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HomeMy WebLinkAbout2006-02-07 CC Packet . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-03 Council Chambers, 216 North Fourth Street February 7,2006 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Human Rights Award Discussion 2. Discussion with Chuck Doherty regarding land 3. Control and Timing of Future Development Activity 4. Library Project Update 5. Request to hire full-time firefighter/engineer STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 5. 6. 7. City Attorney 8. Finance Director 9. City Administrator CALL TO ORDER .OLL CALL APPROVAL OF MINUTES - Possible approv 17,2006 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATI 1. Swearing in of Officer Bri Mueller 2. Presentation of Certificate of Ap OPEN FORUM The Open Forum is a portion of t the meeting agenda. The Council to staff regarding investigation of the meeting to address Council on subjects which are not a part of take action or reply at the time of the statement or may give direction ncerns expressed. CONSENT AGENDA* 1. Resolution 2006-35, directing payment of bills 2. Resolution 2006-36, accepting proposal and awarding contract for the service of portable restrooms in Stillwater Parks 3. Approval to purchase computer for Engineering Department - MIS 4. Approval to renew the City's subscription to the antivirus software package 5. Resolution 2006-37, approval of maintenance agreement for SignCAD 6. Resolution 2006-38, accepting work and ordering final payment for South Main Street Parking improvements (Project 2004-05) 7. Possible approval of American Diabetes Association Walk Special Event - October 7,2006 ~BLlC HEARINGS .. 1. Case No. SUP/06-02. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Craig Mevissen, representing SuperValu, for a special use permit for a fuel center located at 1801 Market Drive (CUB Foods) in the BP-C, Business Park Commercial District. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 27,2006. 2. Case No. ZAT/06-01. This is the date and time for a public hearing to consider a request from City of Stillwater for a Zoning Ordinance text amendment establishing a New Neighborhood Conservation District and Design Guidelines for infill development in the Conservation District; . Case No. ZA T/06-02. A Zoning Ordinance text amendment revising the Duplex Residential District, RB, regulations regarding lot coverage, building height setbacks as an element of the Neighborhood Conservation Program. Notice was published in the Stillwater Gazette on January 27,2006 and Case No. ZAM/06-01. A Zoning Ordinance map amendment applying Neighborhood Conservation Overlay District Regulations. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 27,2006. UNFINISHED BUSINESS NEW BUSINESS 1. Possible approval of Nature Valley Grad Prix 2. Possible of advisory committee recommendations - Lumberjack Days 3. Possible approval of feasibility study of Second & Nelson Storm Sewer Improvements - Project 2006- 08 (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATION COMMUNICA TIONS/REQUESTS * All items listed under the consent agenda enacted by one motion. There will be no s citizen so requests, in which event, th separately. . COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT d to be routine by the City Council and will be ussion on these items unless a Council Member or removed from the consent agenda and considered . 2 ~ .' . . . City of Stillwater Human Rights Award Each year the Stillwater Human Rights Commission accepts nominations for the Stillwater Human Rights Award. Throughout the community, people work to build an environment that promotes fair and equal treatment for everyone. Their special efforts are often unrecognized outside of their own circle of friends, co-workers and neighbors. The intent of the Stillwater Human Rights Award is to recognize worthy individuals, organizations and businesses, and support them in their efforts. Eligibility: 1. The nominee must be an individual, business or organization that resides, works or volunteers in the City of Stillwater, and whose actions promoting respect for all people have occurred primarily in the City of Stillwater. 2. The nominee's activities proposed for recognition should be related to enjoyment and protection of human rights without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Added weight will be given for activities of a nominee that have occurred over an extended period of time. 3. The nominee's activities must either be voluntary or be above and beyond the usual job responsibilities of an employee or the usual customer relations practices of a business or organization. 4. Members of the Stillwater Human Rights Commission and their immediate families are ineligible for the award while serving on the Commission. Members of the Stillwater City Council and their immediate families are ineligible for the award while serving on the Council. Nomination Process: Nominations should be submitted on the attached Nomination Form. Additional forms are available at City Hall or by calling 651-430-8800. Nominations must be returned by May 1 to: Stillwater Human Rights Commission Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Selection Process: The recipient will be selected by a panel of judges comprised of members of the Stillwater City Council and the Stillwater Human Rights Commission. The judges may give special consideration to activities that have occurred for an extended time, at least part of which have taken place during the current year, and that have had a significant impact on an affected group or individual. Recognition: The award is presented in a ceremony at the City Council meeting on the third Tuesday in May. The recipient will receive an inscribed plaque. In addition, the recipient's name will be inscribed on a plaque permanently displayed in the Stillwater City Hall. Other nominees will receive a certificate of appreciation. All nominees will be named in press releases about the award. Questions: Questions may be directed to Stillwater City Hall, phone (651) 430-8800. ")... '. . . . " . . . Stillwater Human Rights Commission Judging Criteria for Human Rights Awards This award is for specific activity that has enhanced or protected human rights in the City of Stillwater, Minnesota. The Minnesota Human Rights Law (MS 363) win help to define "human right" for purposes of this award. Especially, the award will not be given for work, though praiseworthy, in "human services" such as programs for substance abusers; battered spouses, and other such social programs. The nominee must either be a resident of the City of Stillwater, or work or volunteer in the City of Stillwater at the time the contribution was made. The contribution must represent a substantial effort toward winning or preserving equality and justice for groups of people whose circumstances make them vulnerable to prejudice, discrimination, or injustice. Vulnerable groups may be (but need not necessarily be) the "protected classes" defined in the Minnesota Human Rights Law, namely, those who may suffer discrimination because of race, color, creed, religion, national origin, sex, marital status, sexual orientation, disability, dependence on public assistance, age, or family status. The contribution may be in the form of one act, or a series of activities over a period of time. Judges may give priority to nominees whose contributions had an impact on a substantial number ofStiUwater residents (perhaps among others). Judges may give priority to nominees whose contributions extend to statewide, rather than just to local, significance. Judges may give priority to nominees whose contributions affected more than one class of vulnerable people. Judges may give priority to nominees whose main mission or purpose is to protect/enhance rights, rather than to those whose contribution occurred as an accident or byproduct of their work. Judges may give priority to nominees whose contributions were made more recently, such as during the 14 months prior to the presentation of the award. Judges may decide to give no award. 'L. '. A Proposal . City of Stillwater Annual Human Rights Award "The pmpose of the Human Rights Commission is to aid and advise the City Council in ensuring for all citizens of the City equal opportunity in those areas protected by lau! and in other related concems." City of Stillwater web site. The Stillwater Human Rights Commission believes the city deserves publicity about positive things happening here related to human rights. To that end, we propose that the City Council establish an Annual City of Stillwater Human Rights Award Throughout the community, people work to build an environment that promotes fair and equal treatment for everyone. Their special efforts are often unrecognized outside of their own circle of friends, co-workers and neighbors. The intent of the Stillwater Human Rights Award is to recognize worthy individuals, organizations and businesses, and support them in their efforts. Modeled after human rights awards in other Minnesota cities, as well as the highly successful Community Involvement Awards sponsored by Community Volunteer Service and awarded at Washington County Board meetings, this annual award would recognize significant contributions to human rights in Stillwater, and honor the people who made those contributions. Because the award would be given by the City Council at a council meeting, it would show that . the City of Stillwater promotes an environment of respect for all people. Numerous examples exist of individuals, organizations and businesses in our city modeling respectful behavior and promoting understanding between people of other backgrounds. Teachers and clergy come to mind first, but many other individuals, businesses and organizations contribute to a respectful community as well. Once the awards are announced, quiet acts by others are more likely to be noticed. Press releases, award guidelines and nomination forms will be sent to city newspapers, churches, organizations and businesses, as well as published in the city newsletter. Members of the Human Rights Commission and the City Council will sit on the committee reviewing the nominations. The award winner will receive an engraved plaque at a short ceremony at the beginning of a City Council meeting. In addition, the recipient's name will be inscribed on a plaque permanently displayed in Stillwater City Hall. Other nominees will receive certificates of appreciation and be named in press releases about the award. Depending on the award-winning activity, the recipient may be nominated for other awards at the county, state or national level. This is an award that won't cost the city much in dollars, but will have multiple benefits. It spotlights people doing good things and gives the community new role models. It shows that the City Council supports human rights and honors people who promote respect for all. It's the sort of thing that will reverberate respect and good will throughout the community. . ~. . . . City of Stillwater Human Rights Award Nomination Form Submit by May 1 to: Stillwater Human Rights Commission Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Nominee Name: Address: City, State, Zipcode: Organization: Telephone number: Day Evening Nominated bv Name: Address: City, State, Zipcode: Organization: Telephone number: Day Evening Please answer the following six questions about the nominee. If additional space is needed, attach a separate page. 1. How did the nominee further human rights in the City of Stillwater? Please list specific actions or activities. 2. How did nominee's actions/activities benefit the Stillwater community? 3. When and where did these actions/activities take place? Is it/are they ongoing? Please describe. 4. Who was the principal beneficiary of the nominee's activities/actions? .... 5. Is there any other information about the nominee which might facilitate the Commission's decision? . 6. Please list any other people who would support this nomination. Include their phone numbers. . . MAGNUSONLAWFmM . LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET' SUITE #202 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (651)439-9464 . FAX: (651)439-5641 DAVID T. MAGNUSON MARGARET M. MURPHY MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: February 3,2006 RE: Lumber Barron's Proposed Trade of Property City Charter provisions must be followed if the Council favors a trade of property as proposed by the developers of the Lumber Barron's Hotel. . Ordinarily, before a land trade could be considered by the Council a finding of statutory authority permitting the action and a finding of a lawful public purpose would be required. In the case of City owned land that has once been devoted to open space or natural use, however, an additional level of regulation is involved. Article 16 of our City Charter, adopted by the City in 1994, provides that the character or use of this land cannot be changed unless the proposal has broad based public support. The Charter provides that once property has been devoted to park, recreational, open space or natural use, the property cannot be sold, leased, disposed of, developed or used in any manner inconsistent with that use or have its character substantially changed or altered unless done in compliance with the Charter. In the case of the land to the east of the parking lot and north of Myrtle, since the property was purchased in part for the enlargement of Lowell Park, the . property, no doubt, has been devoted to park use or, at least, natural or open space use. In this instance, the Charter provides that the Council must prepare a summary of not less . than 50 but not more than 300 words, setting forth, in substance, the nature of the proposed trade including the price, terms, date of possession and the intent and proposed use. This summary must be published once each week for four consecutive weeks in the legal newspaper of the City and, thereafter, the City Council must conduct a public hearing on the proposal. Thereafter, the proposal may be approved by an affirmative vote of 4/5ths of the members of the City Council and their action must be evidenced by the adoption of an ordinance adopting and authorizing the sale or use of the property. Once passed, the ordinance must then be published but does not become effective until thirty days after its publication. If, within the 30 day waiting period a Petition requesting a Referendum on the ordinance is filed with the Clerk and the Petition is signed by 2% of the total voters who cast votes in the last City election, the ordinance does not then become effective unless approved by a majority of . votes cast on the question. It makes sense that a proposal to consider the trade of this City property should not be seriously considered unless, in the first instance, the proposal makes sense to at least 4/5ths of the members of the City Council. Absent such support, it would seem a waste of City funds to expend both money and energy on the consideration of such a proposal. Respectfully submitted, David T. Magnuson Stillwater City Attorney DTM/jmo . 2 . ... II" A . . . MEMORANDUM TO: Mayor and City Council \~ FROM: Klayton Eckles, Director of Public Works DATE: February 2, 2006 SUBJECT: Control and Timing of Future Development Activity DISCUSSION At the previous City Council meeting staff presented some challenges concerning workload related to development activity and engineering issues in the City in general. As we discussed, there are 14 tracts of property that are currently in discussion for possible development. The Council directed staff to prepare a potential solution to the large wave of development activity that's pending. Because most of the property in question resides in the expansion area, and much of it is scheduled for 2015 annexation, the City has significant authority and prerogative concerning the rate at which this development occurs. Under the orderly annexation agreement, property does not get annexed into the city early unless the City, the Township, and the property owner all agree that it is appropriate. Therefore the City Council can use its authority and prerogative to set some guidelines and restrictions on how we might consider development activity in the expansion area. Property that currently is not within the city has very little rights and expectations should be limited. Given that there are at least 14 properties and some of these would develop in a number of phases, spreading these out over at least a 4 year period would yield a more uniform development rate of about 5 developments per year. In order to prioritize which developments might be eligible to come in earlier staff looked at a number of issues. We looked at whether the property has already been through or currently are in the approval process, we also looked at whether or not the property is currently within the City. Using this approach the following parcels will need to be accommodated in 2006. · Liberty West - This property has already received preliminary plat approval · Royal Oaks Realty Business Condos - This project has received approval from the City Council. · MiIlbrooklPalmer Site - This site has been in the review process for over two years and it moving towards preliminary plat approval. Also it is in the Phase 3 Annexation Area. ..'... ...-. · Settler's Glen 9th Addition - This is a previously approved preliminary plat and it . has already been annexed into the City. · McKenzie Miesterling - This property is currently in discussion with city staff All of parcels involved are currently within the City. This list would make 2006 a very full and active year. For 2007 there are a number of projects that will likely want to move forward and have some justification for doing so. Recommended parcels for consideration include: · Bruggeman Development - This property located off Boutwell Road will see trunk facilities installed in 2006. This property owner has been working for several years to put together development concept involving a number of parcels. · Carlson Property - This property located at the NW intersection ofMcKusick and Neal is cooperating in the trunk utility extension to serve MiIlbrook. It adjoins MiIlbrook and would be fairly easy to serve. · Mary Lane Parcels - On Mary Lane near Manning and McKusick Road there are 3 tracts working towards development. Trunk utilities will pass through this area in order to serve Millbrook therefore its likely one of these will be eligible and ready for development in 2007. · The parcel located at the NE corner of County Rd 12 and 15. This one has been under consideration for a couple of years and services are available. Looking out further into the future, in 2008 and 2009, priorities could be reconsidered. But . some of the parcels that would see additional effort would include future phases of Millbrook, the Bergmann Property, the Heifort Property, additional properties off of Mary Lane and additional properties off of Boutwell Road. Obviously reprioritizing can occur each year but 2006 it is recommended that City Council adopt the timeline presented in order to set some expectations for landowners in the area. RECOMMENDATION If Council concurs with the timeline presented, Council should consider passing a resolution adopting a policy of controlled growth in the expansion area that is managed according to the timeline presented in this memorandum. . J L n ON:GLEN OM WU ' Lake OAK CT !k RD GRE E O Ct e.a k io 11f mpT B r o w n --- 2 pp Q JOHN N S. U XATEL ST _ tl 9 LL` ry Ne uscK ty w PN T01, MAL4R Il/,.L 9 Jean a Fy ro v RNR. SETTLERS*: 14v R G" DEVELOPMENT GLEN•` DEL d' h W MDOR Si a ll^I,IV'TpZp9yyyyyt,,,, y' Y' P n y SvC M C ryE J Z W J{ c' c m SYCAMO E 51. 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CVRVECREST Q+ NSW SM STlla ' VM ST • Epnl' O g HTRitlET CA N a z N TOw£R OR H STATE ,~ . . . Stillwater Fire Department Memo To: ~rom: Mayor ~mble and Council C Stuart W. Glaser, Fire Chief ~p- January 25, 2006 Requestto Hire Full-- Time FirefighterlEngineer Date: .. Backgroun~ Council approved the Fire Departmenfs proposed 2006 budget at the December 20 Council meeting whichincfudedthe recommendation of adding one (1) additional Full-time FirefighterlEngineer. As you recall, during the 2006 budget preparation cycle the Fire Department, with the support of the City Administrator, requested to add one (1) additional Full-time FirefighterlEngineer position to its staff. This request was made due to, personnel safety, increasing calls for service and the ever increasing overtime costs being expended to cover for shift vacancies when current staff is using vacation, compensatory time off or sick leave. The additional FirefighterlEngineer will also help the Department move cJoser to meeting recognized full-time fire service staffing guidelines and complying with Occupational Safety and Health Administrations (OSHA) standards. In an effort to help offset the cost of the new position, the Fire Department applied for the Federal Department of Homeland Security's Staffing Adequately for Fire and Emergency Services (SAFER) Grant Unfortunately the Department was not awarded this grant assistance. However, in preparation for the additional position the Departmenfs budget was modified to account for the cost of hiring this new employee. 2006 Department Budget modifications include: 1. $12,600.00 reduction in requested 2006 overtime salaries 2. $15,000.00 reduction in requested 2006 paid-on-call salaries 3. $56,000.00 reduction in requested 2006 capital outlay expenses I have also included detailed background information for your review regarding this request. Recommendation: Council decision to proceed with hiring a Ful~time FirefighterlEngineer: Encl: 2006 Staff Request Justification ~. 2006 Staff Request Justification The following information is provided to assist in defining the need to hire additional line staff for the . Stillwater Fire Department. Issues Currentlv Occurrine: Due to Insufficient Staffine: · Currently SFD is not meeting recognized staffmg standards potentially compromising safety. · Full-time duty staff is forced to work numerous consecutive hours in a row, e.g., 36-72 hour shifts are not uncommon. · Part-time personnel are less available to cover the vacancies due to their full-time job commitments and personal schedules. · Administrative staff is being required to perform two jobs. Cover vacant shift hours plus perform administrative duties. · Significant amount of overtime being accrued by duty staff. Personnel Request ProDosal The proposal is to request one (1) additional Full-Time Firefighter/Engineer to staff daily duty crews. This staffing pattern will allow the following: I. Additional duty person would work a flexible 53-hour workweek average to cover vacancies and supplement daytime staffmg needs. 2. Increase the safety of our current operations by adding additional personnel to work toward meeting minimum staffing standards (4 personnel) for the initial arriving engine company IA NFP A 1720. This staffing pattern increases crew safety and allows for additional required-j. tasks to be completed; rescue, water supply, command, hose line advancement, etc. 3. Work towards initial crew deployment compliance with OSHA 1910.134 Respiratory Protection Standard or the "Two-in/Two-out" requirement for working in IDLH atmospheres. 4. Administrative staff would be able to focus on their responsibilities. 5. Staffwould be able to utilize time off without forcing other FT staff to work ~T. 6. Provide increased level of service to citizens by providing additional staffing to serve their needs. 7. Work at reducing the amount of overtime incurred due to the current 2 person staffing system. Would be able to allow for 1 person to be absent per shift and still maintain adequate staffmg and eliminate mandatory overtime coverage and consecutive hours worked issues, e.g., 72 hour workdays. · Not all overtime hours would be eliminated due to the built in overtime of working a 56-hour workweek (3 hours per week), but it would be significantly reduced. 8. Estimated fmancial implication of one (1) new hire. Position Cost Proposal New Position (1) $ 64,359.00 2006 Overtime Budget Reduction - 12,600.00 2006 Part-Time Budget Reduction - 15,000.00 Projected 2006 Overtime Savings (based on 2005 hours) - 16,254.00 Estimated Cost $ 20,505.00 . 1 ,. . . . Reco!!:nized Staron!!: Standard · 4 Personnel per Engine Company (NFPA 1710/1720) The National Fire Protection Association's Standard (NFPA) 1720, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments, identifies the need to have 4 personnel minimum be on scene before interior fIre suppression operations are initiated. This requirement is designed to provide for the overall safety of the crew and enables them to accomplish the necessary tasks needed to initiate an aggressive rescue and fire attack. In addition to meeting NFP A 1720, 4 person crews ensure compliance with Occupational Safety and Health Administration's (OSHA) 1910.34 Respiratory Protection Standard for frrefIghting operations in immediately dangerous to life and health (IDLH) atmospheres and meeting the "Two-inlTwo-out" rule. The "Two-in/Two-out" rule requires a minimum of two personnel be located outside the IDLH area and immediately available to assist the two individuals who are entering and working in the IDLH area. Current SF>> Staff"ml!: · 2 Personnel (Minimum/Maximum Staffmg Pattern) Stillwater currently staffs 2-person duty crews 24 hours per day, 365 days per year. This staffing pattern does not currently meet the recognized staffmg standard ofNFP A 1720 or allow for immediate entry into an IDLH atmosphere per OSHA 1910.34. The on duty crew needs to wait until additional staffmg arrives before entering the IDLH area to perform suppression or attempt rescue operations. The "Two-inffwo-out" standard can be modified under very limited circumstances and only under extreme threat to life safety. In addition this staffing pattern requires signifIcant overtime of full-time staff to cover vacant shifts when sick leave, vacation time or compensatory time is used. Also, it is difficult for staff to attend continuing education or training classes without incurring overtime or if they cannot cover their shift vacancy. Shift vacancy coverage can also become an issue when on duty full-time staff is forced to cover a vacant shift for another person on leave and may end up working numerous hours consecutively. This situation does occur and at times has resulted in personnel working up to as much as 72 hours straight, scheduled shift of 24, vacancy coverage for 24, scheduled shift of24. Working this many hours reduces firefIghter performance and becomes a safety concern for this individual and other staff as well. Current VacationlComDensatorv Leave Available to FT Shift Personnel As of January 1,2006 1,839.00 185.88 2,024.88 Vacation hours Minimums compensatory leave hours Total potential leave hours avallable · This equates to 85 days or 7 days per month to fIll shift vacancies · These are hours that need to be covered in order to maintain our current minimum of 2 personnel on duty staffmg. · This figure does not take into account available sick leave hours or in the event a FT staff person is injured and is on long term disability or unable to perform their duties. 2 <', FT Overtime Cost History Year Cost . 2003 2004 2005 2006 $73,224.00 actual ($56,631 budgeted) $60,799.00 actual ($57,296 budgeted) $66,431.00 actual ($S8,140budgeted) $58.939.00 requested ($46,339 budgeted) $259,393.00 OT paid over last four years · This equates to the cost of 4 FT positions at $64,359.00 per position. PT Costs forVac,ant Shift Covera2e Year Cost 2003 2004 2005 $ 9,746.00 actual $ 9,383.00 actual $13,195.00 actual Due to the continued increase in call volume, safety considerations realized, compliance with recognized standards, and the need to position the department for the future, I highly recommend Council approve the additional position as requested. . . 3 . . . Memo To: Mayor and City Council From: Diane F. Ward, City Clerk Date: 1/31/2006 Subject: Meeting Dates This year there are three meeting dates that Council may want to consider changing. I request that Council determine any alternative meeting dates so that I may publish the changes accordingly (attached is a calendar). March 7,2006 (Caucus) No public meetings may not be held after 6:00 p.m. In the past, the Council has met on this day and adjourned at 6:00 p.m. July 4,2006 Federal Holiday - no public business may be conducted. November 7, 2006 Election Day - the Council Chambers are used as a polling place. October has 3 Tuesdays, October 31 could be an option for the November 7th meeting. ACTION REQUIRED: Discuss and determine whether to meet on March 7 (Caucus) night; and select alternative dates for July 4 and November 7, 2006 . . 