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HomeMy WebLinkAbout2003-06-17 CC Packet ~PECIAL MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-13 Council Chambers, 216 North Fourth Street June 17, 2003 4:30 P.M. CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Discussion on Budget Solutions REGULAR MEETING al by Council on July 1, CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - June 3, 2003 regular minutes will be availa 2003 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIO 1. Tom Koop, Larson Allen Weishair and Co., LLP - City Fi 2. David Wakudumira, Mayor of Sister City Jinja OPEN FORUM The Open Forum is a portion of the Council meeting meeting agenda. The Council may take action or rep staff regarding investigation of the concerns expressed. ncil on subjects that are not a part of the e of the statement or may give direction to .T AFF REPORTS . Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin. ommunity Dev. Director ity Engineer/PWD 7. City Attorney 8. City Administrator CONSENT AGENDA* 1. Resolution 2003 - 136, directin 2. Approval of gambling permit - Oak Glen County Club 3. Resolution 2003 -137, a Firefighters Associatio bills pidermolysis Bullosa Research Association of America, Inc. bor Agreement between the City of Stillwater and the Stillwater PUBLIC HEARINGS 1. This is the day a plat approval f a 1 Blk 2 - 36, 3 - 48,474 608 Nort affecte the public hearing to consider a request from Terra Springs, LLC, for final ivision including two outlots as follows: Lot 1 Blk 1 - 37,055 square feet; Lot are fee; Lot 2 Blk 2 - 62,779 square feet; Lot 3 Blk 2 - 37,405 square feet; Lot 1 Blk utlot A - 107,559 square feet and Outlot B - 116,809 square feet located at BD, Central Business District. Case No. SUB-F/03-56. Notices were mailed to ers and published in the Stillwater Gazette on June 9, 2003. UNFINISHE ESS 1. Discussio proposed Street Lighting Utility fee and possible 2nd reading on ordinance relating to street lightin fees NEW BUSINESS . 1. Possible appointment to Water Board (Resolution) . 2. Possible authorization for preparation of feasibility report for North Hill project (Resolution) 3. Possible approval of Water Street Parking Facility, Plaza, Flood Wall and Trail Study Proposal (Resolution) 4. Possible approval of quotes for McKusick Ravine stairs and hand railing (Resolution) 5. Possible approval ofquote for Pedestrian Crosswalk Striping (Resolution) 6. Discussion on 2:00 a.m. bar closing 7. Request for outside sales - Jerry & Mary Mechelke 8. Possible transfer of Wine with Strong Beer liquor license from Amy's at Brunswick to Deffrey Mark Dahl, DBA: Chives (Resolution) . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS 1. Request for variance to noise ordinance - Jessica Lange 2. Letter from Duane Seaquist regarding Impervious Surfaces and Disposal * All items listed under the consent agenda are considered to be ro enacted by one motion. There will be no separate discussion on citizen so requests, in which event, the items will be removed fro separately. unoff COUNCil REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT City Council and will be nless a Council Member or nt agenda and considered . . 2 f" .' . MEMORANDUM . . TO: Mayor & Council FROM: City Administration Hansen SUBJECT: Franchise Fees DATE: June 17,2003 BACKGROUND At the last council meeting, council was gracious in allowing staff to pursue various means of resolving our current budget crisis, including the possibility of initiating franchise fees for electric and gas. One Monday, June 17,2003, Dave Magnuson and I met with representatives of Xcel Energy to discuss same. The meeting was very amicable and they provided information regarding what a certain level of fees would generate in dollars. They also had certain requests of their own, such as extending the franchise and release of bond requirements should the franchises be amended. Since these are actually two separate franchises, one for electric and one for gas I will discuss them separately. ELECTRIC FRANCHISE The electric franchise fee is allowed by state law and a provision for up to a 5% fee is already provided for in the current franchise agreement. The representatives from Xcel recognize the City's ability to impose the fee, but are fearful that a 5% amount may cause a backlash with customers for both the City and Xcel. They have advised me that they will be very cooperative on any franchise fee request for 3% or less, but would be compelled to address customer concerns at the 5% level. Sample fees generated would be as follows: 1 % fee 3% fee 5% fee $95,299 per year $285,896 per year $476,495 per year 2003 (5months) $39,708 $119,123 $198,540 There would be very little cost in initiating this fee as the billing would be done by Xcel and the fees simply paid to the City on a quarterly basis. A 3% fee is recommended as ~ the cooperation ofXcel is initiating the program could prove instrumental to its success or failure. A total of 20 Minnesota cities charge a franchise fee for electric with more requests expected. . GAS FRANCHISE Xcel is much more sensitive to a franchise fee for gas. I believe this is based on a perception regarding fixed income individuals and winter heating bills etc. There is also concern regarding a prediction for higher gas prices this winter. Xcel representatives have suggested that a 1 % franchise fee would be workable. In the alternative they suggested that a $1 fee per month residential, $5 per month commercial charge for meters might be more acceptable to the public and would offer customers protection from gas pnce Increases. Sample Fees generated would be as follows: 1 % fee $1/$5 meter charge $82,254 per year (at current price) $98,824 per year 2003 (5 months) $34,272 $41,177 Again, there would be only negligible cost in implementing this fee and it would be handled by Xcel. Of the two options I recommend the meter charge. I strongly urge council consideration in initiating these franchise fee proposals. I realize . that the money is not free and that we are in essence shifting some former property tax dollars to a new form of taxation. However, I am still worried that if we continue to address the budget shortfall only through service cuts, and not increased revenue, we will soon reach an unacceptable service level for our citizens. For those who would criticize this revenue approach I respond that we are controlling spending having absorbed $750,000 in reductions last year and another $425,000 in 2003. I personally believe that increasing revenue will be even more important as we address the 2004 budget as our promised LGA amount will likely be reduced further. A combined approach of real cuts and revenue increases seems prudent given these uncertain times. . r " . City of Stillwater -Electric Franchise Fee Estimate InforrnationBased on Year Ending April2003 CLASS Residential Sm C & I - Non-Oem Sm C & I ~ Demand Large C & I ,Public Street Ltg Muni Pumping - N/D Muni Pumpinq - Dem Total CLASS Residential .c. & I - Non-Oem Sm C & I - Demand Large C & I Public Street Ltg Muni Pumping - N/D Muni Pumpinq - Oem Total . CUSTOMER ACCOUNTS 6;794 589 234 44 20 10 9 7,.700 CUSTOMER ACCOUNTS 6,794 589 234 44 20 10 9 7,700 kWh 63,825,467 7,493,048 28,714,534 46,162,211 912,953 76,156 940,002 148,124,371 kWh 63,825,467 7,493,048 28,714,534 46,162,211 912,953 76,156 940,002 148,124,371 $ NSP ELECTRIC REVENUES $4,793,616 $568,535 $1,727,059 $2,228,063 $145,694 $5,593 $61,320 9,529,881 NSP ELECTRIC REVENUES $4,793,616 $568,535 $1,727,059 $2,228,063 $145,694 $5,593 $61,320 $ 9,529,881 FRANCHISE FEE REVENUES $47,936 $5,685 $17,271 $22:281 $1 ,457 $!D6 $613 $95,29~ 'P;ERCENT OF ELEC REVENUES 1,0% 1.0% 1.0% 1.0% 1,0% '1.0% FRANCHISE, FEE REVENUES $143,808 $11,059 $51,812 $66,842 $4',371 $168 $1,840 $285,896 P!=RCENT OF ELEC REVENUES 3.0%:, 3.0% "3.0% CLASS Residential · Small CommFirm Serv Small Comm Dmd Billed Large Comm Firm Serv Large Comm Dmd Billed Small Interruptible Med. & Lg Interruptible Firm Transportation I nterruptible..T ransp. Total City of Stillwater." Gas Franchise Fee Estimate Information Based on Year Ending Apri12003 CUSTOMER ACCOUNTS 5,787 392 1 85 8 6,277 .THERMS 6,864,064 $ 1,026,605 $ $ $ $ $ 46,801 1,616,506 900,347 4 202,620 $ 10,656,943 REVENUE 5,607,076 809,880 ~r-, . FRANCHISE I. FEE $5?,25Q $8,091 $0 $352 $11,322. $4,973 35,033 1,137,670 499,746 126,553 $1,267 $8,215,958, $82,254 ~ I\;; . PER Account PERCENT PER MONTH 1'.00% $ 0.81 1. 00% $ 1.'72 1.00% $ 1.00% $\ 1.00%$ . 1.00%$ .00% 29.30 11.10 51.80 26. . I' . Xcel Energy State of Minnesota CllY SURCHARGES ON GAS SERVICE A surcharge as designated will be included in.the monthly bills computed under the indicated rate schedules effective in the following Minnesotacommunities: ~ u Delano East Grand Forks a Lake City b . Moorhead MoundsViewc New Brighton d North Sf: Paul e Sartellf Sauk Rapids 1 St. Augusta 1 St. Cloud 19 St. Paul1h South St. Paul 'See Notes. CODES: X Blank Space FS PRS . 0> OJ ro .c o :, (/) $0.0391/Therm 3,0% 2.0% $0.005rrherm 5.0% $0.005/Therm 4.0% FS 2.75% $0.005/Therm N/A N/A N/A 3.0% FS 3.0% Q) o .~ Q) (j) E u:: ro ~ Q) u 'w Q) n:: X X X X X X X X X X ro +~ Q) 5 5 o () Q) OJ "-,U) ro Q) ...J .0 -g .~ ro 0), ~(j) ro 5 5 .: (/)lJ.. u c ro 5 Q) o ro .0 ill 5 5 o () Q) e>~ j.~ u c: C"Q) ro(/) roal 5,= (/)(0 X X X X X X X X X X Q) o .~ Q) (j) c .2 ro t:: o c. 00 c ro .= E u:: Q) OJ ro ...J X X X X x X X X X X Q) o .~ Q) (j) Q) ;g 0. 2 Q; :s Q) :0 a =>. t: ,"Cf) 'Q) Q) '--,':0 C ._ - c: gJ,0> ),;.,., if) j,c o "0 :;:; C nl' rot:: '0 5 c. => 00 ,~, ~ :21- '0 c. U)'Q) C 0 ~'2: 1-0> O>(j) ::c.i_w "" ro g-e> t:-o Q), 0> - C ,.s =: xO ~,I- l.L.Q)';";;""" -5-0 00 Q) >_ 00 5 000 (j) 0'9- X X X X X X X X X X ro 5 (j) 00 Q). Q).~ !?c: . ro Q) ...J(j) -0 Q) c'~ ro,9 50. ::J =' :0. -,'c 0>2 :2E 0> o .2: ~~ , :.;::;c c. o. =,..- c-,'m . Q) t:: 1::--0 - c. ""';"rJ) ro,c 5 ~ (j)1- c o ~ 't:: o c. 00 c ro t=. u Q) 15 <D _ 0 g, .~ Q) 0> Z(j) X X X X X X x X X X X x X X X X X X X X X x X X X X X Indicates surcharge is applied. Indicates surcharge is not applied. Indicates rate is notavailable. Indicates fee schedulE;. See Notes. ... .' ,. ' Indicates surcharge)s based on customer's priorrate schedule; ., . .,. ..... If none, the Medium and Large Interruptible Transportation Services surcharge applies. Xcel Energy State of Minnesota CITY SURCHARGES ON ELECTRIC 'SERVICE Sm~et10f4 Issued:, 06/09/03 A surcharge as designated will be included in the monthly bills computed under the indicated rate schedules effective in the following Minnesota communities: ~ (3 Baker Burnsville a Coon Rapids Deephaven Dilworth b Hastings C Mankatod Minneapolis de Mounds View f New Brighton9 Owatonna h Robbinsdale i Sartell d j Sauk Rapidsd St. Cloud dk St. Paul dl South St. Paul West St. Paul White Bear Lake Winona m 'See Notes, $3:25 FS 4.0% $2.50 FS 4.0% NfA FS 4.0% FS FS 4.0% $2.00 NfA 3.0% FS 3.0% 5.26% 1.5% 4.0% Q) ~ <Il .r: t) ~ (f) rJ) Q) u '~ Q) (f) ~ c Q) '0 "en..-, Q) 0:: <i: x X X X X X x X X X X X X X X X X X Q) t) sS ~ Q) Q) ~ (f)Q) '0 CD 2.:2 0-0 ~c C <Il oE OQ) >-.0 OJ , ~ c Q) 0 C Z w~ X X X X X X X X X E X X X X CODES: NfA Not applicable. X Indicates surchargeisapplied, E Indicates surcharge is applied to, energy use, Q) t) '~ Q) (f) "" <1J Q), (L :t= o '0 2 'E :.:J X X X X X X X X X E X X X X Q) t) '~ Q) (f) OJ ,9 :E OJ :.:J Q) > B Q) 15 6:: t) ~' E o :; <:( Q) t) .~ Q) (f) ro Cii C Q) <.? ro E (f) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Q) u '~ Q) (f) >- <1J o '0 Q) E i= ro Cii C Q) <.? ro E (f) X X X X X X X X Blank Space FS s Q) rJ) o Q. Q) (,) '~ Q) (f) c ~.' :; o ti e? o X X rJ) Cii '0 a: Uu C'c. <Il <1J -a., V) jQQ) 'Q ," l:: i:: C Q) 8(f) ~ ,-"'0 <1J2 ~ :e -c ro 0 CiiO c >. Q) OJ <.? Cii _ C <:(w u C <1J E Q) (j) >- (f) .~ ~ ~ t) .c "_ ,Q> i:: ..J Q) ~(f) 35... S .b L.. (f) Q) _ C <:(w X ,X X X X X X X X X X X' X X X X X X X ,X X X X X X X X X '5 <Il (L u5 '0 .z- (5 OJ C :E OJ ::i .r: 15 o co Q) .-c' c'O OQ) ..c(/J 0.0 20 m,- l- Q) t) ." 1i i:: .:J Q) (L(f) Q) t) '~ :Q) (f) OJ C '5. E :J (L ro 0. '0 'c :J :2 Q) t) '~ Q) (f) OJ C '5. E :J (L ro 0. '0 'c :J :2 Q) u '~ Q) (f) OJ .9 :E OJ :.:J Q) e? (j) X ro E (f) X X X X X X X X X X X X X X X X X X X X X X X X X X, X X X X X X X X X X X ,X Indicates surcharge is not applied. Indicates rate is not available. Indicates fee, schedule.. See Notes, . Q) u .~ Q) (f) C e? i:i5 Q) rJ) C J!1 Q) o ';:; (3 '0 C <Il e? u:: o 06 ..J !!l ro LL >- c, o .r: C <:( (j) I >- ~ Q) C W rJ) rJ) Q) t) x W X X '. . ~. Cf . . . Memo To: Mayor and Council From: Kim Kallestad Date: June 11, 2003 Subject: Fire Department Fee Schedule Here's a list of fire department fees currently adopted. Incident Reports Open Burning Permits Storage Tank Removal Permits $5 $15 $75 A list of potential fees for fire department services has been reviewed. The following services are already being provided by the Stillwater Fire Department, and are regulated by the Minnesota Fire Code. Local ordinances authorizing permits and applicable fees (set by resolution) would be appropriate, if council chooses to adopt. Storage Tank Installation Permit (aboveground or underground) $100 Fire Sprinkler System Installation - Inspection Fee* $200 (Plan reviews are conducted and a permit is issued by the State Fire Marshal's office; Inspections are conducted by the Stillwater Fire Department) Fire Alarm System Installation Permit - Plan Review & Insp. 1.2% ($75 min.) (Stand-alone sprinkler monitoring included. Note: Monitoring is installed by fire alarm contractors, not sprinkler contractors.) Commercial Cooking Hood Extinguishing System Permit Family or Group Daycare Inspection $100 $75 Fireworks are regulated by the Minnesota Fire Code and other state statutes. Recent legislation has authorized local permits for the sale of fireworks and established a maximum annual fee of $100. Fireworks Sales Permit (Temporary structure or mercantile location) $100 . , In the category of emergency response, the following fees are recommended. Automobile Fire - Emergency Response & Extinguishment $300 . Injury Accident - Automobile Extrication $300 Structure Fire $500 Gas Line Rupture $200 Wildland Fires on R.R. Property, Ignited by Trains Time & Materials Hazardous Materials Incident Time & Materials (Time fees based on Wash. Co. Fire Chiefs Fee Schedule; materials at cost plus a 10% administrative/handling fee. Materials typically include fire fighting foam or specialty products for absorbing chemicals.) Many insurance companies have provisions in their policies authorizing payments to fire departments for fires and extrication/rescue services. Although the fees listed are below the average costs to provide these services, they are typical of insurance policy limits for such. Contractors cause the majority of gas line ruptures, and would receive the bills. Very few ruptures are caused by homeowners. State statutes authorize billing railroads for fighting fires caused by trains, and billing parties responsible for releasing hazardous materials. Recommendation: Council determine which fees to adopt and direct staff to prepare appropriate ordinances. Notes: * Sprinkler licensing law prohibits double permits by S.F.M. and local jurisdictions, but does not prohibit inspection fees. Sprinkler inspections conducted by Stillwater Fire Department include rough-in, 2 hr. hydro test, timed flow test, main drain, gate valves, and monitoring; additional tests on dry sprinkler systems include 24 hr. air test, dry valve trip test, and low air. Multiple site visits (3 to 8, sometimes more) are required for all new sprinkler system installations. . Fire fee schedule memo/budgets . # 'f . Addendum to Washington County Fire Chiefs Association Fire Service Agreement Mutual Aid Fee Schedule Adopted January 1,2003 AuuaratusN ehicle (includes personnel) Rate uer hour Ladder Truck Fire Engine Engine/T anker Tanker Grass Fire Vehicle Special Rescue Light Rescue Utility Vehicle Chief $350 $250 $250 $200 $125 $250 $125 $75 $75 . . . . . Graph 1 Graph 2 Graph 3 Graph 4 Graph 5 Graph 6 Graph 7 Graph 8 Graph 9 Graph 10 Graph 11 Graph 12 Graph 13 CITY OF STillWATER, MINNESOTA TABLE OF CONTENTS Operating Revenues and Operating Expenses-Water Fund Operating Revenues and Operating Expenses-Sanitary Sewer Fund Operating Revenues and Operating Expenses-Storm Sewer Fund Operating Revenues and Operating Expenses-Parking Fund Revenues, Expenditures & Transfers In-Library Fund Revenues, Expenditures & Transfers In-Parks Fund Revenues, Expenditures & Transfers In-St Croix Valley Rec Center User Fees and Operating Expenses-St Croix Valley Rec Center General Governmental Revenues by Source Capital Outlay & Construction-Governmental Funds Total Net Tax Capacity Legal Debt Margin Days Expenditures in Fund Balance-General Fund Only ,. . $1,000,000 . $900,000 $800,000 $700,000 I- $600,000 $500,000 $400,000 . $300,000 $200,000 $100,000 $0 . 1996 Notes: CITY OF STillWATER, MINNESOTA OPERATING REVENUES AND OPERATING EXPENSES - WATER FUND -,~;,~ 111111111 1997 2000 2001 1998 1999 2002 I-Operating Revenues -'-Operating Expenses I January 1, 2001 water rates were increased to cover operating expenses. . Graph 1 . . . $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 , CITY OF STillWATER, MINNESOTA OPERATING REVENUES AND OPERATING EXPENSES - SANITARY SEWER FUND r-~ . .. . :.~ . II 1996 1997 1998 1999 2000 2001 2002 I 0 Operating Revenues --Operating Expenses I Graph 2 CITY OF STillWATER, MINNESOTA . OPERATING REVENUES AND OPERATING EXPENSES - STORM SEWER FUND $400,000 $350,000 $300,000 $250,000 $200,000 . 