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HomeMy WebLinkAbout2018-10-16 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us SPECIAL MEETING 4:30 P.M. REVISED AGENDA CITY COUNCIL MEETING October 16, 2018 4:30 AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER 1.Discussion on Liquor Ordinance Update 2.Health insurance options for retirees (Resolution – Roll Call) REGULAR MEETING 7:00 P.M. 7:00 AGENDA IV. CALL TO ORDER V.ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. APPROVAL OF MINUTES 3.Possible approval of the October 2, 2018 regular and recessed meeting minutes. VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS IX. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. X.STAFF REPORTS 4.Police Chief 5.Fire Chief 6.City Clerk 7.Community Development Dir. 8.Public Works Dir. 9.Finance Director 10.City Attorney 11.City Administrator 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. 12.Resolution 2018-224, directing payment of bills 13. Resolution 2018-225, approving the issuance of a New Wine & Strong Beer Liquor License to Mon Petit Cheri LLC, DBA: Mon Petit Cheri 14. Resolution 2018-226, approving the issuance of a New On-sale and Sunday Liquor License to Only A Dim Image Productions, DBA: The Zephyr Theatre 15. Resolution 2018-227, approval of agreement with SafeAssure Consultant, Inc. for OSHA and Safety Consultation 16. Resolution 2018-228, adopting delinquent cleanup services charges (L.I. Project #00040) 17. Resolution 2018-229, adopting delinquent parking mitigation fees (L.I. Project #00080) 18. Resolution 2018-230, resolution adopting the Washington County All Hazard Mitigation Plan 19. Resolution 2018-231, a resolution authorizing city staff to engage the services of a residential real estate appraiser to perform an appraisal of the properties involved in Washington County Litigation 82-CV-17-5103 20. Possible approval of sanitary sewer adjustments 21. Resolution 2018-232, resolution adopting assessment for retaining wall improvements for 823 South Fifth Street (GEOCODE 3303020120014) XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 22. This is the date and time for a public hearing on an ordinance amending the Charter of the City of Stillwater. Notice was published in the Stillwater Gazette on September 28, 2018. (2 nd reading – Roll Call) 23. This is the date and time for a public hearing for the assessments associated with the 2018 Street Improvement Project (Project 2018-02). Notice was published in the Stillwater Gazette on September 28, 2018 and mailed to affected property owners. (Resolution – Roll Call) 24. This is the date and time for a public hearing for the assessments associated with the 3rd Street South Street Improvement Project (Project 2018-09). Notice was published in the Stillwater Gazette on September 28, 2018 and mailed to affected property owners. (Resolution – Roll Call) XIII. UNFINISHED BUSINESS 25. Possible approval of relocation of Ice Castles to Bridgeview Park XIV. NEW BUSINESS 26. Possible approval of award of bids for St. Croix Valley Rec Center Athletic Dome Replacement (Resolution - Roll Call) 27. Possible approval of consultant for the Riverbank Stabilization and Riverwalk Project XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS 28. Beyond the Yellow Ribbon update XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT TO CLOSED SESSION FOR ATTORNEY-CLIENT PRIVILEGED COMMUNICATION UNDER 13D.05 SUBD. 3(B) TO DISCUSS PENDING LITIGATION XX. ADJOURNMENT TO A CLOSED SESSION PURSUANT TO MINN. STAT. 13D.05 SUBD. 3(C) TO CONSIDER THE PURCHASE OF 121 E. CHESTNUT. Retiree Hospital/Medical Insurance Coverage Optional Plans Page2 Cross/Blue Shield of Minnesota for the Retiree Group Medicare Supplement plan and Group Medicare Part D Prescription Drug Plan and background information is attached. REQUEST Staff requests that the City Council approve the attached resolution titled "Resolution Approving Contracts With Blue Cross Blue Shield Of Minnesota For Retiree Group Medicare Supplement And Group MedicareBlue Rx Retiree Prescription Drug Plan". RESOLUTION APPROVING CONTRACTS WITH BLUE CROSS BLUE SHIELD OF MINNESOTA FOR RETIREE GROUP MEDICARE SUPPLEMENT AND GROUP MEDICAREBLUE Rx RETIREE PRESCRIPTION DRUG PLAN WHEREAS, the City of Stillwater provides hospital/medical insurance coverage at city expense to eligible city retirees who commenced employment prior to 1989 and retired with at least ten years of service and were MnPERA eligible; and WHEREAS, the retiree hospital/medical insurance plan costs have risen dramatically over the past three decades and are a major cost driver of the city's property tax levy; and WHEREAS, the City Council has directed city staff to review and analyze all available options for the provision of retiree hospital/medical insurance while maintaining the city's obligation to provide hospital/medical insurance coverage at city expense to eligible city retirees; and WHEREAS, city staff has worked CBIZ, the city's health insurance consultant, and representatives from Blue Cross Blue Shield of Minnesota to develop an optional hospital/medical insurance plan for Medicare eligible retirees that will provide the same or better coverage for eligible retirees at a reduced cost to the City of Stillwater as shown in the attached documents; and WHEREAS, the optional retiree hospital/medical insurance plan developed by Blue Cross Blue Shield of Minnesota includes a Retiree Group Medicare Supplement plan and a Group Medicare Part D Prescription Drug Plan; and WHEREAS, city staff believe it is in the best interest of the City to offer an optional retiree hospital/medical insurance plan that maintains the City's obligation to eligible retirees at a lower cost to the City and recommends approval of contracts with Blue Cross Blue Shield of Minnesota for the Retiree Group Medicare Supplement plan and Group Medicare Part D Prescription Drug Plan. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves contracts with Blue Cross Blue Shield of Minnesota for the Retiree Group Senior Gold Medicare Supplement and Group MedicareBlue Rx Prescription Drug Plan and authorizes the City Administrator to execute contracts on behalf of the City. Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of October, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Client Number: Servicing Year: 01/01/2019 -12/31/2019 Underwriter: Loftus, Julie Account Manager: Hart, Lori * Group Medicare Blue Rx Ineligible Prospect Plan(sl: Plan 1 1) Group Medicare Supplement: Group Senior Gold Proposed Medical Plan c. Group Medicare Blue Rx: Option 36 $4.50/$10/$10/$10 -Catastrophic CAP AltemateRx GROUP MEDICARE PROSPECT RATE INFORMATION City of Stillwater I 2019 Premium Rate Per Member Per Month J I Selecting Plan Design? Medical Dru_g_ Commission Total Yes No $0.00 $226.00 I II I $226.00 N/A $183.50 $0.00 $409.50 GROUP MEDICARE RENEWAL ACCEPTANCE FORM Client Number: Servicing Year: Underwriter: Account Manager: 01/01/2019 -12/31/2019 Loftus, Julie Hart, Lori City of Stillwater Thank you for choosing Blue Cross Blue Shield of Minnesota (BCBSMN) for your employees' health care benefits. We appreciate the opportunity to service you and your employees . I am authorized to certify that the information provided is complete and accurate to the best of my knowledge. I understand that the information provided will be relied upon by BCBSMN. BCBSMN may have the right to not renew coverage if my company does not meet participation requirements as stated in my contract. Contact Name: ------------------------ Em a ii Address:------------------------Phone : ______________ _ Printed Name: _______________________ _ Signature: _______________________ _ Date: ____________ _ Please select your plan option(s) and complete this form . Return all information to your BCBSMN Account Manager no later than 10/21/2018. A Medicare Supplement health plan that offers coverage and peace of mind. PREDICTABLE COSTS AND COVERAGE Group Senior Gold from Blue Cross and Blue Shield of Minnesota provides you with coverage to supplement Original Medicare and protection against catastrophic expenses. While Original Medicare covers some of your health care expenses, you are still responsible for some costs. Group Senior Gold can help. The plan features: .. Immediate protection. You are covered right away for deductibles, copays and coinsurance for Medicare-eligible services and supplies. .. Medical coverage when and where you need it. Travel anywhere in the United States and receive plan benefits from any provider that accepts Medicare. No referrals needed. You'll also have 80 percent coverage for medical emergencies worldwide. .. Preventive care. Includes coverage for various routine services and screenings. .. Eyewear and hearing aid discounts. Receive preventive hearing and eye exams at no cost, plus discounts on hearing aids and eyewear at participating providers. YOU CAN FEEL CONFIDENT CHOOSING BLUE CROSS Blue Cross has been providing health coverage to Minnesota seniors since Medicare first began. We look forward to making a healthy difference in your life for years to come. BUILDING HEALTHY HABITS Our Medicare supplement plans include tools and resources to help members create healthier habits, keep fit and stay well. .. Fitness program • Silver&Fit® Exercise & Healthy Aging Program. Sign up for a membership at a participating facility or choose a home exercise kit. all at no additional cost. ... Nurse line. A nurse is available 24 hours a day, seven days a week to answer health-related questions . .. Quitting tobacco. A wellness coach is available to help you develop and maintain a plan to quit. ... Health guides. Guides are available to help you understand plan benefits, find a provider, choose the right type of care and obtain health care services. The Silver&Fit program is provided by American Specialty Health, Incorporated (ASH), an independent company providing personal health and wellness programs. Silver&Fit is a trademark of ASH and used with pe1·mission he1·ei11. 2019 GROUP SENIOR GOLD This chart highlights the medical benefits of Group Senior Gold. For information about Original Medicare benefits and additional details (including coverage limits that may apply), refer to the Summary of Coverage and Disclosure of Information. Benefits shown are the amount you pay for Medicare-eligible services and supplies. BENEFIT CATEGORY GROUP SENIOR GOLD* Deductible $0 Amount you pay before coverage begins Annual out-of-pocket maximum No maximum; minimal to no cost sharing for eligible services and supplies Doctor office visits $0 Primary care, specialists, chiropractic and podiatry services Diagnostic tests, X-rays, lab services $0 and radiology services Preventive services 1 $0 Including "Welcome to Medicare" and annual wellness visits, routine physical, hearing tests and eye exams Cancer screenings 1 $0 This plan provides broader coverage of cancer screenings than Original Medicare Emergency care $0 Within the United States Urgently needed care $0 Within the United States Foreign Travel coverage 20% coinsurance for eligible emergency care worldwide Inpatient hospital care $0 Per benefit period Skilled nursing facility care $0 Up to 100 days each benefit period Outpatient care $0 Therapy/outpatient visits, certain lab services, outpatient or ambulatory surgical center visits Diabetes programs and supplies $0 Durable medical equipment, prosthetics $0 1 Annual service and/or coverage limits apply to some preventive services. 2 When all optional benefits are added. For information about the premium you will pay for this coverage, contact your group benefit plan administrator. You must also continue to pay your Part B premium . • .. BlueCross "~1 • ~ BlueS hield Minnesota FLEXIBLE, EASY TO USE RESOURCES AT YOUR FINGERTIPS Explore our online resources to get the most out of your benefits. The drug list, also called the formulary, supplemental drug list, and the pharmacy network search tool. These resources, and many more, are available online at YourMedicareSolutions.com/ group . NATIONWIDE PHARMACY NETWORK Group MedicareBlue Rx has a nationwide network with more than 67,000 pharmacies. DRUG TIERS It can be a challenge to determine your prescription drug costs. Our drug list includes four drug tiers and, generally, drugs on tier one will be the least expensive while drugs on tier four will cost more. SPECIALTY DRUG COVERAGE Medicare classifies specialty drugs as certain unique and high-cost medications that can be complex to dispense and may involve patient education. Our specialty drug coverage gives you access to these types of medications. Specialty drugs include injectable antibiotics, transplant drugs, certain chemotherapy drugs and other self-injectable or administered drugs. SUPPLEMENTAL DRUG COVERAGE Group MedicareBlue Rx has coverage to help you pay for certain drugs that are not on our drug list and that Medicare Part D does not cover. Money spent on supplemental drugs does not count toward the amount you pay before catastrophic coverage starts. ENROLLMENT AND ELIGIBILITY You can enroll in Group MedicareBlue Rx if you meet the following eligibility requirements: -+ You are entitled to Medicare Part A and/or enrolled in Medicare Part B -+ Live in the plan's service area -+ You are a U.S. citizen or lawfully present in the U.S. -+ You are identified as an eligible plan participant by your employer You must continue to pay your Medicare Part B premium, and Medicare Part A if applicable, if not otherwise paid for by Medicaid or another third party. You may only enroll in one Part D plan at a time. 90-DAY SUPPLIES Get a 90-day supply of your prescriptions by mail or at retail pharmacies that offer extended day supplies for two copays or the coinsurance. MEDICATION THERAPY MANAGEMENT PROGRAM If you meet certain requirements, you may be eligible for our Medication Therapy Management (MTM) program at no cost. The program helps you and your doctor make sure your medications are the best for your needs. You will be contacted if you are eligible for the program. QUESTIONS? Call your benefits representative or Group MedicareBlue Rx Customer Service at 1-877-838-3827, 8 a.m. to 8 p.m., Central Time, daily. TTY 711 . Medical Coverage Office visits Primary care/specialist visits Chiropractic care (manual manipulation of the spine) In atient care Hospital care Skilled nursing facility Out atient care Ambulatory surgery center Group Senior Gold wi t h Group MedicareBlue Rx PDP) 100% coverage 100% coverage 100% coverage 1 00% coverage 100% coverage Out-of-network: $3 ,000 lndividual/$9,000 family Pharmacy : $150 lndividual/$250 Famil Aware PPO Plan $100 wt Rx In-Network: 80% after Deductible Out-of-Network: 60% after Deductible In-Network: 80% after Deductible Out-of-Network: 60% after Deductible In-Network: 80% after Deductible Out-of-Network: 60% after Deductible In-Network: 80% after Deductible Out-of-Network: 60% after Deductible In-Network: 80% after Deductible Out-of-Network: 60% after Deductible Extended Network Providers/ Nonparticipating Providers $2 ,500 lndividual/$5,000 family Pharmacy: $150 lndividual/$250 Family Triple Gold POS $15 copay Pl an with Rx Primary Network: 100% after $15 copay Extended Network: 80% after Deductible Nonparticipating Provider 75% after Deductible Primary Network: 100% after $15 copay Extended Network: 100% after $15 copay Nonparticipating Provider 75% after Deductible Primary Network: 100% coverage Extended Network: 80% after Deductible Nonparticipating Provider 75% after Deductible Primary Network: 100% coverage Extended Network: 80% after Deductible Nonparticipating Provider 75% after Deductible Primary Network: 100% coverage Extended Network: 80% after Deductible Nonparticipating Provider 75% after Deductible 2 Blue Cross ® and Blue Shield ® of Minnesota and Blue Plus® are nonprofit independ ent licens ees of the Blue Cross and Blue Shield As so ci ation . other drugs, or 5% of the drug cost, not to exceed your usual copays/coinsurance . Blue Cross offers PDP plans with Medicare contracts. Enrollment in these plans depends on renewal of the plan sponsor's Medicare contract. Limitations, copayments, and restrictions may apply. Benefits, formulary, pharmacy network, premium and/or co-payments/co-insurance for Group MedicareBlue Rx may change on January 1 of each year. The premium for Group Senior Gold may also change on January 1 of each year. The benefit information provided is a brief summary, not a complete description of benefits. For more information contact the plan. You may also refer to the Summary of Benefits and/or Certificate of Coverage and Disclosure of Information documents provided in your enrollment kit. The Aware PPO plan and Triple Gold POS $15 copay plan benefit information provided is a brief summary, not a complete description of benefits. Please refer to the Summary Plan Document for more information. 5 Blue Cross® and Blue Shield® of Minnesota and Blue Plus® are nonprofit independent licensees of the Blue Cross and Blue Shield Association . RESOLUTION 2018-224 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 $1,067,670.14 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 16th day of October, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2018-224 LIST OF BILLS Ace Hardware Advance Auto Parts Advanced Graphix Inc. American Test Center Armor Security Inc. Aspen Mills Board of Water Commissioner Brock White Co. LLC Bureau of Crim. Apprehension Burks Tree and Landscape Care Burschville Construction Inc. CalAtlantic Homes Campion Barrow & Associates CDW Government Inc. Centro Print Solutions Century Link Cintas Corporation Comcast Community Thread Consolidated Welding Supply Cub Foods ECM Publishers Ecolab Pest Emergency Automotive Enterprise FM Trust Environmental Equipment & Services Fastenal Company Fire Safety U.S.A. Flaherty & Hood P.A Gertens Wholesale Gopher State One Call Inc. GFOA Granicus Inc Greater Stillwater Chamber of Commerce Heritage Printing Inc. Herzog Engineering LLC Holiday Companies Joshs Paint Repair Kirvida Fire Inc. Kohlhaas Alex L3 Mobile Vision Inc Lennar of Minnesota Levander Gillen Miller PA Lincoln National Life Insurance Co Loffler Companies Supplies Equipment repair supplies Reflective graphics Vehicle repair charges Quarterly Monitoring Service Uniform supplies -Klingfus WAC Charges Supplies Terminal access charge Tree Care Maryknoll Dr. drainage Grading Escrow Refund -3710 Summit Ln Fire services testing Conference room tech upgrade W2s & 1099s Telephone & fire alarms Uniforms & mat cleaning services Internet & Voice Contribution Supplies Pancake breakfast Publications Ant program Patrol & fire vehicles Lease vehicles Equipment repair charges Supplies Equipment repair supplies Job eval points -Facilities Manager Supplies Locates Membership Qtrly web streaming service Seminar Newsletter Printing Pioneer Park Vehicle washes Painting & blasting powder coated wing Ladder# 6112 service Reimburse for Expenses Bravo disc publisher Grading Escrow Refund Professional services COBRA Life Insurance IT Professional services Page 1 245.67 69.47 355.00 1,247.00 242.00 202.15 4,851.00 632.66 270.00 1,772.50 25,940.00 1,500.00 850.00 1,618.03 214.51 396.68 502.39 322.55 4,000.00 53.50 161.54 684.70 462.28 8,797.94 3,681.96 691.80 283 .11 60.00 250.00 638.50 453.60 190.00 1,118.59 25.00 2,851.32 4,500.00 415.00 2,660.00 2,257.36 398.09 3,085.25 1,500.00 21,336.82 7.20 8,123.00 EXHIBIT "A" TO RESOLUTION #2018-224 Madden Galanter Hansen LLP MailFinance Inc Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Metropolitan Mechanical Contractors MN Dept of Labor and Industry Motorola Solutions Inc. MP Nexlevel LLC Nardini Fire Equipment Northstar Mudjacking & More Office Depot OnSite Sanitation Pioneer Press St. Paul Quill Corporation Robole Donna Simplifile LC Springsted St. Croix Boat and Packet Co . Stillwater Fire Relief Assoc Stillwater Motor Company Stillwater Rotary Club Streichers SW/WC Service Cooperatives Thomson Reuters Titan Machinery Shakopee Toll Gas and Welding Supply Tri-State Bobcat US Postal Service Verizon Wireless Veterans Memorial Voyant Communications Ward Diane Wasche Commercial Finishes Wash. Cty Historical Society Welle Scott Wenck Construction Wittman Abbi Jo Wold Architects and Engineers WSB & Associates Inc . WS & D Permit Service Inc Youth Service Bureau Ziegler Inc. Labor Relations Services Folding Machine Lease Fuel Electrician services Supplies Wastewater Charge & SAC Equipment repair changes Quarterly Surcharge 800 Mhz Radios Locating Inspection Sidewalk repair Office supplies Portable Restroom Notice of special meeting Office supplies Reimburse for Customer Service Seminar Plan review Continuing disclosure services Ramp cleaning 2018 Fire State Aid Vehicle repair Membership 9MM Duty Retiree & COBRA Health Insurance Information Charges Equipment repair supplies Cylinders Equipment repair supplies Postage for mail machine Police Mobile Broadband Super Valu Parking Phone Reimburse for cookies for election training Washington Park Pavilion Contribution Oct Speaking Presentation 50% City Hall Project Reimburse for expenses City Hall Project Professional services Refund of Permit Contribution Equipment repair charges Page 2 186.75 1,104.18 5,079.04 7,977.00 262.25 158,640.71 1,339.80 6,350.61 24,060.75 1,233.75 236.50 1,295.00 262.12 1,589.00 15.48 326.84 25.00 600.00 3,500.00 810.00 170,795.19 482.62 380.00 349.21 79,255 .62 141.94 566.39 42.72 491.93 7,000.00 630.18 4,347.00 524 .78 26.81 11,530.00 1,250.00 250.00 1,400.00 462.60 2,743.81 21,637.25 145.25 2,625.00 1,051.66 EXHIBIT "A" TO RESOLUTION #2018-224 Page 3 REC CENTER 1ST Line/Leewes Ventures LLC Snacks for concessions 459.40 Ace Hardware Supplies 41.56 AT&T Mobility Cell phone 94.58 Century Link Telephone 63.07 Cintas Corporation Mat cleaning service 103.00 Coca-Cola Distribution Beverages for concessions 1,159.68 Cub Foods Concession supplies 11.98 Holiday Credit Office Fuel 72 .51 Ice Skating Institute Skater member 780.00 Menards Equipment repair supplies 66.42 Pepsi Beverages Company Beverages for concessions 820.45 R&R Specialties Inc . Equipment repair supplies 896.00 Riedell Shoes Inc. Skates 499 .77 RoofTech Roof repairs 6,245.00 Signature Systems Group LLC Equipment repair supplies 268 .25 St . Croix Boat and Packet Co. Arena billing 41,825.44 CREDIT CARDS Backgroundchecks .com Back ground checks 242 .70 Ebay Twist ties 7.49 Ferguson Enterprises Inc. #1657 Elkay Water Fountain/Hydration Station 1,192.86 Galls LLC Lockout equipment 46.00 Government Finance Officers Asso Filing CAFR with GFOA 435.00 Hollywood Racks Treaded hitch pin for PD bike rack 15.20 Humbolt Mfg Aluminum scoop & strike off bar 39.90 MN Fire Srv . Cert. Board Recertification 575.00 MN Historical Society Conference registration 270.00 Racine North Conference Room Tech Upgrade 1,210.00 Wireless ProTech Cell phone cases 239.60 LIBRARY Ace Hardware Supplies 105 .31 Blackstone Audio Materials 89.20 Broda rt Co Materials 407.59 CDW Government Inc. A/V Upgrade Project 23.73 Cole Papers Supplies 370.89 Culligan of Stillwater Water 66 .15 Flaherty & Hood P.A Professional Services 250.00 Friends of the Stillwater Public Library Friends Reimbursement for Sept Sales 409.00 Hedin Sue Staff Reimbursement 89.27 Heritage Printing Inc. Shelflife Newsletter 512.03 Midwest Tape Materials 1,247.19 EXHIBIT "A" TO RESOLUTION #2018-224 Page4 Petrie Angela Staff Reimbursement 154.30 Pro-Tee Design Security Camera 765.36 Recorded Books Inc Materials 361.50 Washington County Library Databases 1,015.07 Water Works Irrigation LLC Winterize System 165.00 Xcel Energy Energy 4,189.39 LIBRARY CREDIT CARDS Acorn Naturalists Materials 223.41 Amazon.com Materials 187.80 American Library Association Supplies 49.00 Dream Host Web Hosting 5.55 Vista Print.com Supplies 56.77 ADDENDUM Abrahamson Nursery Triangle Park materials 5,300.00 Action Rental Concrete & mixing trailer 740.00 Advance Auto Parts Equipment repair supplies 37.20 Board of Water Commissioners Palmer Park Hydrant 419.68 Comcast Internet 184.29 Computer Integration Tech Professiona I services 1,299.00 Cummins Auto repair supplies 108.67 Curb Masters Inc Teddy Bear Park paint 6,098.30 ECM Publishers Publications 215.90 Fastenal Supplies 105.21 Heritage Embroidery Uniform 19.98 Hoisington Koegler Group Professional services 7,733.95 Integrity Land Development Inc Neal Ave Construction 281,834.03 JH Larson Supplies 1,069.39 Lake Country Door Repair lock 380.00 Mansfield Fuel 5,593.07 Marshall Electric Public works lot 7,859.00 Melstrom Jeff Reimburse for work boots 160.00 Menards Supplies 68.55 MidAmerican Tech Chemical processing 2,037.25 MN Dept of Labor Elevator license 100.00 Napa Auto Parts Equipment repair supplies 211.72 Olson Mekaela Park fee refund 70.00 Prominent Construction Refund of Permit 178.60 Public Safety Photography Open house photo event 50.00 River Valley Printing Business cards 92.00 SEHlnc Ice Castle 2,969.89 Siegfried Construction Police station restroom 15,309.51 T. A. Schifsky Asphalt 3,532.14 The Alternator Store Solenoid parts 300.00 EXHIBIT "A" TO RESOLUTION #2018-224 Tri-State Bobcat Washington County Water Works Irrigation WS & D Permit Service Inc Xcel Energy Adopted by the City Council this 16th Day of October, 2018 Equipment repair supplies Tax forfeited properties Legends Park Imp Refund of Permit Energy Page 5 71.02 1,625.95 600.00 431.33 19,497 .23 TOTAL 1,067,670.14 RESOLUTION 2018-231 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING CITY STAFF TO ENGAGE THE SERVICES OF A RESIDENTIAL REAL ESTATE APPRAISER TO PERFORM AN APPRAISAL OF THE PROPERTIES INVOLVED IN WASHINGTON COUNTY LITIGATION 82-CV-17-5103 WHEREAS, a Civil Assessment Appeal was filed in District Court on behalf of 23 Stillwater residents in November 2017 regarding the 2017 street improvement project; and WHEREAS, a settlement has not been reached with the Petitioners; and WHEREAS, at this time the matter is being prepared for mediation and is set for trial and it is necessary to engage an appraiser for each of the 23 properties, as well as an appraiser for the Stillwater Country Club property; and WHEREAS, the City has identified two appraisers who can provide the services requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater does hereby authorize City Staff to engage Nagell Appraisals & Consulting to perform appraisals of the 23 residential properties named in the Civil Assessment Appeal in an amount not to exceed $13,000 and Hosch Appraisal & Consulting, Inc. to perform an appraisal of the Stillwater Country Club property in an amount not to exceed $20,000. Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of October, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk REVISED Ice Castle, LLC Request to Move Ice Castle Event to Bridgeview Park Page2 Ice Castles, LLC is requesting the following: 1. Lighting: Ice Castles needs to light the parking area between the boat ticketing building and the Ice Castles. They are reviewing the possibility of solar lights and would like to work with Staff on a mutually acceptable solution. 2. Shuttle: Ice Castles is developing a shuttle plan and determining a proposed route (see site plan) that may need to travel further north into downtown. They may request closing some spots in the parking lot #1 as a turnaround spot for the shuttle. The Downtown Parking Commission will likely need to review this request. 3. Snowplowing: Ice Castles is requesting that the manage winter maintenance in the parking areas and the driveway entrance to the Ice Castles in Bridgeview Park. 4. Ice Castles, LLC will need to mow the area for the Ice Castles with an industrial mower. 5. Ice Castles, LLC is requesting consideration for possible reduction in in the City's fee structures to help cover the increased expenses incurred by Ice Castles, LLC for a new water line, new electrical connection, and purchase of shuttles. Staff has not had an opportunity to review and analyze the Ice Castles, LLC requests related to moving the 2018-2019 Ice Castle event to Bridgeview Park. Staff therefore recommends that the City Council provide conditional approval of the Bridgeview Park location for the 2018-2019 Ice Castles event, with details and proposed contractual provisions between the City and Ice Castles, LLC to be worked out between city staff and Ice Castles, LLC for fi~al approval by the City Council at a future meeting RESOLUTION APPROVING AWARD OF BIDS FOR ST. CROIX VALLEY RECREATION CENTER ATHLETIC DOME REPLACMENT PROJECT WHEREAS, on August 16, 2018 bids were publicly opened and tabulated for the St. Croix Valley Recreation Center Athletic Dome Replacement project; and WHEREAS, Kraus-Anderson managed the bid opening and bid tabulation process for the City; and WHEREAS, Kraus-Anderson recommends all work to the lowest responsible bidders as contained in their letter dated October 12, 2018. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the recommendation of Kraus -Anderson to award bids for the St. Croix Valley Recreation Center Athletic Dome Replacement project work to the lowest responsible bidders as contained in their letter of October 12, 2018 and authorizes Kraus-Anderson to negotiate contracts on behalf of the City that do not exceed the project's approved budget. Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of October, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk • KRAUS-ANDERSON® Owner: Project: Location: Designer: Description City of Stillwater St. Croix Rec Center Stillwater, MN HOR Initial City Revenue Utility Rebates Other Income Interest Earnings Total Available Dollars Pre Construction Costs Land Acquisition/Demolit ion Geolechnica l Exoloration / Soi l Borinos Constructio n Testina / Soecial lnsoeclions Testino Commissionina Building Permit Fee/lnsoections Other Permit Costs Site Survev Misc Owner Expenses Utility Relocation/New Service Charaes Subtotal Construction Costs Buildino Construction Buildino Cons tru ction Co ntractors Fee Construction Contingency Builders Risk Insurance New Dome & Turf Generator Gradino in Dome Civil Revisions per Watershed Accenl Refridoeration Accepted VE Items & Alternates: Subtotal Desian Fees Desian Service s Subtotal Furniture Fixtures and EouiomenU Technoloav Furniture Fixtures and Equipment Technology/ Equipment Subtotal Owner Costs for Closeout of Construction Ow ner Mov ino/Relocatio n Costs Subtotal Total ProJect Costs Project Balanc e Available over/ (under) Date: 10/15/2018 Update#: 4 Update Date: 10115/2018 Project Start: Spring 2019 Overall Project Budget DRAFT PHASE 1 $5.275.285 jper Doug $10,000 Allowance $0 $0 TBD $5,285 ,285 $0 $3,400 AET $18 .634 Initial Allowance $0 $12.546 Initial Allowance $0 $12 ,400 Loucks $0 $0 $46,980 $2 .866.754 Remarks $64 ,501 .97 KA Construction Manaaaement Fee $143,338 $0 Bv Owner? Exl stina Build ina Policv ? $2,062,436 Con tra ct with Field Turf Removed -VE $15 .000 Allowance ($20.713) Miller Pricing Removed -VE ($11 2 783' $5 018 ,534 $215 222 Initial Allowance $215,222 $0 $0 $0 $0 $0 $5 ,280 736 ($4 ,549) n KRAUS-ANDERSON® Kraus-Anderson Construction Company 501 South Eighth Street, Minneapolis, MN 55404 October 12, 2018 Mr. Doug Brady St. Croix Valley Recreation Center 1675 Market Drive Stillwater, MN 55082 RE : St. Croix Valley Recreation Center Contract Award Recommendation Dear Mr. Brady : This letter is concerning the contract awards for the St. Croix Valley Recreation Center project that was bid on August 16, 2018 . Kraus-Anderson has verified bidders and we submit the following lowest responsible bidders and their bid amount. Work Scope Contractor, City, State ws 03-A ws 05-A ws 06-A ws 07-A ws 08-A ws 09-C ws 21-A Concrete & Masonry Ebert Inc . dba Ebert Construction Base Bid Corcoran, MN Alternate #3 Total Structural Steel -Amery Welding & Fabrication Inc Base Bid Material Amery, WI Alternate #3 Total Demolition, Carpentry Ebert Inc. dba Ebert Construction Base Bid & General Corcoran, MN Alternate #3 Construction Total Roofing Berwald Roofing Co., Inc Base Bid North St. Paul, MN Alternate #3 Total Aluminum Storefront / Capital City Glass, Inc . Base Bid Glazing Blaine, MN Alternate #3 Total Painting Wasche Commercial Finishes , Base Bid Inc. Alternate #3 East Bethel, MN Total Fire Suppression Summit Companies Base Bid St. Paul, MN Alternate #3 Total Office 612-332-7281 I www.krausanderson .com I Fax 612-332-0217 Building enduring relationships and strong communities Bid Amount $727,900.00 ($8,000.00) $719,900.00 $45,250 .00 $0.00 $45,250.00 $428,800 .00 $3,400 .00 $432,200 .00 $51,800 .00 $0 .00 $51 ,800 .00 $78 ,700.00 $0.00 $78,700.00 $312,870 .00 ($30 ,000.00) $282,870.00 $21,000 .00 $0.00 $21,000 .00 (II KR.AU -NDER$0 ... ' ' BID TABULATIONS 2018 St. Croix Valley Recreation Center Thursday, August 16th, 2018 at 2:00pm OWNER: City of Stillwater ARCHITECT: HDR Architecture, Inc. WORK SCOPE 07-A: Membrane Roofing BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER Berwald Rooting co., Lake Area Koormg & Inc. Roof Tech Inc. Construction, Inc. BID SECURITY Yes Yes Yes ADDENDA REC'D. 2 3 3 BASE BID $51,800.00 $63,995.00 $75,522 .00 COMBINED BASE BID Alternate No. 1: No paint to ceili ng , deck, joists, structural, and mechanical as in lieu of PT-1 as indicated on drawings for roams Alternate No. 2: Provide Card Readers at door locations, Electrical and Door Hardware as specified in Section 087100 in lieu of base hardware as specified in Section 087100 . Alternate No. 3: Add/deduct cost to start work in Spring of 2019 per the dates on the attached schedule. $3,200 .00 $3,000 .00 Alternate No. 4: Add/deduct cost to paint ceiling struct ure of rink area in May 2019 w ith ice removed from rink surface. 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING October 16, 2018 SPECIAL MEETING 4:30 P.M. 4:30 AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER 1. Discussion on Liquor Ordinance Update 2. Health insurance options for retirees (Available Tuesday) REGULAR MEETING 7:00 P.M. 7:00 AGENDA IV. CALL TO ORDER V. ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. APPROVAL OF MINUTES 3. Possible approval of the October 2, 2018 regular and recessed meeting minutes. VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS IX. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. X. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator 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. 12. Resolution 2018-224, directing payment of bills 13. Resolution 2018-225, approving the issuance of a New Wine & Strong Beer Liquor License to Mon Petit Cheri LLC, DBA: Mon Petit Cheri 14. Resolution 2018-226, approving the issuance of a New On-sale and Sunday Liquor License to Only A Dim Image Productions, DBA: The Zephyr Theatre 15. Resolution 2018-227, approval of agreement with SafeAssure Consultant, Inc. for OSHA and Safety Consultation 16. Resolution 2018-228, adopting delinquent cleanup services charges (L.I. Project #00040) 17. Resolution 2018-229, adopting delinquent parking mitigation fees (L.I. Project #00080) 18. Resolution 2018-230, resolution adopting the Washington County All Hazard Mitigation Plan 19. Resolution 2018-231, a resolution authorizing city staff to engage the services of a residential real estate appraiser to perform an appraisal of the properties involved in Washington County Litigation 82-CV-17-5103 20. Possible approval of sanitary sewer adjustments 21. Resolution 2018-232, resolution adopting assessment for retaining wall improvements for 823 South Fifth Street (GEOCODE 3303020120014) XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 22. This is the date and time for a public hearing on an ordinance amending the Charter of the City of Stillwater. Notice was published in the Stillwater Gazette on September 28, 2018. (2nd reading – Roll Call) 23. This is the date and time for a public hearing for the assessments associated with the 2018 Street Improvement Project (Project 2018-02). Notice was published in the Stillwater Gazette on September 28, 2018 and mailed to affected property owners. (Resolution – Roll Call) 24. This is the date and time for a public hearing for the assessments associated with the 3rd Street South Street Improvement Project (Project 2018-09). Notice was published in the Stillwater Gazette on September 28, 2018 and mailed to affected property owners. (Resolution – Roll Call) XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 25. Possible approval of award of bids for St. Croix Valley Rec Center Athletic Dome Replacement (Resolution - Roll Call) (Available Tuesday) 26. Possible approval of consultant for the Riverbank Stabilization and Riverwalk Project XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS 27. Beyond the Yellow Ribbon update XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT TO CLOSED SESSION FOR ATTORNEY-CLIENT PRIVILEGED COMMUNICATION UNDER 13D.05 SUBD. 3(B) TO DISCUSS PENDING LITIGATION XX. ADJOURNMENT TO A CLOSED SESSION PURSUANT TO MINN. STAT. 13D.05 SUBD. 3(C) TO CONSIDER THE PURCHASE OF 121 E. CHESTNUT. 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 43 REGARDING LIQUOR OF THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Chapter 43 relating to Liquor is hereby amended as follows: ARTICLE I. - IN GENERAL Sec. 43-1. - Definitions. All words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in Minn. Stat. § 340A.101 et seq., except where the context clearly indicates a different meaning. APPLICANT means (1) a person applying for a liquor license; (2) corporation, partnership, or other legal entity with an officer, director, agent, or employee of a holder applying for a liquor license; or (3) an affiliate of a holder applying for an off-sale intoxicating liquor license, regardless of whether the affiliation is corporate or by management, direction, or control. HABITUAL, as used in section 43-72 subd. 2 (19), means more than ten (10) separate instances of unlawful conduct have occurred on the licenses premises within a calendar year. LICENSED PREMISES, for purposes of sale and consumption of intoxicating liquor, means a space that is compact and contiguous. In the case of a restaurant or club licensed in conjunction with a golf course, Licensed Premises means the entire golf course, except for areas where motor vehicles are regularly parked or operated. MANUFACTURER means a manufacturer or distiller of intoxicating liquor, or anyone interested in the ownership or operation of any such place, or a person operating a licensed premises owned by a manufacturer, distiller or exclusive wholesale distributing agent unless such interest was acquired at least six months prior to January 1, 1934. No equipment or fixtures in any licensed premises may be owned in whole or in part by any manufacturer or distiller. RESTAURANT is an establishment where meals are regularly prepared on the premises and served at tables to the general public, as defined in Minn. Stat. § 340A.101, Subd. 25. Restaurants must be considered a small, medium or large establishment, as defined by the Minnesota Department of Health. UNLAWFUL CONDUCT as used in section 43-72 subd. 2 (19), means citations issued to an owner or patron by the Stillwater Police Department or any other licensed peace officer responding to a call for assistance for disorderly conduct, assault, noise violation, 911 violation, 2 unlawful assembly, trespass, remaining open for business for 90 days or more while on the Minnesota Department of Revenue’s posted list of sales tax delinquent liquor establishments, or any other violation of state or local liquor laws. Sec. 43-2. - State law adopted. Minn. Stat. ch. 340A is adopted by reference as if set out at length in this chapter. If the other provisions in this chapter are more stringent than the provisions of Minn. Stat. ch. 340A, the provisions of this chapter shall be controlling. Sec. 43-3. - Responsibility of licensees. Every licensee under this chapter is responsible for the conduct in the licensed establishment and any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee. Sec. 43-4. - Sales to obviously intoxicated persons. No person may sell, give, furnish, or in any way procure for another alcoholic beverages for the use of an obviously intoxicated person. Sec. 43-5. - Sales to and consumption by persons under 21 years of age. Subd. 1. It is unlawful for any: (1) Retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store or bottle club permit holder under Minn. Stat. § 340A.414, to permit any person under the age of 21 years to consume alcoholic beverages on the licensed premises; (2) Person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household and with the consent of the parent or guardian. Subd. 2. It is unlawful for any person: (1) To sell, barter, furnish or give alcoholic beverages to a person under 21 years of age; (2) Under the age of 21 years to purchase or attempt to purchase any alcoholic beverage; or 3 (3) To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person'’s driver'’s license, permit, state identification card, or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase any alcoholic beverage. (4) It is unlawful for any person to host or allow an event or gathering at any residence, premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person. A person is responsible for violating this law if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. A person does not need to be present at the event or gathering to be in violation of the ordinance from which this subsection was derived. If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of subsection (1) of this subdivision that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defen household. Subd. 3. It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of the arent or guardian. Possession at a place other than the household of the parent or guardian creates a rebuttable presumption of intent to consume it at a place other than the household of the parent or guardian. This presumption may be rebutted by a preponderance of the evidence. Subd. 4. It is unlawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any municipal liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage. Notwithstanding Minn. Stat. § 340A.509, this subdivision does not prohibit a person 18, 19 or 20 years old from entering an establishment licensed under this chapter to: (1) Perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by Minn. Stat. § 340A.412, subd. 10; (2) Consume meals; or (3) Attend social functions that are held in a portion of the establishment where liquor is not sold. Subd. 5. It is unlawful for a person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. 4 Subd. 6. Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) A valid drive license issued by this state, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) A valid state identification card; (3) A valid Canadian identification card with the photograph and date of birth of the person, issued by a Canadian province; or (4) In the case of a foreign national, from a nation other than Canada, by a valid passport. Subd. 7. In a prosecution under subdivision 2(1) of this section, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in subdivision 6 of this section in selling, bartering, furnishing or giving the alcoholic beverage. Sec. 43-6. - Restrictions. Subd. 1. The restrictions imposed upon licensees of off-sale and on-sale licenses shall be as provided by Minn. Stat. §§ 340A.410, 340A.412, 340A.413 and 340A.503—340A.508. Further, all licenses are valid only for the compact and contiguous area described in the license and for no other area unless otherwise permitted by law. Subd. 2. Signage. (1) Signage for the premises "NO ALCOHOL BEYOND THIS POINT" or "NO ALCOHOL PERMITTED IN THIS AREA" shall be two inches tall in contrasting letters. This shall be determined by the city clerk and/or building official. (2) Consumption or sale of alcohol on non-licensed areas of the premises will be in violation of this liquor ordinance and subject to a fine as stated in chapter 22, section 22-9. Sec. 43-7. - Posting. A retail license issued under this chapter must be posted in a conspicuous place in the premises for which it is issued. Sec. 43-8. - Inspection of premises. All premises from which intoxicating liquor or 3.2 percent malt liquor is sold shall be subject to inspection by any police officer, health officer or other designated officer or employee of the citycity during all hours the premises are open for business. 5 Sec. 43-9. - License or permit revocation or suspension. Any retail license or permit issued or approved under this chapter shall be either suspended for up to 60 days or revoked or a civil fine not to exceed $2,000.00 for each violation imposed upon a finding by the city council that the license or permit holder has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. No suspension or revocation shall take effect until the license or permit holder has been afforded an opportunity for a hearing under Minn. Stat. §§ 14.57—14.69 of the Administrative Procedure Act. This section does not require the city council to conduct the hearing before an employee of the office of administrative hearing. The city council or the state commissioner may impose the penalties provided in this section on a retail licensee who knowingly: (1) Sells alcoholic beverages to another retail licensee for the purpose of resale; (2) Purchases alcoholic beverages from another retail licensee for the purpose of resale; (3) Conducts or permits the conduct of gambling on the licensed premises in violation of the state law; (4) Fails to remove or dispose of alcoholic beverages when ordered by the state commissioner to do so under Minn. Stat. § 340A.508, subd. 3; or (5) Fails to comply with all applicable statutes or ordinances relating to the sale of alcoholic beverages. (6) Habitually permits unlawful conduct to occur in or upon the licensed premises. a. Definitions as used in this section: 1. Unlawful conduct means citations issued to an owner or patron by the Stillwater Police Department or any other licensed peace officer responding to a call for assistance for: a) disorderly conduct, b) assault, c) noise violation, d) 911 violation, e) unlawful assembly, f) trespass, g) remaining open for business for 90 days or more while on the Minnesota Department of Revenue'’s posted list of sales tax delinquent liquor establishments, and h) any other violation of existing state or local liquor laws. 2. Licensed premises means the compact and contiguous premises described in the application for a liquor license. 6 3. Habitual means more than ten separate instances of unlawful conduct have occurred on the licenses premises within a calendar year. 4. Each instance of unlawful conduct after the tenth separate instance is a violation of this section. 5. In the event that five citations for unlawful conduct have been issued within a calendar year, the Stillwater Police Chief or his designee must meet and confer with the license holder. Thereafter, a copy of any citation for unlawful conduct that will add to the total for the year must be sent by mail to the license holder. Sec. 43-10. - Investigation of applicant for license. (a) Preliminary background. On an initial application for a liquor license (except temporary liquor license), or transfer of a license, and on an application for renewal of a license, the city police department shall conduct a preliminary criminal history through the Minnesota Computerized Criminal History (CCH) system, and a driver's license check or it may contract with the commissioner of public safety for the investigation. The applicant must submit an investigation fee with the application as required in chapter 43, section 43-67 of the City Code in addition to any license fee. (1) The preliminary criminal history and driver's license background must be completed for the following persons: Owners* Partners* Officers* Agents/managers who oversee the sale or purchase of liquor. *If a large corporate or franchise business (more than three owners/officers/partners) applies for the liquor license, the city police department shall conduct a preliminary criminal history as stated in section 43-10(a). Each corporate officer must also complete a personal history form in addition to the agent or manager's requirement. The criminal history check will be done on the manager/agent or responsible party through the public Minnesota Criminal History website. Each manager shall complete a personal history form. 7 (2) The application packet shall include the following for the completion of a CCH for owners, partners, officers, manager/agent or responsible party: a. Data practices advisory for protected information; and b. Consent for release of information. (b) Comprehensive background and financial investigation. If the results of a preliminary investigation warrant are not acceptable to the police chief, a comprehensive background and financial investigation may be conducted. The city may either conduct the investigation or contract with the commissioner of public safety for the investigation. If a comprehensive background and financial investigation is conducted, and if any part of the investigation occurs outside of the state, the fee for such comprehensive background and financial investigation shall not exceed $10,000.00, less any amount paid for the initial investigation. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation. The results of the comprehensive background and financial investigation shall be sent to the commissioner of public safety if the application is for an on-sale intoxicating, an on-sale wine with strong beer, or off-sale liquor license. Secs. 43-11—43-40. - Reserved. ARTICLE II. - SALE OF INTOXICATING LIQUOR FOR OFF-PREMISES OR ON- PREMISES CONSUMPTION DIVISION 1. - GENERALLY Secs. 43-41—43-60. - Reserved. DIVISION 2. - LICENSE Sec. 43-61. - Required. Subd. 1. It shall be unlawful for any person, directly or indirectly, upon any pretense or by any device, to sell, exchange, barter, dispose of, or keep for sale any intoxicating liquor for on-sale or off-sale within the limits of the city without first having obtained the required license therefor. Subd. 2. Investigation. The city clerk and police chief shall investigate the applicant and the representations set forth in the applicationIn order to protect the general welfare of the public, liquor license applications require a background investigation. The investigations will be conducted pursuant to this section. (1) Authorization. At the time of making an initial or renewal license application, the applicant must provide written authorization to the city to investigate all facts set out in the application and to do a background investigation on the applicant. The information 8 obtained from the investigation shall be used to assist the Police Chief in making a recommendation as to whether the applicant should be granted a license. The recommendation may be based on any of the following criteria: a. Whether the applicant was convicted of a crime or offense in the last five years involving or directly relating to the business for which a license is sought; b. Whether there is a material misrepresentation in the application; or c. Whether the applicant is of good moral character. (2) Investigation fee. All applicants that must undergo a background investigation must pay an investigation fee with the license application. The city council establishes the investigation fees by city council resolution. Subd. 3. Insurance. The applicant must file with the city clerk a certificate of insurance from an insurance company duly licensed and qualified to do business in the state, on a form approved by the city. (1) Coverage requirements. The insurance policy certified must provide coverages and amounts as required by State law and by the city. (2) Coverage changes and cancellation. The applicant may not cancel or change the insurance without 30 days’ prior written notice to the city clerk by certified mail. The certification of insurance must be continuously in effect until 30 days after receipt of the written notice of cancellation or change, provided however, the certification must not extend for more than two years. Subd. 4. After the city has received a completed application, including all required documentation, appropriate fees and a completed background investigation, the license will be submitted to the city council for consideration. Subd. 5. Incomplete applications will be rejected by the city clerk and will not be submitted to the city council. Subd 6. License fees. License fees must be paid with the application and must be submitted before the city will grant the license. (1) Fee determination. The fees for licenses are established by city council resolution. (2) Refunds. License fees are not refundable unless approved by the Council. Specific fees for which work was performed, such as a background investigation, shall not be refundable. Subd. 7. License Term. The term of the license year begins on January 1 and ends on December 31, unless a shorter license term is specified upon approval. 