1 I 1 -0 )> ,OO~II ~ rn r )> \II .... B ~~ ---------__-1 ~ijj ::j \II I .... ~)> lS ::311~)'1^J ::3 ~~ ----------- ('\ .~ () ~ 1 ... i _I -I , ~ -, ~ :l4'-b" ,-1 , ~ -I I ;u -I ~ ~ -I 1 ~ =1 -< 1 I Z . ==1 I.J a ~ 2 -0-0 1 )> )>~ -I -l ~ "11----- -I rn :ill -a ll\ zll\ 1 (i\ III - I -l Q -I :I: a nr- -I 1 r_ ==, 1 I ==1 1 _I ~~ ~ti .~ r ... \IJ _______m_____mm.__________m._m___________m_____ OJ r---- --------------------- I I I I I i,OYlb ('\ ...~ )> it i'l If' :r ~~ ~ ~~ z . ~ -i () -i )> r Ij) -i )> r r \I ~ I I I ,OOLII P' ,~ ::; )> ~ iji ::J i ~ ::i () 3 ~G ~o .5 ii1 r ~. U! I I 1 I 1 1 I 1 1 I 1 I ----------_-1 ~ ~ rn r )> lS ::31l~)'1^J a I ~ ~ ~ /1 ~ ~ Z ~~ ~~ ~~ /1 ~ ~ (\ )> ({ :r ~ Z i ~~ ~ ~,OYI" -i () -i )> r Ij) -i )> r r II ~ U) '[fr: ~ I f i nUl f 3 r~ ~~i :ii~~ I~ Ii ~ ~ i L; ;; ..,', ; I .- I r hi} ~ j~ 0;<1.. p,. !<l e~ (j ~ II 3111 2( ( ;; ~~ Bh [!j ", ~. tilr g- ~~ ~.II g II ~ J [ 2.1-, g ~ I. !ill.. , j 111111"111"" ~ 1 I- I PI ~ >".<v' f ' , . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-02 January 17, 2006 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Interim Community Development Director Lockyear Police Chief Dauffenbach Public Works Director Eckles City Clerk Ward APPROVAL OF MINUTES Motion by Council member Junker, seconded by Councilmember Harycki to approve the January 3, 2006 regular and recessed minutes. All in favor. . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of retirement plaque to Sue FitzQerald Mayor Kimble presented a plaque of appreciation to Sue Fitzgerald for her years of service to the City. OPEN FORUM There were no public comments STAFF REPORTS Police Chief Dauffenbach again reminded the public that winter parking regulations are being enforced. CONSENT AGENDA* Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the Consent Agenda. . Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2006-24, directing payment of bills Possible approval of Special Event - Brine's 14th Annual Bocce Ball Tournament II: ,I; ,. , Resolution 2006-25, amending Resolution 2005-272, Establishing Hourly Pay Rates for Part-time Fire Personnel Resolution 2006-26, approving consultant contract with Robert J. Lockyear . Resolution 2006-27, approving 2006 Annual Maintenance Agreements with Johnson . Controls for City Hall and Public Works facility Resolution 2006-28, approving contract extension with Max Todo Resolution 2006-29, approving forestry consultant contract for 2006 Resolution 2006-30, approving engagement letter - arbitrage agreed upon procedures with Tautges Redpath, Ltd. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible adoption of resolution adoptinQ findinQs of fact, conclusions and order related to the denial of a variance to allow retail use on property located at 104 North Owens Street in the RB, Two Family Residential District Motion by Councilmember Harycki, seconded by Councilmember Polehna to adopt Resolution 2006-31, resolution adopting findings of fact, conclusions and order related to the denial of a variance to allow retail use on property located at 104 North Owens Street in the RB, Two Family Residential District (Case No. V/05-64). Ayes: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None . NEW BUSINESS Possible approval of resolution for bond sale (Library & 2006 Capital Outlay) David McGillivray, Springsted, explained proceeds of the $6 million capital outlay bond will be used for the library renovation/expansion project and for capital equipment purchases. The bond is retired through property taxes. Bids were received earlier in the day on Jan. 17,2006. Nine bids were received, with the most favorable being from J.P. Morgan at 3.8830 percent; the estimate was 4.25 percent, he said. He explained the favorable bid was due to the timing of the sale and the City's excellent bond/credit rating of AA. City Administrator Hansen said the bond sale results far exceeded his expectations. Mayor Kimble congratulated City Administrator Hansen and Finance Director Harrison for a job well done in achieving the AA rating. Motion by Council member Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2006-32, resolution accepting proposal on the competitive negotiated sale of $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A, providing for their issuance and levying a tax for the payment thereof. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None . 2 . . . t , Possible appointment to Charter Commission City Clerk Ward explained the appointment was to fill the unexpired term of Jeanne Anderson, who has resigned from the Commission. Three additional terms will be expiring in May, she said. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2006-33, appointment to the Charter Commission, appointing Terry Zoller to the Charter Commission to fill the unexpired term of Jeanne Anderson. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of feasibility report and callinQ for hearinQ on 2006 Street Improvement Project Assistant City Engineer Shawn Sanders reviewed the proposed 2006 street improvement project. The proposal is to do improvements in the Forest Hills area in 2006. The Forest Hills development was constructed in the 1960s; streets were constructed to an urban section and are 34' wide. However, no storm sewer was installed and streets now have severe cracking and thin pavement sections. Soil borings also indicate poor materials in the pavement sub- grade, he said. As part of the proposed project, curb and gutter would pretty much be left as is. Two-three feet of subsoils would be removed and soil corrections completed. The project also would include construction of an extensive storm sewer system; about 3,000 feet of storm sewer to prevent water from flowing across intersections as currently occurs. Forest Hills is the only neighborhood in the City where the City owns and is responsible for maintenance of street lights; the proposal is to remove the existing 27 lights and install eight lights, one at each intersection. Sanitary sewers have been televised and results show sections of the sanitary sewer are settling and cracking, so the proposal is to replace sanitary sewer pipes in conjunction with the street improvements, as well as replace the water main pipe. An estimated project cost for street improvements, including the storm sewer work, is $1.2 million, he said. Estimated cost for streetlights is $40,000, sanitary sewer replacement/repairs $45,000 and replacement of the water main for the entire neighborhood is estimated at $295,000. Total project cost is estimated at $1.6 million. He said three sources of funding are available. Cost for the sanitary sewer, storm sewer and street work would be assessed at 50 percent, which amounts to a residential cost of $7,585 per unit; school properties would be assessed $67 per lineal foot. As proposed, streetlight costs would be 100 percent assessed -- $516 per unit. The Water Board has agreed to pay for water main replacement. Overall, he said, about 52 percent of the total project would be assessed, with 48 percent being the City's cost. He said the Council could consider using the Street and Lighting Fund to pay for the streetlights, thereby reducing the residential assessment by $516 per unit. He said if the street lighting is assessed, total assessments would amount to about $8,100; last year's project was $5,900 per unit, he noted. He also pointed out that the Forest Hills lots are longer than those in last year's project area, which adds to the cost. Also, he said, poor soils and energy prices will add to the costs of this year's project. He said the proposed project timeline calls for a public hearing to be held the second meeting in February approve plans and specs the first meeting in March, award the project in April, construct during the summer, and have the assessment hearing in October. Councilmember Milbrandt asked about the status of the lighting/utility fund. Public Works Director Eckles responded that if the Forest Hills project is paid for through that fund, the fund would be about 3 .-... ~ : a year in arrears. City Administrator Hansen said he thought the Council should reconsider the issue of assessing for the lighting when a lighting/utility fund is in place. City Administrator Hansen said inter-fund borrowing is an option to consider. . Councilmember Junker talked of the success of last year's project and said he thought this proposal would be an enhancement for the neighborhood. Motion by Council member Junker seconded by Councilmember Polehna, to adopt Resolution 2006-34, resolution receiving report and calling for hearing on 2006 Street Improvement Project (Project 2006-02). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Discussion on Enqineerinq Staff Workloads and Possible Consultant Use for 2006 A memo from Public Works Director Eckles regarding staff workloads and possible consultant use was included in the agenda packet. Mr. Eckles suggested this issue might warrant discussion in a workshop setting. Councilmember Harycki asked about a potential cost. Mr. Eckles said it is apparent that if all the pending work is done in-house, it will not get done. Councilmember Milbrandt agreed this would be a good workshop session discussion; he asked that staff differentiate between those projects already approved and those that are in the discussion stage and to provide a recommendation about which projects would be better handled in-house and which might utilize consultant services. Mayor Kimble also asked that information be provided regarding charge-back rates the City currently has in place and whether it might not be time to increase that rate. It was the consensus to schedule the issue . for a workshop discussion. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) Mayor Kimble acknowledged a number of Stillwater Area High School students in attendance. ADJOURNMENT Motion by Councilmember Junker, seconded by Council member Harycki to adjourn at 7:35 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . 4 . .. ,...... . . . Resolution 2006-24, directing payment of bills Resolution 2006-25, amending Resolution 2005-272, Establishing Hourly Pay Rates for Part-time Fire Personnel Resolution 2006-26, approving consultant contract with Robert J. Lockyear Resolution 2006-27, approving 2006 Annual Maintenance Agreements with Johnson Controls for City Hall and Public Works facility Resolution 2006-28, approving contract extension with Max T odo Resolution 2006-29, approving forestry consultant contract for 2006 Resolution 2006-30, approving engagement letter - arbitrage agreed upon procedures with Tautges Redpath, Ltd. Resolution 2006-31, resolution adopting findings of fact, conclusions and order related to the denial of a variance to allow retail use on property located at 104 North Owens Street in the RB, Two Family Residential District (Case No. VI05-64). Resolution 2006-32, resolution accepting proposal on the competitive negotiated sale of $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A, providing for their issuance and levying a tax for the payment thereof Resolution 2006-33, appointment to the Charter Commission Resolution 2006-34, resolution receiving report and calling for hearing on 2006 Street Improvement Project (Project 2006-02) 5 . City 06 g tiQQwatelr, vU ihnegota Celrti~icate o~ cApplreciatioh ptr.eMtttedto GARY TALBOT WHEREAS, GARY TALBOT SERVED ON THE JOINT CABLE COMMISSION FROM FEBRUARY, 1993 UNTIL JA~ARY,2QQ6;AND WHEREAS, GARY TALBOT SERVED THE CITY FAITHFULL Y, EFFICIENTLY AND COURTEOUSLY ASiA MEMBER OF THE JOINT CABLE COMMISSION. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HIS DEDICATED SERVICE TO THE CITY OF STILLWATER, GARY TALBOT IS HEREBY COMMENDED. BE IT FURTHER RESOLVED, THAT THE CITY CLERK IS . HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICA TE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL. ADOPTED BY THE CITY COUNCIL THIS 7TH DA Y OF FEBRUARY, 2Q06. , uUaYOfl # ,. .. I LIST OF BILLS EXHIBIT II A" TO RESOLUTION #2006-35 .t Line/Leewes A.W.1. Diversifies L.L.C. AAA Striping Service Co. Alexis Fire Equipment Co. American Flagpole & Flag Ancom Communication, Inc. Ancom Technical Center Arch Wireless Aspen Mills AT&T B J Haines Tree Service BCA Training & Development Bound Tree Medical LLC. Braun Pump & Controls C & T Hockey Inc. Campion, Barrow & Associates Carquest Cartridge World Catco - St. Paul Century Power & Equipment Charging Systems International .emsearch _i-Cargo & Storage Clark, Luann Coca Cola Enterprises Cole Papers Comcast Commissioner of Transportation Cub Foods Curt's Automotive Repair Dauffenbach, Larry J Dell Marketing Delta Medial Supply Group Inc. Fastenal Company Fire Guard Sprinkler Frontier Precision, Inc Galles Corporation Galls GCR Minneapolis Truck Tire Center Grainger Grand Prix Vending Greeder & Mondor Electric H & L Mesabi Hansen, Steve ~liday Credit .dson Rod, Gun & Archer Club Hugo Feed Mill Concession Supplies Down Payment for Lowell Park Gazebo Remodel North Second Street Striping Minor Equipment 5 X 8 Nylon US Flag (5) Radios & Extended Warranties Field Service Radio Repair Quarterly Pager Service Uniforms Telephone Tree Removal Training Safety Equipment Lift Station Repairs Pucks (3) Psych Exams Equipment Repair Supplies Refill Ink, OEM Copier Equipment Repair Supplies Equipment Repair Supplies General Supplies General Supplies Rental Cleaning Public Works Soda for Concessions Janitorial Supplies Cable 2006 Bridge Safety Inspection Seminar Concession Supplies Vehicle Repair Charges Reimburse for Parking Computer Equipment General Supplies General Supplies Fire Sprinkler Inspection GPS Survey Setup Floor Brush Medic Bag, Shears Tires Motor for Dome Heater Concession Supplies Building Repair Charges Equipment Repair Supplies Reimburse for Parking, Meeting Refreshments, Meals Diesel Fuel Training Equipment Repair Supplies 1,286.39 3,000.00 117.20 14.03 51.65 3,065.25 360.83 1,210.62 1,477.04 193.93 600.00 220.00 787.88 1,759.19 608.00 1,125.00 376.51 208.73 70.42 266.21 280.92 1,421.64 90.53 210.00 3,194.85 408.40 68.33 50.00 71.88 244.67 12.00 2,403.17 78.40 334.68 165.00 26,464.27 50.39 46.38 284.55 256.79 175.20 854.00 1,514.64 58.83 45.00 900.00 387.22 EXHIBIT" A" TO RESOLUTION #2006-35 IKON Office Solutions Infratech, Inc. Integra Telecom, Inc. Interstate All Battery Center J-Craft Johnson, Kris Knauss, Chantell Lake Country Door League of WI Municipalities Legislative Associates, Inc. Lofts of Stillwater Mac Queen Equipment Machovec Magnuson Law Firm Menards Met Council Environmental Services Meyer Laboratory, Inc. MN Crime Prevention MN Occupational Health MN Office of Enterprise Technologies Moody's Investors Service Napa Auto Parts Nextel Communications North American Salt Co. Northwestern Tire co. Northwood Power Equipment Office Depot Office Max Olsen Chain & Cable OnSite Sanitation Parts Associates, Inc. Paulson, Duane & Julie Pioneer Press Postmaster Pump & Meter Services, Inc. Quill Corporation Regions Hospital River Valley Printing Inc. Roettger Welding, Inc Saemrow, Gordon Schwaab, Inc. Science Museum of MN Select Communications Service on a Shoestring Short Elliott Hendrickson, Inc. Spring Lake Park Fire Dept. Sprint PCS St. Croix Boat & Packet Co , .. ., Page 2 Maintenance Agreements Equipment Repair Supplies Telephone Batteries Equipment Repair Supplies Refund Skate Rental January Expenses Equipment Repair Supplies Web Page Advertisement Services through January 31 2006 Draw #7 Equipment Repair Supplies Safety Equipment Professional Services through January 27th, 2006 Equipment Repair Supplies Waste Water Service for February, 2006 General Supplies Membership Drug Collections November Wide Area Network Usage Professional Services, 2006A GO C/O Bonds Equipment Repair Supplies Cell Phone Bulk Highway Salt Tires Chain Saw & Chains Office Supplies Office Supplies Equipment Repair Supplies Portable Restroom Rental General Supplies Reimburse for Hotel Room/Loss of Power on North Hill Subscriptions First-Class Presort Permit Equipment Repair Supplies Office Supplies Basic Life Support Classes Office Supplies Equipment Repair Supplies Refund Parking Ticket Office Supplies Computer Training Vouchers T-Mobil Sim Card Recycling ED Program General Engineering Services Training Cell Phone December/January Fees ""' , 1,422.. 389.48 912.64 502.41 1,186.79 25.00 120.72 187.80 50.00 3,833.33 11,480.11 39.10 367.56 10,955.51 36.64 95,087.50 308.75 55.00 180.00 140.83 5,000.00 181.~ 705.. 21,504.73 720.69 674.67 2,708.29 69.74 581.54 1 09.46 607.22 73.49 208.00 160.00 50.03 325.89 388.00 408.97 140.00 35.00 46.05 1,150.00 33.63 1 ,548.~ 141.. 300.00 395.83 86,543.87 " . "" EXHIBIT" A" TO RESOLUTION #2006-35 A. Joseph Equipment ~tillwater Ford Sysco-MN Inc. Tessman Toll Gas & Welding Supply Tousley Ford Tower Asphalt, Inc. TR Computer Sales, LLC Unique Paving Materials, Inc Viking Industrial Center Verizon Wireless Wal-Mart Washington Conservation District Washington County Dept of Health Washington County License Center Washington County Transportation Watson Co, Inc. WET Technology, Inc. Yocum Oil Zebra Technologies Corp MANUALS JANUARY 2006 .reater Stillwater Chamber of Commerce MN Boundary Adjustments MN Dept of Public Safety MN Pollution Control Agency Post Board Postmaster Xcel Energy ADDENDUM TO BILLS Ace Hardware Board of Water Commissioners Carquest Cole Papers Galles Corporation Holiday Fleet Insight Inspec International Institute of Municipal Clerks Interstate Battery Jansen's Cleaning Service .rson Allen ague of MN Human Rights Commissions Lehmicke Construction Lucy Winter Bell Page 3 Equipment Repair Supplies Auto Maintenance Supplies Concession Supplies Ice Melt General Supplies Auto Maintenance Supplies South Main Street Parking Imp. Maintenance Agreement Asphalt Safety Equipment Cell Phones General Supplies Lake Monitoring, Lily Lake 2005 Membership/Dues Registrations Traffic Services Concession Supplies General Supplies Fuel, Antifreeze Office Supplies Full Moon Sponsorship Filing Fee Titles for Forfeiture Vehicles Collection System Operators Conference Peace Officer License 1 st Quarter Sewer Billing/Guide to HH Waste & Recyc Electricity & Natural Gas Equipment Repair Supplies January WAC Equipment Repair Supplies Janitorial Supplies Paper Towels UL Fuel 1GB Datatraveler II Contract for Survey and Water Testing Annual Membership MTP-24 Maintenance Agreement, Cover Ron's Days off Consultation 2006 Dues Snowplowing Rec Center 2006 Contribution 154.17 29.12 1,144.90 476.59 110.69 52.86 5,534.28 1,007.94 206.18 71.36 401.63 20.86 1,065.00 93.75 546.00 49.02 312.32 243.60 9,059.02 461.76 500.00 25.00 89.00 540.00 90.00 3,309.12 24,795.55 233.09 3,267.00 (67.91 ) 110.67 136.92 30.01 98.08 450.00 125.00 70.24 225.00 1,410.00 78.75 722.00 20,000.00 EXHIBIT II A" TO RESOLUTION #2006-35 M II Term Life Insurance Matrix Communications Met Council Miller Excavating, Inc. MN Office of Enterprise Technologies Network Design Nextel Office Depot Owest RiverTown Springsted Stillwater Courier Stillwater Gazette Stork Twin City Testing The 106 Group, Ltd. Verizon Washington County Elections Xcel Adopted by the City Council this 7th Day of February, 2006 Term Life Insurance 03/01/06 - 06/01/06 NEC Phone January SAC Charges Lime rock December Wide Area Network Usage Troubleshoot Cable Cell Phone Office Supplies Telephone Classified Ad Professional Services Subscription Publications Pine & Myrtle Street Rehabl Boutwell Road Shoddy Mill Mitigation Cell Phone 06 Accuvote Extended Maintenance Electricity & Natural Gas or' , " Page 4 " 1,295.A 292.P 4,603.50 137.92 140.83 347.42 612.69 477.92 271.43 83.60 24,782.57 28.00 387.10 150.00 2,828.24 298.62 1,530.00 49,003.22 . TOTAL 473,514.25 . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2006-35 _st Line/Leewes A.W.1. Diversifies L.L.C. AM Striping Service Co. Alexis Fire Equipment Co. American Flagpole & Flag Ancom Communication, Inc. Ancom Technical Center Arch Wireless Aspen Mills AT&T B J Haines Tree Service BCA Training & Development Bound Tree Medical LLC. Braun Pump & Controls C & T Hockey Inc. Campion, Barrow & Associates Carquest Cartridge World Catco - S1. Paul Century Power & Equipment Charging Systems International a,emsearch ~ti-Cargo & Storage Clark, Luann Coca Cola Enterprises Cole Papers Comcast Commissioner of Transportation Cub Foods Curt's Automotive Repair Dauffenbach, Larry J Dell Marketing Delta Medial Supply Group Inc. F astenal Company Fire Guard Sprinkler Frontier Precision, Inc Galles Corporation Galls GCR Minneapolis Truck Tire Center Grainger Grand Prix Vending Greeder & Mondor Electric H & L Mesabi Hansen, Steve <<Iiday Credit udson Rod, Gun & Archer Club Hugo Feed Mill Concession Supplies Down Payment for Lowell Park Gazebo Remodel North Second Street Striping Minor Equipment 5 X 8 Nylon US Flag (5) Radios & Extended Warranties Field Service Radio Repair Quarterly Pager Service Uniforms Telephone Tree Removal Training Safety Equipment Lift Station Repairs Pucks (3) Psych Exams Equipment Repair Supplies Refill Ink, OEM Copier Equipment Repair Supplies Equipment Repair Supplies General Supplies General Supplies Rental Cleaning Public Works Soda for Concessions Janitorial Supplies Cable 2006 Bridge Safety Inspection Seminar Concession Supplies Vehicle Repair Charges Reimburse for Parking Computer Equipment General Supplies General Supplies Fire Sprinkler Inspection GPS Survey Setup Floor Brush Medic Bag, Shears Tires Motor for Dome Heater Concession Supplies Building Repair Charges Equipment Repair Supplies Reimburse for Parking, Meeting Refreshments, Meals Diesel Fuel Training Equipment Repair Supplies 1,286.39 3,000.00 117 .20 14.03 51.65 3,065.25 360.83 1,210.62 1,477.04 193.93 600.00 220.00 787.88 1,759.19 608.00 1,125.00 376.51 208.73 70.42 266.21 280.92 1,421.64 90.53 210.00 3,194.85 408.40 68.33 50.00 71.88 244.67 12.00 2,403.17 78.40 334.68 165.00 26,464.27 50.39 46.38 284.55 256.79 175.20 854.00 1,514.64 58.83 45.00 900.00 387.22 EXHIBIT" A" TO RESOLUTION #2006-35 IKON Office Solutions Infratech, Inc. Integra Telecom, Inc. Interstate All Battery Center J-Craft Johnson, Kris Knauss, Chantell Lake Country Door League of WI Municipalities Legislative Associates, Inc. Lofts of Stillwater Mac Queen Equipment Machovec Magnuson Law Firm Menards Met Council Environmental Services Meyer Laboratory, Inc. MN Crime Prevention MN Occupational Health MN Office of Enterprise Technologies Moody's Investors Service Napa Auto Parts Nextel Communications North American Salt Co. Northwestern Tire co. Northwood Power Equipment Office Depot Office Max Olsen Chain & Cable OnSite Sanitation Parts Associates, Inc. Paulson, Duane & Julie Pioneer Press Postmaster Pump & Meter Services, Inc. Quill Corporation Regions Hospital River Valley Printing Inc. Roettger Welding, Inc Saemrow, Gordon Schwaab, Inc. Science Museum of MN Select Communications Service on a Shoestring Short Elliott Hendrickson, Inc. Spring Lake Park Fire Dept. Sprint PCS St. Croix Boat & Packet Co Page 2 Maintenance Agreements Equipment Repair Supplies Telephone Batteries Equipment Repair Supplies Refund Skate Rental January Expenses Equipment Repair Supplies Web Page Advertisement Services through January 31 2006 Draw #7 Equipment Repair Supplies Safety Equipment Professional Services through January 27th, 2006 Equipment Repair Supplies Waste Water Service for February, 2006 General Supplies Membership Drug Collections November Wide Area Network Usage Professional Services, 2006A GO C/O Bonds Equipment Repair Supplies Cell Phone Bulk Highway Salt Tires Chain Saw & Chains Office Supplies Office Supplies Equipment Repair Supplies Portable Restroom Rental General Supplies Reimburse for Hotel Room/Loss of Power on North Hill Subscriptions First-Class Presort Permit Equipment Repair Supplies Office Supplies Basic Life Support Classes Office Supplies Equipment Repair Supplies Refund Parking Ticket Office Supplies Computer Training Vouchers T-Mobil Sim Card Recycling ED Program General Engineering Services Training Cell Phone December/January Fees 1,422.. 389.4'P'" 912.64 502.41 1,186.79 25.00 120.72 187.80 50.00 3,833.33 11 ,480. 11 39.10 367.56 10,955.51 36.64 95,087.50 308.75 55.00 180.00 140.83 5,000.00 181.85 705.. 21,504.73 720.69 674.67 2,708.29 69.74 581.54 1 09.46 607.22 73.49 208.00 160.00 50.03 325.89 388.00 408.97 140.00 35.00 46.05 1,150.00 33.63 1,548., 141. 300.00 395.83 86,543.87 EXHIBIT" A" TO RESOLUTION #2006-35 At. Joseph Equipment ~tillwater Ford Sysco-MN Inc. Tessman Toll Gas & Welding Supply Tousley Ford Tower Asphalt, Inc. TR Computer Sales, LLC Unique Paving Materials, Inc Viking Industrial Center Verizon Wireless Wal-Mart Washington Conservation District Washington County Dept of Health Washington County License Center Washington County Transportation Watson Co, Inc. WET Technology, Inc. Yocum Oil Zebra Technologies Corp . . Page 3 Equipment Repair Supplies Auto Maintenance Supplies Concession Supplies Ice Melt General Supplies Auto Maintenance Supplies South Main Street Parking Imp. Maintenance Agreement Asphalt Safety Equipment Cell Phones General Supplies Lake Monitoring, Lily Lake 2005 Membership/Dues Registrations Traffic Services Concession Supplies General Supplies Fuel, Antifreeze Office Supplies 154.17 29.12 1,144.90 476.59 110.69 52.86 5,534.28 1,007.94 206.18 71.36 409.07 20.86 1,065.00 93.75 546.00 49.02 312.32 243.60 9,059.02 461.76 . MEMORANDUM TO: Mayor and City Council FROM: Tim Thomsen Parks/Public Works Superintendent ~. DATE: January 30,2006 RE: Portable Restrooms for City Parks DISCUSSION: . The City received two proposals outlining services for providing portable restrooms in our city parks. The lowest proposal was submitted by On Site Sanitation (see attached proposals). RECOMMENDATION I recommend that the City accept the proposal submitted and award the contract to On Site Sanitation. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2006- ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR THE SERVICE OF PORTABLE RESTROOMS IN STILL WATER PARKS . ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR SERVICE OF PORTABLE RESTROOMS IN STILLWATER PARKS WHEREAS, a proposal for the portable sanitation service in the city parks for 2006 has been received; and WHEREAS, the proposal was presented to Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into an agreement with On Site Sanitation, in the name of the City of Stillwater for the 2006 portable sanitation service for Stillwater city parks. Adopted by the City Council this ih day of February 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . J an., 2 6. 2 0 0 6 1 2 : 43 PM No.8685 P.2 OnSi~e . Sa.nitation 95 Woodlynn Avenue St. Paul, MN 55117 Metro: (651) 429-3781 Rochester area: (507) 282-8407 Toll Free: (800) 210-8407 Fax: (651) 486-6400 www.onsitesanitation.com January 26, 2006 Clty ofStiJlwater Parks Dept. 216 No. 41h Street Stillwater MN, 55082 Attn: Tim Thompson Dear Tim, Thank you for the opportunity to provide a quotation for Stillwater Parks portable sanitation service for the 2006 season. On Site Sanitation is and has been a member in good standing with the Portable Sanitation Association, promoting health and safety standards in the portable restroom industry for over fifteen years. On Site Sanitation is also licensed with Minnesota Pollution Control Agency, license number #L1839" Rates are as follows: Monthlv Special Event . Regular unit - service once a week $50.00 550.00 Second service added per week $45.00 N/A ADA compliant (handicapped) unit $125.00 $125.00 ADA unit second service per week $90.00 N/A Damage waiver Included Included Pick up and delivery N/C N/C Disposal fee N/C N/C Winter freeze protection N/C N/C Anchoring units-where possible N/C N/A All charges are based on a four-week bHling cycle, and are billed on a current basis, not a month in advance. You will find our billing system very easy to understand and our accounting staffhelpful and friendly_ Again thank you for considering On Site Sanitation as your portable restroom provider. We look forward to a lasting business relationship with you and your community" Acceptance! Approval Signature On Site Sanitation L-, SignMm~~ Title ~~- Date 1- U-CJ0 Title . Date Portable Restrooms · Construction · 8Decial Events Porta-Pot Sanitation, L.L.C. . ~ P.O. Box 65 Stillwater. MN 55082 Telephone 651-430-9134 January 12,2006 City of Stillwater Timothy Thomson 216 N. 4th St. Stillwater, MN 55082 Portable Restroom Facilities bid for 2006 Monthly Park Rentals Unit Tvpe Frequencv of Servlce Price/ Month Standard Weekly $ 57.00 Handicapped Units Weekly $100.00 Damage Waviers (optional) $ 8.00 Hand sanitizers (optional) $ 8.00 . Special Event Rental Unit Tvpe Frequencv of Service Price! unit Standard Units 6 day rentalll cleaning $ 50.00 Handicapped Units 6 day rental!1 cleaning $ 80.00 Damage Waviers Included with bid price $ 0.00 Hand sanitizers Included with bid price $ 0.00 Additional Service $ 12.50 All prices are good through December 31 st, 2006 Please feel free to call i you have any questions, 651-430-9134. We look forward to your business. I . paul@porta-pot.com . . . STAFF REQUEST ITEM I Department: MIS I Date: 01/27/06 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a computer for the Engineering Department. This replacement is according to the city's computer replacement policy. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Cost of the computer will be $1688.03 + tax. Money has been allocated for this purchase in capital outlay for 2006. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 01/27/06 ::r ....... ....... '"0 --- --- () p:l >-; ;t- o... (1) >-' >-' () o :3 --- >-; () o :3 :3 C? p:l en A (1) ....... p:l en '"0 ~ --- tv 0\ --- tv o o 0\ ~ s: " s: :!! 0 G>O () 0 a. 0 ll) ll) (j) "0 ti"O III III ll) ::J '< 3 ll) Z=' ..... .... 0 ;:::;: ti en ... -" III ll) 0 0 0 '< III ()- g () III ... =. .. ll) ... ':c; III III III ... .... ::J >< ... a. ll) co G> Z a. 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(J> '"t:l ." IJQ (J> N o ......, w . . . STAFF REQUEST ITEM I Department: MIS I Date: 01/26/06 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to renew the City's subscription to our antivirus software package. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Cost to renew the subscription for one year totals $2425.01. Money has been allocated for this in capital outlay for 2006. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 01/26/06 ~ C:;' ::J <0 0> < 0> c;;- ~ Q. 0> ::J 0.. 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CD 5: n z 0 .., "C o .., I>> - S' ~ -n-o(l) O>:rl>> .:g;- ~~1Il o~........ ~COO NO.., 01 S Q. CONCI) ~cn'" ~CPQ. <Dcr;~ ~~ o>-n-o):o 30>:rr- 0> ?': 0 _ '_::1, ~~~ ;:,. g, s 00 ):0 r+NO::C g.01Sn OCONm C:;. ~ 01 r- CD 01 CO r- nW~):o O<D01 3 W CO X N ~ .j:>. -..J ~ o VI (I) :I: o - 3 Q) ::s -0 (1) D) Vl (1) ....., o .., ~ D) .., Q. r-T :::::r Vl r-T o '" o .... ... 1"\ ::r ~~ ~ . ~ - .... n :r o o. !'" n o 3 (')-l"TlO C (1) Q) Q) Vl(1)X.... 8-oz(1) 3:::JC (1) 0 3 ....,::lrr ;:0(1) CD (1) Z"'" ......c ~ 3 (1)rr ::l (1) (") ...., (1) .. . mmQl c..nc..n::l ..........c '-'" '-'" Q) ~~...., W w'< oo~ CoCo~ (X) (X) 0 000 ~c.oO'l (/) CD ::l .... rr '< )> ~ ~ )> ;:0 (') rn r- r- )> . . . . STAFF REQUEST ITEM I Department: MIS I Date: 01/26/06 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of Maintenance agreement for SignCAD. Sign software used by the Public Works Department. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Cost of the maintenance agreement for one year is $1291.58. Money has been allocated for this in the general fund. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman ' Date: 01126/06 RESOLUTION 2006-37 . APPROVING MAINTENANCE AGREEMENT FOR SIGN CAD BE IT RESOLVED by the City Council of Stillwater, MN that the maintenance agreement between the City of Stillwater and SignCAD Systems, Inc. as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 7th day of February 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . Quote #: 002011006 . ues av, anuary , Line Item Description Unit Cost Quantity Extended No Cost 1. SignCAD/SignCAM'Maintenance $950.00 1 $950.00 Annual maintenance extends SignCAD & SignCAM's warranty period for one full year from the end of the original one-year warranty period, and includes all updates and version upgrades of the software as well as phone/technical support for a year. 2. Reinstatement Fee $325.00 1 $325.00 Fee charged for maintenance lapses. Warranty expiration date: 3/29/05 Subtotal $1,275.00 MN Sales Tax (1.3%) $16.58 Total $1,291.58 Quotation City of Stillwater Prepared for Rose Holman rholman@ci.stillwater.mn.us PH: 651-430-8804 2';6 North 4th Street Stillwater, MN 55082 T d J 10 2006 Terms: Net 30 Days or credit card (VISA, MasterCard or American Express). Please submit all correspondence to: SignCAD Systems, Inc. 10590 Wayzata Blvd, Suite 230 Minnetonka, MN 55305 Ph: 952-544-9559 Fx: 952-544-9561 Vendor Tax ID # 41-1829616 Submitted by: Kara Goodwin Support & Maintenance Manager . SignCAD Systems, Inc. 10590 Wayzata Blvd. Suite 230 Minnetonka, MN 55305 Phone: 952-544-9559 Fax: 952-544-9561 www.SignCAD.com SignCAD@ Maintenance Order Form SignCAD Systems, Inc., 10590 Wayzata Blvd. Suite 230 Minnetonka, MN 55305 PHONE: (952) 544-9559, (800) 722-6997, FAX: (952) 544-9561 (www.siqncad.com); email: sales@signcad.com Date ~ Bill To: . Company Name: Description Qtv Price Ea: Total SignCAD@/SignCAM@ Maintenance Reinstatement Fee 1 $950.00 $325.00 $950.00 $325.00 . 1 Subscription to the SignCAD Maintenance Program includes software version upgrades and full phone support. The Maintenance subscription extends support for an additional twelve months. If maintenance is purchased, quantity purchased must equal quantity of licenses purchased. Sales Tax (MN 1.3%) $1,275.00 $16.58 $1,291.58 Subtotal: Total: Name: Authorized Signature: Title: RETURN THIS FORM WITH YOUR PAYMENT TO SIGNCAD SYSTEMS, INC. PAYMENT ENCLOSED: Visa Mastercard_American Express_ Check_ Credit Card #: Exp. Date: . Name of Credit Card Holder: . MelTIorandum To: Mayor and City Council Shawn Sanders, Assistan,~ity Engineer January 18, 2006 South Main Parking Improvement (project 2004-05) Acceptance of Work and Final Payment From: Date: Subject: DISCUSSION The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION . Staff recommends that Council accept the work and authorize final payment to Tower Asphalt, Inc. in the amount of$5,534.28. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2006-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR SOUTH MAIN PARKING IMPROVEMENT (PROJECT 2004-05) . ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR SOUTH MAIN STREET PARKING IMPROVEMENTS (PROJECT 2004-05) WHEREAS, pursuant to a written contract signed between the City and Tower Asphalt, Inc. for expansion of South Main Street Parking (Project 2004-05) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of$5,534.28 on such contract, taking Tower Asphalt, Inc. receipt in full. Adopted by the Council, this 7th day of February 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . 01/12/2006 14:44 FAX i635931520 ADA I4J 001 . 216 N. 4a.. Street Stillwa.ter, HN 55082 Telepllfm~: 651.430.8800 Fax: 651.480.8809 APPLICATION POR SPECIAL EVENT All items on application MUST be completed and received by the City 45 days prior to proposed event Incomplete applications will not be processed Submittal Date: _1- '1 - OLL APPLlCANTINFORMAT/ON cmailAddress: j W'\ \ \ i CUNI~ ~ ctlaJ~)ct~o1~ Organization Am&f'. t..a.-".... U)~ i\-66D0i~1h Type of tl1on-Proflt X (l Organization For-Profit Contact Person ~Y\Yil t~1"" \\J \ II i a v'Lll :> Address _::JJ~ ~ 'OV\ AtY Avl '5 :# 3DI City 6-olAtn \ktlllAj. State t'VlA.! Zip fJ5 4?-(.g.. .ey;t v7;;l.'<;. (;""" "- Daytime Phone i/;:3..6w3' 53 as Alternate Number ul~' 17.'3,. OD35 ~Il J E~~~GI:mm~mmam~m;~~',~~;]re:i1g:t~:R~~~t;~f':,~.->\:. ;~;:~mJlt..mirigE~~~i;llim:;ffiilllli!~miZ:ifll~::;j!:~:J1fifzWi!l1mffi~~~~~.2mImu~.:18~~~~l1m~f~'iif~{~~!i~!i~;~~~~)2:~1~:I.;;t:I;;~~::::i::;~~:~',~~:~l(~'j~r::i:'~;~?~ E.VENT INFORMA nON (Special E.vents involving the use of City Property may require Park Board or Parking Commission Review. Events on Private Property may require Planning Commission review) Date(s) of Event \0-,- ~ Hours of Event tt1 A.rY\- I~, (Special Events conducted after 0:00 p.m., require Council approval of a variance to the noise ordinance) . Purpose & Descri ption of event? . fl..". ,.j:...., I~.A.I "'''::'''' /'1--d -L()aLL ro VCU~ iiJ.y1d5 10, u....uA.,I!..Jr..At:~ ""-" J auft~:J5.1 .. Proposed Location of Event (be . n specific) X'I Dr\-fe~~ Ovr\.~. ~"ODV\A~ Type of Event ~LK- If LI:lwelJ Park Is to be fttr" l- \o~'+h ~\~ 10 ::s used: NOJ.th Lowell Park or Snuth Lowell Park (Circl.~ which one or both) ~.v'~l <:.tt~ \..6)~ll_.~ ~\o:i:>Pje5 Estimated number of people to attend \ -"'1 Q -a.9. ~ ~~]mTI~l~:;:~~:~;~gmmImitim~:~~~~mmr:!ffimr~;~~i~~]!t:i~;~~~;:~:~~~E~:;.~~~i;:~~:::~:~1f~~~i~ffim;~~ruu:~@r:il;:~~~:~f'lJiRqtrff.~-~~.J~;.::~.!~;:.~::~~~~~t~~~~~;~~lim1m~FiliI~11.J ~~fl~m[i~~ti~~~~~:~~t?;~!:~~!~~~}~:~(~ii;;~!;~~:;~~~ Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable. Please put N/A in tile space) Selling Alcohol N)1- Temporary LIquor LIcenses are ONLY available to non-profit organiza 1;ons - $25.00 per day Permit to Consume tv l.8.... (fOf tile consumption of beef. wine. wine eDo/ers. and hard liquor on public prop Drty (parks) - $35.00 fee) Site Map (required) . Impact on Parking (required) ?S (attach to application) '(, Describe: tJr\ 2M~l- flkt.- UYJJ~ (CONTINUE ON BACK) LOCATION:7635931520 RX TIME 01/12 '06 15:51 01/12/2006 14:44 FAX i635931520 ADA [g]~02 Special Slgnage L Describe: ') ~ G\-~ (,\ \\OWS 6~VlI'\.D/v t L1 '3'-. 6 G or'f O-Nr ~.\ & WClU~ Cho-lh\ Letter of Approval by Property Owner if on Private Property (attach to application) Tents or Membrane Structures rillt Size _ Location Cooking Operations ~~ Propano '" /.A Oo.p fa. frying Water Activities (RiverfLakes) River Lake Name: N /A tll~ jJ\ fy Ambulance ~ \\ A____ Ill-. EMT Standby [' Standby ~ ~ ~ N1A IV /.;4 Exiting Points N/fi .. Other ~ Fire DspanJnent ~ J A Standby ~ EMS Needs Open Flame or Burning Operations Fireworks Street Closure Describe Police Officer Needed Restrooms (Portable) What Streets: (Required if alcohol ;s being served on public property and i~ttendance Is over 75 )J\ fI. people or at the discretion of the Pollee Chief) - Contact StllJiNater Pollee (651- J' 4351.4900) to arrange for offlcer llJ E (~~plie~nt to pay for restrooms - Contact Public Works 275~i100) Live Entertainment td& Type of Music N /..4- )1'roCh~b ) ~'~, ~'~y~ Level of Promotion/Advertisement ~W~-> Ilcant nature 1~\':1,~~'~~'.I~' .',\~7-'~';:\:~. ~:'~~]'~~::-::";.'r~l ~u~...w_...~~...:.....1;~.I~....__..u . Community Development City Administrator City Clerk Fire Chief Police Chief Public Works Director Public Works Superintendent Parks Board Approval Required Planning Comm. Appr. Required City Council Approval Required ~mments: D ~ USe Gf1Av~ ~ C~i!f) I ' D D D D D O;.J ~IOlVAt--1L jJbf ~IIJ--r-- -=. ~ FEES (if applicable) Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit $250.00 Other Fees: . TOTAL FEES LOCATION:7635931520 RX TIME 01/12 '06 15:51 ~ ) ~' . ) I I I ~ I e)' 01/ J.2/.2006 14: 44 FAX i635931520 o G') 0 s::;u r;;. C) 0" s= 0 :;0 ~ :r ~a~~c:::)g~CDalClliilCD CD < 0 co (0 0 z.A"wA"~_.Q) ::J CD s: _. CD III ::J _ I G) t;I) <g. c.. (Il iJ'< tI) -l -. C 0 3 - _ _ tI) i:llQ):J.::l-.~CD"C=~OOlt:\ ::J _ - 0 i:ll .c on _. CD "0 - Q) c.. 'CD -. <: w 0 ~..... -. ('. en:- i:ll :;; ;:l 0 () c.CO ~ _ -Q)_!::O _.::1" ~ -l :;u Q. -I A" to' CD - I:: 9t - r+ G')::I'CDCDCO::T-.Q)::JCD~~ :r tij' (Il =E :3 ;:l ..... .... ::J . S" ., =.: 0 - Ol OJ'" 0.-...; en - 3 -liii'cn~rZ::l ~O"()-E" o~~- mCDo.A"i:ll_O..,S: ::l-lJC-I\!:1t_. 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"C Q) ~ s' (0 ::J CD III ., ::r CD "C D) ~ D) :::3 0. S' Q)cn-lO .., ~ Q) - -. Q) ;;<;" CTl <g. '< CD (') -0(0- o:;:l.to. o' ::J -m::l e;:!._Ul (/10_ ~ S' O'l 0 c..o~~ cn",2tC1 ~5---o w-OC) CD~W" :-Q)0'l;l':' iJmrn" D) :'" . ~-1Z ~ Ql 0 ::., " (U =CD O'Q)w CD_O'l o ~~. ::J -= ,<03 o;a.(Il I:: 0 -. .., co ::I. s:: CD (0"<_ ~aa. (Jl CD 0 -Q)CO o.::JCJl $P 0.' \ LOCATION:7635931520 RX TI ME 0l/12 '06 15:51 I4l 003 C/J r+ -. - ~ ~ r+ C'D .., ~ Q) - ;t;" ::0 o c: ... C'D .. I · Memorandum To: Mayor and City Council From: Bob Lockyear, Interim Community Development Director Date: February 2, 2006 Re: Case No. SUP/06-02 Appeal of CPC Denial of petition to install a fueling center in the Cub Foods parking lot area . Background: This appeal has been brought not to encourage the Mayor and Council to approve the existing proposal but to request that the petitioner be referred back to the City Planning Commission (CPC) for further consideration. If this petition is denied they will not be able to reapply for one year under the current ordinance. The petitioner is of the opinion that with additional design and traffic analysis presented to the CPC and the Heritage Preservation Commission (HPC) that they may be able to obtain an approval. The HPC tabled the request at their last meeting to give the petitioner the opportunity to refine their design. Recommendation: If you believe that the petitioner may have alternative solutions worthy of review, then staff recommends that this petition be remanded back to the CPC for further study and recommendation. If, on the other hand, you believe that this is an inappropriate use in this location then staff recommends that you deny the appeal. . .. ~ SUPERflAW . Memorandum Project Development Department To: Community DevelQpment Director Craig Mevissen ~ January 18, 2006 Planning Commission and Heritage COlpmission Appeal Case No. SUP/06.02 From: Date: Subject: Weare appealing the denial for approval of the fuel station at the Stillwater Cub Store Case No. SUP/06.02. We intent to continue to work on the aestetics of the fuel center to be compatable with the center design which was raised by both the HPC and Planning. Weare also working with a traffic consultant to make any modifications needed to avoid congestion in the lot which was raised as an issue with Planning. . The findings from Staff that the proposal "will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance" suggests that with the proper aestetics and site modifications addressing any potential traffic issues we should be able to bring in a project that can be approved. It is our intent to expand the services available to our customers and not to disrupt our core business. The timing of completion before Wa1-Mart opens their facilities is critical for our business success which does not allow us to wait a year to resubmit the revised proposal. . ,J . . . City of Stillwater Planning Commission January 9, 2006 Case No. SUP/06-02 A special use permit for a fuel center and drive-through pharmacy at 1801 Market Drive, CUB Foods, in the BP-C, Business Park Commercial District. Craig Mevissen, representing SuperValu, applicant. Mr. Mevissen explained the request for a 12-dispenser fuel center with small kiosk for an attendant; the fuel center would be located at the western edge of the parking lot. SuperValu also is proposing to add a drive-through pharmacy; this proposal would require the relocation of the interior pharmacy area to an outside wall, along the northern portion of the building. He noted that even with the proposed additions, the applicant did not feel that parking would be compromised. There was some discussion about the logistics of the drive-through. It was noted the Heritage Preservation Commission had reviewed the proposal; the HPC approved the request for the pharmacy and tabled the fuel center proposal. Mr. Mevissen said the applicant is working to revise the design of the fuel center to address HPC concerns, such as wrapping the columns with masonry to match the main structure and adding masonry to the face of the kiosk. There was a question about signage on the pharmacy drive-through. Mr. Mevissen said the canopy would include a lettered applique, an unlighted sign; the underside would have recessed lighting. There was a question about signage for the fuel center. Mr. Mevissen said LED signage currently is not used; it is roller-type signage. There was a question about the target market for the fuel center. Mr. Mevissen said 85 percent of the customers would be CUB customers, already on site, so any additional traffic generated would be minimal. No comments were received from the public. Mr. Junker said he thought the proposed pharmacy drive-through works and would be a nice addition. However, Mr. Junker said he did not think the same of the fuel center, citing concerns about the aesthetics of the design and traffic patterns. Mr. Dahlquist agreed with the concern about traffic issues for the gas operation. Mr. Junker moved to grant the special use permit for the drive-through pharmacy, with any conditions related to signage/canopy. Mr. Teske seconded the motion; motion passed 8-0. Mr. Mevissen asked if there would be a recommendation regarding the location of the fuel center, if the location as proposed was the primary issue. It was noted that the Commission does not make recommendations, and it was suggested the applicant continue to work with staff. Case No. ZAT/06-01 Zoning Ordinance text amendment establishing a Neighborhood Conservation District and design guidelines for infill development in the Conservation District. City of Stillwater, applicant. Mr. Russell noted that a joint committee of the Planning Commission and Heritage Preservation Commission has been working on infill design guidelines for the past five months. A public meeting took place on Dec. 12, 2005. As a result of comments received at the public meeting, some changes were made to the proposed guidelines. The Heritage Preservation Commission would administer the guidelines. Once the guidelines are adopted, Mr. Russell explained a single-family infill project would require a public hearing at the HPC level; the HPC decision could be appealed to the City Council. Mr. Russell noted the design guidelines are not met to be prescriptive but rather to improve the quality of the design of infill projects in the older neighborhoods. The goal is to promote new designs that are more compatible with the scale and details of the existing character of a neighborhood. 2 '- PLANNING APPLICATION REVIEW FORM CASE NO. SUP/06-02 . Planning Commission Date: January 9, 2006 Project Location: 1801 Market Drive Comprehensive Plan District: West Business Park Zoning District: BP-C Applicants Name: Craig Mevissen representing SuperValu Type of Application: Special Use Permit Project Description: A special use permit for a fuel center and drive thru pharmacy for Cub Foods. Discussion: The applicant is requesting a special use permit for an addition of a fuel center and a drive-thru pharmacy. The fuel center would have a booth, six pump stations, and a canopy. The canopy is white with red thin trim line. The parking ratio for a supermarket is 1 parking space per 200 square feet of gross floor area. With the . fuel center and the drive thru pharmacy they have 95 spaces over the required 457 parking spaces. Recommendation: Denial of the canopy and sales booth as it is presented. Approval of signage and drive thru pharmacy. Conditions of Approval: 1. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. 2. All lighting in the canopy shall be recessed or shaded. 3. Canopy and sales booth shall return to HPC for design approval. Findings: The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance. Attachments: Application form, site plan and elevation drawings. HPC Action on 1-4-06: Tabled the fuel center. The applicant will need to redesign the sales booth and the canopy using the PUD design policy. Approved +7-0 the pharmacy drive thru. . J " . . . CPC Action on 1-9-06: Denial of fuel center. Proposed design is not in keeping with desing of the larger center. +8-0. Approval of the pharmacy drive thru as proposed. +8-0 City of Stillwater Heritage Preservation Commission January 4, 2006 Eastwood, seconded by Mr. Peterson, moved approval as conditioned. Mr. Johnson clarified that the signage will not be lit. Motion to approve as conditioned passed unanimously. Case No. DR/06-02 Design review of a pylon sign with reader board for Lake Elmo Bank at 1903 S. Greeley St. Mike Johnson, representing the applicant. Mike Johnson was present. Mr. Lieberman stated the HPC was not in favor of reader boards and expressed his opinion that the community is becoming cluttered with commercial language. Ms. Fitzgerald said the request would go before the Planning Commission on Jan. 9 for consideration of a variance. Ms. Fitzgerald noted that reader boards, such as the one requested, are not allowed by ordinance; reader board signage is limited to time and temperature. Mike Johnson spoke of other reader boards in the community; it was noted that, with the exception of one, those were grandfathered-in. Mr. Lieberman pointed out that according to the City's ordinance, the HPC can't approve anything other than signage indicating time and temperature. Commission Member Johnson said the Commission takes the ordinance as written and can't deviate from the ordinance; the only action the HPC can take, he said, is to deny the request. Jeff Johnson, seconded by Mr. Lieberman, moved to deny the request based on City ordinance. Motion passed unanimously. Case No. DR/06-03 Design review of an addition of a fuel center and drive-thru pharmacy for Cub Foods at 1801 Market Drive. Craig Mevissen, representing Cub Foods. Most of the discussion centered on plans for the fuel center. Members expressed a concern that the proposed fuel center does not reflect any of the details of the primary structure. Mr. Tomten noted that one of the guidelines for the Business Park and the CublTarget PUD is that buildings be consistent in materials, style and detailing and suggested that the design of the fuel center doesn't meet that guideline. Mr. Tomten provided some suggestions, such as the use of some masonry material, which would help make the connection between the structures. Mr. Johnson pointed to the Quik Trip station in the Liberty development as a good example of what the Commission was suggesting for design details. Mr. Johnson suggested that the proposal was not consistent with what should be the image of SuperValu's "flag ship" store; he said the design should provide a look of permanence rather than something on the outskirts of the parking lot. There also were questions raised about lighting. Mr. Mevissen said the sign itself will not be lit. Mr. Tomten noted that canopy lighting must be recessed. Mr. Johnson asked about parking; Mr. Mevissen said even with the proposed fuel center, the amount of parking is over the required number of spaces. Regarding the drive-thru pharmacy, Mr. Mevissen explained the proposal is for a small drive-up window with sign above and canopy, the same as the front canopy. The sign will be internally lit; Mr. Mevissen said he thought there would also be some lighting under the canopy. \ . . Mr. Johnson moved to approve the pharmacy drive-thru with the condition that lighting be limited to a downlit fixture for the canopy only, with a clip of the lighting to be provided to staff, and to deny the fuel center request. Mr. Lieberman suggested continuing the fuel center pending design revisions. Mr. Johnson agreed to change the motion to approve the pharmacy drive-thru as conditioned and continue the fuel center request pending revisions to be more . consistent with the PUD. Mr. Eastwood seconded the motion; motion passed unanimously. 2 . . . , City of Stillwater Heritage Preservation Commission January 4, 2006 Case No. DR/05-55 Design review of signage for Hoffman Heating and Cooling, 1709 S. Greeley St. Dennis Doerr, applicant. Present representing the applicant was Corey Halverson. Mr. Johnson stated the Commission's previous concern was with the starkness of the white background. Mr. Halverson said that concern could be addressed by dropping the wattage or placing some type of luminescent paneling behind the lettering. Mr. Johnson suggested perhaps some shade of blue might be appropriate. Mr. Johnson moved to approve the signage with the condition that the signage is centered on the bUilding and some type of blue colored translucent panel is placed behind the signage, with the additional condition that the final plan be reviewed by staff before installation. Mr. Peterson seconded the motion; motion passed unanimously. Other items: At Mr. Zahren's request, there was a general discussion about reader boards and how a particular reader board was installed if such signage is against the ordinance. Mr. Lieberman noted that all applicants have the right to appeal Commissions' decisions to the Council, and he spoke to procedures of enforcement. There was a question about a mechanism for follow-up to determine if plans approved by the HPC are actually what is finally constructed. Mr. Johnson noted that the HPC is not an enforcement tool, that is a staff function. Ms. Fitzgerald said staff now signs off on all plans, according to how the plans were approved by the HPC. Mr. Eastwood suggested the HPC should have design review of all commercial projects in the City; Mr. Johnson suggested it would be wise to get the infill design guidelines approved before taking on review of all commercial projects. A copy of the Chamber's Historic District Committee's response to the recently approved revised Design Manual for the Historic Downtown District was included in the agenda packet. Two concerns were highlighted in the response. Ms. Fitzgerald said a color pallet appropriate to the Victorian tradition was being prepared to address the concern related to color guidelines. The concern regarding height and proportion of new buildings she said is currently being addressed by the Planning Commission, which is considering a revision to the height guidelines. Mr. Zahren said the Historic District Committee would like an HPC member to attend one of its meetings to discuss the guidelines and said he thought that would be a good move on the HPC's part. Mr. Lieberman and Mr. Tomten agreed to attend the Historic District Committee's Jan. 12 meeting. Ms. Fitzgerald distributed a draft copy of a proposed outdoor lighting ordinance and asked members to review the draft for discussion at the February meeting. Mr. Johnson, seconded by Mr. Eastwood, moved to adjourn at 8:25 p.m. Respectfully submitted, Sharon Baker Recording Secretary 3 HERITAGE PRESERVATION COMMISSION APPLICATION DESIGN REVIEW FORM CASE NO. DRl06-03 . Heritage Preservation Date: January 4, 2006 Project Location: 1801 Market Drive Comprehensive Plan District: West Business Park Zoning District: BP-C Applicant's Name: Craig Mevissen representing SuperValu Type of Application: Design Review Project Description: Design review of a fuel center and a drive-thru pharmacy addition for Cub Foods. Discussion: The applicant is requesting design review and approval of an addition for a fuel center and a drive-thru pharmacy. The fuel center would have a booth, six pump stations, and a canopy. The canopy is white with red thin trim line. It is staff's opinion that something . needs to be done with the canopy. The color and the continuous line of it need to be looked at. Recommendation: Denial of the canopy as it is presented. Approval of signage and drive thru pharmacy. Conditions of Approval: 1. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. 