4 .. 1/ . $150,000 . $100,000 $50,000 $0 1996 1997 1998 1999 2000 2001 2002 I ~ Operating Revenues ....... Operating Expenses I Notes: 1997 - Storm sewer projects for Lily Lake, Hazel Street and 4th Street. . Graph 3 . . Notes: CITY OF STillWATER, MINNESOTA OPERATING REVENUES & OPERATING EXPENSES - PARKING FUND 1996 1997 1998 1999 2000 2001 2002 I~Operating Revenues -Operating Expenses I In 1998 the attended pay parking program began. Graph 4 . . . $1,000,000 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 CITY OF STillWATER, MINNESOTA REVENUES, EXPENDITURES, & TRANSFERS IN- LIBRARY FUND . 1996 .. 1997 . 1998 2000 . 1999 ~ . 2001 . 2002 !-t-Revenues -Expenditures ........Transfers In I Graph 5 . CITY OF STillWATER, MINNESOTA REVENUES, EXPENDITURES, & TRANSFERS IN-PARKS FUND $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 . $400,000 / $200,000 $0 Notes: 1996 1999 2000 2001 2002 1997 1998 I.....Revenues .......Expenditures .........Transfers In I 2000 - Land acquisition (Railroad & Kern-Pauley Property) 2002 - .Received grant money for land acquisition . Graph 6 . . . CITY OF STillWATER, MINNESOTA REVENUES, EXPENDITURES, & TRANSFERS - ST. CROIX VALLEY REC. CENTER $1,500,000 $1,000,000 $500,000 $0 ($500,000) ($1,000,000) ($1,500,000) Notes: ..... 2000 I ~2 I..... Revenues ....... Expenditures ......... Transfers ! 1997 - Contributions received were transferred to debt service. 2000 - Second sheet of ice began opeartion in late 2000. Graph 7 . . . $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Notes: CITY OF STILLWATER, MINNESOTA USER FEES AND OPERATING EXPENSES ST. CROIX VALLEY REC. CENTER / . ............"...".,,.,..,,,..,,,,,....,.,,,....,,.,. $0 1998 1999 2000 2001 I""" User Fees .......Operating Expenses I 2000 - Second sheet of ice began opeartion in late 2000. Graph 8 2002 . . - $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 -- $4,000,000 -- $2,000,000 -- CITY OF STillWATER, MINNESOTA GENERAL GOVERNMENTAL REVENUES BY SOURCE $0 -- 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 .TAXES IlISPECIALASSESSMENTS o CHARGES FOR SERVICES IIINTERGOVERNMENTAL 1.I0THER Graph 9 CITY OF STillWATER, MINNESOTA . CAPITAL OUTLAY & CONSTRUCTION GOVERNMENTAL FUNDS $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 . $2,000,000 $1,000,000 .. ~ $0 , 1995 1996 ~ ~ ~ . . 2002 1999 2000 2001 1997 1998 I-+-CAPITAL OUTLAY -CONSTRUCTION I Notes: 1996 - Remodeling of City Hall 1998 - Construction of St Croix Valley Recreation Center 2000 - Construction of 2nd Sheet of Ice at the St Croix Valley Recreation Center 2002 - Construction of Public Works Facility e Graph 10 . . e CITY OF STillWATER, MINNESOTA TOTAL NET TAX CAPACITY $16,000,000 $14,000,000 $12,000,000 $10,000,000 -~ ,)- $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 I . TOTAL NET TAX CAPACITY I Graph 11 . . . $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 CITY OF STillWATER, MINNESOTA LEGAL DEBT MARGIN A / -/ 1996 1997 1998 1999 2000 2001 '.....LEGAL DEBT MARGIN I Notes: 2002 - Bond Issuance for Public Works Facility Graph 12 2002 . . CITY OF STillWATER, MINNESOTA DAYS OPERATING EXPENDITURES IN FUND BALANCE - GENERAL FUND ONLY 210 180 ~ . ..- . . 150 - rn >- cu C 120 ~ 0 t.. (1) .0 90 E ~ z . 60 30 - o - 1998 1999 2000 2001 2002 . Graph 13 LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2003-135 . 3D Specialties Ace Rental ,Action Rental All Time Detection Appletree Institute AT & T Berg, Gina Board of Water Commissioners Boesel. Tom Sr. Briggs and Morgan Buberl BlackDirt Buberl. Larry Cardinal Tracking Carquest Catco COW Coca Cola Corporate Express Cub Cy's DR Horton Evans, Mary Fred's Tire G&K Galles Corporation Gannon's Gartner Refrigeration Gilliam, Leeland Gopher State One Call Heritage Printing HLB TaLitgesRedpath, Ltd Holiday ikon Office Solutions Jani King Jansens Cleaning Service John, Steven A Kaeck, Brian Kern, Violet LMC LMC Berkley Risk Services, LLC Lind,Gladys Magnuson Law Firm Maple Island Hardware Menards Met Life Dental MN DepL Admin Intertechnologies MN Dept Public Safety BCA MN Public ErnployerLabor Relations As.soc ' Moaren Sod Farms Nestle Ice Cream Co. Northwestern Tire . '. Sign Material Hardware Stump Grind.er VenterHepairs, Ticket Rolls July 2003 Insurance Telephone Park Refund Water Bill, Repair PartsDfink Fountain Straw Bales Professional Services Black Dirt Animal Transports Polytherrn, Envelopes Vehicle Maintenance Supplies Repairyehicle Modems Parking Lot EquiPrnent Concession Supplies Supplies, Office Supplies Laundry Detergent Fire Dept Uniforms GradingEscrow Refund Park Refund Tire Repair Rugs, Mops, Uniform Cleaning ,Maintenance,Supplies Remove, Decals Equipment Repair Tuition Reimbursement Billable Tickets Learn To Skate Flyers Arbitrage Rebate CorTlputation Fuel Office Supplies, MaintenanceContrayt June Maintenance Maintenance Agreement Refund Landscape Escrow Sub Custodial' Hours GoCapitaF Outlay Bond Series 200qE Seminar Workers Comp, Muhicipality Ins. Land Purchase Professional. Services. Hardware Maintenance Supplies Insurance April 2003. Usage Seminars Summer Conference Sod Concession Supplies Tires 317.06 494.23 " 112.84 604.00 23,562.30 ,119.20 , 150,00 333.1.3 , 60.00 9,665.00 479.25 150.00 1,211.89 740.00 ' 265.29 .114.49 .270.25 169.52 , 10.63 , 231.85 3,000.00 50.00 '26.15 2,292.97 44.78 '300.00 30.02 261.45 , 108.50 ' 512.16 1,800.00 8.19 469.60 298.20 250.00 2,280.00 40.50 '44,270.13 , ' 20.00 153,473.50 ,.927.00 9,740.83 298.93 ,1 07.24 , 413.63 140.83 240.00 195..00 87.87 117.12 492.77 EXHIBIT" A" TO RESOLUTION #2003-135 Office Depot On Site Sanitation Parts Associates Pauley, Julius, Pauley, Sharron M Pearson Mechanical Services Press Publications R & R Specialties Rose Floral SALA Sentry System Inc. . Shred It Sprint Stillwater Courier Stillwater Equipment . Stillwater Gazette Stillwater Gazette Classified Stillwater Motors Stillwater Towing Streicher's Stutrud. Randi . Sun Turf TA Schifsky & Sons Tires Plus Toll Gas&, Welding Tom Griffith Sod United Building Genters United Rentals US Bank Verizon Wireless Vetsch,Sandra' Viking Electric Supply . Washington, County Historical SoCiety Washington County ReCorder/Registrar Wet Tek Yocum Oil Company ZeU Plumbing ADDENDUM TO BILLS Heritage Printin'g Metropolitan Council Moreno Diversified Plant Health AssoCiates Owest Rogness, Kathy Sanders, Wacker, BerglylnC. Viking Office Products Washington County ,Xcel Page2 Office Supplies Unit Rental Parts Go Capital Outlay Bond Series 2000E <30 Capital OutlaY 80nd Series2000E Service Repair Publication Ice Paint Flowers Public WOrks Facility Ju['je Monitoring Service Records Retention Cell Phones Publication Squad Cars Equipment Publication Advertisement Vehicle Repair Towing Uniforms Refund LearntdSkate Fertilizer,Seed Asphalt Shop Supplies Welding)3uppli~s ',Fertilizing 3 Parks Cement Starter Recoil Paying AgentFees , Cell Phones Reil11burseDARE Expenses Supplies for Rink . Go.Capital Outlay Bond Series2003HS Variance,. SUP Chemica,ls for Cooling Tower Fuel Repair Equipment May Newsletter July Wastewater Service Refund of Deposit Landscape Escrow Professi?nal Service 3/13-6/5/03 Telephone . Cookies for Council Lowell Park Architectural Services Office Supplies, 2003 SpeCial Asse$sment Billing Electricity, Gas Total 26.63 . 35455 . 496:43 30,103"81 ,30,103:81 115.00 128:00 1,15:t.OO 43.67 154.67 107.67 '205.20 67.80 273.01 5,233.60 327:45 97,50 103.93 126.50 68.00 65:00 1,4:?6.04 939:02 50.00 66:95 1.200,00 . 748:48 ' '. . 76:73 161.25 165:62 365:68., 1,220.'49 32;384WO 195.00 723.16 3;375:46 153,00 1,279:15 , 85,852:00 500.00 740.00 967:12 9.18 1;030:00 ,115:42 10,721:00 19,963.82 495,153.,10 . . . . EXHIBIT" A" TO RESOLUTION #2003-135 Page 3 Adopted by the City Council this 17th Day of June, 2003 . LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION . . January 1, 2002 through December 31,2003 Article II III III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX XX TABLE OF CONTENTS Page Preamble..... ..... ....... ............... ... ......... ..... .... ..... .... ......... ... ..... .... 1 Definitions................................................................................ ...1 Security.......... ... ................. ..... ....... .., ....... ...... ......... ..0............. ........... .... ...... 1 Seniority.... :............ ........... ........ ... ................. ........ ........... ... ... ........... ...... .... 2 Sick Leave................................................................................................... 2 Insura nce .................................................................................................... 4 Severance Pay. ........ .... .,. ...... ....... ...... ... .... ....... ......... ........ ... ..... .... ........... ... 4 Holidays....................................................................................... ................ 5 Vacations .................................................................................................... 5 Uniforms .......... .... .......... ..... ..... ..... ..... ........... ....... ... ........ ........ ....... ........... ... 6 Hours of Employment.. .... ..... .... ....... ............... ... ................ ... ..... ........ ......... 6 Residential Requirements........................................................................... 6 Extra Compensation...... ................................................. ............................ 6 Training.............. .................................... ..................................................... 7 Wages............. ............................................................................................ 7 Rules and Regulations..................................................... ........................... 8 Employee Rights - Grievance Procedure ...................................................8 Employer Authority.... ...... ............. ............ ...... ...... ... ......... ........... 11 Miscellaneous. . . . ... . . .. . . . . . . .. . . . . .. . .. .. . . .. . . . . . . . .. . .. ... . .. . . . . .. . .. . . . . . . . . . . . .. ... 11 Duration.. .. . .. . .. . ... .. . .. ...... . .. ... . .. . .. . .. ... ... . .. . .. ...... . .. ... ... . .. . .. . .. ... . .. .. 11 Waiver.......... ....... ...... ........... ......... ............... ... .... ......... ......... ... 11 . . . . . . LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION ARTICLE I PREAMBLE This contract entered into as of January 1, 2002 between the City of Stillwater, Washington, County, Minnesota, hereinafter referred to as the City and the Stillwater Firefighter's Association, hereinafter referred to as the Association, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, hereinafter referred to as the P.E.L.R.A., is to provide the terms and conditions of employment for Firefighter's during the duration of this contract. In accordance with the P.E.L.R.A., the City recognizes the Association as the exclusive representative of for the purposes of meeting and negotiating the terms and conditions of employment for all eligible personnel under Minnesota Statutes 179A. The Association shall have all those rights and duties as established by the P.E.L.R.A. and in the provisions of this contract. Job classes which are within the bargaining unit and covered by this Agreement as follows: full- time Fire Captain and full-time Firefighter/Engineer. ARTICLE II DEFINITIONS Section 1. Full-time Firefighter. A Firefighter regularly scheduled to work between forty (40) and fifty-six (56) hours per week. Section 2. Regularly scheduled employee. An employee working regularly scheduled hours as opposed to being part-time, on call or working when available, and having successfully completed the probationary period. ARTICLE III Section 1. SECURITY The Employer shall deduct from the wages of Employees who authorized such a deduction in writing an amount necessary to cover monthly Association dues and assessments. Such monies shall be remitted as directed in writing by the Association. Section 2. The Association may designate one (1) steward and one (1) alternate from the bargaining unit to act as stewards and shall inform the Employer in writing of such choices. Section 3. The Employer shall make space available on bulletin boards for posting Association notice( s) and announcement( s). Page 1 of 12 Section 4. The Association agrees to indemnify and hold the Employerharmless against any and all claims, suits, orders orjudgments brought or issuyd againstthe City asa result of any action taken or nottaken by the Cltyund~r theprovisionofthis Article. . SENIORITY Section 1. Seniority shall be ?etermined by the employee's .,Iengthof continuous employment with the full~time fire department and posted . inary appropriat~ loc<;ltion. Seniority rosters may be maintained by the fire chief on the basis of time in grade and time within specific classifications. Section 2. All newly hired employees shallseryea probationary 'period of twelve (1~) mOnths from the effective date of hire. During the prob<;ltionary perioga newly hired or rehired employee maybe discharged at the solediscretiorl of the employer. . During the probationary period a promoted orreassigned employee may be replaced in their previouspositionatthe soledisGretionofthe employer. SeGtion3.' Employeesshall be recalled from layoff on thebasisof~eniority...An employee on layoff shall have an opportunity to return to workwithintvvo (2) years of the time of their layoff before any new employee is hired. Section 4. Section 5; Section 6. Section 1. Recalled employees must report for work'Nithintwenty-one (21) working days from the date of the written. notice or lose recall , rights. · ' Senior employees will be> given preference with regard to tmnsfer,job classification assignments and promotions when thejobrelevant~uallficationsqf employees are equal. Senior qualified employees shall. be g,iven shiftassignments pref$rence affer eighteen (18) months of continuous full-time employment. ' . One continuous vacationperiodshallbe selected ontheibases of. seniority until March 1st of each calendar year. ARTICLE IV SICK LEAVE' All full-time employees shall, after a term of empldymentofone ye~r;bequalified to. receive payments on 'account . of' phy~ical disability to w()rk by reason of sickness.. For the purpose of t8is contract, sickness; shall include injury other than accidental injury arising out of andinthe course of employment by the City. Sickness benefits shall be as follows: a. If term of employment has been one year butl~ss than twoyeClfs; one week full pay. ' b. Ifterm of employment has been '2 t05 years-Jull pay 4weeks;,half pay9 weeks. . . Page 2 of12 . . . Section 2. Section 3. Section 4. Section 5. Section 6. c. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. d. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks. f. If term of employment has been 20 to 25 years - full pay 39 weeks; half pay 13 weeks. g. If term of employment has been 25 years or more - full pay 52 weeks. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: employees shall earn sickness disability leave at the rate of two shifts for each month worked. c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rate basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. Any employee receiving Worker's Compensation benefits because of a job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation benefits and does not assign his check, he will be paid for the difference between the Worker's Compensation allowance and his regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation, which has not been taken, may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may Page 3 of 12 Section 7. Section 8. Section 9. Section 1. Section 2. Section 3. Section 1. apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been . paid shall not exceed one (1) year. Such application shall be accomplished by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. For the purpose of this Article, the January 1 st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. The sick leave schedule and usage for other than the normal forty (40) hour work week shall be converted to proportionately equivalent time units. Family Medical Leave Act (FMLA) will be administered in accordance with City policy. ARTICLE V INSURANCE Effective January 1, 2002, the Employer will contribute up to Five hundred forty- six dollars and Fifty-eight cents ($546.58) per month per employee toward group health and long-term disability insurance including dependent coverage. Effective January 1, 2003, the Employer will contribute up to Five hundred seventy-four dollars and Ninety-four cents ($574.94) per month per employee toward group health and long-term disability insurance including dependent coverage. The Employer shall provide and pay for a twenty thousand dollar ($20,000.00) term life insurance policy for each full-time employee. ARTICLE VI SEVERANCE PAY One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten years of service with the City, but in no event shall severance pay exceed an amount equal to one (100) days pay. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee has retired due to age or physical disability, as above provided, but in no event shall such death benefit exceed sixth (60) days of full pay. Page 4 of 12 . . . . . ARTICLE VII HOLIDAYS Section 1. Employees shall be entitled to eleven (11) paid holidays per year. Section 2. Holiday pay shall be made the first day of the month of December of each year. Section 3. Holiday pay shall be 11.2 hours per holiday based on a 24-hour work shift. Section 4. Holiday pay shall accrue on the January 1 immediately preceding the anniversary date of employment. Section 5. Immediately preceding the 1 st anniversary date of employment the employee shall be entitled to one additional floating holiday without holiday pay. ARTICLE VIII VACATIONS Section 1. Permanent employees shall be entitled to vacations according to the following schedule: Emplovees hired after Januarv 1. 1998 Based on 40 hr. Work Week After 1 year up to 2 years service one week After 2 years up to 5 years of service two weeks After 5 years up to 10 years of service three weeks After 10 years up to 15 years of service four weeks After 15 years of service one additional day Per year of service Up to twenty years For a maximum of 25 days Emplovees hired prior to Januarv 1. 1998 After 1 year up to 2 years of service one week After 2 years up to 5 years of service two weeks After 5 years up to 10 years of service three weeks After 10 years of service four weeks Page 5 of 12 Based on 56 hr. Work Week three shifts six shifts nine shifts twelve shifts one additional shift up to 15 years of service to a maximum of 15 shifts three shifts six shifts nine shifts one additional shift each year one additional day per year of service up to twenty years for a maximum of 25 days up to 15 years of service . fifteen shifts After 15 years of service Section 2. Section 3. Section 4. Section 5. Section 1. Section 1. Section 2. Section 1. The vacation schedule and usage for other than a forty (40) or a fifty-six (56) hour work week shall be converted to proportionately equivalent time units. Employees shall take vacations in units of not less than one week's duration unless authorized by the appropriate fire department supervisor. For the purpose of this Articfe, January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine employee's term of employment. Vacation time not to exceed 80 hours or proportionately equivalent shifts may be used in the following calendar year unless authorized by department supervisor. Vacation in excess of the allowable amount shall be paid on the second payday in January at the rate of pay in effect at the end of the previous year. ARTICLE ix . UNIFORMS The City shall provide required uniform articfes and equipment. ARTICLE X HOURS OF EMPLOYMENT The authority to schedule full-time firefighters is the City. Work shifts established by the City shall be between eight (8) and twenty-four (24) hours in length. The authority to schedule part-time firefighters is the City. Part-time employees will work schedules as directed by the City. ARTICLE XI RESIDENTIAL REQUIREMENTS Employees hired after January 1, 1996 shall establish a permanent, bonafide residence which requires not more than fifteen (15) minutes of driving time from the residence to employment at speeds not in excess of posted limits, serviced by all weather roads. . Page 6 of 12 . . . ARTICLE XII EXTRA COMPENSATION Section 1. Regularly scheduled employees shall be compensated in excess of their regular pay for callbacks, filling in for employees on vacation or sick leave, filling in for employees away at training schools or other duty outside their normal shifts. Extra compensation for filling in for absent employees shall be on a daily basis computed by dividing the monthly pay by the number of days worked. Other extra duty shall be paid as follows: a. For callback and filling in for employees away at training schools, the compensation shall be at time and one-half with two hour minimum guarantee. Any additional time worked beyond the second hour shall be calculated on the one half-hour. b. For extra duty at the fire station (night duty), Five dollars ($5) for each night. c. Employees requesting in writing to the employer to receive compensatory time off in lieu of paid over-time as established in Section 1. (b) of this Article shall be allowed such compensatory time of at a time that is mutually acceptable between the employee and employer. Any compensatory time not taken off by December 31 of each calendar year shall be paid off by that date unless employer allows the time to be carried over to the next year. d. Callback hours shall not be pyramided, compounded or paid twice for the same hours paid. ARTICLE XIII TRAINING Section 1. City will provide all training required by the City at the City's expense. ARTICLE XIV WAGES Section 1. The fOllowing wage schedule shall apply: Effective: January 1. 2002 January 1. 2003 Start Six months to one year One year to two years Two years to three years Three years Captain $3,464 $3,534 $3,764 $3,814 $3,882 $4,154 $3,580 $3,650 $3,880 $3,930 $3,998 $4,279 Section 2. The average work year is 2912 hours for employees whose schedule provides for 24 hour shifts, which shall average 56 hours per week 3 hours of which is Page 7 of 12 Section 3. Section 4. Section 5. Section 1. Section 1. Section 2. Section 3. compensated at one and one-half times the hourly rate in accordance with the Federal Fair Labor Standards Act. Over time for shifts of less than 24 hours shall be paid pursuant to the Fair Labor Standards Act. . The employees shall be paid a monthly longevity bonus according to the following longevity pay schedule: Effective: After 5 years of employment After 10 years of employment After 15 years of employment After 20 years of employment January 1, 2002 $ 72 $144 $216 $260 If an employee becomes eligible to receive longevity pay for only a portion of a month, the 15th of the month shall be used as a cut-off date to determine the amount of longevity pay to be received for the month. If an employee becomes eligible on or prior to the 15th, the employee shall receive the full amount whereas eligibility after the 15th shall result in one-half of amount. Full-time Employees shall be paid 26 paydays per year. Part-time Firefighters shall be paid monthly. Compensation for extra duty shall be computed at the end of each pay period. ARTICLE XV RULES AND REGULATIONS . Rules and regulations governing the Department of Public Safety shall govern the conduct of the Fire Department employees and shall be the determining cause for suspension of an employee or termination of this employment. ARTICLE XVI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE Definition of a Grievance. A grievance is defined as a disagreement as to the interpretation or application of the specific terms and conditions of this contract. Association Representatives. The City will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the City in writing of the names of such Association Representatives and of their successors when so designated as provided by this contract. Processinq of a Grievance. It is recognized and accepted by the Association and the City that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time . Page 8 of 12 . Section 4. . . without loss in pay when a grievance is investigated and presented to the employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the employer. Procedure. Grievances as defined in Section 15.1 shall be resolved In conformance with the following procedures: a. An employee claiming a violation concerning the interpretation or application of this contract shall, within 21 calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the employer. The employer-designated representative will discuss and give an answer to such Step 1 grievance within 10 calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the contract allegedly violated, the remedy requested and shall be appealed to Step 2 within ten calendar days after the employer designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within 10 calendar days shall be considered waived. e. If appealed, the written grievance shall be presented by Association and discussed with the employer designated Step 2 representative. The Employer designated representative shall give the Association the Employer's Step 2 answer in writing within 10 calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to step 3 by the Association within ten (10) calendar days shall be considered waived. f. If appealed, the written grievance shall be presented by the Association and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give the Association the Employers answer in writing within 10 calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within 10 calendar days following the employer designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within 10 calendar days shall be considered waived. g. If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article XVI or a procedure such as: Civil Service, Veterans' Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article XVI the grievance is not subject to the arbitration procedure as provided in Step 4 of Article XVI. The aggrieved employee shall indication in writing which procedure is to be utilized - Step 4 of Article XVI or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the Page 9 of 12 Section 5. Section 6. employee from making a subsequent appeal through Step 4 of Article XVI. . h. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. Arbitrator's Authoritv a. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this agreement. The arbitrator shall consider and decide only the specific issue( s) submitted In writing by the Employer and Association and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever is later, unless the parties agree to the extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of the agreement and to the facts of the grievance presented. . d. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of Employer's last answer. If the Employer does not answer a grievance or and appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. . Page 10 of 12 . . . Section 1. Section 1. Section 1. Section 1. Section 2. ARTICLE XVII EMPLOYER AUTHORITY The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the employer to modify, establish, or eliminate. ARTICLE XVIII MISCELLANEOUS Part-time employees will not be eligible for any benefits under this agreement. ARTICLE XIX DURATION This agreement shall remain in full force and effect for a period commencing January 1,2002 through December 31,2003. In the event a new agreement is not in effect on January 1, 2004, all compensation, working conditions and benefits shall remain in effect as set forth in this agreement until a successor agreement is effected. ARTICLE XX WAIVER Any, all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition or employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. The employer and the union each voluntarily and unqualifiedly waives the right to meet and negotiate any and all terms and conditions of employment referred to or covered in the agreement or with respect to any term or condition of employment not specifically referred to or covered by this agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have set their hands this 1ih day of June 2003. FOR THE ASSOCIATION: FOR THE CITY OF STILLWATER: President Mayor City Clerk City Administrator Page 12 of 12 . . . . . . RESOLUTION 2003 - 137 APPROVING 2002 -2003 LABOR AGREEMENT BETWEEN THE CITY OF STILL WATER AND THE STILLWATER FIREFIGHTERS ASSOCIATION BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the 2002- 2003 Labor Agreement between the City of Stillwater and the Stillwater Firefighters Association, is hereby approved and the Mayor and appropriate City staff are directed to sign said Agreement. Adopted by the City Council this 1 ih day of June 2003. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk ,. LIST OF BILLS EXHIBIT II A" TO RESOLUTION #2003- 135 . . 3D Specialties Ace Rental Action Rental All Time Detection Appletree Institute AT&T Berg, Gina Board of Water Commissioners Boesel, Tom Sr. Briggs and Morgan Buberf Black Dirt Buberl, Larry Cardinal Tracking Carquest Catco COW Coca Cola Corporate Express Cub Cy's DR Horton Evans, Mary Fred's Tire G&K Galles Corporation Gannon's Gartner Refrigeration Gilliam, Leeland Gopher State One Call Heritage Printing HLB Tautges Redpath, Ltd Holiday Ikon Office Solutions Jani King Jansens Cleaning Service John, Steven A Kaeck, Brian Kern, Violet LMC LMC Berkley Risk Services, LLC Lind, Gladys Magnuson Law Firm Maple Island Hardware Menards Met Life Dental MN Dept. Admin Intertechnologies MN Dept Public Safety BCA MN Public Employer Labor Relations Assoc Moaren Sod Farms Nestle Ice Cream Co. . Sign Material Hardware Stump Grinder Venter Repairs, Ticket Rolls July 2003 Insurance Telephone Park Refund Water Bill, Repair Parts Drink Fountain Straw Bales Professional Services Black Dirt Animal Transports Polytherm, Envelopes Vehicle Maintenance Supplies Repair Vehicle Modems Parking Lot Equipment Concession Supplies Supplies, Office Supplies Laundry Detergent Fire Dept Uniforms Grading Escrow Refund Park Refund Tire Repair Rugs, Mops, Uniform Cleaning Maintenance Supplies Remove Decals Equipment Repair Tuition Reimbursement Billable Tickets Learn To Skate Flyers Arbitrage Rebate Computation Fuel Office Supplies, Maintenance Contract June Maintenance Maintenance Agreement Refund Landscape Escrow Sub Custodial Hours Go Capital Outlay Bond Series 2000E Seminar Workers Comp, Municipality Ins. Land Purchase Professional Services Hardware Maintenance Supplies Insurance April 2003 Usage Seminars Summer Conference Sod Concession Supplies 317.06 494.23 112.84 604.00 23,562.30 119.20 150.00 333.13 60.00 9,665.00 479.25 150.00 1,211.89 740.00 265.29 114.49 270.25 169.52 10.63 231.85 3,000.00 50.00 26.15 2,292.97 44.78 300.00 30.02 261.45 108.50 512.16 1,800.00 8.19 469.60 298.20 250.00 2,280.00 40.50 44,270.13 20.00 153,473.50 927.00 9,740.83 298.93 107.24 413.63 140.83 240.00 195.00 87.87 117.12 EXHIBIT" A" TO RESOLUTION #2003- 135 Northwestern Tire Office Depot On Site Sanitation Parts Associates Pauley, Julius Pauley, Sharron M Pearson Mechanical Services Press Publications R & R Specialties Rose Floral SA LA Sentry System Inc. Shred It Sprint Stillwater Courier Stillwater Equipment Stillwater Gazette Stillwater Gazette Classified Stillwater Motors Stillwater Towing Streicher's Stutrud, Randi Sun Turf T.A. Schifsky & Sons Tires Plus Toll Gas & Welding Tom Griffith Sod United Building Centers United Rentals US Bank Verizon Wireless Vetsch, Sandra Viking Electric Supply Washington County Historical Society Washington County Recorder/Registrar Wet T ek Yocum Oil Company Zell Plumbing Adopted by the City Council this 17th Day of June, 2003 Page 2 Tires Office Supplies Unit Rental Parts Go Capital Outlay Bond Series 2000E Go Capital Outlay Bond Series 2000E Service Repair Publication Ice Paint Flowers Public Works Facility June Monitoring Service Records Retention Cell Phones Publication Squad Cars Equipment Publication Advertisement Vehicle Repair Towing Uniforms Refund Learn to Skate Fertilizer, Seed Asphalt Shop Supplies Welding Supplies Fertilizing 3 Parks Cement Starter Recoil Paying Agent Fees Cell Phones Reimburse DARE Expenses Supplies for Rink Go Capital Outlay Bond Series 2003HS Variance, SUP Chemicals for Cooling Tower Fuel Repair Equipment .. '. 492.77 26.63 354.55 496.43 30,103.81 30,103.81 115.00 328.00 1,154.00 43.67 154.67 107.67 205.20 67.80 273.01 5,233.60 170.27 97.50 103.93 126.50 68.00 65.00 1,436.04 939.02 50.00 66.95 1,200.00 748.48 76.73 161.25 165.62 365.68 1,220.49 32,384.00 195.00 723.16 3,375.46 153.00 . . . . . . Minnesota Lawful Gambling LG240B Application to Conduct Excluded Bingo (No fee) Page 1 of 2 8/00 If your organization has been licensed or exempted in the current calendar year. you are not eligible to apply for excluded bingo. Organization Information Previous authorization number, if any)'p> cz,UDl.-C)z..-oc,j ~!Q~~ization Name (as)fppears on dOCU"oCo.;o~~n filedVllith Minnesota Secretary of State or I,",c....,l Revenue Service) \,,~':brQ, 1" /0rner,(lrl,,- .//\/c 1 Street / U (J I . c{;;~ pJe~~\!- .3fo~ ~~ 0t:cAVb *-L City fA I / State ,\ , , I , \ IF:i-0 \;(?{t;), ~ IN . y . Type of nonprofit oJan~zati'on (check one): / D Fratemal 0 V,eran D Religious [Q'6ther nonprofit organization Zip code /~ County IVV / Type of proof of nonprofit - attach a copy (see instructions): D yertificate of Good Standing - Minnesota Secretary of State's Office ~Internal Revenue Service D Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No f Yes If yes, list the dates that bingo was conducted Ell The bingo event will be one of four or fewer bingo events held this year. Date(s) of bingo event(s) o..AA-'3iA ~.j. (?,\ I 1-(:03 -OR- o The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair ------- Date(s) of bingo event State Fair --------- Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of person in charge of the bingo evert Daytime Phone ((is \ ) L.l~<-; - LJL-11l; V--v \ ~t \ V"l S~.... f:.::)L.. \ Premises Where Excluded Bingo Will Be Conducted Name of premises ()r~ IL r" \ c v\ r1 n \ ( (' ()'I \. liS. ( Street address l?Jq 0\ fY\ L \L\i\.S\ ~/V/ \kt City or township SV\tL\J~c~V V iY\~ ()(JO'tJ Be sure to complete page 2 County \:\W':::',\i\. \/ii\C\\--nV\ -' " ., Page 2 of 2 8/00 . Organization Name LG240B Application to Conduct Excluded Bingo Chief Executive Officer's S~nature The information provided in this appli~COm~ete a~~afe to the ~ ~. my knov.4edge. Chief executive officer's Signat'te//>'~ ~~~L-I?