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Home My WebLink About2003-08-19 CC Packet ttPECIAL MEETING REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-17 Council Chambers, 216 North Fourth Street August 19, 2003 4:30 P.M. 7:00 P.M, 4:30 AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1, Budget Discussion a, Police b, Library c, Administration 7:00 AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of August 5, 2003 regular and recessed meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1, Certificate of Appreciation - Russell Hultman, Planning/Commission Chair 2, Banner and signs request - Zach Peterson - Oakridge Community Church OPEN FORUM The Open Forum is a portion of the Council meeting to ad(jress Council on subjects which are not a part of the meeting agenda, The Council may take actiol)p~r~ply~tthe time of the statement or may give direction to staff regarding investigation of the concerns ~xpre~ed. ttT AFF REPORTS "'<V 1 ,Police Chief 3, City Clerk ommunity Dev, Director 7, City Attorney 2,Fire Chief) 4, Director of Ad 6, City Engineer/PWD 8, City Administrator a. Information on Maintenance and Operation of Lift Bridge b, Information on Warning Flashers on TH 36 c, Collapse of retaining wall @ 220 E. Mulberry Street CONSENT AGENDA* 1, Resolution 2003-174, directing payment of bills 2. Resolution 2003-175, approving guaranteed maintenance agreement with Stillwater Ford 3. Approval of waiver of garbage and collection charges for application 2002-05 4, Resolution 2003-176, approving Anoka/Hennepin Technical College Police Training Contract For 2003 5, Approval of gambling permit - Common Health Clinic PUBLIC HEARINGS UNFINISHED BUSINESS 1, Discussion on Sign Ordinance . 2, Discussion on Sidewalk Use Licenses NEW BUSINESS PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT . * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately, . . 2 :'" ~ . . . MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: Budget DATE: August 15,2003 The preliminary budget submitted for your review is indeed very preliminary at this point. We do however anticipate that with council input on the 19th and again on the 26th we will be able to submit to the county by September 2,2003, On the 19th, at the workshop, there is no other topic planned, There will be three brief presentations by departments as listed on the agenda. We should be able to recess by 6:00 p,m, On the 26t\ since this is a special meeting for budget only, I am hoping we will stay until the budget is complete. Unless you decide otherwise, I will probably order sandwiches, etc. All departments were requested to submit their budgets as close to the amended 2003 budget as possible. All departments were also allowed to add to those areas where 2003 cuts most severely affected their operations. In most departments this has already been added to their budget request. For the library they have submitted their request for 2004 funding and priority listing for additional increases if funding is available. For the police department the budget is back to a "full force" funding level as their cuts in 2003 were never formally approved by council and happened mostly by default. The budget for 2004 actually looks much better than anticipated. To understand it you need to be aware of the following assumptions that went into its preparation. 1. The budget assumes that the City will levy back the full 60% of last years LGA cut ($447,450). Based on my preliminary numbers we can do this and the total amount will be absorbed by our tax base growth and this will not cause the tax rate to go up (see attached worksheet). I absolutely urge council to levy this amount as it will help the City in future years, We can protect the taxpayers from increases by other means, 2. Franchise fees amounting to $303,000 for electric and $99,000 for gas have been included in 2004 revenue. Although we as yet have not agreed on a new franchise agreement we are very close. '( ... 3, A new enterprise fund has been created for Signs and Lighting allowing for some shifts in salaries and eliminating a $180,000 electric charge burden from the general fund, Roughly $50,000 annually is set aside for maintenance and repair of the lighting system, which will pay for the new lights on curve crest. . 4, Bonded capital outlay for equipment etc, has been reduced from the annual level of$I,300,000 to $730,000. My hope is to continue to decrease our reliance on the annual bonding, as it is probably not sustainable once our growth discontinues, 5. Also included in capital bonding is $250,000 per year for the city's share ofthe North Hill Project, Again we anticipate that the total level of bonding for 2004 will have little affect if any on the city's tax rate as most will be absorbed by our growth. (A word of caution here is that we have not as yet received the numbers from the county needed to verify this!) 6. Community Volunteer Services and Youth Service Bureau Service have been funded at the reduced level as per 2003 amended budget. Community Volunteer Service has a request for $14,000 (see attached) the budget includes $8,700 at this point. 7. I have included an increase in the City's share of health insurance increases as per past practice, I have also included a 1.5% increase in all wage/salary. If council feels this number is inappropriate I need to know as this is a big ticket item. The actual amount whether it is 0-1,5% or higher needs to be negotiated with all unions. 8, The Mayor and Council budget has been increased by approximately $50,000 to include a line item "contingency". This is currently a balancing number and could be used to increase any other department. It is hoped that council will use this amount for all ofthe non-budgeted items, studies, etc. that you are faced with throughout the year. . . WORKSHEET TO CALCULATE LEVY (General & Debt) INCREASE WITHOUT RAISING THE TAX RATE For Payable Year: 2004 Taxable Value Increase (growth): 10% Payable Year Taxable Value (1) 2003 2004 11,334,107 12,467,518 Levy Increase without increasing tax rate: Gross Levy 6,603,957 7,201,893 (1) Taxable Value (tax capacity used to calculate the tax rate). (2) Local Levy is the amount used to calculate the tax rate. Fiscal Disparitiy Local Levy (2) 624,031 624,031 5,979,926 6,577,862 597,936 (3) The Tax rate is calculated by dividing the Local Levy (2) by the Taxable Value (1), NOTE: General Levy is subject to Levy Limitations , \ . . Tax Rate (3) 52.760% 52.760% . .. \ STILL WATER PUBLIC LIBRARY MeViAO . To: Mayor and City Council Members From: Lynne Bertalmio, Library Director Re: Library's 2004 Budget Request August 15, 2003 OPERA TING BUDGET The library's 2004 operating budget request includes the fol1owing increases over our current adopted 2003 budget: · $2,566 - The library's current contract with AFSCME runs through December of 2004. The contract includes a 3% wage increase for al1 union members. To offset the wage increase and restore some Sunday hours, the Board wil1 revise the library's hours of operations. This budget includes the funds to open the library for four hours on 22 Sundays in 2004, However, we propose to close at 8 p.m. instead of 9 p,m. Monday through Thursday throughout the year. This would be a reduction of 208 weekday hours for the year. · $10,707 - This figure would provide 1.5% wage increases and step increases for . nonunion employees whose wages and movement along salary schedules has been frozen since February 1, 2003, These funds would be held in reserve to match any increases that the City of Stil1water might agree to in negotiations with its unions. · $2,994 - these funds will cover the increases in health and hospitalization Insurance. · $4,224 - These funds will cover the increase in insurance premiums on the facility, · $1,312 - These funds are required to cover the increase in building maintenance contracts, · $1,500 - These funds wil1 cover the increase in the cost of natural gas, CAPITAL BUDGET The items included in the capital budget request include: . f . . . Services Microform Reader/Printer $10,500 Our microfiche reader/printer no longer functions, and we do not have a service contract for it. Our microfilm reader/printer is requiring frequent repairs. We propose to buy one new reader/printer that will handle both formats. Computer and Printer Replacement $10,000 These 8 computers and 1 networked printer are part of our annual replacement schedule. Facilities Building Expansion and Renovation $5,000,000 ADDITIONS TO THE BUDGET REQUEST Larry Hansen asked that we identify priorities for additional funding should it become available. The following options are listed in order of priority: 1. Opening 22 Sundays in 2004 while retaining our current 9 p.m. weekday closing would cost an estimated $14,000. 2. Restoring full hours - 37 Sundays and the 9 p.m. weekday closing - would cost an estimated $26,400, 3. Restoring full hours with a 3% wage increase for all employees would cost an estimated $46,000. Community Volunteer Service and Senior Centers Connecting People ~ Enriching lives '- '. Mayor Jay Kimble City Council Members City of Stillwater 216 N, 4th St. Stillwater, MN 55082 July 21, 2003 . Dear Mayor Kimble and Council Members Please accept our request for financial support in the amount of $14,000 for general operating funds for the programs of Community Volunteer Service and Senior Centers. We are requesting funding to support our programs that we will provide to the residents of Stillwater during 2004. We realize that cities have been seeing a decrease in revenue over the past year and need to make hard choices about how they spend their funds. The services provided by CVS and Senior Centers are essential and necessary to the residents of Stillwater, Our Senior Centers continue to provide quality programs for Stillwater's senior population. After a coupon processing project was eliminated the Stillwater Senior Center loss $25,000 in income, we had been earning income through this project for 15 years. This is a substantial loss that could impact us for years to come. To date we have been unable to find a replacement for this income-producing project. This year along with the decrease in contribution from the City of Stillwater, we also lost our rental income from the St. Croix Valley American Red Cross, When the Red Cross moved out we took the opportunity to utilize the additional space for needed senior program expansion. The added space is needed but we will miss the rental income. We continue to anticipate an ever-increasing rise in this community's senior population. During 2002 we served 2,486 seniors by providing education, socialization and enrichment activities. CVS continues to plan for future needs while meeting the needs of to day's seniors, I have included a recent newsletter for information on our current programming. . The Volunteer Center currently has 1000's of volunteer opportunities listed on our database. We provide an on-line searchable database for residents, This allows people in your community to have access to volunteer opportunities 24 hours a day and is available on our web site, www.volunteercvs.or~. As this community grows the need for a centralized volunteer referral system is even more important to community involvement, the CVS Volunteer Center is ready to provide this service in the greater Stillwater area, Most nonprofit agencies rely on the support of volunteers to deliver their programs. The Volunteer Center assists these agencies with recruitment and promotion. During 2002 we were able to refer 2,976 volunteers to work to serve the residents of Stillwater. 2300 Orleans St. w. Stillwater, MN 55082 . 651-439-7434 ' www,volunteercvs.org ,/ . . . Neighborhood Service Exchange has made a significant difference in the lives of our community members. Seniors, families and people with disabilities exchanged hundreds of hours of service. During 2002 and into 200.'3 this program received national attention in coverage from the New York Times, Readers Digest, and National Public Radio as a successful example of how to strengthen neighborhoods. This program helps keep people connected to their neighbors and also meets the need for direct services in our elderly, low income and disabled population. I have included copies of these articles. Transportation continues to be an issue for many Washington County residents. We continue to help those people in Stillwater who have no way to get to the doctor or other support programs. We are able to provide this service only with the help of many caring volunteers and financial support from the community. Currently, there are no plans to expand public transportation in this county. Low-income families and medically fragile seniors have few options to get to necessary appointments. CVS will continue to provide volunteer drivers to help meet this gap in service. During 2002 we provided service to 97 Stillwater residents. In 2002 the Holiday Bureau served .'354 Stillwater residents experiencing difficulties. Through this program people are able to help others directly. We hope the City of Stillwater sees the value of our services to this community and is able to provide financial support for 2004. The services provided by CVS are necessary and important to the residents of Stillwater. We provide the only Senior Center in the area, Volunteer Transportation is the only option for many residents and the support provided by volunteers in this community is made possible in part by the Volunteer Cen ter. I have enclosed our 2002 annual report. Thank you for your consideration of this request. Our Executive Director, Kathy Miron, or any member of our Board would be happy to share our story with the City Council. Please contact Kathy if you would like to arrange for this. DO, ~ector ty Volunteer Service I . . . ,< CITY OF STILLWATER CITY COUNCIL MEETING NO, 03-16 August 5, 2003 REGULAR MEETING 4:30 P,M, Mayor Kimble called the meeting to order at 4:30 p.m, Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Director of Administration Knauss Assistant Finance Director Harrison Police Chief Dauffenbach Fire Chief Kallestad Assistant City Engineer Sanders Public Works Director Eckles City Clerk Ward OTHER BUSINESS Workshop with Librarv Ms. Lynne Bertalmio, Library Director, reviewed the status of the current library building and what will be the status of funding for the new library expansion in 2004. She stated that the closing of the library on Sundays has not been popular and they are looking into the possibility of reopening on Sundays during the school year. Mr. Bill Hickey reviewed the library expansion timeline. Ms. Bertalmio provided the history on the relationship between the Stillwater Library and the Washington County Library System. She stated that Washington County has no desire to merge the Stillwater Library into the County system. Mr, Richard Huelsmann provided information regarding the due diligence on the library renovation and expansion project and the post expansion operating costs. He stated that fundraising is almost to the halfway mark and once that is achieved the fund raising will go public. He also stated that the board of trustees is planning as part of the capital campaign a strategy and organization for an annual fund drive to assist in the library's operating budget and collection, which the goal for the first fund drive would be $25,000. He reviewed possible revenue generating sources in the new library, Mr. Hickey stated that they would like to present to Council on October 7,2003 the complete schematics of the library. '" City Council Meeting - 03 -16 August 5, 2003 \0 Councilmember Rheinberger provided his scenarios on the impact of the librarY expansion to the City's budget and revenue sources and stated that he felt the library . should be merged with the County system. Council member Kriesel stated that he is not for the closing of the library, but is very concerned with the impact of the cost of the expansion on the City's residents, when currently the Washington County's library tax is $60.00 for a $200,000 home and the Stillwater Public Library costs are $137,00 on a $200,000 home. Heis also concerned that the expansion is driven by the growth of the surrounding areas and not Stillwater. Ms. Bertalmio reviewed the efficiencies that the expansion would provide. Councilmember Rheinberger suggested that a referendum be done to find out if the residents want to transfer the library services to the County and the extra tax burden for the library or its expansion. Council member Kriesel stated that he would like to see a Council discussion on this issue at a 7:00 p.m. meeting. City Administrator Hansen stated that the library is planning to come before Council on October 7,2003 and asked if it would be at the 4:30 or 7:00 p,m, meeting, Mayor Kimble stated that he would like to have another workshop because he was not able to ask his questions. . Councilmember Milbrandt stated that the library is planning on showing the schematic designs of the expansion and suggested that it should be at the 7:00 p.m, meeting to share on television. Councilmember Kriesel stated that he is willing to discuss his concerns with the library board. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to place the library on the October 7,2003, 7:00 p.m. meeting under Old Business. All in favor. Discussion with Auditors City Administrator Hansen stated that the firm of Larson, Allen, Weishair & Company has submitted a proposal for the auditing services for the year the ending in 2003. He stated that with the implementation of the new reporting requirement (GASB 34) and fraud detection procedures, increased auditing services were necessary. He stated that since this company has a good understanding of the City's process and financial management system, he recommended renewing of the auditing service contract for the year ending December 31,2003. . Page 2 of 12 . . . City Council Meeting - 03 -16 August 5, 2003 Councilmember Milbrandt stated that he would like to see a request for proposals for auditing services for 2004, Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-171, approving the agreement between the City of Stillwater and Larson, Allen, Weishair & Company for the year 2003 auditing services. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Discussion on North Hilllmorovements financina Public Works Director Eckles stated that a letter was received from the Stillwater Country Club objecting to the assessments, He stated he has spoken to the country club's attorney and once they understood the impact of the assessments compared to the original assessment they did not have any problems with it. Councilmember Milbrandt asked if even though the estimated project costs rose $900,000 the assessments have been reduced approximately 21 % per household. Assistant City Engineer Sanders stated that was correct. STAFF REPORTS Police Chief Dauffenbach provided an update on Lumberjack Days, He stated that even though he was short four officers it went well. He commended his department for a job well done. Fire Chief Kallestad echoed Chief Dauffenbach's comment. He stated that the police and emergency services were well planned and he commended his department and the Public Works Department. Public Works Director Eckles stated that there is a Long Lake Technical Advisory Group being formed to address Long Lake issues. Council member Kriesel stated that he would like to attend those meetings, City Administrator Hansen stated that the sign ordinance and sidewalk use licenses will be at the next meeting when City Attorney Magnuson will be available for input. Mr. Hansen reviewed the proposed budget schedule and requested that Council adopt the budget schedule so that special meeting notices can be published, Motion by Council member Kriesel, seconded by Council member Junker to schedule August 19, and August 26, 2003 at 4:30 p.m. as special meetings for budget discussions. All in favor. Page 3 of 12 City Council Meeting - 03 -16 August 5, 2003 "'- Mayor Kimble requested that the Public Works Director and Police Chief look at the parking spot at northbound 3rd Street and Eastbound Myrtle Street because it is a sigh. obstruction problem. Mayor Kimble recessed the meeting at 5:55 p,m. RECESSED MEETING 7:00 P.M, Mayor Kimble called the meeting to order at 7:00 p.m, Present: Absent: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Director of Administration Knauss Police Chief Dauffenbach Fire Chief Kallestad Assistant City Engineer Sanders Public Works Director Eckles City Clerk Ward APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the. July 15, 2003 regular meeting minutes, All in favor. ' PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Leaislative Information Representative Rebecca Otto provided information on the legislative session and asked Council for comments. Mayor Kimble suggested that if the legislature imposes tax limits in the future that they should cap the tax capacity rate because under the currentlaw the City is unable to capture the new taxes on our new developments. He also informed Representative Otto that if the City were successful in getting federal appropriation for Phase III of the Levee Project then the City would need an appropriation for the state matching funds, which would be critical to the appropriation taking place, Councilmember Rheinberger stated LGA cuts concern him and that the future cuts will have a greater impact on the City. He publicly thanked Representative Otto on her participation on the funding for the Brown's Creek/North Hill project. Councilmember Kriesel stated that the LGA cuts made the City impose street signs and lighting charges and franchise fees to the residents and that those costs are not tax . Page 4 of 12 . . . City Council Meeting - 03 -16 August 5, 2003 deductible to the residents, He also stated that the comments he has heard from the residents is that they want to see articles from both parties on real issues and not party squabbles. Banner reouest for 150th anniversary of Warden's House - Brent Peterson - Washinoton Countv Historical Society Mr. Brent Peterson reviewed the Historical Society's request to place a banner either on the wall or the building of the Warden's House to commemorate the 150th anniversary of the Warden's house. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the placement of a banner at the Warden's House either on the wall or building at Mr. Peterson's discretion. All in favor. Stillwater Art Guild Gallerv - Randall Radunz Mr. Randall Radunz provided information on the Artoberfest to be held on October 11, 2003, Council member Milbrandt asked if the Chamber was aware of this event. Mr. Radunz said that he would be contacting the Chamber of Commerce and making them aware of the event. Motion by Councilmember Rheinberger, seconded by Council member Kriesel approving the special event of Artoberfest to be held on October 11, 2003. All in favor. OPEN FORUM Mr. Dave Erickson, 12744 Boutwell Road stated that he had a petition regarding the speed limit and safety issues of Boutwell Road. He stated that he is concerned for the safety of the neighborhood and requested that Council take action immediately because the current posted speed limit of 40 mph is unsafe and poses an immediate risk to the residents, recreational users, and the children in the area. He requested an interim solution to the problem. Mayor Kimble explained that the process for the study would take some time, He stated that neighborhood input would be part of that process. He also stated that the City is concerned about the problem and has pressed Mn/DOT in the past on similar issues. He assured Mr. Erickson that what can be done at this point, is being done, He suggested that Mr. Erickson work with Public Works Director and Police Chief on this issue with the State. Public Works Director Eckles stated that in order to change a speed limit on any public road it is required to be reviewed by Mn/DOT. He stated that a transportation study is Page 50f12 City Council Meeting - 03 -16 August 5, 2003 being done on the Boutwell area and as a part of this study roadway design and traffic management issues will be discussed. . Police Chief Dauffenbach stated that the speed trailer has been placed on Boutwell Road and that information will be taken from various points on Boutwell. Mr. Erickson stated that there are too many city vehicles traveling on this road and what happened to the permanent weight restrictions. Ms. Jolene Swenson representing John Swenson, Minnesota Council of Crime and Justice stated that she was surprised to learn that the City of Stillwater was not doing anything for National Night Out. Council member Milbrandt stated that some of the neighborhoods were doing the National Night Out but it may not have been advertised. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003-165, directing payment of bills Resolution 2003-166, approving 2003 Memorandum of Agreement for Drop Off Center Recycling Grant Distribution with Washington County Approval of Scarecrow Days - Chamber Resolution 2003-167, approval of fire sprinkler inspection service agreement Resolution 2003-168, authorizing execution of grant agreement with Minnesota Department of Public Safety for safe and sober communities project Request to install banner - United Way Resolution 2003-169 - Approving Anoka/Hennepin Technical College Fire Training Contract For 2003 Approval of deposit to Friends of Fire account Approval to purchase computer - Planning Department Approval of electrical connection for trolley booth Request to install banner - Mid Summer Nites Dream Resolution 2003-170, approving agreement with Clarey's Safety Equipment, Inc; for fire extinguisher servicing . . Page 6 of 12 . . . City Council Meeting - 03 -16 August 5, 2003 PUBLIC HEARINGS Street. water. storm and sanitarv sewer imorovements for the North Hill area Assistant City Engineer Sanders provided a presentation to Council and the audience on the proposed improvements, assessments, and funding sources for street, water, storm and sanitary sewers to serve the North Hill area. Mayor Kimble opened the public hearing. Duane Paulson, 104 E. Poplar Street, stated that the project is needed. He asked how the assessment was structured based on liner feet on front property, He stated that his property had one of the largest assessments of over $25,000; however there are other homes of similar size that have 1/3 of the assessment. He also referred to the presentation that it looked like there would be a pond on his property and asked how those were identified and how those easements would be compensated for. Assistant City Engineer Sanders explained that the City has an assessment policy where assessments can be either by linear foot or by a unit basis and for this project it will be linear foot basis. He stated that in the policy different size lots have adjustments for frontage and that corner lots are assessed 100% on the short side and 35% on the long side. Mayor Kimble explained that an assessment on a unit basis is used when lots are similar in size but because in this project there are huge differences in lot sizes the linear foot method becomes more equitable. Public Works Director Eckles stated that part of the decision is based on the fact that some of the properties are small lots and have no future development possibilities, but that other lots have the possibility of future development. He stated that if the unit assessment was used on this property staff would have to figure in the possible future development and assess for how many future lots could be developed. Mr. Paulson asked if the assessment methodology is final at this time, Mr. Eckles explained that in the future there would be an assessment hearing where the final assessments will be determined; at that time if there is a disagreement on the assessment the property owner has the right to appeal the assessment. Mr, Paulson encouraged Council to take the lot size and compare it to street frontage because there are a number of people who have standard size lots on a corner whose assessments are quite high comparative to other lots of similar and equal value. He asked how easement areas are identified and the process for gaining those easements, Mr. Eckles stated that any project requires the cooperation from the neighborhood and there is always a need for easements whether just construction easements or, Page 7 of 12 City Council Meeting - 03 -16 August 5, 2003 .. permanent easements and sometimes construction easements are needed from every property owner. He explained that in order to keep the project costs down we hope to . obtain easements without cost because if the City has to pay for the easements it raises the project costs, which in turn means higher assessments. He stated that Mr. Sanders would be meeting with the affected property owners where storm water easements are needed between November - December 2003, City Administrator Hansen stated the City's method of assessment is not unique, many cities use this method. He stated that the goal is to make it affordable, which is why the City is subsidizing above the 50% level. He also stated assessments need to be comparable to other projects done in the City. Mr. Steve Kiester, 1721 North 2nd Street, appreciates the project and suggested that the project be separated to smaller contracts so that more contractors can bid on the project for cost savings to the project. Stephanie LaGrill, Willow Street, encouraged Council to do the project in an environmental friendly way and retain the character of the neighborhood, the natural vegetation and trees will be kept as natural filters and sound barriers from busy streets so that it retains the wooded area so it does not change too much. Nancy Newman, representing Eleanor Anderson on Schulenburg Alley, asked how the City determines what street the sewer will come off of and if there is some sort of financing for people on a fixed income. . Mr. Eckles stated that a deferment of assessment is available to people 65 and over or people with disabilities, where the assessment is deferred until the property is sold; however the interest accumulates until the assessment is paid. He also stated that Community Development Block Grant assistance will be available to low to moderate income homes for the hookup of water and sewer from the street to the home and that the Planning Department will be sending out information regarding that assistance. He stated that anyone interested in the program should contact City Hall. Julie Paulson, 104 E. Poplar, asked how people can find out how the construction will impact individual's property before major construction starts. Mr. Sanders stated that property owners can come to City Hall and meet with him and he will explain the design and impacts to the property owners, Ms, Carol Krafthefer stated that her assessment is $28,000 and asked what financing is available for middle-income people, Mr. Eckles stated that the Krafthefer's have one of the largest lots in the area and have future development possibilities. . Page 8 of 12 .' . . . City Council Meeting - 03 -16 August 5, 2003 Mr. Hansen stated that in this case that it is possible to have an assessment spread out over 10-12 years, with interest at approximately 5%, but that is just a guess at this point. He stated that there is no deferment program for middle-income persons. Ms. Krafthefer stated that she would have to pay approximately $300 per month more, which is quite a substantial amount of money, She stated that she doesn't want to be forced to sell their property to pay the assessment. Mr. Eckles stated that if the Krafthefers are not going develop, it may be possible to structure the assessments so that if there is future development of the property the additional costs would be added if the property is developed. Council member Rheinberger stated he is in favor of the project, but should have been done sooner. Council member Kriesel asked about breaking up the bid as Mr. Kiester suggested and asked if there are sufficient funds in the CDBG. Mr. Eckles stated that the project would be done in one to three phases and should get good bids on the project. He stated that questionnaires have gone out, but he is not really familiar with the program but Mr. Russell could provide an update on the CBDG funding. Council member Junker stated that he is also in favor of the project, that he has gone through a project like this on the South Hill, and that 10 years later he would not trade it for anything because it has added value to the neighborhood and was a tremendous project. He also stated with the bond environment with low interest rate the timing is perfect. He hopes the North Hill will be as happy as the people on the South Hill with this project. Councilmember Milbrandt stated that this project has come a long way over the last 18 months with the help of Mike Campbell and others. He commended Klayton, Shawn, and Larry for their creative financing on this project because even though the project costs went up the assessments went down approximately 20%. Mayor Kimble stated that a letter from the Stillwater County Club has been received regarding their assessments and the project to be entered into the record, He thanked Mr. Campbell for his work in obtaining the state funding for this project and has talked to Mr. Campbell who has told him that he and many of his neighbors are pleased with how the City made the adjustments to the assessments and wanted to thank Council and his neighbors for their assistance. Motion by Council member Rheinberger seconded by Councilmember Milbrandt to adopt Resolution 2003-172, ordering improvement and preparation of plans and specifications for the North Hill project (Project 2000-15), All in favor. Page 9 of 12 City Council Meeting - 03 -16 August 5, 2003 Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble . Nays: None UNFINISHED BUSINESS Second readina of Ordinance NQ. 939. an <)r<.1inance amendina the Citv Code bv chanaina the zonina map Mayor Kimble reviewed the ordinance relating to a zoning map change for the property located at 12730 62nd Street North. Motion by Council member Rheinberger, seconded by Councilmember Kriesel approving Ordinance No. 939, an ordinance amending the City Code by changing the zoning map. Ayes: Councilmembers Kriesel, Rheinberger, Junker and Mayor Kimble Nays: Councilmember Milbrandt NEW BUSINESS Industrial park street liahtinq Assistant City Engineer Sanders stated that the streetlights in the Industrial Park were installed over 20 years ago and are periodically out of service and that the maintenance of these lights is the responsibility of the City. He informed Council that staff has . contacted Excel Energy Outdoor Lighting about replacing the system and that the total cost of the project is $265,000. He stated that the monthly fees for maintenance and energy amount to $8.90 per light and that Xcel Energy would service and maintain the lights for 20 years. He also stated that this cost does not include restoration of the boulevard following the installation of the streetlights, which is estimated to be approximately $35,000-$40,000. He recommended that the project be paid through the street light utility fund. Council member Rheinberger stated that he is not in favor of the street lighting charge and the use of the residential charge for the commercial lighting and would not support this project. He stated that a commercial lighting district should stand on their own. He resents this new fee and the immediate transfer to a commercial area. Mayor Kimble explained that the commercial properties also pay this street lighting charge and at a much higher rate. Council member Milbrandt asked if this project would be in conjunction with the sidewalk project. The Public Works Director stated that they would coordinate so that the area would not be disrupted twice. . Page 10 of 12 . . . City Council Meeting - 03 -16 August 5, 2003 Councilmember Junker asked if 51 street light poles were anticipated and asked how many more would be in this area. Mr. Sanders explained that there are 51 poles in the area now, the poles will remain in the same location and they will repaint and put new lights on the poles. Motion by Councilmember Kriesel, seconded by Council member Milbrandt to adopt Resolution 2003-173, accepting proposal and awarding contract for the Industrial Park Street Light Project and leave the discretion of the interfund borrowing to City Administrator Hansen. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Council member Rheinberger COUNCIL REQUEST ITEMS Council member Kriesel commended the police officers and fire personnel on their response to the accident of the person who was impaled on a fence. Police Chief Dauffenbach stated that the officers were Leslie Wardell and Art Sievert and commended them and the fire personnel on the scene. He reported that the person is recovering. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 8:26 p.m. All in favor. Jay L Kimble, Mayor ATIEST: Diane F. Ward, City Clerk Resolution 2003-165, directing payment of bills Resolution 2003-166, approving 2003 Memorandum of Agreement for Drop Off Center Recycling Grant Distribution with Washington County Resolution 2003-167, approval offire sprinkler inspection service agreement Resolution 2003-168, authorizing execution of grant agreement with Minnesota Department of Public Safety for safe and sober communities project Resolution 2003-169 - Approving Anoka/Hennepin Technical College Fire Training Contract For 2003 Page 11 of 12 City Council Meeting - 03 -16 August 5,2003 . Resolution 2003-170, approving agreement with Clarey's Safety Equipment, Inc. for fire extinguisher servicing . Resolution 2003-171, approving agreement between the City of Stillwater and Larson, Allen, Weishair & Company for the year 2003 auditing services Resolution 2003-172, ordering improvement and preparation of plans and specifications for the North Hill project (Project 2000-15) Resolution 2003-173, accepting proposal and awarding contract for the Industrial Park Street light Project Ordinance No. 939, an ordinance amending the City Code by changing the zoning map. . . Page 12 of 12 Cit~ 06 g tiQQwateh, uUl~~e~ota CehHblcate ob cApp/(eclatio~ p/{ege~ted to RUSSELL HULTMAN WHEREAS, RUSSELL HULTMAN SERVED ON THE PLANNING COMMISSION FROM SEPTEMBER 2,1997 UNTIL AUGUST 11, 2003; AND WHEREAS, RUSSELL HULTMAN SERVED THE CITY FAITHFULLY, EFFICIENTLY AND COURTEOUSLY AS A MEMBER OF THE PLANNING COMMISSION. . ~ NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA, THAT FOR HIS DEDICATED SERVICE TO THE CITY OF STILLWATER, RUSSELL HULTMAN IS HEREBY COMMENDED. BE IT FURTHER RESOLVED, THAT THE CITY CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL. ADOPTED BY THE CITY COUNCIL THIS 19TH DAY OF AUGUST, 2003. u\Aa~oh Russell Hultman .. 718 W. Churchill Sl,Stillwater, MN 55082 (651) 439-7061 . Memorandum To: Sue Fitzoaald & Planning Commission r:..u~ Russell Hultman Date: August 7,2003 Re: Commission Resignation I will be moving f.. Vlll the City of Stillwater. As such, I am resiging from my position on the Planning Commission and as Chair. The August meeting will be my last meeting. I wish to extend my thanks and gratitude to a blcat group of folks who have made my commission experience memorable. It's been fun! . . . . . August 12, 2003 To the City Council of Stillwater: Oakridge Community Church located on County Road 5 since 1967 is launching a new "40 Days of Purpose" biblical curriculum set to begin October lih 2003. We will be promoting this new series entitled "40 Days of Purpose" to members of the Stillwater community to gamer support and membership. In addition to local advertising we would like approval from our city council members to do the following: 1) Place a 4' x 12' banner in the lawn of the Church grounds displaying the "40 Days" title and contact information. 2) 35 Lawn signs placed in the lawns of Oakridge Church Members' homes displaying the "40 Days" title and contact information. We would like permission to display these signs between September 14 and November 24. P.S. On behalf ofOakridge Community Church I would like to invite all members of this council to participate in our study to discover what our purpose is in life. Thanks in advance for your support in helping us build a stronger community! Zach Peterson Communications Director Oakridge Community Church Contact information for Zach Peterson: 1035 St. Croix Ave. West Stillwater, MN 55082 PH. 651-214-5916 (' I . Memorancum To: Mayor and City Council 'll_/- Klayton Eckles, City Engineer From: Date: August 14, 2003 Subject: Projected Maintenance and Operation Costs of Lift Bridge after 2010 DISCUSSION MnDot recently commissioned a report to determine the ongoing operation and maintenance cost ofthe Stillwater lift bridge after the completion of a new river crossing. Since the City of Stillwater in the past has indicated an interest in potentially taking over the ownership of the bridge upon completion of the new river crossing, this information is valuable for Council's consideration. . Attached is the executive summary that covers the major points ofthe study. To briefly summarize the findings there is an estimated cost of $322,000 per year in 2003 dollars to continue to operate the bridge for pedestrian purposes only. In the event that the bridge was to be operated as a low volume passenger vehicle bridge an additional $51,000 would be required. To operate the bridge as a full capacity bridge would be extremely expensive and cost prohibitive. RECOMMENDATION Staffhas no recommendation on this item it is simply provide to provide input for future Council discussions on this matter. . "\ \ Maintenance Projections . and Annualized Costs REPORT OF FINDINGS STILLWATER LIFT BRIDGE (Mn/DOT Br. No. 4654 - Wis/DOT Br. No. B-55-919) Over the St. Croix River . For: Minnesota Department of Transportation and Wisconsin Department of Transportation By: HNTB Corporation August 6, 2003 . " ,f . . . Stillwater Lift Bridge Maintenance Projections and Annualized Costs EXECUTIVE SUMMARY This report presents projected future operations, maintenance and structural preservation needs and associated cost for the Stillwater Lift Bridge assuming the $5M repair project is completed as proposed in 2005. The lift bridge is a vertical lift bridge commissioned in 1931 and is presently listed in the National Register of Historic Places. Application of the Secretary of the Interior's Standards for Historic Preservation Projects was considered throughout the development of the $5M repair project and will be presented in a subsequent report titled Stillwater Lift Bridge Repair Needs, Report of Findings. The projection of future operations and maintenance needs is based on the existing condition of the lift bridge as documented within separate reports, application of an assumed level of maintenance and preservation and probable deterioration of the lift bridge over time, and several principal assumptions including: · The $5M repair project will be substantially completed in 2005. · The lift bridge will be maintained by MnlDOT until such time as a new S1. Croix River crossing is operational. · The lift bridge will carry vehicular and pedestrian traffic until such time as a new S1. Croix River crossing is operational. . Ownership of the lift bridge will be transferred to another party when a new S1. Croix River crossing is operational. · A new S1. Croix River transportation crossing will be operational in 2010. · The lift bridge will carry only pedestrian traffic once ownership is transferred. · The lift bridge will be maintained subsequent to transfer of ownership at a level as described within this report. The maintenance and preservation projections are considered over a 45-year period from 2010 through 2055. This period of time is organized into three 15-year increments between 2010 and 2055 for purposes of projecting maintenance and structural preservation activities and their associated costs. Upon completion of the $5M repair project, the lift bridge will be structurally adequate to carry MnIDOT's minimum structure preservation project live load through 2010, which can be thought of as 72% of the standard design live load. The lifting mechanism is projected to provide reliable lifting operations through 2055 provided routine maintenance is applied. The projected level of work to retain utility of the lift bridge is anticipated to consist of significant structural preservation efforts during the first 15 years, an increased repair effort in the second 15-year period, followed by continued preservation efforts in the third 15-year period. The lift bridge will require substantial structural preservation efforts to extend its useful life beyond 2055. Page 1 of 32 " " Stillwater Lift Bridge Maintenance Projections and Annualized Costs The annualized cost of operation, maintenance, and preservation efforts is projected to . be $322,000 over the 45-year period. Of this annualized cost, $104,000 is attributed to operation of the bridge, $43,000 to routine maintenance, and $175,000 to structure preservation efforts. The sum total of these annualized costs is roughly $14,500,000 over the 45-year period. Additionally, the future owner of the lift bridge will also be at risk for a projected $4,800,000 in component failure costs. It can be reasonably expected that the future owner of the lift bridge will incur some portion of the component failure cost prior to 2055. Provided on page 3 in Figure 1 is a graphic presentation of projected operations, maintenance, preservation and component failure costs. The condition of the primary structural systems, that being the truss spans and substructure, is anticipated to fall between "serious" (serious loss of section, local failure possible) and "critical" (advanced deterioration, monitoring necessary) for decades and finally decline toward "imminent failure" (bridge closed, corrective action possible) towards 2055. If a low volume of personal passenger vehicles and pick-up trucks are allowed to use the lift bridge at a reduced speed and the use of de-icing chemicals is restricted, additional maintenance and preservation efforts are anticipated and the probability of component failure will increase. The additional annualized cost is projected to be on the order of $51,000, or roughly $2,300,000 over the 45-year period. . If a high volume of unrestricted vehicular traffic (passenger and commercial vehicles) is sustained on the lift bridge through 2055, the structure will require extensive structural preservation efforts, up to and including wholesale replacement of individual components, construction of secondary and redundant structural systems, and/or replacement of trusses in their entirety. The majority of the structural preservation efforts will require the bridge to be closed to vehicular traffic for extended periods of time. Closure to vehicular traffic will eventually be required on a semi-regular basis. The lift bridge will be unable to effectively serve meaningful transportation needs through 2055 due to the extent and duration of traffic closures. The additional cost to maintain the lift bridge with unrestricted traffic is projected to be several times that of allowing no vehicular traffic on the bridge. Should the future owner of the lift bridge be unable or unwilling to maintain the structure in a serviceable condition, the USCG will likely require the bridge be removed. The Secretary of Interior's Standards for Historic Preservation Projects will be required to be applied to repairs completed subsequent to the $5M repair project. All costs are provided in 2003 US dollars, without consideration of escalation and without an allowance for contingency. . Page 2 of 32 ,. .' . . . Stillwater Lift Bridge Maintenance Projections and Annualized Costs Figure 1: Projected Operations, Maintenance and Preservation Costs (Without vehicular traffic - $1,000 US, 2003 - preservation efforts consolidated in single contracts within 15-year increments of time) ---~~~~~- ---------------------~~?_~--------------------------------------------. Repair CI mtract #2 _ ________ _______________1J_ok,.SLLlJ,struc1ure..._ .___________ _______________________. $4.0M 50% Supe rstructure -------- -------------------~o/u~8rt:------ .----------------------------------. 13% )ther -------- ---------$"f.~IVI --------- ----------- .----------- ---------------------- __t3~Q~__~_~~!~~~~!~~~!_~!______________ 8% Substructure _________~~a~pBrsJr~~------------- 33% Other --~~~~~----------------------------------- _$1_0_~___________ 2005 Repair $0.1M lIE 2010 to 2024 $3.6M $1.6M .n-n-----fepaif'-€-ofltfaet-#3----- . 0% Substructure .-- nn---ilrjf>Jo-Slfpersffl1cWre---- 6% M&E .--------------39olo-e>ther--------- .-.$th3M----- ----------- -I .$.Q..8M - --- J------ 2040 to 2055 ~ ~ ~ 2025 to 2039 ~ ~ ~ Key: Operations and Routine Maintenance @ $147, 100 per year. Structure Preservation (Repair Contracts) Page 3 of 32 ., Stillwater Lift Bridge Maintenance Projections and Annualized Costs '. Maintenance Projections and Annualized Costs . Report of Findings Stillwater Lift Bridge TABLE OF CONTENTS Executive Summary.. ........ ................ ............. ............................ ...... Page 1 Introduction..................................... ..................... .... ................ ........ Page 4 Bridge Configuration and Nomenclature ............................... Page 6 Basis for Maintenance Needs .......................................................... Page 7 Principal Assumptions ..... ........... .............. ...... ........... .... ........ Page 7 Scope of $5M Repair Project ................................................ Page 7 Level of Maintenance and Preservation ................................ Page 9 Lift-bridge Service.. ............... ..... ...... ..................................... Page 10 Maintenance Needs.................................... ......... ............... ............. Page 13 Operations Projections.. ..... ............ ................................. ...... Page 13 Maintenance and Preservation Projections ........................... Page 13 Routine Maintenance..... ..... ........ ........ ............ .... ........ Page 14 Structure Preservation ................................................ Page 14 Component Failure ..................................................... Page 15 Projected Maintenance Costs .......................................................... Page 17 Previous Maintenance Costs .......................................................... Page 20 Condition Ratings................ ............ ...... ... .... ................. ..... ......... ..... Page 21 Remaining Useful Life............... ................... ............ ........................ Page 25 Sustained Vehicular Use... .......... ........... .............. ...................... ...... Page 27 Conclusions.. ..... ................... .......... ..................... ..................... ....... Page 31 Appendix A - Anticipated Maintenance/Preservation Activities and Associated Costs (Present Worth) Appendix B - Anticipated Maintenance/Preservation Activities and Associated Costs '(Future Worth) Appendix C - Projected System Condition Rating Graphs Appendix 0 - Projected Component Condition Rating Graphs . ii . j' , . ~v ~emoranc urn To: Mayor and City Council Klayton Eckles, City Engineer August 14, 2003 IL~ From: Date: Subject: Advanced Warning Flasher Devices on Hwy 36 DISCUSSION Attached is an email concerning advanced warning flasher devices on Hwy 36. Apparently MnDot is slated to remove or has already removed some of these advanced warning flashers. As you can see on the attached email certain members of Oak Park Heights are concerned about these removals. From the perspective ofthe engineering department we generally look at anything on Hwy 36 as MnDot jurisdiction and therefore leave operational decisions to MnDot staff. RECOMMENDATION . This information is provided to Council for informational purposes and staff has no recommendation. . Page 1 of2 "t- " Klayton Eckles From: Steve Misgen [Steve.Misgen@doLstate.mn.us] Sent: Monday, August 11, 2003 1 :14 PM To: Marymccomber@aol.com; Rick Arnebeck Cc: Amr Jabr; Dave Engstrom; John Bieniek; Todd Clarkowski Subject: Re: Warning Lights Ms. McComber, . Some of the Advanced Warning Flasher devices along TH 36 in the Stillwater area have been identified and marked for removal. These removals are because these devices do not meet the present guidelines and criteria for A WF installations. The present guidelines and criteria provide that an A WF device should be deployed in response to a specifically correctable problem on a roadway that operates at high speeds. These guidelines are given in the MnlDOT Traffic Engineering Manual and in the Mn/DOT Technical Memo regarding Advance Warning Flashers dated February 11,2002. Below is a summary of these guidelines: 1) Isolated or unexpected signalized intersection, where the upstream distance from the last signalized intersection is greater than 9 miles. 2) Poor sight distance at approaches to intersection. 3) Inadequate yellow clearance times causing difficult driver decisions at the awwach to the intersection. 4) High numbers of correctable crashes atthe intersection. 5) High heavy truck volumes combined with steep roadway grades. 6) Engineering judgement based on additional data such as complaints, violations, conformity to practice and traffic conflicts. . Informational statements for each individual device being removed are provided below. Geometric information for each device location is obtained from both filed roadway plans and actual field measurements. DPS TIS crash record information was pulled and examined for all Metro Division A WF installations. Truck volume information is obtained from Mn/DOT IDA records. Personnel representing Mn/DOT - Metro Division Traffic Studies, Signal Operations and Signal Design sections, reviewed this information. The following removal decisions were obtained. TH36 at Washington Ave. The Advanced Warning Flasher on W. B. Trunk Highway 36 prior to the intersection of Washington Ave. in the City of Stillwater/ Washington will be removed because it does not meet the present criteria. At this location there is another traffic signal 0.5 miles in advance, the signal can be seen 1600 feet prior to the intersection, and the percentage of heavy trucks is below 15% with a low grade. The yellow clearance time is appropriate for the speed and the grade of the intersection. TH 36 at Oahreen/ Greelev The Advanced Warning Flasher on E. B. Trunk Highway 36 prior to the intersection of Oak green/ Greeley in the City of Stillwater/ Washington will be removed because it does not meet the present criteria. At this location there is another traffic signal 0.5 miles in advance, the signal can be seen 2120 feet prior to the intersection, and the percentage of heavy trucks is below 15% with a low grade. The yellow clearance time is appropriate for the speed and the grade of the intersection. TH 36 at Oakgreen/ Greel~y The Advanced Warning Flasher on W. B. Trunk Highway 36 prior to the intersection of Oak green/ Greeley in the City of . Stillwater/ Washington will be removed because it does not meet the present criteria. At this location there is another traffic 8/14/2003 >-,' . . . Page 2 of2 -'" signal 0.7 miles in advance, the signal can be seen 1590 feet prior to the intersection, and the percentage of heavy trucks is below 15% with a low grade. The yellow clearance time is appropriate for the speed and the grade of the intersection. TH 36 at Co. Rd 24! Osgood Ave. The Advanced Warning Flasher on E. B. Trunk Highway 36 prior to the intersection of Co. Rd 24! Osgood A ve. in the City of Oak Park Heights! Washington will be removed because it does not meet the present criteria. At this location there is another traffic signal 0.8 miles in advance, the signal can be seen 3700 feet prior to the intersection, and the percentage of heavy trucks is below 15% with a low grade. The yellow clearance time is appropriate for the speed and the grade of the intersection. TH 36 at Co. Rd 24! Osgood Ave. The Advanced Warning Flasher on W. B. Trunk Highway 36 prior to the intersection of Co. Rd 24! Osgood A ve. in the City of Oak Park Heights! Washington will be removed because it does not meet the present criteria. At this location there is another traffic signal 1.9 miles in advance, the signal can be seen 2120 feet prior to the intersection, and the percentage of heavy trucks is below 15% with a low grade. The yellow clearance time is appropriate for the speed and the grade of the intersection. If additional questions I would be happy to answer them. Steve Misgen, P.E., P.T.O.E Mn/DOT - Metro Division Division Signal Operations Engineer Office of Traffic Engineering 1500 West County Road B2 Roseville, MN 55113 651-634-2130 >>> <Marymccomber@aol.com> 08/09/03 09:08PM >>> Todd, I received several inquiries as to what has happened to the warning lights at all three intersections on Highway 36, Norell/Washington, Oakgreen/Greeley and Osgood. They have been removed and there is concern due to previous fatal and near fatal accidents at those intersections. I know we weren't informed of any changes. Would you mind checking and let me know ASAP. Our Council meeting is Tuesday night and if there needs to be a letter sent by the City to have them put back, I will add it to the agenda. Thanks, Mary 8/14/2003 . .. . . . RESOLUTION NO. CITY OF STILL WATER COUNTY OF WASHINGTON STATE OF MINNESOTA A RESOLUTION MODIFYING THE PARCEL NUMBER OF PROPERTY INCLUDED WITHIN THE DISTRICT WHEREAS, the Tax Increment Financing Plan for Tax Increment District No. 10 (the "Plan") was approved by the City Council on May 20, 2003 and a request was made to the County Auditor for Certification of the original net tax capacity of the District on June 12,2003; and WHEREAS, included in the Plan of May 20, 2003 was Parcel No. 28-O30-2~4-0094, which was the actual parcel number of the property designated on the map for Tax Increment District No. 10, located on the southeast comer of Nelson and Second Street within the City; and WHEREAS, subsequent to the approval of the Plan and after the Certification of the original net tax capacity, the property denoted by Parcel No. 28-O30-2~4-0094, was included within the Plat of Joseph Wolf Brewery Addition and, since the property was subdivided into various parcels, the Parcel number was deleted; and WHEREAS, the new Plat of Joseph Wolf Brewery Addition was filed with the County Recorder on June 19, 2003 as Document No. 3346861. The new Parcel Numbers provided to portions of the Joseph Wolf Brewery Addition Plat that are included within the District and have been assigned by the Office of the County Auditor and it is necessary for this corrective action to be taken. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That Section 3.06 of Tax Increment Financing Plan for Tax Increment District No. 10, entitled "Propertv To Be Included in the District", is modified by deleting Parcel No. 28- 030-2~4-O094 and substituting the following new numbers which represent the actual property that is now included in the District as follows: Lot 5, Block 1, Joseph Wolf Brewery Addition, Parcel No, 28-030-20-44-0096, Lot 6, Block 1, Joseph Wolf Brewery Addition, Parcel No. 28-030-20-41-0135; and Lot 7, Block 1, Joseph Wolf Brewery Addition, Parcel No. 28-030-2~1-0136. 2. That this action is permitted without notice and a hearing since the modification is not a reduction or enlargement of the geographic area of the District; an increase in the amount of indebtedness to be incurred, nor does the modification contain any other event that would require notice and a hearing as set forth in Minn. Stat. 9469.175, Subd. 4. ". ... . Enacted this 19th day of August, 2003 by the City Council of the City of Stillwater. Dated: ,2003. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Diane F . Ward, City Clerk . . . Memomnc run To: From: Mayor and City Council , ~ Klayton Eckles, City Engineer ~j; August 14,2003 Collapse of Retaining Wall at 220 East Mulberry Street Date: Subject: DISCUSSION This last week a retaining wall that holds up 2nd Street located on the property of 220 E. Mulberry Street collapsed. It appears that the failure was caused by modifications made by the property owner in an attempt to improve access along the old limestone wall. The wall in question is about 20 feet high and the collapse has created a significant hazard to the utilities under 2nd Street as well as the sidewalk and roadway. . As a result of the collapse the City issued an emergency abatement order to the property owner on Wednesday. In discussions with the property owner it was clear that the property owner desired that the City simply take emergency corrective actions. Therefore on Thursday we began operations to shore up 2nd Street and protect it from a catastrophic failure. These emergeny actions are only temporary. After the temporary abatement is completed the City will meet with the property owner to develop a strategy for assisting in the completion of a permanent solution. . EMERGENCY ABATEMENT ORDER To: Tony Lodge 1344 Otchipwe Avenue North May Township Stillwater, MN 55082 . Re: Property at 220 East Mulberry Street, Stillwater, Minnesota NOTICE IS HEREBY given that a nuisance exists on your property at 220 East Mulberry Street and a nuisance constitutes an immediate danger and hazard which, if not immediately abated, will endanger the health and safety of the public. The nuisance was created by you or your excavator when soil was removed from the slope adjacent to the right-of-way of North 2nd Street on the east boundary of your property. Because the supporting slope was disturbed, the retaining wall providing lateral support for 2nd Street collapsed and left a dangerous and open excavation that, if not immediately remedied, will . result in the loss of portions of North 2nd Street and the buried utilities, cables, and sewer and water services located within that street. You are hereby notified that immediate action must be undertaken by you to a,bate and correct this nuisance and that if abatement procedures approved by the Stillwater City Engineer are not undertaken by 9:00 a.m., Thursday, August 21, 2003, the City will undertake this action to abate the nuisance and thereafter provide you, as soon as the costs incurred are known, with appropriate notice under the Emergency Abatement Procedures found in the Stillwater City Code for collection of all or a portion of the costs incurred by the City in abating this nuisance to be spread as a special assessment against your property. By order of the City Administrator, Larry D. Hansen, this 12th day of August, 2003. ~~~R Larry D. Hansen City Administrator . -<" ; LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2003-174 . Abrahamson Nurseries Ace Hardware Action Rental Ancom Appletree Institute Aspen Mills AT&T AWl Diversified Bayport, City of Becker Arena Bonestroo,Rosene,Anderlik & Assoc. Boyer Trucks CLJ Right-of-Way & Realty Services, Inc. CarQuest Catco Chris Amdahl Locksmith, Inc. Clarey's Safety Equipment Coca Cola Coordinated Business Systems, Ltd. Cottage Grove, City of Cummins Npower, LLc Dell Computer OJ's Municipal Supply Dornfeld, Marsha FedEx Fire Engineering Fitzgerald, Sue Fred's Tire Fuhr Trenching, Inc. G & K Services Galles Corporation GCR Tire Center Gopher State One - Call Grainger Hewlet Packard Hillyard Interstate All Battery Center Jani King Jansen, Randy Johnson Controls Johnson, Ron League of MN Cities Lind, Gladys Linner Electric Lynn Peavey Company Magnuson Law Firm Maple Island Menards Met Life Dental Metropolitan Council . . Four 6' Colorado Green Sp. 806 W Willarc Hardware Concrete Portable Radios Retiree Health/Hospital Insurance Uniforms Telephone Trail Posts Bayport Police Lumberjack Days Rink Glass & Rivets McKusick Lake Div Vehicle Maintenance Supplies Sutherland Project Shop Supplies Maintenance Supplies Lever Trim Lock Fuel Tank & Mounting Brackets Concession Supplies Toner Cottage Grove Police Lumberjack Days Hose Dell Precision 340 Shovels, Rakes Park Refund Freight Subscription Renewal Mileage Reimbursed Tire Demo House 501 S 2nd St. Rug,Towel & Uniform Service Can Liners, Brushes Tires Billable Tickets Fuses Repair I Paq Cleaning Supplies Battery August Monthly Contract Refund Parking Charged Twice Service Call Repair AlC Unit Dry Erase Board & Markers Directories Land Purchase Replace Bulbs Northland Tennis Courts Law Catalog,Gun Strap,Kraft Evidence Professional Services Hardware Maintenance Supplies Dental Insurance September Wastewater Service 1,198.80 379.91 430.27 2,247.71 22,073.81 169.48 46.54 1,110.00 1,201.12 748.31 1,891.03 14.15 2,388.64 165.90 76.85 264.00 677.64 1,206.85 168.75 3,683.25 36.23 1,704.39 498.43 65.00 20.22 19.95 147.60 55.67 4,380.00 1,875.92 145.76 134.19 285.20 41.85 121.61 321 .44 35.56 298.20 5.00 282.00 89.02 125.78 927.00 1,380.40 84.10 7,241.75 122.35 230.94 299.18 85,852.00 "). \ EXHIBIT" A" TO RESOLUTION #2003- 174 Page 2 MN Dept of Labor & Industry Lily Lake Ice Arena 60.00 . MN State Fire Chiefs Association Annual Conference 429.00 MJ Raleigh Trucking Gravel 266.40 MTI Supplies 77 .46 Nestle Ice Cream Concession Supplies 133.68 Northern Traffic Supply Sign Rental, Barricades for Parade 235.15 Office Depot Office Supplies 42.05 Office Max Thermal Rolls 21.83 Olsen Companies Chains & Cable Supplies 141.80 On Site Sanitation Unit Rentals 549.80 Parts Associates Inc. Nuts, Clamps,Screws,Ties and Hose 303.97 Paul, Chris Parts for Vehicle #14 14.94 R & R Specialties of WI, Inc. Hydraulic Hose, Fluid 125.00 Reliance Electric Repair Blower Fan Dome 335.90 S1. Croix Boat & Packet Co. July 2003 Arena Billing 26,995.54 S1. Croix Events Fireworks Bayport Foundation Proceeds 7,500.00 S1. Paul Park, City of S1. Paul Park Police Lumberjack Days 768.08 SBC Pagers 28.61 Stillwater Community Education Room Rental A Bantam State Tourn. 120.00 Stillwater Courier Publication 273.70 Stillwater Equipment Co. Spot Lamp, Lens 163.44 Stillwater Ford Vehicle Maintenance 86.67 Stillwater Gazette Publication 76.57 Stripe A Lot Striping Crosswalks, Lines,Parking 6,895.92 Sun Newspapers Lumberjack 219.00 . Swift, Mary Clear Label Dividers 102.20 Thompson Publishing Group FLSA Handbook 329.00 3D Specialties Coupler, 2" x 10' Solid sa 1,965.12 Toll Gas & Welding Supplies Welding Supplies 29.92 United Rental Walking Groover, Hammer,Air Tamper 1,030.61 Verizon Wireless Cell Phones 419.16 Washington County Recorder/Registrar Variance,SUP Recording Fees 183.00 Waste Mgm1. 1 st Payment 2003 Garbage Certification 12,169.86 Watson, Dennis Data Transfer for Utility Billing 767.50 Winnick Supply, Inc. Maintenance Repair Supplies 62.64 Workwell Occupational Health Services Hepatitis B Vaccine 43.00 Yocum Oil Fuel 2,539.48 Ziegler Equipment Repair 1,342.21 ADDENDUM TO BILLS ABS Company 1 st Half 2003 TIF #1 1,807.19 Chris Amdahl Locksmith Inc. Locks 285.64 Cole Papers Inc. Cleaning Supplies 143.64 Coordinated Business Systems, Ltd. Maintenance Agreement 213.47 Desch, Mark & Gloria 1st Half 2003 TIF #1 10,137.20 Dodge, John as Trustee for J & R Zimmerman 1 st Half 2003 TIF #3 7,875.00 Government Training Service Registration Fee Safe & Sober Cont. 50.00 Lanoga Corporation 1 st Halt 2003 TIF # 1 4,745.49 . LMC Berkley Risk Admin Workers Comp,Add Mobil Property 2,631.50 .. , . . . EXHIBIT" A" TO RESOLUTION #2003-174 MN Chiefs of Police Assoc. MN Dept of Public Safety BCA MN Flood Summit Plant Health Associates, Inc. Quill Qwest Semler, John & Kelly State of MN Dept of Transportation Streicher's Sutherland, John & Nadji US Bank Viking Office Products Xcel Adopted by the City Council this 19th Day of August, 2003 Page 3 Internal Affairs, Handling Complaints Training Fee Seminar Professional Services 6/5-8/14/03 Office Supplies Telephone 1 st Half 2003 TIF #1 Manuals Uniforms Real Estate, Replacement Housing,Expen Paying Agent Fees Office Supplies Electricity, Gas TOTAL 55.00 180.00 35.00 1,000.00 397.96 717.91 4,623.12 25.00 779.95 282,004.50 201.25 256.77 13,496.66 545,480.21 1h . LIST OF BILLS EXHIBIT" An TO RESOLUTION #2003-174 . Abrahamson Nurseries Ace Hardware Action Rental Ancom Appletree Institute Aspen Mills AT&T AWl Diversified Bayport, City of Becker Arena Bonestroo,Rosene,Anderlik & Assoc. Boyer Trucks CLJ Right-of-Way & Realty Services, Inc. CarQuest Catco Chris Amdahl Locksmith, Inc. Clarey's Safety Equipment Coca Cola Coordinated Business Systems, Ltd. Cottage Grove, City of Cummins Npower, LLc Dell Computer DJ's Municipal Supply Dornfeld, Marsha FedEx Fire Engineering Fitzgerald, Sue Fred's Tire Fuhr Trenching, Inc. G & K Services Galles Corporation GCR Tire Center Gopher State One - Call Grainger Hewlet Packard Hillyard Interstate All Battery Center Jani King Jansen, Randy Johnson Controls Johnson, Ron League of MN Cities Lind, Gladys Linner Electric Lynn Peavey Company Magnuson Law Firm Maple Island Menards Met Life Dental Metropolitan Council . . Four 6' Colorado Green Sp. 806 W Willarc Hardware Concrete Portable Radios Retiree Health/Hospital Insurance Uniforms Telephone Trail Posts Bayport Police Lumberjack Days Rink Glass & Rivets McKusick Lake Div Vehicle Maintenance Supplies Sutherland Project Shop Supplies Maintenance Supplies Lever Trim Lock Fuel Tank & Mounting Brackets Concession Supplies Toner Cottage Grove Police Lumberjack Days Hose Dell Precision 340 Shovels, Rakes Park Refund Freight Subscription Renewal Mileage Reimbursed Tire Demo House 501 S 2nd S1. Rug,Towel & Uniform Service Can Liners, Brushes Tires Billable Tickets Fuses Repair I Paq Cleaning Supplies Battery August Monthly Contract Refund Parking Charged Twice Service Call Repair AlC Unit Dry Erase Board & Markers Directories Land Purchase Replace Bulbs Northland Tennis Courts Law Catalog,Gun Strap,Kraft Evidence Professional Services Hardware Maintenance Supplies Dental Insurance September Wastewater Service 1,198.80 379.91 430.27 2,247.71 22,073.81 169.48 46.54 1,110.00 1,201.12 748.31 1,891.03 14.15 2,388.64 165.90 76.85 264.00 677.64 1,206.85 168.75 3,683.25 36.23 1,704.39 498.43 65.00 20.22 19.95 147.60 55.67 4,380.00 1,875.92 145.76 134.19 285.20 41.85 121.61 321.44 35.56 298.20 5.00 282.00 89.02 125.78 927.00 1,380.40 84.10 7,241.75 122.35 230.94 299.18 85,852.00 EXHIBIT" A" TO RESOLUTION #2003-174 MN Dept of Labor & Industry MN State Fire Chiefs Association MJ Raleigh Trucking MTI Nestle Ice Cream Northern Traffic Supply Office Depot Office Max Olsen Companies On Site Sanitation Parts Associates Inc. Paul, Chris R & R Specialties of WI, Inc. Reliance Electric St. Croix Boat & Packet Co. St. Croix Events St. Paul Park, City of SBC Stillwater Community Education Stillwater Courier Stillwater Equipment Co. Stillwater Ford Stillwater Gazette Stripe A Lot Sun Newspapers Swift, Mary Thompson Publishing Group 3D Specialties Toll Gas & Welding Supplies United Rental Verizon Wireless Washington County Recorder/Registrar Waste Mgmt. Watson, Dennis Winnick Supply, Inc. Workwell Occupational Health Services Yocum Oil Ziegler Adopted by the City Council this 19th Day of August, 2003 Lily Lake Ice Arena Annual Conference Gravel Supplies Concession Supplies Sign Rental, Barricades for Parade Office Supplies Thermal Rolls Chains & Cable Supplies Unit Rentals Nuts, Clamps,Screws,Ties and Hose Parts for Vehicle #14 Hydraulic Hose, Fluid Repair Blower Fan Dome July 2003 Arena Billing Fireworks Bayport Foundation Proceeds St. Paul Park Police Lumberjack Days Pagers Room Rental A Bantam State Tourn. Publication Spot Lamp, Lens Vehicle Maintenance Publication Striping Crosswalks, Lines,Parking Lumberjack Clear Label Dividers FLSA Handbook Coupler, 2" x 10' Solid SQ Welding Supplies Walking Groover, Hammer,Air Tamper Cell Phones Variance,SUP Recording Fees 1 st Payment 2003 Garbage Certification Data Transfer for Utility Billing Maintenance Repair Supplies Hepatitis B Vaccine Fuel Equipment Repair ~ --t 60.00 429.00 266.40 77 .46 133.68 235.15 42.05 21.83 141.80 549.80 303.97 14.94 125.00 335.90 26,995.54 7,500.00 768.08 28.61 120.00 273.70 163.44 86.67 76.57 6,895.92 219.00 102.20 329.00 1,965.12 29.92 1,030.61 419.16 183.00 12,169.86 767.50 62.64 43.00 2,539.48 1,342.21 . . . . Memorandum To: Mayor Kimble and City Council Members cc: Larry Hansen, City Administrator From: Larry Dauffenbach, Police Chief Date: 8/12/2003 Re: Guaranteed Maintenance Agreement 2004 Squad Cars The two new 2004 Crown Victoria police cars ordered in January are now in-service. Included the capitol outlay budget with the police cars is $5000.00 per car for the Guaranteed Maintenance Agreement with Stillwater Ford We have had this agreement for the last 4 years and it is 'Working well. . RecoJlJ1ll~nd approval of the Gna.au..eed Maintenance Agreement with Stillwater Ford. 1 - t -, GUARANTEED MAINTENANCE AGREEMENT THIS AGREEMENT is made as of the _ day of ,2003, between the City of Stillwater, Washington County, Minnesota, ("City") and Stillwater Ford, Inc., an authorized Ford dealer located in Oak Park Heights, Minnesota ("Ford"). . 1. The purpose of this Agreement is to establish guaranteed maintenance for police car with VIN # that has been purchased by the City from Ford, which will extend the useful life of this police car and provide for its efficient use, which will ultimately increase its trade-in value. 2. For the police car, the City will deposit with Ford the sum of Five Thousand and noll 00 dollars ($5,000.00), which must be kept as a credit to the City's account by Ford and expended only as set forth in this Agreement (the "Fund"). 3. The Fund will be used for any scheduled maintenance and repairs that are not covered by the warranty. Amounts may be drawn from the Fund only at the direction of the Police Chief of the City or his designee and at the option of the Police Chief or designee and for no other purpose. 4. The Fund may not be drawn upon or used by Ford for any other purpose and not for any maintenance or other work performed on the police car except by written authority of the Police Chief or his designee. 5. Sums remaining in the Fund when the police car is either traded in or sold will be . returned by Ford to the City. In view of the administrative expense of handling the Fund, the sums remaining will be returned without interest. THIS AGREEMENT MADE this day of ,2003. CITY OF STILLWATER By Jay L. Kimble, Mayor Attest: Diane F. Ward, Clerk STILLWATER FORD, INC. By Its . . . . GUARANTEED MAINTENANCE AGREEMENT THIS AGREEMENT is made as of the day of , 2003, between the City of Stillwater, Washington County, Minnesota, ("City") and Stillwater Ford, Inc., an authorized Ford dealer located in Oak Park Heights, Minnesota ("Ford"). 1. The purpose of this Agreement is to establish guaranteed maintenance for police car with VIN # that has been purchased by the City from Ford, which will extend the useful life of this police car and provide for its efficient use, which will ultimately increase its trade-in value. 2. For the police car, the City will deposit with Ford the sum of Five Thousand and noll 00 dollars ($5,000.00), which must be kept as a credit to the City's account by Ford and expended only as set forth in this Agreement (the "Fund"). 3. The Fund will be used for any scheduled maintenance and repairs that are not covered by the warranty. Amounts may be drawn from the Fund only at the direction of the Police Chief of the City or his designee and at the option of the Police Chief or designee and for no other purpose. 4. The Fund may not be drawn upon or used by Ford for any other purpose and not for any maintenance or other work performed on the police car except by written authority of the Police Chief or his designee. 5. Sums remaining in the Fund when the police car is either traded in or sold will be returned by Ford to the City. In view of the administrative expense of handling the Fund, the sums remaining will be returned without interest. THIS AGREEMENT MADE this day of ,2003. CITY OF STILLWATER By Jay L. Kimble, Mayor Attest: Diane F. Ward, Clerk STILLWATER FORD, INC. By Its . . . ::\1emo DATE: August 15,2003 TO: Mayor and City Council Chantell Knauss ~ Director of Administration FROM: RE: Waiver of Garbage Collection Charges Attached is a request (Application 2003-05) for Waiver of Garbage and Collection Charges for June 1,2003 - May 30, 2004, in accordance with City Code Section 30-1, Subd. 9. If approved, this waiver would be retro-active back to June 1,2003. Recommendation Staff recommends the City Council take action to approve waiver of garbage and collection charges for application 2003-05. APPLICATION NO. 2003,,05 W AlVER OF GARBAGE AND COLLECTION CHARGES COUNCIL ACTION FORM Applicant: NAME Florence Kroening ADDRESS 1910 N. Fifth Street Recommended Action: APPROVE X DISAPPROVE REASON FOR DISAPPROVAL DATE SUBMIIThD: August 15, 2803 . . . . Memorandum To: Mayor Kimble and City Council Members cc: Larry Hansen. City Administrator From: Larry Dauffenbach, Police Chief Date: 8/14/2003 Re: Century College Contract . The C,,,ul...j College training contract is due to be renewed. The cost is $1335.00 per year. The training cost is very cheap as compared to other training. This will buy us three seats in any class they offer. The contract is a budgeted item. Recommend approval of the C';'U~Ulj College training contract. . 