HomeMy WebLinkAbout2020-02-25 CC Agenda Packet Changed due to PNP Election216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
February 25, 2020
REGULAR MEETING 4:30 P.M.
I.CALL TO ORDER
II.ROLL CALL
III.PLEDGE OF ALLEGIANCE
IV.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1.Certificate of Recognition for Building Official Cindy Shilts
V.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.
VI.STAFF REPORTS
2.Police Chief
3.Fire Chief
4.City Clerk
5.Community Development Dir.
6.Public Works Dir.
7.Finance Director
8.City Attorney
9.City Administrator
VII.CONSENT AGENDA – 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.
10.AirGarage Service Agreement for Parking Ramp
11.Declaring 2020 State of Emergency – Resolution
12.Farmers Market 2020 Contract
13.St Croix Boat & Packet Dock Space Permit
14.Stillwater Area Hockey Association Agreement for Ice Time at Rec Center and Lily Lake
15.Tobacco License Trade Name Change for 103 Main St N
VIII.PUBLIC HEARINGS – None
IX.UNFINISHED BUSINESS
X.NEW BUSINESS
16.Electric Vehicle Show
17.Chestnut Street Plaza Design Team Selection
18.Washington County Food Truck Inquiry
19.Street Improvement Assessment Policy Update Discussion
20.Approve Plans & Specs for 2020 Street Improvement Project – Resolution
XI.COUNCIL REQUEST ITEMS
XII.ADJOURNMENT
1
AGREEMENT BETWEEN THE CITY OF STILLWATER
AND THE STILLWATER AREA HOCKEY ASSOCIATION
FOR ICE TIME AT ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE
ICE ARENA
THIS ICE RINK USAGE AGREEMENT, (“Agreement”) is made and entered into
as of the day of 2020, by and between the City of Stillwater (“City”), a
Minnesota municipal corporation, and Stillwater Area Hockey Association (“SAHA”), a Minnesota
nonprofit corporation (each sometimes hereinafter called “party,” and both sometimes collectively
called “parties”).
WITNESSETH:
WHEREAS, the City owns and operates two ice arenas known as the St. Croix Valley
Recreation Center and the Lily Lake Ice Arena (collectively, “the Ice Arena”); and
WHEREAS, the City and SAHA desire to enter into a long-term agreement whereby
SAHA secures ice time for its programs at the Ice Arena, and the City is able to rely on the sale of
a minimum number of hours of ice time during the winter hockey season.
WHEREAS, the parties acknowledge that, in addition to the ice time that is the subject of
this Agreement, SAHA may also separately purchase ice time from the City by mutual agreement of
the parties.
NOW, THEREFORE, in consideration of above recitals, and 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 1
THE AGREEMENT
A. Purposes. The purpose of this Agreement is to define the rights and obligations of City and
SAHA with respect to the availability of ice time at the Ice Arena during each winter hockey
season from September 15 of a calendar year through March 15 of the following calendar year
for the term of this Agreement.
B. Cooperation. City and SAHA shall cooperate and use their best efforts to ensure the most
expeditious implementation of the various provisions of this Agreement. The parties agree in
good faith to undertake resolution of disputes, if any, in an equitable and timely manner.
C. Term. The Initial Term of this Agreement shall commence on the date first written above
and shall terminate on April 1, 2026 (the “Initial Term”). This Agreement shall automatically
renew for additional one-year terms (“Extended Term”) for up to ten (10) years under the
same terms and conditions set forth in this Agreement, unless terminated by either party after
the applicable notice period pursuant to Article 1.D.
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D. Termination. Either party may terminate this agreement by providing at least one year’s
written notice to the other party, which shall be given no later than September 1 of the year
prior to the effective date of termination.
ARTICLE 2
THE ICE ARENA ICE RINK FACILITY USE
A. Facility Administration. City shall be responsible for the operation, administration, and
maintenance of the Ice Arena (including the ice rinks and the c ommon areas) during the Initial
Term of this Agreement.
B. Time Rental Rates. City customarily establishes annual uniform ice time rental rates in
December of the preceding year that are reflected in City’s Fee Schedule and which shall be
applicable to SAHA of the ice time availability provided to SAHA pursuant to this
Agreement. SAHA shall promptly pay City the ice time invoices billed by City; and, in all
events, ice time invoices shall be paid within forty (40) days following receipt by SAHA of
ice time invoices.
C. Ice Time Availability. The parties agree as follows with respect to ice time availability,
between September 15th and March 15th of a winter hockey season (“ice time”):
(1) 2,100 Hours of Ice Time Availability: Beginning on September 15, 2020, and during
the Initial Term and any Renewal Term, City agrees to make 2,100 hours available each
year for reservation to support SAHA ice recreational programs as follows:
(a) Split 50/50 between weekdays and weekends, and
(b) Reserved in 4-hour blocks, if possible.
.
(2) SAHA to Review the 2,100 Hours of Ice Time Reservations to City by June 1 of Each
Year: On or before June 1 of each year, SAHA shall review and use the schedule of ice
time availability provided by City, work with City Staff, and shall provide City with
SAHA’s schedule for a minimum of 2,100 hours of ice time reservations for the usage
hours set forth in Article 2.C. (1) above. SAHA must reserve and pay for at least 2,100
hours annually, whether used by SAHA or not.
(3) Return of Ice Time Availability: City agrees that SAHA shall be allowed to return
scheduled ice time after August 1 each year as long as SAHA provides 90 days’ written
notice to the City prior to the date of the scheduled ice time, and provided however, that
at no point will SAHA’s committed ice buy fall below the 2,100-hour requirement of Arti
ARTICLE 3
REMEDIES
3
If a party fails to perform one or more of its obligations under this Agreement, the non-defaulting
party shall give the defaulting party written notice at the address set forth in this Agreement of the
defaulting party’s failure to perform such obligations, and if the defaulting party fails to commence
to perform the obligation within fifteen (15) business days and diligently pursue, to completion,
the performance of the obligation as quickly as reasonably possible, the defaulting party is in
default under this Agreement (hereinafter a “Default”). Upon the occurrence of a Default, the non-
defaulting party may avail itself of the following remedies after written notice and a reasonable
opportunity to cure:
A. The non-defaulting party may commence a civil action against the defaulting party for the
specific enforcement of this Agreement;
B. The non-defaulting party may initiate a civil action against the defaulting party seeking
damages, equitable relief or such other relief as the Court may deem appropriate;
The defaulting party must pay the non-defaulting party for any and all reasonable costs, including
reasonable attorneys’ fees and court costs, the non-defaulting party incurs in connection with the
non-defaulting party’s exercise of its rights under this Section.
ARTICLE 4
GENERAL PROVISIONS
A. Notices. All notices or communications required or permitted pursuant to this Agreement
shall be either hand delivered or mailed to City and SAHA, certified mail, return-receipt
requested, as the following address:
City: City Administrator
Stillwater City Hall
216 North Fourth Street
Stillwater, MN 55082
SAHA: Stillwater Area Hockey Association
1675 Market Drive, Suite B
Stillwater, MN 55082
Attention: President
Either party may change its address or authorized representative by written notice delivered to the
other party pursuant to this section.
B. Non-Assignability. Neither party shall assign an interest in this Agreement nor shall transfer
any interest in the same, whether by subcontract, assignment or novation, without the prior
written consent of the other party.
C. Amendment. Any alteration, amendment, variation, modification or waiver of the provisions
4
of the Agreement shall be valid only after it has been reduced to writing and signed by all
parties.
D. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this
Agreement on any one occasion by any party hereto shall not constitute a waiver or any rights
and/or remedies in respect to any subsequent breach or default of the terms of this Agreement.
The rights and remedies provided or referred to under the terms of this Agreement are
cumulative and not mutually exclusive.
E. Severability. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary
to law, or contrary to any rule or regulation having the force and effect of law, such decision
shall not affect the remaining portions of this Agreement.
F. Interpretation According to Minnesota Law. This Agreement shall be interpreted and
construed according to the laws of the State of Minnesota.
G. Entire Agreement. This Agreement shall constitute the entire agreement between the parties
and shall supersede all prior oral or written negotiations.
H. Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of
the parties hereto and their permitted assigns, and nothing in this Agreement, express or
implied, is intended to confer upon any other person any rights or remedies of any nature
under or by reason of this Agreement.
I. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original document and together shall constitute one instrument.
J. Captions and Headings. Captions and headings used in the Agreement are inserted only
as a matter of convenience and for reference and in no way define, limit or describe the
scope of the intent of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized representatives as of the day and year first above written.
CITY OF STILLWATER
By:
Ted Kozlowski
Mayor
Attest:
By:
Beth Wolf
City Clerk
6
STILLWATER AREA HOCKEY ASSOCIATION
By:
President
Test Drive – Contingency Plan A (If road near river is flooded but not parking lot)Exit Lot 4 and turn left Turn right on Water StTurn left on Mulberry StTurn right on Main StLeft on MN Hwy 96Left at stop sign (Norell Av N (55))Immediate Left on Stonebridge Trail N (5)Right at stop sign MN Hwy 96 & returnLeft on Mulberry StRight on Water StreetLeft on Myrtle Street
Test Drive – Contingency Plan B (If parking lot is flooded)Move test drive and EV owner vehicles to top floor of city parking ramp. Exit top level left on 3rdStreetRight on Myrtle StLeft on Manning AvRight on Lake Elmo Av and returnRight on 75thSt N (Myrtle St) Left on 3rdStreetRe‐Enter Parking Ramp
Assessment Policy Summary of Other CitiesCity Policy Sidewalks TermPopulation Park Rapids 60% on reconstructions & mill and overlays 50% on sidewalks 15 years4kRobbinsdale 100% not to exceede 6% of prop valuation15KOwatonna25% of project cost plus 15% for engineering, etc..50% on sidewalks 26KHugo Per unit price applies to entire city regardless of cost15KMaplewood Per unit price applies to entire city regardless of cost15 years40KGrand Rapids 30% on Res, 40% on commerical for reconstruction, 40% for all overlays 40% on sidewalks 15 years12KEdina 100%, 20% for MSA roads 15 years52KCottage Grove 45% on everything 15 years37KWinthrop 25% on reconstruction, 100% of curb & gutter 15 years2kNorth Mankato 40% on everything 15 years14KBlaine35% on single famly, 50% multi fam & commercical 65KMoorehead Intersting, primary & secondary benefit areas 15 years38KN. St. Paul Per foot set rate on everything, $20‐$64 is the range 7 years13KW. St. Paul25% on reconstruction, 35% mill & overlay, 10 years20kGolden Valley2019 Residential Special Assessment Rate: $7,200, plus a $30 certification fee10 years22K
Assessment Policy Summary of Other CitiesCity Park Rapids Robbinsdale OwatonnaHugo Maplewood Grand Rapids Edina Cottage Grove Winthrop North Mankato BlaineMoorehead N. St. Paul W. St. PaulGolden ValleySourcehttp://ci.park‐rapids.mn.us/i_want_to/city_clerk/assessment_policy.phphttps://www.robbinsdalemn.com/home/showdocument?id=234https://www.ci.owatonna.mn.us/DocumentCenter/View/2184/Current‐Assessment‐Policy‐PDF?bidId=https://www.ci.hugo.mn.us/vertical/sites/%7BBED5C6A0‐2687‐460F‐9C61‐6B7CCADA2CBA%7D/uploads/Assessment_Policy.pdfhttps://maplewoodmn.gov/DocumentCenter/View/1501/Special‐Assessment‐Policy‐PDF?bidId=https://www.cityofgrandrapidsmn.com/files/Engineering%20&%20Public%20Works/12‐8‐08%20SPEC%20ASSESSMENT%20POLICY‐FINAL.pdfhttps://www.edinamn.gov/DocumentCenter/View/4677/Special‐Assessment‐Policy?bidId=https://www.cottagegrovemn.gov/document_center/Departments/Finance/special‐assessment‐policy.pdfhttps://www.winthropminnesota.com/city/download/city_policies/2015‐05‐Special‐Assessment‐Policy.pdfhttps://www.northmankato.com/sites/default/files/documents/NM%20Assessment%20Policy%20revised%2003‐17‐16.pdfhttps://www.blainemn.gov/DocumentCenter/View/382/Special‐Assessment‐Policy‐PDF?bidId=http://www.cityofmoorhead.com/home/showdocument?id=238https://www.northstpaul.org/DocumentCenter/View/219/Special‐Assessment‐Policy‐PDF?bidId=https://wspmn.gov/DocumentCenter/View/1807/Special‐Assessment‐Policy‐102019?bidId=http://www.goldenvalleymn.gov/streets/pmp/payment‐schedule.php
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
February 25, 2020
REGULAR MEETING 4:30 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Certificate of Recognition for Building Official Cindy Shilts
V. 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.
VI. STAFF REPORTS
2. Police Chief
3. Fire Chief
4. City Clerk
5. Community Development Dir.
6. Public Works Dir.
7. Finance Director
8. City Attorney
9. City Administrator
VII. CONSENT AGENDA – 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.
10. AirGarage Service Agreement for Parking Ramp
11. Declaring 2020 State of Emergency – Resolution
12. Farmers Market 2020 Contract
13. St Croix Boat & Packet Dock Space Permit
14. Stillwater Area Hockey Association Agreement for Ice Time at Rec Center and Lily Lake – available Tuesday
15. Tobacco License Trade Name Change for 103 Main St N
VIII. PUBLIC HEARINGS – None
IX. UNFINISHED BUSINESS
X. NEW BUSINESS
16. Electric Vehicle Show
17. Chestnut Street Plaza Design Team Selection – available Tuesday
18. Washington County Food Truck Inquiry
19. Street Improvement Assessment Policy Update Discussion
20. Approve Plans & Specs for 2020 Street Improvement Project – Resolution
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
STILLWATER CITY COUNCIL
CERTIFICATE OF APPRECIATION
On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City
Council hereby extend recognition and appreciation to
who has received the Association of Minnesota Building Officials '
Minnesota Building Official of the Year Award
Cindy started her career with the City of Stillwater in 1994 and became the Building
Official in 2000. Cindy has given her time and talent to train inspectors and supervise
staff, turning plan reviews and inspection requests around in a timely manner, with a
main goal of achieving a safer built community. Cindy has guided this growing historic
community for the past 20 years with expectional professionalism, profound
commitment to the code enforcement profession,
and for outstanding service in support of the City of Stillwater's mission.
--.:I.Jl ~-
Ted Kozlowski, Mayor
TO: Mayor & Council Members
FROM: Bill Turnblad, Community Development Director
DATE: February 20, 2020
RE: AirGarage service agreement
INTRODUCTION
Since last summer the Downtown Parking Commission and staff have been working on replacing
the gate equipment at the parking ramp with a mobile based revenue system. Proposals were
received from both AirGarage and Passport Parking. In October the Parking Commission
recommended that the City Council award the project to Passport Parking, which the Council did
in November.
Subsequently staff worked with Passport Parking representatives to draft a contract. But, during
that time period Passport’s minimum charge for their Permit Management and Enforcement
Management Modules increased to $18,000 each. Previously there was no minimum fee for the
enforcement module and only a $6,000 minimum fee for the permit module. The result was that
the annual cost of Passport’s services to the City would increase by $30,000.
Consequently the Parking Commission and City Council decided to award the project to
AirGarage.
COMMENTS
Attached are two spreadsheets. The first identifies the costs of the mobile based revenue management
system and the second shows how the costs would impact the parking ramp’s operational budget. In an
average year over the past five years, AirGarage would have cost the City about $16,500. This is only
$1,500 more than the cost of simply replacing the existing mechanical gate system. But, the $1,500 cost
increase is more than compensated for in saved staff time that no longer would need to be spent on
maintaining gate and credit card payment systems, printing parking coupons for the Lowell Inn and other
customers, etc. And, there would finally be a solution to the after-hours calls to the County Dispatch Office
for help to get out of the ramp.
Enforcement procedures deserve a comment or two. AirGarage would mount automatic license plate
recognition (ALPR) cameras at each entrance to the ramp.1 If a driver has not paid for parking within 10
minutes of arrival, the ALPR software would send a message with license plate number to the Parking
Enforcement Officer giving notice of the non-payment. The Parking Enforcement Officer would then issue
the ticket based upon whatever protocol the Police Department has established. No costs would be charged
to the City for the ALPR system. Its costs would be paid by AirGarge out of the transaction fee.
1 An alternate enforcement system offered by AirGarage is the use of “the barnacle”. Essentially this is a windshield
attachment that cannot be removed until the fee/fine is paid on-line.
AirGarage contract
Page 2
You can check out AirGarage and its services on their website https://airgara.ge
REQUEST
City staff requests the Council to review the service agreement and decide whether to execute it.
RECOMMENDATION
The Parking Commission and staff recommend entering into the attached service agreement with
AirGarage. If the Council is satisfied with the agreement, then the Council could vote to authorize
the Mayor and City Clerk to sign it.
bt
attachments: Cost Spreadsheet
Impact on Operating Costs Spreadsheet
Contract
Revenue System Proposals
Cost Comparison
AirGarage (ALPR system; one camera at each entrance)
Hourly customer transaction fee 20%Includes credit card transaction fees
Permit customer management fee (not including Lowell Inn)10%Includes credit card transaction fees
Pay-on-foot station in lobby (for customers w/out handhelds)$10,000 $720 These costs are estimates based on info from Passport Parking
Enforcement: ticket payment fee 25%
ALPR (automatic license plate recognition) hardware $0 Included with AirGarage services; no additional fee to City
Totals I $10,000.00 $15,266.18 Totals I - 20% of avg hourly fee revenue last 5 years + 10% of avg permit fee revenue last 5 years
Totals II $10,000.00 $22,363.80 Totals II - 20% of 2018 hourly fee revenues + 10% of 2018 permit fee revenue
Total I over 8 years (expected life of new equip which costs $120K)$132,129.44 Equipment cost plus 8X city costs
Total II over 8 years (expected life of new equip which costs $120K)$188,910.42 Equipment cost plus 8X city costs
Notes:
1. City could reduce its costs by passing the transaction fee on to the customer. The weekend parking fee would then raise to to $6.00 instead of $5.00
2. Revenues for the parking ramp do not include fees for parking fines.
Municipal Parking Ramp
Revenue System Proposals
Impact on Operating Costs
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Adopted Account Description
$2,502 $36,163 $13,559 $33,380 $10,765 $13,445 $16,570 $13,537 $15,909 $15,684 $18,000 725-0000-3140-0105 Parking Permits
$0 $7,877 $12,627 $10,487 $15,086 $18,620 $18,668 $18,596 $16,884 $20,812 $15,000 725-0000-3140-0110 Parking Permits-Lowell Inn
$0 $0 $140 $0 $0 $0 $0 $0 $0 $0 $0 725-0000-3140-0115 Parking Permits-Events
$0 $0 $26,816 $3,176 $21,856 $31,355 $56,278 $68,046 $84,426 $103,977 $55,000 725-0000-3140-0120 Ramp Revenue-CC & Cash
$0 $0 $0 725-0000-3880-0900 Capital Asset Contributions
$0 $0 $0 725-0000-3910-0461 Transfer In-TIF District #1
$0 $0 $0 725-0000-3910-0720 Transfer In-Parking Fund
$2,502 $44,040 $53,142 $47,043 $47,708 $63,421 $91,516 $100,179 $117,219 $140,474 $88,000 REVENUES
Average transient revenue last 5 years $68,816
Transient revenue in 2018 $103,977
Average permit revenue last 5 years $15,029
Permit revenue 2018 $15,684
2017 2018 2019
Since $120K set aside for new equip to last 8 years, any annualized costs over $15,000 would increase operating Actual Actual Adopted
costs by that amount.$2,679 $0 $2,700 725-4725-1200-0000 Part-Time Salaries
(based on last 5 yrs)(based on 2018)$205 $0 $207 725-4725-1420-0000 FICA/Medicare
AirGarage annualized cost over 8 yrs (ALPR)$16,516 $23,614 $732 $451 $1,000 725-4725-2101-0000 General Supplies
$0 $0 $0 725-4725-2302-0000 Other Minor Equipment
$12,321 $11,353 $8,000 725-4725-3099-0000 Other Professional Services
Cost of new revenue equipment $120,000 $3,457 $3,871 $3,500 725-4725-3101-0000 Telephone
Annualized cost over 8 yrs $15,000 $0 $0 $0 725-4725-3202-0000 Meals
$0 $0 $0 725-4725-3400-0000 Printing And Publishing
So, if we had AirGarage in an average of the past 5 years, the $1,516 cost in addition to the annualized $15,000 $11,465 $11,912 $12,582 725-4725-3500-0000 General Insurance
equipment cost would have increased avg operating costs to $67,712.27. (The avg revenue was $102,562)$14,776 $19,673 $17,000 725-4725-3600-0000 Electricity
$2,993 $8,535 $9,000 725-4725-3702-0000 Equipment Repair Charges
$2,307 $3,052 $3,000 725-4725-3707-0000 Maintenance Agreements
$6,705 $7,325 $7,000 725-4725-3900-0000 Sales Tax
$3,224 $3,305 $3,405 725-4725-3906-0000 Admin Charges-General Fund
$6,250 $17,295 $2,500 725-4725-4099-0000 Miscellaneous Charges
$67,116 $86,772 $69,894 OPERATING EXPENDITURES
2016 $60,756.00
2015 $59,693.00
2014 $56,645.00
5 yr op cost avg $66,196.27
Revenues
Operating Costs
Impact of proposals on operating costs
1
AIRGARAGE SERVICES ORDER FORM
Customer: Contact:
Address:
Phone:
E-Mail:
Services: AirGarage, Inc. (“AirGarage”) will provide website-based services for advertising and leasing the Customer’s
identified parking spaces (the “Service(s)”). AirGarage’s website allows the Customer to register parking spots, set
prices, and connect with drivers (“Drivers”). AirGarage will also provide the initial setup services as detailed in Exhibit
A, and the ongoing services as listed in Exhibit B. Except for the services described in Exhibits A and B, AirGarage is
not responsible for the maintenance and upkeep of Customer’s parking spots.
Services Fees: AirGarage will withhold 20% of hourly /
daily Payments made by Drivers for Customer’s parking
spots and 10% of payments made for long term Permits.
AirGarage will transmit the remaining 80% - 90% to
Customer. All Payments made by the Lowell Inn will be
made directly to Customer and AirGarage will not receive a
percentage of such Payments.
Initial Service Term: The Services will begin on the
Effective Date and will continue for one year unless
terminated by either party upon thirty (30) days’ written
notice.
SERVICES AGREEMENT
This Services Agreement (“Agreement”) is entered into on this ________________ (the “Effective Date”) between
AirGarage, Inc. with a place of business at 1112 Bryant St, San Francisco, CA 94103 (“AirGarage”), and the
Customer listed above (“Customer”). This Agreement includes and incorporates the above Order Form, as well as
the attached Terms and Conditions and contains, among other things, war ranty disclaimers, liability limitations, and
use limitations.
AirGarage, Inc. Customer
By: By:
Name: Name:
Title: Title: Mayor
By: By:
Name: Name:
Title: Title: City Clerk
2
TERMS AND CONDITIONS
1. SERVICES AND SUPPORT
1.1 AirGarage is an online service that connects autom obile
owners (“Drivers”) with parking spot owners (“Spot Owners”).
AirGarage does not own, create, sell, resell, provide, control, or
manage cars, parking spots, Drivers, or Spot Owners. When
Drivers and Spot Owners reach an agreement, they enter into a
contract directly with each other. AirGarage is not and does not
become a party to, or other participant in, the contractual
relationship between Drivers and Spot Owners, nor is AirGarage
a real estate broker or insurer.
1.2 Subject to the terms of this Agreement, AirGarage will
use commercially reasonable efforts to provide Customer the
Services. As part of the registration process, Customer will
identify an administrative user name and password for
Customer’s account with AirGarage. AirGarage reserves the
right to refuse registration of, or cancel, passwords it deems
inappropriate.
1.3 Subject to the terms hereof, AirGarage will provide
Customer with reasonable technical support services in
accordance with the terms set forth in Exhibit C.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer will not, directly or indirectly: reverse
engineer, decompile, disassemble or otherwise attempt to
discover the source code, object code, or underlying structure,
ideas, know-how, design, construction, or algorithms relevant to
the Services or any software, documentation, or data related to
the Services (“Software”); modify, translate, or create derivative
works based on the Services or any Software (except to the
extent expressly permitted by AirGarage or authorized within the
Services); use the Services or any Software for timesharin g or
service bureau purposes or otherwise for the benefit of a third
party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that
Customer will use the Services only in compliance with
AirGarage’s then-current standard policies published on the
AirGarage website (https://airgara.ge/terms/) (the “Policy”) and
all applicable laws and regulations. Customer hereby agrees to
indemnify and hold harmless AirGarage against any damages,
losses, liabilities, settlements, and expenses (including without
limitation costs and attorneys’ fees) in connection with any claim
or action that arises from an alleged violation of the foregoing o r
otherwise from Customer’s use of Services. Although AirGarage
has no obligation to monitor Customer’s use of the Services,
AirGarage may do so and may prohibit any use of the Services it
believes may be (or alleged to be) in violation of the foregoing.
2.3 Customer shall be responsible for obtaining and
maintaining any equipment and ancillary services needed to
connect to, access, or otherwise use the Services, including,
without limitation, modems, hardware, servers, software,
operating systems, networking, web servers and the like
(collectively, “Equipment”). Customer shall also be responsible
for maintaining the security of the Equipment, Customer ’s
account, passwords (including but not limited to administrative
and user passwords) and files, and for all uses of Customer
account or the Equipment with or without Customer’s knowledge
or consent.
3. CONFIDENTIALITY; PROPRIETARY RIGHTS
3.1 Each party (the “Receiving Party”) understands that the
other party (the “Disclosing Party”) has disclosed or may
disclose business, technical, or financial information that is
material to the Disclosing Party’s business (hereinafter referred
to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of AirGarage includes non-public
information regarding features, functionality, and performance of
the Services. Proprietary Information of Customer includes non-
public data provided by Customer to AirGarage to enable the
provision of the Services (“Customer Data”). The Receiving
Party agrees: (i) to take reasonable precautions to protect such
Proprietary Information, and (ii) not to use (except in
performance of the Services or as otherwise permitted herein) or
divulge to any third person any such Proprietary Information.
The Disclosing Party agrees that the foregoing shall not apply
with respect to any information after five (5) years following the
disclosure thereof or any information that the Receiving Party
can document (a) is or becomes generally available to the public,
(b) was in its possession or known by it prior to receipt from the
Disclosing Party, (c) was rightfully disclosed to it without
restriction by a third party, (d) was independently developed
without use of any Proprietary Information of the Disclosing
Party, or (e) is required to be disclosed by law.
3.2 Customer shall own all right, title, and interest in and to
the Customer Data. AirGarage shall own and retain all right, title,
and interest in and to (a) the Services and Software, all
improvements, enhancements, or modifications thereto, (b) any
software, applications, inventions, or other technology developed
in connection with Services or support, and (c) all intellectual
property rights related to any of the foregoing.
3.3 Notwithstanding anything to the contrary, AirGarage
shall have the right to collect and analyze data and other
information relating to the provision, use, and performance of
various aspects of the Services and related systems and
technologies (including, without limitation, information
concerning Customer Data and data derived therefrom), and
AirGarage will be free (during and after the term hereof) to (i)
use such information and data to improve and enhance the
Services and for other development, diagnostic, and corrective
purposes in connection with the Services and other AirGarage
offerings, and (ii) disclose such data solely in aggregate or other
de-identified form in connection with its business. No rights or
licenses are granted except as expressly set forth herein.
3
4. PAYMENT OF FEES
4.1 Drivers will pay AirGarage the applicable price as listed
by AirGarage on its website for the use of designated parking
spots (the “Payment”). AirGarage will withhold 20% of hourly /
daily Payments made by Drivers for Customer’s parking spots
and 10% of payments made for long term Permits. AirGarage
will transmit the remaining 80% - 90% to Customer. All
Payments made by the Lowell Inn will be mad e directly to
Customer and AirGarage will not receive a percentage of such
Payments.
4.2 AirGarage will disburse the owed amounts to Customer
by the fifth (5th) day of each month for all money accrued in the
previous month (the “Disbursement”). If Customer believes that
the Disbursement is incorrect, Customer must contact AirGarage
no later than 60 days after the Disbursement. Inquiries should be
directed to AirGarage’s customer support department.
4.3 AirGarage shall be responsible for ensuring the security,
privacy, and legal compliance of the Payments. Customer
assumes no responsibility for the Payments made by Drivers to
AirGarage.
5. TERM AND TERMINATION
5.1 This Agreement is for the Initial Service Term as
specified in the Order Form, and shall be automatically renewed
for additional periods of the same duration as the Initial Service
Term (collectively, the “Term”).
5.2 Both AirGarage and Customer can terminate this
Agreement for any cause upon thirty (30) days’ written notice.
5.3 In addition to any other remedies it may have, either
party may also terminate this Agreement upon thirty (30) days’
written notice (or without notice in the case of nonpayment), if
the other party materially breaches any of the terms or conditions
of this Agreement. Customer will pay in full for the Services up
to and including the last day on which the Services are provid ed.
Upon any termination, AirGarage will make all Customer Data
available to Customer for electronic retrieval for a period of
thirty (30) days, but thereafter AirGarage may, but is not
obligated to, delete stored Customer Data. All sections of this
Agreement which by their nature should survive termination will
survive termination, including, without limitation, accrued rights
to payment, confidentiality obligations, warranty disclaimers,
and limitations of liability.
6. DISPUTE RESOLUTION
6.1 Any and all disputes arising out of this Agreement shall
be governed by Minnesota law.
6.2 In the event of a dispute, Customer and AirGarage shall
first convene to attempt to resolve the dispute through informal
meetings and discussions.
6.3 Any and all disputes arising out of this Agreement that
cannot be resolved by the parties through an informal meeting
process shall be resolved by binding arbitration. Arbitrations
shall be conducted by the American Arbitration Associatio n
(AAA) pursuant to its Consumer Arbitration Rules and shall take
place in Minnesota.
6.4 In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs
and attorneys’ fees.
7. WARRANTY AND DISCLAIMER
AirGarage shall use reasonable efforts consistent with
prevailing industry standards to maintain the Services in a
manner that minimizes errors and interruptions in the Services
and shall perform the Services in a professional and workmanlike
manner. Services may be temporarily unavailable for scheduled
maintenance or for unscheduled emergency maintenance, either
by AirGarage or by third-party providers, or because of other
causes beyond AirGarage’s reasonable control, but AirGarage
shall use reasonable efforts to provide advance notice in writing
or by e-mail of any scheduled service disruption. HOWEVER,
AIRGARAGE DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES IT MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS
SECTION, THE SERVICES ARE PROVIDED “AS IS” AND
AIRGARAGE DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
8. LIMITATION OF LIABILITY
8.1 NOTWITHSTANDING ANYTHING TO THE
CONTRARY, AIRGARAGE AND ITS SUPPLIERS
(INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT
AND TECHNOLOGY SUPPLIERS), DIRECTORS,
OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS, AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS
AND CONDITIONS RELATED THERETO UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF
USE OR FOR LOSS OR INACCURACY OR CORRUPTION
OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES; (C) FOR ANY MATTER BEYOND
AIRGARAGE’S REASONABLE CONTROL; OR (D) FOR
ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS
ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE
FEES PAID BY CUSTOMER TO AIRGARAGE FOR THE
SERVICES UNDER THIS AGREEMENT IN THE 12
MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE
LIABILITY, IN EACH CASE, WHETHER OR NOT
AIRGARAGE HAS BEEN ADVISED OF THE POSSIBILITY
4
OF SUCH DAMAGES.
8.2 CUSTOMER ACKNOWLEDGES THAT
AIRGARAGE IS A SERVICE PROVIDER THAT CONNECTS
DRIVERS WITH CUSTOMER AS A SPOT OWNER AND
THAT AIRGARAGE ASSUMES NO RESPONSIBILTY FOR,
NOR LIABILITY FOR, ANY INTENTIONAL OR
UNINTENTIONAL DAMAGE CAUSED TO CUSTOMER BY
DRIVERS.
9. MISCELLANEOUS
9.1 This Agreement does not, and shall not be construed to,
create any partnership, joint venture, employer-employee,
agency, or franchisor-franchisee relationship between Customer
and AirGarage. Customer does not have authority of any kind to
bind AirGarage in any respect whatsoever.
9.2 The Services are non-exclusive; AirGarage retains the
right to enter agreements with other customers.
9.3 Customer warrants that it possesses the legal authority
to enter into a binding legal obligation and that Customer will
only use Services to make legitimate transactions with Drivers.
9.4 Customer warrants that all information Customer has
provided pursuant to this Agreement, and that Customer will
provide in the future to AirGarage for the rendering of services,
is true, accurate, current, and complete.
9.5 If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and
enforceable. This Agreement is not assignable, transferable, or
sublicensable by Customer except with AirGarage’s prior written
consent. AirGarage may transfer and assign any of its rights and
obligations under this Agreement without consent. This
Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all
previous written and oral agreements, communications, and other
understandings relating to the subject matter of this Agreement.
All waivers and modifications must be in a writing signed by
both parties, except as otherwise provided herein. All notices
under this Agreement will be in writing and will be deemed to
have been duly given when received, if personally delivered;
when receipt is electronically confirmed, if transmitted by
facsimile or e-mail; the day after it is sent, if sent for next day
delivery by recognized overnight delivery service; and upon
receipt, if sent by certified or registered mail, return receipt
requested.
5
EXHIBIT A
Setup Services
Preparation of physical signage for parking spots
Designation of parking spots for rent
Creation of parking spot listing on website
Customer training (as necessary)
6
EXHIBIT B
Ongoing Services
Advertise Customer’s parking
Provide an online dashboard for Customer to control the number of parking space s available for rent
Provide a system to allow Customer to register the vehicles of pre-approved
drivers that are not using AirGarage’s services
Enforce Customer’s parking spots for Driver non-payment
7
EXHIBIT C
Support Terms
AirGarage will provide Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 9:00
am through 5:00 pm California time with the exclusion of Federal Holidays (“Support Hours”).
Customer may initiate a helpdesk ticket during Support Hours by calling 480-401-2401 or any time by emailing support@airgara.ge.
AirGarage will use commercially reasonable efforts to respond to all Helpdesk tickets within two (2) business days.
RESOLUTION DECLARING A STATE OF EMERGENCY
WHEREAS a major flood event is predicted to impact the population of the City of
Stillwater; and
WHEREAS the flooding event can cause a significant amount of damage to both public and
private property damage; and
WHEREAS the Mayor of the City of Stillwater requests the Stillwater City Council to declare
the City of Stillwater in a STATE OF EMERGENCY for the flooding event of 2020;
NOW, THEREFORE, BE IT RESOLVED, that the Stillwater City Council declares the City of
Stillwater in a State of Emergency for conditions resulting from the major flood event of
2020.
BE IT FURTHER RESOLVED that this State of Emergency will remain in effect until the
emergency status no longer requires emergency response and recovery efforts.
Adopted by the City of Stillwater City Council this 25th day of February 2020.
________________________________
Ted Kozlowski, Mayor
ATTEST:
I, Beth Wolf, City Clerk, hereby attest that the foregoing resolution was duly adopted by the
Stillwater City Council this 25th day of February 2020.
____________________________________________
Beth Wolf, City Clerk
Date: February 20, 2020
TO: Mayor and Council
FROM: Beth Wolf, City Clerk
SUBJECT: 2020 Farmer’s Market Event & Contract
Attached is the 2020 Farmer’s Market Event application and draft contract. The event will be
similar to years past at the Riverview Lot. The event pays for 1/3 of the portable restroom costs
and for an additional trash container according to the 2020 fee schedule.
ACTION REQUIRED:
If Council wishes to approve the special event and contract they should pass a motion approving
the 2020 Farmer’s Market Special Event and Contract.
STILLWATER FARMER’S MARKET
2020 AGREEMENT
THIS AGREEMENT made this 25th day of February 2020 between the CITY OF STILLWATER,
Washington County, Minnesota (“City”) and STILLWATER FARMER’S MARKET ASSOCIATION, c/o Beverly
Friendt, its President, 3503 Long Lake Road E, Pine Springs, MN 55115 (“Farmer’s Market”).
1. Location. The City of Stillwater has authorized the Farmer’s Market to use the parking lot located
on the corner of Third and Pine Street for the purpose of conducting a farmer’s market where
vendors will offer agricultural goods and related merchandise for sale to the public. Substantial
changes in the layout/format/duration of the Event will not be made by the Organizer at any time
without advanced notice to the City.
2. Dates and Hours of Event. Operations are limited as follows:
a. Saturdays, June 13 through October 31 of the year 2020
b. Set-up begins at 6:30 a.m.
c. Event Time: 7:30 a.m. – 12:00 p.m. (Noon)
d. Clean-up finished by 12:30 p.m.
3. Insurance, Hold Harmless, and Indemnity. Organizer agrees to indemnify and hold harmless the
City with regard to any claims, causes of action or demands that might be brought against the City
arising out of the events authorized by this Agreement; and further, Organizer agrees to provide to
the City evidence of insurance coverage of at least the amount of the maximum liability of the city
as set forth from time to time in Minnesota Statutes Section §466.04, covering claims that might
be brought against them that arise out of the events authorized by this Agreement and to name the
City as an additional insured on their policy “as their interest may appear” by no later than three
(3) weeks before the event.
4. Signs. Market signage must be approved by the Community Development Director including the
size and location of signs and banners.
5. Parking Lots. Organizer is aware and will inform all vendors and event participants that staking
into the asphalt, etc. is not allowed (any damage repair will be paid for by the organizer).
6. Portable Toilets/Trash Container. The City will provide a toilet for use of vendors and patrons
throughout the period of their use. The portable toilet will be located in the upper parking lot on
Fourth Street. The Farmer’s Market shall reimburse the City for an extra trash container and one–
third (1/3) of the seasonal costs of the portable restroom, which is due three (3) weeks before the
start of the events.
7. Term. The term of this Agreement will be for one year unless terminated earlier by the City on
public safety grounds.
8. The Application for the Event as submitted by the Organizer is considered part of this Contract
and any representations of the Organizer or conditions imposed by the City are restated as if fully
set forth in this Agreement.
IN WITNESS WHEREOF, the parties have set their hands effective the day and year first
written above.
CITY OF STILLWATER
Ted Kozlowski, Its Mayor
ATTEST:
Beth Wolf, City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day of _________________,
by Ted Kozlowski, Mayor, and Beth Wolf, Clerk, for the City of Stillwater.
Notary Public
STILLWATER FARMER’S
MARKET ASSOCIATION
By
Beverly Friendt, Its President
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day of _________, 2020, by
Beverly Friendt, the President and duly authorized agent for Stillwater Farmer’s Market Association.
Notary Public
EVENT USES ENTIRE UPPER LOT FOR THE EVENT
EVENTS PERMIT APPLICATION RECEIVED
THE IIITHPLACE Of •INNlSGTA
21.6 North 4th Street, Stillwater, MN 55082
Telephone: 651.-430-8837 Fax: 651.-430-881.0
JAN 1 5 2020
Incomplete applications or applications received after deadline will not be
accepted. See Event Instructions for application deadline and fees.
Date of Application: /,-A/~ J
Event Information
Title/Name of Event
Event Date/Time: Set up: Date _~_.-·/-__ '..:? _________ _
Actua I Event: Date b_.,,..,../.....,;r,,__ _ _,1~/i..,./J......._'~,j.J-:.'>...LJ __ _
Clean up: Date ___________ _
Location (Address) of Event:
(If In Lowell Park please specify north or south Lowell park)
City of Stillwater
Office use Only Administration
Date Application Received ------
Type: Event Special Event Event w/ Contract
Time & ,' ,90
Time 7 -11 -{0
Time )d ~ If
;; ' -:J/) to .-Y
to {;ii: ,vi
to /A; ~:;a .,
(Events after 10:00 p.m. require a variance from City Council
Description of Ev;yt (please be specific -this Information w i ll be used to pro~t~_:-e~n the City of Stl!;rater~bsite) , k· v</ /(t-,;t/c5 cJ/2.-5' J~,)/1 '/ j rf' ,t:CIC/i1 (!rz-/ p 1v ~ 710 ·
l1J L n 7; stf//'&y J .:f/ !P11!f1 /) / / ,/Yt//t-e
Estimated Attendance (participants and spectators): Z
Applicant Information (Person/Group Responsible)
Sponsoring Organization Name:
Mailing Address: J _5,l}..j'
City, State, Zip Code:
Phone Number: Cell Phone:
Email Address:
Website Address:
Name of contact person during even · Cell Phone:
Alternate contact during event: Cell Phone:
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 D Yes .~ Number and size:
Will there be any inflatables? No ~ Yes D Insurance certificate from rental vendor is required
Will there be entertainment? No D Yes D What type: 5o 1 ·?/ c::_ -;:: /fl e-.(..
Fees for electricity may
apply see Instructions
Will sound amplification be used? No D Yes~ Hours and Type :
Will a stage or tent(s) be set up? No -~ Yes 0 Dimensions:
Will there be temporary fencing? No p Yes D
Will merchandise/food items be sold? No D Yes 7'1 How many Fees for electricity may
vendors expected: j apply see Instructions
Will food be prepared on site? No D Yes~ Contact Washington County Health Department, 651-430-6655
Will cooking operations be conducted? No D Yes ~ Cantact Stillwater Fire Department, 351-4950
Will alcohol be served but not sold? No ¢ Yes D See Alcohol Regulations In the Instructions
Will alcohol be sold? No ~ Yes 0 See Alcohol Regulations In the Instructions
Will there be a fireworks display? No tfil Yes D Permit required, contact Stillwater Fire Department, 651-351 -4950
Describe power needs and location of power source.
El-<-c_f-;</ L
Des~e lev.,f advertisement (ie , radio, flyers, ads, tv, press release). Attach sample if available
t1-t l. , ,;/ I? 7 ;1-2 t // L--
City Services (After reviewing the event appllcatlon, City services may be requrled 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 1;fl Yes D Start/End Time: Date :
City Sidewalks or Trails No ~ Yes 0 Start/End Time: Date:
Public Parking Lots or Spaces No D Yes~· Start/End Time: Date :
Will event need barricade(s)? No ~ Yes D Number needed : Fees may apply
see Instructions
Will extra picnic tables be needed? No ~· Yes 0 Number needed: Fees may apply
see Instructions
Will portable restrooms be needed? No D Yes tX) Number needed_#'/JH' /) 1 , {!ftlf) Fees may apply
see Instructions
< V
Will extra trash receptacles be needed? No D Yes 9'" Number needed: J Fees may apply
see Instructions
Describe trash removal and cleanup plan during and after event:
Will event need traffic control? No '3ri Yes D Contact St/I/water Police Department for assistance, 651-351-4900
Describe crowd control procedure to ensure the safety of participants and spectators:
Will "No Parking Signs" be needed? No w Yes D Number needed : Fees may apply see Instructions
Show locatlon(s) on site map
Will event need security? No if Yes D If event is overnight, security will be required.
If using private secruity, list Security Company and Contact Information:
Will event need EMS servioes? No~ Yes D Contact Lakeview EMS, 651 -430-4621
Desc r i be pl ans t o provid e fi rst aid, if need ed:
61/ c-3J/l'J/ ,?y.rc~/L ~ )' (!_<2---tJ /2. 91/
Des cr ibe the eme rgency acti o~n iMe w ea!her shou ld ari se: d, m m tf 11/1 ;21 '.K /i-i/1, ~ ~/V ~'// 7.J4r& _j_)v4JP
/ J::-fJ -e. 12-(t, }3 e_ .
List any other pertinent information:
The sponsor(s) of this event hereby agrees to save the City, its agents, officio ls and employees harmless from and against all damages to
persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event o
"Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the
statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to
name the City as an addi tional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify
that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the
information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the
City of Stillw ter and is a releos of Lipbillty.
~ ___,,/_-........... .1 ___ ~-...c-~ef-'/,} ___ _
Date
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. . · ..
DATE: February 19, 2020
TO: Mayor & Council Members
APPLICANT: St. Croix Boat & Packet
REQUEST: Annual review of St Croix Boat & Packet dock permit
PREPARED BY: Bill Turnblad, Community Development Director
BACKGROUND
Two conditions attached to the St. Croix Boat & Packet Company’s special use permit (SUP) are
that the company must: 1) receive a dock permit from the City annually; and 2) allow the
“Gondola on the St. Croix” to use the transient portion of the company’s dock for wharfage.
The St Croix Boat & Packet Company keeps six excursion boats at their two privately owned
docks. Five of them are kept at the dock which is accessed over property that they own. The
sixth excursion boat is kept at the dock that is accessed over property leased from the City. All
six excursion boats are permitted in this configuration by the 2015 DNR permit. The facilities
and geographic details can be seen on the attached exhibit.
In addition, according to a lease agreement with St. Croix Boat & Packet as well as the dock
permit issued by the DNR in 2015, the City offers 18 transient slips from the facility.
St. Croix Boat & Packet Passenger Trips
The total number of passengers in 2019 was 103,445 compared with 112,311in 2018. The total
number of excursion boats has remained six. And, the gondola company continues to operate
from the St. Croix Boa & Packet dock.
2019 Data
Boats
Charters Excursions Totals
Trips Passengers Trips Passengers Trips Passengers
Jubilee II 65 4,581 2 210 67 4,791
Majestic Star 75 14,597 12 2,376 87 16,973
Anastasia 107 4,531 6 212 113 4,734
Andiamo Showboat 99 7,896 42 2,970 141 10,886
Empress Andiamo 48 5,064 146 12,189 194 17,253
Avalon 32 12,352 144 36,467 176 48,819
Total 426 49,021 352 54,424 778 103,445
Permit fee
The 2020 dock permit rate is proposed to remain the same as in 2019 at $1,700.00 for each
excursion boat. For all six boats the total cost would be $10,200.
STAFF RECOMMENDATION
Staff recommends City Council approval of the 2020 dock permit, which is attached
bt
attachment: 2020 Dock Permit
2020 DOCK PERMIT
Pursuant to Chapter 48.6 of the Stillwater City Code, the Stillwater City Council ("City")
hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the
following terms and conditions:
1. LOCATION.
The Dock may be maintained in the St. Croix River south of East Nelson Street.
2. OTHER RULES.
The company must abide by the rules and regulations and permit conditions of the
Corps of Engineers of the United States Army and the Minnesota Department of Natural
Resources. Any charter or excursion vessels carrying passengers for hire and using
docks must abide by applicable U.S. Coast Guard regulations.
3. NO GAS PUMPS.
No gas pump may be located on the dock.
4. NO DISCRIMINATION.
The Company may not discriminate against any person on the basis of race, creed,
national origin, sex or social status.
5. WATER FRONT REGULATIONS.
The Company must abide by all rules and regulations and restrictions set forth in
Chapter 48.6 of the Stillwater City Code relative to the waterfront.
6. SPECIAL USE PERMIT.
The Company must abide by the conditions as set forth in the Special Use Permit
(SUP/88-00) issued to Company by the Stillwater City Council, dated July 18, 2000.
7. SCHEDULE OF FEES AND REPORT OF ACTIVITY.
Upon request of the City, the Company must submit a schedule of fees charged for the
transient boat docking and a report summarizing the boating activity for the year. The
activity report must state the number of boating trips made each week and the number
of passengers carried during the week.
8. INSURANCE
The Company must provide to the City proof that it has obtained liability insurance
coverage of at least the statutory limits for municipalities covering claims arising out of a
single occurrence, covering claims arising out of the activates authorized by this permit,
and to name the City as an additional insured on this policy "as their interest may
appear".
9. PUMP OUT PRIVILEGES.
The Company must provide pump-out privileges for marine heads for any boater
requesting this privilege at the same rate and fee charged to boats that are moored at the
dock for a fee.
10. INSPECTIONS.
The City reserves the right to request inspections of heads, electrical systems or other
unsafe conditions on or about the dock or any vessel moored thereto.
11. USAGE.
The moorage at the dock facilities is limited to six charter/excursion boats and one
service boat not exceeding 26 feet in length. The Company must accommodate a
reasonable number of public "walk on" passengers and Company must also
accommodate a reasonable number of transient boats. In no event may the number of
boats or vessels exceed the moorage limitation contained in the permits issued by the
U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources.
12. PERMIT FEE.
The annual permit fee is $1,700.00 for each of the six charter/excursion boats that may
be docked at this site. The total permit fee for 2020 shall be $10,200.00.
13. TRANSIENT BOATS
Transient boats are defined as vessels that use the dock as a stopover privilege on a trip
that does not originate from the dock. “Bareboat” charter vessels are considered
transient boats if the origination of the trip, including loading of passengers, takes place
elsewhere.
14. PARKING.
The City reserves the right to request the Company's assistance in assuring that patrons
and guests of the Company will park in a designated municipal parking lot.
15. FIRES.
No person may build a fire in any area of the docking premises or in any vessel moored
at the dock.
16. OBSTRUCTIONS.
The City does not by granting this permit accept any responsibility for dredging the
dock area or making the dock area free from obstructions or other hazards to navigation.
17. STORAGE.
The City is not responsible for storage of the docks during the off-season and the
Company must abide by any decision of the City with regard to storage.
18. RESERVATION OF RIGHTS.
The City reserves the right to add or amend these rules when needed to protect the
health, safety and welfare of the City.
19. DURATION.
The duration of this permit is from January 1, 2020 through December 31, 2020.
20. TERMI NATION.
This permit may be terminated by the City at any time it is deemed necessary for the
protection of the public safety, health or welfare or for a violation of any conditions of
this permit.
Dated this _______ day of February, 2020
CITY OF STILLWATER
By: _________________________
Ted Kozlowski, Mayor
Attest: _____________________
Beth Wolf, City Clerk
Date: February 20, 2020
TO: Mayor and Council
FROM: Beth Wolf, City Clerk
Subject: Tobacco Licensee Name Change (DBA/Trade Name)
Old Town BP to To Go Amoco – Stillwater BP Inc.
A request for a Tobacco License Business Name (DBA/Trade Name) Change from Old Town BP
to To Go Amoco located at 103 Main St N has been received from Stillwater BP Inc. The
corporate information (Licensee Name) will remain Stillwater BP Inc.
Name changes, Licensee Name (Corp. LLC etc.) or DBA/Trade Name Changes, require
updated applications and changes to the establishment’s license(s) at the City and State.
ACTION REQUIRED:
If approved, Council should pass a motion approving business name (dba/trade name) change
of Old Town BP to To Go Amoco.
Date: February 21, 2020
TO: Mayor and Council
From: Beth Wolf, City Clerk
Subject: Electric Vehicle Show
Sustainable Stillwater MN has made application to organize an Earth Day event in
downtown Stillwater at the Waster St Inn. As part of the event the group would like to
feature an Electric Vehicle Car Show in Water Street Inn’s parking lot and use Parking Lot 4
to hold test drives of the electricc vehicles and to have reserved parking spaces for the
event. The test drives included a route on Sam Bloomer Way to Parking Lot 1 where they
turn around and return by same route (see map).
The Downtown Parking Commission has reviewed the event and recommends approval to
reserve parking lot 4. In case of high water, plan B would be to reserve the 4th level of the
parking ramp and submit a revised route for the test drives to City staff to review and
approve.
Fees for reserving the parking lot will be charged according to the 2020 Fee Schedule. The
Organizer must provide insurance, coordinate with City departments and pay for City
materials.
ACTION REQUIRED:
If Council wishes to approve the special event they should pass a motion approving the
2020 Electric Vehicle Show subject to coordination of the event to meet the City’s
requirements.
er EVENTS PERMIT APPLICATION
TNt UlfNPLACI o, MINNl&OTA
216 North 4th Street, Stillwater, MN 55082
Telephone: 651-430-8837 Fax: 651-430-8810
JAN 2 1 zozo
Incomplete applications or applications received ofter deadline will not be
accepted. See Event Instructions for application deadline and fees.
January 22, 2020
Date of Application:-------------
Event Information
Title/Name of Event Drive Electric Electric Vehicle Show
April 22
Event Date/Time: Set up: Date
Actual Event: Date
April 22
April 22
Clean up: Date
Office use On/II City Of St .
Date Appllcatlon Re ceived ""'°"' 'n~ if/water
""""'fflt1 I ffgtl
Type: Event Special Event Event w/~t1i tract
10AM 2 PM
Time to
2PM 8PM
Time to
8PM 9 PM
Time to
(Events after 10:00 p.m . require a variance from City Council
Location (Address) of Event: Parking Lot #4 and Water Street Inn, 101 Water St S, Stillwater, MN 55082
(If in Lowell Park please specify north or south Lowell park)
Description of Event (please be specific -this information will be used to promote the event on the City of Stillwater website)
The Drive Electric Earth Day celebration will be organized by Sustainable Stillwater MN (sustainablestillwatermn.org) and
hosted by The Water Street Inn. The event will feature an electric car show in Water Street Inn's parking lot, and an indoor
Earth Day Fair with tables for exhibiters in their north-facing conference rooms off the lobby in the new addition. Exhibitors will
include Sustainable Stillwater MN and its Workgroup's campaigns, EV enthusiast groups, EV car dealers, EV product dealers,
and other environmental and eco-friendly nonprofit organizations. Lot 4 will be used for dealership sponsored test drives of
their EV and parking for EV owners selected to speak with EV show goers regarding their EV experience.
Estimated Attendance (participants and spectators): 500-1000
Applicant Information (Person/Group Responsible)
Sponsoring Organization Name: Sustainable Stillwater MN
Mailing Address: 927 Northland Ave
City, State, Zip Code: Stiillwater, MN 55082
Primary Contact/Applicant Name: Kevin Tholen
Phone Number: 651-491-2967 Fax: Cell Phone: 651-491-2967
Email Address: kevintholenminn@gmail.com
Website Address: sustainablestillwatermn.org
Name of contact person during event: Kevin Tholen Cell Phone: 651-491-2967
Alternate contact during event: Wendy Gorski Cell Phone: 612-244-1560
Refer media or citizens inquires to: Wendy Gorski Phone: 612-244-1560
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 D Yes l&I Number and size: One 2.5 x 3.5 feet sandwich board
on sidewalk. Water St Inn Banners
Will there be any inflatables? No l&1 Yes D Insurance certificate /ram rental vendor is required
Will there be entertainment? No IX! Yes D What type: Fees for electricity may
apply see Instructions
Will sound amplification be used? No jg] Yes D Hours and Type:
Will a stage or tent(s) be set up? No IX! Yes D Dimensions:
Will there be temporary fencing? No !Kl Yes D
Will merchandise/food items be sold? No !Kl Yes D How many Fees for electricity may
vendors expected: apply see ln slructlo ns
Will food be prepared on site? No IX! Yes D Contact Washington County Health Deportment, 651-430-6655
Will cooking operations be conducted? No IX! Yes D Contact St/I/water Fire Deportment, 351-4950
Will alcohol be served but not sold? No jg] Yes D See Alcohol Regulations in the Instructions
Will alcohol be sold? No l&I Yes D See Alcohol Regulations In the Instructions
Will there be a fireworks display? No !&I Yes D Permit required, contact Stillwater Fire Deportment, 651 -351-4950
Describe power needs and location of power source.
None
Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available
Press release, newspaper ads and stories, storefront signs, group emails, FaceBook, local TV
City Services (After reviewing the event application, City services may be .requrled 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 ~ Yes D Start/End Time: Date:
City Sidewalks or Trails No I&) Yes D Start/End Time: Date:
Public Parking Lots or Spaces D ~ Start/End Time: 9AM-9 PM Date: April 22, 2020 No Yes
Will event need barricade(s)? No D Yes l&I Number needed: 1 Fees may apply
see Instructions
Will extra picnic tables be needed? No ~ Yes D Number needed: Fees may apply
see Instructions
Will portable restrooms be needed? No 1K) Yes D Number needed: Fees may apply
see Instructions
Will extra trash receptacles be needed? No ~ Yes D Number needed: Fees may apply
see Instructions
Describe trash removal and cleanup plan during and after event:
Cleanup will be done by Sustainable Stillwater volunteers
Will event need traffic control? No [gi Yes D Contact Stillwater Po/Ice Department far assistance, 651-351-4900
Describe crowd control procedure to ensure the safety of participants and spectators:
Although 500 -1000 people are expected, this will be over a six hour period. Crowds are not expected to be an issue.
Will "No Parking Signs" be needed? No I&) Yes D Number needed : Fees may apply see Instruct/ans
Show locotion(s) on si te mop
Will event need security? No 1K) Yes D If event is overnight, security will be required.
If using private secruity, list Security Company and Contact Information:
Will event need EMS services? No I&) Yes D Contact Lakeview EMS, 651-430-4621
Describe plans to provide first aid, if needed :
First Aid kit at the Water Street Inn
Describe the emergency action plan if severe weather should arise:
Show goers and participants move inside the Water Street Inn
List any other pertinent information:
Request all Parking Lot 4 spaces for this event
The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to
persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a
"Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the
statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to
name the City as an additional Insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify
that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the
Information provided in this application . I realize my submittal of this application request constitutes a contract between myself and the
City of Stillwater and is a release of Liability.
-~~ ho,/,edAgent
Jan.20,2020
Date
Dealer vehicles in the Water Street Inn
Parking Lot #6
Test drive vehicles and parking spaces
for EV owners that are selected to
discuss their EV experience in City lot #4
Test drive map on following page.
Barricade at the entrance of City Lot #4.
EHV1ME
Test Drive
Exit the Lot 4 and turn right towards
gazebo, then take road along the river
towards the Dock Cafe, then out on
Nelson Street and left on Main Street.
Return by the same route.
This avoids potential safety issues if
there EV show is extremely busy.
DATE: February 20, 2020
TO: Mayor & Council Members
SUBJECT: Selection of design and construction administration team for
Chestnut Street Plaza
MEMO FROM: Bill Turnblad, Community Development Director
Proposals for design of the Chestnut Street Plaza and construction administration are due by 3
o’clock on Friday, February 21st. The City Administrator, City Engineer and I will review the
proposals and develop a selection recommendation on Monday the 24th. It is our goal to share
the recommendation and materials by Monday evening.
bt
DATE: February 21, 2020
TO: Mayor & Council Members
SUBJECT: Washington County food truck inquiry
FROM: Bill Turnblad, Community Development Director
BACKGROUND
The cafeteria at the Washington County Government Center lacks the space and commercial
kitchen equipment necessary to cook food on-site. So, until November 1, 2019 the contracted
food service provider for the Law Enforcement Center also made limited breakfast and lunch
items available for sale in the Government Center cafeteria. However, the cafeteria offerings
could not be supported by sales and the food prepared for the jail subsidized the cafeteria
operations. The food service contract since November 1st for the Law Enforcement Center no
longer includes breakfast and lunch at the Government Center cafeteria.
Government Center administration is exploring other options for food service. One of those
options is food vending trucks. This option has been received relatively well be employees at the
County’s other service centers. But, the Stillwater zoning code does not allow food vending
trucks in the PA - Public Administration Zoning District, within which the Government Center is
located.
REQUEST
Washington County is requesting the Council to consider whether the concept of amending the
ordinance to allow food trucks in the PA Zoning District would be acceptable. And if so, should
the City initiate the ordinance amendment or should the County submit a formal application?
ALTERNATIVES
The Council has a number of alternative courses of action available, including:
1. Support the concept of allowing food trucks in the PA Zoning District and direct city
staff to initiate the code amendment process.
2. Support the concept of allowing food trucks in the PA Zoning District and suggest that
the county submit a code amendment application.
3. Oppose the concept of allowing food trucks in the PA Zoning District.
4. Table the request for more information.
bt
Office of Administration Washington
-=:!:! ~county ;:-::., Molly O'Rourke, County Administrator
Kevin Corbid, Deputy Administrator
Dec. 27, 2019
To: Mayor Ted Kozlowski
City of Stillwater
2116 N. Fourth St.
Stillwater, MN 55082
Re: Amendment to City Code Section 41-7, Seasonal Outdoor Sales (Subd. 2)
Dear Mayor and City Councilmembers,
The Washington County Government Center campus, 14949 62nd St. N. in Stillwater, is requesting
consideration of an amendment to City Code Section 41-7, which includes "seasonal outdoor sales,
(food trucks)." The current code allows food trucks in the Central Business District only, and our
building is in a Public Administration Zoning District.
Washington County would like to offer occasional food trucks to its 800+ employees at the Government
Center campus. Our building lacks a cafeteria and other food options, and this would be a fun and
engaging opportunity for employees.
Thank you for your consideration.
Sincerely,
~
Tina Simonson I Communication and Planning Manager
tina.simonson@co. washington.rnn. us
Washington County Office of Administration
14949 62nd Street North, Stillwater, MN 55082
651-430-6004
CC: Stillwater City Councilmembers
A great place to live, work and play ... today and tomorrow
Government Center• 14949 62nd Street North • P. 0. Box 6 • Stillwater, MN 55082-0006
Telephone: 651-430-6001 • Fax: 651-430-6017 • TTY: 651-430-6246
www.co.washington.mn.us
Washington County is an equal opportunity organization and employer
RESOLUTION NO. 2014-095
APPROVAL OF ASSESSMENT POLICY
WHEREAS, the City Council originally passed an assessment policy statement on May 3,
1993;and
WHEREAS, City has discussed and reviewed proposed amendments to the assessment
policy on May 20, 2014; and
WHEREAS, the final amended assessment policy statement was presented to Council on
June 3, 2014.
NOW THEREFORE BE IT RESOLVED that the City Council hereby adopts the
Assessment Policy Statement dated May 4, 1993 and amended on June 3, 2014.
Adopted by the City Council of the City of Stillwater, Minnesota this 3rd day of June, 2014
CITY OF STILL WATER
ATTEST:
~ 0( j{)a}p(_
Diane F. Ward, City Clerk
ASSESSMENT POLICY STATEMENT
CITY OF STILLWATER
ADOPTED MAY 4, 1993
AMENDED JUNE 3, 2014
TABLE OF CONTENTS
Section I -General Policy Statement ........................................................................................... 1
Section II -Methods of Assessment ............................................................................................. 4
Section Ill -Improvement Type and Cost Apportionment ........................................................ 10
Section IV -Assessment Conditions ........................................................................................... 13
Section V -Supplemental Assessment Policy Guidelines .......................................................... 15
Section VI -Definitions .............................................................................................................. 18
Exhibit 11 A 11 Summary of Actions and Resolutions ...................................................................... 20
0
CITY OF STILLWATER
ASSESSMENT POLICY FOR LOCAL IMPROVEMENTS
SECTION I -GENERAL POLICY STATEMENT
A. PURPOSE. The purpose of this Assessment Policy is to provide a fair and equitable manner
of recovering and distributing the cost of public improvements. While there is no perfect
assessment policy, it is important that assessments be implemented in a reasonable,
consistent and fair manner. There may be exceptions to the Assessment Policy when unique
situations or circumstances exist which may require special consideration and discretion by
the City Council. Therefore the assessment policy is intended to serve as a guide for a
systematic assessment process in the City of Stillwater.
B. PROCEDURE. The procedures used by the City of Stillwater ("City") for levying special
assessments are those specified by Minnesota Statutes which provide that all or a part of
the cost of improvements may be assessed against benefitting properties. The procedures
for local improvements are summarized in Exhibit "A".
While establishing the authority by which communities may proceed to construct public
facility projects, the statutes provide no guide as to how costs are to be apportioned.
Therefore, it is the responsibility of the local legislative body to establish a fair and
reasonable method by which properties will be assessed.
C. ASSESSMENT CRITERIA. Three basic criteria must be satisfied before a particular parcel can
be validly assessed. They are:
1. The land must have received special benefit from the improvement.
2. The amount of the assessment must not exceed the special benefit.
3. The assessment must be uniform in relation to the same class of property within the
assessment area.
The primary test for determining the validity of a special assessment is whether the
improvement for which the assessment was levied has increased the market value of the
property against which the assessment operates in at least the amount of the assessment. It
is important to recognize that the actual cost of extending an improvement past a particular
parcel is not the sole determining factor in determining the amount to be assessed. An
exception might be a project initiated by a single property owner/developer where market
value increase may not be a relevant factor given the nature of the improvement.
Another test for determining the validity of a special assessment is whether the assessment
is based on a uniform method for all like classes of property. For example, the use of a front
1
foot assessment for some properties and the use of a per lot assessment for other
properties of the same class for a related improvement could result in a non-uniform
assessment rate which could mean the assessment would be set aside or could be thrown
out by the courts.
D. INITIATION OF IMPROVEMENTS. Public Improvements may be initiated in the following
manner:
1. Council Initiated. The City Council, on its own motion and without petition, may order
the improvement on at least a 4/5 vote of the City Council. However, the City must still
follow all statutory provisions related to the local improvement process.
2. Property Owner Petition. The City Council may decide, by simple majority, on an
improvement after receiving a petition for said improvement from the owners of not
less than 35 percent {35%) of the properties abutting on the streets named in the
petition as the location of the improvement. In addition, all owners of real property
abutting upon any street named as the location of any improvement may petition the
City Council to construct the improvement and to assess the entire cost against their
property. In the latter case, the City Council may, without a public hearing, adopt a
resolution determining such fact and ordering the improvement. However, it is
advisable to conduct public hearings on the improvement to avoid misunderstanding by
the petitioners and to also inform the general public about the nature of the project.
Proper waiver of assessments and/or agreements should be obtained from each
property owner affected by the improvement.
3. Developer Request. A developer who is the owner of all the property within the
proposed subdivision may petition the City Council to construct the improvement and to
assess the entire cost against the developer's property pursuant to Minnesota Statutes.
In such event, the City may, without a public hearing, adopt a resolution determining
such fact and ordering the improvement. However, a developer's agreement, including
a valid and enforceable waiver of assessments if appropriate, shall be negotiated and
executed prior to said authorization. It may also be advisable to conduct public hearings
on the improvement to avoid misunderstanding by the petitioners and to also inform
the general public about the nature of the project.
E. PROJECT COSTS. Project costs shall include, but not be limited to, the following:
1. Construction costs (day labor or contractual).
2. Engineering and consulting fees.
3. Administrative fees.
4. Right-of-way acquisition/condemnation costs.
5. Legal fees.
2
6. Capitalized interest.
7. Financing costs.
The entire project shall be considered as a whole for the purpose of calculating and
computing an assessment rate. However, project costs for work of a dissimilar nature (i.e.,
where a project contains different types of work such as street resurfacing in one project
area and street reconstruction in another area)shall be calculated separately and assessed
separately according to benefit received.
If City staff has doubt as to whether or not the costs of the project may exceed the special .
benefits to the property, the City Council should obtain such appraisals as may be necessary
to support the proposed assessment. Appraisals may be obtained any time after the
improvement has been ordered including prior to actually awarding the bid or entering into
a contract for the work. The City Council may also conduct assessment hearings and actually
adopt the assessment roll any time after the improvement hearing and before a contract for
the work is awarded.
The Assessment Policy, in brief summary, consists of six (6) main sections addressing
General Policy Statement, Methods of Assessment, Improvement Type and Cost
Apportionment, Assessment Conditions, Supplementary Guide section and a Definition
section. A summary of actions and resolutions is also included as Exhibit "A".
3
SECTION II -METHODS OF ASSESSMENT
The nature of an improvement determines the method of assessment. The objective is to
choose an assessment method which will arrive at a reasonable, fair and equitable assessment
which will be uniform upon the same class of property within the assessed area. The most
frequently recognized assessment methods are: the unit assessment, the front footage
assessment and the area assessment. Depending upon the individual project, any one or a
combination of these methods may be utilized to arrive at an appropriate cost distribution. City
staff will consider all methods and weigh their applicability to the project and present a
recommendation to the City Council in the form of a mock assessment roll (or rolls). A
description of each assessment and its corresponding policy application is presented. A
separate section (Section Ill) will identify the appropriate matchup of method with a specific
type of project and analyze why each is generally used.
A. Unit Assessment. A unit assessment shall be derived by dividing the total project cost by the
number of Residential Equivalent Density (RED) units in the project area. A RED unit is
defined as a single family residential unit. All platted and unplatted property will be
assigned RED unit values equivalent to the underlying zoning. When the existing land use is
less than the highest and best permitted use, the Council may consider the current use as
well as the full potential of land use in determining the appropriate number of RED units.
Otherwise, the following RED chart will apply on a per unit basis, subject to adjustment by
the Council for any inequities:
Single family 1.00 RED
Duplex 1.00 RED
Condominium 0.80 RED
Multifamily (3 units or more) 0.80 RED
Townhouse 0.80 RED
Commercial RED units = SAC units
Industrial RED units= SAC units
House Apartment 1.00 RED +0.2 RED for each additional unit
The unit approach has proven to be the best method in those instances whereby the
improvement largely benefits everyone to the same degree and the cost of the
improvement is not generally affected by parcel size.
8. Area Assessment. The assessable area shall be expressed in terms of the number of acres or
the number of square feet subject to assessment. When determining the assessable area,
the following considerations will be given:
1. Ponding Assessment Consideration. Lakes, ponds and swamps may be considered a part
of the assessable area of a parcel. However, the property owner has the option of
4
providing a storm water pending easement to the City for the land under the lake, pond
or swamp if integrated into the storm water management system. If such pending
easement is accepted based upon its functional integration into the storm water
management system, a reduction in area equal to the area of the easement for the lake,
pond or swamp will be subtracted from the gross area assessment of the parcel. Lots
utilizing a pending area for the purpose of density credit shall be charged for that area
within the portion of the easement necessary to meet minimum lot standards.
2. Road Right-of-Way Assessment Consideration. Up to 20 percent (20%) of the gross
acreage may be deducted for street right-of-way purposes within unplatted parcels of
five acres or more depending upon the parcel configuration. Parcels of less than five
acres may not qualify and may be assessed full acreage. The reason for this size
restriction is that, in most instances, parcels of less than five acres cannot support an
internal public road system.
3. Park Dedication Assessment Consideration. When park land is dedicated as part of a
residential development, as required by Subdivision Code -Chapter 31.06, the
developer shall not be assessed an acreage charge on the portion of land dedicated.
C. Front Footage Assessment. The actual physical dimensions of a parcel abuttin~ an
improvement (i.e., street, sewer, water, etc.) shall NOT be construed as the frontage
utilized to calculate the assessment for a particular parcel. Rather, an "adjusted front
footage" will be determined. The purpose of this method is to equalize assessment
calculations for lots of similar size. Individual parcels by their very nature differ considerably
in shape and area. The following procedures will apply when calculating adjusted front
footage. The selection of the appropriate procedures will be determined by the specific
configuration of the parcel. All measurements will be scaled from available plat and section
maps and will be rounded down to the nearest 1/2 foot dimension with any excess fraction
deleted. Categorical type descriptions are as follows:
1. Standard lots
2. Rectangular variation lots
3. Triangular lots
4. Cul-de-sac lots
5. Curved lots
6. Irregularly shaped lots
7. Corner lots
8. Flag lots
9. Double frontage lots
10. Large tracts
The ultimate objective of these procedures is to arrive at a fair and equitable distribution
of cost whereby consideration is given to lot size and parcels are comparably assessed.
5
1. Standard Lots. In this instance, the adjusted front footage for rectangular lots will be the
actual front footage of the lot. The frontage measured shall be the lot width at the front
lot line.
MAIN AVENUE
50' 90'
A B
Adj. Front Footage
EXAMPLES
Lot A= 50'
Lot B = 90'
2. Rectangular Variation Lots. For a lot which is approximately rectangular and uniform in
shape, the adjusted front footage is computed by averaging the front and back sides of
the lot. This method is used only where the divergence between front and rear lot lines
is 20 feet or less.
MAIN AVENUE Adj. Front Footage
90' 70' EXAMPLES
Lot A= 90 + 110 = 100'
A B 2
Lot B = 70 + 80 = 75'
110' 80' 2
3. Triangular Lots. For a triangular shaped lot, the adjusted front footage is computed by
averaging the front and back lot lines. The measurement at the back lot line shall not
exceed a maximum distance in depth of 150 feet.
MAIN AVENUE
6
Adj. Front Footage
EXAMPLES
Lot A = 100 + 40 = 70'
2
Lot B = 40 + 130 = 85'
2
Lot C = 120 + 0 = 60'
2
4. Cul-de-Sac Lots. The adjusted front footage for those lots that exist on cul-de-sacs will
be calculated at the midsection of the lot· at the most reasonably defined and
determinable position. This line will be computed by connecting the midpoints of the
two side lot lines. Or, if the lots are similar in nature and configuration, a common lot
width, such as the standard set back of 30 may be assigned based upon an evaluation
of typical lots within the subdivision.
A
---;s-,----------110· ---
Adj. Front Footage
EXAMPLES
lot A= 75'
lot B = 110'
Lot C = 80'
5. Cuved lots. In certain situations such as those where lots are located along meandering
trail system streets, read patterns create curvilinear frontages. In such instances, the
adjusted front footage will be the width of the lot measured at the midpoint of the
shortest side lot line.
70'
Adj. Front Footage
EXAMPLES
Lot A= 70'
Lot B = 90'
. lot C = 150'
6. Irregularly Shaped Lots. In many cases, unplatted parcels that are legally described by a
metes and bounds description are irregular and odd shaped. The adjusted front footage
will be calculated by measuring the lot width at the 30 foot building setback line.
MAIN AVENUE
~ 115' 140' 125' ---t. ------------------------------------------------------------
A B C
7
Adj. Front Footage
EXAMPLES
lot A= 115'
lot B = 140'
lot C = 125'
7. Corner Lots.
a. On a corner lot, 100 percent (100%) of the adjusted front footage of the short side
will be assessed and 35 percent (35%} of the adjusted front footage of the long side
will be assessed for improvements benefitting the respective sides. The length of the
property sides and not the orientation of the principal building shall determine
adjusted front f90tage in this case. A series of lots (two or more) under common
ownership shall be considered as one parcel or lot for determining which is the short
or long side of a property. However, this shall only apply to series of lots on which
only one principal building is situated.
;::.
cu
"C Lil B A Lil §. N
O'I .....
125' 150'
MAIN AVENUE
100'
(Side 1)
Adj. Front Footage
EXAMPLES
Lot A
Side 1 = 43. 75'
Side 2 = 95'
Lot B
Side 1 = 87 .5'
Side 2 = 125'
b. General Commercial Zoned Corner Lots. No allowance relief will be granted because
of the higher inherent property value associated with improved traffic frontage and
greater visibility along business district and industrial park intersections. The
adjusted front footage shall be the entire frontage measured along the setback line
comprising the building envelope.
8 ! N
.. !25
~! .-ii
--130' -----!
b
""
' ' 25'!
!Lil B -' ..... ~ i .-< 275' ,-t .. __________ .. --------------
:;;:
MAIN AVENUE 300'
Adj. Front Footage
EXAMPLES
Lot A= 280'
Lot B = 390'
8. Flag Lots. Properties which utilize a narrow private easement or maintain ownership of
access to their property exceeding a minimum length of 125 feet, thereby having a small
frontage on a street, will be assigned an adjusted front footage of 80 feet. This
8
dimension is consistent with the subdivision ordinance which prescribes such length as
the minimum lot frontage along a public roadway. The adjusted front footage for flag
lots whose driveway access is under 125 feet will be measured at the building setback
line from the access terminus.
MAIN AVENUE
A
170'
B g
Adj. Front Footage
EXAMPLES
Lot A= 80'
Lot B = 90'
9. Double Frontage Lots. If a parcel, other than a corner lot, comprises frontage on two
streets and is eligible for subdivision, then an adjusted front footage assessment will be
charged along each street. For double frontage lots lacking the necessary depth for
subdivision, only a single adjusted front footage will be computed.
MAIN AVENUE MAIN AVENUE Adj. Front Footage
110' 80' EXAMPLES
Lot A= 220'
Lt\ b Lot B = 80' " .....
N A N B
110'
9
SECTION Ill -IMPROVEMENT TYPE AND COST APPORTIONMENT
A. Street Reconstruction. These projects consists of reconstructing the street section down to
the sub base if necessary. New concrete curb and gutter may be installed in areas where it
does not exist and/or replaced in areas where the concrete curb is in poor condition. The
condition of the existing drainage system, storm sewers, watermains, sanitary sewers and
sidewalks will be looked at and, if necessary will be replaced or newly installed.
Assessed cost of Street reconstruction shall not exceed 70% of the total project costs. The
remaining cost shall be recovered by means of the general ad valorem property tax paid by
the entire community or by other funds that may become available to the City for
infrastructure cost recovery
B. Mill and Overlay. Mill and Overlay or street resurfacing is where a new bed of road
material such as bituminous is installed over an existing paved road to a specific thickness.
New concrete curb and gutter may be installed in areas as needed or where the existing
concrete curb is in poor condition. The condition of the existing drainage system, storm
sewers, watermains, sanitary sewers and sidewalks will be looked at and if necessary they
will be and replaced or newly installed as part of a mill and overlay project.
Assessed costs of mill and overlay overlay projects shall not exceed 80% of all street related
costs associated including but not limited to asphalt removals, asphalt. The remaining cost
shall be recovered by means of the general ad valorem property tax paid by the entire
community or by other funds that may become available to the City for infrastructure cost
recovery.
C. Sidewalk. Sidewalk improvements may be done in conjunction with street reconstruction, a
mill and overlay project or as a separate project. Sidewalk improvement in conjunction with
a street project shall assessed as the same as the street project or at 50 percent (50%) if
done separately the cost of sidewalk improvements shall be assessed to benefitted
properties on a front footage basis.
The remaining cost shall be recovered by means of the general ad valorem property tax
paid by the entire community or by other funds that may become available to the City for
infrastructure cost recovery ·
D. Sealcoating. Sealcoating shall be-treated as a general maintenance expense and shall be
paid from the City's current operating funds. No assessments will be levied for sealcoating
projects.
10
E. Sanitary Sewer, Storm Sewer and Water Mains. Repair and replacement of sewers, sanitary
and storm and water main is usually done in conjunction with a street reconstruction
project and the cost of this work should be included as part of the total major street project
cost The remaining cost shall be recovered by means of the general ad valorem property tax
paid by the entire community or by other funds that may become available to the City for
infrastructure cost recovery. A portion of the storm water utility fund shall be also be used
to offset the City's cost of curb and gutter installation. If it is determined that the repair and
replacement work results in a greater benefit to some properties and not to others, the
Council should consider establishing a different assessment rate based on the benefits
received.
F. Sanitary Sewer and Water Trunk Improvements. Trunk sewer and water mains are usually
designed to carry larger volumes of flow than are necessary within an immediate property
area in order to serve additional properties beyond the area of their immediate placement.
Therefore, 100 percent {100%) of the cost of trunk improvements will be assessed on a unit
basis to all properties within a district deemed to be benefitted from the trunk
improvements.
G. Sewer and Water Services. Individual sewer and water services benefit only the properties
they serve and 100 percent (100%) of their cost shall be assessed to the property for which
they are installed.
H. Drainage Improvements. Storm drainage and ponding/basin systems are usually
constructed to serve a specific drainage or "watershed" district. The cost of drainage
improvements shall be 100 percent {100%) assessed to the properties within the drainage
district. The cost may also be levied on an ad valorem tax basis to the properties within the
district as provided by Minnesota Statutes. Storm sewer reconstruction normally takes
place together with street reconstruction projects and the costs shall be assessed in
accordance with the assessment policies related to street improvements.
I. Special Consideration. Special consideration shall be given to the "age" of a street or utility
system when determining the proportion of cost to be assessed to benefitted properties. If
it is necessary to reconstruct or resurface a street or perform major repair/replacement
work on sewer and water utilities before a reasonable amount of time (15 to 20 years for
resurfacing, 20 to 25 years for partial reconstruction and 25 to 30 years for total
reconstruction} the assessment shall be calculated on a pro-rata basis. The remaining cost
shall be recovered by means of the general ad valorem property tax paid by the entire
community or by other funds that may become available to the City for infrastructure cost
recovery.
11
J. Industrial Park Assessments. The Industrial Park is generally bounded by Orleans Street to
the north, Greeley Street to the east, CSAH County Road 5 to the west and Highway 36 to
the south.
The following assessment methods shall be used for Industrial Park improvement projects:
1. Area Assessment -
a. Total or partial street reconstruction projects
b. Water and sewer mains
c. Storm sewer/drainage.
d. Trunk sanitary sewer.
2. Unit Basis -
a. Sewer services
b. Water services
3. Front Footage Method
a. Street Reconstruction Projects
b. Mill and Overlay Projects
c. Watermain
d. Storm Sewer
e. Sanitary Sewer
One hundred percent (100%) of the cost of improvements shall be assessed to benefitted
properties except that the assessment for new street construction costs shall not exceed
$9,800 per acre(1993). This assessment rate shall be adjusted from time to time based on
the Engineering News Record Index. The remaining cost shall be recovered by means of the
general ad valorem property tax paid by the entire community or by other funds that may
become available to the City for infrastructure cost recovery.
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SECTION IV -ASSESSMENT CONDITIONS
A. Term of Assessment. The term of special assessments shall normally be for a ten (10) year
period. However, in some cases the project costs could warrant either shorter or longer
terms. For example, sidewalk improvements undertaken separately may be assessed for
over a five (5) year period because the costs are usually nominal (under $2,000). On the
other hand, some major reconstruction projects where several types of improvements are
involved could lead to a very high assessment which could create a financial hardship if
assessed for a ten (10) year term. A fifteen (15) to twenty (20) year term may be
appropriate in this case. In any event, the assessment term should never exceed the
potential life of the improvement.
B. Interest Rate. The interest rate charged on assessments for all projects financed by debt
issuance shall be one and one-half percent (1-1.2%) greater than the net interest rate of the
bond issue or debt used to finance the improvement. This is necessary in order to ensure
adequate cash flow when the City is unable to reinvest assessment prepayments at an
interest rate sufficient to meet the interest cost of debt or when the City experiences
problems of payment collection delinquencies. Interest on initial. special assessment
installments shall begin to accrue from the date of the resolution adopting the assessment.
Owners must be notified by mail of any changes adopted by the City Council regarding
interest rates or prepayment requirements which differ from those contained in the notice
of the proposed assessment.
C. Payment Procedures. The property owner has five available options when considering
payment of assessments:
1. Tax Payment. If no payment is undertaken by the property owner, then special
assessment installments will appear annually on the individual's property tax statement
for the duration of the assessment term.
2. Full Payment. No interest will be charged if the entire assessment is paid within 30 days
of the date of adoption of the assessment roll.
3. Partial Payment. The property owner has a one-time opportunity to make a partial
payment reduction of any amount against his/her assessment. This option may only
be exercised within the 30-day period immediately following adoption of the
assessment roll.
4. Prepayment. The property owner may at any time prior to November 15 of the initial
year, prepay the balance of the assessment with interest accrued to December 31 of
13
5.
that year. The property owner may also choose to pay the remaining assessment
balance at any time, with the exception of the current year's installment of principal and
interest.
D. Appeals Procedures. No appeal may be taken as to the amount of any assessment adopted
unless a written objection signed by the affected property owner is filed with the city clerk's
office prior to the assessment hearing or presented to the presiding officer at the hearing.
The property owner may appeal an assessment to District Court by serving notice of the
appeal upon the Mayor or city clerk within 30 days after the adoption of the assessment
and filing such notice with the District Court within 10 days after service of the appeal upon
the Mayor or city clerk.
E. Reapportionment Upon Land Division. When a tract of land against which a special
assessment has been levied is subsequently divided or subdivided by plat or otherwise, the
City Council may, on application of the owner of any part of the tract or on its own motion,
equitably apportion among the various lots or parcels in the tract all the installments of the
assessment against the tract remaining unpaid and not then due if it determines that such
apportionment will not materially impair collection of the unpaid balance of the original
assessment against the tract. The apportionment shall be done on the same basis as the
original assessment unless another method of apportioning can be done with the owner's
acceptance and if the apportionment will not materially impair collection of the unpaid
balance of the assessment against the tract of land. In any case, the City Council may
require furnishing of a satisfactory surety bond in certain cases as specified in Minnesota
Statutes Section 429.071, Subd. 3. Notice of the apportionment and of the right to appeal
shall be mailed to or personally served upon all owners of any part of the tract.
F. Senior Citizen Deferral. Chapter 56.0S of the Stillwater City Code allows the City Council, at
its discretion, to defer the payment of any special assessment for local improvements
constructed by the City when it determines by a three-fifths (3/5) vote that the property
being assessed is homestead property and that one or more of the owners of the property
is sixty-two (62) years of age or over and that the payment of the assessment would be a
hardship for the owner thereof.
The interest for senior citizen deferral shall be at the same rate that the City sets for other
property owners for the improvement.
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SECTION V -SUPPLEMENTAL ASSESSMENT POLICY GUIDELINES
A. Areas Partially Served by Utilities. Any tract of land, lot or parcel whereby a project
improvement, such as a sewer or water lateral or ending street terminus, does not extend
fully past or beyond the property shall be considered served, benefited and assessed
accordingly. The current special assessment shall be subject to an adjusted front footage
not to exceed 150 feet and a maximum current acreage of 2.5 acres, provided said
assessment does not exceed the special benefit conferred upon the affected property. If an
improvement benefits, non-abutting properties which may be served by the improvement
when later extensions or improvements are made but are not initially assessed, the City
may reimburse itself for all or part of the costs incurred by assessing those non-abutting
properties at the time of the later extensions or improvements. However, proper notice
must be given of that fact at the time of making the extensions or improvements to the
previously unassessed non-abutting properties. The City may also establish "hookup"
charges to recover costs of sewer and water main improvements not initially assessed.
B. Preliminary Plat Consideration. Land could be considered for assessment based on
preliminary plat consideration. This consideration will occur only when the following
scenarios exits: (l)the City Council has approved a preliminary plat, and (2) a public hearing
ordering the improvement project has not yet occurred. In the event this exists, assessment
frontages may be calculated based upon the proposed lot configuration within the
preliminary plat. Road right-of-way within the proposed street alignment will not be subject
to assessment.
C. Tax Exempt Property. Other than land under City ownership, there are three categories of
tax exempt properties. Said properties shall be assessed as follows:
1. Churches and schools shall be assessed in the same manner as commercial and
industrial zoned property, as long as the assessments do not exceed the special benefits
conferred. Acreage assessment shall be based upon the gross acreage of the site.
Adjusted front footage shall be similarly calculated along the building setback line in its
entirety.
2. State land is normally exempt from assessment unless otherwise negotiated or agreed
upon by the affected state agency.
3. County land is subject to assessment and shall be assessed in the same manner as
commercial and industrial zoned property, as long as the assessments do not exceed the
special benefits conferred.
15
D. Municipal Property Assessments. City owned property is divided into three classifications
for the purpose of determining assessment participation. They are:
1. Public facility land
2. Public right-of-way
3. Park land
Public facility property is defined as land utilized for public buildings such as city halls, fire
halls, libraries, maintenance garages, municipal parking lots, etc. Public facility property
within a project area will participate in the total assessable cost of an improvement and will
be treated in the same manner as any other benefited parcel.
Public right-of-way property consisting of all City acquired easements, subject to fee title,
for the specific purpose of utility placement or street construction will be exempt from
assessment.
Park land assessment eligibility is further categorized according to the following
descriptions:
1. "Community Parks" are characterized by a higher degree of intense public use and are
relatively large in area size. They are normally associated with athletic events and
sporting activities, i.e., softball, football, baseball, hockey, etc. Park lands of this nature
will be subject to assessments. Because community parks provide citywide benefit, the
cost of these assessments shall be recovered be a special levy upon the ad valorem
taxes.
2. "Neighborhood Parks" accommodate open space objectives within residential
development and are passive in use as indicated by such features as playground
structures. Because neighborhood parks are commonly used by the immediate residents
of the area, such park land will not be assessed if it .comprises less than 25 percent of
the aggregate project area. Larger parks representing an area greater than 25 percent of
the aggregate project area shall participate in the assessment process in the same
manner as community parks.
3. "Parkland Dedication" is required either in the form of cash in lieu of land or a land
grant. The developer shall be responsible for the payment of all special assessments
existing at the time of dedication. Depending upon the amount of land involved, the
development shall not be assessed trunk acreage for that portion exceeding the
minimum percentage dedication requirement for park purposes.
16
E. Tax Forfeiture Assessments. When a parcel of tax forfeited land is returned to private
ownership, and the parcel is benefited by an improvement for which special assessments
were cancelled because of the forfeiture, the City may, upon notice and hearing as provided
for the original assessment, make a reassessment or a new assessment as to the parcel in
an amount equal to the amount remaining unpaid on the original assessment.
F. First Serve Situations. If the plans of the City and a developer coincide in regard to utility
installations on certain properties, the plans of the City shall receive first consideration. In
that event, the City may, upon notice and hearing, assess all unplatted parcels according to
this Policy if the improvements are approved prior to hardshell consent of the unplatted
properties.
G. New Subdivisions. The improvement costs of new subdivisions shall be the sole
responsibility of the property developer except consideration shall be given for assessing
any other properties that receives special benefit from the improvements.
H. State Aid Participation.
1. Residential Improvements -
Residential lots abutting and having access to collector streets (streets which are
designated as part of the City's Municipal State Aid System and qualify for state aid
funding) shall be assessed the residential equivalent of a standard City street, normally
consisting of a 30 foot paved roadway within a 50 foot right-of-way. This cost shall be
determined by the City Engineer during the preparation of the feasibility report. The
difference in cost shall be reimbursed by applicable state aid funds. In no event shall the
assessment exceed fifty percent (50%) of the project cost.
2. Industrial Park Improvements -
Land abutting and having access to streets in the industrial park shall be assessed in
accordance with Section Ill, J, whether or not the street is designated MSA. Any MSA
funds received by the City for work in the Industrial Park shall be "pooled" and used to
offset the cost of the street improvements within the Industrial Park Area.
17
SECTION VI -DEFINITIONS
Adjusted Front Footage
Assessment
Condominium
Drainage District
Lateral
Multifamily
Nuisance Abatements
The number of feet actually utilized in calculating
an assessment for a particular property. This
may differ from the actual front footage of the
property.
The dollar amount charged against a property
receiving an improvement benefit.
Individual ownership of a unit in a multi-unit
structure (similar to an apartment building). A
special relationship exists whereby the individual
owns the actual air space within the physical
confines of the unit but not the barrier walls
themselves.
An area defined by the City Engineer which shall
form the physical boundaries where benefit exists
within a storm sewer project. Property to be
included within a district shall be all land which
contributes to storm water runoff, as well as land
serving as a collector basin for storing such water.
Natural geographical features normally form
these boundaries.
A lateral sewer is designated to collect the
sewage from a project area for conveyance to a
trunk facility. A water lateral is sized to provide
water in sufficient volumes and pressure as
required t serve a defined project area.
A structure of more than two units, the primary
purpose of which is to provide rental or leased
living space to the general public. Building
characteristics include common hallways for
access purposes and a common parking lot.
The elimination of a nuisance whereby the City
acts on behalf of the property owner as
authorized by ordinance to eliminate problems
such as junk, weeds, dead trees, etc. The City
may collect the charges for all or any part of the
18
Oversizing
Public Improvement
Townhouse
Utility Improvement Area
cost of eliminating any such nuisance by levying a
special assessment against the property
benefited.
A pipe which is designed and constructed larger
and/or deeper than necessary to serve a specific
project area.
A project undertaken by the City under the
authority granted in MSA 429.021 for the
purpose of installation of improvements such as
street, curb and gutter, sewer, water, etc. A
public hearing shall be conducted to determine
the necessity and common good of the project as
it affects the community. Upon authorization, the
City will proceed with construction and
administration of the project.
Single family attached units in structures housing
three or more contiguous dwelling units, sharing
a common wall, each having separate individual
front and rear entrances; the structure is that of a
row-type house as distinguished from multiple-
dwelling apartment buildings.
A defined area within which all properties are
deemed to have been served by an important
project and are considered to receive the benefit.
19
SUMMARY OF
SCHEDULE OF ACTIONS AND RESOLUTIONS
FOR LOCAL IMPROVEMENT PROJECTS
EXHIBIT "A"
1. Initiation of proceedings either by the Council or by petition of affected property owners.
Owners may waive public hearing and submit "Agreement of Assessment and Waiver of
Irregularity and Appeal."
Adopt Resolution "Declaring Adequacy of Petition and Ordering Preparation of Report"
(should be published because of appeal process) or, if not using petition, "Ordering
Preparation of Report on Improvement (need not be published).
2. Preparation of report on the proposed improvement, submission to and approval by Council,
Council then accepts the report and orders a Public Hearing. (When a petition signed by
100% of the landowners requests the improvement, the Council may order the improvement
without a hearing.)
Adopt Resolution "Receiving Report and Calling Hearing on Improvement" (need not be
published).
3. After a public hearing, or if hearing is waived, adopt following Resolution:
Adopt Resolution "Ordering Improvement and Preparation of Plans and Specs".
4. After submission to and approval by Council the following Resolution is required:
Adopt Resolution "Approving Plans and Specifications, Ordering Improvement and
Advertisement for Bids".
5. After receiving bids, Council will adopt the following Resolution awarding the bid:
Adopt Resolution "Accepting Bid". (Need not be published).
6. After work is completed and receiving Engineer's recommendation for final acceptance, the
following Resolution is adopted:
Adopt Resolution "Accepting Work".
20
7. Assessment Proceedings:
Adopt Resolution "Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment".
Adopt Resolution for "Hearing on Proposed Assessment" (need not publish resolution -but
must publish and mail hearing notice.
8. After hearing and adopting assessment, adopt the following Resolution:
Adopt Resolution "Adopting Assessment". (Need not be published.)
21
MEMORANDUM
To: Mayor and City Council
From: Reabar Abdullah, Assistant City Engineer
Date: February 21, 2020
Re: 2020 Street Improvement Project (Project 2020-02)
DISCUSSION
At the February 18th public hearing for the 2020 street improvement project one item was
brought up:
1. Conducting the sample appraisals for some properties on the project as soon as
possible and before awarding the project. We are in the process of obtaining these
appraisals and we contacted a few specialized companies to perform the work.
Plans and specifications for the 2020 Street Improvement Project are near completion and
staff is requesting approval for the plans and specifications and authorization to bid. Bid
opening is scheduled for April 2nd and bid results will be presented to Council at the April 7th
meeting.
RECOMMENDATION
It is recommended that Council approve plans and specifications for the 2020 Street
Improvement Project and order advertisement for bids for the project.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion adopting
RESOLUTION 2020- _____ APPROVING PLANS & SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR THE 2020 STREET
IMPROVEMENT PROJECT 2020-02.
APPROVE PLANS & SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
FOR 2020 STREET IMPROVEMENT PROJECT
(PROJECT 2020-02)
WHEREAS, pursuant to a resolution passed by the Council on February 18, 2020, the
City Engineer has prepared plans and specifications for the 2020 Street Improvement Project
(Project 2020-02) and has presented such plans and specifications to Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
1. The plans and specifications presented by the City Engineer are hereby approved.
2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at
QuestCDN.com the advertisement for bids upon the making of the improvement under
the approved plans and specifications. The advertisement shall be published once in the
Stillwater Gazette and for two weeks online at QuestCDN.com and shall specify the work
to be done, shall state that bids will be received by the City Clerk until April 2nd, 2020 at
10:00 am at which time they will be publicly opened at City Hall by the City Engineer;
will then be tabulated and will be considered by the Council at their next regular Council
meeting on April 7, 2020 in the Council Chambers. Any bidder whose responsibility is
questioned during consideration of the bid will be given an opportunity to address the
Council on the issue of responsibility. No bids will be considered unless sealed and filed
with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified
check payable to the Clerk for ten (10) percent of the amount of the bid.
Adopted by the Council this 25th day of February 2020.
____________________________________
Ted Kozlowski, Mayor
Attest:
_______________________________
Beth Wolf, City Clerk
BOARD AGENDA
Board of Commissioners
Fran Miron, Chair, District 1
Stan Karwoski, District 2
Gary Kriesel, District 3
Wayne A. Johnson, District 4
Lisa Weik, District 5
February 25, 2020 - 9:00 AM
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If you need assistance due to disability or language barrier, please call (651) 430-6000
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
1.9:00 Washington County Regional Rail Authority
A.Roll Call
B.Pledge of Allegiance
C.Election of Chair and Vice Chair for Regional Rail Authority for 2020.
D.Approval of the Regional Rail Authority minutes from November 12, 2019.
E.Approve Amendment No. 2 to extend the existing option agreement between Washington
County Regional Railroad Authority (WCRRA) and Washington County Community
Development Agency for the sale of the remaining excess property at Newport Transit Station
until September 1, 2021.
9:15 F.Adjourn
2.Washington County Board of Commissioners
Roll Call
3.9:15 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue
is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board
Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your
comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual
Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit
an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's
responsibilities.
4. 9:25 Consent Calendar - Roll Call Vote
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.
A.Approval of the February 4, 2020, County Board meeting minutes.
B. Approval of Contract No. 13282 with Mapletree Group Home, Inc. to provide residential care
for young men with high needs and criminal justice involvement for the period of March 1,
2020 through December 31, 2021, and authorize its execution pursuant to Minn. Stat. 373.02.
9:15
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EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
C.Approval of a grant application to the Minnesota Housing Finance Agency for the Homework
Starts with Home grant program serving students and their families who are currently homeless
or at risk of homelessness.
D.Approval of an application for an Off-Sale Liquor License for Holiday Station Stores, LLC,
located in Denmark Township.
E.Approval of an application for renewal of an On-Sale and Sunday Liquor License for
Stoneridge Golf Club Inc., located in West Lakeland Township.
F.Approval of an application for renewal of an On-Sale and Sunday Liquor License for VR US
Holdings, Inc., Afton Alps Resort located in Denmark Township.
G.Approval of application for a 1-4 day Temporary On-Sale Liquor License for St. Croix
Preparatory Academy located in Baytown Township.
H.Approve a Master Funding Agreement between the Metropolitan Council and Washington
County for the METRO Gold Line Bus Rapid Transit Project.
I.Approve transferring sixteen Motorola GTR8000 base radios to the Minnesota Department of
Transportation (MnDOT) pursuant to Minnesota Statute 471.85.
J.Approve the 2019 Urban Area Security Initiative Grant Agreement No. 13248 between the MN
Department of Public Safety, Division of Homeland Security and Emergency Management,
and the Washington County Sheriff's Office, in the amount of $200,000 for the
period of January 1, 2020 through June 30, 2021, and authorize its execution pursuant to Minn.
Stat. 373.02.
K.Adopt a resolution authorizing the Washington County Sheriff's Office to accept a donation of
$1,846.50 from the Afton Apple Orchard.
5.9:25 Library - Amy Stenftenagel, Director
A.Adopt a resolution to accept a donation from photographer Craig Blacklock of a Museum
Edition of the book, St. Croix & Namekagon Rivers – An Enduring Gift, valued at $1,500.
6.9:30 Public Health and Environment - Jill Timm Sr. Public Health Program Manager
A.Acceptance of UCare Foundation funds for implementation of Medication-Assisted Treatment
(MAT) in the Jail Medical Unit.
B.Approval of one full-time equivalent (1.0 FTE) Public Health Program Coordinator Special
Project position in the Department of Public Health and Environment.
Consent CalendarFRQWLQXHG
Washington
; _;County
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7.9:40 Public Works - Nathan Arnold, Engineer II (items A1-A4); Connor Schaefer, Planner II (item B);
Wayne Sandberg, Deputy Director/County Engineer (item C)
A.1. Award bid authorizing execution of Contract No. 13227 in the amount of $16,811,671.30
with Meyer Contracting Inc. for the County State Aid Highway (CSAH) 19 (Woodbury Drive)
and Local Road Capacity and Safety Improvement Project (RB-2601)
2. Approve Cooperative Agreement No. 13174 for construction costs between the City of
Woodbury and Washington County for the period from signature through project completion,
for the CSAH 19 (Woodbury Drive) and Local Road Capacity and Safety Improvement
Project.
3. Approve Maintenance Agreement No. 13175 for maintenance between the City of
Woodbury and Washington County for the period from signature through perpetuity, for the
CSAH 19 (Woodbury Drive) and Local Road Capacity and Safety Improvement Project.
4. Adopt a resolution and authorize execution of Agreement No. LUP #8282-0060 for
construction, maintenance, and operation of a non-motorized recreational trail to be
constructed with the Woodbury Drive and Local Roads project, located at the intersection of
Interstate 94 and CSAH 19 (Woodbury Drive) in the City of Woodbury.
B.Adopt a resolution of support for the Pine Point Regional Park Master Plan to be submitted to
the Metropolitan Council for review and approval.
C.Approve the budget amendment for additional 2020 State Aid Highway Maintenance revenue
and equipment purchase request.
8.10:10 General Administration - Kevin Corbid, County Administrator
9. 10:20 Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and
information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of
discussion will be scheduled for a future board meeting.
10.Board Correspondence
11. 10:35 Executive (Closed) Session - Public Works
A. Executive (closed) session under Minn. Stat. §13D.05, Subd. 3(c) to review the appraisal for
the property located at PID 05.030.20.11.0002, Stillwater Township, MN as it pertains to its
potential purchase for inclusion into the Pine Point Regional Park.
12. 10:50 Adjourn
Washington
; _;County
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EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
13.10:55 Board Workshop with Public Works
A.Review potential flooding of county roads during spring 2020.
14.11:25-11:45 Break
15. 11:45-1:15 Board Workshops with Administration
A. Review the projects included in the 2020 - 2024 Capital Equipment and Technology Plan
(CETP).
B. Discussion of a potential Land and Water Legacy Program conservation easement on the
Berggren parcel in Afton
C. Discussion of a potential Land and Water Legacy Program project in partnership with Belwin
Conservancy and the City of Afton.
Washington
; _;County
STILLWATER TOWN BOARD MEETING
February 13, 2020 Town Hall 7:00 P.M.
PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Rod Hunter, Tim Sinclair,
Bonnie Haines and Mike McMahon, Clerk Kathy Schmoeckel, Planner Merritt
Clapp-Smith, Treasurer Marsha Olson and Chief of Police Steve Nelson.
7:00 P.M. – Public Hearing – Goldstrand Minor Subdivision
Pursuant to notice in the Stillwater Gazette and to surrounding property owners, a Public
Hearing was held to consider a request from Judith and Bruce Goldstrand to split a 42
acre parcel into two single-family lots – a 12 acre lot with an existing home and a 30
acre lot for a future residential use. Made a part of the record are the names and
addresses of attendees:
Bruce and Judy Goldstrand – 10824 Myeron Road, Stillwater
Shelly Goldstrand – 3301 Filmore St NE, Minneapolis
Dana Hupert – 5512 Jenni Ln, White Bear Lake TWP
Don Bromen – 11180 Otchipwe Av N, Stillwater
Brigg Backe – 9052 140th St N, Hugo
Steve Anderson – 11135 Penfield Av N, Stillwater
Robert Ranalla – 9596 Stonebridge Tr N, Stillwater
Jennifer Maes – 10543 St. Croix Tr N, Stillwater
Planner Merritt Clapp-Smith gave a recap of the application and reviewed her
recommendation and conditions. All criteria are met.
There were no comments from the public.
Tim Sinclair asked what is the plan for the parcel to the west of Parcel B? Clapp-Smith
– There is already a single family home there.
The public hearing was closed at 7:10 p.m.
M/S/P Hunter/McMahon moved to approve the Preliminary Plat for 10824 Myeron Road
North subject to the following conditions:
1. The lot split shall be in substantial compliance with the plans submitted to the
Township on January 8, 2020.
2. The Applicant shall satisfy all requests provided in comments by the Township
Engineer.
3. There are two easements on the property, within the boundaries of Parcel A.
They shall be recorded as easements of Parcel A, when filed with the County.
Stillwater Town Board Mtg. – 2/13/20 Page 2
4. As Parcel B proceeds to development, plans and applications for the proposed
site work and construction shall be submitted and approved, as required by local
and state regulations. These plans shall include but are not limited to:
a. Grading and Erosion control
b. Stormwater pollution prevention
c. Soil testing for septic and septic plans submitted to Washington County for
approval
d. Landscaping
e. Driveways
f. Buildings
5. The Applicant shall pay a Parkland Dedication fee of $2,500, based on the
Township requirement for $2,500 in dedication fee per newly created lot.
6. The Applicant shall record the plat with Washington County within one year of
the date when the minor subdivision is approved.
7. The Applicant shall pay all fees and escrows associated with this application.
(5 ayes)
Bruce Goldstrand added that they have lived here for 50 years and they are at an age
when they need to make a change. They complimented the Board and thanked them
for creating a comfortable atmosphere for citizens.
Regular Meeting –
1. AGENDA – M/S/P Haines/Sinclair moved to adopt the agenda as amended. (5 ayes)
2. MINUTES – M/S/P Sinclair/Hunter moved to approve the January 9, 2020 Stillwater
Town Board Meeting minutes as written. (5 ayes)
3. ATTORNEY –
a. Fire Contract – M/S/P McMahon/Hunter moved to authorize the Chair to sign the
contract pending consideration of any concerns from the Attorney. (5 ayes)
4. ENGINEER –
a. FEMA Insurance – This will be tabled until the next meeting. We will check for
input from the Attorney.
b. Road Striping – The Engineer will be asked to check on this and report back.
5. TREASURER –
a. Report given.
b. Board of Audit – M/S/P Sinclair/Hunter moved to authorize signatures for the
Board of Audit. (5 ayes)
c. Levy – M/S/P Hunter/Haines moved to approved the proposed levy for 2021 as
follows:
$390,949 General Fund
$250,950 Road and Bridge
$293,500 Capital Road and Bridge
$935,399
(5 ayes)
Stillwater Town Board Mtg. – 2/13/20 Page 3
d. Checks and Claims -Checks and Claims #44165 through #44189 were approved
for payment.
6. PLANNER –
a. Raleigh/Miller Update – The Public Hearing for the Permit renewal will be held on
February 27, 2020. There are limits to what rules we can impose, but we can limit
the hours of operation. We could require a camera be set up to determine what
direction truck are going when they leave the pit. The applicant will be notified of
what rules the Township is considering as a courtesy. The Planner will check with
Ann Pung-Terwedo, Washington County, to request she also attend the hearing.
7. CHIEF OF POLICE –
a. Report given. There were 11 burning permits in December. Only one permit
issued for January. There were no impounds. There were 62 calls for service in
December.
b. Dog Licenses Website – The website has been revised to make it easier to
access information. Residents should be aware that we do not post private
information without their permission.
c. Signage on Park Trails – There was discussion of whether to post “No Motorized
Vehicles” signs on all trails. Currently some trails are marked and others are not.
The Park Committee will be asked to consider this at their next meeting.
8. PINE POINT PARK MASTER PLAN – Connor Schaefer, Washington County, was
present to discuss planned improvements to Pine Point Park. They have had input from
several groups, such as equestrians and bikers.
Improvements being considered include:
x Access for non-motorized boats
x Acquire land from the Outing Lodge and other landowners when it becomes
available
x Add a nature playground
x Trail re-alignments
x Natural resource improvements
They are looking for either a letter or resolution of support from the Township. They will
provide a template for a resolution.
M/S/P Sinclair/Hunter moved to authorize the Chair to sign the template resolution
provided by Washington County. (5 ayes)
9. PARK COMMITTEE APPLICATION – Jennifer Maes was present to discuss her interest
in serving on the Township’s Park Committee.
M/S/P Haines/Hunter moved to appoint Jennifer Maes to the Park Committee. (5 ayes)
10. TOWNSHIP DINNER – The Clerk will check with the Outing Lodge to see if their
facility would be available on either March 16 or March 23 for the annual Township
dinner.
Stillwater Town Board Mtg. – 2/13/20 Page 4
11. WASHINGTON COUNTY BRIDGE REPORT – Washington County has identified the
need for a clearance sign on the railway bridge over Arcola Trail. The Engineer will be
asked to weigh in.
12. ANNUAL MEETING REPORTS – There was discussion of who will be responsible for
the various reports for the annual meeting on March 10, 2020.
13. RECYCLING COORDINATOR – The Township needs a new recycling coordinator.
There will be an item in the upcoming newsletter as well as on the website.
14. JOINT POWERS AGREEMENT WITH WASHINGTON COUNTY SHERIFF’S OFFICE –
M/S/P Haines/McMahon moved to authorize the Chair to sign the agreement after the
Chief of Police has had an opportunity to review it. (5 ayes)
15. PAT BANTLI’S PASSING – There will be an item in the upcoming newsletter about
the passing of former Clerk, Pat Bantli.
M/S/P Haines/McMahon moved to contribute $100.00 to Family Means in her name. (5
ayes)
16. STATE OF MINNESOTA AUDITOR’S PRESS CONFERENCE – Sheila-Marie Untiedt
participated in a press conference with the State Auditor to discuss how different
communities get their revenue stream.
17. 2020 POTENTIAL SPRING FLOOD MEETING – Rod Hunter will attend this meeting to
be held at the Washington County Government Center on February 18th from 1:00 pm
to 4:00 pm.
18. ADJOURNMENT – The meeting was adjourned at 8:45 p.m.
Clerk______________________________________
Chairperson_________________________________
Approved___________________________________