~ Name (please print) 01,<) IC:;:r; .v r :~ S:~A)CR. . Phone number @) fU~/sX.5 Date ~ IclD I C"A. ~ Local Unit of Government Acknowledgment and Approval I If the gambling premises is within city limits, the city must si~n this application. On behalf of the city, I hereby approve this application for excluded bingo activity at the premises located within the city's jurisdiction. Print name of city Signature of city personnel receiving application Title Date 1 If the gambling premises is located in a township, both the county and township must sign this appli.....t...n. For the townshio: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). For the countv: On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the county's jurisdiction. This form will be made available in aKc., ",,;;,/eformat O.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in la1MuI gambling activities in Mi, . -=via. You have the right to refuseto supply the infv'" "";;v., requested; hov.ever, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you an authorization. If you supply the information requested, the Board will be able to ", v...c.>5 your application. Your name and your OrgOIl~,jon'S name and address will be public information v.tJen received by the Board. All the other information that you provide will be private data about you until the Board issues your authorization; When the Board issues your authorization, all of the information that you have provided to the Board in the process of applying for your authorization will ;.,.,....,., ,e public. If the Board does not issue you Signature of township official acknowledging application Title Date I Print name of county . (Signature of county personnel receiving application) Title Date 1- an authorization, all the information you have provided in the ""..~ of applying for an authorization remains private, with the exception of your name and your organization's name and address VIklich will .eo, .0;', public. Private data about you are ava~abIe only to the following: Board ,,,'" ..l....>, staff of the Board V\kJose v.ak assignment requires that they have access to the i..f.......ation; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Rnance, and Revenue; the Minnesota Legislative Auditor. national and international gambling regldatory agendes; anyone pursuant to court order; other individuals and Co"'" "';c.>that are ."".,.,;r.taIly au(; .u,;""J by state or federal law to have Co..vo.:o.> to the information; individuals and Co",,", .";es for Wlich law or legal order authorizes a newuse or sharing of information after this Notice was given; and anyone with your consent Mail Application and Attachment(s) Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: Gambling Control Board Suite 300 South 1711 W. County Rd. B Roseville. MN 55113 If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. . Ab~ut DebRA:: DebRA:: . r Main . Home . About DebRA . About EB . New Parents . Nurse Educator . News Room . The Many Faces of EB . Donor Recognition . Links . Contact Us -~------- News and Events News Flash! .. . . I Home I logout I Page 10f2 About DebRA Posted by: Admin on Feb Zl, Z003 - 03:43 AM 1644 Reads 6 About DebRA ~ ., j http://www .debra.org/modules.php?op=modload&name=News&file=article&sid= 1 &mode=thread&order... 6/13/2003 The Dystrophic Epidermolysis Bullosa Research Association of America, Inc. (DebRA) is the only national not-for-profit organization working to cure EB; to promote research, education, and advocacy, and to provide services and support for people with EB and their families. We are an organization dedicated to the improvement in the quality of life for all EB patients and their families. The aims of the organization are to: . Raise funds to encourage and support research into the causes, treatment and cure of EB and other genetic disorders of the skin. . Relieve the physical and mental distress among persons suffering from EB through practical advice, guidance and support. . Provide EB patients and their families with information about the disorder and assist them in finding medical, social and genetic counseling. . Act as an information source for physicians and other health professionals. . Distribute educational material about EB to the general public. More Information: 1. DebRA Staff (Who's Who) 2. Board Members and Affiliates Contact Information: DebRA of America, Inc. 5 West 36th Street,Room 404 New York, NY 10018 Telephone: (212) 868-1573 Email: staff@debra.org L.am ~ J · Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director ~ June 11,2003 Preliminary and Final Plat Approval for 7 Lot Subdivision Located at 608 North Main Street (Case No. SUB-F/03-56) . This application is a follow up and implements the concept Terra Springs Planned Unit Development (PUD) approval from your meeting of June 3,2003. The subdivision divides the 10.13 acres site into 7 lots, 5 developable and 2 outlots. The 5 developable lots will be the sites for 5 buildings consisting of 227 housing units. The item before the Council is the subdivision of the site. Road and utility improvements are all private so the normal utility or roadway easements will not be required. After the recording of the plat, condominium subdivision and park/open space and trail easements will be privded for public access to the interpretative rail and other common open space areas. The wall and a 10 foot strip of land around its base will remain in City of Stillwater ownership. . Findings: The proposed subdivision is consistent with the Downtown Plan, Comprehensive Plan and zoning requirements. Recommendation: Approval Attachments: Application, final plat and planning commission staff report June 9, 2003 . ~.~t cSm,'~ J '1~1 ~ .3..-a.5:\- ~'l\~ . '.. . -.., lo~...,-\ 3()..3'-l~ll ~,~ .. - -....' ;. i .1 De,aFS~J \, U-r\~f"S..-arJ 1ha...\- aJ\ ~6nCe.r()S re";\~~ ~ ~CLLe~~ ~ 1-et1'7L Sp nnQ ~ -to k.. huu-d o.-t- \VuL- mee-h' f"'I4 c-n ~ 11. +\n w-eu-er \ u.n.Ll .be.- "uJ- b. ~ tow-Yl ) \ on k,LL$<-n<!'SS ~ f4 ~ un f",\--nn+ ~+ . I ~~ ~1'.f''''--~., 'h,. -b, sh<u<:- ~ CfJ,m, , f'Y1Q.Ai-s~ . \\ IlK-- clM=~ oJoouL--tM~ro~ QY\ ~ . ~$t-. M, vi eu-:l 0'':' '-th;. .r' u-e.r -l-. ... ~.:.t c.o r-n.e-ro . '; 'thtt- -\-0 w () Co~ be. I.'U"t- !i$1 'kJ. I'f ~ ~ no.\- ~. cm-l---ol.; f- ~ -t.)C,:recl-cJ-,'l!hS o.~-th,L- fro o~ scor- k- ~ 4n. ~ aJ:OY\ft- -;;hoUlcL ba- ~ -l-o ~ fl\.UU'maJ \rtS<-.~ o-t-ik-<;bc--huc.- 'UYY't) . .~, , I I I~ ~ . .- .. ! i ". } <' . . . --- c., ...-~!..:.. t"" . t.. -tvu-- bt~ti~-h- ~~m1~ has ~ . ! rcn +., --th. shor{-.. lonl -\e.cm lmf~+ llh our ComrnUfU-~ . ou.,-sCh",,\s, lLn:.- lu'lJ.u--~~ 01JC4 ~wcled- tlvLll~s \"~.>' ~~~pl~ ~ ' ~_ \? I. 1\ ^ t\ _ _ I .\~~ -- _....~ ~ l t \") \ ~ . vv l.1l.X- ~-t:.,~:,- _ _ ::... (')')-) O-("t:...o (:::>c> I CL- () co..-tS' I Con oW- -:re- ~~ uk 7* more- wv-b ! ::t:-\ vo ke\- ,. _.LJ - Ad~mflllor}"Albrigh'(American.18~'J957) 7 /i' CU9 ~ ~"1 v-.a> l,.l..:$iiig F" "" ~()c. L..(1..f'\ 0 ~ .fJ \Yll.t, 'N'I SL\~"": ~o~~ ~ "-' 5 Cf n:> u.:;tk w ['" ~h' ~ c..e,sk?\ ~~ ~\, C~c.0d.Jul ~, cht.LCt:hes '*- h~ mon- k\fG? 'If' w<...~L ~ car, ~ d- coSk""l ~ ~ ' now -I 5hll not. CoS.\-- OS msr<- 3 -5lJt'l:U> f-",.. ~~ \f no!;- L>X.-ROj noW, w-c.. cr~ IGLkrOt- ~. ~i ~. tv\~~ft?e-Df~) Ko,(.. c.~ e1-c, is no\- dtu.;~ -gt'~ \ 'SJ not- ~~~ r. 5u""\~ I Jvt~o..rr.t.Srn~ttu:.r. ~ 1 .- , '1~ '" Nt PLANNING APPUCAnON REVIEW FORM CASE,.~9. SUB-F/03-56 Planning Commission Date: June 9,.2003 . Project Location: 608 North Main Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicants Name: Terra Springs, LLC Type of Application: Subdivision Project Description: The request is to subdivide the Territorial Prison Site, 10.13 acres, into 7 lots; 5 developable lots and 2 outlots. Discussion: The preliminary plat subdivision request is a follow up to the concept planned unit development approved previously by the planning commission on 4/14/03. The subdivision will create 5 developable lots and two outlots. The 5 developable lots will contain 5 structures and the 227 housing units a part of the PUD. The two outlots are the wall and uplands and the Courtyard archeological green. Outlot B, 2.68 acres, will be owned by the city and Outlot A will be open to the public as a part of the parkamenltles. An Interpretative. trail will encircle the site and connect to interpretive opportunities; caves, relocated wayside, interpretative center and possibly the wardens house. Th site plan and utility plans are being reviewed by the engineering department and the roadway system has been reviewed an approved by the Are Chief. The subdivision has been referred to MnDOT for comment. The developer will be installing all sewers and utilities. The planned unit development use is consistent with the CBD zoning and the subdivision is consistent with the zoning ordinance and Downtown and Comprehensive Plans. Recommendation: Approval Conditions of Approval: 1. Utilities, trails and public open space easements shall be provided as needed by the engineering and community development director. 2. The street plan shall be modified to meet the fire chiefs conditions of approval. 3. The interpretative center, trail, archeological green shall be provided in lieu of park dedication. 4. All utility plans shall/ be reviewed and approved by the city engineer. Attachments: Application and preliminary plat. C(/0 (; -r -O~ t- S-'-Q . , PLANNING ADMINISTRL. -ON APPLICATION FORM Case No: 6'1;/ft-t Date Filed: 0 03 Fee Paid: Receipt No.: . ,1-, . ACTION REQUESTED - Special/Conditional Use Permit - Variance - Resubdivision .x Subdivision * - Comprehensive Plan Amendment * - Zoning Amendment* Planning Unit Development* = Certificate of Compliance COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STillWATER . 216 NORTH FOURTH STREET STillWATER, MN 55082 The fees for requested action are attached to this application * An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the completeness and accuracy of aI/ forms and supporting material submitted in connection with any application. AI/ supporting material (i.e., photos, sketches, etc.) submitted with application becomes the property of the City of Stil/water. Sixteen (16) copies of supporting material is required. If application Is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will delay the application process. PROPERTY IDENTIFICATION Address of Project: 608 No Main (Territorial Prison site) Assessor's Parcel No. . Zoning District: C B Description of Project Mixed-Use Development "I hereby state the foregoing statements and all data, information and evidence submitted herewith in aI/ respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used. " (GEO Code) Property Owner: CITY OF STILLWATER Representative: TERRA SPRINGS LLC (Brian Sweeney) Mailing Address=-?1A No Fourth Street Mailing Address' 180 E 5th Street - ste 160 City - State - Zip: Stillwater. MN 55082 City - State - Zip St. Paul. MN 55101 Telephone No. 651-430-8800 Telephone No. 651':'291-3591 (Signature is required) Signature ~Ju., (signature is re Signature SITE AND PROJECT DESCRIPTION ... see next page . H:\mcnamara\sheila\PLANAPP. FRM April 12,2002 --, Case No: Date Filed: Fee Paid: Receipt No.: ( "PLANNiNG ADMINISTRJujON APPLICATION FORM '. Page 2 .. .. . SITE AND PROJECT DESCRIPTION " Lot Sizes: LOT ONE I Block One Total Building floor area square feet 37,055 SF! 0.85 AC! 36,052 SF! 0.83 AC:t LOT TWO I Block Two ... 62,779 SF:t 1.44 AC:t LOT ONE I Block Two '\ LOT THREE I Block Two... 37,4405 SF:t 0.86 AC! LOT ONE I Block Three '" 48,474 SF! 1.11 AC:t OUTLOT A ......... ............ 107,559 SF:t 2.46 AC:t 'OUTLOT B...................... 116,809 SF:t 2.58 AC:t . Land Area: aoorox. 6 Acres Existing ROOO square feet Height of Buildings: Stories Feet Proposed 250,000 square feet Principal 2-6 stories 20-58 feet Paved Impervious Area square feet /\eeC55ory J total Of 5 building~) No. of off-street parking spaces: - 342 . H:\mcnamara\sheila\PLANAPP.FRM April 12,2002 ,/ . . . ORDINANCE NO.: AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADOPTING STREET LIGHTING REGULATIONS The City Council of the City of Stillwater does ordain: 1. ENACTING. The City. Code is amended by adopting Chapter 24, Article III Street Lighting, which will read as follows: CHAPTER 24, ARTICLE III STREET LIGHTING; LOCATION AND COSTS. Subd. 1. PUfDose. It is the Council's intention to encourage the installation of street lighting throughout the City to promote the general health, safety and welfare of the citizens of the City. Subd. 2. Location. (1) The Council, upon a petitIOn of at least 35% of the property owners in an existing subdivision or developed area or upon its own initiative, shall determine the streets, parks or other public and private areas on which the City will install and operate a street lighting system. (2) Before any service is furnished, the Council shall schedule a hearing pursuant to the provisions of M.S. Chapter 429, as amended, at which time the Council will consider the project. (3) The City may pay a portion of the costs of installation of street lighting systems as the Council may by policy determine from general ad valorem tax levies or from other revenues or funds of the City available for that purpose. In the event the Council elects not to pay all of the installation costs, the remaining unpaid portion shall be assessed against the benefited property owners as a public improvement following a public hearing and in full accordance with the provisions of M.S. Chapter 429, as amended. Subd. 3. Ooeratinl! Costs: Assessments. (1) The City Clerk shall keep a record of the costs of operation, maintenance and replacement of the street lighting system including clerical, administrative and incidental costs~ (2) Those costs shall be apportioned to each lot and parcel of property benefited by the street lighting system, whether or not the property abuts the street or other public or private area in which the system is located. Further, the cots shall be apportioned to similar classes of property similarly. (3) The City Council, based on the information, shall by resolution, determine the rate to be paid by each lot or parcel. . (4) The City Clerk shall quarterly, prepare a bill based on the adopted rate for each lot or parcel. The bill may be added to the sewer billing for each lot or parcel benefittted by the street lighting system. The amount billed will, thereupon, become immediately due and payable. (5) In accordance with M.S.S 429.101, the City Clerk is authorized to certify the unpaid portion of any bill to the County Auditor to be added to the tax rolls for collection with the real estate taxes. 2. SAVING. In all other ways, the City Code will remain in full force and effect. 3. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of June, 2003. CITY OF STILLWATER Jay L. Kimble, Mayor . Attest: Diane F. Ward, City Clerk . - 2 - . Memorancum To: Mayor and City Council Klayton Eckles, City Engineer June 13, 2003 ./ 'L~ \ From: Date: Subject: Discussion on Proposed Street Utility Fee DISCUSSION At the last City Council meeting, Council had a first reading of an ordinance to implement a street lighting utility. City staff has examined how such a system would work and also looked at potential revenue generation. The option of a street lighting utility makes sense in that everybody in the City benefits from street lights and traffic signals. Even residents that have little or no city street lighting use our city street system and benefit from the safety provided by street lights and traffic signals. . Since the City of Stillwater already has several utility funds and everybody receives a quarterly city utility bill, addition of a street lighting utility would be straight forward. In setting the rates for a street lighting utility, we would need to take into account the street light systems and the type of users. Similar to the storm water utility, rates could be based on a per unit basis for residential and a per acre basis for commercial, institutional, golf course and open space. Each of these categories would have a different rate. In addition commercial could be broken down into normal commercial and special district commercial. Special district commercial would consist of properties in the downtown district that benefit from the extensive lighting there as well as the marketplace area that has it's own street light system. The current budget for street lighting and traffic signals is $215,000. This includes $170,000 for electricity. In addition there is some general engineering and public works staff dedicated to managing our current system. If we set up a street lighting utility, it would also be beneficial to accumulate some capital for street lighting project upgrades. The proposed commercial special district has lighting that will need to be reconstructed as it wears out. Rather than assessing these costs, they could be charged to the street lighting utility. This would therefore justify the higher quarterly charges to the commercial special district. . Assuming we wish to capture enough revenue to cover all of the signs and lighting budget as well as cover staff time associated with lighting and the capital improvements, an annual revenue of about $300,000 appears to be an appropriate target. Staff has done some very rough calculations to determine approximately how much would be charged for the various user groups to achieve a $300,000 revenue. The following chart shows an approximate quarterly charge that could be implemented to achieve this level of funding. June 13, 2003 User Cate!!orv Quarterlv Fee Unit of Measurement Commercial $8 per unit $70 per acre $100 per acre $40 per acre $8 per acre $0 per acre . Residential (single family, apartments, condos) Commercial Special District Institutional Golf Course Open Space Using this formula each residential unit would pay about $32 a year. This would raise about $200,000. The commercial properties would pay based on the size of their property, the minimum being an Y2 acre unit which would yield $140-400 per year for the smallest commercial property. All categories excluding residential would generate roughly $100,000 a year. The exact level of revenue cannot be calculated unless we reprogram the AS400 finance computer. The high rates for institutional and commercial are justified because these areas serve as major destinations for large numbers of pedestrians and vehicular traffic. Also lighting systems tend to be centered around commercial areas or at comers where commercial properties are located. Golf course property has a fairly low rate but the two golf courses . own significant property. These rates also appear justified in that golf courses generate significant traffic. RECOMMENDATION Council should consider the above information and the political issues surrounding a new utility fee. If Council wishes to proceed with a street lighting utility for revenue generation Council will need to have a second reading and direct staff to prepare a fee schedule. ACTION REOUIRED If Council desires to proceed with a street lighting utility, Council should hold the second reading of the ordinance. . 