2. All lighting in the canopy shall be recessed or shaded. Findings: The proposal meets the intent of the West Business Park Design Guidelines. Attachments: Application Form/Site Plan/Elevation Photo . · Memorandum To: Mayor and City Council From: Bob Lockyear, Interim Community Development Director Date: February 2, 2006 Re: Case No. ZAT/06-01& 06-02 and ZAMl06-01 Zoning Text and Map Amendment to create a New Neighborhood Conservation District and the Design Guidelines for infilJ development. . Background: In July 2005 the City Council directed the preparation of design guidelines to regulate new infill in the older part of Stillwater. An Infill Design Guidelines Subcommittee was fonned and the Planning Commission reviewed their proposal and approved it unanimously on January 9,2006. The intent of these zoning changes and the infill development guidelines is to provide a structure to encourage development that will fit into our older neighborhoods. Please see attached table for a comparison of the changes to the existing RB regulations. In addition to the dimensional changes there will be a "Design Guidelines" section that will give specific examples and direction for the Heritage Preservation Commission (HPC) to use when reviewing proposals. The Map attached indicates the extent of the new overly district and encompasses the older portion of Stillwater excluding the Business District (CBD). Recommendation: Staff recommends the adoption of the Zoning Text and Map Amendment to create a New Neighborhood Conservation District and the Design Guidelines for infill development. Attachments: Proposed Changes to the RB Zoning District Conservation Overlay District Map Stillwater Conservation District Design Guidelines . Proposed Changes to the RB Zoning District . RB District Minimum Lot Size Minimum Lot Width Minimum Lot Depth Current Standards 7,500 sq ft 50' 100' Possible Chanqes 7,500 sq ft 50' or70' (corner lots2) 100' Minimum Yard Setback House. Front Side 30' 10' or 10% lot width 20' Total 15' two sides 5' minium one side 20' 25' Corner,side Rear 30' 25' Garage Front 30' 30' minium and 10' behind front of house 20' 5' or 3' if garage in rear yard behind house 5' or 3' if garage in rear . yard behind house Corner side Side 30' 5' Rear 5' Maximum Impervious Lot Coverage 30% 35% Maximum Building Coverage o 250/0 Height Lot Size 2 Stories and 27 ft 21/2 Stories and 35 ft <14,999 sq ft > 15,000 sq ft Special Use Permit Multifamily Eliminate multifamily Notes. 1For substandard single family residential RA lots in the Neighborhood Conservation District, the RB single family zoning development standards shall be used. 2For new corner lots in the Conservation District, the lot width shall be a minimum of 70 feet. . -'-~----=~_/-_/ ere e K ~~ eLWATER COUNTRY CLUB \O',A Golf Course \f("k ~ \ \% ~ ~,~"'~ ~ ~"~~:O~OT sr M'MOi~ ~\ c~ ~~RVATION D I - ...~ t-=~S.Cf;OIXAVE. :Ol~~ ;~:-~ ~ '" ~ Sf'T~~:xt:R ro:VE Sf" ~ z o)ta:l ,LAY DIST. \\~ !~w ~o -,2 == ~ ~a::: C3 .... 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C/) C/) s'\. ~ NU'\\ \ ~ . w 0. W'C ,:;' ~ PINE 1-. (fl., '-N~ S'\. ' \ uj ~ C,US\ ~ ~ . ~ f----.-C.C -"""' CI W~ WILLA RD m \ ST. $ WIL LAR~( ST. C/)~C/) uj 0 E. @ . ! :3 t-= ~ ~ ~ 2~~ \n uj L:' ABBOT ST. ~ C/) LAKF" \n I !illQSO ST. I ", W. CHU RCH ILL ST. E. CHI RCH ILL STuj uj t-= 'U ST. If'tL I: I- ST. :s C/) ~ D UBU QUE W. At.:JB't:K ON w r- W W uj ~ ~ I \AI uj U "Cc. CK ST. E. HAN COCK ~ ~ ui -'- :S 'E E. BUR L1N GTO N _ST.w uj ~ ~ v '" MA RS~ ~ ~ STILLWATER JUNIOR '^ MA~ SH 1 ST~1:r E HIGH (j) en ~. ~ SCHOOL ( C/) uj ORLEANS C'T ~ t-= C/) DR. I- w ~ i;j 1(t ua7~U ~- · .sl~ ~~ poplo "'i ....... ...<Z) ~;I ; g1" J~ ~ ) \ HAZ L St<.\. ~ ~ 1 '\ ....... ~ "<1 j I \'" fvlLL W pT. d-i- ~F'I!'..R.. O't / I City -. ~, I( ~ ~~/~Lter STILLWATER COUNTRY CLUB Golf Course ilt( Y ke <' ""11: ~ LO'? KE HOSPIT + \ c a:: RIVING ..0 u1 ~.~ ~~TTER ~": ~ CIR h: \---...~ PADDOCK C/) 6 \~ ~ uj <' ""i~itl~\) !~"Ei j ~ ~ \.t_>\/J.} ~~--='-~ )~ w 0J.<( <( ... ~T. L ILUill 0 :S .........~c- 'Er~\_ ~ CD .. "'-l ~1l ----.J u..i 64th ST. N. ~ > c <(I <l U~63rd~T. N. U w ~. > ~I~ ~ ' ~ ~\\ FAIRVIEW z IIi Stillwater Conservation District Design Guidelines January 9, 2006 . Table of Contents . . Introduction. . . .. . . . . . . . . . . . . ,.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . .. . .. . .. . . . ..4 · Conservation District Purpose and Map · Design Review Purpose · Guidelines Purpose · Conservation District Area Background an Design Review Process.............................................................. .....6 · Types of projects needing review · Design Review considerations · Design Review process steps: o Initial Review Meeting o Application and Design Checklist Submission o Planning Staff Review and Report o HPC Public hearing o ApprovaVConditional Ap o Building Permit o Appeal o Enforcement Design Guidelines. ........................................................8 A Brief History 0 er Architectural Styles Stillwater Architectura les · Neighborhoods and Streets...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 o Mass' d Scale o Rh eetscape o Ro Height · Building . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..15 o Designing wIth natural features o Building features and design o Building size relative to site o Garage location and character · Architectural DetaiL................................................................ 20 o Fayade: doors, windows and proportions o Details supporting style o Materials, textures and color o Good Neighbor Considerations · Summary:......................................................................................... 24 Appendix o Design Checklist and Application Form o Conservation District Map o Stillwater Neighborhood Historic Architectural Surveys and Map o Resources o Acknowledgements Stillwater Conservation District Design Guidelines 3 Introduction . Stillwater, the "birthplace of Minnesota", is a historic town with a rich and varied character and architectural heritage. Influenced by its presence on St. Croix River and its unique topography, Stillwater's neighborhoods and streets showcase a range of residential architectural styles. Much ofthe architecture tha .llwater unique was developed in the prosperous Lumber Period of the late 1800's, ranging from dest worker's houses to elaborate 19th century "lumber baron" mansions. Conservation District A Residential Conservation District has b established to help protect and preserve unique character of Stillwater's residential neighborhoods, by regulating and providing Design Guidelines for new infill development within the District. Its purpose is rve the traditional neighborhood fa future infill development within th and discourage unnecessary demolit of structures that contribute to the distrIct's historic character. A C rvation District helps preserve local c i hborhood pride, and property so helps promote and sustain a nd affordable range of homes, and the geral economic vitality of the area. In the Cons . trict, new construction projects using standards that emphasize c development in terms of size, massing, elationship to the larger neighborhood context, and to a lesser extent, specific architectural features. Design Review Purpose The purpose of the Design Review is: · Establish a method by which those involved or affected by new residential construction in the District can work together to preserve that which makes Stillwater's neighborhoods unique. · Provide guidelines to help educate and inform the public about key issues regarding history, neighborhood and design context in new infill development. · Promote "Good Neighbor" considerations for new infill projects regarding design relationships and privacy of adjacent properties. 4 ~ + u. CONSERVA nON DJSTlUCT . See Appendix for more detailed map. Design Guidelines Purpose These Design Guidelines serve as a common reference for all those involved in the process of new construction in the District: · Property Owners, Neighbors and Residents · Architects, Designers and Builders · City Staff, Heritage Preservation Commission and City Council members The guidelines are intended to serve as a framework to guide the design process, while allowing for individuality and creativity in architectural design. . Stillwater Conservation District Design Guidelines . Introduction Stillwater Conservation District Area Background and History The area included in the Stillwater Conservation Distr' t was built between 1843, when the first lumber sawmill was constructed, and 1914 when the t log floated down the St. Croix River. During this era (1843-1914) Stillwater was a typic . eteenth century lumbering community - a place where logs were shipped and umber cut to build cities as distant as St. Louis. The Conservation District is a unique, pedestrian-oriented area with porches, mature landscapes, sidewalks and boulevards, built before the age of the automobile. The Conservation District is intended to conserve the characte f these older, nineteenth century residential structures and historic neighborhoods. In the first three decades of Stillwater's existen ost of the building took place downtown; in "the original bowl" as it was called. However, dunng that time, the more affluent built their homes on the hillsides surrounding downtown-above the fray. The remainder ofthe old city was built in the 1880's and 1890' n the national economy and the lumber business was good. Although the neighborhoo ge of residence sizes, there is a preponderance of smaller houses (many since added 0 at served working and middle-class residents. While people think of Stillwater in terms of i umber baron mansions," the smaller vernacular houses deserve equal attention in evaluating new construction design. . Original Stillwater · North Hill bounded by Downtown on the east and south; by Laurel Street on the north; by eet on the west. · South by Downtown on the north a illard Street on the south; by Fo treet on the west. · West Hill bounded by Downtown on the east; by Sixth Street on the west; by Myrtle Street on the north; by Pine Street on the south. Within the Conservation District, there are a few neighborhoods which merit particular consideration: . Pine Street In the late nineteenth century, Pine Street was considered the finest address in the city. Today it likely has the best concentration of large well-preserved homes of any street in the city. Infill on Pine Street should be subject to particular care. Stillwater Conservation District Design Guidelines Holcombe's Additions Located between Greeley Street and Holcombe Street; between Willard Street and Hancock Street, is the oldest residential area of the city outside of Downtown. Typical of the 1850's and '60's, most ofthe homes were small, and many of them have since been replaced with newer housing. Infill housing, particularly those adjacent to the older houses, deserve special attention and care. Dutchtown Dutchtown, or Charlottenburg, was a isolated community for much of the nineteenth century built around the Schulenburg & Boeckeler Lumber Company. It was the classic "company town" with almost all small houses of two and three rooms, for laborers at the mill. Today most of the houses have been replaced or enlarged, while the narrow streets cape still recalls its history. In the design of new construction, the historical antecedents of this area should be considered. 5 Design Review Process . Design Review Public Hearings are conducted by the City of Stillwater's Heritage Preservation Commission (HPC). The seven member HPC is appointed by City Council, and meets on the first Monday of every month. The HPC members are sen for their interest and expertise in historic reservation. Projects Subject to Design Review Infill new construction in Stillwater's Conservation District requires Desig Review. InfiU projects are new residentia commercial structures built on undevdope lots or previously occupied lots (where an existing structure exists and would be demolished), within the district. The HPC uses the Design Review Guidelin here to review proposals. Additions and alterations to existing buil gs are not subject to design review. However, it is suggested that the n guidelines presented here also be i e in the design of additions a , iven the impact such renovations e on adjacent residences, the streetsca and the neighborhood. Note that all t in the Conservation District is s Zoning Regulations for the site. Zo onservation District sites is Single Fatm Resident RA, Duplex Resident RB or General Commercial CA.(The Downtown is reviewed by the HPC using Downtown Design Guidlines.) Design Review Considerations Key elements of Design Review are: . Massing, scale and roof forms Design character in relationship to neighborhood, street, and adjacent houses Siting and existing natural features Details, Color, Materials, Landscaping . . . The goal of the guidelines is to help infill projects become a "good neighbor" by enhancing the unique character of the neighborhoods, the visual harmony of the streetscape, and the prevailing patterns of neighborhood houses. 6 eview Process 1. Initial Review Meeting: Applicant meets with City Planning Staff. The goals and intent of the Design Review process will be explained, along with the guidelines, application requirements and schedule. 2. Applicant Submission:Applicant submits completed Application and Design Checklist. The checklist indicates how the proposed infill development will relate to adjacent neighbors' houses, the streetscape. and the neighborhood (this form is included in the Appendix of this book). . Required scaled drawings include: · Site Plan: include location of proposed building(s) on property, lot area; indicate impervious surface, property lines, street/sidewalk location and approximate location of adjacent structures. Indicate proposed outdoor deck/patio and landscaping features. · Building Plan: dimensions, first floor area square footage. · Building Elevations: indicate building height, windows, materials, and color on all elevations. Indicate proposed exterior lighting. · Photographs of site and streetscape. · Regular Planning Department Development Application Form The design application should be submitted according to current deadline and meeting schedule, which can be obtained from the Planning Department. . Stillwater Conservation District Design Guidelines . . . Design Review Process 3. Planning Staff Reviews Project and Prepares Report: This report will be sent to applicant and the HPC. 4. HPC Design Review and Pub" Hearing: The HPC shall hold a pub hearing on all infill design review applications. The public will be notified in the local paper and notice sent to property owners within 350 of the site. At the meeting, the app present the proposed infil discussion and public input, the HP ill either approve, approve with conditions, or disapprove the pro ed design. 5. Approval: Whe approved, a Desi by the Planning Staff to Building Department. 6. licant, if not satisfied may, within 10 days, e application to the e decision to City 7. Building Permit: Once approved, the plans may be completed and submitted to Building Officials for Building Permit review. At this point the plans will also be reviewed for Design Permit compliance by the Planning Staff. 8. Enforcement: The Community Development Department will monitor compliance with Design Permit approval. Violations are enforced in accordance with City's Zoning Ordinances. Stillwater Conservation District Design Guidelines Desig .eview Goals and Intent In summary, the Design Guidelines and Design Review Process should not be overly restrictive or burdensome to the applicant. The guidelines are intended to provide a flexible framework of design considerations that can elp educate and guide the infill of our unique existing neighborhoods with new structures. This process cannot guarantee good design, but ideally will prevent infill that is insensitive, incongruous or detrimental to the nearby homes and the neighborhood. Applicants are encouraged to consider the impact of new infill construction and what it means to be a "good neighbor" to adjacent houses, the established streetscape, and the overall neighborhood character. Design Review Process Summary L Initial Review Meeting with City Staff 2. Complete Application and Design Checklist*; submit with drawings according to current schedule 3. Planning Staff review and report to HPC 4. HPC Design Review and Public Hearing: Approval, approval with conditions, or disapproval 5. If approved, Staff will issue Design Permit 6. Submit for Building Permit 7. If dissatisfied with HPC action, revise and resubmit, or appeal to City Council *See Appendix for Application and Design Checklist. 7 Design Guidelines Stillwater Architectural Styles . 1879 Panoramic View of Stillwater - courtesy of Emp;!on Archives Early History The general layout and plan ofStil aterwas based on models evolving since the platting of the first town ew England. The original plat of r reets and blocks organized re d commercial development rou el to the St Croix River. Later additio to this central downtown area were laid out according to standard north/south survey lines, resulting in a shift of the grid of city blocks. Small lot sizes allowed dense development of residential and commercial uses, with larger buildings required to occupy multiple lots. Stillwater's numerous ravines and steep hillsides created breaks and discontinuity in the grid, opening valuable green spaces, views, and overlooks. Often, prominent bluftline sites became the building locations for the city's most notable civic structures and residences. Locally milled white pine framed and sheathed the buildings, and locally quarried limestone formed most of their foundations. 8 Architectural Styles . Many of the first structures built in Stillwater were vernacular workers' houses, designed and built by local carpenters. Labor was cheap, but materials expensive, so the houses were often small, 1-1/2 stories, with gabled, wood shingled roofs. Most original houses were simple rectangles, but soon porches and other additions were made to increase living space, forming the familiar "L" shaped plans that we see today. With the use of architectural pattern books, more sophisticated styles popular in other parts of the country became common in Stillwater. Greek Revival, Italianate and Gothic Revival were among the first to take root in the 1850's-1880's, followed by the popular "Victorian" styles in the 1880's- 1900's, including Second Empire, Stick Style, and Que~m Anne. The following pages introduce and briefly describe several of the most common styles seen in Stillwater. . Stillwater Conservation District Design Guidelines 1111111111111111111 111111111111111 Greek Revival (1845-1880) The Greek Revival style emulates the Greek Temple with proportion and formal arrangement. It was popular with both public and domestic architecture in the mid - nineteenth century. The designs of the Greek Revival could be very simple or complex depending on the level of articulation. Most in Stillwater were detailed simply. Characteristics may include: • Primary low-pitched gable roof with returns at the eaves • Square or rectangular plan • Single or 1-1/2 story massing • Prominent, proportional columns and pilasters • Secondary (flat) roofs over porches; portico at entry • Entry door with sidelights and narrow transom • Simple, flat trim at corners and frieze board beneath eaves • Evenly spaced windows Design Guidelines Stillwater Architectural Styles 19th Century Vernacular (1845-1910) Vernacular Houses of the 19th century are numerous in the district, modestly sized, and of simple construction. They may have been designed by carpenters or by the owners themselves, and built with locally milled and manufactured products. These houses originally had minimal ornamentation and often have very simple plans and elevations. Local examples are often 1-1/2 stories. Characteristics may include: • Front gable or side gable • Rectangular or L-shaped plans • Close proximity to neighboring houses • Lap siding • Minimal ornament — of standard millwork (turned or stamped) • Standing seam steel roof material or wood shingles • Receding or minimal additions at rear • 2 over 2 double -hung windows, vertically proportioned • Chimney in center between rooms Stillwater Conservation District Design Guidelines 9 Design Guidelines Stillwater Architectural Styles Italianate (1850-1885) The Italianate style was commonly built in Midwestern cities in the mid to late 19th century. Often these houses are two or three stories. Italianate houses follow a more casual interpretation of ideas that influenced the formal Italian renaissance houses of Europe. Much effort was given to the decorative elements, especially at window & derir openings and eave details. Characteristics may include: • Low pitched hip (often truncated) roof • A square plan • Full two story massing • Symmetrical arrangement of windows and entry • A porch roof carried by square posts (with chamfered corners), which rest on low pedestals. • Single or paired brackets at eaves • Decorated cornice line • Elaborate window and door trim Queen Anne (1880-1910) The Queen Anne style became popular toward the end of the 19'h century and continued into the first decade of the 20th century. Pattern books, mail-order plans, manufacturing, mass production and distribution were popularizing the notion of architectural style. Manufactured products, doors, windows, and spindles, were used in a more decorative manner. Decorative patterns of masonry and wood siding materials are also common in the Queen Anne style. Characteristics may include: • Multiple steeply pitched roofs • Asymmetrical plans and facades • Porches with lathe -turned and sawn trim • Numerous ornamental elements • Variety of window shapes and sizes • Textured wall surface treatment • Extended, decorated upper gables • Patterned masonry chimneys Stillwater Conservation District 10 Design Guidelines Design Guidelines Gothic Revival (1840-1890) Steeply pitched central gable or pairs of small gables, Dormers as extension of walls, pointed or arched windows, vertically enhanced proportions. French Second Empire (1850-1885) Mansart roof (straight, flared, concave, or convex), Molding/trim at the break line between roof planes, scrolls at sill of window trim, Italianate cornice, brackets, and cave details. Stillwater Architectural Styles American Foursquare (1900-1930) - 'iypically 2 or 2-1/2 stories, relatively square plans, regular facade, low pitched hipped roofs, with hipped dormers, full- length front porch with square columns. East Lake -Stick Style (1870-1890) Steep roof pitches, multidirectional wall texture (usually of board siding), exposed gable trusses, rafter tails and bracketing. Stillwater Conservation District Design Guidelines 11 Design Guidelines . Stillwater's neighborhoods are composed of pedes tria riented streetscapes with a wide variety of architectural styles. Originally, some neighborh were populated with modest homes of laborers, while others had more elaborate residenc ed by open spaces. Gradually, many of the smaller homes were modified and added onto, an many open spaces and vacant lots were infilled with a variety of homes. The result is an eclectic mix of residential styles and sizes that can be seen on most streets within Stillw er's Conservation District. One primary Design Guideline goal is to infill structures relate to their streetscape and neighborhood, as well as to individual hous ent to the infill site. The intent of these guidelines is not to provide a t set of rules, but rather general design considerations and principles to help guide development of these sites. The next section contains the De organized by Nei hborhood and 15), Architectural Details (Guideli 21-27). . . es for infilllots. These Design Guidelines are Idelines 1-5), Buildine aud Site (Guidelines 6- -20) and Good Neiehbor Considerations (Guidelines '~ /' . ~ /<~ . ./ /< / "" ;-/ / /" " ~ d Consider neighboring structures on infilllots. Guideline # 1 Massing and scale of a new building should be compatible with neighboring structures. The scale and volume of the new building should respect its context and adjacent neighbors, not overwhelm them or stand out due to inappropriate size. The massing and scale of new buildings should try to follow the predominant pattern of the neighborhood. Special consideration should be given to adjacent structures, especially if they are consistent with the pattern of the neighborhood. A well designed building and site has a proportional relationship with adjoining properties and maintains the rhythm and scale of the streetscape by using similar massing, proportions and details. . 12 Stillwater Conservation District Design Guidelines . . . Appropriate infill: New house maintains overall massing rhythm, sideyard spacing and aligns with predominant street setback. Design Guidelines Neighborhoods and Streets ropriate Infill: New house is more massive, dl rhythm along street and does not follow existing alignment. Guideline #2 Respect the existing rhyt streetscape. New infill construction should attempt to maintain the exist" attern and rhythm of the stre Uniform narrow lots na set up a strong rhythm on the streetfront, and many design aspects of new construction should be considered in relating to that rhythm. Building massing, scale and orientation, roof forms, porches, building setbacks, garage and driveway locations, and landscaping all can contribute to the new structure's compatibility with the existing pattern and rhythm of the streetscape. Stillwater Conservation District Design Guidelines Guideline #3 Follow alignment and setbacks predominant on the street and adjacent properties. One important component of street rhythm is the building-front alignment and setback from the street and boulevard. On many blocks, there is a predominant setback or alignment that, when followed, helps reinforce a feeling of unity on the streetscape. In most cases, relating to the predominant alignment is appropriate, even if some existing structures may not follow it. Varying lot sizes, corner lots, and other considerations should be examined on a case-by-case basis to determine where, and to what degree variations from setbacks are appropriate. 13 Design Guidelines Neighborhoods and Streets --- Appropriate infill: Roof forms, height, and d compatible. Guideline #4 Design new roofs to be compatible with forms of 'sting roofs in the neighborh The perceptio massing and the rhythm of a buildi s greatly affected by its roof form and height. Though a variety of roof forms may be seen on a street, the new building's roof should appear compatible in scale, pitch, orientation and complexity to those surrounding it. Oversized roofs due to unduly massive building volumes, or large unbroken roof surfaces parallel to the street, are examples of roof forms to be avoided. If the infill building is larger than those nearby, consider adjusting the massing to allow the larger roof forms to be more articulated and broken down into smaller, well-scaled components. 14 . --- Inappropriate Intill: Roofforms are not compatible; large unbroken surfaces. Guideline #5 Building height should be considered in choosing roof forms, architectural style, and relating to context. . Building height alone isn't adequate in considering the relationship of adjacent structures. Two buildings of the same height can be perceived quite differently in terms of scale and compatibility, depending on the overall massing of the building, its articulation and its roof forms. Certain architectural styles are more appropriate than others when considering roof forms that fit a site and its context. Consider the pitch, slope and orientation of primary gables, and the use of hip roofs, in adjusting the apparent building volume, mass, and height, as appropriate to building style and context. Consider using projecting elements, roof forms, shed roofs, dormers and gables, when appropriate. . Stillwater Conservation District Design Guidelines . In Stillwater, many sites have natural features, sloped Building and site design should respond to and be i building to the land rather than the land to the buil Design Guidelines Building and Site ography, and existing mature trees. ced by natural features, adapting the Appropriate: Adjust the building to respect existing vegetation and slope. . Guideline #6 Building and site design should respond to na al features. Locate build' n the site to work with existi trees, slopes, and other natural onsider locations of w aJks, dr:ivew ays arages that will minimize site disruption, erosion or damage to nearby or adjacent root systems. . Guideline #7 Respect the site's natural slope in new building design: minimize cut, fill and retaining walls. When possible, locate structures to follow the natural contours of the property. Organize the building's massing to step down and work with the gradient, rather than creating an artificially flat building pad with abrupt retaining walls. (Note: refer to City's Slope Ordinance for restrictions on slopes greater than 25%). Stillwater Conservation District Design Guidelines Inappropriate: Clearing the site; using cut and fill and retaining walls. Guideline #8 When retaining walls are necessary, minimize their impact. Design of retaining walls should minimize grade change by creating gradual steps or tiers. Consider the form and material of existing walls in the neighborhood, especially where visually prominent (such as along the boulevard and street frontage). Use landscaping to soften and minimize visual impact. Guideline #9 Preserve significant trees. The design and siting of the building should consider existing trees on site and immediately adjacent. Consider the tree canopy and root zone, and avoid excessive removal of topsoil from building site. Consider permeable materials for paths and driveways in sensitive areas. 