
Case No. 2018‐50. An appeal request by Mark Troendle, applicant representing Stillwater Public
Library, for the reconsideration of a condition in their Special Use Permit that restricts the number of
outside events to 30. The property is located at 223 4th Street North in the PA district.
City Planner Wittman reviewed the request. The Council recently approved an ordinance
amendment to allow outside events by Special Use Permit in the PA, Public
Administration/Institutional Zoning District. Subsequently the Library applied for a Special Use
Permit and was granted it by the Planning Commission. One of the conditions of approval limited
City Council Meeting September 18, 2018
Page 6 of 15
the number of outside events to 30 in a year. The Library Board of Trustees believes the condition
is unnecessary and has submitted an appeal request to the City Council to strike it. There is
opposition from the neighbors. Included in the Council packet are comments from Suzi Quaderer
suggesting limiting it to 25 events with amplified sound after 8 pm. and also suggesting a limit of
150 guests on the site.
Mayor Kozlowski opened the public hearing.
Mike Keliher, President of the Library Board of Trustees, introduced Maureen Bell, Vice
President of the Board, Library Director Mark Troendle, and Library Event Coordinator Sandy
Ellis. Mr. Keliher stated that the Library Board wishes to appeal Condition #9 because it presents
an undue burden. He stated that outdoor events provide an opportunity to raise crucial revenue
for library services. The library has put a lot of effort into rebuilding relationships with neighbors
and overhauled event procedures. They have 44 rentals on the books in 2018. 41 of them had or
will have some sort of amplified sound, which may be as simple as reading vows into a
microphone. 27 of the events are wedding receptions, 11 are wedding ceremonies only (no
reception), and six are other events. This does not include the library’s own programming on the
terrace. He emphasized that the library benefits from outdoor events and the community benefits
also.
Ms. Ellis added that there are 19 events booked for 2019 and six in consideration.
Kelly McCabe, 304 North Third Street, stated she supports the conditions Ms. Quaderer
suggested.
Suzi Quaderer, 304 North Third Street, offered to provide supporting documentation for budget
information and audio recordings for quotes she was about to cite. She stated that in 2005 the City
Council approved a new use for the library without considering how it would affect the
neighborhood. She asked that the Council: 1) impose a limit of 25 outdoor events with amplified
sound or music after 8 p.m. for 2019; 2) review the terms of the SUP in one year, as the Planning
Commission decided; 3) set a maximum attendance of 150 people for events, as the library only
has about 50 parking spaces. She feels the parking concerns surrounding a previous event
application by the Swedish Church also apply for this location; 4) incorporate into the SUP a
requirement that the Event Coordinator, with support of Police, continue to respond to reasonable
requests. Ms. Quaderer went on to review library budget figures. She stated there has been a 54%
increase in their budget in 15 years, not 16% as stated by the library. She feels it is time to have
the entire community support the expansion they wanted through property taxes and donations,
and not ask the neighborhood to keep paying the price.
Jane Paskvan, 314 Fourth Street North, pointed out that the people who moved to this
neighborhood to be near a library did not know they were moving next to an event center. Since
the Board has gotten involved things have gotten steadily better. Sandy Ellis, the Event
Coordinator, is fabulous but what if Sandy leaves? Most event guests are coming in from out of
town, having a lot of fun and making a lot of noise. She supports the restrictions proposed by Ms.
Quaderer.
Tom Huninghake, 209 North Third Street, stated he hears wedding receptions, birthday parties,
graduation parties, amplified and non-amplified, every weekend two to three times. He does not
know how this can go on in a residential neighborhood. It is very annoying and makes his house
basically unlivable.
City Council Meeting September 18, 2018
Page 7 of 15
Tim Paskvan, 314 North Fourth Street, acknowledged he is a big user and supporter of the library.
He wants it to stay afloat and pay for its renovation but also wants to be able to enjoy his
neighborhood in reasonable peace and quiet. The injury to the peace and quiet has been going on
for 12 years. He urged the Council to adopt Ms. Quaderer’s proposed limitations.
Ed Otis, 12070 87th Street Circle North, commented that he does not like to see people driven
from their homes. He feels the library is losing its mission as a library and becoming a convention
center with parking issues and police calls.
Mayor Kozlowski closed the public hearing. He asked City Planner Wittman to explain the
rationale behind the 30 event limit.
Ms. Wittman replied that the Planning Commission acknowledged the events were impacting the
neighborhood and felt one way to reduce that was to limit the number of events.
Mayor Kozlowski stated that, if limited to 30 events (as stated), he does not think that should
include a PA system for officiants conducting a wedding ceremony.
Ms. Wittman stated the Council may want to expand on that point for greater clarification.
Councilmember Weidner reflected that if it does not pertain to an amplified officiant and if there
are 11 ceremonies only that likely would not go past 8 p.m., and 27 receptions, that sounds like it
almost falls in line with the proposed limitations.
Councilmember Junker pointed out the library expansion was designed to host events. He
acknowledged that communication has improved and he understands the Planning Commission
setting the benchmark at 30, but feels it is a bit restrictive. He added that event revenue
supplements the income, but does not entirely fund the library. The taxpayers are still paying for
a majority of the library’s budget. He would agree to 30 as a minimum but is open to a higher
number of events.
Mayor Kozlowski suggested setting the limit at 30 events “after 8 p.m.”
Councilmember Menikheim expressed concern about interfering with the Library Board and how
they operate the library. There have been a lot of changes over the years in terms of relationships
and collaboration and working together, but at the same time the library is responsible for paying
off the obligations of the $5 million bond that was passed back in 2005. Finding the funds to do
that requires the library to use every effort it can to provide a revenue stream. Events are a
significant portion of revenues. He would prefer passing the issue on to the Library Board rather
than the Council setting a limit. The library is working at becoming a destination. If the
atmosphere is intolerable, he stated neighbors have a choice to move somewhere else. The library
has been there for over 100 years; the residential area built up around it. He would like to ask the
Library Board to continue to collaborate with the neighborhood.
Councilmember Weidner agreed that the Council should not concern itself with daily operations
of the library but the issue steps into the Council purview when it conflicts with the neighbors.
He does not want to stifle all activity but it should be limited after 8 p.m.
City Attorney Land stated that once a conditional use permit is granted it runs with the land. There
can be a condition that staff will review it on a regular basis, but technically it cannot come back
before the Council unless a term or condition is being violated and then it would have to be given
proper notice.
City Council Meeting September 18, 2018
Page 8 of 15
Councilmember Weidner commented that 30 events a year is a lot to put on a neighborhood. He
does not want to limit the number of people as suggested. He would be more comfortable with 25
events after 8 p.m. with amplified sound.
Mayor Kozlowski suggested the Council could be restrictive in 2019, and maybe less restrictive
for next year.
Library Director Troendle stated he asked Community Development Director Turnblad for
clarification about the meaning of amplification and he stated this first year, in order to err on the
side of caution, it would mean anything with a microphone.
Councilmember Weidner remarked he would like to make it clearer that an officiant with a mic
who faces a crowd so they can hear wedding vows does not constitute amplification.
Ms. Wittman acknowledged there is wordsmithing to be done.
Motion by Councilmember Weidner, seconded by Councilmember Junker, to amend SUP Condition
#9 to state that the library shall host no more than 25 outdoor events that occur after 8 p.m. that include
music with amplified sound (i.e. DJ, musicians, performers). This does not include speakers or
officiants who use a microphone.
Ayes: Councilmembers Junker, Weidner and Mayor Kozlowski
Nays: Councilmember Menikheim
A public hearing to consider a moratorium on subdividing property in the Minar Neighborhood.
Properties affected by the moratorium are located on Minar Avenue North, Minar Lane North, 77th
Street North, and 77th Street Court North.
City Planner Wittman explained that on August 21, the Council considered various development
options for the Minar Avenue Neighborhood and decided to prohibit subdivision of lots for new
home sites, which was the scenario favored by a majority of the homeowners in the neighborhood.
She explained the four major tasks that will need to be completed: 1) place a moratorium on lot
splits; 2) develop an ordinance creating a new zoning district; 3) amend the Comprehensive Plan’s
future land use map; and 4) rezone the neighborhood. Ms. Wittman further stated that Jeff and
Patti Pratt, 7960 Minar Avenue, have submitted a request to exempt their property from the
moratorium so they can subdivide their property at urban density, and Stephen and Kathleen
Nelson, 7770 Minar Lane North, applied for a lot split request for their property. She presented a
possible schedule for the tasks. Staff requests Council to hold the first reading of the moratorium
ordinance and decide whether to include the Pratt and Nelson property.
Mayor Kozlowski opened the public hearing.
Stephen Nelson, 7770 Minar Lane North, stated he filed for a lot split on Friday which was the
deadline to get in before the moratorium discussion began. He has no intention to put a house on
the property now but wants to preserve that ability in the near future.
Jeff Pratt, 7960 Minar Avenue, stated he submitted an application for exemption from the
moratorium if adopted. He appreciates the desire of 75% of the neighborhood’s desire to leave
the neighborhood as is, but he did not get the chance to vote on Boutwell Farm.
Ed Otis, 12070 87th Street Circle North, stated he thought the City was going to do a feasibility
study before considering this moratorium. He asked if the City has overlaid the whole area with
all the setbacks and buffers and set a maximum count for each property as to the max number of
lots that could be put in there. He also questioned whether sewer and water would be oversized.
City Council Meeting September 18, 2018
Page 9 of 15
He asked if all property owners were notified that they could apply for an exemption. He asked
how the tax structure for the whole area will be impacted if zoning is changed from AP. He
reminded the Council that the City was not obligated to bring sewer and water into those areas
when they were annexed. This was a protection so it would not be mandatory that township hook
up. He feels the moratorium is the best way to figure this out because the neighborhood is worth
preserving.
City Planner Wittman answered that Community Development Director Turnblad reached out to
neighborhood residents via email but she does not know if he mentioned exemptions.
Terry Lobeck, 7789 Minar Avenue North, pointed out that being annexed was not the residents’
choice. He thought there was a plan that stated it would cost $30,000/acre to bring in City services.
The moratorium is probably a good idea but he does not want the Council to change the rules for
anybody. If somebody gets an exemption then everyone would want to opt out to preserve the
ability to subdivide in the future.
Mayor Kozlowski closed the public hearing.
Mayor Kozlowski remarked he kept hearing about “keeping the status quo” which he thought was
the ability to do lot splits. He asked how that changed to excluding all development in this area;
and Ms. Wittman replied that she is not exactly certain. The options included one of the City
bearing full cost which was a burden. Another option was to extend services to properties as they
develop. Generally, lot splits would lead to increased density. The question of whether the City
would be able to permit new wells and new septic systems in these areas is part of the challenge
as well. Having a moratorium in place would allow the City to explore what that zoning district
needs to look like in the future.
Councilmember Junker recalled that the Council used the term status quo but he does not
remembering using the word moratorium.
City Attorney Land explained that typically, moratoriums expire in one year unless an ordinance
affecting the moratorium is enacted sooner.
Ms. Wittman told the Council a second reading would be scheduled for October 2, but Mr.
Turnblad will not be present at that meeting.
Mayor Kozlowski stated he leans toward tabling it because some residents may not have been
aware they can request an exemption. He does not remember discussing an all-out halt to
development, but knows more time is needed to study the issue.
Councilmember Weidner reiterated that if property owners apply for an exemption prior to
adoption of the moratorium via second reading, their property will not be included in the
moratorium.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, approving the first
reading of a moratorium prohibiting subdivision of lots in Springcreek and Boutwell Valley Estates.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
City Council Meeting September 18, 2018
Page 10 of 15
UNFINISHED BUSINESS
Discussion on Ice Castle Event
City Administrator McCarty informed the Council that Ice Castles would like to locate in Lowell
Park this season with a larger footprint than last year. Last year nearly 100,000 people attended
the venue. Over the last couple years the park experienced damage requiring remediation due to
the size and weight of the Ice Castle. Staff concerns focused on clean-up, weight of the structure
causing damage to sidewalk areas and the underground sprinkler system. Ice Castles have always
reimbursed the City for those costs. City staff has met with Ice Castles staff and recommended
Bridgeview Park instead, due to concerns of last year. Ice Castles indicated there is potential for
that site but they prefer Lowell Park. Staff recommends nine conditions of approval if the Council
agrees to permit the structure to operate in Lowell Park as requested.
Amanda Roseth, Ice Castles Events Director, introduced Ryan Davis, one of the owners and
founders of Ice Castles.
Mr. Davis told the Council that the damages to the park the first year were about $15,000, but
depending on contractors, estimates for the work were $10-50,000. So to look at the $35,000
damages last year and say this is getting worse is not true. The variable was timing, not an
increased scope of damage. Last year they used 16 million gallons of water; usually around 12
million gallons are used. They are initiating water management policies because they pay the bill
for the water. The SEH report assumed they froze all the water and put 133 million pounds of ice
in Lowell Park, generating a load of 3,600 pounds per square foot. However, one cubic foot of
water or ice weighs 62 pounds. To generate a 3,600 pound load, the structure would have to be
59 1/2 feet tall, of solid ice. He stated they freeze only 5-10% of the water used because they have
to leave the water running so the lines do not freeze. The tallest wall is about 15 feet, which has a
load of under 600 pounds per square foot, or one-sixth of what the engineer based his math and
his recommendations on. In reality the total load is 1.5-2.2 million pounds. The ice castle is about
70% ice.
Mr. Davis went on to state that this event on the slowest day draws 200 people, on the busiest
day, 5,000 people. On average it brings 1,500 people into town, bringing an estimated $2.5 million
direct spending into Stillwater, conservatively. Regarding clean-up, he acknowledged they could
have done a better job. In April it snowed and then suddenly it flooded so they had to get a boat
to clean up the east side of the Ice Castle. He added that there are a couple of staff
recommendations that they cannot support. They cannot narrow the structure by 30 feet, and they
cannot keep Sam Bloomer totally open. Regarding Bridgeview Park, there’s no lighting there, the
water connection is too far away and there is not anywhere to turn around a shuttle, which would
be needed to resolve parking concerns. They feel they could solve these problems over time but
not in time for this season. As a compromise, they could use the same footprint for one more year
in Lowell Park.
Mayor Kozlowski stated the concern about the footprint was because of underground utilities. He
asked Public Works Director Sanders about the surcharge mentioned in the engineer’s report. He
is concerned that nothing be done to jeopardize the levee wall.
Mr. Sanders responded that the engineers stated the upper wall just north of the lift bridge has a
shallow foundation, not the same type of foundation or footings that they did for the levee wall,
so they are concerned about the load being close to that wall. They are also concerned about what
the load would do to the foundation and structure of the gazebo. There also are storm sewers in
City Council Meeting September 18, 2018
Page 11 of 15
Lowell Park to protect. The storm sewers can be televised to determine condition before and after
if Ice Castles is willing to cover any damages, but he still thinks the structure should stay a certain
distance away from them. Using 400-600 pounds per square foot, he can ask the SEH engineer
what his thoughts are.
Mr. Davis pointed out they are mobilizing and hiring now so they need to finalize the location or
otherwise they cannot be in Minnesota this winter.
Councilmember Weidner asked what happens if the levee wall is damaged by building again close
to the levee wall or the wall near Sam Bloomer; and Mr. Davis replied if it’s under their permit
and they build there, Ice Castles would be responsible.
Councilmember Weidner stated he would prefer the venue be downtown rather than Bridgeview
Park.
Councilmember Junker stated he would love to have the attraction back in Stillwater and would
like the footprint to be no bigger than last year to address the concerns.
Mayor Kozlowski commented if the structure can be made bigger without impacting critical
infrastructure, he has no problem with it. He does not want to do irreversible damage to the park
or the levee and he does not want to still have the Ice Castle there in June.
Councilmember Junker pointed out that even though the attraction brings a lot of visitors and is
great for downtown businesses, having Lowell Park basically shut down in that area from October
15 to almost Memorial Day is a detriment especially with poor clean-up.
Mr. Davis stated knowing that they now have permission to put clean ice into the river will help
with clean-up. They run electrical lines straight through the walls so they cannot just chop up the
walls and throw them into the river, but they can take out large portions of ice at once. They
figured that out too late for last year. They can put 2/3 of the ice in the river and be extremely
confident that they are not polluting anything.
Robert Benson, Manager of the Water Department, recognized the value of the Ice Castle to
downtown, but stated that water conservation must be considered. He shared the Water
Department’s concern that water conservation has not been mentioned, despite an agreement as
part of the City’s long term water supply plan to reduce consumption by 10%. He also noted that
the Water Department is currently challenging a court order to establish a watering ban based on
the level of White Bear Lake. He stated the Water Board’s recommendations for the Council are
to cap usage at 11,000 gallons for 2018-2019 Ice Castle, and to require the Ice Castles to find
another source other than groundwater for future years, perhaps treated river water or water from
an artesian well that flows into the storm sewer on Third Street.
Mr. Davis stated they can set their water usage around 11 million gallons and use a regulator to
control the flow.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to approve the use of
Lowell Park for the Ice Castle for the 2018-2019 season, with conditions recommended by staff.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
City Administrator McCarty stated staff will work with the Ice Castles to develop precise
language for the agreement and bring it back for final approval.
City Council Meeting September 18, 2018
Page 12 of 15
NEW BUSINESS
Possible approval of first reading of ordinance amending various chapters of the City Code and
possible adoption of resolution amending Resolution 92‐249, Establishing Downtown Parking
Commission and Bylaws
City Clerk Ward stated that as a result of the update to Chapter 22, an ordinance is needed to
remove some items out of specific chapters because they are addressed in Chapter 22.
Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve first
reading of an ordinance amending the Stillwater City Code and directing staff to prepare a final
reading for October 2; to adopt Resolution 2018-204, resolution rescinding resolutions 2017-096,
2009-95, 2008-36 and amending resolution 92-249 Establishing Downtown Parking Commission and
Bylaws.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment
roll and calling for hearing for 2018 Street Improvement Project (Project 2018‐02)
Public Works Director Sanders reported that the 2018 Street Improvement Project is scheduled to
be completed by the end of October. The overall cost is $2.3 million. Staff recommends that the
Council declare costs, authorize the preparation of the assessment roll, and call for a hearing.
Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2018-
205, resolution declaring cost to be assessed and ordering preparation of proposed assessments for
2018 Street Improvement Project (Project 2018-02); and to adopt Resolution 2018-206, resolution
calling for hearing on proposed assessment for 2018 Street Improvement Project (Project 2018-02),
L.I. #417.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment
roll and calling for hearing for Third Street South Street Improvement Project (Project 2018‐09)
Public Works Director Sanders stated that the County’s contractor is near completion of the South
Third Street project. The assessed portion of the improvements are primarily for the City's share
of the curb and gutter costs and the cost of the retaining wall and the water service for the Armory.
Staff has estimated the cost of the project and recommends that the Council declare costs,
authorize the preparation of the assessment rolls, and call for a hearing. He informed the Council
that the Armory assessment is well above $300,000 and the rest of the properties’ assessments are
around $500-$1,000. He would like to amend the resolution to separate the term to pay the
assessments, stating that assessments greater than $300,000 shall have a ten year term at 4.25%
interest and assessments that are less than $300,000 shall have a five year term at 4.25% interest.
Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt Resolution 2018-
207, resolution declaring cost to be assessed and ordering preparation of proposed assessment for
Third Street South Improvement Project (Project 2018-09), with the staff-recommended amendment.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
City Council Meeting September 18, 2018
Page 13 of 15
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution
2018-208, resolution calling for hearing on proposed assessments for Third Street South Improvement
Project (Project 2018-09), L.I. #418.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
Possible adoption of three resolutions a. Adopting the proposed tax levy for the payable year 2019;
b. Adopting the proposed budget for the year 2019; c. Setting payable 2019 Truth‐in‐Taxation
meeting date
Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2018-
209, adopting the proposed Tax Levy for the payable year 2019.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution
2018-210, adopting the proposed Budget Appropriations for the year 2019.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2018-
211, setting payable 2019 Truth-In-Taxation public meeting.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
Councilmember Weidner noted this is retiring Finance Director Harrison’s last budget. The
Council thanked Ms. Harrison for her many years of dedicated service.
Possible award of bids for Phase III City Hall Improvements
City Administrator McCarty reviewed the elements for which bids were opened. The total bid
amount exceeded the budgeted dollars. The construction management firm and staff recommend
awarding the low bid within the budget and deleting items from the contract to bring it within the
budgeted amount. Staff requests the Council approve a resolution awarding the low bid, with final
contracts to be negotiated within the budgeted amount.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution
2018-212, Accepting bids and awarding contract for Phase 3 of City Hall Remodeling Project.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
Request to waive Short Term Home Rental requirement for impervious driveway surface
City Planner Wittman reviewed the request. Linda Ergen has applied for a Type B vacation rental
for her home at 1212 William Street North. The City’s Short Term Home Rental (STHR)
ordinance requires guest parking to be located on improved parking spaces. The Ergen driveway
is improved with Class 5 rock. Ms. Ergen is requesting a waiver of the prohibition on Class 5
driveways for STHR properties. Given that the driveway is abnormally long, staff recommends
approval of the current mix of Class 5 for this specific Short Term Home Rental property.
City Council Meeting September 18, 2018
Page 14 of 15
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to waive the
prohibition on Class 5 driveways for the STHR property located at 1212 William Street North.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
COMMUNICATIONS/REQUESTS
There were no communications/requests.
COUNCIL REQUEST ITEMS
There were no Council request items.
CONVENE TO CLOSED SESSION FOR ATTORNEY-CLIENT PRIVILEGED
COMMUNICATION UNDER 13D.05 SUBD. 3(B) TO DISCUSS PENDING LITIGATION
Motion by Councilmember Weidner, seconded by Councilmember Junker, to convene to closed
session. All in favor. The meeting convened to closed session at 10:11 p.m.
RECONVENE TO OPEN SESSION
The meeting was reconvened to open session at 10:53 p.m..
