HomeMy WebLinkAbout2020-03-17 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
REVISED AGENDA
CITY COUNCIL MEETING
March 17, 2020
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Covid‐19 discussion update – Resolution 2020‐028
2. Resolution 2020‐027, Certificate of Appreciation Retirement, Mike Kuehn
V. STAFF REPORTS
3. Police Chief
4. Fire Chief
5. City Clerk
6. Community Development Dir.
7. Public Works Dir.
8. Finance Director
9. City Attorney
10. City Administrator
VI. 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.
11. February 18, 2020 regular meeting minutes
12. February 25, 2020 regular meeting minutes
13. Payment of Bills
14. BP Gas Inc Tobacco License Name Change – Resolution
15. Cruisin’ on the Croix Car Show Event and Contract
16. Mass Emergency Notification System Contract (Code Red)
17. Matthew Rydeen, Horse Drawn Carriage Rides on public roadways license – Resolution
18. Municipal Dock Permit for St. Croix Boat & Packet Company
19. Temporary Liquor License for Lift and Loop Celebration
VII. PUBLIC HEARINGS – Out of respect for others in attendance, please limit your comments to 10 minutes or less.
Both public hearings have been postponed until further notice
20. CPC Case No. 2019‐25 to consider amending the City’s sign regulations. Specifically, this
amendment would be to consider changing the sign regulation section of the City’s Zoning Code
(City Code Ch 31) by allowing electric message center signage to some areas of the City, by
addressing content neutrality and commercial speech concerns, by re-organizing the
regulations to improve understandability, and other organizational and clerical changes. Notice
was published in the Stillwater Gazette on December 6, 2019 – (this was tabled from the 1/7
Council meeting). – Ordinance 1st reading
Page 2 of 2
City Council Meeting Agenda
March 17, 2020
21. CPC Case 2020‐05 to consider an appeal request by the City of Stillwater, applicant, for the
reconsideration of the HPC’s denial of Case No 2020-03 South Main Street Retaining wall
design. Property located at the south end of Main Street, adjacent to the South Main Street
Public Stairway. Notice was published in the Stillwater Gazette on March 6, 2020.
VIII. UNFINISHED BUSINESS
22. Contract for Chestnut Street Plaza Design and Construction
IX. NEW BUSINESS
23. City of Oak Park Heights Allen S. King Plan Decommissioining and Reuse Adivsory Panel
24. CSAH 5 Phase 2 Improvement Project Accepting Bid
25. Delinquent Tax Payment Plan Request for Zephyr Theatre
26. Neal Avenue Improvement Project Approval of Plans & Specs and Order Ad for Bids
27. Neal Avenue Parking Restriction
28. Ordinance Amending Stillwater City Code Sec 23-1, Fire Department – Ordinance 1st Reading
29. Ordinance Amending Stillwater City Code Sec 51-5, Snow Emergencies – Ordinance 1st Reading
30. Ordinance Amending Stillwater City Code Sec 33-1, Adopting the State Building Code and Fire
Code – Ordinance 1st Reading
31. Ordinance Repealing Stillwater City Code Section 27-1 and Enacting Sections 27-4 and 27-5
Regarding Licensing of Dogs, Potentially Dangerous Dogs and Dangerous Dogs – Ordinance 1st
Reading
32. Ordinance Amending Stillwater City Code Section 41-2, Licensing of Tobacco Sales; Possession
and Use – Ordinance 1st Reading
X. COUNCIL REQUEST ITEMS
XI. ADJOURNMENT
RESOLUTION NO. 2020-028
RESOLUTION DECLARING A LOCAL EMERGENCY
WHEREAS, on January 21, 2020 the first case of COVID-19 was detected in the
United States in a traveler returning from Wuhan City, Hubei Province, China; and on
March 6, 2020 the first case of COVID-19 was detected in the State of Minnesota in Ramsey
County; and
WHEREAS, the City's Emergency Management Division has been preparing for
weeks, working diligently with local, state, and federal partners to maintain situational
awareness and respond to COVID-19; and
WHEREAS, as of March 14, 2020 the World Health Organization Situation Report
confirms a total of 142,539 cases of COVID-19 in 135 countries, including 5393 deaths; and
as of March 15, 2020, a total of 35 cases of COVID-19 have been reported in Minnesota;
WHEREAS, additional local cases will trigger a more aggressive public health
response and are predicted to impact residents and those who work in or travel through
the City; and the need for social distancing, school closings, and quarantine methods to stop
the spread of COVID-19 is expected to cause significant challenges; and
WHEREAS, the City Administrator and the Emergency Management Team find that
this situation threatens the health, safety, and welfare of the citizens of the community and
will cause a significant impact on the ability of public safety personnel to address any
immediate dangers to the public as a result of COVID-19; and
WHEREAS, the City Administrator and the Emergency Management Team find that
traditional sources of financial aid, assistance and relief will not be able to compensate for
the potential impact of COVID-19 and additional coordination and assistance on resources,
including employees that will be needed from Washington County, the State of Minnesota,
and Federal resources.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor of the City of Stillwater,
County of Washington, State of Minnesota, under the authority of Minnesota Statutes
Section 12.29, declares that a state of emergency exists within the City, effective March 17,
2020, with all the powers and responsibilities attending thereto as provided by Minnesota
Statutes, Chapter 12.
BE IT FURTHER RESOLVED that all City departments and offices are directed to
operate and support the response to this incident, under the direction and coordination of
the Emergency Management Division, including implementing new employee protocol,
strategies and processes to ensure that the public services are maintained.
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 17th day of March 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 17th day of March 2020.
Page 1
LIST OF BILLS
Ace Hardware Supplies 66.82
Action Rental Inc.Core drill rental 85.00
Advance Auto Parts Supplies 848.24
Amdahl Locksmith Inc Chris Locks installed 816.80
AMI Consulting Engineers PA Riverbank Stabilization 3,813.75
Armor Security Inc.Quarterly Monitoring Service 84.00
Aspen Mills Badges 661.21
Barnum Gate Services Slide gate repair 485.00
Beehive Industries LLC Beehive license 31,363.00
BHE Community Solar Solar Energy 2,020.40
Blue Tarp Financial Equipment repair supplies 99.96
BlueCross BlueShield of MN Inc.Retiree Health Ins 2,395.00
Board of Water Commissioners WAC Charges 4,257.00
Cambronne Eric Reimburse for fuel 57.79
Campion Barrow & Associates Law enforcement testing 850.00
Cargill Inc.Deicer 33,457.55
CDW Government Inc.Computer equipment 113.05
Cintas Corporation Uniforms 716.44
City Wide Maint of MN Commercial cleaning services 4,728.34
Clifton LarsonAllen LLP Audit 8,000.00
Cole Papers Janitorial supplies 299.80
Comcast Cable TV 38.90
Cub Foods Food for election 108.06
Dalco Janitorial supplies 798.21
DCA Title 425 Nelson ST E Title fee 1,150.00
Dell Marketing L.P.Computer equipment 10,196.26
DLT Solutions LLC Maint agreement 2,660.78
ECM Publishers County Hwy 5 Bids 213.70
Emergency Medical Products Defib pads 67.47
Emergency Response Solutions Replacement lens face piece 633.88
Enterprise FM Trust Lease vehicles 7,018.11
Force America Equipment repair supplies 409.20
Frontier Ag & Turf Equipment repair supplies 1,228.22
Galls LLC Uniforms - Gannaway 493.89
Goodyear Commercial Tire Tires 117.24
Gopher State One Call Inc.Locates 117.45
Grainger Building repair supplies 873.55
Granicus Inc Qtrly web streaming service 1,733.25
Greiner Michael Reimburse for mileage 42.09
Guardian Supply Duffel bag - Wulfing 272.93
Hildi Inc Fire Relief Valuation fees 2,600.00
Hisdahl Inc Engraving 15.00
Holiday Companies Vehicle washes 395.00
IAFC Membership Membership 265.00
International Code Council Supplies 461.65
Page 2
International Society of Arboriculture Membership 175.00
JBG Design & Development Refund PUD 1,025.00
Junker Brad Reimburse for lodging for conference 138.51
Kelly & Lemmons PA Prosecution 8,333.00
L.T.G.Power Equipment repair supplies 48.74
Lakeview Hospital Legal blood draws 50.00
Lawson Products Equipment repair supplies 739.93
League of MN Cities Stormwater Coalition Contribution 780.00
League of MN Cities Ins Tr Workers Comp Insurance 88,830.00
Lentz Dan Reimburse for mileage 225.40
LeVander Gillen Miller PA Retainer 9,386.86
Lincoln National Life Insurance Co COBRA Life Insurance 18.00
Little Falls Machine Inc.Equipment repair supplies 82.64
Loffler Companies Copier Lease 6,182.34
Loucks Associates Curve Crest Lakeview Feasibility 26,364.29
Lynn Peavy Company Supplies 354.40
Madden Galanter Hansen LLP Labor Relations Services 2,674.77
MailFinance Inc Postage machine lease 455.01
Mansfield Oil Company Fuel 4,914.60
Marshall Electric Company Garage doors opener 588.00
McDaniel Law & Policy Professional government relations services 6,250.00
Menards Supplies 2,161.05
Metropolitan Council Wastewater Charge 176,480.94
Metropolitan Mechanical Contractors Maintenance 853.75
MidAmerica Inc Waste processing 875.46
MN Rural Water Association Class registration 200.00
MP Nexlevel LLC Locating 206.25
Municode Code pages 227.80
MWOA Membership 100.00
MWOA Metro Section meeting 80.00
My Alarm Center Alarm Monitoring Services 105.12
Newman Signs Signs 4,260.20
Nutritional Weight & Wellness Preventing Heart Disease 375.00
Office Depot Office supplies 128.64
Olsen Megan Reimburse for tow in error 367.81
Olson Patrick Allen Shadowbox 510.00
OnSite Sanitation Portable Restroom 527.00
PDQ.com Renew PDQ 1,800.00
Performance Plus LLC Drug screen 841.00
Pioneer Press St. Paul Notice of public hearing 21.93
Postmaster Newsletter Postage 1,460.21
Primary Products Co.Nitrile gloves 198.35
Pro-Tec Design Ice arena card access 1,439.70
Quill Corporation Wall clock 201.14
RDO Equipment Equipment repair supplies 135.44
Rinta Nolan Reimburse for tow in error 317.81
Robole Donna Reimburse for conference 150.00
Page 3
Safe Fast Inc Jackets 127.90
Sirotiak Lauren Reimburse for mileage 96.60
Springbrook Software Monthly UB web payments 274.00
SRF Consulting Group ADA Transition Plan 267.34
Stillwater Motor Company Equipment repair supplies 472.64
Stillwater Turf & Power LLC Micro-lite bar 35.76
Streichers Ammo 741.49
Summit Companies Annual Sprinkler Inspection 415.00
SW/WC Service Cooperatives AP COBRA Health Insurance 69,087.19
Thomson Reuters Information Charges 146.20
Titan Machinery Shakopee Equipment repair supplies 376.57
Toll Gas and Welding Supply Cylinders 42.46
Tri-State Bobcat Lawn mower 1,415.99
Truck Utilities Inc.Equipment repair 390.93
Universal Truck Equipment Equipment repair supplies 798.00
US Bank Paying agent fees 1,000.00
Valley Trophy Inc.Names plate holder 32.50
Volunteer Firefighters Benefit Firefighters Ins 1,690.00
Voyant Communications Phone 529.36
Washington County Property Records Year end reports 2,143.13
Welle Scott June 2020 Workshop 250.00
Wolf Beth Reimburse for food for judge training 29.74
Wonderware Midwest WIN-911 600.00
Xcel Energy Energy 16,241.73
Zacks Inc.Rakes & brooms 481.57
Ziegler Inc.Equipment repair supplies 507.34
Zubert Andrew Work Boots 160.00
REC CENTER
1ST Line/Leewes Ventures LLC Snacks for concessions 1,910.00
Ace Hardware Supplies 505.08
Advanced Sportswear Jackets 390.00
Arrow Sports Group Concession supplies 563.78
Benck Mechanical Inc.Equipment repair 211.50
Canteen Refreshment Services Concession supplies 2,138.99
Cintas Corporation Mat cleaning service 206.00
Coca-Cola Distribution Beverages for concessions 1,952.61
Cub Foods Buns for concessions 13.50
Energy Sales Equipment repair supplies 1,215.00
Holiday Credit Office Fuel 267.52
ISD #834 Stillwater Area Schools Ad in Community Ed Catalog 700.00
Lindstrom Solar LLC Solar Energy 2,096.82
Menards Supplies 467.10
Mercury Electric Equipment repair 189.00
MN Dept of Public Safety EPCRA Program Hazardous Chemical Fee 25.00
MN Ice Arena Mgr Assoc Membership 240.00
Page 4
Pepsi Beverages Company Beverages for concessions 2,015.31
R&R Specialties Inc.Equipment repair supplies 381.78
Recycle Away LLC Recycling equipment 4,767.37
Region 4AA Gate Split Hockey 5,072.00
Riedell Shoes Inc.Skates 443.68
Sentry Systems Inc.Alarm monitoring 140.85
Twin Cities Dots & Pop Concession supplies 451.44
CREDIT CARDS
10000 Lakes Chapter of ICC Membership 95.00
Active911 Inc Membership 7.75
Amazon.com Key duplicator 1,847.24
AMEM Membership 200.00
APWA Membership 252.50
Assoc. of MN Building Official Membership 210.11
Backgroundchecks.com Back ground checks 174.25
BCA Training Training 100.00
Constant Contact Yearly agreement 405.00
Green Light Depot Lights for evidence room LED retro fit 3,273.60
Home Eletrical Trial light for council 171.75
IAPE Membership 50.00
ICMA Registration for webinar 149.00
Minnesota Sheriffs Association Training 650.00
MN Nursery & Landscape Assoc Landscaping conference 604.00
MN State Fire Chiefs Assn Membership 280.00
NPELRA Conference registration 120.00
Online Labels Barcode labels 32.03
Optics Planet Flashlight combo mount for squad shot guns 284.32
University of MN CCE Registration Membership 375.00
Washington County Hazardous Waste Hazardous waste license renewal 99.00
LIBRARY
Amazon Business Supplies 794.55
Bredemus Hardware Co. Inc.Building Repairs - Parking 3,200.00
Brodart Co Materials 4,139.52
Cintas Corporation Towels & Rugs 77.84
Comcast Internet/WiFi - Mar 2020 188.06
Culligan of Stillwater Water 33.25
Friends of the Stillwater Public Library Reimbursement for Friends 347.00
Grainger Repair Supplies (Bird Det)72.68
Hedin Sue Programs 91.96
Koegel Christian M Processing 343.00
Mad Science of MN Programs 199.00
Master Mechanical Inc.Preventative Maintenance 1,126.50
Menards Janitorial Supplies 100.18
Page 5
Mercury Electric Building Repairs - Parking Ramp Door 126.00
Midwest Tape Materials 187.96
Office of MN IT Services Phone 143.70
One23 Events LLC February 2020 Monthly Fee 2,000.00
Otis Elevator Company Maint Contract 3/20 - 5/20 926.92
Overhead Door Co Building Repairs - Parking Ramp Exit Gate 588.90
Pioneer Press St. Paul Materials 1,005.56
Quill Corporation Janitorial Supplies 55.96
Recorded Books Inc Materials 2,346.94
Stillwater Printing Co.Printing - Drivers Manual 345.00
Textile Center Programs 325.00
US Postal Service Newsletter 292.04
LIBRARY CREDIT CARD
AccuCut Systems Supplies - Juv 225.00
Brady Worldwide Custodial Supplies (SPLF 2019-10 Cust)417.94
Dream Host Web Hosting 209.40
SmartSign Signage (SPLF 2019-10 Cust)116.28
ADDENDUM
Amdahl Locksmith Inc Chris Install locks 502.00
American Pump Company Diesel Pump Rental-Flood 3,460.00
Aspen Mills Uniforms - Hoffman 188.50
Board of Water Commissioners Hydrant Ball Valve 365.11
CDW Government Headset 201.99
Cintas Corporation Mat & uniform cleaning service 309.21
Cole Papers Disinfectant Wipes 476.40
Collaborative Design Group Inc.Lowell Park Pavilion & Levee Wall 2,006.66
Comcast Internet 255.20
Computer Integration Technologies Heirloom & Landmark Website 298.25
Dalton Don J Hydroseed 1,800.00
ECM Publishers Publications 128.25
Ecolab Foam Hand Sanitizer 104.30
Emergency Automotive Parking Enforcement Vehicle Outfitting 6,199.80
Environmental Equipment & Services Equipment Repair Charges 13,130.05
Flexible Pipe Tool Co.Skid 4"394.15
Frontier Ag & Turf JD Snowblower 54"3,390.00
Grainger Equipment Repair Supplies 172.88
Hoisington Koegler Group Inc Professional services 7,620.08
J&K Window Tinting Window tint 1,000.00
Lakeview Hospital Legal blood draws 50.00
Lawson Products Equipment Repair Supplies 421.28
Little Falls Machine Inc.Equipment Repair Supplies 617.30
Menards Supplies 2,013.40
Minnesota Occupational Health Drug Screen 442.20
Page 6
MK Mechanical Bathroom repair 471.00
Office Depot Office supplies 150.30
Pioneer Press St. Paul Subscription - Turnblad 236.52
R&R Specialties Inc.Equipment Repair Supplies 3,025.99
Siegfried Construction Company Emergency Bluff Repair 79,639.69
Simplifile LC Filing Fees 150.00
St. Croix Boat and Packet Co.Jan Ramp Cleaning 810.00
Streichers Ammo 1,245.92
Taylor Kathleen Refund ramp permit 50.00
Tobin Kari Park Fee Refund 90.00
Truck Utilities Inc.Emergency Stop Switch 29.09
Uline Inc Supplies 316.60
TOTAL 764,576.66
Adopted by the City Council this
17th day of March, 2020
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
March 17, 2020
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Resolution 2020‐027, Certificate of Appreciation Retirement, Mike Kuehn
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
i. Covid-19 discussion update
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. February 18, 2020 regular meeting minutes
11. February 25, 2020 regular meeting minutes
12. Payment of Bills
13. BP Gas Inc Tobacco License Name Change – Resolution
14. Cruisin’ on the Croix Car Show Event and Contract
15. Mass Emergency Notification System Contract (Code Red)
16. Matthew Rydeen, Horse Drawn Carriage Rides on public roadways license – Resolution
17. Municipal Dock Permit for St. Croix Boat & Packet Company
18. Temporary Liquor License for Lift and Loop Celebration
VIII. PUBLIC HEARINGS – Out of respect for others in attendance, please limit your comments to 10 minutes or less.
19. CPC Case No. 2019‐25 to consider amending the City’s sign regulations. Specifically, this
amendment would be to consider changing the sign regulation section of the City’s Zoning Code
(City Code Ch 31) by allowing electric message center signage to some areas of the City, by
addressing content neutrality and commercial speech concerns, by re-organizing the
regulations to improve understandability, and other organizational and clerical changes. Notice
Page 2 of 2
City Council Meeting Agenda
March 17, 2020
was published in the Stillwater Gazette on December 6, 2019 – (this was tabled from the 1/7
Council meeting). – Ordinance 1st reading
20. CPC Case 2020‐05 to consider an appeal request by the City of Stillwater, applicant, for the
reconsideration of the HPC’s denial of Case No 2020-03 South Main Street Retaining wall
design. Property located at the south end of Main Street, adjacent to the South Main Street
Public Stairway. Notice was published in the Stillwater Gazette on March 6, 2020.
IX. UNFINISHED BUSINESS
21. Contract for Chestnut Street Plaza Design and Construction
X. NEW BUSINESS
22. City of Oak Park Heights Allen S. King Plan Decommissioining and Reuse Adivsory Panel
23. CSAH 5 Phase 2 Improvement Project Accepting Bid
24. Delinquent Tax Payment Plan Request for Zephyr Theatre
25. Neal Avenue Improvement Project Approval of Plans & Specs and Order Ad for Bids
26. Neal Avenue Parking Restriction
27. Ordinance Amending Stillwater City Code Sec 23-1, Fire Department – Ordinance 1st Reading
28. Ordinance Amending Stillwater City Code Sec 51-5, Snow Emergencies – Ordinance 1st Reading
29. Ordinance Amending Stillwater City Code Sec 33-1, Adopting the State Building Code and Fire
Code – Ordinance 1st Reading
30. Ordinance Repealing Stillwater City Code Section 27-1 and Enacting Sections 27-4 and 27-5
Regarding Licensing of Dogs, Potentially Dangerous Dogs and Dangerous Dogs – Ordinance 1st
Reading
31. Ordinance Amending Stillwater City Code Section 41-2, Licensing of Tobacco Sales; Possession
and Use – Ordinance 1st Reading
XI. COUNCIL REQUEST ITEMS
XII. ADJOURNMENT
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Resolution 2020-027
:Jvt.iie Xuefin
WHEREAS, :M.icfiae{ Xuefin, lias retiree{ from City
emy{oyment, as Maintenance Worker 1V, effective
:February 29, ·2020.
NOW THE REFOR E, BE IT RESOLVED, by tlie City Counci(
of tlie City of Sti(Cwater, Minnesota, tliat for liis cfecficated
service to tlie City of Sti{{water, Mike Xuefin is hereby
commended for serving tlie City f aitlifu{(y, efficient(y ana
courteous(y for more tlian 19 years. 'Tlie Counci{ regrets
tliat lie retired from City emy(oyment, and extencfs to liim
tlieir ayyreciation for liis decficated service.
BE IT FURTHER RESOLVED, tliat tlie City Cferk is liereby
autliorized and cfirectecf to enter tliis Certificate of
..'Ayyreciation uyon tlie officia{ record of tlie Counci{ ancf to
cfefiver a certified coyy tliereof to Mike Xuefin.
..'Acfoyted by tlie City Counci( tliis 17th day of Marcli,
2020.
:Mayor
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
February 18, 2020
REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:00 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Weidner and Polehna
Absent: Councilmember Junker
Staff present: City Administrator McCarty
City Attorney Land
Community Development Director Turnblad
Finance Director Provos
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
Assistant City Engineer Abdullah
City Clerk Wolf
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Certificate of Appreciation of Retirement for K-9 Officer Buzz
Mayor Kozlowski read Resolution 2020‐020 commending K-9 Officer Buzz on his
retirement after ten years of service.
Officer David Wulfing thanked the City for giving Buzz the opportunity to serve for the past
ten years.
Proclamation of United States Navy Senior Chief Petty Officer Anton (Tony) Schoene
Mayor Kozlowski read a proclamation designating February 21, 2020 as Tony Schoene Day.
OPEN FORUM
Ann Martin thanked the Mayor and Council for entering the Bird City program and asked
the Council to help promote Migratory Bird Day at Washington Square on May 23.
STAFF REPORTS
Police Chief Gannaway stated that the St. Croix River has a 60% chance of flooding.
City Clerk Wolf reminded the Council that next week’s Council meeting will start at 4:30 and
end by 6:00 pm due to caucuses.
Community Development Director Turnblad reported that proposals for the Chestnut Street
Plaza design are due on Friday. He hopes to present a recommendation by February 25.
City Council Meeting February 18, 2020
Page 2 of 13
Public Works Director Sanders stated that a consultant will present the ADA plan to the
Human Rights Commission on Wednesday, and then a report will be given to the Council.
He added that on Monday, Washington County will have a Manning Avenue stakeholders’
meeting to present the plan and funding options. He will brief the Council about the meeting
on February 25.
City Administrator McCarty noted the League of Minnesota Cities Legislative Conference is
March 18-19.
CONSENT AGENDA
February 4, 2020 regular and recessed meeting minutes
Payment of Bills
Purchase of 2020 Ford 550 Truck for Public Works
Sanitary Sewer Adjustments
St. Croix Valley Rec Center Recycling Contract
Resolution 2020‐021, approving Solid Waste, Recycling and/or Roll-off Hauler
License
Councilmember Polehna commended Doug Brady for working with Washington County to
obtain a $32,000 grant to put new recycling, trash and compost containers throughout the
St. Croix Valley Rec Center.
Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt the Consent
Agenda. All in favor.
PUBLIC HEARINGS
To enter into an energy service agreement with Ameresco, Inc. to perform a detailed energy
audit of city facilities for installation of energy efficiency and renewable energy improvements.
City Administrator McCarty stated that Ameresco submitted a proposed Project
Development Agreement (Energy Services Agreement) to conduct detailed energy audits
and identify specific energy and operational cost savings that will self-fund facility
improvements. Identified potential facility improvement measures are estimated to cost
$700,000-$1,000,000 and include: facility lighting upgrades, street lighting improvements,
mechanical system improvements, garage heating improvements and building envelope
improvements. If the energy savings is not sufficient to pay debt service, Ameresco covers
the funding gap. Ameresco will serve as the Construction Manager for all phases of the
energy facilities improvement program. If the City chooses not to complete the proposed
projects, the City will owe Ameresco a project development fee of $35,000. No project
development fee is incurred if the City moves forward with the energy efficiency
improvement projects. The approximately six-month project timetable provides for energy
analysis, project design and bid document activities, with construction activities to begin in
late August 2020. Staff recommends that the Council adopt the resolution approving the
Project Development Agreement with Ameresco.
City Attorney Land added that a public hearing is required to get the exception to the public
bidding requirement.
Mayor Kozlowski opened the public hearing.
City Council Meeting February 18, 2020
Page 3 of 13
Eric Laumeyer, Ameresco, informed the Council the preliminary assessment estimated total
project cost between $700,000 to $1 million. The potential energy savings will be $50-
60,000 per year. No capital dollars are required; the improvements will be funded through
already-budgeted utility costs. Payback is anticipated within 20 years.
Ann Martin asked, how does this overlap with the B3 benchmarking; and Community
Development Director Turnblad answered that they are independent projects with the same
goal. B3 benchmarking, one of the tasks associated with the GreenStep Cities Program, is a
method of keeping track of energy expenses in each of the City-owned facilities over time to
identify improvements and track energy saving progress.
Mayor Kozlowski closed the public hearing.
Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution
2020‐022, approving Project Development Agreement with Ameresco, Inc., to conduct a
detailed energy audit and manage installation of energy efficient improvements for City
facilities based on energy cost reductions. All in favor.
CPC Case 2019‐70 to consider a request by Jeffrey and Patricia Pratt for a resubdivision and
variance for the property located at 7960 Minar Avenue North.
Community Development Director Turnblad reviewed the case. The applicants submitted a
request to subdivide their 2.50 acre homestead lot at 7960 Minar Avenue North into two
lots. The lot for the existing house would have 1.428 acres and the new lot, proposed to be
created south of the existing residence, would have 1.075 acres. The Planning Commission
granted a variance for the depth of Parcel A on the basis that practical difficulty had been
established by the property owner. The Parks Commission asked that a 20’ wide trail
easement be required along the front of the property for a future trail. The property owners
are ok with this and it has been incorporated as a condition of approval. Staff finds code
regulations to be satisfied, and finds the proposed subdivision to be consistent with the
current Comprehensive Plan. Therefore, staff recommends adoption of the resolution
approving the resubdivision, with four conditions.
Mayor Kozlowski opened the public hearing. There were no public comments. Mayor
Kozlowski closed the public hearing.
Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution
2020‐023, a resolution approving the resubdivision of Lot 4, Block 1, Boutwell Valley Estates,
Case No. 2019‐70. All in favor.
CPC Case 2020‐04 to consider an event request for ArtReach Alliance located at 224 4th Street
North.
Community Development Director Turnblad reviewed the case. Per the Special Use Permit,
outside assemblies are allowed only with approval of the City Council after holding a public
hearing. ArtReach is requesting permission from the City Council to hold a Community
Celebration for their 10th Anniversary. The event would take place indoors in the gallery
and outdoors under a tent on the south lawn. The music has not been determined yet, so
more clarification should be requested. Use of the City parking lot, if allowed, would ease
on-street parking. ArtReach has proposed to hold the event on either Thursday, August 13,
Saturday, August 15, or Friday, August 14. Staff recommends the Council approve one of the
City Council Meeting February 18, 2020
Page 4 of 13
mentioned dates, to allow ArtReach to host an event at 224 Fourth Street North, with three
conditions.
Councilmember Polehna inquired if music may be amplified; and Mr. Turnblad responded
that there was a lot of concern about amplification when this use was first granted. The use
permit does not prohibit amplified music, but says if they are going to have an outside event
they need to discuss it with the Council. Last time the facility held an event, the Council
allowed acoustic music only.
Councilmember Weidner commented that prohibiting amplified music would be ridiculous
because this is a once in ten years event.
Mayor Kozlowski opened the public hearing.
Heather Rutledge, executive director of ArtReach St. Croix, stated ten years ago ArtReach
started to program the space, including their annual member show each year. This year they
would like to shift their annual fundraiser to the closing party of this show. She stated
amplified music will probably be needed. They intend to stay within the noise ordinance
and the event will take three hours, celebrating ten years of programming.
Mayor Kozlowski closed the public hearing.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the
request to hold an event at ArtReach Alliance, 224 Fourth Street North, with amplified music.
All in favor.
Project 2020‐02 to consider the 2020 Street Improvement Project.
Assistant City Engineer Abdullah explained the proposed 2020 Street Improvement Project,
encompassing 3.1 miles of streets proposed for improvements, 1.27 miles of mill and
overlay and 1.83 miles of street reconstruction in the Greeley Street, Fourth Street, and
Croixwood areas. The total estimated cost of the project is $2,493,894. The cost includes
design, surveying, inspection, administration, and contingencies. The cost of the project
would be funded through three sources: assessments, permanent improvement bonds and
Municipal State Aid Funds. According to the City Assessment Policy, street reconstruction
projects are assessed 70% to the benefitting property owner and 30% from City funds.
Municipal State Aid Roads are assessed at 50% to the property owner. It is proposed that
residential properties be assessed by the unit method with corner lots being assessed 1/2
unit per side improved. Commercial and City-owned properties would be assessed by the
lineal foot. He explained that North Fourth Street, a Municipal State Aid Road, will be
assessed at 50%. Credit is given because of the extra width and pavement section
requirements for State Aid Roads over a standard city street. The preliminary assessment
amount for these units is $12,611 per unit, and the lineal foot rate for commercial, and City-
owned properties is $86.30 per foot. Greeley Street, Linden Street, William Street, School
Street, Aspen Street, and Rice Street would be reconstructed. Properties would be assessed
by the unit method at $9,781 per unit. The lineal foot rate for City-owned property is $84.50
per foot. Northland Avenue from south of Croixwood Boulevard would be partially
reconstructed. Properties would be assessed at 70% with preliminary assessment amount
being $4,880 per unit. The lineal foot rate for City-owned properties is $39.65 per foot. The
estimated cost of the mill and overlay portions of Croixwood, Driftwood, Pinehurst and
Northland (Croixwood to Interlachen) is $520,938. According to the City Assessment Policy,
City Council Meeting February 18, 2020
Page 5 of 13
mill and overlay projects are assessed 80% to the benefitting property owner and 20% from
City funds. Streets in the Croixwood Area would be assessed by the unit method, using the
preliminary assessment amount of $3,672 per unit. The lineal foot rate for City-owned
properties is $28.80 per foot. Replacement of galvanized water services in the Greeley and
Fourth Street areas would be assessed 100% to the benefitting property owner at an
estimated cost per service of $3,096. Assessments are recommended for ten years at 4%
interest. Plan approval is scheduled for February 25 and construction would take place from
May through October 2020, with the final assessment hearing in October 2020. After the
project is approved, a number of properties will be appraised as examples to consider
benefit.
On a question by Councilmember Weidner about when the sampling of appraisals will be
done; Mr. Abdullah replied that the properties to be appraised have not been chosen yet.
Publici Works Director Sanders added that if the Council orders the project tonight, staff will
start working on appraisals tomorrow.
Councilmember Weidner asked what happens if appraisals come back a lot lower than the
proposed work costs? Could the Council decide not to do the work if the appraisals come
back low; and Mr. Sanders answered staff would have to look at the difference - if it is a
couple hundred dollars, the project could probably proceed, but if the difference is
thousands of dollars, the Council would probably have to choose a different funding
mechanism for the project. The project will probably be under construction by the time the
appraisals come back. If the contractor bids come in 10-20% lower than estimates, that
would decrease the assessment rates. If the Council wants to see the appraisals before
starting construction, the City would be bidding too late in the year to get good quotes and
would probably look at construction in 2021 rather than 2020.
Councilmember Weidner pointed out that the project is not budgeted for in the general fund.
He questioned why start construction if there are many people concerned about the
assessments. He asked if the City can shut down parts of the project; and Mayor Kozlowski
asked if there is any chance appraisals could be done before starting construction; Mr.
Sanders responded that would be a very short turnover time.
Councilmember Weidner inquired if the City can stop some phase of the project even though
it has been put out for bid; and Mr. Sanders responded staff can work with the contractor to
determine what could be deleted to fit within the budget.
Mayor Kozlowski remarked there is a wide range of home values o n Fourth Street, so it may
be difficult to pick samples for appraisals.
Mr. Sanders indicated that staff will try to get the best possible representative sample of
medium, low and high value homes.
Mayor Kozlowski asked if the value of a new street varies from home to home, for example,
is a new street less valuable to a homeowner in Croixwood than it is to a homeowner on
Fourth Street? Are the values delivered by reconstructed roads, similar across the City; and
Mr. Sanders answered that the value varies.
Councilmember Weidner questioned why there are a lot of water hookups proposed for the
project; and Mr. Abdullah replied there are many existing galvanized services that are
experiencing breaks. It is better to replace them now than tearing up the street in future.
City Council Meeting February 18, 2020
Page 6 of 13
Sewer and water services are the property owner’s responsibility from the house to the
main line. The Water Board gave City staff a list of the properties they know are still
galvanized.
Public Works Director Sanders added that the galvanized services are probably 90-100
years old. Most of the time when they are dug up, they are leaking. Residents are given the
option of choosing their own contractor to replace their galvanized water service and then
the City would release that cost from their assessment.
Councilmember Weidner inquired about assessments on Fourth Street, a state aid road; and
Mr. Abdullah responded that the cost of the extra width of the street was removed from the
assessment calculation; residents are being assessed for a regular street and that is 50% of
the cost. State Aid is funded through the City share of the gas taxes the State collects. Each
City has a number of streets allocated as State Aid. Fourth Street is 36’ wide while a regular
City street is 28’ wide, 32’ with curb. So the extra four feet plus the extra 2” of gravel is the
difference.
Public Works Director Sanders added that the State has requirements for road widths
depending on parking. In calculating assessments, that extra width is deleted because it’s
not fair for those people to pay for the additional costs for the street to satisfy the State Aid
requirements. Back in 1997 or 1998 the City did mill and overlay on Croixwood Boulevard
and one concern brought up by residents was being assessed for the extra street width, so
the Council back then requested that they get a reduction in their assessment because of the
street width.
Mr. Abdullah pointed out that Croixwood Boulevard is 39’ wide so staff took out 10’ and
assessed the properties only as if it were 29’.
Councilmember Polehna inquired if the 4% interest is set; and Mr. Sanders responded that
4% is just an example. The actual interest rate will be determined when the City sells its
bond for the year. The ten year assessment period could also be extended to 15 years.
Mayor Kozlowski stated he has been researching other cities’ assessment policies. They
almost universally use 15 year terms. He asked what would be the impact of changing the
assessment term to 15 years.
Finance Director Provos replied that a 15-year term would not recoup City cost as fast so it
could add cost in the long run and would mean money the City would not have for other
projects.
Councilmember Weidner asked for an explanation of the sewer separation project; and Mr.
Sanders explained that years ago, the City had a combined sanitary and storm sewer flowing
into one pipe. Early the 1970s, a large project was undertaken separating the sanitary sewer
from the storm sewer. Many of the streets were reconstructed during that project.
Councilmember Weidner inquired what policies are in place regarding road reconstruction,
mill and overlay, so it does not take another 50 years before streets are reconstructed; and
Mr. Sanders responded in general, streets get a mill and overlay about every 25 years. Some
of the roads in the 2020 project are well beyond that 25 year term. In about 2010 the City
started to do combination mill and overlay/reconstruction projects. Mill and overlay
projects get rid of potholes and ruts and extend the life of the road.
City Council Meeting February 18, 2020
Page 7 of 13
Councilmember Weidner pointed out that for at least 10 years, street projects and
assessments have impacted residents throughout the City. There is a mechanism for
residents to challenge the assessment if they do not feel their property has been improved
to the amount of the assessment.
Public Works Director Sanders added that at the time of the assessment hearing, residents
may challenge or appeal their assessment.
Councilmember Weidner questioned when the practice of doing sample appraisals started;
and Mr. Sanders replied in 2014 and 2015 some appraisals were obtained for properties on
streets scheduled for mill and overlay because there were some appeals from those
residents. In 2017 the City started doing sample appraisals. He added that State Statute
permits those over 65 to apply for deferment of their assessment. There would still be
interest and the assessment would have to be paid at some point.
Mayor Kozlowski asked if active duty military personnel may defer assessments; and Mr.
Sanders answered he is not sure, but he can check it out.
Mayor Kozlowski suggested the Council to review the assessment policy, if possible before
this project is assessed. First, he would like to consider standardizing the assessment term
because every other city in Minnesota that he looked at uses a term of 15 years. He also
found there are commonly three bases for deferments: over 65 or 62, active military, and
financial hardship. Assessments seem to be getting higher. The City cannot assess residents
more than the value increase to the property resultant from the project. He does not think
the property values will go up by $15,000 for some of the homes involved in this project.
There is no perfect assessment scenario but he would like to make sure the Council reviews
the assessment policy.
Mayor Kozlowski opened the public hearing.
A man who lives on Northland Avenue (no name given) thanked the Council for the hearing
loop in City Hall. He asked if Northland will have water services replaced; and
Councilmember Polehna stated no, the services on Northland are copper and do not need
replacement.
The man then asked if there is a $4,200 assessment projected, where does the 80% come in
that homeowners are responsible for; and Councilmember Polehna explained that $4,200 is
the 80%, it is already calculated.
Bruce Bell-Myers, 821 North Fourth Street, remarked that properties vary a lot in size and
use. He supports improvements, but expressed concern that the assessment is not
sustainable on North Fourth Street. He would like to know before the work commences
what the benefit is because it will vary among the various properties. It is not fair for him to
pay the same amount as a neighbor if his property is half the size of the property next door.
Most cities test for benefits before they do the work and he feels that Stillwater should do
the same. Three blocks north of the end of this project on North Fourth Street, there are 16
more units. He assumes that is also a State Aid road. He does not know when that part will
be done, but if it is done next year, the residents will again have upheaval.
Public Works Director Sanders explained that the roadway north of Wilkins is not in as bad
of shape as between Wilkins and Laurel. It is not a State Aid road north of Wilkins Street. A
City Council Meeting February 18, 2020
Page 8 of 13
section north of Wilkins will probably be done when the Council considers redoing
Stillwater Avenue, St. Croix Avenue and Sycamore Street.
Mr. Bell-Myers pointed out that the reason there is so much traffic on North Fourth Street is
the golf course. Stillwater Country Club is not being assessed. The burden of paying for
improvements to that street is on the people who live in its path and this is not right. This
assessment could make some of his neighbors consider moving. He would like to see a
benefit analysis before work is started. If funding is an issue, the City should include the 16
properties and the country club to help pay for the improvements.
Public Works Director Sanders indicated that the City cannot assess a person for work that
is not done in front of their property. Because Fourth Street is a State Aid road, the
assessment rate is 50% versus 70% for those who are not on a State Aid road. State Aid
roads are collector roads so they see higher traffic volumes.
Councilmember Weidner recognized the tough decisions that a City has to make about
improving infrastructure. There are mechanisms to challenge assessments. The City is doing
what it can to try to make it fair. Unfortunately there is a financial burden to the
improvement.
Mr. Bell-Myers stated he felt better when he learned that some appraisals would be done.
He urged the City to do appraisals soon.
Councilmember Weidner noted he wants to avoid over-committing the City, so he feels if
the appraisals do not seem to sustain the assessments, the City should not do the project.
Mr. Bell-Myers stated his proposed assessment equals more than 10% of the value of the
land. There are others that would be much higher.
Councilmember Weidner stated Mr. Bell-Myers will have an opportunity later in the process
to appeal the assessment if he so chooses.
Lael Smith, 609 North Fourth Street, stated that Wilkins, which is another a State Aid road,
was narrowed and had rain gardens and trees added, whereas her road is going to be
widened and will have curbs. There are fender-benders at Fourth and Laurel and sight
problems resulting in some scary situations. She would like some consideration of traffic
calming measures. Additionally, she thought that businesses are charged more, but found
this is not so. The City has a lot of property along Fourth Str eet. Residents there have already
been assessed for the ravine. Perhaps some of the money set aside for the Shorty’s property
acquisition could be used for this project to offset the fact that Fourth Street has not been
repaired since 1973.
Mr. Sanders answered that the rain gardens were put in on Wilkins for traffic calming as
well as volume control because, per Middle St. Croix Watershed Management Organization
rules, the City had to do volume control treatment or put in rain gardens. Fourth Street will
be reclaimed and the project will use existing asphalt and gravel so it is not a trigger for
volume control, therefore there are no rain gardens planned.
Mayor Kozlowski added that rain gardens would make the assessments higher. He has
gotten a lot of complaints about the bump-outs on Wilkins Street because people hate them.
He does not think traffic on Fourth Street is predominantly country club traffic. Almost
everyone who lives on the North Hill uses Fourth Street.
City Council Meeting February 18, 2020
Page 9 of 13
Ms. Smith asked why Fourth Street could not be included on a project with Neal Avenue,
which is also a State Aid road, so the money would not be co-mi ngled between State Aid and
non-state aid roads; and Councilmember Weidner answered they are completely different
areas and Neal Avenue is part of a different project.
Mr. Sanders added that Neal Avenue is under-developed as far as storm sewer, sanitary
sewer and watermain. Fourth Street has all those in place. There is a lot more underground
construction going on on Neal Avenue than Fourth Street.
Ms. Smith stated her concern is that fixing the street will encourage speeding.
Councilmember Weidner stated if the City narrowed the street and limited parking on
Fourth Street, that would also agitate some people.
Mayor Kozlowski agreed that to do the things Ms. Smith suggests and maintain the street’s
status as a State Aid road, it would likely mean giving up parking on one side.
Lindsay Belland, 111 Greeley Street North, stated she replaced her watermain last year, the
pavement is less than a year old, and very little traffic has gone over it. She asked if repaving
cost is being considered; and Mr. Sanders replied the homeowner is not given a break if the
work was done earlier.
Ms. Belland stated although there are mechanisms in place to appeal the assessment, maybe
a proactive approach could be taken to ensure residents are getting the value out of these
repairs.
Ben Colvin, 2531 Croixwood Boulevard, expressed concern that streets in Croixwood have
heavy traffic because the neighborhood is a cut-through for all the other neighborhoods to
go to retail areas like Cub and Target. He questioned what will prevent future problems with
the high amount of traffic and speeding.
Councilmember Polehna stated Northland and Croixwood Boulevard are cut-through
streets for everybody. He asked why they are not considered collector streets; and Mr.
Sanders answered they are not collector streets based on State Aid criteria. They were
considered collector streets for the development only.
Mayor Kozlowski indicated that when reviewing the assessment policy, the Council should
consider designating different types of streets. Even if it is not a State Aid road, there could
be a different assessment rate for collector streets that everybody uses.
Councilmember Polehna added that the City has been trying for years to slow down traffic
on Maryknoll and other Croixwood streets.
Mr. Colvin stated this project is a good opportunity to slow people down. Not necessarily
speed bumps, but maybe something as easy as erecting a speed limit sign.
Nancy Nelson, 424 North Greeley Street, inquired if she is being assessed for the sewer lines
from the street to the house; and Mr. Abdullah responded that there is no sewer planned
there, but if the homeowner is having issues, now is time to replace it. The City routinely
televises the sewer and if there are any repairs needed, they are done. Liners can be installed
to fix cracked pipes.
City Council Meeting February 18, 2020
Page 10 of 13
A man asked if it is true there is a lien against some of the properties. He noted there are
two properties on North Fourth that are not on the proposed assessment roll; and Mr.
Sanders stated he will take a look at it.
Darcy Bell, 821 Fourth Street North, asked why are businesses paying less than
homeowners when businesses are using the street more? Why do they pay a per foot
amount? If her home were a business, she would be paying 50% less; and Mr. Sanders
pointed out that if businesses are on a corner lot, they are going to pay for the side road
assessments too. Businesses pay the same as everyone else, 70% for reconstruction. The
industrial park is the only property that pays 100%.
Mayor Kozlowski inquired about the history of why linear foot assessments are used for
commercial property and per-unit assessments are used for residential property; and Mr.
Sanders replied if a unit method was used for the industrial park, some of those properties
are 200-300 feet in length and it would be unfair.
Mayor Kozlowski stated he hopes the Council can discuss whether it makes sense to use
linear foot assessments for commercial properties in residential areas. He believes the idea
behind the linear foot assessments for commercial was that they use the street more so their
assessments should be higher.
Ms. Belland asked what are the chances that a fresh take on the assessment policy would be
applicable to this group of residents?
Mayor Kozlowski stated his goal is that it would be applicable to this project.
David Swanson, 1223 Fourth Street North, recalled the Moore Street project that was done
last year. He heard that the golf course did not pay an assessment. He acknowledged there
is golfer traffic but he is also concerned about delivery truck traffic to the golf course.
Mayor Kozlowski confirmed that the golf course did not pay anything for that project.
Councilmember Weidner added there is a lawsuit regarding last year’s project and the golf
course.
April Rust, 408 Greeley Street North, asked what can the residents expect for
communication?
Mayor Kozlowski suggested the residents go to the City web site and sign up for
construction project email updates. He encouraged everybody in City to sign up for
construction updates.
Mr. Abdullah added that the City will send letters at the beginning of the project and after
that, email twice a month to affected properties.
Sarah Millfelt, 605 Fourth Street North, stated as a gardener, she has invested a lot of money
to improve her curb appeal. She asked what steps will the workers take to protect her
investment?
Mr. Abdullah replied the work will extend only about 2’ behind the curb. The City will send
email stating when the contractor will be in the area. It will be the property owner’s
responsibility to take care of anything in the right of way that she has added. The contractor
will also give her notice of when they will be working.
City Council Meeting February 18, 2020
Page 11 of 13
Lori Mayer, 2807 Woodridge Lane, asked if the proposed assessment is before the discount
or after.
Mayor Kozlowski stated it is after.
Ms. Mayer commented that these assessments are extremely different than those stated at
the meetings last year.
Mr. Sanders replied that every project is different. There are sidewalks on Northland and
Croixwood making this project different. Also, concrete and asphalt prices seem to be
increasing.
Ms. Mayer disagreed because she looked it up. She is a purchasing agent for a living.
Mayor Kozlowski added that the costs of labor and insurance have also gone up.
Councilmember Polehna pointed out that a lot of the cost difference is the sidewalks. He
hopes the bids come in a lot lower. Also, Northland is getting two lifts of blacktop this year.
Mr. Abdullah added there is more sidewalk to repair this year than there was last year.
Lisa Moss, 709 Fourth Street, stated she moved into her home two weeks ago. The sellers
disclosed they got a letter about the proposed project. Her realtor contacted someone at the
City who stated there is nothing on the docket for that address, so she proceeded with
purchasing the property and on the Nextdoor web site she saw something about this
assessment. Her realtor called the City again last week and was told there is nothing on the
docket for that property. She has moved in and now her house is costing $15,000 more than
when she purchased it.
Mayor Kozlowski stated because of the feasibility study being done in October, the City
should have told Ms. Moss’s realtor when they called that this was going on.
Mr. Abdullah added that Ms. Moss’s real estate agent called him 2-3 weeks ago and he sent
her all the mailings that had been sent out since October. He told her that in October the City
sent a posting for the property telling them there is a project coming up and in December
there was a neighborhood meeting. There is no project until the feasibility report is
approved but there were mailings.
Ms. Moss stated they reached out two times and were told two times there was nothing
attached to her address.
Councilmember Weidner stated this may be a training issue for City staff. It is technically
correct to say there is nothing attached to the property but another department might have
a feasibility study going out.
Joe Hromatka, 609 North Fourth, pointed to the proposed assessment roll and told the
Council that Mary Ellen now lives in Hawaii and her name appears on the list as owning a
house.
Mr. Abdullah responded if mail comes back not delivered, staff will check property records
with the County.
Mike Duncan, 1410 Fourth Street, asked what comes out of this public hearing? Will the
Council start talking about doing appraisals before doing assessments?
City Council Meeting February 18, 2020
Page 12 of 13
Mayor Kozlowski stated he hopes the Council can do something with the appraisals. He
would like to see something preliminary done before this project starts. He does not see the
valuation lining up with the reality of the cost of the project in terms of the benefits to the
homes. He would like the Council to review the assessment policy before the assessment
hearing. He thinks the City should start the appraisal process earlier.
Councilmember Weidner remarked that in his opinion, the process is fair and the
assessment policy is fair. However he is happy to review different options and he would not
mind extending the payment term. If the City cannot assess that much then the project
should be scaled back, budget-wise. He hopes the valuation of the appraisals comes in line
with the project costs.
Councilmember Polehna commented that 20, 30, 40 years ago the City did a poor job in
maintaining the street system. He fought to get the assessments changed to 50% in 1994.
This is a difficult job.
Ms. Belland commented that it can be debilitating for some homeowners if the assessment
goes through at the present dollar amount. She asked about the bidding process.
Mr. Sanders explained staff will prepare plans and specs and bidding is open for any
contractor for three weeks. Bids vary depending on the workload of all the contractors in
the area. The City usually gets two or three bids on a contract compared with four or five
bids ten years ago.
Ms. Smith stated part of the chagrin of this is there was a meeting at which a cost of $10,000
was given.
Ms. Abdullah responded at the time he stated do not quote me.
Ms. Smith reiterated that the residents have been assessed for the ravine.
Mayor Kozlowski closed the public hearing. He stated the Council appreciates all the input
and will try to ensure that the process is fair and transparent. He reminded the residents to
sign up for email alerts.
Councilmember Weidner asked if the appraisal process might be expedited.
Mr. Sanders replied staff can make some calls and see what the timing is for doing
appraisals.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt
Resolution 2020‐024, ordering improvement and preparation of plans and specifications for
the 2020 Street Improvement Project (Project 2020‐02). All in favor.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
COUNCIL REQUEST ITEMS
There were no Council request items.
City Council Meeting February 18, 2020
Page 13 of 13
ADJOURNMENT
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adjourn. All in
favor. The meeting was adjourned at 9:32 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2020‐020, K-9 Officer Buzz
Resolution 2020‐021, approving Solid Waste, Recycling and/or Roll-off Hauler
License
Resolution 2020‐022, approving Project Development Agreement with Ameresco,
Inc., to conduct a detailed energy audit and manage installation of energy
efficient improvements for City facilities based on energy cost reductions
Resolution 2020‐023, a resolution approving the resubdivision of Lot 4, Block 1,
Boutwell Valley Estates, Case No. 2019‐70
Resolution 2020‐024, ordering improvement and preparation of plans and
specifications for the 2020 Street Improvement Project (Project 2020‐02)
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
February 25, 2020
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:34 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Land
Community Development Director Turnblad
Finance Director Provos
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Wolf
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Certificate of Recognition for Building Official Cindy Shilts
Mayor Kozlowski read a Certificate of Recognition acknowledging Building Official Cindy
Shilts for receiving the Association of Minnesota Building Officials' Minnesota Building
Official of the Year Award. He noted that Ms. Shilts started her career with the City of
Stillwater in 1994 and became the Building Official in 2000.
OPEN FORUM
There were no public comments.
STAFF REPORTS
City Administrator McCarty reported that the Public Works/Water Board Transition Plan
group has been meeting each month. Options for transitions will come to the Council in May
or June. They are working on establishing the baseline for the current state of affairs of all
operations.
CONSENT AGENDA
AirGarage Service Agreement for Parking Ramp
Resolution 2020‐025, resolution declaring a State of Emergency
Farmers Market 2020 Contract
St Croix Boat & Packet Dock Space Permit
Stillwater Area Hockey Association Agreement for Ice Time at Rec Center and Lily Lake
City Council Meeting February 25, 2020
Page 2 of 7
Tobacco License Trade Name Change for 103 Main Street North
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the
Consent Agenda. All in favor.
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Electric Vehicle Show
City Clerk Wolf informed the Council that Sustainable Stillwater MN has made application
to organize an Earth Day event in downtown Stillwater at the Water Street 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 electric vehicles and to have
reserved parking spaces for the event. The test drives include a route on Sam Bloomer Way
to Parking Lot 1 where they turn around and return by same route. 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.
Councilmember Junker asked if the purpose of the show is to showcase the cars or
demonstrate the charging of the vehicles; and Kevin Tholen answered that the focus will be
the vehicles. There will be 12-20 vehicles from BMW, Audi, Nissan, Volvo, Toyota, Porsche,
Tesla, Chevrolet, Hyundai, Jaguar and Mitsubishi. Xcel Energy will bring a charging station
to show people how to use it. The group hopes for attendance of 500-1,000 people.
Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the
electric vehicle show event application. All in favor.
Chestnut Street Plaza Design Team Selection
Community Development Director Turnblad stated that ten proposals were received for
design of the Chestnut Street Plaza. All are highly qualified. Three finalists have been
identified. Interviews will be conducted next week and staff hopes to provide a
recommendation to the Council at the March 17 Council meeting. He explained the interview
process.
Councilmember Junker inquired if they are all local; and Mr. Turnblad replied that the lead
agencies for all three are based locally or have a major office in the Twin Cities area.
Washington County Food Truck Inquiry
Community Development Director Turnblad informed the Council that the cafeteria at the
Washington County Government Center lacks the space and commercial kitchen equipment
City Council Meeting February 25, 2020
Page 3 of 7
necessary to cook food on-site. 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. Therefore, the food service contract 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 by employees
at the County’s other service centers. However, Stillwater’s zoning code does not allow food
vending trucks in the PA - Public Administration Zoning District. Washington County is
asking the Council to consider whether to amend the ordinance to allow food trucks in the
PA Zoning District.
Councilmember Junker remarked that when downtown Minneapolis and St. Paul allowed
food trucks, it hurt the established tax-paying restaurant businesses. He would like to know
how it might affect established restaurants; and Mr. Turnblad responded in St. Paul, food
trucks parked right on the street. If the Council is interested in this amendment, it would be
limited to those areas that are zoned institutional.
Councilmember Polehna asked if the City could instead grant a special use permit; and Mr.
Turnblad answered that the Council could direct him to put together an ordinance
amendment that would allow food vending trucks in the PA District if desired, but it would
have to be district-wide. He does not think a permit could be granted for food vending just
on this property.
Councilmember Weidner questioned whether that would allow for food trucks at the
weddings at the Library. Perhaps the City could limit hours of operation to weekdays
between 11 am - 3 pm, which may eliminate the argument for food trucks to park at the
Library for weddings.
Councilmember Polehna pointed out the Historic Courthouse has had food trucks at their
events.
Mr. Turnblad responded that typically the City allows food trucks for events under their
event permit.
Tina Simonson, Washington County Communication and Planning Manager, clarified that
the County sees this as more of an employee engagement opportunity rather than replacing
the food service. They would put out cones for safety and picnic tables and just get the
employees out on a nice summer day once or twice a month. Employees would still frequent
the local restaurants.
Councilmember Junker asked if a special permit with up to three events would suffice; and
Ms. Simonson answered that the ideal would be more than two or three events a year, it
would be once or twice a month during the summer.
Community Development Director Turnblad stated he will explore the possibility of issuing
an annual event permit that would allow this particular use instead of amending the
ordinance.
City Council Meeting February 25, 2020
Page 4 of 7
Street Improvement Assessment Policy Update Discussion
Public Works Director Sanders summarized that the current assessment policy was adopted
in 1993, and amended in 2014, changing from 50% to 70/30% for reconstruction projects
and 80/20% for mill and overlay projects, 100% assessments for properties in the
industrial park and 50% for Municipal State Aid roads. State statute limits an assessment
term to 30 years so there is some wiggle room. He is concerned that a 15 year term may not
make sense for sidewalk projects, which have assessments around $500. Additionally,
current policy only allows deferments for seniors age 62+. State statute also allows
deferments for military reservists, but State statute does not address low income
deferments.
City Attorney Land indicated that the Council may add other reasons for deferments, but
they must be uniformly applied, and there must be an application process.
Mayor Kozlowski noted some cities have 5-year street improvement plans; and asked if
there is any advantage to that, as it would help residents plan further out; and Mr. Sanders
answered that the City could look at doing a five year plan on areas that could be considered
for projects, but sees no reason for doing five year projects. Staff will be updating the
Pavement Management Program and that will provide a lot of good info on what streets
need to be done.
Councilmember Weidner inquired if the City has run into situations where the appraisals
indicate a lower property value increase than the proposed assessments for the project; and
Mr. Sanders replied the City started doing appraisals around 2016 for the Olive Street
project. The proposed assessments were $12,000. When the project was bid, construction
costs were lower than estimated and assessments were lowered to $10,000. Appraisals
came back in the $10,000 range. In 2018 the City did a mill and overlay project and a partial
reconstruction project. The mill and overlay appraisals came back within the proposed
assessment range but on the reconstruction portion, assessments were supposed to be
about $5,200 and appraisals came back about $5,000. So the City lowered the assessments
and that raised the City cost but the project remained within budget. Last year the appraisals
varied. For mill and overlay, the assessments were about $50 over the appraisals, so the City
lowered the assessments by $50. In another area, the assessments were lowered $100 and
in another area, assessments were $1,000 over the appraisals so the City lowered the
assessments, but kept the project within budget.
Mayor Kozlowski questioned if there is a desire to consider a deferment based on financial
hardship.
Councilmember Polehna pointed out the interest would be compounding, so if a $10,000
assessment is deferred, it could turn out to be $20-30,000 after many years. It does not make
sense. He would like to consider a 15-year assessment term.
Councilmember Weidner stated sometimes the financial hardship is temporary. There may
be a lot of staff time involved with the qualification of the deferment program. He is not sure
how often deferments would be requested or how often the City would have the resident
reapply for the deferment.
Councilmember Junker stated the City would need to define financial hardship.
City Council Meeting February 25, 2020
Page 5 of 7
Mayor Kozlowski read from other communities’ deferment policies, specifically regarding
their financial hardship guidelines. Most of them have a financial hardship deferment. He
would like to consider adding this to the assessment policy.
City Attorney Land noted that the senior deferment is rarely us ed. Typically it is a short term
solution for seniors who can not make the payments today, but they know where will be a
property sale and upon sale it will be easy to pay off the assessment. Ms. Land added that
she is not sure how financial hardship would be monitored, and if the resident would have
to continue to submit documentation every so often.
Councilmember Weidner stated he would like to know how often a financial hardship
deferment is used in those cities that offer it. He is not sure if Stillwater is staffed to take that
extra step on any given project but he understands the concern. He asked what the typical
payment is on the smaller projects; and Mr. Sanders answered that assessment terms for
sidewalk projects are usually five years, typically something like $200 principal plus 3%
interest.
Councilmember Weidner questioned if setting specific dollar figures for assessments to
match with the terms would be helpful; and Mr. Sanders responded that it would be helpful.
At the time of the public hearing, staff could tell the public what the term would be based on
the amount of the assessment.
Mayor Kozlowski wondered if these other cities are doing something different to adjust for
that longer time period; and Finance Director Provos offered staff can look into it. Currently
on street projects, the bonded portion is 10 years so it lines up with how residents are
assessed. Staff can talk to the City’s bond counsel and see what they recommend.
Councilmember Junker noted the City would probably pay a higher rate for a longer bond.
Mayor Kozlowski commented that some cities have a standard assessment amount for the
projects for the year - everybody pays the same no matter which project; and Mr. Sanders
replied the assessments depend on what type of work is being done. Many different types
of projects are done in Stillwater: mill and overlay, reconstruction that has no curbs where
curbs are being added, some streets have sidewalks, some do not. There is a variety of
projects.
Councilmember Polehna added the streets are varied. Some have stone curbs, some do not
have any curb, some are more modern.
Mayor Kozlowski inquired if the value of the improvement is known based on appraisals,
could the assessment be a flat rate if it is the same benefit to everybody across the City.
Councilmember Weidner pointed out that in some cities like Woodbury, streets have more
similar topography. Stillwater has more topographical uniqueness and things like stone
curbs in places. He wondered if there is a different benefit to a new curb and street in some
areas than there is in other areas.
Mayor Kozlowski acknowledged that assessments are all over the board because of the
unique character of Stillwater. If the Council could flatten it out somehow it would give
residents a little more certainty.
Councilmember Junker added that another thing that is unique is that some streets have not
been touched in 50 years. Many cities are already doing reconstruction on streets that are
City Council Meeting February 25, 2020
Page 6 of 7
only 20 years old. Olive and North Fourth Street are two areas that have not been touched
in 50 years.
Councilmember Weidner stated if there has not been an improvement or an assessment in
50 years, that is part of the reason for the policy for what some think is an excessive
assessment percentage paid by the homeowner. He does not think it is excessive, he believes
it allows the City to do the projects that are necessary and not defer the maintenance any
longer. Once the City catches up, the policy can be reconsidered.
Councilmember Polehna stated that the City is catching up and in a few years all the streets
will have been redone. The Council has had to make tough decisions for things that have
been kicked down the road for 50 years.
Mayor Kozlowski asked are there other streets that are just as heavily used as Fourth Street
that are not State Aid roads; and Mr. Sanders answered that Croixwood Boulevard is a good
example. It serves as a collector street for the neighborhood, but is not designated as a State
Aid road.
Mayor Kozlowski inquired, should the assessment policy be changed so everybody who is
on a street like that has a 50/50% assessment as if it were a State Aid road; and Mr. Sanders
replied that the road system was built long ago and in previous years they neglected
reconstruction. Through the Pavement Management program, the City is probably within
only five to seven miles of streets that do not have curbs, and after that the City is not going
to have these total reconstruction projects anymore, so the $10-15,000 street assessments
are not going to happen.
Councilmember Weidner questioned if it is protocol to do the appraisals only after the
feasibility study; and Mr. Sanders responded that is what the policy says: appraisals are
done after the improvement has been ordered. After the last meeting, staff called a couple
appraisers and they stated they are booked through August or Se ptember. He thinks the City
should start doing appraisals earlier for next year’s street project. That may be one thing to
change in the assessment policy. Additionally, current policy says that age deferrals are 62.
City code says 65. This needs to be made consistent. Staff will talk to a few cities about low
income deferments and see how often they are used.
Councilmember Junker auggested that staff look at how often financial-based deferments
are re-reviewed; and Mr. Sanders pointed out that assessments are adjusted based on the
cost of the project. So if this year’s project came in 20% less than estimated, the assessments
would be adjusted accordingly.
Approve Plans & Specs for 2020 Street Improvement Project
Public Works Director Sanders reported that plans and specifications for the 2020 Street
Improvement Project are near completion. Staff talked to two appraisers who could not do
appraisals but talked to a third company that indicated they can do about nine appraisals
for this street project, and would be able to get them done by the end of April. Staff is
requesting approval for the plans and specifications and authorization to bid. Bid opening
is scheduled for April 2 and bid results will be presented to Council at the April 7 meeting.
Staff will hold off awarding the bid until after the appraisals come back on specific
properties.
City Council Meeting February 25, 2020
Page 7 of 7
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt
Resolution 2020‐026, approve plans & specifications and ordering advertisement for bids for
2020 Street Improvement Project (Project 2020-02). All in favor.
COUNCIL REQUEST ITEMS
Councilmember Polehna remarked there have been 23 names submitted for the Name the
Park Contest that was approved in December. The last time there was a contest there were
hundreds of submissions. POLCO does not seem to be working properly.
City Clerk Wolf noted some submissions are coming via Facebook and the contest is in the
newsletter.
Mayor Kozlowski stated promoting on Facebook is no longer free and may require some
funds to be budgeted. He thinks the City should promote meetings, agendas, parking
information and other items via Facebook.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor.
The meeting was adjourned at 5:49 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2020‐025, resolution declaring a State of Emergency
Resolution 2020‐026, approve plans & specifications and ordering advertisement for
bids for 2020 Street Improvement Project (Project 2020-02)
Page 1
LIST OF BILLS
Ace Hardware Supplies 66.82
Action Rental Inc.Core drill rental 85.00
Advance Auto Parts Supplies 848.24
Amdahl Locksmith Inc Chris Locks installed 816.80
AMI Consulting Engineers PA Riverbank Stabilization 3,813.75
Armor Security Inc.Quarterly Monitoring Service 84.00
Aspen Mills Badges 661.21
Barnum Gate Services Slide gate repair 485.00
Beehive Industries LLC Beehive license 31,363.00
BHE Community Solar Solar Energy 2,020.40
Blue Tarp Financial Equipment repair supplies 99.96
BlueCross BlueShield of MN Inc.Retiree Health Ins 2,395.00
Board of Water Commissioners WAC Charges 4,257.00
Cambronne Eric Reimburse for fuel 57.79
Campion Barrow & Associates Law enforcement testing 850.00
Cargill Inc.Deicer 33,457.55
CDW Government Inc.Computer equipment 113.05
Cintas Corporation Uniforms 716.44
City Wide Maint of MN Commercial cleaning services 4,728.34
Clifton LarsonAllen LLP Audit 8,000.00
Cole Papers Janitorial supplies 299.80
Comcast Cable TV 38.90
Cub Foods Food for election 108.06
Dalco Janitorial supplies 798.21
DCA Title 425 Nelson ST E Title fee 1,150.00
Dell Marketing L.P.Computer equipment 10,196.26
DLT Solutions LLC Maint agreement 2,660.78
ECM Publishers County Hwy 5 Bids 213.70
Emergency Medical Products Defib pads 67.47
Emergency Response Solutions Replacement lens face piece 633.88
Enterprise FM Trust Lease vehicles 7,018.11
Force America Equipment repair supplies 409.20
Frontier Ag & Turf Equipment repair supplies 1,228.22
Galls LLC Uniforms - Gannaway 493.89
Goodyear Commercial Tire Tires 117.24
Gopher State One Call Inc.Locates 117.45
Grainger Building repair supplies 873.55
Granicus Inc Qtrly web streaming service 1,733.25
Greiner Michael Reimburse for mileage 42.09
Guardian Supply Duffel bag - Wulfing 272.93
Hildi Inc Fire Relief Valuation fees 2,600.00
Hisdahl Inc Engraving 15.00
Holiday Companies Vehicle washes 395.00
IAFC Membership Membership 265.00
International Code Council Supplies 461.65
Page 2
International Society of Arboriculture Membership 175.00
JBG Design & Development Refund PUD 1,025.00
Junker Brad Reimburse for lodging for conference 138.51
Kelly & Lemmons PA Prosecution 8,333.00
L.T.G.Power Equipment repair supplies 48.74
Lakeview Hospital Legal blood draws 50.00
Lawson Products Equipment repair supplies 739.93
League of MN Cities Stormwater Coalition Contribution 780.00
League of MN Cities Ins Tr Workers Comp Insurance 88,830.00
Lentz Dan Reimburse for mileage 225.40
LeVander Gillen Miller PA Retainer 9,386.86
Lincoln National Life Insurance Co COBRA Life Insurance 18.00
Little Falls Machine Inc.Equipment repair supplies 82.64
Loffler Companies Copier Lease 6,182.34
Loucks Associates Curve Crest Lakeview Feasibility 26,364.29
Lynn Peavy Company Supplies 354.40
Madden Galanter Hansen LLP Labor Relations Services 2,674.77
MailFinance Inc Postage machine lease 455.01
Mansfield Oil Company Fuel 4,914.60
Marshall Electric Company Garage doors opener 588.00
McDaniel Law & Policy Professional government relations services 6,250.00
Menards Supplies 2,161.05
Metropolitan Council Wastewater Charge 176,480.94
Metropolitan Mechanical Contractors Maintenance 853.75
MidAmerica Inc Waste processing 875.46
MN Rural Water Association Class registration 200.00
MP Nexlevel LLC Locating 206.25
Municode Code pages 227.80
MWOA Membership 100.00
MWOA Metro Section meeting 80.00
My Alarm Center Alarm Monitoring Services 105.12
Newman Signs Signs 4,260.20
Nutritional Weight & Wellness Preventing Heart Disease 375.00
Office Depot Office supplies 128.64
Olsen Megan Reimburse for tow in error 367.81
Olson Patrick Allen Shadowbox 510.00
OnSite Sanitation Portable Restroom 527.00
PDQ.com Renew PDQ 1,800.00
Performance Plus LLC Drug screen 841.00
Pioneer Press St. Paul Notice of public hearing 21.93
Postmaster Newsletter Postage 1,460.21
Primary Products Co.Nitrile gloves 198.35
Pro-Tec Design Ice arena card access 1,439.70
Quill Corporation Wall clock 201.14
RDO Equipment Equipment repair supplies 135.44
Rinta Nolan Reimburse for tow in error 317.81
Robole Donna Reimburse for conference 150.00
Page 3
Safe Fast Inc Jackets 127.90
Sirotiak Lauren Reimburse for mileage 96.60
Springbrook Software Monthly UB web payments 274.00
SRF Consulting Group ADA Transition Plan 267.34
Stillwater Motor Company Equipment repair supplies 472.64
Stillwater Turf & Power LLC Micro-lite bar 35.76
Streichers Ammo 741.49
Summit Companies Annual Sprinkler Inspection 415.00
SW/WC Service Cooperatives AP COBRA Health Insurance 69,087.19
Thomson Reuters Information Charges 146.20
Titan Machinery Shakopee Equipment repair supplies 376.57
Toll Gas and Welding Supply Cylinders 42.46
Tri-State Bobcat Lawn mower 1,415.99
Truck Utilities Inc.Equipment repair 390.93
Universal Truck Equipment Equipment repair supplies 798.00
US Bank Paying agent fees 1,000.00
Valley Trophy Inc.Names plate holder 32.50
Volunteer Firefighters Benefit Firefighters Ins 1,690.00
Voyant Communications Phone 529.36
Washington County Property Records Year end reports 2,143.13
Welle Scott June 2020 Workshop 250.00
Wolf Beth Reimburse for food for judge training 29.74
Wonderware Midwest WIN-911 600.00
Xcel Energy Energy 16,241.73
Zacks Inc.Rakes & brooms 481.57
Ziegler Inc.Equipment repair supplies 507.34
Zubert Andrew Work Boots 160.00
REC CENTER
1ST Line/Leewes Ventures LLC Snacks for concessions 1,910.00
Ace Hardware Supplies 505.08
Advanced Sportswear Jackets 390.00
Arrow Sports Group Concession supplies 563.78
Benck Mechanical Inc.Equipment repair 211.50
Canteen Refreshment Services Concession supplies 2,138.99
Cintas Corporation Mat cleaning service 206.00
Coca-Cola Distribution Beverages for concessions 1,952.61
Cub Foods Buns for concessions 13.50
Energy Sales Equipment repair supplies 1,215.00
Holiday Credit Office Fuel 267.52
ISD #834 Stillwater Area Schools Ad in Community Ed Catalog 700.00
Lindstrom Solar LLC Solar Energy 2,096.82
Menards Supplies 467.10
Mercury Electric Equipment repair 189.00
MN Dept of Public Safety EPCRA Program Hazardous Chemical Fee 25.00
MN Ice Arena Mgr Assoc Membership 240.00
Page 4
Pepsi Beverages Company Beverages for concessions 2,015.31
R&R Specialties Inc.Equipment repair supplies 381.78
Recycle Away LLC Recycling equipment 4,767.37
Region 4AA Gate Split Hockey 5,072.00
Riedell Shoes Inc.Skates 443.68
Sentry Systems Inc.Alarm monitoring 140.85
Twin Cities Dots & Pop Concession supplies 451.44
CREDIT CARDS
10000 Lakes Chapter of ICC Membership 95.00
Active911 Inc Membership 7.75
Amazon.com Key duplicator 1,847.24
AMEM Membership 200.00
APWA Membership 252.50
Assoc. of MN Building Official Membership 210.11
Backgroundchecks.com Back ground checks 174.25
BCA Training Training 100.00
Constant Contact Yearly agreement 405.00
Green Light Depot Lights for evidence room LED retro fit 3,273.60
Home Eletrical Trial light for council 171.75
IAPE Membership 50.00
ICMA Registration for webinar 149.00
Minnesota Sheriffs Association Training 650.00
MN Nursery & Landscape Assoc Landscaping conference 604.00
MN State Fire Chiefs Assn Membership 280.00
NPELRA Conference registration 120.00
Online Labels Barcode labels 32.03
Optics Planet Flashlight combo mount for squad shot guns 284.32
University of MN CCE Registration Membership 375.00
Washington County Hazardous Waste Hazardous waste license renewal 99.00
LIBRARY
Amazon Business Supplies 794.55
Bredemus Hardware Co. Inc.Building Repairs - Parking 3,200.00
Brodart Co Materials 4,139.52
Cintas Corporation Towels & Rugs 77.84
Comcast Internet/WiFi - Mar 2020 188.06
Culligan of Stillwater Water 33.25
Friends of the Stillwater Public Library Reimbursement for Friends 347.00
Grainger Repair Supplies (Bird Det)72.68
Hedin Sue Programs 91.96
Koegel Christian M Processing 343.00
Mad Science of MN Programs 199.00
Master Mechanical Inc.Preventative Maintenance 1,126.50
Menards Janitorial Supplies 100.18
Page 5
Mercury Electric Building Repairs - Parking Ramp Door 126.00
Midwest Tape Materials 187.96
Office of MN IT Services Phone 143.70
One23 Events LLC February 2020 Monthly Fee 2,000.00
Otis Elevator Company Maint Contract 3/20 - 5/20 926.92
Overhead Door Co Building Repairs - Parking Ramp Exit Gate 588.90
Pioneer Press St. Paul Materials 1,005.56
Quill Corporation Janitorial Supplies 55.96
Recorded Books Inc Materials 2,346.94
Stillwater Printing Co.Printing - Drivers Manual 345.00
Textile Center Programs 325.00
US Postal Service Newsletter 292.04
LIBRARY CREDIT CARD
AccuCut Systems Supplies - Juv 225.00
Brady Worldwide Custodial Supplies (SPLF 2019-10 Cust)417.94
Dream Host Web Hosting 209.40
SmartSign Signage (SPLF 2019-10 Cust)116.28
RESOLUTION 2020-
APPROVING NAME CHANGE FROM H&H INC. TO
BP GAS INC. DBA GREELEY BP
WHEREAS, a revised application for a name change has been received from Yasir
Abuhaleigah, owner of BP Gas Inc, dba Greeley BP located at 1750 Greeley St S; and
WHEREAS, only the Licensee name has changed and all required forms have been submitted.
NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota,
hereby approves the name change.
Adopted by Council this 17th day of March 2020
_____________________________
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
To: Mayor & City Council
From: Beth Wolf, City Clerk
Date: March 13, 2020
Re: 2020 Cruisin’ on the Croix Event
Attached is the application and contract for the 2020 Cruisin ’on the Croix car show event.
The proposed vintage and hot rod car show would be held from 3 p.m. to 8 p.m. on every
other Wednesday evening from June 10 to September 16 for a total of 8 dates. The event will
not take place the week of July 4th nor the week of Lumberjack Days.
The event organizer has requested to use parking lots 8b, 9, 10 and 11 which is a total of
parking spaces. Downtown Parking Commission reviewed the request at their February
20th meeting and recommends the use of parking lots 8b, 9 and 10 only maintaining the
event to using roughly 128 spaces so not to cause stress on the parking system.
The Event Organizer shall be charged for city services, materials rendered and parking
spaces used according to the 2020 fee schedule and payment shall be received by the City no
later than three (3) weeks before the Event.
ACTION REQUIRED:
If Council wishes to approve the event, they should pass a motion approving the 2020
Cruisin’ on the Croix Event and specify which parking lots/spaces are approved for the event
which shall be revised on contract.
CRUISIN’ ON THE CROIX 2020 CAR SHOW EVENT
THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota (“City”),
in conjunction with the 2020 Stillwater Cruisin’ on the St. Croix Car Show part of a
community wide celebration of the City (the “Event”); and Crusin on the Croix, 1906 Greeley
St S, Stillwater, MN 55082, Nonprofit Corporation (Domestic) (“Organizer”).
1. Car Show. The City has encouraged this hot rod and vintage car show in order to
foster and promote tourism and encourage commerce that will ultimately increase
property values and the quality of life within the City. The Organizer will not make
substantial changes in the layout/format/duration of the Event at any time without
advanced notice to the City.
2. Dates and Hours of 2019 Event. Operations are limited as follows:
Event Dates: Wednesday June 10 & 24, July 8 & 22, August 5 & 19, September 2 & 16
Set-up time on event dates: 6 a.m. to 1 p.m.
Event hours on event dates: 3 p.m. to 8 p.m.
Clean-up on event dates: 8 p.m. to 9 p.m.
3. Event/Alcohol. No alcohol will be served during this Event and no other alcohol or
coolers are allowed. No alcohol may be consumed or served on the back patio of Maple
Island Brewery as that portion is not part of the licensed premises of Maple Island
Brewery.
4. Signs. The Organization will post signs, the number and content of which must be
approved by the City Police Chief, describing the regulations prohibiting liquor as well
as the prohibition against participants bringing their own liquor into the parking lots.
5. Noise Control. The Event is responsible to control the noise emanating from the Area
at a level that will not interfere with the peace and repose of the residential area on
the bluffs on the north, west and south edges of the downtown.
6. Police Power. The City reserves the right to order a shutdown of the Area i n the Event
the Chief of Police determines, in his sole discretion, that the public safety is
threatened or any condition of this Agreement is violated. In that Event, the
Organization must assist the police in the clearing of the Area.
7. Use of Parking Lots. The 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). The Organizer agrees to pay for the use of parking lot
spaces as determined by the Downtown Parking Commission and City Council. No on-
street parking to be used. The Event is given use of the following parking lots/spaces:
Parking Lots 9, 10 and 53 spaces of 8b.
8. City Costs. The Organizer will prepay the City for the estimated costs of the Stillwater
Police Department, Public Works Department, and Fire Department estimated as
determined by the City Administrator for city services needed to safely conduct and
maintain the Event or any supporting activities. The payment of estimated costs and
costs incurred at the time of the billing shall be received by the City no later three (3)
weeks before the Event. Failure to make the payment will result in the cancellation of
the Event. In the event of a cancellation of this Event after the deposit is made, the City
will be entitled to deduct actual out of pocket costs incurred in preparation for the
Event, before returning the balance to Organizer.
9. Park Property. The Organizer shall ensure that no vehicles drive on the City’s park
property. In the event that damages occur to the City’s property, the Organizer shall
pay for any restoration of the park as determined by the City.
10. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must
remain open and unobstructed (no vehicles, trailers etc.) for the public during the
Event. The Organizer shall pay for any restoration of the trail caused by the Event, as
determined by the City.
11. City Services. The type and amount of materials needed for the Event will be
determined by the Public Works toilets to augment the existing facilities, barricades
for parking lot closure, trash removal and electricity for vendors. The Organizer may
contact the City to arrange rental of materials and will be charged for use according to
the City of Stillwater Event permit fee schedule.
City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will
remain open during the Event and the City will supply and equip the restroom,
however, the Event Organizer will be responsible for maintaining, cleaning,
security and supervision for the restrooms. If the Event Organizer does not have
the work force to maintain the public restrooms, the City will provide staffing or a
contractor with the costs (overtime rate) to be invoiced to the Event Organizer.
The City shall be notified 2 weeks in advance of the Organizer’s intent on
maintaining the City restrooms.
Barricade/Reserved Sign Placement. The Organizer will arrange with the
Stillwater Police Department, prior to each event, for placement of the Reserved
Parking Signs in parking lots (if needed) and shall place reflective standard
barricades no later than 6:00 a.m. on Event Dates at the approved parking lot
entrances as designated by the Public Works Department. This will inform users
of the parking lot closure or parking spaces reserved for the Event.
Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and
trash receptacles in sufficient quantity to contain the accumulation of trash
generated by the Event. The Organizer shall make certain that all trash is picked
up during and after Event daily. The Organizer shall remove any excessive garbage
that does not fit within the receptacles and dispose in trash dumpsters. The City
reserves the right to require additional receptacles should the Organizer not
remove excess garbage from the Event.
Electricity and Water. Each electrical box needed for the Event will be opened by
the City on the Event Dates. The Organizer shall be charged for the use of each
electrical box according to the permit fee schedule. Organizer agrees to meet with
the City and/or the State electrical inspector a minimum of 1 week prior to event
to ensure all vendors using electrical service comply with the Minnesota Electrical
Code. Inspection costs (if any) shall be the Event Organizer r esponsibility. The City
shall provide the Organizer a key for the water shut off valve (if needed). The
Organizer shall provide a $50 deposit for such key and will be reimbursed upon
return of said key.
Cleanup/Removal. Organizer shall remove all barricades by 10:00 p.m. the day
of each event. Organizer shall remove trash, additional trash enclosures no later
than 10:00 a.m. the next day following each Event. If the above items are not
removed as stated above, the Organizer will reimburse the City for costs incurred
in removing the items.
12. Vendors. The Organizer agrees to inform any vendors that there is no camping in
Lowell Park or any City parking lots.
The Organizer agrees that the Stillwater Fire Department and Washington County
Department of Health and Environment will inspect any vendor using cooking
facilities for safety. The Event Organizer agrees to pay directly to the
agency/person doing the inspection for inspection costs (if any).
The Organizer agrees to ensure that all vendors wastewater be discharged into a
holding tank approved by Washington County Department of Health and
Environment. Vendors without an approved holding tank shall discharge into grey
water barrels provided by the Organizer. Disposal costs are the responsibility of
the Organizer. For no reason shall grey water barrels or holding tanks be disposed
into the City’s Sanitary or Storm Systems.
13. Insurance, Hold Harmless, and Indemnity. The Event 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, except for those claims, causes of action or demands that arise out
of the sole negligence, gross negligence and/or willful misconduct of the City or any of
its agents or employees. Event Organizer also agrees to provide to the City evidence
of insurance coverage of at least the statutory liability limits for municipalities
covering claims that might be brought against the Festival 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.” Insurance Certificate must be received by the
City no later than three (3) weeks before the Event.
14. 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 this 17th day of March 2020.
CITY OF STILLWATER
Ted Kozlowski, Its Mayor
ATTEST:
Beth Wolf, Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day of _______________, 2020
by Ted Kozlowski, Mayor and Beth Wolf, Clerk, for the City of Stillwater.
Notary Public
CRUSIN’ ON THE CROIX
By
Parker Shook, President
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ____ day of ________________ 2020,
by Parker Shook, President, the duly authorized agent for CRUSIN’ ON THE CROIX.
Notary Public
Office Use Only
Event Date/Time: Set up: Date ____________________________ Time __________ to __________
Date ____________________________ Time __________ to __________
Date ____________________________ Time __________ to __________
Incomplete applications or applications received after deadline will not be
accepted. See Event Instructions for application deadline and fees.
Description of Event (please be specific ‐ this information will be used to promote the event on the City of Stillwater website):
Primary Contact/Applicant Name:
Phone: Refer media or citizens inquires to:
Phone Number:
Sponsoring Organization Name:
Actual Event:
Clean up:
(If in Lowell Park please specify north or south Lowell park)
Applicant Information (Person/Group Responsible)
City, State, Zip Code:
Date Application Received ________________
Date of Application: _____________________________
Website Address:
Name of contact person during event: Cell Phone:
Alternate contact during event: Cell Phone:
Type: Event Special Event Event w/ Contract
Location (Address) of Event:
Estimated Attendance (participants and spectators):
Event Information
Title/Name of Event
(Events after 10:00 p.m. require a variance from City Council)
Mailing Address:
EVENTS PERMIT APPLICATION
216 North 4 th Street, Stillwater, MN 55082
Telephone: 651-430-8837 Fax: 651-430-8810
Cell Phone: Fax:
Email Address:
Site Plan:
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
Will merchandise/food items be sold?
Will sound amplification be used?
Insurance certificate from rental vendor is required
Event Features
How many
vendors expected:
Fees for electricity may
apply see Instructions
What type:Fees for electricity may
apply see Instructions
Hours and Type:
Will there be any inflatables?
Will a stage or tent(s) be set up?
Will there be entertainment?
Will any signs/banners be put up Number and size:
Will cooking operations be conducted?
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.
Contact Washington County Health Department, 651‐430‐6655
Dimensions:
Will food be prepared on site?
Will there be temporary fencing?
Contact Stillwater Fire Department, 351‐4950
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
Fees may apply
see InstructionsNumber needed:
Number needed:Fees may apply
see Instructions
Will event need barricade(s)?
Will extra picnic tables be needed?
Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available
Will alcohol be sold?
Describe power needs and location of power source.
City Sidewalks or Trails
City Services (After reviewing the event application, City services may be requried for the event.)
Will event use, close or block any of the following: If yes specify location on site map.
Public Parking Lots or Spaces
Start/End Time:Date:
Start/End Time:Date:
Start/End Time:Date:
Will there be a fireworks display?Permit required, contact Stillwater Fire Department, 651‐351‐4950
City Streets or Right‐of‐way
See Alcohol Regulations in the Instructions
Will alcohol be served but not sold?See Alcohol Regulations in the Instructions
Will portable restrooms be needed? No IZl Yes D Number needed : Fees may apply
see Instructions
Will extra trash receptacles be needed? No [&I Yes D Number needed: Fees may apply
see Ins t ruc t ions
Describe trash removal and cleanup plan during and after event:
TRASH WILL BE MONITORED THROUGHOUT THE EVENT AND TAKEN CARE OF ON AN AS-NEEDED BASIS. CLEANUP
WILL OCCUR AFTER EVENT CONCLUSION .
Will event need traffic control? No [&I Yes D Contact Stillwater Police Department for assistance, 651-351 -4900
Describe crowd control procedure to ensure the safety of participants and spectators:
CROWD WILL BE MONITORED/CONTROLLED BY ON-SITE VOLUNTEERS/CRUISIN EMPLOYEES. ADDITIONALLY ,
VOLUNTEERS WHO MEET VEHICLES AS THEY ENTER THE CAR SHOW AREA WILL PROVIDE CONTROL AND
GUIDANCE TO ALL GUESTS ENTERING AND VACATING.
Will "No Parking Signs" be needed? No Ix] Yes D Number needed: Fee s may ap ply see lnstmctions
Sha w location(s} on site map
Will event need security? No ~ Yes D If even t is overnight, security will be required.
If using private secruity, list Security Company and Contact Information :
Will event need EMS services? No Ix] Yes D Contact Lakeview EMS, 651-430-4621
Describe plans to provide first aid, if needed :
FIRS AID KITS WILL BE ON SITE AT 10X10 TENT STAFFED WITH VOLUNTEERS.
Describe the emergency action plan if severe weather should arise:
CANCEL EVENT AND DIRECT GUESTS TO MIB AND FFC OFFICES .
List any other pertinent information:
CAR SHOW DATES REQUESTED: 6/10/20, 6/24/20, 7/8/20 , 7/22/20, 8/5/20, 8/19/20 , 9/2/20 , 9/16/20
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
plication. I realize my submittal of this application request constitutes a contract between myself and the
se of Lia ity.
01/20/2020
Date
Admission tent.
Public Parking Lots
Downtown Stillwater
2019
Legend
D City Pa r king Lot
-City Parking Ramp
[2221 Permit parking ONLY
~ Tra ilhead Parking
~ Crosby Ramp -2nd St level public
~ Private parking u ntil 6 PM
-Bus, R V, Trailers
D Bus loading/unloading
-Bus park ing
_________ _, I r nt~ w hPrP Mnnthlv PPrmit~ :uP V~lirl I
Washington
~=;County
January 31, 2020
Office of the Sheriff
Commitment to Excellence
Dan Starry
County Sheriff
Brian R. Mueller
Chief Deputy
I have enclosed one Joint Powers Agreement with the Washington County Sheriffs Office. Please
review and obtain the appropriate signature. Please return the signed agreement by mail at your earliest
convenience to Ronda Anderson. I will send you a fully executed copy upon Washington County's final
signature. If you would like an electronic copy versus a.hardcopy, please contact me by the phone
number or email listed below.
Any questions or concerns, just let me know.
Sincerely,
Ronda Anderson
Washington County Sheriffs Office
15015 62°d Street North
PO Box 3801.
Still-water, MN 55082
Phone: 651-430-7979
Email: ronda.anderson@co.washington.mn. us
Law Enforcement Center• 15015 62"d Street North • P. 0. Box 3801 • Stillwater, MN 55082-3801
Telephone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246
www.co.washington.mn.us
Washington County is an equal opportunity organization and employer
JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S
OFFICE AND THE CITY OF STILLWATER
THIS AGREEMENT is made by and between political subdivisions organized and existing under
the Constitution and laws of the State of Minnesota. Washington County a political subdivision
by and through its Sheriff's Office (hereinafter "Provider") and the City of Stillwater, Minnesota , a
municipal corporation, (hereinafter referred to as the "City") are the parties to this agreement.
WHEREAS, both political subdivisions through their law enforcement agencies manage threats
to public health and safety.
WHEREAS, Minnesota Statutes Section 471 .59 provides that two or more governmental units
may by Agreement jointly exercise any power common to the contracting parties.
WHEREAS, The Provider has entered into a contract with OnSolve, LLC, formerly Emergency
Communications Network (ECN), for the purpose of providing a Mass Emergency Notification
System also known as Code Red.
WHEREAS, The provider has agreed to purchase 150,000 minutes from Emergency
Communications Network for the purpose of sending Mass Emergency Notifications to home,
business or cell phones.
WHEREAS, the Provider has agreed to purchase the Mass Emergency Communication system
to assist agencies within Washington County provide necessary emergency and non-
emergency mass notifications.
WHEREAS, The City is in need of having the ability to communicate with the public in a timely
fashion during both emergency and non-emergency situations .
WHEREAS, At the request of the City, the Provider is willing to provide a Mass Emergency
Notification System.
NOW THEREFORE, Pursuant to the authority contained in Minnesota Statute Section 471.59.
commonly known as the Joint Powers Act which authorizes two or more governmental units to
jointly exercise any power common to them and /or Minnesota Statutes Sections 626 .76 and in
consideration of the mutual covenant herein contain and the benefits that each party hereto
shall derive hereby the Provider and City agree to the following terms and conditions.
PURPOSE
The purpose of this joint powers agreement is set forth in the recitals contained in the
above whereas clauses which are incorporated by references if fully set forth herein.
CITY'S RESPONSIBILITIES
1. When needed, the City's representative shall be able to utilize the Mass Emergency
Notification Communication System by notifying the Washington County Sheriff's Office
911 PSAP for Emergency Notifications. Emergency Notifications are those that are
related to public safety as defined in the Code Red Policy. The 150,000 minutes
purchased by the provider will be used for all Emergency Notifications at no additional
cost to the City.
2. The City agrees to pay the Provider $1432.49 for the purpose of purchasing its
proportionate share of 150,000 Emergency Notification minutes per year.
3. The City will conform to any Policy developed by Provider related to the use and
maintenance of Code Red.
4. The City's representative shall be responsible for determining the content of any
Emergency Notification message in addition to the geographic area the message is to be
sent.
5. The Washington County 911 PSAP Center personnel will assist in preparing Emergency
Notifications as defined in the Code Red Policy and will be responsible for initiating the
call procedures through Code Red at the direction of the City's authorized
representative.
6. The City's representative will be responsible for sending any General Notifications, as
defined in the Code Red Policy, through a web based server. General Notification
minutes used will be paid by the City to the Provider at an additional contracted rate of
.25 per minute. Those funds will be retained by the provider for the sole purpose of
purchasing minutes on the Code Red System.
7. For every additional year this agreement is extended the Provider will invoice the City at
a rate of$ 1432.49 per year for emergency notification minutes.
8. City will be responsible for the payment of additional year(s) extension upon receipt of
the invoice from the Provider.
PROVIDER'S RESPONSIBILITIES
1. Provider agrees to enter into a contract with OnSolve for the purchase of 150,000
minutes of the Code Red Mass Notification System in 2020 .
2 . Provider will develop a policy related to the use and maintenance of the Code Red
System.
3. Provider will assign an employee as the Code Red System administrator.
4. Provider agrees to train the 911 PSAP personnel in the operation of the Code Red
System .
5 . Provider agrees to train the City representative in the use of the Code Red System .
6 . The Provider will test the Code Red System to ensure the system is operating properly.
7. The Provider will monitor the number of minutes used by all agencies to ensure there is
sufficient number of minutes available in the event of an emergency .
TERM OF AGREEMENT
The initial Term of this Agreement shall be from January 01, 2020 and ends December 31,
2022, the date of the signature of the parties notwithstanding, unless earlier terminated in
accordance with the termination clause. After the initial Term, this Agreement will automatically
renew for 2 additional one year periods with the final termination date of December 3P1 2024,
unless the automatic extension is cancelled by the City in accordance with the termination
clause .
PAYMENT
The City shall pay the Provider within 30 days of being invoiced for the City's annual portion of
the Code Red System or for any General Message minute usage.
INDEPENDENT CONTRACTOR
It will be agreed that nothing within the contract is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties or as
constituting the City as the agent, representative, or employee of the Provider for any purpose
or in any manner whatsoever.
ASSIGNMENT
The City shall not assign any services contemplated under this agreement.
RECORD DISCLOSURES/MONITORING
Pursuant to Minn. Statute 16C .05 SUBD. 5, the books, records, documents and accounting
procedures and practices of the contractor relevant to the contract are subject to examination by
the County and either the legislative auditor or the state auditor, as appropriate . The contractor
agrees to maintain and make available these records for a period of six years from the date of
termination of this agreement.
INDEMNIFICATION
a. The City agrees it will defend, indemnify and hold harmless the Provider, its officers and
employees against any and all liability, loss, costs, damages, and expenses which the
Provider, its officers , or employees may hereafter sustain , incur, or be required to pay
arising out of the negligent or willful acts or omissions of the City in the performance of
this agreement.
b. The liability of the parties under this agreement shall be governed by Minnesota Statutes
section 471.59 subdivision 1 a. Each party to this agreement shall be liable for its own
acts or omissions and shall not be liable for the acts or omissions of any other party to
this agreement.
INSURANCE REQUIREMENTS
The City agrees that in order to protect itself, as well as the Provider , under the indemnity
provisions set forth above, it will at all times during the term of this Agreement, keep in force the
following insurance protection in the limits specified:
1. Maintain membership and participation in the Minnesota League of Cities Trust or
Commercial General liability Insurance with contractual liability coverage in the amount
of the City's and Provider's tort liability limits set forth in Minnesota Statute Section
466.04 and as amended from time to time.
2. Automobile coverage in the amount of the City's and Provider's tort liability limits set
forth in Minnesota Statute Section 466 .04 and as amended from time to time.
3. Worker's Compensation in statutory amount.
Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of
insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to
abide by this provision shall be deemed a substantial breach of contract.
Any policy obtained and maintained under this clause shall provide that it shall not be cancelled,
materially changed, or not renewed without thirty days notice thereof to the Provider.
DATA PRACTICES
All data collected, created, received, maintained, or disseminated for any purposes by the
activities of the contractor, because of this agreement, is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota
Rules implementing such Act now in force or as adopted, as well as federal regulations on data
privacy . For purposes of this agreement each party shall remain the Responsible Authority for
all data it generates or creates as part of this agreement.
TERMINATION
a. Provider may cancel this Agreement with or without cause at any time upon giving a 30
days written notice to the City Administrator or designee. The City may cancel this
Agreement with or without cause at anytime upon giving a 30 days notice to the
Washington County Sheriff or designee. No monies paid will be refunded to the City
upon termination of this contract.
b. During the initial or subsequent term if the City does not want to exercise the automatic
one year renewal, it must provide written notice of such to Provider at least 90 days prior
to December 31 st of the current year .
c . If Provider does not renew its contract with OnSolve for 150,000 minutes of the Code
Red Mass Notification System for years 2020, 2021 and or 2022, the Provider will notify
the City 30 days prior to December 31st 2019, December 31st 2020 or December 31st
2021 respectively .
WASHINGTON COUNTY STILLWATER
BY: DATE : BY : DATE: ---------------------County Board Chair
BY : DATE : -----------County Administrator
BY : _o_~_' _s_~_._ DA TE: l / 3tJ/ ol.fJ
Sheriff
Approved to as form
~ '
Asst County tto f ney
RESOLUTION NO. 2020-____
RESOLUTION GRANTING LICENSE TO MATTHEW RYDEEN
FOR THE OPERATION OF HORSE DRAWN CARRIAGE RIDES
ON CITY STREETS
WHEREAS, Matthew Rydeen has made a request for a license to operate a single-horse
carriage on public roadways; and
WHEREAS, the City Council of the City of Stillwater reviewed the request at their
regularly scheduled meeting on March 17, 2020 and found it acceptable.
NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby
grants license to Matthew Rydeen to operate a single-horse carriage on public roadways subject
to the following conditions:
1. Upon review and approval of the license request by the Police Department and the
Public Works Department, the City Clerk is authorized to issue a license to Matthew
Rydeen for his horse drawn carriage.
2. Matthew Rydeen may operate one single-horse carriage in Stillwater.
3. A license must be applied for annually from the Community Development
Department. The license is valid through December 31 of the year issued.
4. No license will be issued or renewed without proof of general liability insurance in
the minimum amount of $1,000,000 per occurrence.
5. Operating restrictions and conditions:
a. The horse drawn carriage must not be operated upon a public trail or sidewalk.
b. The horse drawn carriage will be subject to inspection by the City of
Stillwater public safety officials.
c. The carriage driver must have in his possession a valid driver's license while
in control of the carriage, and shall operate the carriage in compliance with all
applicable federal, state, and local traffic laws, and in a manner so as to assure
the safety of persons and property.
d. The carriage driver must obey and comply with any lawful order or direction
of any police officer, traffic control agent, or regulatory services inspector.
e. The approved route and alternate route for the carriage operation is seen in
Exhibit A.
f. The City reserves the right to alter or limit carriage operations to specified
routes and streets if required for public safety reasons.
g. If Sam Bloomer Way or Water Street are inaccessible because of high water
or other reasons, the carriage operator must receive approval the Stillwater
Police Department for an alternate route.
h. The horse and carriage may only stage from private parking lots in the
downtown area.
i. Animal waste must be cleaned up as soon as practical and disposed of
properly. In no instance may it remain overnight on public streets or on
private property downtown.
j. Upon receipt of any serious substantiated complaints, as determined to be
serious and substantiated by the City Administrator, the license will be placed
on the next available City Council agenda for review.
Adopted by the Stillwater City Council this 17th day of March, 2020.
_____________________________
Ted Kozlowski, Mayor
ATTEST:
__________________________
Beth Wolf, City Clerk
EXHIBIT A
DATE: March 17, 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
Resolution
2020 Lease
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
RESOLUTION 2020-
RESOLUTION APPROVING LEASE OF DOCK SPACE
FROM ST CROIX BOAT & PACKET
WHEREAS, the City Council of the City of Stillwater wishes to provide short term
docking to the boating public for free; and
WHEREAS, St Croix Boat & Packet, has agreed to grant the City of Stillwater a Lease
of Dock Space on docks they own on the St Croix River, in the location shown in Exhibit A.
NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby
approves the above described lease between St Croix Boat & Packet and the City of Stillwater,
dated _________________, 2020 subject to the terms found in the lease as well as the following
terms and conditions:
1) St Croix Boat & Packet will offer electricity and water to the boating public at a
reasonable price.
2) Use of slips will be free of charge to the public.
3) Overnight stays will be allowed at the four most southerly slips. But only at these four
slips.
4) Overnight stays are limited to three consecutive nights.
Adopted by the Stillwater City Council this 17th day of March, 2020.
_____________________________
Ted Kozlowski, Mayor
ATTEST:
__________________________
Beth Wolf, City Clerk
Exhibit A
LEASE
St. Croix Boat and Packet, Lessor, hereby grants to The City of Stillwater, Tenant, a Lease
of the Dock Space on the St. Croix River as shown on the map attached as Exhibit ‘A’, Stillwater,
Minnesota 55082, on the following terms:
1. Rent of $16,000 for the 2020 boating season, amounts due on the 1st of each month
beginning May 1st, 2020 through October 1st, 2020 to be mailed to Lessor at the following address:
225 Nelson Street, Stillwater, MN 55082.
2. Lessor shall pay the following expenses: electricity, if any, and garbage removal
and any needed insurance on the Lessor’s premises not under lease to Tenant. Lessor must allow
public ingress and egress across their property to access the Leased Premises.
3. Tenant must keep the space clean and in good condition. Reasonable wear and tear
is permitted; however, any unreasonable damage to the premises will be assessed by inspection
and the cost of any repairs will be paid by Tenant.
4. Tenant must notify Lessor before performing any improvements or repairs.
5. Tenant is responsible to provide insurance coverage for Tenant’s use of the property
and equipment, and any business or public activity it conducts on the premises, including liability
insurance equal to the municipal tort limits established by Minnesota law.
6. Tenant’s rights under the Lease are exclusive to Tenant and non–assignable, and
may not be sublet, except by written approval of the Lessor.
7. Lessor and Tenant must provide to the other contact information, including
telephone numbers that the Lessor and Tenant can reach one another at and emergency telephone
numbers of persons to be contacted in case of emergency.
IN WITNESS WHEREOF, The City of Stillwater, Tenant, and St. Croix Boat and Packet,
Lessor, have executed this Lease this ____ day of March, 2020.
TENANT: LESSOR:
The City of Stillwater St. Croix Boat and Packet
Exhibit A
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
445 Minnesota Street, Suite 222, St. Paul, MN 55101
651-201-7500 Fax 651-297-5259 nv 651-282-6555
APPLICATION AND PERMIT FOR A 1 DAY
TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
.... N_am_e_o_f _o...,r .._a_n_iz_at_io_n ___________________ _, Date organiz ed Ta x ex empt number
~G_re_a_t_er_S_t_il _lw_a_te_r_C_h_a_m_b_e_r _o_f C_om_m_e_rc_e ______ ~ ~11_89_1 ______ ! k 1-1990512
City State Zip Code
200 Chestnut Street East #204!1 .-S.....;..til-lw-a-te-r ---., .-!M_N _____ ,.l!...-55-'-0-8_2 __ _
Address
Name of person making a ppl ication Business p hone Home phone
1 ..... ~_ob_in_A_n_t _ho_n_y _____________ _.! 1651-439-4001
Date(s ) of event Type oforganization O Microdistillery O Sma ll Bre w er
,....IM_a_y""-'-1-5_2_p_m ___ 1_0_p_m_, _M_a_y_1_6_8_a_m--5-p_m _____ __,, D Club D Charitable D Religious ~her non -profit
Orga nization officer's name City State Zi p Code
I II
Orga nization officer's name Ci t y State Zi p Code
I 11 I
Orga nization officer's name City State Zip Code
I 11 11
City State Zip Code
I 11 11
Orga nization officer's name
Location where perm it will be used. If an outdoor area, describe
Lo t south of Chestnut based on the design map of the Lift and Loop celebration
If the a p licant will contract for intoxicatin Ii uor service g ive the name and address of the Ii uor license prov id in the service.
College City
McGarrey
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIING TO ALCOHOL AND GAMBLING ENFORCEMENT
City of Stillwater
City or County approvl ngthe license
$25/day = cf 5V
Date Approved
Permit Date
bwolf@ci.stillwater.mn.us
Date Fee Paid City o r Co unt y E-m ai l A ddress
651-430-8802
City or County Phone Number
Signature City Clerk or County Official Approved Director Alcohol and Gambl i ng Enforcement
CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event.
ONE SUBMISSION PER EMAIL, APPLICATION ONLY.
PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT
BACK VIA EMAIL E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARVAPPLICATION@STATE .MN .US
PLANNING REPORT
TO: Mayor & Council Members CASE NO. 2019-25
REPORT DATE: March 12, 2020
MEETING DATE: March 17, 2020
APPLICANT: City of Stillwater
REQUEST: Zoning text amendment (ZAT) revising sign regulations
REPORT BY: Bill Turnblad, Community Development Director
REVIEWED BY: Abbi Wittman, City Planner
Graham Tait, Zoning Administrator
Kori Land, City Attorney
INTRODUCTION
The sign regulations found in the Zoning Chapter of the City Code are in need of revision for several
reasons. First, US Supreme Court cases over the years have refined first amendment free speech law that
applies to signage and that needs to be reflected in our sign regulations. Second, electronic signage has
evolved dramatically over the last several decades and the City has received requests to allow the new
technology to be incorporated into its sign code. And third, institutional signage has been largely ignored
by the City Code and needs to be addressed.
Therefore, the City Attorney and City planning staff have drafted a zoning chapter amendment to address
these issues. We have also taken the opportunity to re-organize the sign code so it flows more logically
and is more understandable.
The Planning Commission held a public hearing on the ordinance on February 26th and recommended
approval of the attached draft.
SPECIFIC REQUEST
Consider approval of the first reading of the attached draft ordinance that will revise the Sign Code
Section (Section 509) of the City Code’s Zoning Chapter (Chapter 31).
ANALYSIS
The great majority of the current sign code would remain the same. The changes that are proposed are
highlighted below.
Case 2019-25
Page 2
1. Free speech law. Content neutrality has been addressed throughout the sign code, as well as
commercial free-speech law refinements as they apply to signage.
2. Electronic signage. Electronic message center signage (aka. digital signage) is proposed to be added
and would be allowed in the BP-C Zoning District on larger properties that abut Highway 36. They
would also be allowed under specific circumstances in the institutional and park zoning districts.
a. An electronic message center is being defined as a portion of a freestanding sign that is
capable of displaying words, symbols, figures or images that electronically change by remote
or automatic means.
b. Only one would be allowed per lot or multi-tenant building.
c. It must be an integral part of a freestanding sign, not wall mounted.
d. The display of an electronic message center would not be permitted to change more than once
every twenty seconds. This standard was developed by the International Sign Association to
address driver distraction, and is on the conservative end of their spectrum of “safe” change
intervals.
e. The size of the electronic message center will be
limited to fifty percent of a freestanding sign’s
total allowable area. Limiting the size of the
digital display reduces driver distraction and the
annoyance/light pollution of large back lit
displays.
i. A freestanding sign in the BP-C District,
for example, could have 100 or 120
square feet of signage, depending upon
the size of the multitenant building it is
associated with. So, the maximum size of
a digital display area would be 50 or 60
square feet respectively.
ii. The Valley Ridge Mall has a 110 square
foot freestanding sign and they would like
to incorporate a digital display into it so
they can rotate weekly or monthly the names of tenants that cannot fit on the static
sign panels. Now they do this by temporarily hanging a banner under the sign panels.
If these sign changes are adopted, two of
their three current tenant panels could be
converted to an electronic message
center, and the banner would be
removed.
iii. The freestanding sign at the Pizza Ranch
in Oak Park Heights (seen to the right) is
another example of what could be
allowed as an electronic message center
according to the new standards.
f. Regulations for the electronic message center
require either functional automatic dimming capabilities that adjust the brightness to ambient
light at all times of the day and night; or the illumination will not be allowed to exceed 0.3
footcandles over ambient lighting conditions when measured seventy-one feet from the sign1.
g. No off-premises electronic message centers are allowed.
1 Regulations developed by the International Sign Association (an independent sign research institution founded in
1944 and based in Alexandria, VA).
Case 2019-25
Page 3
h. All other applicable sign regulations found in Section 31-509 must be met.
i. In the BP-C Zoning District they would be permitted on the properties abutting State
Highway 36 between Industrial Boulevard and Market Drive. This segment of the 36
corridor has somewhat larger properties than the rest of the Stillwater side of Hwy 36, and
these properties tend to have multitenant buildings. Note that the former Herberger’s site is
included in the list of properties that would be allowed to have an electronic message center,
but it is technically separated from the highway and its frontage road by a stormwater pond
owned by the City.
j. In the PA and PROS zoning districts, electronic message centers could be incorporated into
institutional signs if:
i. In the PROS Zoning District the electronic message center is permitted only if it is
located on a property with a recreation center or a multiple use park building; and
ii. In the PA Zoning District an electronic message center is permitted only if there is
no direct line of sight from a residentially zoned property to the graphic display
area.
Properties where Electronic Message Centers would be allowed: shown in light grey stripes
3. Institutional signage. The third major reason for the code amendment is to be consistent about
institutional signage. Currently the code allows an institution (church, school, hospital, governmental
agency) to have a 32 square foot “bulletin board” in residential zoning districts. But, a bulletin board
is not defined. So, by policy we permit one 32 square foot wall mounted or freestanding sign per
institution in a residential zoning district. However, oddly enough, institutional signage is not
Case 2019-25
Page 4
allowed in the institutional and park zoning districts. So, the amendment proposes to allow
institutional signage as follows:
a. In Residential Zoning Districts, one 32 sf wall mounted or freestanding sign is allowed.
Only non-electronic message centers are allowed.
b. In the PA and PROS Zoning Districts, one 32 square foot wall mounted or freestanding
sign is allowed. In these zoning districts, the institutional sign could be an electronic
message center if no residentially zoned property has a direct line of sight to the display
area. In that case the message center would have to be non-electronic.
4. Miscellaneous changes.
a. Temporary signs. This section has been updated to reflect how temporary signs are actually
being regulated today.
b. Substitution clause. New language is proposed to allow substituting new text for text in an
existing permitted sign without City review.
c. Several definitions have been added, or completely rewritten.
i. Electronic message center
ii. Institutional sign
iii. Marquee
iv. Non-electric message center
v. Projection Sign
vi. Public Sign
vii. Roof Sign
viii. Sign
ix. Wall Sign
d. An allowable signage table was created that shows which signs are allowed in each zoning
district.
i. This table does not create revised regulations. It simply summarizes regulations.
ii. The entire body of sign regulations has been re-organized for better flow.
iii. Rummage/garage sale signage performance standards have been moved to Ch 31-505,
Miscellaneous Residential Standards.
e. To be consistent with the 2040 Comprehensive Plan, city staff and planning consultants are
preparing several ordinance amendments. One creates a Highway Mixed Use (HMU) Zoning
District and a Community Mixed Use (CMU) Zoning District. The massing and use
standards for these zoning districts are very similar to the existing BP-C District. An
exception will be that residential uses can be incorporated into development projects within
the mixed use districts. In keeping with development standards being similar in the mixed
use districts to those in the BP-C district, the revised sign ordinance regulates signage in the
HMU and CMU districts with the same set of standards as found in the BP-C district.
POSSIBLE ACTIONS
The City Council has the following options:
A. Approve the first reading of the sign ordinance with or without revisions.
B. Deny the first reading of the sign ordinance.
C. Table the first reading for additional information.
Attachment: Draft ordinance
bt
1
ORDINANCE NO._________
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31-101
REGARDING ZONING DEFINITIONS, AMENDING CHAPTER 31-509 REGARDING
SIGN REGULATIONS, AND ENACTING CHAPTER 31-505, SUBD. 3 REGARDING
GARAGE SALE SIGNAGE
The City Council of Stillwater does ordain:
SECTION 1. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the
Zoning Definitions is hereby amended by adding the following definitions, which shall be
incorporated alphabetically, and the entire section renumbered accordingly:
Sec. 31-101. – Definitions.
Abandoned sign means any sign and/or its supporting sign structure and appurtenances which
remains without a message or whose display surface remains blank for a period of one (1) year
or more, or any sign which pertains to a time, event or purpose which no longer applies, shall
be deemed to have been abandoned. Sign applicable to a business temporarily suspended
because of a change in ownership or management of such business shall not be deemed
abandoned unless the property remains vacant for a period of one (1) year or more. If an
abandoned sign remains in good condition and without holes or other evidence of disrepair or
damage, the sign shall not be considered abandoned for a period of up to one (1) year, after
which time, it must be removed.
Awning means a roof-like cover, often of fabric, plastic, metal or glass designed and intended
for protection from the weather or as a decorative embellishment, and which projects from a
wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning
which also projects over a door shall be considered an awning.
Building sign means any sign attached or supported by any structure used or intended for
supporting or sheltering any use or occupancy.
Commercial speech means any speech promoting a business, profession, commodity, service,
or entertainment.
Commercial sign means any sign that promotes or identifies a product, business, service,
entertainment, or any other matter of a commercial nature.
Digital sign. See definition of electronic message center.
Directory sign means a sign used to guide pedestrians, but not vehicles, to individual
businesses within a multitenant commercial area that is placed on the site of the development
and may be erected only in internal pedestrian access areas.
2
Electronic Message Center means a portion of a freestanding sign that is capable of displaying
words, symbols, figures or images that electronically change by remote or automatic means.
Footcandle means a measure of illumination on a surface that is one foot from a uniform source
of light of one candle and equal to one lumen per square foot.
Garage sale sign means a temporary sign promoting a garage or rummage sale.
Institutional Sign means a sign identifying a church, school, hospital, government or similar
type institution.
Marquee means any permanent roof-like structure projecting beyond a building or extending
along and projecting beyond the wall of that building, generally designed and constructed to
provide protection from the weather.
Monument sign means a sign not supported by exposed posts or poles which is architecturally
designed and located directly at grade with a base at least as wide as the sign.
Multitenant master sign means an on-premise sign identifying multiple tenants in a single
building.
Non-commercial sign means a sign for a non-commercial expression not related to the
promotion of any product or service or the identification of any business.
Non-commercial speech means the dissemination of messages not classified as commercial
speech that include, but are not limited to, messages concerning political, religious, social,
ideological, public service and informational topics.
Non-Electronic Message Center means a sign or portion thereof that has a readerboard for the
display of text information in which each alphanumeric character, graphic or symbol is defined
by objects, not consisting of an illumination device, that may be changed or re-arranged
manually or mechanically with characters, letters or illustrations that can be changed or
rearranged without altering the face or the surface of the sign.
Off-Premises sign means a sign normally used for promoting an interest other than that of a
business, individual, products, or services available on the premises where the sign is located.
SECTION 2. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the
Zoning Definitions is hereby amended by revising the following definitions to read as:
Billboard means a non-accessory sign erected for the purpose of promoting a product, event,
person or subject no usually related to the premises on which the sign is located.
Building sign plan means an illustration that shows size, location, materials and lighting for all
signs on a building or group of related buildings.
Construction sign means a temporary sign at a construction site identifying the project.
3
Freestanding sign means any sign which has supporting framework that is placed on or
anchored in the ground and which is independent from any building or other structure.
Historic sign means a sign that is of historical significance or that is an historic resource within
the meaning of Minn. Stat. Ch. 116B.
Illuminated sign means any sign that contains an element designed to emanate artificial light
internally or externally.
Marquee sign means any building sign painted, mounted, constructed or attached in any
manner, on a marquee.
Political Non-commercial sign means a sign designed for the purpose of supporting or
opposing a candidate, proposition or other measure at an.
Portable sign means a sign which is manifestly designed to be transported, including by trailer
or on its own wheels, even though the wheels of such sign may be removed, and the remaining
chassis or support is converted to another sign or attached temporarily or permanently to the
ground since this characteristic is based on the design of such a sign.
Projecting sign means a sign which is affixed to a building or wall in such a manner that its
leading edge extends more than one (1) foot beyond the surface of such building or wall face.
Public sign means a sign usually erected and maintained by a public agency that provides the
public with information and in no way relates to a commercial activity. Examples of public
signs include, but are not limited to, speed limit signs, stop signs, city limit signs, street name
signs, directional signs, and historic points of interest.
Real estate development sign means a sign intended to sell or promote a development project.
Real estate sign means a sign placed upon a property to promote that property for sale, rent or
lease.
Roof sign means a sign erected and constructed wholly or in part on or above the parapet or
eave line of a building.
Sign means a letter, work or symbol, poster, picture, statuary, reading matter or representation
in the nature of advertisement, promotion, announcement, message or visual communication,
whether painted, posted, printed, affixed or constructed, including all associated brackets,
braces, supports, wires and structures, which is displayed for information or communicative
purposes.
Sign structure means the structure including the supports, uprights, bracing and framework
which supports or is capable of supporting any sign.
Wall sign means a building sign attached parallel to, but within one (1) foot of a wall, painted
on the wall surface of, or erected and confined within the limits of an outside wall of any
4
building or structure, which is supported by such wall or building, and which displays only one
(1) sign surface.
Window sign means a building sign, pictures, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service, that
is placed inside a window or upon the window panes of glass and is visible from the exterior
of the window.
SECTION 3. REPEAL AND REPLACE. Stillwater City Code Chapter 31-509 relating
to the Sign Regulations is hereby repealed and replaced as follows:
Sec. 31-509. – Sign regulations.
Subd. 1. Findings. As a historic community, this city is unique. The proper control of signs is
of particular importance because of this historical quality and uniqueness. The city’s zoning
regulations have included the regulation of signs in an effort to provide adequate means of
expression and to promote the economic viability of the business community, while protecting the
city and its citizens from a proliferation of signs of a type, size, location and character that would
adversely impact upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within the city has had a
positive impact on traffic safety and the appearance of the community. Further, the city finds:
(a) Exterior signs have a substantial impact on the character and quality of the
environment.
(b) Signs provide an important medium through which individuals may convey a variety
of messages.
(c) Signs can create traffic hazards, aesthetic concerns and detriments to property values,
thereby threatening the public health, safety and welfare.
Subd. 2. Purpose. It is not the purpose or intent of this sign ordinance to regulate the message
displayed on any sign; nor is it the purpose or intent of this section to regulate any building design
or any display not defined as a sign, or any sign which cannot be viewed from outside a building.
The purpose and intent of this section is to:
(a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety,
and welfare.
(b) Maintain, enhance and improve the aesthetic environment of the city by preventing
visual clutter that is harmful to the appearance of the community.
(c) Improve the visual appearance of the city while providing for effective means of
communication, consistent with constitutional guarantees and the city’s goals of
public safety and aesthetics.
5
(d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the city.
Subd. 3. Severability. If any section, subsection, sentence, clause, or phrase of this sign
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this sign ordinance. The City Council hereby declares that it would have
adopted the sign ordinance in each section, subsection, sentence, or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentence, clauses, or phrases be declared
invalid.
Subd. 4. Substitution Clause. Signs containing non-commercial speech are permitted anywhere
that signs containing commercial speech are permitted, subject to the same regulations applicable
to such signs. Any sign containing commercial speech may substitute non-commercial speech; any
sign containing non-commercial speech may substitute commercial speech or other non-
commercial speech; any sign containing commercial speech may substitute other commercial
speech. This substitution of speech may be made without any additional approval or permitting.
The purpose of this provision is to prevent any inadvertent favoring of commercial speech over
non-commercial speech or favoring of any particular non-commercial message over any other non-
commercial message. This provision prevails over any more specific provision to the contrary.
Subd. 5. Permit Required.
(a) Unless exempted pursuant to Subdivision 7, no person shall erect, alter, reconstruct,
maintain or move a sign in the city without first obtaining a permit from the city. The
content of the sign shall not be reviewed or considered in determining whether to
approve or deny a sign permit. An application for a permit may be obtained from the
community development director or designee. The application must be accompanied
by the required fee and must contain the following information:
(1) Street address or location of the property on which the sign is to be located
along with the name and signature of the owner of the building;
(2) Name, address and signature of the owner of the sign;
(3) Name, address and phone number of the sign installation contractor;
(4) The type of sign as defined in this ordinance;
(5) A complete set of plans and scaled drawings showing the materials, design,
dimensions, structural supports, method of attachment, internal and external
lighting and electrical components of the sign;
(6) A site plan showing the location of the proposed sign with dimensions to all
adjacent lot lines;
(7) An approved building sign plan, if there is more than one business or use in a
building;
6
(8) Certification by applicant indicating the application complies with all
requirements of the sign code.
(b) The community development director or designee shall approve or deny the sign
permit within sixty (60) days following receipt of the completed application,
including applicable fee. A decision must be made in writing and must be mailed or
electronically delivered to the applicant at the address or email address provided in
the application. If the permit is denied, the reason must be stated in writing and
describe the applicant’s appeal rights under Section 31-217 and must be sent by
certified mail to the applicant.
Subd. 6. General Provisions.
(a) The following provisions apply to signs located in all zoning districts:
(1) All signs must comply with any applicable design guidelines and
neighborhood plans adopted by the City of Stillwater and must meet all the
size, location and height standards as required in Section 31-509.
(2) Repairs. Any sign located in the city which may now be or become out of
order, rotten or unsafe, and every sign which shall hereafter be erected,
altered, resurfaced, reconstructed or moved contrary to the provisions in this
section, shall be removed or otherwise properly secured in accordance with
the terms of this ordinance by the property owners, business owners or by the
owners of the grounds on which the sign stands, upon receipt of proper notice
to do so, given by the community development director or designee. No rotten
or other unsafe sign shall be repaired or rebuilt except in accordance with the
provisions of this ordinance and upon a permit issued by the community
development director or designee.
(3) Electrical Signs. Electrical signs must be installed in accordance with the
current state electrical code.
(4) Placement.
i. No sign or sign structure may be erected or maintained if it prevents free
ingress or egress from any door, window or fire escape. No sign may be
attached to a standpipe or fire escape.
ii. A sign must not be erected, positioned, or maintained so as to obstruct
the architectural features of a building.
iii. All signs must be compatible with the building and neighborhood where
located, including any approved building sign plan.
(5) Temporary Signs. The use of banners, pennants and similar devices for
commercial, industrial and institutional uses shall be subject to the following
provisions:
7
i. Temporary signs shall require a permit that shall be valid for no more
than thirty (30) days.
ii. Not more than one (1) temporary sign shall be displayed upon a property
at any one time.
iii. Not more than three (3) temporary sign permits, or up to three (3)
temporary signs for a total of not more than ninety (90) days, shall be
issued during any calendar year.
iv. The size of a temporary sign shall not exceed the maximum size allowed
for a similar type of permanent sign allowed on the property.
v. Free-standing or movable temporary signs shall adhere to any setbacks
required for similar permanent signage on the property.
vi. The temporary sign shall be in harmony, as determined by the
community development director or designee, with the surrounding
properties and the neighborhood in which it will be displayed.
vii. Notwithstanding the foregoing, temporary signs that do not conform to
the requirements of this section may be approved by the City Council as
part of an event permit, however, all temporary signs must be removed
within two (2) days after the event.
(6) Maintenance. All signs must be maintained in a safe, presentable and good
structural condition at all times, including the replacement of defective parts,
cleaning and other items required for maintenance of the sign. Vegetation
around, in front of, behind, and underneath the base of ground signs for a
distance of ten (10) feet must be neatly trimmed and free of weeds. Rubbish
or debris under or near the sign must be removed.
(7) Signs on Public Property or Right-of-Way.
i. Except for public signs, signs approved by the City Council pursuant to
an event permit, and signs allowed by encroachment agreement, no
signs may be erected or temporarily placed within any right-of-way,
upon public lands or easements without approval from the community
development director or designee.
ii. The city may at any time and without notice remove signs which have
been installed on public property or within public right-of-way or
easement without approval. The sign owner may retrieve the signs: from
a designated impound area at the city within fifteen (15) days from the
date of removal. After fifteen (15) days, the city will dispose of the sign.
The city shall not be liable for any damage to removed signs.
8
iii. The city may grant a permit to locate temporary signs or decorations on,
over or within the right-of-way.
(8) Flags. Non-Commercial flags may be displayed in accordance with state and
federal law. No more than three (3) non-commercial flags may be displayed
outside of a building.
(9) Historic sign. The requirements of size, location and height in Section 31-509
may be waived by the City Council if the sign is an historic resource or if the
sign is a reproduction of an historic sign.
(10) Graphic design signs. Graphic design signs require a conditional use permit.
(11) Table 1 identifies where various types of signs are allowed and whether the
sign is required to have a permit:
9
Subd. 7. Exemptions. The following signs shall not require a permit and are allowed in every
zoning district. These exemptions, however, shall not be construed as relieving the owner of the
sign from the responsibility of its erection, maintenance and compliance with the other provisions
of Section 31-509 or any other law or ordinance regulating the same.
(a) Public signs and integral signs.
(b) Non-Commercial Signs.
(1) In any general election year, all non-commercial signs are exempt from
regulation and may be posted in any size or in any number beginning 46 days
before the state primary in a state general election year until ten (10) days
following the general election and thirteen (13) weeks prior to any special
election until ten (10) days following the special election.
(2) A political, non-commercial sign outside the exemption period outlined in
Subdivision 7(b)(1) of 31-509, is regulated as follows:
i. Residential and CA districts: the maximum sign size is six (6) square
feet in area with a maximum height of four (4) feet.
ii. All other districts: the maximum size is thirty-five (35) square feet in
area.
(c) Construction signs. A construction sign must be confined to the construction site and
must be removed within two (2) years of the date of issuance of the first building
permit or upon completion of the project, whichever occurs first. One construction
sign is permitted for each street the project abuts. No sign may exceed thirty-two (32)
square feet in multifamily residential, commercial and industrial districts and twelve
(12) square feet in single-family residential districts.
(d) Real estate signs.
(1) A real estate sign is limited to up to six (6) square feet in residential districts
and up to thirty-two (32) square feet in commercial districts. A real estate sign
must be removed within ten (10) days after sale or rental of property.
(2) Temporary real estate “open house” signs, provided that:
i. The sign is not placed in a manner that creates a nuisance to adjacent
owners, does not create a safety hazard or block the view of entrances
to streets or intersections.
ii. The sign is placed one-half hour before the open house and is removed
each day immediately after the open house closes.
10
iii. A maximum of four (4) signs in a residential zoning district are allowed
for each open house and are limited to a four-block radius of the open
house.
iv. The sign must not exceed six (6) square feet.
(3) Real estate development project sign. For a development project of up to 25
acres, one sign not to exceed one hundred (100) square feet of sign surface
may be erected on the project site. For projects of 26-50 acres, one or two
signs not to exceed two hundred (200) aggregated square feet of sign surface
may be erected. For projects over fifty (50) acres, up to three signs not to
exceed three hundred (300) aggregate square feet of sign surface may be
erected. No dimension shall exceed twenty-five (25) feet exclusive of
supporting structures. The sign may not remain after 95% of the project is
developed. The sign must be bordered with a decorative material compatible
with the surrounding area. If the signs are lit, they must be illuminated only
during those hours when business is in operation or when the model homes
or other development is open for conducting business.
(e) Nameplate sign.
(1) A nameplate sign must be placed on a wall of the structure not exceeding two
(2) square feet in area per structure. A nameplate sign shall not be constructed
as to have more than two (2) surfaces.
(2) A single nameplate sign must be placed on a wall of the structure for each
dwelling group of six (6) or more units. The nameplate sign may not exceed
six (6) square feet in area per surface and may not be constructed as to have
more than two (2) surfaces.
(f) Window sign. A window sign, which cannot cover more than one-third of the total
area of the window in which the sign is displayed.
(g) Garage and rummage sale signs, provided they comply with Section 31-505, Subd.
3.
Subd. 8. Prohibited Signs. The following signs are prohibited in all zoning districts:
(a) Abandoned signs.
(b) Any sign, signal, marking or device which purports to be or is an imitation of or
resembles any official traffic control device or railroad sign or signal, or emergency
vehicle signs, or which attempts to direct movement of traffic or which hides from
view or interferes with the effectiveness of any official traffic control device or any
railroad sign or signal.
(c) Any sign that obstructs the vision of drivers or pedestrians or detracts from the
visibility of any official traffic control device.
11
(d) Off-premises commercial signs.
(e) Billboard signs.
(f) Any sign that moves or rotates, except barber poles and permitted electronic message
centers.
(g) Signs that display any moving parts, are illuminated with any flashing or intermittent
lights or are animated, except electronic message centers. All displays must be
shielded to prevent any light from impairing the vision of any driver. No device may
be illuminated to obscure an official traffic sign or signal, including indoor signs
which are visible from public streets.
(h) Roof signs.
(i) Any sign with banners, pennants, ribbons, streamers, string or light bulbs, spinners
or similar devices, except where used for noncommercial purposes or as part of an
approved sign application.
(j) Portable signs including signs with wheels removed, attached temporarily or
permanently to the ground.
(k) Signs mounted on a vehicle for promotional purposes, parked and visible from the
public right-of-way, except signs identifying the related business when the vehicle is
being used on the normal day-to-day operations of that business.
(l) Signs painted, attached or in any other manner affixed to trees, rocks, or similar
natural surfaces, directly on building walls, or attached to public utility poles,
telephone cables or wires, bridges, towers, or similar public structures or the supports
thereof.
(m) Illuminated signs or spotlights giving off an intermittent or rotating beam.
(n) Revolving beacons, beamed lights or similar devices.
(o) Hot air, gas filled or inflated objects used for commercial speech.
(p) Signs supported by guy wires.
(q) Signs in a state of disrepair.
Subd. 9. Specific Regulations by Zoning District. In addition to the signs allowed in
Subdivision 7 of 31-509, the following signs shall be allowed within the specific zoning districts:
(a) Central Business and General Commercial Districts. All signs in the CBD-central
business or CA-general commercial districts are subject to the following
requirements:
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(1) General regulations:
i. In addition to the signs allowed without a permit pursuant to
Subdivision 8 of 31-509, only one (1) wall, monument, awning, canopy
or three-dimensional sign is allowed per business within the CA-general
commercial district. When a building or business abuts two or more
public streets and/or public alleys, one (1) sign is allowed on each street
building face.
ii. In addition to the signs allowed without a permit pursuant to
Subdivision 8 of 31-509, two (2) signs are allowed per business within
the CBD-central business district. The two (2) allowed signs must be
one (1) wall sign and either a three-dimensional sign or a projecting
sign.
iii. All signs in the CBD-central business district must meet the downtown
design guidelines for signs.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The total building signage may have an aggregate area not exceeding
one (1) square foot for each foot of building face parallel or substantially
parallel to a street lot line.
ii. It must not project more than twelve (12) inches from the wall to which
the sign is affixed.
iii. It must not project higher than the parapet or eave line of the wall to
which the sign is affixed or fifteen (15) feet as measured from the base
of the building wall to which the sign is affixed, whichever is less.
iv. Externally illuminated letters are allowed, but no internally illuminated
signs are allowed.
v. Where a principal building is devoted to two (2) or more permitted uses,
the operator of each use may install a wall sign for its use consistent
with a building sign plan approved by the City. The total gross signage
for the entire building may not exceed one (1) square foot for each foot
of the building face parallel, or substantially parallel, to a street lot line
with a maximum of twenty-five (25) square feet per business.
(3) Freestanding signs. Freestanding signs shall meet the following requirements:
i. The area of a monument or freestanding sign may not exceed thirty (30)
square feet.
13
ii. A monument or freestanding sign may be located in any required yard
but must have a setback of fifteen (15) feet from any point of vehicular
access, public roadway and property line.
iii. A monument or freestanding sign may not project higher than six (6)
feet, as measured from the base of the sign or grade of the nearest
roadway, whichever height is less.
iv. The area around a monument or freestanding sign must be landscaped.
v. Externally illuminated letters are allowed, but no internally illuminated
signs are allowed.
vi. Pedestrian and vehicular sight lines must not be blocked.
(4) Awning or canopy signs. Awning or canopy signs shall meet the following
requirements:
i. The gross surface area of an awning or canopy sign may not exceed fifty
(50) percent of the gross surface area of the smallest face of the awning
or canopy to which the sign is affixed.
ii. An awning or canopy sign may not project higher than the top of the
awning or canopy or below the awning or canopy.
(5) Three-dimensional signs. The total area of a three-dimensional sign is
determined by enclosing the largest cross section of the sign in an easily
recognized geometric shape and computing its area, which may not exceed
nine (9) square feet.
(6) Projecting sign. A projecting sign shall meet the following requirements:
i. The total area of a projecting sign may not exceed six (6) square feet.
ii. It must be easily visible from the sidewalk and not be a hazard to
pedestrians.
iii. If lighted, the sign must be externally illuminated.
iv. The bottom of the sign and bracket must be at least eight (8) feet above
sidewalk grade.
(b) Business Park and Highway Mixed Use Districts. All signs in the BP-O, BP-C, BP-
I, HMU and CMU districts are subject to the following requirements:
(1) General regulations: In addition to the signs allowed without a permit
pursuant to Subdivision 8 of 31-509, a property may have one (1) freestanding
14
sign, one (1) wall sign per business, and as many awning, canopy, marque, or
multitenant master signs as provided in subdivision 10(b)(5) of 31-509.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The gross surface area of a wall sign may not exceed one (1) square foot
for each foot of building, parallel or substantially parallel to the front lot
line.
ii. It must be located on the outermost wall of any principal building but
may not project more than twelve (12) inches from the wall to which
the sign is affixed.
iii. It must not project higher than the parapet line of the wall to which the
sign is affixed or twenty (20) feet as measured from the base of the
building wall to which the sign is affixed, whichever height is less.
iv. Where a principal building is devoted to two (2) or more uses, the
operator of each use may install a wall sign for its use consistent with a
building sign plan approved by the City. The total gross signage for the
entire building shall not exceed one (1) square foot for each foot of
building face parallel, or substantially parallel, to a street lot line or a
minimum of twenty-five (25) square feet per business, whichever is
more.
v. Only one (1) wall sign per building face is allowed.
(3) Freestanding signs. Freestanding signs shall meet the following requirements:
i. The gross surface area of a freestanding sign may not exceed one
hundred (100) square feet for each exposed face nor exceed an aggregate
gross surface area of two hundred (200) square feet.
ii. A freestanding sign must be set back fifteen (15) feet from the front or
side property line.
iii. Along State Highway 36, freestanding signs may not project higher than
twenty-five (25) feet. Along County Road 5 from Highway 36 to
Croixwood Boulevard and South Greely from Orleans to Highway 36
freestanding signs may not project higher than twenty (20) feet. In all
other locations, a freestanding sign may not project higher than six (6)
feet. Signs shall be measured from the base of the sign or grade of the
nearest adjacent roadway, whichever height is less.
iv. There may be one (1) freestanding sign per development site.
(4) Awning, canopy or marquee signs. Awning, canopy or marquee signs shall
meet the following requirements:
15
i. The gross surface area of an awning, canopy or marquee sign may not
exceed fifty (50) percent of the gross surface area of the awning, canopy
or marquee to which the sign is affixed.
ii. A sign may be affixed to or located upon any awning or marquee.
iii. An awning, canopy or marquee sign may not project higher than the top
of the awning or marquee to which the sign is affixed.
(5) Multitenant master sign. Each multitenant or multi-use building is permitted
one (1) building master identification sign which meets the following
requirements:
i. If the multitenant commercial building has a floor area of 40,000 square
feet or less, the building may have a freestanding sign with a maximum
of one (1) square foot for each five (5) feet of building frontage or forty
(40) square feet maximum with a maximum height of eight (8) feet.
ii. If the multitenant commercial building has a floor area greater than
40,000 square feet, but less than the 100,000 square feet, the entry may
have a master identification sign with a maximum of seventy-five (75)
square feet on each side and with a maximum height of twenty (20) feet.
iii. If the multitenant commercial building has a floor area greater than
100,000 square feet, the building may have a master identification sign
with a maximum of one hundred and twenty (120) square feet on each
side and with a maximum height of twenty-five (25) feet.
(c) PA, PROS and PWFD Districts. All signs in the PA, PROS and PWFD districts are
subject to the following requirements:
(1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of
31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed
for each facility.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The gross surface area of a wall sign may not exceed one (1) square foot
for each foot of building, parallel or substantially parallel to the front lot
line.
ii. It must not project higher than the parapet or eave line of the wall to
which the sign if affixed.
(3) Freestanding signs. Freestanding signs shall meet the following requirements:
16
i. The gross surface area of any side of a freestanding sign must not exceed
120 square feet.
ii. It must be set back fifteen (15) feet from the front or side property line.
iii. Along State Highway 36, freestanding signs must not project higher
than twenty-five (25) feet. In all other locations, a freestanding sign
must not project higher than twenty (20) feet. Signs shall be measured
from base of the sign or grade of the nearest adjacent roadway,
whichever height is less.
(d) Village Commercial. All signs in the VC-Village Commercial district are subject to
the following requirements:
(1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of
31-509, one (1) other sign is allowed per business. It may be a wall,
monument, awning or canopy sign. When a building or business abuts two
(2) or more public streets, one (1) sign is allowed on each street building face.
(2) All signs in the VC-Village Commercial district must meet the approved
Liberty Village design guidelines for signage.
(3) Wall signs. Wall signs must meet the following requirements:
i. The gross surface area of a wall sign shall not exceed one (1) square
foot for each foot of building, parallel or substantially parallel to the
front lot line.
ii. It must be located on the outermost wall of any principal building but
may not project more than twelve (12) inches from the wall to which
the sign is affixed. The location and arrangement of all wall signs is
subject to the review and approval of the community development
director or designee.
iii. It must not project higher than the parapet line of the wall to which the
sign is affixed or twenty (20) feet as measured from the base of the
building wall to which the sign is affixed, whichever height is less.
iv. Where a principal building is devoted to two (2) or more uses, the
operator of each use may install a wall sign upon each share of the
building. The signs are subject to the following restrictions:
a. All signs must be visually consistent in location, design and scale.
b. The total gross signage for the entire building shall not exceed one
(1) square foot for each foot of building face parallel, or
substantially parallel, to a street lot line or a minimum of twenty-
five (25) square feet per business, whichever is more.
17
(4) Freestanding signs. Freestanding signs shall meet the following requirements:
i. The gross surface area of a freestanding sign may not exceed one
hundred (100) square feet for each exposed face nor exceed an aggregate
gross surface area of two hundred (200) square feet.
ii. A freestanding sign must be set back fifteen (15) feet from the front or
side property line.
iii. It shall not be higher than twenty (20) feet measured from the base of
the sign or grade of the nearest adjacent roadway, whichever height is
less.
iv. There may be one (1) freestanding sign per development site.
(5) Awning or marquee signs. Awning or marquee signs shall meet the following
requirements:
i. The gross surface area of an awning or marquee sign must not exceed
fifty (50) percent of the gross surface area of the awning, canopy or
marquee to which the sign is affixed.
ii. A sign may be affixed to or located upon any awning or marquee.
iii. An awning or canopy sign may not project higher than the top of the
awning or marquee to which the sign is affixed.
(6) Multitenant master sign. Each multitenant or multi-use building is permitted
one (1) building master identification sign which meets the following
requirements:
i. Building master identification signs must not contain the names of any
tenants or occupants of the center.
ii. The multitenant commercial building may have a freestanding sign with
a maximum of one (1) square foot of sign for each five (5) feet of
building frontage or forty (40) square feet maximum with a maximum
height of eight (8) feet.
(7) Projecting sign. A projecting sign shall meet the following requirements:
i. The total area of a projecting sign must not exceed six (6) square feet.
ii. It must be easily visible from the sidewalk and not be a hazard to
pedestrians.
iii. If lighted, projecting signs must be externally illuminated.
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(8) Total allowable sign area. The total aggregate sign area allowed on a property
for all signs permitted in subparts (d) through (g) above shall be as follows:
i. A minimum of one hundred (100) square feet; and at a rate of one (1)
square foot of signage for each lineal foot of the building wall facing a
public street, up to a maximum of three hundred (300) square feet.
ii. When a building faces two (2) or more public streets, the building wall
area shall be determined by adding the wall area of each building wall
that faces a public street and dividing by the number of public streets
the building faces.
(e) CRD, Campus Research and Development Districts. All signs in the CRD, Campus
Research and Development districts are subject to the following requirements:
(1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of
31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed
for each facility. However, if the facility is large or consists of several
buildings, additional signs may be allowed with a conditional use permit.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The gross surface area of a wall sign must not exceed one (1) square
foot for each foot of building, parallel or substantially parallel to the
front lot line.
ii. It must not project higher than the parapet or eave line of the wall to
which the sign if affixed.
(3) Freestanding signs. Freestanding signs shall meet the following requirements:
i. The gross surface area of any side of a freestanding sign must not exceed
120 square feet.
ii. It must be set back fifteen (15) feet from the front or side property line.
iii. Along State Highway 36, freestanding signs must not project higher
than twenty-five (25) feet. In all other locations, a freestanding sign may
not project higher than twenty (20) feet. Signs shall be measured from
base of the sign or grade of the nearest adjacent roadway, whichever
height is less.
Subd. 10. Directory Signs. Directory signs are used to guide pedestrians to individual
businesses within a multitenant commercial area and are permitted in BP, PA and CRD districts.
The sign area used in directory signs shall not be calculated against the total allowable sign area.
Directory signs in the permitted zoning districts shall meet the following requirements:
19
(a) It must be placed on the site of the development and may be erected only in internal
pedestrian access areas and not in vehicle access areas.
(b) It must have a maximum area of one (1) square foot for each business listed on the
sign and four (4) square feet for the name of the building or complex.
(c) It may be freestanding but must not exceed six and one-half (6 ½) feet in height.
(d) It must only be used for directions and identification.
Subd. 11. Electronic Message Centers. Except as provided in (h), an electronic message center
is allowed if it meets all of the following requirements:
(a) Located only on property zoned PA, PROS or BP-C as specified below:
(1) In the BP-C Zoning District an electronic message center must only be
located along State Highway 36 in the following corridor of properties listed
below and depicted on Map 1:
i. Properties abutting 60th Street North between South Greeley Street and
South Holcombe Street; and
ii. Properties abutting West Frontage Road between South Greeley Street
and Market Drive; and
iii. Property at 2001-2011 Washington Avenue; and
iv. Properties abutting Market Drive between West Frontage Road and
Curve Crest Boulevard.
(2) In the PROS Zoning District an electronic message center is permitted, but
only if it is located on a property with a recreation center or a multiple use
park building.
(3) In the PA Zoning District an electronic message center is permitted if there
is no direct line of sight from a residentially zoned property in Stillwater to
the display area of the electronic message center. If there is a direct line of
sight, then any message center must be a non-electronic message center not
an electronic message center.
20
MAP 1
Properties where Electronic Message Centers are allowed are shown in dark gray
(b) Only one (1) electronic message center per property. A “property” for purposes of
this section is one lot, or a single building that spreads over several lots, or a campus
or integrated cluster of buildings that is owned or managed as a single entity, complex
or development.
(c) Must be integrated within a freestanding sign and shall not exceed fifty (50) percent
of the freestanding sign’s total allowable area.
(d) The copy of an electronic message center shall not change more than once every
twenty (20) seconds.
(e) Includes functional automatic dimming capabilities that adjusts the brightness to
ambient light at all times of the day and night; or the illumination does not exceed
0.3 footcandles over ambient lighting conditions when measured seventy-one (71)
feet from the sign.
(f) No off-premises electronic message centers are allowed.
(g) All other applicable sign regulations found in Section 31-509 are met.
21
(h) Institutional signs may include an electronic message center if they comply with this
Subd 11, the zoning district in Table 1 and the performance standards in Subd. 13. If
not, then the institutional sign shall only include a non-electronic message center.
Subd. 12. Non-Conforming Signs. It is recognized that signs exist within the zoning districts
which were lawful before this sign ordinance was enacted, which would be prohibited, regulated
or restricted under the terms of this ordinance or future amendments. It is the intent of this sign
ordinance that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used
as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the
intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of
this sign ordinance, or amendments thereto, to continue as legal nonconforming signs provided
such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or
removed subject to the following provisions:
(a) No sign shall be enlarged or altered in a way which increases its nonconformity.
(b) Should such sign or sign structure be destroyed by any means to an extent greater
than fifty (50) percent of its replacement cost and no building permit has been applied
for within one hundred and eighty (180) days of when the property was damaged, it
shall not be reconstructed except in conformity with the provisions of this ordinance.
(c) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
Subd. 13. Institutional Signs. An institutional sign may be either wall mounted or freestanding.
The maximum size of the sign, including any electronic or non-electronic message area, is 32
square feet and is subject to the following:
(a) In residential zoning districts only non-electronic message centers are allowed as part
of an institutional sign. Electronic message centers are not allowed in residential
zoning districts.
(b) In the PA and PROS Zoning Districts a non-electronic message center is allowed as
part of an institutional sign. If the standards in Subd. 11 (a) (2) or (3) are satisfied,
an electronic message center is allowed instead of the non-electronic message center.
Subd. 14. Violations.
(a) All signs for which a permit is required shall be subject to inspection by the
community development director or designee.
(b) The city may require the removal or repair, at the owner’s expense, of any sign if the
requirements of this ordinance are not met.
(c) Upon receipt of a notice of violation, the record owner of the property on which the
sign or sign structure is located shall take corrective action. If the property owner
22
fails to comply with the corrections outlined in the written notice, the city may initiate
any lawful action or proceeding to prevent, restrain, correct or abate the violation.
SECTION 4. ENACTMENT. Stillwater City Code Chapter 31-505, Subd. 3 relating to
Garage Sale Signage is hereby enacted:
Subd. 3. Garage Sale Signage. A temporary sign promoting a garage sale is permitted,
provided that:
(a) The sign does not exceed four (4) square feet.
(b) The sign is not more than three (3) feet in height.
(c) The sign is removed the same day when the sale closes for each day.
(d) The sign is permitted by the owner of the property on which the sign is placed.
(e) No more than two (2) garage sales per year are held by any address in any calendar
year with each sale lasting no longer than three (3) days.
(f) The sign may not be placed upon the right-of-way, parks or public property in a
manner that creates a nuisance to adjacent owners, creates a safety hazard or blocks
the view of entrances to streets or intersections.
SECTION 5. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The sign ordinance has been revised to add additional sign definitions to the general
definitions section of the zoning code, add provisions surrounding the use of
noncommercial speech, reorganize sections for clarity, move garage sales signs to the
residential section of the zoning code, provide consistency in terminology, add electronic
message center criteria and otherwise update the ordinance to ensure it is content neutral.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2020.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
PLANNING REPORT
TO: City Council CASE NO.: 2020-05
REPORT DATE: March 13, 2020
MEETING DATE: March 17, 2020
APPLICANT: City of Stillwater, Public Works Department
LANDOWNER: City of Stillwater
REQUEST: Consideration of an appeal of HPC 2020-03, a Design Permit for the
South Main Street retaining wall design
LOCATION: Adjacent to the South Main Street public stairway
DISTRICT: Stillwater Commercial Historic District
Downtown Design Review District
REPORT BY: Abbi Jo Wittman, City Planner
INTRODUCTION
In the summer of 2019 the
City’s Public Works
Department determined
sluffing was occurring near
the [South] Main Street stairs
in the Broadway Street right-
of-way and in a location
where the City has water and
storm sewer mains. It was
determined the storm sewer
main had been damaged and
was in need of replacement.
Upon completion of the
utility repairs, the City
installed an (approximately)
12’ tall, concrete redi-rock
gravity wall in this location to
help prevent future erosion on
this bluffside. The
Preconstruction Photograph (May, 2019) – Google Images
HPC Case No. 2020-05
Page 2
installation occurred without
a Design Permit, required of
public projects in the
Downtown Design Review
District, nor a Building
Permit.
On February 19, 2020 the
Heritage Preservation
Commission (HPC) reviewed
a Design Permit request for
the design of the retaining
wall; the HPC was asking to
determine an appropriate
color for the wall. At that
meeting, the HPC denied the
Design Permit request, citing
the wall was inconsistent
with the City Code standards
for design review as well as
City Council adopted design
guidelines for the design
review district. The Public
Works Department has
appealed the HPC’s decision.
SPECIFIC REQUEST
The applicant is requesting a
Design Permit to for the
unpermitted concrete redi-
rock wall system and
determination of an
appropriate stain color.
ANALYSIS
The project site is located in
the Downtown Design
Review District, directly at
the southern edge of the
National Register-listed
Stillwater Commercial
Historic District,
questionably a part of the
Joseph Wolf Brewery
complex site, a contributing
building in the historic district.
HPC Case No. 2020-05
Page 3
City Code Section 31-209, Subd. (c)(2)xiv requires any projects where the applicant is a public
agency to obtain a Design Permit prior to beginning any work. The purpose of the design review
procedure is to maintain the character and integrity of neighborhoods and commercial districts
by promoting excellence of design and development, preventing traffic hazards, providing
adequate services and encouraging development in harmony with its neighborhood or planning
area. City Code indicates if the HPC, the designated design review committee, cannot find the
project meetings the standards of design review, secure the purpose of Zoning Code, the
comprehensive plan and the heritage preservation ordinance, the committee must deny the
application.
The City Code standards for review include:
• Site Layout: The orientation and location of buildings and open spaces in relation to the
physical characteristics of the site, the character of the neighborhood and the appearance and
harmony of the buildings with adjacent development.
• Architectural Character: The compatibility of the character of the design with adjacent
development.
• Landscaping: The location, height and material of walls, fences, hedges, trees and screen
plantings to ensure harmony with adjacent development or to conceal areas, utility
installations or other unsightly development.
• Historical structures, vistas, sites and the impact of development on these resources.
• Special design guidelines for areas or districts of the city officially adopted by the city
council.
Applicable Downtown Design Review District Guidelines include:
• Landscape Guideline: If walls are used, their material should be compatible with the walls of
existing adjacent buildings.
• Building Materials: Compatibility with similar exterior construction materials in the
immediate area is recommended in order to maintain the distinct character and harmony of
the area.
POSSIBLE ACTIONS
The City Council has the following options:
A. Approve the requested Variances and Design Permit amendment with or without
conditions.
B. Deny the requested Variances and Design Permit amendment, directing staff to bring
back a Resolution at the next regularly-scheduled meeting.
C. Table the request for additional information.
FINDINGS AND RECOMMENDATION
HPC Case No. 2020-05
Page 4
Planning staff understands the installation of a retaining wall was necessary in this location and
that the work was performed due to emergency repairs. We further understand the difficulty of
working with a variety of competing factors to ensure public health, safety and welfare are met
while working within constrained budgets. However, the community and its HPC expect high
quality design projects to ensure new development does not stand out against nor detract from
the community’s historic fabric.
The wall is atypical of any wall along Main Street. While concrete has been used for other
public improvements in the area, the combination of the material with the size of the block sticks
out between the two historic limestone walls. This uncharacteristic design sticks out at this
prominent entrance to downtown and the City’s only designed historic district. Requesting a
wall design that is more characteristic of the historic limestone walls flanking it would be a given
for any other property in the downtown area.
The wall’s design does not conform to City Code standards nor is it in keeping with the spirit and
intent of the Downtown Design Review District guidelines. It detracts from the historic
character of the Stillwater Commercial Historic District and the historic Joseph Wolf Brewery
complex. It is because of these reasons, Planning staff recommends the City Council deny the
Design Permit appeal and direct the appropriate staff to work with the HPC on acceptable wall
alterations or a new design that conforms to City Code standards.
Attachments: Site Location Map
Draft February 19, 2020 HPC Minutes
Draft HPC Resolution 2020-01
SECOND
STREET
SOUTHSOUTH
N E L S O N S T R E E T
MAIN STREETS
OUTH
BROADWAY
STREET423
437
402
207
204
425
305
324
322
428
430
438
301
435
413
445
441
437
419
110
317
507
321
502
401
236
103
525
243
302
308
232
310
509
312
239
µ
0 140 28070Feet
General Site Location
Site Location
South end of Main Streetadjacent to the South Main Street Public Stairway
^
Heritage Preservation Commission Meeting February 19, 2020
Page 5 of 11
out. He suggested a material in a painted finish, which, if it is painted a dark color, would recede and not be as noticeable as shiny galvanized metal. Mr. Moslemi said his intention is to be as green as possible. He would still like to use pressure treated wood for the deck but he is open to using a different kind of material underneath, as long as it is metal so it will stand up to plowing and snow. He would like to use rehabilitated corrugated steel so it would not be as shiny. Chairwoman Mino commented she likes the idea of it receding a bit as far as color. Mr. Moslemi said he prefers vertical lines as opposed to horizontal lines. Regarding the railing, he doesn’t know if the type of mesh he is proposing works with metal. He knows that according to City Code, a rail is not required but he would like to install one for safety. Commissioner Larson acknowledged the railing in front of Stillwater Lofts is an example. Spacing could be a lot different but a simple thin post and rail fades away and you see the building behind it. Any kind of simple railing will follow the spirit of the block like the Lora Hotel. Mr. Moslemi said he would be comfortable with that. Commissioner Finwall commented the mesh look is fairly modern. Ms. Wittman said the Commission’s preference seems to be a minimal black steel railing on the deck and a darker metal skirt in vertical or horizontal lines. Mr. Moslemi said he is open to matching how the Crosby did their decks. Commissioner Larson said he appreciates the applicant’s desire to be environmentally conscious. There is a wood decking that is not pressure treated called thermally modified wood. It doesn’t have the green cast of treated wood and it weathers wonderfully. Motion by Commissioner Larson, seconded by Commissioner Steinwall, to approve Case No. 2020-04, Design Permit to add a deck to an existing outdoor patio on the property located at 218 Main Street North, with the four conditions recommended by staff, adding Condition #5, stating: “Minimal black steel railing shall be installed on the deck” and adding Condition #6, stating: “Darker metal skirt in vertical or horizontal line shall be installed.” Motion passed, 7-0.
Case No. 2020-03: Consideration of a Design Permit for a new retaining wall near the Main Street stairs. City of Stillwater applicant. Ms. Wittman explained the case. In the summer of 2019 the City’s Public Works Department determined that sluffing was occurring near the Main Street stairs in the Broadway Street right-of-way, in a location where the City has water and storm sewer mains. It was determined the storm sewer main had been damaged and was in need of replacement. Upon completion of the utility repairs, the City installed an approximately 12’ tall, concrete redi-rock gravity wall to help prevent future erosion of the bluff. The applicant is requesting a Design Permit for the unpermitted concrete redi-rock wall system and requesting the HPC determine the appropriate stain color. The wall is uncharacteristic of any wall along Main Street. While concrete has been used for other public improvements in the area, the combination of the material with the size of the block sticks out in this area. The wall’s design is not in keeping with the spirit and intent of the Downtown Design Review District guidelines and detracts from the historic character of the Stillwater Commercial Historic District. Therefore staff recommends denial of the request. However, staff recommends the Commission indicate if they have a color preference for the wall, in the event the decision is appealed and the project is approved by the City Council. Chairwoman Mino asked if any comments have been received from surrounding businesses.
Heritage Preservation Commission Meeting February 19, 2020
Page 6 of 6
Ms. Wittman replied she has gotten comments from Hotel Lora whose management is very disappointed with the wall especially since their hotel had to go through several approvals. Commissioner Larson said he wants to go on record saying he agrees with Ms. Wittman and her recommendation. He was very disappointed also. The wall is an eye catching eyesore. If the HPC were to pick ground zero of the most sensitive, historically important place in Stillwater, it would have to be in a block around this area coming in from the south, containing some of the oldest buildings downtown and this is in the middle of it. If this had been proposed, it probably would not have been accepted almost any place in downtown Stillwater. This is in such a prominent place it’s a no brainer that this is not acceptable. What would be acceptable would be a stone wall that is in character with the stone on either side. Worth pointing out is those are small stones, very small on the right and a little larger on the left. What belongs there is something that is similar in character to what is on either side. Chairwoman Mino said she agreed. She has not seen anything downtown that looks as bad as this does. It really does not reflect the character of historic Stillwater. Commissioner Thueson agreed this is an important location on the way into town. Commissioner Walls reiterated that coming in on the highway, this is a focal point. It stands out. Commissioner Steinwall agreed it’s a prominent location and a prominent site. She hopes the Council takes into account the opinions of the neighboring property owner, Hotel Lora, who went out of their way to do a historically sensitive reconstruction. This addition is not in keeping with the spirit of what the HPC has been trying to achieve downtown. Commissioner Thueson added it’s important that the City follow the same expectations of any other applicant. Commissioner Steinwall agreed when the City is the applicant, the City should follow the same rules as any other applicant. Commissioner Larson stated there is no excuse for the City to do something like this when they have a City Planner they can ask. The HPC has had discussions about applicants seemingly asking for forgiveness rather than permission. City should have to follow the same rules. If the HPC denial gets appealed to the City Council, he would like to be notified and would suggest as many Commissioners as possible attend the meeting. Commissioner Steinwall said the Commissioners don’t always know what the schedule is. She would specifically request that the HPC be notified if it’s appealed and when the appeal would be heard. Ms. Wittman said she assumes it will be appealed. The hearing would have to be held within 45 days of the date the appeal is accepted. March 17 would be the next available City Council meeting for an appeal. She will notify the HPC via email. Commissioner Larson asked, who will decide whether to appeal it? Ms. Wittman said she is not sure who makes that decision. She will go to the Public Works Department tomorrow and say the HPC denied this, if it were any other applicant it would be brought to Council if the applicant wanted to appeal. She thinks the staff who were involved in the project are very favorable to their wall. Commissioner Finwall said she also supports denial. She doesn’t see any way to change the wall to make it blend in unless there were vines planted to cover it up completely. She does not know any way it could be made to look historically significant. She asked if it could be covered with a different material.
Heritage Preservation Commission Meeting February 19, 2020
Page 7 of 11
Ms. Wittman said she doesn’t know. The wall was very expensive due to the gravity design and the stacked block system. She does not think the applicant wants to do anything with their wall but they are very curious, if they were going to paint it, what color would the HPC want it painted? Commissioner Walls remarked it would be a great opportunity for another design permit. Commissioners Steinwall and Finwall asked, why isn’t the applicant here at this meeting to explain themselves? Chairwoman Mino remarked that City staff should know something like this would have to come to the HPC instead of just putting it up. Ms. Wittman answered that she knows these things and she believes the parties responsible for this know these things as well. She thinks the City Council probably knows these things. She encouraged all of the Commissioners to write a letter to the Mayor/Council and express their concerns to the Public Works Department. She can only represent the HPC. The Commissioners need to say these things and they will definitely be in the record. Commissioner Larson said he thinks writing a letter to the Council is the right thing to do. If the wall remained, it would be a monument to what he would call arrogance on behalf of the City. This might have been an error and not arrogance but he can’t understand how it could be otherwise. It’s the idea that the City can do something that other people can’t that bothers him. If it was an honest mistake, he would like to hear that and the folks involved should explain that. The two historic stone walls are now in the background because this thing is thrust forward. In theory, real stone could be put over this but it would narrow the sidewalk even more and there would still be a big box sticking out. He knows of a thin stone veneer that is 1.5-2” that could be applied over this. He would expect the HPC would need to see proposals if that option is considered. Commissioner Finwall remarked, a retaining wall of this height would require a building permit - then wouldn’t the Planning Department review it? Ms. Wittman responded they didn’t submit their building permit until after construction occurred. Commissioner Walls commented that’s a lot of expensive stone to just throw up with no regard for the rules. It’s disappointing. Commissioner Steinwall asked, why does it stick out so far? Ms. Wittman replied partly to get the retention in place but there are utilities back there. Below grade there is a 6’ wide footer to accommodate the stacked system. Commissioner Walls pointed out it’s a flat square wall in between two rounded pieces of stone. It almost looks like it should be a water feature with water dripping down over it. Commissioner Thueson asked if the buildings to the south are owned by the City. Ms. Wittman replied the physical infrastructure is part of the Hotel Lora complex. They just access off MnDOT and public right of way. The Hotel Lora owns the structure immediately to the south of the new wall. She stated the staff recommendation is denial and a letter to the Council. Motion by Commissioner Larson, seconded by Chairwoman Mino, to deny Case No. 2020-03, Design Permit Design Permit for a new retaining wall near the Main Street stairs. Commissioner Finwall suggested that the Commission could table it and make the applicant come talk about what they did and come up with some solutions to fix it. This might be one way of handling it rather than knowing they are just going to appeal the denial to the Council.
Heritage Preservation Commission Meeting February 19, 2020
Page 8 of 6
Commissioner Larson responded if the case is tabled, it should be tabled for a specific reason such as needing additional information. The HPC is looking for a solution. Is tabling it the best way to do that, or denying it? Commissioner Steinwall argued against tabling it because it’s just another 60 days of a nonconforming structure. Commissioner Larson agreed, the Commission should deny it but convey an openness to possible solutions. Commissioner Finwall said it is her fear that it will just go directly to the Council and the budgetary consideration will be primary. It would be good to hear the people who designed it answer questions and help come up with a solution. Commissioner Larson said he is in favor of working together for a solution but he does not know how to get to that point. Ms. Wittman said there are probably two options - deny the application and follow up with a letter to the Department Head and/or Council. Or table it and ask for specific staff to come to an HPC meeting to discuss it. She thinks the applicant will say the wall is there, this is what is being proposed. She is not sure what the best strategy is. Commissioner Larson said in the letter, the HPC should express they would like to work with the City toward finding a solution. Commissioner Finwall pointed out if the HPC denies it, that precludes coming up with a solution. Commissioner Steinwall commented she can only assume that the applicant or proposer of this wall, had they been interested, would have been here tonight. Commissioner Finwall agreed that the Department Head responsible for installation should have been here tonight. If the application is tabled, then they could come before the HPC at a later time. Commissioner Steinwall said she thinks that person is well aware of the issue and chose not to be here tonight. Ms. Wittman acknowledged she can see where Commissioner Finwall is going with this. She wrote a staff report that denies an after-the-fact application from the organization she works for, knowing it would likely get appealed in front of the City Council who would more than likely say, because they have a lot of other things they have to weigh out, yes the wall is in, what color would you like it to be? So she thinks that the potential for tabling it and requesting the Department Head to be here is definitely an approach, it just may prolong the situation. She has discussed this with her colleagues in other departments. Chairwoman Mino expressed concern that if the HPC tables it, it is not a strong enough message that this is completely unacceptable. Commissioner Finwall said she will support whatever the Commission decides. It seems to her that if the HPC denies it, it’s going to go to the Council and the wall is going to be there forever, but if the HPC tables it, there might be some changes, based on her experience as a planner. Commissioner Larson what Commissioner Finwall is saying is possible but there’s no guarantee it wouldn’t go before the Council. Another possibility is it could be tabled and the HPC could be in this same position a month from now. He wants to work towards a solution but wants to make it clear that the HPC doesn’t find the wall acceptable. Ms. Wittman said she certainly can convey that. She can ask the department staff to watch this meeting video and convey that the HPC is requesting that they be here. If that doesn’t occur, she can
RESOLUTION NO. HPC 2020-01
CITY OF STILLWATER
HERITAGE PRESERVATION COMMISSION
RESOLUTION ADOPTING WRITTEN STATEMENT OF REASONS FOR DENIAL
PURSUANT TO MINNESOTA STATUTES, § 15.99, SUBD. 2, FOR A DESIGN
PERMIT APPLICATION FOR A RETAINING WALL ADJACENT TO THE SOUTH
MAIN STREET PUBLIC STAIRWAY
HPC CASE NO. 2020-03
WHEREAS, the City of Stillwater received a Design Permit application from the
City of Stillwater’s Public Works/Engineering Department for work completed adjacent to
the South Main Street public stairway, in the National Register-listed Stillwater Commercial
Historic District; and
WHEREAS, the application requested the Heritage Preservation Commission’s
approval of the design of an unpermitted concrete redi-rock wall system and for the
Commission to determine the appropriate wall stain color; and
WHEREAS, the Heritage Preservation Commission reviewed and considered the
request based on the related documents shown in the application at their regular meeting on
February 19, 2020; and
WHEREAS, at the February 19, 2020, Heritage Preservation Commission meeting, a
motion was made by Commissioner Larson and seconded by Chairwoman Mino to deny the
application. The Commission voted 7 in favor, with none opposing, and the motion passed;
and
WHEREAS, the Minnesota Statutes, § 15.99, Subd. 2(c), provides that “[i]f a
multimember governing body denies a request, it must state the reasons for denial on the
record and provide the applicant in writing a statement of the reasons for the denial. If the
written statement is not adopted at the same time as the denial, it must be adopted at the next
meeting following the denial of the request but before the expiration of the time allowed for
making a decision under this section. The written statement must be consistent with the
reasons stated in the record at the time of the denial. The written statement must be provided
to the applicant upon adoption.”
NOW THEREFORE BE IT RESOLVED that the Heritage Preservation
Commission of the City of Stillwater hereby adopts the following written statement of the
reasons for denial stated on the record at the February 19, 2020, regular Heritage Preservation
Commission meeting by Commissioners voting to deny the requested Design Permit
amendment:
1. The requested Design Permit was not consistent with all the standards for
granting a Design Permit as described in Section 31-209, Subdivision f, (1)
through (8) of the Stillwater Zoning Ordinance. More specifically, the Heritage
Preservation Commission members voting against the requested Design Permit
stated on the record at the February 19, 2020, regular Heritage Preservation
Commission meetings that the request was not justified for the following reasons:
a. The Heritage Preservation Commission reviews and approves Design Permits
for consistent, uniform, fair, and attractive development in and near the
Stillwater Commercial Historic District.
b. This location is a historically important place in Stillwater, right at the
entrance to the historic district, containing some of the oldest buildings
downtown. The location of the wall in combination with the chosen design
negatively impacts the historical structures, vistas, and sties within the
vicinity.
c. The wall’s design is not in keeping with the spirit and intent of the Downtown
Design Review District guidelines and detracts from the historic character of
the Stillwater Commercial Historic District as:
i. Compatibility with similar exterior construction materials in the
immediate area is recommended in order to maintain the distinct
character and harmony of the area.
ii. The wall is uncharacteristic of any wall along Main Street.
iii. While concrete has been used for other public improvements in the
area, the combination of the material with the size of the block sticks
out in this area, flanked my stacked limestone on both sides.
iv. What would be acceptable would be a stone wall that is in character
with the stone on either side. Worth pointing out is those are small
stones, very small on the right and a little larger on the left. What
belongs there is something that is similar in character to what is on
either side.
Adopted by the Heritage Preservation Commission of the City of Stillwater this 18th day of
March, 2020.
____________________________
Amy Mino, Chair
Attest:
____________________________
Abbi Jo Wittman, City Planner
PLANNING DIVISION
TO: Mayor & Council Members
REPORT DATE: March 12, 2020
MEETING DATE: March 17, 2020
TOPIC: Contract for Chestnut Street Plaza design and construction
REPORT BY: Bill Turnblad, Community Development Director
REVIEWED BY: Shawn Sanders, Public Works Director
Kori Land, City Attorney
INTRODUCTION
In late February the City received ten design and construction administration proposals for the
Chestnut Street Plaza. A selection committee comprised of the City Administrator, Public
Works Director and Community Development Director scored the proposals and chose three
finalists for interviews. The interviews were held on March 4th and the committee selected
TKDA as the team to recommend for the project.
COMMENTS
Each of the finalists had strengths, but the TKDA team offered the best overall fit. In addition to
addressing the City’s design, public engagement and construction administration needs well,
they also submitted a “not to exceed” fee in the low end of the price range.
The total budget for the project including design and construction costs is $2 million. The
TKDA proposal was for a fee of $261,125.
RECOMMENDATION
Staff recommends selecting the TKDA team by adopting the attached resolution, which approves
the contract included with this memo.
Attachment: Resolution
Contract
bt
RESOLUTION 2020-
RESOLUTION APPROVING CONTRACT
WITH TKDA, INC
FOR PROFESSIONAL SERVICES
TO DESIGN AND ADMINISTER CONSTRUCTION OF
THE CHESTNUT STREET PLAZA
WHEREAS, on March 17, 2020 the City Council of the City of Stillwater approved
the selection of Toltz, King, Duvall, Anderson and Associates, Inc (TKDA) to assist the City
with the design and construction of the Chestnut Street Plaza; and
WHEREAS, TKDA has submitted a contract with Exhibits A, B and 2020 Hourly
Billing Rates, all dated March 17th, 2020, which fairly represent the scope of services as
requested by the City in its RFP dated January 17, 2020, as well as contractual terms and
conditions, and other details as found acceptable to both the City of Stillwater and TKDA.
NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby
approves the March 17, 2020 contract and attachments.
Adopted by the Stillwater City Council this 17th day of March, 2020.
_____________________________
Ted Kozlowski, Mayor
ATTEST:
__________________________
Beth Wolf, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
Between
CITY OF STILLWATER, MINNESOTA
and
TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED
THIS AGREEMENT is effective this 17th day of March, 2020, by and between CITY OF
STILLWATER, MINNESOTA, an incorporated city, hereinafter referred to as the CLIENT, and
TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED, a Minnesota
corporation with a main office at 444 Cedar Street, Suite 1500, St. Paul, Minnesota 55101,
hereinafter referred to as TKDA.
WITNESSETH:
That the CLIENT and TKDA, for the consideration hereinafter named, agree as follows:
ARTICLE 1. GENERAL DESCRIPTION OF PROJECT
The CLIENT agrees to and hereby does retain TKDA and TKDA agrees to perform
Professional Services for the project entitled: Chestnut Street Civic Plaza Project, hereinafter
referred to as the Project.
The Project and those services to be performed hereunder are more particularly described
in EXHIBIT A attached, a part hereof
ARTICLE 2. PERIOD OF SERVICE
Services shall commence on April 6, 2020 and be completed by August 1, 2022 in
accordance with the project schedule as outlined in EXHIBIT A.
ARTICLE 3. COMPENSATION TO TKDA
A. Compensation to TKDA for services provided as described shall be on an Hourly
Time and Materials basis in an amount not to exceed $261,125, per the Project Fee Estimate and
Hourly Rate Schedule attached as EXHIBITS B AND C.
B. The CLIENT shall make monthly payments to TKDA within 30 days of date of
invoice based on computations made in accordance with the above for services provided and
expenses incurred to date, accompanied by supporting evidence as required.
C. The CLIENT will pay the balance stated on the invoice unless CLIENT notifies
TKDA in writing of the particular item that is alleged to be incorrect within 15 days from the date
of invoice, in which case, only the disputed item will remain undue until resolved by the parties.
All accounts unpaid after 30 days from the date of original invoice shall be subject to a service
charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. In
addition, TKDA may after giving seven calendar days’ written notice to the CLIENT, suspend
services under this Agreement until TKDA has been paid in full for all amounts then due for
services, expenses and charges. CLIENT acknowledges that TKDA shall not be responsible for
any claim for consequential damages arising from suspension of services hereunder.
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ARTICLE 4. EXTRA WORK AND SERVICES NOT INCLUDED
If TKDA is of the opinion that any services it has been directed to perform are beyond the
scope of the Agreement, or that the level of effort required significantly exceeds that estimated
due to changed conditions and thereby constitutes extra work, TKDA shall promptly notify the
CLIENT of that fact. Additional services, additional compensation for same, and extension of time
for completion shall be covered by a supplemental agreement agreed to in writing by both parties
prior to proceeding with any additional services or related expenditures.
ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION
Either Party has the right to terminate this Agreement upon seven calendar days’ written
notice to the other Party at their addresses above.
The CLIENT may at any time reduce the scope of the Project. Such reduction in scope
shall be set forth in a written notice from the CLIENT to TKDA. In the event of unresolved dispute
over changes in scope or changed conditions, the Agreement may then be terminated.
In the event of reduction, TKDA shall be paid for the services performed and expenses
incurred on the Project thus reduced and for any completed and abandoned services for which
payment has not been made, computed in accordance with Article 3. Any reduction shall be
established by a supplemental agreement agreed to in writing by both parties.
In the event of termination of the Project all documents, finished or unfinished, prepared
by TKDA shall be made available by TKDA to the CLIENT pursuant to Article 6, and there shall
be no further obligation of the CLIENT to TKDA except for payment of amounts due and owing
for services performed and expenses incurred to the date and time of termination, computed in
accordance with Article 3.
ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA
At the time of completion or termination TKDA shall make available to the CLIENT, upon
request, all maps, tracings, reports, resource materials and other documents pertaining to the
Project. All such documents are not intended or represented to be suitable for reuse by the
CLIENT or others on extensions of the Project or to any other project. Any reuse without written
verification or adaptation by TKDA for the specific purpose intended will be at CLIENT’s sole risk
and without liability or legal exposure to TKDA. In this regard, the CLIENT will indemnify and hold
harmless TKDA from any and all suits or claims of third parties arising out of such reuse, which
is not specifically verified, adapted, or authorized by TKDA.
In the event electronic copies of documents are made available to the CLIENT pursuant
to the foregoing paragraph, the CLIENT acknowledges that the useful life of electronic media such
as DVDs or CD-roms may be limited because of deterioration of the media or obsolescence of
the computer hardware and/or software systems. Therefore, TKDA makes no representation that
such media will be fully usable beyond 30 days from date of delivery to CLIENT.
ARTICLE 7. DOCUMENTS FORMING THE CONTRACT
The contract documents shall be deemed to include this Agreement with all accompanying
exhibits a part hereof.
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ARTICLE 8. CLIENT’S RESPONSIBILITIES
A. To permit TKDA to perform the services required hereunder, the CLIENT shall
supply, in proper time and sequence, the following at no expense to TKDA:
1. Any items identified in EXHIBIT A as the CLIENT’s responsibility.
2. All necessary information regarding its requirements as necessary for
orderly progress of the Project.
3. Designate in writing a person to act as CLIENT’s representative with
respect to the services to be rendered. Such person shall have authority to transmit
instructions, receive instructions, receive information, interpret and define CLIENT’s
policies with respect to TKDA’s services.
4. Furnish, as required for performance of TKDA’s services data prepared by
or services of others, including without limitation, core borings, probings and subsurface
explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of
samples, materials and equipment; appropriate professional interpretations of all of the
foregoing; environmental assessment and impact statements; property, boundary,
easement, right-of-way, topographic and utility surveys; property descriptions; zoning,
deed and other land use restriction; and other special data.
5. Provide access to, and make all provisions for TKDA to enter upon public
or private property as required to perform services.
6. Act as liaison with other agencies to carry out necessary coordination and
negotiations; furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others as may be
necessary for completion of the Project.
7. Examine all reports, sketches, drawings, specifications and other
documents prepared and presented by TKDA, obtain advice of an attorney, insurance
counselor or others as CLIENT deems necessary for such examination and render in
writing, decisions pertaining thereto within a reasonable time so as not to delay the
services of TKDA.
8. Give prompt written notice to TKDA whenever CLIENT observes or
otherwise becomes aware of any development that affects the scope or timing of TKDA’s
services or any defect in the work of construction contractor(s), consultants or TKDA.
9. Provide record drawings and specifications for all existing physical plants
or facilities which are pertinent to the Project.
10. Initiate action, where appropriate, to identify and investigate the nature and
extent of asbestos and/or pollution in each Project and to abate and/or remove the same
as may be required by federal, state or local statute, ordinance, code, rule, or regulation
now existing or hereinafter enacted or amended. For purposes of this Agreement,
“pollution” and “pollutant” shall mean any solid, liquid, gaseous or thermal irritant or
contaminant, including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic
waste. Hazardous or toxic waste means any substance, waste, pollutant or contaminant
now or hereafter included within such terms under any federal, state or local statute,
A-4
ordinance, code, rule or regulation now existing or hereinafter enacted or amended.
Waste further includes materials to be recycled, reconditioned or reclaimed.
If TKDA encounters, or reasonably suspects that it has encountered, asbestos or
pollution in a Project, TKDA shall cease activity on the Project and promptly notify the
CLIENT who shall proceed as set forth above. The services to be provided by TKDA do
not include identification of asbestos or pollution and TKDA has no duty to identify or
attempt to identify the same within the area of the Project.
11. Provide such accounting, independent cost estimating and insurance
counseling services as may be required for the Project, such legal services as CLIENT
may require or TKDA may reasonably request with regard to legal issues pertaining to the
Project including any that may be raised by contractor(s), such auditing service as CLIENT
may require to ascertain how or for what purpose any contractor has used the moneys
paid under a construction contract, and such inspection services as CLIENT may require
to ascertain that contractor(s) are complying with any law, rule, regulation, ordinance, code
or order applicable to their furnishing and performing their work.
B. TKDA shall be entitled to rely on the accuracy and completeness of information
furnished by the CLIENT. If TKDA finds that any information furnished by the CLIENT is in error
or is inadequate for its purpose, TKDA shall promptly notify the CLIENT.
ARTICLE 9. OPINIONS OF COST
Opinions of probable project cost, construction cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian considerations of operations and
maintenance costs prepared by TKDA will be made on the basis of TKDA’s experience and
qualifications and represent TKDA’s best judgment as an experienced and qualified design
professional. It is recognized, however, that TKDA does not have control over the cost of labor,
material, equipment or services furnished by others or over market conditions or contractors’
methods of determining their prices, and that any evaluation of any facility to be constructed, or
acquired, or work to be performed on the basis of TKDA’s cost opinions, must of necessity, be
speculative until completion of construction or acquisition. Accordingly, TKDA does not guarantee
that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies
submitted by TKDA to CLIENT.
ARTICLE 10. CONSTRUCTION PHASE SERVICES
CLIENT acknowledges that it is customary for the consultant architect or engineer who is
responsible for the preparation and furnishing of drawings and specifications and other
construction-related documents to be employed to provide professional services during the
bidding and construction phases of a project, (1) to interpret and clarify the documentation so
furnished and to modify the same as circumstances revealed during bidding and construction may
dictate, (2) in connection with acceptance of substitute or or-equal items of materials and
equipment proposed by bidders and contractor(s), (3) in connection with approval of shop
drawings and sample submittals, and (4) as a result of and in response to TKDA’s detecting in
advance of performance of affected work inconsistencies or irregularities in such documentation.
CLIENT agrees that if TKDA is not employed to provide such professional services during the
bidding (if the work is put out for bids) and the construction phases of a project, TKDA will not be
responsible for, and CLIENT shall indemnify and hold TKDA (and TKDA’s professional associates
and consultants) harmless from, all claims, damages, losses and expenses including attorneys’
fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop
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drawing or sample approval or modification of such documentation issued or carried out by
CLIENT or others. Nothing contained in this Article shall be construed to release TKDA (or
TKDA’s professional associates or consultants) from liability for failure to perform in accordance
with professional standards any duty or responsibility which TKDA has undertaken or assumed
under this Agreement.
ARTICLE 11. INDEMNIFICATION
TKDA shall indemnify and hold harmless CLIENT and its officers, agents and employees
for all liability from suits, actions or claims of any character brought for or on account of any injuries
or damages received by any person or property, including CLIENT, resulting from or arising out
of a negligent error, act, or omission of TKDA or any persons for whom TKDA is legally liable, in
carrying out the terms of this Agreement.
CLIENT shall indemnify and hold harmless TKDA and its officers, agents and employees
for all liability from suits, actions or claims of any character brought for or on account of any injuries
or damages received by any person or property, including TKDA, resulting from or arising out of
a negligent error, act, or omission of CLIENT or any persons for whom CLIENT is legally liable,
in carrying out the terms of this Agreement.
It is mutually understood and agreed that the assumption of liabilities and indemnification
provided for in this Agreement shall survive any termination of this Agreement.
ARTICLE 12. INSURANCE
TKDA shall procure and maintain insurance for protection from claims against it under
worker’s compensation acts (statutory limits), claims for damages because of bodily injury
including personal injury, sickness or disease or death of any and all employees or of any person
other than such employees, and from claims against it for damages because of injury to or
destruction of property including loss of use resulting therefrom.
Subject to the provisions of Article 13, TKDA shall also procure and maintain professional
and commercial general liability insurance, and auto and excess insurance, for all damages
arising out of the performance of services caused by a negligent error, omission or act for which
TKDA is legally liable. The commercial general liability insurance policy shall provide coverage
for incidents occurring within 50 feet of railroad tracks.
Certificates of insurance will be provided to the CLIENT upon request.
ARTICLE 13. ASBESTOS/POLLUTION INDEMNIFICATION
TKDA hereby states, and the CLIENT acknowledges, that TKDA has no professional
liability (errors and omissions) or other insurance, and is unable to reasonably obtain such
insurance, for claims arising out of the performance or failure to perform professional services,
including, but not limited to, the preparation of reports, designs, drawings, and specifications,
related to the investigation, detection, abatement, replacement, modification, removal or dispersal
of (1) pollutants or of (2) products, materials, or processes containing asbestos. Accordingly, the
CLIENT hereby agrees to bring no claim for negligence, breach of contract, indemnity or other
claim or cause of action against TKDA, its principals, employees, agents and consultants if such
claim in any way arises out of the actual, alleged or threatened discharge, dispersal, release or
escape of pollutants, or the investigation of remedial work related to such pollutants or asbestos
in the Project. The CLIENT further agrees to indemnify and hold TKDA and its principals,
A-6
employees, agents, and consultants harmless from any such pollutant or asbestos related claim
that may be brought by third parties as a result of the services provided by TKDA pursuant to this
Agreement.
Notwithstanding the foregoing, the CLIENT shall not be prohibited from bringing suit
against TKDA for its alleged negligence, breach of contract, or other cause of action arising out
of its professional services rendered in connection with the design and construction of potable
water systems, storm water systems and sewerage systems, including those receiving industrial
waste pre-treated in accordance with EPA standards, nor is the CLIENT required to indemnify
and hold harmless TKDA for claims and suits brought against it by third parties arising out of such
professional services.
CLIENT further agrees that, in the event a court of competent jurisdiction determines that
the foregoing indemnification provision is unenforceable, TKDA’s total liability to CLIENT or third
parties for pollution or asbestos related claims arising out of the Project shall not exceed the total
compensation paid by CLIENT to TKDA for services rendered pursuant to this Agreement or
$25,000, whichever is less.
ARTICLE 14. INDEPENDENT CONTRACTOR
TKDA is an independent contractor. The manner in which the services are performed
shall be controlled by TKDA; however, the nature of the services and the results to be achieved
shall be specified by the CLIENT. TKDA is not to be deemed an employee or agent of the CLIENT
and has no authority to make any binding commitments or obligations on behalf of the CLIENT
except to the extent expressly provided herein. All services provided by TKDA pursuant to this
Agreement shall be provided by TKDA as an independent contractor and not as an employee of
the CLIENT for any purpose, including but not limited to: income tax withholding, workers’
compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for
employee benefits.
ARTICLE 15. ASSIGNMENT
This Agreement, being intended to secure the personal service of the individuals
employed by and through whom TKDA performs services hereunder, shall not be assigned, sublet
or transferred without the written consent of the CLIENT.
ARTICLE 16. NON-DISCRIMINATION
TKDA will comply with the provisions of applicable federal, state and local statutes,
ordinances and regulations pertaining to human rights and non-discrimination.
ARTICLE 17. CONTROLLING LAW
This Agreement shall be governed by the laws of the State of Minnesota.
ARTICLE 18. SEVERABILITY
Any provision or portion thereof in this Agreement which is held to be void or
unenforceable under any law shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding between CLIENT and TKDA.
A-7
ARTICLE 19. NOTICES
Any notice required to be given under this Agreement shall be provided in writing and sent
by US Mail to either party by the other at the addresses listed above.
ARTICLE 20. CONFIDENTIALITY
A. TKDA realizes that the CLIENT desires to keep various information about its
interests and activities confidential, including not only information about its production processes,
research and other internal activities, but also information about what goods and/or services the
CLIENT desires to purchase and the uses to which the CLIENT might put such goods and/or
services, and also information about those product lines or areas in which the CLIENT is
becoming active or might have any interest.
B. TKDA desires to deal with the CLIENT for the purpose of providing professional
services and in the course thereof, the CLIENT may furnish TKDA with certain of the above
information such as drawings, data sheets, process conditions, chemical formulations and
material specifications and TKDA may acquire other such information concerning the CLIENT,
possibly from conversations with the CLIENT’s personnel or from TKDA’s observation of the
CLIENT’s activities. TKDA understands that some or all of this information may be confidential.
Therefore, TKDA will use every reasonable effort to keep confidential any business dealings it
may have with the CLIENT and any information relating to the CLIENT’s products that TKDA
might acquire as a result of its dealings with the CLIENT. TKDA also agrees to use the CLIENT’s
information only for the benefit of the CLIENT.
C. It is understood in the course of fulfilling TKDA’s business commitments that TKDA
may have to communicate some of this information to various TKDA employees or
subconsultants, but in such a case, TKDA will inform them of the confidential nature of the
information and make them aware of their responsibility of keeping such information confidential,
and TKDA will use every reasonable effort to see that they do keep such information confidential.
D. However, any commitment as to confidential information shall not extend to:
information TKDA already possesses at the time of disclosure by the CLIENT; information which
is in or which comes into the public domain from a source other than TKDA; and information that
comes to TKDA from a third party source not under obligation to the CLIENT to maintain the
confidentiality thereof.
E. TKDA also understands that any drawings, data sheets, or other materials given
to it by the CLIENT remain the property of the CLIENT and must be returned to the CLIENT at
CLIENT’s request, at the end of any negotiation or the completion of TKDA’s services for the
CLIENT.
F. TKDA further agrees that no disclosure of information relating to any aspects of
services for the CLIENT shall be made to third parties without the CLIENT’s written consent.
A-8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written.
THE CITY OF STILLWATER, MINNESOTA TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
By By
DJ Heinle, AIA
Vice President, Architecture
Date Signed Date Signed
ATTACHMENT: EXHIBIT A: Detailed Work Plan
EXHIBIT B: Fee Estimate
EXHIBIT C: Rate Schedule
City of Stillwater • Chestnut Street Civic Plaza | 29
Detailed Work Plan
Predesign/Visioning
04.06.20 – 05.01.20, 4 weeks
This phase establishes goals and objectives for a successful project while
understanding site opportunities and constraints. Beyond that, we will work to
establish clear lines of communication to create a collaborative dialogue
between the City, community, stakeholders, and the design team.
»Lead a project kick-off meeting to develop goals, review schedule and
community engagement initiatives, understand work completed to
date, and discuss any concerns that may affect a project outcome.
»Gather existing documents and review previous studies and diagrams.
»Verify historical and Minnesota Department of Transportation (MnDOT)
implications, zoning, and environmental constraints.
»Develop graphics to guide visioning sessions with downtown
businesses, stakeholders, and the community.
»Conduct a work session with the Heritage Preservation Commission to
fully understand design implications of following the Downtown
Design Review District Guidelines.
»Conduct an internet survey to promote the project and gather data on
the community’s and stakeholder’s desires and vision for the plaza.
Schematic Design (SD)
05.04.20 – 07.01.20, 8 weeks
During Schematic Design, we will work to confirm the preferred concepts
program through detailed data collection from stakeholders. Once the
program is established, we will create schematic designs and renderings to
refine the site layout.
»Lead and participate in bi-weekly project design meetings.
»Conduct SD design half-day workshop.
»Develop design alternatives for City and community review.
»Meet with City staff prior to a Community Open House to review plans.
»Organize and present design alternatives at Community Open House.
»Meet with City staff to review feedback received from Community
Open House.
»Develop preferred concept design.
»Prepare a preliminary cost estimate for preferred design.
»Prepare presentation graphics of preferred design for presentation to
City Council (either June 2 or 16, 2020).
»Submittal of preferred design to SHPO and MnDOT for review.
Design Development (DD)
07.02.20 – 08.21.20, 8 weeks
Within Design Development, our team will add further detail to site layouts,
such as material palettes and site furniture selection to the preferred design
through interactive meetings with City staff and stakeholders.
»Conduct review meeting of preferred design and respond/improve
design based on feedback from City Council presentation.
»Lead and participate in bi-weekly design meetings.
»Update presentation plans and renderings to include materials for use
by the City of Stillwater.
»Submit Design Development (60%) drawings and outline specifications.
»Prepare and submit 60% cost estimate.
»Meet with City staff for 60% DD review.
Contract Documents (CD)
08.24.20 – 10.30.20, 8 weeks
Final drawings and specifications are produced for bidding and construction
during the Contract Document phase. We will continue to work with City staff,
analyzing potential bid packages as well as alternate bid items to maximize
construction dollars. The final product will meet all required approvals to
break ground and complete the plaza within the project timeframe.
»Finalize all design elements of the plaza.
»Lead and participate in bi-weekly design meetings.
»Prepare and submit 90% contract documents.
»Conduct 90% document review meeting and respond per comments.
»Submit full (100%) bid drawings and specifications no later than
November 2020.
EXHIBIT A
City of Stillwater • Chestnut Street Civic Plaza | 30
Bidding & Contract Negotiation
12.20 – 01.21, 8 weeks
Upon completion of the Contract Documents, drawings and specification are
advertised for bid. Additional time has been added to our schedule to account
for flexibility over holidays. We will work with the City to determine the most
optimum time for bidding. Our team will act as a resource to city staff and
responding contractors to allow for open and competitive bidding. We are
dedicated to our projects so accurate bid results are attained.
»Quest CDN upload of Contract Documents.
»Attend pre-bid meeting.
»Review contractor questions and provide written responses
through Addenda.
»Bid tabulation.
»Assist in the review of bids and assist city staff, as required.
»Provide Bid recommendation.
Construction Administration (CA)
07.20.21 – 09.30.21, 8 weeks
(Assumes work will begin after Lumberjack Days 2021)
During Construction Administration (CA), our team will remain a resource that
fairly interprets bid documents for all parties. This begins by creating a clear
communication path so the day-to-day work on an active construction site
remains highly functional. We wish to create a strong professional relationship
with the site superintendent and construction team project manager so
solution to issues are dealt with promptly and cost effectively.
»Attend pre-construction meeting.
»Participate in weekly construction meetings, (24 assumed).
»Construction surveying.
»Construction inspection (assumed eight weeks), with observation
reports issued to team.
»Review submittals, shop drawings, and product data.
»Review and respond to contractor Requests for Information (RFIs).
»Prepare proposal requests (PRs) and review change orders (COs).
»Perform final walk-through and generate punchlist of items to be
completed at closeout.
»Issue Certificate of Substantial Completion.
»Prepare record drawings based on contractor’s marked-up
as-built drawings.
Project Manager and Lead Designer Kathleen
Anglo conducting construction inspection for
the Wisconsin Point Dunes Restoration in
Superior, Wisconsin
EXHIBIT A
EXHIBIT B
Project Fee
Below is our Project Fee broken down by phase to align with the work plan and schedule
outlined within this proposal. If selected, our team is open to di scuss and adjust the final
fee and tasks to align with the City of Stillwater’s design budget. Within our fee are the
team and tasks we recommend to deliver a successful project.
Total Project Services
Survey $ 11,750
Geotechnical Services $ 5,000
Predesign $ 16,630
Schematic Design $ 44,845
Design Development $ 41,400
Contract Documents $ 68,250
Bidding $ 5,300
Construction Administration $ 63,600
Reimbursable Expenses $ 4,350
“Not to Exceed” Fee $261,125
Additional Services
If authorized in writing by Stillwater, we will furnish Additional Services of the types listed
below which are not considered basic services under this Proposal.
Additional Project Team Meeting with City Staff (assume 1 hour) - $400 each
Additional Community Open House or Outreach Session - $1,200 each
Services Not Included
The following are items not included in our proposal. TKDA will assist in providing upon
written approval from the City of Stillwater.
Fountain design and engineering
Relocation of signal light fixtures and bases
Signal Justification Reports
Design of parking lot reconfiguration
Permit, submittal, or other associated fees
Additional meetings and community outreach not outlined in the work plan
Classification Range of Hourly Billing Rates*
Senior Registered Engineer, Architect, Landscape Architect,112.00$ to 263.00$
Senior Scientist, Senior GIS Analyst or Senior Planner
Engineering, Architectural, Planning, or GIS Specialist II 101.00$ to 232.00$
Engineering, Architectural, Planning, or GIS Specialist I 73.00$ to 146.00$
Registered Engineer, Architect, Landscape Architect, Planner, GIS Analyst,78.00$ to 174.00$
Professional Land Surveyor, Scientist, or Certified Interior Designer
Graduate Engineer, Planner, Interior Designer, Scientist, GIS Analyst, or Land Surveyor 62.00$ to 118.00$
Architectural Designer or Landscape Architectural Designer 62.00$ to 98.00$
Technician III 62.00$ to 115.00$ **
Technician II 62.00$ to 87.00$ **
Technician I 42.00$ to 70.00$ **
*Rates effective until December 31, 2020.
**For hours worked over 40 hours per week individuals are billed at one and one-half times the above rates.
2020 SCHEDULE OF HOURLY BILLING RATES
In addition to hourly charges, TKDA shall be reimbursed for direct expenses when incurred in the performance of the work. Direct
expenses for travel and subsistence will be billed at or up to applicable IRS and US GSA published rates. Unless provided
otherwise in the master services agreement or a project agreement, TKDA shall be reimbursed for subconsultant fees with costs
defined at the amount billed to TKDA.
City of Oak Park Heights
14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574
February 28, 2020 RECEIVED
City of Stillwater -MUST BE A NON -ELECTED OFFICIAL
Tom McCarty MAR O 3 2020
216 N. 4th Street
Stillwater, MN 55082 City of Stillwater
Administration
RE: Invitation to Participate in City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel
Dear Tom McCarty:
Xcel Energy has announced that the Allen S. King Plant will close in 2028. At 179 acres with 4,000+ linear feet along the St.
Croix River, this is a premier property and the re-purposing of this property will have a profound impact on the City, the St. Croix
Valley and beyond. As the City of Oak Park Heights is the primary land-use authority, it has begun to study the issues and explore
ideas relating to how the Allen S. King Plant Site could be repurposed. Any decisions will of course have impacts well into the
21st Century.
To begin to explore and analyze some of these questions, the City has established the "City of Oak Park Heights Allen S. King
Plant Decommissioning and Reuse Advisory Panel." This Panel has been devised to facilitate and educational and visioning
process that will consider a broad spectrum of opportunities and constraints, including physical, environmental, economic, social,
scenic, recreational and more. This process will be moderated by a professional planning firm (ST ANTEC) and will also include
the preparation of very preliminary conceptual master plans that can visually demonstrate options for future concept discussions.
The City Council intends that the Panel should be representative of a broad spectrum of stakeholders, including local, regional,
state and federal interests. The objective is for all parties regardless of their affiliations to better understand the complexity of the
issues and the magnitude of the opportunities that are presented by this transformation and NOT to determine a final use. The
Panel is intended to help inform the City's actions at every step in the decommissioning process and to contribute to the creation
of a vision that is worthy of this opportunity.
Accordingly, the City invites your organization to appoint a single representative to serve on the City of Oak Park Heights
Allen S. King Decommissioning Advisory Panel. The Panel members will be asked to participate in approximately one
meeting per month for twelve months to gain information from various experts and interested voices.
Municipalities or other governmental entities are asked to appoint a non-elected person -such as a member from the planning
commission or other trusted community member. However, joint-powers type entities such as the local watershed may do so if
no alternatives are available. All nominated persons would be vetted by the City Council and are requested represent the general
views and issues of importance to their nominating organization and to communicate back to their respective group.
If your organization would like to participate in this process, we would ask that you complete the enclosed NOMINATION
FORM and return it to the City not later than April JOlh, 2020. The first meeting of the entire Advisory Panel is planned for May
2020, with a final date pending.
Should you have any questions please reach out to Eric Johnson, City Administrator at 651-439-4439.
Sincerely,
q~9J~~~~
Mayor Mary Mccomber Council Member Chuck Dougherty
~~
Council Member Mike Runk Council Member Mike Liljegren
~~
Council Member Carly Johnson
NOMINATION FORM
City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel.
Name of Organization:
Nominee of Organization:
Role of Nominee in Organization:
Number of years in such Role:
Contact Information of Nominee:
Address: -------------
Email: --------------
Phone: --------------
By submission of this FORM your organization is offering its support for the named individual to faithfully
represent the general goals and interests of such organization throughout such process.
Please review the attached City Policies related to the Allen S. King Plant Decommissioning and Reuse
Advisory Panel that will act as a general guide.
Please complete this NOMINATION FORM and return it to the City not later than April 10, 2020 to the
Attention of:
Eric Johnson, City Administrator
1-41-68-0ak Park Blvd N. ··
Oak Park Heights, MN 55082
OR to: eajohnson@cityofoakparkheights.com
Should you have any questions please reach out to Eric Johnson, City Administrator at 651-439-4439.
t
MUVr I LU L/ L.J/ LV
CITY OF OAK PARK HEIGHTS
POLICIES RELATING TO THE ALLENS. KING PLANT DECOMMISSIONING AND REUSE
ADVISORY PANEL -APPOINTMENTS AND ROLES
PURPOSE:
The City Council desires to appoint an Advisory Panel to inform and support the City Council's decision making
regarding the future of the Allen S. King Plant. The following policy shall govern the formulation of this group,
describes its role and relationship with the Council and what the expectations are from participating members.
Invitation to Serve on the Advisory Panel:
The City desires participation from a number of parties generally known in the community with an apparent
stake or clear interest in such dialogue and which includes the organizations listed below.
These entities will be sent a Letter oflnvitation to participate in the City's process and such invitation shall be
signed by the Mayor and every Council member. Each group, or organization if they desire to participate shall
nominate a SINGLE representative, who is expected to be available to attend 10-12 monthly meetings. The
City's desire is that such person would generally relay the views of the organization they represent where
possible. All members so appointed shall be reviewed and approved by unanimous consent of the City Council.
1. City of OPH Planning Commission (1 member)
2. City of OPH Parks Commission (I member)
3. Xcel Energy
4. Washington County CDA
5. The St. Croix River Association
6. Watershed District -MSCWMO
7. Andersen Corporation
8. The City of Bayport -MUST BE A NON -ELECTED OFFICIAL
9. The City of Stillwater -MUST BE A NON -ELECTED OFFICIAL
10. Minnesota Department of Natural Resources
11 . Minnesota Department of Transportation
12. Greater Stillwater Area Chamber of Commerce
13. National Park Service
14. Greater Stillwater Area School District -MUST BE A NON -ELECTED OFFICIAL-(2 seats one must be a
HIGH SCHOOL STUDENT expected to be able to serve through the term of the discussions)
15. Coalition of Utility Cities
16. Sierra Club
17. Center for Environmental Advocacy
18. Union Pacific Railroad
19. Real Estate Group -TBD (such as the SPAAR ... hllps://spaar .co m/) St. Paul Area Association of Realtors
20. Three (3) At-Large Members (may be either City residents, or business owners) may be invited to serve on the
Panel. Interested individuals shall submit a letter and application to the Council explaining their role in the
community and interest in serving on the Advisory Panel. Depending on the level of interest, the Council may
choose to decrease or increase the number of at-large members.
Locally Elected Officials are precluded from serving on this Panel where they directly represent a given city,
school district, county's interest. In the case of these public organizations the appointment of staff, volunteers,
or other appointed officials to their respective bodies is requested. For example: The City of Stillwater may
appoint their Planning Commission Chair who is a non-elected person but is appointed by the City Council.
In circumstances where there is a "joint-powers" organization such as the MSCWMO or WCCDA, appointment
of Staff or Non-elected officials is preferred. However, this may result on overtime expenses or budgetary
constraints that may preclude participation. If such staff or other volunteer is not available and if such JP A board
members are elected individuals and are available, the City Council may evaluate these on a case-by-case basis
so as to ascertain their underlying entity and relationships. Any person so appointed would be expected to clearly
represent the joint-powers entity, not their primary jurisdiction.
Appointment of Co-Chairs:
The City Cowicil also desires the appointment of CO-CHAIRs positions so as to better ensure continuity of the
process in the event one person cannot attend. The role of the "co-chair" is to ensure the meetings move forward
and to facilitate the discussion and presentations and in allotted time. In all respects, the CO-CHAIR position
acts only as manager to ensure the process remains vital and fluid and not to advocate for any given position.
The Mayor or a Council Member may nominate and the Council shall appoint up to two co-chairs, any such
appointment shall be by unanimous vote of the City Council. If no chair(s) can be determined, the Panel shall be
managed by City Staff or City Consultant until such time as a CO CHAIR can be found. A CO-CHAIR may be
removed from the Panel by simple majority of the Council. The appointed CO-Chair individuals may or may
not be otherwise listed in the invited participation listing stated above, if not listed they shall become full
members of the Panel once appointed.
Further Expectations of the Advisory Panel:
The meetings are generally anticipated to be a method by which Panel Member can avail themselves of the best
available information regarding the many facets of regulations, challenges and opportunities related to this site.
Fundamentally, few -if any, decisions are expected to be made by the Panel itself. As the discovery process
unfolds, all members of the Advisory Panel are expected to follow a Code of Conduct that will be provided by
the City and which will outline rules of discussion and how any collective recommendations might be made. All
members serve at the pleasure of the City Council and the City Council may amend the number of participants
or which participants at any time at its sole discretion.
Guests & Public Visibility:
The City would expect to invite elected or appointed officials to attend the mt?etings -not as a panelist, but
instead offer them an opportunity to listen and gain more information as to what is being accomplished. These
guests would include: Metropolitan Council Sector 12 -Board Member Local legislators, MPCA, and other
governmental organization representatives. Guests will be welcomed at meetings and materials will be shared
with them, as supplies permit. Otherwise copies will be available for download from the City Website.
The general public is also welcome to view and listen to these meetings as space allows, but such meetings are
not PUBLIC HEARINGS and data presented and dialogue held is for the primary benefit and consumption of
the Panel Members.
City Council Role:
Oak Park Heights elected officials may not serve on the Advisory Panel as the work of the Advisory Panel
is intended to support the Council in its decision making regarding the future of this property. The Council
will be fully briefed by the Consultant, following every working meeting. The Council will have the opportunity
to either accept and embrace Panel recommendations, or direct course corrections, as needed. As it relates to
City Council general interface with City Consultants, these communications should be channeled through City
Staff similar to current City protocols.
MEMORANDUM
TO: Mayor and City Council
FROM: Shawn Sanders, Director of Public Works
DATE: March 13, 2020
RE: CSAH 5 Phase 2 Improvement Project
Project 2019-09
DISCUSSION
Bids for the CSAH 5 Phase 2 Improvement Project were opened on Tuesday, March 10, at
Washington County Public Works. The County received three bids with the low bid
submitted by Valley Paving in the amount of $2,870,005.96. This amount was 7% over the
engineer’s estimate of $2,678,100.50. In analyzing the bid items, the City’s estimated cost is
$414,804.09, which is about 7% lower than the feasibility estimate of $446,854.57.
Furthermore, the assessed cost project for the property owners on Owens Street is estimated
at about $117,418 which is $25,000 less than the feasibility estimate. This would result in
lowering of the assessment amounts for the property owners. Remaining costs of the project
would the paid for by the Water Board and the use State Aid Funds.
RECOMMENDATION
It is recommended that the City accept the bids submitted for the CSAH 5 Phase 2
Improvement Project.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion adopting the
Resolution 2020-____ ACCEPTING BID FOR THE CSAH 5 PHASE 2
IMPROVEMENT PROJECT (PROJECT 2019-09)
ACCEPTING BID FOR
CSAH 5 PHASE 2 IMPROVEMENT PROJECT
(Project 2019-09)
WHEREAS, pursuant to an advertisement for bids for the CSAH 5 Phase 2 Improvement
Project, bids were received, opened and tabulated according to law, by Washington County and the
following bids were received complying with the advertisement;
BIDDER BID AMOUNT
Valley Paving, Inc., Shakopee, MN $2,870,005.96
Park Construction Company, Minneapolis, MN $2,964,569.69
OMG Midwest Inc. dba Minnesota Paving & Materials $3,293,666.00
West Lakeland, MN
ENGINEER'S ESTIMATE $2,678,100.50
and
WHEREAS, it appears that Valley Paving, Inc. of Shakopee, MN is the lowest responsible
bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA, that the above bid is received and approved by the City of Stillwater
City Council and directs staff to inform Washington County of the same.
Adopted by the City Council this 17th day of March 2020.
____________________________________
Ted Kozlowski, Mayor
ATTEST:_________________________________
Beth Wolf, City Clerk
Date: March 12, 2020
TO: Mayor and Council
FROM: Tom McCarty, City Administrator
Beth Wolf, City Clerk
SUBJECT: Delinquent Tax Payment Plan with Special Assessments for Property at
601 Main Street North, Stillwater – Parcel ID# 28.030.20.11.0035
BACKGROUND:
Ms. Calissa Hall, representing the Board of Trustees for the Zephyr Theatre has been in
discussions with Washington County for a Delinquent Property Tax “Confession of
Judgement” Payment Plan for their property at 601 Main Street North, Stillwater (Zephyr
Theatre).
As authorized by Minnesota Statute § 279.37, the payment plan law allows owners of class
3a commercial/industrial property to enter into a payment plan for the payment of
delinquent property taxes with the approval of the county auditor. County policy provides
that if the market value of the property is over $1 million, the owner must submit a written
request for a payment plan along with a letter of support (resolution) from the municipality
in which the property is located. The payment plan request is then subject to review and
approval by the County Finance Committee. This law requires the payment of delinquent
and current assessments (see attached schedule) when the plan is initiated.
The attached proposed payment plan allows the property owner to pay over five years and
prevent the tax forfeiture from taking place on the property.
Attached is a request from Ms. Calissa Hall representing the Board of Trustees of the Zephyr
Theatre requesting approval of the payment plan including payment of special assessments
in year 1 of the five year payment plan – see attached documents.
ACTION REQUIRED:
Review the Confession of Judgement Payment Plan and if supportive, Council should adopt
motion of support for the Zephyr Theatre Payment Plan request. Based on City Council
action, staff will prepare a letter of support for the request from the City Council to the
Washington County Department of Property Records and Taxpayer Services.
THE ZEPHYR THEATRE
March 10, 2020
Stillwater City Council
216 North Fourth Street
Stillwater, MN 55082
Dream. Peiform. Inspire .
RECEIVED
MAR 10 1010
City of Stil lw~ter
Adm inistration
Re: 601 Main Street North, Stillwater -Property Taxes -Proposed Confession of
Judgment With Washington County
Dear City Council Members:
The Zephyr Theatre through its Board of Trustees wishes to enter into a Confession
of Judgment with Washington County, as shown on the attached proposed
Confession of Judgment 5 Year Payment Plan, and Washington County Policy# 4007
documents regarding the 2019 Property Taxes for 601 Main Street North.
We request the City of Stillwater provide a letter to Washington County stating
agreement with this proposal from the City of Stillwater, at this time.
Thank you for your support.
Sincerely,
~~~
Ca lyssa Ha ll
Executive Director
The Zephyr Theatre and on behalf of the Board of Trustees
601 NORTH MAIN STREET STILLWATER MN 55082 I 651-342-1542
Taxpayer'~ copy
Confession of Judgment under 5-Vear Payment Plan
Calculation Sheet
Primary Taxpayer: ONLY A DIM IMAGE PRDUCTIONS
PO B0X820
STILLWATER MN 55082
Parcel#: 28.030.20.11.0035
DELINQUENT TAXES:
Tax-special asmt 1st2nd insta plus pen/Interest
Year I Tax I Asmts
2019 $43,918.85 $561.74
Total $4:l,9 18.85 $S61 ,7 ~
$0.00
!calculated through: I
minus SP penalty !&:minus SP interst 1&2
I Penalty I Interest I
$5,489.86 $823.48
$:,,4 89 .. 86 $82 3.~8
TAG: 7601
Total Est. Market Value: 1,689,500
Classification: 3a-Commercial (5-Yr)
Municipality Stillwater City
29-Feb-20
I Fees/COJ l Costs Interest Total
$50,793.93
$0.00
S0.00 $0.00 $5Q,793.93
Curre nt S pe cial As mt s : Pa y 2020
TOTAL Spec Assessmets: $561.74 including Penalty & Interest on Sp Asmt portion only.
FIVE-YEAR PAYMENT PLAN:
Total Tax, Penalty, Interest & Costs: $50,232.19 Total Spec Asmt:I $561.74
20% Down Payment= Principal : $10,046.44
TOTAL Special Assess,emts: $561.74
Confession of Judgment Fee: $50.00
Court Initial Filing Fee $307.00
TOTAL: $10,965.18
CURREBT TAXES:
CurrentTaxes are required to be paid if payment plan is made on May 15.
If made after May 15, must pay 1st 1/2 installment due plus app licab le pena lty .
CU RRENT TAXES: PAYABLE 20 20 1st HalfDue 15•May
SPEC ASMTS: (included above)
PENALTY :
TOTAL DUE:
!TOTAL AMOUNT DUE AT THE TIME CONFESSION OF JUDGMENT IS ENTERED: $10,965.18 !
Colcu l ated through: 29 -Feb-ZO
NEXT INSTALLMENT DUE:
Annual Interest Rate: 10%
Date I Interest Rate I I Date I Interest Rate
if paid by: 28-Feb-20 31-Dec-21
Principal $10,046.44 $10,046.44
Interest $4,018.58 10% $7,702.27 19 667'!,\
Note: $14,065.01 $17,748.71
Please add $10.00 for Court Filing Fee
1otal Excfudmg
SpAsmt
SS0.23'2.19
so.oo
SO .OD
$0.00
$0.00
$50,232.19
Taxpayer's copy
ANNUAL INT RATE: 10.00%
PARCEL:
OWNER:
Confession of Judgment under 5-Year Payment Plan
ESTIMATED PAYM ENT SC HED ULE
28.030.20.11.0035
ONLY A DIM IMAGE PRDUCTIONSl!IO BOX 820!11TILLWATER MN! TAG:
0 DESCRIPTION:
0 YEARS:
7601
7601 STILLWATER U-834-MSCWMO
2019
AMOUNT CONFESSED: $50,232.19
29-Feb-20 FILE#: DATE OF CONFESSION:
PMT DATE OF INTEREST
# PAYMENT RATE
1 29-Feb-20 0.00%
2 28-Feb-21 10.00%
3 28-Feb-22 10.00%
4 28-Feb-23 10.00%
5 28-Feb-24 10.00%
Totals:
NOTE:
BEGINNING
BALANCE PRINCIPAL
$50,232.19 $10,046.44
$40,185.75 $10,046.44
$30,139.31 $10,046.44
$20,092.87 $10,046.44
$10,046.43 $10,046.44
$150,696.55 $50,232.20
INTEREST
$0.00
$4,018.58
$3,013.93
$2,009.29
$1,004.64
$10,046.44
SPEC
ASMTS
$561.74
$561.74
This schedule is based on the current interest rate. The actual interest rate is subject to change per M.S. 279.03.
Annual installments may be paid any time during the year, but are due by December 31. The annual interest rate is
prorated monthly and is to be charged on the unpaid balance of the total delinquent amount combined under
confession of judgment.
FEES
$357.00
$10.00
$10.00
$10.00
$10.00
$397.00
TOTAL
DUE
$10,965.18
$14,075.02
$13,070.37
$12,065.73
$11,061.08
$61,237.38
RECEIPT#
Property and Taxation
Policy #4007
Confession of Judgment
Commercial-Industrial-Public Utility Property (Class 3a)
Policy
Under state law the County Auditor may approve a confession of judgment for
delinquent taxes for Class 3a property (commercial, industrial, utility). The purpose of
this policy is to establish guidelines for the approval of Class 3a Confession of
Judgments by the County Auditor to ensure all taxpayers and property owners in
Washington County are treated fairly and equitably, and have equal access and
consideration under the statutory procedures.
Guidelines
A. Confession of Judgment (COJ) shall be permitted for a Class 3a parcel having a
total market value for the previous year's assessment of $1,000,000 or less per
parcel.
B. Owners, taxpayers, or other eligible entities of a Class 3a parcel having a value
over $1,000,000 for the previous year's assessment may apply for a Confession
of Judgment based on hardship or other reasons by written request to the
Department of Property Records and Taxpayer Services along with a letter of
support from the municipality in which the subject property is located. All such
applications will be presented to the County Finance Committee for review within
30 days of receipt.
C. The County Auditor delegates authority for the administration of the confession of
judgments on class 3A property consistent with this policy to Deputy County
Auditors as authorized by Minnesota Statutes 384.08.
D. Abatements of special assessments may be made by a municipality as
authorized by Minnesota Statutes 279.37(1a)(c).
E. The County may impose conditions on properties including but not limited to
environmental assessment, environmental remediation action plan requirements,
restrictions, or covenants.
Implemented: November 5, 2013 Page 1 of 2
Responsibility
County Board
Policy #4007
1. Review and authorize or deny Confession of Judgment requests on Class 3a
parcels having a value of over $1,000,000 for the previous year's assessment
through its Finance Committee.
County Auditor
1. Delegation of authority to approve Confessions of Judgment on Class 3a parcels .
Property Records and Taxpayer Services Department
1. Approve Confessions of Judgment on Class 3a parcels having a total market value
for the previous year's assessment of $1,000,000 or less per parcel.
2. Prepare Finance Committee review of Confession of Judgment requests on Class
3a parcels having a value of over $1,000,000 for the previous year's assessment
3. Collect down payment, installments, and fees in accordance with state statute and
county policy.
Source
County Board action November 5, 2013
M.S. 279.37
M.S. 384.08
Implemented: November 5, 2013 Page 2 of 2
DRAFT(Stillwater
'"¢ ~
THE BIRTHPLACE OF MINNESOTA ~
March 11, 2020
Joanne Helm, Deputy Director
Washington County
Department of Property Records and Taxpayer Services
14949 62nd Street North
Stillwater, MN 55082
Re:
PIN:
Address:
Owner:
Delinquent Property Taxes
28.030.20.11.0035
601 MAIN ST N
Only a Dim Image Productions
PO Box 820, Stillwater, MN 55082
Dear Ms Helm:
The City has received a request for support for a delinquent tax payment plan. This letter is
to notify you that the City of Stillwater supports Only a Dim Image Producations dba The
Zephyr Theatre to enter into a Confession of Judgement payment plan with Washington
County which requires payment of all special assessments at the time the payment plan is
initiated, along with 20% of the delinquent tax. It is our understanding that the remaining
delinquent taxes will then be paid in 4 annual installments plus interest.
Delinquent Tax and Special Assessments Payment Plan for 601 Main St N:
PMT DATE Of INTEREST BEGINNING SPEC TOTAL , PAYMENT RATE BALANCE PRINCIPAL INTtREST ASMTS FEES DUE REC£1PT #
1 29-Feb-20 0.00% $50,232 .19 $10,046.44 $0 .00 $561 .74 $357.00 $10,965 .18
2 28-Feb-21 10.00% $40,185.75 $10,046.44 $4,018.58 $10.00 $14,075.02
3 28-Feb-22 10.00% $30,139.31 $10,046.44 $3,013 .93 $10.00 $13,070.37
4 28-Feb-23 10.00% $20,092.87 $10,046.44 $2,009.29 $10.00 $12 ,065 .73
5 28-Feb-24 10.00% $10,046.43 $10,046.44 $1,004 .64 $10.00 $11,061 .08
Totals: $150,696.55 $50,232 .20 $10,046.44 $561 .74 $397 .00 $61 ,237.38
Further, during the duration of the payment plan, the property owner must pay the annual
installment as well as the current taxes due each year or the payment plan will go into
default.
Sincerely,
Ted Kozlowski
Mayor
CITY HALL : 216 NORTH FOURTH STREET • STILLWATER , MINNESOTA 55082
PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn .us
MEMORANDUM
To: Mayor and City Council
From: Reabar Abdullah, Assistant City Engineer
Date: March 3, 2020
Re: Neal Avenue Improvement Project (Project 2019-08)
DISCUSSION
Plans and specifications for the Neal Avenue 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 17th and bid results will be presented to Council at the April
21st meeting.
RECOMMENDATION
It is recommended that Council approve plans and specifications for the Neal Avenue
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 NEAL AVENUE
IMPROVEMENT PROJECT 2019-08.
RESOLUTION 2020-
APPROVE PLANS & SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
FOR NEAL AVENUE IMPROVEMENT PROJECT
(PROJECT 2019-08)
WHEREAS, pursuant to a resolution passed by the Council on December 17, 2019, the City
Engineer has prepared plans and specifications for the Neal Ave. Improvement Project (Project
2019-08) 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 17, 2020 at
2:00 pm 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 21, 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 17th day of March 2020.
____________________________________
Ted Kozlowski, Mayor
Attest:
_______________________________
Beth Wolf, City Clerk
MEMORANDUM
To: Mayor and City Council
From: Reabar Abdullah, Assistant City Engineer
Date: March 13, 2020
Subject: Parking Restriction on Neal Avenue
DISCUSSION:
Improvements are planned for Neal Ave. from Boutwell Rd. to McKusick Rd. Neal Ave. is
designated as a Municipal State Aid Street and State Aid funds would be used to fund the
project. Since Neal Ave. is a State Aid Street, the City is required to follow requirements in the
design/construction of the street. One of these requirements deals with the width of street. Neal
Ave is proposed to be constructed at a width of 32 feet face to face of curb. State Aid standards
for a 32 foot wide street are for two travel lanes and one parking lane. Therefore, the City would
be required to restrict parking on one side of the street by way of a Resolution. It is proposed to
restrict parking on the west side of Neal Ave. from Boutwell Rd. to Browns Creek Trail, and on
the east side from Browns Creek Trail to McKusick Rd. with restricted parking memorialized in
a Resolution. In order to receive approval for construction from The State Aid Office State
Funding for this segment, parking restriction is required on one side of the street.
RECOMMENDATION
Since Neal Ave. is a Municipal State Aid Street and Neal Ave. from Boutwell Rd. to McKusick
Rd. is planned to be constructed to 32 foot width, it is recommended that parking be restricted as
described above.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass RESOLUTION NO. ____
APPROVE PARKING RESTRICTIONS ON S.A.P.169-117 003 (Neal Ave.) FROM
BOUTWELL RD TO McKUSICK RD IN THE CITY OF STILLWATER, MINNESOTA.
RESOLUTION 2020-
APPROVE PARKING RESTRICTIONS ON
WEST SIDE OF S.A.P.169-117-003 NEAL AVE.
FROM BOUTWELL RD. TO BROWNS CREEK STATE TRAIL AND ON THE
EASTSIDE FROM BROWNS CREEK TRAIL TO McKUSICK RD.
IN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, the City has planned the improvement of Neal Ave, State Aid Route
No. 169-117 from Boutwell Rd. to McKusick Rd. in the City of Stillwater, Minnesota; and
WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of
this Street; and
WHEREAS, this improvement does not provide adequate width for parking on the west side of
the street; from Boutwell Rd. to Browns Creek State Trail and on the east side from Browns
Creek State Trail to McKusick Rd. and approval of the proposed construction as a Municipal
State Aid Street project must therefore be conditioned upon certain parking restrictions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA: that the City shall ban the parking of motor vehicles on the
west side of MSAS117 (Neal Ave) between Boutwell Rd. to Browns Creek State Trail and on
the east side from Browns Creek State Trail to McKusick Rd. at all times.
Adopted by the Council this 17th day of March, 2020.
______________________________
Ted Kozlowski, Mayor
ATTEST:_________________________________
Beth Wolf, City Clerk
Date: March 13, 2020
TO: Mayor and Council
FROM: Beth Wolf, City Clerk
SUBJECT: Ordinance Updates
Upon review of City Code, several Chapters are in need of updating. Below is an explaination
of each ordinance that is proposed to be amended and/or repealed and enacted upon.
1. Amending City Code Sec 23-1, Fire Department under subd. 6 tank installation and
removal (1) references a fee that is not current with our city fee schedule. To be
consistent in the city code, this code amendment will reference the current fee
schedule instead of listing a specific dollar amount.
2. Amending City Code Sec 51-5, Snow Emergencies under subd. 5 (5.g) needs
clarification of which streets are affected in the CBD zoning district as well as subd.
6 has many sections of roads that have been previously approved by Council
through Resolution which needs to be reflected in the city code.
3. Amending City Code Sec 33-1, Adopting the State Building Code and Fire Code has
not been updated to reflect the current MN State Building code. This amendment
would add perpetual language into the City Code to provide an automatic update
with each state code adoption.
4. Repealing Stillwater City Code Section 27-1 and Enacting Sections 27-4 and 27-5,
Regarding Licensing of Dogs, Potentially Dangerous Dogs and Dangerous Dogs.
Former City Clerk Ward began working with the Stillwater Police Department to
update this ordinance to include the Dog Park, and licensing according to rabies
vaccination expiration date. They met with area veterinanarians to get input and
reseached other cities policies and codes. City Attorney Land has reviewed the
current ordinance and suggests repealing and replacing the dog license section of
the City Code. Dog licenses shall now be available for a 3-year period for the life of
the dog, at the owner’s choice. The license fees for each license period will be set by
the City Council in the City’s Fee Schedule. The ordinance also enacts regulations for
the licensing of potentially dangerous and dangerous dogs that threaten to harm or
actually cause harm to animals or to people. There are requirements regarding
proper enclosures, implanting of microchips, inspections, warning symbols and
sterilization for these types of dogs.
5. Amending Stillwater City Code Section 41-2, Licensing of Tobacco Sales; Possession
and Use. This amendment is in accordance with the Federal Food, Drug and
Cosmetic Act, raising the minimum age of the sale of any tobacco product, including
cigarettes, cigars and e-cigarette products from 18 to 21 years.
In an effort to maintain current city code, I am recommending the above city code sections
be amended and/or repealed and enacted upon.
ACTION REQUIRED:
If Council concurs with staff’s recommendation, council needs to pass a motion approving
the first reading of ordinances amending City Code Sec 23-1, Fire Department ordinance;
amending City Code Sec 51-5, Snow Emergencies; amending City Code Sec 33-1, Adopting
the State Building Code and Fire Code; repealing City Code Section 27-1 and enacting
Sections 27-4 and 27-5 regarding Licensing of Dogs, Potentially Dangerous Dogs and
Dangerous Dogs; and amending City Code Section 41-2, Licensing of Tobacco Sales;
Possession and Use,.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE,
SEC. 23-1, FIRE DEPARTMENT
The City Council of the City of Stillwater, Washington County, Minnesota, does
ordain:
1. Amending. Chapter 23-1, Subd. 6(1) of the Stillwater City Code to herafter
read as follows:
(1)
2.
and effect.
Saving. In all other ways the Stillwater City Code shall remain in full force
3. Effective Date. This Ordinance will be in effect from and after its passage
and publication according to law.
Adopted by the City Council this_ day of April, 2020.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
AN ORDINANCE AMENDING THE STILLWATER CITY CODE,
SEC. 51-5, SNOW EMERGENCIES
The City Council of the City of Stillwater, Washington County, Minnesota, does
ordain:
1. Amending. Chapter 51-1, Subd. S(g) of the Stillwater City Code to read as
follows:
(g)
Street;
iv. The north sj.c:ie...a els.on..Street between Seco ·e.e..t South and Main
Street.
follows:
_$_,ubd . 6 of the--5:tillwat · L.CoJ:l.e to read as.
follows:
(6)
e.
f.
y_enue from Eo.urth Avenue Soutb...t.o_Eifth
Avenue South :
h. South side of Laur..el.S.tr.e..et from Fifth Street No th to 100 feet to the
~
L East side of Sec.omLS.treet North from Laurel Street to As
et West from Fourth St Sou t h to Hom
k. North side of Orleans St West from Fourth St reet South to Ha rr iet
Street:
uth side of Orleans West from Harriet Sm
South;
m. Churchill Street West from Holcome Street South to Everett Street
South.
-2--.1, Saving. In all other ways the Stillwater City Code shall remain in full force
and effect.
J...5... Effective Date. This Ordinance will be in effect from and after its passage
and publication according to law.
Adopted by the City Council this_ day of April, 2020.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 33-1,
ADOPTING THE STATE BUILDING CODE AND FIRE CODE TO PERPETUALLY
INCLUDE THEIR MOST CURRENT EDITIONS, AS AMENDED FROM TIME TO TIME,
INCLUDING OPTIONAL APPENDIX CHAPTERS
The City Council of the City of Stillwater, Washington County, Minnesota, does
ordain:
1.
follows :
Amending. Chapter 33-1, Subd. 1-5, of the Stillwater City Code to read as
Subd. i-1 . Application, administration and enforcement. The application,
administration, and enforcement of the code shall be in accordance with Minnesota RHle
Chapter 1300Sta . The code shall be enforced within the extraterritorial
limits permitted by Minnesota Statutes, §326B168.62, subdivision 1Subd. 2@, when so
established by this ordinance.
The code enforcement agency is the City of Stillwater.
This code shall be enforced by the Minnesota Certified Building Officiall designated
employed by the Cityl Council to administer the code in accordance with f Minn. Stat. §
168.62326B.133, S,s ubd. l l
Subd. 3,.i . Permits and fees. The issuance of permits and the collection of fees shall
be as authorized in Minn. Stat.§ 168.62, subd. 1Minnesota Rules Chapter 1300 .
Permit fees shall be assessed for work governed by this code in accordance with
the fee schedule adopted by the City Council by separate ordinancereso!utjon. from time
to time. In addition, a surcharge fee shall be collected on all permits issued for work
governed by this code in accordance with Minn. Stat. §326B.148~
Subd. ,i-3-. Violations and penalties. A violation of the code is a misdemeanor (Minn.
Stat.§ 16B.69 and Minnesota Rules, Chapter 13003.266.082. Subd . 16).
Subd. 4. BuildiRg Gede . The Minnesota State Building Code, established pursuant to
Minn. Stat. § 16B.59 to 168.75 is hereby adopted as the Building Code for the City of
~de is hereby incorporated in this ordinance as if fully set out herein.
(1) The Minnesota State Building Code includes the following chapters of
Minnesota Rules:
Codes;
i.
ii .
iii.
'l.
13 0 0, Minnesota Bui I ding-GeEl-e-AamifltsHationt
1301, Building Omcial Certification;
1302, Construction ,A.pprovals ;
1303, MiR-Aesota Pr--e-v isions of State Building Code;
1305, Aaoption of th.e 2006--JnternationaJ Building Code;
vi,~. --1+3?H0c1--7.,-,,-f"EI-HI e""'<\m'il1-HtOf-Hfp;S,-,;-JH-1nl-Hd-l'R'He>.+i) a,1-!t+&eH-d +Dff'e'VV-H-i C+'e~s;
vii .
fo'iii.
X.
xi.
xii.
*Hi.
*W .
xvi.
1309, Adoption of the 2006 International Residential Code;
1311, Adoption of the Guidelines of the Rehabilitation of Existing Buildings;
1315,Adoptie-n of the 20~Ett=k-a.J--CGG-e;
1325, Solar Energy Systems;
1335, Floodproofing Regulations;
1341, Minnesota Accessibility Code;
134 6 , .'\doption of the Minnesota State Mechanical Code and Fuel Gas
1350, Manufactured Homes;
1360, Prefabricated Structures;
1361, Industrialized/Moau:lar Buildings;
1370, Storm Shelters (Manufactured Home Parks);
*"'4th------4-7±5, Minnesota Plumbing Code;
xix. 7511, State Fire Code;
m<. Minnesota energy Code, consists of Minn. Stat.§ 168.617 (7670) and Minn.
Rules Chapters 7672, 7674 , 7676 and 7678.
Subd. 5. Buililin.q Code Optional Chapters. {JfThe following optional
provisiefl5chapters. and any amendments thereafter. are hereby adopted and
incorporated as part of the S.tate_Building Code for the City of Stillwater:
i.
ii.
iii.
2.
and effect.
Chapter 1306, Special Fire Protection Systems, 1306.0020, subp. 2,
existing and new buildings;
1335, Floodproofing Regulations, parts 1335 .0600 to 1335.1200;
International Building Code, Appendix Chapter J (Grading). See Chapter
1300.
Saving. In all other ways the Stillwater City Code shall remain in full force
3. Effective Date. This Ordinance will be in effect from and after its passage
and publication according to law.
Adopted by the City Council this_ day of April, 2020.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
1
ORDINANCE NO. _________
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE REPEALING STILLWATER CITY CODE SECTION 27-1
AND ENACTING SECTIONS 27-4 AND 27-5 REGARDING THE LICENSING OF
DOGS, POTENTIALLY DANGEROUS DOGS AND DANGEROUS DOGS
The City Council of the City of Stillwater does ordain:
SECTION 1. REPEAL. Section 27-1 of the City Code, Dogs and other animals, is hereby
repealed in its entirety.
SECTION 2. ENACTMENT. Section 27-4 of the City Code, Dogs and other animals, is
hereby enacted as follows:
Sec. 27-4. - Dogs and other animals.
Subd. 1. Definitions. The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this subdivision, except where the context clearly indicates
a different meaning:
Animal means a dog, cat or other animal.
Animal shelter means any premises designated by the city council for the purpose of
impounding or caring for animals held under the authority of this chapter.
At large means off the owner’s premises and not under the control of the owner or a member
of his immediate family either by leash, cord or chain, or similar physical restraint.
Kennel means any place where four or more dogs over six months of age are kept, owned,
boarded, bred or offered for sale.
Owner means a person who harbors, feeds, boards, possesses, keeps or has custody of an
animal.
Pet shop means any owner engaged in the business of breeding, buying, selling or boarding
animals of any species.
Subd. 2. License required. It is unlawful for a person to own, harbor or keep a dog over the
age of six months within the city unless the person has obtained a license for the dog. An owner
has 30 days after becoming a city resident to obtain a license. The license application shall include:
(1) The name and address of the owner.
2
(2) The name and address of the person making application, if other than the owner.
(3) The breed, sex and age of the dog for which a license is sought.
(4) A certificate of vaccination for rabies from a qualified veterinarian.
Subd. 3. License term. Except for dangerous dog licenses, which are issued for a one-year
term, all other dog licenses may be issued either for a 3-year term or a lifetime license that is valid
for the lifetime of the dog (including a potentially dangerous dog, but not including a dangerous
dog). For a lifetime license, the owner shall provide proof of a current rabies vaccination certificate
to the City Clerk every three years.
Subd. 4. License fee. No license will be issued for a dog unless the owner pays the license
fee, as established in the City’s fee schedule. Reductions in fees may be made based on whether
the dog is sterilized or electronically tagged with a microchip.
Subd. 5. Tag description and duplicate fee. Upon completion of a license application,
submission of a certification of vaccination valid for the license term, and payment of the license
fee, the City Clerk shall issue a metallic tag, stamped with a number and expiration year of the
license, if applicable. Duplicate tags are available for an additional fee. Owners shall comply
with the following requirements:
(1) Tag to be worn. Tags must be valid and securely fastened to the dog’s chain or collar
or harness, at all times.
(2) Nontransferable. Licenses and tags are not transferable from one dog to another or
from one owner to another.
(3) Dangerous dog tags. Dangerous dogs shall wear tags that comply with section 27-
5.
Subd. 6. Limitation on number of dogs. A person must not keep more than a total of three
dogs that are older than four months on any residential premises within the city.
Subd. 7. Running at Large.
(1) Except within the designated area at the City’s off-leash dog park, no dog shall be
allowed to run at large. An animal is running at large if the animal:
(a) Is not effectively contained within a fenced area; or
(b) Is on any unfenced area or lot abutting a street, alley, public park, public place or
upon any other private land without being effectively restrained by chain or leash
that is no longer than 6 feet, or an electronic pet containment device that prevents
it from moving beyond such unfenced area or lot; or
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(c) Is on any street, public park, school grounds or public place without being
effectively restrained by chain or leash.
(2) The license holder, owner or keeper of any animal will be responsible for the effective
restraint of the animal and must not permit the animal to run at large.
Subd. 8. Impounding. Any officer or any person duly authorized by the City may capture
and seize any animal found running at large within the City contrary to the provisions of this
section.
Subd. 9. Redemption. Any animal seized and impounded may be redeemed by any person
producing a license or proving ownership by a statement in writing within five days after such
seizure and impounding and by paying the impound fee, plus any additional boarding costs,
redemption fees, license fees or special call-back services costs incurred by the City by the
impoundment and, upon presentation of payment, the City will release the animal to the owner. If
the animal is unlicensed, a license must be obtained before it may be released. If the owner of the
seized or impounded animal under the provisions of this section does not reclaim possession of
the animal in compliance with the foregoing provisions within five days after the seizure or
impounding, the owner will forfeit all right of property in the animal.
Subd. 10. Disposition of unclaimed animals. At the expiration of five days from the time the
animal is impounded as provided for in this section, if the animal is not reclaimed according to the
provisions in this section, it will be the duty of the City to dispose of the animal in a humane
manner and according to law.
Subd. 11. Nuisances committed by animals; owner responsibility.
(1) Habitual barking or crying. It shall be unlawful for any owner to keep an animal in
the City that habitually barks or cries. Habitual barking shall be defined as barking
or crying for repeated intervals of at least three minutes with less than one minute
of interruption. Barking or crying must be audible off of the owner’s premises.
(2) Damage to property. It shall be unlawful for any owner’s animal to damage any
lawn, garden, or other property of another, whether or not the owner has knowledge
of the damage.
(3) Diseased animals. No person shall keep or allow to be kept on his or her premises, or
on premises occupied by them, nor permit to be at large in the City, any animal which
is diseased so as to be a danger to the health and safety of the City, even though the
animal is properly licensed under this section.
Subd. 12. Cleaning up of litter.
(1) The owner of any animal or any person having the custody or control of any animal
will be responsible for cleaning up any feces of the animal and disposing of the feces
in a sanitary manner.
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(2) A person who owns, keeps or harbors an animal must not allow or cause the animal to
be on property, other than the owner’s own property, without having tools or equipment
in his or her immediate possession that are suitable for the removal of animal fecal
material.
(3) All fecal materials deposited by the animal must be promptly and effectively removed
from the ground or surface and deposited in a sanitary manner.
(4) The provisions of this section will not apply to the ownership or use of civilian service
dogs or police enforcement dogs.
Subd. 13. Care of and cruelty to animals. No owner shall fail to provide any animal with
sufficient food and water, proper shelter and veterinary care when needed. No person shall beat,
cruelly treat, torment or otherwise abuse any animal or cause or permit any dogfight, cockfight,
bullfight or other combat between animals or between animals and humans. No owner of an animal
shall abandon such animal.
Subd. 14. Interfering with enforcement. A person must not interfere with any City official,
animal control officer or police officer while engaged in performing work under the provisions of
this section.
Subd. 15. License requirements to nonresidents. The subdivisions of this section requiring
a license shall not apply to nonresidents of the City, provided that dogs of such owners shall not
be kept in the City longer than 30 days without a license.
SECTION 3. ENACTMENT. Section 27-5 of the City Code, Dangerous or potentially
dangerous dog, is hereby enacted as follows:
Sec. 27-5. - Dangerous or potentially dangerous dog.
Subd. 1. Adoption by reference. Except as otherwise provided in this section, the
regulatory and procedural provisions of Minn. Stat. §§ 347.50 to 347.565, as they may be amended
from time to time (commonly referred to as the “dangerous dog regulations”) are adopted by
reference.
Subd. 2. Definitions. For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
Dangerous Dog means a dog that:
(1) Has when unprovoked, inflicted substantial bodily harm on a human being on public
or private property;
(2) Has killed a domestic animal when unprovoked while off the owner’s property;
(3) Has attacked one or more persons on two or more occasions; or
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(4) Has been found to be potentially dangerous and after the owner has notice of the same,
the dog aggressively bites, attacks or endangers the safety of humans or domestic
animals.
Dog means both the male and female of the canine species, commonly accepted as
domesticated household pets.
Great Bodily Harm means bodily injury which creates a high probability of death, or which
causes serious permanent disfigurement, or which causes a permanent or protracted loss or
impairment of the function of any bodily member or organ or other serious bodily harm.
Owner means any person or persons, firm, corporation, organization, department or
association owning, possessing, harboring, keeping, having an interest in, or having care, custody
or control of a dog.
Maintenance Costs means any costs incurred as a result of seizing an animal for
impoundment, including, but not limited to, the capturing, impounding, keeping, treating,
examining, securing, confining, feeding, destroying, boarding or maintaining seized animals,
whether these services are provided by the city or the pound.
Potentially Dangerous Dog means a dog that:
(1) Has when unprovoked, inflicted a bite on a human or domestic animal on public or
private property;
(2) Has when unprovoked, chased or approached a person, including a person on a bicycle,
upon the streets, sidewalks or any public or private property, other than the owner’s
property, in an apparent attitude of attack; or
(3) Has a known propensity, tendency or disposition to attack unprovoked, causing injury
or otherwise threatening the safety of humans or domestic animals.
Proper Enclosure means securely confined indoors or in a securely enclosed and locked
pen or structure suitable to prevent the dog from escaping and to provide protection for the dog
from the elements. A proper enclosure does not include a porch, patio or any part of a house,
garage or other structure that would allow the dog to exit of its own volition, or any house or
structure in which windows are open or in which door or window screens are the only barriers
which prevent the dog from exiting. The enclosure shall not allow the egress of the dog in any
manner without human assistance. A pen or kennel shall meet the following minimum
specifications:
(1) A minimum overall floor size of 32 square feet;
(2) Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge or
heavier wire. Openings in the wire shall not exceed two inches, support post shall be
one and one-fourth inch or larger steel pipe buried in the ground 18 inches or more.
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When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18
inches in the ground;
(3) A cover over the entire pen or kennel shall be provided. The cover shall be constructed
of the same gauge wire or heavier as the sidewalls and openings in the wire shall not
exceed two inches; and
(4) An entrance/exit gate shall be provided and be constructed of the same material as the
sidewalls and openings in the wire shall not exceed two inches. The gate shall be self-
closing and self-locking. The gate shall be locked at all times when the dog is in the
pen or kennel.
Substantial Bodily Harm means bodily injury that involves a temporary but substantial
disfigurement, or that causes a temporary but substantial loss or impairment of the function of any
bodily member or organ or that causes a fracture of any bodily member.
Unprovoked means the condition in which the dog is not purposely excited, stimulated,
agitated or disturbed.
Subd. 3. Declaration of dangerous or potentially dangerous dog.
(1) A police officer, community service officer, animal control officer or other authorized
city employee may declare a dog to be dangerous or potentially dangerous when the
officer has probable cause to believe that a dog is dangerous or potentially dangerous.
The following factors will be considered in determining a dangerous or potentially
dangerous dog:
(a) Whether any injury or damage to a person by the dog was caused while the dog was
protecting or defending a person or the dog’s offspring within the immediate
vicinity of the dog from an unjustified attack or assault;
(b) The size and strength of the dog, including jaw strength, and the animal’s
propensity to bite humans or other domestic animals; and
(c) Whether the dog has wounds, scarring, is observed in a fight, or has other
indications that the dog has been or will be used, trained or encouraged to fight with
another animal or whose owner is in possession of any training apparatus,
paraphernalia or drugs used to prepare such dogs to fight with other animals.
(2) Beginning six months after a dog is declared dangerous or potentially dangerous, an
owner may request annually that the city review the designation. The owner must
provide evidence that the dog’s behavior has changed due to the dog’s age, neutering,
environment, completion of obedience training or other factors. If enough evidence is
provided, the City may rescind the designation.
(3) Exceptions. The provisions of this section do not apply to the following situations:
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(a) Dogs used by law enforcement; or
(b) If the threat, injury or danger was sustained by a person who was:
(i) Committing a willful trespass or other tort upon the premises occupied by the
owner of the dog;
(ii) Provoking, tormenting, abusing or assaulting the dog, or who can be shown to
have a history of repeatedly provoking, tormenting, abusing or assaulting the
dog; or
(iii)Committing or attempting to commit a crime.
Subd. 4. License required. The owner must annually license dangerous dogs with the city
and must license a newly declared dangerous or potentially dangerous dog within 14 days after
notice that a dog has been declared dangerous or potentially dangerous. Regardless of any appeal
that may be requested, the owner must comply with the requirements of Minn. Stat. § 347.52(a)
and (c), as they may be amended from time to time, regarding proper enclosures and notification
to the City upon transfer or death of the dog, until and unless a hearing officer or court of law
reverses the declaration.
(1) Process for dangerous dogs. The City will issue a license to the owner of a dangerous dog
if the owner presents sufficient evidence that:
(a) There is a proper enclosure;
(b) Written proof that there is a surety bond by a surety company authorized to conduct
business in the state in the sum of at least $300,000, payable to any person injured by
a dangerous dog, or receipt of a copy of a policy of liability insurance issued by an
insurance company authorized to do business in the state in the amount of at least
$300,000, insuring the owner for any personal injuries inflicted by the dangerous dog.
The surety bond or insurance policy shall provide that no cancellation of the bond or
policy will be made unless the City is notified in writing by the surety company or the
insurance company at least ten days prior to the cancellation;
(c) The owner has paid the annual license fee for dangerous dogs;
(d) The owner has had a microchip identification implanted in the dangerous dog. The
name of the microchip manufacturer and identification number of the microchip must
be provided to the City. If the microchip is not implanted by the owner, it may be
implanted by the City at the owner’s expense; and
(e) The owner provides proof that the dog has been sterilized. If the owner does not sterilize
the dog within 30 days, the City may seize the dog and sterilize it at the owner’s
expense.
(2) Process for potentially dangerous dogs. The City will issue a license to the owner of a
potentially dangerous dog if the owner presents sufficient evidence that:
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(a) There is a proper enclosure;
(b) The owner has paid the license fee; and
(c) The owner has had a microchip identification implanted in the potentially dangerous
dog. The name of the microchip manufacturer and identification number of the
microchip must be provided to the City. If the microchip is not implanted by the owner,
it may be implanted by the City at the owner’s expense.
(3) Inspection. A pre-license inspection of the premises to ensure compliance with the City
code is required. If the City issues a license to the owner of a dangerous or potentially
dangerous dog, the City shall be allowed at any reasonable time to inspect the dog, the
proper enclosure and all places where the animal is kept.
(4) Warning symbol. The owner of a dangerous dog licensed under this section must post a
sign with the uniform dangerous dog warning symbol on the property in order to inform
children that there is a dangerous dog on the property. The sign will be provided by the
City upon issuance of the license.
(5) Tags. A dangerous dog licensed under this section must wear a standardized, easily
identifiable tag at all times that contains the uniform dangerous dog symbol, identifying
the dog as dangerous. The tag shall be provided by the City upon issuance of the license.
(6) License fee. The City will charge the owner a license fee for a dangerous or potentially
dangerous dog pursuant to the City’s fee schedule.
Subd. 5. Properly restrained in proper enclosure or outside of proper enclosure. While
on the owner’s property, an owner of a dangerous or potentially dangerous dog must keep it in a
proper enclosure. Inside a residential home, there must be a secured area maintained where the
dog will stay when persons other than family members are present. If the dog is outside the proper
enclosure, the dog must be muzzled and restrained by a substantial chain or leash no longer than
four feet and under the physical restraint of an adult. The muzzle must be made in a manner that
will prevent the dog from biting any person or animal but that will not cause injury to the dog or
interfere with its vision or respiration.
Subd. 6. Notification requirements to City.
(1) Relocation or death. The owner of a dog that has been declared dangerous or
potentially dangerous must notify the City Clerk or Police Department in writing if the
dog is to be relocated from its current address or if the dog has died. The notification
must be given in writing within 30 days of the relocation or death. The notification
must include the current owner’s name and address, and the new owner’s name and the
relocation address. If the relocation address is outside of the City, the City may notify
the local law enforcement agency of the transfer of the dog into its jurisdiction.
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(2) Renter’s obligations. A person who owns or possesses a dangerous or potentially
dangerous dog and who will rent property from another where the dog will reside must
disclose to the property owner prior to entering the lease agreement and at the time of
any lease renewal periods that the person owns or possesses a dangerous or potentially
dangerous dog that will reside at the property. A dog owner, who is currently renting
property, must notify the property owner within 14 days of city notification if the
owned dog is newly declared as dangerous or potentially dangerous and the owner
keeps the dog on the property.
(3) Transfer of ownership into the City. No dog that has been previously determined to be
dangerous or potentially dangerous by another jurisdiction shall be kept, owned or
harbored in the City, unless the dog’s owner complies with the requirements of this
section prior to bringing the dog into the city. Dogs in violation of this division are
subject to impoundment and destruction.
Subd. 7. Seizure. The City may immediately seize any dangerous or potentially dangerous
dog if:
(1) After 14 days after the owner has notice that the dog is declared dangerous or
potentially dangerous, the dog is not validly licensed and no appeal has been filed;
(2) After 14 days after the owner has notice that the dog is dangerous, the owner does not
secure the proper liability insurance or surety coverage as required or such required
insurance is cancelled;
(3) The dog is not maintained in a proper enclosure;
(4) The dog is outside the proper enclosure and not under proper restraint, as required by
subdivision 5 above;
(5) After 30 days after the owner has notice that the dog is dangerous, the dog is not
sterilized, as required by subdivision 4(1)(e) above; and
(6) The dog’s microchip has been removed.
Subd. 8. Reclamation. A dog seized under subdivision 7 above may be reclaimed by the
owner of the dog upon payment of maintenance costs and presenting proof to the city that the
requirements of this section have been met. A dog not reclaimed under this subdivision 8 within
seven days may be disposed of and the owner will be liable to the City for maintenance costs. A
person claiming an interest in a seized dog may prevent disposition of the dog by posting a security
in an amount sufficient to provide for the dog’s maintenance costs. The security must be posted
with the city within seven days of the seizure inclusive of the date seized.
Subd. 9. Subsequent offenses: seizure. If a person has been convicted of violating a
provision of this section, and the person is charged with a subsequent violation relating to the same
dog, the dog may be seized. If the owner is convicted of the crime for which the dog was seized,
the court may order that the dog be destroyed in a proper and humane manner and the owner pay
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the maintenance costs. If the owner is not convicted and the dog is not reclaimed by the owner
within seven days after the owner has been notified that the dog may be reclaimed, the dog may
be disposed of, used for research or destroyed.
Subd. 10. Notice; hearings.
(1) Notice. After a dog has been declared dangerous or potentially dangerous or has been
seized for destruction, the City shall give notice by delivering or mailing it to the owner
of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering
it to a person residing on the property, and telephoning, if possible. The notice shall
include:
(a) A description of the seized dog; the authority for and purpose of the declaration and
seizure; the time, place and circumstances under which the dog was declared; and
the telephone number and contact person where the dog is kept;
(b) A statement that the owner of the dog may request a hearing concerning the
declaration and that failure to do so within 14 days of the date of the notice will
terminate the owner’s right to a hearing;
(c) A statement that if an appeal request is made within 14 days of the notice, the owner
must immediately comply with the requirements of Minn. Stat. § 347.52(a) and (c),
as they may be amended from time to time, regarding proper enclosures and
notification to the City upon transfer or death of the dog, until such time as the
hearing officer issues an opinion;
(d) A statement that if the hearing officer affirms the dangerous dog declaration, the
owner will have 14 days from receipt of that decision to comply with all other
requirements of Minn. Stat. §§ 347.51, 347.515 and 347.52, as they may be
amended from time to time;
(e) A form to request a hearing; and
(f) A statement that if the dog has been seized, all maintenance costs of the care,
keeping and disposition of the dog pending the outcome of the hearing are the
responsibility of the owner, unless a court or hearing officer finds that the seizure
or impoundment was not reasonably justified by law.
(2) Right to hearing.
(a) After a dog has been declared dangerous, potentially dangerous or has been seized
for destruction, the owner may appeal in writing to the City within 14 days after
notice of the declaration or seizure. Failure to do so within 14 days of the date of
the notice will terminate the owner’s right to a hearing. The owner must pay a $100
fee for an appeal hearing.
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(b) The appeal hearing will be held within 14 days of the request. The hearing officer
must be an impartial employee of the City or an impartial person retained by the
city to conduct the hearing.
(c) If the declaration or destruction is upheld by the hearing officer, actual expenses of
the hearing up to a maximum of $1,000, as well as all maintenance costs, will be
the responsibility of the dog’s owner. The hearing officer shall issue a decision on
the matter within ten days after the hearing. The decision shall be delivered to the
dog’s owner by hand delivery or registered mail as soon as practical and a copy
shall be provided to the City. The decision of the hearing officer is final.
Subd. 11. Destruction of certain dogs. The Police Chief and/or hearing officer are
authorized to order the destruction or other disposition of any dog, after proper notice is given
pursuant to subdivision 10 above and upon a finding that:
(1) The dog has habitually destroyed property or habitually trespassed in a damaging
manner on property of persons other than the owner;
(2) The dog has been declared dangerous, the owner’s right to appeal hereunder has been
exhausted or expired and the owner has failed to comply with the provisions of this
section;
(3) It is determined that the dog is infected with rabies;
(4) The dog inflicted substantial or great bodily harm on a human on public or private
property without provocation;
(5) The dog inflicted multiple bites on a human on public or private property without
provocation;
(6) The dog bit multiple human victims on public or private property in the same attack
without provocation;
(7) The dog bit a human on public or private property without provocation in an attack
where more than one dog participated in the attack; or
(8) The dog poses a danger to the public’s health, safety or welfare. In determining whether
the dog poses a danger to the public’s health, safety or welfare, the following factors
may be considered:
(a) The dog weighs more than 20 pounds;
(b) The strength of the dog, including jaw strength;
(c) The dog’s tolerance for pain;
(d) The dog’s tendency to refuse to terminate an attack;
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(e) The dog’s propensity to bite humans or other domestic animals;
(f) The dog’s potential for unpredictable behavior;
(g) The dog’s aggressiveness;
(h) The likelihood that a bite by the dog will result in serious injury.
Subd. 12. Concealing of dogs. No person may harbor, hide or conceal a dog that the City
has the authority to seize or that has been ordered into custody for destruction or other proper
disposition.
Subd. 13. Dog ownership prohibited.
(1) Except as provided below, a person shall not own a dog if the person has been:
(a) Convicted of a third or subsequent violation of subdivisions 4, 5 or 6 above or
similar ordinance in another jurisdiction, or Minn. Stat. §§ 347.51, 347.515 or
347.52, as they may be amended from time to time;
(b) Convicted of second degree manslaughter due to negligent or intentional use of a
dog under Minn. Stat. § 609.205(4), as it may be amended from time to time; or
(c) Convicted of gross misdemeanor harm caused by a dog under Minn. Stat. §
609.226(1), as it may be amended from time to time.
(2) Any person who owns a dangerous or potentially dangerous dog and is found to be in
violation of any of the provisions of this section or had owned a dangerous or
potentially dangerous dog but never achieved compliance with this section may be
prohibited from ownership or custody of another dog for a period of five years after the
original declaration. Any dog found to be in violation, may be impounded until due
process is completed, pursuant to subdivision 10 above.
(3) If any member of a household is prohibited from owning a dog in subdivision 13(1) or
13(2) above, unless specifically approved with or without restrictions by the City, no
person in the household is permitted to own a dog.
Subd. 14. Dog ownership prohibition review.
(1) Beginning three years after a conviction under subdivision 13(1) or (2) above that
prohibits a person from owning a dog, and annually thereafter, the person may request
in writing to the Police Chief that the City review the prohibition.
(2) The City may consider such facts as the seriousness of the violation or violations that
led to the prohibition, any criminal convictions, or other facts that the City deems
appropriate. The city may rescind the prohibition entirely or rescind it with limitations.
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The City also may establish conditions a person must meet before the prohibition is
rescinded, including, but not limited to, successfully completing dog training or dog
handling courses.
(3) If the City rescinds a person’s prohibition and the person subsequently fails to comply
with any limitations imposed by the City or the person is convicted of any animal
violation involving unprovoked bites or dog attacks, the city may permanently prohibit
the person from owning a dog in this state.
Subd. 15. Penalties.
(1) Unless stated otherwise, any person who violates a provision of this section is guilty of
a misdemeanor.
(2) Any person who is convicted of a second or subsequent violation of any provision of
subdivisions 4, 5 or 6 above is guilty of a gross misdemeanor.
(3) Any person who violates subdivision 13 above, whether an owner or household
member, is guilty of a gross misdemeanor.
SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The ordinance repeals and replaces the dog license section of the City Code. Dog licenses
shall now be available for a 3-year period or for the life of the dog, at the owner’s choice.
The license fees for each license period will be set by the City Council in the City’s Fee
Schedule. The ordinance also enacts regulations for the licensing of potentially dangerous
and dangerous dogs that threaten to harm or actually cause harm to animals or to people.
There are requirements regarding proper enclosures, implanting of microchips, inspections,
warning symbols and sterilization for these types of dogs.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be effective after its passage and
publication according to law.
Approved this ____________day of __________________, 2020.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
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ORDINANCE NO._________
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 41-2 -
LICENSING OF TOBACCO SALES; POSSESSION AND USE
The City Council of Stillwater does ordain:
SECTION 1. AMENDMENT. Stillwater City Code Section 41-2 relating to licensing of
tobacco sales, possession and use is hereby amended as follows:
Sec. 41-2. - Licensing of tobacco sales; possession and use by minors.
Subd. 1. Purpose. Because the city recognizes that many persons under the age of 1821 years
of age purchase or otherwise obtain, possess, and use tobacco, tobacco products,
and tobacco related devices, and such sales, possession, and use are violations of
both state and federal laws.
Subd. 2. Definitions and interpretations.
Tobacco or tobacco products means any substance or item containing tobacco leaf, including
but not limited to, cigarettes; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco;
cheroots; stoagies stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other
smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos;
refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco
leaf prepared in such manner as to be suitable for chewing, sniffing or smoking.
Tobacco related devices means any tobacco product as well as a pipe, rolling papers, or other
device intentionally designed or intended to be used in a manner which enables the chewing
sniffing, or smoking of tobacco or tobacco products.
Self-service merchandising means open displays of tobacco, tobacco products, or tobacco
related devices in any manner where any person shall have access to the tobacco, tobacco products,
or tobacco related devices, without the assistance or intervention shall entail the actual physical
exchange of tobacco, tobacco product or tobacco related device between the customer and the
licensee or employee. Self-service merchandising shall not include vending machines.
Vending machine means any mechanical, electric or electronic, or other type of device which
dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens
or other form of payment directly into the machine by the person seeking to purchase the tobacco,
tobacco product or tobacco related device.
Individually packaged means the practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be
limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans
or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than
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a single pack or other container as described in this subdivision shall not be considered individually
packaged.
Loosies means a single or individually packaged cigarette or any other tobacco product that
has been removed from its packaging and sold individually. The term loosies does not include
individual cigars with a retail price, before any sales tax, of more than $2.00 per cigar.means the
common term used to refer to a single or individually packaged cigarette.
Minor means any natural person who has not yet reached the age of 18 years.
Retail establishment means any place of business where tobacco, tobacco products or tobacco
related devices are available for sale to the general public. Retail establishments shall include, but
not be limited to, grocery stores, convenience stores, and restaurants.
Moveable place of business means any form of business operated out of a truck, van,
automobile, or other type of vehicle or transportable shelter and not a fixed address store front or
other permanent type of structure authorized for sales transactions.
Sale means any transfer of goods for money, trade, barter or other consideration.
Compliance checks means the system the city uses to investigate and ensure that those
authorized to sell tobacco, tobacco products, and tobacco related devices are following and
complying with the requirements of this section. Compliance checks shall involve the use of
persons between the ages of 18 and 21 minors as authorized by this section. Compliance checks
shall also mean the use of persons between the ages of 18 and 21 minors who attempt to purchase
tobacco, tobacco products or tobacco related devices for educational, research and training
purposes as authorized by state and federal laws. Compliance checks may also be conducted by
other units of government for the purpose of enforcing appropriate federal, state, or local laws and
regulations relating to tobacco, tobacco products, and tobacco related devices.
Subd. 3. License. No person may sell or offer to sell any tobacco, tobacco products, or
tobacco related device without first having obtained a license to do so from the city.
(1) Application. An application for a license to sell tobacco, tobacco products, or
tobacco related devices must be made on a form provided by the city. The
application must contain the full name of the applicant, date of birth, driver’'s
license number, social security number the applicant's residential and
business addresses and telephone numbers, the name of the business for which
the license is sought, names of all managers, addresses, date of birth, driver’'s
license number, and any additional information the city deems necessary. The
city clerk, with the assistance of the police chief or the chief’'s designee, is
responsible to see that background checks are done on all applicants and
managers. Upon receipt of a completed application, the city clerk must
forward the application to city council for action at its next regularly
scheduled council meeting. If the city clerk determines that an application is
incomplete, he or she must return the application to the applicant with notice
of the information necessary to make the application complete.
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(2) Action. The city council may either approve or deny the license, or it may
delay action for such reasonable period of time as necessary to complete any
investigation of the application or the applicant it deems necessary.
(3) Term. All licenses issued under this section are valid until December 31 of
each calendar year.
(4) Revocation or suspension. Any license issued under this section may be
revoked or suspended as provided in the violations and penalties subdivision
of this section.
(5) Transfers. All licenses issued under this section are valid only on the premises
for which the license was issued and only for the person to whom the license
was issued. No transfer of any license to another location or person is valid
without the prior approval of the city council.
(6) Moveable place of business. No license may be issued to a moveable place of
business. Only fixed location businesses are eligible to be licensed under this
section.
(7) Display. All licenses must be posted and displayed in plain view of the general
public on the licensed premise.
(8) Renewals. The renewal of a license issued under this section must be handled
in the same manner as the original application. The request for a renewal must
be made at least 60 days before the expiration of the current license.
Subd. 4. Fees. No license may be issued under this section until the appropriate license fee
is paid in full. The fee is set by the city council by resolution duly enacted from
time to time.
Subd. 5. Basis for denial of license. Any one of the following are grounds for denying the
issuance or renewal of a license under this section; however, except as may
otherwise be provided by law, the existence of any particular ground for denial does
not mean that the city must deny the license. If a license is mistakenly issued or
renewed to a person, it will be revoked upon the discovery that the person was
ineligible for the license under this subdivision.
(1) The applicant is under the age of eighteen years
(2) The applicant has been convicted within the past five years of any violation
of a federal, state or local law, ordinance provision, or other regulation
relating to tobacco or tobacco products, or tobacco related devices, or any
felony within the last ten years.
4
(3) The applicant has had a license to sell tobacco, tobacco products or tobacco
related devices revoked within the preceding 12 months of the date of
application.
(4) The applicant fails to provide any information required on the application, or
provides false or misleading information.
(5) The applicant is prohibited by federal, state or other local law, ordinance or
other regulation, from holding such a license.
(6) The location proposed is or has been maintained as a public nuisance, place
of unlawful assembly, disrepute or criminal activity.
Subd. 6. Prohibited sales. It shall be a violation of this section for any person to sell or offer
to sell any tobacco, tobacco product or tobacco related device:
(1) To any person under the age of 1821 years.
(2) By means of any type of vending machine, except as may otherwise be
provided in this section.
(3) By means of self-service methods whereby the customer does not need to
make a verbal or written request to an employee of the licensed premise in
order to receive the tobacco, tobacco product, or tobacco related device and
whereby there is not a physical exchange of the tobacco, tobacco product or
tobacco related device between the licensee or the licensee’'s employee, and
the customer.
(4) By means of loosies as defined in Subd. 2 of this section.
(5) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic, toxic, or controlled
substances except nicotine and other substances found naturally in tobacco or
added as part of an otherwise lawful manufacturing process.
(6) By any other means, to any other person, or in any other manner or form
prohibited by federal, state, or other local law, ordinance provision or other
regulation.
Subd. 7. Vending machines. It is unlawful for any person licensed under this section to allow
the sale of tobacco, tobacco products or tobacco related devices by the means of a
vending machine unless minors persons under the age of 18 are at all times
prohibited from entering the licensed establishment.
Subd. 8. Self-service sales. It is unlawful for a licensee under this section to allow the sale
of tobacco, tobacco products or tobacco related devices by any means where by the
customer may have access to the items without having to request the item from the
licensee or the licensee’'s employee and there is not a physical exchange of the
5
tobacco, tobacco product or the tobacco related device between the licensee, clerk
and the customer. All tobacco, tobacco products, and tobacco related devices must
either be stored behind a counter or other area not freely accessible to customers,
or in a case or other storage unit not left open and accessible to the general public.
Subd. 9. Responsibility. All licensees under this section are responsible for the actions of
their employees in regard to the sale of tobacco, tobacco products or tobacco related
devices on the licensed premises, and the sale of an item by an employee is
considered a sale by the license holder. Nothing in this section may be construed as
prohibiting the city from also subjecting the clerk to whatever penalties are
appropriate under this section, state or federal law, or other applicable law or
regulation.
Subd. 10. Compliance checks and inspections. All licensed premises must be open to
inspection by the local law enforcement or other authorized city official during
regular business hours. From time to time, but at least once per year, the city must
conduct compliance checks by engaging, with the written consent of their parents
or guardians, minors persons between the ages of 18 and 21 over the age of fifteen
years but less than eighteen years, to enter the licensed premise to attempt to
purchase tobacco, tobacco products, or tobacco related devices. Persons Minors
used for the purpose of compliance checks must be supervised by designated law
enforcement officers or other designated city personnel. Persons Minors used for
compliance checks are not guilty of the unlawful purchase or attempted purchase,
nor the unlawful possession of tobacco, tobacco products, or tobacco related
devices when the items are obtained or attempted to be obtained as a part of the
compliance check. No person minor used in compliance checks may attempt to use
a false identification misrepresenting the personminor's age, and all persons minors
lawfully engaged in a compliance check may answer all questions about the minor's
person's age asked by the licensee or his or her employee and shall produce any
identification, if any exists, for which he or she is asked. Nothing in this section
prohibits compliance checks authorized by state or federal laws for educational,
research or training purposes, or required for the enforcement of a particular state
or federal law.
Subd. 11. Other illegal acts. Unless otherwise provided, the following acts shall be a violation
of this section:
(1) Illegal sales. It is a violation of this section for any person to sell or otherwise
provide any tobacco, tobacco product or tobacco related device to any
minorperson under the age of 21.
(2) Illegal possession. It is a violation of this section for any minor person under
the age of 21 to have in his or her possession any tobacco, tobacco product or
tobacco related device. This subdivision shall not apply to minors persons
lawfully involved in a compliance check.
6
(3) Illegal use. It is a violation of this section for any person under the age of
21minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product,
or tobacco related device.
(4) Illegal procurement. It is a violation of this section for any person under the
age of 21 minor to purchase or attempt to purchase or otherwise obtain any
tobacco, tobacco product or tobacco related device, and it is a violation of this
section for any person to purchase or otherwise obtain tobacco items on behalf
of a minorperson under the age of 21. It is further a violation for any person
to coerce or attempt to coerce a minor person under the age of 21 to illegally
purchase or otherwise obtain or use any tobacco, tobacco product or tobacco
related device. This subdivision does not apply to a minor person lawfully
involved in a compliance check.
(5) Use of false identification. It is a violation of this section for any minor person
under the age of 21 to attempt to disguise his or her true age by the use of a
false form of identification, whether the identification is that of another person
or one on which the age of the person has been modified or tampered with to
represent an age older than the actual age of the person.
(6) Location. The location proposed is or has been maintained as a public
nuisance, place of unlawful assembly, disrepute, or criminal activity.
(7) Obstructing compliance check. It is a violation of this section for any
applicant or their employees to warn or notify another license holder in
advance of the compliance check.
Subd. 12. Violations.
(1) Notice. Upon discovery of a suspected violation, the alleged violator must be
issued, either personally or by mail, a citation that sets forth the alleged
violation and which informs the alleged violator of his or her right to be heard
on the accusation.
(2) Hearings. If a person accused of violating this section so requests, a hearing
must be scheduled, the time and place of which shall be published and
provided to the accused violator.
(3) Hearing officer. The city council may serve as a hearing officer or appoint a
hearing officer as they see fit.
(4) Decision. If the hearing officer determines that a violation of this section did
occur, that decision, along with the hearing officer’'s reasons for finding a
violation and the penalty to be imposed under Subd. 13 of this section, must
be recorded in writing, a copy of which must be provided to the accused
violator. Likewise, if the hearing officer finds that no violation occurred or
7
finds grounds for not imposing any penalty, the findings must be recorded
and a copy provided to the acquitted accused violator.
(5) Appeals. Appeals of any decision made by the hearing officer must be filed
in the district court for the jurisdiction of the city in which the alleged
violation occurred.
(6) Misdemeanor prosecution. Nothing in this subdivision will prohibit the city
from seeking prosecution as a misdemeanor for any alleged violation of this
section. If the city elects to seek misdemeanor prosecution, no administrative
penalty may be imposed.
(7) Continued violation. Each violation, and every day in which a violation
occurs or continues, constitutes a separate offense.
Subd. 13. Penalties.
(1) Licensees. Any licensee found to have violated this section, or whose
employee violates this section, must be charged an administrative fine of
$75.00 for a first violation of this section; $200.00 for a second offense at the
same licensed premises within a 24 month period; and $250.00 for a third or
subsequent offense at the same location within a 24 month period. In addition,
after the third offense, the license must be revoked. Funds received by the city
as administrative fines must be kept in a separate fund to offset expenses
associated with the tobacco enforcement program except that no part of these
funds may be used to pay expenses associated with an administrative hearing
officer.
(2) Immediate revocation. In the event of a felony committed by the licensee,
occurring on the licensed premises, the city council is authorized to
immediately proceed to a license revocation and need not employ a hearing
officer and need not proceed under subsection (1) of this subdivision.
(3) Other individuals. Other individuals, other than minors persons under the age
of 21 regulated by subsection (4) of this subdivision, found to be in violation
of this section will be charged an administrative fee of $50.00.
(4) MinorsPersons under the age of 21. Minors Persons under the age of 21 found
in unlawful possession of, or who unlawfully purchase or attempt to purchase
tobacco, tobacco products or tobacco related devices will be ordered to
perform community work service and undergo assessment and counseling by
the Youth Service Bureau of Washington County.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
8
This amendment is in accordance with the Federal Food, Drug and Cosmetic act, raising
the minimum age of the sale of any tobacco product, including cigarettes, cigars and e-
cigarette products from 18 to 21 years.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2020.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Board of Commissioners
Fran Miron, Chair, District 1
Stan Karwoski, District 2
Gary Kriesel, District 3
Wayne A. Johnson, District 4
Lisa Weik, District 5BOARD AGENDA
March 17, 2020 - :0 PM
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call (651) 430-6000
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
1. 2:30-3:10 PM Board Workshop with Public Health and Environment
A.Presentation and discussion on the Lower St. Croix One Watershed One Plan.
2. 3:10-3:55 Board Workshop with Administration
A.Discuss 2021 budget development, guidelines and principles.
3. 4:00 Roll Call
Pledge of Allegiance
4. 4:00 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.
5. 4:10 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.Approve county comment letter of the draft City of Afton Comprehensive Plan.
B. Approval of Master Grant Agreement No. 13329 between Washington County Community
Services and the Department of Employment and Economic Development (DEED) for the time
period of April 1, 2020, through March 31, 2025.
C. Approve revisions to Personnel Rules and Regulations, Section #1, Purpose, Adoption and
Administration.
D. Approve revisions to Human Resources Policy 5015A, Federal Omnibus Transportation
Employee Testing Act and Related Regulations Implementation Policy.
E. Adopt a resolution to approve an application from Greeder Hinds Comfort Post 323 Auxiliary
to conduct off-site gambling at the Washington County Fairgrounds, July 29, 2020, through
August 2, 2020.
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call (651) 430-6000
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
7. 4:30 General Administration - Kevin Corbid, County Administrator
A.Legislative Update
8. 4:40 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.
9.Board Correspondence
10. 5:00 Break / Open House
11. 6:00 Public Hearing - Public Works - Wayne Sandberg, Deputy Director/County Engineer
A. Conduct a public hearing on an update to the current Washington County transportation sales
tax pursuant to Minnesota Statute 297A.993.
12. 7:00 Adjourn
G. Approve permanent use of fund balance in an amount not to exceed $70,000 from the Capital
Repair Fund 411 to complete the Sheriff’s Department Gun Range Renovation Project (BSD-
PWN-2001) located at Public Works North Shop.
F. Approve Amendment No. 2 to Contract No. 11249 with Kraus-Anderson Construction in the
amount of $278,191 for budgeted services to complete the Wildwood Library project (BSD-
WWL-001).
Consent Calendar FRQWLQXHG
6. 4:10 Public Works - Andrew Giesen, Engineer II (item A) - Don Theisen, Director (item B)
A. Approval of Contract No. 13273 with Kimley-Horn and Associates, Inc. to perform
preliminary design and final design services in the amount of $555,128 for Phase 3 of County
State Aid Highway (CSAH) 5 (Stonebridge Trail) - Sycamore Street to Trunk Highway
(TH) 96 project (RB-2639).
B.Present awards to Washington County Public Works staff.
Washington
; _;County
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
March 10, 2020 - 9:00 AM
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call (651) 430-6000
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
1. 9:00 Roll Call
Pledge of Allegiance
2. 9:00 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.
3. 9:10 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 11, 2020, and February 25, 2020, County Board meeting minutes.
B. Adopt a resolution to waive daily vehicle permit fees, allowing free entry into Washington
County Parks on April 25, 2020, in honor of the 50 year anniversary of Earth Day.
C. Approval of Change Order No. 3 for Contract No. 12838 with Action Fence Inc. in the amount
of $660.00 for work on the Wildwood Library Project (BSD-WWL-001).
D. Approve Grant Agreement No. 13295 with Minnesota Department of Public Safety in the
amount of $322,980 to be used for sex trafficking investigations and training for the period of
January 1, 2020, through December 31, 2021, and authorize its execution pursuant to Minn.
Stat. 373.02.
E. Approval for the Sheriff's Office to accept the 2019 State of Minnesota Federal Boating Safety
Supplemental Equipment Grant Agreement No. 13300 through the Minnesota Department of
Natural Resources in the amount of $33,596.
F. Approve an amendment to Grant Agreement No. 12519 with the Office of National Drug
Control Policy in the amount of $10,000 for the period of January 1, 2019, through December
31, 2020, and authorize its execution pursuant to Minn. Stat. 373.02.
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EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
B. Approve Contract No. 13267 in the amount of $158,890 with LinnCo, Inc. for the County State
Aid Highway (CSAH) 21 (Stagecoach Trail) Culvert Replacement Project (RB-2216).
C. 1. Award bid authorizing execution of Contract No. 13244 in the amount of $10,505,828.50
with S.M. Hentges & Sons, Inc. for the County State Aid Highway (CSAH) 18 (Bailey
Road) Woodlane Drive to CSAH 13 project (RB-2512).
2. Approve construction cost share Cooperative Agreement No. 13187 between the City of
Woodbury and Washington County for the period from signature through project completion
for the CSAH 18 Woodlane Drive to CSAH 13 project.
3. Approve Maintenance Agreement No. 13188 between the City of Woodbury and
Washington County for the period from signature through perpetuity, for the CSAH 18
Woodlane Drive to CSAH 13 project.
4. Approve permanent use of fund balance in an amount not to exceed $700,000 from the Road
& Bridge Capital Projects Fund 414 for the CSAH 18 Woodlane Drive to CSAH 13 project.
5. 9:40 General Administration - Kevin Corbid, County Administrator
A. Adopt a resolution appointing Deputy County Administrator Jennifer Wagenius as County
Auditor-Treasurer.
B.Adopt revised 2020 Legislative Priorities item related to transit capital taxing district.
C.Legislative Update
6. 9:55 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.
7.Board Correspondence
8. 10:15 Adjourn
4. 9:10 Public Works - Morgan Abbott, Engineer II (item A)
- Allan Brandt, Engineer II (item B)
- Wayne Sandberg, Deputy Director/County Engineer (items C1-C4)
A. Approve Contract No. 13303 with Alliant Engineering Inc. in the amount of $399,250 for the
County State Aid Highway (CSAH) 33 (Everton Avenue North) Pedestrian & Safety
Improvement Project (RB-2611).
Washington
; _;County
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A. Review potential options for joint development of a West Central Service Center along the
Gold Line Bus Rapid Transit line.
11. 12:00-12:20 Break
12. 12:20 Personnel Committee
13. 12:50 Finance Committee
9. 10:20-10:50 Board Workshop with Property Records and Taxpayer Services
A.Review assessment year 2020/pay 2021 property valuations.
10. 10:55-11:55 Board Workshop with Public Works
Washington
; _;County
STILLWATER TOWN BOARD MEETING
February 27, 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 and Planner
Merritt Clapp-Smith
7:00 P.M. – Public Hearing – Raleigh/Miller IUP/CUP Renewal
Pursuant to notice in the Stillwater Gazette and to surrounding property owners, a
public hearing was held to consider a request from MJ Raleigh Trucking and Miller
Excavating to renew their Interim Use Permit and Annual Operating Permit for a mining
operation at 15250 100th Street North, Stillwater, Minnesota. Made a part of the record
are the names and addresses (65) of attendees at the hearing.
Chair Sheila-Marie Untiedt opened the Public Hearing and reviewed the format for the
hearing. She introduced Planner Merritt Clapp-Smith who gave an overview of the
application along with her recommended conditions for possible renewal.
The Interim Use Permit addresses operations within the mine property and will run for
five years. She reviewed her staff report dated February 20, 2020.
The Annual Operating Permit is an annual permit which allows the Township to review
how the permit has been complied with in the previous year. Planner Clapp-Smith
highlighted concerns from the previous year which include
x The high volume of truck trips to/from the site
x Vibration caused by passing trucks
x Soil and mud tracked from the pit onto local roads
x Dust from some trucks
x Loud banging from trucks
x Soil erosion onto Highway 95 after two heavy rain events
She reviewed her recommended conditions.
There were the following comments and questions from the audience:
x Brian Frieremuth – They have lived here over 25 years on property that adjoins the
Raleigh mine. The mine is getting closer and closer to his home and there is much
more rumbling and back-up noise. There is a new road by their fence line and
they hear noise even with their windows closed. He is concerned about asphalt
leaching into the aquifer. County Road 11 was redone a few years ago and now it
has cracks and wear. More needs to be done with respect to regulations and
limiting their hours.
Stillwater Town Board Mtg. – 2/27/20 Page 2
x Diane Johnson – The reports by the Planner are alarming and disturbing. This has
grown into an industrial operation which conflicts with our Vision Statement.
Agreements have not been adhered to. The number of trips has increased
significantly. Other expectations in the AOP have not been complied with. She is
concerned about contaminants requiring wells to be closed. She recommends that
trips be limited to 9am to 4pm and that there be no recycling.
x Richard Schubert – His family has been here for 100 years and he has been here for
about 50 years. We all need sand and he appreciates that there is a hauler in the
Township to provide that. He referred to comments from the Washington County
information meeting where most people are looking for increased regulations and
more monitoring with respect to what goes into the pit. The rural township
atmosphere we all love is changing. He has seen a large increase in the size of
their operation since 2015. The Township has the right to make any laws we
want. The AOP should go back to the 2015 or 2010 level of trips.
x Jean Smith – 100th Street runs on the other side of her property. She has been to
all meetings on this subject and is frustrated that we cannot legally do something.
What can we do to get more control? Sheila-Marie Untiedt – Since this is an
existing grandfathered use, we can only give guidelines. Richard Schubert – The
use has changed. Untiedt – They are still doing the same kind of use.
x Dave Junker – He is on the City Council and he represents downtown. The number
one complaint he has received is about the number of truck. They have set up
police stations on the north end of downtown to monitor speeds. For a number of
years, he received no calls on this. He has great respect for this business for
them personally.
x Janna Albertson – She has been coming to these meetings since 2013. They live
about 20 feet from the road and this has been going on for years. She does not
understand the grandfathered issue. They are taxpaying citizens. One business
controls them all. They are entitled to something for their taxes. If we shorten
the hours, they will still have the same number of trips.
x Jan Hayne – She lives directly adjacent to the pit. Every year they have come
closer to her property line. He dogs bark consistently from 7:00 in the morning
and she feels vibrations in her feet. Her well is the closest to the pit and she is
unsure how this will impact the value of her home. There has been increase in
dust and dirt which are health concerns. She sees this as a different operation
since Miller started.
x Bret Coen – He has been here for 56 years. The economy is going well and people
need materials. With respect to water, where does the salt on the roads go?
What is the big deal here?
x Peggy Hanson – The last stretch of road used to be her favorite part of her day but
that is no longer true. The last section of road has changed with truck traffic
which is not appropriate for a rural road. This is a negative impact on our
community. This business seems more important than the rest of our community.
How can we enforce the conditions? Mike McMahon – Minnesota Law says we can
ultimately phase out grandfathered uses.
x Diane Johnson – If something is deemed a public nuisance, then there is a legal
recourse.
x Margaret Doyle – Since we cannot enforce the number of trips per day, who can?
What recourse do we have? Ann Pung- Terwedo – The roads around the pit are
Stillwater Town Board Mtg. – 2/27/20 Page 3
county roads and are truck routes which are designed to accommodate truck
traffic. Doyle – Who has the authority to take action if the numbers are not being
adhered to? Why are there numbers in the permit if they are not enforced?
x Dean Sather – A class actions suit should be considered.
x Gary Kriesel – The County will consider this on March 24th at 7:00 p.m. The
Township can be more restrictive than the County. Our county roads are built to
accommodate truck traffic. Pung-Terwedo – We can check with our traffic
engineer. Kriesel – All comments from the open house will be made available to
their planning commission before their meeting.
x Lisa Hanson – Is there any discussion of some kind of legislative action? Are the
County, City and Township talking to one another? Untiedt – Yes. Pung-Terwedo
– We got input from the informational meeting. They have been working on a
plan that is consistent with County and Township regulations. Clapp-Smith – She
cited the Minnesota Legislative Aggregate Resources Task Force. Untiedt – There
is tension between the need for the materials and the impact it has on the
community.
x Kim Gibson – Does the rating on Stonebridge relate to the volume and weight of
truck traffic? Pung-Terwedo – Yes.
x Josh Hanson – Raleighs have been part of the community for a long time. There
has been a fundamental shift in the use of the property since 2015. How do we
get back to that point? We are not hearing good answers.
x Barry Dayton – He lives about one half mile west of the pit. Does this operation
provide revenue to the Township? Untiedt – There is a gravel tax to the County of
which we receive a portion.
x Zachary Meyer – This is a good example of an organization that has good
accounting, but there is a failure to hold them accountable. We need more
accountability. Stonebridge is rippled.
x Kent Johnson – How many other pits are there in the County. Many have closed.
This puts more pressure on the Raleigh pit. If we limit the hours, then projects
will take longer to complete. Where will the material come from?
x Richard Schubert – Gary Kreisel said that the Township can be more restrictive than
the County. He wants the pit to stay open, but it has changed. Some trucks have
dolly wheels which are not being used and they are in violation.
x Bob Clift – When does this come to an end? Will the pit continue to expand since
there is no regulation that is enforceable? Mike Raleigh – The land hasn’t
changed. When the material is gone, it’s gone. Clift – Is there an estimate?
Steve St. Claire – They estimate a 30 year reserve, but it depends on volume.
They anticipate the use in 2020 to be less than in 2019. They try to schedule
contract work with their own work. McMahon – Every year the line has been that
they plan to get back to the guidelines. Zachary Meyer – The weather doesn’t
seem to matter since we have seen increased traffic constantly. Why not approve
only a one year permit and review the numbers after one year?
x Peggy Hanson – A CUP is in effect as long as the conditions are observed. Rod
Hunter – A CUP is what the County has.
x Frank Countyman – He is not affected by the truck traffic personally. The
population in the state of Minnesota, the County and the 7 county metro area is
increasing. The Metropolitan Council has mandated increasing all of the work.
The numbers are based on past performance and we cannot anticipate future use.
Stillwater Town Board Mtg. – 2/27/20 Page 4
x Mary DeSchane – The market does have the capacity to handle the population
growth. They are not being held accountable to limits. We all share these roads
and they are steep and curvy with blind driveways. It is unreasonable that this
community is given the answer that we cannot do anything. At what level is there
too much traffic?
x Duane Burmeister – He has been here for 50 years. The trucks don’t bother him.
They run a good operation and they need to stay in business. They are a class
operation.
x Mitch Reiners – The Raleighs do a good job, but he has a problem with the change
in operation. Miller has a pit in Baytown. Why have they moved here? The pit in
May does not allow outside operators.
x Jan Hayne – This has been the busiest winter they have ever had. St. Claire – It
has been a mild winter and they are doing projects within the pit to get ready for
next year. Hayne – This is part of the change that makes it difficult.
x Barbara Medinger – She has lived there over 40 years. This has grown out of
control. They are accelerating through their gear changes. She is also concerned
about public safety. Please help us.
x Bernie Zeruhn – He echoes the earlier comments, but balance is important. Anyone
who lives on Otchipwe uses Stonebridge for their route. It is a dangerous road.
They use it multiple times a day and all of the trucks make it very dangerous.
x Carson Schifsky – How often is the guideline for trips increased? Untiedt – They are
reviewed annually. Clapp-Smith – It hadn’t been raised for a number of years but
last year it was raised to be closer to the actual amount. Schifsky – How were the
guidelines established? Mike Raleigh – He had spent a lot of time with Fred
Brandt to come up guidelines which were originally set up for Stonebridge.
x Alice Maken – She has been here for 3 years and has worked with Haines and the
Shifskys. She has seen massive increases and is concerned about accountability.
What about the recycling that comes in? Can Raleighs do anything voluntarily?
x Scott Dunlap – He lives in Baytown and has also noticed an increase out of that pit.
We should look for a compromise. The traffic by his house has increased a lot.
Stonebridge is a winding road. They need to be reasonable and good neighbors.
x John Kipp – He is concerned about noise, dust and traffic. If materials are being
brought in for recycling, is there any analysis of what it is? Pung-Terwedo- That is
part of the County permit. Washington County Public Health will review this as
part of their permit process.
x Chad Junker – He has lived here for 52 years and worked for both Raleigh and
Miller. Their trucks are the livelihood of our community.
x Mary Lemon – She agreed with Chad Junker. The truck industry pays on an hourly
rate so it is to the truckers’ advantage to go slow. They make more money. A lot
of the trucks using the pit are not Raleigh or Miller trucks.
x Chad Junker – Are they are accident reports? Pung-Terwedo- We can review that.
The public hearing was closed at 8:50 p.m. The record will remain open for 10 days for
written comments.
8:50 p.m. – Regular Meeting
1. AGENDA – M/S/P Hunter/Sinclair moved to adopt the agenda as written. (5 ayes)
Stillwater Town Board Mtg. – 2/27/20 Page 5
2. MINUTES – M/S/P Haines/McMahon moved to approve the February 13, 2020
Stillwater Town Board Meeting minutes as written. (5 ayes)
3. RALEIGH/MILLER AOP/IUP RENEWAL – The consensus was to table this until the
next regular meeting on March 12 so that more information can be obtained especially
with respect to:
a. General Liability Insurance including environmental coverage
b. Can we make the setbacks wider
c. Better understanding of what Minnesota Statutes provide for aggregate mining
d. What hours of operation should apply
4. ANNUAL MEETING REPORTS – Bonnie Haines will give an update at the Annual
Meeting regarding the Park Committee.
5. LETTER OF SUPPORT FOR CSAH 15 AND TH 36 PROJECT – M/S/P Sinclair/McMahon
moved to authorize the Chair to sign the letter of support from Stillwater Township. (5
ayes)
6. MAILBOX REPLACEMENT POLICY – The replacement policy will remain the same
which is similar to MN Dot’s policy.
7. PLANNING COMMISSION SEMINAR – The Planning Commission will be informed
about the seminar by GTS and will be reimbursed by the Township if they wish to
attend.
8. WASHINGTON COUNTY HERITAGE CENTER – This is part of our budget.
9. ADJOURNMENT – The meeting was adjourned at 10:00 p.m.
Clerk______________________________________
Chairperson_________________________________
Approved___________________________________