9 Sec. 43-62. - Persons Ineligible. Subd. 1. No retail license may be issued to: The city council may not issue a license to an applicant, if the applicant: (1) Is a minor at the time the application is filed; (2) Within five years of the license application, has been convicted of a felony, gross misdemeanor or misdemeanor punishable by jail, the crime is directly related to the license sought and the applicant has not shown by competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (3) Is not a citizen of the United States or a resident alien of the United States; (4) Is a manufacturer of 3.2% malt liquor or is interested in the control of any place where 3.2% malt liquor is manufactured; (5) Is applying for an off-sale license and 3.2% malt beverages are sold for consumption on the licensed premises; or (6) Is or during the period of the license becomes the holder of a federal retail liquor dealer’s special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him or her a local license to sell intoxicating liquor at that place; (7) Is not the owner of the establishment for which the license is issued; (8) Owned an interest of more than 5% of the corporation, partnership, association, enterprise, business or firm applying for the license and who has had an intoxicating liquor license revoked in any jurisdiction within five years of the license application; (9) Is applying for a location business which is located in an area prohibiting such locationin an area that is prohibited for such use by state law or the city zoning Code or where the which principal building is within 500 feet of a school or churchprincipal school building or a principal church building; or (10) Is applying for an off-sale and already has an off-sale intoxicating liquor license. (1) A person under 21 years of age; (2) A person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, 10 partnership, association, enterprise, business or firm in which any such person is in any manner interested; (3) A person not of good moral character and repute; or (4) A person who has a direct or indirect interest in a manufacturer, brewer or wholesaler Subd. 2. No new retail license may be issued to, and the city council may refuse to renew the license of, a person who, within five years of the license application, has been convicted of any felony or a willful violation of a federal or state law or city ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. Sec. 43-63. - Application. Subd. 1. Applications for an intoxicating liquora license must be submitted on a from provided by the city for an initial license, a license renewal and upon any change of ownership of business control of a licensed premises. In addition to the information which may be required by the state department's form, tThe application shall state whether the applicant is a natural person, corporation, partnership or other form of organization and the type of license the applicant seeks. Subd. 2. If the applicant is a natural person, the following information shall be included in the application: (1) True Full name, place and date of birth, and street resident address of where applicant has lived during the past five years. (2) Whether applicant has ever used or been known by a name other than his true nameany other name; and, if so, what was such the name or names, including maiden names and information concerning dates and places where used. (3) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Minn. Stat. ch. 333, certified by the secretary of the state shall be attached to the application. (4) Whether applicant is married or single. If married, true name, place of birth and street residence address of applicant'’s present spouse. (5) Whether applicant and present spouse are registered voters, and if so, where. (6) Street addresses at which applicant and present spouse have lived during the preceding ten years. (4) (7) KindType, name and location of every business or occupation applicant and present spouse have has been engaged in during the preceding ten five years. 11 (5) (8) Names and addresses of applicant’s and spouse's employers and partners, if any, for the preceding ten five years. (6) (9) Whether applicant or spouse or a parent, brother, sister, or child of either of them has ever been convicted of any felony, crime or violation of any ordinance, other than minor traffic violations, that are directly related to the business for which the license is sought. If so, the applicant shall furnish information as to the time, place and offense for which such convictions were had. (7) (10) Whether the applicant or spouse, or a parent, brother, sister, child of either of them, has ever been engaged in operating or as an employee of a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, the applicant shall furnish information as to the time, place and length of time of such engagement. (11) Whether applicant has ever been in the military service. If so, applicant shall upon request exhibit all discharge information. (12) The name, address and business address of each person who is engaged in the state in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law or who is a brother-in-law or sister-in- law of the applicant or spouse. (8) The applicant’s current personal financial statement and copies of the applicant’s federal and state tax returns for the two years prior to the application; (9) The applicant’s Social Security number. Subd. 3. If the applicant is a partnership, the following information shall be included in the application: (1) the Name of the partnership or entity and the state of formation. (2) A copy of the partnership agreement. (3) The names and addresses of all partners and all information concerning each partner as is required of a single applicant in subdivision 2 (1)-(8) of this section. A managing partner or partners shall also be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application; and if the partnership is required to file a certificate as to a trade name under the provisions of Minn. Stat. ch. 333 a copy of such certificate certified by the secretary of the state shall be attached to the application. 12 (4) The applicant’s federal tax identification number and state employer identification number. Subd. 4. If the applicant is a corporation or other organization, and is applying for an on-sale or off-sale license, the following is required information shall be included in the application: (1) (1) Name, and if incorporated, of the corporation or entity and the state of incorporation or formation. (2) (2) A true copy of certificate of incorporation,the articles of incorporation of or association agreement and bylaws; and if a foreign corporation, a certificate of authority as described in Minn. Stat. ch. 303. (3) The name of the manager or proprietor or agent in charge of the premises to be licensed, the assistant manager, the food manager and the beverage manager giving all the information about those persons as is required of a single applicant in subdivision 2 of this section. All managers listed in the application must complete a Part II - Personal History on a form provided by the city. (3) (4) The application shall contain a list of all persons who, singly or together with their spouse or a parent, brother, sister or child or either of them, The names and addresses of all officers and anyone who owns or controls an interest in the corporation or association in excess of five percent or who are officers of the corporation or association, together with their addresses and all information as is required of a single applicant in subdivision 3 2 (1)-(8) of this section, except that applications for off-sale shall list all persons who own or control any interest in the corporation. This provision, however, does not apply to a corporation whose stock is publicly traded on a stock exchange and the corporation is applying for a license to be owned and operated by itself. (4) The applicant’s federal tax identification number and state employer identification number. Subd. 5. If the application is for on-sale club or an on-sale commercial-recreational club license, the following information is required: (1) (1) The name of the club or commercial-recreational club, and, where appropriate, the name of the establishment serving the commercial-recreational club. (2) (2) Date that club or commercial-recreational club was first organized and place of such organization. (3) (3) A sworn statement that the club complies with the following: a. has Has been in existence for more than three one years; 13 b. and which shall for more than three years haveHas owned or rented, hired or leased a building or space in a building for more than one year of such extent and character as may bethat is suitable and adequate for the reasonable and comfortable accommodation of its members, ; and c. whose Whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. ; and The statement shall be made by a person who has personal knowledge of the facts stated therein. If no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts. d. The number of members of the club or commercial-recreational club is not less than 30 members. (4) The number of members of the club or commercial-recreational club shall be not less than 50 members. (5) The name of the manager, proprietor or other person who shall be in charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an on-sale license as is set forth in subdivision 2 of this section. All managers listed in the application must complete a Part II - Personal History on a form provided by the citycity. Subd. 6. Every application shall also contain the following: (1) the The exact legal description of the premises and parcel identification number to be licensed together with a plot site plan of the area showing dimensions, location of buildings and any extension of the premises or outside areas that the licensee proposes to include in the area covered by the license, street access, parking facilities and the locations of distances to the nearest church building and school grounds. Subd. 7. Every application shall contain the The floor number and street number address where the sale of intoxicating liquors is to be conducted and the roomsof the licensed premises and the floor plan showing where liquor is to be sold or consumed. An applicant for an on-sale license shall submit a floor plan of theinclude dimensions of any dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall and indicate the number of persons intended to be served in each room. 14 (2) The name of the manager or proprietor or agent in charge of the premises to be licensed, the assistant manager, the food manager and the beverage manager giving all the information about those persons as is required of a single applicant in 43-63 subd. 2 (1)- (8) of this section. Subd. 8. If a permit from the federal government is required by the laws of the United States, whether or not such permit has been issued; and, if so required, in what name the permit was issued and the nature of the permit shall be indicated in the application. Subd. 9. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and proof of the source of such money shall be indicated in the application. Subd. 10. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment or other reimbursement shall be included in the application. This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lienholders, trustees, trustors and persons who have cosigned notes or otherwise loaned, pledged or extended security for any indebtedness of the applicant. (3) Subd. 11. Every application shall contain aIf the property owner and the applicant are the same person or entity or have any common ownership, a statement as to whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid. (4) Whether the applicant holds a current license or has ever held a license from any governmental unit, including the city; (5) Whether the applicant has ever had a license in any city or state denied, revoked or suspended and the reason for the denial, revocation or suspension; (6) The name of the business, if it is to be conducted under a designation, name or style other than the name of the applicant and a certified copy of the certificate as required by Minn. Stat. § 333.01; (7) If the applicant does not own the business premises, a true and complete copy of the executed lease for the premises, if applicable; (8) A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true. If the applicant is a corporation, an officer must sign the written declaration. If the applicant is a partnership, a general partner must sign the written declaration. If the applicant is an unincorporated association, the manager or managing officer must sign the written declaration; (9) A physical description of the applicant, along with a copy of a state-issued identification for the applicant or main contact person for the application; 15 (1)(10) If the licensed activity requires prior approval from another government entity, written evidence of that approval; and (11) Other information as the city council may require. Subd. 12. Whenever the application for an on-sale license to sell intoxicating liquor, or for a transfer thereof, is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the citycity, no plans need be filed and a statement to that fact shall be in the application. Subd. 13. An application for a special license for Sunday sales may refer to, and incorporate therein by reference, the information contained in the licensee'’s application for an on-sale license to the extent that such information is current and applicable at the time of such application for a special license for Sunday sales. Subd. 14. Each applicant shall provide the amount, type and name of his multiperil insurance carrier and also notify the citycity each time the insurance is increased or changed in any manner. Subd. 15. Every application for the issuance or renewal of a license for the sale of intoxicating liquor must include a copy of each summons received by the applicant under Minn. Stat. § 340A.802 during the preceding year. Subd. 16. The application shall contain such other information as the citycity councilcity council may require. Subd. 17. Management agreement. (1) No licensee under this chapter shall enter into a management agreement allowing another person to manage the licensed premises without providing the city clerk with a copy of the proposed management agreement. (2) Managers listed in the management agreement must complete a Part II - Personal History application provided by the city. (3) Upon receiving a copy of the proposed management agreement and Part II - Personal History application, the city clerk shall provide the chief of police information necessary to perform background investigations on managers referenced in the management agreement. No management agreement shall become effective until it has been approved by the chief of police. (4) If the chief of police determines that the proposed management agreement should not be approved, he shall notify the city council which will provide the licensee the opportunity for a hearing before final action is taken by the city regarding the proposed management agreement. 16 (5) The city council, in its discretion, shall have the right to refuse to approve a proposed management agreement if it determines that such approval would not be in the best interests of the city. (6) Failure to provide the city a copy of the management agreement and a Part II - Personal History application on any/all managers listed in the agreement, by an existing licensee shall be grounds for automatic revocation of the license. (7) The management agreement does not release the liquor licensee from being responsible/liable for all processes, requirements, and stipulations stated in chapter 43, Liquor, associated with the liquor license for the establishment under management. (8) If the management agreement provides that the manager will purchase or lease the licensed premises, the manager shall submit a completed license application to the city within 30 days after the approval of the management agreement by the city. Sec. 43-64. - Renewal of license. Subd. 1. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such form as the city council may approve. Failure to submit a renewal application by the expiration date means there is no guarantee of the license being renewed. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for histhe failure to file for a renewal within the time provided, the city council may, if the other provisions of this article are complied withmet, grant the application. In the absence of such sufficient cause found by the city council, thirty days after its expiration, the license will be considered terminated. If a timely submission of a renewal application is made by an applicant in good standing, but the city council does not act upon the application prior to December 31, then upon written authorization by the city, the applicant may continue to operate until the city council considers the renewal application. Proposed enlargement, alteration or extension of premises previously licensed shall be reported to the city clerk at or before the time application is made. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this article are complied with, grant the application. Changes in the corporate articles or partnership agreement, as the case may be, shall be submitted to the city clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the city clerk when a person not listed in the application acquires an interest in the corporation and shall give all information about the person as is required in an initial application. Subd. 2. An annual investigation will be performed by the chief of police on all current managers of the establishment. The licensee shall notify the city clerk of any changes to the information on the application during the license term, including adding or removing persons on the application, enlarging or changing the dimensions or serving areas of the licensed premises, or 17 other information on the application. The city clerk shall determine if the changes require additional fees, background investigations or an amendment of the license by the city council. Subd. 3. An annual renewal application must include payment of the investigation fee as established from time to time by the city council by resolution. Subd. 4. Inactive Licenses. Provided all license fees are paid when due and kept current, a licensed premises may remain at a vacant location for a period of the remaining calendar year in which the vacancy occurs, and for one year thereafter. At the end of this period, the inactive license will be deemed abandoned without further notice or hearing and the city council will be entitled to grant the license to another person or entity. Sec. 43-65. - On-sale wine license; application. Subd. 1. On-sale wine licenses may be issued, with the approval of the commissioner, to a restaurant having facilities for seating at least 25 guests at one time. If the holder of this license is also licensed to sell 3.2 percent malt liquor at on-sale, and has gross receipts at least 60 percent attributed to the sale of food, the holder may also sell intoxicating malt liquor on-sale without an additional license. Subd. 2. Every application for an on-sale retail wine license shall state the name of the applicant; his age; representations as to his character, with such references as the city council may require; the restaurant in connection with which the proposed licensee will operate and its location; whether the applicant is owner or operator of the restaurant; how long he has been in the restaurant business at that place; and such other information as the city council may require. In addition to containing this information, the application must be in the form prescribed by the state and shall be verified and filed with the city clerk. Sec. 43-66. - False statements in application. It is unlawful for any person to make a false statement in any application. Sec. 43-67. - Investigation fee. An investigation fee, as established by the city council, must be submitted along with both original and renewal applications. Sec. 43-68. - Liability insurance. No retail intoxicating liquor license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by Minn. Stat. § 340A.801. The minimum requirement for proof of financial responsibility may be given by filing a certificate of insurance providing coverage as required in state law. 18 Sec. 43-69. - Issuance or denial of license application. Subd. 1. No intoxicating liquor license shall be issued for any premises on which taxes, assessments or other financial claims of the citycity are delinquent or unpaid. Subd. 2. No license may be issued to: (1) A person under the age of 21 years; (2) A person who within five years of the license application has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution, of intoxicating or nonintoxicating malt liquors; (3) A person who has had an intoxicating liquor or nonintoxicating liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business or firm in which any such person is in any manner interested; or (4) A person not of good moral character and repute. Subd. 3. No license shall be granted to any person, for any place or for any business ineligible for such a license under state law. Subd. 4. No license shall be granted for any business which is located in an area prohibiting such location by state law or which principal building is within 500 feet of a principal school building or a principal church building. Subd. 5. An off-sale intoxicating liquor license may not be issued to a place where 3.2 percent malt liquor is sold for consumption on the premises. This prohibition does not apply to those places where both an on-sale and off-sale license or a combination license have been issued under Minn. Stat. § 340A.406. Sec. 43-70. - On-sale licenses.License Types Subd. 1. On Sale licenses. An on-sale intoxicating liquor license may be issued to the following establishments:clubs, restaurants, theaters, hotels and bowling centers. (1) Hotels; (2) Restaurants, as defined by Minn. Stat. § 340A.101, subd. 25, having a minimum seating capacity of 25 guests; 19 (3) Clubs or congressionally chartered veterans' organizations with the approval of the state commissioner, provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; (4) Exclusive liquor stores; and (5) Bowling centers. (6) Brew pubs, as defined by Minnesota Stat. § 340A.101, subd. 3a, for use in a restaurant operated in the place of manufacture. (7) Brewer tap rooms, as defined by Minnesota Stat. § 340A.26, for the sale of malt liquor produced on the premises. Subd. 2. An on-sale wine license may be issued with the approval of the state commissioner to a restaurant having facilities for seating at least 25 guests at a time. Subd. 2. Off-Sale licenses. Off-sale licenses may be granted to permit the retail sale of alcoholic beverages containing more than 3.2% alcohol by volume in its original container for consumption off the licensed premises only. Such licenses may be issued to drug stores to which an off-sale license had been issued on or prior to May 1, 1994, and exclusive liquor stores. Subd. 3. On-sale wine licenses. Except as otherwise provided in this section and by law, on- sale wine licenses may be granted and issued to restaurants, bed and breakfasts and theaters. Subd. 4. Sunday sales licenses. A special license authorizing the sale of intoxicating liquor on Sunday in conjunction with the sale of food may be issued to any qualified establishment holding an on-sale license. Subd. 5. Temporary on-sale licenses. (1) General rule. Notwithstanding any other provision of this section, a club (as defined in Minn. Stat. § 340A.101, Subd. 7) or charitable, religious or other nonprofit organization may obtain a temporary on-sale license to sell intoxicating liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an on-sale intoxicating liquor license issued by the city. (2) Caterer. The license may provide that the licensee must contract with the holder of an intoxicating liquor license issued by the city who also has a state-issued caterer’s permit for dispensing intoxicating liquor. The caterer must provide the city with a valid certificate of insurance for the event. (3) A separate license fee shall be due for each application submitted. However, if the 20 applicant applies for more than one event in a single application, only one license fee shall be required. (4) Number of days per event. The license will not authorize any temporary on-sale intoxicating liquor license for more than four consecutive days. (5) Number of events per year. The city will not authorize more than three four-day, four three-day, six two-day or 12 one-day temporary licenses, in any combination not to exceed 12 days per year for the sale of intoxicating liquor to any one organization or for any one location within the city for a 12-month period. (6) Number of events per 30-day period. The city shall not issue more than one license to any organization or political committee, or any one location, within a 30-day period. (7) Application. Application for a temporary license may be made on forms provided by the city clerk and must include the following information: a. The name, address and purpose of the organization, together with the names and addresses of its officers, and evidence of nonprofit status or of its status as a club as defined in this section; b. The purpose for which the temporary license is sought, together with the location, dates and hours during which wine or intoxicating liquor will be sold; c. Consent of the owner or manager of the premises or person or group with lawful responsibility for the premises; d. Evidence that the manager or director has received alcohol awareness training as required in section 43-71 subd. 12; and e. A security plan approved by the Police Chief or his or her designee. (8) Reasonable conditions. The city council may impose reasonable conditions to protect the health, safety and general welfare of the public. Subd. 6. Special provisions - sports facilities, cultural facilities, community festivals and consumption and display permits. (1) Sports facility or cultural facility. A holder of an on-sale intoxicating liquor license issued by the city may obtain a temporary license to dispense intoxicating liquor at a convention, banquet, conference, event, meeting or social affair conducted on the premises of a sports facility or cultural facility owned by the city, subject to the limitations in Minn. Stat. § 340A.404, Subd. 4(a),. (2) Community festival. A holder of an on-sale intoxicating liquor license issued by the city 21 may obtain a temporary license to dispense intoxicating liquor off premises at a community festival held within the city. The area for the dispensing and consumption of intoxicating liquor must be compact and contiguous, with proper separation to control ingress and egress. The licensee must demonstrate that it has liability insurance as prescribed by Minn. Stat. § 340A.409, to cover the event. (3) Consumption and display permits. a. Permit required. No business establishment or club may allow the consumption and display of alcoholic beverages without first having obtained a consumption and display permit from the Commissioner of the Department of Public Safety and from the city. A consumption and display permit may be approved by the city council for an organization that complies with the requirements of Minn. Stat. § 340A.414, Subd. 2, and that complies with all the provisions of this section. The city’s permit is not effective until a consumption and display permit is approved by the Commissioner of the Department of Public Safety. b. Posting of permit. The city’s permit must be posted continuously in some conspicuous place upon the premises alongside the permit issued by the Commissioner of the Department of Public Safety. c. Application. The applicant must submit to the city clerk, the application form for consumption and display permits provided by the Commissioner of the Department Public Safety, any additional forms required by the city clerk, and the appropriate fees. d. Term. Permits issued by the city expire on March 31 of each year, coinciding with the permit issued by the Commissioner of the Department of Public Safety. e. One license per applicant. Not more than one license shall be directly or indirectly issued within the city to any one person. f. Location and transfer. A permit shall be issued only for the compact and contiguous premises described in the application. A permit may not be transferred to another person or to another place. g. Hours. The consumption and display of intoxicating liquor is allowed only within the hours and days fixed by Minn. Stat. § 340A.504, Subd. 5, unless further restricted by the city council. Subd. 7. One-day consumption and display permits. (1) Intent and purpose. It is the intent and purpose of this section to effectuate the authorization to issue one-day consumption and display permits given to cities by Minn. Stat. § 340A.414, Subd. 9. 22 (2) Issuance to non-profits. One-day consumption and display permits may only be issued to a non-profit organization in conjunction with a social activity in the city sponsored by the organization. The permit must be approved by the Council. (3) Limit on number of permits. The city shall not approve more than ten one-day consumption and display permits in any calendar year. (4) Reasonable conditions. The city council may impose reasonable conditions on any license provided in this section to protect the health, safety and general welfare of the public. Subd. 8. Temporary off-sale wine license. Temporary off-sale wine licenses may be issued for the off-sale of wine at an auction with the approval of the Commissioner of Public Safety. A temporary off-sale wine license authorizes the sale of only vintage bottled wine that is at least five years old and is of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three consecutive days provided not more than six hundred cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by the city. Subd. 9. Culinary class limited on-sale license. A limited on-sale intoxicating liquor license may be issued to a business establishment: (a) not otherwise eligible for an on-sale intoxicating liquor license; and (b) that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or twelve ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only. Subd. 10. Brewer license. (1) On-sale brewpub license. On-sale intoxicating or on-sale 3.2% malt liquor may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria of Minn. Stat. § 340A.24. (2) Off-sale malt liquor brewer license (off-sale brewpub). A brewer with an on-sale brewpub license may be issued an off-sale malt liquor brewer license which shall permit the off-sale of malt liquor at the brewer’s licensed premises subject to the provisions of Minn. Stat. § 340A.24. a. A brewer may only hold one brewer off-sale malt liquor license. b. The only malt liquor sold on the licensed premises shall be malt liquor produced by the brewer at the brewery premises. (3) Brewer taproom license. A brewer taproom license may be issued to a holder of a brewer’s license, which authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the 23 brewer. A brewer may only have one taproom license and may not have an ownership interest in a brewpub. (4) Brewer temporary on-sale intoxicating liquor license. A brewer temporary on-sale intoxicating liquor license may be issued to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on-sale of intoxicating liquor in connection with a social event within the city that is sponsored by the brewer. Subd. 11. Microdistiller license. (1) Cocktail room license. The holder of a microdistillery license under Minn. Stat. § 340A.22 may be issued a cocktail room license. a. A cocktail room license authorizes the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. b. A distiller may only have one cocktail room license and may not have an ownership interest in a distillery licensed under Minn. Stat. § 340A.301, Subd. 6(a). (2) Microdistiller off-sale license. A microdistiller off-sale license may be issued to the holder of a state microdistillery license if at least 50% of the annual production of the licensee is processed and distilled on premises. An off-sale license herein authorizes off- sale of one 375 milliliter bottle per customer per day of product manufactured on-site provided the product is also available for distribution to wholesalers. (3) Microdistiller temporary on-sale intoxicating liquor license. A microdistiller temporary on-sale intoxicating liquor license may be issued to the holder of a state microdistillery license. A temporary on-sale license herein authorizes on-sale of intoxicating liquor in connection with a social event within the city that is sponsored by the microdistillery. Sec. 43-71. - Off-sale liquor license. Subd. 1. An off-sale intoxicating liquor license may be issued to an exclusive liquor store with the approval of the commissioner. (1) Brewer tap rooms, as defined by Minnesota Stat. § 340A.26, for the sale of malt liquor produced on the licensed premises or adjacent premises. (2) Brewer pubs, as defined by Minnesota Stat. § 340A.101, Subd. 3(a), for the sale of malt liquor produced and packaged on the licensed premises. 24 (3) Small brewers, as defined by Minnesota Stat. § 340.28, provided that the amount sold at off sale may not exceed 500 barrels annually. Subd. 2. An off-sale intoxicating liquor license for the sale of "growlers" may be issued to a brewer that qualifies under Minn. Stat. § 340A.302, subd. 7(b) with the approval of the commissioner. Subd. 3. The city may issue the holder of a Minnesota brewer's license a brewer taproom license to authorize on-sale of malt liquor produced by the brewer for consumption on the premises or adjacent to one brewery location owned by the brewer. (1) A brewer may have only one taproom license and may not have an ownership of another brewery. (2) A brewer taproom license may not be issued to a brewer if the brewer seeking the license or any person having an economic interest in the brewer seeking the license is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Sec. 43-71.1. - Combination licenses. Subd. 1. The city may issue an off-sale and on-sale intoxicating liquor license to the same licensee, or, in lieu of issuing on-sale and off-sale licenses separately to a licensee, may issue a combination on-sale and off-sale license. Sec. 43-72. - Fees. The fee for on-sale, brewer taproom, off-sale or Sunday sales liquor license or for on-sale wine license shall be as set by the city council by resolution. The licenses shall be for one year from January 1 through December 31. Sec. 43-71 – General Conditions. All licenses granted under this chapter will be considered subject to the conditions in this section, all other applicable conditions of this code, and to all applicable provisions in the Zoning Ordinance. Subd. 1. Responsibility of licensees. Every licensee under this chapter is responsible for the conduct in the licensed establishment and any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee. Subd. 2 - Sales to and consumption by persons under 21 years of age. (1) It is unlawful for any licensee or bottle club permit holder to permit any person under the age of 21 years to consume alcoholic beverages on the licensed premises; 25 (2) It is unlawful for any person: a. To sell, barter, furnish or give alcoholic beverages to a person under 21 years of age; b. Under the age of 21 years to purchase or attempt to purchase any alcoholic beverage; c. To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person’s driver’s license, permit, state identification card, or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase any alcoholic beverage. d. To host or allow an event or gathering at any residence, premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person. A person does not need to be present at the event or gathering to be in violation of the ordinance from which this subsection was derived. Subd. 3 – Restrictions. All licenses are valid only for the compact and contiguous area described in the license and for no other area unless otherwise permitted by law. Subd. 4. – Signage (1) Signage for the premises “NO ALCOHOL BEYOND THIS POINT” or “NO ALCOHOL PERMITTED IN THIS AREA” shall be two inches tall in contrasting letters. This shall be determined by the city clerk and/or building official. (2) Consumption or sale of alcohol on non-licensed areas of the premises will be in violation of this liquor ordinance and subject to a fine as stated in chapter 22, section 22-9. Subd. 5. – Posting. A retail license issued under this chapter must be posted in a conspicuous place in the premises for which it is issued. Subd. 6. - Inspection of premises. All licensed premises shall be subject to inspection by any police officer, health officer or other designated officer or employee of the city during all hours the premises are open for business. Subd. 7 – Transfer of License. Licenses are nontransferable from location to location or entity to entity. A new license application is required for any new location by an existing licensee or new ownership of an existing licensed premises. Subd. 8 – Vacant Premises 26 In order to maintain any license issued under this chapter, all license fees must be paid when due and kept current even though from time to time the licensed property is vacant. Provided all license fees are paid when due and kept current, the license may remain at a vacant location for a period of the remaining calendar year in which the vacancy occurs, and for one year thereafter. At the end of this period, the license will be deemed abandoned without further notice or hearing and the city council will be entitled to grant the license to another. Subd. 8. Conduct of business: sales prohibited. An on-sale license holder may not sell liquor by the bottle or container for removal from the licensed premises. An off-sale license holder may not permit the consumption of any liquor on the licensed premises, except as authorized by Minn. Stat. § 340A.404, Subd. 11, which allows the removal of certain wine at a restaurant with an on-sale intoxicating liquor or wine license. Subd. 9. Gambling. No licensee may keep, possess, operate or permit the keeping, possession or operation of, on the premises or in any room adjoining the licensed premises controlled by the licensee, any slot machine, dice or other gambling device or apparatus, nor permit any gambling, gambling devices may be kept or operated. Raffles may be conducted on the licensed premises and adjoining rooms if licensed by the city. Subd. 10. Hours of Operation and Consumption time limit. (1) Hours of Operation. a. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat. § 340A.504, except as provided below. b. For license holders with a Sunday on-sale intoxicating liquor license and with a seating capacity for at least 30 may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food, the sales shall between the hours of 8:00 a.m. on Sundays and 1:00 a.m. on Mondays, except when a Sunday is followed by the Monday observing Memorial Day, July 4th or Labor Day, then the hours shall be between 8:00 a.m. on Sundays and 2:00 a.m. on Mondays. c. The off-sale of malt liquor may only be made during the same days and hours permitted at exclusive liquor stores. d. The on-sale of distilled liquor may only be made during the days and hours that the sale of on-sale intoxicating liquor is permitted. (2) Consumption time limitation. No on-sale licensee or employee or agent of the licensee may permit or allow any person to consume intoxicating liquor within the licensed premises more than 15 minutes after the time the sale of intoxicating liquors on the premises is prohibited. 27 (3) Removal of containers. No licensee may permit any glass, bottle or other container containing intoxicating liquor in any quantity to remain upon any table, bar, stool or other place where customers are served, more than 30 minutes after the time when a sale can legally occur, except as authorized by Minn. Stat. § 340A.404, Subd. 11, which allows the removal of certain wine at a restaurant with an on-sale intoxicating liquor or wine license. (4) Closing. Except as otherwise provided in this section, no persons, other than a licensee’s cleaning or maintenance personnel, or licensed contractors related to a building project or employees actually engaged in the performance of their duties may be in the licensed premises between 30 minutes after the time when a sale can legally occur and 4:00 a.m. These provisions do not apply to any separate part of the premises that are open to the general public for business purposes unrelated to the sale of intoxicating liquor. Any violation of any condition of this subsection may be grounds for revocation or suspension of the licensee’s liquor license. Any person within the licensed premises at the time of such violation must immediately leave the premises upon order by a police officer. (5) Windows; shades or curtains. All licensed on-sale liquor establishments in the city must have curtains or shades, as designated by the Police Chief, fully opened not more than 15 minutes prior to closing time on any day on which the establishment transacts business. The establishment is responsible to ensure that the interior can be fully and easily observed from the outside of the establishment at all the times. Subd. 11. Training. The licensee shall provide or arrange for documented training within 60 days after being hired, and annually thereafter, for every person selling or serving liquor. The training shall include education regarding the laws pertaining to the selling or serving of alcohol, the rules for identification checks, the responsibilities of establishments selling intoxicating liquors, and the use of age verification devices, if one is so required. The training shall be provided by an organization approved by the Police Chief. Proof of training shall be provided by the licensee. The failure of a licensee to meet this condition shall result in suspension of the license until the condition is met. Subd. 12. Off-site storage prohibited. A holder of an intoxicating liquor license may not store any intoxicating liquor at any location other than the licensed premises. Sec. 43-7372. - Action on applicationlicense. The city council shall either approve or reject the application. If approved, the city clerk shall issue the license, providing the fee has been paid and the license approved by the police, fire, inspections, finance, city clerk departments of the city, state commissioner, or any other state agency (i.e., department of agriculture), when applicable. No license shall be transferable by the licensee to other premises than described in the original application. Subd. 1. New or renewal application consideration. 28 (1) City council action. The city council must take action on each new and renewal license application within a reasonable time following receipt of the recommendation from city staff regarding the application. (2) Procedure. At the city council meeting at which the license application is considered, any person must be provided an opportunity to be heard for or against the license. The city council may then take any of the following actions: a. Approve the license; b. Deny the license; c. Approve a provisional license; d. Approve the license with reasonable conditions; or e. Continue the license application. (3) Provisional license. The city council may issue a provisional license or convert a regular license to a provisional license to any existing business that has generated more than three violations of city code or state statutes within the preceding 12-month period. At the time of approval of the provisional license, the city council shall approve a mitigation plan. The mitigation plan may include adding security measures, improving the exterior of the property reducing or changing the hours of operation, holding neighborhood meetings, or other steps the Council deems appropriate. The license term for a provisional license shall coincide with the license term of a regular license. (4) License with reasonable conditions. The city council may add reasonable conditions upon approval of a regular license, if deemed appropriate. Subd. 2. Denial, suspension or revocation hearing. The Council or its designee may hold a hearing to take action on a business license or licensed activity to deny, suspend or revoke a license or to consider other actions against the business. Any license may be denied, suspended or revoked for one or more of the following reasons: (1) The proposed use does not comply with the Zoning Ordinance; (2) The proposed use does not comply with health, building, maintenance or other provisions of the city code or state law; (3) The applicant has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (4) The applicant has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application or investigation for or in the course of the applicant’s business; (5) The applicant was convicted of any crime or offense in the previous five years involving or relating to the business that is licensed or the type of licensed activity and the applicant 29 or licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (6) The licensee has conducted the licensed activity in such a manner as to constitute a breach of the peace, a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon recommendation of the Police Chief or an appropriate city official; (7) Expiration or cancellation of any required insurance or failure to notify the city within a reasonable time of changes in terms of the insurance or the carriers; (8) The licensee has acted in an unauthorized manner or beyond the scope of the license granted; (9) The applicant’s license has been denied, revoked or suspended by the city, the state or another government unit; (10) Failure to allow inspections of the licensed premises, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business; (11) Failure to continuously comply with all conditions required as precedent to the approval of the license; (12) Real estate or personal property taxes on the business premises have become delinquent and the property owner and the applicant are the same person or entity, or have any common ownership between the property owner and the applicant where they are a different person or entity; (13) Violation of any regulation or provision of the city code or Zoning Ordinance applicable to the activity for which the license has been granted, or any regulation or state law that may be applicable; (14) The applicant or licensee has been found guilty of professional misconduct, either criminally or civilly; (15) Based on the findings of a background investigation, granting a license would be a menace to the safety, health, morals and welfare of the public; (16) The applicant or licensee is not of good moral character; (17) The licensee has violated a condition of its provisional license; (18) The activity has been conducted without a license; or 30 (19) The licensee habitually permits unlawful conduct to occur in or upon the licensed premises. Subd. 3. Temporary suspension. The city council or its designee may temporarily suspend a license when, in its judgment, the public health, safety and welfare is endangered by the continuance of the licensed activity. Subd. 4. Suspension or revocation hearing. A hearing for consideration of suspending or revoking a license will be conducted before the city council or its designee. At the hearing, the licensee has the right to be represented by counsel, the right to respond to the charges, the right to present evidence through witnesses under oath and the right to confront and cross-examine witnesses under oath. (1) Notice. a. Before holding the suspension or revocation hearing regarding the business license, the city must provide written notice informing the licensee of the right to a hearing. b. The notice must provide at least 20 calendar days’ notice of the time and place of the hearing and must state the grounds for the action proposed to be taken. c. The notice may be served upon the licensee personally or by leaving the notice at the licensed premises with the person in charge, or by certified mail to the address on the license application or where the business activity is conducted. (2) Final decision. Following the hearing, the city council or its designee may take any of the following actions: a. Take no action on the license; b. Allow the business activity to continue but add reasonable conditions to the license; c. Convert the license to a provisional license and approve a mitigation plan; d. Suspend the license; or e. Revoke the license. (3) Findings. Any actions taken following a hearing shall be adopted by resolution with findings and shall be sent to or served upon the licensee. If the license is suspended, the dates of suspension shall be fixed; if the license is revoked, the effective date of the revocation shall be fixed. The decision by the city council or its designee following a hearing is final. Sec. 43-73 - License Penalties. 