2 f' /~ . . . MEMORANDUM June 13, 2003 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Water Board Appointment DISCUSSION: The term of James O'Brien expires on June 30,2003. Advertisement for the opening was placed in the Gazette and Courier. Mr. O'Brien has submitted the application for reappointment. ACTION REQUIRED: If Council wishes to reappoint Mr. O'Brien they should pass a motion adopting a resolution appointing Mr. O'Brien to the Water Board with his term expiring June 30, 2006. BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082-0242 Phone: 651-439-6231 . FAX: 651-439-4061 \.Ija~y ; /.l~ )()03 Kimble and City Council lJ641hStN I\/j'N i\f13yor itnd (~\ounciL ~ , ~ . . ,}'" term on the BO<lrd of \Vatcr Cornrnissioners expires on .1Uj1(e\( _ ;:c:n~ , . dJ - 'P' . . B d r;': nas expresse 115 WI! :lI1gne~;s to agam serve on tHe oar. .. '" I' . ' . - r 1\ 1 "'13 -, . (l,.-Sire OJ tnC5(Urd t(; :,SK lor,,; r. \J, flen s reappOll1tment, as a nH.T i,lWater ComrnisS;"l,ET;-;. Sincere:') U:,Jrf~ .Inn fVl",j<. ilJ!2hl r\.'lan~lYl~'r . . .,' I' Retum to City of Stillwater, 216 N. 4th St., Stillwater, MN 55082. t~ Address: Date: May 14, 2003 CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Name: James S O'Brien 509 Greeley St S Home Telephone: 439 - 214 6 2. 3. . 4. 5. 6. 7. 8. 4t Work Telephone: 439-2110 1. How long have you lived in Stillwater? ;?/ Yrs1:SO. Which Ward What Stillwater community activities have you been involved in? j?/hq KiA/(~ U/t//1;J / Free=-' C;;f/r.2(~./' /lc-.r/t/J //e 5. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. 8/45 Lv/rh M~TtP~ tjb~o Do you h~ a preferred Board/~ommission that you are ~nt~rested in serving on?, /..} . Yes 1/ No If yes, fill III name of Board/CommIssIon: /4/ .fTn:?/2 /5 (] J+-t"<. p Would you consider an altemate appointment? If yes, which one? NoV Yes Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). /' /l,wA/ tP Why do you wish to be on a board/commission? Cf/~//14 AIr /:.~y.j1~O) t:" N (. e Please describe any other relevant information you would like us to know. (,V1Hv7 .10 ~ ~/.l j / ~ c; r; j / ,.v7-J Ie /2..-.. . - _n.. _ _ ~ **** Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA . MEMORANDUM To: Mayor And City Council Shawn Sanders, Engineer ~~ From: Date: June 12,2003 Subject: Feasibility Report for North Hill Project (project 2000-15) DISCUSSION . The City was recently notified that a grant in the amount of $1.3 M for Browns Creek Improvements was approved in this years bonding bill at the Minnesota Legislature. This grant would be used to fund costs associated with the North Hill Improvement Project. This project would bring utilities (water, storm and sanitary sewer) and new streets to the North Hill area in Stillwater. A feasibility report for this project was presented and approved in the summer of2001, but staffwas asked to search for additional funding options, mainly from the State of Minnesota. Since Council did not order the project within the one-year timeframe established by state statute, the results of the first feasibility hearing became null and void. Staff would like to proceed with the improvements to the North Hill by preparing a feasibility report. This report would be an update of the previous study and consist of revising project costs and revising assessment rates. RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Report for water, sanitary sewer, storm sewer, and street improvements for the North Hill Project ACTION REOUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2003- , RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE NORTH HILL PROJECT(Project 2000-15). . . RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE NORTH HILL PROJECT PROJECT 2000.,.15 BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost ofthe improvement as recommended. Adopted by the Council this 17th day of June 2003. ATTEST: Diane F. Ward, City Clerk Jay L. Kimble, Mayor . . . . . <I" .f. . . 2002 Livable Communities D~ulonstrative Account Application Downtown Stillwater North Main Housing Infill and Pedestrian Connection Proj ect . .. . .... , , City of Stillwater July 15,2002 Livable Communities Demonstration Account Office Use . APPLICATION FORM 2002. ~ . f. e- Cover Sheet - Do NOT attach a page(s) or use any graphic images on top of this .. sheet (Onepage/imit) ", . Applicant: Downtown Stillwater North Main Housing' Inrill and Pedestrian Connection ProJect City of Stillwater Project Name: Location (city): Stlllwater Address (street boundaries): Main Street North Stlllwater MN 55082 Primary Project Contact: Steve Russell Person to contact with questions about the content of this application: Addm~ Phone Fax E-mail Steve Russell 1216 North Fourth Street. StllIwater MN 55082 651-4~0-88?1 1 65i-4~o-8Rl0 i sru'ss"ilira5.cfstillwater.mn.us Caosule Summary . State in no mor~ than 20 words the key objective of the proiect you are proposing. Link new downtown infill high density housing sites with employment opportunities, transit and riverfront park and cultural attractions. Proiect Summarv - - In no more than 100 words, summarize the project and its key components. Address what makes this proiect unique. _ The project includes three components; two privately developed and one public connecting co~po!lent. The ~private ~u. ,ll.ll-'~nen,t is Territo~al Place, ,a ~ed-use project p'rovi~inl! ~OOre~id:-~~1 units~ffice. .7' and retml space, mcludmg th~vattQIi of two bwldings on the National Relpster of Histone PlacSS/ _- The second private component, The Lofts, is a 60-unit condominium project reclaiming a polluted site. ~ The public component connects the new infillsites to the Downtown Historic District with attractive pedestrian trails and streetscape improvements. Elements of the public component include, L:...4Y4..Uve trails, railroad right of way purchase, streetscape improvements, plaza and ,transit hub/parking structure construction. . ' . . . . 1. Funding Request (Begin a new page, one-page limit) A Fill in the table below, listing specific project components, with itemized dollar amounts, that you will fund with an LCDA grant and total.requested amount. List components In order of priority. Component ~ LCDA Amount Requested 5150,000 ,... 5200,000 5200,000 , 1. Pedestrian trail corridorimprovements #1 .' 2. Prison site interpretive trial and staffins area #2 3. Main Street streetsC80e improvements #3 4. Railroad ri~t of way ourchase #4 $250,000 $250,000 5. Central Plaza Improvements #5 $1.0 million 6. Water Street parking/transit imorovements #6 I 52,050,000 Total Amount Requested: " . B. ButIFor Test: What could not be accomplished in the project but for receipt of an LCDA grant? How will funded component(s) be a catalyst? Limit 10 lines The crucial public elements (i.e. the public int... k'...Hve trails, transit hub, sidewalkimproveinents, central plaza and parking structure)would.not be constructed without the Grant. .Other sources of funds to assist with project costs include tax base revitalization or TIF Funds. The proposed project would be a catalyst to development of the housing sites but also augment and link the housing to downtown, job, transit and recreation opportunities. The Success of the private and public components will help spur further infill development on the north end of town, providing the diversity of land uses needed to sustain Stillwater as an independent, walkable historic small town. C. Timing: Describe any time constraints relating to funding sources or use of LCD A funding. Limit 10 lines The project would be constructed during the 2003-2004 construction seasons. The improvements would. be coordinated with adjacent housing developments at the Territorial Prison site and the Lofts site. Purchase of the railroad right'of way would allow for an enhanced pedestrian corridor between housing sites and the downtown. If LCDA funds are provided in two phases, the schedule would be extended by one year. . SOURCES AND USES Sources LCDA City Capital ffIF Anderson Foundation Lofts Qf Stillwater TOTAL: Uses Bard Costs: Interpretative Trail Pedestrian Trial Streetscape Improvements Railroad right of way yurchase Central Plaza Water Street Transit HubParkin:~ Total Hard Costs: Soft Costs: Interpretative Trail Pedestrian Trial Streetscape Improvements Railroad right of way yurchase Water Street Transit Hub/Parkin~ Total Soft Costs: OVERALL TOTAL '. Amount Statu" $2,050,000 Aoolied 7/15/02 . - $1,370,000 - - $250,000 - - $100,000 - - , . - - $3,770,000 Approval Anticipated by: 12-02 . 10-02 12-02 10-02 Amount Portion from LCDA Source Other Private Sources Other Public Sourcp.~ - . . --..- $ $ $ - - $150,000 $150,000100% $200,000 $200,000100% $200,000 $200,000100% $ $1 million $250,00025% $650,00065% $100,00010% - $500,000 $250,00050% $2501 $1.5 million $1.0 million 66% $500,OOn ,l3%J -. "l. $3~~50,OOO $2,050,000 $1,150,000 $15,000 0 $15. $20,000 0 $20. - $15,000 0 $15,000100% - 000.50% . $350,000 000100% 000100% $5,000 o $5,000100% $200,000 0 $200,000100% . , '. ~255.000 0 $220,000 ~,15.000 $2,805,000 $2,050,000 $1,370,000 $385,000 · Andersen Window Foundation . ~ · Memo Mayor and City Council Steve Russell, Community Development Director V June 11, 2003 Approval of Water Street Parking Facility, Plaza, Flood Wall and Trail Study Proposed Back~round. On May 6th staff was authorized to obtain a proposal for the Stillwater North Main Street Housing Infill and Pedestrian Connection Project. Since that date, planning and engineering staff have met with representatives from SEH to further define the scope of the study and to prepare a revised consultant services proposal (attached). To: From: Date: Subject: . Components of the study would examine the railroad trail from Laurel to Nelson. The Main Street Plaza and connection to Lowell Park parking and a structure/flood wall as a part of the parking structure. Extensive community participation would be a part of the study. A series of meetings with design professionals, city committees and commissions, downtown business representatives and city residents will all have an opportunity for input and comment on the plans. The result of the study would be a concept plan, including landscape, site plan and elevation drawing of design concept(s) from visually prominent locations. The plans will be coordinated with the Lowell Park plan, Levee Project Corp Phase III and plans for the Lofts and Terra Springs project. TIF funds will be used to pay for the study. Recommendation: Approval of letter agreement (resolution) Attachment: Letter scope of services agreement, staff report 5/6/03 . "'SeJ .. 3535 Vadnais Center Drive, S1. Paul, MN 55110-5196 architecture engineering 651.490.2000 environmental 651.490.2150 FAX transportation June 9, 2003 RE: Stillwater, Minnesota Water Street Parking Facility, Plaza, Flood Wall, and Trail SEH No. P-STILL0301.00 . Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Russell: Weare pleased to assist you in further evaluating your concept plan for the Water Street parking facility and the trail through downtown on the old railroad corridor. The two level parking facility would include a connecting plaza along the Commercial Street alignment between Main Street and Lowell Park, and incorporate the proposed flood wall system integral with the parking structure. Concepts will also be explored for multi-level parking north of the Lumber Baron's Hotel and at 2nd and Commercial Streets. The trail study will develop a comprehensive plan for the railroad corridor from Nelson Street to the site of the Lofts development. The scope of services for the Water Street parking facility will include establishing the alignment of the floodwall and levee to provide 100-year flood protection from Chestnut Street to the location of the proposed Lofts development project on North Main Street. The alignment will incorporate the parking facility and provide for access at the plaza, Mulberry Street, and along a trail proposed in the current railroad corridor. Jeff Johnson will have a significant role in this portion of the project. His experience in many flood control projects for the Corps of Engineers and his work in the Lowell Park projects will be an asset to this project. The second task is to develop the fOvtp.;nt and height of the parking facility to accommodate the maximum number of autos while providing space for the plaza and traffic on Water Street. Greg Finstad's past experience with parking ramps and traffic circulation will be instrumental in this phase. Greg recently joined our staff after 33 years of planning and managing parking facilities with the City of Minneapolis. . An important and integral part of this project is to provide a connecting link between Main Street and the river. Mark Salzman of our staff has previous experience in the earlier development of the Comprehensive Plan for Lowell Park and in his architectural work on the Lowell Park riverfront walk. Mark will further develop the plan for the connecting plaza and provide not only plan layout drawings, but also line-of-sight sections and perspectives to explore the views toward the river from Main Street and the plaza and from the river toward the parking facility. Planning meetings will be held to gather input and convey concepts with a primary focus on the Water Street parking facility and connecting plaza. It is envisioned to include the following four meetings. 1. Design Professional - Local and interested architects and planners by invite to a brainstonTIing dinner meeting to bring out ideas and concepts. . Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer . . . .' Mr. Steve Russell June 9, 2003 Page 2 #. 2. City Staff and Commissions - Further develop concepts with City Planning and Engineering staff and Commissions, such as the Parks, Planning, and HPC. 3. Business Owners and Chamber - Present and solicit input on the concepts. 4. Public - Present the concepts development for public comment. We will work closely with you and your staff as the project progresses. It is anticipated that the City will provide information on the earlier layouts and development plans, along with the most recent aerial photography and contour drawings for use as base maps. We consider this project to be a dynamic process as we develop options with you. Additional layout alternatives may develop as the project progresses warranting that more drawings and perspectives are created. With tl>js in mind, it is proposed that specific project scope, fee, and schedule be left open as the work progresses. For your budgeting purposes and with our current expectations of the scope of work, we estimate that the fee for our services to be $50,000.00, and that as an objective, a completion date in early fall be used. Keep in mind, this scope and resulting fee and schedule may be reduced or expanded as we work to develop options and graphics to meet your needs. After your review and consideration, please acknowledge acceptance of our proposal by signing and returning the enclosed copy. Sincerely, SH)ryT ELUiTT HENDRICKSQN INC.. . --rf c. ~J - "- Jeff A. Johnson, PE Principal/Project Manager tlo Enclosure t:\spadIusersllort\mnlJlstructural\johnsoolrosseII0609.doc Accepted this day of ,2003. City of Stillwater, Minnesota By: Title: '- Memo I. ./. . To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director /Z- May 1, 2003 Design Plan for Downtown Stillwater North Main Street Housing Infill and Pedestrian Connection Project Purpose: Request authorization to obtain design services proposal for preparation of plans and feasibility information for Downtown Stillwater North Main Street Housing Infill and Pedestrian J Connection Project. Background: For the past two years, staffhas worked with the developers of the Territorial Prison Site, Lofts of Stillwater site, and representatives of the Burlington Northern Railroad on development of the housing infill sites and purchase of the remaining railroad right of way . Atthis time~ the Lofts pr.' is scheduled to begin construction in July, the Terra Springs site work and residential developments i ' scheduled for construction this Summer and Fall and the railroad right of way is being purchased. Attached to this memo is the design concept for the Stillwater North Main Street Housing Infill and Ped\j,:)~~an Connection Project. Last year, the city applied for a Livable Communities Grant fiv.l.u the Met council for $2 million to assist with project construction (summary application attached). In order to proceed with the design development of the pedestrian trail, Main Street Plaza, Lowell Park connection and Levee WalllParking structure, additional design development and feasability analysis is necessary. (This Master Plan approach was used with Lowell Park and Levee Wa111mprovements.) With the plans, the city isina position tocoordiriate adjacent and related development such as the Loft project or levee flood wall construction with the design development master plan. It is estimated that such a plan would cost approximately $50,000 and can be funded with 1.lJ:' District 10 proceeds. The master plan would be completed in time to supplement this years Met Council Livable Communities application. . With this approval, staff would obtain a proposal for the design development/feasability work and return to the Council for fmal funding approval. Recommendation: Authorization to obtain proposal for Stillwater North Main Street Housing Infill . and Pedestrian Connection Project. ....'