ADJOURNMENT
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adjourn the
meeting at 10:54 p.m.. All in favor.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2018‐199, Directing the Payment of Bills
Resolution 2018‐200, approval of 2% payment increase for Railroad Lease charged to St. Croix
Boat & Packet
Resolution 2018‐201, a resolution amending Special Use Permit Resolution 2003‐241 for
Stillwater Mills on Main (350 Main Street N, CPC Case No. 2018‐11)
Resolution 2018‐202, a resolution approving the trash enclosure and maintenance agreements for
trash enclosure located adjacent to 301 S. Main Street
Resolution 2018-203, NOT USED
Resolution 2018-204, resolution rescinding resolutions 2017-096, 2009-095, 2008-36 and
amending resolution 92-249 establishing Downtown Parking Commission and Bylaws
Resolution 2018-205, resolution declaring cost to be assessed and ordering preparation of
proposed assessment for 2018 Street Improvement Project (Project 2018-02)
City Council Meeting September 18, 2018
Page 15 of 15
Resolution 2018-206, resolution calling for hearing on proposed assessment for 2018 Street
Improvement Project (Project 2018-02), L.I. #417
Resolution 2018-207, resolution declaring cost to be assessed and ordering preparation of
proposed assessment for Third Street South Improvement Project, Project 2018-09
Resolution 2018-208, resolution calling for hearing on proposed assessment for Third Street
South Improvement Project, Project 2018-09, L.I. #418
Resolution 2018-209, adopting the proposed Tax Levy for the payable year 2019
Resolution 2018-210, adopting the proposed Budget Appropriations for the year 2019
Resolution 2018-211, setting payable 2019 Truth-In-Taxation public meeting
Resolution 2018-212, Accepting bids and awarding contract for Phase 3 of City Hall Remodeling
Project
Ordinance 1110, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning
Ordinance, by amending the Zoning Map of the City to rezone certain property within the AP
– Agricultural Preservation District by adding them to the RA – One Family Residential
District (Lot 7, Block 2, Neal Meadows) (Livermore Plat)
Ordinance 1111, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning
Ordinance, by amending the Zoning Map of the City to rezone certain property within the AP
– Agricultural Preservation District by adding them to the RA – One Family Residential
District (Lot 5, Block 2, Neal Meadows) (Ross Plat)
Ordinance 1112, an ordinance amending the Stillwater City Code Sec. 31‐521, Slope Regulations
Date: September 25, 2018
TO: Mayor and Council
FROM: Wally Milbrandt, Chair
Charter Commission
SUBJECT: Amendments to Charter
Reviewed By: J. Thomas McCarty, City Administrator
Korine Land, City Attorney
Diane Ward, City Clerk
The Charter Commission has reviewed and updated various provisions of the Charter that needed
to reflect current practice as well as some other small updates. A redlined version is attached.
A Charter may be changed by Ordinance if the Ordinance is adopted by unanimous vote of the City
Council. In the alternative a Charter ma y be changed by a vote of the people at a regular or special
election called for that purpose.
The Charter Amendment requires a public hearing.
Members of the Charter Commission will be in attendance to answer any questions by the City
Council.
RECOMMENDATION:
The Charter Commission recommends the approval of the proposed ordinance.
ACTION REQUIRED:
If Council wishes to proceed with the Charter Commission’s recommendation, they should pass a
motion approving the first reading of the propopsed ordinance and set the public hearing for the
2nd reading for October 16, 2018
ORDINANCE _________
AN ORDINANCE AMENDING THE CHARTER
OF THE CITY OF STILLWATER
The City Council of the City of Stillwater does ordain:
1. AMENDING. Article VIII. Police Department, upon the effective date of this amendment, is
amended to read as follows:
8.01. Charge.
The Police Department of the City shall be in charge, and under the direction of the Chief of
Police, who shall be appointed by the City Council by and subject to the control of the Council
and City Administrator. The Police Chief, working with the City Administrator Council shall
designate the number of officers which may be deemed necessary for the complete
management of the Police Department. Council shall approve their compensation.and shall
fix their compensation.
8.02. Rank and duties.
The Chief of Police shall select, subject to the approval of a majority of the Councilof the City
Administrator, all officers connected with the Police Department, and shall define their
respective ranks and duties; and the Chief may recommend to the City Administrator to
discharge any such officers whenever it is deemed necessary for the interest of the
department, subject to restrictions of any binding labor contract and provisions of this
Charter.
8.03. Powers of Police.
The Chief of Police and all regular or temporary police officers shall have the power to enforce
laws of the United States of America, State of Minnesota, County of Washington, and City of
Stillwater.
8.04. Regulations.
The Council may, from time to time, make such regulations for the control of the police force,
and the duties of the several officers thereof as may be deemed necessary.
2. AMENDING. Article IX. Fire Department, upon the effective date of this amendment, is amended
to read as follows:
9.01. Charge.
The Fire Department of the City shall be in charge, and under the direction of the Chief of the
Department, who shall be appointed by the City Council and subject to the control of the
Council and City Administrator. The Fire Chief, working with the City Administrator shall
designate the number of officers which may be deemed necessary for the complete
management of the Fire Department. Council shall approve their compensation. and shall fix
their compensation.
9.02. Rank and duties.
The Chief of the Fire Department shall select,subject to the approval of a majority of the
Council, subject to the approval of the City Administrator, all officers connected with the Fire
Department, and shall define the respective ranks and duties; and the Chief may recommend
to the City Administrator to discharge any officer whenever he it is deemeds it necessary for
the interest of the department, subject to any restrictions of a binding labor contract and
provisions of this Charter.
9.03. Rules and regulations.
The Fire Chief Council shall have the power and authority to make or modify any necessary
rules for the government of the Fire Department, and for the protection and use of all
property and apparatus pertaining thereto. The Council Fire Chief may recommend provide
for the punishment of persons injuring or interfering with such property, and may also make
provisions to keep away from the vicinity of any fire, all or any persons, and to compel
bystanders to aid in the preservation of property exposed to danger by such fire.
3. AMENDING: Article 13.12, Water Board – Annual Statements, upon the effective date of this
amendment, is amended to read as follows:
The Board shall cause its books and accounts to be kept and maintained in accordance
with sound practice and the law. In addition to the annual report required by law, the
Board, and shall prepare and deliver to the Council the statements as required or
requested.of its financial condition.
4. AMENDING. Article 14.04, Library Board – Annual Statements, upon the effective date of this
amendment, is amended to read as follows:
In addition to the annual report required by law, the Board shall,upon request of the
Council prepare and deliver to the Council statements of its financial condition.
5. AMENDING. Article 15.08, Appointment to and removal from all other Boards and Commissions,
upon the effective date of this amendment, is amended to read as follows:
a. Except for the Charter Commission or where the method of appointment is
controlled by State law, appointment to Boards and Commissions must be made
by majority vote of the Council, however, removal must be by [a] 4/5th vote of the
Council.
6. ENACTMENT. That the Stillwater, Minnesota City Code is hereby amended by adding a section
to be numbered 15.08 b, which section reads as follows:
b. Attendance for all Boards and Commissions. Except for the Charter Commission
where the method of removal is controlled by State law, In in the event that a
Board or Commission member misses three (3) consecutive meetings, or 1/4 of
the meetings in any onea twelve (12) month period, the Chair shall give the person
30-days’ written notice regarding his/her absenteeism. If no response is received,
the commission Board or Commission may request that the City Council to replace
that the member.
7. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect.
8. EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication
according to law.”
Approved this ____________day of __________________, 2018.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
Publish: Stillwater Gazette – ______________________
CHARTER COMMISSION MINUTES
September 17, 2018
REGULAR MEETING 7:00 P.M.
Chairman Milbrandt called the meeting to order at 7:00 p.m.
Present: Chairman Wally Milbrandt, Commissioners Orwin Carter, Jeff Johnson, Dick
Juelich, Jon North, Zack Sullivan, Brendan Wright and Terry Zoller (arrived at
7:03 p.m.)
Absent: Commissioner David Ratte
APPROVAL OF MINUTES
Possible approval of the April 16, 2018 regular meeting minutes
Motion by Commissioner Juelich, seconded by Commissioner Carter, to approve the minutes of
the April 16, 2018 regular meeting. All in favor.
NEW BUSINESS
Introduce new member Brendan Wright
Chairman Milbrandt welcomed Commissioner Wright. Mr. Wright provided a brief bio.
Review previous approved amendments
Chairman Milbrandt explained that since April when the Commission voted to recommend
five Charter amendments, he has met with each Councilmember and the Mayor to explain the
amendments, along with two additional amendments. The Mayor and Council were unanimous
in their support for all the amendments. The two additional amendments are proposed because
the current Charter indicates the Fire and Police Chiefs report to the Council only. However in
practice, the Chiefs report to the City Administrator as well. The Charter should reflect current
practice. The new City Attorney has reviewed and approved the changes. The first reading of
all the proposed amendments is scheduled before the Council October 2, with a second reading
set for October 16. Mr. Milbrandt added that he also has met with the heads of the Water Board
and Library Board who support the proposed amendments involving those boards.
Motion by Commissioner Johnson, seconded by Commissioner Sullivan, to recommend that 8.01
and 9.01 be amended to add “City Administrator.” All in favor.
OTHER BUSINESS
Minutes
Commissioner Johnson requested that Commissioners’ first names be included in the minutes
to help new members.
Charter Commission Meeting September 17, 2018
Page 2 of 2
ADJOURNMENT
Motion by Commissioner Carter, seconded by Commissioner Juelich, to adjourn. All in favor. The
meeting was adjourned at 7:12 p.m.
Respectfully submitted,
Julie Kink
Recording Secretary
EXHIBIT "A" TO RESOLUTION #2018-213
LIST OF BILLS
Abbott Paint
Abrahamson Nurseries
Advance Auto Parts
Advanced Graphix Inc.
Aspen Equipment Company
Aspen Mills
AutoZone
BHE Community Solar
Bolton and Menk Inc.
Bryan Rock Products Inc.
CalAtlantic Homes
Century College
Century Power Equipment
Cintas Corporation
Comcast
Computer Integration Technologies
Coverall of the Twin Cities
Custom Fire Apparatus
Daleo
Dalton Don J
ECM Publishers
Emergency Apparatus Maintenance
Emergency Response Solutions
Environmental Equipment & Services
FleetPride
Fraley Thomas
Fury
Galls LLC
Granicus Inc
Hadrits Angie
Hardrives Inc.
Integrity Land Development Inc
ISQFT Inc
Jefferson Fire and Safety Inc.
Lake Elmo Oil Inc
Lakeview Hospital
Lano Equipment
League of MN Cities Ins Tr
Lennar of Minnesota
Loffler Companies
Mansfield Oil Company
Marshall Electric Company
Menards
Mino Amy
Moodys
Stain
Mums
Equipment repair supplies
Graphics
Equipment repair supplies
Uniforms & Name tags
Auto supplies
Solar Garden
Lift Station Evaluation
Rip rap
Grading Escrow Refunds
Training -Richardson
Equipment repair supplies
Mat & uniform cleaning service
Internet
Professional services
Commercial cleaning services
Automotive Equipment
Janitorial supplies
Hydroseed
Publications
Vehicle repair charges
Control module
GB Torque Motor
Equipment repair supplies
Torx screwdriver set
Vehicle service
Uniforms
Qtrly web streaming service
Reimburse for mileage to conference
2018 Street Project
Neal Ave road & right of way construction
Refund overpayment
Hydrogen Chloride
Fuel
Blood draws
Equipment repair supplies
Claim# 62196
Grading Escrow Refund
Conference recording system
Fuel
Photo eyes and bulbs in parking lot
Supplies
Reimburse for mileage to conference
Professional services
Page 1
18.48
575.64
80.83
510.00
311.36
829.71
54.98
5,722.15
2,589.00
291.72
3,000.00
465 .00
28.05
272.56
134.90
2,566 .00
540 .00
2,614.79
815.24
2,000.00
142.50
710.00
12.86
824.00
830.54
160.99
44.96
198.98
1,118.59
116.63
472,060.80
130,434.20
5.00
187.15
71.39
50.00
68.68
1,000.00
1,500.00
776.00
5,474.93
1,266.00
146.84
116.63
15,000.00
EXHIBIT "A" TO RESOLUTION #2018-213
Oehrleins
Office Depot
O'Reilly Auto Parts
Otis Elevator Company
Performance Plus LLC
Pratt Jeffrey & Patricia
Primary Products Co.
Quill Corporation
River Valley Printing Inc.
Robole Donna
Safe Fast Inc
Springsted
St. Croix Boat and Packet Co.
St. Croix Recreation Fun Playgrounds
Stillwater Motor Company
T.A. Schifsky and Sons
Tri-County Law Enforcement Assoc
Tri -State Pump and Controls Inc.
Verizon Wireless
VSAlnc
Walmart Community
Washington County Public Safety Radio
Washington County Sheriffs Office
Welle Scott
Wittman Abbi Jo
Woodchuck Tree Care LLC
REC CENTER
Cintas Corporation
HOR Architecture
Ice Skating Institute
Menards
Riedell Shoes Inc.
LIBRARY
Broda rt Co
Cummins NPower LLC
Master Mechanical Inc.
Menards
Mercury Electric
Office of MN IT Services
Star Tribune
Stillwater Medical Group
Toshiba Business Solutions
Field Maintenance
Office supplies
Equipment repair supplies
Elevator contract
Medical screen
Refund Tech fee
Nitrite gloves
Supplies
Case file jackets
Reimburse for mileage
Supplies
Bonds Series 2018A
Dock Space Lease & Ramp cleaning
Little Digger
Vehicle repair
Asphalt
Membership
Lift station repairs
Wireless service
Conference room tech upgrade
Supplies
800 Radio user fees
SFST/ARIDE Course-Mallet
SWWC Wellness
Reimburse for conference expenses
Tree removal
Mat cleaning service
Rec Center Dome Project
Skater Memberships
Equipment repair supplies
Skates
Materials
Supplies
Building Repairs -Water Fountain
Supplies
Ramp Incident -Building Repairs
Telephone
Materials
New Hire Drug Screening
Maintenance Contract
Page 2
9,433.75
1,297.64
38.94
823.20
1,286.00
25.00
100.35
178.06
1,135.00
45.78
636.30
24,556.09
3,476.67
1,537.60
477.24
2,053.44
75.00
1,170.00
2,023.62
8,139.69
30.78
9,101.82
30.00
250.00
350.25
1,365.00
103.00
2,977.73
1,499.50
254.45
1,071.37
5,931.89
103.14
563.35
83.37
1,306.10
138.50
461.76
249.00
135.14
EXHIBIT "A" TO RESOLUTION #2018-213
SEPTEMBER MANUALS
Comcast
Conner Glenda
Enterprise FM
Mn Dept of Labor & Industry
Postmaster
Street Smart
Verizon Wireless
Xcel Energy
Internet & voice
Temporary Easement
Lease Vehicles
Plumbing plan review fee
Utility Certification Postage
Matrix Trailer
Wireless service
Energy
Page 3
483.57
10,000.00
1,666.26
250.00
272 .05
16,414.00
630.18
4,037.23
ORDINANCE 1113
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
The City Council of the City of Stillwater, Washington County, Minnesota, does ordain:
1. Amending. Chapter 25, Sec. 25-1, Subd. 3 shall read as follows:
Subd. 3. Board/Commission administration. Administration of the Human Rights
Commission is according to Chapter 22, Sec. 22-8
2. Amending. Chapter 31, Article II. Administration and Enforcement, Sec. 31-201, Subd. 1(b)
and Subd. 1(c) shall read as follows:
1(b) Planning commission. The planning commission is established by Section 22-5
and the administration of the planning commission is according to Section 22-8.
1(c) Heritage preservation commission. The heritage preservation commission is
established by Section 22-7 and the administration of the heritage preservation
commission is according to Section 22-8.
3. Amending. Chapter 30, Sec. 30-3, Subd. 2 by adding:
8. Any person that observes a garbage and rubbish container that has been placed on
the traveled portion of a roadway is entitled to move the container to curbside.
4. Amending. Chapter 33, Sec. 33-1, Subd. 5(2) and Subd. 5(3) to read as follows:
(2) Every permit of any kind issued by the building official shall expire by limitation
and become null and void if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit or if the building or work
authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of 180 days. Before such work can be recommenced, a
new permit shall be first obtained to do so, and the fee shall be one-half of the
amount required for a new permit for such work, provided no changes have been
made or will be made in the original plans and specifications for such work; and
provided further that such suspension or abandonment has not exceeded one year.
(3) Any permittee holding an unexpired permit may apply for an extension of the time
within which he may commence work under that permit when he is unable to
commence work within the time required by this section for good and satisfactory
reasons. The building official may extend the time for action by the permittee for a
period not exceeding 180 days upon written request by the permittee showing that
circumstances beyond the control of the permittee have prevented action from being
taken. No permit shall be extended more than once.
5. Amending. Chapter 48, Article I, Sec. 48-1, Subd. 5 to read as follows:
Subd. 5. Board/Commission administration. Administration of the Parks and
Recreation Commission is according to Chapter 22, Sec. 22-8
6. Amending. Chapter 48, Article I, Sec. 48-1, Subd. 7(1) and Subd. 7(2) to read as follows:
(1) The public works superintendent is responsible for the preparation and update of all plans
regarding municipal park and recreation facilities and for the communication of the plans
to the commission. The public works superintendent must coordinate the work with the
commission and delineate activities in the work program for the commission, in order that
it may provide citizen participation in the preparation and carrying out of various recreation
and park projects.
The public works superintendent must keep the commission informed of all actions of the
city council and other city commissions relevant to the function of the commission and
with the assistance of the public works director is responsible for the training and
orientation of all new commission members.
The public works superintendent must cause to be prepared an agenda for each commission
meeting and must submit the agenda to the commission in a timely manner. The public
works superintendent shall attend meetings as may be required by the commission.
(2) The public works superintendent is responsible for the maintenance of park and recreation
facilities. The public works superintendent must cooperate with the public works director
and community development director in the development of plans for park and recreation
facilities and coordinate and administer all phases of park and recreation implementation.
The public works director and/or community development director must attend meetings
as may be required by the commission and keep the commission informed on park and
recreation facility maintenance programs and budgetary needs.
7. Deleted. Chapter 48, Article I, Sec. 48-1, Subd. 5 and Subd. 6 with Section 48-1 to be
renumbered consecutively.
8. Saving. In all other ways the Stillwater City Code shall remain in full force and effect.
9. 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 2nd October, 2018.
CITY OF STILLWATER
______________
Ted Kozlowski, Mayor
ATTEST:
______
Diane F. Ward, City Clerk
Date: September 25, 2018
TO: Mayor and Council
FROM: Diane Ward, City Clerk
SUBJECT: Issuance of New Off-sale Liquor License – The Stills
DISCUSSION:
An application for a new Off-sale liquor license for The Stills has been received from
Midnight Spirits located at 217 2nd Street N.
RECOMMENDATION:
Staff recommend approval contingent upon the satisfactory investigation, inspections,
and approvals from the Police, Fire, Building, Finance Departments, Washington County
Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division
(AGED). It should be noted that AGED approval is the last approval required before staff
issue the actual license to the establishment.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting a
resolution entitled “Approving the issuance of a New Off-sale Liquor License to Midnight
Spirits LLC, DBA The Stills”, contingent upon the satisfactory investigation, inspections, and
approvals from the Washington County Public Health and Environment Department, Police,
Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement
Division.
RESOLUTION 2018-214
APPROVING THE ISSUANCE OF A NEW OFF-SALE LIQUOR LICENSE TO
MIDNIGHT SPIRITS LLC, DBA THE STILLS
WHEREAS, an application for a new Off-sale Liquor License for The Stills has been
received from Midnight Spirits located at 217 2nd Street N.; and
WHEREAS, approval is contingent upon fulfilling all requirements to hold an On-sale and
Sunday liquor license, the satisfactory investigation, inspections, and approvals from the
Washington County Public Health and Environment Department, Police, Fire, Building,
Finance Departments, and Minnesota Alcohol & Gambling Enforcement Division.
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota,
hereby approve the issuance of a new Off-sale Liquor License to Midnight Spirits LLC, DBA:
The Stills located at 217 2nd Street N. November 1, 2018.
Adopted by Council this 2nd day of October, 2018.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 2018-215
APPROVING ASSESSMENT APPEAL WAIVER AGREEMENT FOR
BOUTWELL FARMS
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the Agreement
between Boutwell Farms, LLC, and the City of Stillwater for assessment appeal waiver, as on
file with the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED, that the Stillwater City Council authorized the Mayor and
City Clerk to sign the agreement on the City’s behalf.
Adopted by the City Council of the City of Stillwater, Minnesota this 2nd day of October, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
CITY OF STILLWATER
ASSESSMENT APPEAL WAIVER AGREEMENT FOR
BOUTWELL FARMS
THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER (“Agreement”) is
entered into and effective as of the _____ day of , 2018 (“Agreement Date”),
by and between the City of Stillwater, a Minnesota municipal corporation (“City”) and Boutwell
Farms, LLC, a Minnesota limited liability company (“Developer”).
WITNESSETH:
WHEREAS, the Developer is the fee simple owner of property legally described on Exhibit
A, attached hereto and incorporated herein, (“the Property”) that will be benefited by certain
transportation improvements (“Improvements”); and
WHEREAS, Developer will develop the Property into a development known as Boutwell
Farms (“the Development Project”); and
WHEREAS, Developer and the City have entered into a Development Agreement dated
June 19, 2018 (the “Development Agreement”) wherein Developer has agreed to certain fees being
imposed; and
WHEREAS, the Developer is willing to agree to allow the value of the Improvements to be
assessed against the portions of the Property legally described and identified on Exhibit B
(“Assessed Property”) for the Assessment Term with interest accrual at the Assessment Interest
Rate; and
WHEREAS, the Developer is willing to waive its assessment appeal rights up to the
Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes,
Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City’s
efforts to facilitate the collection of funding for the Improvements.