15 Design Guidelines Building and Site . Most homes in the Conservation District were originally built without garages. Often, detached garages were added in the back yards, with the house f~~ade emphasized at the street front. Garage and driveway location and design character h~t~}~portant impact on site, building design and compatibility with the neighborhood. Sp~cial co~~.~geration should be given to size, mass and location of the garage in new construction, and its relationship to the building and the immediate streetscape. .' ., /' . / ~. "-. >. . '- ./' Appropriate: Recessed garage emphasizing house at streetfront. Guideline # 1 0 Locate garage and driveway to respect existing street and neighborhood patterns. Because of the impact garage location has on streetscape and building massing, consider existing neighborhood garage/ building/site relationships in new infill site and building design. Garage design should relate strongly to th~ main structure. 16 ~'- . Inappropriate: Garage-dominated "snout" house. Guideline # 11 Minimize garage impact on new structure massing and street front. Design the garage to set back and defer to the main building massing. Consider tandem garages, or side-loaded or backyard garages where site permits. Avoid oversized garages that dominate the site and street frontage on narrower lots. Consider dormers, windows and other design elements to help break up blank garage roof forms or walls. Single garage doors are prefered over double garage doors. Minimize driveway paving area. . Stillwater Conservation District Design Guidelines . Design Guidelines Building and Site Many areas within the Conservation District have buildings that are relatively consistent in proportion to their site size. This proportion of building to site contributes to a sense of unity on the block, and is related to Guideline # 1. -t-.-j-. ! i ! ~ I I t Appropriate: Footprint of building maintains scale and pattern of neighb . Inappropriate: Oversized footprint of building ignores scale and pattern of neighborhood and neighbors' open spaces. . Guideline # 12 The size and mass of the structure should be compatible with the size of the property. Consider the open space around a structure, and how it relates to the pattern of the neighborhood. Provide enough space to allow for sunlight and air, enhance privacy, and preserve the character of the neighborhood. Stillwater Conservation District Design Guidelines By using less than the allowed maximum lot coverage, and by varying the building footprint within the required setbacks, a more interesting structure can be created, with a variety of outdoor spaces. Maximizing lot coverage and building out to setbacks can result in a structure of inappropriate bulk and mass, relative to the streetscape. 17 Design Guidelines Building and Site Front porches are generally desirable design elements in new structures. Front porch elements are found on many of the District's homes, both large and small, helping provide a transition from the public street to the private realm of the house. Porches help break down the scale of a front fagade, and encourage interaction between the street and,house. Guideline # 13 Consider front porch elements in the design of infill structures. Part of the rhythm of the existing streetscape may include front porch elements, including open or enclosers single story porches or minimally, entrances porticos. New infill structures should reflect the pattern of the neighborhood and adjacent structures with respect to porch elements and design. Guideline # 14 Accessory buildings should be compatible with the main building. Accessory buildings (including garages) should strongly relate to the main building design, including roof pitch, windows, trim details and materials. This relationship increases in importance with the visibility of the accessory building from the street. Accessory dwelling units, where allowed, can promote affordable housing and flexible living arrangements. 18 Stillwater Conservation District Design Guidelines . . . Design Guidelines Building and Site Appropriate: Details are consistent on all sides. Guideline # 15 Design and detail new constructi four-sided architecture. Four-sided architecture building's style, design and det t on all sides, not just the front It recognizes that all sides of a house are v "Ie and affect the neighborhood, especially those sites adjacent. Four-. d architecture, regardless of style, is authentic, bringing a character consistent with the character of e r-sided design in the neighborhood. Roof forms, location and style of window openings, siding materials and texture, trim and detailing all play a role in creating consistent, honest, four-sided design. Stillwater Conservation District Design Guidelines Inppropriate: Details and material use are not consistent. 19 Design Guidelines Architectural Details . Some architectural details and building elements can have a strong effect on the perceived compatibility of a house with the streetscape. Although building massing, setbacks, and height may have a primary role, the careful use of details, materials, color and lighting can also help the new structure's fit in the neighborhood. Appropriate: Window openings and trim are proportional to building and solid wall surface. Guideline # 16 The fa~ade of the str compatible in scale and cha houses of the streetscape. Window and door placement, proportions, and size can affect a b compatibility with adjacent structu ses on the street tend to have a co calor horizontal emphasis in their faca ents, this should be incorporated in the new structure design. 20 Not appropriate: Windows and trim are not proportional to the building; lacking detail. . Guideline # 1 7 Building elements should be proportional to the scale and style of the building, and its context. Building facades should provide visual interest and a sense of human scale. Door and window proportions should relate to the style of the building, and fa~ade design and detail should be consistent in all elevations of the structure (see Guideline #15). Tall narrow window openings are appropriate with some traditional styles of architecture, while larger openings may fit more contemporary styles. Avoid large area of blank walls, disproportionate gables sizes or shapes, minimal detailing. Features such as bay windows, bump-outs, dormers, and masonry chimneys cart help add detail and enliven facades. . Stillwater Conservation District Design Guidelines . . . Design Guidelines Architectural Details A creative use of architectural details is encouraged in and support the architectural style of the house will e its fit with traditionally detailed homes in the neigh w construction. Details that develop the appearance of the house and help 6 OVER 0 SASH DOUBLE HUNG WINDOWS :/:GABLEROOF FRIEZE TRIM FASCIA TRIM ~ EAVE RETURNS LAP SIDING SHED PORCH ROOF COLUMNS 2 PANEL DOOR __ WATER TABLE TRIM Guideline # 18 Use architectural details to create visual interest and support architectural style. Architectural details, such as columns, brackets, rails, window, door and comer trim, watertable and horizontal banding, frieze and fascia boards can greatly affect a building's design and compatibility with adjacent structures. An absence of detail, especially in traditional styles, conveys a sense of cheapness or lack of authenticity. Stillwater Conservation District Design Guidelines 21 Design Guidelines Architectural Details . Materials usage, texture and color also affect the appearance of a new structure and can play an important role in developing the architectural style, and whether the new building fits well within the streetscape and neighborhood. Narrow lap siding is common in older houses. Guideline #19 In new building design, consider appropriate materials, textures and colors, and their relationship to other buildings of the neighborhood. Developing a relationship of building materials to prevailing materials of the streetscape can help unify old and new structures of the neighborhood. Traditonal materials may include wood, stucco, stone, brick, and shingle siding. The use of natural materials, rather than simulated, is preferred. Color, though a matter of personal choice, should complement the structure and streetscape. For traditional styles, consider historic color palettes, often of three or more colors. 22 Appropriate . Inappropriate Guideline #20 Use masonry and stone authentically. Masonry and stone materials, especially thin- veneer types, should be used carefully, and in an authentic way. Their primary use as a foundation element relates well to the traditional use oflocallimestone and brick in historic Stillwater structures. A secondary use may be enclosing exterior chimney massing, starting from the grade up. When masonry and stone is used as cladding for wall elements, care should be taken to define building mass elements with it, typically terminating it at inside comers. (see also guideline #15). Stillwater Conservation District Design Guidelines . Design Guidelines Good Neighbor Considerations Many of the design guidelines presented here are based on the simple goal of helping a new infill project be a "good neighbor " to adjacent existing houses and neighborhood. In addition to visual design compatibility, other considerations should be addressed, including maintaining privacy, access to views, light and air, and drainage issues. Inappropriate Infi11: Tall mass may obstruct sunlight to adjacent yards. Guideline #21 Locate taller portions of buildings to minimize obstruction of sunlight to adjacent yards and rooms. Guideline #22 Consider neighbor's views in placement and size of new building elements. Guideline #23 Windows, balconies and decks should be located to respect privacy of neighboring properties. Guideline #24 Consider using landscape elements and fences to buffer views and maintain privacy between properties. Appropriately shielded fixture with motion sensor. Guideline #25 Minimize the impact of exterior lighting on adjacent properties. Use recessed downlight fixtures or shields. Avoid floodlights and non- shielded point source lights. Use motion sensors and timers to control fixtures. Guideline #26 Design grading and impervious surface drainage to minimize water run-off impact on neighboring properties. Guideline #27 Contain debris and respect noise restrictions during construction. Stillwater Conservation District Design Guidelines 23 Design Guidelines Summary . The applicant submitting for new construction infill pr early, meeting with planning staff to better understan raised during the review process. cts is encouraged to begin the process concerns and questions that may be These Design Guidelines are intended to provide background on the special nature of the Conservation District, and a common basis and framework for evaluating proposed designs. The Design Review Process is intended to help t pplicant understand the Design Guidelines, improve the quality of design, and provide Hearing in which concerns of neighbors and those affected by the infill can be heard. Stillwater is a unique city, defmed by a combination of natural features, historic neighborhoods and streetscapes that showcase a rich architectural heritage. The Stillwater Conservation District is intended to help preserve the ch rand features that make these neighborhoods so memorable. . 1879 Panoramic View of Stillwater - courtesy of Empson Archives . 24 Stillwater Conservation District Design Guidelines . . . Stillwater Conservation District Design Guidelines Design Guidelines Appendix Stillwater Conservation District Map . creek n........... U Stillwater Conservation District . . Stillwater Conservation District Design Guidelines . Stillwater Neighborhood Architectural Survey Map . -' -1- AK HILL s: CT, N, ~ <[ creek STILLWATER NEIGHBORHOOD HISTORIC ARCHITECTURAL SURVEY A- DUTCHTOWN ADDITION B - CARLI AND SCHULENBURG ADDITION C - STAPLES AND MAYS ADDITION D - NORTH HILL (ORIGINAL TOWN) E - GREELEY ADDITION F - SOUTH HILL G- HOLCOMBES ADDITION . H - WEST HALF OF THE CHURCHHILL, NELSON, SLAUGHTER ADDITION I - EAST HALF OF THE CHURCHHILL, NELSON, SLAUGHTER ADDITION J-HERSEYSTAPLESADDITION Stillwater Conservation District Design Guidelines . Design Review Application and Checklist This Design Review Application and Checklist should be submitted with a City Planning Application Form Contact: Stillwater City Planning Office 651-430-8821 City Hall 216 N. 4th St. Stillwater, MN 55082 www.ci.stillwater.mn.us Project Address: Applicant name, address, telephone: 1. Neighborhood Architectural Styles: o Vernacular 0 ltalianate o Queen Anne 0 Gothic o Greek Revival 0 Second Empire o American Foursquare 0 Stick o Other: 2. Prevailing neighborhood streetfront setback: (Guidelines #1, #2, #3) Prevailing setback on block (est.) Average setback on block (est.) Proposed new house setback 3. Is the pattern of homes in your neighborhood 1,1-1/2, or 2 stories high? (Guidelines #4, #5) Stories House on right House on left House to rear Prevailing on block Prevailing opposite block Proposed new house 1 1-1/2 o o o 4. Prevailing Front Porch pattern in neighborhood: (Guideline #13) Porch None House on right 0 House on left 0 House to rear 0 Prevailing on block 0 Prevailing opposite block 0 0 Proposed new house 0 0 Notes: (p 1 of2) 5. Prevailing Garage Location pattern in your neighborhood: (Guidelines #10, #11) Front Rear Side Garage Garage Garage House on right 0 0 0 House on left 0 0 0 House to rear 0 0 0 Prevailing on block 0 0 0 Prevailing opposite block 0 0 0 Propose ew house 0 0 0 g Garage Size in your ~uidelines #10, #11) 1 stall 2 stall 3 stall Garage Garage Garage 000 000 000 000 000 000 . ouse on right o on left to rear 'ling on block Pre ~ng opposite block Proposed new house Is the proposed garage compatible in orm and detail with the design character ofthe main house? (Guideline #14) 8. If the proposed structure/garage location, setbacks, size or general design character does not fit prevailing neighborhood patterns, how do you propose to reduce its impact on the neighborhood and streetscape? : . Stillwater Conservation District Design Guidelines . Design Review Application and Checklist 9. Does the proposed structnre work with natural slopes and contours of the property? (Guidelines #6, #7, #8) Q Structure sited parallel to slope Q Building deigned to reduce cut and fill (minimized retaining walls) Q Landscaping incorporated into grading changes Notes: . 10. Are there significant trees on the property? Will any trees be removed or damaged by new construction? (Guideline #9) Q Types of trees Q Heights Q Trunk diam. Notes: 2. Will the proposed structure significantly affect your neighbors' privacy?(Guidelines #22,#23) House to right: House to left: House to rear: Notes: How will you igate any negative impacts on neighbors' privacy? Q Offset/locate windows to reduce impact Q Use obscure glass in window ocate balconies to minimize impact. se landscaping elements for screening her: Good Neighbor Con 1. Will the proposed structure significantly affect your neighbo ' ess to sunlight in adjacent yards, ms? (Guideline #21) House to right: House to left: House to rear: Notes: . How will you mitigate any negative sunlight impacts on neighbors? Q Locate structure on lot to minimize impact Q Adjust building height, or portions of building, to minimize impact Q Other: Stillwater Conservation District Design Guidelines 3. How is outdoor lighting impact minimized for neighbors?(Guideline #25) Q Lights are located or directed away from neighboring property Q Light fixtures are shielded to prevent glare at neighboring property Q Other: To be included with this Application and Checklist: Q Site Plan: include location of proposed building(s) on property, lot area; indicate impervious surface, property lines, street! sidewalk location and approximate location of adjacent structures. Indicate proposed outdoor deck/patio and landscaping features. (J Building Plan: dimensions, frrst floor area square footage. (J Building Elevations: indicate building height, windows, materials, and color on all elevations. Indicate proposed exterior lighting. (J Photographs of site and streetscape. (J Regular Planning Department Development Application Form (p 2 of2) Design Guidelines Resources . Most of these resources are available at the Stillwater Public Library, or through the Washington County Library System: Stillwater historic contexts: a comDrehensive Dlanninl! aDDroach. Robert C. Vogel & Assoc., 1993 North Hill (oril!inal town) Stillwater residential area. Norene A. Roberts, 1995 Final reDort for the South Hill Stillwater residential area Norene A. Roberts, 1996. ta Donald Empson 1999 A histo Ahistorv of the Hersev StaDles addition residential area. Stillwater. Minnesota Donald Emp:;;on 2000 A histo Donald Empson 2001 A histo 0 the West Hal 0 the Churchill Nelson er addition residential area Stillwater. Minnesota Donald Empson 2002 A historv of the East Half of the Churchill. Nelson Slaul!hter addition residential area. Stillwater. Minnesota Donald Empson 200 . Death 0 a Dream: Classic Minnesota Farm es by William Gabler. 1997 >&~i~ Guide to the Architecture of Minnesota by David Gebhard and Tom Martinson, 1977 Minnesota Houses by Roger . ia and Lee McAlester. 1993 ~, and Your Nei hborhood, by Betsy J. Green, 2002. Draftinl! a House Historv. by Barb:::'If3ezat, 1979. House Histories: a Guide to Tracinl! the Genealo1!V of Your Home. by Sally Light, 1989. The Old House Jo ished bi-montWy) 2 Main Street, Gloucester, MA 01930 Traditional Bui bi-monthly) 69A 7th Avenue, Brooklyn, NY 11217 Preservation Brief Seri For those interested in preserving older structures, The US Department ofInterior publishes over forty Preservation Briefs on many aspect of building conservation. These are available online at: www.cr.nps.gov/hps/tpslbriefs/oresbhom.htm Bird's Eve Views of Stillwater 1870 and 1879. Drawn By Albert Ruger. Originals in the Washington County Historical Society, Warden's House Museum. Reprints available from Empson Archives, PO Box 791, Stillwater, MN 55082 Washinl!ton Countv Historical Societv P.O. Box 167 602 Main Street North Stillwater, MN 55082 Telephone: (651) 439-5956 WCHS has a significant research collection on Stillwater and Washington County. The research library is located in the Carriage House of the Warden's House Museum. . Stillwater Conservation District Design Guidelines . Acknowledgements Stillwater City Council . Jay Kimble, Mayor . Ken Harycki . Dave Junker . Wally Milbrandt . Mike Pohlena Infill Design Guidelines Subcommittee . Paul Teske (Chair) . Robert Gag . Jeff Johnson . Dave Peroceschi . Roger Tomten Heritage Preservation Commission . Howard Lieberman (Chair) . Jeff Johnson (Vice Chair) . Phil Eastwood . Larry Nelson . Brent Peterson . . Roger Tomten . Scott Zahren Stillwater Planning Commission · Robert Gag (Chair) · David Middleton (Vice Chair) · David Junker (Council Rep.) · Suzanne Block · Gregg Carlsen · Mike Dahlquist · David Peroceschi · Paul Teske · Jerry Turnquist Stillwater City Staff · Steve Russell, Director of Community Development Consultants · Don Empson, Empson Archives · Brian Larson, AlA, Larson Brenner Architects . Credits · Minnesota State Preservation Office · Rivertown Restoration Stillwater Conservation District Design Guidelines .r l . i Jyyater 216 N. 4th Street Stillwater, ltIN 55082 Telepllone: 651.430.8800 Fax: 651.430.8809 l IIi ttIlT.' Lite ( Of M '""t, D11l. i1PPLICilTION FOR SPEClilL EVENT All items on application MUST be completed and received by the City 45 days prior to proposed event Incomplete applications will not be processed Submittal Date: January 16, 2006 APPLICANT INFORMA TlON Email Address: Andrew.Dahl@Tetrapak.com Organization Minnesota Bicycle Festivals, Inc. Type of Organization Non-Profit For-Profit x Contact Person Andrew Dahl Address 6033 Oakland Ave. So. City Minneapolis State MN Zip 55417 Daytime Phone 612-237-4214 Alternate Number EVENT INFORMA TlON (Special Events involving the use of City Property may require Park Board or Parking Commission Review. Events on Private Property may require Planning Commission review) 8am - 4pm Hours of Event (Special Events conducted after 10:00 p.m., require Council approval of a variance to the noise ordinance) Date{s) of Event . June 18th, 2006 (Sunday) Purpose & Description of Event Please see attached documents. Proposed Location of Event (be Please see attached documents. specific) If Lowell Park is to be used: North Lowell Park or South Lowell Park (Circle which one or both) Type of Event Professional Bicycle Race - Part of Nature Valley Grand Prix Estimated number of people to attend 2,000 Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put NIA in the space) Selling Alcohol Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day Permit to Consume eite Map (required) Impact on Parking (required) (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) x _ (attach to application) Describe: Public Parking Lots on 2nd/Olive and 2nd/Oak to be used for event, potential to use parking on 3rd/Pine, other parking to be on-street but off race course. (CONTINUE ON BACK) ,\, , Special Sign age x Describe: Detour and Road Closure Signage, No Parking, Open Businesses - all for day of event Letter of Approval by Property Owner if on Private Property (attach to application) . Tents or Membrane Structures Cooking Operations Water Activities (River/Lakes) x Size1-20'x20', 6-10X10' Location parking lots X Propane X Deep fat frying River Lake Name: Exiting Points open sides Other EMS Needs Open Flame or Burning Operations Fireworks Street Closure ~ EMT Standby x Ambulance Standby X Fire Department Standby Describe Police Officer Needed What Streets: See Attached Map (Required if alcohol is being served on public property and attendance is over 75 people or at the discretion of the Police Chief) - Contact Stillwater Police (651- X 4351-4900) to arrange for officer X Restrooms (Portable) X (Applicant to pay for restrooms - Contact Public Works 275-4100) Live Entertainment X Announcer with background music Type of Music . appropriate for all ages Statewide TV adds, newspapers, distributed flyers around metro area, national bicycling publications Level of PromotionlAdvertisement sig. Andrew Dahl Applicant Signature I .,*~:(,.,_., ~.,:,-",jj ,'/; ""--"-""'!i,V -\WN',:::,; u ,t;;Q~l;IGE USE ONLY :;)~ Community Development @ Comments: City Administrator G2r City Clerk U2r Fire Chief D Police Chief D Public Works Director D Public Works Superintendent ca-- Parks Board Approval Required D Planning Comm. Appr. Required D City Council Approval Required D FEES (if applicable) Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit $250.00 Other Fees: . TOTAL FEES ;" .' . srd Annual Nature Valley Grand Prix Stillwater Criterium part of the Great River Energy Bicycle Festival Tentative Racing Schedule June 18th, 2006 . 11 am - Streets closed 11 :30 - Cat 2,3 (40 min.) 12:30 - Women's intra 12:40 - Women's elite race (45 min.) 1 :40 - Men's Intra 1 :50 - Men's elite race (60 min.) 3:30 - Streets open . '\ . . aUld ,.ttt"-IU t~p ~I. \l Wl1)Q p:;.;l e!OOl),\M1$ H lC.;;>dl,t == il:JIPt! wnp9lP8 JeleMlUlS . " . Nature Valley Grand Prix Stillwater Criterium Sunday, June 18,2006 Proposal for the City of Stillwater, Minnesota The Great River Energy Bicycle Festival is a five-day cycling event. The Festival includes activities ranging from professional bicycle racing to lots of options for kids and their families. This will be the Festival's eighth year and fifth year in Stillwater. The Festival's road racing events are organized into a series, titled the Nature Valley Grand Prix. The Grand Prix is part of the National Racing Calendar (NRC), USA Cycling's listing of the top professional races in the country. On its weekend, the Grand Prix is the most important bicycle race for pro cyclists in North America. . Professional/Elite Bicycle Races in Stillwater The Nature Valley Grand Prix concludes with a race in Stillwater and that is regarded as "the most difficult bicycle criterium in the United States! n. For 2006, the Stillwater Criterium will be held much the same as before with some minor improvements to attract more spectators and racers and again will be the closing race to the weekend's events. The 2006 Stillwater Criterium will include just three divisions: pro/elite men, pro/elite women and advanced amateurs. Lower level amateur divisions are not offered in order to ensure that the event runs safely, efficiently and with a minimum of inconvenience to the residents and businesses. Associated Activities The audience for the Great River Energy Bicycle Festival is Minnesota and Wisconsin families. In addition to bicycle racing, the Festival organizers provide stunt riders, DJ music and kids' activities. Stillwater area groups are encouraged to add their own family activities to the Festival. Our goal is to make this event into a partnership between the Festival and the community. Race Route & Venue The race course will be the same one used in the previous four years. See map. Street/Road Closures A complete closure of the race course is needed to ensure safety for racers, spectators and residents. This circuit will be closed to traffic and free of obstructions (e.g. parked cars, dumpsters). Closure will last from llam to 3:30 pm. . -\ . Schedule 11 am - Streets closed 11 :30 - Cat 2,3 (40 min.) 12:30 - Women's intro 12:40 - Women's elite race (45 min.) 1:40 - Men's Intro 1 :50 - Men's elite race (60 min.) 3:30 - Streets open Resident Notification & Accommodations A key to a successful event is to minimize inconveniences for the residents. Pre-Event . Late Winter I Early Spring - Letters, schedules and course maps will be sent to all affected residents andbusinesses. The letters will include contact information for people wishing to discuss their concerns with the organizer. . Two weeks advance - A reminder will be delivered to the residents and businesses affected by impending street closures. . Day Prior to event - Street closure signs will be posted per Police Department guidelines. . Other - Press releases and maps will be sent to the Stillwater Gazette (among other media outlets). Posters and brochures will be distributed throughout the community. Event Day . . Pedestrian crossings - Pedestrians can cross the course at many locations. . Detours - will be designated per Stillwater and Washington County guidelines. . Maps - Course marshals will provide course maps and schedules to motorists who ask for information. . Vehicle crossings - vehicles can cross the course under police or race director supervision (driving on the course during a race is prohibited for safety reasons.) . Vehicles on the course - If it is essential that a vehicle use the course during the event, they can do so before, between or after the completion of the races. Route Security Route security will be provided by a combination of police and volunteers. Every intersection will be staffed and police will be stationed at key intersections. Many of the comer marshals will be equipped with radios. Four police officers will be on duty. One each will be stationed at Chestnut/2nd, Pine/3rd and 3rct!Chesnut. The fourth officer will "float". Construction Schedule A limited amount of event setup may be conducted on Saturday, June 11. This will primarily involve pre-placement of materials to be used the next day (e.g. barricades, snow fencing). Event setup will begin Sunday morning at 7 am and will be completed by llam. . . Road barricades needed to close the race circuit will be pre-placed on Friday or Saturday They will be pulled into place when needed (see above) and then pulled back when the roads open. Tear down will begin at 3:30 pm and should be completed by 6:00 pm. Most materials will be loaded into trucks immediately. Materials requiring pickup by vendors (e.g. road barricades) will be removed on Monday. Parking To minimize congestion in downtown Stillwater, we will use the event web site and printed materials to encourage racers, volunteers, officials, organizers and anyone who is traveling to Stillwater specifically for the race to park in lots that are either inside the course or are up the hill (e.g. Lots 12, 13 & 14, as designated on ilovestillwateLcom). We will also encourage people to travel to the event by bicycle and will provide a secure bike corral for their convenience. Requested City Support: Police: 4 officers onsite - Chief Dauffenbach and Craig Peterson are event contacts Medical Personnel: 2 EMT's onsite - Stuart Glaser is an event contact . Insurance The Nature Valley Grand Prix is permitted under USA Cycling, the national governing body of the sport of bicycle racing. Insurance is provided by USA Cycling's carrier, American Specialty Insurance Services ofRoanoake, IN. The policy includes $1 million in liability coverage per incident and $4 million in excess liability in addition to other coverage. The City of Stillwater, sponsors and other participating parties will be named as "other insured" and will be issued certificates of insurance. Benefiting Charity All proceeds made from the Nature Valley Grand Prix will be benefiting our charity, Children's Hospitals. Organizing Body The Great River Energy Bicycle Festival is organized by Minnesota Bicycle Festivals, Inc. MBF is a non-profit corporation that was established specifically to create and manage bicycle racing events. The MBF officers, Board of Directors and the managers of all of the component events donate their services to support the Festival and Children's Hospitals. Other MBF races have taken place in downtown St. Paul and Minneapolis, the Minnesota State Capitol, the University of Minnesota campus, Redwing, Winona, Virginia, Mankato and Plainview. . "h . February 2,2006 To: Mayor Jay Kimble Councilman Ken Harycki Councilman Dave Junker Councilman Wally Milbrandt Councilman Mike Polehna City Administrator Larry Hansen City Attorney Dave Magnuson From: St. Croix Events Dave Eckberg ~ Re: Lumberjack Days Advisory Committee Recommendations I am pleased to report that the Lumberjack Days Advisory Committee has met twice since Lumberjack Days '05 to review LJD '05 and make recommendations on how to improve Lumberjack Days '06. The committee has three recommendations it suggests implementing for Lumberjack Days '06 and is asking that the Council approve these recommendations this evening. . Specifically: 1. Return Sunday afternoon and Sunday evening activities to the '06 schedule. Add a community Ice Cream Social to Sunday evening activities; return a Sunday night concert to the schedule with "Thunder in the Valley" Fireworks closing Lumberjack Days '06. The emphasis Sunday night shall be community and family. With that in mind it is the recommendation by the committee that NO ALCOHOL be served by the festival in Lowell Park on Sunday. 