. MEMORANDUM . To: Mayor And City Council From: Shawn Sanders, Engineer S~ Date: June 12, 2003 Subject: McKusick Ravine Stairs DISCUSSION As part of the improvements to the McKusick Ravine, it is proposed to install concrete stairs on the south end of the trail to connect up to Mulberry Street. Along with the stairs, a hand railing will be installed. We received two quotes each for the stairs and the hand railing with the low bidder for the stairs being Bailey Construction at $25,250.00 and Jay Brothers, Inc at $12,800.00 for the hand railing. RECOMMENDATION . It is recommended that Bailey Construction and Jay Brothers, Inc be approved to do the work to install concrete stairs and hand railing in the McKusick Ravine for the prices of $25,500.00 and $12,800.00, respectively. ACTION REOUIRED If Council concurs with the recommendation, they should pass resolution approving Bailey Construction and Jay Brothers, Inc install the concrete stairs and hand railing in the McKusick Ravine. . ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR THE INSTALLATION OF STAIRS AND HAND RAILING FOR THE MCKUSICK RAVINE WHEREAS, a proposal for the installation of stairs and a hand railing 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 a contract in the name of the City of Stillwater with Bailey Construction for the stairs and Jay Brothers for the hand railing. Adopted by the City Council this 17th day of June 2003. Jay L Kimble, Mayor Attest: Diane F . Ward, City Clerk <,. ~ . . . I.., ' . . . I3tU.ky 6/L-5>~^- Item Risers 4" Landing 48"*8" Footing ,city of Stillwater Mulberry St. Steps . 2003 Unit qTV Price , "' -. " i' $__ 350 co ;., <?S?-,. . ~ s " ';~ ;;,oCR rr -:. _l~ .... , '/ $ ;)0-0 EA 60 . J16-"" 5: f 175 J.6- Q), 16 p. 1 Total $ ~I ()O~ 0-0 $ /0$0 $ 1i!aO{!) Grand Tota' $ ~5 f20 () I. kJe/ . J tJf'e +:,v .. /l..Atit^-. yv1 ./ IAL J-. /'t- -Co1-'t; 5 fy td"" 'II 'j2 /1 . ~.. ~~I(6 C ~Jr- 06/04/2003 WED 05:49 FAX :.Iu;, ... D. .r.&. ...:lOOOJ,. D CIlY CF STILLWATER City of Stillwater Mulberry Sl Steps 2003 ~.~.~~t..:~~~~-:~;:;: {;.~~~.... ~ fl;rOS.. iI,.... ,Il!m ,Unit Q1I Prfea. .R:.. ~ ~~ EA eo L ~,,~t? 4w Landing ~S, 175 . .3/,00 4tr"8" Footing .... Ell 16 $ 3S"i:J,"J1 Grand Total $ Be r /'"-;'" Furnish & Install 160 li~ ft of 2 rail railing -painted .. .- . /-' Add for galvanize finn1sh III 002/002 PAGE: 83 Total .. :lYb'tP/OO f .:: (, 7S"IO O. f s: '~t!'~, DO .1~. ,3JSs Os.. $ I --? If fJO.. .,. $ I .:1 Sf). - Pipe rail to be 1i~r\lpipe rail. kw1k bo.lted to the side of the steps. #~ t. -3- 03 y;,h/ .skp.s j ~, Nkt .i?~ ,. I I (;($1..,.. ~,' J 'kl-I s /e,1'.s II '/(,/ /3S; ()O IJ t{~ $'/5,. CJ(> . . . ,c .' r -, City of Stillwater 216 North Fourth st.~~t;. Stillwater, MN 55082 Attn: Tim Moore L .J Project: West Mul verry Street Railings - tTeliminary Proposal Stillwater, MN Architect: . In accordance with the plans and specifications of the project referred to above we are pleased to quote on the following materials indicated:.....................................~.:............$' see Below' , Sal~s or Use Tax: Included (6!%) , Net 30 Days, Freight allowe:t to: Job Site No Retainage' Addenda considered: None Bid not valid after 30 days, Alternates considered: None Field Mea~urements: Includad Erection: Included SPECIFCATIONS: We t'......'t^-'se to furnish and install railings at West Mulberry Street as follows,: -4-~....:.d.mately 220 lineal feet of raili~ -Fabricat~ of H" standard schedule 40 pipe (1 7/8" o.d.> -Railing will have (2) horizontal rails and posts , -The railings will have plate ;" x 6" x 8" welded to the sides for .( 4) , kwik bolt attachment to the side of the concrete steps -The railings will be sandblasted; prime painted and finish painted with ' an enamel paint with the color to be chosen from the standard 'colors " available ' Our quote is $88.00 per lineal foot of railing ~ on 220 lineal feet, ' , furnished for a total of $19,360.00 incl1.di.ng sales tax, field measure........Ls, painting and installation. This is a preliminary 1I"..."'t'....sal. Please contact 11$ if you have any questions. Thank you! By .atf~ By NORTHSIDE WELDING & REPAIR, LtC Lb'-~) '-~.~~~ Diania Sel1~ May 16, 2003 Date Accepted: CERTIFIED AS A SMALL AND WOMAN-OWNED BUSINESS ENTERPRISE At.'JD 1'ARGETD BUSINESS ,GROUP 1475 91st Avenue N.E.. Blaine. MN 55449 · 763 -784 - 2270. Fax 763 -784.2747 L Od ~o~~ ~~E:L E0~-0~-9 I .. .... . MEMORANDUM To: Mayor And City Council Shawn Sanders, Engiheer ~. From: Date: June 12,2003 Subject: Pedestrian Crosswalk Striping DISCUSSION Each year the City paints the crosswalks in the City. We received two quotes with the low bidder being Stripe-A Lot with a bid of$12,438.78. This cost is paid for through contractor services. RECOMMENDATION: It is recommended that Stripe-A-Lot be awarded the contract to paint crosswalks in the City of Stillwater with a bid of$12,438. . ACTION REOUIRED If Council concurs with the recommendation, they should pass a resolution approving Stripe-A-Lot to paint crosswalks within the City. . ""' \ . . ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR THE PEDESTRIAN CROSSWALK STRIPING WHEREAS, a proposal for the striping of crosswalks 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 a contract with Stripe-A lot, in the name of the City of Stillwater for the painting of crosswalks. Adopted by the City Council this 17th day of June 2003. Jay L. Kimble, Mayor . Attest: Diane F. Ward, City Clerk . - -... f . . . Item # 1 2 3 I / /// City Of Stillwater Crosswalk Repainting _ Summer 200r3 . ~ riP~ -,4- L.o Descriotion lined Crosswalks .Blocked Crosswalks '. Turn Arrows' Unit. LF SF Number Amount 2205.7 8265.31 .17 Grand Total Unit Price .Cf5 J, :). b L~~ $ Total Price ;:;><) q ~ !11- 'Qtllq V .... 'If;).. <'"" ./.~ '1$~'~ / rJovlhe.w- --r;afh'~ Item # 1 2 3. City Of Stillwater Crosswalk Repainting Summer 2003 ~ . ~ . h Descriotion Lined Crosswalks Blocked Crosswalks :. Turn Arrows Unit .~ LF . SF.. . . 'Number Amount 2205.7 8265.31 ..17 . Unit Price Total Price g- ..... ~ 75 _ .l6...:5"V I 2- 2...~e~r~~t>l66.3~ zy . ~r"'" I . Z 76' 00.0" . ~ . .. .......}..... .,~ $ '2-S~0~2~~6 Grand Total i5~o~ ...... \ . . . . . . MEMORANDUM June 17, 2003 TO: FROM: Mayor and City Council Larry Hansen, City Administrator SUBJECT: Outside Sales DISCUSSION: A request from Jerry and Mary Mechelke for outside sales of fireworks on private property at the Lumber Baron's has been received. Typically, this kind of request would go through the Planning Commission for a Special Use Permit with a fee of $500 (similar to Linder's Green House in the River Plaza and Cub Food's outside sales in their parking lot - zoning regulates this type of request on private property), however due to a misunderstanding Mr. and Mrs. Mechelke were not informed of the process. Because they have missed the Planning Commission's June meeting and have already purchased their inventory based on the information they received, this request is coming before Council tonight. Staff has contacted the applicant regarding the misunderstanding and they have agreed to pay the fee. Staff also informed the applicant of the normal process through the Planning Commission so that next year if they wish to have outside sales they will be going through the Planning Commission for a Special Use Permit. RECOMMENDATION: Staff recommends approval of the Special Use Permit for outside sales at the Lumber Barons, from June 20 to July 4, 7:00 a.m. to 11 :00 p.m. . . . Ve llorandum To: From: Date: Subject: Mayor and City Council Diane Ward, City Clerk 6/16/2003 Transfer of Wine with Strong Beer Liquor License - Amy's at Brunswick to Jeffrey Mark Dahl, DBA Chives An application for a transfer of an Wine with Strong Beer Liquor License from Amy's at Brunswick to Jeffrey Mark Dahl, DBA Chives, 114 E. Chestnut has been received. Approval should be contingent upon successful closing of the property, filing all required documentation and final approval by Police, Fire, Finance, Inspection Departments and Minnesota Liquor Control. I have been working with Mr. Dahl before the investigation fee for Wine was approved by Council on June 3 and his application forms did not include that fee. would request that Mr. Dahl's investigation fee be waived. ACTION REQUIRED: If approved, Council should adopt Resolution No. 2003- APPROVING TRANSFER OF WINE WITH STRONG BEER UQUOR UCENSE - AMY'S AT BRUNSWICK TO JEFFREY MARK DAHL, DBA CHIVES . APPROVING TRANSFER OF WINE WITH STRONG BEER LIQUOR LICENSE - AMY'S AT BRUNSWICK TO JEFFREY MARK DAHL, DBA CHIVES WHEREAS, a request for transfer of ownership of the Wine with Strong Beer liquor license from Amy's at Brunswick to Jeffrey Mark Dahl, DBA Chives, 114 E. Chestnut, Stillwater has been received; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer 0 f On-sale and Sunday liquor license conditioned upon filing all required documentation, approval by Police, Fire, Inspection, Finance Departments, and Minnesota Liquor Control. Adopted by Council this 1 ih day of June 2003. Jay L. Kimble, Mayor . ATTEST: Diane F. Ward, City Clerk . ~ 'f . . '. MEMORANDUM June 11, 2003 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: 2:00 a.m. bar closing DISCUSSION: Attached you will find information relating to the 2:00 a.m. bar closing. Cities who wish to opt out of the 2:00 a.m. closing will have to modify/affirm their ordinances to reflect specific closing times. Most cities that go along with the 2:00 a.m. closing need to modify their ordinance to state "Sales of intoxicating liquor in the city as to hours and days of sale shall be governed by the provisions of Minn. Stat. ~ 340A.504." The City of Stillwater's Liquor Ordinance, Section 43-74, Subd. 1, Hours and days of sale, already contains that statement and since it does the 2:00 a.m. closing will happen by State law without a change to that section. However, Section 43-74, Subdivision 2, the Sunday Sales Section, provides a closing time of 1 :00 a.m. Monday and requires a seating capacity of 25 rather than 30 that is stated in the new statute. If we want 2:00 a.m. on Sunday we need to change this section. (see attached). As with all the liquor rules, the City can be more restrictive and the Council could change our ordinance to state a closing time of 1 :00 a.m. if they see fit. St. Cloud for instance, has never adopted the 1 :00 a.m. closing and all their liquor establishments still close at 12:00 a.m. If Council should approve the 2:00 a.m. closing, interested establishments will have to complete the attached form and have it presented to Council for approval prior to it being submitted to the State. What this means is that even though there is an effective date for the statute, it does not mean that beginning July 1 liquor establishments can remain open until 2:00 a.m., Council and State approval will be necessary prior to remaining open until 2:00 a.m. Along with this process, I will be required to certify all liquor licenses to the State whether there is a 2:00 a.m. closing request or not. The original effective date was August 1 and an amendment for July 1 was added to the bill that was passed which did not allow a great deal of time to find out exactly what the new bill stated and to accomplish a process in time for July 1. ~ , Another concern relating to this bill is the police costs for the 2:00 a.m. closing. The state will receive $200 - $600 for each establishment who wishes to . remain open until 2:00 a.m., the City receives none of this fee, but yet our police department will provide the law enforcement. Staff is investigating the possibility of adding a City fee to each establishment who wishes to remain open until 2:00 a.m. to help offset police costs (see attached email response from League of Minnesota Cities). Unfortunately Police Chief Dauffenbach will not be available for this discussion to provide detailed information on the impact on the police department. I would request that any decision on the 2:00 a.m. closing or fee consideration be given when Chief Dauffenbach is available to discuss the impact. Should Council table the issue to the next meeting I would still send the form to the liquor establishments which would give a better idea how many establishments are interested in the 2:00 a.m. closing (so far I have had two inquiries). As of this date, there are other cities that are delaying the decision for various reasons and the State has not received any applications for the 2:00 a.m. closing (see attached KARE11 article). ACTION REQUIRED: Discuss the 2:00 a.m. bar closing issue or table until the next meeting when Chief Dauffenbach is available to provide the impacts to the Police Department. . If Council wishes to continue the 1 :00 a.m. closing a 1 st reading of an ordinance amending Section 43-74,Subd. 1 to specifically state closing hours and removing Section 43-74,Sudb 2 from the ordinance would be necessary. If Council wishes to go with the 2:00 a.m. closing a first reading of an ordinance removing Section 43-74, Sudb 2 would be necessary. . .... Page 1 of2 ,,/ Diane Ward From: Ehlert, Mike [MEhlert@LMNC.ORG] Friday, June 13, 2003 8:37 AM Diane Ward At: ~ Subject: RE: Fees Diane, This is a really good question, but I'm not sure I have a really good answer for you at this time. There are several factors to consider, not the least of which are the statutory caps on license fees for certain licenses. M.S. 340A.408 sets these maximum amounts. Here's a link to the statute: httD://www.revisor.lea.state.mn.us/stats/340A/408.htmI.My understanding is that these amounts include all administrative costs involved with licensing, which seems to include police coverage and processing. However, some maximum amounts are not set, such as for annual on-sale intoxicating licenses (other than club licenses) and annual 3.2% beer licenses. The city sets this fee and there might be more room to adjust the amount due to increased cost. I've been in contact with Jenn O'Rourke, Intergovernmental Relations Representative for whom liquor is one of her specialty areas on which she lobbies. She has had this question asked of her recently is currently working with two of the League's attomeys to find an answer. She promised to contact me when they've pulled something together. I will forward to you any information that I find out. The League of Minnesota Cities is providing this material for informational purposes. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Consult your city attorney for advice concerning specific situations. Sincerely, ael Ehlert Research Assistant -----Original Messagem-- From: Diane Ward [mailto:dward@ci.stillwater.mn.us) Sent: Wednesday, June 11, 2003 10:25 AM To: mehlert@lmnc.org Subject: Fees Hello Mike: Question: Can Cities add an additional fee for the 2:00 a.m. bar closing - to cover the processing of application and additional law enforcement for that hour? This email has been scanned for all viruses by the MessageLabs Email Security System. For more information on a proactive email security service working around the clock, around the globe, visit htto://www.messaaelabs.com . This email has been scanned for all viruses by the MessageLabs Email Security System. For more information on a proactive email security 6/13/2003 DATE Page l",of 1 MIN~~'~Q""'Ai DE PAiR.....MEN..... OE, PU BL..IC SAEEff"'V' \. . DATE: July, 2003 TO: ALCOHOL BEVERAGE INDUSTRY AND LICENSING AUTHORITIES FROM: FRANK BALL, DIRECTOR SUBJECT: 2 A. M. CLOSING LAW, 2003 LEGISLATIVE SESSION (Link to Application Below) The 2003 Minnesota Legislative Session passed legislation to allow for the sale of alcoholic beverages on the liquor licensed premises until 2:00 AM. on all days of the week effective July 1, 2003. Licensees will need to apply for a special 2:00 AM. license from the Alcohol and Gambling Enforcement Division (AGED) and pay a fee based on their previous annual 12 months of liquor receipts. 