2
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to
the other contained in this Agreement and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto do covenant and agree as follows:
ARTICLE I
THE AGREEMENT
Section 1.01 Purpose. This Agreement is executed and delivered pursuant to the terms
and conditions of the Development Agreement and includes the waiver of assessment appeal rights
up to the Assessment Waiver Amount which constitutes a benefit pursuant to Minnesota Statutes,
Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City’s
efforts to facilitate the collection of funding for the Improvements.
Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date
and shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied
assessment).
ARTICLE II
DEFINITIONS
Section 2.01 Definitions. The following are terms used in this Agreement. Their
meanings as used in this Agreement shall be expressly indicated below, unless the context of this
Agreement requires otherwise:
(a) Agreement: This agreement to memorialize the covenants and agreements between
the Developer and the City with regard to the Property and the Improvements,
including the assessment appeal waiver provided herein pursuant to Minnesota
Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531.
(b) Agreement Date: The date written in the first paragraph of the Agreement.
(c) Assessed Property: The real property that will be assessed for the Improvements
legally described on Exhibit B.
(d) Assessment Interest Rate: The interest rate for the special assessment levied against
the property is 4.5% per year for the Assessment Term.
(e) Assessment Term: The Assessment Term shall be three (3) years after the
Assessment Waiver Amount is levied against the Property.
(f) Assessment Waiver Amount: The total charge imposed by the City for the
Improvements shall be the amount of Thirty Thousand Two Hundred Forty Eight
and 19/100ths Dollars ($30,248.19), which amount is to be assessed by the City
against the Assessed Property. Upon filing of the Final Plat, a reallocation of
3
assessment is hereby authorized to be proportionately applied to each lot
identified on Exhibit B.
(g) City: The City of Stillwater, a Minnesota municipal corporation.
(h) Developer: Boutwell Farms, LLC, a limited liability company.
(i) Improvements: Means transportation improvements that will be necessary to support
the Development Project.
(j) Property: Real property legally described on Exhibit A.
ARTICLE III
COVENANTS AND AGREEMENTS
Section 3.01 Covenants and Agreements of the Developer. The Developer covenants
and agrees with the City that:
(a) Assessment Appeal Waiver: Developer hereby authorizes the City to certify to the
Washington County Auditor/Property Tax Assessor a special assessment against the
Assessed Property up to the Assessment Waiver Amount for Improvements.
The Developer hereby waives all rights to assessment notices, hearings and appeals,
and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for
the special assessment against the Assessed Property for Improvements up to the
Assessment Waiver Amount. The Developer hereby waives any and all procedural
and substantive objections to the special assessment up to the Assessment Waiver
Amount against the Assessed Property, including, but not limited to, notice and
hearing requirements and any claim that any or all of the Assessment Waiver
Amount against the Assessed Property exceeds the benefit to the Property for the
Improvements. The Developer acknowledges and agrees that the benefit of the
Improvements to the Assessed Property will equal the Assessment Waiver Amount.
The Developer also acknowledges and agrees that the Assessed Property receives a
special benefit equal to the Assessment Waiver Amount. Furthermore, the
Developer acknowledges and agrees that the Improvements costs may not be equally
spread against all benefited property.
The City and Developer acknowledge and agree that the waiver of assessment
appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the
Assessment Waiver Amount by operation of Minn. Stat.§ 462.3531.
(b) Developer’s Covenant Not to Sue the City: Developer hereby covenants with the
City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate
the levied assessment, or for other relief from the payment of the City’s levy of a
4
special assessment up to the Assessment Waiver Amount against the Assessed
Property.
(c) Developer’s Covenant that Developer is the Property Fee Owner: Developer hereby
covenants and warrants with the City that Developer is seized in fee of the
Property and has good right to enter into this Agreement with the City.
(d) Developer Recording of this Agreement: The Developer will record this Agreement
against the Assessed Property with the Washington County Recorder and/or
Registrar of Titles.
Section 3.02 Covenants and Agreements of the City. The City covenants and agrees
with the Developer that:
(a) Assessment Waiver Amount: The City agrees that the City will certify/levy a
special assessment against the Assessed Property only up to the Assessment Waiver
Amount for the Improvements pursuant to the Development Agreement and this
Agreement, and any costs of the Improvements in excess of the Assessment Waiver
Amount shall be paid by the City without any right to seek reimbursement or
payment from the Developer and without any right to further assess the Assessed
Property, without the written consent of the Developer.
(b) Prepayment of Assessment: The City agrees that the Developer may prepay some or
all of the City’s assessment levy against the Assessed Property for the Improvements
with no penalty and only with interest accrual pursuant to Minn. Stat. § 429.061.
ARTICLE IV
DEFAULT
Section 4.01 Default. If a party to this Agreement materially defaults in the due and
timely performance of any of its covenants or agreements hereunder, the other party(s) may give
notice of default of this Agreement. The notice shall specify with particularity the default or defaults
on which the notice is based. The notice shall specify a ten (10) day cure period within which the
specified default or defaults must be cured. If the specified defaults are not cured within the cure
period, the other party(s) may pursue all remedies and sanctions available at law and in equity,
including specific performance.
Section 4.02 Attorneys’ Fees, Costs and Expenses. The Developer agrees to pay the
City the amount of the City’s assessment levy up to the Assessment Waiver Amount with accrued
interest together with the City’s attorneys’ fees, costs and expenses to defend the special assessment
levy by the City pursuant to this Agreement. The Developer acknowledges and agrees that the
Developer` would be unjustly enriched if the City’s assessment levy pursuant to this Agreement was
set aside, reduced, repealed or invalidated by a court with jurisdiction over the Assessed Property
since the Developer requested the Improvements and this assessment financing for the
Improvements. The Developer agrees that the court with jurisdiction over the Assessed Property
5
shall award the City the assessment levy up to the Assessment Waiver Amount with accrued interest
together with the City’s attorneys’ fees, costs and expenses for breach of the Developer’s covenant
not to appeal or sue the City pursuant to Article III, Section 3.01(b). Notwithstanding the foregoing,
Developer’s obligation to reimburse the City for costs and expenses, including attorney’s fees, in
any action regarding the special assessment levy shall only apply if the Developer is the plaintiff in
an action to set aside a special assessment equal to or less than the Assessment Waiver Amount.
ARTICLE V
GENERAL PROVISIONS
Section 5.01 Notices. All notices, requests, demands or other communications required
or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if
delivered personally or by registered or certified mail, return receipt accepted, postage prepaid,
addressed as follows:
If to the City: City of Stillwater
Attention: J. Thomas McCarty
216 4th Street North
Stillwater, MN 55082
If to the Developer: Boutwell Farms, LLC
Attention: Kevin Von Riedel
1341 County Road D Circle
Vadnais Heights, MN 55109
Section 5.02 Non-Assignability. Neither the City nor the Developer shall assign any
interest in this Agreement nor shall any party transfer any interest in the same without the prior
written consent of the other party.
Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants
contained herein and the transaction contemplated hereunder shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, heirs, personal representatives, and
permitted assigns. This Agreement shall further be binding on subsequent purchasers of the
Property and shall run with the Property herein described.
Section 5.04 Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 5.05 Amendments, Changes and Modifications. This Agreement may be
amended or any of its terms modified or changed only by a written amendment authorized and
executed by the City and the Developer.
6
Section 5.06 Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and shall supersede all prior oral or written negotiations.
Section 5.08 Notice To Buyers. The Developer agrees to notify and provide any buyer of
the Property or any portion thereof, with an executed copy of this Agreement if the Developer sells
any interest in the Property following the execution of this Agreement by the Developer and the
City but before the recording of this Agreement with Washington County Recorder and/or Registrar
of Titles.
[The remainder of this page was intentionally left blank.]
7
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be
executed by their duly authorized representatives.
CITY:
CITY OF STILLWATER
By:
Ted Kozlowski
Mayor
By:
Diane F. Ward
City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2018, before me a Notary Public within and for
said County, personally appeared Ted Kozlowski and Diane Ward to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and the City
Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing
instrument, and that it was signed on behalf of said municipal corporation by authority of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said municipal corporation.
Notary Public
8
DEVELOPER:
BOUTWELL FARMS, LLC
By:
Kevin Von Riedel
Vice President
STATE OF MINNESOTA )
) ss
COUNTY OF )
On this _____ day of _____________, 2018, before me a Notary Public within and for
said County, personally appeared Kevin Von Riedel to me personally known, who being by me
duly sworn, did say that he is the Vice President of Boutwell Farms, LLC, a Minnesota limited
liability company, the company named in the foregoing instrument, and that said instrument was
signed on behalf of said corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING, PLEASE RETURN TO:
Korine L. Land, #262432
LeVander, Gillen, & Miller, P.A.
633 South Concord Street, Suite 400
South St. Paul, MN 55075
(651) 451-1831
A-1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally
described as:
Lots 1-10, Boutwell Farms
PID 19.030.20.43.0029
B-1
EXHIBIT B
LEGAL DESCRIPTION OF ASSESSED PROPERTY
Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally
described as:
Lots 1-6 Boutwell Farms
Lots 8-10, Boutwell Farms
PID 19.030.20.43.0029
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 2018-216
APPROVING ASSESSMENT APPEAL WAIVER AGREEMENT FOR
NOTTINGHAM VILLAGE
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the Agreement
between McKusick Road Properties, LLC, and the City of Stillwater for assessment appeal
waiver, as on file with the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED, that the Stillwater City Council authorized the Mayor and
City Clerk to sign the agreement on the City’s behalf.
Adopted by the City Council of the City of Stillwater, Minnesota this 2nd day of October, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
CITY OF STILLWATER
ASSESSMENT APPEAL WAIVER AGREEMENT FOR
NOTTINGHAM VILLAGE
THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER (“Agreement”) is
entered into and effective as of the _____ day of , 2018 (“Agreement Date”),
by and between the City of Stillwater, a Minnesota municipal corporation (“City”) and McKusick
Road Properties, LLC, a Minnesota limited liability company (“Developer”).
WITNESSETH:
WHEREAS, the Developer is the fee simple owner of property legally described on Exhibit
A, attached hereto and incorporated herein, (“the Property”) that will be benefited by certain
transportation improvements (“Improvements”); and
WHEREAS, Developer will develop the Property into a development known as
Nottingham Village (“the Development Project”); and
WHEREAS, Developer and the City have entered into a Development Agreement dated
July 12, 2018 (the “Development Agreement”) wherein Developer has agreed to certain fees being
imposed; and
WHEREAS, the Developer is willing to agree to allow the value of the Improvements to be
assessed against the Property for the Assessment Term with interest accrual at the Assessment
Interest Rate; and
WHEREAS, the Developer is willing to waive its assessment appeal rights up to the
Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes,
Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City’s
efforts to facilitate the collection of funding for the Improvements.
2
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to
the other contained in this Agreement and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto do covenant and agree as follows:
ARTICLE I
THE AGREEMENT
Section 1.01 Purpose. This Agreement is executed and delivered pursuant to the terms
and conditions of the Development Agreement and includes the waiver of assessment appeal rights
up to the Assessment Waiver Amount which constitutes a benefit pursuant to Minnesota Statutes,
Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City’s
efforts to facilitate the collection of funding for the Improvements.
Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date
and shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied
assessment).
ARTICLE II
DEFINITIONS
Section 2.01 Definitions. The following are terms used in this Agreement. Their
meanings as used in this Agreement shall be expressly indicated below, unless the context of this
Agreement requires otherwise:
(a) Agreement: This agreement to memorialize the covenants and agreements between
the Developer and the City with regard to the Property and the Improvements,
including the assessment appeal waiver provided herein pursuant to Minnesota
Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531.
(b) Agreement Date: The date written in the first paragraph of the Agreement.
(c) Assessment Interest Rate: The interest rate for the special assessment levied against
the property is 4.5% per year for the Assessment Term.
(d) Assessment Term: The Assessment Term shall be three (3) years after the
Assessment Waiver Amount is levied against the Property.
(e) Assessment Waiver Amount: The total charge imposed by the City for the
Improvements shall be the amount of Thirty Four Thousand Seven Hundred Two
and 29/100ths Dollars ($34,702.29), which amount is to be assessed by the City
against the Property. Upon filing of the Final Plat, a reallocation of assessment is
hereby authorized to be proportionately applied to each lot identified on Exhibit
A.
(f) City: The City of Stillwater, a Minnesota municipal corporation.
3
(g) Developer: McKusick Road Properties, LLC, a Minnesota limited liability
company.
(h) Improvements: Means transportation improvements that will be necessary to support
the Development Project.
(i) Property: Real property that will be assessed for the Improvements are legally
described on Exhibit A.
ARTICLE III
COVENANTS AND AGREEMENTS
Section 3.01 Covenants and Agreements of the Developer. The Developer covenants
and agrees with the City that:
(a) Assessment Appeal Waiver: Developer hereby authorizes the City to certify to the
Washington County Auditor/Property Tax Assessor a special assessment against the
Property up to the Assessment Waiver Amount for Improvements.
The Developer hereby waives all rights to assessment notices, hearings and appeals,
and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for
the special assessment against the Property for Improvements up to the Assessment
Waiver Amount. The Developer hereby waives any and all procedural and
substantive objections to the special assessment up to the Assessment Waiver
Amount against the Property, including, but not limited to, notice and hearing
requirements and any claim that any or all of the Assessment Waiver Amount
against the Property exceeds the benefit to the Property for the Improvements. The
Developer acknowledges and agrees that the benefit of the Improvements to the
Property will equal the Assessment Waiver Amount. The Developer also
acknowledges and agrees that the Property receives a special benefit equal to the
Assessment Waiver Amount. Furthermore, the Developer acknowledges and agrees
that the Improvements costs may not be equally spread against all benefited
property.
The City and Developer acknowledge and agree that the waiver of assessment
appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the
Assessment Waiver Amount by operation of Minn. Stat.§ 462.3531.
(b) Developer’s Covenant Not to Sue the City: Developer hereby covenants with the
City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate
the levied assessment, or for other relief from the payment of the City’s levy of a
special assessment up to the Assessment Waiver Amount against the Property.
4
(c) Developer’s Covenant that Developer is the Property Fee Owner: Developer hereby
covenants and warrants with the City that Developer is seized in fee of the
Property and has good right to enter into this Agreement with the City.
(d) Developer Recording of this Agreement: The Developer will record this Agreement
against the Property with the Washington County Recorder and/or Registrar of
Titles.
Section 3.02 Covenants and Agreements of the City. The City covenants and agrees
with the Developer that:
(a) Assessment Waiver Amount: The City agrees that the City will certify/levy a
special assessment against the Property only up to the Assessment Waiver Amount
for the Improvements pursuant to the Development Agreement and this Agreement,
and any costs of the Improvements in excess of the Assessment Waiver Amount
shall be paid by the City without any right to seek reimbursement or payment from
the Developer and without any right to further assess the Property, without the
written consent of the Developer.
(b) Prepayment of Assessment: The City agrees that the Developer may prepay some or
all of the City’s assessment levy against the Property for the Improvements with no
penalty and only with interest accrual pursuant to Minn. Stat. § 429.061.
ARTICLE IV
DEFAULT
Section 4.01 Default. If a party to this Agreement materially defaults in the due and
timely performance of any of its covenants or agreements hereunder, the other party(s) may give
notice of default of this Agreement. The notice shall specify with particularity the default or defaults
on which the notice is based. The notice shall specify a ten (10) day cure period within which the
specified default or defaults must be cured. If the specified defaults are not cured within the cure
period, the other party(s) may pursue all remedies and sanctions available at law and in equity,
including specific performance.
Section 4.02 Attorneys’ Fees, Costs and Expenses. The Developer agrees to pay the
City the amount of the City’s assessment levy up to the Assessment Waiver Amount with accrued
interest together with the City’s attorneys’ fees, costs and expenses to defend the special assessment
levy by the City pursuant to this Agreement. The Developer acknowledges and agrees that the
Developer` would be unjustly enriched if the City’s assessment levy pursuant to this Agreement was
set aside, reduced, repealed or invalidated by a court with jurisdiction over the Property since the
Developer requested the Improvements and this assessment financing for the Improvements. The
Developer agrees that the court with jurisdiction over the Property shall award the City the
assessment levy up to the Assessment Waiver Amount with accrued interest together with the City’s
attorneys’ fees, costs and expenses for breach of the Developer’s covenant not to appeal or sue the
City pursuant to Article III, Section 3.01(b). Notwithstanding the foregoing, Developer’s obligation
5
to reimburse the City for costs and expenses, including attorney’s fees, in any action regarding the
special assessment levy shall only apply if the Developer is the plaintiff in an action to set aside a
special assessment equal to or less than the Assessment Waiver Amount.
ARTICLE V
GENERAL PROVISIONS
Section 5.01 Notices. All notices, requests, demands or other communications required
or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if
delivered personally or by registered or certified mail, return receipt accepted, postage prepaid,
addressed as follows:
If to the City: City of Stillwater
Attention: J. Thomas McCarty
216 4th Street North
Stillwater, MN 55082
If to the Developer: McKusick Road Properties, LLC
Attention: Greg Johnson
3300 Rice Street
St. Paul, MN 55125
Section 5.02 Non-Assignability. Neither the City nor the Developer shall assign any
interest in this Agreement nor shall any party transfer any interest in the same without the prior
written consent of the other party.
Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants
contained herein and the transaction contemplated hereunder shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, heirs, personal representatives, and
permitted assigns. This Agreement shall further be binding on subsequent purchasers of the
Property and shall run with the Property herein described.
Section 5.04 Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 5.05 Amendments, Changes and Modifications. This Agreement may be
amended or any of its terms modified or changed only by a written amendment authorized and
executed by the City and the Developer.
Section 5.06 Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
6
Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and shall supersede all prior oral or written negotiations.
Section 5.08 Notice To Buyers. The Developer agrees to notify and provide any buyer of
the Property or any portion thereof, with an executed copy of this Agreement if the Developer sells
any interest in the Property following the execution of this Agreement by the Developer and the
City but before the recording of this Agreement with Washington County Recorder and/or Registrar
of Titles.
[The remainder of this page was intentionally left blank.]
7
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be
executed by their duly authorized representatives.
CITY:
CITY OF STILLWATER
By:
Ted Kozlowski
Mayor
By:
Diane F. Ward
City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2018, before me a Notary Public within and for
said County, personally appeared Ted Kozlowski and Diane Ward to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and the City
Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing
instrument, and that it was signed on behalf of said municipal corporation by authority of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said municipal corporation.
Notary Public
8
DEVELOPER:
McKUSICK ROAD PROPERTIES, LLC
By:
Greg Johnson
President
STATE OF MINNESOTA )
) ss
COUNTY OF )
On this _____ day of _____________, 2018, before me a Notary Public within and for
said County, personally appeared Greg Johnson to me personally known, who being by me duly
sworn, did say that he is the President of McKusick Road Properties, LLC, a Minnesota limited
liability company, the company named in the foregoing instrument, and that said instrument was
signed on behalf of said corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING, PLEASE RETURN TO:
Korine L. Land, #262432
LeVander, Gillen, & Miller, P.A.
633 South Concord Street, Suite 400
South St. Paul, MN 55075
(651) 451-1831
A-1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally
described as:
Lots 1-15, Nottingham Village
PID 19.030.20.24.0002
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 2018-217
APPROVING ASSESSMENT APPEAL WAIVER AGREEMENT FOR
WESTRIDGE DEVELOPMENT
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the Agreement
between Westridge Development, LLC, and the City of Stillwater for assessment appeal
waiver, as on file with the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED, that the Stillwater City Council authorized the Mayor and
City Clerk to sign the agreement on the City’s behalf.
Adopted by the City Council of the City of Stillwater, Minnesota this 2nd day of October, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
CITY OF STILLWATER
ASSESSMENT APPEAL WAIVER AGREEMENT FOR
WESTRIDGE
THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER (“Agreement”) is
entered into and effective as of the _____ day of , 2018 (“Agreement Date”),
by and between the City of Stillwater, a Minnesota municipal corporation (“City”) and Westridge
Development, LLC, a Minnesota limited liability company (“Developer”).
WITNESSETH:
WHEREAS, the Developer is the fee simple owner of property legally described on Exhibit
A, attached hereto and incorporated herein, (“the Property”) that will be benefited by certain
transportation improvements (“Improvements”); and
WHEREAS, Developer will develop the Property into a development known as West
Ridge (“the Development Project”); and
WHEREAS, Developer and the City have entered into a Development Agreement dated
May 15, 2018 (the “Development Agreement”) wherein Developer has agreed to certain fees being
imposed; and
WHEREAS, the Developer is willing to agree to allow the value of the Improvements to be
assessed against the Property for the Assessment Term with interest accrual at the Assessment
Interest Rate; and
WHEREAS, the Developer is willing to waive its assessment appeal rights up to the
Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes,
Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City’s
efforts to facilitate the collection of funding for the Improvements.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to
the other contained in this Agreement and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto do covenant and agree as follows:
2
ARTICLE I
THE AGREEMENT
Section 1.01 Purpose. This Agreement is executed and delivered pursuant to the terms
and conditions of the Development Agreement and includes the waiver of assessment appeal rights
up to the Assessment Waiver Amount which constitutes a benefit pursuant to Minnesota Statutes,
Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City’s
efforts to facilitate the collection of funding for the Improvements.
Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date
and shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied
assessment).
ARTICLE II
DEFINITIONS
Section 2.01 Definitions. The following are terms used in this Agreement. Their
meanings as used in this Agreement shall be expressly indicated below, unless the context of this
Agreement requires otherwise:
(a) Agreement: This agreement to memorialize the covenants and agreements between
the Developer and the City with regard to the Property and the Improvements,
including the assessment appeal waiver provided herein pursuant to Minnesota
Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531.