2. That the music in Lowell Park end at 11 :00 p.m. in 2006 versus the 10:00 p.m. end in 2005. 3. That Lowell Park South is used for Children and Family activities in 2006 instead of the parking lot adjacent to the Maple Island building that has been used previously. NO ALCOHOL would be served in Lowell Park South during the festival. Activities expected to be held in Lowell Park South during LJD '06 include: Bike & Skateboard Demonstrations; Teddy Bear Band; Disney Party Patrol; Bingo; Chess Tournament; Rock-Paper- Scissors Tournament; Coin Scramble; Ice Cream Social and the Kids Inflatable Area. . Pedestrians would move from Lowell Park South to Lowell Park North by . using the road that connects to parks under the bridge or by using a pedestrian crosswalk in front of the bridge. This system is similar to the one that has been used very successfully during the Rivertown Art Festival. Minutes of the meetings are attached. . . . Lumberjack Days Advisory Committee October 26, 2005 Minutes Members Present: Ken Harycki; Larry Dauffenbach; Rob Mc Garry; Janel Belz; Jim Gorder; Roberta Opheim; Dave Eckberg and Randy Gutzmann Members Absent: Brent Peterson; Joci Tilsen; Mike Lund and Pete Flock Dave Eckberg acting as Chairman called the meeting to order. General discussion of Lumberjack Days '05 by those present indicated that the cutbacks in the 2005 festival accomplished the goals set out. Dave Eckberg distributed a letter from Chris Murphy, Public Affairs Director of Cub Foods, outlining suggestions he and Cub corporate had for the advisory committee to consider for Lumberjack Days 2006. . After discussion the following positions were adopted. Motion by Ken Harycki; seconded by Jim Gorder that Sunday activities in Lowell Park be returned to the schedule in 2006. This would include moving "Thunder in the Valley" fireworks back to its traditional Sunday night slot and having it follow a Sunday night concert. It is further recommended that no alcohol be served on Sunday and the concept of a "community" ice cream social be explored. Motion carried unanimously. Motion by Roberta Opheim; seconded by Jim Gorder that hours of operation in Lowell Park be extended to 1 1 :00 p.m. each evening versus 10:00 p.m. that was used in 2005. Motion carried unanimously. Discussion on the use of the south portion of Lowell Park for family events was tabled until the next advisory meeting. Larry Dauffenbach and Dave Eckberg will meet prior to the next advisory meeting to review that concept. Motion by Jim Gorder; seconded by Rob Mc Garry to adjourn the meeting. Motion carried unanimously. . Lumberjack Days Advisory Committee January 18, 2006 Minutes . Members Present: Ken Harycki; Larry Dauffenbach; Rob Mc Garry; Roberta Opheim; Dave Eckberg; Randy Gutzmann, Brent Peterson; Mike Lund; Pete Flock; Mike Johnson and Bob r. Members Absent: Jim Gorder. Also present: Stu Glaser-Stillwater Fire Chief; Craig Peterson-Stillwater Police Captain. Dave Eckberg acting as Chairman called the meeting to order. Minutes of the October 26, 2006 meeting were approved as presented. Motion by Brent Peterson. Seconded by Rob Mc Garry. Motion carried. Dave Eckberg introduced two new advisory committee members. Bob Procaccini was appointed to the committee by the Downtown Historic District. He replaces Joci Tilsen. . Mike Johnson was appointed to the committee by the Greater Stillwater Area Chamber of Commerce. He replaces Janel Belz. At the October 26th meeting any action on moving the family activities to Lowell Park- South was tabled until Chief Dauffenbach and members of St. Croix Events could meet to discuss this possible action After discussion the following position was adopted. Motion by Mike Lund; seconded by Brent Peterson that Lowell Park-South be utilized as the site for Lumberjack Days '06 family activities. Motion carried. Ken Harycki opposed. Dave Eckberg will present the recommendations of the Lumberjack Days Advisory Committee to the Stillwater City Council for action. Motion by Rob Mc Garry; seconded by Brent Peterson to adjourn the meeting. Motion carried unanimously. . " ~ . . . MEMORANDUM TO: Mayor and City Council Shawn sander~ssistant City Engineer FROM: DATE: February 2, 2006 RE: Feasibility Study Second and Nelson Storm Sewer Improvements Project 2006-08 DISCUSSION: Last month, a report by Bonestroo was presented on the existing condition of the storm sewer system at Second Street and Nelson. This intersection experiences a surcharge of storm water during minor storm events causing damage to the existing pavement from the intersection at Second and Nelson down to Nelson Alley. Bonestroo analyzed the storm sewer and provided options for improvements. It was decided that the best option was to increase the size of the storm sewer from a 24" pipe to a 36" pipe on Nelson Street from Main Street to Second Street. This option would prevent any surcharge storm sewer surcharge from flowing out of the manhole during a1 00 year storm event. The estimated cost of this project which includes replacing the existing storm sewer, repairing the street at Nelson Street, Second Street and Nelson Alley and installing a storm pipe in the UBC parking lot is $139,000. PROJECT FINANCING It is proposed that this project be assessed on area basis method. Properties that lie within the Second and Nelson drainage district would be assessed per square foot of contributing area. This method has been used on projects in the past such as the Fourth Street Ravine Project, Hazel Street Ravine, and most recently the Lily Lake Water Quality Phase 1, Wilkins Street and Long Lake Water Quality constructed in 1999. These projects used an assessment rate of $.045 per square foot of contributing area. If the same rate were applied to the Second and Nelson project, $114,750.11 in assessments would be generated for the project. This amount is based on 58.54 acres of contributing area in the drainage district. The remaining portion or $24,250 would be paid from the storm water utility fund. Another option would have 100% of the project costs assessed to the property owners. This would increase the rate to $.055 per square foot, an increase of 20% over the previous rate. An adjustment could be justified since we haven't adjusted rates since the City began using this method in 1997. A summary of the financing options is shown below: Assessment Rate Amount Storm Water Avg. Assessment Generated Utility used (10,000 SF Lot) $.045/SF of $114,750.11 $24,249.89 $450.00 contributing area $.055/SF of $139,000.00 $0.00 $550.00 contributing area RECOMMENDATION: Since the project is technically and financially feasible, Council should accept the feasibility report for the Second and Nelson Storm Sewer Improvements consider the assessments rates for the project and decide which rate to use. If the report is accepted they should order the public hearing on March 21, 2006 at 7:00 p.m. ACTION REQUIRED: If Council concurs with the recommendation, Council should pass a motion adopting Resolution No. 2006- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON THE 2nd AND NELSON STREET STORM SEWER IMPROVEMENTS PROJECTS (PROJECT 2006-08). ,. , . . . t o ~..'\ ./ o ../.-./.....//.-..--/.-/ . ~CONO?:1B~a ~L..//// [' ~.---..-...-..--/------. \ .---- '\ ---- \ --- \ ,----------..-----------. . \ ! \ I \ \ $ ,; ~ ~~ g g ~ =a5-E~.!!l ~ .~ E~5e~ >- 198 8-60...::Iui ~ Eo I1Rc:.E8.!!!"" .EN ~ !! i i E: e ~ .S ~(Q ,,~._ ~~" c 8~~ e.c!m.8~ ~ cStO ~.8N ~'6;;::2i3'- C.... ~~~ .;;1j ~ p ~ ~~ i ~ ~ f!g'ffi~~.E ~~ :q.c;f .~'O>C:OCl) lQ_.oO ...[.5'~13;e 3:~ !!lei ~l!!n;'OlS~ ee ~:5c 15~~H~ ~I ~n Cl)D.. t:.G~ " RESOLUTION NO. . RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2nd AND NELSON STORM SEWER IMPROVEMENTS PROJECT (PROJECT 2006-08) WHEREAS, pursuant to resolution of the Council adopted January 3,2006, a report has been prepared by the City Engineer with reference to the 2nd and Nelson Storm Sewer Improvement Proj ect; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: 1. The council will consider the improvement in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $139,000.00 . 2. Apublic hearing shall be held on such proposed improvement on the 21st day of March 2006, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council ofthe City of Stillwater this 7th day of February 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . ';'~" >1~~~~;:::'" '" U/;.:F,'i;-,' ' '&\ / ,<f/ '<n\',,;\ 0' ~r'.'0o~~~f~~6G1" '.',\,.' I:) .., ,., ..' , 95~ ~/> ,\~ ,:,~~\,!~ ~Hv' !1 ~ ~ nilli .I....... 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U) U) (f) U) U) U) z a i= <( - u a ...J ...J LL o >- li: 8 E <(OJ ......NO a.. ~o::g~ ~ z U5~z9 0 <3-c2~gjc: ::i g: '5 "S ~ E In (/)ro......;: ::::l~ a..~~ fu LO u5 ;: a:: ~ I'- ~~~~..~ a:: roz...... . ~O:~cv1~ ...Jgj"S~I' LLWro...... OLOa..~ LO"; N(/) . MEMO From: Kathy Cinnamon, Administrator Central St. Croix Valley Cable Commission ToAarry Hansen, City of Stillwater Eric Johnson, City of Oak Park Heights Mike McGuire, City of Bayport Pat Bantli, Stillwater Township Connie Fredkove, Baytown Township Central St. Croix Valley Cable Commission Members Date: January 18,2006 . The field of telecommunications is ever changing and lawmakers have been busy with telecommunications reform for several years by now and it's intensifying! Cable Commissions and many telecommunications organizations such as MACT A (Minnesota Association of Community Telecommunications Administrators), NATOA (National Association of Telecommunications Officers and Advisors), Alliance for Community Media have been paying attention to what's been happening because many of the proposed changes would be detrimental to our communities, especially in terms of control over our right-of-ways and keeping franchising authority within our communities. The franchise & PEG fees could also be affected. We don't particularly want the FCC or the State of Minnesota to run our affairs out here! And we don't want to lose our access center, Valley Access Channels, because we' feel we provide important services that our community enjoys. The Central St. Croix Valley Cable Commission (and many others as well) has written to our Minnesota legislators and to Minnesota Congressmen regarding some bills that have been proposed, asking for their help in not allowing these bills to pass should they come up for a vote; we explained to them how we feel about these bills and how they would affect our communities in a negative way. We did this last fall and will continue to be on the watch for other proposed legislation. . Now we are responding to a request from NA TOA (they are lobbying for us in Washington, D.C.) urging us to inform the FCC (Federal Communications Commission) about our franchising procedures. One of the issues that is a concern regards competitive providers and whether our communities would allow competition. Our franchise is non- exclusive, but we are a small community compared to St. Paul or Minneapolis, for instance, and we just haven't been approached for another franchise. NA TOA provided a template that could be used to provide the FCC with information; I have included a copy of their letter and the template provided. I prepared the comments regarding our franchise and community and they have been approved by the Cable Commission Chair, Jack Doerr. Those comments are included as well for you to review. . Our initial comments must be sent to the FCC by February 13. As part of the filling process we are providing all of our cities and townships with this information for your review. You don't have to do anything with it; however if you have anything you would like to add to the comments we have made, the legal counsel for NA TOA has informed me that you can submit those directly to the FCC by the February 13 deadline. If you have any comments, you can submit them by mail to the FCC at 445 12th St. S.W., Washington, DC 20554. If you prefer to file in a different way, the instructions are included with the contents I have sent you. I am sending our comments and copies of our franchise to the FCC and NA TOA by mail. If anyone would like to read any comments that have been sent to the FCC by other entities and want to respond to any of those comments (this must be done by March 14), you go to the FCC web site: 1) Go to FCC.gov and click the link that says E-Filing 2) Scroll down to Electronic Comment Filing System and click the "Main" link 3) Another link on the right side of the page will say "search for filed comments" 4) Enter the docket # MB Docket No. 05-311 and it will list all of the links of comments that have been provided and you can read them. (Mailed comments will also be entered but will take some time for them to be scanned in.) . We have been told that some phone companies have been trying (& succeeding) in getting franchises via the FCC, thereby bypassing local authority and that's my understanding regarding why all these comments are being filed, so they can be more informed about what methods we use in our communities. }, /;1 Q Approved by Jack Doerr, Chairman fd. K/?./L.-.- . d . ~ . . . . Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) Implementation of Section 621 (a)(l) of ) the Cable Communications Policy Act of 1984 ) as amended by the Cable Television Consumer ) Protection and Competition Act of 1992 ) MB Docket No. 05-311 COMMENTS OF the Central St. Croix Valley Joint Cable Communications Commission, representing the Cities of Stillwater, Oak Park Heights; Bayport and the townships of Stillwater and Bay town, all in the state of Minnesota. These Comments are filed by the Central St. Croix Valley Joint Cable Communications Commission in support of the comments filed by the National Association of Telecommunications Officers and Advisors ("NATOA"). Like NATOA, the Central St. Croix Valley Joint Cable Communications Commission believes that local governments/Cable Commissions can issue an appropriate local franchise for new entrants into the video services field on a timely basis, just as they have for established cable services providers. In support of this belief, we wish to inform the Commission about the facts of video franchising in our community. Cable Franchisine in Our Community Community Information The Central St. Croix Valley Joint Cable Communications Commission is a joint powers entity representing the Cities of Stillwater, Oak Park Heights, Bayport, Baytown Township and Stillwater Township, all located in Minnesota, with a population of approximately 30,000 for the area. Our franchised cable provider is Comcast. Our community has negotiated cable franchises since 1984. We are in the midst of our second franchise. Cable franchises are 15 years in duration. Our Current Franchise Our current franchise began on June 8, 1999 and expires on June 8, 2014. (to see complete franchise agreement see Appendix A) Under the statutory timeline laid out in the Federal Cable Act, the cable operator has a 6-month window beginning 36 months before the expiration of the franchise in which to request a renewal under the Federal Act. As a result, at this time we are not currently negotiating a franchise renewal with the incumbent provider. Cable Franchising in Our Community - Page 2 . Our franchise requires the cable operator to pay a franchise fee to the Central St. Croix Valley Joint Cable Communications Commission in the amount of 5% of the cable operator's revenues. The revenues for franchise fee purposes are calculated based on the gross revenues of the operator, in accordance with the Federal Cable Act. We require the cable operator to provide the following capacity for public, educational, and/or governmental ("PEG") access channels on the cable system. We currently have I channel devoted to public access; 1 channel devoted to educational access; and 1 channel devoted to government access. We also have 1 channel which is devoted to church/inspirational programnllng. Our franchise requires that our PEG channels be supported in the following ways by the cable operator: The cable company must ensure that the signal quality of all such channels shall meet all applicable technical standards. The cable company provided the Central St. Croix Valley Cable Commission an equipment grant in the amount of $125,000 initially; a second equipment grant in the amount of $125,0006 months later and then on the seventh year of the franchise a third equipment grant will be due in the amount of $50,000. The cable company provided 5 new modulators to replace the old ones at the beginning of our current franchise. In addition to the equipment grants, we negotiated a PEG fee which is collected by the . cable company via subscribers' bills. These fees are paid to the Central St. Croix Valley Cable Commission on a quarterly basis as support for our public access channels and operations. Initially the amount was $1.25 per subscriber per month. The Commission had the option to raise the PEG fee to $1.40 per subscriber per month commencing no earlier than the fIrst anniversary of the effective date of the franchise {June 9, 2000). After the sixth anniversary date of the effective date of the franchise the PEG fee may be increased (if the Cable Commission wishes) once per year in an amount up to an additional 3.5% per year or the percentage increase in the Consumer Price Index for the prior year, whichever is less. Our franchise contains the following institutional network ("I-Net") requirements: (We have had an institutional network from the beginning of the' 1 st franchise. ) We currently have 13 sites on the institutional network, which includes some schools, our City Halls, fire departments, Washington County Government Center, School District offices, some alternative schools, 2 churches, a recreational center and the historic courthouse. Performance standards for the I-Net are included in our franchise and maintenance and repair issues are defined. Upon franchise renewal, the subscriber network was to be enhanced from 450 MHz, 64 channel system to a 750 MHz system offering more channels, higher signal quality, more reliability and more feature upon completion. The institutional network was extended to a few new locations and upgraded by introduction of four count fIber, resulting in a reduction of most . 2 . . . Cable Franchising in our Community - Page 3 amplifier cascades to no more than 13 amplifiers and migrating the network to a hybrid fiber- coax system. The cable company granted us 21 six MHz analog channels downstream and 12 six MHZ analog channels upstream for video and data uses. Additional sites can be connected to the network on a cost-sharing basis, with the cable company providing the first 500 feet of construction free of charge. There are provisions for interconnecting our institutional network with adjacent networks as well. There are no provisions for special funds. We use our I-Net facilities in the following ways: The Central St. Croix Valley Cable Commission uses the institutional network in order to provide live coverage of local city council meetings, county board meetings, school board meetings and an occasional special event in the community. The local libraries utilize their institutional network connection for data purposes (at least that is my understanding) and to link with other libraries in the County. Regarding emergency alerts requirements: Our current franchise does not address emergency alerts but I know that our first franchise did. I believe that the County currently takes care of emergency alerts in our community. I have seen alerts on television before and it tells viewers what channel to turn to for information. Our franchise contains the following customer service obligations, by which we are able to help ensure that the cable operator is treating our residents in accordance with federal standards and the terms agreed upon in the franchise: The cable company shall maintain an office in at least one of the member Cities which shall be open during normal business hours where payments can be brought and where equipment can be picked up or dropped off. The cable company must also supply a drop box in each of our Cities for purposes of depositing payments. The cable commission's phone number is on subscriber's bills for any problems that seem to be unable to be resolved with the cable company; therefore the Cable Commission assists our subscribers with any customer service issues if needed. In the event that the local office closes, the cable company has to be willing to pick up defective equipment or equipment no longer wanted, by appointment with the subscriber, at no charge. The Cable Company is currently doing this. Because we are in our second franchise period, I have chosen not to discuss the original construction phase, but rather our upgrade which occurred shortly after our renewal in 1999. Our franchise contains the following language for the upgrade of the subscriber network: The system upgrade shall give us a capacity of at least 750 MHZ and will provide a minimum of up to 80 video programmed channels. A hybrid fiber-coaxial architecture which incorporates fiber optic cables from our headend to nodes located throughout the community will serve approximately 500 homes per node. The upgrade will also provide the capability to transmit return signals upstream in the 5-40 MHz spectrum. The construction shall be completed on or before December 31, 2000 (it was actually completed a couple of months earlier!). Our franchise requires that the cable operator currently provide service to the following areas of our community: The franchise is granted for the corporate boundaries of our member 3 Cable Franchising in Our Community - Page 4 . cItIes. The cable company will extend its trunk and distribution system to provide cable service to subscribers where the density is 35 or more dwelling units per mile in areas passed by overhead cable and 50 or more dwelling units per mile in areas passed by underground cable. When the density requirement is not met, the cable company shall cover the first $1,000 of installation cost, with the remaining being paid by the customer or developer. In order to ensure that our residents have access to current telecommunications technologies, our franchise contains the following rebuild or upgrade requirements: That was discussed 2 paragraphs earlier. We are able to get the newest technologies, which includes the high speed internet and telephone service over the subscriber network. Digital receivers have replaced the analog boxes and enable the subscriber to get more services. More and more new services are being offered by the Cable Company (Comcast). With regards to a level playing field for possible competitive providers, the franchise does indicak lhal lhe franchise is not exclusive and that it does not, explicitly or implicitly, preclude issuance of other franchises or similar authorization to operate Cable Systems within a Member City. The Grantor shall not authorize or permit another party to construct, operate or maintain a Cable System on material terms and conditions which, taken as a whole, are not more favorable or less burdensome than those that are applied to the Grantee. (see entire franchise language in Appendix A, page 5) Our cable attorney came up with some policies/guidelines concerning this issue and procedures to follow when we are approached by competItive providers. We would definitely give another provider the same opportunities as the current cable provider. We have been approached only once for a brief overview. Nothing else has happened. We are a small community and we haven't been approached the same as the large franchise areas have been. We would welcome competitive providers but need for them to go through our local governments and cable commission and follow the same procedures as the current cable company if our rights-of-ways are used to deliver their services. . Our franchise contains the following insurance and bonding requirements: Initially a performance bond of $100,000 was issued; it was reduced to $10,000 once the syStem was upgraded. The cable company has also issued a security/performance sum of $5,000 which is held by the Cable Commission to use in the event that a franchise violation occurs and is not corrected in a timely basis. The Cable Company carries an insurance policy of $1,000,000 for personal injury or death of anyone person and $2,000,000 for personal injury or death of two or more persons. There is also an insurance policy of $500,000 for property damage to anyone person and $2,000,000 for property damage resulting from anyone act or occurrence. The cable franchise grants the cable operator access to the public rights of way and compatible easements for the purpose of providing cable television service. Apart from the franchise, the cable provider is required to obtain a permit from the appropriate municipal office as well before it may access the public rights of way. In our franchise there is no mention of fees . 4 . Cable Franchising in Our Community - Page 5 for a permit. What the franchise does have is rules that say that the Cable Company shall adhere to all state & local laws, building & zoning codes and that the location, construction, installation and operation or maintenance of the system is done with consideration of the aesthetics of the property. Repairs to the right-of-ways and property must be done and fully restored to the same condition as prevailed prior to the provider's work. There are other considerations mentioned in the franchise as well, such as 1) Conditions of right-of-ways use, 2) Undergrounding of cable, installation of facilities and safety requirements. The franchise also states that usage of the rights-of-ways by providers shall not be exclusive and that it does not explicitly or implicitly, preclude the issuance of other franchises or similar authorization to operate within a member City. The franchise agreement provides for the following enforcement mechanisms by which we are able to ensure that the cable operator is abiding by its agreement: The Cable Commission office gets calls of complaint from residents and government offices if there are problems with services (which sometimes gets into the area of franchise compliance) and as time goes by, the Commission and/or the Administrator looks into the franchise on different issues and asks for reports as needed. The Cable Commission reserves the right for periodic evaluation sessions upon written request. Customer service is handled at both the Cable Company and Cable Commission levels. . Tbe Francbisin2 Process Under the law, a cable franchise functions as a contract between the local government/cable commission (operating as the local franchising authority) and the cable operator. Like other contracts, its terms are negotiated. Under the Federal Cable Act it is the statutory obligation of the local government to determine the community's cable-related needs and interests and to ensure that these are addressed in the franchising process - to the extent that is economically feasible. However derived (whether requested by the local government or offered by the cable operator), once the franchise is approved by both parties the provisions in the franchise agreement function as contractual obligations upon both parties. Our current franchise provides that changes in law which affect the rights or responsibilities of either party under this franchise agreement will be treated as follows: Our franchise states that if any state or federal regulation results in a conflict with our franchise agreements that either party (Commission/Cable Company) will notifY the other and that both entities must confirm to state and federal laws regarding cable communications not later than one year after they become effective. . While a franchise is negotiated by the local government as a contract, the process provides the cable operator additional due process rights, and consequent additional obligations on the local government. The Cable Commission is a joint powers entity so it is this Commission who deals with franchising and franchise compliance. We held a public hearing before the final draft of the new franchise, we held a public hearing when Comcast was going to be the new. 5 Cable Franchising in Our Community - Page 6 . cable company and we ask a representative of the Cable Company to be present at our meetings in order to keep in touch with each other about developments. Competitive Cable Systems Our community was approached once by a company from Denver called "Wide Open West" but the provider chose not to enter into any formal discussions. This was in the spring of 2000 and a representative from the Wide Open West came and visited with the Cable Commission chairperson and myself (administrator) just to introduce their company. We didn't get into franchising procedures at all. There have been no other contacts with Wide Open West or anyone else. Conclusions The local cable franchising process functions well for the Central St. Croix Valley Joint Cable Communications Commission (representing the Cities of Stillwater, Bayport, Oak Park Heights, Baytown Township and Stillwater Township). As the above information indicates, we are experienced at working with cable providers to both see that the needs of the local community are met and to ensure that the practical business needs of cable providers are taken into account. . Local cable franchising ensures that local cable operators are allowed access to the rights of way in a fair and evenhanded manner, that other users of the rights of way are not unduly inconvenienced, and that uses of the rights of way, including maintenance and upgrade of facilities, are undertaken in a manner which is in accordance with local requirements. Local cable franchising also ensures that our local community's specific needs are met and that local customers are protected. Local franchises thus provide a means for local government to appropriately oversee the operations of cable service providers in the public interest, and to ensure compliance with applicable laws. There is no need to create a new Federal bureaucracy in Washington to handle matters of specifically local interest. Finally, local franchises allow each community, including ours, to have a voice in how local cable systems will be implemented and what features (such as PEG access, institutional networks or local emergency alerts, etc.) will be available to meet local needs. These factors are equally present for new entrants as for existing users. . 6 . . . Cable Franchising in Our Community - Page 7 The Central St. Croix Valley Joint Cable Communications Commission therefore respectfully requests that the Commission do nothing to interfere with local government authority over franchising or to otherwise impair the operation of the local franchising process as set forth under existing Federal law with regard to either existing cable service providers or new entrants. Respectfully submitted, ~9~ Jack Doerr, Chairman Central St. Croix Valley Joint Cable Communications Commission 1492 Frontage Road West Stillwater, MN 55082 JD:kc Comments Prepared in January, 2006 by: Kathy Cinnamon, Administrator Central St. Croix Valley Cable Commission 1492 Frontage Road West Stillwater, MN 55082 (651) 439-8803 cc: 4 additional copies of comments to the FCC NA TOA Offices John Norton of NATO A Andrew Long ofNA TOA City of Stillwater City of Oak Park Heights City of Bayport Baytown Township Board Stillwater Township Board Central St. Croix Valley Cable Commission Members 7 . . . (f\)n..h'- I i\cCtV"'~OlJ o-F'Telew-rmw, t&-hons Iv~1\Ord ~ ) c+"~ cets -+ MU[sOYS NaTOa Call to Action FCC Seeks Comment on Franchising The Federal Communications Commission ("FCC") has issued a Notice of Proposed Rulemaking ("NPRM") (MB Docket 05-311) in which it makes a number of assumptions and asserts that franchising of cable services by local governments may be an unreasonable barrier to entry for new telco video providers. To this end the FCC is seeking comment from local government (and others) on "what can be done to ensure that local franchising authorities (LFAs) do not unreasonably refuse to award cable franchises to competitive entrants."1 This NPRM strikes at the heart of local government's authority over those using the public property in their community to deliver video services, and could result in the preemption of local governments' ability to control their rights-of-way. NATOA urges all local government entities to participate in this process by filing comments. It is important that the FCC be obligated to deal in facts and not anecdote, and that local government inform the FCC of the important role it plays protecting local communities' needs and interests. NATOA and other national organizations will be filing comments on the broad scope of the FCC's authority in this matter. However, it is critical that individual local governments file factual comments with the FCC to instruct them on the true value and importance of franchising. NATOA is providing a template for your use in filing comments. The industry is quick to make generalizations and accusations of wrong-doing by local governments. It is important that local governments provide the FCC with the FACTS. The FCC questions the willingness and ability of LFAs to expeditiously franchise new video providers and ignores the long history of local government efforts to obtain such competition. Local government must provide the FCC with the local perspective on inviting and issuing competitive franchises, including typical timeframes for negotiation. It is important to share with the FCC the challenges local governments face, and the creative solutions achieved when opportunities presented themselves. It is equally important for the FCC to hear how few communities have ever had the opportunity to welcome a competitive provider in their community. The FCC and the industry must not be allowed to frame the issue - it is important that you speak for yourself. Your comments are needed to protect local government control over rights-of-way and the cable franchising process. In addition, comments filed with the FCC in this rulemaking will likely become part of the debate in Congressional rewrites of the Telecommunications Act. It is important that local government present a strong case for retaining local control. All initial comments to the proceeding are due by February 13, 2006, with replies due March 14, 2006. Do not delay - please review the attached template and begin preparing your comments today. Use this link to access the Comments TemDlate and Instructions. Please join us in this critical endeavor and file your comments immediately! 1 A copy of the Notice of Proposed Rulemaking is available on the NATOA website under Policy/Advocacy and on the FCC's website at htto://hraunfoss.fcc.gov/edocs oublic/attachmatch/FCC- 05-189A1.doc Filing Instructions Comments may be filed using the Commission's Electronic Comment Filing System ("ECFS") or by filing paper copies. Instructions for both forms of filing are included below. Comments must be filed by February 13, 2006 in order to be included in the comment round. Otherwise, they can be submitted until March 14, 2006 to be considered in the Reply Comment round. Comments must also be sent to FCC staff - John Norton (John.Norton@fcc.qov) and Andrew Long (Andrew.Lonq@fcc.qov). We also ask that a copy be sent to info@natoa.ora. Filing Electronically Comments filed through the ECFS can be sent as an electronic file via the Internet at http://www.fcc.aov/cab/ecfs or else they may be sent via the Federal eRulemaking Portal at http://www.reaulations.aov. In completing the transmittal screen, electronic filers should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number: which in this case is MB Docket No. 05-311. More detailed instructions are available on the FCC website and on NATOA's website. Parties may also submit an electronic comment by Internet e-mail. These are instructions for members of the public who want or need to send comments on FCC Proceedings via Email instead of through the ,Electronic Comment Filing System's interactive web site. Click on one of the links below to review instructions and information. If you need further assistance, please contact the Help Desk at ecfshelp@fcc.aov or (202) 418-0193. Instructions ; 6Jgnk~EQ[m ; Data Reauirements ; Sample Forms Filing by Mail or in Person Parties who choose to file by paper must file an original and four copies (for a total of five) of each filing in MB Docket No. 05-311. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.s. Postal Service mail. However, note that comments must be received by the due date, regardless of when the comments were mailed, and that U.s. Postal Service mail is typically delayed and may make the filing late. All filings must be sent to the Commission's Secretary, Marlene Dortch, Office of the Secretary, Federal Communications Commission to one of the following addresses: · Filings via U.S. Postal Service should be addressed to 445'12th Street, S. W., Washington D.C. 20554. · Filings via commercial overnight mail (other than U.S. Postal Service mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. · Filings via hand-delivered or messenger-delivered filings must be delivered to the Commission's filing location at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this facility are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Note that in accordance with FCC rules, any local aovernment named in the comments of any party must be served with a copy of the comments to provide them with an opportunity to respond. Otherwise, the comments may be disregarded as violating the FCC's ex parte rules. See, Concerning Ex Parte Presentations in Commission Proceedings, GC Docket No. 95-21, Memorandum Opinion and Order, 14 FCC Rcd 18831 (October 28, 1999) . Nalional Association of Telecommunications Officers and Advisors -;$500 Di8qCH~8j Roan. Suite 4Q5, Aif=:.xandria. VA 22314, (703) 519-8035. (703) 519-8036 - Fax. .....tN.,;'Nx,afo2.orq . . . Before the FEDERAL COMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of Implementation of Section 621(a)(1) of ) the Cable Communications Policy Aet_ of 1984. ).. as amended by the Cable Television Consumer ) Protection and Competition Act-of.1992 MB: Docket No:- 05311 COMMENTS OF [NAME OF COMMUNITY] These Comments are filed by [Name of Community] in support of the comments filed by the National Association of Telecommunications Officers and Advisors ("NATOA")_ Like NATOA, [Name of Community] believes that local governments can issue an appropriate local franchise for new entrants into the video services field on a timely basis, just as they have for established cable services providers. In support of this belief, we wish to inform the Commission about the facts of video franchising in our community. e� �`� � I1 ♦�tidd' T/,y�°i� ii+���tif'r" ii�t.r c t - j ^r .�t ¢�,Ua �§ Z..1•srr-1�� 1 , yy±i �`�'e i° yt•. E$.� _� c; F� 0���, In our community a cable "franchise" is termed a . The Federal Cable Act refers to this as a "franchise" so we will usethat term in these comments; Also; many communities have a cable ordinance which operates in conjunction with the franchise agreement, the terms of which are often negotiated with the cable company in conjunction with the franchise agreement These documents collectively referred to as the "franchise" below. Cable Franchising in Our Community Community Information [Name of Community] is a [city/county/town, etc.1 with a population of . Our franchised cable provider(s) is/are [name of cable provider]. Our community has negotiated cable franchises since [year first franchise was issued]. Our (:'urrent Franchise It 1'1;.77I1i T'01,1.01,1'7,V(. 1'AR,1(rRAl'NS ONLY Ii" 711EY APPLY'10 } 01 /1' I Yl i.�'f;IL-1It ' 't'f)(` f[ 11'Z; A1()R!' OI UlL1;L4 / i01Y 1,V '11 fI 1 •UL LU 11 livG,1'. i 11(.i1Z.=1.1'11�5101? Lii t1I1] . Our current franchise began on [date] and expires on [date]. Under the statutory timeline laidout in the Federal Cable Act, the cable operator has a 6-month window beginning 36 months before the expiration of the franchise in which to request a renewal under the Federal Act. As a result,. at this time. we [are/are not] currently negotiating a franchise renewal with the incumbent provider. Our franchise requires the cable operator to pay a franchise fee to the [city/county/town, etc.] in the amount of % of the cable operator's revenues. The revenues for franchise fee purposes are calculated based on the gross revenues of the operator, in accordance with the Federal Cable Act. We require the cable operator to provide the following capacity for public, educational, and/or governmental ("PEG") access- channels on the cable system. Wecurrently have channels (or capacity) devoted to public access; channels (or capacity) devoted to educational access; and channels (or capacity devoted to government access_ ; `._... K.. • -.. Xa e'x"rt- S*': "i.._ �, .-. .�=•"...,v.` ;ddcx•� ... ,. sn?� ��h� SyR n 0* a c• t�j3r'„�c�n�� S3,,•nn,}�s`S. v.oyN'�' t � Our franchise requires that our PEG channels be supported in the following ways by the 1T-•�l' tlTS�SWII'afSIC^�.ilti1_ 3[S1L�IYTSS+�t9: 'vu�,-+nR..,. c .n... . t..�n_•n cable operator: (1 )1 \Cr S'S's 1)I•S'CiIS '• Orfinst 1.1v :.. 1111 .0,V1.}1 R1jl'11»i; • .1f0v-1 } 1O BE tISE (�.t'1 1? I t''It) ,c,). 1! Y01.. APE RI:( 1,1r"IAfi ()PI.;`11.4IION 11 A1c)t\i1.} 131y At (I1'?;1Z..i /'O1R 11:1 UL FF)?! P II' .1,NI.1 } 01.:` A c (.'1 P' i;1) 11 THAT I:5 :11IU a i ;'.'1) /! SJI0U1 U BP; ,'40111),IIt7Z1; 1''11;1 ' 1111 01'L /,1I01? U1,1,1;RE2.t Our franchise contains the following institutional network ("I -Net' re . uirements: [1 V Sei4ri i#1 'cI? 1'r ' `t517r" �t! NA7 ()i? SI /11 •�,t�J E �� ; � T ; .� S #.`i .ltsf - N�rYS '.��.�YSn rt�w• l..Y►�:t J (:71,17[IZ �S LLV�. IIAr; � I1�C11 AL f� t-rlr il?7NK . 171'1,; tiff . 14 " � `( f 31.;,rI1uY 4.0. li?..4 :.tx1;S'.h;UIe IN /JW1A•gl.,A1•0,-N A1ik We use our I Net facilities in the following ways:j1)1 SCII13L lf1I `t —:1'(v ' L1 rl-).F� 7 I 1tVZ7 � a � )t7 r 1 ;., ?III:\I(.IP.11,1171S i,(51 Ili; ;11,.1111 L� :7'l'i1LW, (1 J'O t fL 1'()l? ('(I:'1 r 7:'OL, ()1''`71611'77(; [] ;it /s P..'7 Our franchise contains the following requirements regarding emergency alerts- { /.)ES 'R/BE Ri.,20, ilk1*11'1v1 S.FOR (',4RR/A(; -: 01•� 1.;A11:Iz(IL:'V(:Y '4111?1' a�IF,;���'�s;ES (1'. OR DOES' II 1?L'QUIRE (.:ARRIA(;P: OF. ,51:-111.' AND/OR 1,0( Al. 1::CfER(1ENV Y .41.1,R1:S? DOES 17' .ALLOW 1.0( 11. 011;1(1,41,S ;1('('I-:SS 7O THE A1.1 R1'.S)STL'.&f IN AN 1MI RGLNC'Y, OR RI ()(11RIs 1•C>RC11'(.1NI (, 1'(1.1111s. (0.1:(0RNM1,,NI' CH.4NNL1;: Yl'%11 RI L'AfERcieat/ IL.SS.AG.FS ARE (4RR11rLV)_ F These emergency alert requirements provide an important avenue of communication with our residents in the event of an emergency. [(,;SE TH' I'C)1L()WING:IJ, .AePII(:4BI1] An example of when this function has been helpful is the following L1'R()VTITE Ar J X.1MI'I �F OI Y<)1,7z ('C)AM'1(_INI7`Y (TSI: 01? RH,IANC1 .()N IHE IY)C^i1I; f MER(IE'N('YA1.l•:RT •`'INT/WAS CARNAL) (.)L'Ell YHA' CABLE SYS7EA.1q Our franchise contains the following customer service obligations, by which we are able to help ensure that the cable operator is treating our residents in accordance with federal standards and the terms it agreed to in its franchise. [DI:S(R , I HI C(LST OMMM11sR si i Vi 1'R0 LVO:NI ' 1?V }'(>(.'ll T7>',1.V( 1/ISI::. 5'L1(.'H 1'ROV7SIONS Af1Y 1A(:'L((/)1: IOLI>OWIN(;: LNIOR(-"Ek11;;Ni O1'I'('C ((IS10/E7? SERVICE ST:4NDARIX\ CUSTOMER A'OII1.:1( 411QA_s"I.1'V/) lRl)5' I.OR (.;UST011,1FR SJ'Ri1(:E,OPLR4TORS; LOCAL OFI; (:Zi :A:V1>'UR :='11''1I'R 110E-RS 1ROI'-U1 1;'1311,1; PAY SEf?VIC'1'S, INSTALLATION, STANI).414),$, ( (15:1.'UA-f1-.'R (,'0t 11'L.4I;NV7"l'ROCEDCIRI:S; ANI)? .7711� LIKE.] Our franchise ro r.I.; -gg able "'07. 'nrrglhal jrunchise" J contains the following reasonable build schedule for the cable operator: [1)1'S'(:RII-31' THE R1 O.UJR1'ML%'A",.'' IN YOUR ifl306 z 'Mi1A1, F '� ��iS :' eigt IJ (' 4I31;1; Olii;: U91`01?' PII.-1 S7>7_)-I.V I31,JI11� OUT TO 11 1 /. a N<'HISLD xSER-1 i( is AREA: iH7; F' 4R MOST CUM.AIUNLY EQ,Q1!14.1.13 I,IRti1' I 1 , IA(:'IIIS'I',S', ,WII1.,-1? . AN ()PI.'RA1.0IZ IS NE ir.\t) RI Q1IIR1;;5` 114t11:';T;E I S OUT 7O 1 HE 1)EJ'7NE!) FRANCHISE AREA]. Our franchise requires that the cable operator currently provide service to the following areasof our community: JDI CRII31 THE 5'I RI' I(:'l RE0(IIRf::,1.11:N7S IN YO(1R'11ZA'IircTI 1111 SI' ,-1RI `OWN 1:1'f'RI SS1:1) 4S 1f /VS17 RI;Q(IIREM11N;S 1 171ERE ARE ,4NY ARE-1S ('(11?REN71.Y NOT SLRl'I'1), 1'Ol:\'T THIS' 0(17' A1V) DJSGUS. Yt'IIY (FOR EXAMPLE, IIIL' POPULATION 1)L V,S;I0I, 4,IQ0 1014(dp. AI4K1,' 1'ROI':ISIOA1 (Jl SI;;R;V1(L I (FJ 'OMl(,4,4,;1 L 151131 L).j., In order to ensure that our residents have access to current telecommunications --technologies,:our franchise contains_the-following rebuild or.up(grade re(l]�uirements: L (1 cS'S' PINY 1?POt,flR :'.V :\'IS IN 1 d 1 I I?�1 f'IfI, I I•'UR REBUILD- OR I'CP(;K.41)FP UF THE SYS1 L'M At S() <;1)ISC(I5S .lW�'fl!;1111'R, )'U(1R= SY' 11 A1• WAS R1 BU,1L7' 77:-HI .LA 1'.10. '£A. 6, 01? WHI TIII'R YOU 1R1; NOT. (ri7'I1N6 .171P A1)V 1 V`I '1CL'5 OF CUIZRI V1 ,1ECHN()I.0GII'S AND C.'AI:1(.1111:'S. FINALLY, DISC( f.SS I4/11J11711'R YQ(l/ SYSTEM PRO1 IDI S CABLE 'IL1(215E1W SIiRG'I('I 7O 111E .S4A1F', SE!' OF RISII)F.NIS 14�111( KEC'EI Y.."L' C AIJ/ 1,' .Y11)LU, S44k7CL'S,1 3 0TfFR ORDINA.NC1s] contains a "most -favored -nations" [O provision which g. states the following_ IB Our franchise contains the following insurance and bonding requirements: CRCDIT OR-4SI. R RI.QUIRI, ii ,xt.' ' The cable franchise grants the cable operator access to the public rights of way and compatible easements for the purpose of providing cable television service. Apart from the franchise, the cable provider [is/is not] required to obtain a permit from the appropriate municipal office as well before it may access the ublic rights of way. [DI S(hIBL :r1 NY RIG.IIT "()1+ WAY PI+IZ1tlJ1 RFQUIREhima ,.f:?v4}•.).h'i The franchise agreement provides for the following enforcement mechanisms by which we are able to ensure that the cable operator is abiding by its agreement: [1)I,SC(7�SS.:4NY T 1'vF'()1ZCIsMI� _ensure fl'C Il N1S Vffi'IN I'IHt' 1 ie/iN M,SIP ;S r_I( T1;4; "IZICTI-!DS OF 11-'I ('7 JON RIGI1 h' 1i., Vglil . yll . ,1E D41 (yb S4'ROT L51() , : (1?? Till; 1-11(L 1 The Franchising Process [11;'• YOLI 11.•1 J/1 l J'I R : J K,1 I1 i'0 1.&11E1? 1•1'1771 071-11;I1 ('0!1.1Afl (.w1TJLS I,Y 01i 11V1 'ORM.;11.1 Y 1.'O "'WA!4'(: II.SI O1?, REAr W A (.AJ?/1 01'1;1i?11 U14. )0(1 UJ4'JM3 01}ILI<lf'+N1, 1 : [ The cable system s) serving our community also serves many adjoining communities: /ij,sc rt .is �ruxr�y a In [year] our community worked together with approximately [number] other communities to issue a cable franchise for the jname] cable company. This allowed the company to quickly obtain franchises in these communities so as to be able to serve a large region, while also allowing for individual provisions in specific franchises in order to tailor them to meet local needs. Under the law, a cable franchise functions as a contract between the local government (operating as the local franchising authority) and the cable operator. Like other contracts, its terms are negotiated. Under the Federal Cable Act it is the statutory obligation of the local government to determine the community's cable -related needs and interests and to ensure that these are addressed in the fianchising process to the extent that is economically feasible. However derived (whether requested by the local government or offered by the cable operator), onee the franchise is approveel by both parties the provisions in -the franchise agreement function as contractual obligations upon both parties. Our current franchise provides that changes in law which affect the rights or responsibilities of either party under this franchise agreement will be treated as follows: [1:>IN'Ri131; HOW (11.4.1\10::,\ IN I,1 if .\( rO1 U) lv'7' 7'0 F RJVGINTO 1 ), PRAN:.l1J,S1 ARE ,rl(:'( ()A101)AIPa) (.7v1)IR 1111:'.1�R•1.,''(.•IIJ, E. 1 OIZ I+,i �1.111'I.1;, DOL:S IT / A0(1lJ 771.47' Illl 1.71,;;k'( 7:11.SP 1.5' S(;1{.» ('1' 1Y) (7.:i?h'1 .\';!' I./16'1'' :-I.ti• 11-/I VDL'D 1;/?OM 4 7P-i T' ITIM-;,, 01? DOES J'f O1V774IN .4 PROir1. IO1V1NSt!RI ; 611411. 11:RXTS'xtt'IAY BE 4100I171;1).:10 1;;1'.C1--ll a :_.li(?17f_6PAR77r,�' h11IN1 4I 11/1 131::V1.1 // » Qk: 711/ A.C11.LIML1V 1 i J While a franchise is negotiated by the local government as a contract, the process provides the cable operator additional due process rights, and consequent additional obligations on the local government. For instance: [DESCRIBE<4ND DISCUSS SS PUBLIC IU�fiI�11V r11311( III'.4RINC7/I'('13T.IC. AVIICE REQUIREMENTS. FOR 1 VS7 IA'(:'1, LS THERE AR. ORDINANCE SE771\G 1:0R711 S(:'( `II Id OUIRfMI'NI;S/ .41?E THERE, :'1ATE LAW RI (2l 'IRI`hr(, 'N1:S GC VE.1 !'SIC /LJ44',:xl#LA 1:)1...S( RIB HIE PROCESS] Competitive Cable Systems Our community PICA.' ONE ()R 1.11.1 IN.4: O1). 21- l ] • has never been approached by a competitive provider to provide service. • was approached once LDIS'Ci1V1I4j, but the provider chose not to enter into any formal discussions. • has actively sought out competitive providers, but has not been successful. • granted a competitive franchise to [name of company], a cable overbuilder, in [year and that provider [is/is not] providing service in my community today. Pi )l'I[)l{:R I�` '�Y0 TOYGrT? � PRnr�°Tl�l 'C� SI1?1 I(1; I.'PIc111W', .Ff7 1'RUi�11;1:�R IS ,SIII1. PROVll)IK('; SLI?I`I(1 1)i,SCRI131::4NY OII•I 1 R'1:11'(1 t ,S" 7711.::. AGI?I1.',V11;iA; S• O1' 711F.. I.NC'(t113E.AlT :PROVIDER'S : I l?,UV(T. (1)I. (('S',\I;:I) :4J3Oi'1) ,4ND:> 1711;` AGREEME.NT 111:I,D I3Y THE O1'I:RBUI 11 'i_)1: 4 D 'c. U,.SJ'1011? OP' t4'I1 Y I 110SE IV/%1 r'?LNC11S Al?E lLSLP • has been threatened or sued by an incumbent provider when considering a ant of a corn. etitive franchise. ;CHL (,IRC'l 'A 1514. '.,6 ,`'`3 l RU.,. .�(1%£ 1 . &; ,4404 • has recently been approached by a Bell Operating Company to provide service. CS(();SAS: I PIT s7 f l E UI :IHI SL'AYE OOT1A 710 \'$ 4N1): 0:111,4 7' 1111. C 0,v11•32? -10 CO_kII'1RLI)� • has [OR has not] denied any provider the opportunity to serve in our community. • does [OR does not] have mechanisms in place to offer the same or a comparable franchise to a competitor upon request. jIN GENEI&IL 14 H 7>� (:47 Y`1�°( Ti1k' A130i'!; lV1!Efils :S'S7oAS 4.1 _ LVl'(G011AIIOAS i-i'1 ?l (:ON DI>C I , PLEASE FROIII)E 111'101?\fA170AV• H N41 UR.E, OF /11E NI (,O1IA11ONS. SI 1(.11'AS ii;'lf1 N 111?S1' .I H'I;(2/1(111,U 1.,1;,\I(; f'II 4(::;f (I�]b: IIi.11I 51'I1V7' I,V.1DIS.(_:'(1S;S1Ol,S LENGTH ()1': l fh11;.1'.R0k11?1';('1 IPI 01 `FORA1,11., AP1'1IC 11ION 10 GIZ4Nl • OR 121 AI4I., El C`. 1)1:'SC:'RII3J 1104I' (OOPLA,4116 F. 'lll 1 •IZ4.'V('II1SJ r11-'I' I('.4N1 • tf.:4.S' 1 V NI CGO11A711VG 7111; ERA Null SLR'. 11' (1R L',1:1AfPI1:;' WAS. 17' WILLINGTO '.46'RL•1 10 ,4 I'R1 'C:'NISI: ('0AI1',-1RABI1:' 7U, IHl INC (Ik113I.N7''S IN TERMS RMM1S O1%Pf.'(i ;LW? I -NET S.'(iPPOR7: OR I_?II)17'INSIST ON 1'LSINJ,IT,S' 011'.V "1-ORA.1" OF FRANCHISE 11/I11('11 WAS !LIORL 1;,,1Y"OP JI31,l: 10 I1'. I1fAiV 7HIE: INC (/11'31:]1'',S'1."ALSO, DI',( (IS' GGf11:7HF.R YO(' S•O1MIT )O 11,11./E 711�t: ,VE 5 L'NTR,,IN1' 13L111,1) UUI:' IlIE ENTIRE. 1 IMN(:1IISF _4RP:1 (()R IIIE , A4l; .4RE.1 AS 111E. tiVC, 41i3h,A0, /4J,'1?11 ' 5(7.IIQ YMQQ.1 I1Af. :1 )1.1. (,A 1' L 1,,..()4( r41r1.1,>v' Conclusions The local cable franchising process functions well in [Name of community]. As the above information indicates, we are experienced at working with cable providers to both see that the needs of the local community are met and to ensure that the practical business needs of cable providers are taken into account. Local cable franchising ensures that local cable operators are allowed access to the rights of way in a fair and evenhanded manner, that other users of the rights of way are not unduly inconvenienced, and that uses of the rights of way, including maintenance and upgrade of facilities, are undertaken in a manner which is in accordance with local requirements. Local cable franchising also ensures that our local community's specific needs are met and that local customers are protected. Local franchises thus provide a means for local government to appropriately oversee the operations of cable service providers in the public interest, and to ensure compliancewith applicable laws. There is no need to create a new Federal bureaucracy in Washington to handle matters of; specifically local interest. Finally, local franchises allow each community, including ours, to have a voice in how local, cable -systemswill-be implemented. and what features (such as PEG access, institutional networks or local emergency alerts, etc.) will be available to meet local needs. These factors are equally present for new entrants as for existing users. The [Name of community] therefore respectfully requests that the Commission do nothing to interfere with local government authority over franchising or to otherwise impair the operation of the local franchising process as set forth under existing Federal law with regard to either existing cable service providers or new entrants. Respectfully submitted, era gmmun By: Mgr- of 'ureic pai"e c alj cc: NATOA, info@natoa.org John Norton, John.Norton@fcc.gov Andrew Long, Andrew.Long a,fcc.gov 6 Diane Ward .rom: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, February 02,200612:15 PM Pat Raddatz Washington County Board Agenda - 2/7/06 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda February 7, 2006 - 9:00 a.m. 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 secretary or the County Administrator. The County Board Chair will ask you to come .0 the podium, state your name and address, and present your comments. 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. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director A. Procedural Law Waiver Application * Assistive Voting Equipment B. Resolution * Appraised Value and Authorization for a Private Sale of 32 Parcels C. Resolution * Appraised Value and Authorization for a Public Auction of 14 Parcels 5. 9:30 - Transportation and Physical Development * Cory Slagle, Design Engineer Radio Drive (CSAH 13) Safety and Mobility Project 6. 9:40 - General Administration * Jim Schug, County Administrator .tate Mandate Reform 7. 9:45 - Commissioner Reports * Comments * Questions 1 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. 8. Board Correspondence 9. 10:00 - Adjourn 10. 10:05 to 10:25 - Board Workshop with Transportation and Physical Development Update on Government Center South Parking Lot Design 11. 10:25 to 11: 1 0 - Board Workshop with the Office of Administration Discuss Open Space Funding Ballot Referendum 12. 11 :10 to 11 :55 - Board Workshop with Transportation and Physical Development Discuss the Historic Courthouse's Current and Future Operations 13.11 :55 to 12:15 - Board Workshop with the Office of Administration Use of Boards and Advisory Committees *********************************************************************************** . Meeting Notices February 7 - Personnel Committee 1 :00 p.m., Washington County Government Center February 8 - Metro ESB Executive Commission 9:00 a.m., 2099 University Avenue West * St. Paul February 8 - Plat Commission 9:30 a.m., Washington County Government Center February 8 - Metro Emergency Services Board 10:30 a.m., 2099 University Avenue West * St. Paul February 8 * MELSA 12:00 p.m., 1619 Dayton Avenue * St. Paul February 9 - Community Services Advisory 7:30 a.m., Washington County Government Center *********************************************************************************** Washington County Board of Commissioners Consent Calendar * February 7,2006 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. The following items are presented for Board approval/adoption: 2 Administration .A. Approval of the January 17, 2006 Board meeting minutes. B. Approval to appoint Terance Smith, Forest Lake, to the Public Health Emergency Preparedness Advisory Committee to a first term expiring December 31,2006. C. Approval of proclamation honoring Natalio "Nacho" Diaz, Chief Transportation Planner for the Metropolitan Council, on his retirement. D .Approval and execution of a joint powers agreement with Dakota and Scott Counties for a 2006 Residential Survey. E. Approval to establish Reserves and Designations of fund balances for the fiscal year ended December 31, 2005. F. Approval of revisions to Policy 1300, the Washington County Data Practices Manual and approval of revisions to Policy NO.1 032, the Fee Schedule. Assessment, Taxpayer Services and Elections G. Approval of 2005 assessment classification and valuation change list. Community Corrections .,. Approval of the Community Corrections 2006-2007 Comprehensive Plan. Community Services I. Approval of the 2006-2008 contract with Elder Haven Homes to provide assisted living plus services and respite care to eligible county residents. J. Approval of the 2006 agreement with American Red Cross, St. Paul Chapter, to provide emergency social services and crisis response services for Washington County. K. Approval of amendments to the 2004 and 2003 Annual Action Plan for Community Development Block Grant. Human Resources L. Approval of submitted Pay Equity Report to the Minnesota Department of Employee Relations. Information Technology M. Approval to extend the annual software maintenance agreement with Oracle/PeopleSoft service (JD Edward's financial system) and to pay the annual fee of $76,800 plus applicable tax. .UbIiC Health & Environment N. Approval to renew the agreement with the Townships of May and New Scandia to provide operation and maintenance services to the 201 collector systems. 3 O. Approval of, and authorization for the County Board Chair and County Administrator to enter into an agreement with the University of Minnesota to provide extension programs locally and employ . County Extension staff. P. Approval of, and authorization for the County Board Chair and County Administrator to enter into agreements with Laura Holmes, Living Tree Yoga Center, Mary Hanf, and Shawn Svendson-Cates for onsite County Employee Wellness activities. Sheriffs Office Q. Approval of agreement with the Minnesota Department of Human Services to provide housing for inmates in the Washington County jail. R. Approval of resolution authorizing Sheriff Pott to execute the Safe and Sober Communities grant with the Minnesota Department of Public Safety. Transportation and Physical Development S. Approval of resolution to accept Federal trail assistance grant for county sponsored Star Trail Association. T. Approval of resolution, award of construction of a restroom/shelter building at the Lake Elmo Park Reserve to DNR Construction to the lowest responsible bidder in the amount of $202,126. U. Approval of cooperative agreement with the Washington Conservation District and the Departme. of Natural Resources to repair erosion damage in Pine Point Park near the Gateway Trail. V. Approval of agreement with the City of Cottage Grove fore street and utility improvements and maintenance responsibilities for the Washington County South Service Center Ravine Parkway. W. Approval of agreement with Washington Conservation District for 2006 professional Services. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 4 Diane Ward A:rom: "'Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, January 19, 2006 12:06 PM Pat Raddatz Washington County Board Agenda - 1/24/06 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda January 24,2006 - 9:00 a.m. 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 a;ounty Board secretary or the County Administrator. The County Board Chair will ask you to come .0 the podium, state your name and address, and present your comments. 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. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9: 1 0 - Consent Calendar 4. 9:10 - Public Hearing - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director Washington County Local Equipment Plan 5. 9:25 - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director Right of Entry Agreement with 3M 6. 9:30 - General Administration * Jim Schug, Administrator 7. 9:35 - 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 ~ecause of discussion will be scheduled for a future board meeting. 8. Board Correspondence 1 9. 9:45 - Adjourn 10. 9:50 to 10:20 - Workshop with Transportation and Physical Development . Cost Estimate and Financing Proposals for the South Service Center Project 11. 10:20 to 11 :05 - Workshop with Public Health and Environment Review of the County's Recently Updated Emergency Operations Plan 12. 11 :05 to 11 :50 - Workshop with Community Services, Workforce Center Division Discuss the County's Employment Outlook to 2030 13. 11 :50 - Lunch 14. 12:35 to 1 :05 - Workshop with Office of Administration Review Draft of Joint Citizen Survey with Dakota, Scott and Washington Counties *********************************************************************************** Meeting Notices Reminder: No Board Meeting on January 31 * 5th Tuesday . January 23 - Library Board 6:30 p.m., 8595 Central Park * Woodbury January 24 - Planning Advisory Commission 7:00 p.m., Washington County Government Center January 25 - Metro Mosquito Executive C'ommittee 9:30 a.m., 2099 University Avenue West * St. Paul January 25 - Regional Solid Waste Coordinating Board 10:30 a.m., 2099 University Avenue West * 81. Paul January 26 - Community Corrections Advisory 7:30 a.m., Washington County Government Center January 26 - Resource Recovery Project Board 8:30 a.m., 1670 Beam Avenue * Maplewood February 1 - Metro Transitways Development Board 8:30 a.m., 125 Charles Avenue * St. Paul February 1 - Plat Commission 9:30 a.m., Washington County Government Center February 2 - Metro Energy Task Force 1 :00 p.m., 125 Charles Avenue * St. Paul . *********************************************************************************** Washington County Board of Commissioners Consent Calendar * January 24, 2006 2 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. The following items are presented for Board approval/adoption: Administration A. Approval of the January 10, 2006 Board meeting minutes. B. Approval to reappoint Pamela Skinner, Oakdale, to the Ramsey-Washington Metro Watershed District Board of Managers to a term expiring February 23, 2009. C. Approval to appoint Walter Lambert, S1. Paul Park, to the Community Development Block Grant Citizen Advisory Committee, to a partial term expiring December 31,2007. Community Corrections D. Approval to renew purchase of service agreements for diversion, community work services, education and early intervention with the following: Children's Home Society and Family Services; White Bear Lake Community Counseling Center; Forest Lake Youth Service Bureau; and Youth Service Bureau, Inc. E. Approval of purchase of service agreements with Human Services, Inc. for domestic abuse A3ssessment and treatment with the P.L.A.C.E. program in Stillwater and the Community Options Wf:>rogram. F. Approval of purchase of service agreement with Tubman Family Alliance to provide services to victims/families of domestic abuse. G. Approval to renew contracts with Willow Branch Counseling Services, The Van Group, Inc. and Penticoff Community Counseling for Multi Systemic Therapy, a juvenile placement alternative intensive in-home therapy program. Community Services H. Approval of contract with Presbyterian Homes to provide assisted living plus services and Medicare certified home health services to eligible county residents. I. Approval of the 2006 contract with Human Services, Inc. for mental health services, chemical health services, transportation services and resources for elder care services. J. Approval of a rate increase for chemical health services provided by Cedar Ridge, Inc. Human Resources K. Approval of banding/grading recommendations of the Comparable Worth Committee for a new .Iassification of Division Manager Community Corrections at D 61-.1. I nformation Tech nology 3 L. Approval to sell surplus computer parts to TSG Server and Storage. Library . M. Approval of amendment to contract with Dynix Corporation for maintenance of the HORIZON integrated library system data base. Public Health and Environment N. Approval of 2006-2008 home health contracts with Care Plus HHA Inc., Equity Services of St. Paul, Fairview Lakes Home Caring and Hospice, Integrated Home Care, Lakeview Homecare and Hospice, REM Health Inc., and Sunrise Health Services Inc., to provide home and community based services for the elderly and disabled residents of the county. Transportation and Physical Development O. Approval and execution of agreement with the City of Dellwood for a perpetual easement on a tax forfeited parcel located in the City of Dellwood being transferred to the City of Dellwood. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . 4 . . . Summary of Proceedings Washington County Board of Commissioners January 24, 2006 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Pulkrabek presided. Assessment, Taxpayer Services and Elections Approval of the following actions: Public hearing held to consider the Washington County Local Election Equipment Plan; Resolution No. 2006-014, adopting the Washington County Local Election Equipment Plan; Right of Entry agreement with 3M on tax forfeited property located in the City of Oakdale allowing them to install monitoring wells on said property. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Peterson: Nacho Diaz, Metropolitan Council Transportation Director, will retire and a retirement event will be held on March 8, 5:30 p.m. at the Downtown University Club; She reported on the Metropolitan Inter-County Association annual board meeting; and, She will meet with the Library Director to discuss the library and MELSA funding formula and technology grants; Commissioner Hegberg reported on meetings he attended in Hugo as follows: Discuss the 35E corridor; Metropolitan Council has agreed to early construction of the sewer line to Centerville; Hugo has budgeted $100,000 to help with Anoka County's plan to enlarge the overpass over 35; and suggested that Rebecca Neamy, Miss Washington County 2006 International be asked to speak at a future County Board meeting. Community Corrections Approval of the following actions: Renew purchase of service agreements for diversion, community work services, education and early intervention with the following: Children's Horne Society and Family Services; White Bear Lake Community Counseling Center; Forest Lake Youth Service Bureau; and Youth Service Bureau, Inc. Purchase of service agreement with Human Services, Inc. for domestic abuse assessment and treatment with the P.LAC.E. program in Stillwater and the Community Options program; Renew contracts with Willow Branch Counseling Services, The Van Group, Inc. and Penticoff Community Counseling for Multi Systemic Therapy, a juvenile placement alternative intensive in-home therapy program; Banding/grading for new classification of Division Manager at D 61-1; Purchase of service agreement with Tubman Family Alliance to provide services to victims/families of domestic abuse. Community Services Approval of the following actions: Appoint Walter Lambert, St Paul Park, to the Community Development Block Grant Citizen Advisory Committee, to a partial term expiring December 31,2007; Contract with Presbyterian Homes for assisted living plus services and Medicare certified home health services to eligible county residents; 2006 contract with Human Services, Inc. for mental health services, chemical health services, transportation services and resources for elder care services; Rate increase for chemical health services provided by Cedar Ridge, Inc. Appoint Corbin Hopkins, Newport, to the Community Services Advisory Committee to fill an unexpired term to December 31,2006; Workshop held with the Workforce Center Division to discuss the county's employment outlook to 2030. General Administration Approval of the following actions: Paul Ryberg, Lake Elmo, addressed the Board on two issues: Thanked Board for new branch Library in Lake Elmo; and, he will be looking at Wi-Fi systems and how the library can use it to help with patron computer access at libraries; January 10, 2006 Board meeting minutes; Reappoint Pamela Skinner, Oakdale, to the Ramsey-Washington Metro Watershed District Board of Managers to a term expiring February 23, 2009; Office of the State Auditor has redesignated Washington County for a private CPA firm audit for the years 2006 to 2008; Board workshop held to review the 2006 citizen survey. Housin(:l and Redevelopment Authority Approval to appoint Michael Stepan, Hugo, to the Housing and Redevelopment Authority to a first term expiring December 31,2008. Information Technolo(:ly Approval to sell surplus computer parts to TSG Server and Storage. Library Approval of the following actions: Amendment to contract with Dynix Corporation for maintenance of the HORIZON integrated library system; Appoint Robert Gag, Stillwater, to the Library Board to a first term expiring December 31,2008. Public Health and Environment Approval of the following actions: 2006-2008 home health contracts with Care Plus HHA Inc., Equity Services of St Paul, Fairview Lakes Home Caring and Hospice, Integrated Home Care, Lakeview Homecare and Hospice, REM Health Inc., and Sunrise Health Services Inc., to provide home and community based services for the elderly and disabled residents of the county; Board workshop held for an overview of the current status of the Washington County Emergency Operations Plan and the Countywide Hazard Mitigation Plan. Transportation and Physical Development Approval of the following actions: Agreement with the City of Dellwood for a perpetual easement on a tax forfeited parcel located in the City of Dellwood being transferred to the City of Dellwood; Workshop held to discuss a draft agreement with the City of Cottage Grove concerning the South Service Center and Ravine Parkway. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissio.ners January 10,2006 . Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Pulkrabek presided. Assessment, Taxpayer Services and Elections Approval of the following actions: Resolution No. 2006-006, Premises permit application by the Forest Lake Athletic Association for lawful gambling; Set public hearing to consider the Washington County Local Equipment Plan for Tuesday, January 24,2006 at 9:00 a.m. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Kriesel: Reported that the Grand Reopening of the Rosalie E. Wahl Branch Library in Lake Elmo was a great success; He commended the Sheriff's Department for its recent drug bust; and, He asked that a letter of thanks be sent to Steve Russell, former Planner for the City of Stillwater; Commissioner Peterson: Asked ifthe Water Governance Project would qualify for the type of . projects that the National Association of Counties is looking for; and, Requested that the Board hold a workshop to discuss the Minnesota Vehic1e Excise Tax constitutional amendment and the Board's position; Commissioner Stafford: Will be testifying in front of the legislative committee on eminent domain on behalf of MICA on Wednesday, January 11. Community Services Approval ofthe following actions: Rate increase for halfway house chemical health services provided by Kinnic Falls A1cohol- Drug Services, Inc.; Rate increase for chemical health services provided by Burkwood, Inc.; Rate increase for chemical dependency treatment services provided by Haven Chemical Health Systems, LLC in Woodbury and Scandia. General Administration Approval of the following actions: December 20, 2005 Board meeting minutes; Operations grant to the Washington County Agricultural Society for 2006; Public hearing to consider adoption of the 2006-2010 Capital Improvement Plan; Resolution No. 2006-007, adoption of the 2006-2010 Capital Improvement Plan; . Melinda Kirk introduced as the new Budget/Financial Analyst beginning Tuesday, January 17; Board correspondence was received and placed on file. . . . Human Resources Approval to ratify the 2006-2007 bargaining unit agreement with the Attorney's Association. Public Health & Environment Approval of the following actions: Renew agreement with the City of Afton to provide operation and maintenance services to the 201 Collector System; J oint Powers Agreement related to Homeland Security and Emergency Management programs and services; and designation of Deb Paige, Emergency Services Manager as county representative to the committee. A complete text ofthe Official Proceedings ofthe Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. 01/20/200& 11:43 &5143947El5 f-'Al.Je. Ul;tJ~ Stillwater Township Calendar . Chair Johnson February 2 Planning Commission 7:00 PM February 8 Budget Meeting 7:00 PM February 9 Town Board Meeting 7:00 PM · February 13 Dinner meeting at the Dock Cafe 6:00 PM February 23 Town aoard Meeting 7:00 PM .. find ~mother date for the park committee Chair Untiedt March 2 Planning Commission 7:00 PM March 9 Town Board Meeting 7:00 PM March 13 Park Committee 7:00 PM March 14 Township Annual Meeting 7:00 PM March 23 Town Board Meeting 7:00 PM Chair Untiedt April 6 Planning Commission 7:00 PM April 10 Park Committee 7:00 PM . April 13 Town Board Meeting 7:00 PM April 27 Town Board Meeting 7:00 PM Chair Countryman May 4 Planning Commission 7:00 PM May 8 Park Committee 7:00 PM May 11 Town Board Meeting 7:00 PM May 25 Town Board Meeting 7:00 PM Chair .Countryman June 1 Planning Commission 7:00 PM June 8 Town Board Meeting 7:00 PM June 12 Park Committee 7:00 PM June 22 Town Board Meeting 7:00 PM T~isors may aIIend any or all of Ih& above IMetings. :'. ~!he town hall unless othetWise specifl8d. January 28, 2006 . Clerk, Stillwater ToWnship STILLWATER TOWNSHIP . January 26, 2006 Chair: Johnson Agenda: Adopt Minutes: Approve Minutes: Regular Town Board Meeting January 12, 2006 Treasurer: 1. Report, if any 2. Claims And Checks 3. Escrow Update Attorney: 1. Erosion Control Planner: 1. Report Meeting With County Re: Bluffs Of St. Croix 2. Open Space Discussion 3. Engineer: People Portion: 1. Karen Richtman-Recycling Clerk: 1. Update Dinner Meeeting . Committees: 1. Park Committee 2. Planning Commission Old Business: 1. Newsletter Applicants New Business: 1. Cable Company Info. And Browns Creek Meeting Adiourn: . 1/24/2006 Pat Bantli . January 26, 2006 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Sheila-Marie Untiedt, Jim Hiniker, Linda Countryman and Jim Doriott. Also, Treasurer Gloria Sell, Attorney Soren Mattick and Planner Dick Thompson. 1. AGENDA - M/S/P DoriottjHiniker moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Countryman moved to approve the 1/12/06 town board meeting minutes as written. (5 ayes) 3. TREASURER- a. Report was given. b. Claims and checks #17584 thru #17593 were approved as written. c. Victory Pass and U.S. Homes escrow funds to be forthcoming in the near futur_ 4. ATTORNEY - Erosion Control - a. Regarding Mr. Gehl's concerns, the building inspector says a silt fence will be in place next Wednesday, February 1, 2006. b. Erosion control issues shall be part of the building inspector's check list at permit time. 5. ENGINEER- . a. The naked berm at 100th Street is still being researched. 6. PLANNER- a. Up front fees for the Keenan minor subdivision have still not been received. b. No response yet from Dr. Weber regarding animal units on his property. The matter'is being passed on to the attorney. c. The attorney advised against government being involved with homeowners associations on private property. 7. BLUFF OF ST. CROIX SUBDIVISION - Although the township would like to see different house placement on the land, it is too late to change the design. The National Park Service and developers are in agreement about the' scenic easement. The park service will see that nothing is built in the easement. The township' will ask that more trees be planted between the houses and Arcola Trail. . Stillwater Town Board Meeting - 1/26/06 Page Two 8. OPEN SPACE DEVELOPMENT - Some Questions, Thoughts, Suggestions. and, Information - · Are bonuses valuable enough? · Supervisors should have more say in what's going on. · Staff should be more state of the art and keep ahead of development. · Have policies to preserve open space been adopted? · Eleven individual holding tanks are not necessarily less progressive than one tank. · Is lot averaging better than one in ten acres? · Land trusts are now dealing with smaller amounts of land. · Planning commissioners feel the town board members should have a bigger roll in planning subdivisions. · Plan a preliminary meeting before a project starts for interested residents. Developers will answer residents' questions. .. · Financial aspect - one hour free for developers, then fees to be paid before charges are incurred. · Planner will make changes to the proposal submitted 1/26/06 and bring the revision to the ne~t town board meeting. 9. VICTORY PASS SUBDIVISION - M/S/P Johnson/Countryman moved to authorize the engineer to identify costs to complete the road section extension of 116th Street . through to Hunter's Ridge Subdivision. (4 ayes, Doriott nay) The final plat needs to be approved on February 23 so that heavy equipment can come in and start work before road restrictions are on. The attorney will look at the development agreement regarding the extension of 116th Street. 10. LIAISON CHANGES - Jim Doriott and Jim Hiniker will switch liaison responsibilities. (2006 Jim Hiniker planning and Jim Doriott park.) 11. RECYCLING INFORMATION - Karen Richtman - A report was given. Plans for recycling activities in 2006 are: 1. heavy metal day 2. use of the website 3. reuse coupons 4. magnets. She will return in February regarding a budget. 12. NEWSLElTER EDITOR - M/S/P Untiedt/Hiniker moved to approve offering Beverly Petrie the position of newsletter editor at a fee not to exceed the budgeted amount of $40.00 an hour. (5 ayes) 13. ADJOURNMENT - Meeting adjourned at 9:55 p.m. Clerk .. Chairperson Approved . January 12, 2006 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Sheila-Marie Untiedt, Jim Doriott and Linda Countryman. Also, Treasurer Gloria Sell, Planner Dick Thompson, Attorney Soren Mattick and Chief Of Police Steve Nelson. 1. AGENDA - M/S/P Untiedt/Doriott moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Countryman moved to approve the 12/8/05 town board meeting minutes as written. (4 ayes) 3. TREASURER- a. Report was given. b. Claims were reviewed and checks #17551 through #17583 were approved . for payment. c. M/S/P Doriott/Countryman moved to approve Kathy Nelson taking on more responsibility inputting data for the Chief of Police at her hourly rate of $15.95. (4 ayes) d. M/S/P Untiedt/Countryman moved to approve TKDA's fee schedule rate increases as of January 1, 2006. In particular is a rate raise from $109.00 to $119.00 an hour for the township planner. (4 ayes) e. M/S/P Untiedt/Doriott moved to continue using U.S. Bank for checking and savings for 2006. (4 ayes) f. A budget meeting will be scheduled for February 8, 2006 at 7:00 p.m. in the Stillwater Town Hall. 4. REORGANIZATlONAL MEETING - M/S/P Johnson/Countryman all issues of the reorganizational meeting will remain the same as last year. (4 ayes) 5. BULK MAIL ACCOUNT - The clerk will close the bulk mail account at the Stillwater Post Office and request that any money in the account be returned to Stillwater Township. 6. ANNEXATION REOUEST - M/S/P Untiedt/Countryman moved that the Stillwater Town Board waive the 90 day period for the annexation of 40 acres or less at Greeley Street and Highway 36 that is owned by the state. (4 ayes) .. Stillwater Town Board Meeting - 1/12/06 Page Two . 7. KEENAN MINOR SUBDIVISION PARK DONATION - There was lengthy conversation about a fair way to establish park donations for minor subdivisions. David Johnson suggested more discussion for a realistic budget. Attorney Soren Mattick concurred that the change should be downward. He will work with the planner for a solution that will be equitable for all. The planner will request that Mr. Keenan's subdivision fee and escrow be paid now. The park fee will be on hold for the present. 8. DELMAR GEHL - He is concerned about silt coming down to his pond from a neighbor's construction. He asked about silt fence requirements. The building inspector will be asked to look at the situation. A policy needs to be set to handle this matter in general. 9. CHIEF OF POUCE REPORT - a. Next month he will address dog licensing. It's time again. b. The old dog carting trailer is falling apart. He will check into a new one versus fixing up the old one. 10. NAKED BERM/l00TH STREET - Pat Raleigh told the board members that nothing has been planted on it. The matter will be relayed to our engineer. . 11. OPEN SPACE ORDINANCE - Jim Hiniker was not able to be present and asked that the open space ordinance be tabled until he can be present. 12. BLUFFS OF ST. CROIX - There was a lengthy discussion regarding house placement on the lots. Dick Thompson will talk to the National Park service about this matter and he, Sheila-Marie, and David will talk to county planner Ann Terwedo. 13. BLUFFS OF ST. CROIX AND VICTORY PASS - Subdivisions are stalled at the county level presently. 14. ADJOURNMENT - Meeting adjourned at 9:50 p.m. Clerk Chairperson .pproved . . . Stillwater Flood Control Stage 3 - Funding Status Page 1 of 1 C::;/~ )06 Pac ke+. Larry Hansen From: Klayton Eckles Sent: Friday, February 03, 2006 11 :07 AM To: 'Novak, Tom MVP-PM-A'; Larry Hansen Subject: RE: Stillwater Flood Control Stage 3 - Funding Status This is great news! Thanks for the update and your efforts, Tom! From: Novak, Tom MVP-PM-A (mailto:tom.novak@mvp02.usace.army.mil] Sent: Friday, February 03,20069:47 AM To: Larry Hansen; Klayton Eckles Subject: Stillwater Flood Control Stage 3 - Funding Status Larry /Klayton. Our request to reprogram funds from another project into Stillwater has been approved at Division and now needs to be approved by the House and Senate appropriations committees. This is new this year. I would anticipate we would hear something in March. We have identified a project that could give us $125k right now. The plan is to request approval to reprogram $500k this year to complete the EDR and begin P&S and the balance next year so we can advertise for construction. I will have a tentative schedule next Friday. Call me if you want to discuss further any of the above. 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