1 RESOLUTION 2003-176 APPROVING ANOKA/HENNEPIN TECHNICAL COLLEGE POLICE TRAINING CONTRACT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement between City of Stillwater and Anoka/Hennepin Technical College for Police Training as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 5th day of August, 2003 - Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . CENTURY COLLEGE Memorandum Department: Continuing Education & Customized Training Date: August 6, 2003 To: Craig Peterson From: Barb LeClaire Phone: 651-779-3303 Subject: Training contract I have enclosed your contract for upcoming Law Enforcement training by Century College. Please review, sign and return it in the envelope provided. If you have any questions regarding the contract you may contact Joan Peterson at 651-773-1743. . Thank you, !?7ttfM ~ . F.Y.: 04 Cost Center: 21J 561 Obj. Code: 9182 Amount: $1335 Vendor #: P.o. #: . STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES Centurv Collef!e INCOME CONTRACT This contract is by and between Stillwater Police Deoartment (hereinafter "PURCHASER") and the State of Minnesota acting through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of Century College (hereinafter "STATE"). WHEREAS, the PURCHASER has a need for a specific service; and WHEREAS, the STATE, is empowered to enter into income contracts pursuant to Minnesota Statutes, Chapter 136F; NOW, THEREFORE, it is agreed: I. DUTIES OF STATE. The STATE agrees to provide the following: 1. Law Enforcement Continuing Education Program of Century College will provide approximately 300 hours of POST approved training for the period September 1,2003 through June 30, 2004. . 2. Registration for training will be conducted on a first-come, first served basis with priority given to licensed officers/dispatchers from participating member agencies. The number of enrollments from individual agencies may be limited in some cases in order to acconunodate all member agencies. 3. The Training Program will be continually evaluated by means of course evaluations completed at the conclusion of each training session, and program and curriculum evaluations and surveys will be solicited from participating agencies. Training programs will be offered at Century College. 4. Enrollment reports will be provided to participating member agencies upon request. 5. Courses not covered by this training agreement include Firearms Qualification and Training Program. Any other course excluded by this agreement will be so identified in the training brochure. II. DUTIES OF PURCHASER. The PURCHASER agrees to provide the following: 1. Participating agencies will publicize the program to officers and promote courses internally. 2. In order to best meet the specific needs oflaw enforcement, training officers/dispatchers from participating member Law Enforcement agencies will be invited to scheduled meetings to participate in the review of past and future curriculum and training concerns. . ... Ill. CONSIDERA TION AND TERMS OF PAYMENT. . A. Consideration for all services performed and goods or materials supplied by the STATE pursuant to this contract shall be paid by the PURCHASER as follows: Annual cost is $295 per slot for full-time licensed officers/dispatchers with the purchase of 6 or more slots. Annual cost for 1-5 slots is $445 per slot. Stillwater Police Department has made the commitment to purchase three(3) slots at $445 each totaling $1335. B. Terms ofPavment. Payment shall be made by the PURCHASER no later than 30 days following receipt of the invoice. IV. TERM OF CONTRACT. This contract shall be effective on SeDtember J. 2003, or upon the date that the final required signature is obtained by the STATE, whichever occurs later, and shall remain in effect until June 30. 2004. or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION. Century College reserves the right to cancel courses due to lack of enrollment. Departments will NOT receive confirmation or registration, but will be contacted by phone or by mail if the class is filled or canceled. Notice of registration cancellation by an officer must be received three working days prior to the start of the course. Agencies or officers who fail to give such notice will be billed and the participating department/agency will be billed $10/officer for "NO SHOWS". . VI. AUTHORlZED REPRESENTATIVES. The PURCHASER'S Authorized Representative for the purposes of administration of this contract is Crai(Y Peterson. The STATE'S Authorized Representative for the purposes of administration of this contract is Joan Peterson. Each authorized representative shall have final authority for acceptance of services of the other party and shall have responsibility to ensure that all payments due to the other party are paid pursuant to the terms of this contract. VII. ASSIGNMENT.. Neither the PURCHASER nor the STATE shall assign or transfer any rights or obligations under this contract without the prior written approval ofthe other party. VIII. LIABILITY. The PURCHASER shall indemnify, save, and hold the STATE, its agents and employees harmless from any and all claims or causes of action arising from the performance of this contract by the PURCHASER or PURCHASER'S agents or employees. This clause shall not be construed to bar any legal remedies the PURCHASER may have for the STATE'S failure to fulfill its obligations pursuant to this contract. IX. AMERlCANS WITH DISABILITIES ACT COMPLIANCE (hereinafter "ADA"t The PURCHASER is responsible for complying with the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq. and regulations promulgated pursuant to it. The STATE IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the ADA. X. AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office. . 2 Xl. GOVERNMENT DATA PRACTICES. The PURCHASER must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to alldataprovidedbythe STA TE,in accordance with this contract and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the PURCHASER in accordance with this contract.. Thecivil remedies of MinnesqtaStatutes Section 13 :08, apply to the release of the data referred to in this Article by either the PURCHASERorST ATE. '. In the event the PURCHASER receives a request tq release the datareferred tointhis Ariicle,the PURCHASER must immediately notify the STATE. The STATE will give the PURCHASEKinstmctions concerning this release of data to the requesting party before the data is released. XII. JURlSDICTION AND VENUE. This contract shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out.ofthii> contract, or the breach thereof, shall be located. only in the state. or federal court with competent jurisdiction in Ramsey County, Minnesota. XIIl. STATE AUDITS. The books, records, documents, and accountingproGeduresand practices ofthe PURCHASER relevant to this contract shall be subject to examination by the contractingdepartmenland the' Legislative Auditor. XIV. OTHER PROVISIONS. (Attach additional page(s) if necessary): Inclement Weather Listen to WCCO Radio for any college closing information. POST Credits Peace officers who successfully complete the POST approved courses will receive peace ,officer continuing education credits. ,. ' . Discrimination Policy.. . . . " " . '. . " ".... In accordance with the administrative rules oftheMinnesot<i POST Board andthePolicyofCentiIry Colleg~ all persons shall be eligible for emollment in any program regardless ofrace, color, religion, sex, national origin, residency, marital status or physical disabilities. . If you need a reasonable accommodation fora disability (e.g., wheelchair accessibility, interpreter, Braille or large print materials) such an accommodation can be made available upon advance request. Please contaCt the Century College Access Center, 651-779~3355 or TTY 651-773- i715 as soon as possible. Waiting Lists If a course should fill, officers will be puton a waitingIist. . . . . IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. MINNESOTA STATE COLLEGES AND UNIVERSITIES 2. PURCHASER: PURCHASER certifies that the appropriate person(s) have executed the contract on behalf of PURCHASER as required by applicable articles, by-laws, resolutions, or ordinances. Centurv COLLEGEfUNIVERSITY/SYSTEM OFFICE By (authorized signature) By,(authorized signaturs;; " '. 1\ \.. C~ O! \,c:::v\...--'----'~- Title Dean CE/CT Title Date Date 8/6/03 By (authorized signature) Title Date 3. AS TO FORM AND EXECUTION: By (authorized college/university/system office signature),. ...... rv'!/\ Cc CJr (3 /~ Title Dean CE/CT Date 8/6/03 MnSCU008 3-17-00 4 Minnesota Lawful Gambling LG220 Application for Exempt Permit Organization Information organ~ation name \;D<Y\\Y\~'(\ \-\en.\ ~ C \ \ <\ ,c Street Cl!Y , ,:)\ol\~ ~~f\<l\ ~. \\) ~\\\\~ Name of chief executive officer (CEO) First name Last name C~ Name of "e~u<e' ~ First name Last name G\\eA~ ~~ , Type of Nonprofit OrganJation Check the item that best describes your organization: Fraternal _ Religious Veteran X Other nonprofit organization Check t~item that indicates the type of proof your organization attached to this application: -A-- IRS letter indicating income tax exempt status . ~ Certificate of Good Standing from the Minnesota Secretary of State's Office _ A charter showing you are an affiliate of a parent nonprofit organization _ Proof previously submitted and on file with the Gambling Control Board .. . ,,;:> .' . Fee $50 Page 1 of 2 06/03 For Board Use Only Fee Paid Check No. Previous lawful gambling exemption number Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) (A~()~~\~ U'.,,~(.. Address (do not use PO box) City ~\.lD ~V('\GS. ~.~. ,\. ~)\~ ~ ') ,,~t~~ Date( s) of activity (for raffles, indicate the date of the drawing) \ \ -\ -O'~ .-CC(4V;,N\ O~ r')- 8~ O~ Check the item(s) that indic~t~ the type of gm\,bling activity y~-ur organiz~ti~n will be conducting: _ *Bingo -4 Raffles (cash prizes may not exceed $12,000) _ *Paddlewheels _ *Pull-tabs _ *Tipboards * Equipment for these activities must be obtained from a licensed distributor. This form will be made available in name and address will be public alternative format (Le. large print, Braille) information when received by the Board. upon request. The information requested All the other information that you provide on this form (and any attachments) will be will be private data about you until the used by the Gambling Control Board Board issues your permit. When the Board (Board) to determine your qualifications to issues your permit, all of the information be involved in lawful gambling activities in that you have provided to the Board in the Minnesota. You have the right to refuse to process of applying for your permit will supply the information requested; however, become public. If the Board does not issue if you refuse to supply this information, the you a permit, all the information you have Board may not be able to determine your provided in the process of applying for a qualifications and, as a consequence, may permit remains private, with the exception refuse to issue you a permit. If you supply of your name and your organization's name the information requested, the Board will and address which will remain public. be able to process your application. Private data about you are available only to Your name and and your organization's the following: Board members, staff of the . . State/zip code ~D<2>d County ~. Daytime phone number of CEO Include area code \4~\-4'\D- \hCOD Daytime phone number of treasurer. Include area code \O~\- '-\~- \e0D State/zip code County ~ ("\~ ~t:F6";} Board whose work assignment requires . that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are speCifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 Application for Exempt Permit Organization Name C"'N\_\'V\U" \\--c'!. \-\1.1'"\ \. l " .'\. \, <- Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. D The city approves the application with no waiting period. D The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). D The city denies the application. Print name of city S\\\\'-~ (Signature of city personnel receiving application) Title Date ..-.'<1 . ~ Page 2 of 2 06/03 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. . D The county approves the application with no waiting period. D The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township . (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application i$ complete and accurate to the best of my knowledge. Chief executive officer's signature ~'-t _~/1 Name (please print) ~._ ~~ I Date 1 l'cl\ I~ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a check for $50. Make check payable to "State of Minnesota". Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board . 1711 West County Road B, Suite 300 South Roseville, MN 55113 , - .' . . . MEMORANDUM August 15, 2003 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Fire Relief Association DISCUSSION: As clerk I have received the required Fire Relief Association report for contributions in 2003. For the first time the report shows an actuarial deficit of $50,317, as such I am required to notify the Council of it. The deficit is likely caused by poor investment performance, which would be typical of most funds. At this point in time the Relief Association is not requesting any City contribution nor is one necessary. ACTION REQUIRED: None. Advisory only. Schedule II ... - " \- ., Section 1 Determination of Projected Net Assets for the year ending December 31, 2003 Special Fund Assets at December 31, 2002 (See Ending Assets in Reporting Form - 2002) Projected Income to December 31,2003: a. Minnesota State Aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 101,410 (Use 2002 amount, exclude Supplemental Benefit Reimbursements) b. Municipal (independent fire) Contributions. . . . . . . . . . . . . . c. Donations (List ) . . . . . . . . . . d. Interest and Dividends. . . . . . . . . . . . . . . .. ............ e. Net appreciation (depreciation) in fair market value of investments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. Other income (Include Supplemental) . . . . . . . . . . . . . . . . . Total 1 $ 1,450,7. 72,535 87,042 3,000 Projected Assets plus Income December 31,2003 = Line 1 + Line 2 Projected Disbursements through End of Year: g. Pensions (If listed here, don't include on Schedule I) . . . . . . h. Other benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i. Administrative.............................. 4,500 Total 2 $ 263,987 3 $ 1,714,700 Projected Assets (gross) at End of Year = Line 3 minus Line 4 4 $ 4,500 5 $ 1,710,200 Section 2 Determination of Projected Surplus (Deficit) as of December 31, a Projected Assets 2003 Accrued Liability Surplus or (Deficit) = Line 5 6 $ 1,710,200 7 $ 1,760,517 8 $ (50,317) = Schedule I, Page 2b, Line B = Line 6 minus Line 7 Deficit Projected for 2003. Table on sheet labeled Entries 2 must be completed. Section 3 Determination of Municipal Contribution (if Surplus) Normal Cost = Schedule I, Page 2b, Line C Calculated Administrative Expense = (RF-02 Admin. Exp. $ Less: j. Minnesota State Aid. . . . . . . . . . . . . . . . k. 5% of Line 5. . . . . . . . . . . . . . . . . . . . . . . I. 10% of Surplus. . . . . . . . . . . . . . . . . . . . . Total Subtractions x 1.035) = 9 $ 10 $ Municipal Contribution = Line 9, plus Line 10 minus Line 11 11 $ 12 $ . Complete Section 5 now if you haven't already done so. I "sIIn 4 Amortization of Deficits. Determination of Municipal Contribution (if Deficit) Column 1 Column 2 Amt Retired 12/31 2003 Column 3 Left to Retire 1/1 2004 Year Incurred . Oriqinal Amount 1994 1995 1996 1997 1998 1999 2000 2001 2002 m. n. 50,317 o 50,317 (Sec. 2, line 8) (Col. 3 Subtotal) (m. minus n.) I New add'l Deficit ITotals Step # 1 50,317 50,317 o. If line 0 is positive, enter line 0 in columns 1 and 3 of New additional Deficit (2003) line. (This is your New additional Deficit for 2003.) If line 0 is negative, reduce columns 2 and 3 according to Deficit Reduction in the instructions. Step # 2 Amortization of Deficit (Total from Column 1) ...... . . . . . . . . . . . . . . . . . . . 50317 x 0.10 13 $ 5,032 Total from Schedule I, Page 2b, Line C - Normal Cost 14 $ 137,844 Calculated Administrative Expense (2002 Reporting Form Admin Exp). . . . . 4076 x 1.035 15 $ 4,219 Subtotal Lines 13+14+15 16 $ 147,095 Less: . p. Minnesota State Aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101410 q. 5% of Line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85510 Total Subtractions (Subtotal of Lines p and q) 17 $ 186,920 Municipal Contribution (line 16 minus line 17) 18 $ -39,825 You must certify to the municipality before August 1, 2003, even if no contribution is due. Section 5 Calculation of Average special fund income per member Test for Maximum Benefit Allowed ^ Received or Receivable Enter data in blue-shaded cells. Use whole dollar amounts. Reference prior year forms. A B C o (A+B+C)ID= E 2002 > RF-02 2001 > RF-01 2000 > RF-OO State Municipal 10% of Active Aid ^ Support Surplus Members 101,410 0 SC-02 ~ 32 87,142 0 SC-01 ~ 16,532 32 83,966 0 SC-OO ~ 24,449 35 Per Year Average Last year 2 years ago 3 years ago 101,410 32 103,674 32 108,415 35 9507 3 = $ 3,169 3,240 3,098 F. Average available financing per active member for the most recent 3-year period = 3,169 G. Maximum benefit level per statutory schedule effective through 12-30-03 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,800 H. Maximum benefit level per statutory schedule effective 12-31-03. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,800 . Lines G and H reflect your maximum benefit level for the periods cited. You mav not establish a hiaher benefit level. These figures will be identical in all cases except where average available financing yields a maximum at the statutory cap. - " OFFICER'S CERTIFICATION .. (Form must be provided to municipal clerk on or before August 1,2003) We, the officers of the STILLWATER Firefighters' Relief Association, state that the accompanying schedules have been prepared in accordance with the provisions of Minn. Stat. S 69.772, subd. 4. . Further, benefit levels have been established in accordance with the average amount of available financing, as required by Minnesota law. 0/<</0;7 /CatEY" ff-f9-o3 Date cglle/a:s Date' CLERK'S CERTIFICATION ( For Municipal Fire Departments Only) I am the clerk of . I received on , the completed Office of . the State Auditor Schedules I & II from the STILLWATER Firefighters' Relief Association. I have reviewed Sec. 2, line 8, Sec. 3 line 12, and Sec. 4, line 18 of Schedule II. If line 12 or line 18 reflect a required municipal contribution, I certify that I will advise the governing municipal body at its next regularly scheduled meeting. Signature of Clerk Date ( ) Business Phone WARNING: This document must be fully completed, certified by the relief association officers, forwarded to the municipal clerk, and filed with the Office of the State Auditor as required by Minn. Stat. S 69.771, subd. 3. Failure to file this document, whether or not a municipal contribution is due, will result in ineligibility for state fire aid, as required by Minnesota state law. Office of the State Auditor Pension Division 525 Park Street Suite 400 St. Paul, MN 55103 Fax number: (651) 282-2391 . Please keep a copy of this form for your records. . . . MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald, Planner Date: August 5, 2003 Subject: Sign Ordinance Background: Coucncilmember Gary Kriesel stated at the June 17 Council meeting, that he has received calls concerning garage sale signs and requested that the sign ordinance be brought in for discussion (attached). The sections of the ordinance that pertain to garage sales are highlighted. The ordinance is directed to all signage and is not limited to garage sale signs or real estate signs. The City receives many calls daily regarding real estate and .garage sale signs. The complaints are generally from people that don't like the signs in front oftheir home or the streets (right-of- way) cluttered with signs. Calls come from realtors about other real estate signs or "for sale by owner" signs on the right of way. The City also gets calls about off site signs that say "Garage Sale" with an arrow drawn on the sign and no address, that have been abandoned when the sale IS over. Attached are articles that appeared in all of the local papers in April of this year, including the free paper that is delivered to each Stillwater household. These articles were printed to educate and remind the public about the garage sale sign regulations. If the Council wants to. pursue this subject further, planning staff could research ways other communities deal with garage sale and/or real estate signs. Offsite signs on right of way or other persons property are not permitted generally in communities and this is the cause of most complaints and enforcement. Recommendation: Review sign ordinance and direction. Cj . #-. 