(b) Agreement Date: The date written in the first paragraph of the Agreement.
(c) Assessment Interest Rate: The interest rate for the special assessment levied against
the property is 4.5% per year for the Assessment Term.
(d) Assessment Term: The Assessment Term shall be three (3) years after the
Assessment Waiver Amount is levied against the Property.
(e) Assessment Waiver Amount: The total charge imposed by the City for the
Improvements shall be the amount of Thirty Five Thousand Six Hundred Ninety
Five and 52/100ths Dollars ($35,695.52), which amount is to be assessed by the
City against the Property. Upon filing of the Final Plat, a reallocation of
assessment is hereby authorized to be proportionately applied to each lot
identified on Exhibit A.
(f) City: The City of Stillwater, a Minnesota municipal corporation.
(g) Developer: Westridge Development, LLC, a Minnesota limited liability company.
3
(h) Improvements: Means transportation improvements that will be necessary to support
the Development Project.
(i) Property: Real property that will be assessed for the Improvements are legally
described on Exhibit A.
ARTICLE III
COVENANTS AND AGREEMENTS
Section 3.01 Covenants and Agreements of the Developer. The Developer covenants
and agrees with the City that:
(a) Assessment Appeal Waiver: Developer hereby authorizes the City to certify to the
Washington County Auditor/Property Tax Assessor a special assessment against the
Property up to the Assessment Waiver Amount for Improvements.
The Developer hereby waives all rights to assessment notices, hearings and appeals,
and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for
the special assessment against the Property for Improvements up to the Assessment
Waiver Amount. The Developer hereby waives any and all procedural and
substantive objections to the special assessment up to the Assessment Waiver
Amount against the Property, including, but not limited to, notice and hearing
requirements and any claim that any or all of the Assessment Waiver Amount
against the Property exceeds the benefit to the Property for the Improvements. The
Developer acknowledges and agrees that the benefit of the Improvements to the
Property will equal the Assessment Waiver Amount. The Developer also
acknowledges and agrees that the Property receives a special benefit equal to the
Assessment Waiver Amount. Furthermore, the Developer acknowledges and agrees
that the Improvements costs may not be equally spread against all benefited
property.
The City and Developer acknowledge and agree that the waiver of assessment
appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the
Assessment Waiver Amount by operation of Minn. Stat.§ 462.3531.
(b) Developer’s Covenant Not to Sue the City: Developer hereby covenants with the
City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate
the levied assessment, or for other relief from the payment of the City’s levy of a
special assessment up to the Assessment Waiver Amount against the Property.
(c) Developer’s Covenant that Developer is the Property Fee Owner: Developer hereby
covenants and warrants with the City that Developer is seized in fee of the
Property and has good right to enter into this Agreement with the City.
4
(d) Developer Recording of this Agreement: The Developer will record this Agreement
against the Property with the Washington County Recorder and/or Registrar of
Titles.
Section 3.02 Covenants and Agreements of the City. The City covenants and agrees
with the Developer that:
(a) Assessment Waiver Amount: The City agrees that the City will certify/levy a
special assessment against the Property only up to the Assessment Waiver Amount
for the Improvements pursuant to the Development Agreement and this Agreement,
and any costs of the Improvements in excess of the Assessment Waiver Amount
shall be paid by the City without any right to seek reimbursement or payment from
the Developer and without any right to further assess the Property, without the
written consent of the Developer.
(b) Prepayment of Assessment: The City agrees that the Developer may prepay some or
all of the City’s assessment levy against the Property for the Improvements with no
penalty and only with interest accrual pursuant to Minn. Stat. § 429.061.
ARTICLE IV
DEFAULT
Section 4.01 Default. If a party to this Agreement materially defaults in the due and
timely performance of any of its covenants or agreements hereunder, the other party(s) may give
notice of default of this Agreement. The notice shall specify with particularity the default or defaults
on which the notice is based. The notice shall specify a ten (10) day cure period within which the
specified default or defaults must be cured. If the specified defaults are not cured within the cure
period, the other party(s) may pursue all remedies and sanctions available at law and in equity,
including specific performance.
Section 4.02 Attorneys’ Fees, Costs and Expenses. The Developer agrees to pay the
City the amount of the City’s assessment levy up to the Assessment Waiver Amount with accrued
interest together with the City’s attorneys’ fees, costs and expenses to defend the special assessment
levy by the City pursuant to this Agreement. The Developer acknowledges and agrees that the
Developer` would be unjustly enriched if the City’s assessment levy pursuant to this Agreement was
set aside, reduced, repealed or invalidated by a court with jurisdiction over the Property since the
Developer requested the Improvements and this assessment financing for the Improvements. The
Developer agrees that the court with jurisdiction over the Property shall award the City the
assessment levy up to the Assessment Waiver Amount with accrued interest together with the City’s
attorneys’ fees, costs and expenses for breach of the Developer’s covenant not to appeal or sue the
City pursuant to Article III, Section 3.01(b). Notwithstanding the foregoing, Developer’s obligation
to reimburse the City for costs and expenses, including attorney’s fees, in any action regarding the
special assessment levy shall only apply if the Developer is the plaintiff in an action to set aside a
special assessment equal to or less than the Assessment Waiver Amount.
5
ARTICLE V
GENERAL PROVISIONS
Section 5.01 Notices. All notices, requests, demands or other communications required
or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if
delivered personally or by registered or certified mail, return receipt accepted, postage prepaid,
addressed as follows:
If to the City: City of Stillwater
Attention: J. Thomas McCarty
216 4th Street North
Stillwater, MN 55082
If to the Developer: Westridge Development, LLC
Attention: Kevin Von Riedel
1341 County Road D Circle
Vadnais Heights, MN 55109
Section 5.02 Non-Assignability. Neither the City nor the Developer shall assign any
interest in this Agreement nor shall any party transfer any interest in the same without the prior
written consent of the other party.
Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants
contained herein and the transaction contemplated hereunder shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, heirs, personal representatives, and
permitted assigns. This Agreement shall further be binding on subsequent purchasers of the
Property and shall run with the Property herein described.
Section 5.04 Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 5.05 Amendments, Changes and Modifications. This Agreement may be
amended or any of its terms modified or changed only by a written amendment authorized and
executed by the City and the Developer.
Section 5.06 Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and shall supersede all prior oral or written negotiations.
6
Section 5.08 Notice To Buyers. The Developer agrees to notify and provide any buyer of
the Property or any portion thereof, with an executed copy of this Agreement if the Developer sells
any interest in the Property following the execution of this Agreement by the Developer and the
City but before the recording of this Agreement with Washington County Recorder and/or Registrar
of Titles.
[The remainder of this page was intentionally left blank.]
7
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be
executed by their duly authorized representatives.
CITY:
CITY OF STILLWATER
By:
Ted Kozlowski
Mayor
By:
Diane F. Ward
City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2018, before me a Notary Public within and for
said County, personally appeared Ted Kozlowski and Diane Ward to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and the City
Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing
instrument, and that it was signed on behalf of said municipal corporation by authority of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said municipal corporation.
Notary Public
8
DEVELOPER:
WESTRIDGE DEVELOPMENT, LLC
By:
Kevin Von Riedel
Vice President
STATE OF MINNESOTA )
) ss
COUNTY OF )
On this _____ day of _____________, 2018, before me a Notary Public within and for
said County, personally appeared Kevin Von Riedel to me personally known, who being by me
duly sworn, did say that he is the Vice President of Westridge Development, LLC, a Minnesota
limited liability company, the company named in the foregoing instrument, and that said
instrument was signed on behalf of said corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING, PLEASE RETURN TO:
Korine L. Land, #262432
LeVander, Gillen, & Miller, P.A.
633 South Concord Street, Suite 400
South St. Paul, MN 55075
(651) 451-1831
A-1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally
described as:
Lots 1-14, West Ridge
PID 30.030.20.11.0014
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 2018-218
RESOLUTION RESCINDING
RESOLUTION NO. 2018-137 AUTHORIZING ACQUISITION OF REAL PROPERTY
FOR PUBLIC PURPOSES
WHEREAS, at the June 19, 2018 Council meeting, the Council approved the Resolution
Authorizing Acquisition of Real Property for Public Purposes regarding 121 East Chestnut Street,
Stillwater, Minnesota, legally described as:
The East half of Lots 1 and 2, the East 100 feet of the North half of Lot 3 Block 30, except
the East 55 feet of the North 105 feet thereof, Original Town (now city) of Stillwater
according to the perfected plat thereof, Washington County, Minnesota (the “Property”);
and
WHEREAS, the City is currently studying, exploring and evaluating options for
redevelopment of the area; and
WHEREAS, the City does not desire to move forward with acquiring the Property at this
time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
STILLWATER, MINNESOTA, that Resolution No. 2018-137 is hereby rescinded.
Adopted by the City Council of the City of Stillwater on October 2, 2018.
Ted Kozlowski, Mayor
Attest:
Diane F. Ward, City Clerk
RESOLUTION 2018-219
RESOLUTION ADOPTING ASSESSMENTS FOR WATER SERVICE IMPROVEMENTS
FOR VARIOUS RESIDENT PROJECTS (L.I. 422-1, L.I. 422-2 & L.I. 422-3)
WHEREAS, a Water Repair Service Agreements have been executed relating to the following addresses:
651 Croixwood Place
722 3rd Street S
301 Owen Street N
322 Broadway Street S
419 Second Street S
WHEREAS, the agreement for this water repair is in default.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF STILLWATER, MINNESOTA:
1.Such assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the lands named therein, and
2.Each tract of land therein included is hereby found to be benefited by the proposed improvement in
the amount of the assessment levied against it.
3.Such assessment shall be payable in equal annual installments extending over a period as stated
below:
L.I. #ADDRESS GEO Code Amount Term Interest Rate
422-1 651 Croixwood Place 3103020110068 $4,100.00 3 yrs. 4.5%
422-1 722 3rd Street S 2803020120069 $5,200.00 3 yrs. 4.5%
422-2 301 Owen Street N 2803020230124 $7,500.00 4 yrs. 4.5%
422-3 322 Broadway Street S 2803020440103 $16,000.00 9 yrs. 4.5%
422-3 419 Second Street S 2803020440104 $16,000.00 9 yrs. 4.5%
4.NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15,
2018. If the assessment is not paid by November 15, 2018, accrued interest from the date of the
adoption of the assessment roll through December 31, 2018 will be added with the first installment
due in 2019. If payment is not received by November 15, 2018, the amount listed above will be
collected as stated above on the unpaid balance for the predetermined years above. The yearly
installments will be collected with the property taxes that are paid to Washington County. You may
at any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in
whole or part) to the Board of Water Commissioners.
5.The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid over in
the same manner as other municipal taxes.
Adopted by the Stillwater City Council this 2nd day of October, 2018.
Ted Kozlowski, Mayor
AT TEST:
Diane F. Ward, City Clerk
MEMORANDUM
To: Mayor and City Council
From: Shawn Sanders . o iJ~or of Public Works
Date: September 27, 2018
Subject: Master Service agreement with ERM Company
DISCUSSION:
Staff is exploring the possibility of providing a water service for the dog park on Myrtle Street.
This area is a known a waste site from years ago, and is requesting assistance from an
environmental engineer to help us with any regulations /permitting we made need to have a
successful project. The city has worked with an environmental engineer on this site previously
and we would like to hire his firm again to help us out. His firm, ERM Company, is requesting
an updated Master Service Agreement in order to proceed with work. The agreement has been
reviewed by the City Attorney
RECOMMENDATION
Staff recommends that Council consider the request and for the City to sign the Master Service
Agreement with ERM Company.
ACTION REQUIRED
If council concurs with the Recommendation, they should pass a motion entering into a Master
Service Agreement with ERM Company
RESOLUTION 2018-220
APPROVING MASTER SERVICES AGREEMENT WITH
ENVIRONMENT AL RESOURCES MANAGEMENT INC.
WHEREAS, an agreement to have Environmental Resource Management (ERM)
research the possibility of providing water service for the dog park has been prepared and
presented to Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF STILLWATER, MINNESOTA that the agreement presented to Council and
on file with the office of the City Clerk is hereby approved and authorizes the Mayor and
City Clerk to execute said agreement.
Adopted by the City Council this 2nd day of October 2018.
Ted Kozlowski, Mayor
Attest:
Diane F. Ward, City Clerk
MASTER SERVICES AGREEMENT
This Master Services Agreement (this" Agreement") is made effective 09-27-18 by and between
Envirorunental Resources Management, Inc. ("ERM"), and [City of Stillwater] ("Client").
BACKGROUND
ERM provides consulting, construction management and health and safety services. Client and
ERM (individually a "Party" and, collectively the "Parties") may from time to time enter into
contracts, under which ERM will perform certain services for Client. The Parties agree the terms
and conditions of this Agreement will govern such contracts. Notwithstanding the foregoing, the
affiliates of (being those controlled by, controlling or under common control with) Client and ERM
may agree to enter into Project Contracts (as defined below) under the terms of this Agreement,
subject to negotiation and amendment in each applicable territory or jurisdiction, but each such
Project Contract is a separate agreement between its specific parties only. For the purposes of these
terms as applied to each such Project Contract, "Client" and "ERM" as used herein will mean each
such respective Project Contract party, and shall not necessarily mean the signatory to this
Agreement.
In consideration of the mutual agreements contained herein, and intending to be legally bound
hereby, the Parties agree as follows:
1. DEFINITIONS.
"Agreement" means this Agreement, including the terms and conditions set forth herein and any
Exhibits attached hereto, which shall govern any Project Contract.
"Change Order" means a written amendment to a Project Contract, signed by Client and ERM,
authorizing a change in the Project or an adjustment in the contract compensation or time of
performance identified in the respective Project Contract.
"Party" means ERM or Client, as indicated by the context.
"Parties" means ERM and Client.
"Project" means Services performed by ERM pursuant to a Project Contract.
"Project Contract" means each contract, for a Project including the Proposal for the Project, entered
into by Client and ERM during the term of this Agreement.
"Project Site" means the location for the performance of Services under that Project Contract.
"Proposal" means the document or documents issued by ERM to Client, including, without
limitation, any assumptions, conditions and limitations relating to the applicable Project, in which
ERM describes, and agrees to perform, Services. It is understood that any Proposal issued by ERM
is subject to the terms and conditions of this Agreement unless otherwise expressly provided to the
contrary by ERM.
"Section" means an enumerated section of this Agreement.
"Services" means the services performed or to be performed by ERM for Client under the
applicable Project Contract and the terms and conditions of this Agreement. "Services" covers any
work, work product, deliverables or other form of services described in the applicable Project
Contract as to be performed by ERM.
ERM Legal Deparbnent -2.0 12/2016
2. SCOPE OF ERM'S SERVICES.
ERM shall perform Services described in each Project Contract. Each Project Contract is subject to
the terms and conditions of this Agreement.
3. CONTRACTING PROCEDURE.
a. A Proposal issued by ERM to Client shall be a binding Project Contract when the Proposal is
accepted by Client, provided that the Proposal has not been retracted prior to Client's
acceptance, and further provided that, if Client's acceptance occurs more than 30 days after
ERM' s issuance of the Proposal, ERM shall have the right to void the Project Contract within
10 days following Client's acceptance or to modify the Project contract as provided in Section
3.b below. Notice of voiding of the Project Contract shall be made in writing. Client's
acceptance can occur by (i) Client's countersignature of the Proposal, (ii) Client's issuance of a
purchase order or other document referencing the Proposal, or (iii) any other communication
by an authorized representative of Client to ERM indicating acceptance of the Proposal or
requesting that ERM perform Services described in the Proposal. Client's acceptance of the
Proposal can occur through written or electronic means. No terms added or modified by
Client shall be binding unless an authorized representative of ERM signs a written
amendment to the Proposal clearly agreeing to such additions or modifications. Each Project
Contract will constitute a separate and individual agreement, separate from each other Project
Contract, but it is hereby agreed that all Project Contracts each incorporate the terms and
conditions of this Agreement. A Project Contract, or any Change Order thereto, will be
executed only by authorized representatives of the Parties. Any terms and conditions
contained in a Project Contract that are inconsistent with the terms and conditions contained
in this Agreement are superseded and governed by this Agreement, unless the Parties
expressly and clearly indicate in the Project Contract their intention to modify such terms and
conditions as apply to such Project Contract and its associated Project. The Parties hereby
agree that the incorporation of the terms and conditions of this Agreement into each Project
Contract shall apply regardless whether the Project Contract makes any references to this
Agreement.
b . If Client's acceptance occurs more than 30 days after ERM' s issuance of the Proposal, if a
delay in Client's acceptance materially affects any schedule, timeline, dates, fees or costs
contained in the Proposal, ERM reserves the right to propose a modification to the Project
Contract, including the proposed basis of payment and fees or the time of performance. No
modification by ERM shall be binding unless an authorized representative of Client signs a
written acceptance or Change Order of such modification.
c. Unless the Proposal submitted by ERM expressly and specifically provides to the contrary, the
schedule, timeline, dates, fees and costs stated in the Proposal are estimates only and do not
constitute a guaranteed maximum or "guaranteed not-to-exceed" amount or a guaranteed
time to complete. However, in performing any Project Contract, ERM will not proceed to
expend more than the amount identified as the estimated probable cost in the applicable
Proposal without the Client's prior written approval.
d . Environmental engineering and consulting services are often initially not fully definable . As
Services on any Project Contract progress, the facts uncovered may dictate a change in
direction, which may alter the scope of Services. ERM will inform the Client of such
situations so that negotiation of a Change Order can be accomplished as required.
ERM Legal Department -2.0 2 12/2016
e . Client and ERM acknowledge and agree that the Project Contract will contain, at a minimum,
the following terms:
(i) a specific definition of the scope and objectives of Services to be performed by ERM on
the Project;
(ii) a description of any hazardous or toxic waste or material known or believed by Client
to be present at the Project Site;
(iii) a description of the schedule for the completion of the Project;
(iv) a description of the physical conditions and characteristics of the Project Site;
(v) compensation and terms of payment; and
(vi) duration of the Project Contract.
f. Subject to the provisions of this Section 3, the Parties agree that the Project Contract may
contain other specific conditions as may be required by the specific scope of Services,
including special site conditions or safety procedures and designation by Client of a storage
facility or disposal site and transportation terms.
4. COMMITMENT.
a. Client offers no guarantee of a volume of business in quantity or dollars nor complete
participation by all Client locations having requirements for Services.
b. ERM reserves the right to decline to perform any task or assignment requested by Client.
5. COMPENSATION AND TERMS OF PAYMENT.
a. For Services performed under any Project Contract, Client shall pay ERM compensation at the
rates and in accordance with the payment terms set forth in the Project Contract, subject to the
provisions of this Section 5. The Parties contemplate that the payment terms may include unit
pricing, time and material pricing, lump sum pricing, or any combination thereof, depending
on the type of services being rendered thereunder.
b. The Parties agree that when a Project Contract provides for payment to ERM based on time-
and-material pricing, the time and material hourly billing rates shall be set forth in the
applicable Project Contract, and shall govern and be firm until the earlier of the next 1 January
or completion of the Project. Any changes to the rates reflected on Exhibit A occurring
thereafter will be in accordance with the standard schedule of time and material hourly billing
rates adopted by ERM on 1 January of each calendar year. ERM billing rates apply to (i) full-
time, part-time, temporary and seconded employees of ERM and its affiliates, (ii) temporary
employees whose direct compensation is paid by a temporary staffing agency and (iii) staff
consultants.
c. Where the method of Project Contract payment is on a time-and-material basis, the following
commercial terms also apply:
(i) The minimum time segment for charging of fieldwork is four hours. For Services done
at any of ERM's offices, the minimum time segment for charging of Services is one-half
hour. There is no premium charge for overtime.
(ii) Where a Project Contract is based on the salary cost of specific individuals, normal and
customary salary increases will become effective immediately upon ERM
authorization and will be reflected in the next invoice submitted to Client.
ERM Legal Department -2.0 3 12/2016
(iii) Expenses properly chargeable to a Project include: travel and living expenses of ERM
personnel on business connected with a Project; shipping costs; reproduction, bindery
and facsimile costs at ERM's standard rates; computer usage and record processing
time and software; equipment rental charges; professional, analytical and technical
subcontractors and advisors retained in connection with a Project; identifiable drafting
and stenographic supplies; and expendable materials and supplies purchased
specifically for a Project.
d. Within 15 business days of Client's acceptance of a Proposal, Client will pay the amount
stated in the Proposal as ERM' s initial retainer for Project fees and expenses. Unless
otherwise provided in the Proposal, invoices will be submitted on a monthly basis and are
payable upon receipt. Interest will be charged on unpaid balances beginning 30 days from the
invoice date at the lesser of 1.5% per month or the maximum rate permissible under law.
ERM will apply payments first to any accrued interest, then to unpaid balances. Upon 2
business days' notice, ERM may suspend Services without liability until all past due amounts,
including accrued interest, have been paid in full. Client shall pay ERM for Services rendered
regardless of whether Services are intended in whole or in part to benefit a third party.
Timely payment is a substantial condition of Client's performance of any Project Contract
between ERM and Client.
e. Any fees stated herein are exclusive of any indirect taxes including but not limited to VAT,
sales tax, use tax, custom duties or such other taxes imposed by any taxing authority on the
Services covered under this Agreement which taxes shall be paid or reimbursed by Client.
For the avoidance of doubt, this includes any indirect taxes that ERM's subcontractors may be
required to charge on their subcontracted fees.
f. If ERM takes legal action to enforce payment and prevails, Client shall reimburse ERM for all
collection and legal costs.