31 Subd. 1. Minn. Stat. § 340A.415, authorizes a city council to impose penalties upon the holder of a liquor license or permit who has failed to comply with an applicable statute or ordinance. However, before penalties can be imposed, there must be a finding that the license or permit holder has committed one or more of the following violations: (1) Sold alcoholic beverages to another retail licensee for the purpose of resale; (2) Purchased alcoholic beverages from another retail licensee for the purpose of resale; (3) Conducted or permitted the conduct of gambling on the licensed premises in violation of the law; (4) Failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under Minn. Stat. § 340A.508, Subd. 3; or (5) Failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. Subd. 2. The penalties may include revocation of the license or permit, suspension of the license or permit for up to 60 days, the imposition of a civil penalty of up to $2,000 for each violation, or any combination of these sanctions. No suspension or revocation may take effect until the license or permit holder has been given an opportunity for a hearing, pursuant to city Code § 43-72 Subd. 4. Upon a finding that the license holder or permit holder has committed one of the above-mentioned violations, the city council shall impose a liquor license civil penalty. Sec. 43-74. - Hours and days of sale. Subd. 2. A restaurant, bowling center, club or hotel as defined in state law which has facilities for serving not less than 30 guests at one time and which has an on-sale intoxicating liquor license for consumption on the premises may serve intoxicating liquors in conjunction with the serving of food at tables between the hours of 8:00 a.m. on Sundays and 1:00 a.m. on Mondays, and on any Sunday followed by the Monday observance of the holidays Memorial Day, July 4th, and Labor Day between the hours of 8:00 a.m. on Sunday and until 2:00 a.m. on Mondays, provided that such establishment obtains a Sunday sales license and complies with the Minnesota Clean Air Act, Minn. Stat. § 144.411, et seq. A certificate of such compliance must be filed with the city clerk prior to the commencement of sales by such licensees as permitted by this subsection. (1) Taprooms with Sunday off-sale for growlers may operate between 8:00 a.m. to 8:00 p.m. Subd. 3. No person other than an employee of an establishment, licensed pursuant to this subdivision, shall remain on the licensed premises longer that 15 minutes after the closing time as established by this ordinance. Sec. 43-75. - Payment of fees. 32 In order to maintain any license issued under this chapter, all license fees must be paid when due and kept current even though from time to time the licensed property is vacant. Provided all license fees are paid when due and kept current, the license may remain at a vacant location for a period of the remaining calendar year in which the vacancy occurs, and for one year thereafter. At the end of this period, the license will be deemed abandoned without further notice or hearing and the city council will be entitled to grant the license to another. Secs. 43-76—43-105. - Reserved. Reserved. ARTICLE III. - 3.2 PERCENT MALT LIQUOR DIVISION 1. - GENERALLY Secs. 43-106—43-125. - Reserved. DIVISION 2. - LICENSE Sec. 43-126. -– Required. Subd. 1. It is unlawful to sell 3.2 percent malt liquor at wholesale or retail without a license. The fee for such licenses shall be as established by city council resolution. Subd. 2. Definitions. Terms used in this section have the meanings given them by Minn. Stat. ch. 340A. Subd. 3. Conditions. (1) On-sale licenses permit the licensee to sell 3.2 percent malt liquor for consumption on the premises. On-sale licenses will be granted only to restaurants, hotels, drug stores, and to clubs for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of such 3.2 percent malt liquor is incidental and not the major purpose of the club. (2) Off-sale licenses permit the licensee to sell 3.2 percent malt liquor in the original package for consumption off the premises only. (3) Temporary on-sale licenses may be granted to clubs, charitable, religious or non-profit organizations for the sale of 3.2 percent malt liquor. the term of a temporary on-sale license shall not exceed three days. On-sale licenses shall be subject to special terms and conditions as the council may prescribe. Subd. 1. No person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale or otherwise dispose of 3.2 percent malt liquor as part of a commercial transaction without having obtained a license issued by the city council. 33 Subd. 2. Any person licensed under this chapter to sell intoxicating liquor at on-sale or off-sale shall not be required to obtain an on-sale or off-sale license under this section, and may sell 3.2 percent malt liquor at on-sale or off-sale without further license. Sec. 43-127. - Persons eligible. Subd. 1. No retail license may be issued to any person or entity who is ineligible under the provisions of section 43-62 or who is otherwise ineligible according to law. under this article to: (1) A person under 21 years of age; (2) A person who has had an intoxicating liquor or nonintoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business or firm in which any such person is in any manner interested; (3) A person not of good moral character and repute; or (4) A person who has a direct or indirect interest in a manufacturer, brewer or wholesaler. Subd. 2. In addition, no new retail license may be issued to, and the city council may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution or possession for sale or distribution of an alcoholic beverage. Sec. 43-128. - Applications. Subd. 1. Every application for a 3.2 percent malt liquor license shall be made on a form supplied provided by the city and must state: (1) (1) The name and address of the applicant; (2) (2) Whether the application is for on-sale or off-sale; (3) (3) The business in connection with which the proposed license will operate and its location; (4) (4) Whether the applicant is owner and operator of the business and how long the applicant has been in that business and at that place; (5) The name of the manager in charge of the business; and (5) Such other information as the city council may require or as required by state law. 34 Subd. 2. It shall be unlawful to make any false statement in an application. Applications shall be filed with the city clerk. Subd. 3. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license and shall be made in such form as the city council may require. Proposed enlargement, alteration or extension of premises previously licensed shall be reported to the city clerk at or before the time applications are made. An application for a renewal license must include a copy of each summons received under Minn. Stat. § 340A.802 during the preceding year. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for failure to file for a renewal within the time provided, the city council may, if the other provisions of this chapter are complied with, grant the applicationRenewal applications shall be administered pursuant to section 43-64. Subd. 4. The original application shall include an investigation fee as established by resolution of the city council. The applicant shall comply with all provisions of section 43-61. Subd. 5. All managers listed in the application must complete a Part II - Personal History on a form provided by the city. Subd. 6. An annual investigation will be performed by the chief of police on all current managers of the establishment. Subd. 7. An annual renewal application must include payment of the investigation fee as established from time to time by the city council by resolution. Sec. 43-129. - Requirements. Subd. 1. The application must state whether it is for on-sale or off-sale. On-sale licenses permit the sale of 3.2 percent malt liquor for consumption on the licensed premises only. Off-sale licenses permit the sale of 3.2 percent malt liquor for consumption off the licensed premises only. Subd. 2. On-sale 3.2 percent malt liquor licenses may only be issued to drugstores, restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. Subd. 3. The city council, in its discretion, has the right to refuse to issue or renew a license for the sale of 3.2 percent malt liquor on any premises on which taxes, assessments or other financial claims of the city are delinquent and unpaid. Delinquent and unpaid taxes, assessments or other financial claims of the city on the premises for which the license has been issued shall be grounds for the revocation of a 3.2 percent malt liquor license. Subd. 4. No retail license may be issued to: (1) A person under the age of 21 years; 35 (2) A person who within five years of the license application has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution or possession for sale or distribution of intoxicating or nonintoxicating or 3.2 percent malt liquors; (3) A person who has had an intoxicating liquor or nonintoxicating or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business or firm in which any such person is in any manner interested; or (4) A person not of good moral character and repute. Subd. 5. The city council, in its discretion, shall have the right to refuse to issue or renew a license for the sale of intoxicating liquor on any premises on which taxes, assessments or other financial claims of the city are delinquent or unpaid. Delinquent or unpaid taxes, assessments or other financial claims of the city on the premises for which the license has been issued shall be grounds for the revocation of an intoxicating liquor license. Sec. 43-130. - Liability insurance. No retail 3.2 percent malt liquor license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by Minn. Stat. § 340A.801. The minimum requirement for proof of financial responsibility may be given by filing a certificate of insurance providing coverage as required in state law. Sec. 43-131. - Temporary licenses. Subd. 1. Temporary licenses may be issued subject to the provisions and restrictions set forth in Minnesota Statute Section 340A Subd. 10 and 304A.410 Subd. 10, and any further restrictions set forth in City Policy. Sec. 43-132129. - Issuance. Action on License. The city council must take action on each new and renewal license application within a reasonable time following receipt of the recommendation from city staff regarding the application and shall follow the process outlined in section 43-72 for approval, renewal, denial, suspension or revocation of licenses. The city council shall investigate all facts set out in the application for a license to sell 3.2 percent malt liquor. An opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the city council shall either grant or refuse the license. Sec. 43-133. - Duration. 36 Subd. 1. All licenses issued under this article for the sale of 3.2 percent malt liquor, except temporary licenses, shall be issued for a period of one year from January 1 to December 31. Subd. 2. Licenses issued after January 1 of any year expire on December 31 of that year. Subd. 3. An annual investigation will be performed by the chief of police on all current managers of the establishment. Subd. 4. An annual renewal application must include payment of the investigation fee as established from time to time by the city council by resolution. Sec. 43-134. - Administrative citations and civil penalties. Any administrative citations issued for liquor license violations will be administered pursuant to Chapter 22-9 of the Stillwater Citycitycity Code. Sec. 43-9. - License or permit revocation or suspension. Any retail license or permit issued or approved under this chapter shall be either suspended for up to 60 days or revoked or a civil fine not to exceed $2,000.00 for each violation imposed upon a finding by the city council that the license or permit holder has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. No suspension or revocation shall take effect until the license or permit holder has been afforded an opportunity for a hearing under Minn. Stat. §§ 14.57—14.69 of the Administrative Procedure Act. This section does not require the city council to conduct the hearing before an employee of the office of administrative hearing. The city council or the state commissioner may impose the penalties provided in this section on a retail licensee who knowingly: (1) Sells alcoholic beverages to another retail licensee for the purpose of resale; (2) Purchases alcoholic beverages from another retail licensee for the purpose of resale; (3) Conducts or permits the conduct of gambling on the licensed premises in violation of the state law; (4) Fails to remove or dispose of alcoholic beverages when ordered by the state commissioner to do so under Minn. Stat. § 340A.508, subd. 3; or (5) Fails to comply with all applicable statutes or ordinances relating to the sale of alcoholic beverages. (6) Habitually permits unlawful conduct to occur in or upon the licensed premises. a. Definitions as used in this section: 37 1. Unlawful conduct means citations issued to an owner or patron by the Stillwater Police Department or any other licensed peace officer responding to a call for assistance for: a) disorderly conduct, b) assault, c) noise violation, d) 911 violation, e) unlawful assembly, f) trespass, g) remaining open for business for 90 days or more while on the Minnesota Department of Revenue'’s posted list of sales tax delinquent liquor establishments, and h) any other violation of existing state or local liquor laws. 2. Licensed premises means the compact and contiguous premises described in the application for a liquor license. 3. Habitual means more than ten separate instances of unlawful conduct have occurred on the licenses premises within a calendar year. 4. Each instance of unlawful conduct after the tenth separate instance is a violation of this section. 5. In the event that five citations for unlawful conduct have been issued within a calendar year, the Stillwater Police Chief or his designee must meet and confer with the license holder. Thereafter, a copy of any citation for unlawful conduct that will add to the total for the year must be sent by mail to the license holder. Sec. 43-135. - Fees. Fees for licenses issued under this article are established by resolution of the city council. Responsibility of licensees. Every licensee under this chapter is responsible for the conduct in the licensed establishment and any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee. Sec. 43-5. - Sales to and consumption by persons under 21 years of age. Subd. 1. It is unlawful for anylicensee or bottle club permit holder to permit any person under the age of 21 years to consume alcoholic beverages on the licensed premises; Subd. 2. It is unlawful for any person: (1) To sell, barter, furnish or give alcoholic beverages to a person under 21 years of age; (2) Under the age of 21 years to purchase or attempt to purchase any alcoholic beverage; or 38 (a) (3) To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person'’s driver'’s license, permit, state identification card, or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase any alcoholic beverage. (b) o host or allow an event or gathering at any residence, premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person. A person does not need to be present at the event or gathering to be in violation of the ordinance from which this subsection was derived. 1) Signage for the premises "NO ALCOHOL BEYOND THIS POINT" or "NO ALCOHOL PERMITTED IN THIS AREA" shall be two inches tall in contrasting letters. This shall be determined by the city clerk and/or building official. Consumption or sale of alcohol on non-licensed areas of the premises will be in violation of this liquor ordinance and subject to a fine as stated in chapter 22, section 22-9. Posting. A retail license issued under this chapter must be posted in a conspicuous place in the premises for which it is issued. Sec. 43-8. - Inspection of premises. All premises from which intoxicating liquor or 3.2 percent malt liquor is sold shall be subject to inspection by any police officer, health officer or other designated officer or employee of the city during all hours the premises are open for business. No person other than an employee of an establishment, licensed pursuant to this subdivision, shall remain on the licensed premises longer that 15 minutes after the closing time as established by this ordinance. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: 39 SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES October 2, 2018 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, and Polehna Absent: None Staff present: City Administrator McCarty Asst. City Attorney Bridget McCauley Nason Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Lily Lake Improvements – Middle St. Croix WMO Public Works Director Sanders reminded Council that a few months ago Mike Isensee, Administrator presented information on two possible projects to assist the City in achieving the last 45 lbs. of reduction required by the Minnesota Pollution Control Agency (MPCA). Mr. Isensee continued by reviewing a grant proposal for the projects that would require a 25% match, approximately $324,125, should the MSCWMO receive the grant. There were Council concerns of the commitment of 25% to projects to improve the quality of the lake that isn’t used for swimming etc. Council requested additional information from Mr. Isensee and Public Works Sanders on the costs of each of the projects, costs of potential rain gardens, assessments for the street, timing etc. prior to the determination of the City’s match. Old Armory Update Matt Wolf, owners of the Old Armory provided an update and proposed concept for the Armory. Their plans included plans to provide on-site parking therefore some of the uses have been changed to include commercial or office, housing (rental units) and parking. Mr. Wolf stated that they would not be asking for TIF assistance or looking to put any parking into the downtown parking system. Mr. Wolf explained that the parking would be streamlined to ensure that commercial parking would be separate from the residential parking in the building. He stated that the parking stalls would be what is required in the City’s code. STAFF REPORTS Fire Chief Glaser reminded the Council of Fire Prevention Week and the Open House scheduled for Saturday, October 6th. City Council Meeting October 2, 2018 Page 2 of 7 Public Works Director Sanders provided Council with an update of the City and Washington County road projects occurring in the City. City Administrator McCarty informed the Council that the Heritage Preservation Commission would like to submit an application to host the 2019 Heritage Preservation Commission conference and requests Council support and a letter from the Mayor showing that support. Motion by Councilmember Junker, seconded Councilmember Polehna directed staff to prepare the letter for the HPC and authorized the Mayor to sign on the City’s behalf. Mayor Kozlowski recessed the meeting at 5:27 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders 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 18, 2018 regular meeting minutes Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the minutes of the September 18, 2018 regular meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Possible approval of first reading of an ordinance amending the Stillwater City Charter – Wally Milbrandt, Chair of the Charter Commission Charter Commission Chair Milbrandt reviewed the Charter’s proposed changes to the Charter. He explained that the changes are updates to reflect current businesses practices and that he has talked to the Library and Water Boards regarding the changes to the submittal of their financial reports. Motion by Councilmember Polehna, seconded by Councilmember Menikheim to approve the first reading of an ordinance amending the Stillwater City Charter. Ayes: Councilmembers Menikheim, Junker, Weidner Polehna and Mayor Kozlowski Nays: None Proclamation: Fire Prevention Week Mayor Kozlowski read a proclaiming October 7-13 as Fire Prevention Week and encouraged residents to be aware of their surroundings, look for available ways out in the event of a fire or City Council Meeting October 2, 2018 Page 3 of 7 other emergency, respond when the smoke alarm sounds by exiting the building immediately, and to support the many public safety activities and efforts of the Stillwater Fire Department during Fire Prevention Week 2018. Assistant Chief of Operations, Chris Zeuli provided the community information on the Open House being held on Saturday, October 6, 2018. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2018-213, directing payment of bills Ordinance 1113, an ordinance amending the Stillwater City Code (updating of various chapters of the City Code) Resolution 2018-214, approving the issuance of a New Off-sale Liquor License to Midnight Spirits LLC, DBA The Stills Resolution 2018-215, approving assessment appeal waiver agreement for Boutwell Farms Resolution 2018-216, approving assessment appeal waiver agreement for Nottingham Village Resolution 2018-217, approving assessment appeal waiver agreement for Westridge Resolution 2018-218, resolution rescinding Resolution No. 2018-137 authorizing acquisition of real property for public purposes 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) Resolution 2018-220, approving master services agreement with Environmental Resources Management Inc. Possible approval of sanitary sewer adjustments Possible approval to purchase Granicus Board & Commissions Management Software Possible approval of temporary liquor license – Greater Stillwater Area Chamber– River Market’s Annual Meeting – October 6, 2018 Possible approval of temporary liquor license – Greater Stillwater Area Chamber– The Zephyr Theatre Masquerade Ball – October 13, 2018 Possible approval of temporary liquor license – Greater Stillwater Area Chamber– Haunted History Trolley Tours – October 18-20, 2018 Possible approval of temporary liquor license – Greater Stillwater Area Chamber– Haunted History Trolley Tours – October 25-27, 2018 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner Polehna and Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. City Council Meeting October 2, 2018 Page 4 of 7 UNFINISHED BUSINESS Possible approval of 2019 Ice Castle Agreement City Administrator McCarty reviewed the proposed contract for the 2019 Ice Castles incorporating the changes that Council directed at the last meeting. He mentioned that there would be some adjustments to the contract in continuing discussions with the Ice Caste personnel, but felt that the City’s protections are incorporated into the agreement. Councilmember Junker inquired about the size of the castle. Public Works Director provided an estimate of the location of the Ice Castle and City Administrator McCarty informed the Council that the final layout has not been finalized. Mayor Kozlowski stated he is not concerned with the size as long as they do not interfere and impact the City’s infrastructure. Motion by Councilmember Menikheim, seconded by Councilmember Weidner to adopt Resolution 2018-221, resolution approving the Ice Castles Agreement. Ayes: Councilmembers Menikheim, Junker, Weidner Polehna and Mayor Kozlowski Nays: None Possible approval of second reading of Ordinance 1114, an interim ordinance prohibiting subdivision of lots in Springcreek and Boutwell Valley Estates City Administrator McCarty reviewed the proposed interim ordinance prohibiting the subdivision of lands in the Minar area to allow for staff to prepare zoning regulations that Council and the residents have requested for this area. On a question from the Mayor, City Attorney Land explained that the interim ordinance would be in effect for one-year or when a new zoning amendment is adopted by the Council, whichever comes first. The interim ordinance sunsets in one year and development could occur if a zoning amendment is not complete by then. City Administrator McCarty stated that there would be public hearings at the Planning Commission for additional public input. Mayor Kozlowski welcomed public comments. Bob Aiken, 7640 Minar Lane N, spoke in favor of the moratorium on the subdivision of lots and felt that this area is special to the City. Former Mayor Jay Kimble urged the Council not to impose this moratorium as he felt it was not legal according Minnesota Statute in following annexation of townships. He suggested that Council follow the Planning Commission minutes of April 27, 2018. He provided a history of the Orderly Annexation Agreement done in 1996 and the discussions with residents of Stillwater Township and the promises that were made regarding development should the residents decide to develop or not. He asked that the Council protect the institutional integrity that provided those promises. He felt that it was not needed, do the study but do not restrict the landowners. Mr. Ed Ottis, 12070 87th Street N, felt that because the agreement would be expiring and things addressed in the agreement were not addressed with the City taking in 2015. The issue he is concerned about the taxation if there is a development exemption. He had questions on the extension of proposed utilities after the agreement expires. He asked that Council really look at the Orderly Annexation agreement. City Council Meeting October 2, 2018 Page 5 of 7 Mayor Kozlowski stated that it was his understanding that there is no restrictions on subdivisions into quarter acre or acre lots right now. City Attorney Land stated that there is no prohibition for landowners in the area to subdivide at this time. Mayor Kozlowski stated that he has heard that the neighborhood does not want mini- developments popping up and he continued by stating that the moratorium would prohibit that type of development and allow staff time to develop a zoning designation that would fit in the Minar neighborhood. Ms. Land stated that a requirement of the agreement is that any zoning designation must be adopted by the Joint Board and the Planning Commission. Councilmembers Junker and Weidner agreed with the enactment of a moratorium as it allows for the opportunity to study, get input and have a zoning designation what is best for the area. He felt that this study and zoning designation should be a top priority to make a decision quick for the neighborhood. Councilmember Weidner reminded Council that the official action and promises of the annexation is what is in writing within the Orderly Annexation Agreement Motion by Councilmember Weidner seconded by Councilmember Polehna to adopt Ordinance 1114, an interim ordinance prohibiting subdivision of lots in Springcreek and Boutwell Valley Estates. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None NEW BUSINESS Request from Summer Tuesdays Inc. - Harvest Fest Base Fee Waiver City Clerk Ward reviewed the request for the Harvest Fest Base Fee Waiver. She continued, by stated that the staff’ 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. Mr. Cory Buettner, requested that Council also consider waiving the “load-in” fee by stating that they operate on a break even budget with a '·rainy day fund" that ensures our continuation. For these reasons we ask that the City of Stillwater waive the base event fee and load-in fee. Council recognized that the event does bring in many people to Stillwater, however they noticed that the fees have gone down in comparison to 2017 rates before the special event policy was approved. Mayor Kozlowski informed the organization that he would personally help out with the load-in fee. Motion by Councilmember Polehna, seconded by Councilmember Weidner to approve the reduction of the base fee for Harvest Fest from $1,000 to $500.00. All in favor. Possible approval of agreement between the State of Minnesota & City for the Lily Lake Public Fishing Pier Public Works Director stated that the DNR and staff reviewed the condition of the Lily Lake Pier which is in need of repair. He informed the Council that 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 City Council Meeting October 2, 2018 Page 6 of 7 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. Mr. Sanders, continued by stating that 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 with a preliminary cost for this work is $12,000. He informed Council that 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. Mr. Del Peterson stated that the Lily Lake Association & Rotary Club have some volunteers that can help with the pier. Motion by Councilmember Menikheim, seconded by Councilmember Polehna to adopt Resolution 2018-222, 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. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Possible award of contract for Pioneer Park Restroom Rehabilitation (Resolution – Roll Call) Public Works Director Sanders reviewed the bids for the Pioneer Park Restroom Rehabilitation project. Motion by Councilmember Polehna, seconded by Councilmember Junker to adopt Resolution 2018- 223, accepting bids and a warding the contracts for 2018 Pioneer Park Restroom Project (Project 2018-14). Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS Mayor Kozlowski reminded the community about Octoberfest Help End Homelessness for Minnesota Veterans on October 13, 2018, 12-6 p.m. at the Minnesota Stillwater Rediness Center sponsored by the American Legion Post 48. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn at 8:23 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk City Council Meeting October 2, 2018 Page 7 of 7 Resolution 2018-213, directing payment of bills Resolution 2018-214, approving the issuance of a New Off-sale Liquor License to Midnight Spirits LLC, DBA The Stills Resolution 2018-215, approving assessment appeal waiver agreement for Boutwell Farms Resolution 2018-216, approving assessment appeal waiver agreement for Nottingham Village Resolution 2018-217, approving assessment appeal waiver agreement for Westridge Resolution 2018-218, resolution rescinding Resolution No. 2018-137 authorizing acquisition of real property for public purposes 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) Resolution 2018-220, approving master services agreement with Environmental Resources Management Inc. Resolution 2018-221, resolution approving the Ice Castles Agreement Resolution 2018-222, 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 Resolution 2018-223, accepting bids and a warding the contracts for 2018 Pioneer Park Restroom Project (Project 2018-14) Ordinance 1113, an ordinance amending the Stillwater City Code (updating of various chapters of the City Code) Ordinance 1114, an interim ordinance prohibiting subdivision of lots in Springcreek and Boutwell Valley Estates. EXHIBIT "A" TO RESOLUTION #2018-224 LIST OF BILLS Ace Hardware Advance Auto Parts Advanced Graphix Inc. American Test Center Armor Security Inc. Aspen Mills Board of Water Commissioner Brock White Co. LLC Bureau of Crim. Apprehension Burks Tree and Landscape Care Burschville Construction Inc. CalAtlantic Homes Campion Barrow & Associates CDW Government Inc. Centro Print Solutions Century Link Cintas Corporation Comcast Community Thread Consolidated Welding Supply Cub Foods ECM Publishers Ecolab Pest Emergency Automotive Enterprise FM Trust Environmental Equipment & Services Fastenal Company Fire Safety U.S.A. Flaherty & Hood P.A Gertens Wholesale Gopher State One Call Inc. GFOA Granicus Inc Greater Stillwater Chamber of Commerce Heritage Printing Inc . Herzog Engineering LLC Holiday Companies Joshs Paint Repair Kirvida Fire Inc. Kohlhaas Alex L3 Mobile Vision Inc Lennar of Minnesota Levander Gillen Miller PA Lincoln National Life Insurance Co Loffler Companies Supplies Equipment repair supplies Reflective graphics Vehicle repair charges Quarterly Monitoring Service Uniform supplies -Klingfus WAC Charges Supplies Terminal access charge Tree Care Maryknoll Dr. drainage Grading Escrow Refund -3710 Summit Ln Fire services testing Conference room tech upgrade W2s & 1099s Telephone & fire alarms Uniforms & mat cleaning services Internet & Voice Contribution Supplies Pancake breakfast Publications Ant program Patrol & fire vehicles Lease vehicles Equipment repair charges Supplies Equipment repair supplies Job eval points -Facilities Manager Supplies Locates Membership Qtrly web streaming service Seminar Newsletter Printing Pioneer Park Vehicle washes Painting & blasting powder coated wing Ladder# 6112 service Reimburse for Expenses Bravo disc publisher Grading Escrow Refund Professional services COBRA Life Insurance IT Professional services Page 1 245.67 69.47 355.00 1,247.00 242.00 202.15 4,851.00 632.66 270.00 1,772.50 25,940.00 1,500.00 850.00 1,618.03 214.51 396.68 502.39 322.55 4,000.00 53.50 161.54 684.70 462.28 8,797.94 3,681.96 691.80 283.11 60.00 250.00 638.50 453.60 190.00 1,118.59 25.00 2,851.32 4,500.00 415.00 2,660.00 2,257.36 398.09 3,085.25 1,500.00 21,336.82 7.20 8,123.00 EXHIBIT "A" TO RESOLUTION #2018-224 Madden Ga!anter Hansen LLP MailFinance Inc Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Metropolitan Mechanical Contractors MN Dept of Labor and Industry Motorola Solutions Inc. MP Nexlevel LLC Nardini Fire Equipment Northstar Mudjacking & More Office Depot OnSite Sanitation Pioneer Press St. Paul Quill Corporation Robole Donna Simplifile LC Springsted St. Croix Boat and Packet Co. Stillwater Fire Relief Assoc Stillwater Motor Company Stillwater Rotary Club Streichers SW/WC Service Cooperatives Thomson Reuters Titan Machinery Shakopee Toll Gas and Welding Supply Tri-State Bobcat US Postal Service Verizon Wireless Veterans Memorial Voyant Communications Ward Diane Wasche Commercial Finishes Wash. Cty Historical Society Welle Scott Wenck Construction Wittman Abbi Jo Wold Architects and Engineers WSB & Associates Inc. WS & D Permit Service Inc Youth Service Bureau Ziegler Inc. Labor Relations Services Folding Machine Lease Fuel Electrician services Supplies Wastewater Charge & SAC Equipment repair changes Quarterly Surcharge 800 Mhz Radios Locating Inspection Sidewalk repair Office supplies Portable Restroom Notice of special meeting Office supplies Reimburse for Customer Service Seminar Plan review Continuing disclosure services Ramp cleaning 2018 Fire State Aid Vehicle repair Membership 9MM Duty Retiree & COBRA Health Insurance Information Charges Equipment repair supplies Cylinders Equipment repair supplies Postage for mail machine Police Mobile Broadband Super Valu Parking Phone Reimburse for cookies for election training Washington Park Pavilion Contribution Oct Speaking Presentation 50% City Hall Project Reimburse for expenses City Hall Project Professional services Refund of Permit Contribution Equipment repair charges Page 2 186.75 1,104.18 5,079 .04 7,977.00 262.25 158,640.71 1,339.80 6,350.61 24,060.75 1,233.75 236 .50 1,295.00 262.12 1,589.00 15.48 326.84 25.00 600.00 3,500.00 810.00 170,795 .19 482.62 380.00 349.21 79,255.62 141.94 566.39 42.72 491.93 7,000.00 630.18 4,347.00 524.78 26.81 11,530.00 1,250.00 250.00 1,400.00 462.60 2,743.81 21,637.25 145.25 2,625.00 1,051.66 EXHIBIT "A" TO RESOLUTION #2018-224 REC CENTER 1ST Line/Leewes Ventures LLC Ace Hardware AT&T Mobility Century Link Cintas Corporation Coca-Cola Distribution Cub Foods Holiday Credit Office Ice Skating Institute Menards Pepsi Beverages Company R&R Specialties Inc . Riedell Shoes Inc. Roof Tech Signature Systems Group LLC St. Croix Boat and Packet Co. CREDIT CARDS Backgroundchecks.com Ebay Ferguson Enterprises Inc. #1657 Galls LLC Government Finance Officers Assa Hollywood Racks Humbolt Mfg MN Fire Srv . Cert. Board MN Historical Society Racine North Wireless ProTech LIBRARY Ace Hardware Blackstone Audio Brodart Co CDW Government Inc. Cole Papers Culligan of Stillwater Flaherty & Hood P.A Friends of the Stillwater Public Library Hedin Sue Heritage Printi ng Inc . Midwest Tape Snacks for concessions Supplies Cell phone Telephone Mat cleaning service Beverages for concessions Concession supplies Fuel Skater member Equipment repair supplies Beverages for concessions Equipment repair supplies Skates Roof repairs Equipment repair supplies Arena billing Back ground checks Twist ties Elkay Water Fountain/Hydration Station Lockout equipment Filing CAFR with GFOA Treaded hitch pin for PD bike rack Aluminum scoop & strike off bar Recertification Conference registration Conference Room Tech Upgrade Cell phone cases Supplies Materials Materials A/V Upgrade Project Supplies Water Professional Services Friends Reimbursement for Sept Sales Staff Reimbursement Shelflife News letter Materials Page 3 459.40 41.56 94 .58 63 .07 103 .00 1,159.68 11 .98 72 .51 780 .00 66.42 820.45 896 .00 499 .77 6,245.00 268 .25 41,825.44 242 .70 7 .49 1,192 .86 46.00 435 .00 15 .20 39 .90 575.00 270.00 1,210.00 239 .60 105 .31 89 .20 407.59 23.73 370.89 66 .15 250 .00 409 .00 89 .27 512 .03 1,247 .19 EXHIBIT "A" TO RESOLUTION #2018-224 Page 4 Petrie Angela Staff Reimbursement 154.30 Pro-Tee Design Security Camera 765.36 Recorded Books Inc Materials 361.50 Washington County Library Databases 1,015.07 Water Works Irrigation LLC Winterize System 165.00 Xcel Energy Energy 4,189.39 LIBRARY CREDIT CARDS Acorn Naturalists Materials 223.41 Amazon.com Materials 187.80 American Library Association Supplies 49.00 Dream Host Web Hosting 5.55 Vista Print.com Supplies 56 .77 Date: September 25, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Issuance of New Wine with Strong Beer Liquor License – Mon Petit Cheri DISCUSSION: An application for a new Wine & Strong Beer liquor license for Mon Petit Cheri has been received from the Emily Rheingans .The premises is located at 310 Main Street S. 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 Wine & Strong Beer Liquor License to Mon Petit Cheri LLC, DBA: Mon Petit Cheri”, 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. APPROVING THE ISSUANCE OF A NEW WINE & STRONG BEER LIQUOR LICENSE TO MON PETIT CHERI LLC, DBA: MON PETIT CHERI WHEREAS, an application for a new Wine and Strong Beer liquor license for Mon Petit Cheri, Emily Rheingans has been received. The premises is located at 310 Main Street S; and WHEREAS, approval is contingent upon fulfilling all requirements to hold an Wine and Strong Beer 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 Wine & Strong Beer Liquor License to Mon Petit Cheri LLC, DBA: Mon Petit Cheri at 310 Main Street S. Stillwater, MN 55082 effective January 1, 2019. Adopted by Council this 16th day of October, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2018-225 Date: September 25, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Issuance of New On-sale & Sunday Liquor License – The Zephyr Theatre DISCUSSION: An application for a new On-sale and Sunday liquor license for The Zephyr Theatre has been received from Calyssa Hall representing Only A Dim Image Productions (Non-Profit), formally at the Stillwater Depot located at 601 Main 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 On-sale and Sunday Liquor License to Only A Dim Image Productions, DBA: The Zephyr Theatre”, 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. APPROVING THE ISSUANCE OF A NEW ON-SALE AND SUNDAY LIQUOR LICENSE TO ONLY A DIM IMAGE PRODUCTIONS, DBA: THE ZEPHYR THEATRE WHEREAS, an application for a new On-sale and Sunday liquor license for The Zephyr Theatre has been received from Calyssa Hall, representing Only A Dim Image Productions (Non-Profit). The premises is located at 601 Main Street N. (former Stillwater Depot building); 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 On-sale and Sunday Liquor License to Calyssa Hall, Only A Dim Image Productions (Non-Profit), DBA: The Zephyr Theatre located at 601 Main Street N. (former Stillwater Depot building) Stillwater, MN 55082 effective November 1, 2018. Adopted by Council this 16th day of October, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2018-226 To: Mayor & City Council From: Diane Ward, City Clerk Date: 10/5/2018 Re: SafeAssure Contract As you recall, the City has contracted with SafeAssure to provide safety training for over a decade. The City is continuing as the host location with five surrounding communities participating in this safety training cooperative which has resulted a lower cost to the City. RECOMMENDATION: Staff recommends that the safety training contract be approved. ACTION REQUIRED: If Council approves the recommend they should pass a motion adopting a resolution approving the contract with SafeAssure. RESOLUTION 2018-227 APPROVAL OF AGREEMENT WITH SAFEASSURE CONSULTANT, INC. FOR OSHA AND SAFETY CONSULTATION BE IT RESOLVED by the City Council of Stillwater, MN that the OSHA and Safety Consultation agreement effective October 1, 2018 to September 30, 2019, between the City of Stillwater and SafeAssure Consultants, Inc. as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 16th day of October, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 1 Of 7 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to the city of Stillwater are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work-place Accident & Injury program that promotes safe & healthful working conditions". EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies". CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section". HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for: development & maintaining a written hazard communication program for the work-place..." RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment............" CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. 2 Of 7 POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 “Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks”. GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of {their} employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees." PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) "Application." Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph (j)(1)(ii)(b) of this section, depending upon its activity………………… ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 “Training required for each employee and their supervisors must address signs and symptoms of MSD’s, MSD hazards and controls used to address MSD hazards.” MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth -moving equipment operators and all other employees working on the ground exposed to mobile earth -moving equipment shall be trained in the safe work procedures pertaining to mobile earth -moving equipment and in the recognition of unsafe or hazardous conditions. 3 Of 7 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart O - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) 4 Of 7 All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of Stillwater to obtain as required to comply with OSHA standards. Our contract year will begin on the signing of this proposal/contract. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for Stillwater are for the sole and express use by Stillwater and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a contract year, will be made at no additional cost to Stillwater. All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse Stillwater should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. 5 Of 7 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS Stillwater Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act)  review/modify or write site specific program  documented training of all personnel  accident investigation  simulated OSHA inspection Employee Right to Know/Hazard Communication  review/modify or write site specific program  documented training of all personnel (general and specific training)  various labeling requirements  assist with installing and initiating DAMARCO Solutions, LLC, MSDS and data base program Lock Out/Tag Out (Control of Hazardous Energy)  review/modify or write site specific program  documented training of all personnel Emergency Action Plan  review/modify or write site specific program  documented training of all personnel Respiratory Protection  review/modify or write site specific program  documented training of all personnel Bloodborne Pathogens  review/modify or write site specific program  documented training of all personnel Cranes-Chains-Slings  review/modify or write site specific program  documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure)  review/modify or write site specific program  documented training of all personnel  decibel testing and documentation Personal Protective Equipment  review/modify or write site specific program  documented training of all personnel Confined Space  review/modify or write site specific program  documented training of all personal 6 Of 7 Powered Industrial Trucks/Forklifts  review/modify or write site specific program  documented training of all personnel  testing and licensing Ergonomics  review/modify or write site specific program  documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements Mobile Earthmoving Equipment  review/modify or write site specific program  documented training of all personal General Safety Requirements  review/modify or write site specific program  documented training of all personnel The “SafeAssure Advantage”  On-Line training available for AWAIR, EAP, ERTK, ERGO, Bloodborne  Safety Committee Advisor  Employee Safety Progress Analysis  SafeAssure “Client Discount Card” from Fastenal Stores or Catalogs (15% off any item)  Job Hazard Analysis (JHA for more hazardous tasks/jobs)  Training manual maintenance  Safety manual maintenance  Documented decibel testing  Documented air quality readings-(CO2 testing in shops with 5 or more vehicle capacity)  Documented foot-candle readings (if needed)  OSHA recordkeeping  General Duty Clause  Assistance during an actual OSHA inspection  General safety recommendations  “ALERT” data base  Unlimited consulting services 7 Of 7 Contract/Agreement THIS AGREEMENT is made this first day of October, 2018 between the City of Stillwater, Stillwater, Minnesota, herein referred to as Stillwater and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this contract/agreement, Stillwater (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by “The Hartford” insurance companies. SafeAssure further agrees that Stillwater will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges Stillwater, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless Stillwater, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of Stillwater, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed agreement/contract, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide Stillwater, the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom-training sessions, writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of Stillwater. ANNUAL CONTRACT $ 4138.71 MSDS/SDS ON-LINE SERVICES included ANNUAL $4,138.71 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH CONTRACT X_______________________________ Stillwater X_______________________________ Stillwater X 090418 SafeAssure Consultants, Inc. Date RESOLUTION 2018-228 ADOPTING DELINQUENT CLEANUP SERVICES CHARGES (L.I. Project #00040) WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent cleanup service charges . NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent cleanup service charges and is hereby levied as an assessment against the parcel and the total is $550.00. Adopted by the Stillwater City Council this 16th day of October, 2018 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk City of Stillwater 2018 Certification of Delinquent Clean Up Services For Collection with the 2019 Property Taxes LI. Project #00040 Term: 1 Year Rate 10% PIO 28.030.20.32 .0107 TOTAL: CERTIFICATION AMOUNT 550.00 $550.00 RESOLUTION 2018-229 ADOPTING DELINQUENT PARKING MITIGATION FEES (L.I. Project #00080) WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent parking mitigation fees. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent parking mitigation fees and is hereby levied as an assessment against those parcels and the total is $2,016.00. Adopted by the Stillwater City Council this 161h day of October, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward , City Clerk City of Stillwater 2018 Certification of Delinquent Parking Mitigation Fees For Collection with the 2019 Property Taxes LI. Project #00080 Term: 1 Year Rate 10% PIO 28 .030.20.41.0037 28.030.20.41.0035 28.030.20.41.0094 TOTAL: CERTIFICATION AMOUNT $336.00 $660.00 $1,020.00 $2,016.00 RESOLUTION ADOPTING THE WASHINGTON COUNTY ALL-HAZARD MITIGATION PLAN WHEREAS, the City of Stillwater has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a multi-jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Washington County All-Hazard Mitigation Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Washington County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Washington County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Washington County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Washington County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED by the Stillwater City Council, that the City of Stillwater supports the hazard mitigation planning effort and hereby adopts the Washington County All-Hazard Mitigation Plan. Adopted by the Stillwater City Council the 16th day of October, 2018. _________________________________ Ted Kozlowski, Mayor ATTEST: ________________________________ Diane F. Ward, City Clerk RESOLUTION 2018-230 Washington County All-Hazard Mitigation Plan Update October 2018 Hazard mitigation is the effort to reduce loss of life and property by lessening the impact of disasters. It is most effective when implemented under a comprehensive, long-term mitigation plan. Mitigation plans are key to breaking the cycle of disaster damage, reconstruction, and repeated damage. Washington County Sheriff’s Office Emergency Management staff has completed the most recent update to the Washington County All Hazard Mitigation Plan. The plan update process engaged representatives from cities and townships in hazard mitigation planning to identify risks and vulnerabilities associated with natural and manmade disasters and develop long-term strategies for protecting people and property from future hazard events. After making the required updates to the Washington County All Hazard Mitigation Plan over the past two years, the plan was submitted to Minnesota Homeland Security and Emergency Management and then FEMA for approval. Both agencies reviewed the plan and approved it with no changes required. The last step in the plan update process is the approval locally by the county board and local City Councils and Town Boards by resolution, which is what is being requested today. Please note that to receive any of the funding sources described in more detail below, your local jurisdiction must have submitted a signed resolution to the county for submittal to the State and FEMA. A FEMA-approved hazard mitigation plan is a condition for receiving certain types of non-emergency disaster assistance, including funding for mitigation projects. More information on funding sources tied to the Washington County All Hazard Mitigation Plan. 1. Hazard Mitigation Grant Program (HMGP) – The HMGP provides grants to States and local governments to implement long-term hazard mitigation measures after a major disaster declaration occurs in Minnesota. The purpose of the program is to reduce the loss of life and property due to natural disasters and to enable mitigation measures to be implemented during the immediate recovery from a disaster. HMGP funds may be used to fund projects that will reduce or eliminate the losses from future disasters. Projects must provide a long-term solution to a problem, for example, elevation of a home to reduce the risk of flood damages as opposed to buying sandbags and pumps to fight the flood. Funds may be used to protect either public or private property or to purchase property that has been subjected to, or is in danger of, repetitive damage. HMGP funding may be used to acquire disaster prone property to create a buffer against future disasters, construct new facilities, or even nonstructural measures such as development of floodplain management regulations. https://www.fema.gov/hazard-mitigation-grant-program 2. Pre-Disaster Mitigation (PDM) Program - The Pre-Disaster Mitigation (PDM) program provides technical and financial assistance to States and local governments for cost-effective pre-disaster hazard mitigation activities that complement a comprehensive mitigation program, and reduce injuries, loss of life and damage and destruction of property. https://www.fema.gov/pre-disaster-mitigation-grant-program 3. Flood Mitigation Assistance (FMA) Program - FMA provides funding to assist states and communities in implementing measures to reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other structures insurable under the National Flood Insurance Program (NFIP). There are three types of grants available under FMA: Planning, Project, and Technical Assistance Grants. A few examples of eligible FMA projects include: the elevation, acquisition, and relocation of NFIP-insured structures. Funding for the program is provided through the National Flood Insurance Fund, and FMA is funded at $20 million nationally. https://www.fema.gov/flood-mitigation-assistance-grant-program RESOLUTION 2018-231 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING CITY STAFF TO ENGAGE THE SERVICES OF A RESIDENTIAL REAL ESTATE APPRAISER TO PERFORM AN APPRAISAL OF THE PROPERTIES INVOLVED IN WASHINGTON COUNTY LITIGATION 82-CV-17-5103 WHEREAS, a Civil Assessment Appeal was filed in District Court on behalf of 23 Stillwater residents in November 2017 regarding the 2017 street improvement project; and WHEREAS, a settlement has not been reached with the Petitioners; and WHEREAS, at this time the matter is being prepared for mediation and is set for trial and it is necessary to engage an appraiser for each of the 23 properties; and WHEREAS, the City has identified an appraiser who can provide the services requested. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize City Staff to engage Nagell Appraisals & Consulting to perform an appraisal of the (23) properties named in the Civil Assessment Appeal for trial preparation, at a cost not to exceed $13,000. Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of October, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Memo DATE: TO: FROM: RE: October 10, 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 ifwe can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons ( of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILL WATER EXHIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment for 1 Water leak From 37 ,000 4th To 15 ,000 2 Leak under dishwasher From 122,000 4th To 15 ,000 TO: FROM: DATE: RE: MEMORANDUM Mayor and City Council 9r-S Shawn Sanders, Director of Public Works October 10, 2018 Assessment Waiver for 823 South Fifth Street, Geocode 3303020120014 DISCUSSION Last year, the property owner at the 823 South Fifth Street brought to our attention, the condition of a retaining wall that was supporting the city sidewalk along his property. Staff was planning to replace this wall and sidewalk as part of its sidewalk rehabilitation project. The sidewalk project was delayed until 2019, because staff felt the cost of the sidewalk repair was too high and felt that we get lower bids in 2019. Even though the cost of the sidewalk project was too high, staff felt the quote received to replace the wall ($14,431) was reasonable and felt that the wall replacement could be done independent of the sidewalk replacement. This was presented to the property owner along with cost and they have agreed to the work being done. In working with the city attorney, an assessment waiver with an agreement to pay 50% of the cost was prepared and has been signed by the property owner. This cost would be assessed over a ten-year period at 4.25% interest. RECOMMENDATION Staff recommends council consider and approve the assessment waiver agreement for 823 South Fifth Street. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2018-_, RESOLUTION ADOPTING ASSESSMENT FOR RETAINING WALL IMPROVEMENTS FOR 823 SOUTH FIFTH STREET, GEOCODE 3303020120014. RESOLUTION 2018-232 RESOLUTION ADOPTING ASSESSMENT FOR RETAINING WALL IMPROVEMENTS FOR 823 SOUTH FIFTH STREET GEOCODE 3303020120014 WHEREAS, an Assessment Waiver Agreement for retaining wall improvement for 823 South Fifth Street has been prepared and signed by property owners and presented to Council. 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. 4. Property ownes may at any time prior to certification of the assessment to the county auditor, pay the entire assessment balance on such property, without any additional interest to the City of Stillwater. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 16, 2018. If the assessment is not paid by November 16, 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 16, 2018, the assessments will be collected over a period often (10) years with interest added at 4.25% per year on the unpaid balance. 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 City of Stillwater. 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 16th day of October 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk GEOCODE I Taxpayer 3303020120014 IHINMAN MICHAEL T & GEORGIA L ASSESSMENT ROLL RETAINING WALL PROJECT PROJECT 2018-03, LI. 415 Taxpayer Address 7694 LETA WAY Taxpayer City Total Asmt Property Address VERONA WI 53593 $7,214.88 823l5TH1ST IS ASSESSMENT W AIYER AGREEMENT FOR 823 SOUTH 5TH STREET, STILLWATER THIS AGREEMENT FOR AN ASSESSMENT WAIVER ("Agreement'') is entered into and effective as of the _f__ day of a:-rvt-e> ~ , 2018 (" Agreement Date"), by and between the City of Stillwater, a Minnesota municipal corporation ("City"), and Michael T . Hinman and Georgia L. Hinman ("Owner"), husband and wife. RECITALS A. Owner is the fee owner of certain real property located at 823 South 5th Street in the City of Stillwater, Washington County, Minnesota, legally described as: Lots 16 and 17, Block 5, Churchill Nelson Slaughters Addition to Stillwater PID: 33.030.20.12.0014 (the "Property''); and B. The City has found that certain improvements to the Property are required due to construction of a sidewalk project on 823 South 5111 Street (the "Project"); and C. In conjunction with the Project, the Owner has requested the City to cause the following improvements on the Property: Retaining Wall construction (the "Improvements"); and D . The Owner has requested that the City construct and assess the construction costs of the Improvements to serve the Prope1ty; and E . As pa1t of the consideration for the benefit to the City, the Owner will execute the Temporary Easement that is necessary for the Project; and F. As consideration for the benefit to the Owner, the City will agree to assess the costs for the Improvements; and G. The Owner acknowledges that the Improvements will benefit the Prope1ty. 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 Pnrposc. The purpose of this Agreement is to memorialize the covenants and agreements between.the Owner and the City with regard to the Prope1ty and the Improvements including the Owner's Assessment Amount which constitutes an estimated benefit of the Improvements pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. 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 repayment of the Assessment Amount. Section 1.03 Survival. Notwithstanding the termination of this Agreement pursuant to Section 1.02, the Owner's Covenants and Agreements contained in Section 3.01 and the City's Covenants and Agreements contained in Section 3.02 shall survive the termination of this Agreement. 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) Agree ment: This Agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Prope1ty, Assessment Amount 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 Dal : The date written in the first paragraph of the Agreement. (c) Assessment Amount: The Assessment Amount shall be Seven Thousand Two Hundred Fourteen Dollars and 88/lOOths ($7,214.88). The Assessment Amount is commensurate with the estimated special benefit of the Improvements to the Property. 2 ( d) Assessment Interest Rate: The Assessment Amount shall accrue interest at a rate of four and a quarter percent (4.25%) per year for the Assessment Term beginning from the date the assessment is levied against the Property. (e) Assessment Term: The term of the special assessment shall be ten (10) years after the Assessment Amount is levied against the Property. (f) City: The City of Stillwater, a Minnesota municipal corporation. (g) Owner: Michael T Hinman and Georgia L. Hinman, husband and wife. ARTICLE Ill COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreement of the Owner. The Owner covenants and agrees with the City that: (a) Assessment Appeal Waiver: Owner hereby authorizes the City to levy the special assessment against the Prope11y up to the Assessment Amount for the Improvements. The Owner 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 Prope11y up to the Assessment Amount. The Owner hereby waives any and all procedural and substantive objections to the assessment up to the Assessment Amount against the Prope11y, including, but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Amount against the Property exceeds the benefit to the Property for the Improvements. The Owner acknowledges and agrees that the benefit of the Improvements to the Property does in fact equal or exceed the Assessment Amount. The City and the Owner acknowledge and agree that the Owner's waiver of assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Amount by operation of Minn. Stat. § 462.3531. The City 1;tnd the Owner acknowledge and agree that the Owner may appeal any special assessment above the Assessment Amount. (b) wner s ovenant Not lo Sue the ity: Owner hereby covenants with the City not to appeal or sue the City for a com1 to set aside, reduce, repeal, or invalidate the assessment, or for other relief from the payment of the City's assessment up to the Assessment Amount against the Prope11y for the Improvements. (c) Owners Covenant that O ner is the Property Fee Owner: Owner hereby covenants and warrants with the City that Owner is seized in fee of the Prope11y and has good right to enter into this Agreement with the City. 3 (d) Owner's /\.greernenl to Assessment Amount: Owner understands and agrees that the value of the Improvements will increase the market value of the Property in an amount that equals or exceeds the Assessment Amount. ( e) Right of Entry : Owner allows the City, its employees, contractors and assigns to enter onto the Property for purposes of constructing the Improvements. Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with the Owner that: (a) Asscssm nt Amount: The City agrees that it will certify/levy the Assessment Amount against the Property only up to the Assessment Amount for the Improvements pursuant to this Agreement. (b) City Recording of this Agreement: The City will record this Agreement against the Prope1ty. (c) Prepayment of Assessment: The City agrees the Owner may prepay some or all of the City's Assessment Amount against the Prope1ty for the Improvements with no penalty pursuant to Minn. Stat.§ 429.061. (d) Cjtv lo n trucl Improvements: The City agrees to enter the Property for the purpose of constructing the Improvements on the Property. The rights of the City include the right of City, its contractors, agents and servants: I . To enter upon the Property for the purposes of construction, inspection, grading, sloping, and restoration relating to the purposes of the Improvements; and 2. To remove from the Prope1ty during the term of its existence the existing trees, brush, herbage, aggregate, undergrowth, curb, concrete, asphalt, and other obstructions interfering with the location, and construction of the Improvements on the Prope1ty; and 3. To remove or otherwise dispose of all earth or other material excavated from the Property during the term of its existence as the City may deem appropriate; and 4. To enter onto the Prope1ty as needed in order to constrnct and maintain the Improvements. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or othe1wise. Further, any and all claims brought by Landowner or her successors or assigns shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. 4 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 Owner agrees that after execution of this Agreement, if it challenges the validity of the Assessment up to the Assessment Amount in any way, then Owner shall pay the City the amount of the City's assessment up to the Assessment Amount with accrued interest beginning as stated in Section 2.01 ( c ), together with the City's attorneys' fees, costs and expenses to defend the assessment by the City up to the Assessment Amount pursuant to this Agreement. The Owner aclmowledges and agrees that the Owner would be unjustly enriched if the City's assessment up to the Assessment Amount pursuant to this Agreement was set aside, reduced, repealed or invalidated by a comi with jurisdiction over the Property. The Owner agrees that the court with jurisdiction over the Prope1ty shall award the City the assessment up to the Assessment Amount with accrued interest together with the City's attorneys' fee s, costs and expenses for breach of the Owner's covenant not to appeal or sue the City pursuant to Article III, Section 3.0l(b). 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 ce11ified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City : If to the Owner: City of Stillwater Attention: City Administrator 216 Nmth 4th Street Stillwater, MN 55075 Michael T. Hinman and Georgia L. Hinman 823 South 5th Street Stillwater, MN 55082 5 Section 5.02 Nou-Assigoabilitv. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either 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 Severabili!Y:, 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 Owner. 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 Owner agrees to notify and provide any buyer of the Property with an executed copy of this Agreement if the Owner sells any interest in the Property following the execution of this Agreement by both the Owner and the City, but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles . ARTICLE VI MAINTENANCE AGREEMENT Section 6.01 Owner for himself, his heirs, successors, and assigns, agrees and understands that except that perfonned by the City arising during the 12 month wananty period herein, all ongoing maintenance of the new retaining wall on the Property shall be the sole and absolute obligation and expense of Owner and that other than the 12 month construction wananty, the City shall have no further obligations with respect to the retaining wall. Section 6.02 This Maintenance Agreement shall run with the Property and shall be binding upon the Owner's heirs, successors and assigns. This Maintenance Agreement shall survive the tennination of the Assessment Waiver Agreement. IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by their duly authorized representatives. 6 [remainder of page intentionally blank] 7 CITY OF STILLWATER By: By: Ted KozJowsld Mayor Diane 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 Kozlowksi 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 instrnment to be the free act and deed of said municipal corporation. Notary Public 8 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 TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sander~1 ~?;ector of Public Works October 12, 2018 2018 Street Improvement Project Assessment Hearing and Adoption of Assessment Roll Projects 2018-02 DISCUSSION: Completion of the 2018 Street Project is near with a few remaining streets to be paved. These streets should be paved yet this year. The last step in the City's improvement process is to adopt the assessments for the project. The feasibility estimate for the project was $2,156,021.00 and the final project cost is estimated to be $2,237,088.81. There were slight variations in the adjustments to the final assessment amount. with the exception for the area of Green Twig Way, Victoria Ct and Sherburne Street where the assessment dropped about 25% and the partial reconstructed street. The appraisal for this area showed the increased value of the improvement to be $5000, lower than the estimated cost of the improvement. Th bl b 1 h fi h eta e e ow s ows assessments rates or t e proJect: Preliminary Proposed Final Assessment Rate Assessment Rate Partial reconstruction (Interlachen, Pine Tree Trail, Lake Street, etc. $5163.12 /unit $5000.00/ unit Union Alley $40.83/lf $40.83/lf Mill and Overlay-Downtown $38.75/lf $37.36/lf Mill and Overlay-w/sidewalks $2582.42/unit $24 77. 71/unit William and Sixth Mill and Overlay w/o sidewalks $1769.81/ unit $1272.71/unit Sherburne, Green Twig and Victoria Mill and Overlay-$64.04/lf $59.92/lf Curve Crest Boulevard Mill and Overlay $43.71/lf $45.08/lf Industrial Boulevard Mill and Overlay -state Aid Streets $2280.56 $2389.53 Pine and Mulberry A few items of note regarding assessments: • Residential comer lots are assessed 0.5 units per side improved and may have received two different assessment rates, i.e. the comer lot of William and Mulberry or the comer of Brick and Pine. • There were a few properties on William and Sixth that are multi-family and assessed 0.2 units for additional units on the property. • The work on the median on Curve Crest Boulevard was not assessed to any properties and would be paid from State Aid funds. • Commercial properties are assessed for the entire footage of the property as well as lots in the Industrial Park. Funding of the funding of the project is split as follows: Assessments $1,454 7,126.40 City Costs $789,962.41 To date there have been one objections submitted to the City. The assessment period would be 10 years at an interest rate of 4.25. RECOMMENDATION: Staff recommends that Council hold the assessment hearing, and adopt the attached assessment roll for the 2018 Street Improvement Project. ACTION REQ UIRED: If Council concurs with the staff recommendation, they should conduct the public hearing and pass a motion adopting Resolution No. 2018-_, RESOLUTION ADOPTING ASSESSMENT FOR 2018 STREET IMPROVEMENT PROJECT (PROJECT 2018-02). My name is David Hoover. I, along with my wife, Colleen, who is presenting my statement, reside at 280 Bayberry Avenue Court, which is included in the proposed street improvement project being discussed this evening. Unfortunately, I cannot attend this important meeting in person. However, I appreciate my wife being able to present my statement on my behalf for the record. Within the notice for public hearing it is stipulated that "soil borings do show there is an adequate aggregate thickness of at least six inches." Despite this finding, completely replacing the aggregate appears to be within the scope of work for the repaving project. This would seem unnecessary based upon the City's own finding. Second, the report indicates that the current 3.5 inch thickness of pavement is "less than typical standard today of 4.0 inches". What it doesn't say is whether the current 3.5 inches is inadequate or that there is a legal requirement that 4.0 inches is required. Only that 4.0 inches is, again, typical, with no specific definition of the word "typical". Typical is not synonymous with mandatory. It is also important to note that Bayberry Avenue Court, by its nature, is a very low trafficked, low speed area. The wear and damage on this thoroughfare is more unlikely to be caused by traffic than it is by the City itself causing the damage when clearing the street during the winter. I understand that local governments have the authority to levy special assessments to pay for local improvements, including streets and roads, under Minnesota Statute Chapter 429. One of the requirements for calculation of the size of the assessment is that it may not exceed the value of any "special benefit" derived from the proposed, (quote) "improvement". It is further defined that to be a constitutional taking, that is, legal to assert the special assessment, the following must be satisfied. I quote from the statute: "The benefit is measured by the difference between what a willing buyer would pay a willing seller for the property before and after improvement, based upon the highest and best use of the land. Present use of the land is not a controlling factor." I would argue that any potential home buyer has a reasonable expectation that their home will be on a passable and maintained street. In this case, the City is not proposing widening a road or paving a street which has historically been gravel. Rather, they are proposing to ensure a passable and maintained street, common to its current construction, in a way which would be expected from any potential home buyer. Because of that common expectation, I would further argue that there would be no increase in property or sales value, from the perception of a potential buyer, resulting from the proposed reconstruction of Bayberry Avenue Court. In other words, there is no real "special benefit." I believe that the burden of proof lies upon the City to prove otherwise before re-proposing this project with its associated assessment. Unless the City can prove that this project will provide us, as the homeowner, recognizable "special benefit", then, as a matter of law, the proposed special assessment for this project does not pass the constitutional hurdle required to assert the levy, in addition to appearing to be unnecessary as based upon the City's own analysis of the street's current construction. The work proposed appears to far exceed what is necessary to remedy what appears to be, and seems to be described by the city as being, normal wear and tear. Based upon what I've indicated in this statement, I am vehemently opposed to the idea of being assessed over $5000 in exchange for no measurable benefit as a property owner. I appreciate the opportunity to have my statement read this evening and have confidence that it will be dutifully considered prior to the final decision on the scope of this proposed project as it relates to Bayberry Avenue Court. Thank you. RESOLUTION ADOPTING ASSESSMENT FOR 2018 STREET IMPROVEMENT PROJECT PROJECT 2018-02, L.I. 417 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard all objections to the proposed assessment for the 2018 Street Improvement Project for the following area: Properties abutting Pine Tree Trail, Lake Drive, Brick Street South (Pine St W to Willard St W), Seeley Street South (Pine St W to Willard St W), Willard Street West (Brick St S to Seeley St S), Interlachen Way, Interlachen Way Court, Bayberry Avenue Court, Bayberry Avenue (Interlachen Way to Maryknoll Dr), Union Alley (Myrtle St E to Commercial Ave), Industrial Boulevard, Curve Crest Blvd (Washington Ave to Greeley St S), Green Twig Way, Sherburne Street North (Myrtle St W to Linden St W), William Street North (Myrtle St W to Mulberry St W), Mulberry Street West (Owens St N to Everett St N), Sixth Street South (Pine St W to Olive St W), Pine Street West (Greeley St S to Seeley St S), Victoria Court, Commercial Avenue, Nelson Alley, Nelson Street (Second St S to Main St S), Second Street South (Myrtle St W to Nelson St W), Union Alley (Chestnut St E to Myrtle St E), Olive Street East (Third St S to Main St S). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, 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 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. 2. Such assessments shall be payable in equal installments over a period of ten (10) years with the first of the installments to be payable on or before the first Monday in January 2019, and shall bear interest at the rate of 4.25% per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date ofthis resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at any time prior to certification of the assessment to the county auditor, pay the entire assessment balance on such property, without any additional interest to the City of Stillwater. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 16, 2018. If the assessment is not paid by November 16, 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 16, 2018, the assessments will be collected over a period of ten (10) years with interest added at 4.25% per year on the unpaid balance. 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 City of Stillwater. 4. 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 council this 16th day of October 2018. ATTEST: Ted Kozlowski, Mayor Diane F. Ward, City Clerk GEO T AXPAYER N AME ADDRESS CITY Std Rate SA Rate Industrial Commercial UNIT Ree. Unit SA Unit LF Rate TOTALASMT PROPERTY ADDRESS 290302021 0031 PULIDO JUAN & JACQUELINE 701 EAGLE RIDGE TRL STILLWATER MN 55082 X 05 05 Sl,272 51 $636.26 70 1 EAGLE R IDGE TRL 2903020210061 BREKKE DAVID A & Al YC E L 645 EAGLE RIDGE TRL STILLWATER MN 55082 X 05 05 $1.272 51 $636 26 645 EAGLE R IDGE 1 RL 2803020310050 NEUMAN GERALD & CYNTHIA 235 WILLIAM ST N STI LLWATER MN 55082 X X OS 0.5 $2,477 14 $1238 57 235 WILLIAM ST N 2803020310052 MAGLE RALPH & ALI CE 229 WILLIAM ST N STILLWATER MN 55082 X X 10 10 $2.477 14 $2.477 1.4 229 WI W AM ST N 2803020310054 CHRISTIANSON NICHOLAS & TAYHA JI 225 WILLIAM ST N STILLWATER MN 55082 X X I 0 1.0 $2.4 77 14 $2.477 14 225 WILLIAM ST N 28 030203 10056 JORGENSEN H OLD INGS LLC 215 WILLIAM ST N STILLWATER MN 55082 X 50 0 $30 50 $1.525 00 2803020310058 JORGENSEN HOLDINGS LLC 21 5 WILLIAM STN STI LLWATER MN 55082 X 75 0 $3 0 50 $2.2 87 50 215 WILLIAM ST N 280302031 0060 HARVIEUX BRADLEY & CARLA 115 WILLIAM ST N STILLWATER MN 55082 X 0.6 0.6 $2,47 7 15 $1,48629 115 WILL IAM ST N 280302031 0062 SHUSTERICH LISBETH M 469 HOMEWARD WAY STILLWATER MN 55082 X I 0 1.0 S2.477 IS $2 ,477 15 109 WILLIAM ST N 280302031 0064 SHUSTER IC H LI SB ETH M 469 HOMEWARD WAY STILLWATER MN 55082 109 WILLI AM ST N 2803020310065 GUNTER BR IAN 7 18 MYRTL E ST W STILLWATER MN 55082 X 05 0,5 $2,477 15 $1.238 58 718 MYRTLE ST w 280302031 0066 GUNTER BRIAN 718 MYRTLE ST W STILLWATER MN 55082 718 MYRTLE ST w 2803020310132 STAR KANNE C 14757 130TH ST N STILLWATER MN 55082 X 06 0,6 $2.477 15 $1.486 29 209 WI LLIAM ST N 28030203 10133 M IKUT OWSKI STEPHEN & TERESA 205 W lLLIAM ST N STILLWATER MN 55082 X l 0 1.0 S2.477 15 $2.477 15 205 WlLUAM ST N 2803020310134 MALCHOW DAVID & REBECCA 129 WI LL IAM ST N #1 STILLWATER MN 55082 X I 2 I 2 $2.477 l 5 $2.972 58 129 W ILLIA M ST N 2803020310135 JOHNSON JEFFREY 123 W IL LIAM ST N STILLWATER MN 55082 X 06 06 $247715 $1.486 29 123 W IL LI A M ST N 2803020320001 SIEDE DOLORES I TRS 236 WI LLIAM ST N STILLWATER MN 55082 " 0 .S 05 $2,477 15 $1.238 58 236 W ILLIAM ST N 2803020320002 PINSONNEAULT LORALIE 230 WILLIAM ST N STILLWATER MN 55082 X I 0 I 0 $2 ,477 15 $2.477 15 230 WILLIAM ST N 2803020320004 HARLESS MICHAEL & KELLEY 4936 210TH ST N FOREST LAKE MN 55025 X I 2 12 $2,477 15 $2.9 72 58 228 WILLIAM ST N 2803020320006 COLE CHARLES & LIZABETH 216 WILLIAM ST N STILLWATER MN 55082 X I 0 I 0 $2 ,477 15 $2.4 77 15 216 WILLIAM ST N 2803020320007 MILLER THOMAS & CYNTHIA 214 WILLIAM ST N STILLWATER MN 55082 X \ 0 1.0 $2..4 77 15 $2.477 15 214 WILLIAM ST N 2803020320010 VOLLMER DOROTH Y M 208 WILLIAM ST N STILLWATER MN 55082 X I 0 IO S2.477 IS $2_4 77 15 208 WILLIAM ST N 2803020320012 VOL.LMER DOROTHY M 208 WILLIAM ST N STILLWATER MN 55082 208 WILLIAM ST N 280302032001 5 PERRY ROB ERT 204 WILLIAM ST N STILLWATER MN 55082 X 05 05 $2,4 77 15 $].238 58 204 W ILLIAM ST N 2803020320099 GREEN ERIC J 124 W ILLIAM ST N STILLWATER MN 55082 X 05 05 $2.477 15 $J_.2J8 58 124 W ILLIAM ST N 28030203201 01 LOHMER CHRIST OPHER 3100 LOWELL CT STILL WATER MN 55082 X l 2 1.2 $2,477 15 $2.972 58 120 W IL LIAM ST N 2803020320104 KAE JU LIE 110 W IL LI AM ST N ST ILLWATE R MN 55082 X l 0 I 0 $2.477 15 $2.477 15 110 WlWAM ST N 2803020320 107 LUEDTKE DONNA M & MARY J 14779 62ND ST APT 2 STILLWATER MN 55082 X 05 05 $2.477 15 $1,238 58 804 MYRTLE ST w I I I I I I I I 2603020430005 LAGARDE PHILL IP M 407 6TH ST S STILLWATER MN 55082 X I 0 I 0 $2,477 15 $2.4 77.15 407 6TH ST s 2803020430079 CULV ER DAVIS JR REV TRS 320 PINE STW STILLWATER MN 55082 X 05 0.5 $2.477 15 $1.238 58 320 PINE ST w 2803020430080 DAVIS-JOHNSON CAR ROLL & DAVID 411 6TH ST S STILLWATER MN 55082 X 1.0 1.0 SZ.477 15 $2.477 15 411 6TH ST s 2 803020430081 HANSEN D EAN C & BARBARA S 402 6TH STS STILLWATER MN 55082 X L2 1.2 $2.477 15 $2.972 58 402 6TH ST s 2803020430082 NIELSEN KAYLENE S 4106THSTS STILLWATER MN 55082 X 1.0 1.0 S2.47 7 t.S $2.477 15 410 6TH ST s 2803020430083 LOEGERING ROBERT & MARY 4186T HSTS STILL WATER MN 55082 X I 0 1.0 $2,477.15 $2.4 77 15 418 6TH ST s 2803020430084 PANCIERA KATHLEEN & LAWRENCE 424 6TH STS ST ILLWATER MN 55082 X I 0 1.0 $2.4 77 15 $2 .477 15 424 6TH ST s 2803020430085 O'BRIEN THOMAS R 428 6TH ST S STI LLWATER MN 55082 X I 0 1.0 $2.477 15 $2.477 15 428 6TH ST s 2803020430086 MARSHALL DAVID L & JANET 9590 JAMACA AVE N MAHTOM ED I MN 55115 X 05 0.5 $2.477 15 $1 .23858 432 6TH ST s 2803020430097 SAMPLE DAN l!:L G 315 6TH ST S STILLWATER MN 55082 X l 0 l 0 $2.477.15 $2.4 77.15 315 6TH ST s 2803020430099 PARKER T IMOTH Y & MARI LYN CALVER 321 W OLIVE ST STILLWATER MN 55082 X 0 5 05 $2.477 15 $1,238.58 32 1 OLIVE ST w 2803020430101 SCHMOEC KE.l DAVID &DONNA 302 6TH ST S STILLWATER MN 55082 X 0.5 05 $2.4 77 15 SI .238 .58 302 6TH ST s 28030204 301 02 M C.OO NJQD LLOYD & JEANNE 310 6TH ST S STILLWATER MN 55082 X l 2 l 2 $2.477 15 $2.972. 