4-. STILLWATER CODE parking shall be so graded and. drained as to dispose of all surface water :. u&" within the area; in no case'shall such' drainage be allowed to cross sidewalks. h. Marking. Parking spaces within a facility shall be clearly painted and delineated. , , i. Lighting. Any lights provided to illu- minate any parking facility pennit- ted by this subdivision shall be ar- ranged so as to reflect the light away from any adjacent properties, streets or highways. j. . Landscaping and screening. Land- scaping shall be provided in new . parking lot construction and recon- struction. Landscaping is employed to diminish the visibility and impact of parked cars by screening and vi- sually separating them from sur- rounding activities and the street; to provide shade and relief f. v." paved 10,000 to 24,999 square areas; to channel the flow of traffic; feet and generally contribute to good site 25,000 to 49,999 square design. Trees, shrubs, ground cover- feet For each additional ing and earth benning shall be used 50,000 square feet or ma- for lot landscaping. Every parking jor fraction thereof 1 facility abutting property located in residential districts shall be sepa- b. Each loading space shall be not less rated f. u..... such property by a wall, than ten feet in width, 30 feet in planter ot.a view-obscuring fence; or length and with an overhead clear- a raisedlandscaped mound of earth, ance of 14 feet. sand stones or the like; or by a c. The space may occupy all or any part pennanently maintained compact ~v- of any required yard or court space, ergreen hedge; or a combination of except for any exterior side yards; any of the preceding treatments. Such and shal.1 not be located closer than screening devices shall be six feet in 50 feet to any lot in an R district, height, measured from the grade of unless inside a structure or sepa- the finished surface of such parking rated from such district by a wall not facility, along the abutting residen- less than eight feet in height, pro- tial property. vided a conditional fence pennit is S bd 25 Off load' . . . approved. u. .1. -street tng factlttres. Off- (Ord No 831 9-3-96) street loading facilities shall be regulated as fol- * . . , lows: . Subd. 26. Sign regulations. Sign regulations (1) Purpose. The purpose of the regulations for this section are as follows: in this subdivision is to reduce street (1) Purpose. Signs have an impact on the c~ngestion and traffic hazards; and to add character and quality of the environment. f 31-1 . . to the safety and convenience of the com- munity. Adequate, attractively designed and functional facilities for off-street load- ing shall' be incorporated asnecessaiy in conjunction with new uses of land in the city. (2) General provisions. For every building erected, which is to be occupied by man- ufacturing, storage, warehouse, retail and/or wholesale store, market, hotel, hos- pital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material and merchandise, off-street loading areas shall be provided in accordance with the require- ments in this subdivision. (3) Required areas. Required areas are as follows: a. Gross Floor Area Required Loading Spaces 1 2 CD31:68 ZONING .~ . They attract or repel the viewing public and affect the safety of vehicular traffic. As a historic community. this city is unique. The proper control of signs is of particular importance because of this historical qual- ' ity and uniqueness. Signs must be kept within reasonable boundaries consistent with the objectives and goals pf the com- munity to retain its special character and economic advantages which rest in part on the quality of its appearance. The standards in this subdivision are there- fore adopted to regulate signs. (2) Permits required. All signs require both design review approval 'and a building permit. An application for design review may be obtained In,.u the community development director. The application must contain the following information: a. A drawing of the proposed sign show- ing dimensions and describing mate- rials. lettering. colors, illumination and support systems. . b. Photographs of the building face and the building faces of any a<ljacent buildings. c. A drawing of the building face and site plan showing the location of the proposed sign. d. . A cross section of the building face . showing how the sign will be at- tached and how far it will extend from the building. e., Any pictorial proof or other informa- tion that the sign is of historical significance or is a reproduction of an historic sign. . f. A building sign plan for a building with more than one use or business. showing all signs. (3) Definitions. The following words. terms and phrases. when used in this subdivi- sion. shall have the 'meanings ascribed to them in this subsection. except where the context clearly indicates a different mean-. ing: Awning sign means any sign that is painted on or attached to an awning. . CD31:69 f 31-1 Banner means a sign intended to be hung , either with or without a frame possessing character. letters. illustrations ororna~ mentations applied to paper. plastic or fabric, but not flags, emblems and insig- nia or political, professional, religious, educational or corporate if the flags, em- blems and insignia are displayed for non- comm!31"cial purposes. Billboard means a nonaccessory sign erected for the purpose of advertising a product, event. person or subject not usu- ally related to the premises on which the sign is located. Building sign plan means an illustration that shows all signs on a building or group of related buildings. Construction sign means a sign, at a con- struction site identifying the project. Directional sign means an official sign that contains no advertising and provides direction or instruction to guide persons or vehicles. 2-.E:.C\. -:r-r. Electrical sign means signs and displays using electrical power. Flashing sign means an illwninated sign that is not kept constant in intensity of light or color when the. sign is illumi- nated. Freestanding sign means any stationary. self-supporting sign standing on the ground not aftlxed to a structure, including mon- ument. ground or pedestal signs. Governmental sign means a sign erected by a governmental unit for identification or traffic. . Graphic sign means any mural or picto- rial scene or graphic design painted on the side of a wall or building or painted on a sign board affixed to a wall and in which a mural or scene has its purpose artistic effect. Historical sign means a sign thai is of historical significance or that is an histor- ical resource within the meaning of Minn. Stat. ch. 116B. f 31-1 . . . ~. 4-. STILLWATER CODE Holiday sign means signs or displays that depict messages regarding a national, state or local holiday. Illuminated sign means a.. sign that.is lighted by anartificlallight sOQrce either directed upon it or illuminated from an interior source. Integral sign means a commemorative table permanently constructed as part of a building. Marquee sign means a permanent roof- like structure extending from part of the wall of a building and constructed 'of du'..- / - rable material. / "..i" Mobile sign means signs on wheels or that can be easily moved from place to place. I Motion sign means a si~ that revolves, rotaies, has any moving parts or gives the illusion of motion. . \ Nameplate sign means a sign that states the name and/or address.6f the business, industry or occupant. / Political sign means signs announcing a candidate seeking office or issues to be voted upon on a public election. Portable sign means a sign that is de- signed to be moved. Projecting sign means a sign projecting from a building wall. Public signs means official signs depicting danger, safety, trespassing, traffic speed limits, scenic or historical points of inter- est and memorial plaques. Public utility sign means signs that iden- . tify public utilities. . Sign means a display, illustration, struc- ture or device that directs attention to an object, product, place, activity, person, in- stitution, organization or business. The term does not include the United States flag or a governmental flag properly dis- played. Sign area means the area framed visually by the construction, design or layout oC a sign. CD31:70 Sign structure means the supports, up- rights, braces and framework oC the sign. Temporary sign means a sign constructed of paper, cloth, canvas or other similar lightweight material and signs intended to be displayed for a short period of time. Three-dimensional sign means a type of projecting sign that depicts a physical object. Real estate development sign means a sign intended to sell or promote a development project of three or more acres. Real estate sign means a business sign placed upon a property advertising that property for sale, rent or lease. Roof sign means a sign that is erected over the roof of a building. ~ Rummage sale sign means a sign adver- -, ~ tising a rummage or garage sale. Wall sign means a sign attached, painted . on the wall of abuilding with the exposed face of the sign plane parallel to the plane of the wall. Window sign means a sign aft1xed to a window or door glass, but not merchan- dise on display. (4) General provisions. The following provi- sions apply to signs located in all zoning districts: a. All signs and sign structures must be properly maintained and con- structed of sufficiently permanent materials so they will resist weath- ering.Any existing sign that is rot- ted, unsafe, deteriorated, defaced or . altered must be repaired or replaced~ b. Electrical signs must be installed according to the state electrical code. . ~ c. No signs other than governmental signs may be erected or temporarily placed within any street right-of- way or upon public lands or ease- ments or right-oC-ways without city council approval. ZONING . d. No sign or sign structure. may be erected or maintained if it prevents free ingress or egress from. any door, window or fire escape. No sign may be attached to a standpipe. or.. fire escape. e. A30-day temporary sign permit may c. be granted by the community devel- opment director for special business d. events. . f. Signs or supporting structures not used for signs for 12 consecutive months must be removed. g. The city may grant a permit to locate signs or decorations on, over or within the right-of-way for a specified pe- riod of time. h. All signs must be compatible with the building and neighborhood where located. i. No more than three flags may be e. . displayed outside of a building. j. A sign must not obscure architec- tural features of a building. k. A building address is not a sign. t The terms of this subdivision may be f. waived if the sign is an historic re- )k,. source or if the sign is a reproduction of an historic sign. m. Graphic design signs require a spe- cial use permit. (5) Permitted signs.. The following signs are g. allowed without a permit in all zoning ~istricts but must comply with this sub- division: a. Public signs, integral signs, political signs and safety signs. . h. b. Size. The size of a political sign is regulated as follows: 1. Residential and CA districts: The maximum sign size is six square feet in area with a max- imum height of four feet. i. 2. IP districts: The maximum size . is 35 square feet in area. Not- CD31:7l f 31-1 withstanding this provision, all noncommercial signs of any size may be posted from August 1 in a state general election year until ten days following the state election. Holiday signs for a period not to exceed 60 days. Construction signs. The signs must be confined to the site and must be removed within two years of the date of issuance of the first building per- mit or upon completion of the project, whichever occurs first. One sign is permitted for each street the project abuts. No sign may exceed 32sq'uare feet in multifamily residential, com- mercial and industrial districts and 12 square feet in single-family resi- dential districts. Real estate signs are limited to six. square feet in residential districts and 32 square feet in commercial districts. Signs must be removed within ten days after sale or rental- of property. Rummage sale signs not exceeding four square feet located on private property that conform tathe appli- cable provisions of this ordinance and are removed at the termination of the sale. One nameplate sign, placed on a. wall of the structure, for each dwell- ing not exceeding two square feet in area per structure. No signs shaUbe so constructed as to have more than two surfaces. One nameplate for each dwelling group of six or more units. The sign may not exceed six square feet in area per surface. No sign maybe constructed to have more than two surfaces. Real estate development project signs. For a development project of three to 25 acres, one sign not to exceedlOO . 31-1 STILLWATER CODE . square feet of advertising surface.. may be erected on the project site. For projects of 26 through 50 actes~' one or two signs not to exceed 200 aggregated square feet of advems- .. ing surface may be erected.FOJ:" projects over 50 acres, one, two or three signs not to exceed 300 8&&-,,- gate square feet of advertising sur- face may be erected. No dimeasien shall exceed 25 feet exclusive of sup- porting structures. The sign may not remain after 95 percent of the project is developed. The permit for the sign must be renewed annually by the city council, and must be bordered with a decorative material compati- ble with the surrounding area. If the signs are lighted, it must be illumi- . nated only during those hours when . business is in operation or when the model homes or other development are open for conducting business. No sign permit is required for win- dow signage that does not cover mOre than one-third of the total area or the window in which the sign is displayed. Prohibited signs. The following signs are prohibited in all zoning districts: a. Any sign that obstructs the vision of drivers or pedestrians or detracts from the viSibility of any official traf. fic control device. b. Any sign that contains or imitates an official traffic sign or signal, ex- cept for private, on-premises direc- tional signs. c. Off-premises advertiSing signs ex.: cept as regulated by this subdivi- sion. d. Any sign that moves or rotates in- cluding electronic reader board signs, except approved time and tempera- ture infonnation signs and barber poles. e. No sign may display any moving parts, be illuminated with any flash- j. .' (6) .*. . CD31:72 ing or intermittent lights or may be animated, except time and tempera- ture information. All displays must be shielded to prevent any light from impairing the vision of any driver. NQ device may be illuminated to obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. f. Roof signs. g. Any sign with banners, pennants, ribbons, streamers, string of light bulbs, spinners or similar devices, except where used for noncommer- cial purposes or as part of an ap- proved sign plan. h. Portable signs including signs with wheels removed, attached tempo- rarily or permanently to the ground. Signs mounted on a vehicle for ad. . vertising purposes, parked and visi- ble from the public right-of-way, ex- cept signs identifying the. related business when the vehicle is being . used on the normal day-to-day oper- ations of that business. Hot air or gas filled balloons or semi truck um- brellas used for advertising. i. Signs painted directly on building walls unless approved by sign. per. mit. j. Illuminated signs or spotlights giv- ing off an intermittent or rotating beam. k. Revolving beacons, beamed lights or similar devices. 1. Signs supPOrted by a guy wire. . m. No sign may be erected, placed or. maintained by any person on rocks, fences or trees. n. No sign may be erected that will interfere with any electric light,. power, telephone or telegraph wires or the supports thereof. o. Graphic design signs unless ap- proved by sign permit. ZONING .... t. ... (7) p. Billboards. Permitted signs in residential districts. Signs permitted in residential districts are as follows: a. Professional nameplate wall signs not exceeding two square feet in area. b. Integral signs. c. Political signs. d. Real estate signs. e. Construction signs. Bulletin boards or public informa- tion signs not over 32 square feet located only on the premises of pub- lic, charitable or religious institu- tions. Permitted signs by a sign permit in the central business or. general commercial district. The following signs are permitted in the CBD-central business or CA-gen- eral commercial districts with a sign per- mit: f f f. (8) . . . a. General requirements. All signs in the CA-general commercial or CBD- central business districts are regu- lated by the following requirements: 1. Number. One wall, monument, awning and canopy. or three dimensional sign is allowed per business. When a building or business abuts two or more pub- lic streets, an additional sign located on each street building face is allowed. 2. Sign plan. When there is more than one business or use in a building with more than one sign, a building ~ign plan must be provided with the sign per- c. mit application. 3. Permit review. All signs in the central business district re- quire a design permit and meet . the approved downtown design guidelines for sign age. 4. Other requirements. All signs . must meet area, location and height requirements. CD31:73 f 31-1 b. Wall signs. Wall signs in the CBD or CA districts shall meet the following requirements: . 1. Area. The total building signage may have an aggregate area' not exceeding one square foot for each foot of building face ' . parallel or substantially paral- lel to a street lot line. 2. Location. A wall sign may not project more than 16 inches from the wall to which the sign is affIXed. 3. Height. A wall sign may not project higher than the p~pet line of the wall to which' the sign is affixed or 15 feet as measured f~ VLU the base. of the building wall to which the sign is affixed, whichever is lower. 4. Lighting. Externally illuminated or back lit letters are allowed, but no internally illuminated signs are allowed. 