6. CHANGES.
a. Except as expressly provided herein or in the Project Contract to the contrary, any change in a
Project, or any adjustment in the compensation due under any Project Contract, or any time
extension with respect to any Project Contract, will be authorized by a Change Order.
b. If Client desires to (i) request ERM to perform services beyond that which was originally
specified and agreed to in a Project Contract, or (ii) change, alter, add to, or deduct from
Services required by a Project Contract, Client shall notify ERM and request a Proposal for a
Change Order covering the revised services. Unless a change is authorized by a Change
Order, ERM will not proceed to execute the changed services, except in case of an emergency
endangering life or property, in which case ERM shall proceed in accordance with Section 7
hereof. Any change or adjustment in compensation or time extension resulting from such
Change Order will be specifically stated in said Change Order.
c. If ERM encounters, at any time during the performance of Services under a Project Contract,
physical conditions at the Project Site differing from those indicated in the Project Contract or
any concealed or unknown physical conditions that will result in a change to the scope or cost
of conducting Services, upon claim by ERM, and within a reasonable time after the first
observance of the conditions, an adjustment in the contract compensation or time extension on
account of such conditions will be determined by Change Order, except in cases of
emergencies, in which case the Parties shall proceed in accordance with Section 7.
d . Prior to the issuance of any Change Order, the Parties, through their authorized
representatives, shall negotiate in good faith the monetary amount by which the contract
ERM Legal Department -2.0 4 12/2016
7.
compensation shall be increased or decreased as a result of the proposed Change Order in
accordance with one or more of the following contract pricing methods:
(i) by agreed lump sum;
(ii) by unit prices subsequently agreed upon in a Project Contract; or
(iii) on a time and material basis in accordance with Exhibit A hereto.
FORCE MATEURE; EMERGENCIES.
Cost and schedule commitments contained in any Project Contract shall be subject to equitable
adjustments for delays caused by Client's failure to provide any required approval or suitable
Project Site access or by occurrences or circumstances beyond ERM's reasonable control, including
without limitation, fires, floods, earthquakes, strikes, riots, war, terrorism, threat of terrorism, acts
of God, acts or regulations of a goverrunental agency, emergency, security measure, unusual
weather conditions or other circumstances ("Force Majeure"). If ERM determines in its sole
discretion, based on circumstances surrounding a Project, that the health or safety of its personnel
or its subcontractors' personnel is, or may be, at risk in performing Services, such circumstances
will constitute a Force Majeure, and ERM will have the right to take any measure it deems
necessary to protect personnel at Client's expense. If it is impracticable for ERM to obtain
authorization from Client in an emergency affecting the health or safety of persons, the
environment, or property, ERM may, at its discretion, act to prevent threatened damage, injury or
loss at Client's expense. Stoppage or interruption caused by any of the above that results in
additional cost beyond that identified in any Proposal for the performance of any Services under
any Project Contract, will entitle ERM to an adjustment to the Project Contract price and
performance schedule referenced in the applicable Project Contract. Nothing in this Section 7 shall
limit the first sentence of Section 3.c.
8. INSURANCE.
a. ERM shall maintain policies of insurance for the following types of coverage, each with a limit
of liability of at least US$1,500,000:
•
•
•
•
•
Employer's Liability;
Comprehensive General Liability (Public Liability);
Comprehensive Automobile Liability (Motor Vehicle Liability);
Professional Errors and Omissions Liability; and
Contractor's Pollution Liability .
ERM shall also maintain the insurance coverage required under applicable law for employers,
including worker's compensation. Upon agreement of the Parties, ERM may procure and
maintain, at Client's expense, additional policies of insurance or coverage.
b. ERM shall, at Client's request, provide Client with a certificate of insurance or other
satisfactory evidence that such insurance has been obtained and that the policies are
maintained in force throughout the period during which ERM provides Services to Client
under this Agreement. Each Party agrees to waive its insurers' subrogation rights of recovery
under its property damage insurance policies as to any loss occurring to property of the Party
during and after the completion of Services.
9. INDEMNIFICATION.
ERM Legal Department -2.0 5 12/2016
a., ERM shall indemnify and hold harmless Client, its affiliates and their respective directors,
officers, employees, shareholders, agents and independent contractors (collectively, together
with Client, "Client Indemnitees") from and against all liability, claims, suits, losses, damages,
costs and demands, including reasonable legal expenses and attorney's fees (collectively
"Damages"), arising out of this Agreement or any Project Contract, to the extent Damages are
caused by the negligence or willful misconduct of an ERM Indemnitee, as defined below, in
connection with the Project.
b. Client shall indemnify and hold harmless ERM, its affiliates and their respective directors,
officers, employees, shareholders, agents and independent conh·actors (colleclively, together
with ERM, "ERM Indemnitees") from and against all Damages arising out of this Agreement
or any Project Contract, to the extent Damages are caused by the negligence or willful
misconduct of a Client Indemnitee in connection with the Project.
c. With respect to any particular Project Contract, Client agrees that no ERM Indemnitee will be
liable to a Client Indemnitee or any third party for the creation, existence or release of any
type of hazardous or toxic waste, material, chemical, compound or substance, or any other
type of envirorunental hazard, contamination or pollution, whether latent or patent, or the
violation of any law or regulation relating thereto, existing at a Project Site prior to
commencement of Services ("Pre-Existing Condition"), and Client shall indemnify and hold
harmless ERM Indemnitees from any and all Damages sustained by any ERM Indernnitee in
connection with any Pre-Existing Condition except to the extent the Pre-Existing Condition is
exacerbated by the negligence or willful misconduct of an ERM Indernnitee.
d. The provisions of this Section 9 will survive the completion of Services hereunder or under
any Project Contract or the expiration, cancellation, or termination of this Agreement or any
Project Contract.
10. ST AND ARD OF CARE.
a. In performing Services, ERM shall exercise that degree of care and skill ordinarily exercised
under similar circumstances by experienced professionals performing substantially similar
services at the same or similar locality as the Project Site. Except for the foregoing warranty,
no representation, warranty, guarantee or condition, express or implied, as to the quality or
nature of Services or otherwise, is given, undertaken or made by ERM, and all other
representations, warranties, conditions and terms are excluded and denied.
b . ERM agrees to reperform and correct Services that fail to conform to the standard of care set
forth in Section 10, paragraph a ., above, provided that ERM receives notice of such
nonconformance in a timely, in no event more than 90 days following performance, and
effective manner that allows ERM to cure the non-conformance reasonably and cost
effectively and the nalure of the non-cunfurmance is such that ERM can reasonably cure it.
c. If Services include (i) estimating the cost or potential cost of remediation, (ii) estimating the
cost of compliance, or (iii) assessing the type, concentration, nature or quantity of any
substance, waste or condition at, on or in a Project Site or structure, based on information
provided by Client or a third party or on representative sampling or inspection of any Project
Site or structure conducted by ERM, ERM will prepare such estimate or assessment based
upon its experience and, in some instances, the application of a method for estimating or
assessing conditions based on representative or random sampling or inspection. Due to the
nature of such Services, including, without limitation, the potential for the estimate or
assessment to be based on incomplete or inaccurate information or anomalous samples, ERM
does not warrant or guarantee the accuracy of any such estimate or assessment. The foregoing
does not limit the disclaimer in Section 10.a above. ERM will not be liable to Client as a result
ERM Legal Department-2.0 6 12/2016
of the preparation of such cost estimate, and Client hereby forever releases, and shall
inderrmify and hold harmless, ERM Indenmitees from and against any Damages of Client or
any third party that result from, arise out of or are ath·ibutable to such cost estimate or the
preparation thereof.
d. IN NO EVENT WILL A CLIENT INDEMNITEE BE LIABLE TO AN ERM INDEMNITEE OR
AN ERM INDEMNITEE BE LIABLE TO A CLIENT INDEMNITEE, OR ANYONE
CLAIMING BY, THROUGH OR UNDER A CLIENT INDEMNITEE OR ERM INDEMNITEE,
INCLUDING, WITHOUT LIMITATION, INSURERS, FOR ANY LOST, DELAYED OR
DIMINISHED PROFITS, REVENUES, BUSINESS OPPORTUNITIES, PRODUCT,
PRODUCTION OR LOST DATA, OR FOR ANY INCIDENT AL, SPECIAL, INDIRECT,
FINANCIAL, CONSEQUENTIAL, EXEMPLARY OR ECONOMIC LOSSES OR DAMAGES
OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR IN CONNECTION
WITH THIS AGREEMENT OR ANY PROJECT CONTRACT.
e. IN NO EVENT WILL AN ERM INDEMNITEE BE LIABLE TO A CLIENT INDEMNITEE OR
ANYONE CLAIMING BY, THROUGH OR UNDER IT, INCLUDING WITHOUT
LIMITATION, INSURERS, IN AN AGGREGATE AMOUNT, WITH RESPECT TO ALL
DAMAGES AND CLAIMS UNDER ANY PROJECT CONTRACT, THAT EXCEEDS
US$1,000,000. ERM WILL HAVE NO LIABILITY FOR A CLAIM OR DEMAND IF CLIENT
FAILS TO INITIATE LEGAL PROCEEDINGS WITHIN 12 MONTHS OF THE EARLIER OF
(I) THE TIME THE CLAIM AROSE, IF IT CAN BE DETERMINED, OR (II) CLIENT'S NOTICE
OF THE CLAIM TO ERM. CLIENT RELEASES ERM INDEMNITEES FROM ANY
DAMAGES SUSTAINED BY CLIENT IN EXCESS OF THE AMOUNT STATED IN THIS
SECTION 10, PARAGRAPH e., AND FROM ANY CLAIM OR DEMAND NOT MADE
WITHIN THE TIME FRAME STATED IN THIS SECTION 10, PARAGRAPH e.
f. The provisions of this Section 10 will (i) apply to the fullest extent allowed by law whether
liability is claimed or found to be based in contract (including breach of warranty or contract),
tort (including negligence or negligent misrepresentation), equity, strict liability or otherwise,
and (ii) survive the completion of Services and the expiration, cancellation or termination of
this Agreement or any Project Contract. The provisions of Section 10, paragraphs d. and e.
will be enforceable as a separate agreement if necessary.
g. Client acknowledges and agrees that the price for Services set forth in the Proposal, subject to
adjustment pursuant to the Project Contract, has been negotiated in consideration of the
Parties' agreement to limit ERM' s liabilities as set forth herein. Accordingly, Client
acknowledges and agrees that the provisions of this Section 10 satisfy any requirement of
reasonableness under any law applicable to any Project Contract or this Agreement and to
any claims relating to, or arising in connection with, any Project Contract or this Agreement.
11. TERM OF AGREEMENT.
Unless sooner terminated, this Agreement is effective for a period of one year from the date of
execution hereof, and thereafter will automatically renew for consecutive one-year terms. Either
Party may, at any time during the term, terminate this Agreement for convenience, without
penalty, upon giving sixty (60) days prior written notice of termination to the other Party.
However, this Agreement will survive to the extent applicable to any Services continuing to be
performed by ERM under any Project Contract. Expiration, cancellation or termination of this
Agreement, for any cause, does not relieve Client of liability for payment of sums due or to become
due ERM for Services performed prior to the effective date of such expiration, cancellation or
termination.
ERM Legal Department -2.0 7 12/2016
12. RIGHT TO TERMINATE FOR DEFAULT.
Any Project Contract may be terminated in whole or in part in writing by either Party upon a
breach by the other Party of a material obligation of such Party tmder this Agreement or such
Project Contract, provided that no such termination will be effective unless the breaching Party is
given: (i) not less than ten (10) calendar days' written notice of intent to terminate; (ii) an
opportunity for consultation with the terminating Party prior to the effective date of such
termination; and (iii) a reasonable opportunity to cure the breach to the extent that the breach can
be cured. Client may terminate this Agreement for Client's convenience upon two (2) business
days' prior written notice to ERM, in which event Client shall pay, within thirty days of receipt of
invoice, all reasonable costs incurred by ERM as a result of termination, including, without
limitation, costs of demobilizing personnel and equipment. A final invoice will be calculated by
ERM following the effective date of termination. This Section 12 is not intended to limit ERM' s
other rights to seek recovery for claims, costs, losses and liability resulting from Client's breach of
this Agreement or a Project Contract.
13. ASSIGNMENT.
Neither Party shall assign this Agreement or any Project Contract or any monies due or to become
due to it hereunder without the prior written consent of the other, which consent shall not be
unreasonably withheld. Notwithstanding the foregoing, ERM may, without first obtaining Client's
written consent, assign its rights and obligations hereunder to any direct or indirect subsidiary of
ERM, now existing or hereafter created or acquired, or to any affiliate of ERM that is a member
company of the ERM Group of companies, or to a corporation that is the successor to all or
substantially all of ERM's stock or assets, and upon receiving notice of such assignment, Client shall
recognize the assignee as the contracting party under this Agreement or any Project Contract.
14. INDEPENDENT CONTRACTOR.
ERM agrees that ERM is an independent contractor in the performance of Services and that neither
ERM nor ERM's employees or subcontractors are servants, agents, employees, or representatives of
Client. ERM will retain control of the manner and method of performance of Services, and Client
will have the right of supervision merely as to the result of Services. Client is not responsible for
the direct payment of any withholding taxes, assessments that an employer is required to deduct
and pay over, insurance premiums for insurance maintained by ERM, or other fees or charges of
any kind or nature, except as otherwise provided herein or in a Project Contract. ERM hereby
certifies that it will deduct and pay over to the proper governmental authority any withholding
taxes or similar assessments that an employer is required to deduct and pay over, and ERM accepts
exclusive liability for any payroll taxes or contributions imposed by any governmental authority
covering ERM's agents or employees.
15. NOTICES.
Any notice, request, demand or other communication hereunder must be in writing or by
telephone. If notice is communicated by telephone, such notice shall be confirmed in writing. All
written notices required hereunder will be deemed to have been given when (a) delivered in
person, (b) via facsimile with a confirmation copy thereof, or (c) sent via email; or shall be deemed
to have been given two (2) days after being sent by certified U.S. Postal service, return receipt
requested, or by overnight courier, in each case properly addressed as follows, or to such other
addresses as either Party may designate in writing from time to time:
If to ERM: Ifto Client
City of Stillwater
ERM Legal Department - 2.0 8 12/2016
Attn: Mark Mason -------
Phone: 612-215-6082 ------Email: mark.mason@enn.com __ _
16. CONFIDENTIALITY.
216 North Fourth Street
Stillwater, MN 55082
Attn: Shawn Sanders, Public Works Director
Phone: 651-430-8835
Email: ssanders@ci.stillwater.mn.us
a. Unless required by law or court order, ERM shall not disclose the substance of any report, test
or recommendation that it gives to Client in connection with any Services. ERM shall treat all
maps, data, reports, and other proprietary information that are received from the Client in
connection with Services as confidential if such proprietary information is clearly identified in
writing by Client as being confidential.
b. The obligations of confidentiality set forth above do not apply to any information that (i) was
in the public domain prior to the date of its disclosure to ERM, (ii) was in ERM' s possession
prior to the date of disclosure by Client to ERM, (iii) becomes part of the public domain by
publication or otherwise not due to any unauthorized act on the part of ERM, or (iv) is
supplied to ERM by a third party as a matter of right.
17. CONTAINMENT AND DISPOSAL.
If any hazardous or toxic waste, material, chemical, compound or substance or any waste regulated
by local, state or federal law, including, without limitation, any sampling materials such as drill
cuttings and fluids or asbestos (the "Waste"), are encountered by ERM or result from ERM's
performance, ERM will appropriately containerize the Waste and either (i) leave the containerized
Waste on the Project Site for proper disposal by Client or (ii) using a manifest signed by Client as
generator, assist with transportation of Waste to a location selected by Client for disposal. Client
acknowledges that at no time does ERM assume authority over the transportation or disposal of, or
title to, or the risk of loss associated with, the Waste. Client agrees to release, indemnify, hold
harmless and defend ERM from any and all Damages (including, without limitation, any liability
derived from any state or federal "Superfund" law), claims, damages, suits, losses, penalties, fines
or expenses (including attorneys' fees) in any way related to ERM's assistance with the storage,
transportation or disposal of the Waste, except to the extent such Damages result from ERM' s gross
negligence or willful misconduct.
18. NO THIRD PARTY BENEFICIARIES.
ERM and Client do not intend, nor will any clause of this Agreement be interpreted, to grant to any
person other than ERM and Client any benefit, right, or remedy under this Agreement, including
the right to rely on any Services. If, notwithstanding this Section 18, a court determines that a third
party has the right to rely on any Services including any ERM work product, such reliance will be
subject to the terms of this Agreement. Client agrees to indemnify, defend, and hold harmless the
ERM Indemnitees from and against Damages resulting from a Client Indemnitee' s providing,
directly or indirectly, any Services including any ERM work product to a third party absent ERM's
prior express written consent.
19. INTELLECTUAL PROPERTY.
Client acknowledges and agrees that ERM shall retain ownership rights in all work product
conceived, developed or made by ERM and its Affiliates in the performance of the Services. Upon
payment in full for the Services, ERM agrees to grant to Client a non-exclusive, royalty-free license
to use such work product for the purposes specified in or implied by the Proposal. Client
ERM Legal Department -2.0 9 12/2016
acknowledges and agrees that ERM shall maintain all ownership rights in technical information,
inventions, discoveries, improvements, and copyrightable material, made or conceived by ERM
prior to its commencing performance of the Services or developed by ERM outside the scope of the
Services.
20. CLIENT RESPONSIBILITIES.
Client shall be responsible for providing all reasonable assistance required by ERM in connection
with Services, including, but not limited to, any assistance specified in a Project Contract or
Proposal. Tn particular, Client will provide ERM with the following:
a. Reasonable ingress to and egress from the Project Site.
b. Clean, secure and unobstructed space at the Project Site for ERM equipment and vehicles or
those of ERM subcontractors.
c. Specifications (including, without limitation, facility and Project Site schematics, engineering
drawings and plans) detailing the construction of underground and aboveground facilities
located at the Project Site that pertain to the stated Project or are necessary to enable ERM to
perform Services and complete the Project successfully.
d. Approval of each specific location for boring, drilling, excavation or other intrusive work and
identification of concealed or underground utilities, structures, obstructions, obstacles or
sensitive conditions before ERM commences Services at the location. If Client does not
identify the location of the concealed and underground items or approve each location of
intrusive work, Client shall indemnify and defend ERM against any Damages (including any
harm or injury) arising out of or related to contact with such hazards.
e. To the extent relevant, Client's selection of any hazardous waste transporter and disposal
facility, and instructions as to Client's arrangements for execution of the waste generator
portion of any bill of lading, waste manifest, waste profile and related documents.
f. All other information related to the Project reasonably requested or required by ERM. ERM
has the right to rely, without independent investigation or inquiry, on the accuracy and
completeness of all information provided by, or on behalf of, Client or any governmental
agency to ERM or anyone providing services for ERM relating to Services. Client agrees to
review all Proposals, designs, schematics, drawings, specifications, reports and other required
Project deliverables ("Deliverables") prepared by ERM for Client for the accuracy and
completeness of factual information provided by or on behalf of Client for inclusion in such
Deliverables and to provide ERM with any further information within Client's possession that
may affect the accuracy or completeness of Services.
g. If Services involve electronic data files that are maintained by or for Client, Client shall be
responsible for maintaining backup copies of such files.
h. Unless otherwise expressly agreed in writing by the parties, Client is responsible for Project
Site security.
21. GOVERNING LAW; FORUM.
This Agreement and any Project Contract under this Agreement is governed by the substantive
laws of the State of Minnesota (the "Jurisdiction"). The Jurisdiction's courts have exclusive
jurisdiction and venue over all disputes arising out of this Agreement and any Project Contract, and
the Jurisdiction is deemed to be the place of performance for all obligations under thls Agreement.
ERM Legal Department -2.0 10 12/2016
The Parties waive any objection to the Jurisdiction's courts on grounds of inconvenient forum or
otherwise.
22. MISCELLANEOUS.
a. This Agreement, including any Exhibits attached hereto, constitutes the entire agreement
between ERM and Client with respect to its subject matter, and each Project Contract,
incorporating the terms and conditions of this Agreement, constitutes the entire agreement
between ERM and Client with respect to its subject matter, and all previous representations
relative thereto, either written or oral, are hereby annulled and superseded. No modification
to this Agreement or a Project Contract will be binding on either Party unless such
modification will be in writing and signed by an authorized officer of both Parties.
b. Each provision of this Agreement is distinct and severable from the others. If a provision is or
becomes invalid, unlawful or unenforceable in whole or in part, the validity, lawfulness and
enforceability of the remaining provisions (and of the same provision to the extent
enforceable) will not be impaired, and the Parties agree to substitute a provision as similar to
the offending provision as possible without its being invalid, unlawful or unenforceable.
c. Either Party may use its standard business forms (such as purchase orders, acknowledgments,
or vouchers) to administer this Agreement and any Project Contract, but use of such forms is
for convenience purposes only, and any typed provision in conflict with the terms and
conditions of this Agreement and all pre-printed terms and conditions contained in or on such
forms shall be deemed stricken and null and void, and only the terms and conditions
contained in this Agreement will govern. Whenever such a form is used by either Party to
administer this Agreement, or any Project Contract, the Parties agree that such form is
governed by the terms and conditions contained in this Agreement, and the applicable Project
Contract.
d. Client authorizes ERM to use Client's name and a general description of the Projects
performed under this Agreement as a reference for prospective clients and projects.
e. If ERM personnel are called or subpoenaed for depositions, examination, or court
appearances in any dispute arising out of a Project, ERM 1s participation constitutes Services
(unless ERM is a named party in the dispute), and Client will reimburse ERM on a time-and-
material basis in accordance with ERM 1s then current standard billing rates for such matters,
including all out-of-pocket costs incurred in connection with such matters.
f. For the purposes of this Agreement, words in the singular also include the plural and vice
versa. The captions of sections are for convenience only and do not affect the meaning or
construction of this Agreement. Any reference to a section means a section of this Agreement.
Any reference in a provision of this Agreement to a specific item as included within a general
category shall not exclude items of a similar nature, unless otherwise expressly stated herein.