3.2% malt beverage licensees, set up licensees, and licenses who have not sold alcoholic beverages for the past 12 months prior to application for the 2:00 AM. license, will pay a flat $200 fee. The 2:00 AM. special license will run 12 months from the date of approval by the Alcohol and Gambling Enforcement Division. In addition, the new 2:00 AM. legislation provides that local licensing authorities, (cities and counties) must inform (certify) to the commissioner (AGED) within 10 days of the issuance of all 3.2% beer licenses. Cities have for many years already been required to fulfill this certification requirement for all on sale and Sunday intoxicating liquor licenses. Now all 3.2% liquor licenses issued by cities or counties will also need to be certified to the Commissioner. This licensing authority certification is necessary whetha not a licensee is applying for the 2:00 AM. Special License. The commissioner provides the form upon request for this certi I n as described below. The application for the Optional 2 AM. Special Closing License and the Certification of an On sale Intoxicating Liquor and Sunday License, as well as, the 3.2% Malt Beverage License Certification is all on one convenient form, Form No. 9011-2AM. This form replaces the old PS 9011 form, the On Sale and/or Sunday Certification form previously used by cities to inform the Commissioner of the issuance of their on sale intoxicating liquor licenses. The top part of the new form, 9011-2 AM, contains all of the licensee certification information, and the bottom section contains a separate section for the Optional 2:00 AM. license, signature requirements by cities and counties and licensee signatures. The entire form must be filled out completely and signed by the local licensing authority and the licensee in order to qualify for the 2:00 AM. Special License. The check for the Optional 2:00 AM. Special License is made payable to the Alcohol and Gambling Enforcement Division (AGED) in the amount indicated on the fee schedule in the 2 AM. section of the form. Licensees making application for the Optional 2 AM. Special License should verify with their local licensing officials that local ordinances allow for the sale of alcoholic beverages until 2 A M. The completed 9011-2AM along with the check for the 2:00 AM. license is sent to the Alcohol and Gambling Enforcement, 444 Cedar Street, Suite 133, St. Paul, MN 55101 The new Certification of Liquor License or Application for Optional 2:00 AM. Closing Application Form 9011-2AM follows this memo. If you would like to request the form by mail or fax or if you have any questions regarding the Optional 2:00 AM. Special Liquor License or the requirements for On Sale Certification or the new 3.2% malt beverage license certification process, please call the Alcohol and Gambling Enforcement Division (AGED) at 651-296-6979. Click here for Annlication . http://www.dps.state.mn.us/alcgambl2am%20cIosing%20memo.htm 6/12/2003 .. Minnesota Department of Public Safety (form 901 ]-2AM) ALCOHOL AND GAMBLING ENFORCEMENT DIVISION (AGED) (7103) 444 Cedar Street, Suite 133, St. Paul, MN 5101-5133 Telephone 651-296-6979 Fax 651-297-5259 TTY 651-'282-6555 . CERTIFICATION OF LIQUOR LICENSE OR APPLICATION FOR OPTIONAL 2 A.M. CLOSING LICENSE Licensees: Effective July], 2003, complete this form to apply for optional 2 A.M. closing license and make check payable to AGED for he amount indicated below under 2 A.M. Section. Note: New Intoxicating Liquor Licensees must also purchase a $20 buyers card before establishments will be approved by AGED to receive liquor shipments from wholesalers. Make check payable to: AGED Cities and/or Counties: You are required to submit this signed form to certify the issuance of all city issued on sale intoxicating liquor and! or Sunday liquor licenses, and 3.2% malt liquor licenses. City/County must also sign this fonn for 2 A.M. closing license applicants. Name of City or County Issuing License License type: (check all that apply) On Sale IntoxicatingD 3.2% Malt BeverageD Sunday LiquorD 2 A.M. Option 0 (On sale License fee $ ) (3.2% License Fee $ ) (Sunday License Fee $ ) New License 0 License Transfer 0 Licensee Name: (Former Licensee Name) DOB Suspension/Revocation/Cancel 0 Social Security # (Give Dates) (corporation, partnership, LLC, or Individual) Trade Name Zip Code Business Phone Business Address County Home Address Home Phone City Licensee's MN Tax ID (To apply for number called 651 -296-61 81) Ilensee is a corporation, partnership, or LLC, complete the following for each partner/officer: Partner/Officer Name (First Middle Last) DOB Social Security# Address Partner/Officer Name (First Middle Last) DOB Social Security# Address Partner/Officer Name (First Middle Last) DOB Social Security# Address Intoxicatinl! Liauor Licensees must attach a certificate of Liauor Liabilitv Insurance to this form. (Does not apply if only applying for Optional 2 AM license) The Insurance Certificate must contain all of the following: 1. Show the exact Licensee name (corporation, partnership, LLC etc.) and business address as shown on the license. 2. Cover completely the license period set by the city/county as shown on the license. DYes 0 No During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law. Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Co. Name Policy # ,Licensee's aDDlvinl! for ODtional 2 AM c1osinl! license. comDlete the followinl! steDs: ]. out the above application completely and check 2 AM box above for license type. 2. Report your previous 12 months total intoxicating liquor receipts by checking one of the following: o Up to $]00,000 in gross annual receipts for intoxicating liquor - $200 2 AM license fee DOver $] 00,000 but not over $500,000 in gross annual receipts for intoxicating liquor - $500 2 AM license fee DOver $500,000 in gross annual receipts for intoxicating liquor license - $600 2 AM license fee '. 03.2 % Malt Liquor licensees or Set Up License Holders - $200 2 AM license fee o Did not sell intoxicating liquor for a full ] 2 months prior to this application - $200 2 AM license fee . 3. Does your liquor license issuing city/county/township allow the sale of alcoholic beverages until 2 AM? 0 Yes 0 No 4. Make check payable to: Alcohol and Gambling Enforcement Division (AGED) for the amount indicated above that you have checked. Mail check and this completed and signed certification/application form to the address above. ] certifY that this licensees) has been approved in an official meeting by the governing body of the city/county and/or the city/county approves the sale of alcoholic beverages until 2 AM. City Clerk/County Auditor Signature Date Licensee Signature Date (I certifY that to the best of my knowledge I have answered the above questions truthfully and correctly.) . . kar~ II.com : Minneapolis, St. Paul . Search News i Morning Shows I Recipes ~ Health Extras j A Whole New You ! Community Citizen Connection Explore M N Travel Tips .ome Resources 1 KARE About Kids ] Career Center ~ The Rake i Personalities ! Programming I Newcomers :FAQ ~ Contact Us , Search . mail Alerts Several Minnesota Towns Decline Chance to Extend Bar Closing Time Last call will stay at 1 a.m. in several Minnesota towns at least for a while, even though a new state law gives them the option to extend it to 2 a.m. Cities such as St. Paul and St. Cloud are delaying changing their bar hours until at least late July. Even in Minneapolis, where Mayor R.T. Rybak was a prominent advocate of the 2 a.m. close, gathering neighborhood opposition could block it everywhere but downtown. "We're going to opt out" of the 2 a.m. close, Cass County Administrator Bob Yochum said Tuesday. "Our sheriff says 1 a.m.'s enough. We've already got one of the highest rates of alcohol-related fatalities in Greater Minnesota." And in Ormsby, all three bars in the town of 152 straddling Martin and Watonwan counties near the Iowa border will voluntarily keep closing by 1 a.m., Mayor Nick Hager said. The story is much the same in neighboring towns, he added. "But if one bar does it, will everybody from the surrounding towns go there?" he wondered. "Or will it cause problems for that town?" Minnesota's first major change in bar hours since 1949 has sparked controversy ever since it was approved last month. More than 10,000 establishments could be eligible, but as of Tuesday state alcohol-control officials hadn't received any applications. Forms went out only last week, said Marlene Kjelsberg of the state Alcohol and Gambling Enforcement Division. They must be returned with the fee and the signature of a local licensing official, she said. In many jurisdictions whose liquor laws simply mirror state statute, no formal local government action will be needed to allow bars an extra hour of business, Kjelsberg said. But where local ordinances specify closing times -- typically in urban centers -- city councils or county boards must act to take advantage of the new state law. In St. Paul, where Mayor Randy Kelly also lobbied for the 2 a.m. close, procedural rules will delay a change until about Aug. 1 at the earliest, said City Council Member Jim Reiter. That means the city's 191 bars will keep closing by 1 a.m. at least until then. A public hearing on Reiter's proposed ordinance change will be held June 25. The St. Cloud City Council decided Monday to suspend judgment on a new closing time for the 54 bars in that city until after a July 29 meeting with officials of nearby jurisdictions. http://www.karell.comlnews/news-article.asp?NEWS _ID=48096 Page 1 of2 Currently Cloudy 650F Minneapolis. St. Paul 4:39:59 PM ART Free Car Seat Checks . Win a Nurserv! . Casey Jones eCard . Luxurv Home Tour . Casey Jones Soecial . Salute Our Trooos . MN Bike Festival . Twins Rookie Leaque . Care to Volunteer! . Paoa Johns Scholars . Amber Alert . A Historv of KARE . The SuoerBus . WeatherGuide 6111/2003 kare Il.com : Minneapolis, St. Paul "They don't want to do anything until they've discussed it with others," said City Attorney Jan Petersen. St. Cloud is already an example of a local option when it comes to liquor rules. The state extended the Sunday night bar closing time to 1 a.m. in the late 1980s, but St. Cloud has kept it at midnight to this day. Minneapolis City Council Member Lisa Goodman is pushing for quick authorization for a 2 a.m. close for all 472 bars citywide. But Council Member Paul Zerby wants to go slower, at least for some of the quieter neighborhoods he represents surrounding the University of Minnesota campus. A later last call for only downtown could get unanimous council support, he said Tuesday. "But once you've moved beyond downtown, let's be more careful," he said. Goodman opposes what she calls a "patchwork effect" of differing closing times. "I don't think the legislative intent was to pick and choose," she said. "All we'll have is people getting in their cars at 10 minutes to 1. How does that help the drunken-driving problem?" That's not a major concern in Cass County, however, Yochum said. "Eight other counties touch us," he said. "There's no way around border issues." (Copyright 2003 by The Associated Press. All Rights Reserved.) Last Updated - 6/11/2003 10:06:05 AM Email This Storv to a Friend D Get news delivered on a post-iteR) Software Note Some Other Sites... Terms and Conditions of Us~ Questions, comments or suggestions? Contact Us @1998-2003 KARE 11. All rights reserved. KARE-ll is a division of Multimedia Holdings Corporation http://www.karell.comlnews/news-artic1e.asp?NEWS _ID=48096 Page 2 0[2 '. . c). .e>>NEII 6/11/2003 ,> S 43-69 STILLWATER CODE . Subd, 3. No license shall be granted to any person, for any place or for any business ineligible for such a license under state law. Subd. 4. No license shall be granted for any business which is located in an area prohibiting such location by state law or which principal building is within 500 feet of a principal school building or a principal church building. Subd. 5. An off-sale intoxicating liquor license may not be issued to a place where 3.2 percent malt liquor is sold for consumption on the pre- mises. This prohibition does not apply to those places where both an on-sale and off-sale license or a combination license have been issued under Minn. Stat. ~ 340A.406. State law references--General eligibility requirements for licenses, Minn, Stat. SS 340A.402, 340A.412; eligibility requirements for on-sale licenses, Minn. Stat. S 340A.404; eligibility for off-sale licenses, Minn, Stat. S 340AA05; restric- tions on location, etc., Minn. Stat. S 340A.412; Sunday sales licenses, Minn. Stat. S 340A.504, subd. 5. Sec. 43-70. On-sale licenses. . Subd. 1. An on-sale intoxicating liquor license may be issued to the following establishments: (1) Hotels; (2) Restaurants, as defined by Minn. Stat. ~ 340A.101, subd. 25, having a minimum seating capacity of 25 guests; (3) Clubs or congressionally chartered veter- ans' organizations with the approval of the state commissioner, provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; (4) Exclusive liquor stores; and (5) Bowling centers. Subd. 2. An on-sale wine license may be issued with the approval of the state commissioner to a restaurant having facilities for seating at least 25 guests at a time. (Ord. No. 867, ~ I, 12-1-98) State law rd",. ",_ces-On-sale intoxicating liquor li- cense, Minn. Stat. S 340A.404, subd. 1; on-sale wine license, einn. Stat. S 340AA04, subd. 5. Supp. No, 9 Sec. 43-71. Off-sale licenses. An off-sale intoxicating liquor license may be issued to an exclusive liquor store or to a drug- store with the approval of the state commissioner. State law reference--Off-sale license to exclusive liquor store or drugstore, Minn. Stat. S 340A.405, subd. 1. Sec. 43-72. Fees. The fee for on-sale, off-sale or Sunday sales liquor license or for on-sale wine license shall be as set by the city council by resolution. The licenses shall be for one year from January 1 through December 31. State law reference--Maximum fees permitted, Minn. Stat. S 340AA08. Sec. 43-73. Action on application. The city council shall investigate the applicant and the representations set forth in the applica- tion. Any person who wants to be heard either for or against the license shall be heard ata special or general meeting of the city council. Notice of the public hearing containing date and time of the hearing to consider a new liquor license shall be published at least ten days prior to the date ofthe hearing. The city council shall either approve or reject. the application. If approved, the city clerk shall issue the license, providing the fee has been paid and the license approved by the state commis- sioner when applicable. No license shall be trans- ferable by the licensee or to other premises that described in the original application. (Ord. No. 903, ~ 2, 11-7-00) State law reference--License restrictions and require- ments, Minn. Stat. S 340A.412. Sec. 43-74. Hours and days of sale. Subd. 1. Sales of intoxicating liquor in the city as to hours and days of sale shall be governed by the provisions of Minn. Stat. ~ 340A.504. Subd. 2. A restaurant, bowling center, club or hotel as defined in state law which has facilities for serving not less than 25 guests at one time and which has an on-sale intoxicating liquor license for consumption on the premises may serve intox- icating liquors in conjunction with the serving of food at tables between the hours of 10:00 a.m. on CD43:10 Sundays and 1:00 a.m. on Mondays, provided that such establishment obtains a Sunday sales li- cense and complies with the Minnesota Clean Air Act, Minn. Stat. ~ 144.411 et seq. A certificate of such compliance must be filed with the city clerk prior to the commencement of sales by such licensees as permitted by this subsection. (Ord. No. 867, ~ I, 12-1-98) State law reference-Hours and days of sale, Minn. Stat. ~ 340A.504. Sees. 43-75-43-105. Reserved. ARTICLE III. 3.2 PERCENT MALT LIQUOR* DIVISION L GENERALLY Sees. 43-106-43-125. Reserved. DIVISION 2. LICENSEt Sec. 43-126. Required. Subd. 1. No person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale or otherwise dispose of 3.2 percent malt liquor as part of a commercial transaction with- out having obtained a license issued by the city council. Subd. 2. Any person licensed under this chap- ter to sell intoxicating liquor at on-sale or off-sale shall not be required to obtain an on-sale or off-sale license under this section, and may sell 3.2 percent malt liquor at on-sale or off-sale without further license. State law reference-SimiIar provisions, Minn. Stat. ~ 340A.403. *State law reference-Malt liquor licenses, Minn. Stat. ~ 340A.403. tCross reference-Licenses, permits and prohibitions, ch. 41. State law references-3.2 percent Illalt liquor licenses, Minn. Stat. !i 340A.403; revocation, suspension, Minn. Stat. ~ 340A.415; refunds, Minn. Stat. !i 340A.408, subd.5. Supp. No.9 CD43:10.1 ~. '. LIQUOR ~ 43-127 . Sec. 43-127. Persons eligible. Subd. 1. No retail license may be issued under this article to: (1) A person under 21 years of age; (2) A person who has had an intoxicating liquor or nonintoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the viola- tion owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a part- ner or otherwise, in the premises or in the business conducted thereon, or to a corpo- . . . . . r ' I /: JfYJ1(!L tal ~ L b 1'// t1/"tLf-e r J wFl{ 0~ 2{)d ~ UJ~ m ~ ~ wuUv, thL Mer Iuit ~ (12ta~, tVfJ 03 1M IS f;j{JLj- ~ aaJurc&;/ dd; () fh. .:t wrtWi . /Nile to N1 ~ :;:~,Rf ptYi015 S{ ~ >& A.aAt ~Y1~ (//~ 0~) UMiJ I/. '30 tfY' I Z ~d f/~/Jkl . rJn ftVlf dtLrwrdtlNf. rILL Iv~i~({! 1t1U IZ6 f 112 pftUjetL {07'Ldj utu/ 1M {ffcL! 5 ~/ fV~ ~'Cck ,~V(~~, i !IIJ dJd - J ctdJI heu w [/ r- Vv &tf l fi' / ,.h ' /fJt/ ~ tJU5'uruk/ OvvuU 17irMJ( I/Otl . ! G //}; , /IJ $I LLJ /J/ /' i1 v;.2557 cVl r wI ~--_ . . . 408 North Third Street, #203 Stillwater, MN 55082 June 16, 2003 Mayor and City Council, City of Stillwater Subject: Impervious Surfaces and Disposal of Water Runoff Attached is a copy of the two+-page letter that all members of the Stillwater Planning Commission received to peruse prior to their meeting, May 12, 2003. When the matter of a variance for a garage at 111 Cherry Street came up, the applicant was asked to sit at the table of the Commissioners and was given a copy of the attached 2+ page letter to peruse. I responded when the hearing was opened to the public, and gave a short presentation. I was followed at the microphone by two other condominium owners of the eight present. They spoke of the matter of water getting into the basement of the Mount Vernon Apartments, as EVERY property in that city block diverts their storm water and snow melt onto the west and north sides of the building. None of the other property owners attempt to drain their properties into Cherry, Linden or North Third Streets. It is not mentioned in that letter, but the owner of property #120 on Linden has a long North-South driveway deep into the block, where there are four garages of two property owners. That area receives the runoff of water from properties #112, 120, 121, and 122, and is a maze of COMPLETE coverage with asphalt paving. That long driveway should drain the precipitation runoff into Linden Street IF the asphalt was CONCA VB. Instead it is CONVEX, and as a result, the water going south toward Linden Street runs off the CONVEX surface to the EAST! On the EAST side of that driveway, that property has an 1800's very low wall with many breaks in it, that during the water runoff drains it onto Mount Vernon's back lawn and parking lot. It super saturates the back lawn as the grass sod slows the runoff, and seeps into the Mount Vernon garage. There probably is no other large residential city block in Stillwater that has only one property ending up with ALL the water runoff, AND with such a HIGH PERCENT of IMPERVIOUS SURFACE* PROPERTIES purposely diverting ALL of nature's water runoff onto just one property - and wanting to add more impervious surfaces. AND they have made NO attempts to divert the water to the curb, that any hydrologist would immediately suggest. That long CONVEX surface driveway is a prime example of this. ~ ~ Mayor and City Council, City of Stillwater June 16, 2003 Page 2 . The City of Stillwater has an interesting terrain for homeowners; it is not monotonously level. However, there are many ways that nature's 28" or 30" of annual precipitation can be drained to the streets and their storm sewers, to prevent devastating your neighbor's property. On the western plains, where water is a precious commodity, it is illegal to divert water for irrigation or watering livestock. That is common law as one must share what nature brings. It also is common law that you cannot divert by adding impervious surfaces and altering runoff of unwanted water from precipitation onto your neighbor's property if that excess water damages the neighbor's land or buildings, and without the neighbor's written permission. I believe a person could easily win a lawsuit against a governmental entity if that water damaged the property as a result of it. For the protection ofthe property owners ofthis city, the present impervious surface ordinances should be enforced. If not, we might see our city being sued if damages occur as a . result of an unwise variance, or we might see a property owner being sued if the impervious surface ordinance is violated by "him." Note that on May 12,2003, the Plannill!.! Commission, with the facts presented to them, very quickly and UNANIMOUSLY rejected the garage structure that the Mount Vernon condominium owners opposed. To make the present Impervious Ordinance work, the City of Stillwater must of necessity notify all contractors and homeowners in the city, and all vendors of materials for driveways, that the Impervious Surface Ordinance will be enforced.ltlERE MUST BE ACTION TO REMOVE THE IMPEDIMENT IN ALL CASES OF VIOLATION. Thank you, %~ ~f4 Duane Seaquist * Impervious surfaces include roofs, decks, steps, porches, parking areas for cars, trucks, boats, . and compacted earth, in addition to the impervious patios; ramps; sidewalks; driveways; and paths of gravel, crushed rock, asphalt, brick, and concrete. .. '.: . . . 408 North Third Street, #203 Stillwater, MN 55082 May 10, 2003 Stillwater Planning Commission Chair and Members Subject: Variance V!03-45 at 111 West Cherry Street My residence is in the Mount Vernon condominiums at 408 North Third Street, on the second floor at the north end of the building. The condominiums are directly south of the proposed garage at the rear of 111 West Cherry Street. The proposed garage would block my view from my living room, but at a level about three feet higher, even though I reside on the second floor. That fact is a minor issue compared to how it will violate Stillwater ordinances, and dump even more water onto the Mount Vernon premises. The owner of 111 Cherry St. omitted to apply for a "permeability variance," which is NOT mentioned anywhere in the two notices that I received from the city. What the applicant proposes is a double whammy to that ordinance, as it will reduce the permeable surface of the lot with the addition of a garage, and also increase the impermeable surface. Their application for a garage and ramp should be DENIED for the following reasons: . It already exceeds the permitted impervious surface. (See enclosed note given to me at City Hall.) Currently that property is in violation, as 60% or more is already impervious. Note (on the enclosed map) that both sides of that long residence are almost on the lot lines. The rear of the lot has grass, which the new owners are using to park a multitude of automobiles. . The owners currently have a tuck-under garage with asphalt pad for one car east of it. . Last year, during a heavy rainstorm, the runoff from the north became a CREEK, washing up on the north walls of apartments 103 and 104, and the threshold of the north door of the Mount Vernon. I visited that door during the storm. The HIGH wall behind all of the houses to the north of our condominiums looked like Niagara Falls, with the water GUSHING over it. . That very high retaining wall was built to make possible the building of those houses on Cherry Street! "R b- ~cu~" ~ Lot ((jV~r"Je- (. . ~~.); ........ -"l .:._../\.-''''.''~ ~ ~ - -- "::'1.v-' ~./>. .' . . u _~.J~ .. ~ f" 1.\.)~ ~ \.., '308!D - 5/VlJ}Ie: .(;.""'. ~ LD%6~vple1 Mul+d::,,,,,,'l.v . .; ~ a:;.~. . .' -'~.'.;;;~' Sa lj~/1 l -J~1~~ :~ -"4~4'" ~ ! "C! 1 .1' Y."ff) K'\IILJjV ., "'C"""t:Jl-'. ~ 1.:.19 t..'J'tn ,....,........ {r,J"A"":f;.J, L. . (~:t~Jf;~'1Jf{J7"~<'~~. ~ .\ , " = 200' 'SAN'~RY SEWER ~, STORM SEWER WATER MAIN ->-A" , FORCED MAIN I SANITARY SERVICE -------------- WATER SERVICE o MANHOLE · CATCHBASIN i M WATER VPJ..VE . HYDRANT ~ FLAI RED END .r LIFT STATION , I I Ie: 1.2 I U ~ ::J Q) "0_ e ~ (/) a. _ ::J I Q):= 0 ~ ..... 'C I _ (I) ... (/)~ m c 8.5 .0 0" , ..---:-:::~<' " I'.~"" 5 1"5-",' \..-~ ,00 ". ~.)1', . t <;:.>\~ ' '1.-1 0'\\ X> \ ~" '. \' :. ',~,' ;~\- . " 209 '~.:\ '.,. \L- . "00'" '\. \ . 51\O~:' .1, ~'~e~\\.\ -', !::~~s' ~~~~1' ~ '" \ :'.' . fP,. ,'" ~ ~ \ -- ,\'! ,'I ~ . it'< ". .:215' .... ~ ,.<.'. .. '" {'.... ->~ \'.' '. ,.. "'.fP' ~ . 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(j) \...---/\ ~~ '\ .....--./\ ; , ~4 0 '1 ' , . ......"'1 ~'. .''---: .. :...>.-------\ ~ \ ,', \ ' \ --:: '6 , ojJ _/ 'f"J ^ ., ~ \'l\ \ \ .' " . c ~ \ . .. t.J . \. '. ^ '\ t.J{ ~. -:' .' \,// ...~ 6\'. '- ./ '-. ' ;J \ " '\.,\1'\\)\' ~ ? \ H ~, ....> \ .->'/' .-,0 & ..: ~p..S . (j) , . ;1. ~.' _ ~ , ','o ' ^ \0 91 . .1, .:..-\ ~oo ~. >,- \e1 . \!\ , t -.....J '. \0 \ I-\" ~/ , ~ _-----\"-ojJ ~\_~---'-. (\ , to IS 0\ fiJ'cjJ.. I', ~ ~.ojJw \ '1\ L\ '\ \J.~// , \,. c~\ , ~.. , ,0 _--- e. to " . S\~t;. t}. \ \ __ '") T:...____, \ (\f) ...... ~~. \ '. t~'~ \.:>~.C~ ". ,e A\u-\.\~D . \ \~ ~ \ cP \e2S)t) \ ,Ie \j',Jt7.S,.,~ . ~-\ \ J;> \ \ . " " \ ~.1- ' , ".l", , \ " ~ ' ,!A ~ '" .. \ ( ,'~\ . ojJ', \~ '.. .-324-----.,;. ~"" \\ .~\/. ~/-~C/'i;Q. -~ ", '.,'" " ..,; (j)' _-------'''\_...---0 L ~ '-", '", \ ~~~1 ',' 1___-- ..,; , '\' ~. ,~\ ---- ~. ,,\ .~' .. ~ ..,; LJ.J " \',,\" ~ \ 14... LO ",'''0 'I.-I~ IllJ'" '\.''\ ", ,):.. \ ~ ..,;' , W . . , \', '" ...-:-r-. . \!>J 'a t1 : ~~~:: " ::::::=-- . ill n J\. r).. . I .' ..- J,J\ '- . \ ---- .------- ...>' \. .// ...../ 'l\ 'a ,.) ...__-;:;>. \ .....'/\ tl /~i----~;~~>'-/:32'2 ~> ..,~..,;./ ':)'\ '\ ----- ---/, .,...-/. .. ,..--...- -----. \ - - ~ .......- -' '. ..../. ~ .,; /-/ "\ ../..// \ ~~.: --~n.~---'\ ..,; , \ .--:-orp. 0 <:J .~. 3' . ' . \ ~\;----- \ . . . .~ '.' 304. \ . '6, ~ \.\.... . \ . ~Q3 .\. ~~~~~~\~ ~ . . .:- ""c>-'ta:?~~'1 '. .' ~,. """---\;ll1SCY"": ','~: ! . n,'{-. _... . .' ~ \. . .---:-'--:::" -~. " .' ef> . . <..;J, (~ " ....- -~. \ .. ,.) I , V \ '\~ fP ' ~ -~. :'. I \- \. .. .;.' \ ~.. ; \ . MEMORANDUM June 17, 2003 FROM: Diane Ward, City Clerk TO: Mayor and City Council SUBJECT: Famous Dave's & Savories As requested at the last'meeting, I have contacted Famous Dave's and Savories regarding the issuance of a liquor license. I have asked that they supply a letter of request to reconsider their applications for an on-sale liquor license as a result of the legislative action. Famous Dave's has had some officer change and will need to update their application before the request comes to Council. This item is proposed to be on the July 1st agenda. ACTION REQUIRED: . None. For your information only. . Ii' ~j . . . STILLWATER PUBLIC LIBRARY 223 N. Fourth St., Stillwater MN 55082~4806 (651) 439-1675 FAX (651) 439-o0IZ Board of Trustees Meeting Agenda Tuesday, June 10,2003, 7 P.M. 1 . Call to Order 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report+ D. Other Activity Reports+ E. Web Site Usage Report F. Director and Other Staff Reports+ G, Financial Report + H. Policy Review- Public Relations and Media Po/icy+ 5. Building Expansion A. John Mecum (MDA) - Report on Design Progress and Site Issues B. Discussion of May 30 Library Tours 6. Fundraising Campaign A. Event Plans B. Report of Other Progress to Date 7. Meeting with WCL Board 8. Legislative Actions and 2003-04 Financial Situation A. 2003 Budgetary Considerations B. 2004 Budgetary Considerations 9. Redesign of Library Special Account Funds lO. Implementation of WCL Fines and Fees Committee Recommendations 1 l. Other 12. Adjournment A+ 1 A I* D D 1+ 1+ A+ If you are unable to attend this meeting, please call Ann (ext. 17) before 5 P.M. on Monday, June 9, 2003. A=Action Item l=Information Item D=Discussion Item += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed ~ , Agenda item 4.a. STILLWATER PUBLlC LlBRARY 223 N. FOURTH ST. STILLW A TER, MN 55082-4806 651 439-1675 FAX 651 439-0012 . Board of Trustees Meeting Minutes Tuesday, May 13,2003 Present: Bill Fredell, Bill Hickey, Rick Hodsdon, Dick Huelsmann, Victor Myers, Jessica Pack, ML Rice Absent: Brian Simonet, Andrea Tipple Staff Present: Lynne Bertalmio, Carolyn Blocher 1. Call to Order President Hickey called the meeting to order at 7:05 p.m. 2. Adoption of the Agenda The agenda was modified to move Item 10.A. up after the consent calendar and then adopted as amended with a motion by Pack and a second by Fredell. 3. Communications and Public Commentary Director Bertalmio reported that there were no items in the suggestion box. 4. Consent Calendar Item H-- Public Relations and Media Policy was removed for . discussion at a later date. A motion was made by Rice and seconded by Pack to approve the remaining consent calendar including payment of bills totaling $31,313.00. The motion passed. 10. A Architect's Progress John Mecum, Vice President of Miller Dunwiddie, Inc., the architecture firm selected for the library expansion project reported on progress to date. Trustee Fredell shared a slide show of the Little Falls Library, also designed by Miller Dunwiddie. 5. Current Legislative Proposals legislative initiatives. Director Bertalmio reported on the current status of 6. 2003 Budget Adjustment & Sunday Closing Commentary Director Bertalmio shared a budget statement, which is available at the circulation desk and letters received regarding the Sunday closing decision. 7. Report on City Council Workshop Session Board members discussed the session. 8. Implementation ofWCL Fines and Fees Committee Recommendations Assistant Director Blocher informed the Board that there is a possibility that the Washington County Library system will institute a change in its patron fees beginning September 2,2003. These are not late fees, but a threshold after which a person could no longer check out books. . , ~ Page 2 Minutes 5/13/03 . 9. Fundraising Campaign A. Event Plans Trustee Rice updated the Board on event planning process. B. Report of Other Progress to Date Assistant Director Bertalmio and Trustee Huelsmann reported on fundraising that proposals are currently before the Bayport Foundation, the Tozer Foundation and the Hugh J. Andersen Foundation. The Fundraising Committee members are approaching individual donors currently. 10. Building Expansion A. Architect's Progress (above) B. Additional Library Tours These are set for Friday, May 30. D. Post-Expansion Costs Director Bertalmio and Assistant Director Blocher reported on anticipated adjustments in operating costs and potential sources of revenue after the library expansion is completed. II. Committee Reports Committee reports were included in other agenda items. 12. Other 13. Adjournment The meeting adjourned at 8:40 p.m. . . , \ Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us} Thursday, June 05, 2003 11 :55 AM Pat Raddatz Washington County Board Agenda - 6/10/03 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda June 10, 2003 - 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 to 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 - General Administration - Jim Schug, County Administrator A. East Metro Public Safety Training Facility Joint Powers Agreement B. Resolutions of Recognition 5. 9:25 - Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:45 - Adjourn . ************************************************************************ Meeting Notices 1 " ~, June 10 - Finance Committee Meeting 10:00 a.m., Washington County Government Center .ne 10 - Mental Health Advisory Committee :00 p.m., Washington County Government Center June 11 - Metropolitan 911 Executive Committee 10:00 a.m., 2099 University Avenue West - St. Paul June 11 - Metronet 12:00 p.m., 1619 Dayton Avenue - St. Paul June 11 - MICA 2:00 p.m., Kelly Inn - St. Paul June 11 - Rush Line Task Force 3:30 p.m., White Bear Lake City Hall June 12 - Community Services Advisory 7:30 a.m., Washington County Government Center June 12 - Metro TAB 12:30 p.m., 230 East 5th St., Mears Park Centre - St. Paul ************************************************************************ Washington County Board of Commissioners Consent Calendar - June 10, 2003 ttconsent Calendar items are generally defined as items of routine siness, not requiring discussion, and approved in one vote. ommissioners 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. Information only - Status report on projects approved from 2001 Mission Directed Budget (MDB) countywide savings. B. Approval to declare the Board Room Hitachi video camera HV C-11 as surplus equipment. Community Corrections C. Approval of purchase of service agreement with Tubman Family Alliance for services provided to victim/families of domestic abuse. Community Services D. Approval of the 2003-2005 contract with Comfort Keepers for alternative care, elderly waiver, community alternative for disabled individuals and traumatic brain injury eligible clients. .. Approval of fourth amendment to the agreement between Hennepin ounty and Washington County Community Services Department/Workforce Center Division to operate the dislocated worker project for airline related industries/Fingerhut from October 16, 2001 through September 30, 2 ~~.; 2003, effective May 6, 2003. .\ Human Resources, Employee Safety and Risk Management F. Approval of a 1.0 F.T.E. Special Project Real Estate[faxpayer Services Technician position in the County Recorder's Office from July 1 through December 31,2003. . '. i c. Information Services G. Approval of Amendment NO.2 with Kalos Group, Inc., to purchase a software upgrade to the IBM WebSphere Development Studio for the new iSeries. Transportation and Physical Development H. Approval of supplemental agreement no. 1 for road construction on Military Road (CSAH 20) in the amount of $89,291.05. I. Approval to reschedule a public hearing from June 17, 2003 to July 1, 2003 at 9:00 a.m. to consider an appeal of a condition of approval for an open space design development set by the Planning Advisory Commission. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us ..,. .'. 3