5. Special conditions. Where a' principal building is devoted to. two or more permitted uses, the operator or each use may install a wall sign for their use. A sign plan must be submitted for the entire building. The to- tal gross signage for. the entire building may not exceed one square foot for each f~t of the building face parallel, or sub- stantially parallel, toa street lot line with a minimum of 25 square feet per business. . Freestanding signs. Freestanding signs in the CBD or CA districts shall meet the following require- , ments: 1. Area. The area of a monument type freestanding sign may not exceed 30 square feet. 2. Location. A monument sign may be located in any required yard f 31-1 . . . STILLWATER CODE ~,. 4.. 1:iut must have a setback of 15 feet from any point of vehicular access, public roadway orl'_~!"... erty line. . 3. Height. A monument sign. may . not project higher than six feet, as measured from the base of sign or grade of the nearest roadway, whichever is lower. 4. Landscaping. The area around a monument sign must be land- scaped. 5. Lighting. Externally illuminated or back lit letters are allowed, but no internally illuminated signs are allowed. d. . Awning and canopy signs. Awning . and canopy signs in the CBD or CA districts shall meet the following re- quirements: 1. Area. The gross surface of an awning or canopy sign may not exceed 50 percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affIxed. 2. Location. An awning or canopy sign may not project higher than the top of the awning or canopy or below the awning or canopy. e. Three-dimensional sign. The total area of a three-dimensional sign in the CBD or CA districts is deter- mined by enclosing the largest cross section of the sign in an easily rec- ognized geometric shape and comput- ing its area. The area may not ex- ; ceed nine square feet. f. Projecting sign. A projecting sign in the CBD or CA districts shall meet the following requirements: 1. Area. The total area of a pro- jecting sign may not exceed six square feet. 2. Special conditions. A projecting sign must be easily visible from the sidewalk and not be a haz- ard to pedestrians. CD31:74 ..... 3. Lighting. If lighted, projecting signs must be externallyillumi- nated. (9) . Permitted signs by a. sign. permit inBP- business park districts. All commercial, office and industrial signs in all BP dis- tricts are subject to the following ~ndi- tions: One wall, freestanding, awning or canopy sign per business is permitted subject to the following requirements: a. Wall signs. Wall signs in the BP district shall meet the following re- quirements: 1. Area. The gross surface area of a wall sign may not exceed one square foot for each foot of build- ing, parallel or substantially par- allel to the front lot line. 2. Location. A wall sign must be located on the outennost wall of any principal building but may not project more than 16 inches from the wall to which the sign is affIXed. The location and arrangement of all wall signs is subject to the review and approval of the commuriity development director. 3. Height. A wall sign may not project higher than the parapet line of the wall to which the sign is affIXed or 20 feet as measured from the base of the building wall to which the sign is affIXed, whichever is lower. 4. Special conditions. Where a principal building is devoted to two or more uses, the operawr of each use may install a wall sign upon each share of the building. A sign plan must be submItted for the entire build- ing that shows the location, sizes, types and elevations of all signs. The signs are subject to the following restrictions: i. All signs must be visually consistent in location, de- sign and scale. .~. . .": ZONING ~. ... . n. The total gross signage for the entire building shall not exceed one square foot for. each foot of building face parallel, or substan.: tially parallel, to a street lot line or a minimum of 25 square fee! per busi- ness. b. Freestanding signs. Freestanding signs in the BP district shall meet the following requirements: 1. Area. The gross surface area of a ground sign may not exceed 100 square feet for each ex- posed face nor exceed an aggre- gate gross surface area of 200 square feet. 2. Location. A ground sign must be set back 15 feet from the front or side property line. 3. Height. A ground sign may not project higher than 25 feet,as measured from base of sign or grade of the nearest adjacent roadway, whichever is lower. 4. Number. There may be one free- standing sign per development site. c. Awning, canopy or marquee signs. Awning, canopy or marquee signs in the BP district shall meet the follow- ing requirements: 1. Area. The gross surface area of an awning, canopy or marquee sign may not exceed 50 percent of the gross surface area of the . awning, canopy or marquee to which the sign is affixed. 2. Location. A sign may be affIXed to or located upon any awning, canopy or marquee. 3. Height. An awning, canopy or marquee sign may not project higher than the top of the awn- ing, canopy or marquee to which the sign is affixed. . CD31:75' f 31-1 d. Multitenant master sign program. A .' building master sign program is (for multi tenant commercial buildings) besides the individual tenant and occupant signs. A building master identification sign is permitted ac- cording to the following require-. ments: 1. Building master identification signs may not contain the names of any tenants or occupants of the center. 2. If the multitenant cominercial building has a floor area of 40,000 square feet or less, the building may have a freestand- ing sign with a maximum of one square foot of sign for each five feet of building frontage or. 40 square feet maximum with a maximum height of eight feet. 3. If the multitenant commercial building has a floor area greater , than 40,000 square feet, but less than the 100,000 square feet, the entry may have a mas- ter identification sign with a maximum of 75 square. feet on each side and with a maximum height of 20 feet. 4. If the multi tenant commercial building has a floor area of greater than 100,000 square feet, the center may have a master identification sign with a maximum area of120 square feet on each side and' a maxi- , mum height of 25 feet. .. (10) Directory signs. Directory signs are'used to gUide pedestrians to individual busi- nesses within a multitenant commercial area and are pennitted in BP business park districts. subject to design review. a. Placement. Directory signs must be placed on the site of the development and may be erected only in internal pedestrian access areas and not in vehicle access areas. f 31-1 ~ILLWATER CODE 4.-. .. . .. b. Area. Adireetory sign may have max-' imum area on one square foot for each business listed on the sign and. foursquare feet for the name of the building or. complex. . c. Size. Directory signs may be free- standing but may not exceed 61/2 feet in height. f f d. Use. A directory sign may only be used for directions and identifica- tion. (11) Automobile service station signs. Automo- bile service stations may have one wall sign and one ground sign, subject to the following conditions: a. Wall signs. There may be no more . than one wall sign with a maximum sign area of one square foot for each linear foot of building frontage. b. Freestanding signs. There may be no more than one freestanding sign for each principal building. A freestand- ing sign may be set back 15 feetfrom the front and side property line. A freestanding sign may not project higher than 20 feet as measured from grade or contain more than 65 square feet of sign age. c. Service bay and island identification signs. Service bay and island identi- fication signs are permitted provid- ing direction or instruction to per- sons using the facility but containing no advertising material. (12) Special sign height limits. Because of the character of the area, including existing and proposed land use, special sign height limits for freestanding signs are required . for certain streets as follows: a. Curve Crest Boulevard from South Greeley to Washington Avenue and Orleans from Washington Avenue to County Road Five, six feet. b. County Road Five from Highway 36 to Croixwood Boulevard and South Greeley from Orleans to Highway 36, 20 feet. .. CD31:76 c. Washington Avenuer..u~ T~nlc.;& to Orleans Street, six feet. (13). Nonconforming uses. Nonconfonning signs that are unlawful on December 20,1988, have rights outlined in subdivision (9) of this section with respect to their alter- ation, extension, restoration and abandon- ment. Any person violating or failing to comply with any provision of this subdi- vision will, upon conviction, be guilty of a misdemeanor. (14) Violations. If violations ofthis subdivision are unabated 30 days after written notice to the record owner of the property on which the sign is located, the city may proceed to abate and remove the violation and, if deemed necessary, to have cost thereof specially assessed against the lot or parcel where the violation was located. (Ord. No. 764, 8-4-92; Ord. No. 690, 2-7-89) Subd.27. Grading permits. (1) Enumeration of actions requiring. No per- son may undertake, authorize or permit any of the following actions without fU'St having obtained a grading pennit from the city: a. Any excavating, grading, filling or other change in the earth's topogra- phy resulting in the movement of more than 50 cubic yards of mate- rial, except in any designated wetlands, floodplain or shoreland dis- trict; . b. Any excavating, grading or filling or change in the earth's topography in. any designated wetlands, floodplain.. or shoreland district; c. Any mining operation for gravel or other materials; or d. .Any changing of a natural drainageway or drainage pattern that results in increasing or intensifying the flow of surface water upon adja- cent property. (2) Activities Mt requiring. Notwithstanding subsection (1) of this subdivision, no grad- ....:4... ,., ...03 $1: ~ }'-;'" V'~er'1 'F'::'~'Jc:;, . , . . ... .-. .. .. . "f. ( . ~.. Q). 0> o . :"0.:. . .. ". .." . VJ VJ @ 0.:. >.. ~ o :>. ......)(.. ....:.~.;.. U. t;j. " . 'V. ."'A - L "L 'E y' " :....'~. ... . . Spring her~lds garage sales. The city of Stillwater has a sign ordinance that pro- hibits all signs on the boule. vard, on electrical and phone poles and another persons' property, with the exception of traffic signs. This includes all garage sale signs and real . estate signs. One sign is per- mitted on the property that is having the garage $ale or that is for sale. If you have any questions, call Sue . Fitzgerald, city hall at 651- 430-8822. . E-Scholar links to federal funds E-Scholar is a one-stop shopping Web site that con- solidates hundreds of feder- ally funded educational pro- g~ams from scholarships to internships, not only here in the United States but around the world. White House Fellow Major Barry Williams spent several months researching the hun- dreds of educational pro- grams funded by the federal government. He discovered they existed, but. were diffi- cult to access because the programs were spread out among many federal agen- cies. "I discovered so many great avenues for anyone interested in pursuing educa- tional opportunities, but was dismayed at the disorganized manner in which they were located," Willfams said. The Web site, www.studen- tjobs.gov / e-scholar.htm, is linked from the OPM.GOV USAJOBS Web site. It.. con- tains more than 280 .federally . funded educational programs and has more than $400 mil. lion in committed funds. New book looks at St. . Croix Valley' A new historic reference about the St. Croix River.area has been released by the St. Croix Scenic RiveI:~ay. Authors Eileen McMahon and Dr. Theodore Karamanski say in their book "Time and the River: A History of the St. Croix," "Rivers are highways that bring together people {rom distant places. Rivers 'also serve as. barriers and bound- aries. For the people or" its valley, the St. Croix has been a source of hope and renew- al, as well as a vehicle of transportation." The National Park Service contracted with Karamanski of Loyola University to Write an historic overview of the area that is now known as the St. Croix National Scenic Riverway. The book traces the human history of the val- ley from European contact with the Ojibwe and Dakota to its status tOday as part of the National Park: System. Topics include fur trading, logging, immigration. estab- lishment of government and towns, and development as a recreation area. Copies have been sent to libraries and historical soci- eties along the Riverway. For more information, call Jean at 715-483-3284, ext. 617. -I' Octagon HOUSE Area volunteers and staff die to prepare for the May lOpE Dawn Aerts, Dolores Taavolc George and Eldora Larson. I Ing reDecting the 2003 deco taken from stor,!ge. and put ' Week honors 911 services ex pu tic co The Washington County an Board proclaimed the week of pt: April 13 as Public Safety Pl Telecommunications Week in se Washington County and W. an c~. ge dh as' sit Money talks at Bayport School ...... - ~~ ';!l,'i:!iiln~""'" ~*~~~tIliI':fv ~.JJ=5J"~liit'Afjml#;-..... :,...... 1': " ~" , "t .. \L. . CY3 Wednesday . The St. Croix Valley's Knights to sponsor Easter. egg hunt on Saturday Coleman on Stillwaterbri 'We've . lot the . stars linel Children of all ages are invited to participate in an Easter egg hunt the Solanus Casey Council 1#1632 Knights of Columbus will host on Saturday, April 19. at Washington Park In Stillwater. The hunt, now in Its fourth year, will begin promptly at 3 p.m. Preliminary a~tlvlties - including a chance fqr your child to have their 'picture ta!<en with the Easter Bunny - will begin at 2 p.m. The park is located Imme. diately.north of Lakevlew Hospital on Greeley Street. . Watch those signs - it's garage-sale time Senator visits downtown to support proposed crossing, levee project By MARK BROUWER Managing Editor STILLWATER - With Republicans in control of offices from the White House down through the state house, Sen. Norm Coleman said the chances for an interstate bridge to be built at Stillwater are as good as they're going to get. "We've got all the stars lined up to do the right thing for everybody," Coleman said yesterday at a meeting with Stillwater officials. "If we can't get it done now, we won't get it done at all." Coleman stopped at City Hall at 2:30 p.m. to hear Mayor Jay Kimble present a brief history of the Stillwater bridge project and to hear arguments for why a proposed $135 million, four-lane bridge should be built across the 5t. Croix River sooner, rather than later. In partic- ular, Kimble asked for Coleman's help in securing funding that would not only get the bridge built, but also cover the costs of accompanying imptovemef1ts to Highway 36, costs for protecting the St. Croix River from environmental dam- age, and costs for possibly preserving the Stillwater lift bridge. "We need funding and encourage- ment from state and federal agencies," Kimble said. "We need you to help to push along any agencies ... that don't seem to be working." Kimble' estimated that $214 million will be needed to see the project to fruition - $155 for the bridge (due to inflation, up $20 million from MnDOT's years-old, $135 million esti- mate), $9 million for environmental mit- igation and $50 million to upgrade Highway 36. . "We intend to be very helpful in get- ting this done," Coleman responded at the end of Kimble's remarks. late April may be the season for garage sales, but it is also the season when many people's garage-sale signs disappear. It isn't thieves who are confiscating them. Rather it's the Stillwater city government .. The reason, accordingto a reminder from City Hall, is a sign ordinance that prohibits you from posting garage-sale signs on boulevards, on electrical and telephone poles, and on properties other than your own. The ordinance applies to all garage sale signs, estate signs and real estate signs. Municipal traffic signs are exempt. . The ordinance permits one sign to be posted on the property that is hosting the garage sale. For more information, call City Planner Sue Fitzgerald at (651) 430-8822. Stillwater Mayor Jay Kimble makes his case for a new while U.S. Sen. Norm Coleman looks on. Coleman and _&_11 ____&. _L_..... __ L_____ !_~ ......'!IL___..__ _.__&._..,.1""", In hi Prairie to Ar -1"1-03 .0 Thursday, April 17, 2003 The Courier News 102 S. 2nd Street Suite #204 0 Stillwater, MN 55082 Phone: 651-439-4366 Fax: 651-439-4668 liml.. . o Obituaries ... Page 2 . . Sports ... Page 12 . City sign ordinance explained The city of Stillwater has a sign ordinance that pro- hibits all signs, with the ex- ception of traffic signs, placed in boulevards; on electrical and phone poles, and another person's prop- erty. This includes all garage sale signs, estate signs, and real estate signs. One sign only is permitted on the property where the garage sale is being held or the property that is for sale. Anyone with questions should contact Sue Fitzgerald at Stillwater City Hall, (651) 430-8822. Prairie burns planned 0 Between April 15 and May 15, prairie bums will be conducted on four of the native prairie sites in the ,... _1__ T"!I__ n__1_ n______ Stillwater .. .... .. The Birthplace of Minnesota ~.. - A:E':' .:\:"::2 .# I> t' . . . MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald, Planner Date: August 5, 2003 Subject: Sidewalk Use Licenses Background: The issue of outdoor seating in the Downtown was brought up at the July 15, 2003 meeting and Councilmember Wally Milbrandt requested that the resolution approving licenses for sidewalk use be discussed at the August 5, Council meeting. On February 17,1998, Council approved a resolution regulating sidewalk uses. At this time there are three permits issued. One permit for sidewalk use was issued to Savories, one for The Stillwater Grill (now DarIa's), and one for the now defunct deli, Marlene's. See attachments. .. ~ . RESOLUTION 98 - 43 APPROVING MUNICIPAL LICENSES FOR SIDEWALK USE FOR MARLENE'S DELI, STILLWATER GRILL, AND SAVORIES WHEREAS, a request has been received from Marlene'sDeli, Stillwater Grill and Savories Restaurants for a license to use the sidewalk in front of their establishments to serve food; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby approves the issuance of a Municipal License for Sidewalk Use to Marlene's Deli, Stillwater Grill and Savories. Adopted by Council this 17th day of February, 1998. Attest: . Jr~ &~ Morli Weldon, City Clerk , . -> .' . . . MUNICIPAL LICENSE The City of Stillwater, a Home Rule City of the Third Class ("City") hereby grants a license to Savories on the following terms and conditions: 1. The sidewalk that is subject to this license is an area described as follovv's: Sidewalk in front of business at 108 N. Main St. (Sidewalk). 2. Savories and its invitees are granted a non-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the owner's property. 3. The rights granted are non-exclusive and are subject to the superior right of the City who ~ay, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside if high windsor other bad weather threaten to blow the property about. The City reserves the right to require the property be taken inside at closing. 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 31, 1998. 8. In view of the uncertain term of the license and the limitedrights granted, no license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and nolI 00 dollars ($600,000.00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the City with a Certificate of Insurance evidencing such coverage. ./ . 10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from any claims, cause of action, suits or injuries that might arise or grow out of its use of the property and the exercise of its rights under this license. 1 I. This license is effective when accepted by Savories and evidence of insurance required by S7 is presented to the City. Approved by the City Council of the City of Stillwater this {7 t:t; day of j....LJ~ oct- ' 1998. CITY OF STILL WATER ~~z~ Jay ~~r / All t.ST: fYl~ / ~ Modi ~ldon, Clerk . ACCEPTANCE The terms of this license are accepted by the undersigned this .' 1998. day of SA VORlES By Its . 2 -> . . . MUNICIPAL LICENSE The City of Stillwater, a Home Rule City of the Third Class ("City") hereby grants a license to Marlene's Deli on the following terms and conditions: 1. The sidewalk that is subject to this license is an area described as follows: Sidewalk in front of business at 224 E. Chesnut St. (Sidewalk). 2. Marlene's Deli and its invitees are granted a non-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the owner's property. - 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside if high winds or other bad weather threaten to blow the property about. The City reserves the right to require the property be taken inside at closing. 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 31, 1998. 8 ~ In view of the uncertain term of the license and the limited rights granted, no .license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and nolI 00 dollars ($600,000.00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the City with a Certificate of Insurance evidencing such coverage. . . . -' .' 10. The licensee also agrees to indemnifY and hold the City of Stillwater harmless from any claims, cause of action, suits or injuries that might arise or grow out of its use of the property and the exercise of its rights under this license. II. This license is effective when accepted by Marlene's Deli and evidence of insurance required by 97 is presented to the City. Approved by the City Council of the City of Stillwater this /7 tt:;:,. day of F'.J~q--' 1998. CITY OF STILL WATER Ja~~ ATTEST: ~_.'. lJ).JJ~ Morli feldon, Clerk ACCEPTANCE The terms of this license are accepted by the undersigned this ,1998, day of MARLENE'S DELI By Its 2 . . . MUNI CIP AL LI CENSE The Cit)., of Stillwater, a Home Rule City of the ThirdClass ("City") hereby grants a license to the Stillwater Grill on the following terms and conditions: .. Sidewalk in front of business at 131 S. Main St. I. The sidewalk that is subject to this license is an area described as follows: (Sidewalk). 2. The Stillwater Grill and its invitees are granted a non-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the ovmer's property. . 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside ifhigh winds or other bad weather threaten to blow the property about. The City reserves the right to require the property be taken inside at closing. 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 31, 1998. 8. In view of the uncertain tenn of the license andthelimited rights granted, no license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and nolI 00 dollars ($600,000.00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the City with a Certificate of Insurance evidencing such coverage. . . . 10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from any claims, cause of action, suits or injuries. that might arise or grow out of its use of the property and the exercise of its rights under this lice,nse. I I. This license is effective when accepted by the StillwaterGrilland evidence of insurance required by 97 is presented to the City. Approved by the City Council of the City of Stillwater this 11 c::G day of 1..v!~ ' 1998. CITY OF STILL WATER LJu-Y%4 J~;;~ayor/ ATTEST: ACCEPTANCE The terms of this license are accepted by the undersigned this , 1998. day of THE STILL WATER GRILL By Its ") ,. I \.? ~Lrt~~:c;:/ ~ Formerly River Valley ArtCounci! ennecting the community and the arts . . July 25,2003 City of Stillwater Mayor Jay Kimble 216 N 4th ST Stillwater MN 55082 Dear Mayor Kimble, On behalf of the Board of Directors of ArtReach Alliance, thank you so much for your $500 sponsorship of the 8th Annual Stillwater ArtCrawl and ArtReach Alliance. We appreciate your continued support of the arts! As required by current tax laws, ArtReach acknowledges that it did not provide any goods or services in consideration for this gift. In 2003, we have undertaken a very full calendar of events, and are succeeding at connecting the community and the arts through all types of artist media. As we continue to grow, expand, improve our services, and provide the Stillwater community with access to the arts, we appreciate your dedicated commitment to our work. Thank you so much! 0> ..... a Q) u c .~ ro ..c u ro Q) ..... t ro ~ Sinc~ yty ~ Jammi Hansen Blair Executive Director o (0 U) ...- 0> ("I) '<t ...- LO (0 X ro l.L LO (0 '<t 0> ("I) '<t ...- LO (0 Historic Courthouse. 101 West Pine Street, Stillwater, MN 55082 II " \LMC .. l.-gwz 0{ Minnesota Citiw< Cis,.,. promoting =t:eIkmcg ~ League of Minnesota Cities 145 University Avenue West, St Paul, MN 55103-2044 (651) 281-1200 · (800) 925-1122 Fax: (651) 281-1299 . TOO: (651) 281-1290 www.lmnc.org . August 11,2003 Dear Mayor: Enclosed is the League of Minnesota Cities 2003-2006 strategic plan. The LMC Board of Directors is enthusiastic about the new directives this plan sets, and is committed to ensuring that the resources and services you rely on remain strong and meet your city's changing needs. You will recall that during the spring we asked for input into our strategic plan through an in- depth member survey. We also conducted focus groups, telephone interviews, and discussions at Regional Meetings to help determine what was most important to members and where we should focus the League's energy and resources. Based on this member input, we developed a draft strategic plan and again asked for your comments. At its June meeting the LMC Board of Directors approved a final version of the plan. As part of this process, the Board also approved a new mission statement for the League: "Serving Minnesota's cities through effective advocacy, expert analysis, trusted guidance, and collective action." We believe this mission more accurately portrays the work of the League and . will guide the efforts of the Board and staff going forward. In addition to sustaining ongoing programs and services, in 2003-2006 the League will focus on five goals: 1. Developing and advocating sound public policy and engaging members in the process. 2. Being Minnesota's authoritative resource on city issues. 3. Helping cities anticipate and respond to fiscal challenges, and build economically vibrant communities. 4. Building understanding and improving connections to and among cities. 5. Helping cities innovate and collaborate in pro actively serving their citizens. As you will see, each ofthe strategic plan's goals has a number of objectives, recognizing the great demand for a broad range of offerings. Yet we must still set priorities for the near term. At its July retreat the Board provided guidance for how League resources should be focused during the next fiscal year by setting eight priority objectives. These objectives fall into several key areas: · The League will continue to advocate on behalf of cities by being an authoritative source of information on city issues for state and federal officials and the media. · To help our members address ongoing challenges - particularly those related to fiscal issues - we will facilitate information sharing, develop tools and templates, and establish . a repository of best practices, case studies and comparative analyses. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER " ~ lEA G U E o F M INN E SOT A C I TIE S . Serving l11innesotas cities through effective i1dvocacy} expert analysis) trusted guidance} and collective action. Irate Plan IiIii Ie The League of Minnesota Cities is a membership organization representing more than 800 Minnesota cities. We work in the interest of cities and the R . communities they serve, achieving our mission through the expertise, involvement, and cooperation of our members, Board, and staff. ~ \ . League of ;\iinnesota Cities CiHes promoting excellence I / I , / ; , I jj; ~ L " .. C' -- S ~ ~ l1"~n~.. ili. ~ ~u~'!~~ for 2003~2006 . addition to j-ustaining its ongoing programs and services, the League will fOcus on thf fOlIowinrz initiatives: j CJ Develop and advocate sound public policy and engage members in the process. . Advocate the League's policies by being an authoritative source of information on city issues for state and federal officials, and the media. Strengthen relationships with the administration, the State Auditor's Office, and other state agencies that influence city fiscal policy. Implement a new policy development process that increases member participation and ownership, and yields effective and actionable policies. Work to build common-ground solutions when there are differences between cities on policy issues and legislation. Build member participation in advocacy by reaching out to uninvolved members, making it easier for members to take informed action, and improving tracking of member advocacy activities. . . . . . Be Minnesota's authoritative resource on city issues. . Improve access to the League's information and resources, particularly examining regional approaches, electronic communications, and the unique needs of elected officials. Provide unbiased, timely, complete, and accurate information and original research on City Issues. . . Assist cities by developing tools and templates, and establishing a repository of best practices, case studies, and comparative analyses. More clearly and consistently communicate the League's identity and mission. Continue to attract, retain, and support an exceptional staff. . . Help cities anticipate and respond to fiscal challenges, and build economically vibrant communities. . Connect cities ro grant opportunities, and help them apply for and administer grant funds. . IdentifY and examine new, stable sources of revenue for cities. . / / i / ;. ;./ . L . . C's Goals for 2003...2006 . Determine and communicate best practices and benchmarks for fund balances, fee structures, and other fiscal issues. . Facilitate information sharing and compile comparative analyses that help cities determine appropriate solutions to fiscal challenges. Foster discussion around innovative economic development ideas. . Build understanding and improve connections to and among cities. . Evaluate the League's current service delivery methods and explore new ways to improve connection to members and ease of access to League resources. Improve the level of direct League contact with elected city officials. Explore ways to foster better understanding of both differences and commonalities among Minnesota cities. Develop opportunities for cities to showcase themselves and learn from each other. . . . Help cities innovate and collaborate in proactively serving their citizens. . Build cities' knowledge and skills in addressing the growing cultural diversity of Minnesota, including assistance in implementing the "Building Inclusive Communities" action guide. . Develop resources and strategies around key demographic issues to help cities prepare for changing citizen needs and new opportunities. Create forums for the exploration of innovative approaches to addressing specific issues and challenges. Provide tools for cities to use in developing and implementing collaborative approaches. Explore how the League might provide services to assist cities with collaboration. Work with other governmental associations and groups that serve cities to increase collaboration, improve understanding among governmental units, foster common solutions, strengthen legislative advocacy, and facilitate statewide partnerships. . . . . I I / I I / , ! \~ lMC's Values . To achieve its mission, the League commits to these core values: Leadership Anticipating important policy issues and developing soundsolurions. Innovation' Applying creative ideas andstrategies to address city issues. Quality Ensuring that excellence and meni.ber satisfaction drive all that we do. . Partnership . '. . Developing alliances that add effectiveness, resources and perspective to Leagtieactivities. Diversity . . Valuing the diversity of JTIember cities. and the people they serve. . Professionalism Hiring, developing, retaining, and recognizing an exceptional staff. Trust Earning and sustaining the trust of city oftlcials, legislators~andother decision~makers. Stewardship Responsibly managing member resources to protect city interests and the vitaliryof the orgaI1lzatlon. 'j. , n '~ \LMC Leo..gue of i\rfinnesota Ciiies Cities promoting excellence I League of Minnesota Cities 145 University Avenue West, Sr.Paul, Minnesota 55i03~2044 (651) 281~1200 · (800) 925~1122 · Fax: (651) 281~1299 TOO: (651) 281~1290 · w\vw.lmnc.org / I J i I I I . r. ! I' , . r .Ufate.~ r-) V ,~ .~ ~ - - :::;--:::::: ~ -- -\~ THE BIRTHPLACE OF MINNESOTA J August 6, 2003 <<first name>> <<last name>> <<address>> <<city>> Subject: Participation in the Long Lake Management Technical Advisory Group Dear <<first name>>: . The City of Stillwater invites you to participate in the discussion of issues pertaining to the management of Long Lake water levels. The City is currently working with the Department of Natural Resources and Brown's Creek Watershed District to develop the ultimate plan for controlling water elevations on Long Lake. As part of this process we wish to include the input of various neighborhood interests surrounding the lake. Some of the issues we hope to address include flood protection, water quality, aesthetics, and recreational opportunities. Within the next 8-12 month we hope to complete a water level control project to eliminate the potential of flooding. Your input and participation in this process will provide guidance on the ultimate lake level control design. We anticipate that the Technical Advisory Group will meet three times. The first meeting is scheduled for August 20th at 4:00 p.m. The location ofthis meeting is City Hall Council Chambers. The Technical Advisory Group will have representatives from the City plus about ten other people including Brown's Creek Watershed District, the Department of Natural Resources, and lakeshore property owners. If you are available for the meeting on August 20th and would be willing to meet on two other meeting dates sometime within the next two months we hope you will sit on the Technical Advisory Group. Please contact Beth Neeck as soon as possible at (651) 430-8837 to give us an indication as to your availability. If you are unable to attend we desire that you contact us, and perhaps provide us with name of an alternative person that would be willing to serve in your place. Thank you for consideration we hope to see you on the 20th. Sincerely, " <I (J Klayton Eckles, PE City Engineer Cc: Sherri Buss City Council . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 #, " Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.usJ Thursday, August 14, 2003 11 :50 AM Pat Raddatz Washington County Board Agenda - 8/19/03 ." Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda August 19, 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 - Sheriff's Office - Jim Frank, Sheriff Status of Current Radio System, the Metro 800 MHZ Radio System and Grant Opportunities 5. 9:25 - General Administration - Jim Schug, County Administrator 6. 9:35 - Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 9:55 - Adjourn . 9. 10:00 - Washington County Regional Railroad Authority Convenes 1 ,. , A. Approval of the January 7 and April 15, 2003 RRA Minutes B. Congestion Mitigation Air Quality Grant Application .. Adjourn 10.10:40 to 11:10 - Board Workshop with Assessment, Taxpayer Services and Elections Present Findings of the Customer Service Strategic Planning Work Group ************************************************************************ Meeting Notices August 19 - Housing and Redevelopment Authority 3:30 p.m., 1584 Hadley Avenue North - Oakdale August 20 - Plat Commission 8:30 a.m., Washington County Government Center August 20 - Transportation Advisory Board 2:00 p.m., 230 East 5th St., Mears Park Centre - St. Paul August 20 - MICA 2:00 p.m., 161st Anthony Avenue - St. Paul August 21 - Workforce Investment Board 8:30 a.m., 2150 Radio Drive - Woodbury ~Ugust 21 - Minnesota Extension Committee 5:00 p.m., Washington County Government Center ************************************************************************ Washington County Board of Commissioners Consent Calendar - August 19, 2003 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Community Services A. Approval of resolution, Community Development Block Grant Subgrantee Agreement with the City of Stillwater and authorize the County Board Chair and County Administrator to sign the agreement. B. Approval of resolution, Community Development Block Grant Subgrantee Agreement with the City of Oak Park Heights and authorize the County Board Chair and County Administrator to sign the agreement. .. Approval to amend the Community Development Block Grant Citizen dvisory Committee by-laws. D. Approval of Fraud Prevention Investigation Plan and grant 2 .''- application for the time period of July 1, 2003 through June 30, 2005. " E. Approval of the July 1, 2003 through December 31, 2005 contract with Johnson Day Care and Respite Foster Care for adult day care and respite care services for alternative care, elderly waiver, community alternative for disabled individuals and traumatic brain injury eligible clients. . F. Approval to accept 2003 operational improvement grant of $5,600 for the Veterans Service Office. Housing & Redevelopment Authority G. Approval of resolution with respect to the $12,815,000 multifamily housing mortgage revenue bond (Valley Creek Apartments Project) Series 1987 approving an extension of the scheduled maturity date of the bond; and authorizing the execution and delivery of documents relating thereto. H. Approval of resolution with respect to the $10,100,000 multifamily housing mortgage revenue bond (Valley Creek Apartments Project - Phase II) series 1989; approving an extension of the scheduled maturity date of the bond; and, authorizing the execution and delivery of documents relating thereto. Public Health and Environment 1. Approval for County Board Chair and County Administrator to execute the agreement to enter into the Emergency Management Performance Grant (EMPG) with the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management. . Recorder J. Approval of the plat of South Scandia Settlement located in New Scandia Township. Sheriff K. Approval to accept a donation in the amount of $2,230 from a resident of Washington County to purchase wireless alarm equipment for monitoring construction sites. Transportation and Physical Development L. Approval to apply for a cooperating technical partners grant of $100,000 to provide additional funding to assist the county in mapping 100 year floodplain areas and streams in Washington County. M. Approval of proposed 2004 fees and charges for park related items. N. Approval of agreement with Ramsey County for the environmental and preliminary design services for reconstruction ofTH 120 from 1-494 to Woodbine Avenue in Woodbury. . Pat Raddatz, Administrative Assistant 3 , Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . . 4