If a provision of this Agreement is inconsistent with a provision of a Proposal, the provision of
this Agreement prevails.
ERM and Client have each caused this Agreement to be executed by its duly authorized
representative as of the day and year first set forth above.
ERM Legal Department-2.0 11 12/2016
Memo
DATE:
TO:
FROM:
RE:
September 26, 2018
Mayor and City Council
Sharon Harrison, Finance Director
Sanitary Sewer Adjustments
BACKGROUND:
During the course of any given year, sanitary sewer rate adjustment recommendations come before
Council. These adjustments are mainly due to leaks found during the course of the year, but often stand
out more during the readings during the 1st quarter of every year. For residential properties, sanitary
sewer billing rates are set during the 2nd quarter of every year using the water consumption ( obtained
from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing
cycles (quarters) until the rates are reset again the following year.
As mentioned before, occasionally there are some properties that have experienced increased water
usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water
softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary
sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City
to explain their individual circumstance. We (Finance) then review consumption rates from
prior/current quarters to see if we can determine the duration/termination of the leak based on the
information provided to us by the water department and the resident/owner. This information then is
used to provide Council with new billing rate recommendations for upcoming billing periods (until the
new rates are reset the following year).
This practice has been used by the City for many years, and has been proven to be a fair and accurate
way for property owners to pay their fair share of the use of the sanitary sewer system.
RECOMMENDATION:
Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property
owners. These adjustments are expressed in gallons ( of consumption), based on the average
consumption of the prior 3 years, and converted to the new billing rate using the most current billing
rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing).
In other words, staff is recommending to Council that the property owner at least pay the increased
sanitary sewer rate for the billing period in which the leak occurred .
COUNCIL ACTION:
If Council agrees with Staffs recommendation, Council needs to approve staff recommendations as
listed on the attached Exhibit A.
Description of
Circumstance
1 Leaking Toilet
CITY OF STILLWATER
EXHIBIT A
Winter Average
From
To
Gallons
79,000
12,000
Billing Quarter
Adjustment for
3rd
Granicus Proposal for Stillwater, MN
Granicus Contact
Name:Brian Szymanski
Phone:612-296-6308
Email:brian.szymanski@granicus.com
Proposal Details
Quote Number:Q-35507
Prepared On:9/6/2018
Valid Through:9/27/2018
Pricing
Payment Terms:Net 30
Currency:USD
Period of Performance:The term of the Agreement will commence on the date this document is signed and will
continue for 36 months.
One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
Boards and Commissions Data Import Upon Delivery 10 Hours $2,250.00
Boards and Commissions - Online Training Upon Delivery 1 Hours $0.00
SUBTOTAL: $2,250.00
Annual Fees for New Subscriptions
Solution Billing
Frequency Quantity/Unit Annual Fee
Boards and Commissions (City)Annual 1 Each $3,600.00
Open Platform Suite Annual 1 Each $0.00
SUBTOTAL: $3,600.00
Remaining Period(s)
Solution Period 1 Period 2
Boards and Commissions (City)$3,852.00 $4,121.64
Open Platform Suite $0.00 $0.00
TOTAL:$3,852.00 $4,121.64
Product Descriptions
Name Description
Boards and
Commissions (City)
Boards and Commissions is a Software-as-a-Service (SaaS) solution that enables government
organizations to simplify the citizen application and appointment to boards process of the
clerk’s office. Boards and Commissions includes:
• Unlimited user accounts
• Unlimited boards, commissions, committees, and subcommittees
• Unlimited storage of citizen applications
• Access to one Granicus platform site
• Access to one Boards and Commissions site
• Access to customizable, embeddable iFrame websites for displaying information to
citizens
• Access to a customizable online citizen application form including board-specific
questions
• Customizable forms for board details, appointment details, and internal tracking details.
• Pre-designed document PDFs for applications, board details and rosters, and vacancy
reports
• Downloadable spreadsheets for easy reporting
• Optional custom templates for document or report generation (additional upfront
charge applies)
Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/
documents, and index of archives. These are able to be published and accessible through a
searchable viewpage.
Boards and
Commissions Data
Import
Import legacy data into Boards and Commissions to have access to historical data from a
previous system used prior to buying Boards and Commissions.
Boards and
Commissions - Online
Training
Boards and Commissions - Online Training is for online training for Boards and Commissions,
which allows clients to have online sessions with a Granicus trainer to learn how to use the
system.
i nfo@g ranicus.co m I g ranicus.co m G "R AN I C U S
Terms and Conditions
• Link to Terms:https://granicus.com/pdfs/Master_Subscription_Agreement.pdf
• This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It
is the responsibility of Stillwater, MN to provide applicable exemption certificate(s).
• Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate
the subscription.
• If submitting a Purchase Order, please include the following language: All pricing, terms and conditions of quote
Q-35507 dated 9/6/2018 are incorporated into this Purchase Order by reference.
Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also
understands the services and terms.
Stillwater, MN Billing Information
Signature:Name:
Name:Phone:
Title:Email:
Date:Address:
1
ICE CASTLES AGREEMENT
THIS AGREEMENT, is entered into as of this ____________ day of
______________________________, 2018, between the CITY OF STILLWATER, Washington County,
Minnesota (“City”), and by ICE CASTLES, LLC, a limited liability company, registered in the
State of Utah, licensed to do business in Minnesota, hereinafter referred to as (“Organizer”).
WHEREAS the City has encouraged Organizer to construct, operate, and maintain an
Ice Castle (the “Event”) at a location within the City in order to foster and promote tourism
and encourage commerce that will ultimately increase property values and the quality of life
within the City; and
WHEREAS the City is the owner of certain land in Stillwater , Minnesota, known as
Lowell Park, more particularly described in Exhibit A attached hereto and made a part
hereof, together with certain improvements thereon (collectively the “Premises”); and
WHEREAS Organizer constructs, maintains and operates castle-like structures made
of water pipes, snow and ice with walking paths inside (the “Ice Castle”). Organizer charges
visitors a fee to visit the Ice Castle; and
WHEREAS the City is willing to allow Organizer to construct, maintain and operate an
Ice Castle and its related activities within the Ice Castle structure on the Premises in
exchange for a share of the revenue and Organizer’s compliance with the terms and
conditions set forth herein.
NOW THEREFORE, in consideration of the promises herein recited and the covenants,
conditions and agreements set forth herein, Organizer and City agree as follows:
1. TERM. Operation of the Event is limited as follows:
General Term: October 2216, 2018 through March 31, 2019
Event Opening: (Weather Dependent) Hours of operation for being open to
the public shall be Sunday through Thursday from 4:00 p.m. – 10:00 p.m.,
(closed Tuesdays) and Friday – Saturday from 12:00 p.m. to 11:00 p.m.
Cleanup: (Weather Dependent) Generally: March 115, 20198 – March 31,
2018, April 3, 2019, demolish Ice Castle and move all equipment,
outbuildings, fencing and ancillary items offsite unless the Cityunless the City
is required to implement flood control measures or weather conditions will
not support the ice castle structure prior to March 31, 2018.
In the event of high water on the St. Croix River, at the City’s request, Ice
Castles will be responsible for removing an appurtenance(s) or structure(s)
that may be affected by the high water and the City’s effort in protecting the
area from high water
2
2. COMPENSATION. Organizer shall pay to the City the following amounts for use of the
Premises:
a. Base Fee: A base monthly fee (“Base Fee” [$50/day x 1617 days = $
80350]) shall be due as follows:
Amount Due: Due Date:
$201287.50 January 15, 20198
-
$201287.50 February 15,
20198
$201287.50 March 15, 20198
$201287.50 April 15, 20198
b. Attendance Fee: In addition to the Base Fee, Organizer shall pay to City
an additional $3,000 for each 10,000 visitors exceeding 50,000
(“Additional Fee”). On April 15, 20197, Organizer shall provide to City
the attendance records and payment of the Additional Fee.
3. LOWELL PARK USE. Organizer shall use the Premises only for the construction,
maintenance and operation of one Ice Castle. Organizer shall have exclusive use of
the Premises throughout the Term of this Agreement.
a. The Ice Castle structure shall be located in Lowell Park north of the
Historic Lift Bridge as shown on the attached map. Further the Ice Castle
structure shall maintain separation distances from critical Park infrastructure
as recommended by SEH Engineering firm in the attached letter and as shown
on the attached map.
b. All buildings, work shelters, storage facilities, outbuildings, etc. shall be
located above 686’ elevation for flood protection (686’ elevation contour level
shown on attached map).
3. c. All fuel tanks must be located above 686’ elevation and contained in an
enclosed structure.
4. ACCESS; SNOW PLOWING. Organizer shall be responsible for providing access to the
Premises during Organizer’s operations. A City street crosses through the Premises
and a City parking lot is situated on the Premises. City does plow the City street
consistent with the City’s standard snow plowing policy, along with the parking lot
immediately in front of the Ice Castle and Pay Structure. City does not make any
warranty or guaranty that the street or parking lot will be plowed at any given time
to allow Organizer to operate on the Premises and its guests and invitees to access
the Premises. Organizer may plow or arrange for plowing the Premises and/or the
parking lot and other parking lots within the Premises. If Organizer plows or
arranges for plowing any portion of the parking lot, Organizer shall repair any
damage done to the Premises or any other City property as provided in paragraph 21.
3
The appropriate use of warning signs, rubber mats and roughing of the ice shall be
used to address slippery conditions. Minimum application of eco-friendly salt on
walkways is allowed only during extreme weather conditions.
5. ACCESSIBILITY. Organizer shall comply with all applicable federal, state and local
accessibility requirements to ensure access to the Premises and Ice Castle by all
persons.
5.
6. SECURITY DEPOSIT. Upon execution of this Agreement, Organizer shall pay to the
City a security deposit in the amount of $25,000. The City shall retain the security
deposit and may apply the security deposit to any obligations of Organizer under this
Agreement, including but not limited to damage to Premises or payments due herein.
City shall refund any unused portion of the security deposit to Organizer within sixty
(60) days of the termination of this Agreement. If City does not return the full deposit
amount, City shall provide to Organizer an itemized accounting of any amounts
withheld, within sixty (60) days of the termination of this Agreement. The City shall
retain any interest earned on the security deposit.
7. CONDITION OF PREMISES. The Premises is not designed for the use provided for
herein. No representation, statement or warranty, expressed or implied, has been
made by or on behalf of the City as to the suitability of the Premises for use as an Ice
Castle, nor for the condition of the Premises. The taking of possession of the Premises
by Organizer shall be conclusive evidence that Organizer accepts the Premises “as is.”
In no event shall City be liable for any defect in the Premises.
8. MAINTENANCE BY CITY. The City will maintain the lower walkway along the St. Croix
River.
9. MAINTENANCE OF PREMISES BY ORGANIZER. Organizer shall keep and maintain the
Premises and all improvements in a safe, sanitary, and orderly condition, in good
repair, and shall restore and yield the same back to City upon the termination of this
Agreement in such condition and repair as shall exist at the commencement of this
Agreement including monument and planting bed. Organizer shall not damage or
cause waste to the Premises and shall maintain all areas of the Premises in a safe,
sanitary, functional and orderly condition at all times, free of refuse and objectionable
noises, odors or nuisances. Organizer shall reimburse the City for the cost of
transplanting any trees that must be moved to allow Organizer to construct the Ice
Castle.
a. Maintenance of the lower walkway caused from overspray from the Ice
Castle operation causing ice build-up on the lower walkway will be
removed by the Ice Castle’s team (assuming the lower walkway is not under
water or ice from a high-water situation).
b. Ice Castles will place a sandbag berm on the Eastern curb line of Sam
Bloomer Way to direct water to the City storm sewer system.
4
c. The overall appearance of the Ice Castle structure, outbuildings, equipment,
fencing and other ancillary items must be professional, neat and orderly
throughout the setup, operation and cleanup of the Ice Castle event. The
City may require additional screening or cleanup by Ice Castles, Inc. at its
expense if the appearance is disorderly and unkempt creating a safety or
nuisance concern.
b.d. Upon final removal of all ice and related structures, all Ice Castles, Inc. shall
remediate and restore Lowell Park premises and infrastructure to such
condition as existed at commencement of the Agreement. A list of
contractors engaged by Ice Castles, Inc. to provide Lowell Park remediation
must be provided to the City by April 30, 2019. If Ice Castles, Inc. fails to
act in a timely fashion, the City reserves the right, at its discretion, to
remediate and restore Park to condition as existed at commencement of the
Agreement and bill Ice Castles, Inc. for invoice costs plus City overhead
costs of such projects.
10. SUPERVISION. Organizer shall be responsible for providing all supervision of
Organizer’s employees, agents and visitors on the Premises. Organizer shall be
responsible for ensuring that all employees, agents and visitors, while using the
Premises, follow any and all federal, state and local laws, regulations, ordinances and
policies. In addition, Organizer shall be responsible for the safety and behavior of all
employees, agents and visitors, including but not limited to safety, noise, and
objectionable actions.
11. FOOD. Organizer may provide food for sale at the Premises, or subcontract the same,
but all food service and food vendors must be approved by the Washington County
Health Department and any applicable County permit must be obtained and a copy
provided to the City.
12. ALCOHOL. No alcohol shall be served within the Premises without appropriate
licensure issued by the City.
13. SIGNS. Organizer may place signage on the Premises for advertising and directions.
All signage must be in compliance with the City Code and ordinances, and be
approved in advance by the Community Development Department.
14. ALTERATION OR IMPROVEMENT; LIENS. All structures and equipment installed on
the Premises shall be approved in advance by the City, and Organizer shall obtain any
required permits or licenses, including building and electrical permits, necessary for
such structures or equipment. Any alterations, additions and improvements which
may be made or installed by Organizer, shall be removed from the Premises upon the
earlier of termination of this Agreement, if the Agreement is terminated prior to the
end of the Term, or the end of the Term. If Organizer fails to remove any alterations,
additions, improvements, equipment or personal property upon termination of this
Agreement, City may remove and dispose of such items in City’s sole discretion and
use the Security Deposit to reimburse itself for all such costs. If the Security Deposit
is not sufficient to pay such costs, City shall invoice Organizer for the costs in excess
5
of the Security Deposit and Organizer shall pay such invoice within fifteen (15) days
of receipt. Organizer covenants and agrees to keep the Premises and improvements
situated thereon free and clear of any and all liens in any way arising out of the use
thereof by Organizer and will defend and indemnify and save City harmless from any
and all such liens which may arise by reason of alterations or improvements made by
Organizer. If any mechanic’s lien is filed against any part of the Premises for work
claimed to have been done for, or materials claimed to have been furnished to,
Organizer, such mechanic’s lien shall be discharged by Organizer within ten (10) days
thereafter, at Organizer’s sole cost and expense, by the payment thereof or by making
any deposit required by law. Failure of Organizer to have the lien discharged shall
constitute a default under this Agreement.
15. RIGHT TO ENTER. City, its agents and representatives may at any and all reasonable
times during the day and night, upon reasonable notice to Organizer, enter to view
and inspect the Premises, and to clean and maintain the same, or to make repairs, or
to make such improvements or changes in the Premises as City may deem proper.
Should such repairs, improvements, or changes need to be made, the City shall
coordinate with Organizer so as not to disrupt Organizer’s use of the Premises. There
shall be no diminution of compensation payable to Organizer and Organizer hereby
releases City of all liability, claims, losses, suits, damages, and injuries, by reason of
inconvenience, annoyance or injury to business on account of any such entry or acts
by City, its agents or representatives.
16. POLICE POWER. The City reserves the right to order a shutdown of the Event in the
event the Chief of Police determines, in his sole discretion, that the public safety is
threatened or any condition of this Agreement is violated. If requested by the Chief
of Police, the Organizer will assist the police in the clearing of the Premises.
17. SECURITY. Organizer and City shall confer with the Chief of Police as to the
advisability of closing the Levee Road (Lowell Park) and the Organizer shall hire any
security personnel/police personnel that the Stillwater Police Chief requires. Should
the City have to hire outside agencies, the City will invoice the Organizer for any
additional costs.
18. ASSIGNMENT OR SUBLET. Organizer shall not sublet the whole or any part of the
Premises, or assign all or any part of its present interest in this Agreement, without
first obtaining the written consent of City to any such sublease or assignment, which
consent may be withheld in the City’s sole discretion. Independent subevents require
separate approval by the City.
19. CITY SERVICES. The type and amount of the materials specifically noted in this
Section 18 that are needed for the Event, will be determined by the Public Works
Superintendent. The Organizer shall be required to provide portable toilets to
augment the existing facilities, barricades for street closure, trash removal, and
electricity for vendors. The Organizer may contact the City to arrange rental of
materials and will be charged for use according to the City of Stillwater policies.
a. Portable Toilets. The Organization must furnish at least four (4)
portable restrooms, with hand sanitizing, to facilitate expected crowds,
6
at least one of which shall be handicap accessible. Additional portable
restrooms must be provided by the Organizer if deemed necessary to
protect public health as determined by the Public Works Department.
b. Barricade Placement.
i. The Organizer shall place reflective standard barricades no later
than 8:00 a.m. on November 1, 2017, at the parking lot
entrances as designated by the Public Works Department. This
will inform users of the parking lot closure for the Event.
ii. The Organizer shall place Type III barricades on Sam Bloomer
Way south of the bridge at Chestnut Street, and on Myrtle Street
east of the parking lots where the Ice Castle is located.
c. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off
boxes and trash receptacles in sufficient quantity to contain the
accumulation of trash generated by the Event. The Organizer shall
make certain that all trash is picked up daily during and after Event.
The Organizer shall remove any excessive garbage that does not fit
within the receptacles and dispose in trash dumpsters. The City
reserves the right to require additional receptacles should the
Organizer not remove excess garbage from the Event.
d. Tree Relocation. The Organizer shall reimburse the City for the
relocation and installation of a new tree affected by the Ice Castle on
the premises.
e. Electrical Line. The Organizer shall be responsible for all costs to
remove, relocate and/or replace the electrical line from the power pole
at Myrtle Street to the gazebo.
f. Temporary Work Site. The City will provide a temporary work site at
the Lily Lake Park storage facility or alternative location, for the
Organizer to complete preliminary fabrication and construction of its
containers/trailers that will be placed at Lowell Park for the Event.
g. Utility Walk-Through. The Organizer shall contact the Public Works
department to walk through the Premises to consider irrigation and
electrical locations, City utilities and other infrastructure prior to
installation/construction of the Ice Castle.
h. Electricity.
i. Each electrical box needed for the Event will be opened by the
City on October 16, 2016. The Organizer shall be charged a base
7
fee of $20/electrical box, plus the actual cost of electricity used
for the duration of the event.
ii. Organizer agrees to meet with the City and/or the State
electrical inspector a minimum of 1 week prior to the opening
of the Event to ensure all vendors using electrical service
comply with the Minnesota Electrical Code. Inspection costs (if
any) shall be the Organizer’s responsibility.
i. Parking Lot Use. City Parking Lot #5 shall be available for use by the
Organizer from November 1, 2017 to March 31, 2018 at a fee of $
1,585.50 [$1.50/parking space/day x 7 spaces x 151 days]. The
Organizer shall promote the use of the City parking ramp in its
advertising media.
j. Water. The Organizer shall pay the bulk water rate of $2.00/1,000
gallons for water usage from the fire hydrant located at the corner of
Myrtle Street and Parking Lot #5 with a maximum volume use of 11
million gallons, per direction from the Board of Water Commissioners.
Water charges shall be billed separately and payable to the Board of
Water Commissioners. The Water Department shall not be liable for
water loss due water main break or repair to the distribution system.
k. Public Safety. The Organizer and the City shall meet and confer to
mitigate public safety risks as determined by the Stillwater Police or
Fire Departments that are due to traffic control, public safety or health
hazards generated by the Event activities,
l. Cleanup/Removal.
Organizer shall remove lights and as much power dmx as possible,
demolish the remove all Ice Castle with trackhoe and remove ice to
within 4-6 feet of the ground surface (deposit in St. Croix River as
allowed or move offsite), remove all out outbuildings, construction
materials, equipment, and other ancillary items by April 3, 2019March
31, 2018;, and shall also remove Ice Castle structure from Myrtle
Avenue and Sam Bloomer Way by April 15, 2018, unless weather
conditions do not allow the removal of the ice castle structure and out
buildings, in which case Organizer shall remove the items promptly as
possible once the weather allows.
i. Organizer shall remove trash, additional trash enclosures each
day of the event. If the above items are not removed as stated
above, the Organizer will reimburse the City for costs incurred
in removing the items.
8
20. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no
camping in Lowell Park or any City parking lots.
a. The Organizer agrees that any vendor using cooking facilities will be
inspected for safety by the Stillwater Fire Department and Washington
County Health Department. Inspection costs (if any) shall be paid for
by the Organizer directly to the agency/person doing the inspection.
b. The Organizer agrees to ensure that all vendor’s waste water be
discharged into a holding tank approved by Washington County Health
Department. Vendors without an approved holding tank shall
discharge into grey water barrels provided by the Organizer. Disposal
costs are the responsibility of the Organizer. For no reason shall grey
water barrels or holding tanks be disposed into the City’s Sanitary or
Storm Systems.
21. DAMAGE. If it is established that any portion of the Premises, surrounding landscape,
or parking lot is damaged by the act or failure to act of Organizer, its employees,
agents, or visitors during the term of this Agreement, beyond normal wear and tear,
Organizer shall be responsible to repair the damage in accordance with direction
provided by the City. If Organizer fails to repair the damage, City may terminate this
Agreement and repair the damage. In such event, City may reimburse itself for such
expense from the Security Deposit. If the Security Deposit is insufficient, City may
invoice Organizer for the cost of repairing such damage not covered by the Deposit,
which invoice Organizer shall pay within fifteen (15) days of receipt.
22. INDEMNIFICATION. Organizer shall assume all risks incident to or in connection with
the uses of the Premises, and shall be solely responsible for all accidents or injuries
of whatever nature or kind to persons or property caused by its operations on the
Premises, including plowing as set forth in paragraph 4, and shall indemnify, defend
and save harmless City, its officers, agents, employees, contractors and
representatives, from any penalties for violation of any law, ordinance or regulation
affecting its operations, and from any and all claims, suits, losses, damages or injuries
to persons or property of whatsoever kind or nature arising directly or indirectly out
of Organizer’s uses of the Premises, or resulting from the acts or omissions of
Organizer, or any of its agents or employees.
23. INSURANCE. Organizer shall maintain in force during the entire Term of this
Agreement the following insurance:
a. General liability insurance for both personal injury and property
damage as follows:
i. Commercial General Liability in the amount of $1,500,000 on
each occurrence
ii. General Aggregate $2,000,000
9
b. A policy or policies insuring the Premises against loss by fire and other
perils in the amount of the full insurable value thereof.
c. Such insurance as will protect Organizer from claims under the
Worker’s Compensation Acts and from claims for bodily injury, death,
or property damage.
All such insurance shall name the City as an additional insured. All such insurance
shall be effective under a valid and enforceable policy or policies, with terms
acceptable to City, issued by an insurer of recognized responsibility approved by
City upon submission of the policy or policies to City at least ten (10) days prior to
the effective date or any renewal date as the case may be.
24. TAXES AND UTILITIES. Organizer shall be responsible for and shall pay all the special
assessments, taxes on equipment, furnishings, fixtures, and property placed on the
Premises, if any, and shall pay promptly any and all utilities used by it on the Premises
for the duration of the Term of this Agreement. Organizer shall be permitted to
connect to the fire hydrant adjacent to the Premises that is located on Myrtle Street.
Organizer shall be permitted to connect to the power boxes located adjacent to the
Premises. All such connections and use shall comply with all federal, state, and local
laws, regulations, and ordinance.
25. DEFAULT AND TERMINATION. Any one of the following events shall constitute an
Event of Default:
a. Organizer shall fail to pay any amount due as herein provided, and such
default shall continue for a period of fifteen (15) days after the due date
therefore;
b. Organizer shall violate or fail to perform any of the other conditions,
covenants or agreements herein made by Organizer and such default
shall continue for fifteen (15) days after notice from City; provided,
however, that if the nature of such default is such that Organizer can
cure the default, but not within fifteen (15) days, then the Event of
Default shall be suspended for a period not in excess of thirty (30)
additional days so long as Organizer commences cure within fifteen
(15) days and thereafter diligently and continuously prosecutes the
curing of the default, and so long as continuation of the default does not
create material risk to the Premises or to persons using the Premises;
c. Upon any such Event of Default, City shall provide written notice to
Organizer detailing the Event of Default. If Organizer fails to cure the
Event of Default within the provided time, this Agreement shall
automatically terminate. Under no circumstances shall any fees or
charges, including prepaid fees, be refunded to Organizer.
10
26. WAIVER. The failure of the City at any time to require performance of Organizer of
any of the provisions hereof shall in no way affect the right of City thereafter to
enforce the same, nor shall the waiver by City of any breach of any of the provisions
hereof be taken or held to be a waiver of the provision itself.
27. APPLICATION FOR SPECIAL EVENT. The Application for the Event as submitted by
the Organizer is considered part of this Contract and any representations of the
Organizer or conditions included in the application are hereby included as part of this
agreement.
28. NOTICE. All notices required herein shall be in writing and delivered personally, or
by certified mail return receipt to the address as shown below and, if mailed, are
effective as of the date of mailing:
Organizer: City of Stillwater:
Ice Castles, LLC City Administrator
Attn: Kyle Standifird 216 4th Street N.
1054 East 300 North Stillwater, MN 55082
American Fork, Utah 84003
29. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc.,
given to, or prepared or assembled by Organizer under this Agreement which the City
requests to be kept confidential, shall not be made available to any individual or
organization without the City’s prior written approval. The books, records,
documents and accounting procedures and practices of Organizer or other parties
relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective
date of this Agreement. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Organizer in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Organizer shall comply with
those requirements as if it were a government entity. All subcontracts entered into
by Organizer in relation to this Agreement shall contain similar Data Practices Act
compliance language. All data and information provided by Organizer under the
terms of this Agreement will be kept confidential, if that classification of the data
would be permitted under the MN Data Practices Act.
30. NON-DISCRIMINATION. During the performance of this Agreement, Organizer shall
not discriminate against any employee or applicant for employment because of race,
color, creed, religion, national origin, sex, and marital status, status with regard to
public assistance, disability, sexual orientation or age. Organizer shall post in places
available to employees and applicants for employment, notices setting forth the
provision of this non-discrimination clause and stating that all qualified applicants
will receive consideration for employment. Organizer shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in
11
all subcontracts for program work. Organizer further agrees to comply with all
aspects of the Minnesota Human Rights Act, Minnesota Statutes §363.01, et. seq., Title
VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
31. DAMAGES. In the event of a breach of this Agreement by the City, Organizer shall not
be entitled to recover punitive, special or consequential damages or damages for loss
of business.
32. ENFORCEMENT. Organizer shall reimburse the City for all costs and expenses,
including without limitation, attorneys’ fees paid or incurred by the City in connection
with the enforcement by the City during the Term of this Agreement, or thereafter of
any of the rights or remedies of the City under this Agreement.
33. AGREEMENT. This Agreement embodies the entire understanding of the parties with
respect to the subject matter hereof and shall not be amended or modified except in
writing signed by the parties. No representations, warranties, undertakings, or
promises, whether oral, implied, written, or otherwise, have been made by either
party hereto to the other unless expressly stated in this Agreement or unless mutually
agreed to in writing between the parties hereto after the date hereof, and neither
party has relied on any verbal representations, agreements, or understandings not
expressly set forth herein. This is a Minnesota contract and shall be construed
according to the laws of Minnesota.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the day and year
aforesaid.
ICE CASTLES, LLC
By_________________________________
Its________________________________
City of Stillwater
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of ________________,
20187, by _____________________ and ________________________, the ____________________ and
___________________, respectively of Ice Castles, LLC, a limited liability company, registered in
the State of Minnesota, on behalf of the company.
______________________________
Notary Public
12
13
CITY OF STILLWATER
______________________________
Ted Kozlowski, Mayor
_______________________________
Diane F. Ward, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day of _______, 20187, by
Ted Kozlowski and Diane F. Ward, respectively as the Mayor and City Clerk, of the City of
Stillwater, a Minnesota municipal corporation, on behalf of said corporation.
____________________________
Notary Public
14
Exhibit A
15
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!(0 50 10025
Feet $Utilities
Sanitary Pipe
Storm Pipe
Approximate footprint of Ice Castle
No ice outside the perimeter
2018 Ice CastlePerimeter
Promoter responsible for damage to utilities, turf, concrete, street monument, and planter
Gazebo
TextIn place Utilities
Text30' from Sanitary Sewer
Text20' From upper wall
Text20' from Storm Sewer
Text20' from Gazebo
686' Contour
~.
SEH
Building a Better World
for All of Us "
TO :
FROM :
DATE :
RE :
PURPOSE
Shawn Sanders, Director of Public Works
Ronald B. Farmer, PE
September 20 , 2018
2018-19 Ice Castle Settlement
SEH No . STILL 134391 14 .00
MEMORANDUM
As requested by Shawn Sanders, City Engineer, this memorandum identifies City infrastructure in the area in
which the Ice Castle proposes to expand for the winter of 2018-2019 and also identifies possible impacts to that
infrastructure due the weight of the ice and resulting settlement.
A site visit was conducted on September 9, 2018; and it was observed that underground utilities had been marked
in the vicinity of the gazebo and in the area of the proposed Ice Castle Expansion .
SITE INFRASTRUCTURE
Figure 1 is an aerial view of the melted 2017-2018 ice castle (white) and the proposed 2019 ice castle footprint ,
including the expansion to the north, shown as a blue line. The expansion is an approximately 80-foot expansion
to the north. Figure 2 is taken from the Army Corps of Engineers Stage 3A Flood Control Project along the
Stillwater waterfront , and it highlights : 1) Existing utilities, 2) The approximate limits of the 2017-2018 Ice Castle,
3) The approximate limits of the proposed 2018-19 Ice Castle, and 4) Soil borings in the area.
INFRASTRUCTURE IMPACTS
As seen on Figure 2, the 2017-18 Ice Castle extended across Myrtle Street and potentially impacted existing
storm sewer and watermain adjacent to Myrtle Street , as well as an east-west storm sewer line at the northern
end of the Ice Castle footprint. The proposed 2018-19 extension to the north has the potential to impact add itional
storm sewer infrastructure, including a catch basin in the park and its connecting storm sewer connections (See
Photo #1 ). The proposed 2018-19 extension also bulges out to the west at its northern end and is approaching
the 30-inch sanitary sewer forcemain, although will likely not extend over it. The proposed Ice Castle extension
does not appear to have the potential to impact the Commercial Street storm sewer outfall located further to the
north .
SOIL CONDITIONS
Soil borings in the area include 83-2M, 05-24M . Borings 83-2M and 05-24M were completed for the Stillwater
Flood Control Projects and provide gee-structural information to substantial depth, including SPT blow counts
(N-values). Boring logs of Borings 83-2M and 05-24 Mare included on Figures 3 and 4 respectively . Borings
SEH -22 and SEH-24 were shallow borings completed for environmental purposes and do not provide any
substantive geotechnical information.
Engineers I Architects I Planners I Sc ientists
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive , St Paul. MN 551 10-5196
SEH is 100% employee-owned I sehinc.com I 651 490 2000 I 800 .325 .2055 I 888 .908 8166 fax
2018-19 Ice Castle Settlement
September 20 , 2018
Page 2
Borings 83-2M and 05-24M indicate that the upper 35 feet of material (soils) include very loose sandy fill with
rubble; containing bricks , pieces of wood, glass, organic material, weathered rock fragments, and sawdust. SPT
N-values in Boring 83-2M range from 2 to 7; N-values in 05-24M range from 1 to 3.
Based on the characteristics of the fill, it is not feasible to precisely predict settlements due to loads imposed by
structures. However, it can be stated that these fill materials are likely to compress under the weight of various
loads, including loads from an Ice Castle .
Also, it should be noted that, north of the gazebo there is a highly compressible silt layer located from 25 to 55
feet below the normal river level that extends from near the gazebo to Mulberry Point. This layer necessitated
construction of a 10-foot to 15-foot high surcharge along the riverfront, prior to construction of the new riverfront
walls in Stage 2 of the riverfront project, to minimize settlement of the upper riverfront wall, which is on a shallow
foundation. (The lower wall is founded on deep sheet piling.) The surcharge stopped 50 feet north of the gazebo
so that settlement due to the surcharge would not adversely affect the gazebo . Light-weight fill was used behind
the upper riverfront wall in this 50-foot zone to minimize settlement of the riverfront wall and gazebo.
ICE CASTLE LOADING AND GROUND SETTLEMENT
Based on water usage records from the 2017 -18 Ice Castle construction , approximately 1.6 million gallons were
used . At 8.34 pounds per gallon , the weight of the Ice Castle was 133 million pounds. The ice castle footprint was
approximately 370 feet by 100 feet , or 37,000 square feet. Thus, the Ice Castle load was approximately 360
pounds per square foot (psf), average, but would have been more concentrated (higher) along the perimeter walls
and at the locations of interior ice features. The 360 psf average load (or higher) would likely have induced minor
ground-surface settlements and minor settlement of subsurface infrastructure. It should be noted that the
pressure caused by the surcharge fill for the Stage 2 riverfront construction was on the order or 1200 psf to 1800
psf. So , the Ice Castle load is about one fourth of the construction surcharge load, which was limited to an area
near the river front retaining wall and did not extend into all of Lowell Park .
OBSERVATIONS, CONCLUSIONS AND RECOMMENDATIONS
1. The previous Ice Castle(s) likely induced settlement of subsurface infrastructure such as storm sewer
elements and watermain(s) due to the presence of very loose, sandy, rubble fill subsurface conditions that
extend to depths of about 35 feet below existing grade . However, to date, those settlements may not have
adversely affected the performance of those infrastructure elements.
2. Extension of the Ice Castle to the north (by about 80 feet) will likely result in minor surface settlements and
settlement of additional storm sewer infrastructure. The Ice Castle may temporarily block surface water
drainage to an existing beehive catch basin in Lowell Park (See Photograph #1) during spring melt.
3 . The Ice Castle acts as a temporary surcharge each year it is constructed and settlements due to that load can
be anticipated . Due to the engineering characteristics of the rubble fill and compressible organic silt soils in
the area , minor surface settlement of up to a few inches can be anticipated by loads imposed by the new Ice
Castle extension ; and settlement can be anticipated even in areas occupied by previous Ice Castles , but may
not be as extensive.
4 . In order to minimize the potential for settlement of the upper riverfront wall , it is recommended that the Ice
Castle remain a minimum of 20 feet away from the upper riverfront wall, and gazebo as well.
5 . Previous operations of the Ice Castle maintained a suitable distance from the Sam Bloomer Way retaining
wall that extends from the Historic Bridge Abutment and no adverse effects have been noted to that retaining
wall as a result of the Ice Castle or its operations. If similar Ice Castle operations (and its location) are utilized
for 2018-19, we would not anticipate adverse effects to that retaining wall .
6 . The proposed Ice Castle extension does not extend to the Commercial Street storm sewer outfall and
appears to stay about 40 feet away from that infrastructure , which is considered acceptable . These large
shallow pipes would be vulnerable to damage from the weight of the ice castle , and the load must be kept
away from them . It is recommended that Ice Castle construction equipment maintain a minimum 20-foot clear
zone from the outfall pipes. In addition, it is recommended that the storm sewer outfall pipe alignment(s) be
field located and marked before Ice Castle construction begins.
2018-19 Ice Castle Settlement
September 20, 2018
Page 3
7. The proposed Ice Castle extension footprint is approaching the alignment of the 30-inch diameter sanitary
sewer forcemain (see Photograph #2 -alignment is green mark on curb), which is a vital infrastructure
element within the City. It is recommended that the forcemain alignment be remarked before Ice Castle
construction and that the Ice Castle footprint maintain a minimum 20-foot clear zone from the forcemain
alignment.
dmk
Attachments:
Photos:
Photo #1 -Beehive Storm Sewer Catch Basin in Lowell Park (Looking East)
Photo #2 -30-inch Sanitary Forcemain Alignment (Looking North)
Figures:
Figure 1 -2018-19 Ice Castle Area Plan View
Figure 2 -City Infrastructure -Ice Castle Area
Figure 3 -Soil Boring 83-2M
Figure 4 -Soil Boring 05-24M
c: J. Johnson (SEH)
S:IPT\S\Still\Common\lce Castle Site Evaluation\2018\Memo\lce Castle Settlement Memo (Rev 9_20_ 18).docx
Beehive Storm Sewer Inlet (Looking East)
Photo 2 Sanitary Forcemain Alignment (Looking North)
s:\pt\s\slill\common\ice castle sile evaluation\2018\memo\photo 1 & 2 docx
_k.
SEH
FIGURE 1-2018-19 ICE CASTLE AREA PLAN VIEW
ORDINANCE 1114
AN INTERIM ORDINANCE PROHIBITING SUBDIVISION OF LOTS
IN SPRINGCREEK AND BOUTWELL VALLEY ESTATES
WHEREAS, many cities adopt interim ordinances or regulations on aspects of planning
and zoning regulations to consider the impacts of certain uses and development patterns and to
determine whether the regulations surrounding such uses and patterns are appropriate in order to
protect the public health, safety and welfare of their citizens; and
WHEREAS, the City of Stillwater is undertaking a study to consider changes to its Zoning
Ordinance and City Code regarding appropriate zoning regulations for the Minar Neighborhood.
NOW, THEREFORE, pursuant to Minnesota Statutes, Section 462.355 subdivision 4, the
City Council of Stillwater does ordain:
SECTION 1. No applications or authorizations related to subdividing or rezoning lots in the
Minar Neighborhood (Minar Neighborhood is shown as the shaded area in the map below) shall
be accepted, considered, approved, authorized or consented to for twelve (12) months from the
effective date of this ordinance or until the City Council rescinds this ordinance, whichever occurs
first.
SECTION 2. City Staff is directed to gather information, study alternatives and make a
recommendation on how the Zoning Ordinance and City Code need to be amended to better protect
public health, safety and welfare of the residents of the Minar Neighborhood.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after its passage and publication according to law.
Enacted by the City Council of the City of Stillwater this 2nd day of October, 2018.
CITY OF STILLWATER
_______________________________
Ted Kozlowski, Mayor
ATTEST:
______________________________
Diane F. Ward, City Clerk
Date: September 28, 2018
TO: Mayor and Council
FROM: Tom McCarty, City Administrator
Diane Ward, City Clerk
SUBJECT: Harvest Fest Request
Mr. Cory Buettner, Summer Tuesdays, Inc. has requested a waiver of the base fee of $500 per day for the Harvest
Fest Event held on October 13th and 14th (see attached)
The fees adopted by the City Council for special events are as follows:
Event Special Event Special Event With Contract
No event base fee required $500 per day* Base Fee $500* per day* (Replaces Park
Impact Fee) Base Fee subject to
negotiated contract provisions.
Events with Routes – No
participant fee required
Events with Routes – $1
per registered participant
Events with Routes – $1 per
registered participant
$100 refundable damage
deposit if using a park
$1,000 Security Deposit $1,000 Security Deposit subject to
negotiated contract provisions.
*Per Day includes each day of event. Separate load-in day fee of $500/day will apply.
The base fee replaced the Park Impact Fee of $500 (no matter how many days of the event) that was previously
chaarged to events held in the park. The adopted Special Event Policy changed the one-time $500 park impact fee
to $500 per day however the fee may be negotiated if it is with a contract. For the Council’s information, below
are the fees paid by Summer Tuesdays, Inc. DBA: Harvest Fest in 2017 and proposed for 2018.
Description 2018 2017
Application Fee $ 100.00 $ 100.00
Liquor License $ 50.00 $ 50.00
Consumption Permit $ 70.00 $ 70.00
Amphitheater $ 250.00 $ -
Electrical boxes $ 160.00 $ 320.00
Portapotties $ 480.00 $ 1,150.00
Extra Service on portapotties $ 200.00 $ -
Parking lots Usage $ 385.50 $ 688.50
Officers
$ 1,909.44 (venue wide
alchohol consumption) $ 1,080.00 (beer tent)
Reserves $ 270.00 $ 420.00
Event Base Fee (was Park Usage Fee) $ 1,000.00 $ 500.00
Load in Fee $ 500.00 (cover staff time) $ -
Barricades & Traffic Control $ TBD (usually $20.00) $ 2,027.40*
Turf Restoration & Power Line
$ TBD (power line not using
due to location change) $ 825.00
Deposit $ 1,000.00 $ 800.00
Total $ 6,374.94 $ 8,030.90*
*State required barricades for use of Chestnut Street passed on to the organizer
RECOMMENDATION:
Staff’s recommendation is to deny the waiver based on the adopted special event fees. However, If a fee waiver is
granted, staff recommends that a $500 be charged to be consistent with other 1 day events that will pay $500 to
use the park.
ACTION REQUIRED:
Review the request, provided information and provide staff direction on the request.
Diane Ward
Subject: Waiver of Fee for Stillwater Harvest Fest and Alcohol Signage
From: Cory Buettner [mailto :corybuettner@gmail.com]
Sent: Thursday, September 27, 2018 10:18 AM
To: Diane Ward <dward@ci.stillwater.mn.us>; Tom McCarty <tmccarty@ci.stillwater.mn.us>
Subject: Waiver of Fee for Stillwater HarvestFest and Alcohol Signage
Hello Ms. Ward and Mr. McCarty,
Summer Tuesdays, Inc requests a waiver of the base event fee for our event Stillwater HarvestFest. Summer
Tuesdays, Inc is a non-profit organization that produces this free family fun event for the community. It is
operated by local business owners and residents. For the past 10 years this event has brought Stillwater residents
and visitors to downtown for a giant pumpkin weigh-off~ a market, live music , and a ton giant pumpkin
fun. This year we have been recognized as one of the top 10 Fall Events by 3 Minnesota media
organizations. Some of the videos from the event have reached 1 O's of thousands of people via social
media. We operate on a break e ven budget with a '·rainy day fond" that ensures our continuation. For these
reasons we ask that the City of Stillwater waive the base event fee .
1
MEMORANDUM
To: Mayor and City Council
From:
Date:
Shawn Sande/sffiirector of Public Works
September 27, 2018
Subject: Lily Lake Fishing Pier
DISCUSSION
Earlier this summer, city staff met with Minnesota Department of Natural Resources (DNR)
about the condition of the Lily Lake fishing pier. The pier was constructed over 30 years ago
with treated wood and the decking and the rails are rotted and deteriorated to point where the
pier should be replaced. The DNR has indicated that they would be willing to furnish to the City
all materials to replace the fishing pier including wood, floats and hardware as long as the City
agrees to construct and maintain the pier. It was estimated by the DNR that the material
replacement cost alone is in excess of $30,000.
In talking to Tim Moore, Public Works Superintendent, about reconstructing the pier, he felt the
task was too large for city crews to do and hiring a contractor is the best option. Preliminary cost
for this work is $12,000. This work was not accounted for in our budget and staff is requesting
funds from the Park Dedication Funds be used to pay for the construction of the pier. If the City
were to proceed, the DNR is requesting the City enter in a Land Use, Operations and
Maintenance Cooperative Agreement for the fishing pier. The agreement has been reviewed by
the City Attorney.
RECOMMENDATION
City staff recommends Council consider the project and if agreeable, enter into the Lily Lake
Fishing Pier Land Use, Operations and Maintence Cooperative Agreement between the State of
Minnesota and the City of Stillwater, and approve the release of Park Dedication Funds to pay
for the construction.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion adopting
RESOLUTION 2018-APPROVING AGREEMENT BETWEEN THE ST ATE OF
MINNESOTA AND THE CITY OF STILL WATER FOR THE LILY LAKE PUBLIC
FISHING PIER LAND USE, OPERA TIO NS AND MAINTENANCE COOPERATIVE
AGREEMENT.
LILY LAKE PUBLIC FISHING PIER
LAND USE, OPERATIONS AND MAINTENANCE COOPERATIVE AGREEMENT
BETWEEN
THE STATE OF MINNESOTA AND THE CITY OF STILLWATER
This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department
of Natural Resources, hereinafter referred to as the "State" and the City of Stillwater hereinafter referred to as
the "City".
WITNESSETH:
WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota
Statutes Section 97 A.141 to provide public access sites on lakes and rivers where access is inadequate; and
WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into
Agreements to jointly or cooperatively exercise common powers; and
WHEREAS, the City owns certain land described on Lily Lake in Washington County, which is attached and
incorporated into this Agreement as Exhibit A, upon which a Fishing Pier, hereinafter referred to as "Fishing
Pier", is located; and
WHEREAS, the City and the State have determined this Fishing Pier improvement on Lily Lake is of high priority
under the state public water access program; and
WHEREAS, the State is willing to assist in the rehabilitation of a Fishing Pier in Lily Lake; and
WHEREAS, the City will operate and maintain the Fishing Pier Facilities located on Lily Lake, hereinafter referred
to as "Facilities"; and
WHEREAS, a resolution authorizing the City to enter into this Agreement is attached and incorporated into this
Agreement as Exhibit B; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the public bodies hereto and for the
benefit of the general public, the parties agree as follows:
I. STATE'S DUTIES AND RESPONSIBILITIES
a. The State will encumber funds for the Fishing Pier supplies, including, but not limited to lumber,
floats, and other supplies necessary for the rehabilitation of the Fishing Pier, hereinafter
referred to as "Supplies", through the standard internal purchasing process including, but not
limited to, a separate requisition request.
b. The State shall provide technical expertise and equipment, when feasible, and installation of the
rehabbed Fishing Pier.
c. The State shall assist the City with this one-time major structural repair to the Fishing Pier
subject to the availability of funding according to the provisions of Article Ill.
II. CITY'S DUTIES AND RESPONSIBILITIES
a. The City shall retain ownership of the Fishing Pier.
b. The City will ensure that the Facilities meets or exceeds ADA requirements. An accessible
sidewalk/path needs to connect the Fishing Pier to an accessible parking space and will have less
than a 5% gradient and 2% cross slope.
Page 1 of6
Ill. FUNDING
The State shall provide funding for its responsibilities under Article I (a), (b), and (c) above through
the standard internal purchasing process including, but not limited to, a separate requisition in which
funds will be encumbered. The total obligation of the State for the Facility under Article I (a) is
limited to the amount of funds legislatively appropriated and administratively allocated to this
project.
IV . LIABILITY
Each party agrees that it will be responsible for its own acts and the results thereof to the extent
authorized by the law and shall not be responsible for the acts of the other party and the results
thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by
Minnesota Statutes Sections 466.01-466.15, and other applicable law.
V. TERM
a. Effective Date: October 1, 2018, or the State obtains all required signatures under Minnesota
Statutes Section 16C.05, Subdivision 2, whichever is later. The City shall not begin work under
this Agreement until it is fully executed and the City has been notified by the State's authorized
representative to begin the work.
b. Expiration Date: December 31, 2018.
VI. AUDIT
Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting
procedures and practices of the City relevant to the Agreement shall be subject to examination by
the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum
of six years from the end of this agreement.
VII. ANTITRUST
The City hereby assigns to the State any and all claims for overcharges as to goods and/or services
provided in connection with this Agreement resulting from antitrust violations that arose under the
antitrust laws of the United States and the antitrust laws of the State of Minnesota.
VIII. CANCELLATION
This Agreement may be cancelled by the State at any time with cause or as necessary as provided in
Article Ill, upon thirty (30) days written notice to the City.
This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota
Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow
for services covered under this Agreement. The State will notify the City by written notice. The State
will not be obligated to pay for services provided after the notice is given and the effective date of
cancellation. The State will not be assessed any penalty if the Agreement is cancelled because of a
decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary
funds. The State shall provide the City notice of lack of funding within a reasonable time of the
State's receiving that notice.
IX. GOVERNMENT DATA PRACTICES
The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City under this agreement.
X. PUBLICITY AND ENDORSEMENT
Any publicity regarding the subject matter of this Agreement must identify the State as the
Page 2 of6
sponsoring agency and must not be released without prior written approval from the State's
Authorized Representative. For purposes of this provision, publicity includes notices, informational
pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the
City individually or jointly with others, or any subcontractors, with respect to the program and
services provided from this Agreement.
XI.COMPLETE AGREEMENT
This Agreement, and amendments, constitutes the entire Agreement between the parties. Any
amendment to this Agreement must be in writing and will not be effective until it has been executed
and approved by the same parties who executed and approved the original Agreement, or their
successors in office.
XII.OTHER TERMS AND CONDITIONS
NOTICES: Any notice, demand or communication under this Agreement by either party to the other
shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid to:
The State
Minnesota Department of Natural Resources
Division of Parks and Trails, Area 38 Supervisor
1200 Warner Road
St. Paul, MN 55106
The City
City of Stillwater
Public Works Department
216 4th St N
Stillwater, MN 55082
IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound
thereby.
DEPARTMENT OF NATURAL RESOURCES
By: _______________ _
Title:------------------
Date: _________________ _
DEPARTMENT OF ADMINISTRATION
Delegated to Materials Management Division
By: ________________ _
Title:------------------
Date: _________________ _
(Effective Date)
STATE ENCUMBERANCE VERIFICATION
Individual certifies that funds have been encumbered
as req. by Minn. Stat. 16A.15 and 16C.05.
Page3of6
CITY OF STILLWATER
B y:
Title: ---------------
Date: ______________ _
CITY OF STILLWATER
B y: ____________ _
Title:
Date: ---------------
Ted Kozlowski, Mayor
October 2, 2018
October 2, 2018
Diane F. Ward, City Clerk
Signed :
Date : ------------------
Contract: ________________ _
Page 4 of6
PID 33.030.20.22.0016
PID 33.030.20.22.014
EXHIBIT A
Page 5 of6
EXHIBIT B
COPY OF THE RESOLUTION OF THE CITY COUNCIL
(ATTACHED)
Page 6 of6
APPROVING AGREEMENT BETWEEN THE STATE OF MINNESOTA
AND THE CITY OF STILLWATER FOR THE LILY LAKE PUBLIC
FISHING PIER LAND USE, OPERATIONS AND MAINTENANCE
COOPERATIVE AGREEMENT
WHEREAS, a cooperative agreement listing each agencies duties and responsibilities for the
improvement to the Lily Lake public fishing pier in the City of Stillwater has been prepared and
presented to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA that the agreement presented to Council and on file with the
office of the City Clerk is hereby approved and authorizes the Mayor and City Clerk to execute
said agreement.
Adopted by the City Council this 2nd day of October 2018.
Ted Kozlowski, Mayor
Attest:
Diane F. Ward, City Clerk
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Shawn Sanders~ector of Public Works
September 28, 2018
Pioneer Park Restroom Project
Project 2018-14
DISCUSSION
The bid opening for the 2018 Pioneer Park Restroom Project is scheduled for Monday, October
1st at 10:00 a.m. Bid results will be presented at the October 2, 2018 council meeting with a
recommendation.
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
OCTOBER 2, 2018
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
Property Records and Taxpayer
Services
Public Health and Environment
Sheriffs Office
ITEM
A. Resolution -Recommend conveyance of tax forfeited land to the Whistling
Valley Homeowners Association.
B. Resolution -Recommend conveyance of tax forfeited land to Denmark
Township and Lake St. Croix Beach by conditional use deed.
C. Resolution -Recommend sale of tax forfeited land to the City of Stillwater
for an authorized public purpose.
D. Resolution -Approving the public sale of tax forfeited land to be sold at
public auction on November 9, 2018.
E. Ratification of the maintenance and support agreement between Conduent
State & Local Solutions, Inc. and the Minnesota Counties Computer
Cooperative (MCCC).
F. Resolution -Accept a donation of a boat trip on the St. Croix River.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call (651) 430-6000
EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER
Energy Conditions report to better understand energy consumption in the city. The county stated that
it is exciting to see the city support the implementation of renewable energy wherever possible, as
shown by the use of solar panels and geothermal systems. Further, the county commends the city for
its section on waste and recycling with the goal to reduce waste while increasing recycling and
organics recovery.
Contact: Colin Kelly, Senior Planner, 651-430-6011
County Board names Eckles to Brown's Creek Watershed District board
The Washington County Board of Commissioners appointed Klayton Eckles, Stillwater, to the
Brown's Creek Watershed District Board of Managers Sept. 25.
Eckles will serve a partial term expiring Oct. 21, 2020.
Watershed district governance, required by state law, helps to control or alleviate damage by flood
waters; improves stream channels for drainage or navigation; reclaims or fills wet or overflow lands;
oversees water supply for irrigation; regulates the flow of streams; diverts or changes water courses;
provides and conserves water supply; and provides for the protection of groundwater and regulation
of groundwater use.
Contact: Yvonne Klinnert, Public Information Manager, 651-430-6026
County will receive grant to support Citizens Review Panel activities
Washington County will receive a $5,000 grant from the Minnesota Department of Human Services
to support the expenses associated with the county's Citizen Review Panel, after the County Board
accepted the grant Sept. 25.
The Child Protection Citizen Review Panel provides opportunities for members of the community to
have an integral role in ensuring that Child Protection Service Systems are protecting children from
abuse and neglect and are meeting the permanency needs of children.
The funds can be used to reimburse expenditures incurred from July 1 through June 30, 2019. Grant
funds must be used for reimbursement of out-of-pocket expenses for volunteer Citizen Review
Panel members and for reimbursement of administrative costs associated with panel activities.
Contact: Sarah Amundson, Community Services Division Manager, 651-430-6597
County will use portion of proceeds from tax-forfeited land sales for parks
Washington County will use 20 percent of the net proceeds from tax-forfeited land sales for the
acquisition and maintenance of parks and recreational areas, after the County Board approved the
measure Sept. 25.
The action is allowed by state law, and the County Board must approve the set aside of the funds each
year. The ownership of property that forfeits because of the non-payment of property taxes rests with
the state, and counties are tasked with the management and disposition of the property. When a tax-
forfeited property is sold to a governmental agency or the public, the proceeds are deposited into the
county's tax-forfeited sale fund. Prior to any distribution of funds from this account, the department
recovers the costs for management of the tax-forfeited land in the county.
From the net proceeds remaining, the distribution is:
• 20 percent to the county for acquisition and maintenance of county parks and recreational
areas in counties that have passed the appropriate resolution annually;
• of the remaining funds, 40 percent is distributed to the county general fund, 40 percent to the
school district, and 20 percent to the city or township.
The financial implications for the county vary by year depending on the amount of sale proceeds
from tax-forfeited land and maintenance costs.
Contact: Jennifer Wagenius, Property Records and Taxpayer Services Director, 651-430-6182
County Board approves performance report for housing projects
The Washington Board of Commissioners approved the 2017 Consolidated Annual Performance and
Evaluation Report for submission to the U.S. Department of Urban Development Sept. 25.
The Consolidated Annual Performance and Evaluation Report (CAPER) details Washington County's
progress toward meeting the goals outlined in Washington County's 2015-2019 Consolidated Plan
and projects undertaken with the 2017 Community Development Block Grant (CDBG) and the Home
Investment Partnerships (HOME) program funds. The CAPER is a means to communicate to the U.S.
Department of Housing and Urban Development and policymakers how funds are spent and the
impact the programs make in the community. The full report can be viewed on the Washington
County Community Development Agency's website at www.washingtoncountycda.org.
The CAPER details accomplishments including 1) funds invested in projects and activities; 2)
households and persons assisted; 3) actions taken to affirmatively further fair housing; and 4) grant-
funded projects that meet housing and community development needs in Washington County.
Washington County's Program Year 2017 accomplishments included six home improvement loans,
street improvements in Landfall, construction of nine single-family homes, rehabilitation of two
rental units, creation of five overnight emergency beds, and acquisition of two vacant lots in St. Paul
Park and Cottage Grove.
Funds also were used to prevent homelessness by providing public services to 1,036 households with
housing emergencies.
The CDBG and HOME funds leveraged $1.6 million of additional funding.
Washington County, as member of the Fair Housing Implementation Council, provided funding to
Equity in Place to conduct region-wide community outreach and tenants' rights trainings.
The draft CAPER was released and published for public comment Aug. 31. The public comment
period ended with a public hearing conducted by the Community Development Agency Sept. 18. A
public hearing was also conducted Sept. 18 by the Dakota County HOME Consortium. No comments
were received.
Contact: Yvonne Klinnert, Public Information Manager, 651-430-6026
County Board honors Property Records and Taxpayer Services staff by declaring Oct.
1-5 as Customer Service Week in Washington County
The Washington County Board of Commissioners honored the staff in the county's Department of
Property Records and Taxpayer Services Sept. 25 by declaring Oct. 1-5 as Customer Service week in
the county.
In 1992, the first full week in October was proclaimed National Customer Service week by the U.S.
Congress to recognize the work of customer service professionals throughout the year and the
importance of that work in a wide range of businesses, including government.
The employees in Property Records and Taxpayer Services serve county residents daily face-to-face
at a number of locations throughout the county and their high-quality service is recognized and
appreciated by the board.
The board's resolution noted that the purpose of the work of Washington County employees is to
serve the 250,000 residents of the county, and the county's mission is to provide quality services
through responsible leadership, innovation, and the cooperation of dedicated people. It also noted that
the people who make up the staff of the county's Property Records and Taxpayer Services
Department have extensive technical knowledge and serve county residents in a prompt, accurate, and
friendly manner.
With that in mind, the County Board extended its appreciation for providing that service, and thanked
the Property Records and Taxpayer Services staff for its customer service.
Contact: Jennifer Wagenius, Property Records and Taxpayer Services Director, 651-430-6182
County Board recognizes work in county to prevent suicide
The Washington County Board of Commissioners recognized work being done in the county to
counteract a growing risk of suicide Sept. 25.
Sheriff Dan Starry noted the Sheriffs Office work of raising awareness about suicide, and the
office's addition of informational decals to a county squad car to bring awareness to the issue of
suicide. The office worked with the National Alliance on Mental Illness to develop the informational
vehicle. The office has also collaborated on a lip-sync video to raise awareness about suicide, and has
participated on forums in the community to bring awareness about suicide.
The county's Department of Public Health and Environment highlighted QPR Training, available to
county residents. Residents may learn how to recognize the warning signs of suicide, how to offer
hope, and how to get help by completing QPR Gatekeeper Training. QPR stands for Question,
Persuade, and Refer -the three simple steps anyone can learn to help save a life from suicide. The
online QPR Gatekeeping course is free to residents of Washington County and can be completed in as
little as one hour. Information is on the county website atwww.co.washington.mn.us under Public
Health and Environment under Training Opportunities.
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
SEPTEMBER 25, 2018
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
Administration
Community Services
Property Records and Taxpayer
Services
ITEM
A. Approval of September 11, 2018, County Board meeting minutes .
B. Approval of county comment letter on the draft City of Woodbury
Comprehensive Plan .
C. Approval to appoint Klayton Eckles, Stillwater, to the Brown's Creek
Watershed District Board of Managers, to a partial term expiring October 21 ,
2020.
D. Approval to accept a grant from the Minnesota Department of Human
Services in the amount of $5,000 to cover expenses associated with Citizen
Review Panel activities .
E . Resolution -Approval to set aside 20% of the net proceeds from the tax
forfeited land sale fund to the county park fund for the acquisition and
maintenance of parks and recreational areas .
*Consent Cal endar item s are gen e ra lly de fin ed as ite ms o f routine business, no t requiring discussion , and a pproved in one vote . Commissioners may elect to
pull a Consent Calendar ite m(s) for discussion a nd/or se pa rate ac tion.
Assistive listening devices ar& a val/able for use in the County Board Room
ff you neod essistance due to d/sabillty or language berrier, please call (651) 430-6000
EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER
Comments on the West Lakeland Township plan suggest providing additional details regarding
groundwater water resources, and that Washington County and the Minnesota Department of Health
can be a resource for such data. The county also encouraged the township to expand its discussion on
affordable housing, and stated it is encouraged by West Lakeland' s commitment to assure access to
solar resources through land use controls.
Contact: Colin Kelly, Senior Planner, 651-430-6011
County will continue to lease out home in Afton
Washington County will continue to lease out a house in Afton, after the County Board agreed to a
lease extension Sept. 18.
Washington County acquired the property for the construction of a 800 MHZ radio tower in the City
of Afton. The Washington County Board approved the initial 24-month lease agreement in September
2016. The County Board amended the agreement to extend the lease to lease the house for another 24
months, until Sept. 5, 2020, for $1,200 per month, an increase of $50 per month. The tenant also pays
utilities and sanitation. Revenue received from rental of the house helps pay for the maintenance of
the property.
Contact: Sharon Price, Property Manager, 651-430-4391
Radio club will use Sheriff's Office tower to provide volunteer services
The South East Metro Amateur Radio Club (SEMARC) will place a radio repeater on the Washington
County Sheriffs Office Newport tower to support its activities, after the County Board agreed to the
license agreement Sept. 18.
The SEMARC provides volunteer communications support for planned and unplanned public safety
events in Washington County. SEMARC wishes to place a ham radio repeater at the Newport tower
site to support these events and other club activities. The county will supply the tower antenna,
feedline, and electricity. SEMARC will supply and install the repeater equipment in the county's
shelter.
The lease between the county and SEMARC will have no cost for the county. All expenses will be
paid using Radiological Emergency Preparedness grant funds, which is around $8,000.
Contact: Sheriff Dan Starry, 651-430-7601
County, City of Woodbury will share costs on Radio Drive, Valley Creek Road
improvements
Washington County and the City of Woodbury will cooperatively fund the design and construction of
safety improvements on Radio Drive and Valley Creek Road in Woodbury, after the County Board
approved an agreement with the city Sept. 18.
Radio Drive is also known as County State Aid Highway (CSAH) 13 and Valley Creek Road is also
known as CSAH 16.
The City of Woodbury is leading a project to reconstruct City Centre Drive, a Woodbury local street,
between Radio Drive and Valley Creek Road, including adding a left turn lane at Radio Drive. The
project will includes improvements to the three associated intersections along county highways of:
• installation of medians at the unsignalized intersection of CSAH 13 and Donegal Drive to
improve traffic safety and reduce vehicle conflicts;
• make improvements to the existing traffic signal at the intersection of CSAH 13 and City
Centre Drive, including improved pedestrian buttons, Flashing Yellow Arrow (FY A)
capability, and improved signal placement; and
• installation of a new traffic signal at the intersection of CSAH 16 and City Centre Drive.
Construction of these improvements is in progress and anticipated to be substantially complete this
fall. The project cost is $1,215,061; the county's share is $337,326.
Contact: Joe Gustafson, Traffic Engineer, 651-430-4351
Sheriff's Office will receive grant to pay for deputy to combat impaired driving
The Washington County Sheriffs Office will receive a $111,816 grant from the Minnesota
Department of Public Safety to pay for a "DWI Officer," after the county board accepted the grant
Sept. 18.
This is a competitive grant funded by the National Highway Traffic Safety Administration, a one-year
grant with the potential of a one-year extension based on the work of the Sheriffs Office. The grant
funds the wages and benefits for one officer for one year with the purpose of identifying and arresting
intoxicated drivers.
Intoxicated driving continues to be a leading cause of traffic deaths in the country. The grant period is
Oct 1, 2018, to Sept 30, 2019. The grant will allow for the creation of a new full-time position.
Contact: Sheriff Dan Starry, 651-430-7601
County Board sets preliminary levy, adopts budget for 2019
The Washington County Board of Commissioners set the county's proposed property tax levy for
2019 Sept. 18, and approved proposed budgets for the county, the Regional Railroad Authority, and
the Community Development Agency.
The board has been reviewing the proposed budget since it was first introduced by county staff Aug.
14. The board also reviewed detailed budget recommendations from each of the county's
departments. The preliminary levy may be reduced before the board sets a final levy in December,
but it may not be raised.
The county's proposed property tax net levy for 2019 is $108 .1 million, an increase of 5 .4 7 percent
over 2018. The county's voter-approved Land and Water Program levy will be $1.1 million, with no
change from 2018.
The county's non-levy revenue is expected to be $139.7 million, an increase of 27.17 percent over
2018. Operating expenditures are expected to be $187.9 million, an increase of 6.59 percent, and
capital expenditures are expected to be $79.5 million, including $31 million from bond proceeds.
The proposed property tax levy for the Washington County Regional Railroad Authority is $660,000
for 2019, which is a reduction of 15 percent from 2018, and the proposed property tax levy for the
Washington County Community Development Agency is $5.23 million.
The net property tax levy increase of 5 .4 7 percent over the 2018 levy is estimated to result in a drop
of the county's tax rate by 1.5 percent. This would be the fifth year in the last six that the county's tax
rate decreased. The impact of the proposed levy on the owner of the median valued home in the
county, which is $273,200, would be an increase of $36 a year in county taxes, offset by a $1
reduction in the county's Regional Rail Authority tax. That is based on the average home's value
increasing 5.7 percent during the past year.
The increase in the levy is spurred in part by service demands from a population that grew 1.5 percent
during the last year, and inflationary costs of goods and services that is currently close to 3 percent
annually.
A public hearing on the county's budget will be conducted Dec. 4, and the final budget will be
adopted Dec. 11.
Contact: Kevin Corbid, Deputy Administrator, 651-430-6003