58 310 6TH ST s 2803020430103 JAMES & NANC Y NELSON TRS 318 6TH ST S STILLWATER MN 55082 X 12 12 $2,477 15 $2 .972.58 318 6TH ST s 2803020430104 FABIAN DANIEL A & JERI L 3266TH STS STILLWATER MN 55082 X j 7 1.2 $2,477 15 $2,972 58 328 6T H ST s 2803020430113 NYEGGEN BRYCE & COLLEEN 3276T H ST S STILLWATER MN 55082 X 10 1 0 $2,477 15 $2.477 15 327 6TH ST s 2803020430114 RUSH WILLIAM L & KARIN M H 323 6TH ST S STI LLWATER M N 55082 X l 0 1 0 $2,477 15 $2 ,477 15 323 6TH ST s I I I I I I I I 2803020310050 NEUMAN GERALD & CYNTHIA 235 WILLIAM ST N STILLWATER MN 55082 X K 0.5 0.5 $2 .389 53 $1.194 77 235 WILL IAM ST N 280302023 0123 H OFFARTH SCOTT & CAROL 304 GREELEY ST N STILLWATER MN 55082 X 05 0,5 $2.389 53 $],194 77 304 GREELEY ST N 2803020230124 HALL M ICH AEL & DAWN SKRAMSTAD 301 OWENS ST N STILLWATER MN 55082 X 0 5 05 $2,389 53 $\.1 94 77 301 OWENS ST N 2803020230132 DEMARAI S ALI CE MARIE 802 MULBERRY ST W STILLWATER MN 55082 X o . .s 0,5 $2,389 .53 $1J 94 77 802 MU LBERRY ST w 2803020230133 MCLARNON CHRIST OPHER 303 GREELEY ST N STILLWATER MN 55082 X o..s 05 $2,389 53 $\.194.77 303 GRE ELEY ST N 2803020240100 HUFF DONALD 728 MULBERRY ST W STILLWATER MN 55082 X 0.S 0.5 $2.389.53 $1.194 77 728 MU LBERRY ST w 2803020240101 ROTHAlJSEN IV CARL 722 MULBERRY STW STILLWATER MN 55082 X 1 0 l.0 $2 .389 53 $2.3 89.53 722 MULBERRY ST w 2803020240102 KA LI K TIMOTH Y 718 MULBERRY ST W STILLWATER MN 55082 X 10 l 0 $2 .389 53 $2.3 89 53 718 MULBERRY ST w 2803020240103 SCH ULTZ ERIC & M E.LI SSA 712 MULBERRY ST W STILLWATER MN 55082 X l 0 l 0 $2,389 53 $2,389.53 7 12 MU LBERRY ST w 2803020240104 KOR ICH ERIN 704 MULBERRY ST W STILLWATER MN 55082 X o . .s 05 $2 ,389 53 $1.19477 704 MULBERRY ST w 2803020310049 DICKINSON PAUL & P AULA 234 EVERETT ST N STILLWATER MN 55082 X 0.5 0.5 $2 ,389 53 $\.194 77 234 EV ERETT ST N 2803020320001 S IEDE DOLO RES I TRS 236 WI LLI AM ST N STIL LWATER MN 55082 X 0.5 05 $2 ,389 53 $1.194 77 236 WI WAM ST N 2803020320003 HUDAK CURTI S M 817MULBERRY STW STILLWATER MN 55082 X 05 o.s $2 ,389 53 $1.194 77 817 M ULBERRY ST w 2 803020320019 FASTNER PATTI 91 3 MULBERRRY ST W STILLWATER MN 55082 X I O LO $2 ,389 53 $2.389 53 91 3 MULBERRY ST w 2803020320020 SWANSON NORMA L 235 OWENS ST N STILLWATER MN 55082 X 05 0.5 S2,3 89.53 $1,194 77 235 OWENS ST N 2803020320 152 FLOOD MICHAEL P & LI NDA W 905 M ULBERRY ST W ST ILLWATER MN 5 5082 X " 05 0,5 $2.3 89 .5 3 $]J94 77 905 MULBERRY ST w 201 8-02 2 10/12/20 18 GEO TAXPAYER NAME ADDRESS CITY Std Rate SA Rate Industrial Commercial UNIT R02 Unit SA Unit LF Rate TOTALASMT P_ROP £RT Y ADDRESS I 10 0 I I I 2803020330078 FAUST SONJA M 1116 PINE STW STILLWATER MN 55082 X 05 0 5 $2.38 9 53 $!_19477 1116 PINE ST w 2803020330079 CITY OF STILLWATER 2164TH ST N STI LLWATER MN 55082 X #### $2.389 .53 2803020330081 HARTMAN KEVIN & SUSAN 1006 PINE STW STILLWATER MN 55.082 X 0,5 0,5 $2 .389 53 $1.1947 7 1006 PINE ST w 2803020330083 KOENIG RITCHIE S 504 GREELEY ST S ST ILLWATER MN 55082 X 0-5 05 $2 ,38 9.53 $1.)9477 504 GREELEY ST s 2803020330104 ZEHR JOHN & OLGA H 1224 PINE ST W STILLWATER MN 55082 X 0-5 0_5 S2 .J 89.5'.l $1.\94 77 1224 PINE ST w 2803020330105 MANNING KIMBERLY 1222 PINE ST W STILLWATER MN 55082 X \ 0 1.0 S2 .JS 9.5J $2 .389 53 1222 PINE ST w 2803020330106 PRENTISS CHESTER E & SHELBY 1216 PINE ST W STILLWATER MN 55082 X JO 1.0 S2.JS 9.53 $2 .389 53 1216 PINE ST w 2803020330107 ANDERS GEORGE & JANMARIE 1210 PINE ST W STILLWATER MN 55082 X I 0 \ 0 $2 389 -5 3 $2.389 53 1210 PINE ST w 2803020330108 ANDERS GEORGE & JANMARIE 1210 PINE ST W STILLWATER MN 55082 $2 .389 53 2803020330109 WILLE SCOTT & JENNrFER HINTZ 1202 PINE ST W STILLWATER MN 55082 X 05 05 $2 .38 9 53 $1 .194 77 12 02 PlNE ST w 28030203301 10 PARENT GREG 504 OWENS ST S STILLWATER MN 55082 X 05 05 $2 .389 53 $1.194 77 504 OWENS ST s 2803020330111 SARN ER RYAN & KATIE 1111 PINE ST W STILLWATER MN 55082 X I O l 0 $2 ,389 53 $2.389 53 1111 P INE ST w 2803020330112 PETTERSON DIANE F 1117PINESTW STILLWATER MN 55082 X 1 0 1 0 $2.}89 53 $2.389 53 111 7 PINE ST w 2603020330113 WHALEN KARI 1125 PINE STW STILLWATER MN 55082 X 1 0 1.0 $2 ,389 53 $2.389 53 1125 PINE ST w 2803020330114 CARDINAL ANTHONY 1209 P INE ST W STILLWATER MN 55082 X 10 LO $2 .389-53 $2.389 53 1209 PINE ST w 2803020330115 PROSSER MARYE 1215 PINE STW STILLWATER MN 55082 X l 0 \ 0 $2.389-53 $2.389 53 1215 PINE ST w 2803020330116 TICE CRAIG J & JU LI A 1225 PfNE ST W STILLWATER MN 55082 X 05 05 $2 .38 9 53 $1.19477 1225 PINE ST w 2803020330123 ERICKSON DANA N PO BOX9394 AVON CO 81620 X 05 0 5 $2.389 53 $1.l 94 77 10 18 PINE ST w 2603020330125 BRAUN ANDREW R 1017 PINE ST W STILLWATER MN 55082 X 05 0.5 $2.)89 53 $1.1 94 77 101 7 PINE ST w 2903020440026 BROWN JACOB W 1304 PINE ST W STILLWATER MN 55082 X 05 05 $2 ,389 53 $1.1 94 77 1304 PIN E ST w 2903020440027 TUMA THOMAS R 1308 PINE ST W ST ILLWATE R MN 55082 X \ 0 l.O $2,389 .53 $2.3 89 53 1308 PINE ST w 2903020440028 BURNETT PAULA A 1318 PINE ST W STILLWATE R MN 55082 X I O \ 0 $2 ,389 .53 $2.389 53 1318 PINE ST w 2903020440029 KAGAN GREGORY & JULIE BENNETT 411 GROVE ST S STILLWATER MN 55082 X 05 05 $2 ,389 .53 $1.194 77 1322 PlNE ST w 2903020440032 KURTZBACH BRANDON & MICHELLE 1401 PINE ST W STI LLWATER MN 55082 X 05 05 $2 .389 53 $1.194 77 1401 PINE ST w 2903020440038 OLSON JANN C & JANET I 1418 PINE ST W STILLWATER MN 55082 X 05 0 5 $2.389 53 $1.l 94 77 141 8 PINE ST w Z903020440042 CARD INAL RONALD & STACY JO FRAN~ 424 GROVE ST S ST ILLWATER MN 55082 X 05 05 $2.389 53 $1.l 94 77 424 GROVE ST s 290302044008 1 FORSBERG MARCIA JEAN & BENNETT 1504 PINE ST W STILLWATER MN 55082 X 05 05 $2 ,389.53 $\.I 94 77 1504 PINE ST w 2903020440092 HAMMERSCHMIDT STEPHEN & ERIKA 506 CENTER ST S STILLWATER MN 55082 X O:S 05 $2,389 .5 3 SL.194 77 506 CENTER ST s 2903020440093 MORSE RICHARD B & JEAN G 1319 PINE ST W STILLWATER MN 55082 X o_o 00 $2,389 53 2903020440094 MORSE RICHARD B & JEAN G 1319 PINE STW STILLWATER MN 55082 X 05 0.5 S'.?.389.53 $1.194 77 1319 PINE ST w 2903020440101 HUNTLEY KRISTIN M 151 4 PINE STW STILLWATER MN 55082 X 05 05 S2 .)S9.53 $1.19477 1514 PINE ST w 2903020440102 TIBBETTS JAMES & RYDEEN AMY 502 S HEMLOCK ST STILLWATER MN 55082 X 05 05 $2,389.53 $1.194-77 502 HEMLOCK ST s 2903020440103 TIBBETTS JAMES & RYDEEN AMY 502 S HEMLOCK ST STILLWATER MN 55082 X l 0 I 0 $2.389 53 $2.389 53 1509 PINE ST w 2903020440104 LAGRAVE BARRY A & COR INNE K I 1517 PINE ST W STILLWATER MN 55082 X o.s 05 $2.389 53 $1.194 .77 1517 PINE ST w 2903020440107 MYHRA DANIEL O & LAURELLE L 1605 PINE ST W STILLWATER MN 55082 X 0.5 0"5 $2 ,389 53 $1.194 77 1605 PINE ST w 2903020440108 KEYS MARKO D 16 11 PI NEST W STILLWATER MN 55082 X LO 1.0 $2 .389 53 $2,389 53 1611 PINE ST w 2903020440109 HILL RICHARD D & CONSTANCE A 1619 PINE STW STILLWATER MN 55082 X 05 05 S2.389.SJ $l J 94 77 1619 PINE ST w 2903020440117 TRS AGR OF SHELDON AND MARY MAr 1618 PINE STW STILLWATER MN 55082 X 05 0-5 SZ.389.53 $1.\94 77 1618 PINE ST w 2903020440118 HUGHES THOMAS J & PAMELA J 1612PIN ESTW STILLWATER MN 55082 X \ 0 1.0 S2 ,JS9.SJ $2)89 53 1612 PINE ST w 2903020440119 AMENT TIMOTHY A & KIM M 1604 PINE STW STILLWATE R MN 55082 X 0.5 0.5 $2 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TRL STILLWATER MN 55082 Unit LF STREETASMT TOTALASMT PROPERTY ADDRESS 9.3 $40 .83 $377.68 118 MAIN ST N 9.3 $40 .83 $377.68 118 MAIN ST N 102 .0 $40 .83 $4,164 .66 123 2ND ST N 75 0 $40 .83 $3,062.25 102 MAIN ST N 100 .0 $40 ,83 $4,083 .00 226 MYRTLE ST E 25 .5 $40 .83 $1,04Ll7 112 MAIN ST N 25.5 $40 .83 $1.041.17 114 MAIN ST N 20 0 $40 .83 $816 .60 120 MAIN ST N 19 0 $40 83 $775 .77 124 MAIN ST N 19.0 $40 ,83 $775 .77 126 MAIN ST N 1.0 $5,000 .00 $5 ,000 .00 2440 BAYBERRY AVE 1.0 $5.000 .00 $5,000 .00 2420 BAYBERRY AVE 1.0 $5 .000 .00 $5,000 .00 2400 BAYBERRY AVE 1.0 $5.000 .00 $5,000 .00 2360 BAYBERRY AVE 1.0 $5 ,000 .00 $5 ,000 .00 2340 BAYBERRY AVE 1,0 $5 ,000 ,00 $5,000 .00 2320 BAYBERRY AVE 1.0 $5 ,000 .00 $5 ,000 .00 2300 BAYBERRY AVE 1.0 $5 ,000 .00 $5,000 .00 2240 BAYBERRY AVE 1.0 $5,000 .00 $5.000 ,00 2200 BAYBERRY AVE 1,0 $5,000 .00 $5,000 .00 180 INTERLACHEN WAY CT 1.0 $5,000 00 $5.000 .00 170 INTERLACHEN WAY CT 1.0 $5 ,000 .00 $5.000 .00 160 INTERLACHEN WAY CT 1.0 $5 ,000 .00 $5.000 .00 150 INTERLACHEN WAY CT 1.0 $5.000 .00 $5.000 .00 140 INTERLACHEN WAY CT 1.0 $5,000 00 $5.000 .00 130 INTERLACHEN WAY CT 1.0 $5,000 .00 $5 ,000 .00 120 INTERLACHEN WAY 1.0 $5,000 .00 $5.000 .00 110 INTERLACHEN WAY 0.5 $5.000 .00 $2 ,500 .00 100 INTERLACHEN WAY 1.0 $5 ,000 .00 $5,000 .00 2.341 BAYBERRY AVE 1.0 $5 ,000 00 $5,000 .00 2.331 BAYBERRY AVE 1.0 $5 ,000 .00 $5,000 .00 2321 BAYBERRY AVE 0.5 $5,000 .00 $2.500 .00 2301 BAYBERRY AVE 0.5 $5,000 .00 $2,500 .00 2241 BAYBERRY AVE 0.5 $5,000 00 $2,500 .00 2201 BAYBERRY AVE 1.0 $5,000 00 $5,000 .00 211 INTERLACHEN WAY 1.0 $5,000 .00 $5 ,000 .00 201 INTERLACHEN WAY 1.0 $5,000 .00 $5 ,000 .00 180 BAYBERRY AVENUE CT 1.0 $5 ,000 00 $5 ,000 .00 200 BAYBERRY AVENUE CT 1.0 $5 000 00 S5 ,000 .00 220 BAYBERRY AVENUE CT 1.0 $5 ,000 00 $5,000 .00 240 BAYBERRY AVENUE CT 1.0 $5 ,000 ,00 $5 ,000 .00 260 BAYBERRY AVENUE CT 1.0 $5,000 00 $5 .000 ,00 280 BAYBERRY AVENUE CT 1.0 $5,000 .00 $5.000 .00 271 BAYBERRY AVENUE CT 1.0 $5,000 .00 $5,000 .00 261 BAYBERRY AVENUE CT 1.0 $5.000 00 $5,000 .00 241 BAYBERRY AVENUE CT 1.0 $5.000 ,00 $5,000 .00 221 BAYBERRY AVENUE CT 1.0 $5,000 .00 $5,000 .00 201 BAYBERRY AVENUE CT 1.0 $5 ,000 .00 $5,000 .00 181 BAYBERRY AVENUE CT 0.5 $5,000 .00 $2 500 .00 141 BAYBERRY AVENUE CT 1,0 $5 ,000 .00 $5,000 .00 191 BAYBERRY AVENUE CT 0.5 $5 ,000 00 $2 ,500 .00 2460 BAYBERRY AVE 0.5 $5,000 .00 $2.500 .00 31 MARYKNOLL DR 0.5 $5,000 .00 $2 ,500 .00 1.0 $5 ,000 00 $5,000 .00 515 PINE TREE TRL LO $5,000 .00 $5,000 .00 518 PINE TREE TRL GEO TAXPAYER NAME ADDRESS CITY Unit LF STREETASMT TOTALASMT PROPERTY ADDRESS 2903020430027 EICHTEN JOSEPH A & JANA M 510 PINE TREE TRL STILLWATER MN 55082 1.0 $5 .000.00 $5 .000 00 510 PINE TREE TRL 2903020430028 JUNKER SHIRLEY A 1717 W PINE ST STILLWATER MN 55082 05 $5.000.00 $2.500.00 17 17 PINE ST w 2903020430031 GROVE THOMAS C & SANDRA J 1803 PINE ST W STILLWATER MN 55082 05 $5.000.00 $2 ,500 .00 1803 PINE ST w 2903020440104 LAGRAVE BARRY & CORINNE 1517PINESTW STILLWATER MN 55082 05 $5.000 ,00 $2.500.00 1517 PINE S T w 2903020440105 JAGUSCH CAROL R 17970 LINCOLN ST NW ELK RIVER MN 55330 1 0 $5 .000 .00 $5 .000 .00 525 BRICK ST s 2903020440107 MYHRA DANIEL O & LAURELLE L 1605PINESTW STILLWATER MN 55082 05 $5 .000.00 $2 ,500 .00 1605 PINE ST w 2903020440109 HILL RICHARD D & CONSTANCE A 1619PINESTW STILLWATER MN 55082 0.5 $5 .000.00 $2 .500 .00 1619 PINE ST w 2903020440110 BRUNSOMAN JERRY K 1618 WILLARD ST W STILLWATER MN 55082 1.0 $5 .000.00 $5.000 00 1618 WILLARD ST w 2903020440111 SCHLEUSNER GENE A 524 BRICK ST S STILLWATER MN 55082 1.0 $5 ,000 00 $5 ,000 00 524 BRICK ST s 3203020110016 NELSON MARGARET R 607 LAKE DR STILLWATER MN 55082 l 0 $5 ,000 .00 $5,0 00 .00 607 LAKE DR 3203020110017 JOHNSON PATRICIA A 2225 ORLEANS ST W # 107 STILLWATER MN 55082 1.0 $5 ,000.00 $5.000.00 611 LAKE DR 3203020110018 REGIS WILLIAM & MARILYN ACKERLEY 617 LAKE DR STILLWATER MN 55082 1.0 $5 ,000 00 $5.000.00 617 LAKE DR 3203020110019 CAIN EDWIN E & MARY E-707 LAKE DR STILLWATER MN 55082 1.0 $5 ,000 00 $5 .000 00 707 LAKE DR 3203020110020 EUGENE & BETTE JEAN BEALKA TRS 711 LAKE DR STILLWATER MN 55082 1 0 $5 .000 .00 $5 ,000 .00 711 LAKE DR 3203020110021 ANDERSON LYLE & CLARA LOU 715 LAKE DR STILLWATER MN 55082 1.0 $5 .000 .00 $5 ,000 .00 715 LAKE DR 3203020110022 MCCARTHY MICHAEL 1005 PINE TREE TRL STILLWATER MN 55082 1.0 $5 .000,00 $5.000 ,00 1005 PINE TREE TRL 3203020110023 CARDOZO ARLENE TRS 452 SW 28TH RD MIAMI FL 33129 1.0 $5 .000 00 $5 ,000 00 1007 PINE TREE TRL 3203020110024 JULIE & JAMES VINAR JR TRS 1009 PINE TREE TRL STILLWATER MN 55082 l_O $5 ,000 .00 $5 ,000 .00 1009 PINE TREE TRL 3203020110025 MARGARET DOEKSEN REV T RS 1111 PINE TREE TRL STILLWATER MN 55082 1.0 $5 ,000 .00 $5.000.00 1111 PINE TREE TRL 3203020110026 BEALKA NEIL SR & GLENNA 801 LAKE DR STILLWATER MN 55082 1.0 $5 .,000 ,00 $5.000 .00 801 LAKE DR 3203020110027 JADWIN KENNETH W & KIM D 1008 PINE TREE TRL STILLWATER MN 55082 1 0 $5 .000 00 $5.000 00 1008 PINE TREE TRL 3203020110028 JENSEN PAULA M 1010 PINE TREE TRL STILLWATER MN 55082 1.0 $5 ,000.00 $5,000.00 1010 PINE TREE TRL 3203020110031 CROSS LAWRENCE & PATRICIA 1116 PINE TREE TRL STILLWATER MN 55082 1.0 $5 ,000.00 $5,000 00 1116 PINE TREE TRL 3203020120001 PERO RYAN R 608 LAKE DR STILLWATER MN 55082 I 0 $5.000.00 $5 ,000 00 608 LAKE DR 3203020120002 ULRICH JACLYN JO 612 LAKE DR STILLWATER MN 55082 l 0 $5,000 .00 $5 ,000.00 612 LAKE DR 3203020120004 KOONTZ THOMAS & DONNA 618 LAKE DR STILLWATER MN 55082 l 0 $5,000 00 $5 ,000 00 618 LAKE DR 3203020120005 CORPRON STEPHEN P 712 LAKE DR STILLWATER MN 55082 1.0 $5 ,000 .00 $5 ,000 .00 712 LAKE DR 3203020120006 KIBBLE REGINA 716 LAKE DR STILLWATER MN 55082 I 0 $5 ,000 .00 $5 000.00 716 LAKE DR 3203020120007 VIRGINIA M TIERNEY TRS 717 PINE TREE TRL STILLWATER MN 55082 I 0 $5.000 .00 $5,000.00 717 PINE TREE TRL 3203020120008 ZOLLDAN DAVID & SHELBY 711 PINE TREE TRL STILLWATER MN 55082 1.0 $5 ,000 00 $5 .000 .00 711 PINE TREE TRL 3203020120009 LONGADAMC 707 PINE TREE TRL STILLWATER MN 55082 1.0 $5 .000 .00 $5 ,000 00 707 PINE TREE TRL 3203020120010 FARNHAM ANNE E 617 PINE TREE TRL STILLWATER MN 55082 I 0 $5.000.00 $5 ,000 00 617 PINE TREE TRL 3203020120011 KRITTA MATTHEW T & MARTA 615 PINE TREE TRL .STILLWATER MN 55082 I 0 $5.000 .00 $5 ,000 00 615 PINE TREE TRL 3203020120012 ERICKSON SHARI S 611 PINE TREE TRL STILLWATER MN 55082 LO $5,000 00 $5 ,000 00 611 PINE TREE TRL 3203020120013 LONDINO JAMI & TREVIS HERMANN 608 PINE TREE TRL STILLWATER MN 55082 1.0 $5,000 00 $5,000 .00 608 PINE TREE TRL 3203020120014 WALTERS JAMES A 2644 PAINT PONY CIR CASTLE ROCK CO 80108 I 0 $5 ,000 .00 $5 ,000.00 612 PINE TREE TRL 3203020120015 DOWDALL BRADLEY & MELISSA 616 PINE TREE TRL STILLWATER MN 55082 1.0 $5 ,000.00 $5 .000.00 616 PINE TREE TRL 3203020120016 KELIHER MICHAEL J & ANIA M 704 PINE TREE TRL STILLWATER MN 55082 1.0 $5.000 00 $5 .000 00 704 PINE TREE TRL 3203020120017 WAGN ER RUSSELL R 11086 SWEETWATER PATH WOODBURY MN 55129 1.0 $5 ,000 ,00 $5,000.00 708 PINE TREE TRL 3203020120018 FRISK JAMES L & ELAINE M 712 PINE TREE TRL STILLWATER MN 55082 1.0 $5.000 .00 $5 ,000 00 712 PINE TREE TRL 3203020120019 WELLS FARGO BANK NA 1 HOME CAMPUS , MAC F2302-03B DES MOINES IA 50328 1.0 $5.000.00 $5,000 00 716 PINE TREE TRL 3203020120020 GRINSTEAD ELAINE C 800 PINE TREE TRL STILLWATER MN 55082 I 0 $5.000 ,00 $5 ,000 00 800 PINE TREE TRL 3203020120038 HAUSKEN MICHAEL & JANET 905 PINE TREE TRL STILLWATER MN 55082 1.0 $5,000 00 $5 ,000 00 905 PINE TREE TRL 3203020120039 BAC H DIANNE TRS 1001 PINE TREE TRL STILLWATER MN 55082 I 0 $5.000.00 $5 .000 .00 1001 PINE TREE TRL 3203020120040 SEVERSON RYAN & JENNIFER 1003 PINE TREE TRL STILLWATER MN 55082 10 $5 .000.00 $5,000.00 1003 PINE TREE TRL 3203020120041 SHIMON KAR EN C 803 PINE TREE TRL STILLWATER MN 55082 10 $5.000 .00 $5.000.00 803 PINE TREE TRL 3203020120043 FORSBERG LARRY G & JOANN E E 1004 PINE TREE TRL STILLWATER MN 55082 1.0 $5,000 00 $5.000.00 1004 PINE TREE TRL 3203020120044 SEVERSON LAWRENCE A & NANCY 1006 PINE TREE TRL STILLWATER MN 55082 1.0 $5,000.00 $5,000 00 1006 PINE TREE TRL 3203020120045 HOGAN JAMES R 804 PINE TREE TRL STILLWATER MN 55082 I 0 $5.000.00 $5 .000 00 804 PINE TREE TRL 3203020120046 WALLIN KAREN LYNN 810 PINE TREE TRL STILLWATER MN 55082 I 0 $5 ,000.00 $5 ,000.00 810 PINE TREE TRL 3203020120047 JENSEN LOWELL DAVID 818 PINE TREE TRL STILLWATER MN 55082 l 0 $5 ,000 .00 $5 ,000 00 818 PINE TREE TRL 3203020120048 NELSON THERESA A & DEAN A 904 PINE TREE TRL STILLWATER MN 55082 1.0 $5 .000.00 $5 ,000.00 904 PINE TREE TRL 3203020120049 FAETH JOHN A & BETH A 916 PINE TREE TRL STILLWATER MN 55082 LO $5 ,000.00 $5 .000 .00 916 PINE TREE TRL 3203020120077 BENSON CONNIE 806 PINE TREE TRL STILLWATER MN 55082 1.0 $5.000 .00 $5.000 .00 806 PINE TREE TRL 3203020120080 HOELZE.L TI MOTHY A & JESSICA R 811 PINE TREE TRL STILLWATER MN 55082 10 $5.000.00 $5.000 00 811 PINE TREE TRL 3203020140091 EICHTEN DENISE M 1126 PINE TREE TRL STILLWATER MN 55082 1.0 $5 ,000 .00 $5.000,00 1126 PINE TREE TRL 2018-02 2 10/12/2018 MEMORANDUM TO: Mayor and City Council ~}f. FROM: Shawn Sanders, Director of Public Works DATE: October 10, 2018 SUBJECT: South Third Street Improvement Project Assessment Hearing and Adoption of Assessment Roll Project 2018-09 DISCUSSION: Construction has been completed for the Third Street South Improvement Project. The project was led by Washington County and included replacement of the concrete pavement, curbs, sidewalks, retaining walls and repairs to sewer and water mains, on South Third Street South from Chestnut Street to Walnut Street. Overall, the total cost of the project is estimated to be $2.8M, and the City's share of the project estimated to be $479,112. This cost is further broken down into costs to be assessed to property owners at $342,256 and cost to the City and Water Board for sewer and water main reapirs at $136,856. The assessments are further broken down into three items; street, retaining wall and water service. Assessed costs for the street improvements were based on the City's share of the project or 50% and assessed to the property owners along the South Third Street according to the City assessment policy at 70%. The rate for the street assessment is $8.01/LF. The retaining wall and water service were assessed to the former National Guard Amory building at 100% and 50% to the property, respectively or $274,147.25 and $46,777. To date, we have not received any letter of objections. RECOMMENDATION: Staff recommends that Council hold the assessment hearing and adopt the attached assessment roll for the Third Street South Improvement Project as submitted ACTION REQUIRED: If Council concurs with the staff recommendation, they should conduct the public hearing and pass a motion adopting Resolution No. 2018-_, RESOLUTION ADOPTING ASSESSMENTS FOR THE SOUTH THIRD STREET IMPROVEMENT PROJECT (PROJECT 2018-09) RESOLUTION ADOPTING ASSESSMENT FOR THIRD STREET SOUTH IMPROVEMENT PROJECT PROJECT 2018-09, L.I. 418 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard all objections to the proposed assessment for the Third Street South Improvement Project for the following area: Properties abutting Third Street South (Walnut St to Chestnut St). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, 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 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. 2. Assessment amounts greater than $3,000 shall be payable in equal installments over a period of ten (10) years and assessment amounts less than $3,000 shall be payable in equal installments over a period of five (5) years with the first of the installments to be payable on or before the first Monday in January 2019, and shall bear interest at the rate of 4.25% per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at any time prior to certification of the assessment to the county auditor, pay the entire assessment balance on such property, without any additional interest to the City of Stillwater. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 16, 2018. If the assessment is not paid by November 16, 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 16, 2018, the assessment amounts greater than $3,000 will be collected in equal annual installments extending over a period of ten (10) years and assessment amounts less than $3,000 will be collected in equal annual installments extending over a period of five (5) years with interest added at 4.25% per year on the unpaid balance. 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 City of Stillwater. 4. 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 council this 16th day of October 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders~rector of Public Works DATE: October 10, 2018 RE: Approval of Engineering Services Riverbank Stabilization and Riverwalk Project DISCUSSION In August, the City solicited Request for Proposals for Engineering Services for the Riverbank Stabilization and Riverwalk Project This project consists of stabilizing the riverbank along the St. Croix from south of downtown to city limits and near the Sunnyside Marina and a new riverwalk from Nelson Street to the Shoddy Mill buildings. Two proposals were received and upon review, staff has selected AMI Consulting Engineers P.A. (AMI), from Superior Wisconsin. AMl's background is marine engineering has worked on projects similar to ours projects along the lakefront in the Duluth area. AMI' s estimated cost was range of $264,000-$400,000 for engineering and construction services. If approved staff will come back to Council with an agreement for the work. RECOMMENDATION Staff recommends council approve the engineering services of TKDA for Marylane Drainage Improvement Project. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2018-_, ACCEPTING PROPOSAL AND A WARDING CONTRACT FOR ENGINEERING SERVCIES FOR RIVERBANK STABILIZATION AND RIVERW ALK PROJECT (PROJECT 2016-06). ACCEPTING PROPOSAL AND A WARDING CONTRACT FOR ENGINEERING SERVICES FOR THE ST. CROIX RIVERBANK STABILIZATION PROJECT PROJECT 2016-06 WHEREAS, the City solicited proposals to provide engineering services for the St. Croix Riverbank Stabilization Project and two have been received. WHEREAS, the proposal from AMI Consulting Engineers, P.A. represents the best fit for the project based upon the scope of services requested by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with AMI Consulting Engineers, P.A. in the name of the City of Stillwater for engineering services for St. Croix Riverbank Stabilization Project. Adopted by the City Council this 16th day of October 2018. Ted Kozlowski, Mayor ATTEST: -------------Di an e F. Ward, City Clerk WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 16, 2018 The following items are presented for Board approval/adoption : DEPARTMENT/AGENCY Administration Community Services Sheriffs Office ITEM A. Approval of October 2, 2018, County Board meeting minutes. B. Approval to appoint Jen Oknich, Scandia, to the Comfort Lake-Forest Lake Watershed District to a first term expiring September 21, 2021. C. Approval of a grant agreement between the Minnesota Department of Employment and Economic Development and Washington County in the amount of $135 ,000 for the period of June 22, 2018 through October 22, 2020. D. Resolution -Authorizing an agreement between the Washington County Sheriffs Office and the United States Department of Justice, Drug Enforcement Administration (DEA), for the period of October I, 2018 through September 30, 2019. E. Approval of a contract with the City of Newport for the provision of law enforcement services, for the period of January 1, 2019 through December 31 , 2020. *Consent Calendar items are generally de fined as items of routine business, not requiring discussion, and approve d in one vote . Commissioners may e le ct to pull a Consent Cal e ndar 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 calf (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 9, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Human Resources Sheriffs Office ITEM A. Approval of September 18, 2018, and September 25, 2018, County Board meeting minutes. B. Approval of county comment letter on the draft City of Cottage Grove Comprehensive Plan. C. Approval to adopt revisions to the following policies: Policy #5002 Employee Assistance Program, Policy #5003 Employee Recognition Program, Policy #5011 Time Off To Vote, Policy #5022 Personnel Committee of the Board, Rules & Regulations Section #8 Employment Status, Rules & Regulations Section #15 Holidays, Paid Time Off(PTO) & Compensatory Time, and Rules & Regulations Section # 18 Employment Development, including deletion of related Policies #5005/5102/5104/5105/5106. D. Approval of 1.0 Full-Time Equivalent Special Project Patrol Officer, funded by a federal grant administered through the Minnesota Department of Safety. *Consent Calendar items are generally defined as items ofroutine 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 Counfy Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER