HomeMy WebLinkAbout2018-12-04 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082
651‐430‐8800
www.ci.stillwater.mn.us
REVISED AGENDA
CITY COUNCIL MEETING
December 4, 2018
REGULAR MEETING 4:30 P.M.
RECESSED MEETING 7:00 P.M.
4:30 P.M. AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. Stillwater Lights Event Application
2. Planning Division Work Plan for 2019‐2022
IV. STAFF REPORTS
3. Water Board Manager
4. Police Chief
5. Fire Chief
6. City Clerk
7. Community Development Dir. – Minar Neighborhood Moratorium Schedule and Scope of Work
8. Public Works Dir.
9. Finance Director
10. City Attorney
11. City Administrator
7:00 P.M. AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
12. Possible approval of the November 20, 2018 regular meeting minutes.
IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
13. Proclamation: Bob Webber – French Legion of Honor medal recipient
14. Swearing in of five (5) new fire fighters – Hunter Duncan, Joseph Forliti, Peter King, David
Martin, and Karl Sinclair
X. OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are
not a part of the meeting agenda. The Council may take action or reply at the time of the
statement or may give direction to staff regarding investigation of the concerns expressed.
Out of respect for others in attendance, please limit your comments to 5 minutes or less.
XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to
be routine by the city council and will be enacted by one motion. There will be no separate
discussion on these items unless a council member or citizen so requests, in which event, the
items will be removed from the consent agenda and considered separately.
15.Resolution 2018‐263, directing payment of bills
16.Resolution 2018‐264, approving contract for mowing, snow and ice removal and cleanup
services for 2019‐2021
17.Resolution 2018‐265, Possible approval of the second reading of Ordinance 1116, an
ordinance amending Chapter 43 regarding liquor of the Stillwater City Code (2nd Reading)
18.Possible approval of the second reading of Ordinance 1117, an ordinance amending the
Stillwater City Code Sec. 31‐216, Nonconforming Use Regulations (Larson) (2nd Reading)
19.Possible approval of the second reading of Ordinance 1118, an ordinance amending the
Stillwater City Code Chapter 31, entitled zoning ordinance, by amending the zoning map of the
city to rezone certain property within the AP – Agricultural Preservation District by adding
them to the RA – One Family Residential District (Nelson) (2nd reading)
20.Possible approval of the second reading of Ordinance 1119, an ordinance repealing Chapter
39A of the Stillwater City Code (TAF) (2nd reading)
21.Resolution 2018‐266, granting license to Patricia Wolf for the Operation of Multi‐person
Cycle Tours on City Streets in 2019.
22.Resolution 2018‐267, approving assessment appeal waiver agreement for PID No.
2130320430099, Jon Archer and Amy Haugen.
23.Resolution 2018‐268, approving Advance Disposal Services new solid waste, recycling and/
or roll‐off hauler license.
24.Resolution 2018-269, approving Renewal of Tobacco License for Fog-E-Cig.
XII.PUBLIC HEARINGS ‐ OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
XIII.UNFINISHED BUSINESS
XIV.NEW BUSINESS
25.Possible approval of purchase of unmanned aerial system for Police
26.Presentation Truth and Taxation
a.Possible adoption of resolutions for 2019 Budget & Tax Levy (2 Resolutions – Roll Call)
27.Possible approval of 2019 City Council and Boards/Commission Meeting Calendar (Resolution
– Roll Call)
XV.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XVI.COMMUNICATIONS/REQUESTS
XVII.COUNCIL REQUEST ITEMS
XVIII.STAFF REPORTS (CONTINUED)
XIX.ADJOURNMENT
2019
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18 19 20 21
17 18 19 20 21 22 23 22 23 24* 25 26 27 28
24 25 26 27 28 29 30 29 30 31*
Board of Water Commission Meeting (8 am)
Stillwater Library Board Meeting (7 pm)
Holiday - Office Closed
JANUARY FEBRUARY
MARCH APRIL
MAY JUNE
JULY AUGUST
NOVEMBER DECEMBER
SEPTEMBER OCTOBER
Chapter 38 -NUISANCES
(Ord. No. 880, § I, 9-21-99)
Subd. 2. Public nuisance. Public nuisances are any of the following:
(1) A public nuisance is a thing, act, "occupation or use of
property which shall:
a. Qisturb, injure or endanger the safety, health, comfort or
repose of the public.
b. Unlawfully interfere with, obstruct or tend to obstruct or
tend to render dangerous for passage, a lake, navigable
river, bay, stream, canal or basin or a public park, square,
street, alley or highway.
c. In any way render the public insecure in life or in the use
of property.
(2) A nuisance also means any substance, matter, emission or -
thing which creates a dangerous -or unhealthy condition or
which threatens the public peace, health, safety or sanitary
condition of the city or which is offensive or has a blighting
influence on the community and which is found upon or in any
street, "alley, highway, railroad right-of-way, vehicle, railroad
car, water, excavation, building, erection, lot, grounds or other
property located within the city. A nuisance includes:
a. Refuse, noxious substances or hazardous wastes lying,
pooled, accumulated, piled, deposited, _ buried or
discharged upon, in or flowing from any property, structure
or vehicle, except for:
1. Refuse deposited at places designated and provided
for that purpose by the city council.
2. Refuse stored in accordance with provisions of this
Code or vehicle parts stored in an enclosed structure.
3. Reasonable use of compost piles.
4. Reasonable burial of dead animals.
From USDept. Of Labor Occupational Health and Safety Administration(OSHA)...
Diesel exhaust is a mixture of gases and particulates produced during the combustion of
diesel fuel.The very small particles are known as diesel particulate matter(DPM),which
consists primarily of solid elemental carbon (EC)cores with organic carbon(CC)
compounds adhered to the surfaces.The organic carbon includes polyaromatic
hydrocarbons(PAH), some of which cause cancer when tested in animals.Workers
exposed to diesel exhaust face the risk of health effects ranging from irritation of the eyes
and nose,headaches and nausea,to respiratory disease and lung cancer.
Partial List of Chemicals Associated with Diesel Exhaust
The following list identifies chemicals commonly associated with exhaust emitted by diesel
engines. Chemical names link to the corresponding entry in OSHA's Occupational Chemical
Database.
• Major Components ,r o Polynuclear aromatic V
O Carbon dioxide - hydrocarbons
o Carbonnmonoxid - o Acenapthene
o Nitrogen dioxide o Acenaphthylene
0 Nitric oxide o ' Anthracene
O Particulates not otherwise o Benz[a)anthracene
l:Pgulated o Fienzoiblfluoranthene
a Sulfur dioxide a Benzo[k]fluoranthene
■ Minor Components } o " Benzo[ghijperylene
o Acroleir - o 8enzo[alpyrene
p Benzene[related tt_jcpage] o Benzo[e]pyrene
o Formaldehyde[related topic o Crysens.
page] a Coal tarpitch
a 4-Hydroxycoumarin volatiles Erelate took pack
O 3'-Hydroxyacetophenone a Coke oven emissions'
o 2-Hydroxy-4- o Dibenz[a,hlanthracene
methoxyacetophenone o Fluoranthene
o Menadione , o Fluorene
O 6-Methoxytetraionee ' o Indeno[1,2,3-cdjpyrene
O 6-Methylcoumarin o Naphthalene
O 3-Methyl-2-cyclopentene-2-ol o Phenanthrene
one o Pyrene
o Trimethyl4enzene_(mixed_isomers)
RESOLUTION 2018-263
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 $178,812.82 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 4th day of December, 2018.
Ted Kozlowski, Mayor
ATTEST :
Beth Wolf, City Clerk
EXHIBIT "A" TO RESOLUTION #2018-263 Page 1
LIST OF BILLS
Accela Inc ESS Annual Ma int. 1,581.10
Advance Auto Parts Equipment repair supplies 88.43
Aspen Mills Uniform -Frank 359.85
Barton Construction Services Desk repair 850.00
Becker Fire Safety Services LLC Fire extinguisher service 512.90
Boyer Trucks Equipment repair supplies 329.54
Brock White Co. LLC Siltsock 228.33
Bro-Tex Inc. Towels 121.77
Burks Tree and Landscape Care Tree Care 2,860.00
Burschville Construction Inc. Everett & Hancock main break repair 4,860.00
CDW Government Inc. HDMI cable 91.44
Century College Training 850.00
Century Link Telephone 91 .32
Century Power Equipment Equipment repair supplies 92.97
Cintas Corporation Mat cleaning service 227 .96
Compass Minerals America Inc Salt 18,151.73
Computer Integration Technologies VIR Planner Project 4,979.00
Coverall of the Twin Cities Commercial cleaning services 540.00
Daleo Janitorial supplies 250.38
Flaherty & Hood P.A Job eval -chief building official 250.00
FleetPride Equipment repair supplies 138.40
Frontier Ag & Turf Fleet repair supplies 416 .06
Fuhr Trenching Sewer line repair 3,400 .00
Gateway Cycle Bicycle maintenance 209 .97
Goodyear Commercial Tire Tires 946.56
Hoisington Koegler Group Inc Professional services 10,122 .87
Hudson Rod Gun & Archery Club Range use 1,100.00
I State Truck Center Equipment repair supplies 415.89
Iceman Industries Inc. Liquid ice melt 2,165 .00
iSpace Environments Equipment repair 280 .00
Junker Brad Reimburse for parking 5.00
Kermits Disposal of Forest Lake Demolition 30 yard box 468 .00
Kohlhaas Alex Mileage 86.07
Lexipol LLC Fire Policy Manual Update Subscription 4,161.00
Loffler Companies Server replacement 7,615.38
MailFinance Inc Postage machine lease 455.01
Mansfield Oil Company Fuel 3,741.31
Marshall Electric Company City Hall lobby conduit 1,152.00
Menards Supplies 194.91
Meredith Nathan Reimburse for food for CISM debriefing 39.45
MN Dept of Labor and Industry License renewal 100.00
National League of Cities Membership 1,533 .67
Office Depot Office supplies 132 .97
Olsen Chain & Cable Inc. Safety equipment 896.84
Pullen Annette Marie Professional services 300.00
EXHIBIT "A" TO RESOLUTION #2018-263 Page 2
Quill Corporation Office supplies 29.99
Rehn Code Consulting Services Plan review 2,660.11
SEHlnc Structural services 144.87
Simplifile LC Filing fee 250.00
Stillwater Motor Company Vehicle service 58.48
T.A. Schifsky and Sons Asphalt 474.38
The Foundation Vmware Workspace ONE Renewal 3,028.20
Titan Machinery Shakopee Equipment repair supplies 101.10
Truck Utilities Inc. Equipment repair supplies 113.91
Verizon Wireless Eng Cell 2,113.41
Waste Management Refund of Overpayment 50.00
Water Works Plumbing & Heating LLC Rec Center main water supply rebuild 1,815.00
Winnick Supply Supplies 7.15
Wold Architects and Engineers City Hall Project 1,681.10
REC CENTER
1ST Line/Leewes Ventures LLC Snacks for concessions 1,108.55
Batteries Plus Bulbs Concession supplies 203.40
Canteen Refreshment Services Coffee and supplies for Concessions 1,298.08
Cintas Corporation Mat cleaning service 51.50
Coca-Cola Distribution Concession supplies 1,664.40
Comcast TV Internet & Voice 383.72
Corval Constructors Equipment repair 711.51
Cub Foods Concession supplies 55.40
Daleo Equipment repair supplies 491.80
Holiday Credit Office Fuel 12.82
Ice Skating Institute Memberships 101.00
Loucks Associates Surveying 9,900.00
Nardini Fire Equipment Inspection 102.25
Pepsi Beverages Company Beverages for concessions 357.05
Riedell Shoes Inc. Skates 768.78
Sentry Systems Inc. Alarm monitoring 140.85
Titan Energy Systems Equipment repair supplies 363.08
United Refrigeration Inc Equipment repair supplies 67.03
United Rentals North America Scissor lift rental 616.10
LIBRARY
Brodart Co Materials 3,934.07
Cengage Learning Materials 316.68
Cintas Corporation Mat & towel cleaning service 72.24
ECM Publishers Board Vacancy Posting 28.50
Kerschbaum Renovation Painting 7,325.00
Midwest Tape Materials 4,779.46
Minitex RFID 1,197.00
Otis Elevator Company Maintenance 561.00
EXHIBIT "A" TO RESOLUTION #2018-263
Stillwater Medical Group
Toshiba Business Solutions
ADDENDUM
Babcock Matt
Becker Fire Safety Services
Board of Water Commissioners
Met Council
Telemetry and Process Controls
Verizon Wireless
Xcel Energy
Adopted by the City Council this
4th Day of December, 2018
New Hire Drug Screening
Maintenance Contract
Reimburse for work boots
Extinguisher service
Nov 2018 WAC
Nov 2018 SAC
Programming
Wireless service
Energy
10.00
118.74
158.25
230.30
3,861.00
9,840.60
5,000.00
630.42
30,431.46
TOTAL 176,812.82
Page 3
Date: December 4, 2018
TO: Mayor and Council
FROM: Beth Wolf, City Clerk
SUBJECT: Tobacco License Renewal – Fog E‐Cig
DISCUSSION:
An application for a renewal of a tobacco license has been received from Mohammad Anas
Almasameh for Fog E‐ Cig Stillwater, LLC; DBA: Fog E‐Cig to be located at 1300 Frontage
Road W (Valley Ridge Mall).
RECOMMENDATION:
Staff recommends approval contingent upon the satisfactory investigation, inspections, and
approvals from the Police, Fire, Building, and Finance Departments.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting a
resolution entitled “APPROVING 2019 RENEWAL OF TOBACCO LICENSE FOR FOG E‐CIG
STILLWATER, LLC, DBA: FOG E‐CIG” contingent upon the satisfactory investigation,
inspections, from Police, Fire, Building, and Finance Departments
RESOLUTION 2018‐269
APPROVING 2019 RENEWAL OF TOBACCO LICENSE TO
FOG E‐CIG STILLWATER, LLC, DBA: FOG E‐CIG
WHEREAS, a request has been received from Mohammad Anas Almasameh for a 2019
renewal of a tobacco license for 1300 Frontage Road W (Valley Ridge); and
WHEREAS, approval is contingent upon fulfilling all requirements to hold a Tobacco
license, the satisfactory investigation, inspections, and approvals from the Police, Fire,
Building, and Finance Departments.
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby
approves the transfer of the tobacco license for Fog E‐Cig Stillwater, LLC, DBA: Fog E‐Cig at
1300 Frontage Road W, Stillwater, MN.
Adopted by Council this 4th day of December 2018.
________________ _____________
Ted Kozlowski, Mayor
Attest:
_______________________________
Beth Wolf, City Clerk
ADOPTING THE FINAL BUDGET AND THE COMMITMENT
OF CERTAIN REVENUE SOURCES FOR THE FISCAL YEAR 2019
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the final budget
appropriations for the fiscal year 2019 are for the following funds as follows:
Fund Fund Name Amount
100 General Fund $ 13,491,043
200 Special Events Fund 72,680
202 St Croix Valley Recreation Center Fund 1,693,810
230 Library Fund 1,495,342
240 Parks Fund 1,617,923
251 Community Beautification Fund 15,000
255 Washington County Recycling Fund 35,170
285 Lodging Tax 236,197
$ 18,657,165
BE IT FURTHER RESOLVED, the following general property tax revenues for the fiscal year 2019 are
committed to the following funds:
Fund Fund Name Amount
100 General Fund $ 7,693,032
200 Special Events Fund 48,000
230 Library Fund 1,288,770
240 Parks Fund 981,623
251 Community Beautification Fund 15,000
$ 10,026,425
BE IT FURTHER RESOLVED, revenues in the form of user fees generated for the fiscal year 2019 by the
St Croix Recreation Center are hereby committed to the St Croix Valley Recreation Center Fund for
general operations and a portion of debt service.
Adopted by the Council this 4 th day of December 2018.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
ADOPTING THE FINAL TAX LEVY FOR THE YEAR 2019
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $13,800,226 is
hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for
City purposes for the payable year 2019.
FURTHER BE IT RESOLVED, that the sum of $41,500 is hearby levied against all taxable properties within
the WMO (Waste Management Organization) parcel-specific taxing district of the City of Stillwater,
Washington County, Minnesota, for City purposes for the payable year 2019.
The Levy consists of the following:
CITY-WIDE LEVY
GENERAL TAX LEVY:
DEBT SERVICE TAX LEVY:
Fund
312
324
326
327
329
328
Required Levy for 2019
G.O. Capital Outlay 2012A
G.O. Capital Outlay 2014 (Armory)
G.O. Capital Outlay 2016A
G.O. Capital Outlay 2017A
G.O. Capital Outlay 20090
G.O. Capital Outlay 201 BA
Subtotal
New Debt
G.O. Capital Outlay 2019
Total Debt Service Tax Levy
TOTAL TAX LEVY
PARCEL-SPECIFIC LEVY
WMO Levy
CANCEL LEVY
389 G.O. Sport Facility Revenue 2009C
Adopted by the Council this 4 th day of December 2018.
$10,026,425
Amount
542,380
85,000
823,830
404,006
326,668
481,864
$ 3,373,801
400,000
$ 3,773,801
$13,800,226
$41,500
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
NEW LY ElECTE QiFFIC[A l S:
2 019 LE A DE RSHIP CO N FE REN CE
·A u E O F
M IN N ESO TA
C I T I ES
THE ELECTION IS JUST AROUND THE CORNER!
Help you new mayors and
councilmembers get a good start
at the 2019 Leadership Conference
During this two-day crash course in effective
governance, newly elected officials will learn
essential leadership skills to help them do their
job well, including:
• How to be effective in their new city role
• Ins and outs of city taxes and budgets
• How to comply with the Open Meeting Law
and data practices
• And much more!
Plus, newly elected officials will create connections
with other city leaders from across the state and
meet League staff.
--0 Registration opens soon!
Find out more about this conference-and access
resources to help your newly elected officials with
good governance-at www.lmc.org/goodstart.
CONFERENCE DATES
& LOCATIONS:
Jan. 25-26
Mankato
Feb. 1-2
Plymouth
Feb. 22-23
Brainerd
216 4th Street N, Stillwater, MN 55082
651‐430‐8800
www.ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
December 4, 2018
REGULAR MEETING 4:30 P.M.
RECESSED MEETING 7:00 P.M.
4:30 P.M. AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. Stillwater Lights Event Application
2. Planning Division Work Plan for 2019‐2022
IV. STAFF REPORTS
3. Water Board Manager
4. Police Chief
5. Fire Chief
6. City Clerk
7. Community Development Dir. – Minar Neighborhood Moratorium Schedule and Scope of Work
8. Public Works Dir.
9. Finance Director
10. City Attorney
11. City Administrator
7:00 P.M. AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
12. Possible approval of the November 20, 2018 regular meeting minutes.
IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
13. Proclamation: Bob Webber – French Legion of Honor medal recipient
14. Swearing in of five (5) new fire fighters – Hunter Duncan, Joseph Forliti, Peter King, David
Martin, and Karl Sinclair
X. OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are
not a part of the meeting agenda. The Council may take action or reply at the time of the
statement or may give direction to staff regarding investigation of the concerns expressed.
Out of respect for others in attendance, please limit your comments to 5 minutes or less.
XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to
be routine by the city council and will be enacted by one motion. There will be no separate
discussion on these items unless a council member or citizen so requests, in which event, the
items will be removed from the consent agenda and considered separately.
15. Resolution 2018‐263, directing payment of bills
16. Resolution 2018‐264, approving contract for mowing, snow and ice removal and cleanup
services for 2019‐2021
17. Resolution 2018‐265, Possible approval of the second reading of Ordinance 1116, an
ordinance amending Chapter 43 regarding liquor of the Stillwater City Code (2nd Reading – Roll
Call)
18. Possible approval of the second reading of Ordinance 1117, an ordinance amending the
Stillwater City Code Sec. 31‐216, Nonconforming Use Regulations (Larson) (2nd Reading – Roll
Call)
19. Possible approval of the second reading of Ordinance 1118, an ordinance amending the
Stillwater City Code Chapter 31, entitled zoning ordinance, by amending the zoning map of the
city to rezone certain property within the AP – Agricultural Preservation District by adding
them to the RA – One Family Residential District (Nelson) (2nd reading – Roll Call)
20. Possible approval of the second reading of Ordinance 1119, an ordinance repealing Chapter
39A of the Stillwater City Code (TAF) (2nd reading – Roll Call)
21. Resolution 2018‐266, granting license to Patricia Wolf for the Operation of Multi‐person
Cycle Tours on City Streets in 2019.
22. Resolution 2018‐267, approving assessment appeal waiver agreement for PID No.
2130320430099, Jon Archer and Amy Haugen.
23. Resolution 2018‐268, approving Advance Disposal Services new solid waste, recycling
and/or roll‐off hauler license
XII. PUBLIC HEARINGS ‐ OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
XIII. UNFINISHED BUSINESS
XIV. NEW BUSINESS
24. Possible approval of purchase of unmanned aerial system for Police
25. Presentation Truth and Taxation
a. Possible adoption of resolutions for 2019 Budget & Tax Levy (2 Resolutions – Roll Call)
26. Possible approval of 2019 City Council and Boards/Commission Meeting Calendar (Resolution
– Roll Call)
XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XVI. COMMUNICATIONS/REQUESTS
XVII. COUNCIL REQUEST ITEMS
XVIII. STAFF REPORTS (CONTINUED)
XIX. ADJOURNMENT
for the lighted archway is approximately $2.60/day. If the event operates from December
10, 2018 to March 31, 2019, the electric cost is estimated to be approximately $300 (112
days x $2.60/day = $291.20). The Chamber of Commerce estimates the cost of materials for
construction of the archway and lights to be $30,000-$35,000.
RECOMMENDATIONS
The Parks Commission reviewed the event application at its meeting on Monday, November
26, 2018 and recommended approval of the event including a waiver of the event fees and
City payment of the electricity costs for the lighted archway.
City staff recommends approval of the Stillwater Lights event in Lowell Park from December
10, 2018 through March 31, 2019, including a waiver of the event fees and City payment of
the electricity costs of the lighted archway with the following conditions:
-All state and local electric and life safety codes for the lighted archway structure must be
met.
-The event organizer must meet with City staff to determine final location of the lighted
archway structure within Lowell Park.
-The event organizer is responsible for removal of the lighted archway structure by April 15,
2019.
-No buildings or other structures will be located in Lowell Park in conjunction with the event.
-If flood conditions on the St. Croix River occur during the event duration, the event organizer
will work with City staff to relocate the lighted archway as may be necessary.
-The event organizer is responsible for damages to Lowell Park infrastructure caused by
location of lighted archway structure.
-The event organizer shall maintain liability insurance for the event during and name the
City as an additional insured.
-A Stillwater Lights event agreement between Chamber of Commerce and the City must be
signed.
As the Stillwater Lights event is anticipated to assist in promoting tourism and provide
economic benefits to the Stillwater community, the City Council may wish to consider a
reasonable one-time contribution to the initial purchase cost of construction materials for
the archway and lights. If the City Council considers a one-time funding assistance for the
Stillwater Lights event, an appropriate funding source would be the Special Events or
Community Beautification fund.
ACTION REQUESTED
If City Council concurs with the Parks Commission and staff recommendations, the Council
should pass a motion to approve the Stillwater Lights Event Application with conditions and
any financial contributions. Staff will finalize provisions of an Agreement between the
Chamber of Commerce and the City of Stillwater for the Stillwater Lights Event based upon
Council approval for final review and adoption at the December 18, 2018 City Council
meeting.
Tom McCarty
From:
Sent:
To:
Subject:
Attachments:
Tom McCarty
Thursday, November 29, 2018 8:41 AM
Tom McCarty
FW: Stillwater Lights
UGHTS .pdf
From: Robin Anthony [mailto:director@greaterstillwaterchamber.com ]
Sent: Wednesday, November 28, 2018 3:33 PM
To: Beth Wolf <bwolf@ci.stillwater.mn.us>
Subject: FW : Stillwater Lights
Here is a high level cost for material. Lights would be an additional 10-lSK. We are not asking for the city to pay the
entire cost, but some. Businesses would have to provide sponsorships as well.
Hope that helps. Robin
1
<!)NEILL
ELECTRIC INC
Ph: 6 5 1-342-09 0 6 I a shley@o nei ll electricm n.co m
Customer: Robbi n
Robbin
Address:
Contact:
Phone:
Email:
JOB ITEMS
Material only for arches
• 1-1 /4" EMT x 7,000'/ $1 2,962 .00
• 1-1/4" couplings x 450/ $570 .00
• 1 foot by 1 foot steel plate x 74/ $2250 .00
• 4" carriage bolts x 300/ $400.00
• wing nuts x 300 /$300.00
• washers x 600 / $100.00
Material only for power
• 8 W/R GFI
• 8 W/R receptacles
• 8-2 gang red dot
• 8-2 gang in use covers
• 4 receptacle stands
• 16 receptacle splitters.
• 1000' of 10/4 S.O. cord
TERMS & CONDITIONS
Job Name: Stillwate r lights
Jobsite Address :
TOTAL
ESTI fVl /.\TE
1 1/20/2018
SID#: 1811041
Prepared By: Dan O'Ne ill
$16,582.00
$2,450.00
$19,032.00
Quote is valid for (90) days from above date. Once accepted, payment is due within 30 days of
completion of work. Check, Credit Card (2.75% fee) and Cash accepted.
Acceptance of Proposal: The above price, specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as specified . Payment will be made as listed
above.
powered by @
200 Chestnut St E, #204
Stillwater, MN 55082
651‐439‐4001
www.GreaterStillwaterChamber.com
Bridging Business & Community
November 20, 2018
Stillwater City Council
City of Stillwater
216 North 4th Street
Stillwater MN 55082
Dear Council Members:
With the absence of the Ice Castles this year, several businesses are concerned about revenue loss and
are exploring ways to manage that challenge during the upcoming winter months. A few businesses
have come together and are making‐an‐effort to implement a light attraction which we are currently
calling, Stillwater Lights. The group is seeking permission to build a metal tunnel complete with LED
lights on display in Lowell Park. This attraction would add a beautiful background for pictures and fun for
families to walk through. This could be the first phase of a much larger attraction in the future if it is
successful. The Chamber’s role in this project is to assist with the coordination for the businesses.
Considerations for the City of Stillwater
1. Approval of the concept and event application
2. Park and electric fees waived
3. City funding to assist with the purchase of the products needed to build
4. City support and marketing of the project
Thank you for your consideration.
Robin Anthony
Executive Director
cc: Mr. Tom McCarty, City Administrator
Ms. Beth Wolf, City Clerk
Chuck Dougherty, Water Street Inn
John Koch, Portside
Sandy Nichols, JaguarBlu
Brad Glynn, Lift Bridge
Frank Fabio, Maple Island
Jaisa Riemenschneider, St. Croix Marketing
Andrew Riemenschneider, AMEC Home Loans
Larry Lorenzo‐Loyer, Rivertown Inn
Dan O'Neill, O'Neill Electric
Ashley O'Neill, O'Neill Electric
Christie Rosckes, Discover Stillwater
Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents,
fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk,
please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route
direction with arrows.
Event Features
Will .any signs/banners be put up No [&I Yes D Number and size:
Will there be any inflatables? No I&] Yes D Insurance certificate /ram rental vendor is required
Will there be entertainment? No [&I Yes D What type: Fees far electricity may
apply see Instructions
Will sound amplification be used? No I&) Yes D Hours and Type:
Will a stage or tent(s) be set up? No [81 Yes D Dimensions:
Will there be temporary fencing? No I&] Yes D
Will merchandise/food items be sold? No jg] Yes D How many Fees for electricity may
vendors expected: apply see Instructions
Will food be prepared on site? No I&] Yes D Contact Wash ington County Health Department, 651-430-6655
Will cooking operations be conducted? No jg] Yes D Contact Stillwater Fire Department, 351-4950
Will alcohol be served but not sold? No I&] Yes D See Alcohol Regulations in the Instructions
Will alcohol be sold? No [ZI Yes D See Alcohol Regulations in the Instructions
Will there be a fireworks display? No I&) Yes D Permit required, contact Stillwater Fire Department, 651-351-4950
Describe power needs and location of power source.
Lot 9 and Lot 5
Describe level of advertisement (le, radio, flyers , ads , tv, press release). Attach sample if available
Press Release , Social Media, possible ads
City Services (After reviewing the event application, City services may be requried for the event.)
Will event use, close or block any of the following: If yes specify location on site map .
City Streets or Right-of-way No [&I Yes D Start/End Time: Date :
City Sidewalks or Trails No [&I Yes D Start/End Time: Date:
Public Parking Lots or Spaces No [81 Yes D Start/End Time: Date:
Will event need barricade(s)? No I&] Yes D Number needed: Fees may apply
see Instructions
Will extra picnic tables be needed? No [81 Yes D Number needed :
Fees may apply
see lnstructi ns
DATE: November 29, 2018
TO: Mayor and Council Members
SUBJECT: Planning division work plan
FROM: Bill Turnblad, Community Development Director
INTRODUCTION
The planning division of the community development department will be involved in a
wide spectrum of projects in the next several years. The public works department will
take lead on some of the projects, and the planning division will take lead on others. The
project list includes some that are approved and funded, some that are in the Capital
Improvement Plan but not funded, some that are mandated by the state, some that have
been requested by the City Council, some from the 2008 Comprehensive Plan, some that
would require additional staff if implemented, some from approved park plans, some that
have been identified by the Planning Division.
To manage resources necessary to accomplish the list of projects, a draft four year work
plan has been developed. The timeline for a few of the projects is set by the state, other
entities, or funding sources. For these projects there is not much flexibility in the schedule.
However, for most of the projects, timing is flexible. Therefore, it is expected that the
attached draft work plan will be revised, likely several times, before it is used to assign
work to the planning staff.
COMMENTS
Like the City’s Capital Improvement Plan, a number of the projects in this work plan are
not yet funded. So, like the CIP, this work plan serves in part like a guide. While it would
be great to complete each project in the year that it is listed, that probably will not happen.
But, simply by being on the work list, the projects will not be forgotten.
Project scopes have not been established yet, so the time resources shown in the draft plan
are only estimates. As each project is considered for approval in an operating or capital
budget in the next year, the scope will be defined and the actual cost in time will become
clearer.
Since the 2040 Comprehensive Plan is still in the process of being reviewed, its projects are
not included in the work plan yet. Only the state mandated zoning code update is
Planning Division work plan
November 29, 2018
Page 2
included. And the Chestnut Street Plaza is included because $2 million in State funding is
available for the project.
A summary of the higher profile projects by year:
2019 – Sign ordinance amendment; adoption of 2040 Comp Plan; develop GreenStep Cities
work plan; create new development ordinance(s) for the Minar Neighborhood;
design the riverwalk and shoreline restoration south of Nelson Street; develop a
master park plan for the Aiple property; construct park improvements for the
former Palmer property (2019-20)
2020 – Design Chestnut Street Plaza; construct riverwalk and shoreline restoration;
construct park improvements for former Aiple property; create remodeling plans
for Bergstein buildings; consider creation of housing maintenance and rental
property ordinances
2021 – Construct Chestnut Street Plaza; design improvements in Bridgeview Park; design
pedestrian improvements for Commercial Street between 2nd Street and Main Street
REQUESTED ACTION
The goal at the December 4, 2018 work session is for the Council to discuss the draft work
plan and give direction for revisions.
bt
Attachments: 2019-22 Work Plan
Planning Department Work Plan
2019-2022
Project Resources Project Resources Project Resources Project Resources
1. Improve economic development web
presence
CDD's time (5-10 hrs)1. Chestnut Street plaza and Main St
design (CDD L, w CP)
CDD's time (40-60 hrs) + CP's time
(30-40 hrs) + design consultant (50%
MnDOT funding; $70K City unfunded)
1. Chestnut Plaza and Main Street
improvements (CDD L, w CP)
CDD's time (40-60 hrs) + CP's time
(40-60 hrs) + PW's time +
construction manager (in 2021 CIP; $2
million available from MnDOT)
1. Parking ramp construction on 2nd between Olive
and Chestnut
CDD's time (100-120 hrs) +
construction manager (In 2022 CIP,
but unfunded)
2. Escrow tracking system CDD's time (20-25 hrs)2. Update city code + zoning map for
consistency w Comp Plan (2019-20)
CDD's time (60-80 hrs)2. Design of parking ramp on 2nd
between Olive and Chestnut
CDD's time (60-80 hrs)+ design
consultants (in 2022 CIP, but
unfunded)
2. Commercial Street pedestrian improvements CDD's time (50-80 hrs) + PW's time +
construction manager (In 2022 CIP,
but unfunded)
3. Sign ordinance amendment CDD's time (35-45 hrs)3. Housing maintenance ordinance (CDD
L, w ZA)
CDD's time (20-25 hrs) + ZA's time
(45-50 hrs)(additional staff for
administration of ordinance not funded)
3. Bridgeview Park design CDD's time (30-50 hrs) + design
consultants (in 2022 CIP, but
unfunded)
3. Bridgeview Park improvements (with Public
Works)
CDD's time (30-50 hrs) + PW's time +
construction manager ($4 million in
2022 CIP, but unfunded)
4. MnDOT license for use of Chestnut
St
CDD's time (10-15 hrs)4. Rental ordinance (CDD L, w ZA) CDD's time (20-25 hrs) + ZA's time
(45-50 hrs)(additional staff for
administration of ordinance not funded)
5. Formalize complaint procedures (ZA
L)
CDD's time (15-20 hrs) + ZA's time
(30-40 hrs) + PD time
5. Riverwalk construction monitoring
(2019-20, Public Works L)
CDD's time (10-15 hrs) + PW time +
construction manager (50% state bond;
50% TIF)
6. Update zoning code + zoning map for
consistency w Comp Plan (2019-20)
CDD's time (50-70 hrs)
7. Riverwalk design & construction asst
(2019-20, Public Works L)
CDD's time (10-20 hrs) + City
engineer's time + construction
manager (50% state bond; 50% TIF)
8. 2040 Comprehensive Plan (2017-19) CDD's time (20-40 hrs) + consultant
time (funded)
9. Downtown parking capacity study (w
ZA)
CDD's time (10-15 hrs) + ZA's time
(15-20 hrs) + consultant time
(funding: parking enterprise fund)
10. Expand municipal lot 16, asst
(Public Works L)
CDD's time (10-15 hrs) + PW's time
(2019 CIP, parking entpr fund)
11. GreenStep Cities Program: develop
2019-21 work plan (ZA L)
CDD's time (10-20 hrs) + ZA's time
(30-40) + Sustainable Stillwater
1. Update planning case database (more
user friendly search options)
CP's time (5-10 hrs) + programming
consultant (unfunded)
1. Bergstein building design and
remodeling (2020-21, CP L w ZA)
CP's time (20-35 hrs) + ZA's time (10-
15 hrs) + construction manager (In
2020 CIP, but unfunded)
1. Bergstein building design and
remodeling (2020-21, CP L w ZA)
CP's time (40-60 hrs) + ZA's time (20-
30 hrs) + construction manager (In
2020 CIP, but unfunded)
1. Lowell Park/Sam Bloomer design CP's time (30-40 hrs) + consultant
(unfunded)
2. Minar Neighborhood ordinance
amendments (2018-19)
CP's time (30-40 hrs)2. Chestnut St plaza & Main St design
(CDD L)
CDD's time (40-60 hrs) + CP's time
(30-40 hrs) + design consultant (50%
MnDOT funding; $70K City unfunded)
2. Chestnut Plaza and Main Street
improvements (CDD L)
CP's time (40-60 hrs) + CDD's time
(40-60 hrs) + PW's time +
construction manager (in 2021 CIP; $2
million available from MnDOT)
2. South Main Archaeological Preservation &
Interpretation Plan
CP's time (15-20 hrs) + consultant
(unfunded)
3. Business plan for Bergstein bldgs. CP's time (30-40 hrs) + consultant
($15K budgeted)
3. Consolidate historic preservation
design standards
CP's time (40-50 hrs)3. Commercial street pedestrian
improvements design
CP's time (40-60 hrs) + design
consultants (unfunded)
3. Teddy Bear Park Barn – Historic structure report CP's time (15-20 hrs) + consultant
(unfunded)
4. Hwy 95 south entrance monument
design
CP's time (25-30 hrs) + design
consultant (in CIP 2019, but
unfunded)
4. Host 2020 State Historic Pres
Conference
CP's time (40-60 hrs)+ HPC time 4. Update Heirloom Homes website CP's time (30-40 hrs) + consultant
(unfunded)
5. Update HPC enabling ordinance
(2018-19)
CP's time 5. Assess and repair Sunken Garden CP's time (20-30 hrs)+ design
consultant + construction manager
(unfunded)
5. Aiple property park development (w
Public Works) (2020-21)
CP's time (40-60 hrs) + PW's time +
construction manager (with Public
Works)(In 2020 CIP, but unfunded)
6. Hersey Bean wall stabilization CP's time (15-20 hrs) + consultant
(unfunded)
6. Palmer Park improvements (Public
Works L)
CP's time (15-20 hrs) + PW's time +
contractors ($75K in 2020 CIP)
7. Aiple property master park plan CP's time (40-60 hrs) + consultant
time ($35K budgeted - CD prof
services + park dedication funds?)
7. Aiple property park development (2020-
21)
CP's time (30-60 hrs) + PW's time +
construction manager (In 2020 CIP, but
unfunded)
8. Lowell Park Pavilion - historic
structure report
CP's time (15-20 hrs) + consultant
(unfunded)
8. Hwy 95 south entrance monument
construction (CP L w ZA)
CP's time (10-15 hrs) + ZA's time (10-
15 hrs) + construction management?
(in CIP 2019, but unfunded)
9. Palmer Park improvements (Public
Works L)
CP's time (10-15 hrs) + contractors
($50K in 2019 CIP)
10. Stormwater ordinance amendment
(2018-19)
CP's time (20-30 hrs)
2022
Community
Development
Director
2019
City Planner
2020 2021
November 28, 2018
Planning Department Work Plan
2019-2022
1. Create tracking system for land use
enforcement
ZA's time (20-15 hrs)1. Bergstein building design and
remodeling (2020-21, CP L)
CP's time (20-35 hrs) + ZA's time (10-
15 hrs) + construction manager (In
2020 CIP, but unfunded)
1. Bergstein building design and
remodeling (2020-21, CP L)
CP's time (40-60 hrs) + ZA's time (20-
30 hrs) + construction manager (In
2020 CIP, but unfunded)
1. GreenStep Cities Program ZA's time + Sustainable Stillwater
2. Formalize complaint procedures
(2018-19, ZA L w CDD)
ZA's time (30-40 hrs) + CDD's time
(15-20 hrs) + PD's time
2. GreenStep Cities Program ZA's time + Sustainable Stillwater 2. GreenStep Cities Program ZA's time + Sustainable Stillwater
3. Aiple property vegetation
management plan
ZA's time (15-20 hrs) + consultant
(underfunded: $7.5K budgeted;
$17.5K estimated need - BCWD
possible funding source)
3. Housing maintenance ordinance (CDD
L)
CDD's time (20-25 hrs) + ZA's time
(45-50 hrs)(additional staff for
administration of ordinance not funded)
4. GreenStep Cities Program: Develop
2019-21 Work Plan (ZA L, w CDD)
ZA's time (30-40 hrs) + CDD's time
(10-20 hrs) + Sustainable Stillwater
4. Rental ordinance (CDD L)CDD's time (22-258 hrs) + ZA's time
(45-50 hrs)(additional staff for
administration of ordinance not funded)
5. Downtown parking capacity study
(2018-19, CDD L)
ZA's time (15-20 hrs) + CDD's time
(10-15 hrs) + consultant time
(funding: parking enterprise fund)
5. Hwy 95 south entrance monument
construction (CP L)
CP's time (10-15 hrs) + ZA's time (10-
15 hrs) + construction management?
(in CIP 2019, but unfunded)
6. Private event tracker system (ZA L, w
AA)
ZA's time (5-10 hrs) + AA's time (5-
10 hrs)
7. Short Term Home Rental ordinance
revisions (ZA L, w AA)
ZA's time (10-15 hrs) + AA's time (5
hrs)
1. Private event tracker system (ZA L) ZA's time (5-10 hrs) + AA's time (5-
10 hrs)
1. Old file management AA's time
2. Laserfiche links to sign and misc
permits
AA's time (60-70 hrs)2. Digitize remainder of Architecture
Inventory Records and Rivertown
Restoration files
AA's time (80-100 hrs)
3. Digitize CPC and HPC packets AA's time (40-50 hrs)
4. Old file management AA's time
5. Short Term Home Rental ordinance
revisions (ZA L)
ZA's time (10-15 hrs) + AA's time (5
hrs)
Notes:
1. This work plan does not generally include work from the 2040 Comp Plan yet. Exceptions are the mandated update of City Code and zoning map within 9 monts of Comp Plan adoption, and the Chestnut Street plaza
2. Project scopes and time allotments are rough estimates. More detailed project scopes will be necessary.
3. CDD = Community Development Director; CP = City Planner; ZA = Zoning Administrator; AA = Administrative Assistant; L = leads the project team; PD = Police Department; PW = Public Works
Zoning
Administrator
Administrative
Assistant
November 28, 2018
COMMUNITY DEVELOPMENT DEPARTMENT STAFF MEMO
MEETING DATES: December 4, 2018: City Council
December 12, 20018: Planning Commission
TO: Mayor Kozlowksi and City Council members
Chairman Collins and Planning Commission members
FROM: Abbi Jo Wittman, City Planner
Bill Turnblad, Community Development Director
REGARDING: Minar Neighborhood Moratorium Proposed Schedule and Scope of Work
BACKGROUND
As part of the 2040 Comprehensive Plan update process, the City had to look at how it guides
development in the areas annexed into the City in 2015. Assessing the development potential of
the established Minar Neighborhood, preliminary engineering assessment determined the cost
of extending urban services (sewer and water) to the properties would not be financially
feasible for the City. While there is an option for the City to install the services (at a cost of
close to $3,000,000) and the City assess the property owners, 73.5% of the property owners
surveyed in the neighborhood indicated they are not favorable to being able to split their lot.
With some interest for the potential of higher density development in this neighborhood, but no
urban services, the City Council enacted a moratorium (CPC Case No. 2018-53) on
developments in the Minar neighborhood. The moratorium was effective October 5, 2018; the
moratorium gives the City one year to determine what type land use is most appropriate in this
neighborhood.
Minar Neighborhood Moratorium Proposed Schedule and Scope of Work, page 2 of 3
To the date of memo development, the draft 2040 Comprehensive Plan guides this
neighborhood as Rural Residential as the Metropolitan Council has indicated the City of
Stillwater may allow for the large-lot, single family residential neighborhood to be guided for
low-density (1-4.4 units per acre) residential development. However, the City does not have a
corresponding zoning district for the Rural Residential classification; in other words, there are no
standards or specifications for what type of development and uses are appropriate in Rural
Residential areas. Throughout moratorium discussions, two alternatives were presented:
continue to keep all properties as 2.5 acre parcels or to allow for one-acre lot splits. Community
Development Department staff is beginning the process of defining alternatives for what this
Rural Residential neighborhood will look like in the future. While this is anticipated to occur
through April, 2019, the leg work for zoning district creation will occur between now and
February, 2018.
ORDINANCE DEVELOPMENT SCOPE OF WORK
The tentative Ordinance Development scope of work and schedule is, as follows:
Timeline Task Action/Outcome
December, 2018 Consult with interested agencies
and organizations (BCWD,
Stillwater Township Board, and
WA County Public Health)
Conduct Adjacent Community
Research
Discuss concerns with alternative
scenarios
Identify and cross-compare uses and
standards for Afton, Bayport, Grant,
Lake Elmo, Oak Park Heights, and
Baytown, May, Stillwater, and West
Lakeland Townships
January, 2019 Host Resident Input Listening
Session
Present research findings to residents.
Gauge resident sentiment of lot splits.
Determine standards and uses most
desirable by residents
February, 2019 Draft Rural Residential zoning
district standards and uses
Host Resident Input Listening
Session
Finalize draft set of massing and
setback standards, as well as allowable
uses
Gain feedback on draft Rural
Residential zoning district
March, 2019
Begin Zoning Text Amendment
Proceedings
March 20th: Planning Commission
Public Hearing
April, 2019 Finalize Zoning Text
Amendment
Finalize the draft
Comprehensive Plan with the
Rural Residential future land use
classification
April 16th: City Council Public Hearing
The City will update the
Comprehensive Plan to reflect detail of
the Rural Residential zoning district.
Minar Neighborhood Moratorium Proposed Schedule and Scope of Work, page 3 of 3
POST-ORDINANCE DEVELOPMENT WORK
Submittal of the 2040 Comprehensive Plan to the Metropolitan Council is slated for May, 2019.
Prior to the City Council’s October 1, 2019, meeting, the City will have had to rezone the
properties in accordance with the City’s zoning code and comprehensive plan. It is anticipated
the rezoning will follow the attached schedule:
August, 2019: Planning Commission Public Hearing
August/September: Joint Board Meeting
September, 2019: Council Public Hearing
ELECTED AND APPOINTED OFFICIAL INPUT
Staff is seeking input from members of the Stillwater City Council and Planning Commission
prior to the Ordinance Development phase.
216 4th Street N, Stillwater, MN 55082
651‐430‐8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
November 20, 2018
REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:06 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner
Absent: Councilmember Polehna
Staff present: City Administrator McCarty
City Attorney Nason
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
City Clerk Ward
City Clerk Wolf
Mayor Kozlowski noted this is City Clerk Ward’s last City Council meeting after 22 years.
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible approval of the October 16, 2018 closed session minutes and the November 13, 2018 regular
and recessed meeting minutes
Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the minutes of
the October 16, 2018 closed session and the November 13, 2018 regular and recessed meeting.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Resolution 2018‐250, Certificate of Appreciation Retirement – Diane Ward, City Clerk
Mayor Kozlowski presented a Certificate of Appreciation commending Diane Ward for her
dedication in serving the City and citizens of Stillwater faithfully, efficiently, ethically and
courteously for 22½ years. He enumerated Ms. Ward’s skills, thanked her for running the
elections so smoothly, and expressed great appreciation for all her contributions to city
government.
Ms. Ward shared her perspective of working in municipal government for 37 years with 22½
years being at Stillwater. She expressed that she will always be thankful for the opportunities, the
City Council Meeting November 20, 2018
Page 2 of 4
coworkers and friends, election judges, residents and business owners that she has had the
pleasure to work with.
Councilmember Polehna called in from Montana on speaker phone to express his appreciation for
everything Ms. Ward has done for the Council and the City. City Councilmembers voiced their
esteem and gratitude.
Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2018-
250, Certificate of Appreciation to Diane F. Ward.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
OPEN FORUM
There were no public comments.
STAFF REPORTS
City Administrator McCarty reminded the Council of a reception in City Clerk Ward’s honor
November 30 at City Hall; the Truth in Taxation meeting December 4; and the League of
Minnesota Cities and Metro Cities regional meeting November 29 in Brooklyn Center. He
informed the Council that the new contract option for retiree health insurance, known as Senior
Gold, was well received at a meeting of retirees. He also advised that some of the tall light
standards Downtown will be cut off at 6 feet high by Xcel Energy in preparation for their removal
due to deterioration. City staff will work through alternatives with Xcel Energy.
CONSENT AGENDA
Resolution 2018‐251, Directing the Payment of Bills
Resolution 2018‐252, approving Renewals of On‐Sale, Off‐Sale, Club, Wine, Wine With
Strong Beer, Sunday On‐Sale, On‐Sale 3.2%, Off‐Sale 3.2%, Micro Brewer Off‐Sale, Micro
Brewer Tap Room, Micro Brewer Tap Room Sunday Liquor Licenses And Tobacco
Licenses For 2019
Resolution 2018‐253, resolution designating polling locations within the City of Stillwater,
Minnesota for 2019
Resolution 2018‐254, renewal for Towing License for 2019
Resolution 2018‐255, approving new solid waste, recycling and/or roll‐off hauler licenses
Resolution 2018‐256, adopting delinquent sewer charges Project No. 0001
Resolution 2018‐257, adopting delinquent solid waste bill charges Project No. 0002
Resolution 2018‐258, approval of 2019 medical and dental insurance rates
Resolution 2018‐259, approving application to conduct off‐site gambling American Legion
Post 48
Resolution 2018‐260, approving the Officer/Partner change for the Ziggy’s LLC, dba: Ziggy’s
for the On‐Sale & Sunday Liquor Licenses
Resolution 2018‐261, approving Nationwide Retirement Solutions (NRS) 457(b) plan change in
the guaranteed minimum interest rate in the fixed annuity contract effective January 1, 2019
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt the Consent
Agenda.
City Council Meeting November 20, 2018
Page 3 of 4
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Possible approval of resolution appointing new Finance Director
City Administrator McCarty reported that following a recruitment and interview process, staff
recommends the appointment of Sharon Provos as Finance Director effective December 20, 2018.
He stated Ms. Provos has been the Finance Director for Little Canada, Minnesota for the past six
years and has 20+ years of experience in municipal finance.
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution
2018-262, approving the appointment of Sharon Provos as the Finance Director for the City of
Stillwater effective December 20, 2018.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
COMMUNICATIONS/REQUESTS
There were no communications/requests.
COUNCIL REQUEST ITEMS
There were no Council request items.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn.
Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski
Nays: None
The meeting was adjourned at 7:30 p.m.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
City Council Meeting November 20, 2018
Page 4 of 4
Resolution 2018-250, Certificate of Appreciation to Diane F. Ward upon her retirement
effective November 30, 2018
Resolution 2018‐251, Directing the Payment of Bills
Resolution 2018‐252, approving Renewals of On‐Sale, Off‐Sale, Club, Wine, Wine With
Strong Beer, Sunday On‐Sale, On‐Sale 3.2%, Off‐Sale 3.2%, Micro Brewer Off‐Sale, Micro
Brewer Tap Room, Micro Brewer Tap Room Sunday Liquor Licenses And Tobacco
Licenses For 2019
Resolution 2018‐253, resolution designating polling locations within the City of Stillwater,
Minnesota for 2019
Resolution 2018‐254, renewal for Towing License for 2019
Resolution 2018‐255, approving new solid waste, recycling and/or roll‐off hauler licenses
Resolution 2018‐256, adopting delinquent sewer charges Project No. 0001
Resolution 2018‐257, adopting delinquent solid waste bill charges Project No. 0002
Resolution 2018‐258, approval of 2019 medical and dental insurance rates
Resolution 2018‐259, approving application to conduct off‐site gambling American Legion
Post 48
Resolution 2018‐260, approving the Officer/Partner change for the Ziggy’s LLC, dba: Ziggy’s
for the On‐Sale & Sunday Liquor Licenses
Resolution 2018‐261, approving Nationwide Retirement Solutions (NRS) 457(b) plan change in
the guaranteed minimum interest rate in the fixed annuity contract effective January 1, 2019
Resolution 2018-262, approving the appointment of Sharon Provos as the Finance Director for
the City of Stillwater effective December 20, 2018
FOR IMMEDIATE RELEASE
Contact: Jim Wright: 651 430 1166
Bruce Webber: 561 374 2282
Local Resident, Bob Webber, WWII Paratrooper to be decorated by the
French Consul General with the French Legion of Honor
Stillwater resident, Bob Webber, 95, will be decorated with the French Legion of Honor medal in a
ceremony on November 28, 2018 to be held at the VWF Post 323, Heights Hall & Club, 5880 Omaha
Avenue North in Stillwater, MN. The ceremony will begin at approximately 12 :00 noon.
The Consul General of France, Guillaume Lacroix, will travel from the French Consulate in Chicago
for the prestigious pinning ceremony.
Bob Webber, served during World War II with the American 517th Parachute Infantry Regiment,
paratroopers. Mr. Webber was among the paratroopers from the 517th paratrooper regiment to drop
into Southern France behind German lines. He parachuted near Le Muy, France on August 15th, 1944
at approximately 4:30 AM. with Operation Dragoon as part of the Allied invasion of Southern France.
Mr. Webber will be among the few of World War II veterans to receive the French Legion of Honor,
France's highest military award which is comparable to the U.S. Medal of Honor.
The Legion of Honor is the highest national decoration of France, and is the highest distinction that
can be conferred in France on a French citizen or foreigner. It was created to reward eminent military
and civil merits in the service of France. The honor was founded in 1802 by Napoleon Bonaparte.
###
EXHIBIT "A" TO RESOLUTION #2018-263 Page 1
LIST OF BILLS
Accela Inc ESS Annual Maint. 1,581.10
Advance Auto Parts Equipment repair supplies 88.43
Aspen Mills Uniform -Frank 359.85
Barton Construction Services Desk repair 850.00
Becker Fire Safety Services LLC Fire extinguisher service 512.90
Boyer Trucks Equipment repair supplies 329.54
Brock White Co. LLC Siltsock 228.33
Bro-Tex Inc. Towels 121.77
Burks Tree and Landscape Care Tree Care 2,860.00
Burschville Construction Inc. Everett & Hancock main break repair 4,860.00
CDW Government Inc. HDMI cable 91.44
Century College Training 850.00
Century Link Telephone 91.32
Century Power Equipment Equipment repair supplies 92.97
Cintas Corporation Mat cleaning service 227.96
Compass Minerals America Inc Salt 18,151.73
Computer Integration Technologies VIR Planner Project 4,979.00
Coverall of the Twin Cities Commercial cleaning services 540.00
Daleo Janitorial supplies 250.38
Flaherty & Hood P.A Job eval -chief building official 250.00
FleetPride Equipment repair supplies 138.40
Frontier Ag & Turf Fleet repair supplies 416.06
Fuhr Trenching Sewer line repair 3,400.00
Gateway Cycle Bicycle maintenance 209.97
Goodyear Commercial Tire Tires 946.56
Hoisington Koegler Group Inc Professional services 10,122.87
Hudson Rod Gun & Archery Club Range use 1,100.00
I State Truck Center Equipment repair supplies 415.89
Iceman Industries Inc. Liquid ice melt 2,165.00
iSpace Environments Equipment repair 280.00
Junker Brad Reimburse for parking 5.00
Kermits Disposal of Forest Lake Demolition 30 yard box 468.00
Kohlhaas Alex Mileage 86.07
Lexipol LLC Fire Policy Manual Update Subscription 4,161.00
Loffler Companies Server replacement 7,615.38
MailFinance Inc Postage machine lease 455.01
Mansfield Oil Company Fuel 3,741.31
Marshall Electric Company City Hall lobby conduit 1,152.00
Menards Supplies 194.91
Meredith Nathan Reimburse for food for CISM debriefing 39.45
MN Dept of Labor and Industry License renewal 100.00
MN Pollution Control Agency Certification 45.00
National League of Cities Membership 1,533.67
Office Depot Office supplies 132.97
Olsen Chain & Cable Inc. Safety equipment 896.84
EXHIBIT "A" TO RESOLUTION #2018-263 Page 2
Pullen Annette Marie Professional services 300.00
Quill Corporation Office supplies 29.99
Rehn Code Consulting Services Plan review 2,660.11
SEHlnc Structural services 144.87
Simplifile LC Filing fee 250.00
Stillwater Motor Company Vehicle service 58.48
T.A. Schifsky and Sons Asphalt 474.38
The Foundation Vmware WorkSpace ONE Renewal 3,028 .20
Titan Machinery Shakopee Equipment repair supplies 101.10
Truck Utilities Inc. Equipment repair supplies 113.91
Verizon Wireless Eng Cell 2,113.41
Waste Management Refund of Overpayment 50 .00
Water Works Plumbing & Heating LLC Rec Center main water supply rebuild 1,815.00
Winnick Supply Supplies 7 .15
Wold Architects and Engineers City Hall Project 1,681.10
REC CENTER
1ST Line/Leewes Ventures LLC Snacks for concessions 1,108.55
Batteries Plus Bulbs Concession supplies 203.40
Canteen Refreshment Services Coffee and supplies for Concessions 1,298.08
Cintas Corporation Mat cleaning service 51.50
Coca-Cola Distribution Concession supplies 1,664.40
Comcast TV Internet & Voice 383.72
Corval Constructors Equipment repair 711.51
Cub Foods Concession supplies 55.40
Daleo Equipment repair supplies 491.80
Holiday Credit Office Fuel 12.82
Ice Skating Institute Memberships 101.00
Loucks Associates Surveying 9,900.00
Nardini Fire Equipment Inspection 102.25
Pepsi Beverages Company Beverages for concessions 357.05
Riedell Shoes Inc. Skates 768.78
Sentry Systems Inc. Alarm monitoring 140.85
Titan Energy Systems Equipment repair supplies 363.08
United Refrigeration Inc Equipment repair supplies 67.03
United Rentals North America Scissor lift rental 616.10
EXHIBIT "A" TO RESOLUTION #2018-263 Page 3
LIBRARY
Brodart Co Materials 3,934.07
Cengage Learning Materials 316.68
Cintas Corporation Mat & towel cleaning service 72.24
ECM Publishers Board Vacancy Posting 28.50
Kerschbaum Renovation Painting 7,325 .00
Midwest Tape Materials 4,779.46
Minitex RFID 1,197.00
Otis Elevator Company Maintenance 561.00
Stillwater Medical Group New Hire Drug Screening 10.00
Toshiba Business Solutions Maintenance Contract 118 .74
CITY COUNCIL
MEETING DATE: December 4, 2018
REGARDING: 2019-2021 Service Contract for Mowing, Snow and Ice Removal and
Clean Up Services
PREPARED BY: Abbi Jo Wittman, City Planner
The City’s 2018 Annual Contract for Mowing, Snow and Ice Removal and Clean Up
Services with MSP Outdoor Services (MSP) is set to expire on December 31, 2018. MSP
is willing to hold their pricing schedule for the next three years. Given the reputation of
MSP as well as their past relationship with the City, staff recommends entering into
contract with MSP Outdoor Services. A contract has been prepared as well as a Resolution
of Approval.
REQUESTED ACTION
Staff requests the Council to approve the attached resolution, entering into contract
with MSP Outdoor Services for all 2019-2021 Mowing, Snow and Ice Removal and
Clean Up Services.
ATTACHED
Draft Resolution
Contract for Services
Contract Scope of Work
A RESOLUTION AUTHORIZING A CONTRACT FOR MOWING, SNOW AND
ICE REMOVAL AND CLEAN UP SERVICES, 2019-2021
WHEREAS, in 2017 the City entered into a Contract for Services with MSP Outdoor
Services to perform mowing, snow and ice removal and cleanup of private properties on
an as-needed basis; and
WHEREAS, the City has determined MSP Outdoor Services is responsible and qualified
to continue to perform these services.
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
MSP Outdoor Services in the name of the City of Stillwater for Mowing, Snow and Ice
Removal and Clean Up Services, 2019-2021, on file in the office of the City Clerk.
Adopted by the City Council of the City of Stillwater this 4th day of December 2018.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
RESOLUTION 2018-266
STANDARD CONTRACT AGREEMENT
THIS AGREEMENT, is made this _______ day of _______________, 2018 by and
between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City")
and MSP Outdoor Services (hereinafter called "Contractor").
1. The Work. The Contractor agrees to perform work according to Scope Work, attached
as Exhibit A. All work will be done in a workman-like manner and materials will be fit
for the purpose.
2. Payment. This work, including all labor, materials and equipment needed to accomplish
the 2019-2021 Contract for Mowing, Snow and Ice Removal and Clean Up Services shall
be completed by the Contractor for the unit prices shown on the Fee Schedule outlined in
Exhibit A and be paid to the Contractor upon satisfactory completion and acceptance.
3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of
the Contractor. The Contractor does expressly forever release the City of Stillwater from
any claims, demands, injuries, damage actions or caused of action whatsoever, arising out
of or connected with the work according to the General Requirements, General
Conditions, and Specifications for the project.
4. Indemnification. Any and all claims that arise or may arise against the Contractor, its
agents, servants or employees, as a consequence of any action or omission on the part of
the Contractor while engaged in the performance of this work shall in no way be the
obligation or responsibility of the City. The Contractor shall indemnify, hold harmless
and defend the city, its officers and employees, against any and all liability, loss cost
damages, expenses, claims or actions, including attorneys fee which the City, its officers
or employees may hereinafter sustain, incur or be required to pay, arising out of or by any
reason of any act or omission of the Contractor, its agents, servants or employees in the
execution, performance or failure to adequately perform their obligations under this
contract.
5. Insurance. Contractor agrees that in order to protect itself and the City under indemnity
provisions set forth above, it will at all times during the term of this contract, keep in
force policies of insurance as indicated in this contract. The Contractor shall not
commence work until a Certificate of Insurance covering all of the insurance required by
these specifications is approved.
The insurance protection will have the following limits:
Standard Contract Agreement, Page 2 of 2
MSP Outdoor Services
(1) $1,500,000 for any number of claims arising out of a single occurrence,
and to name the city as an additional insured “as their interests may
appear.”
A. Comprehensive Automobile Liability:
(1) Each Accident: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence
B. Worker’s Compensation Coverage.
6. Completion Date. Completion of work related to the 2019-2021 Contract for Mowing,
Snow and Ice Removal and Clean Up Services must be done according to the terms of the
Request for Quotes Contract Work, Contract Implementation, and Contract Conditions.
IN WITNESS WHEREOF, the parties have set their hands this ___ day of ___________, 2018.
CITY OF STILLWATER By:____________________________________
Ted Kozlowski, Mayor
By:____________________________________
Diane F. Ward, City Clerk
CONTRACTOR ___________________________________________
By: Bryan Price
Title: Owner
STATE OF MINNESOTA )
) ss.
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this _____ of _______________, 2018
by ______________________________, its ____________________________________,
for___________________________________.
__________________________________________
Notary Public
Commission Expires: ___/___/_____
Commissioned At: ________________________
EXHIBIT A
CONTRACT SCOPE OF WORK
MOWING, SNOW AND ICE REMOVAL AND CLEAN UP SERVICES
I. OBJECTIVE
The purpose of this request is to receive quotes for services related to mowing,
snow and ice removal and/or clean up services.
II. CONTRACT WORK
A. Definitions
i. "Acreage" shall mean any property having a total area of 43,560 square feet
(1 acre) or greater.
ii. "Authorized notice" shall mean a written or verbal notice from either the
City of Stillwater Community Development or Police Department to
perform specific work at a specific location.
iii. "City" shall mean the City of Stillwater, Minnesota.
iv. "Cleaning and removal of trash and debris" shall mean any method by
which filth, weeds, rubbish, refuse or other matter that might be unhealthy
and/or unsightly is removed from any acreage or lot and disposed of as
approved by the City and delineated in the City Code and in the
specifications for this contract.
v. "Contractor" shall mean the person or firm, awarded the Contract by the
City.
vi. "Lot" shall mean any property having a total area less than 43,560 square
feet (1 acre).
vii. “Reoccurring Mowing” shall hereby be defined as “subsequent mowing
after the initial mowing directed by the City and specifically requested to
by the City to be placed on the reoccurring mowing list. Recurring
mowing shall be done no earlier than 14 days since the last mowing and
no more than 21 days after the last mowing. Reoccurring Mowing shall
cease at the time of notification of removal by the City, notification of the
property owner mowing shall not occur, and/or upon notice by the
Contractor Mowing has occurred on the property.”
viii. “Reoccurring Snow and Ice Removal” shall be hereby defined as
“subsequent snow and ice removal after the initial Snow and Ice
Removal as directed by the City and specifically requested by the City to
be place on the reoccurrence list. Reoccurring snow and ice removal
shall be conducted no greater than 24 hours after the snow and ice has
ceased to be deposited thereon. Reoccurring Snow and Ice Removal shall
cease at the time of notification of removal by the City, notification of the
property owner snow removal shall not occur, and/or upon notice by
the Contractor Snow and Ice Removal has occurred on the property.”
ix. "Snow and Ice Removal" shall hereby be defined as “any method by which
snow and ice is removed from any PUBLIC SIDEWALK as approved by
the city and delineated in the City Code of Ordinances.
x. "Snow Removal - CBD" shall mean any method by which snow is removed
from a minimum of 8’ of any PUBLIC SIDEWALK in the Central Business
District (CBD) as approved by the city and delineated in the City Code of
Ordinances. Please see the Site Location Map, attached as Exhibit A, for
reference to the CBD.
B. Specifications
All specifications shall be strictly enforced. Any property which does not meet
specifications shall be brought up to specifications at the Contractor's expense upon
the notification by the City. No action shall be taken that does not comply with all
life, health and safety requirements of the City including, but not limited to,
compliance with City Code Chapter 33, Building Code.
i. Vacant Lot – Each lot shall be mowed in its entirety in a uniform cut.
Mowing shall be completed as near as possible to any tree, wall, fence,
pole, sign, or any other structure. Remaining high grass and weeds shall
be trimmed to ensure favorable appearance. Proper action shall be taken
to clear the property, adjoining streets, sidewalks and public rights-of-way
of all grass and weed trimmings. Specific authorization from the City
must be obtained to clean and remove trash or debris from a vacant lot.
ii. Developed Lot – Each lot shall be mowed as near as possible to any
building, tree, wall, fence, pole, sign or any other structure in a uniform
cut. Remaining high grass and weeds shall be trimmed to ensure
favorable appearance. Proper action shall be taken to clear the property,
adjoining streets, sidewalks and public rights-of-way of all grass and weed
trimmings. Specific authorization from the City must be obtained to clean
and remove trash or debris from a developed lot.
iii. Acreage Between One and Twenty Acres – Each parcel shall be mowed in
its entirety in a uniform cut. Any remaining high grass and weeds around
trees, walls, fences, poles, signs, or any other structure shall be trimmed.
Proper action shall be taken to clear the adjoining streets, sidewalks and
public rights-of-way of all grass and weed trimmings. Specific
authorization from the City must be obtained to clean and remove trash or
debris from acreage. Five or more vacant, contiguous lots shall be treated
as acreage and billed as such.
iv. Acreage Over Twenty Acres – All areas within fifty feet from a curb,
public right-of-way, street, sidewalk or adjacent property under different
ownership must be mowed in their entirety in a uniform cut. Any
agricultural areas or areas used to cultivate crops must be mowed up to
the crop. Specific authorization from the City must be obtained to clean
and remove trash or debris from acreage.
v. Cleaning of Trash and Debris - The Contractor shall remove all trash and
debris from the property. Trash and debris may include dirt, rock, boards,
railroad ties, furniture, appliances, tires, litter, swimming pool water and
any other rejected matter. The Contractor shall also level and/or remove
stockpiles or dirt, aggregate or other materials. The Contractor shall seed
and mulch, when required by the City, including MN-DOT 240 seed mix
@ 100 lbs/acre and Type 1 Mulch with 90% coverage at two tons per
acre. Residential debris shall be bagged and placed at the curb in an
orderly manner for pick up by Waste Management. Construction
material shall be taken to Twin City Refuse & Recycling at 318 West
Water Street in St. Paul. Hazardous waste shall be taken to the
Washington County’s Environmental Center site at 4039 Cottage Grove
Drive in Woodbury. Contact City Staff concerning other situations the
Contractor may encounter before proceeding with cleanup.
vi. Boarding and Securing of Property - The Contractor install shall install a
minimum of 3/8-inch thick plywood over all broken windows, missing
doors, and other opening that cannot be secured by other reasonable
means. Specific authorization from the City must be obtained to board
and secure a property.
vii. Securing of Property - The Contractor install shall necessary padlocks,
door hardware, etc. to secure doors and other unsecured opening that do
not require boarding. Specific authorization from the City must be
obtained to secure a property.
III. CONTRACT IMPLEMENTATION
A. Authorization
The Contractor shall be notified by a representative of the City of Stillwater to
perform specific work at a particular location. The Contractor shall complete the
requested services within two (2) days after receiving authorization. In the event
of inclement weather, the Contractor shall notify the City of failure to complete
requested services by the third (3rd) day; however, in any case, such work shall be
completed within five (5) days after initial authorization. Failure to notify or finish
the work within the timeframes indicated will subject the Contractor to liquidated
damages of $15.00 per day, per property, until the work is complete.
The City shall pay $25.00 for trips by the Contractor to a site where the
Contractor finds abatement has been completed prior to the Contractor arriving
at the site if the arrival is within the established timeframes as outlined in Section
III(A). In these instances, the Contractor shall provide a single labeled
photograph to show the abatement of the violation which shall be provided with
the invoice. The invoice shall clearly be labeled as a “Discontinuance Fee” with
the property address.
B. General Conditions
i. For work paid on a per hour basis, the Contractor shall examine the
property first to estimate the number of hours needed to complete the job
before authorization is given. The City shall not pay for travel time. In the
event that more than the original number of hours is necessary to complete
the job, the Contractor shall contact the City of representative for approval
once the original estimated hours are reached and prior to performing any
additional hours.
1. If seed and mulch is required, the Contractor shall indicate this at this
time.
ii. The Contractor shall obtain and pay for any and all permits, licenses,
disposal fees or any other costs required to fulfill this contract.
iii. The Contractor must comply with all federal, state and local ordinances.
iv. The Contractor shall protect and prevent all damage to wires, cables,
structures, fences vehicles, trees, plants and other artifacts. Any damage to
public or private property shall be corrected by repair or replacement by
the Contractor at his or her own expense to the satisfaction of the Owner
or the City.
v. In case any action in court is brought against the Owner, or any officer
or agent of the Owner, for the failure, omission or neglect of the
Contractor to perform any of the covenants, acts, matters or things by
this Contract undertaken; or for injury or damage caused by the alleged
negligence of the Contractor or his subcontractors or his or her or their
agents, or in connection with any claim based on lawful demands of
subcontractors, workmen, materialmen or suppliers the Contractor shall
indemnify and save harmless the Owner and his or her officers and
agents, from all losses, damages, costs, expenses, judgments or decrees
arising out of such action.
vi. Except as to any supplies or components which the specifications provide
need not be new, all supplies and components to be provided under this
contract shall be new (not used or reconditioned, and not of such age or so
deteriorated as to impair their usefulness or safety), of current production
and of the most suitable grade for the purpose intended. If at any time
during the performance of this contract the Contractor believes that the
furnishing of supplies or components which are not new is necessary or
desirable, they shall notify the City immediately, in writing, including the
reasons therefore and proposing any consideration which will flow to the
City if authorization to use supplies or components is granted.
vii. In the event the Contractor conducts a trip to a site where the Contractor
finds abatement has been completed, within 24 hours the Contractor
shall notify the City the work was not performed and that the property
is being removed from the Reoccurring Mowing and/or Reoccurring
Snow and Ice Removal list.
C. Invoicing
The Contractor shall take before and after photographs in digital format for
validation and return same to the City with EACH invoice of each job
assignment. Any invoice submitted without both before and after photos will
be returned unpaid. “Before” and “after” photographs must be taken each and
every time a property is serviced. Photographs shall meet the following
requirements:
• A minimum of three “before” and “after” photographs are required per
visit.
• At least one “before” and one “after” photograph must each identify the
address or location of the work site.
• The “before” and “after” photographs must clearly validate the work
performed.
• Photographs shall be a minimum of 3.2 megapixels, 1600 x 2000
resolution (pixels).
• Photographs shall be submitted in electronic format and shall be
properly labeled as “before” and “after” with the date and time of
service identified.
Invoices shall reflect separate charges for each category of work performed with
no more than one property on any detail sheet. Invoices shall indicate the
date(s) of service shall otherwise comply with City purchasing procedures
unless waived by the City. Orders will be placed by the City and must be given
a Purchase Order Number to be valid. No payments shall be made on invoices
not listing a Purchase Order Number. No partial payment will be made.
An invoice for work performed shall be submitted within fourteen (14) days
following completion of the requirements of the contract to: Community
Development Department, Stillwater City Hall, 216 4th St N, Stillwater, MN
55082-4898. Failure to submit an invoice in the time period identified shall result
in nonpayment by the City.
D. Payment Terms & Conditions
i. Service Payment
City review, inspection and processing procedures ordinarily require
thirty (30) days after receipt of invoice, materials or service. Quotes which
call for payment before 30 days from receipt of invoice, or cash discounts
given on such payment, will be considered only if in the opinion of the
City the review, inspection and processing procedures can be completed
as to the specific purchases within the specified time. It is the intention of
the City to make payment on completed orders within thirty (30) days of
receiving invoicing unless unusual circumstances arise.
ii. Fee Schedule
Payment shall be made according to the following fee schedule:
Item Work Description Unit Cost
PART A – MOWING (Mowing, Trimming, Clearing/Disposal of Trimmings)
First Mowing
1 Vacant lot $ 185.00 per lot
2 Developed lot $ 145.00 per lot
3 Acreage, 1 to 20 acres $ 215.00 per
acre
4 Acreage, over 20 acres – mowing only $ 200.00 per
acre
Recurring Mowing1
5 Vacant lot $ 65.00 per lot
6 Developed lot $ 50.00 per lot
7 Acreage, 1 to 20 acres $ 150.00 per
acre
8 Acreage, over 20 acres – mowing only $ 145.00 per
acre
PART B – CLEANING OF TRASH AND DEBRIS
9 Cleaning of trash and debris – pick up of all trash and debris
including labor, vehicles, equipment and disposal costs
$ 70.00 per
hour2
10 Seed and mulch, including MN-DOT 240 seed mix @ 100
lbs/acre and Type 1 Mulch with 90% coverage at two tons
per acre
$ 993.00 per
acre3
PART C – SECURING PROPERTY
11 Boarding and securing property – boarding of broken
windows, including all labor, vehicles, equipment and
supplies
$ 100.00
per opening
12 Securing property – locking or otherwise securing unsecured
openings, windows or doorways including all labor, vehicles,
equipment and supplies
$ 100.00
per opening
PART D – SNOW REMOVAL
13 Single street residential sidewalk (92 feet by 4 to 5 feet
average)
1.5- to 4-inch snow cover
$ 60.00 per
event
14 Single street residential sidewalk (92 feet by 4 to 5 feet
average)
4- to 8-inch snow cover
$ 90.00per
event
15 Corner lot residential sidewalk (182 feet by 4 to 5 feet
average)
1.5- to 4-inch snow cover
$ 110.00 per
event
16 Corner lot residential sidewalk (182 feet by 4 to 5 feet
average)
1.5- to 4-inch snow cover
$ 160.00 per
event
17 Other residential sidewalk snow removal $ 75.00 per
hour2
18 Single street CBD sidewalk (25 feet by 8 to 10 feet average) 4
1.5- to 4-inch snow cover
$ 55.00 per
event
19 Single street CBD sidewalk (25 feet by 8 to 10 feet average) 4
4- to 8-inch snow cover
$ 75.00 per
event
20 Single street CBD sidewalk (50 feet by 8 to 10 feet average) 4
1.5- to 4-inch snow cover
$105.00 per
event
21 Single street CBD sidewalk (50 feet by 8 to 10 feet average) 4
4- to 8-inch snow cover
$ 150.00 per
event
22 Corner lot CBD sidewalk (182 feet by 8 to 10 feet average) 4
1.5- to 4-inch snow cover
$ 180.00 per
event
23 Corner lot CBD sidewalk (182 feet by 8 to 10 feet average) 4
4- to 8-inch snow cover
$ 270.00 per
event
24 Other CBD sidewalk snow removal $ 75.00 per
hour2
1. Reoccurring mowing shall be done no earlier than 14 days after the last mowing and no later than 21
days after the last mowing.
2. Price per hour will be multiplied by the number of workers needed to complete the job.
3. Price per acre shall be divided by square footage for lots less than one acre in size.
4. Snow shall be removed from primary walking path, with a minimum eight foot (8’) clear area. Snow is
preferred to be removed from the site but may be stockpiled in an area no greater than two feet (2’)
back from the curb.
iii. Sales Tax
Bills submitted for taxes above the Fee Schedule price will not be honored.
IV. CONTRACT CONDITIONS
A. Contract Claus
This contract may be superseded only if replaced with a written contract
executed by both parties.
B. Provisional Clause
The City will not enter into any contract where the cost is provisional upon such
clauses as are known as “escalator” or “cost-plus” clauses.
C. Liability
The Contractor and/or the Contractor's employees will assume complete
responsibility for any claim of property damage or bodily injury, which may
directly or indirectly arise from the employee's performance under the terms of
this agreement. The Contractor's employees will hold harmless, release and
defend the City from all claims of liability that directly or indirectly arise under
the terms of this agreement.
The Contractor shall not recover from the City of Stillwater the cost for
damaged equipment, including broken blades, punctured tires, or any other
damaged equipment, as a result of mowing assignments regardless of the
condition of the property.
D. Assignment of Contract
The successful Contractor may not assign their rights and duties under an
award without the written consent of the City of Stillwater City Administrator.
Such consent shall not relieve the assignor of liability in event of default by their
assignee.
E. Default
In case of default of the successful Contractor, the City may procure the services
from other sources and hold the Contractor responsible for any excess cost
occasioned thereby.
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Exhibit A
Central Business District
1
Date: December 4, 2018
TO: Mayor and Council
FROM: Kori Land, City Attorney
Beth Wolf, City Clerk
SUBJECT: Liquor Ordinance Amendments
The Council held a first reading of the liquor ordinance amendments on November 13, 2018.
Before the Council is the second and final reading. A summary of the amendments is as
follows:
Certain types of licenses are now identified in the Code:
• Temp. On‐Sale (Clubs and religious or non‐profits)
• Special Provisions (sports facility, community festivals)
• Consumption & Display
• Culinary Class On‐Sale
• Temp. Wine – Off‐Sale (auctions)
• Distilleries (cocktail rooms)
While there are many general conditions for licensees, one new requirement is that there
must be an approved employee training program for serving/selli ng alcohol. In addition, the
license approval process will allow the Council to approve a license with reasonable
conditions or a provisional license if any licensed business has more than 3 violations within
a 5‐year period. For provisional licenses, the licensee would have to comply with a
mitigation plan to reduce the violations.
The license denial, revocation or suspension process was clarified. If the penalty is a fine,
then city staff can issue the penalty, with the right to appeal. If the penalty involves
suspension or revocation of a license, then the matter must be heard by the city council or a
hearing officer. In most cases the matter will be referred to a hearing officer who has the
authority to impose penalties pursuant to the city’s adopted fee schedule.
The ordinance provides that the Council may approve a summary for publication purposes
and has proposed language for that summary. Publishing a summary instead of the lengthy
ordinance saves the city on publication costs.
RECOMMENDATION: Adopt ordinance on final reading.
RESOLUTION NO. 2018-265
A RESOLUTION OF THE STILLWATER CITY
COUNCIL DIRECTING THE PUBLICATION OF AN
ORDINANCE BY TITLE AND SUMMARY
WHEREAS, 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:
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The title of the ordinance to be published is as follows:
AN ORDINANCE AMENDING CHAPTER 43 REGARDING LIQUOR OF THE
STILLWATER CITY CODE.
2. A summary of the ordinance is as follows:
The amendments reorganize many sections of the existing liquor ordinance and clarify
the application requirements for individuals, partnerships and corporations. It clearly sets
out the process for obtaining a new license and for renewing a license, including having a
background investigation, the requirements for insurance and the payment of fees. The
amendments add some new license types, such as licenses for events in a city-owned
sports facility or for community festivals, temporary off-sale wine licenses, culinary class
on-sale, and microdistillers such as cocktail rooms. The ordinance allows the Council to
approve a provisional license for those establishments who have more than 3 city code
violations within 5 years. A provisional license includes a mitigation plan that the
licensee must follow in order to keep its license. The process for approval, denial,
suspension and revocation is carefully articulated so that the licensees will know what to
expect at each stage of the process.
3. A complete printed copy of the ordinance is available for inspection by any person during
the regular officed hours at the office of the City Clerk, City Hall, 216 4th Street N.
4. A Copy of the entire text of the ordinance must be made avialalble in the Stillwater
Public Library.
Enacted by the City Council this 4th day of December, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
ORDINANCE NO. 1116
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 43-67 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 person, who, by a process of manufacture, fermenting,
brewing, distilling, refining, rectifying, blending, or by the combination of different materials,
prepares or produces intoxicating liquor for sale.
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 43-67 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,
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
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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.
Secs. 43-3—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.
Subd. 2. Investigation. In order to protect the general welfare of the public, new and renewal
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
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.
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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. The certification of
insurance must be continuously in effect until 30 days after receipt of the written notice
of cancellation or change.
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 the applicant so requests and the request is
approved by the Council. Specific fees for which work was performed, such as a
background investigation, shall not be refundable.
(3) Prorated license fees. License fees will not be prorated for a portion of a license term,
except for the following licenses, payment for which shall only be for the portion
remaining in the license term.
a. On-sale intoxicating liquor;
b. Pawnbroker;
c. Precious metal dealer;
d. Tobacco;
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.
Sec. 43-62. - Persons Ineligible.
Subd. 1. 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;
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(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 in an area that is prohibited for such use by state law or the city
zoning Code or where the principal building is within 500 feet of a school or church; or
(10) Is applying for an off-sale and already has an off-sale intoxicating liquor license.
Sec. 43-63. - Application.
Subd. 1. Applications for a license must be submitted on a form provided by the city for an
initial license, a license renewal and upon any change of ownership of business control of a
licensed premises. The 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) 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 any other name; and, if so, the name or
names, including maiden names and information concerning dates and places used.
5
(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.
(3) Type, name and location of every business or occupation applicant has been engaged in
during the preceding five years.
(4) Names and addresses of applicant’s employers and partners, if any, for the preceding five
years.
(5) Whether applicant has 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 such convictions.
(6) Whether the applicant has ever been engaged in operating or as an employee of a 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.
(7) 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.
(8) The applicant’s Social Security number.
Subd. 3. If the applicant is a partnership, the following information shall be included in the
application:
(1) 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.
(4) The applicant’s federal tax identification number and state employer identification
number.
Subd. 4. If the applicant is a corporation or other organization, the following information shall
be included in the application:
(1) Name of the corporation or entity and the state of incorporation or formation.
(2) A copy of the articles of incorporation or association agreement and bylaws; and if a
foreign corporation, a certificate of authority as described in Minn. Stat. ch. 303.
(3) 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 and all information as is required of a
6
single applicant in subdivision 2 (1)-(8) of this section. 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) The name of the club or commercial-recreational club.
(2) Date that club or commercial-recreational club was first organized and place of such
organization.
(3) A sworn statement that the club complies with the following:
a. Has owned or rented a building or space in a building for more than one year that
is suitable and adequate for the accommodation of its members;
b. 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
c. The number of members of the club or commercial-recreational club is not less than
30 members.
Subd. 6. Every application shall also contain the following:
(1) The exact legal description of the premises and parcel identification number to be licensed
together with a 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.
The street address of the licensed premises and the floor plan showing where liquor is to
be sold or consumed. An applicant for an on-sale license shall include dimensions of any
dining room and indicate the number of persons intended to be served in each room.
(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.
(3) If 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
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the premises to be licensed 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.
(10) If the licensed activity requires prior approval from another government entity, written
evidence of that approval.
(11) Other information as the city council may require.
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 (no later than Nov. 1). Failure to submit a renewal
application by the expiration date means there is no guarantee of the license being renewed. 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.
Subd. 2. 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 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.
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Subd. 3. An annual renewal application must include payment of the investigation fee as
established 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. - License Types
Subd. 1. On Sale licenses. An on-sale intoxicating liquor license may be issued to clubs,
restaurants, theaters, hotels and bowling centers.
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 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.
9
(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 43-66 subd. 11; 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
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.
10
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 applicant.
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.
(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.
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(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 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.
12
(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. 43-66 – 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 consumption and display permit holder to permit any
person under the age of 21 years to consume alcoholic beverages on the licensed premises;
(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
13
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. For licenses that require signage to designate areas of consumption, such
signs shall state: “NO ALCOHOL BEYOND THIS POINT” or “NO ALCOHOL PERMITTED
IN THIS AREA” with letters that are two inches tall in contrasting letters. The signage shall be
approved by the city clerk and/or building official. Consumption or sale of alcohol on non-licensed
areas will be in violation of this 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. 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, except as authorized by law. 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.
14
(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. On-sale intoxicating license holders may apply for a license to sell intoxicating
liquor until 2:00 a.m., except that for license holders with a Sunday on-sale
intoxicating liquor license the hours shall be between 8:00 a.m. on Sundays and
1:00 a.m. on Mondays.
c. On Sundays, license holders with a 2:00 a.m. license and with seating capacity for
at least 30 people, may sell intoxicating liquor in conjunction with the sale of food
between the hours of 8:00 a.m. on Sundays and 2:00 a.m. on Mondays only when
a Sunday is followed by the Monday observing Memorial Day, July 4th or Labor
Day.
d. The off-sale of malt liquor may only be made during the same days and hours
permitted at exclusive liquor stores.
e. 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.
(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 15 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 15 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 at least 15 minutes
prior to closing time. 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.
15
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.
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. 43-67. – Action on license.
Subd. 1. New or renewal application consideration.
(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 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 5-year period. At the time of approval of the provisional
license, the city council shall adopt 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 deemed appropriate. The
license term for a provisional license shall coincide with the license term of a regular
license. The decision approving a provisional license is final and subject to judicial review
in accordance with state law.
(4) License with reasonable conditions. The city council may add reasonable conditions upon
approval of a regular license, if deemed appropriate.
Subd. 2. License penalties. Upon the occurrence of one or more violations of city code or state
statutes within the preceding 5-year period, the City may take action on a business license or
licensed activity to impose a penalty pursuant to the fee schedule adopted by city council
resolution. If the penalty is a fine, the City may issue an administrative citation pursuant to City
Code Section 22-10, providing notice of the opportunity to appeal. If the penalty involves
16
suspension or revocation of the license, the City must hold a hearing following the process found
in City Code Section 22-10 subd. 4. A penalty may be imposed on any licensee upon a finding of
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
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;
17
(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
(19) The licensee habitually permits unlawful conduct to occur in or upon the licensed
premises.
Subd. 3. Temporary suspension. The city council may immediately temporarily suspend a
license when, in its judgment, the public health, safety and welfare is endangered by the
continuance of the licensed activity. The temporary suspension may remain in effect until a penalty
hearing can be held and a decision is made by the city council or a designated hearing officer.
Subd. 4. Penalty hearings. A hearing for consideration of the imposition of suspension or
revocation of the license, or in the cases of an appeal of a financial penalty, a hearing will be
conducted before the city council or a designated hearing officer pursuant to City Code Section
22-10 subd. 4.
(1) Final decision. Following the hearing, the city council or hearing officer may impose a
penalty on the licensee as long as it is supported by findings of fact and the decision
generally follows the penalties outlined in the City’s fee schedule. The penalty may provide
for a combination of a fine and a suspension. If supported by the findings of fact, the
penalty may be an upward or downward departure of the recommended penalty in the fee
schedule. If the licensee is found in violation of the city code or a state statute, the licensee
shall be required to pay for the cost of the hearing officer.
(2) Findings. Any actions taken following a hearing shall be in the form of an order with
findings of fact 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; if the license is converted to a provisional license, the mitigation
plan shall be included; if the penalty includes a fine, there shall be a date by which the fine
must be paid.
(3) Appeal from hearing. Notwithstanding City Code Section 22-10 subd. 4(5), which states
that the decision of the hearing officer is final:
18
a. If a hearing officer makes a decision to suspend or revoke the license, then the licensee
may appeal to the city council, as long as the licensee complies with the following:
makes a written request to appeal within seven days after the licensee is served with
the order of the hearing officer and pays the appeal fee pursuant to the fee schedule.
The appeal hearing before the city council shall be limited in scope to determine if the
hearing officer’s order is supported by the findings of fact.
b. If the city council makes a decision to suspend or revoke the license, or if the council
upholds the decision of the hearing officer, then the decision is final, subject to judicial
review in accordance with state law.
c. If either the city council or the hearing officer imposes any penalties other than
suspension or revocation, the decision is final and subject to judicial review in
accordance with state law.
Secs. 43-68—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.
19
(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.
Sec. 43-127. - Persons eligible.
No 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.
Sec. 43-128. - Application.
Subd. 1. Every application for a 3.2 percent malt liquor license shall be made on a form
provided by the city and must state:
(1) The name and address of the applicant;
(2) Whether the application is for on-sale or off-sale;
(3) The business in connection with which the proposed license will operate and its location;
(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
(6) Such other information as the city council may require or as required by state law.
Subd. 2. It shall be unlawful to make any false statement in an application. Applications shall
be filed with the city clerk.
Subd. 3. Renewal applications shall be administered pursuant to section 43-64.
Subd. 4. The applicant shall comply with all provisions of section 43-61.
Sec. 43-128. - 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 43-67 for approval, renewal, denial, suspension or
revocation of licenses.
20
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:
The amendments reorganize many sections of the existing liquor ordinance and clarify the
application requirements for individuals, partnerships and corporations. It clearly sets out
the process for obtaining a new license and for renewing a license, including having a
background investigation, the requirements for insurance and the payment of fees. The
amendments add some new license types, such as licenses for events in a city-owned sports
facility or for community festivals, temporary off-sale wine licenses, culinary class on-sale,
and microdistillers such as cocktail rooms. The ordinance allows the Council to approve a
provisional license for those establishments who have more than 3 city code violations
within 5 years. A provisional license includes a mitigation plan that the licensee must
follow in order to keep its license. The process for approval, denial, suspension and
revocation is carefully articulated so that the licensees will know what to expect at each
stage of the process.
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:
Beth Wolf, City Clerk
AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 31-216,
NONCONFORMING USE REGULATIONS
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Purpose. The purpose of this Ordinance is to allow nonconforming commercial uses within the
RB Zoning District to be changed to another nonconforming commercial use.
1. Amending. Stillwater City Code Section 31-216, Nonconforming Uses or Structures, is
amended by adding the following subsection (c) entitled Changes:
(c) Changes. Upon determination by the Community Development Director or his or her
designee, any lawful nonconforming use of a structure or parcel of land can be changed
to a similar nonconforming use or to a more restrictive nonconforming use, provided:
i. The enlargement, expansion, relocation or intensification will be compatible with
adjacent property and the neighborhood; and
ii. The enlargement, expansion, relocation or intensification will not result in
significant increases of adverse off-site impacts such as traffic, noise, dust, odors
and parking congestion.
However, once a structure or parcel of land has been placed in a more restrictive
nonconforming use, it shall not to return to a less restrictive nonconforming use unless
granted a Conditional Use Permit by the City Council.
2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect.
3. Effective Date. This Ordinance will be in full force and effect from and after its passage
and publication according to the law.
Adopted by the City Council of the City of Stillwater this 4th day of December, 2018.
CITY OF STILLWATER
______________________________
Ted Kozlowski, Mayor
ATTEST:
_______________________________
Beth Wolf, City Clerk
ORDINANCE 1118
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
CHAPTER 31, ENTITLED ZONING ORDINANCE, BY AMENDING THE ZONING
MAP OF THE CITY TO REZONE CERTAIN PROPERTY WITHIN THE AP –
AGRICULTURAL PRESERVATION DISTRICT BY ADDING THEM TO THE
RA – ONE FAMILY RESIDENTIAL DISTRICT
The City Council of the City of Stillwater, Washington County, Minnesota, does ordain:
Section 1. The zoning of the subject property, location of which is legally
described as:
Lot 4, Block 1, Boutwell Valley Estates
is hereby amended to RA, One-Family Residential. This proceeding
is known as Planning Case No. 2018-55.
Section 2. This Ordinance shall be in full force and effect from and after
publication according to law.
Section 3. In all other ways the Stillwater City Code shall remain in full force
and effect.
Adopted by the City Council this 4th day of December, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
ORDINANCE 1119
AN ORDINANCE REPEALING CHAPTER 39A
OF THE STILLWATER CITY CODE
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Section 1. Section 39A of the City Code is hereby repealed in its entirety.
Section 2. This Ordinance shall be in full force and effect from and after
publication according to law.
Section 3. In all other ways the Stillwater City Code shall remain in full force
and effect.
Adopted by the City Council this 4th day of December, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
TO: Mayor & Councilmembers
FROM: Bill Turnblad, Community Development Director
DATE: November 26, 2018
RE: Renewal of Wolf BierCycle License
BACKGROUND
Pat Wolf has been operating BierCycle Adventures in Downtown Stillwater for about six and a half years
now. She plans to operate the cycle next year and is requesting renewal of the license for 2019.
COMMENTS
1. Pat Wolf plans to operate the business in 2019 much the same as in 2018. This includes tours
during November and December on Fridays and Saturdays as weather permits. Also, she offers
her business as an activity associated with other events, such as the WCHS ice cream social.
When she does this, her Cycle is included in the event permit application that is submitted by the
event organizer.
2. The cost of the reserved parking space by the pedestrian walkway has been set by the Council, at
the Parking Commission’s recommendation, at $3 per day for the single space that is needed.
The rate is the same that is charged to the Stillwater Trolley. The total cost for parking at this rate
would be $606 for 2019. See table for details.
Month Number of days Comment Cost
May 31 $93
June 30 $90
July 31 $93
August 31 $93
September 30 $90
October 31 $93
November 10 Fridays & Saturdays only $30
December 8 Fridays & Saturdays only $24
TOTALS 202 $606
RECOMMENDATION
Staff recommends adopting the attached resolution, which conditionally authorizes staff to issue the 2019
license.
bt
Attachment: Resolution for 2019
RESOLUTION NO. 2018 - 266
RESOLUTION GRANTING LICENSE TO PATRICIA WOLF
FOR THE OPERATION OF MULTI-PERSON CYCLE TOURS
ON CITY STREETS IN 2019
AND RESCINDING RESOLUTION 2017-251
WHEREAS, Patricia Wolf has made a request to renew her license to operate BierCycle
Adventures, a multiple-person tour cycle, on City roadways downtown; and
WHEREAS, the City Council of the City of Stillwater approved Resolution 2017-251 on
December 19, 2017 for a license to operate the tour cycle business in 2018; and
WHEREAS, the business will operate in substantially the same manner in 2019.
NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby
grants license to Patricia Wolf to operate multi-person cycle tours on City roadways subject to
the following conditions:
1. Upon review and approval of the license request by the Police Department and the
Public Works Department, the City Clerk is authorized to issue a license to Patricia
Wolf for the multiple-person tour cycle business.
2. Patricia Wolf may operate one multiple-person tour cycle in Stillwater. An increase
in the number of cycles will require an amendment to this Resolution of Approval.
3. A license must be applied for annually from the City Clerk. The license is valid
through December 31 of the year issued.
4. No license will be issued or renewed without proof of general liability insurance in
the minimum amount of $1,500,000 per occurrence.
5. Operating restrictions and conditions:
a. No multiple-purpose tour cycle may be operated upon a public sidewalk.
b. No multiple-purpose tour cycle may use any public street or other public
property as a waiting area unless such area is a legal motor vehicle parking
area.
c. Public safety is paramount in the operation of any multiple-purpose tour cycle.
Consequently, each multiple-purpose tour cycle must be equipped with the
following:
i. Front and rear turn signals
ii. Head lights
iii. Tail lights
iv. A hydraulic disc braking system
v. An emergency brake in addition to a disc braking system
vi. Any other equipment required to comply with applicable federal and
state laws
d. All multiple-purpose tour cycles are, at all reasonable times, subject to
inspection by the City of Stillwater.
e. Multiple-purpose tour cycle operators must have in their possession a valid
driver's license while in control of any multiple-purpose tour cycle, and shall
operate the tour cycle in compliance with all applicable federal, state, and
local traffic laws, and in a manner so as to assure the safety of persons and
property.
f. Whenever alcohol is being served on a tour, the patrons who are legally
allowed to drink alcoholic beverages must wear a colored wristband.
g. All multiple-purpose tour cycle operators must obey and comply with any
lawful order or direction of any police officer, traffic control agent, or
regulatory services inspector.
h. The City reserves the right to alter or limit multi-purpose tour cycle operations
to specified routes and streets if required for public safety reasons.
i. If Sam Bloomer Way or Mulberry Point should be limited to pedestrian traffic
only, the City reserves the right to eliminate the multi-person tour bikes access
to these areas.
j. The City reserves the right to require that any idle multi-purpose tour cycle be
parked in a specified location while idle or waiting for customers.
k. Upon receipt of any serious substantiated complaints, as determined to be
serious and substantiated by the City Administrator, the license will be placed
on the next available City Council agenda for review.
6. During periods of flooding, the City uses Water Street as a staging area and therefore
during these times the tours will not be allowed to operate from this location.
7. The rate for the reserved on-street parking space on Water Street is $3 per day. The fee
for 2019 will be $606 for the entire season. This must be paid by April 30th. The rate is
subject to review and possible increase by the City Council annually.
Adopted by the Stillwater City Council this 4th day of December, 2018.
_____________________________
Ted Kozlowski, Mayor
ATTEST:
__________________________
Beth Wolf, City Clerk
TO:
FROM:
DATE:
RE:
MEMORANDUM
Mayor and City Council
Shawn Sande~ector of Public Works
November 30, 2018
Assessment Waiver Appeal and Agreement 209 East Wilkins Street.
DISCUSSION
The property owner at 209 E. Wilkins Street has requested City assistance to replace a deteriorated
sanitary service. The service is a little bit unique since it jointly serves two other properties
downstream of the property. Instead of repairing the damaged service, the property owner will be
installing a new service and separating themselves from the joint service. The property has asked that
the City assistance be in the form, assessing the cost of the sewer service replacement to the property.
The cost would be assessed over a five year period at 4.5%. The city attorney has prepared Assessment
Waiver Appeal and Agreement for the property and the owner has agreed to and signed the document.
RECOMMENDATION
Staff recommends council consider and approve the Assessment Waiver Appeal and Agreement for
209 East Wilkins Street.
ACTION REQUIRED
If Council agrees with the recommendation, they should pass Resolution 2018-__ ADOPTING
ASSESSMENT WAIVER APPEAL AND AGREEMENT 209 EAST WILKINS STREET.
RESOLUTION 2018-267
APPROVING ASSESSMENT APPEAL WAIVER AGREEMENT
FOR PID NO. 21.030.20.43.0099, 209 WILKINS STE
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the Agreement between
Jon Archer and Amy Haugen. and the City of Stillwater for assessment appeal waiver, as on file
with the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED, that the Stillwater City Council authorized the Mayor and
City Clerk to sign the agreement on the City's behalf.
Adopted by the City Council of the City of Stillwater, Minnesota this 4th day of December 2018 .
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Bill Wolfe Excavating
P.O. Box 775
Stillwater, MN 55082-0775
651-430-2256
BWE 195@gmail.com
Customer
John Koch
209 Wilkins St E
Stillwater, MN 55082
Item Description
IO Install Sewer Service Permits. Directional bore 200 feet of2inch pump line. Core Drill through wall and
patch foundation. Connect in manhole. Supply traffic control.
IO Install Sewer Service Install 36"xl44" outdoor grinder basin with 2hp grinder pump.
Note: Ifwe need to open up the street by manhole it will be an additional
$2500.00.
Total
Estimate
Date Estimate#
11/5/2018 1861
Project
Total
6,400.00
8,700 .00
$15,100.00
CITY OF STILLWATER
ASSESSMENT APPEAL WAIVER AGREEMENT FOR
PID NO. 21.030.20.43.0099, STILLWATER, MN 55082
TIDS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER ("Agreement") is
entered into and effective as of the 28 day of November, 2018 ("Agreement Date"), by and between
the City of Stillwater, a Minnesota municipal corporation ("City"), Jon Archer, a single person, and
Amy Haugen, a single person ( collectively "Owner").
WITNESSETH:
WHEREAS, the Owner is the fee simple Owner of property legally described on Exhibit A,
attached hereto and incorporated herein, ("the Property") that will be benefited by certain sanitary
sewer replacement and related site work ("the Improvements"); and
WHEREAS, the Owner is willing to agree to the levy of the Assessment Waiver Amount
against the Property ("Assessed Property") for the Assessment Term with interest accrual at the
Assessment Interest Rate; and
WHEREAS, the City is willing to facilitate the Improvements which are necessary provided
that the Improvements are funded by the Owner; and
WHEREAS, the Owner is willing to waive their assessment appeal rights up to the
Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes,
Chapter 429 in the manner authorized by Minnesota Statutes § 462.3 531 in return for the City's efforts
to facilitate the collection of funding for the Improvements.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the
other contained in this Agreement and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto do covenant and agree as follows:
ARTICLE I
THE AGREE:MENT
Section 1.01 Purpose. This Agreement is executed and delivered pursuant to the terms and
conditions of the Development Agreement and includes the waiver of assessment appeal rights up to
the Assessment Waiver Amount which constitutes a benefit pursuant to Minnesota Statutes, Chapter
429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to
facilitate the collection of funding for the Off-Site Improvements.
Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date
and shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied
assessment).
ARTICLE II
DEFINITIONS
Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings
as used in this Agreement shall be expressly indicated below, unless the context of this Agreement
requires otherwise:
(a) Agreement: This agreement to memorialize the covenants and agreements between
the Owner and the City with regard to the Property and the Improvements, including
the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter
429 in the manner authorized by Minnesota Statutes§ 462.3531.
(b) Agreement Date: The date written in the first paragraph of the Agreement.
( c) Assessed Property: The real property that will be assessed for the Improvements,
legally described on Exhibit A.
( d) Assessment Interest Rate: The interest rate for the special assessment levied against
the property is 4.5% per year for the Assessment Term.
( e) Assessment Tenn: Except as provided in Section 3.02, the Assessment Term shall be
five (5) years, beginning on the date of the assessment.
(f) Assessment Waiver Amount: The total charge imposed by the City for the
Improvements shall not exceed the amount of Twenty Thousand and 00/lOOths
Dollars ($20,000.00), without the written consent of the Owner, which amount is
to be assessed by the City against the Assessed Property on a pro-rata basis. The
Assessment Waiver Amount is commensurate with the estimated special benefit of
the Improvements to the Assessed Property.
(g) City: The City of Stillwater, a Minnesota municipal corporation.
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(h) Owner: Jon Archer, a single person, and Amy Haugen, a single person.
(i) Improvements: Sanitary sewer replacement and related site work.
G) Property: Real property legally described on Exhibit A.
ARTICLE III
COVENANTS AND AGREEMENTS
Section 3.01 Covenants and Agreements of the Owner. The Owner covenant and agree
with the City that:
(a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify to the
Washington County Auditor/Property Tax Assessor a special assessment against the
Assessed Property up to the Assessment Waiver Amount for Improvements.
The 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 Assessed Property for Improvements up to the
Assessment Waiver Amount. The Owner hereby waives any and all procedural and
substantive objections to the special assessment up to the Assessment Waiver Amount
against the Assessed Property, including, but not limited to, notice and hearing
requirements and any claim that any or all of the Assessment Waiver Amount against
the Assessed Property exceeds the benefit to the Property for the Improvements. The
Owner acknowledges and agree that the benefit of the Improvements to the Assessed
Property will equal the Assessment Waiver Amount. The Owner also acknowledges
and agrees that the Assessed Property receives a special benefit equal to the
Assessment Waiver Amount.
The City and Owner acknowledge and agree that the waiver of assessment appeal
rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment
Waiver Amount by operation of Minn. Stat.§462.3531.
(b) Owner' Covenant Not to ue the City: Owner hereby covenant with the City not to
appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the levied
assessment, or for other relief from the payment of the City's levy of a special
assessment up to the Assessment Waiver Amount against the Assessed Property.
(c) Owner's Covenant that Owner is the Property Fee Owner: Owner covenant and
warrant with the City that Owner is seized in fee of the Property and have good
right to enter into this Agreement with the City.
( d) City Recording of th.i Agreement: The City will record this Agreement against the
Assessed Property with the Washington County Recorder and/or Registrar of Titles.
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( e) When Payment is Due: Owner agrees to pay the Assessment Waiver Amount over
the course of the Assessment Term beginning ______ _
Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with
the Owner that:
(a) Assessment Waiver Amount: The City agrees that the City will certify/levy a special
assessment against the Assessed Property only up to the Assessment Waiver Amount
for the Improvements pursuant to this Agreement, and any costs of the Improvements
in excess of the Assessment Waiver Amount shall be paid by the City without any
right to seek reimbursement or payment from the Owner and without any right to
further assess the Assessed Property, without the written consent of the Owner.
(b) Prepayment of Assessment: The City agrees that the Owner may prepay some or all
of the City's assessment levy against the Assessed Property for the Improvements
with no penalty and only with interest accrual pursuant to Minn. Stat.§ 429.061.
ARTICLE IV
DEFAULT
Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely
performance of any of its covenants or agreements hereunder, the other party(s) may give notice of
default of this Agreement. The notice shall specify with particularity the default or defaults on which
the notice is based. The notice shall specify a ten (10) day cure period within which the specified
default or defaults must be cured. If the specified defaults are not cured within the cure period, the
other party(s) may pursue all remedies and sanctions available at law and in equity, including specific
performance.
Section 4.02 Attorneys' Fees, Costs and Expenses. The Owner agrees to pay the City the
amount of the City's assessment levy up to the Assessment Waiver Amount with accrued interest
together with the City's attorneys' fees, costs and expenses to defend the special assessment levy by
the City pursuant to this Agreement. The Owner acknowledges and agrees that the Owner would be
unjustly enriched if the City's assessment levy pursuant to this Agreement was set aside, reduced,
repealed or invalidated by a court with jurisdiction over the Assessed Property since the Owner
requested the Improvements and this assessment financing for the Improvements. The Owner agrees
that the court with jurisdiction over the Assessed Property shall award the City the assessment levy
up to the Assessment Waiver Amount with accrued interest together with the City's attorneys' fees,
costs and expenses for breach of the Owner's covenant not to appeal or sue the City pursuant to Article
III, Section 3.0l(b). Notwithstanding the foregoing, Owner's obligation to reimburse the City for
costs and expenses, including attorney's fees, in any action regarding the special assessment levy shall
only apply if the Owner is the plaintiff in an action to set aside a special assessment equal to or less
than the Assessment Waiver Amount.
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ARTICLEV
GENERAL PROVISIONS
Section 5.01 Notices. All notices, requests, demands or other communications required or
permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if
delivered personally or by registered or certified mail, return receipt accepted, postage prepaid,
addressed as follows:
If to the City:
If to the Owner:
City of Stillwater
Attention: City Administrator
216 4th Street North
Stillwater, MN 55082
Jon Archer and Amy Haugen
209 Wilkins Street East
Stillwater, MN 55082
Section 5.02 Non-Assignability. Neither the City nor the Owner shall assign any interest
in this Agreement nor shall any party transfer any interest in the same without the prior written consent
of the other party.
Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants
contained herein and the transaction contemplated hereunder shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, heirs, personal representatives, and
permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property
and shall run with the Property herein described.
Section 5.04 Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 5.05 Amendments, Changes and Modifications. This Agreement may be
amended or any of its terms modified or changed only by a written amendment authorized and
executed by the City and the 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 or any portion thereof, with an executed copy of this Agreement if the Owner sells any
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interest in the Property following the execution of this Agreement by the Owner and the City but
before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles.
[The remainder of this page was intentionally left blank.]
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IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be
executed by their duly authorized representatives.
CITY:
CITY OF STILLWATER
By:, ___________ _
Ted Kozlowski
Mayor
By: ___________ _
Beth Wolf
City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of 2018, before me a Notary Public within and for
said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk
of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument,
and that it was signed on behalf of said municipal corporation by authority of its City Council and
said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
7
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally
described as:
The North~ of Lot Six (6) and the East 60 feet of the North 35 feet of the South~ of Lot Six
( 6), all in Block Nine (9), Carli and Schulenberg' s Addition to Stillwater, Washington County,
Minnesota.
A-1
Date: November 29, 2018
TO: Mayor and Council
FROM: Beth Wolf, City Clerk
SUBJECT: Solid Waste, Recycling and Roll‐off Hauler License
DISCUSSION:
Advanced Disposal Services has submitted the required information and fee for their 2019
Solid Waste, Recycling and Roll‐off Hauler License.
RECOMMENDATION:
Staff recommends approval contingent upon the satisfactory completion of application
submittal requirements.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting
resolution APPROVING SOLID WASTE, RECYCLING AND ROLL‐OFF HAULER LICENSE
contingent upon the satisfactory completion of application submittal requirements.
RESOLUTION 2018‐268
APPROVING SOLID WASTE, RECYCLING
AND/OR ROLL‐OFF HAULER LICENSE
WHEREAS, Advanced Disposal Services has submitted an application for a new hauler
license for 2019; and
WHEREAS, approval is contingent upon satisfactory completion of application submittal
requirements.
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby
approves a Commercial Solid Waste/Recycling or Roll‐off Hauler License for Advance
Disposal Services.
Adopted by Council this 4th day of December 2018.
_____________________________
Ted Kozlowski, Mayor
Attest:
_______________________________
Beth Wolf, City Clerk
STILLWATER POLICE DEPARTMENT
TO: CITY ADMINISTARTOR THOMAS MCCARTY
FROM: CHIEF JOHN GANNAWAY
SUBJECT: POSSIBLE APPROVAL OF PURCHASE OF UNMANNED AERIAL SYSTEM (UAS)
DATE: NOVEMBER 16, 2018
CC: [NAME]
Please consider this memorandum as the Police Department’s request to purchase and
implement a UAS (commonly known as a drone). Attached is an estimate for a complete UAS
system and accessories, as well as a policy and certificates from the FAA authorizing two Police
Dept. personnel to operate a UAS.
The ‘stigma’ of law enforcement agencies operating UAS’s has eased tremendously over the
past few years. Law Enforcement agencies use UAS for a multitude of public safety services, and
strict policies prohibit the use of UAS that would be in conflict of constitutional privacies. Our draft
policy follows those guidelines.
The draft policy was submitted to City Attorney Land, recommended changes were made.
Because of the nature of our community, there are numerous uses for UAV. Event
security/crowd monitoring, searching for missing persons/suspected persons in open areas, and
assistance in emergency management situations.
Budget-wise, we have substantial savings in several areas of the Dept. budget and can easily
afford the cost of the UAS, which is far less expensive than originally thought. The UAS plus
accessories will cost an estimated $2716.
Two Police Dept. members have been certified by the FAA as UAS operators, therefore
ensuring compliance with a FAA rules and guidelines related to Law Enforcement UAS use and
Department Policy.
FrontRow
Entertainment Systems, llC
2290 Periwinkle Ave, N. -Stillwater, MN 55082
Todd McNurlin P: 6512694180 E: todd@fresys.com
Modified: July 12, 2018
Revision: 1.0
Professional Drone Equipment Proposal
Stillwater Police Department
216 4th Street N.
Stlllwater, MN 55082
Ph.651-439-9381
Presented By: Todd McNurlln
FrontRow
Entertainment Systerm, LlC
FrontRow Entertainment Systems, LLC
2290 Perlwlnkle Ave . N.
Stlllwater, MN. 55082
651-269-4180
P: 6512694180 www.fresys.com
FrontRow
Entertainment Systems, LLC
Qty Description
Professional Drone and Flight Equipment
22'i0 f'eriwinkle Ave, N -Stillwater, MN 55082
I oclcl J\/lcNu1 lin P: 651 269 4180 E: todd@fresys.com
Price
1 OJI Phantom 4 Pro V2.0 Drone $1499.00
High Performance Professional Drone with 1-inch 20MP Exmor R CMOS sensor, longer flight time and smarter features. (Includes 1 Batt.)
1 Phantom 4 Series Low-Noise Propellers
-4DB lower noise propellers
1 PGYTECH Drone Landing Pad (75cm)
Portable Drone Landing Target/Pad
2 SanDisk Extreme mlcroSD Card 64GB
High Speed 64GB Micro SD Card
3 Phantom 4 Series Intelligent Flight Battery
30-minute flight time, View battery status via DJI GO app, Self-discharge protection, Over-charge and discharge protection
1 Phantom 4 Pro/Adv NDS FIiter
Drops light 3 stops for bright video shooting
1 Phantom 4 Serles Propeller Guards
Set of four propeller guards
1 Phantom 4 Serles Battery Charging Hub
4 Battery rapid charging intelligent battery hub
1 Phantom 4 Series Car Charger
Single Battery Car Charger Adaptor
Professional Drone and Flight Equipment Total:
P: 651 269 4180 www.fresys.com
$10.00
$12.00
$68.00
$507.00
$29.00
$19.00
$90.00
$62.00
$2,296.00
FrontRow 2290 Periwinkle Ave, N. -Stillwater, MN 55082
Entertainment Systems, UC Todd McNurlin P: 6512694180 E: todd@fresys.com
Equipment Sub Total: $2,296.00
Project Summary
Equipment & Wire Total: $2,298.00
Misc. Parts: $0.00
* Labor: $0.00
Sub Total: $2,298.00
Sales Tax: Exempt
Total: $2,296.00
Cllent: Date
Contractor: FrontRow Entertainment Systems, LLC Date
P: 6512694180 www.fresys.com
Stillwater Police Department Policy
9.10
Unmanned Aerial System (UAS) Operations
9.10.1 Purpose and Scope
The purpose of the policy is to establish guidelines for the use of an unmanned aerial system (UAS) and
for the storage, retrieval and dissemination of images and data captured by the UAS.
9.10.2 Definitions
Definitions related to this policy include:
Unmanned Aerial System (UAS) – An unmanned aircraft of any type that is capable of sustaining
directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned
aerial vehicle (UAV), and all the supporting or attached systems designed for gathering information
through imaging, recording or any other means.
9.10.3 Policy
A UAS may be utilized to enhance the protection of lives and property when other means and resources
are not available or are less effective. Any use of a UAS will be in strict accordance with Federal and
State constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
9.10.4 Privacy
The use of the UAS involves potential privacy considerations. Absent a warrant or exigent
circumstances, operators and observers shall adhere to FAA altitude regulations and shall not
intentionally record or transmit images of any location where a person would have a reasonable
expectation of privacy (e.g., residence, enclosure). Operators and observers shall take reasonable
precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable
expectation of privacy. Reasonable precautions include, for example, deactivating or turning imaging
devices away from such area or persons during UAS operations. Inadvertent recording or transmissions
shall not be destroyed except in accordance with the established records retention schedule.
9.10.5 UAS Coordinator
The Chief of Police will appoint a program coordinator who will be responsible for the management of
the UAS program, UAS Coordinator. The UAS Coordinator will ensure that policies and procedures
conform to the UAS program, current laws, regulations and best practices the UAS Coordinator will have
the following responsibilities:
‐ Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and
ensuring that the COA is current and updated as necessary.
‐ Ensuring that all authorized operators and required observers have completed all required
FAA and office‐approved training in the operation, applicable laws, policies and procedures
regarding use of the UAS.
‐ Developing a uniform protocol for requests to deploy a UAS, including urgent requests made
during ongoing or emergency incidents, depending on the type of mission.
‐ Developing protocol for conducting criminal investigations involving a UAS, including
documentation of time spent monitoring a subject.
‐ Developing an operations protocol governing the deployment and operation of a UAS
including, but limited to, safety oversight, use of visual observers, establishment of lost link
procedures and secure communication with air traffic control facilities.
‐ Developing a protocol for fully documenting all missions.
‐ Developing a UAS inspection, maintenance and record‐keeping protocol to ensure
continuing airworthiness of a UAS, up to and including its overhaul or life limits.
‐ Developing protocols to ensure that all data intended to be used as evidence are accessed,
maintained, stored and retrieved in a manner that ensures its integrity as evidence,
including strict adherence to chain of custody requirements. Electronic trails, including
encryption and date and time stamping, shall be used as appropriate to preserve individual
rights.
‐ Developing protocols which are consistent with departmental policies as it pertains to
retention and purge periods.
9.10.6 Use of UAS
Only authorized operators who have completed the required training shall be permitted to operate the
UAS.
Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally
available to the public) is permissible in viewing areas only where there is no reasonable expectation of
privacy or when used in compliance with a search warrant or court order. In all other instances, legal
counsel should be consulted prior to use of vision enhancement technology.
9.10.7 Prohibited Use
The UAS video surveillance equipment shall not be used:
‐ To conduct random surveillance activities
‐ To target a person based solely on individual characteristics, including, but not limited to,
race, ethnicity, national origin, religion, disability, gender or sexual orientation.
‐ To harass, intimidate or discriminate against any individual or group.
‐ To conduct personal business of any type.
The UAS shall not be weaponized.
9.10.8 Retention of UAS Data
Data collected by the UAS shall be retained as provided in the established records retention schedule.
9.10.9 Assisting other Agencies & Callouts
Members of the Department who are selected to operate the UAS will:
+ Assist other agencies who request the use of the UAS; i.e. Law Enforcement, Fire, Ambulance
Agencies, etc. There must be an “In Progress” incident to justify a Callout. When practical, if a request
is made for training or investigation purposes, prior approval can be given by the Patrol Captain, or the
Supervisor in charge of the UAS program when the Captain is not available.
+ Assisting other departments within the City of Stillwater; (i.e. Public Work, Building
Inspections). Requests should be made to the Captain.
+ When responding to a request for the use of the UAS, approval should come from the Patrol
Captain and shouldn’t drop staffing below minimums, unless an emergency exists.
+ UAS operators assigned to the Washington County Swat Tech Team, are allowed to use the
UAS for callouts and monthly trainings. When practical, prior notification shall be provided to the Patrol
Captain.
2019 Truth-in-TaxationBudget MeetingDecember 4, 2018J. Thomas McCartyCity Administrator2019 Truth-in-TaxationBudget MeetingDecember 4, 2018J. Thomas McCartyCity AdministratorCITY OF STILLWATERCITY OF STILLWATER
2019 Budget2019 BudgetThe City of Stillwater provides a wide range of services including:Police & Fire ProtectionBuilding Inspections/Permits, PlanningStreet Maintenance, EngineeringAdministration, Elections, Human ResourcesFinanceSt Croix Valley Recreation Center and Lily Lake Ice ArenaLibraryParks, Community BeautificationSanitary Sewer & Storm SewerSigns & LightingParkingInfrastructure, Capital Improvements
2019 Proposed Operating Revenues*2019 Proposed Operating Revenues*Property Taxes63%Franchise Fees3%Lodging Tax1%Licenses/Permits5%Intergovernmental9%Charges for Services18%Fines & Forfeits0%Miscellaneous1%Revenue TypeAmountProperty Taxes$10,152,425Franchise Fees$468,000Lodging Tax$230,000Licenses/Permits$733,130Intergovernmental$1,419,540Charges for Services$2,842,883Fines & Forfeits$73,500Miscellaneous$213,760Total Operating Revenues$16,133,238* Includes General Fund and budgeted Special Revenue Funds. Excludes Bond Proceeds.
2019 Proposed Operating Expenditures*2019 Proposed Operating Expenditures*Expenditure TypeAmountGeneral Government$4,386,720Public Safety$5,992,893Public Works$1,635,669Culture & Recreation$4,021,511Total Operating Expenditures$16,036,793General Government28%Public Safety37%Public Works10%Culture & Recreation25%* Includes General Fund and budgeted Special Revenue Funds. Excludes Capital Outlay and Debt Service contribution.Public Safety:General Government:Police, FireMayor & City CouncilBuilding InspectionsElections, MISEmergency Management Finance, Lodging TaxPublic Works:Administration, HREngineeringCulture & Recreation:City AttorneyStreetsSpecial EventsPlant/City HallWACO RecyclingLibrary, ParksCommunity DevelopmentCommunity BeautificationUnallocated
Consulting FeesOperating BudgetDepartmentPurposeRequested Proposed Reduced to* RecommendedMayor/Council Lobbyist$25,000 $25,000$0$25,000Administration PW Organizational Review$40,000 $40,000$30,000$40,000CommunityDevelopmentAiple Property Plan$35,000 $17,500$17,500$17,500CommunityDevelopmentBergstein Property Plan$15,000 $15,000$15,000$15,000CommunityDevelopmentEntrance Monument Design$15,000 $15,000$15,000$15,000CommunityDevelopmentComp Plan Ordinance Amendments $25,000 $10,000$10,000$10,000CommunityDevelopmentHPC Matching Funds$5,000 $5,000$5,000$5,000Engineering ADA Study$45,000 $45,000$0$45,000TOTALS $205,000 $172,500 $92,500 $172,500* Possible funding source if SAFER grant was accepted
Property Tax LevyProposed 2019 vs Adopted (Actual) 2018 with trend dataProperty Tax LevyProposed 2019 vs Adopted (Actual) 2018 with trend dataCITY-WIDE LEVY2018Adopted2019Proposed$ Increase/Decrease% Increase/DecreaseGeneral Operating Tax Levy $9,379,459 $10,026,425 $646,966 6.898%Debt Service Tax Levy $3,437,356 $3,773,801 $336,445 9.788%Totals$12,816,815 $13,800,226 $983,411 7.673%$0$2,000,000$4,000,000$6,000,000$8,000,000$10,000,000$12,000,000$14,000,000$16,000,0002010 2011 2012 2013 2014 2015 2016 2017 2018 2019*General Operating Tax LevyDebt Service Tax Levy* Proposed
Significant 2019 Budget ImpactsSignificant 2019 Budget Impacts6.2 % (average) increase in market value from 2018 to 2019 for residential properties7.5% increase in total (City) taxable value15% increase in Health Insurance3% contractual increase in wagesAdditional 1.0 FTEHR Specialist – Starting July1Capital Outlay Bond Issuance2019 Capital Purchases - $2,6664,2502019 Street Project- $450,000
City Property Tax RatesLast 9 Years and Estimated 2019*City Property Tax RatesLast 9 Years and Estimated 2019*0%10%20%30%40%50%60%70%2010 2011 2012 2013 2014 2015 2016 2017 2018 2019*Year Rate2010 49.432%2011 52.539%2012 54.674%2013 61.503%2014 58.216%2015 54.916%2016 56.996%2017 56.927%2018 53.790%2019* 53.998%
LGA and General Property Tax Levy* TrendLGA and General Property Tax Levy* Trend$0$2,000,000$4,000,000$6,000,000$8,000,000$10,000,000$12,000,0002010 2011 2012 2013 2014 2015 2016 2017 2018 2019LGALevy*The Levy presented in this slide does NOT include the Debt Service Levy
Property Tax RateProposed 2019ItemActual Pay 2018Proposed Payable 2019% ChangeProperty Tax Levy $12,816,815 $13,800,226 7.7%Fiscal Disparity Portion of Levy‐$1,369,408 $1,358,127‐0.8%City’s Portion of Levy=$11,447,407 $12,442,099 8.7%City’s Taxable Tax Capacity÷21,428,697 23,041,697 7.5%City Tax Rate=53.421% 53.998% 1.1%Formula: Total City Property Tax Levy City’s Taxable Tax Capacity = City Tax RateThe following assumptions are based on data (which are estimates at this time) provided by Washington County:Assumptions7.5% increasein the City’s Taxable Tax Capacity.0.8% decrease in the Fiscal Disparity Portion of Levy.
Tax ImpactProposed 2019Tax ImpactProposed 2019Actual Payable 2017 Proposed Payable 2018From 2017 to 2018MarketValueTaxCapacityActualCity TaxRateCityProperty TaxTaxableMarketValueTaxCapacityProposedCity TaxRateCityProperty Tax $ Change % Change256,400* 2,422 53.421% $1,293.86 272,300 2,596 53.998% $1,401.79 $107.93 8.3%94,200 654 53.421% $349.37 100,000 718 53.998% $387.71 $38.34 11.0%141,200 1,167 53.421% $623.42 150,000 1,263 53.998% $681.99 $58.57 9.4%235,400 2,193 53.421% $1,171.52 250,000 2,353 53.998% $1,270.57 $99.05 8.5%376,600 3,733 53.421% $1,994.21 400,000 3,988 53.998% $2,153.44 $159.23 8.0%Assumptions6.2% increase in Market Value in Residential Properties from 2018 to 2019Information is based on Residential Homestead PropertiesMarket Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature.*Median value home in Stillwater.Data based on information provided by Washington County
Where Does Your Property Tax Dollar Go?How the City spends each dollar it receives from the tax levyPublic Safety33¢General Government23¢Debt Service21¢Culture & Recreation14¢Public Works9¢Public Safety:Police, FireBuilding InspectionsEmergency ManagementGeneral Government:Mayor & City CouncilElections, MISFinanceAdministration, HRCity AttorneyPlant/City HallCommunity DevelopmentUnallocatedCulture & Recreation:Special EventsLibrary, ParksCommunity BeautificationPublic Works:Engineering, Streets
City of Stillwater Estimated Property Tax Allocation – All Taxing JurisdictionsCity of Stillwater Estimated Property Tax Allocation – All Taxing JurisdictionsCity of Stillwater, 44.21%Washington County, 22.03%Stillwater School District, 30.71%Other Taxing Districts, 3.05%Other Taxing Districts include:Met CouncilMet Council TransitMetro Mosquito ControlBrowns Creek WatershedWashington County HRA
QUESTIONS ???QUESTIONS ???CITY OF STILLWATER
RECOMMENDATION
Staff requests that Council consider the following dates be changed/added:
Charter Commission -set the proposed dates of April 22nd, June 17th and December 9th,
2019.
Planning Commission -change regular monthly meeting dates from the 2nd Wednesday of
each month to the 4th Wednesday of each month.
City Council -change/add the following:
Current Meeting Date
January 1st -New Years Day
January 15th
August 6th -Night to Unite
Additional Budget Workshop Date
ACTION REQUIRED
Suggested Meeting Date
Tuesday, January 8th (7:00 p.m.)
Tuesday, January 22nd (7:00 p.m.)
Tuesday, July 30th (7:00 p.m.)
Tuesday, August 27th ( 4:30 p.m)
Review possible meeting dates and changes and adopt Resolution ADOPTION OF 2019
CITY COUNCIL AND BOARDS/COMMISSIONS MEETING CALENDAR.
ADOPTION OF 2019 CITY COUNCIL AND
BOARDS/COMMISSIONS MEETING CALENDAR
WHEREAS, Sec. 22-1. Council meetings of the City Charter states that the City Council shall
by resolution establish the time and date on which the regular meetings are to be held and may
from time to time by resolution change the time and date of the regular meetings.
NOW THEREFORE, the Stillwater City Council has adopted the attached City Council and
Boards/Commissions meeting calendar for 2019.
Adopted by the Stillwater City Council this 4th day of December, 2018.
Ted Kozlowski, Mayor
ATIEST:
Beth Wolf, City Clerk
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
DECEMBER 4, 2018
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
Administration
Community Services
ITEM
A. Approve the November 20, 2018, County Board meeting minutes.
B. Approve county comments on the creation of Tax Increment Financing
District 1-19 in the City of Cottage Grove.
C. Resolution -Modify the Workforce Development Board member composition.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
Assistive listening devices are available for use in the County Bosrd Room
If you need assistance due to dlseb//ily or languag• barrier, please call (651 J 430-6000
EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER
Current adaptation to several light standards in Downtown Stillwater
Xcel Energy had to cut off the tall lights due to deterioration.
Stillwater Public Works decorated them for the winter season .
Metro Counties Government Center
2099 University Avenue West
Saint Paul, MN 55104-3431
Phone: 651-645-9149
FAX: 651-645-3246
TTY use Minnesota Relay Service
Website: www.mmcd.org
November, 2018
Stillwater City Administrator
Mr. Tom McCarty
216 North Fourth Street
Stillwater, MN 55082
Dear Mr. McCarty,
Enclosed is a summary of work done by the Metropolitan Mosquito Control District (MMCD) in the city of
Stillwater area during the 2018 mosquito control season.
2018 was characterized by heavy snow in April, following by a quick warm-up and a very wet Spring.
Overall, the 2018 season was very similar to 2017. District Staff inspected almost 25,000 breeding sites
for mosquito larvae and applied 189,499 acres worth of treatments which is very similar to the 192,000
acres treated in 2017.
As of the end of October, 2018, the Minnesota Department of Health (MDH) had reported 52 human
WNV illnesses in residents of the state. Fifteen of the individuals reside in the District; eight in
Hennepin County, three in Ramsey County, two in Anoka County, and two in Dakota County. Reports
of 22 WNV positive blood donors have been received by MDH including 11 from residents of the
District. No cases of La Crosse encephalitis were reported in residents of the state. MMCD employees
continued to monitor and control populations of mosquitoes capable of transmitting disease right up until we
received our first frost this fall. MMCD staff also continued to monitor the distribution of ticks capable of
transmitting disease, and worked with the Minnesota Department of Health to provide information designed
to reduce the risk of tick transmitted diseases.
MMCD employees controlled immature black flies in small steams and large rivers throughout the
metropolitan area. At the end of May and again in early July we experienced localized high populations of
black fly (biting gnat) adults associated with the Minnesota River flow being so high that larval treatments
could not be made safely. Black fly adult abundance decreased after treatments resumed in mid-July. To
date this year, 65 black fly larvicide treatments have been made to the rivers and streams in the District,
similar to the 63 treatments completed in 2017.
If you have any questions, or would like to meet to discuss our agency's activities within Stillwater, please
contact me.
Step -n A. Manweiler, Executive Director
Phone: (651) 643-8365
Email: mmcd _ sam@mmcd.org
Metropolitan Mosquito Control District
2017 Activity Summary -Stillwater
Service Summary
Larval Sites Inspected = 185
Larval Mosquito Treatments = 923 .52 acres
Adult Mosquito Inspections = 5 5
Adult Mosquito Treatments= 78.02 acres
Customer Calls = 22
Disease Prevention Property Inspections = 11
Catch Basins Treatments= 3,202
Tires Removed = 409
Special Events
Tire Removal for Stillwater City Clean-up
Areas Regularly Treated
Anez Ridge Park
JC Ball Field
Northland Park
Browns Creek Park
Stillwater County Club
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
NOVEMBER 27, 2018
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
Administration
Public Works
Sheriffs Office
ITEM
A. Approve the November 13, 2018, County Board meeting minutes.
B. Approve reappointment of Anthony Haider, Lake Elmo, to the Valley Branch
Watershed District, to a term expiring November 14, 2021.
C. Approve appointment of Jack Lavold, Cottage Grove, to the South
Washington Watershed District, to a term expiring May 1, 2020.
D. Approve Amendment No. 5 to Lease Agreement 9255 with the Youth Service
Bureau, and Amendment No. 4 to Lease Agreement 9253 with Valley Tours,
Inc. for office space at the Washington County Historic Courthouse.
E. Resolution -Authorize service agreement between Stanley Convergent
Security Solutions, Inc. and the Washington County Sheriffs Office, Jail
Division.
*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.
Asslstive listening devices are a val/able for use in the County Board Room
II you nood assistance duo lo disability or language barrier, please call (651/ 430-6000
EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER