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HomeMy WebLinkAbout2005-04-19 CC Packet . REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-08 Council Chambers, 216 North Fourth Street April 19, 2005 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of April 5, 2005 regular and recessed meeting s PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of 11th Annual Heritage Preservation Awards 2. Proclamation: Valley Reads Day - Monday, April 25, 2005 OPEN FORUM The Open Forum is a portion of the Council meeting to address Councilc:::msubJeqts which are not a part of the meeting agenda. The Council may take action or reply at the time ofthesfi3fement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 5. Commun' Dev. Dire 6. City En eer/PWD r 7. City Attorney 8. Finance Director 9. City Administrator CONSENT AGENDA* 1. Resolution 2005-81, directing payment of bills ~. Possible approval of special event for Hope House .. Possible approval of Veterans Memorial activities 4. Resolution 2005-82, resolution of the City G9Unqil regarding expenditure for Boards & Commissions PUBLIC HEARINGS 1. This is the date and time for a public hearing ider a new Off-Sale liquor license for Wine Child, Inc., DBA: Wine Styles to be located at 144 North M Street, applicant David Cagel. Notice was published in the Stillwater Gazette on April 8, 2005... (ResohJtion) 2. This is the date and time for a public heariIl9to consider a new Wine & Strong Beer liquor license for Cesare's Marketplace, LLC, D are'siMarket Place located at 610 Main Street N., Suite 100, applicant Leslie Alexander. N published in the Stillwater Gazette on April 8, 2005. (Resolution) 3. This is the date and time f ring to consider a new Off-Sale liquor license for Cesare's Marketplace, LLC, DBA: rket Place located at 610 Main Street N., applicant Leslie Alexander. Notice was published in t r Gazette on April 8,2005. (Resolution) UNFINISHED BUSIN 1. Farmers Ma 2. Possible a 3. Possible s.e S fpposal for 2005 Of 2p05 Lumberjack Days Agreement (Resolution) ihg of an Ordinance No. 957, amending Chapter 52, Section 52-11, Child Curfew NEW BUSI 1. Possi roval of variance request for septic system for 2240 Orwell Court N. (Resolution) 2. Possible roval to advertise for an investigator for architectural survey 3. Possible approval of Boutwell Road Improvement Feasibility Study and Calling for Hearing (Resolution) 4. Possible approval of credit card processing for City Hall and agreement with RevTrak (Resolution) . 5. Possible approval of plans & specifications and ordering advertisement for bids for 2005 Seal Coat Improvement Project (2005-06) (Resolution) 6. Possible accepting of bids and awarding contract for the 2005 Street Improvement Project (Resolution) 7. Possible approval of resolution relating to the St. Croix River Crossing Project (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/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 requests, in which event, the items will be removed from the consent agenda and considered separately. . . 2 . REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-08 Council Chambers, 216 North Fourth Street April 19, 2005 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of April 5, 2005 regular and recess meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of 11th Annual Heritage Preservation Awards OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 5. Community Dev,Oirec;tor 6. City EngineerlPWD 7. City Attorney 8. Finance Director 9. City Administrator CONSENT AGENDA* 1. Resolution 2005-81, directing payment of bills 2. Possible approval of special event for Hope House 3. Possible approval of Veterans Memorial activities: . 4. Resolution 2005-82, resolution of the CityCouhcil regarding expenditure for Boards & Commissions PUBLIC HEARINGS 1. This is the date and time for a public hearing onsiCler a new Off-Sale liquor license for Wine Child, Inc., DBA: Wine Styles to be located at 124. North Maih$treet, applicant David Cagel. Notice was published in the Stillwater Gazette on April 8, 200$. (Re.$olqtion) 2. This is the date and time for a public hearing t onsider a new Wine & Strong Beer liquor license for Cesare's Marketplace, LLC, DBA: Cesare's rket Place located at 610 Main Street N., Suite 100, applicant Leslie Alexander. NoN Cis: published in the Stillwater Gazette on April 8, 2005. (Resolution) 3. This is the date and time for a publhearing to consider a new Off-Sale liquor license for Cesare's Marketplace, LLC, DBA: Cesare's~~rket Place located at 610 Main Street N., applicant Leslie Alexander. Notice was published in the Stillwater Gazette on April 8, 2005. (Resolution) UNFINISHED BUSINESS 1. Farmers Market Proposal for 2005 2. Possible approval of 2005 Lumberjack Days Agreement (Resolution) 3. Possible second reading of an Ordinance No. 957, amending Chapter 52, Section 52-11, Child Curfew NEW BUSINESS 1. Possible approval of variance request for septic system for 2240 Orwell Court N. (Resolution) 2. Possible approval to advertise for an investigator for architectural survey 3. Possible approval of Boutwell Road Improvement Feasibility Study and Calling for Hearing (Resolution) 4. Possible approval of credit card processing for City Hall 5. Possible approval of plans & specifications and ordering advertisement for bids for 2005 Seal Coat . Improvement Project (2005-06) (Resolution) 6. Possible accepting of bids and awarding contract for the 2005 Street Improvement Project (Resolution) 7. Possible approval of resolution relating to the S1. Croix River Crossing Project (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/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 . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-07 April 5, 2005 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Absent: Council member Polehna Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Public Works Director Eckles Finance Director Harrison Director of Administration Knauss City Clerk Ward OTHER BUSINESS Update on Librarv proiect Bill Hickey of the Stillwater Public Library Board of Trustees was present with an update on the library project. He stated the Board planned to provide updates on a monthly basis. He said McGough of Roseville has been selected as project construction manager and certain pre-construction activities have begun. A letter of intent has been signed to lease space in the Valley Ridge Mall to serve as temporary quarters for the library. It is likely the move to the temporary quarters will be made around May 15. Construction site work is expected to begin around May 1. It is estimated construction will take 12 months from start to finish. Councilmember Milbrandt asked if the Board was on track with the necessary Heritage Preservation Commission and Planning Commission approvals. Mr. Hickey stated that most necessary approvals have already been received; it is a matter of keeping the various entities informed as the project progresses. Fire Relief Association Jeff Cutler of the Fire Relief Association gave a Power Point presentation. Also present were Association Board of Trustee members John Buckley, John Nobles and Bill Peltier and the Association's financial advisor Colleen Hartman. The presentation highlighted the history and organization of the Association; benefit level increase options; benefit comparisons; and investment performance. Mr. Cutler noted the reason for the Relief Association is to retain and reward firefighters for their service to the City by providing a pension benefit. A member is fully vested after " City Council Meeting - 05-07 April 5, 2005 20 years of service and is eligible to receive the benefit at age 50. The City Council . approved the current benefit level of $3,500 in 1998, The request is to increase the benefit level by $350 in 2005 and 2006 to reach $4,200 in 2006. The Association suggested that the benefit level be adjusted by the annual CPI increase each year thereafter. Mr. Cutler pointed out that the Association could increase the benefit level without asking Council approval, but the Association has historically always sought approval. He pointed out that the current market value of the fund is $2.5 million; with liability of about $1.9 million and that the benefit level could be increased to $4,800 and still be fully funded, He noted that the Association has never asked for any City contribution and there is no cost to the City unless some type of catastrophic event was to occur, City Administrator Hansen said he supported the Association's request to increase the benefit level to $4,200 by 2006, but said he was concerned about the proposal to increase the level in subsequent years based on the CPI. He suggested revisiting the issue in 2007. Motion by Councilmember Harycki, seconded by Council member Milbrandt to adopt Resolution 2005-72, approving Fire Relief Association benefit level increases, $350 in 2005 and 2006, bringing the amount to $4,200 in 2006, and to review the benefit level amount in 2007, Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Council member Polehna . Workshop on traffic proiects Public Works Director Eckles gave a presentation related to road improvement projects in the annexation area. The Boutwell Area Transportation Study included a number of recommendations for traffic/road improvements. The primary source of funding for such projects has been Municipal State Aid, In addition to projects in the development area, old collector streets in the City need improvements. As a result, a significant shortfall in MSA funds is anticipated, he said. The presentation listed proposed projects and estimated costs through 2012. The bottom line is that in 2013, project costs total an estimated $10.15 million. MSA aid would total $3 million and possible assessments $2.7 million, leaving a shortfall of just over $4 million. Mr. Eckles suggested several solutions for the shortfall ranging from not doing the projects to imposing a transportation utility charge, forming street improvement districts or charging development impact fees, Mr. Eckles noted that cities had been unable to charge development impact fees in the past due to court challenges, However, the city of Rochester has successfully implemented such a fee, on an optional basis. If a landowner wants to develop and the road system is not adequate, the owner can . proceed with development if the owner pays a development impact fee or makes an equivalent contribution in actual road improvements. Page 2 of 12 # City Council Meeting - 05-07 April 5, 2005 . Based on 350 acres in the annexation area and development-related projects estimated at $4.3 million, a possible impact fee would be $12,900 per acre. Mr. Eckles noted the City currently charges developers storm water fees of $7,000-$8,000 and assesses developers for sewer and water improvements. Adding a traffic impact fee would bring the City's development fees to about $30,000 an acre, still"cheap" compared to other cities. The city of Woodbury, for example, has trunk area assessment charges of $50,000 per acre, he said. Mr. Eckles suggested holding off on any plat approvals until a decision is made on whether to proceed with such a fee. Imposing an impact fee will require an enabling resolution and Attorney Magnuson has been working on such a resolution. Council member Milbrandt noted that traffic issues will be a major concern for this Council and while he said he supported looking at any creative solutions, he did not feel that new residents and new development are the final solution to those issues. Council member Junker said the City ought to pursue investigating any options available for dealing with the traffic issues. Motion by Council member Harycki, seconded by Councilmember Milbrandt directing staff to prepare the legal and technical support for an enabling resolution. All in favor. STAFF REPORTS . Fire Chief Glaser reported that the Fire Service Study consultants would be making a site visit on April 20 and 21. He also noted that the DNR had imposed burning restrictions. Director of Administration Knauss reported that the consent agenda included a request for the release of capital outlay funds for replacement of carpet/flooring in the Police Department and training room. Finance Director Harrison reported that the auditors had completed the fieldwork. The next step in the process is the preparation of the financial statement. She stated several year-end transactions were on the consent agenda. City Administrator Hansen informed the Council that representatives of the Farmers Market and the Veterans Memorial Committee had met and arrived at a compromise to allow the Farmers Market to utilize the space in the upper River View lot that it has used for the past several years. He said the two groups were to meet again April 14 to resolve any outstanding issues. Mr, Hansen noted that the Farmers Market folks needed a council decision on the location at this meeting. Motion by Council member Harycki, seconded by Councilmember Milbrandt, to allow the Farmers Market to stay at the location in the upper River View lot. All in favor. . Mayor Kimble recessed the meeting at 6:00 p.m. Page 3 of 12 City Council Meeting - 05-07 April 5, 2005 ~ RECESSED MEETING 7:00 P.M. . Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Absent: Councilmember Polehna Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Planner Fitzgerald Public Works Director Eckles Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to approve the minutes of March 15,2005, regular and executive session. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Scott Kneeskern. Stonebridae PT A Plavaround Committee . Scott Kneeskern, representing the Stonebridge PTA Community Playground Committee, addressed the Council asking that the Council support the Park Board's recommendation to donate $30,000 to the Stonebridge playground project. He said Stillwater Township has pledge a 1:3 match of up to $15,000 based on the City's contribution. He spoke of the community-wide benefit of the project. A number of Stonebridge parents and students were in attendance to show their support. Councilmember Milbrandt, who serves on the Park and Recreation Board, stated the Park Board was unanimous in support of funding the project in the amount of $30,000, $15,000 in unallocated 2005 park funds and $15,000 from other park fund sources. The $30,000 City contribution will allow the committee to receive $10,000 from the Township. Councilmember Milbrandt also noted there is a possibility that plans to construct a basketball court at the Public Works building site may be flip-flopped with a basketball court at Stonebridge if constructing a court in conjunction with the playground project will result in cost savings. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to approve the $30,000 contribution as recommended by the Park Board. Councilmembers congratulated the Stonebridge committee and parents on their dedication. All in favor. . Page 4 of 12 . . . City Council Meeting - 05-07 April 5, 2005 Proclamation: BarbershoD Harmonv Week - Week of ADril 10 Mayor Kimble read a proclamation designating the week of April 10 as Barbershop Harmony Week and presented a copy of the proclamation to Mac Barlass, representing the local barbershop chorus. OPEN FORUM - No one wished to address the Council. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Council member Junker, to adopt the consent agenda with the addition of item No. 12, releasing capital outlay funds for carpet replacement in the Police Department and training room, Ayes: Councilmember Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Absent: Council member Polehna Resolution 2005-65, directing payment of bills Resolution 2005-66, approval of License to Use Real Property (Lily Lake Ice Arena) between the City and Washington County for Household Hazardous Waste Day on May 21,2005 Resolution 2005-67, approval of year-end transactions Resolution 2005-68, approval of agreement to revise legal description of easement Resolution 2005-69, authorizing to receive offers on two pieces of land owned by the City of Stillwater Resolution 2005-70, accepting quotes and awarding contract for Everett Street Lift Station Upgrade Resolution 2005-71, approval of agreement with Regions Hospital for EMS education Approval of installation of banner - St. Croix Events - Rivertown Art Festival - May 1- 23,2005 Possible approval to purchase of a new backup tape drive for the Resource Server Possible approval of Special Event for Friends of Stillwater Parks - Sunday, August 21, 2005 Possible approval of Special Event for March of Dimes Walk - Sunday, May 1, 2005 PUBLIC HEARINGS Case No. SUB/05-07. This is the date and time for a Dublic hearina to consider a re~uest from Adam Nvbera for a resubdivision of Lots 7 & 8. Block 7. The Leaends of Stillwater 3f Addition into one lot of 50.715 sauare feet located in the LR. Lakeshore Residential District. Planner Fitzgerald reported that the Planning Commission had approved the resubdivision request on March 14. Vacation of an utility/drainage easement is necessary to allow a house to be constructed on the combined lot. Page 5 of 12 City Council Meeting - 05-07 April 5, 2005 Mayor Kimble opened the public hearing. No comments were received, and the PUbliC. hearing was closed. Motion by Councilmember Milbrandt, seconded by Council member Harycki, to adopt Resolution 2005-73, Resolution Approving a Resubdivision of Lots 7 & 8, Block 7, the Legends of Stillwater 3rd Addition into One Lot of 50,715 Square Feet Located in the LR, Lakeshore Residential District. Ayes: Nays: Absent: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble None Council member Polehna Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-74, resolution vacating utility easements. Ayes: Nays: Absent: Council members Harycki, Junker, Milbrandt and Mayor Kimble None Council member Polehna Case No. SUB/05-0B. This is the date and time for a oublic hearina to consider a reauest from Jeffrev Cruz, Meadow View Homes. for a oreliminarv olat to subdivide a 67.351 sauare foot lot - . into 4 lots. Lot 1 - 15.105 sauare feet. Lot 2 - 17,014 sauare feet. Lot 3 - 18.200 sauare feet . and Lot 4 - 17,122 sauare feet located at 1030 St. Croix Avenue in the RA. Sinale Familv . ~ Residential District. Planner Fitzgerald noted this application was approved, with conditions, by the Planning Commission on March 14. Comments were received regarding drainage, tree removal, lot width and setbacks. The preliminary drainage plan has been reviewed by the Engineering Department and a final plan must be submitted for approval. She stated the resubdivision request meets the lot and setback requirements for the RA, Single Family Residential Area. Mayor Kimble opened the public hearing. The resident of 1001 St. Croix Avenue asked if there were any visuals of the new homes. He also said he had a concern with the width of the street and asked if there were any plans to finish Center Street. However, he said he had no complaints about the proposal in general. Mayor Kimble closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Harycki, to adopt Resolution 2005-75, Approval of Preliminary Plat to Subdivide a 67,351 Square Foot Lot into 4 Lots. Lot 1 - 15,105 Square Feet, Lot 2 - 17,014 Square Feet, Lot 3 - 18,200 Square Feet and Lot 4 - 17,122 Square Feet Located at 1030 St Croix Avenue in the RA, Single Family Residential District. Ayes: Nays: Absent: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble None Council member Polehna . Page 6 of 12 . . . City Council Meeting - 05-07 April 5, 2005 UNFINISHED BUSINESS Possible second readina of Ordinance No. 954, an Ordinance Amendina Chapter 41. Licenses. Permits and Proh ibitions*. Section 41-4 Entitled Peddlers and Solicitors of the City Code of the City of Stillwater City Attorney Magnuson stated in the past the City only required peddlers/solicitors to register, but did not require permits and there was no review process. He noted that solicitors have proven to be a nuisance. Mayor Kimble asked if there were exemptions for Scout groups and kids with lemonade stands. Mr. Magnuson said there is language exempting non-profit groups such as Scouts. Council member Harycki said he didn't see any language excluding kids selling lemonade. Mr. Magnuson said he would make sure the ordinance included such language. Council member Junker and Councilmember Milbrandt agreed to amend the motion to include the addition of such language. Motion by Council member Junker, seconded by Council member Milbrandt, to adopt Ordinance No. 954, an Ordinance Amending Chapter 41, Licenses, Permits and Prohibitions*, Section 41-4 Entitled Peddlers and Solicitors of the City Code of the City of Stillwater. Ayes: Nays: Absent: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble None Councilmember Polehna Possible second readina of Ordinance No. 955. an Ordinance Amendina Chapter 43. Liauor City Attorney Magnuson said this is primarily a housekeeping ordinance including changes suggested by City Clerk Ward that should make it easier to administer. There are no substantial changes to the ordinance; the one change is that a public hearing will now be required for a liquor license transfer. Motion by Council member Milbrandt, seconded by Councilmember Junker, to adopt Ordinance No. 955, an Ordinance Amending Chapter 43, Liquor. Ayes: Nays: Absent: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble None Councilmember Polehna Possible second reading of Ordinan<!E? N0: 8613. An Ordinc:m<!8 amending Chanter 51. Traffic. Section 51-8. reaulatina self-propelled devices City Attorney Magnuson stated the intent of the ordinance is to make clear what activities are prohibited, where such activities are prohibited and to allow the Council to adopt further restrictions by ordinance. He said language has been cleaned up from the first reading to include a definition of the term self-propelled devices. Page 7 of 12 City Council Meeting - 05-07 April 5, 2005 Council member Harycki said he still would prefer to give kids an alternative before making such activity illegal. Council member Milbrandt pointed out that the Park Board currently is working at getting some type of skate park facility in place by this summer. Mayor Kimble and Council member Junker both spoke of the dangerous manner is which some kids skateboard and noted that the intent of the Police Department isn't to arrest or ticket kids for a first offense; warnings will be issued first. . Councilmember Junker said he looks forward to the City having a skate park facility. Motion by Councilmember Junker, seconded by Councilmember Milbrandt to adopt Ordinance No. 956, An Ordinance amending Chapter 51, Traffic, Section 51-8, regulating self-propelled devices Ayes: Nays: Absent: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble None Councilmember Polehna Possible approval to prepare feasibilitv report for Boutwell Road During the afternoon workshop, Public Works Director Eckles explained the reasoning behind the proposal to improve the east portion of Boutwell Road at this time. While the intersection with Myrtle Street will never be ideal, he said the proposed improvements . would allow for a trail connection, some intersection improvements, and installation of guardrails, some sewer work and repair of bad portions of the roadway from Myrtle to Creekside, Ordering the feasibility study, he said, is part of the process that will enable the City to assess a portion of the costs to abutting property owners. Motion by Councilmember Milbrandt, seconded by Council member Junker to adopt Resolution 2005-76, resolution ordering feasibility report for the Boutwell Road Project (Project 2005-05). Ayes: Nays: Absent: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble None Councilmember Polehna NEW BUSINESS Possible approval of banner reauest bv OSI Phvsical Therapv Planner Fitzgerald said the request is to display a 4x8' banner for 60 days in commemoration of the business's 25 years of service. She informed the Council that staff recommends approval. Motion by Councilmember Milbrandt, seconded by Council member Harycki, to allow the requested banner to be displayed for 60 days. All in favor. Possible approval of Dock Permit for St. Croix Boat & Packet (Resolution) . Page 8 of 12 . . . City Council Meeting - 05-07 April 5, 2005 City Administrator Hansen said the Planning Commission had conducted its annual review and did not recommend any changes to the contract language. He said the Planning Commission commented on St. Croix Boat & Packet's contribution to the local economy. Mr. Hansen said he would recommend that the fees be increased from $1,350 per boat in 2004 to $1,400 per boat this year, a 3.7 percent increase. Motion by Council member Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-77, approval of 2005 Dock Permit with the recommended increase in fees. Ayes: Nays: Absent: Council members Harycki, Junker, Milbrandt and Mayor Kimble None Council member Polehna Park Board recommendation for Stonebridae Plavaround Eauipment This was acted upon following Scott Kneeskern's presentation to the Council. Possible approval of final olat combinina oarcels of land for clinic development Planner Fitzgerald said Stillwater Clinic has submitted plans to expand west of the existing clinic on Curve Crest Boulevard. Stillwater Clinic owns all three lots. The lots need to be combined so internal lot lines can be removed and setbacks measured from the perimeter of the newly formed parcel. She stated that staff recommends approval. Motion by Councilmember Milbrandt, seconded by Council member Harycki, to adopt Resolution 2005-78, Approving final plat for Stillwater Medical Group Clinic development and declaration of restrictive covenants. Ayes: Nays: Absent: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble None Council member Polehna Possible approval of resolution callina for a oublic hearina for a health care proiect pursuant to the Minnesota municipal industrial development act City Administrator Hansen stated the City has been approached by Lakeview Hospital asking that the City act as a conduit issuer of bonds to help finance construction of the Clinic project, a $30-$35 million project. He stated acting as a conduit issuer has no obligation on the part of the City for repayment of the bond and the bond issue does not count against the City's debt limit. Lakeview is required to use the City's bond attorney and pay any and all costs associated with the issuance, even if the bonds are never issued, he said. Page 9 of 12 City Council Meeting - 05-07 April 5, 2005 . Motion by Council member Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-79, Resolution Calling for a Public Hearing for a Health Care Project Pursuant to the Minnesota Municipal Industrial Development Act. Ayes: Nays: Absent: Council members Harycki, Junker, Milbrandt and Mayor Kimble None Councilmember Polehna Possible aooroval of feasibilitv reoort for Pine Street and callina for hearina on the imorovement Public Works Director Eckles noted that while Pine Street was reconstructed in 1995, the portion from Seeley to Olive was not done because it is a concrete section, a section done in 1967. While concrete last longer, he noted it is more expensive to repair. He showed photos of the deterioration of the section that will be repaired. He said there are about 20 properties in the project area, The proposal is to assess the abutting properties at a level similar to those in the Deer Path project area, about $3,500 per lot, half that amount for corner lots. At that rate, assessments would generate $46,000, with the remainder of the $183,000 to be paid with state aid funds. He said staff believes the project to be technically and financially feasible and recommends the report be accepted and hearing ordered. Councilmember Milbrandt stated that he thought the proposal to assess at a rate simil. to Deer Path was a reasonable approach. Motion by Council member Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005-80, resolution receiving report and calling hearing on Pine Street Concrete Rehabilitation Project (Project 2003-14). Ayes: Nays: Absent: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble None Council member Polehna Possible first readina of an Ordinance No. 957. amendina Chaoter 52. Section 52-11. Child Curfew City Attorney Magnuson said the intent is to make the City's ordinance consistent with Washington County's, Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to have the first reading of Ordinance 957, amending Chapter 52, Section 52-11, Child Curfew Ayes: Nays: Absent: Council members Harycki, Junker, Milbrandt and Mayor Kimble None Council member Polehna . Page 10 of 12 City Council Meeting - 05-07 April 5, 2005 . Possible aooroval of oarkina kiosk in the South Main Parkinq Lot City Administrator Hansen said the Downtown Parking Commission recommended construction of the kiosk to protect the machine, which is susceptible to moisture and heat, as well as provide a place for the parking lot attendant. Competitive quotes were received with the low bid of $29,746, plus $1,880 for electrical hookup, by Novak Construction. The intent is to have the kiosk completed by June, he said, Motion by Council member Junker, seconded by Council member Milbrandt, to approve proceeding with the parking kiosk. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) Mayor Kimble recognized Stillwater Area High School government class students and thanked them for their attendance. COMMUNICATIONS/REQUESTS Mayor Kimble noted the passing of Richard Colemier, member of the Charter Commission, Chamber Ambassador and former Fire Department member. . STAFF REPORTS (continued) Fire Chief Glaser reminded residents that the Department of Natural Resources imposed burning restrictions on April 4. Residents with questions can call the Fire Department. He stated that recreational fires are subject to different regulations; information on recreational fires is available on the City's web site. ADJOURNMENT Motion by Council member Junker, seconded by Councilmember Harycki, to adjourn at 8:13 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . Resolution 2005-65, directing payment of bills Resolution 2005-66, approval of License to Use Real Property (Lily Lake Ice Arena) between the City and Washington County for Household Hazardous Waste Day on May 21,2005 Resolution 2005-67, approval of year-end transactions Page 11 of 12 City Council Meeting - 05-07 April 5, 2005 Resolution 2005-68, approval of agreement to revise legal description of easement . Resolution 2005-69, authorizing to receive offers on two pieces of land owned by the City of Stillwater Resolution 2005-70, accepting quotes and awarding contract for Everett Street Lift Station Upgrade Resolution 2005-71, approval of agreement with Regions Hospital for EMS education Resolution 2005-72, approving Fire Relief Association benefit level increases Resolution 2005-73, Resolution Approving a Resubdivision of Lots 7 & 8, Block 7, the Legends of Stillwater 3rd Addition into One Lot of 50,715 Square Feet Located in the LR, Lakeshore Residential District Resolution 2005-74, resolution vacating utility easements Resolution 2005-75, Approval of Preliminary Plat to Subdivide a 67,351 Square Foot Lot into 4 Lots. Lot 1 -15,105 Square Feet, Lot 2 -17,014 Square Feet, Lot 3 -18,200 Square Feet and Lot 4 - 17,122 Square Feet Located at 1030 St Croix Avenue in the RA, Single Family Residential District Resolution 2005-76, resolution ordering feasibility report for the Boutwell Road Project (Project 2005-05) Resolution 2005-77, approval of 2005 Dock Permit Resolution 2005-78, Approving final plat for Stillwater Medical Group Clinic development and declaration of restrictive covenants Resolution 2005-79, Resolution Calling for a Public Hearing for a Health Care Project Pursuant to the Minnesota Municipal Industrial Development Act . Resolution 2005-80, resolution receiving report and calling hearing on Pine Street Concrete Rehabilitation Project (Project 2003-14) Ordinance No. 954, an Ordinance Amending Chapter 41, Licenses, Permits and Prohibitions*, Section 41-4 Entitled Peddlers and Solicitors of the City Code of the City of Stillwater Ordinance No. 955, an Ordinance Amending Chapter 43, Liquor. Ordinance No. 956, An Ordinance amending Chapter 51, Traffic, Section 51-8, regulating self-propelled devices . Page 12 of 12 < # . MEMORANDUM To: From: Date: Re: Mayor and City Council Sue Fitzgerald, Planner April 19, 2005 11 th Annual Heritage Preservation Awards May is National Preservation Month. The Stillwater Heritage Preservation Commission has selected the following individuals and businesses to receive one of their annual preservation awards. These awards are given on the basis that the project reflects the finest examples of carrying out the spirit and intent of the Historic District Design Guidelines. Jay and HPC Chairperson, Howard Lieberman will present each recipient with a plaque at the Council meeting, ------------------------------------------------------------------------------------------------------------ STILLWATER HERITAGE PRESERVATION COMMISSION PRESENTS . TOY LOUNGE 402 NORTH MAIN STREET Marita Stalee FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE HISTORIC DISTRICT DESIGN GUIDELINES SIGNAGE MAY 2005 ------------------------------------------------------------------------------------------------------------ STILLWATER HERITAGE PRESERVATION COMMISSION PRESENTS WHITEY'S 302 SOUTH MAIN STREET Randy Rogers and Kevin Dunn FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE HISTORIC DISTRICT DESIGN GUIDELINES . FA(ADE OF A BUILDING MAY 2005 . ------------------------------------------------------------------------------------------------------------ STILL WATER HERITAGE PRESERVATION COMMISSION PRESENTS THE ARCOLA BUILDING 270 NORTH MAIN STREET Melissa and John Upgren FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE HISTORIC DISTRICT DESIGN GUIDELINES RENOVATION OF A BUILDING MAY 2005 STILLWATER HERITAGE PRESERVATION COMMISSION PRESENTS . WARDEN'S HOUSE MUSEUM 608 NORTH MAIN STREET Hank Sampson, Vice President of Washington County Historical Society FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE HISTORIC DISTRICT DESIGN GUIDELINES HERITAGE AWARD MAY 2005 . Cit~ ob ~ UQQwateh, utA i~~e~ota cp hocQamatio~ ~~ WHEREAS, Valley Reads celebrates open books & open minds; and WHEREAS, Valley Reads strives to draw our rapidly growing community together to elevate the importance of reading; and WHEREAS, Valley Reads celebrates reading and works to help stop the steady decline in literacy and literary participation in our country; and WHEREAS, Valley Reads works community-wide to bring awareness to the value of reading together, sharing ideas and building community; and . WHEREAS, Valley Read realizes that who reads - how much, what kind of literary works, how often, and how much - helps to measure the well being of our community and our culture; and WHEREAS, Valley Reads seeks to promote literacy, community building, and expression across age groups and community lines by promoting the reading of one book together as a community, NOW, THEREFORE, I, JAY L. KIMBLE, Mayor of Stillwater, Minnesota does hereby call upon all of my fellow citizens to recognize the efforts of Valley Reads today and for future generations and that I declare Monday, April 25, 2005 as VALLEY READS DAY IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to l}e affixed this 19th day of April, 2005. uUa~Oh . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2005-81 . 1 st Line/Leewes Ventures 4AA Hockey Program All Tec Appletree Institute Aspen Equipment Aspen Mills Audio Visual Inc. Bryan Rock Products, Inc. Cartridge World Central St. Croix Cable Chemsearch Citi-Cargo & Storage City of Woodbury City of St Paul Clarey's Safety Equipment Clark, Luann Coke Davis Sun Turf Earl F Andersen Inc. Eckberg Law Firm Erickson, Ron Frank Madden & Associates Fred's Tire Galles Corporation Stuart Glaser Gopher State One-Call Government Finance Officers Association Hennepin Technical Heritage Printing Hillyard Holiday Fleet Ice Skating Institute International Code Council, Inc. Jay Bros., Inc. Jeff Holst Johnson Radio Communications League of Minnesota Cities Insurance Trust Mac Queen Equipment Inc. Magnuson Law firm Maple Island Menards Metropolitan Council MTI Distributing . Concession Supplies Ad In Section Booklet Fire Alarm Monitoring Retiree/Cobra-Health/hospitallnsurance Equipment Repair Supplies Uniforms Equipment Repair Supplies CL5 Gravel Replacement Toner Packing/Shipping Weed Killer Unit Rental 03/18 - 04/17 2005 Response Team Asphalt Inspection & Maintenance/Fire Extinguisher Cleaning at Public Works Soda For Concessions Grass Seed Sign Brackets Telephone Conference 23 pc Bit Set Professional Service Tire Change Gloves, Can Liners, Tissue & Towels Meeting Supplies Gopher State One-Call Accounting Books & Membership Commercial Vehicle Recertification Skating School Flyers Cleaning Supplies Fuel Badges for Skating School Pamphlets, Pencils, Stickers Stillwater Prison Wall New Lavatories in Lowell Park Quarterly Maintenance Contract Insurance Equipment Repair Supplies Professional Services Bolts, Washers, Screws, Hooks & Key Supplies Wastewater Service Equipment Repair Supplies 458.86 200.00 288.00 20,950.00 4628 116.12 177.79 537.76 63.90 21.28 2,201.44 95.85 2,400.00 67.46 117.50 140.00 1,136.00 945.72 265.67 231 .40 4.26 505.16 10.98 1,803.30 26.80 281.35 299.00 75.00 1,024.90 644.04 27.75 854.71 170.99 25,837.32 475.00 957.00 98,959.43 11.03 7,695.83 10.00 101.45 95,113.57 197.03 '. EXHIBIT" A" TO RESOLUTION #2005-81 Page 2 . Napa Equipment Repair Supplies 31.20 Office Depot Office Supplies 181.86 Office Max Office Supplies 179.08 On Site Sanitation Unit Rental Neil Ave & Mckusick 52.65 River Town Newspaper Group Publication 147.50 Ryan Smith Binding Machine Supplies 195.98 S1. Croix Boat & Packet Company March Arena Billing 45,202.02 Sensible Land Use Coalition Seminar 30.00 Stillwater Ace Hardware Equipment Repair Supplies 408.71 Stillwater Collision Repair Squad #4215 1,083.48 Stillwater Courier Publication 40.15 Stillwater Gazette Publication 149.86 Stillwater Motors Equipment Repair Supplies 95.69 Stillwater Printing Maps 2,998.00 Successories, LLC Pictures/Prints 175.98 Sysco Concession Supplies 235.44 TA Schifsky & Sons, Inc. Asphalt 67.89 Thomson West Session Laws Support 306.72 United Refrigeration Inc. Equipment Repair Supplies 341 .46 United Rental Equipment Repair Supplies 210.26 Urban Land Institute ULI Renewal Dues 190.00 . US Bank Refunding Escrow 2005B & 2005C 1,000.00 Valley Trophy Trophy/Engraving & a Sign 198.15 Washington County Property Tax 3,490.38 Washington County Registrar Publication 154.00 Wal-Mart Supplies 239.59 Waste Management Service for April to June 118.59 Wells Fargo Bank Petty Cash for Parking 1,551.00 Yocum Oil Company, Inc. Fuel 6,091.84 ADDENDUM TO BILLS Abbott Paint 24.91 Accurate Radar Specialties Calibration of Radar Unit 410.00 Ace Hardware Hardware 24.13 Animal Control Transportation of Animals 50.00 Arch 2nd Qtr Pagers 1,247.47 Aspen Mills Uniforms/Name Tags 548.85 Bell's Trucking Sewer Install 3,400.00 BJ Haines Tree Service Removal of Trees 700.00 Bureau of Criminal Apprehension CJDN Connect Charge 270.00 Cartridge World Toner Refills 211.40 Carquest Vehicle Repair Supplies 771.10 . Clarey's Vehicle Repair 128.57 . EXHIBIT" A" TO RESOLUTION #2005-81 . Cub Delta Dental Emergency Automotive Technology, Inc. Fred's Tire Fuhr Trenching G&K Happy's Humane Society Jacobson, Cindy LMC Conference Mach 1, LLC Maple Island Hardware Menards Metrocall MN Fire - EMS - Rescue Office Depot Office Environment Specialists Inc. Office Max Post Board Qwest Reed Business Information Roberts Company Schuster Co. SEH Sprint Stillwater Ford Stillwater Gazette Stillwater Towing Streicher's Sun Publications Tees Plus Tousley Ford Uniforms Unlimited Valley Trophy Vetsch, Sandra Washington County Central Services Washington County Chiefs of Police Assn Washington County Sheriffs Office Washington County Transport Wrap-N-Ship Xcel Zoller, Steve . Concession Supplies Dental Deluxe Controller for Signal Front End Alignment Sewer Install Uniforms, Rugs, Mops, Towels, Soap Vehicle Repairs 1st Qtr. Impound Fees Gas & Mileage to Duluth Conference for Larry D Framed Art Supplies Batteries Pagers School Registration for Steve Zoller Office Supplies Furniture USB Quick connect Peace Officer License Telephone Construction Bulletin Magazine Ad's Fire Dept Badges Direct Deposit Advice Form Boutwell Traffic Report Monthly Service Vehicle Repairs Publications Towing Monoshock, Breaching Tool Parking Maps DARE T-Shirts Vehicle Repairs Aligatorclip Lock & Latch/Engraving Cake & Ice Cream (Cub) Copy Request Memberships Qtr MDT'S & Radio Modem/Alerts Repair Traffic Signal Shipping Electric Ramada Inn/School Page 3 20.97 175.73 204.48 85.32 4,150.00 2,665.47 84.05 1,743.35 124.10 20.00 206.94 14.26 10.51 44.03 80.00 1,227.30 10,344.38 21.29 450.00 514.68 113.12 43.70 345.01 1,119.71 3.44 19.90 429.30 399.40 1,011.54 912.25 647.45 266.28 57.73 90.68 21.67 58.41 100.00 6,295.00 176.97 287.03 35,632.29 219.80 EXHIBIT" A" TO RESOLUTION #2005-81 Page 4 TOTAL 408,938.38 Adopted by the City Council this 19th Day of April, 2005 '. . . . . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2005-81 . 1 st Line/Leewes Ventures 4AA Hockey Program AIITec Appletree Institute Aspen Equipment Aspen Mills Audio Visual Inc. Bryan Rock Products, Inc. Cartridge World Central Sf. Croix Cable Chemsearch Citi-Cargo & Storage City of Woodbury City of St Paul Clarey's Safety Equipment Clark, Luann Coke Davis Sun turf Earl F Andersen Inc. Eckberg Law Firm Erickson, Ron Frank Madden & Associates Fred's Tire Galles Corporation Stuart Glaser Gopher State One-Call Government Finance Officers Association Hennepin Technical Heritage Printing Hillyard Holiday Fleet Ice Skating Institute International Cod Council, Inc. Jay Bros., Inc. Jeff Holst Johnson Radio Communications League of Minnesota Cities Insurance Trust Mac Queen Equipment Inc. Magnuson Law firm Maple Island Menards Metropolitan Council MTI Distributing . Concession Supplies Ad In Section Booklet Fire Alarm Monitoring Retiree/Cobra-Health/hospitallnsurance Equipment Repair Supplies Uniforms Equipment Repair Supplies CL5 Gravel Replacement Toner Packing/Shipping Weed Killer Unit Rental 03/18 - 04/17 2005 Response Team Asphalt Inspection & Maintenance/Fire Extinguisher Cleaning at Public Works Soda For Concessions Grass Seed Sign Brackets Telephone Conference 23 pc Bit Set Legal Service Tire Change Gloves, Can Liners, Tissue & Towels Meeting Supplies Gopher State One-Call Accounting Books & Membership Commercial Vehicle Recertification Skating School Flyers Cleaning Supplies Fuel Badges for Skating School Pamphlets, Pencils, Stickers Stillwater Prison Wall New Lavatories in Lowell Park Quarterly Maintenance Contract Insurance Equipment Repair Supplies Professional Services Bolts, Washers, Screws, Hooks & Key Supplies Wastewater Service Equipment Repair Supplies 458.86 200.00 288.00 20,950.00 46.28 116.12 177.79 537.76 63.90 21.28 2,201.44 95.85 2,400.00 67.46 117.50 140.00 1,136.00 945.72 265.67 231.40 4.26 505.16 10.98 1,803.30 26.80 281.35 299.00 75.00 1,024.90 644.04 27.75 854.71 170.99 25,837.32 475.00 957.00 98,959.43 11.03 7,695.83 10.00 101.45 95,113.57 197.03 EXHIBIT" A" TO RESOLUTION #2005-81 Napa Office Depot Office Max On Site Sanitation River Town Newspaper Group Ryan Smith St. Croix Boat & Packet Company Sensible Land Use Coalition Stillwater Ace Hardware Stillwater Collision Stillwater Courier Stillwater Gazette Stillwater Motors Stillwater Printing Successories, LLC Sysco TA Schifsky & Sons, Inc. Thomson West United Refridgeration Inc. United Rental Urban Land Institute US Bank Valley Trophy Washington County Washington County Registrar Walmart Waste Management Wells Fargo Bank Yocum Oil Company, Inc. Equipment Repair Supplies Office Supplies Office Supplies Unit Rental Neil Ave & Mckusick Publication Binding Machine Supplies March Arena Billing Seminar Equipment Repair Supplies Repair Squad #4215 Publication Publication Equipment Repair Supplies Maps Pictures/Prints Concession Supplies Asphalt Session Laws Support Equipment Repair Supplies Equipment Repair Supplies ULI Renewal Dues Refunding Escrow 2005B & 2005C Trophy/Engraving & a Sign Property Tax Publication Supplies Service for April to June Petty Cash for Parking Fuel Page 2 . 31.20 181.86 179.08 52.65 147.50 195.98 45,202.02 30.00 408.71 1,083.48 40.15 149.86 95.69 2,998.00 175.98 235.44 67.89 306.72 341.46 210.26 190.00 1,000.00 198.15 3,490.38 154.00 239.59 118.59 1,551.00 6,091.84 . . . . .~ -~ \~.," ~~ ~- " HOPE HOUSE of St. CroIx Valley \~ -. ,'- April 1, 2005 City of Stillwater Mayor and Council 216 North 4th Street Stillwater, MN 55082 Dear Mayor and Council, Hope House of S1. Croix Valley, located at 451 North Everett Street in Stillwater, would like to request the closing of North Everett Stre'et at West Linden Street to West Cherry Street, including West Cherry Street to the dead end, on May 7, 2005. We are making this request to enable us to conduct our 10th annual fundraising auction, We would like to have the street closed by 7:00am. Our business will be finished by mid-afternoon and we agree to reopen the street at or before 4:00pm, In the event thi~ request is granted we will need to have information regarding the borrowing, leasing or sub-contracting of barricades for the street closing. Hope House will take responsibility for picking up, placing, removing and returning the barricades on May 9th, 2005, ~-",'...=""-----'--'-"""-------.2~ ,f'/">~n behalf ?.t f '~I-lO..U. se .1.. W..OUld....like. to thank you for your consideration \ .' :~n:::e:~t ~p~~e:~;:t =e..:: 1-0496 with any questions ~ott tahrV E~ive Director 10th Annual 3ece-='/ --. uct'I'on Saturday, May 7, 2005 \~ . Rain or Shine under Tents at Hope House 451 N. Everett Street, Stillwater, M N Sale starts 10:00 am - Preview 9:30 am Lunch Served . Antiques: Collectible flgunnes Arts: Framed pnnts by Tim Restaurant Certificates: Acapulco Mexican Restaurant. !Jess. Framed Artwork. Chelsea Rose, and Kelly Frame & Fine Art: Applebees. Bayport Cookery, Clyde's, Dream Coat Cafe. Dock Cafe, Art Glass from Casanova Glass StudiO, Pnnts by Joe Boyle Freight House, La Belle Vie, Lake Elmo Inn, Lowell Inn, Water Street Bed & Breakfast Stays: Asa Parker House, ,Auroa Inn, Mad Capper, Mama Mana's, MN Zephyr. Ph,l's Tara Hideaway, Staples Inn. Cover Park Manor,The Elephant Walk, Lady Goodwood, Savones Bistro Services: Hudson Golf Club, Just For Me Spa, Laurel Street Inn. Rlvertown Inn, Water Street Inn, William Sauntry Market Place Car Wash, P J Asch Otterfltters. MondeSalon. River Iv1anslon Merchandise: Amish Rag Rugs, Art Doyle's Spokes Valley AthletiC Club, Stillwater Balloons, Stillwater Yacht Club. St~ &. Pedals, Bird Feeders, County Ivlarket, Express Photo, Hallmark. '\ ~ CroiX Acadamey for the Arts, St. Croix Cleaners. T atts by Zapp. "~lnneaDolls Gift Iv1art Including Candles. Cards. Children's ..... _ Stillwater Fitness. . . ~ . Ciorhwlg. CoHee iflugs. Flgunnes. Kitchen Supplies, Porcelain. ... Over One Dozen Hand-maoe tlUIItS. Dishes. Toys and f\rt Supplies: St~ CroiX Collectibles. St~ CroiX , """""- Drug. St. CroiX Pedal Skate. MANAGERS ~~ Scott 651-351-0496. Brran 651-430-9703 TERMS: Cash, Check (With proper J.D.) Visa or MasterCard Call for an up-to-date list.~ AUCTIONEER: Garry Smitfl DIRECTJONS: From TWin Cities - take H\vy 36 east to Greely Street for 21 miles to Myrt!e St. south on for 3 blocks. north on Fverett T.O Auction ::C,lte. Folio\^! Signs. From downtown Stillwater - north on Main street, west on Myrtle for 8 north on Everett to /\uctlon Site. Foiiow auction sIgn::c ~~I ~~, . SpeCial thanks to: Elephant Walk B & B, Bread ,Art and James V. Smith Gallery and First State Bank and T rust-Bayport and Bayport Community Action League. 'items listed 2re reoresentatlVe, but some may not actu211y appear at ,Auction. I . . . April 14, 2005 Mr. Larry Hansen City Administrator City of Stillwater Dear Larry: Subject: Notification Requirement for Activities on City Property The Veterans Memorial wishes to have a Memorial Day ceremony at the Veterans Memorial site starting this year and accordingly provides notification and requests consideration of same. The ceremony this year takes the place of the ceremony that has traditionally been conducted at the Historic Courthouse. The ceremony is to be at 11 A.M and will include the high school band and a guest speaker. No use of city services is requested or anticipated. We are unclear as to whether the parking lot can or for safety reasons should be closed to on site parking. Please confirm. receipt of this notice and consideration of our request. We are also projecting having Veterans Day and Fourth of July ceremonies at the site and will also provide timely notification for consideration. Thank you. i ~s trul"Y, .x ,{." ~ . ----, .'~. j / T~::O ,- "'" ~ "-!"~~="~~""'_~--",--,/ ( Jo n Kraemer \ 43 -7796 "--- Honoring Our Heroes) then) now) and forever. of the communities within School District #834 . MEMO TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: Attorney Opinion and Resolution regarding Boards & Commission Picnic DATE: April 13, 2005 . During our audit, the auditors questioned an expenditure made by the Water Board concerning their annual Christmas party. Dave Magnuson had previously supplied the Water Board with an opinion and they adopted a resolution authorizing that type of expenditure. 1 suggest that we have the same type of opinion and resolution on file regarding the City - Boards and Commissions picnic. RECOMMENDA TION: Adopt attached resolution . MAGNUSON LAW FIRNl LICENSED IN MINNESOTA AND WISCONSIN . THE DESCH OFFICE Bl'ILDINC, 333 NORTH M.~IN STREET. SUITE #202 . P~O~ Box 438 . STILLWATER~ MN 55082 TELEPHONE: (65]) 439-9464. TELECOPIFR: 1651 1439-5641 DAVID T. MAGNlISON MARGARET M. MURPHY April 4, 2005 Larry D. Hansen, City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mr. Hansen: You have asked whether the law would authorize the City Council to pay reasonable expenses associated with an annual and customary summer picnic hosted by the City Council for the benefit of all volunteers that work for the City and various Boards and Commissions. In general, the expenditure of municipal funds is based upon two determinations. The first is whether a State law or City Ordinance authorizes the expenditure of funds, and the second is whether the expenditure would further a public purpose. . State and local laws authorize the expenditures of public funds to accomplish regular and usual purpose for which the government entity is created. The expenditure of funds to further communication among those who labor for the City without pay, to assist in strategic and long range planning, furthering education and knowledge required for city service and other purposes, has long been recognized both as an expense authorized by law and to further a public purpose. To make this policy operable 1 would recommend the adoption of findings and a policy that would set forth the reasons the City Council believes that the public purpose would be satisfied. If expenditures would be made pursuant to this policy 1 am satisfied that it is lawful. Respectfully submitted, ~\ David T. ~ 19nuson Stillwater City Attorney DTMijmo . . . . RESOLlJTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STILLWATER WHEREAS, the City Council has determined that communication between members of the City Council and those who serve the City as volunteers should be encouraged, that the City should be entitled to meet with regard to strategic planning for capital expenditures and grow1h accommodations and the value of volunteer service, and that the City Council must learn through all educational channels available, a proper understanding of the role of volunteer service and other issues with regard to the smooth functioning of City Government; and WHEREAS, the City Council has determined that it would further the enthusiasm for the improvement in communication and service if, from time to time, the City Council could meet in a "retreat type" or "picnic" atmosphere either at a City Park or away from the City, and that this atmosphere, if expenses were paid by the City Council. would increase attendance and enthusiasm at such meetings; and WHEREAS, the City Council has determined that communication between the City Council and volunteers who service the City would be improved if periodic meetings could be held in a social setting, and in order to encourage attendance at such meetings, the costs of meals and gratuities should be paid from public funds. NOW, THEREFORE, based upon these factors, the City Council adopts the following policy: 1. That from time to time, as the City Council deems fit, the expenditure of public funds . is hereby authorized for the payment of meals, travel and gratuities for attendance at retreats and meetings and at social meetings including employees of the City, members of the City Council and volunteers who serve the City and its various Boards and Committees; 2. That such payments are authorized by direct payment to respective vendors or by reimbursement of the expenses incurred by eligible persons evidenced by the supplying or receipts and vouchers as required by law. 3. That the authority of this policy is not deemed to preempt or do away with any open meeting requirements otherwise required by law. Adopted by the City Council of the City of Stillwater, Minnesota, this ,2005. day of . CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk . . _Ve 1l0ra ldum To: From: Date: Mayor and City Council Diane Ward, City Clerk 4/11/2005 Subject: NEW OFF SALE LIQUOR LICENSE FOR WINE STYLES As required, a public hearing must be held for the issuance of new liquor licenses. David Cagel has submitted a liquor license application for a new Off-Sale for Wine Styles located at 124 North Main Street. Approval for each license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. . ACTION REQUIRED: If Council desires to issue a new Off-Sale liquor license they should pass a motion to adopt Resolution No. 2005- APPROVING OFF-SALE LIQUOR LICENSE FOR WINE CHILD, INC., DBA: WINE STYLES. . . APPROVING NEW OFF-SALE LIQUOR LICENSE FOR WINE CHILD, INC., DBA: WINE STYLES WHEREAS, an application has been received for a new Off-Sale for Wine Child, Inc., DBA: Wine Styles, located at 124 North Main Street; and WHEREAS, a public hearing on the new liquor license was held on April 19, 2005; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new Off-Sale liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 19th day of April, 2005 . Jay L. Kimble, Mayor Attest: Diane F, Ward, City Clerk . " .; . . . Vemorandum To: From: Date: Mayor and City Council Diane Ward, City Clerk 4/11/2005 Subject: NEW WINE WITH STRONG BEER LIQUOR LICENSE FOR CESARE'S MARKETPLACE, LLC, DBA: CESARE'S MARKETPLACE NEW OFF SALE LIQUOR LICENSE FOR CESARE'S WINE ~ SHOP As required, a public hearing must be held for the issuance of new liquor licenses, The applicant is the same for both new licenses and therefore Council could probably combine the two public hearings. Leslie Alexander has submitted liquor license applications for a new Wine with Strong Beer for Cesare's Marketplace, LLC, DBA Cesare's Marketplace and a new Off-Sale for Cesare's Wine Shop located at 610 North Main Street. These licenses are next to each other with separate entrances for both establishments. Approval for each license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue a new Wine with Strong Beer liquor license and new Off-Sale liquor license they should pass a motion to adopt Resolution No. 2005- APPROVING NEW WINE WITH STRONG BEER LIQUOR LICENSE FOR CESARE'S MARKETPLACE, LLC, DBA: CESARE'S MARKETPLACE and Resolution 2005- , APPROVING OFF- SALE LIQUOR LICENSE FOR CESARE'S WINE SHOP. '. " . APPROVING NEW WINE WITH STRONG BEER LIQUOR LICENSE FOR CESARE'S MARKETPLACE, LLC, DBA: CESARE'S MARKETPLACE WHEREAS, an application has been received for a new Wine with Strong Beer For Cesare's Marketplace, LLC, DBA: Cesare's Marketplace, located at 610 North Main Street, Suite 100; and WHEREAS, a public hearing on the new liquor license was held on April 19, 2005; and WHEREAS, all required forms have been submitted and fees paid, NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new Wine with Strong Beer liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. . Adopted by Council this 19th day of April, 2005 Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . # . APPROVING NEW OFF-SALE LIQUOR LICENSE FOR CESARE'S WINE SHOP, LLC, DBA: CESARE'S WINE SHOP WHEREAS, an application has been received for a new Off-Sale for Cesare's Wine Shop, LLC, DBA: Cesare's Wine Shop, located at 610 North Main Street; and WHEREAS, a public hearing on the new liquor license was held on April 19, 2005; and WHEREAS, all required forms have been submitted and fees paid. . NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new Off-Sale liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 19th day of April, 2005 Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . . Memorandum To: From: Date: Subject: Mayor and City Council Il / Steve Russell, Community Development Director , V" April 15, 2005 Farmer's Market Proposal for 2005 Season Background. This item was referred by the Council to City staff to work with the Farmer's Market and Veteran's Memorial Association groups to come up with a proposal for the 2005 Farmer's Market season. Proposal: The proposal is to use the west side of the parking lot for farmer's market activities from June 1 to October 31 (see attached map). The area would be separated off for vendor sales activity on the north side of the lot with parking on the south side. The east side of the lot would be closed off to vehicle traffic/parking during the Farmer's Market event. In addition to the upper lot, the lower lot and 4th Street lot could be used as well as on- street parking for market shoppers. The Farmer's Market proposal requests three advertising signs (a, b and c) and one parking directional sign as shown on the attached map. Also, the market is proposing to pay for one third of the cost of a toilet and proposed a location near the 4th Street Parking Lot (see site map). The Farmer's Market is requesting use of city barriers to close of parts of the parking lot to vehicle traffic during Saturday Farmer's Market. The above proposal is recommended for the 2005 season. After the season, a review of the operation by the Veteran's a nd Farmer's Market groups can be considered in developing next year's request. With the City's plans for future downtown improvements, an alternative Farmer's Market site can be considered. Attachments: Farmers' Market proposal, representative from the Veteran's Memorial group participated in developing the proposal. Recommendation: (1) Direct staff to prepare an agreement with Farmer's Market Association for 2005 use of the lot; (2) make determination regarding need and city participation in toilet; and (3) review request for signs (planning staff to review specific sign design and locations). STILL WATER FARMER'S MARKET PROPOSAL OF BUSINESS, vA< PROOF OF ~~J1RANCE. COpy PROVIDED OF COVERAGE THROUGH . KEISTER & KEISTER AGENCY THAT THE MARKET RENEWS ON AN ANNUAL BASIS. d,;-/ LIST OF VENQQRS PROVIDED OF 2004 BOARD MEMBERS AND VENDORS. NEW MEMBERS WILL BE ADDED AT THE 2005 ANNUAL BOARD MEETING. THE MARKET HAS NEVER EXCEEDED 27 AND HAS THE CAPACITY TO HAVE 30 SELLERS, SOME BEING PART TIME. WE WOULD LIKE TO MAINTAIN THESE NUMBERS AND ARE WILLING NOT TO EXCEED THEM AT THIS SITE. u(OUR COMPROMISE WITH THE MEMORIAL COMMITTEE IS TO LIMIT OUR USE OF THE LOT AND FORFEIT THE EAST END FROM THE 'p (f; V""'\ MEMORIAL P AVERS TO THE EAST EDGE, BLOCKADING IT FROM ANY CAR USAGE WITH THE USE OF SAWHORSES FROM PUBLIC WORKS. THE SIZE OF THE MARKET VENDORS AREA WE WOULD LIKE TO PROPOSE IS THE SPACE FROM THE MEMORIAL GOING WEST TO THE 4TH ST. END OF THE PARKING LOT, (15 SPACES) FROM THE MEMORIAL ON THE NORTH SIDE OF THE LOT TO THE SOUTH END OF THE CENTER ISLAND OF THE MEMORIAL, FROM THE SOUTH END OF THE MEMORIAL CENTER ISLAND GOING WEST TO THE 4TH ST. END, . (24 SPACES) WHICH WOULD ENCOMPASS THE 6 SPACES ALONG THE WEST END OF THE LOT ALONG 4TH ST. AS WELL. PATRON PARKING AREA WOULD ENCOMPASS THE 12 SPACES ON THE SOUTH END OF THE LOT ALONG PINE ST. AND THE THREE REMAINING SPACES ON THE WEST END ALONG 4TH ST. THE MARKET WOULD BE SETUP IN SUCH A WAY THAT VENDOR VEHICLES WILL BE FACING PARKED TRAFFIC AND WOULD BE FLAGGED OFF FROM THE SOUTH END OF THE CENTER ISLAND OF THE MEMORIAL TO THE WEST 4TH ST END. THIS WOULD ALSO ENCOURAGE FOOT TRAFFIC TO FOLLOW A SET, SAFE PAl u~RN THROUGH THE PARKING LOT. V THE MARKET NEEDS 4 TO 6 SAWHORSES FROM PUBLIC WORKS TO.-::> l-,' Ll.- BE DELIVEREDA T 6:00 AM FOR USE EACH WEEK TO BLOCK OFF c.\ MARKET FROM TRAFFIC FLOW AND TO BLOCK TRAFFIC FROM W () ,It.. f::.1,. ENTERING THE EAST END OF THE PARKING LOT. ~ THE MARKET WOULD RUN FROM JUNE 1 ST THROUGH TO OCTOBER 31sTEACH YEAR. '61 THE MARKET LOT USAGE WOULD RUN FROM 6:00 AM TO 12:30PM (THIS INCLUDES VENDOR SETUP AND TEAR DOWN TIME) EVERY SA TURDA Y THROUGH THE ABOVE MONTHS. . . \z/THE MARKET PROPOSES CONTRIBUTING TO A PORTABLE TOILET FOR VENDORS AND PATRONS PERMANENTLY THROUGH OUT THAT TIME PERIOD (JUNE TO OCTOBER) WE WOULD COVER 1/3 OF THE + c , L -Lr- COST, NOT EXCEEDING $30.00 PER MONTH. WE WOULD LIKE THE TOILET TO BE LOCATED IN THE UPPER PARKING LOT ON 4TH ST. V THE MARKET SIGNAGE FOR VISIBILITY AND PARKING MONITORING. S I '/ (l c; G A 36" X 91" WHITE BANNER WITH GREEN LETTERING "FARMER'S MARKET" TO BE HUNG OUTSIDE ALONG THE PERIMETERS OF THE PARKING LOT, PREFERABLY ON THE NORTH EAST CORNER. (10 A 36" X 36" SANDWICH SIGN TO BE LOCATED ON THE CORNER V OF THIRD AND PINE STATING MARKET HOURS (~: A 36" X36" PARKING SIGN WITH AN ARROW TO ENCOURAGE ~. PARKING ON 4TH ST. AND ITS UPPER LOT o A 36" X 36" SANDWICH SIGN TO DIRECT TRAFFIC FLOW INTO THE LOT . e. THESE SIGNS WILL BE POSTED DURING THE HOURS OF THE MARKET ONL Y. . ... .F.~ AGENCY 06 -liltl5-! - 00 POLICY o 223,{)'6 -08rSZHS64 ~ 13271 (8. KEISTER & ~E:tSTER A&ENCY INC PO BOX 469 STILLWATER, MN 55082 05-17-2004 Ufe Home Car Bustness TN.iIIo!ta~~ I IIIIII111 S T lL LWAor~R F ~f~it1E'RSt1ARKET c/o JAfIIESKlOEtK 1110:8 folIANNIRG TRL N STILLWATER, HN 55lil82-947S P.O. BOX 30660, lAflS1tNG, M:IOIOGAN 48909-8160 . 517-323-1200 AUTO-IU$UaANCE COMPANY AUTO- un HI/StlRAftCE COMPANY HOMi-OWfir'BRS PANY CWNiliRS . COMPANY . PflOPEAT fNSURANCE COMPAiIIY SOUTHERfil-OIlVNERS INSURANCE COMP;I1.NY . Thank you for allowing Auto--OWrI:ers to handle your insu,rance neeGs. Auto-Owners lnsLlrance Grot:q).isti;naB~ial'Jy sOlll'nd with su.'ffie'itent reserves to be raftkedaA'lO:n;~ the leal1lers in the in- dIJstry for fj;na'flcia:l security. Our A+ + (Su,erior) ratin~ byfJlle A.M. aestCttt:t:rfilany signif+es that we have the finan- cial streng;th to provide the insuranceprotrectioo you need. Feel free to contaet YGur Aut(rOwners agen;ey with any questi'Ons you may havea:bouf y'Our icnsurance needs. Your agency'sptu:me n1Jm~er is C6SH 43tl~16". Ahfto~Qwnet'slA'surance - The "'No Prottl:em"t"\:>ul"'le(8) .'lIi.1t('~ ~ PAY ANY tf'4'- . ."~ ~'., .',', ~~" .J... ..,,"~~ !:I_~ 1"',;."....."....... ... ~Jl!!o i" J. pJ,. -J..,I. _'. ,'" ,r i HJ~ i.,;, n", j Aliili..j",. - ..' .. .. tle.a,D, A .1Ll W'LlI!J1&M~UlID SE'.PARA TEL Y. P:LI.I '-> Sel'VingtJ.f1r PfJ1Jcyl1'lJtders and Agents for More TI111n85 Years '-> . \ " 4'11"'#;. 0......,......-... t.;']I....~.. ..... '.,.;...". '., Page 1 55lil39 <11-87> Issued 05-17-2004 tA.IL$"SI:PR'GTECTIONPOL.ICY oeeLAAA nONS . IN'StilR;A1NCE COMP ANV 6101 ANACA-PRI Bt VI., L ANS ING } MI 48917 - 3999 AGENCY KEISTER 8 KUSTER. A$.ENCV INe 06-0lil58-00 MKT TERR 063 INSURED STILLWATER FARMERS MARKET c/o JAMES KLOECK Renewal Effective 0.6-21-Z164 (651) 430-1666 PO:LI-CVNlIIMBER 022306-08152564-84 ADDRESS 11l08'f1mM't'NGTRL N SftLLWAtER, MN 55101'2-9415 COM. PanY til! PIt rtY f!RA 12:01 a.~. 12:01 a.~. to G;6- 21-29ifl40:6 - 21- 2lHI5 In cons,idera'tion of pa;Vlllentof the prlltlllium shownbelolil, 'tihispolicc;v is "'eJ!iewed.Ptlltase attach this Declarati~ ~.~tl'l*~!!I."*1i tCi ~,.,r polic:y. ~'!'~~\11~~~ ~~ ~~$~J -liJ~~ ;C;CIJ:\1il:tlt with your &ger)t. ",."-",,,,,,,,,,,,,,,,,, ~_"'''''''''''''' "'" COMMDNP'IlI'l I CV I NFtJRMWU_ BUSINESSDESCRIPTI0N: Farmers Market ENTITV: Association THIS POCU:V .cO!NSISTSGF nl:E FOllOWING C$VERASE THIS PRlEfllItaM MAVBE SlIilJECT TO ADJ'lJStMENT. COMMF;:RCIALG'ENil:JR.At. L1~B~\t,ltV CQVERAGE MINIMUM PREMIUM ADJUSTMENT (GU PARTeS) . PREMIUM no.oo 95.00 . TOTAL $125.00 FORMS THAT APPLY TO ALL CQ\f;E'RAGE PART SHoWN ABIDVE (EXCEPT GARAGE LIABILITV, DEALER'S BLANKET, COMMERCIAL AUTOMO!ILE, IF APPtICA.BLE) 55000 (01-87> Countersigned By: . ,..4..t..()IfIlJf/r. Pag~ 1 ~'S'S.4~i(tlll~48:1'J! . Issued 05-17-21304 l'Al'l,..GfI;.P.kITECTlIftf'"t~C~"'E...T1GMS Rel"lew~lEf~~t:t~ve 06-21.4 I~$I1J_ti::, :C,QMPA1NY' 6101 ANACAP.fn BLVD., LANSING, HI 4B91.1-3"9"~ AGENCY K:E;[Sf~;R & KEl stER . If< tHe F; O'6..tiU:J'iS -IH!J M1(TR 1iI63"' INSURED STILLWATER FARHERS MARKET c/o JAflES KlOECK (;651> 430--1666 . , , . 'UtJtrfNtlJMISI" <....',...08752564-04 ADDRES.S 111 08:;MAfU~:t~T R:t N ,~." )?:,z;:~ ....: .-: ::."':'_""~;"':-:"-:-_"~_:' "__ "_::<~, - u', '- ,", :.. : --""7t,' ".", "', <,' ~ttlUJAt!R; foliA '55DB'Z-9~15 Compan~ En r'~ peLtn l'!'RM ~. 1.2,.: ,fl.l,,"iilw;m. v ~, ,.l;ih {hli""Ef'i'lll. tt) O~!i;2~ 1irlt,fit~.! .!~.- 21- 28'6 In consj,c!.~a1:\'i;Qn 'Qf~_.-nto;f<!.. ...' ,,,;, .~..~Wfi !~.lt... ,iihD.'"3:i~_'''.l~.lj;.;p.~"".",-,"",''i~~$. Decl"'-l!l;t,i~.,.and'l!ittachJilen""Sc'f:o'!\91N""~" .1.[,*, !lYtitli"ihav-e-.y '~:i:~''f,"'fi4.~e!'etII'f!!M!li'f'~~''YI1tf'" ~~, . ,,'" '" "",,', "'~ '-1", ':, "-.,,.,-~'''~ '01;).e1tti!1f];;;eM!It~L 'LI'A'ltt::'t'fti"I.i\il,t!CiK/tG!:: LIM.tTS OF INSI1JMNCE ' General.ega-:t-e Lili1~t':i (Ooth is'' Procfu1::ts-Cotllpleted 11)per-ations) Pers Art_A'(h/er:t~s;if!t!l.;1;njUry Limit Each urrehce Limii: Fire ~ag-e limit Medica Ext3ense Lillli t Twice the "(Z~;.,;,.ral Ag!Jregat.e li.mit", shewn abcve, is pr chat'ge for eiiiC^n 12 month "riw in accordance wit'h form $1,000,000 1 it'Q:f ,0,00 t-; t;8ililj OOU SO ,01l0 Amy, /me fire $~$:(l-;g ~ alii! Ptl:rSQl\ fto Silhl'iti'fjnei! AUDIT TVP!::: Annual Aud'it FORMS THAT APPLV TO LIASt....I1'1: 55146 (01-96) It0021 n1-1"> 55064 (07-11> UOQ17 q1-tc$) CG2147 <09-t9> 55U~ .(;Jil~.,..,.;';Z) 8^4 HI-&S) . <07-81) C 0'2 -,,1>& ) '~~'f.rG 1 ) ( 0.2-03) 1 (11-39) <81-8-8) (01-02) 55118 (filB...n) U 1il245 (()1- 95) OG2605 (06-90) 55;0'5;0 (06 - 61 ) . LOCATION OF PREMtS'ES YOUWN, .INfSII..liJ.'V LOC 001 ,,8S O0l3;R~.Pi_ St Sti llwai:~r, fit'N 55.0'82- 9475 TERRITOIIV : 006 CG\:IHTV: WaShington Classi'ficiltian S.,.3.i_ ~ ..is Gross SaLes 1 {} ,0,(lO aaltes Each 1 lilt 1.512 P~ililll C"'.15124 Markets - O.p&n Air CLessiQr's Risk (!)n!y) ( No't-fc:JrPrCJf~tJ f~:;r:i:ll;:~:il:n~nd/r Prelllrop $15.0 FOREIGN TERRORISM - CERTIFIED ACTS $I'EFOl~fit S9350 INCLUDED lOCATION 001 PREMIUM LOCATION OFPREMISS-S Y'IiJG;.N,.eN~IR Ie-CVP' LOe lUll Bl.l1G otnWa.shil'lt!'lt(i)h CCJ Fair Grounds Lake!:.lilllo,'MN 55042 TERRtTORV:OD6 eGUNTY: Wasbinuttlrt $15. ail . . t.;#ute*r(J",,,.,. Pa~oe 2 5iS;t)~6'Clltj'ZJ IssliteGl 05-17-2.084 TA!LORE. paG1f&~Tr.'" "lIlilL3:t~ 'J:E't.JL.A;f(A.Tl ONS IN$UR~'fIICE. cSfjfPAiNY . 6101 AN~~APRtBU1D., LANSIN'G, MI 48917-3999 AGENCY KEISTER & KEISTER AGEN€V INC ~06""'lHI5'8- 0 0 MKT ''I\!E:RR 063 INSURED STILLWATER FARMERS MARKET C/O JAMES KlOECK ADDI1ESSl:-fl-ti'lf;'fi.1.NN'f$'CrR'tNi ~, STIlLWAlI'ER. MN55082-9475 R~ne"'al Effective 06-21-2004 (651) 430-1666 '!!Ol.IC't' NUMBER 822306- 08152564-04 CQ1lftpaAY Bilr- Ptll1~ilV "IIM l2=lll;t;m. 1 t :OTa . m. to 0(1...21- 2f!liO'4 .... O~-21- 20~lS In considerati-o,n 'o;;l'paYlllent 131'. 'titnt premilliJl\l ~is"'owh below, this'poilicy j;s-,....'.k"..fd~Piti!lli'Se .<tta-cH tltis Deci~"',-.:~~s.;<a,:,l!l'~i1:tat:h.,:"" .,.t~ ;.~~,~~~':':~~~:iCY~ J1, .~.u~. ",a~~. ;m~~,~!~~~O:tt~1j3>~~':~ ~NJitWit~Y.\iIf'.At. ~ 'CaMME<RC1ItL ~GINIRAL UABIl:.l';'''' e..MGE Classiofica1: ion Swbline P1"':emt4i1il'D LCl~;'a; 'Ides Eaf\\' lO~~'hO 1.5i~)i2 Prentiwm .QCiJI)ElS124 Markets - Open Air~Lf!$$:p,..' s Risk rih'i'l.~Y'>: ,~~ (Np~"'Fq~F'tjpf~;) Including Pr'OtJl't,1c1:$ AhCi/Sr Completed Operiiil't:ien$ P,..em/Op Sress:Saai!!~ 10.00:0 $15.0 F0REIGN TE'R'RQ:RIS:M - CERTIFIED ACTS SEE FORM 59350 INCLUDED . LtlCATlljN 002 PR'EMIUM $15.00 . A9:enC}I C€lG<f3 06-0'05a~oo _~ ~e: Policy! I'JUJr:h;beir lilil2 Slil6- 08:1'S,a&64 '0*13 :():N'~l~P8IIS' ....~iII8'Iifi1.Sr.'&~f. 1IftR._\ "MfI'.~~i,~.' IMPORTANT INFORMA TIONREGAR81MG TERAORl!SII RISK I'NSUR;AftCi CO'VERAGE 5935<1 (~.03) . It is agreed: 1.WitHtEii$flt'lcl f{j arty on'eof:jnl~-e:deftt1ie":t6t$-GfieIlJi~i:tffii;W~W;tt<M'payanyJartioilfjt:$ fb( wt\idk we are no re'S~nsihl~ b~cause dfff,t1!ra:Jif.,t~baf4dtt Of . ''':Of4'Sion Whi~ r~$ilW~ c~po~f (J1f:f lia'milqty' f(\t .p'iftheftts to teffonsmt6>s'ses in accbdjf~Jt~ii;Wfffi tl1ef '~d~taf 't:e:~ff~,4~''nis1jdhst1rfah~e A~16f2002 tfmfl\id~n9' en sti:rrig C~f1gresst'drra1 a6tiOns::p1af'~ti~.rittG ~ ~. ,~ ~.' . 2. Certiffeclact ofterr€lrismrmeat:ls any act certifie~~y the $eeretarr~f tile r r-ea:sl.1'J'Y,.i,n C9n01;j'r~e:l'itce V\f~~: a. the Secretary €If State; and b. the Attorney General 6fih~tJnit(ii'dS'tjt~s; to be 'an~ct of t~rr€lris'm at '9~~~~t9:,~tJ (i~!~l)~~~~".~~.. ~!ijt=ifi,~f,~l:S~tronsll1.~:j$k tni$tlitan~Af!f 6f. -,-----~..._-,~ __ru ..._-- --- 3. Untierthe federal Termrism/Fiis'J( IIlS'uraMeAet 012002 a terrorist act may be certified: a. :~r:e~'~Jtt~6.~a~;~~We6mme~{~tf~tt~'~rty' aHa casw1ijti4i~ricf!.los&~s~rtiS:Lllrr:h.g 'from fhe t~hw~t ac b. (1) if the act of te(r0~'$tI1 i!S: a) a violent act; Or If} an act that i'5 llIamgeft)u'5 t€lJ1.umalllijie ,propefty or innsttlifi6tu:re; all,d (2) if the att is committed: a} by an indivil,hJal orind'ivid-uatsactingont:>e'half of an~ ~1@i/llpe)rSon or m're:i!)," interest, as part c a n effort ta coerce the civilUanpe:p'\:Itatiotlaf. United Stat.es ; €II" . b) to influence the palicy ar affect the conduct aUhe Wllfted States government by coercion. All other policy terms alld conditions apply. e Page 1 of . ,i\geocy Cede 06-0058-00 Policy Numl3et 02230,6'" 0&7 S~564 ,:llill.nn'nT;:ft".it::rllM.~Jc;IIA'T"li"''f .iSi1r'~A' 'R" ^1,Kltib ."e~DlicUrill 'bil;~v ~lln~F";,\iI-,!n-!'l':Kl''4F?I~: ].{lrw~nWI.I;;.,' :-'\iWXI'Ii .,'nili:Uj .. -, co,. tUf ~I"U ':li';:~'Fl;- ;a~I'V'1 "' Gift INSURANCe ,COVERAGE The Terrorism Risk Insurance Act of 2002 was signed into law on Novemb-er 21}, 2002. The ActGl~-j@,~)a!lili,~ct ofler- rorism, to mean any act that is certjfj'ed by the SeCf&t~:U')f of the Treasui""jiMconClilirrfeillce vvit'h the Secretary of State and the Attorney General of the Urrcited States to l3e (i) an act ofterrorism;(H) to l3e aviotent act or an act that is dangerolilstQ I'ILliR'l~n lif~,~rQi~e~.orii;mfra~trlll~tgr~,; .(iiiJ. to h~~er:(il~IiIc1te:QjJil~m~g.eYVR\h*n thielJ'Q.iteElState-s or out- s id,e . the. IJn-lt.e:€l ,St,ates .in.t~e 9ai~eoitge:t;t~~iQi ,~i.rcarrle rs .0r)f"esseJs.or,~'i~/jl:~.ifi!;rec1lfl;is.es 8~a ..l4lA.ite.dSt;a;t.es~ miss ion; and (Iv) lohavebee FI gOlTlO1ifJ'.ecl;b;~,.:1~J;;'l in~i.\i;i;~'1lI&19r JiAol,v:l<:!Yalsactin9;ot;l. Q~ll\~4f,Cillt;.a/'i)y:fQre19\{\liperso.fl Of. fore ign inte r- est, as part of an effort to coeree the civiUan population of the United$~tesorto inflwe!fl.Ce the pGlicy or affect the conduct oUhe United States government by coeroiGfl. Subject to the policy terms and conditions, this po/icy provides ins.IJ1raFlce coverage for acts of terrorism as defined in the Act. Any coverage for commercial lines of property and casualty.insura~.cepr(),<<;itil;eq"bYYp't1r"3,q;'icyJO{losses caused by certified acts of te,rrorism are partiaiffy paid by tne federal government unGler a formula estabHshe~ by fe~eral law. Under this formula, the government will pay 90%, of such cove,red losses that exceed the statutory deductible paid . ~:d:~a~o;o~~~n:e;~:a~~~ne:a~f~f:=t:~y u~it~J~:=J l~:;;:~c~r~~~::~jJ=l~~' ~~~~id:o~o~~~::e ~~~ t~t~WI~::~sth~ $100 billion annually. In theeve:nfthata9,~ffeg.ate irii~ililretJ loSses elxceed $1iQO Iilillion annually, no additiOhal claims will be paid by the feder~' goverrn~~ntqri'l\sl!tr~rs. this fothttd'a is cUrr~~by;ei~€:1ctivetf:lir();1ll:g11llr;.leiGe;mbe;r 31, 2005. . The p~emiul'l1c~~r~e, if anx, fortniis;..9()verf\~eI~ ~hQwn.~e,pa.rat~I~~liIth@.,ct\f~F'W~'dp:~~I~fatiQns Jl;a,ge. In the event of a certified act offerrorism, future policies also may include a governmerrtassess.ed t~rr()fi.srn loss risk-spreading premium in accordance with the provisiorrs of the Act. Please contact us if you would like to reje.ct covera.ge for certified acts onerrorism. Page 2 of 2 .v ~. JIM AND WENDY KLOECK DAVID WEISS (0 honey maple syrup 10271 WYNGATEDRIVE . 11108 MANNING TRAIL N. RIVER FALLS, WI 54022 STILL WATER, MN 55082 715-426-6419 651-439-8793 DA WN GILBERT GLENN BROWN Flowers, vegetables and farm crafts potatoes and sweetcorn 680 200TH ST. 28358 CENTURY COURT OSCEOLA, WI. 54020 ISANTI, NMN 55040 715-294-2541 651-238-7934 GARY AND MEG JOHNSON BECKY & DICK ZIMMERMAN Herbs, vegetables and popcorn soaps and lotions 2500 MANNING AVE N. 651-426-8892 LAKE ELMO, MN 55042 1363 CO. RD. H2 651-330-2606 WBL, MN 55110 BETTY AND DOUG V ANSOMERAN DICK SCHWARTZ Vegetables and pumpkins apples and berries 2098 90TH AVE. 8485 LOFTON AVE. N BALDWIN, WI, 54002 STILL WATER, MN 55082 715-684-2662 651-430-0695 DA VID MURPHY JULIE LARSON . Flowers farm crafts and vegetables 9098 FAIRY FALLS ROAD 518 RIVER ROAD STILLWATER, MN 55082 HUDSON, WI 54016 651-439-9485 715-386-2999 JIM MARGENAU BILA YANG Vegetables vegetables and flowers 551 SPURLINE CIRCLE 1221 ROSS AVE. HUDSON, WI 54016 ST. PAUL, MN 751-386-8974 651-778-0917 GENE RIOPEL JEFF YOUNG Vegetables and sweetcorn vegetables 16792 HENNA AVE N 12328 MA Y AVE. N. HUGO, MN 55038 STILLWAlbK, MN. 55082 651-429-2043 651-439-4691 MONIQUE AND FELICITY VERNON DEBBIE ROTH Breads and pastries vegetables 14564 N. UPPER 56TH ST. 10889 69TH ST. N STILLWATER, MN. 55082 STILL WATER MN 55082 . 651-439-6888 651-430-0119 . LORNA LUTZ Rhubarb, flowers, and vegetables 102271 119 ST. N. STILLWATERMN.55082 651-439-2726 THERESA SILVA Berries and apples 2293 HWY 63 CLEAR LAKE, WI 715-263-2105 JEROME WITTIG Duck, chicken, eggs, pork beef turkey N2502 210TH ST. ' MAIDEN ROCK, WI 54750 715-647-2390 NANCY DAVIS PERENNIALS 622 S. 3RD ST. STILL W Alt~ MN 55082 651-439-3996 . KAREN ZIEMER MASSAGE THERAPY PO BOX 151 LAKE ELMO, MN 55042 651-773-8314 . PARTTIME VENDORS BJORN AMUNDSON Trees 30410 4TH AVE. MPLS, MN 55408 612-822-7755 TOM BAATZ Trellis and plants PO BOX 205 SCANDIA MN 55073 SANDY FLAHERTY apples PO BOX 45 HUDSON, WI 54016 DAVID LOR vegetables 16150 145TH LANE NE HAM LAKE, MN 55304 763-413-3371 SEAN ALBISTON organic vegetables and plants 14611 MANNING TRAIL N STILLWATER, MN 651-430-1307 m; S (J t( II~ f f> 47nr1 .2004. - . V\h. tIv) ~ /llJu tAt up to 5 spmuo :ir'l )),u,lj" s-k.JlhoJ~5. IN numhM uSed ~ SJurJacJ Vavies eath umJ{ 4/1~ on ~1.(- irfJ1-t 1~i1<t St~JdY}, Stillwater Farmer's Market Policy update 2004 . 1. Vendors must produce all items sold with consideration for locally grown in- season produce. (Ie. strawberries, asparagus, blueberries, or things we do not have) This should be cleared with the manager to avoid duplication. 2. The market will be open Saturdays from 7 :30-11 :30 am from the second weekend of June to the last weekend of October. Vendors are expected to remain in their stall until 11:30 unless previous arrangements have been made. 3. Stall fee will be $45.00 for the season and $10 for a daily stall. Fee to be waived for market managers. 4. All vendors agree to comply with the Minnesota state health regulations. 5. 60% of all items sold must be produce (fruit, vegetables, flowers, dry flowers, honey, syrup, homemade soap, etc.) The officers will give individual consideration of any other item 6. Stall fee is due by the first Saturday of July unless other arrangements have been made with the managers. 7. Any vendor displaying "Organically Grown" signs shall have a certificate in their possession at the time of the sale. 8. Tasteful attire is expected during market hours. Shirts and shoes are required, no bare midriff 9. Discourtesy to patrons, obscene language, shouting or hawking is not permitted. 10. Alcoholic beverages are not allowed at the market. 11. Smoking should be confined to your own stall and cigarette butts should be disposed of in your vehicle. 12. All vendors are expected to clean their area after each market day. Sweeping the stall may be necessary. 13. All products to be sold must be of good quality. 14. Vendors NAME and HOME TOWN shall be neatly displayed at all times at your booth. 15 . Vendors shall not bring pets to the market. 16. If you will not be at the market on Saturday, please contact Wendy and Jim or Dawn by Friday night. 17. All vendors should be in their stall by 7:30, if you come later than 8: 15, your spot will be sold as a daily and you will be placed in a daily spot if one is available. 18. New members and daily members shall live and grow their produce within 20 miles of the market site. 19. Market managers will be elected at the annual spring meeting by a majority of members present. 20. Policies will be reviewed and amended as necessary annually. Last amended May 2004. 21. Vendors must carry liability insurance. Vendors selling products processed in the home must have proof of product liability insurance. 22. Any vendor not honoring market policy will be immediately reviewed and/or asked to leave. 23.Market manager's fees shall be $400.00 per season. Assistant manager fees shall be $150.00 per season. . . . To The City Council of Stillwater As a new manager ofthe Stillwater Farmer's Market, I feel it is necessary to inform you what direction I personally would like to see our market go in and the goals I have set to achieve the advancement and growth of our market. I will be advocating a move of the market as soon as a more fitting space is found. It is very apparent that we need to grow with our community and that will not be possible at the sight we are at due to the limitations imposed on us, and the easement allocations given to the Memorial Committee, closing down half the lot and setting a future precedence. Our time line is vague at this point and will depend on many variables. One of the major variables will be how much help the City will give in our search for a permanent site for the market with a long term contract. Obviously there are many details included in that that would have to be discussed and worked out. I see us working closely with the City of Stillwater to build a covered market that is open to the public Saturdays and Sundays, much like the St. Paul Market, but on a smaller scale. It could be a space that can be used by the city for many other events as well if the financial burden is shared between us. I would like to see the Market Group do fundraising and grant applications, and also appeals to their patrons for support. . The research for this is not yet complete as I have only just begun, but hope that it will develop rapidly over the summer and fall so that we would have some sort of comprehensive plan by next winter. I would like to be able to only do one move to this "new" site, but it could take some time, perhaps years depending on the City and other [mancial factors. A contract from the city to allow us to stay where we are for that time period would be very valuable and helpful. I feel that this could be a major contribution to the community of Stillwater and all of its new residences as well as those who have been our customers over the last 30 years. It could even possibly become a draw for the Stillwater area depending on how the City approaches it. I will be proposing this at our board meeting to elicit a response from my board members, and would like the City to also think: about how this could be achieved and whether or not they are interested in a cooperative effort to help us move. Your input would be very valuable and necessary for our success. By working with each other, we can truly bring our community together and create a wonderful neighborhood draw. Sincerely, . Monique Vernon ,/1 ~;rnU ~,~W<--- d II I ~~~'!J.1!I (Il -0- ...--;)' : ' - I 8.' ..." ioi 4 J l 2" " -'f~;~'4 ~- .t?__2_~~S m.. ~~ 01 . I 5" SIDEWAlK STAIRS -="--~~--~. . . ,;---~_.- 9.0'/ . eX) - ~~'R ~ AD. ~ II I I I I ~ v -)-- ^ 18' 113' 9.0' io - I JA ! ~" t-'- ~ 0 rLA~ pJE ~.~~/ o PINE:: STREET .. "'4,~ ':. V -! ~-m I IRM I()' 7-B4 AD PLANnNGS ~..., PAVERS B818~J~ ~ ~ SECTION C-C ~ ...--"- L: ITEM . DESIGN CHECKED I hereby certify that this plan was prepared by me or . under my direct supervision and that I am 0 duly Registered Professional Engineer under the laws of the __ sm~~ .' Date: 11/7/93 Reg. N~ No.1 aWTE REVISIONS -'-' ,.~ '","",",.~ ('> ; . . . LUMBERJACK DAYS AGREEMENT This Agreement between the City of Stillwater, Washington County, Minnesota ("City"), in conjunction with the Lumberjack Days Celebration of 2005, part of a community wide celebration of the City (the "Celebration"); the Lumberjack Days Festival Association, Inc., a Minnesota non-profit corporation ("Association"), that has been granted authority to dispense intoxicating liquor pursuant to Minn. Stat. ~340A.404, subd. 10 ("Liquor"). I. Celebration. The City has encouraged a community wide celebration in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. The date of the Celebration will be July 21, 2005 through July 24, 2005, ending with the parade. 2. The Association. Lumberjack Days Festival Association, Inc. has been granted authority to dispense intoxicating Liquor at the Celebration and has contracted with the Association for the administration of the Beer Garden where the Liquor will be dispensed. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Celebration. 3. The Area. The premise where dispensing will be permitted is the area bordered by the Minnesota Commercial Railroad Track on the west; approximately 100 feet south of P.O. Pappy's on the north (the exact location of the Boundary will be determined by the Police Chief); the St. Croix River on the east; and the north edge of Chestnut Street on the south (the "Area"). 4. Fencinq. The Area must be securely fenced by the Association. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy of exiting in the fence must comply with the Minnesota Fire Code as administered by the City Fire Chief. 5. Crowd Manaaement. (a) The Association will contribute to the City cost of providing uniformed, licensed peace officers, and fire firefighters for the Celebration. The contribution level for Police and Fire Fighters will n9t--eXGe€tlis estimated at $34,200. (b) The Association will provide, at no cost to the City, privately paid professional uniformed security officers equipped with radios. All security officers will be suitably identifiable. The number and deployment of the Security force must be approved in writing by the Stillwater Police Chief by June 1, 2005. (c) For the purpose of this plan, all Entry/Exit gates to the park must be controlled by security personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard must be in place to insure that no beer or Liquor enter or leave the park area. (d) Signage will be prominently displayed at each entry/exit point to notify guests that no Liquor/beer will be allowed in or out of the area. (e) Private paid security officers will roam the Area checking to ensure that each beer drinker is wearing a Lumberjack Days 2005 beer drinking bracelet. Signs will be displayed throughout the area notifying guests that they must be wearing a beer drinking bracelet to be drinking a beer. (f) The Association must prepare an overall site plan for the Celebration that depicts the location of fencing, vendors, and exits. The plan must be presented to both the Police and Fire Chief and be approved by both before May 15, 2005. (g) The Association will work with City Staff to explore the feasibility of a parking and shuttle plan for the Celebration, 6. Liquor Control: (a) Identification Bracelets. The Association will provide at no charge liquor identification bracelets at a minimum of four (4) different locations in the area. The Association will permit no one to consume Liquor unless they are wearing an identification bracelet. The Association will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. The Association will direct its private security forces to give extra attention to enforcing the bracelet requirements and to crack down on abuses. (b) No Other Alcohol or Coolers. No Liquor is allowed in the Area except that Liquor which is sold by the Association. The Association is responsible to see that no other Liquor is brought into the Area. The Association must not allow bottles, containers or coolers to be brought into the Area. (c) Compliance Program. Prior to the opening date of Lumberjack Days 2005, the Association must develop a complete management policy or program regarding all aspects of alcohol compliance, including the problem of the under-aged consumer, sales after hours, sales off the premises in open containers, over-serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Association must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Celebration. 2 ~ , . . . . (d) Compliance Inspection. The Association acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code S43- 8, which authorizes that all premises from which intoxicating Liquor is offered at on-sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 7. Insurance. The Association must provide to the City satisfactory proof that it has obtained liability insurance that names the Association and the City as an additional insured, as loss payees, in an amount of at least $1,000,000.00 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of the Celebration, and Liquor Liability coverage as described in Minn. Stat. S340AA09, evidenced at a minimum, the coverage described in Minn. Stat. S340A.409, subd. 1. 8. Siqns. The Association will post signs, the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as the prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. 9. Noise Control. The Association is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of . the residential area on the bluffs on the north, west and south edges of the downtown. 10. Hours of Operation. Liquor sales will cease 20 minutes before the last band finishes playing, but in no event may liquor be served later than 9:40 p.m. on each day until 12:00 p.m. (noon) the next day. No bands or other music will be played after 10:00 p.m. No Liquor may be dispensed after 9:40 p.m. and no food may be served by vendors after 10:00 p.m. 11. Police Power. The City reserves the right to order a shut down of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that event, the Association will cease dispensing Liquor and must assist the police in the clearing of the Area. 12. Public Information. As soon as practicable after furnishing the main schedule, the Association will publish and widely distribute a schedule of events. After the Celebration closes, the Association will prepare a press release describing the charities that benefit from the Celebration. On or before June 15, 2005, the Association will conduct a marketing workshop to provide information to merchants in the Historic District regarding Celebration businesses and marketing opportunities. . 13. Exclusive Use of Lowell Park. In return for the exclusive use of the North and South End Lowell Park and the right to sublease spaces within the north end of Lowell Park only, the Association hereby agrees to the following stipulations: 3 '. (a) The Association will pay a damage deposit of $250 and a users fee of $500 to be paid at the signing of this Agreement. The damage deposit of $250 to be refunded, in whole or in part, depending on the amount of damage, if any, as determined by the City of Stillwater Parks Director. . (b) The Association shall furnish dumpsters or roll-off boxes in sufficient quantity to contain the accumulation of trash generated by the Celebration and shall see that all trash is pickup up daily and deposited in dumpsters, including the emptying of park trash receptacles. (c) The Association shall furnish adequate portable restrooms to facilitate expected crowds. Additional portable restrooms must be provided by the Association if deemed necessary to protect public health as determined by the Chief of Police. 14. Fireworks. The City agrees to act as a depository for funds donated for the purpose of the community Lumberjack Days fireworks exhibition. The funds will be held in trust for the Association and paid over to the Association upon receipt subject to the continuing obligation of the Association to recognize that the funds be used as intended by the donor. Further, the City will contribute $15,000.00 toward the costs of firework displays on July 4 and July 21, 2005, to be paid over to the Association upon the execution of this Agreement. 15. Music. Musical entertainment for the entire Celebration must be selected with the approval of the Entertainment Committee that was appointed by the City Council. The Entertainment Committee must also review and approve the Media Advertisinq Campaion before the campaion is imolemented. . 16. Downtown Clean Up: On the day following close of the Celebration, weather permitting, the Association will clean Lowell Park and sweep the streets in the Downtown Area that have been impacted by the Celebration. 17. Hold Harmless and Indemnifv. The Association agrees to hold the City harmless and to indemnify and defend the City with regard to any claims causes of action or demands that might be brought against the City arising out of the activities in the Area including the dispensing of Liquor pursuant to this Agreement. IN WITNESS WHEREOF, the parties have set their hands this ,2005. day of LUMBERJACK DAYS FESTIVAL ASSOCIATION, INC. By . Its 4 , . . . STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of April, 2005, by , the , duly authorized agent for Lumberjack Days Festival Association, Inc., a Minnesota non-profit corporation. Notary Public CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of April, 2005, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public 5 ,~ , . . . ORDINANCE NO. 957 AN ORDINANCE AMENDING CHAPTER 52, OFFENSE AGAINST PUBLIC PEACE, SAFETY AND WELFARE, SECTION 52-11, CHILD CURFEW OF THE CITY CODE OF THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: The current section of the City Code, Chapter 52, Offense Against Public Peace, Safety And Welfare, Section 52-11, Child Curfew is hereby deleted in its entirety and replaced with the following that reads: Subd. 1: Definitions Juvenile means a person under the age of seventeen (17). The term does not include persons under 17 who are married or have been legally emancipated. Parent means birth parents, adoptive parents, and step-parents. Guardian means an adult appointed pursuant to Minn. Stat. S525.6155 or S525.6165 who has the powers and responsibilities of a parent as defined by Minn. Stat. S525.619. Responsible adult means a person over the age of eighteen (18) specifically authorized by law or by a parent or guardian to have custody and control of a juvenile. Public Place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Emergency means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ. Establishment means any privately-owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment, or refreshment. Proprietor means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Subd. 2: Prohibited Acts (A) It is unlawful for a juvenile under the age of 12 to be present in any public place or establishment within City of Stillwater: (1) any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. Page 1 of 3 .... , (2) any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the fOllowing. day. (B) It is unlawful for a juvenile, from age 12 through 14, to be present in any public place or establishment within City of Stillwater: (1) any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) any time between 11 :00 p.m. on any Friday or Saturday and 5:00 a.m. on any Saturday or Sunday of the following day. (C) It is unlawful for a juvenile, ages 15 and 16, to be present in any public place or establishment within City of Stillwater: (1) any time between 11.00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. (D) It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within City of Stillwater during tt'Ja. hours prohibited in paragraphs (A), (B) or (C) of this section. . (E) It is unlawful for a proprietor of an establishment within City of Stillwater to knowingly permit a juvenile to remain in the establishment or on the establishment's property during the hours prohibited in paragraphs (A), (B) or (C) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee or the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. Subd. 3: Defenses (A) It is an affirmative defense for a juvenile to prove that: (1) the juvenile was accompanied by his or her parent, guardian, or other responsible adult. (2) the juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment. (3) the juvenile was involved in an emergency situation. (4) the juvenile was going to, attending, or returning home from an official school, . religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization. (5) the juvenile was on an errand at the direction of a parent or guardian. Page 2 of 3 ,. ~ . (6) the juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. (7) the juvenile was engaged in interstate travel. (8) the juvenile was on the public right-of-way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure, or residence. (B) It is affirmative defense for a proprietor of an establishment to prove that: (1) the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minn. Stat. S340A.503, Subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates. (2) the proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours. Subd. 4: Penalty . (A) Violation of Subd. 2, (A) (B) (C) will be prosecuted pursuant to Minn. Stat. S260.195 and will be subject to the penalties therein. (8) Violation of Subd. 2 (D) or (E) is a misdemeanor. Savino. In all other ways the City Code will remain in full force and effect. Effective Date. This Ordinance will be in effect from and after its publication according to law. Enacted by the City Council of the City of Stillwater this 19th day of April, 2005. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . Page 3 of 3 , . . . MEMORANDUM TO: Mayor and City Council FROM: Cindy Shilts, Building Official DATE: April 12, 2005 SUBJECT: 2240 Orwell Court Variance Request for Septic System Attached are copies of letters to Barb Arney, property owner of 2240 Orwell Court N. regarding the current septic system that has failed. At this time there is no city utilities available for hook-up in that area so the septic system must be replaced for continued occupancy of the home. With the limitations of the lot shape and size, options for placement of the new system are limited and a request for a variance to the required 40 foot setback to a bluff line is needed for the installation of the new drainfield system and placement of tanks. It appears that a setback of 30 feet is needed for the new drainfield and 10 foot setback for the new tanks, therefore; the granting of a 10 and 30 foot variance is requested. If a variance is not granted and the current septic system is condemned, then the home would also be considered to be condemned with no means for compliant sanitation services. I feel that condemning the property versus granting the variance would be umeasonable and cause an undue hardship on the owner of the property. I recommend approval of a variance with a condition of a approval requiring a certified survey of the property be submitted to verify the property lines and easements affecting this property. The survey shall have the new and existing septic systems drawn on the survey to show locations and distances to the property lines. COUNCIL ACTION: Approval of septic system variance (resolution) , . AprilU, 2005 To: Cindi Shilts, City of Stillwater From: Barbara Arney, 2240 Orwell Court North, Stillwater, MN 55082 Re: Request for variance In compliance with your request of November 9,2004 I have had my septic system evaluated by a qualified individual, and have proceeded with plans to replace the system. Once the ground thawed, Jack Gill did the necessary soil borings, perc. tests and design for a septic system. He submitted his site evaluation and design to you on April 7,2005. Due to limited space, we will require a variance to the 40' set-back required on the St. Croix River bluff. The tanks will have to be placed 10' from the bluff line and the drain field will have to be placed 30' from the bluff line instead of 40'. As per our conversation, would you please assist me in getting on the City Council Agenda as soon as possible so that I can make this request to the Council. Thank you very much for all of your assistance. Sa.. ~para Arney /;) /f:JM);~ L-~/ . . , . . . ~ . " ~ ..... J wa" ~er ) - -~ ~ THE BIRTHPLACE OF MINNESOTA- ~ November 9,2004 ~ ~~~'\ ~~'- Mrs. Barb Arne 2240 Orwell Ct. Stillwater, MN 55082 Dear Mrs. Arne: During a strong odor seems to in fact threat I noticed a yard. You may the system would be Rule 7080, Individual Sewage If is classified as an iIIl11tinent health threat, and weU.water may be at..risk for contamination. It addressed as soon as possihle due to potential health evaluatedby a qualified individual and a copy of the submitted City of Stillwater within I o Working days with a plan for required bas.ed upon the report. Please contact me with any questions regarding this matter. Sincerely, I ~ Cindy Shilts Building Official cc: address file Dave Magnuson, Attorney CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 '; , rJ; ~ . 'wa).er ~ - ~ --=:::: ~ -- -\~ THE BIRTHPLACE OF MINNESOTA J . November 16, 2004 Mrs. Barbara Arne 2240 Orwell Ct. N. Stillwater, MN 55082 f\\.t. CO~~ Failing Septic System at 2240 Orwell Ct. N., Stillwater RE: Dear Barbara: First of all, I would like to apologize for the numerous messages back and forth, we both seem difficult to contact directly. Per your request to by-pass the inspection process and start the process immediately to have a new system designed is acceptable to the City of Stillwater. You have indicated that the system may be failing due to extra people living in the home, but they will be moving out this week. You have also requested to have the new septic system designed now and installed within three to six months. I will allow the system to be designed now (within the next 20 days) and the installation of the new system to be completed no later than June 15, 2005 provided a pumping schedule be set with a licensed pumper. The frequency of pumping will depend upon the daily flow. Your designer can help determine a schedule that would be . appropriate for the number of occupants and the size of the present tanks and drainfield If in fact the house is going to have more occupants through the winter than what the system can handle or is designed for, then the replacement system must be done as soon as possible. As soon as the design of the new system is completed please submit it to the City of Stillwater Building Department for review along with a signed document from yourself and licensed installer (if you have contracted with one at this point) stating that you understand the current system is failing and needs replacement which will be permitted and completed on or before June 15, 2005. If weather would prohibit this deadline date, you will need to contact me prior to June 15, 2005 to request a 30-day extension. I was in the neighborhood again today to see if the odor of sewage was still present and noticed that the rafters on your garage have been removed and appear to be in the process of replacing them. I'm not sure if you are aware that a building permit is required for this type of work. You can contact me regarding obtaining a permit for this project. You will need to submit two sets of construction plans and truss specifications and fill out the building permit application. I have enclosed a permit application for your convenience. I will be expecting plans for a replacement system to be submitted within 20 working days or December 16, 2004. If you have any other questions, please contact me at 430-8827. Sincerely, /J " ~CJ1~ ~ Cindy ShiltO /' - Building Official Cc: Dave Magnuson, City Attorney Address file . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 , . M E'M B E R ~ ENVIRONMENTAL Asses.smDlt A.uociotWIl Professional Building Inspections and Environmental Services Jack E. Gill, CSO, President State of Minnesota, Certified Building Inspector, #0246 + Certified Accesibility Specialist #1966 Council of American Building Officials, Certified Building Official #761 International Conference of Building Officials, Certified Building Inspector #30795 State of California, Registered Construction and Civil Engineering Inspector #2887 Minnesota Pollution Control Agency, Registered Sewage Treatment System Designer I & Inspector #1745 State of Minnesota, Licensed Asbestos Inspector and Asbestos Management Planner State of Minnesota , Certified Commercial Energy Auditor April 7, 2005 Ms. Barb Arney (651-439-0644) 2240 Orwell Ct. N. Stillwater, MN 55082 Subject: Septic System at 2240 Orwell Ct. N., Stillwater Dear Barb: . Please find attached invoice and septic system site evaluation/design for subject property. I am sending a copy of this design to Tom Powers at Outdoor Design (651-426-9693) and Bill Wolfe at Bill Wolfe Excavating (651-430-2256) and request that they submit a bid to you for installing this septic system. Tom and Bill are excellent installers and I am sure you would be happy with their work. It will be your responsibility to secure the bids, the bids will not be sent to me. It is important to remember that there is only a small area of your total lot that can be used for a septic system. Therefore, it will be necessary for you apply to the City of Stillwater and possibly Washington County for a setback variance relative to the bluffline on your property. The required set-back on blufflines is 40 f~et and you will need a variance of approximately 30 feet. Please contact Ms. Cindi Shilts at the City of Stillwater (651-430-8827) for information on variance applications. It is also possible that the City will require you to survey the property to establish the ditch easement line as it relates to the proposed septic system location. Please keep in mind that the easement as shown on my drawing is approximate and if the actual easement line is found to be much different, I may have to adjust the septic system location. Please be advised that should there be any problems with my design I will furnish any and all extra required work such as soil borings, field trips, etc. at no additional charge. I will do everything possible to make my clients happy, Please contact me should you have any questions. . (r~~ ;~ E. Gill Copies: Mr. Tom Powers - Outdoor Design Mr. Bill Wolfe - Bill Wolfe Excavating M<: rinrli.Bhi.l.t<: - rity of Sti11w~tf.r 118 Forest Ave. Mahtom,edi, MN 55115. Phone(651)426-0880. Fax (651) 426-0158 INDIVIDUAL. SEWAGE TREATMENT SYSTEM MINIMUM SPECIFICATIONS SHEET NAME: MS ,. ~f\R~ , 'I i ADDRESS AND/OR LEGAL DESCRIPTION: J\~1\tY 'L1"L1o O'~W'~l-L 0T\ \;L \iJ kTG Q- e== G\- N.' WASTEWATER FLOW _2.\lzl;QRpQ ~~. Estimated 450 . gal/cW.y, or Measured gal/~y Slll""l'IC TANK Volume I C> (:I C " gal 1=J"OQ LIFT STATION Volume bOO gal Pump: deli very rate \ 0 gal/min total head ~ ft discharge per pumping event Inside diameter of ,pressure to treatment area 't- \ \ 1 . gal line from pump inches . SOIL / Depth to restricting layer + 1 Percolation rate: mini in at 12 inch depth min/in at 24 inch depth 7, b - 6 mini in at ;4 c:. inch depth Lanu. Slope Ft-I\ T % DRAINFIELD uiliNCHES Minimum depth of trench !> .b inch Maximum depth of trench .41. ll}ch Bottom area for trenches having 2- '1 inch 0:1 rock below the distribution pipe ~ ct, sq ft Trench width Total trench length Number of trenches "3 , '\ <n ft t.t <!.- 5'6 t-F SA c.-H ft LAYOUT (Site Plan) ., Spacing of trenches ~ ft oc Dis\rjbution (check one): ~ drop box pressurized laterals - complete PRESSURE DISTRIBUTION SYSTEM section bel. BED _hi: Its.._ Minimum depth of bed inch Maximum depth of bed inch Bottom area for bed having 12 inch of rock below the distribution pipe sq ft Bed Width Bed Length MYJND N / -It: Bottom ar~a for bed having 9 inch of rock below L~e distribution pipe Bed Width Bed Length Upslope sand base depth Upslope dike width Downslope sand base depth Downslope dike width PRESSURE DISTRIBUTION SYSTEN N lit Inside diameter of manifold pipe Perforated lateral inside diameter length number spacing Perforation: diameter spacing ft ft . ft ft ft ft ft in ft inac in inoc 1. Use an appropriate scale and indicate direction by use of a north arrow. 2. Show pertinent property boundaries, rights-of-way, easements, etc. 3. Show location of house, garage, driveway and all other improvements existing or proposed 4. Show location and layout of sewage treatment system including tanks" trenches, etc. 5. Show location of water supply well. . Specifications and layout have been designed by ~~ '" G 04 Minnesota Pollution Control Agency Certification No. Date 1..[-7-. Exp. Date ~,- 07 t, . NOTES/CALCULATIONS 2240 Orwell Court N.. Stillwater - Arnev . Verify all drawing dimensions, elevations, all property lines and setbacks to neighboring wells. TANKS . Fill/collapse existing septic tank and drywell tank. Install one new 1,000 gallon septic tank and one new 1,500 gallon compartment tank (1,000 gallon portion to be used as second septic tank and 500 gallon portion to be used as lift station). Tank locations shown on drawing are approximate and can be field located to fit site, 10' set-back to property lines, 10' set-back to buildings and 50' set-back from adjacent wells. Maximum ground cover over tanks is 5 feet. Drainfield . . 3 bedroom home, 450 GPD flow . Perc Rate = 36 MPI, Soil Sizing Factor 2.0 . 450 x 2.0 = 900 SF total drainfield with 12" ofrock under pipe and 2" of rock over the pipe. Reduce for 24" ofrock under the pipe: 900 X 0.66 = 594 SF total drainfield area. . 594 divided by 36" wide trench = 198 LF of drainfield trench, . 198 LF Drainfield Trench divided by 4 Trenches = 50 LF Per Trench. Trench length and location can vary slightly at Contractor's discretion. . Use spacing of 6.0 LF on center between trenches. Use drop box at each trench. . Set-backs: 20' to buildings, 10' to property lines and 50' to water welL Special Conditions . Save all trees where possible. . Contractor shall coordinate entry to property and type of restoration with Owner. . A 30 foot variance to the required 40 foot distance for the bluffline set-back will be required. . Contactor shall inspect condition of main building drainline and replace as necessary. . PUMP SELECTION PROCEDURE. · A. Determine pump capacity: . 1. Minimum suggested is 600 gallons per hour (10 gpm) to stay ahead of water use rate. 2. Maximum suggested for delivery to a drop box of a home system is 2,700 gallons per hour (45 5l'Ul) to prevent build-up of pressure in drop box. 3. Use value from design of pressure distribution system. SELEC 1 ~v PUMP CAPACITY 10 gpm B. Determine head requirements: 1. Elevation difference between pump and point of discharge. '7l, feet If pumping to a pressure distribution system, add five feet for pressure required at manifold 2. o feet 3. Friction loss a. Enter friction loss table with gpm and pipe diameter. Read friction loss in feet per 100 feet from page F-18. F.L. = . Z ft./l00 ft of pipe b. Determine total pipe length from pump to discharge point. Add 25 percent to pipe length for fitting loss, or use a fitting loss cha.rt. Equivalent pipe length - 1.25 times pipe length = 25 x 1.25 = )1-2-5 feet c. Calculate total friction loss by multiplying friction lossin ft/100 ft by equivalent pipe length. Totalfriction loss =.l. x ""3,1.2S- +100 = .0"- Total head required is the sum of elevation difference, special head requirements, and total friction loss. feet /- 4. ~ (1) d (2) + o (3d + TOTAL HEAD <6 feet C. Pump selection 1. A pump must be selected to deliver at least 10 5l'Ul (Step A) with at least ~ feet of total head (Step B). D. Total Pumpout Volume 1. To maximize pump life select sump size for 4 to 5 pump operations per day. 4(;-0 gpd + 4 = /13 gallons per dose 2. Calculate drainback 1. Determine total pipe length, 25 _ feet. 2. . Determine liquid volume of pipe, gallons per 100 feet. (see page F-18) 3. Multiply length by volume: Drainback quantity = 2S feet x n.l(~ gallons/lOO ft. = 4,3 gallons. .. Suggested drainback quantity is 10 percent of pumped quantity. A larger drainback percentage will decrease pump station efficiency slightly but pumping energy costs are usually a relatively small part of the total household energy costs. 3. Total pump out volume equals dose volume + drainback -LiY gallons per dose + 4 gallons = I (1 Total Gallons Pump F-15 . Pipe Length l Point of Dischar Elevation Difference F-18b 1.5 inch 2.0 inch 3.0 inch Friction 10S$ per 100ft of pi pc gpm W 12 14 16 18 20 25 30 35 40 45 50 55 60 0.69 0.96 1.28 1.63 2.03 2.47 3.73 5.23 7.90 11.07 14.73 (uO) 0.28 0.38 0.48 0.60 0.73 1.11 1.55 2.06 2.64 3.28 3.99 4.76 5.60 0.11 0.16 0.23 0.30 0.39 . 0.48 0.58 0.70 0.82 D-7 ESTIMATED SEWAGE FLOWS IN GALLONS PER DAY NU~~ER TYPE OF RESIDENCE Q BEDROOMS n In Dl: 2 300 225 IBO 60% 3 450 300 218 or 4 600 375 256 volutS In 5 750 450 294 T~.r. 6 900 525 332 7 1050 600 370 0' m 6 1200 670 408 Columns F-18a Pille diameter (inches) I 1 1.25 1.5 2 2.5 3 4 Gallons per 100 feel 4.4.9 7.77 10.58 17.43 . 24.87 38.4 66.1 11.01 _ _ _ 22<43 /. ---- ur\VVt:LL c.UUKI N (? ~~. 2 ~4> ~,,'\ ~/,,,'~ ~ . ~ 1 *"'~ '65.73 "-- lli(20s '---DEEDS. Location Map z ...JW ...J0 WOO 3: '0:: o . I/.~. (j) ~ rt 478.15 q; o "'! ;:: '" . y~,,\ "'"", '''-, ., 300,00 296.78 .....78 ~. ...... . . *'" *"'~~ . ." ~ ~ ....flO . 25 25 li\ 144.68 1 ~ 1~.1S 13 a 8 ~ .,..,.. 9 *",'l 1 185.00 RIW PER 8K 12\1 DEEDS. PG 100 8 ~ / / // '" ~ ~ ~ ~ 215.11 'q, 300,' . .1 R2IW R20W RI9W I D2N D2N I DIN DIN I DON DON I . I 119N 119N i I rr ~ n'N I I 11SN 1 nmLj 11m I R22W R21W R20W Vicinity Map I ~ I o 150 Scale in Feet llHs drawing. the resun: of . l;QmpRatlon and repC'oductiQO of land recorda as they ~r In wOOus Wa$hington County offic:es. The drawing &houtd be use4 'or reference purpos.. o<1ly. W..hlngton County 1$ not resPOf'l'~e foe' .nylnan..'-;~~. SOl.I'ee: W~....,',....., CountySutveyor'l Office. Ptlone(651)~75 _18 b...d on AS4OO' . .., current 1h<ough: Januory 31 .. 2005 Map printed: March 25. 2005 ... o H'\ \\ : - ... \l)i .) 4(1 \}. ~ I i I . I , .1 .~ . A !? i~; ~pf .. . JII', 011, o ..i~ ~j~ 0' ~ <) ~' '" . u, ,.... ;i Z Jio , ..1\ , ~ ~ ~~ i ! 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'---rA~ f:~.-.. t3tA~;y\. \~r:. .', :.._.._,....----.--.._...._........._-_._-_...__.,.,~ , " -,-"., ~ t -- -~~",~e :/y~w 5,0 ... .~.~ -{...... . -- -" \)Rl\ \ ~y\ ~'-O to~~~~7. .. , --,J:.,,:~~ ~,~"lt"T -.........;,~.. -, - -9ft. f'fretTf' . ~'=.~ ..f"- "'=-1- . ~' ---- '--- 1 ' ---' --""'------.., ,;. \j'cw S~S\f..M .. --- "iffective 1 0/20/97 r ..~-~ . . . I :~f~..L.~:,,;":' ; . ... I J.1Ll__ Chapter Four .:. Individual Sewage Treatment System Regulations 'll " $9\b~apilble.gt:belU2ingthe weightofth~~~anditscontents. Sewage tanks shall be setback as specified in. I e.m'i;~ewage t~nks shall not bepI3~.in areas subject to flooding or in floodplains delineated by local ions adopted in compliance with MN Rules, Chapter 6120 or in areas for which regional flood ationis available from the DNR, excepHhat in areas where ten year flood information is available from ,rapproved by theQ~.i$,ewage tanks may be installed as an alternative system in accordance with all ovisions of Section 15.3. Feature Water Supply Well less than 50 feet deep and not encountering at least ten feet of impervious material. Any other water supply well or buried water suction pipe Buried pipe distributing water under pressure Occupied buildings and buildings with basements or crawl spaces Non-occupied structures Property lines Above ground swimming pools In ground swimming pools Sewage Tank Soil Treatment Area 50 100 50 10 50 10 10 20 5 10* 10 10 10 10* 10 10 The Ordinary High Water Mark of: . Natural Environment Lakes and Streams Recreation Development Lakes and Streams General Development Lakes and Streams All unclassified waters St. Croix River Rural Districts St. Croix River Urban Districts 150* 75* 75* 75* 150* 100* 150* 75* 75* 75* 150* 100* Blufflines: St. Croix River Blufflines Shoreland Blufflines 40* 20* 40* 20* * These standards may be modified through the variance process. 11.10 Aerobic tank treatment systems shall comply with the general requirements for sewage tanks set forth in this Chapter, and withthe following: . ~ ~ ~ . ~ ~. (1) The treatment system including each individual unit or compartment shall be easily accessible for inspection and maintenance and shall be provided with secured covers. . . - Washington County Development Code 21 " Lo~s of Soil Borings 11, ~ ~' .~_. 6-~-~.'b-C~ ~ . ,,^, I \b', .t\ AASHO ; USDA-SCS'f- i Unified ; ocher Hand~, or .Po.....er ; Flight: _, or' BucKec X: oc~e, Locat:ion or Project Bor 1ngs ra..ade' by Classification SY8te~: Auger used ,Ccheck t.....o): . Depth, in feet 0 1- 2 - J - 4 - 5 - . 6 - 7 - 8 - Boring number ~ - \ .~~~e~~&~;~ot~6~~ o - l ~ tl ~ \ v'\ r;:: \ \.-L- L-O f\ "\1\ . .,~ --I~''1~ ~ r 40 if t)~~rO'l -- ""1 . .:- - II o '8 - } C) t;; I\...'\ t01fl 1'/6 t-C^M -- ." .i)- l, err- l \.l<> 1 {2 L1 U t~S..l. b L- 1 r-\ ,1 1(J~r'-1/' ~, I <I\yJ{} f. (~ fl~i'~\'" -, feet. End of boring at Stand!~g ....ater table: ~esent ae feet of depth, hours after bOr~g. Not present in boring hole ..' ~ottled soil: Observed at feet of depth. Noc present in boring hole X Obs-.;rvat1ons and COCDlllents: . 3 - 3 ~ C \ ~ \J'. -1 't- 3 ---10 ~ Dace Depth, in feet Borin~ number 10 ~c1-- Surface elevation \e>OO r6 6 f f) ~ -\3 't r\t-L-. Uk~\..,OA ~ l.b - '?1 1,'.1/ \e ~R- ~/k ; i__((il L.oAfrt-Y 1 d l(tZ ~/c 5A f\JO i 1t~ItV6 L -~ 1 ~ \\..T t...oA~ 2 .-->. J " 5 - ... 6 ~,_- Cb4 If 't e "<El to" F' o).f: ~"tJP"" ..,tJ ,~,~..(t~_ 7 8 - End of bor:i.n~ ac 1 Standin~ ....acer ca~le: fee: ' Present at fen c: cepc-., .h 0 U r 9 aft e r b 0 r ~ r. R., Not present in borin,~ hoLe X Ho t t 1 e d s 0 11 : Observed at feet of c~ Not present in boring hoLe Observations and corn:nencs: INCHES INCHES TOP OF DISTRIBUTION MEDIUM AT: BOTTOM OF DISJ~Lg:IQN MED)pM AT: REMARKS: '~~~S\4.~ .V)e"R\~~.:> " WERE SOIL SAMPLES SPRAYED? YES NO ~ PERCOLATION TEST DATA SHEET Company Name PSI Percolation Test Performed by BLH Homeowner Name Arney Address 2240 Orwell Ct. N., Stillwater Test Hole # P-1 Diameter of hole 6 Method of scratching sidewall Board with nails Depth to bottom of hole 36 inches D ate presoak started 4/3/2005 Depth of initial water filling 12 above hole bottom Method used to maintain 12" of water depth in hole for 4 hours Date perc readings conducted 4/4/2005 Maximum depth above hole bottom during test 8 . License Number 604 inches Depth of gravel at bottom 2 inches Starting at 9:00 AM Re-FiII Starting at 3:45 PM inches Directions: Enter elapsed time and drop in water level and the rest will be calculated ~~ 2 60 30 1.00 30.0 50.0 NO ::@iiii:i:Iii:::i:~i:ii~:::::i::~~i~iii:i.i!i::::j::ii~::Ij~:Iiii:i:i:i:i:i:i::Iji:~::::::I:Ii::i:@,rf:::i::~:::ii:i:i::i~ii:i:I:j~::::::i:j::::::~::j:::::::::::j:,;ii.1t:I:j:::::::::::::::::::j:::I::jIi::::::::j'::j:iiM:j::::::::::::::::i:~j:jI::i::i::::::i:::~~::::::~jil,~:::I::jIi:II:::::II:::i:i:i:i::::::rlj:jI:j:::j::I:::::j::: 4 120 30 0.81 37.0 8.6 YES [j:'ijliiI::j:\\\I::H@)i\:::i:::fi:\:fffl:f'\:'):i\ft{\)I::ii\::)))::::)\:f\tIII:f:I:ltt:::J~~ijj::t:::m;::li:Iff:tllttr~l.;gtlr}m:::r:mtr:::fIIm~l:mm:::tt:::r::::::f:Im;~~:);m))l\;:I: 6 180 30 0.88 34.1 8.0 YES ::::~r::::::~:i:~:::f:~~:iii:~~:~:~:~::::::i::::::r::::::~::::::::::::::::::~ii:::iii::iiiiiiiiiii::iiiiii:i:::::9.@:t:tmm:mr:::I:::::::I:::J:::::::J:I::IliiII~:::::::J:::::~iI::i:f::I::::~::::::::::@I@~:@:J:I::::::::Jlr::@::::r:::::::~::~mt::::I~:::::::::::::I:i:r:::~::r:::Ji::~::~t:i:::I:i:::::I~:::f:; 8 0 O~ O~ 0 * 3 consecutive percolation rates must be within 10% or less of each other AVERAGE PERC RATE = 36 MPI . . Page 1 of 1 . PERCOLATION TEST DATA SHEET Company Name PBI License Number 604 Percolation Test Performed by BLH Homeowner Name Arney Address 2240 Orwell Ct. N., Stillwater Test Hole # P-2 Diameter of hole 6 inches Method of scratching sidewall Board with nails Depth to bottom of hole 36 inches Depth of gravel at bottom 2 inches Date presoak started 4/3/2005 Starting at 9:00 AM Depth of initial water filling 12 above hole bottom Method used to maintain 12" of water depth in hole for 4 hours Re-FiII Date perc readings conducted 4/4/2005 Starting at 3:46 PM Maximum depth above hole bottom during test 8 inches Directions: Enter elapsed time and drop in water level and the rest will be calculated ~~ 2 60 30 1.56 19.2 12.2 NO :~:i:::::::~:::::~~~:::::::::,:~:::::::I@::::::::~~::::::::::::~::::::::::::I~:::::~:::::::::~:~:::::@~::::~:::::~~:~:::::::::::::::I:::::I:::::~~::~~:::::::::::::Mm::::~~::II::::::::::~:::~:::I:::::~:::::::::~:~::::::1i.l.i:::::::::::~:I:I:~:::'::::~::::~~~:::I:':Ii~~::::::::::::::~::::::::::::::II::::I:::::::::Xgi:::::::::::::::::::::::::: 4 120 30 1.63 18.4 0.0 YES ::~~\~:??:::::~:::::~:::r:n:m.t:::::::::::::::t::::::::::\t:::::::::::::~::~::~::::Mqr::::::::::::::r::::rI:::::::::::::::::::::::::::::@@~l.r:\tm::::::::::I:::::::::::::::::::::::::11iij::::::;;:::::;::::::::::::::::::::::r:~:::::::M$.::I:::::::::::::~:::::::::~:I:t:II:h~~~It:::;::;::::;I: 6 0 0.0 0.0 0 . 8 0 0.0 * 3 consecutive percolation rates must be within 10% or less of each other 0.0 o AVERAGE PERC RATE = 18.7 MPI I Page 1 of 1 . . '. ~ Individual :cSewage ."..eatment Systems, .. ~ 'f, Non-Transferable L' ... e'..... !!i e' . Li~ense#L604 . '. . .' Date of Issuance: . : . C. ".Designer I Licel)Se Expires: 11> Dec 29, 2004 Mar 15,2006 ! '~:>:. ~, ,~ , PBI.Env'Services , ;''6' ~, .~ t- ,.~ . Designated Registered .;. Registration . . Professionals (l)RPs) RegistratioJ;l Type Expires Jack E. Gill Designer I Dec 31, 2006 . ',5 BrianL. Humpal Designer I. Oct 15,2005 .. . Brian L. HumpW Pumper '" Oct15,2005 ~ ~ Brian L. Humpal . ' Installer Oct 15~ 2005 William B. Tepley Oct 8, 2005 ~ Designer I " . ,/ .., . .. 4 ... Go 9 _ M.in'lesota '~IIUtion Control Agency' . ~- -.. .' - . - 520 Lafayette Road No. St. Paul, Minnesota 55j55-4194 . ;.. · ~~rL~~:cr CusfWrze1::, Employee and Agency DTt . ... ., '. ;c,. ,." . . APPROVAL OF VARIANCE REQUEST FOR SEPTIC SYSTEM FOR 2240 ORWELL COURT N WHEREAS, there are no city utilities available for hook-up in that area so the septic system must be replaced for continued occupancy of the home; and WHEREAS, with the limitations of the lot shape and size, options for placement of the new system are limited and a request for a variance to the required 40 foot setback to a bluff line is needed for the installation of the new drain field system and placement of tanks; and WHEREAS, if a variance is not granted and the current septic system is condemned, then the home would also be considered to be condemned with no means for compliant sanitation services; and WHEREAS, a setback of 30 feet is needed for the new drain field and 10-foot setback for the new tanks, therefore; the granting of a 10 and 30-foot variance has been requested. . NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater that the variance request for septic system at 2240 Orwell Court N. is hereby granted with the following conditions: 1. Submittal of a certified survey of the property is submitted to verify the property lines and easements affecting this property. 2. The certified survey shall have the new and existing septic systems drawn on the survey to show locations and distances to the property lines. Adopted by the Stillwater City Council this 19th day of April 2005. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk <tI . . . . MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald, Planner Date: April 19, 2005 Re: Fiscal Year 2005 Certified Local Government Award The Heritage Preservation Commission has received a grant from the Minnesota Historical Society Grants Committee for $6,000. The grant is for an evaluation of surveyed properties; the ten properties are listed below (see attached grant letter). This money is matched by the City and used toward the completion of the Stillwater Historical Architectural Survey that was started in 1994. The Survey study is divided up into neighborhoods. Ten neighborhoods have been surveyed as of today, they are: 1. Hill Original Town (7/31/95) 2. South Hill Original Town (7/31/96) 3. Greeley Addition (7/31/97) 4. Dutchtown District (7/31/98) 5. Holcombe District (7/31/99) 6. Hersey Staples & Co.(7/31/00) 7. Carli & Schulenburg's Addition (7/31/01) 8. Churchill, Nelson & Slaughter-West Half (7/31/02) 9. Churchill, Nelson & Slaughter-East Half (7/31/03) 10. Staples and Mays Addition (To be completed 7/31/05) The Heritage Preservation is requesting authorization to advertise for an investigator for this final phase of the architectural survey. ; . . . . MINNESOTA HISTORICAL SOCIETY April 7, 2005 The Honorable Jay Kimbel Mayor City of Stillwater 216 N. Fourth Street Stillwater, MN 55082 RE: F.Y. 2005 Certified Local Government Award Federal Grant Number: 27-05-20425.003 Dear Mayor Kimbel: I am pleased to inform you that on March 31, 2005 the Minnesota Historical Society's Grants Review Committee reviewed the city's Certified Local Government grant application. Their recommendation was to approve the request of $6,000 for an evaluation of surveyed properties. The Grants Office is in the process of preparing the Certified Local Government Grant Agreement for your project. This will be forwarded to project director Sue Fitzgerald w~en completed. On behalf of the Society and the State Historic Preservation Office, I am pleased to be able to inform you of this award. Our office looks forward to working with the city on this important project. Should you have any questions or concerns about the award or the agreement, please do not hesitate to call either Mandy Skypala at (651) 296-5478 or Mike Koop at (651) 296-5451. Thank you. Sincerely, ~~ J- ~~ Britta L. Bloomberg Deputy State Historic Preservation Officer cc: Sue Fitzgerald, Project Director / Howard Liberman, HPC Chair 345 Kellogg Boulevard West/Saint Paul, Minnesota 55102-1906/Telephone 651-296-6126 . . . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Assistant City Engineer DATE: April 5, 2005 RE: Boutwell Road Improvements Feasibility Study Project (2005-05) DISCUSSION Up unti12001, most of Boutwell Road was in Stillwater Township, the only portion that was in the City of Stillwater was a section 1000 feet north of Myrtle Street. Boutwell Road was annexed into the City from Stillwater Township in 2001. It was planned back then that Boutwell Road would serve as a minor collector route for future development in the western part of the City. Because of this, Boutwell Road was designated as a Municipal State Aid (MSA) Street and became eligible for the City to receive funding from the State for future improvements. Boutwell Road in its current condition is a 20-foot wide rural road, probably designed to township standards of a 5-ton road. There is no storm sewer system along Boutwell Road and runoff is mainly conveyed through ditches. Sanitary sewer and water are available on each end of the project. For this report it is proposed to upgrade Boutwell Road from Myrtle Road (CR 12) to Creekside Crossing, approximately 3700 feet. A new road with storm sewer and an eight-foot trail is proposed, In addition to the street work, it is necessary to extend sanitary sewer and water main along Boutwell Road to serve the area between Boutwell Road and CR 12 where future development is proposed. Street Construction It is proposed to widen Boutwell Road to be 26 feet wide with curb and gutter. The road would be designed to MSA standards, which includes a 9-ton pavement section. The pavement section would consist of five inches of bituminous, eight inches of aggregate and two feet of granular material. Since the new curb and gutter will eliminate the ditch system, a storm sewer system will need to be constructed to convey runoff effectively. An eight-foot bituminous trail is proposed for the north side of Boutwell Road the entire length. When roads are constructed it is common practice to put the center ofthe road in the center of the right-of-way. With the construction of the trail, space is limited on the north side of the right-of-way to work with the existing terrain. It is proposed to shift the center of the road to be five feet south of centerline. This allows more room to match the existing grade and have less retaining walls on the project. As part of the construction, the city would be working with the Washington County . Transportation Department on improvements at the intersection of Boutwell Road and County Road 12. Estimated cost for the street, storm sewer and trail construction is $1,245,000.00. Sanitary sewer As part of street improvement project on Boutwell Road it is proposed to extend city sanitary sewer. This is necessary to serve future developable area that is scheduled for annexation in the upcoming years. Sanitary sewer would be extended from the existing sanitary sewer main at the intersection of Boutwell Road and Creekside Crossing. This extension would potentially serve the entire area east of Minar Avenue in between Boutwell Road and Myrtle Street. The new eight-inch sanitary line would be a gravity flow system but because ofthe depth of the sewer, averaging over 30 feet deep and the limited right-of way, makes it difficult and costly for an open trench installation. It is suggested that directional bore techniques be used to install this sanitary sewer main. Sanitary services would be installed from the manholes to serve existing properties along Boutwell Road. Estimated cost for the sanitary sewer main is $556,884.00. Water Main Installing a new water main on Boutwell Road not only would provide city water to the . annexation area, it also would provide a link to the City of Stillwater's water distribution system by providing better water pressure to the annexation area. An eight-inch main would be installed from Boutwell Place to Neal Avenue. From Neal Avenue, a 12-inch main would be installed to Creekside Drive and then would allow for an extension further west to the Settlers Glen Development. Along with the water main, hydrants and water services would be installed. Estimated cost for water main is $231,300. PROJECT FUNDING A summary ofthe project is shown below: Street Constrcution Sanitary Sewer Water Main $1,245,000.00 $ 556,884.00 $ 231.300.00 TOTAL PROJECT $2,033,184.00 It is proposed to assess a portion of the street cost to the property owners along Boutwell Avenue that live in the City of Stillwater. There are ten properties that front to Boutwell Road, but three properties are in a unique situation where their properties have double frontage (front and back) on two city streets (2 on Mallard Court and one on Boutwell Court). It is proposed that these . . three properties not be included in the assessments since they will be included on future street improvement projects. The remaining properties would be assessed on a per unit basis. A unit cost amount for Boutwell Road amounts to $6803.20 per lot. In comparison for the 2005 Street Reconstruction Project, the unit assessment was $5892.13. This road section is constructed to different standards than the city normally requires (9-ton MSA road vs. 7-ton City road), it is proposed that the $5892.13 assessment rate be used. This would generate $35,454.78 in assessments toward the street cost. The remaining portion or $1,209,545.22 would be paid through Municipal State Aid funds. Sanitary sewer and water main is being installed primarily for the benefit of the undeveloped properties south of Boutwell Road. It is proposed that the entire cost of the sanitary sewer and water be charged to this area in the form of a trunk fee when the property is developed. In looking at the area there appears to be 50 acres of developable land. At a cost of $788,184.00 the cost per acre would be $15,763.60, This amount is only estimated and probably would change at a later date when the area is closely looked at. Project funding Street Assessment (7 properties) MSA funds Trunk Area Fees $ 35,454.78 $1,209,545.22 $ 788.184.00 . Total Project $2,033,184.00 RECOMMENDATION Since the project is both technically and financially feasible, it is recommended that council approve the feasibility study for the Boutwell Road Improvements and call for a hearing. ACTION REOUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2005- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON THE BOUTWELL ROAD PROJECT (PROJECT 2005-05). . RESOLUTION RECEIVING REPORT AND CALLING HEARING ON ON BOUTWELL ROAD PROJECT (PROJECT 2005-05) WHEREAS, pursuant to resolution ofthe council adopted AprilS, 2005, a report has been prepared by the City Engineer with reference to the Boutwell Road Project; and WHEREAS, the report provides additional information regarding whether the proposed project is necessary, cost-effective and feasible. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: 1. The council will consider the improvements of such street project in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429. 2. A public hearing shall be held on such proposed improvement on the 3rd day of May 2005, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council ofthe City of Stillwater this 19th day of April 2005. Jay L Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . e ii ~''-'I''''';---- >" MINAR LANE NORTH "- " . Boutwell KoacrProject A -ea . ,,\ . I . ~ \ TOWNE ~ ~ <!!- '} \~ ,,9 " 12 ~::::':=-:- / '<'~ 1J~ o 5: "J '1z.0' ~ oS .." ~<'<,;' /~,----~- N N City of ~L~~tr Engineering Departme~ o 500 Feet , I // City Limits N j. $~~;/ w ~.~':~~ E (<-.~\)~' S Project Area 500 " /~ "\\ Boutwell Koad P "o'ec'~ .. Trun { Sewer & Water Service Area I ---j+vl\l~ '-- )~../2J ,~ ~/' ~~ Jj - - 1- I_="- City Limits City of .' water Trunk Sewer & Water Service Area rv --- N "",Ar~.f;' ~ w{~)~~ E \~~<-r.w-""l"{>/ ~ . ~ . </ ,," e . SOD Engineering Department o SOD Feet /( ~'~I','I"- MINAR LANE NORTH . " '\ . Bou'~well K~ad t-Jro' eet Assessed ::>ro Jerties i~ - ~ ~ t..~""'~''''''..j \ ' . ,W )\ /'- ..... ;~ ) .[:)\ /' ~ r I~ ___ '" ~ it /8- /,,: ,'MIN"'" ,,~NUE j;; z ~ % ~H12 QR1H - ,," ~- Assesed Properties N City of ~Lw~t~r E ........D ~ ngrneerrng epartment o 500 Feet I ~ N City Limits , ("..Ace,;. 'S'~"'.:' w~ ~r> E \~p ~i '<-V-1-lY S 500 I . e . ~emo J DATE: April 13, 2005 TO: Mayor/City Council Sharon Harriso~vG\0 Finance Directo~--D~~ Credit Card Processing for City Hall . FROM: RE: BACKGROUND One of the goals of the Finance Department is to implement the ability to accept credit card payments for a various number of items/services provided by the City of Stillwater. Currently, the City accepts credit card payments only from the downtown parking machines and for donations for the remodeling of the Library (The Rec Center has a completely separate process and is done by the Rec Center and not at City Hall). In order to accommodate the various types of payments, whether the payments are made at the front counter, on the telephone, at the parking machines or on the City's web-site, we decided that using one product versus several different types of products/vendors would prove to be much more efficient. We also wanted a product that would: (1) Give us the ability to access history by name or credit card number, (2) Allocate fees back to the various types of serviceslitems, (3) Summarize the days activities by fee type and generalledger information, (4) Identify who processed the payment, (5) Be compatible with our network/internet environment, (6) Be secure to use by the City and the end user, (7) Provide easily accessible support, (8) Provide the necessary hardware (i.e. card reader), and (9) Training. CURRENT METHOD OF PROCESSING CREDIT CARDS Currently, Wells Fargo provides the City with its merchant account. A merchant account is required in order to process the actual credit card transaction between the credit card company and the City. The fees for this service are as follows: Merchant Fee: $35.00 per month per merchant account Paper Statement: $7.50 per statement Transactions Fees: Card Swipe: 2,13% + .20 per transaction Not Swiped: 3.13% to 5.13% (% amount is dependent on the amount of the transaction) + .20 per transaction \ . The software (PC ChargePro) used to communicate the actual transaction and the support provided to communicate the credit card transactions are provided by another vendor. Software support is currently $80.00 per hour and is charged on a "as needed basis". This software is a PC based system using a phone line to communicate the credit card transactions. Currently the City does not use a card reader to read the credit cards. Credit card information is either entered manually into the software or downloaded from the parking machines into the software. A card reader is available from Wells Fargo for a fee of$2,500. This fee does not include maintenance or replacement of the card reader. Currently we have no vendor to provide us with a web store. A web store is needed to be able to accept credit card payments from our web site. Also, viewing transaction history is done on line over the internet. This product is provided by and supported by Wells Fargo and is free of charge. PROPOS~D METHOD OF CREDIT PROCESSING Rose Holman and I met with a firm called Rev Track that can provide us with exactly what we need/want. Rev Track provides a PC based, network compatible software that uses an encryption device to process the credit card transactions over a secure internet line. Rev Trak also provides: (1) The merchant account necessary to process credit card transactions, (2) A secure web store needed for accepting credit payments on the City's web site, (3) software support for both the software and the web store, (4) Transaction history, (5) General ledger account information, (6) Necessary hardware, (7) Training, and (8) Compatibility with the City's existing network and we site. The pricing of this product is as follows: . Monthly Fee $89.95 Card Reader Fee: $4.95 per month Transaction Fees: Card Swipe: 1.99% + .28 per transaction Not Swiped: 2.59% + .28 per transaction Web Site Transactions: 2.79% + .33 per transaction The Monthly Fee includes: (1) All software upgrades, (2) Software/Transaction support, (3) Merchant Service fees, (4) Maintenance of the Web Store, and (5) Training. The Card Reader fee includes all maintenance, replacement and rental fees. At this time, we only need one card reader. Note: The Rec Center credit card processing can also be done with this product at a future date if so desired by the Council. . . IN SUMMARY . . If we remain with the current merchant service provider (Wells Fargo), we will have to continue to use the software PC Charge Pro to process our transactions. Software support is only available thru another vendor (Wells Fargo does not support this product). Ifwe want to accept credit card payments on our web site, we need to contact yet another vendor. They will, in turn, require a monthly fee. Rev Trak provides us with all the requirements that we are 100king for in a product. Rev Trak will provide the merchant service account, the software, software upgrades, software support, viewing transaction history, and the secure web store, etc. (as listed above) to accomplish what the City needs/wants with "one-stop shopping". This, is the long run, saves the City money. RECOMMENDATION Staff recommends entering into any agreement with Rev Trak to purchase the necessary components/services for processing credit card payments at City Hall. ACTION REOUIRED: If Council accepts the staff recommendation they should direct staff to proceed in acquiring an agreement with Rev Trak. Below are estimated costs for accepting credit card payments for building permits: CREDIT CARD COSTS ASSOCIATED WITH BUILDING PERMITS IService Fee ICard Reader Fee: ITransaction Fees: I Card Swiped I Card Not Swiped: I Webstie Transaction: $ of Charge $89,95 _W//////II/!//!~~ $4.95~. ~~$~#~$~_ Visa/Master Card Fee Monthly Fee % Transaction Fees Amount per # of Transaction Transactions $0,28 $0.28 $0,33 370 370 370 ~ ~ W//~ 1.99% $350.000.00 2.59% $350.000.00 2,79%1 $350.000.00 Total Building Permit Revenue for 2004: $1,401,509.89 Total Building Permits Issued for 2004: 1,447 Assumptions: y,. of the building permits issued will be paid by credit cards. Yearly Cost $1,079.40 $59.40 1 I $7,068,60 I $9.168,60 $9.887.10 The cost will range from approximately $8,207.40 to $11,025.90 per year based upon the listed assumptions. . . . .' . . . "Ylemo DATE: April 19, 2005 TO: Mayor/City Council Sharon HarriSO~~ Finance Directo~ Credit Card Processing for City Hall . FROM: RE: Attached is an agreement between the City and Rev Trak for credit card processing at City HaIL If Council so desires to proceed, Council needs to adopt a resolution authorizing the agreement between Rev Trak and the City for credit card processing services at City HalL ~ . APPROVAL OF AGREEMENT WITH REVTRAK NOW THEREFORE, BE IT RESOLVED that the agreement between the City of Stillwater and RevTrak to provide credit card processing at City, 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 19th day of April 2005. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . I . .. eYTlak MERCHANT AGREEMENT 307 W. 92nd SI. Bloomington, MN 55420 (952) 888-8787 I PREPARED BY: SHARON HARRI SON DBA Business Name (if different from Legal Name): Corporate/Legal Name: CITY OF STILLWATER Address (Physical Location): Mailing Address: 216 NORTH 4TH STREET City: State: Zip: City: STILLWATER State: Zip: 55082 MN Email Address: Website Address: www.ci.stillwater.mn.us Contact :\ame: Title: Contact Name: Title: SHARON HARRISON FINANCE DIRECTOR Fax #: 651,430,8750 Business Phone #: Fax #: Business Phone #: 651,430,8812 Name and Address to Appear on Statement 0 DBA 0 Legal Fed Tax ID # 41-6005566 I Merchant Expected Average Ticket: 350000 Monthly MC/Visa Volume: 29000 Current Processor: Primary Auth/Data Provider: SIC Code: Mail/Telephone Y or N % State specifically merchandise type or the exact services offered: Give specific comments concerning location: Deposit Routing/Transit #: Deposit Account #: Chargeback Routing/Transit #: I Chargeback Account #: 2/24/05 ] of4 .. \ MERCHANT PROCESSING AGREEMENT TERMS AND CONDITIONS THIS IS A MERCHANT PROCESSING AGREEMENT ("Agreement") entered into as of the date set forth below by and between, Bank"), RevTrak, Inc ("RevTrak"). and the undersigned U,S. domiCiled business (the "Merchant"). BACKGROUND INFORMATION NCMIC Finance Corporation a (FederaI/State) banklOg corporation ("Mem. Member Bank IS a member of both VISA U.S.A. Incorporated CVISA") and MasterCard Intemational ("MasterCard") (each a "Card Association"). RevTrak processes financial transactions including, without limItation, the facIlitation and processing of bankcard payments by holders of VISA and MasterCard branded bankcards. Member Bank and RevTrak have entered into an agreement whereby RevTrak acts as Member Bank's agent and bankcard processor (Member Bank and/or RevTrak shall hereinafter collectively be referred to as HProcessor"). Merchant desires to accept payments from Its customers via VISA and MasterCard branded bankcards for Merchant's goods and/or services and retains Processor to sponsor Merchant's acceptance of such bankcards and provide Merchant with bankcard processing and settlement servJces. Processor agrees to provide such services in accordance with the terms and conditions set forth below. Accordingly, the parties to thIS Agreement, Intendmg to be legally bound, agree as follows' OPERATIVE PROVISIONS 1. Services; Operating Procedures Guide. Processor agrees to provide to Merchant, at Merchant's U.S. locations Identified In the Application (as defined below), bankcard processing and settlement services (the HServlces") m accordance With the terms and conditions of thiS Agreement and the Operating Procedures Guide, the terms of which are incorporated into thiS Agreement by reference and made a part of this Agreement. 2. Definitions. Unless otherwise provided, the capitalized terms used In thiS Agreement have the meanings designated in the Operating Procedures Guide 3 Card Association Rules and Regulations. ALL CARD TRANSACTIONS AND THIS AGREEMENT ARE SUBJECT TO, AND THE PARTIES AGREE TO BE BOUND BY, APPLICABLE CARD ASSOCIATION OPERATING RULES AND REGULATIONS, including the VISA Cardholder Information Security Program, (COLLECTIVELY, THE "ASSOCIATION REGULATIONS'), AND ANY CHANGES TO THEM MADE BY A CARD ASSOCIATION FROM TIME TO TIME, WHETHER OR NOT ALL THE PARTIES HAVE BEEN NOTIFIED OF THOSE CHANGES. PROCESSOR SHALL NOT BE RESPONSIBLE FOR PROVIDING ANY COPIES OF THE ASSOCIATION REGULATIONS TO MERCHANT. PROCESSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION THEY MAY PROVIDE, IF ANY, TO MERCHANT REGARDING THE ASSOCIATION REGULATIONS FROM TIME TO TIME, AND DISCLAIM ANY AND ALL LIABILITY FOR LOSSES INCURRED BY MERCHANT THAT IN ANY WAY ARISE OUT OF MERCHANT'S FAILURE TO COMPLY WITH THE ASSOCIATION REGULATIONS. IF THERE IS A CONFLICT BETWEEN THIS AGREEMENT AND THE ASSOCIATION REGULATIONS, THE ASSOCIATION REGULATIONS SHALL GOVERN. 4. Fees. The Fees and other charges to be charged by Processor to Merchant for the services provided under this Agreement are set forth in the Merchant Application and Fee Schedule (the Application), which is made a part of thiS Agreement. The Discount Rate shall be charged on all new sales (i.e, sale transactIOns not Including "returns" or credits to cardholders). Processor may change such Fees from time to time upon 10 days prior written notice to Merchant. The Fees set forth In the Fee Schedule do not include, and Merchant hereby agrees to pay, all fees, charges, penalties, fmes, assessments and additional or Increased costs of any nature that may be charged by the Card Associations or other third party, whether charged to dJrectly or indirectly Incurred by Processor in connection WIth matters contemplated by the Agreement, Including Without limitation, adjustment fees and Interchange fees 5. Card Transactions. In addition to the requirements for Card Transactions set forth in the Operating Procedures Guide and Association Regulations, Merchant agrees that it will not (a) deposit Into its Bank Account any Sales Draft or Credit Draft for any Card Transaction between a Cardholder and an entity other than Merchant; (b) accept cash payments from a Cardholder for prevIous Card Transactions; or (c) make a cash disbursement to a Cardholder arising out of a Card Transaction or any other use of a Card 6. Merchant's Bank Account a. Merchant shall establish, and at all times during the term of the Agreement, maintain one or more Bank Accounts with an Institution in order to facilitate payment of amounts due from time to time under this Agreement, which Institution shall be identified in the Fee Schedule. If requested by Processor, Merchant shall arrange for a Bank Account to which automated clearing house (~ACH") transactions may be made to facilitate payment of amounts from time to time under thIS Agreement. b. All credIts, charges and debits in connection with Card Transactions and other amounts oWing under this Agreement shall be made to Merchant's Bank Account, including without limitation, all Fees, Adjustments and Chargebacks. Any Fees or other charges not collected by Processor through a debit to Merchant's Bank Account, for whatever reason, shall be Invoiced to Merchant by Processor and are due upon Merchant's receipt of such InVOice. c If Merchant has more than one depOSit account With ItS Institution, any or all of such accounts may be treated as Merchant's Bank Account and may be credited, charged or debited in connection with Card Transa. ctions and other amounts oWing under thiS Agreement as Processor may determine; proVided, that Merchant may desi~nate a parti_cula~ Bank Account(s) with. respect to certain amounts to be cre~it. charged or debited from time to tIme by Processor in connection With particular Card Transactions. Processor agrees to comply With such deSIgnation so long as the deSignated Bank Account(s) contam suttlC funds to satisfy such charges or debits. d. If a debit or Chargeback to Merchant's Bank Account results in an overdraft, Merchant shall immediately depOSit with lnslttution an amount sufficient to cover such overdraft and any related service charges or fees. e. All Items credited and debited to Merchant's Bank Account(s) are subject to reVIew, venfication and acceptance by Processor. Processor may withhold crediting of questionable Items pending verification, investIgation and confirmation. In the event of an error, Merchant authOrizes Processor, without notJce to Merchant, to credit or debit Merchant's Bank Account(s} and any future deposits in Merchant's Bank Account. f If Merchant desires to change ItS Institution or if Merchant's Institution no longer desires to provide ItS services to Merchant, Merchant shall notify Processor in writing at least ten (10) days prior to the effective date of the change and shall follow Processor's procedures for completing the change. Display of Service Marks. Advertising and Promotional Materials a Merchant shall prominently display at each Authorized Location any service marks, identification logos and any other promotional materials (collectively, the "Service Marks") the Card Associations furnish to Merchant to alert Cardholders that Cards wJlI be honored at Merchant's AuthOrized Locations. ThIS requirement shall not apply to private clubs or other merchants that do not serve the general public or other class of merchant exempted by a Card Association. The Service Marks for each Card Association must be at least the dimension of and as prominent as any other card program mark or logo displayed. b. Merchant may use the Service Marks only to indicate that Cards are accepted by Merchant for payment. Merchant shall not state. imply or use the Service Marks to indicate that Processor or any Card ASSOCiation endorses, sponsors, produces, offers, sells or is affiliated with any of Merchant's goods or services. c. Merchant shall not refer to Processor or any Card or Card Association in stating eligibility for Merchant's merchandise, services or membership. d. Merchant's use of the Service Marks of any Card Association shall be governed by the Card Association's Regulations and Merchant shall not use any Service Marks in a direct mail solicitation Without prior written approval of the applicable Card Association. e. Merchant's right to use or display the Service Marks shall continue so Jong as this Agreement remains in effect, unless Processor directs that such use or display shall cease. Merchant acknowledges that the Service Marks are the property of the applicable Card Association and Merchant shall not infringe upon the Service Marks. 8. Term. ThiS Agreement will be effective as of the date set forth below and will continue in effect for a term of one year follOWing such date (the "Initial Term"), unless earlier terminated as provided for below. Following the Imtlal Term, this Agreement will automatically renew for additional one year renewal terms, unless a party provides Written notIce to the other parties of its intent not to renew this Agreement at least 60 days pnor to the expiration of the then current Term (a uTermination Notice"). If a party provides a TerminatIon Notice to the other partIes, this Agreement shall terminate on the expiration of the then current Term. 9 Events of Default. An "Event of Default" shall mean the occurrence or existence of o~~ or more of the following events or conditions, whatever the reason for such Event of Default and whether voluntary, Involuntary or effected by operation of law: (a) Merchant fails to pay any obligation under tf'Hs Agreement to Processor when due; (b) any representation or warranty made by Merchant under this Agreement, the Fee Schedule or any financial statement, certificate, report, exhibit or document required to be furnished by Merchant to Processor pursuant to this Agreement shall prove false or misleading in any material respect as of the time when made, including any omission of material information necessary to make such representation, warranty or statement not misleading or the failure to provide required information; (c) Merchant shall default in the performance or observance of any covenant, agreement or duty under thjs Agreement or any Association Regulation; (d) Merchant is no longer allowed by a Card Association to accept theIr Cards as payment or Merchant's name appears on a Card Association's terminated merchant file; (e) Processor reasonably concludes that any criminal, fraudulent, unauthorized or suspicJOUS activity has occurred or IS imminent With respect to Merchant's acceptance of bankcards or Merchant's performance under this Agreement; (f) there is an unexplained material change In Merchant's processed volume, average ticket size or mode of sale; (g) Processor reasonably concludes that there exists a risk of an abnormal level of Chargebacks or that Merchant may not fund Chargebacks, fees or other charges as they occur; (h) Merchant has defaulted on any obligation for borrowed money and the effect thereof may permit the holder of such indebtedness to accelerate the time when repayment is due; (I) there IS an adverse matenal change in Merchant's business, operations, financial condition, properties, assets or prospects; U) one or more judgments against Merchant for the payment of money remain undischarged, unsatJsfled or un stayed for a period of 45 consecutive days; (k) Merchant's lender takes possession of Merchant's Inventory; (I) a writ or warrant of attachment, garnishment, execution, distraint or similar process shall have been Issued against Merchant or any of ItS assets; (m) a proceedmg shall have been instituted with respect to Merchant (1) seekjng an order for relief or a declaration entalhng a finding that Mercha. Insolvent or seekmg a similar declaration or finding, or seeking dissolution, w. inding up, charter revocation or fOrfeltu. reo -' liquidation, reorganization, arrangement., adjustment, composition or other SImilar relief respect to Merchant ItS assets or Its debts under any law relating to bankruptcy, Insolvency, relief of debtors or protection of creditors, termination of legal entities or any other Similar law now or hereafter In eff or (2) seeking appointment of a receiver, trustee, custodian, liqUidator, aSSignee, sequestrator or other Similar offICial for Merchant or for all or any substantial part of ItS assets; or (n) Merchant shall become Insolvent shall become generally unable to pay its debts as they become due, shall voluntarily suspend transaction of Its bUSiness, shall make a general assignment for the benefit of credItors, shall instItute a proceeding deSCribed in subsection (m){1) above, or shall consent to any such order for relief, declaration, finding or relief deSCribed therein, shall Institute a proceeding described in subsection (m)(2) above, or shall consent to any such appointment or to the laking of possession by any such offiCial of all or any substantIal part of ItS assets, shall dissolve, wmdup, revoke or forfeit ItS charter (or other constituent documents) or liqUidate Itself or any substantial part of its assets, or shall take any action in furtherance of any of the foregoing. ~ef~~~~nt shall notify Processor m Writing Immediately upon becoming aware of an Event of Default or an event which, With the passing of time or the giVIng of notice, or both, would constitute an Event of 20f4 " l . R. <.Qir It , CilT .'GK MERCHANT AGREEMENT Description Visa/MC Swiped Visa/MC Mail/Phone Visa/MC Website Visa/MC Non Qualified Discount 1,99% 2.990/0 3,29% 3.49% Per Item 0,28 028 0,33 0,28 The parties hereto agree to abide by the tenns and conditions contained in the Merchant Agreement to which this signature page is attached, MERCHANT: The undersigned hereby authorizes RevTrak to investigate the credit ofthe oflicer listed below and that he/she has the authority to provide such authorization and to execute this Agreement Other Fees Amount Merchant hereby authorizes RevTrak to initiate credit and/or debit entries {or amounts originating under the Merchant Agreement and the provision of related services, software and equipment (via ACH or otherwise) including any reversals or adjustments on original entries to the Merchant's Bank Account (as defined in the Merchant Agreement Fee Schedule), Attach Voided Check. Voice Authorization 0,50 0,50 12,00 25,00 9,95/mo 29,95/mo 9,95/mo T & E Authorization Chargeback Rejected ACH Monthly Statement Single User Monthly Statement Multiple Users Additional Locations Card Reader Monthly Statement Web/Site License Application Setup Monthly Minimum 4,95/mo 49,95/mo - 89,95/mo N/A N/A N/A REVTRAK,INC. Merchant: g REVTRAK, Witnessed by Signature Date Signature of Officer JAY KIMBLE MAYOR Print Name Title Print Name Title Reviewed By: Print Name Signature Approved By: Print Name Signature COMMENTS: Date Date Date 3 of 4 " \ 10 Remedies Upon Event of Default. Upon the occurrence of any Event of Default. Processor may employ any or all of the following remedies it deems appropnate: (a) terminate this Agreement Immediately upon notice to Merchant; (b) Without prior nollce to Merchant, refuse to accept or revoke acceptance of any Sales Draft or Credit Draft, or the electronic transmiSSion thereof If applicable, received by Processor on or at any time after the occurrence of any Event of Default; (c) without pnor notice to Merchant, debll Merchant's Bank Account In an amount equal to any amount then owed to Processor; (d) establish a reasonable reserve using Merchant funds In Processor's possession to cover foreseeable Chargebacks, cardholder credits or Fees; (e) Increase the Fees payable by Merchant hereun. commensurate with the increased risk: (f) require Merchant to depOSit, as cash collateral, such amounts as Processor may require to secure. Merchant's obligations hereunder; (9) report to one or more cr reportIng agencIes any outstandmg Merchant or guarantor Indebtedness to Processor: or (h) take such other action as may be permitted by law 11. Liquidated Damages. For purposes of this Section 11, a MliqUldated Damage Terminatlon~ shall mean: (!) a termination of tillS Agreement by Processor following an Event of Default specIfied In Sectlon 9 above; or (ll) a termlnat~on of thiS Agreement by Merchant tor any reason whatsoever, otller than following written notice given by Merchant pursuant to Section 8 or 13. The parties agree that the actual damages which will result to Processor from a Liquidated Damage Termmation are not readily ascertainable as of the effective date of this Agreement. In addition, Merchant acknowledges and agrees that In reliance on this Agreeme[1t and other long.term agreements, Processor will Incur additional long-term costs, Includmg Without limitation, computer hardware, software, labor, and other fixed costs. Accordingly, upon the occurrence of a Liquidated Damage Termination, Merchant shall pay to Processor, in addition to all amounts owed each for the services provided to Merchant pursuant to thIs Agreement, liquidated damages of the greater of (i) $5,000.00; or (Ii) [THIRTY PERCENT (30%) of the average total monthly fees Incurred during the preceding 6 months (or such shorter period If this Agreement has not been in effect for 6 months), times the number of months, or portion thereof, remaining in the then current term of thIs Agreement. The parties intend that the liquidated damages be in lieu of Processor's lost profits for the remainder of the term of this Agreement, but not in lieu of any other damages to which Processor might otherwIse be entitled arising out of wrongful acts or omiSSions of Merchant 12. Change in Merchant's Business. Merchant shall submit Bank Card transactions for approval only for the product or products listed In the Merchant Processing Application and Agreement. Merchant shall not submit Bank Card transactions for any product, mcludmg goods and services, not preViously approved In writing by the Processor. 13, Termination by Merchant. Merchant may terminate thiS Agreement upon 30 days prior wntten notice to Processor In the event of (a) receipt by Merchant of notIce of any Increase in Fees payable to Processor pursuant to Section 3 hereof (excluding pass-through fees payable to a Card ASSOCiation or other third party, or Fee Increases pursuant to SectIon 10 (above); or (b) any material amendment or modification to this Agreement made by Processor pursuant to Section 19 hereof which adversely affects Merchant in any material respect (excluding material amendments or modifications reqUired due to changes to an ASSOCiation Regulation or applicable federal, state or local law or regulation). Merchant's right to terminate pursuant to thiS Section 13 shall expire 30 days follOWing Merchant's receipt of nODce of any such Fee increase or material amendment or modification. 14. Credit Inquiries; Reporting; Financial Statements. Merchant authonzes Processor to make any credit Inquiries they conSider necessary to accept or to renew their acceptance of this Agreement. Merchant also authorizes any person or credit reporting agency to compile Informallon to answer such credit Inqulnes and to furnish such Information to Processor. Merchant agrees to provide to Processor such finanCial statements or other information concerning Merchant's business or operations as may be requested by Processor from time to time, in appropnate detail, promptly upon request by Processor. Upon request by Processor, Merchant shall furnish to Processor, wlthm 120 days after the end of Merchant"s fiscal year, an audIted finanCial statement of profit and loss for such fiscal year and an audited balance sheet as of the end of such fIscal year. Processor may, at their discretion, accept unaudited financial statements prepared by a public accounting firm. 15 Representation and Warranties. Merchant makes the following representations and warranties which shall be true and correct on the date of thiS Agreement and at all times thereafter: (a) all informatIon contaIned in Merchant's AppllcatlOn or any other document delivered to Processor In connection thereWith or With this Agreement IS true and complete in all matenal respects; (b) Merchant has the power to execute, deliver and perform thiS Agreement; (c) this Agreement IS duly authorized and will not violate any provisions of law, or conflict WIth any other agreement to which Merchant is subject or by Which Merchant's assets are bound; (d) Merchant has all reqUIred licenses, if any, to conduct ItS business and IS qualified to do bUSiness In every jurisdiction where it is reqUired to do so; (e) there IS no action, suit or proceeding at law or in eqUity pending, or to the knowledge of Merchant, threatened, by or against or affecting Merchant which \f adversely declded to Merchant would Impair the right of Merchant to carry on its business substantially as now conducted or adversely affect its finanCIal condition or operations In any materia! respect: and (f) Merchant IS not now, nor shall it in the future, become engaged in any method of selling which IS now or in the future set forth in the Operating Procedures GUide as an "Unacceptable Selling Method: 16. Indemnity. Merchant agrees to indemmfy, defend and hold harmless Processor, their respective affilIates, directors, officers, employees and agents from all claims, liabilities, loss, damage, and expenses of any nature (Including fees and expenses of legal counsel and costs of litigation) ariSing from or in connection with: (a) any dispute or claim made by a Cardholder with respect to a Card Transaction, including but not limited to, any such dispute concerning the quality, fitness or delivery of merchandise or the performance or quality of services; and (b) the failure of Merchant to comply With the provisions of this Agreement, Association RegulatIons or appllcable federal, state or local laws and regulations, 17, JURISDICTION; WAIVER. MERCHANT HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) AGREES THAT ANY ACTION, SUIT OR PROCEEDING BY ANY PERSON ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY STATEMENT COURSE OF CONDUCT, ACT, OMISSION OR EVENT OCCURRING IN CONNECTION WITH THIS AGREEMENT (COLLECTIVELY, "RELATED LITIGATION") MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION SITTING IN POLK COUNTY, IOWA; (B) SUBMITS TO THE JURISDICTION OF SUCH COURTS (BUT NOTHING HEREIN SHALL AFFECT THE RIGHT OF PROCESSOR TO BRING ANY ACTION, SUIT OR PROCEEDING IN ANY OTHER FORUM; (C) WAIVES ANY OBJECTION WHICH IT. HAVE AT ANY TIME TO THE LAYING OF VENUE OF ANY RELATED LITIGATION BROUGHT IN ANY SUCH COURT WAIVES ANY CLAIM THAT ANY SUCH RELATED LITIGATION HAS BEEN BROU IN AN INCONVENIENT FORUM, AND WAIVES ANY RIGHT TO OBJECT, WITH RESPECT TO ANY RELATED LITiGATION BROUGHT IN ANY SUCH COURT, THAT SUCH COURT DOES NOT HA JURISDICTION OVER MERCHANT; (D) CONSENTS AND AGREES TO SERVICE OF ANY SUMMONS, COMPLAINT OR OTHER LEGAL PROCESS IN ANY RELATED LITIGATION BY REGISTERED 0 CERTIFIED U.S, MAIL, POSTAGE PREPAID, TO MERCHANT AT THE ADDRESS DESCRIBED BELOW AND CONSENTS AND AGREES THAT SUCH SERVICE SHALL CONSTITUTE IN EVERY RESPECT VALID AND EfFECTIVE SERVICE (BUT NOTHING HEREIN SHALL AFFECT THE VALIDITY OR EFFECTIVENESS OF PROCESS SERVED IN ANY OTHER MANNER PERMITTED BY LAW); AND (E) WAIVES THE RIGHT TO TRIAL BY JURY IN ANY RELATED LITIGATION, 18. LIMITATION OF LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAW NO CLAIM MAY BE MADE BY MERCHANT AGAINST PROCESSOR OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ANY OF THEM FOR ANy'SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY STATEMENT, COURSE OF CONDUCT, ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THIS AGREEMENT (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY), MERCHANT HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER SUCH CLAIM PRESENTLY EXISTS OR ARISES HEREAFTER AND WHETHER OR NOT SUCH CLAIM IS KNOWN OR SUSPECCTED TO EXIST IN ITS FAVOR 19 MISCELLANEOUS PROVISIONS. a Merchant shall not assign, subcontract, license, franchise or in any manner attempt to extend to any third party any nght or obligatlon under thiS Agreement. Processor may assign this Agreement at any time without notIce. b. This Agreement shall be governed by the laws of the state of Iowa. The prevaIling party in any such action shall be entitled to the recovery of its reasonable attorney's fees, costs and expenses. c. This Agreement may be modified by Processor upon 30 days prior written notice to Merchant d. No party shalt, by the mere lapse of time, without giving notIce or taking other action, be deemed to have waIVed any of their rights under thIS Agreement. No waiver of a breach of this Agreement shaJl constitute a waiver of any prior or subsequent breach of this Agreement. e. In order to maintain quality service, telephone communications with Merchant may be monitored and/or recorded WithOUt further notice or disclosure. No party shall be liable for any loss or damage due to causes beyond ItS control, Including earthquake, war, fire, flood, power fallure, acts of God or other catastrophes. g. If the Merchant IS or becomes the subject of any Insolvency, bankruptcy, receivership, dissolution, reorganizatIon or other SImilar proceeding, federal or state, VOluntary or Involuntary, under any present or future law or act, Merchant consents to the Immediate and absolute lifting of any stay as to the enforcement of remedies under this Agreement, Including speCifically the stay imposed by S362 of the United States Federal Bankruptcy Code, as amended. h. Each party and each person signing on behalf of a party represents and warrants that It has the full legal capacity and authority to enter mto and perform the obligations of this Agreement without any further approvaL I. This Agreement and the documents referenced herein constitute the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations are terminated and canceled in their entirety, This Agreement shall not be construed more strongly against any party, regardless of who IS more responsible for its preparation. k. If there is any conflict between a part of thIS Agreement and any present or future Association Regulation or applicable federal, state or local law or regulation, only the part of this Agreement that is affected shall be modified and that modification shall be limited to the minimum necessary to bring thiS Agreement Within the reqUIrements of the ASSOCiation Regulation, law or regulation. I. All notices, including invoices, given in connection with thiS Agreement, shall be in writing and deemed received 48 hours after deposit in first class United States mail, postage prepaid, or if given by other means, upon actual receipt Notices sha!! be delivered to the appropr:ate party at its address set forth below. m, Merchant shall be liable for alllaxes, except Processor's mcome taxes, required to be paid or collected as a result of this Agreement. n.. . All ob.llgatlons, warranties and lIabllllies of Merchanllncurred or eXisting as of the date of termination of thiS Agreement, including Without limitation, M. erchant's obligations with re.spect to sUbsequ. Adjustments or Chargebacks based upon Card Transactions Incurred prior to termmatlon, shall survive termination and shall continue In full force and effect as If the termInation had not occurred. The ngh revoke credIt as well as hold, retain or set off against amounts due to Merchant, or to debit any Bank Account(s} of Merchant, shall survIve the termmatlon of thIS Agreement and shall continue In full force a effect as If termination had not occurred o. Nothing in this Agreement shall be deemed to create a partnership, JOint venture or any agency rela\lonshlp beJ:v./een the parties. p. Processor specifically disclaims all warranties of any kind. expressed or implied, Including warranties of merchantability. This agreement IS a service agreement and the provisions of the Unjform Commercial Code shall not apply to 1t 4 of 4 , , . . . . . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Assistant City Engineer DATE: April 19,2005 RE: 2005 Seal Coat Project DISCUSSION This year it is proposed that the City have another Seal Coat Project. Seal coating increases the life of a street by adding a protective coating layer of fine aggregate and emulsion. The streets proposed for this year's project S. 2nd Street, N. 4th Street, W. Aspen Street, Autumn Way, Cherry Street, Creekside Circle, Creekside Crossing, Creekside Court, Curve Crest Boulevard, Eagle Ridge Trail, Green Twig Way, Kallie Court, W. Lake Street, Legends Boulevard, W. Linden Street, Myrtlewood Court, Pioneer Boulevard, Rutherford Road, Sterling Way, Walnut Street, S. West Street, Wildwood Lane. See enclosed map. $100,000 was budgeted for seal coating and crack sealing this year. The estimated cost for the 2005 Seal Coat Project is $84, 000. The remaining amount of$16,000 is being spent on materials for sealing the cracks by the street department prior to seal coating. Along with the street seal coating, the Downtown Parking Commission has agreed to seal coat six parking lots downtown. Those parking lots are, according to the downtown public parking lot map are 10ts 1,6, 7, 11, 12 & 13. The estimated cost of seal coating the parking lots is $15,200, this will be paid by the Downtown Parking Commission. One other community, Stillwater Township has expressed their interest to be included in with the bidding of the project. This increases the quantities in the Bid Proposal and generally provides better bid prices for all than if each community bid their own project separately. Stipulations have been inserted in the specifications that the contractor who is awarded the contract will bill each community individually. RECOMMENDATION Staff recommends that Council approve the plans and specifications for the 2005 Seal Coat Project and order the advertisement for bids. ACTION REOUIRED If the Council concurs with the recommendation they should pass a resolution APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2005 SEAL COAT PROJECT (PROJECT 2005-06) II . r ; . APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2005 SEAL COAT IMPROVEMENT PROJECT (PROJECT 2005-06) WHEREAS, pursuant to a resolution passed by the Council on Aprill9, 2005, the City Engineer has prepared plans and specifications for the 2005 Seal Coat (Project 2005-06) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and twice in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk until May 12, 2005, at . 10:00 a.m. at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on May 17, 2005, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent ofthe amount of the bid. Adopted by the Council this 19th day of April 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . r . ... . . z z [%J ~"l .:\ C . z ..; > C '~ 5' ~ 87,,,> C Sr, AI i ~ ~ liD N. .. ..; > C ~ -' 'f i I BOth ST. -, 119 IJO ~N, ST. @ i~ t! ~! ,. Ill! J:~ 62 ~ OR. ~ , ... :> :I: ~ ~ ~ -, '\ ..; ,,> ORENC o-z CT. ~ liD ;e. ~- N. . .::-'\ TJClN ll~ f>Oth ~ ST. N. I' TJClN 1120\1 . I I I ~ ~ I' hereby C....ti', thol this pk:ln .os p,.~pored by me or I ~~ ~ undcf my direct lupef.ws.on end thai I om 0 duly Ae9istet'ed Prolaulonoi Enqineet' un~ the lo.s 01 'he ~il~;lt~r STILL \.lATER 2005 I rile NO. I 1 / 2005-06 STREET 2ND ST. SOUTH 4TH ST. NORTH 4TH ST. NORTH ASPEN ST WEST AUTUMN WAY CHERRY ST. CREEKSIDE CIR. CREEKSIDE CROSSING CREEKSIDE CT CURVE CREST BLVD. EAGLE RIDGE TRAIL GREEN TWIG WAY KALLlE CT. LAKE ST. WEST LEGEND BLVD. LINDEN ST WEST MYRTLEWOOD CT. PIONEER BLVD. RUTHERFORD RD. STERLING WAY WALNUT ST. WEST ST. SOUTH WILDWOOD LN PARKING LOT 1 6 7 11 12 13 START END NELSON ST EAST WILLARD ST WEST rvoORE ST WEST WILKINS ST EAST LAUREL ST EAST MYRTLE ST. NORTH WILLIA/'v1 ST NORTH 4TH ST CR. 5 END NORTH 5TH ST NORTH SECOND ST CREEKSIDE CROSSING CREEKSIDE CROSSING BOvnNELLRD. END CREEKSIDE CROSSING END WASHINGTON AVE IGREELEYST I CREEKSIDE CROSSING NEAL AVE I EAGLE RIDGE END IGREENTWIGWAY lEND I SOUTH GREELEY ST I END BARRONS WAY 162ND ST NORTH 5TH ST I NORTH SECOND ST I MYRTLE ST. (CR 12) lEND I RUTHERFORD BLVD. I PIONEER PL I MYRTLE ST. (CR 12) I PIONEER BLVD. ECHO LN I END SOUTH THIRD ST I SOUTH BROPDWA Y ST WEST PINE IWEST WILLARD EAGLE RIDGE I END LOCATION S. I\AAJN ST. & 300' SOUTH OF NELSON ST. E. OF THE INTERSECTION OF MAJN & COIVI\IERCIAl S.E. CORNER OF WATER ST & MULBERRY ST. W. SIDE OF SECOND & 1 DO' NORTH OF COI\t1VERC t-m CORNER OF SECOND & OLIVE ST. W. OF THE INTERSECTION OF SECOND & NELSO~ 4 4 STREETS PARKING LOTS ~ . MEMORANDUM TO: Mayor and City Council FROM: TimMoore ~\Vl' J Sf. Engineering Technician DATE: Apri114,2005 RE: 2005 Street Improvement Project Project 2005-02 DISCUSSION: . Bids for the 2005 Street Improvement Project were opened on Thursday, April 14, 2005. The City received six bids with the 10w bid of$779,879.50 submitted by Miller Excavating, Inc. (see attached resolution), The engineer's estimate for this project was $925,000.00. The bid included an amount for the sidewalk on 5th Street which totaled $32,000.00. RECOMMENDATION I recommend that the City accept the bids submitted for the 2005 Street Improvement Project, Project 2005-02 and award the contract to Miller Excavating, Inc. with a low bid of $779,879,50, ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2005- ACCEPTING BID AND AWARDING CONTRACT FOR 2005 STREET IMPROVEMENT PROJECT . ACCEPTING BID AND AWARDING CONTRACT FOR 2005 STREET IMPROVEMENT PROJECT (Project 2005-02) . WHEREAS, pursuant to an advertisement for bids for the 2005 Street Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Miller Excavating, Inc., Stillwater, Minnesota $779,879.50 Tower Asphalt, Lakeland, Minnesota $784,867.25 Pember Companies, Inc., Menomonie, Wisconsin $875,088.85 North Valley, Inc., Brooklyn Park, Minnesota $887,231.50 T.A. Schifsky & Sons, Inc., North St. Paul, Minnesota $887,702.30 Hardrives, Inc., Rogers, Minnesota $1,014,057.28 ENGINEER'S ESTIMATE $925,000.00 . and WHEREAS, it appears that Miller Excavating, Inc., Stillwater, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1, The Mayor and Clerk are hereby authorized and directed to enter into a contract with Miller Excavating, Inc. of Stillwater, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 19th day of April 2005. Jay L. Kimble, Mayor . ATTEST: Diane F. Ward, City Clerk <' . . . MAGNUSON LA wFIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDrNG 333 NORTH MAIN STREET' SUITE #202 . P,O. Box 438 . STILLWATER. MN 55082 TELEPHONE: (651)439-9464 . FAX: (651)439-5641 DAVID T. MAGNlISON MARGARET M. MURPHY MEMORANDUM TO: Larry Hansen and Klayton Eckles David 1. Magnuson Pftn V FROM: DATE: April 7, 2005 RE: Sf. Croix River Crossing Project I have paired down what Mn/DOT sent to satisfy the plain English requirement of the Charter and also to limit the description, As you know, the Charter limits the number of words to 300, however, we could argue that we are entitled to 300 words for each site. At any rate, the Charter requires that the City Council prepare this so we cannot begin publication without their approval. It looks as if we have adequate time to complete this in the ordinary course of business according to the updated schedule of March 28, 2005, If this looks okay, we can put it on for consideration at the next meeting. DTM/jmo ~ NOTICE . As part of the planning for a new bridge across the St. Croix River, Mn/DOT and Wis/DOT (DOTs) have proposed several mitigation items with the Preferred Alternative package that, if implemented, will affect City of Stillwater (City)--owned park property (Stillwater Municipal Barge Facility property, Lowell Park and Kolliner Park.) Following is a description of the affects: This information is being provided to fulfill City obligations under Chapter 1, Article 16 of the City Code (City Owned Land) which requires public review if the character of City-owned land is substantially changed or altered, 1.0 STILLWATER MUNICIPAL BARGE FACILITY PROPERTY The new river crossing is located south of the Barge Facility property, Construction will not require the acquisition of any land from the site, Construction of a park access road at the south end of the sites will impact approximately 1.4 acres of site. This access road will connect with the Sunnyside Marina access and TH 95. To provide mitigation for the impacts of a new river crossing on the recreational values of the Lower St. Croix Riverway, the DOTs have proposed a loop trail system between Minnesota and Wisconsin utilizing the new river crossing bridge and the Lift Bridge. The loop trail would consist of two components through the site: 1) bicycle trail adjacent to TH 95 utilizing the former . railroad corridor, and 2) a pedestrian trail that would diverge from the loop trail at the south end of the site, follow the St. Croix River shoreline to the north end of the site, where it would reconnect with the bicycle trail through downtown Stillwater. The Terra Terminal building on the Barge Facility property will be demolished and removed. Removal of the Terra Terminal building and hazardous material will require a temporary occupancy of the Barge Facility property, 2.0 LOWELL PARK Completion of the loop trail system will include construction of the loop trail from the Barge Facility property north to Lowell Park and the Lift Bridge. The current alignment for the loop trail is along the former railroad right-of-way along the west boundary of Lowell Park between Nelson and Chestnut streets, connecting with the Lift Bridge along Chestnut Street. With conversion of the Lift Bridge to a pedestrian/bicycle facility, the Lift Bridge will be closed to general use. City emergency vehicles (e.g. ambulance, fire, police) will continue to have access to the Lift Bridge. 3.0 KOLLINER PARK Completion of the Loop trail system will include construction of a trail from the east abutment of . the Lift Bridge to existing STH 35 in Houlton, Wisconsin. Two trails, one for bicyclists and one for pedestrians, will parallel one another up the Wisconsin bluff from the Lift Bridge. The loop ~ I . . . trail will bisect Kolliner Park, similar to the existing roadway, Removal of the existing STH 64 Lift Bridge approach and CTH E will eliminate general vehicular access to Kolliner Park, and downtown Stillwater from STH 35 in Wisconsin. The bicycle portion of the loop trail on the Wisconsin Bluff is a 12-foot paved trail with 2 to 5 foot vegetated shoulders, City emergency vehicles will have access to Kolliner Park from Wisconsin along the bicycle trail. To mitigate for the visual and bluff impacts of a new river crossing, the DOTs have proposed to remove non-historic elements (e.g. existing driveway, parking area, other miscellaneous structures) from the Kolliner Park property. Minor regrading and plantings may be required. Some retaining walls will be left in place to maintain drainage. Historically significant elements exposed above the soil surface would be documented and covered with fill. More information is available by contacting the City Clerk. Dated: ,2005 Larry D, Hansen, City Administrator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 f - a v am _s • _—= v��— . s 4//� &+ s L,,; ti-r -T a w-W , § r ue. ' -4'�, . k '�, 4, i- e . £. '; - -t f-- '' I- 4s r. :: - _ • '-.6'.:' __;:„.4„.„.7J-,!,g- ,„•, It _1 -- 4KOL NEB PARK „ r n \ } :s. _. : k _ ! n ` =-1 _ �oFtna ;�� - �k '_ 1� $` rrr =` is } = t 4 ass - • _ t'41.-'-',..,...::::''': ex47,,, 71Z.:,: �� to P - `�'• LOWELL:PARKE. ;, • ��`� a - iu41 ; ▪ z V4-;-,-- -','. ''',7:-- A,-A-,.--;---A+.<4V ..,Vet-itiK.:17-2 ,--.5'1÷-_M,--.-r_, --1_,, ,i,-, -t,.ZS::.,i .4.1-'1T--:1-1,-!-.'*.: .A-4--.._r,i-t---'' ,-4:-.4-M-f--tr.-',?:,:ttl_*-W25-il=:i--*4...'4.q.•.. ,-„. -.. ,,, „:„,_,.„,_:,..,,,,...,„.,. ..„, ,, ,,. ,,,, . STI „,„:,,,,„,,,,,..4::....„._.,,,m,,,i,„...„:„.:„,„„. : _,..,:,,,J,,,,. .r. LLVfiIATER M NiCIP ...„,x,„..,_.„48:,,,,,,,,,,x,,„,....... ALBARGE . ,, • s� `,. � - s ,_....„ .:.,: - s �t � , _ ri\ 4. � y � 1t i ' 90 _ : _ ��QPQSEI 0 1( ALIGNMENTS „...,,,,,_:, i-,7--i.7,TT=F-;_-,,--:,,-1--;-.ii'.%,.--if-7,t- f---1.';a_-1.A14--,:iti'4.--... -:_'-_,-_?.:--% ---... .„._. _,,,,..„ a::_, ,775' - . is 1� - " J -» 5 // } _ y __ 7-1-1'7 a \ . r t� �- -- 'r -'-,. ,✓ram- 1 * £- % I cj J tY't � a - i. - r = � / \ \ ' ago, ,13 O V • � SCALE • - �_ - - o 600 F2o0 2000 13 . .:- _ _ I City of Stillwater Parks and New River Crossing Location St. Croix River Crossing Project 4686 3/22/2005 '\ ~ . FYI "Save Fifth Street" Throw the Sidewalks Out! Mayor Kimble - Councilman Junker: Listen to the voice of residents of Fifth Street. Have the City Council instruct the City Engineer to remove sidewalks from the Fifth Street Renovation Project. . Give the residents of Fifth Street the Renovation Project Shawn Sanders originally laid out at the February 15, Council meeting. The Fifth Street Renovation Project plan which: . "Does NOT" include sidewalks! . "Does NOT" include moving the street! . "Does NOT" involve loss of property to homeowners! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "Fifth Street Homeowners A2:ainst Sidewalks". . .) j/.- . .... C\ ~' Name: '! 'V'.Lcrc.~l \~....~. ( '. () '., '-..' . . ,,:-.-f-~ Address: c/ /' j .-- "Save Fifth Street" Throw the Sidewalks Out! Mayor Kimble - Councilman Junker: Listen to the voice of residents of Fifth Street. Have the City Council instruct the City Engineer to remove sidewalks from the Fifth Street Renovation Project. Give the residents of Fifth Street the Renovation Project Shawn Sanders originally laid out at the February 15, Council meeting. The Fifth Street Renovation Project plan which: . "Does NOT" include sidewalks! . "Does NOT" include moving the street! .. "Does NOT" involve loss of property to homeowners! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "Fifth Street Homeowners Against Sidewalks" Name: .,../ .\./1:::.. h :i I ~ L~J c~~/u'f-v} / I / '.2 /--JG..::L.. --,/'; \Ai Address: t .. . . . . . "Save Fifth Street" Throw the Sidewalks Out! Mayor Kimble - Councilman Junker: LIsten to the VOIce of resIdents of Fifth Street. Have the CIty Council instruct the City Engineer to remove sidewalks from the Fifth Street Renovation Project. . GIVe the resIdents of fIfth Street the Renovation Project Shawn Sanders originally laid out at the February 15, Council meeting. The Fifth Street ... "". '- _.I.... _,~ n___~__..l __1___ __.L":_l_~ I\..c;lJUVdl1UJJ r 1 VJc;\A }l1all Wll1\,ll. · "Does NOT" include sidewalks! · "Does NOT" include moving the street! . "Does NOT" involve loss of property to homeowners! ".......p.. r-t,' -' ______ . _ _ _ __ ____ _ , _ .___-~ 0..11 ._..~.. '-1' I1ln "I reel ttumeuwncrs J-\.23111Sl ~IUcWaIKS Name: ,) / /Y;:;J /-,~~:}J!/'I' /, 7C?//c(~/{t /_-'- .--'- i_/, ''if /-- ,-,___~_~ / / ,/ ,I' ,J' ~- _,f /--,-,',',Tr,' , f (:"{,' ,->' /__..0 / -'-.._ _^_ .// (. L .....' _..- __ , T","" ;('/f-{ ~~'Y, -- '. fA ~ , . Address: G. 'V '- :,; ') V ' ~'::.- ~ ~LI'ii'JI,,1 ~ ',::IJ;-I :\U,I...~2~!...' l-' 4. . . "Save Fifth Street" Throw the Sidewalks Out! .. . .-. Mayor Kimble - Councilman Junker: Listen to the voice of residents of Fifth Street. Have the City Council instruct the City Engineer to remove sidewalks from the Fifth Street Renovation Project. Give the residents of Fifth Street the Renovation Project Shawn Sanders originally laid out at the February 15, Council meeting. The Fifth Street Renovation Project plan which: . o "Does NOT" include sidewalks! · "Does NOT" include moving the street! · "Does NOT" involve loss of property to homeowners! - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . /(T..ft.1tri. .~t ~o/~eown. e.r. Al1a,.Onst /~w:~~"t dw~~r/j Name. (~/I/1/( p ~ i,,'~-ry 7o~#tl/:~ j. r-L Address: gO? ;fi;i;~z~ (L/ //-h s.1 ~x:)u+_ \.0if{cJ O~. / // ~ ~/ J <.;~?/--z:. ,,' / /'()Y!/tfj/'.0 \J/ ,/ (';/(fJ/ '7/ //2. '-> .v ' ( . . . Af:'r .~ . I) ~..~ ~~~4 (~Vl/f -"- ~-~, ~;; ....,< -t~/~~. ~ ....-/ .. . "Save Fifth Street" Throw the Sidewalks Out! Mayor Kimble - Councilman Junker: ~ ho WCL<; the.. e.-V\.&; Y\f:.LV' ~ ~ Uf w,'}1t ~t1t?.. I'~ +0 Y'vVo I.'~ 6-!!:> S"JoA.J +0 -I-ke- we-s+ 7 Listen to the voice of residents of Fifth Street. Have the City Council instruct the City Engineer to remove sidewalks from the Fifth Street Renovation Project. . '. . ".'. .' . Give the residents QfFifth8treet the Renovation Project Shawn Sanders originally laid 'Out at the February 15, Council meeting. The Fifth Street Renovation Project plan which: · "Does NOT" include sidewalks! · "Does NOT" include moving the street! r. f +~ S+re.e.--+: ~ tv1.D\,I6:-R e.v~V\. :J-.-~e~l +0 t-ke w.z.:s+ 9 +"'US Wc~.f h.cw..!.-fo be.<('~V\'\.()Vfl-~, I I-t..w~ ~..e 4-r-Q~\~ wd-h eJt!.c-t-f-,L /. v1t~5 CLuf-A '.....1 0''\ .c,'.re. i.(;l,,\e..0'\. ;+ is WI''''-d.y ~\II.& ~-rl'v~"V' · "Does NOT" involve loss of property to homeowners! -t..u bV'IA.-v\<~,k~ D~ ''+:;'(~. J:.f: +he. Je.v+{'\'C fbi.e~ CLVl~ ','V\.e5 CLv~ Y\l\.l)lJ~ +h;s lP:11 De. a. b,'j']<Z-(' frc)b /.cVVL4.+- /3i&> So, !J~ S"+...uf- a.;v..d 64[.,. \.-\,0""" - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "Fifth Street Homeowners A2ainst Sidewalks" Name: {) '//'-;m&~AH?.A /.3 / 10 ~(), ~!j. S +ve:..eA- . Address: APR-18-2005 15:06 WASH CTY ADMIN 651 430 6017 P.002/017 ' Summary of Proceedings Washington County Board of Commissioners February 15, 2005 . Present were Commissioners Dennis C. Hegberg, District 1; Bill Pullaabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Peterson presided.' Assessment. Taxnaver Services and Elections Approval of the following actions: 2004 assessment classification and valuation change list; Resolution No. 2005-020, lawful gambling exemption for Hastings Rotary International. . Commissioner ReDorts - Comments - Ouestions The Commissioners reported' on the following items: ' Appoint Robert Andrews, Woodbury, to the Community DevelopmentBlock Grant, to fill an . unexpired term to December 31, 2005; Appoint Gene Bea1ka, Stillwater, to the COn1munity Scrviccs Advisory Committee to fill an unexpired term to December 31, 2006. Communitv Services . Approval of the following actions: 2005 cooperative agreement with Community Services, the Sheriff, the County Attorney and the Court Administrator to administer the Child Support Enforcement Program; Re-certification for Adult Rehabilitative Mental Health Services; 2005-2007 contract with Bachmann & Associates for primary outpatient chemical dependency treatment for adults and adolescents; 2005-2006 contract with ORION ISO, Inc. for consumer directed community support servIces; Set public hearing dates and comment period for the 2005-2009 Consolidated Plan and the 2005 Annual Action Plan for the Community Development Block Grant and HOlVIE 'Investment Partnership Program: March 10, 2005 for the Dakota County consortium and April 26, 2005 for the County Board '-Vith the public comment period beginning March 8, 2005 through April 26, 2005; . Presentation of the Child Protection Citizen Review Panel's 2004 AnnuaJ Report. General Administration Approval of the following actions: January 25, February 1 and 8, 2005 Board Meeting minutes; Legislative update presented; Metropolitan Council will meet with the Co:tl11ty Board on April 12 at 9:00 a.m. prior to the County Board meeting; . Board correspondence was received and placed on file. LOCATION:651 430 6017 . RX TIME 04/18 '05 14:21 . . . , APR-18-2005 15:06 WASH CTY ADMIN 651 430 6017 P.003/017 Public Health and Environment Approval of the follovving actions: _ Hire 1.0 .tIn Senior Environmental Specialist position to support water program activities; Comments to the Metropolitan Council regarding their Draft 2030 Water Resources Management Policy Plan; Workshop held to discuss the front step household hazardous waste collection pilot project. Sheriff's Office Approval of the following actions: Accept a donation from the. South Washington County Education Foundation for the purchase, training and care of a narcotics detection dog; Accept a donation from the 3M Foundation as part of their 3M Volunteer Match Program. Transportation and Phvsical Develonment Approval of the following actions: Resolution No. 2005-021, amending the Washington County 2020 Comprehensive Plan and approving a rezoning request - Ordinance No. 171; Resolution No. 2005-022, bid award for aerial photography for surveying to Horizons, Inc.; Resolution No. 2005-023, bid award for windows project at the Historic Courthouse to Parkos Construction; Supplemental Agreement No.6 with TKDA, Inc. for environmental and design services for reconstruction for Anoka CSAH.14 and Washington County CSAH 8 for a cost not to exceed $135,038; Contract .vith George Siegfried Construction to remodel specified shower stalls and sinks in' cells located at the County Law Enforcement Center; Funding for architectural services to design a restroom facility in Lake Elmo Park Reserve and authorize to advertise; . , Funding for development of a master plan amendment for the Lake Elmo Park Reserve and authorize to advertise. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 APR-18-2005 15:06 WASH CTY ADMIN 651 430 6017 P . 004/017 ' Summary of Proceedings Washington County Board of Commissioners February 22, 2005 . Present were Commissioners Dennis C. Hegberg, District 1;. Bill Pulkrabek, District 2; Gary . Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board ChairPeterson presided. Assessment TaxDaver Services and Elections Approval of the following actions: Renew application for consumption and display permit and a 3.2 malt liquor license (on sale and Sunday) for the Veteran's Rest Camp for the period April 1, 2004 through March 31, 2005; Resolution No. 2005-024, lawful gambling exemption for Scanclia Elementary School Parent Teacher Organization. Commissioner Reoort - Comments - Questions The Commissioners reported on the following items: Proposed impaired water bill would charge residential households $36 and businesses would be charged a flat fee at three different levels-AMC Committee is looking at this bill; Commissioner S~afford commented on a report from the Taxpayers League which was done by the University of Minnesota, showing that 40% of the State fund balance are reserved and . 60% are in the General Fund; The 40% amounts to $5 billion in reserve aDd he believes these funds should be reviewed and possibly eliminated. ' . Community Services Approval of the following actions: Appoint Michelle Swanson to tile Community Development Block Grant to a first tcrm expiring December 31, 2007; 2005 contract with Human Services, Inc. for mental health services, chemical health services, transportation services and resources for elder care services; 2005 agreement with American Red Cross; St. Paul 'Chapter, to provide emergency social services and crisis response services for Wasbington County; 2005-2006 ~ontract with Partners in Community Supports for home and community based services; Workshop held to discuss the proposed priorities and strategies of the 2005-2009 Consolidated Plan for the Community Development Block Grant and HOME Investment Partnership Program. General Administration Approval of the following actions: David C. Junker questioned thc Board on the following items: What services arc provided to . citizens; Amount of money being spent to design a bathroom for Lake Elmo Park; Asked the county to leave the Veterans Rest Camp alone; Asked how the county can spend all this money when the school board has to cut $4 million from its budget; LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 . . . . APR-18-2005 15:06 WASH CTY ADMIN 651 430 6017 P.005/017 Resolmion No. 2005-025, special recognition to Clarence and Mayme Vail in honor of their 80th Wedding Anniversary; . Legislative update presented: Veteran's Rest Camp legislation meeting to be held today at 1:30 in Room 500 at the State Capitol; and the County Special bill appointing the County Board as the Library Board is scheduled for hearing on Wednesday, February 23 in the Local Government Committee Room; Oak Park Heights will address the county's request for detachment of certain property south of the GovernmentCenter and attachment to the City of Stillwater this evening; The Board wished Bev Hagen, Public Information Coordinator II, the best in her new role as Mom and thanked her for her excellent work; Board correspondence was received and placed on file. Librarv Approval of the following appointments to the Library Board to first terms expiring December 31, 2007: Gary Vidlock, Mahtomedi and Bonita Sindelir, Woodbury. Public Health and Environment Approval of the following appointments to the Public Health Emergency PreParedness Advisory Committee for one year terms: Mary Ann Newman, volunteer representative and Jon Mueller, hospital representative. Recorder's Office Approval of a plat of Hills hade Farm in New Scandia Township. Transnortation and Phvsical Devefopment Approval of the following actions: Resolution No. 2005-026, final payment to Tower Asphalt, Inc. for CSAH 28 reconstruction final payment; Authority to sell replaced wo-way radio system components. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 APR-18-2005 15:05 WASH CTY ADMIN 551 430 5017 P.005/017" Summary of Proceedings Washington County Board of Commissioners March 1, 2005 . Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford; District 5. Absent none. Board Chair Peterson presided. Assessment. Ta:x:vaver Services and Elections Approval of the following actions: Liquor license and dance pennit for the Withrow Ballroom Event Center, Inc. for the period 411/05 through 3/31/06; Liquor license for AlL Enterprises, Inc. dba Scandia Olde Towne Liquor, for the period 4/1/05 through 3/31/06; Detach parcel 07.028.21.41.0231 from ISD 622 and annex to ISD 834 approved. Cou....issioner Renorts - Comments - Ouestions The Commissioners reported on the following items: Commissioner Stafford reported on a meeting he had with the City of Woodbury to discuss the expansion of Radio Drive and Hinton Tower; He would like to discuss this matter at a future Board meeting; . Commissioner Stafford will testify at the legislature tomorrow regarding salary caps for government employees; Workshop held to review Community Development Block Grant Citizen Advisory Committee funding allocation for 2005 Community Development Block Grant and HOME Investment Partnership funds. .' Community Services Approval of the following actions: Appoint Kera Peterson, Labor Representative, to the Workforce Investment board to a first term expiring June 30, 2006; -: Contract with HIRED to provide. services fO.f the Minnesota Family Investment Program Integrated Services Project; Draft 2005-2009 Consolidated 'Plan for the Community Development Block Grant and HOME Investment partnership programs for release for public comment; Amendments to the 2003 and 2004 Annual Action Plan for HOME Investments Parmership (HOME) funds fOT release for public comment; . 2005-2007 contract with Allstar Transportation to provide waiver transportation services to long-term care waiver clients. Financial Services Approval of the following actions: . Resolution No. 2005-027, providmg for the application of the remaining proceeds of the county's general obligation Capitallmprovemcnt Plan Bonds, Series 2000A (replaced by Resolution No. 2005-030); LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 , , APR-18-2005 15:06 WASH CTY ADMIN 651 430 6017 P.007/017 . . . Resolution No. 2005-028, confirming the application,ofthe remaining proceeds of the county's General Obligation Capital Improvement Plan Bonds, Series 2003A; Resolution No. 2005-029, providing for the issuance of the county's General Obligation Capital Improvement Plan Refunding Bonds, Series 2005A (replaced by Resolution No. 2005-031); Resolution No. 2005-030 (replacing Resolution No. 2005-027) providing for the application of the remaining proceeds of the county's general obligation Capital Improvement Plan Bonds, Series 2000A; Resolution No. 2005-031 (replacing Resolution No. 2005-029) providing for the iSsumlce of the county's General Obligation Capital Improvement Plan Refunding Bonds, Series 2005A. General Administration Approval ofllie following actions: Legislative update presented; - ,Board correspondence was received and placed on file. Public Health and Environment Approval to send a letter encouraging the Marine on Saint Croix Water Management Organization to fonnally dissolve and to consolidate with the Carnelian Marine Watershed District. .TranSI)'ortation and Physical Develooment Approval of the following actions: " Review of draft copies of Joint Powers Agreements with the City afForest Lake and Cottage Grove for the north and south service centers; . Joint Powers Agreement with the City of Forest Lake for the north service center. Washin2'ton Conservation District Presentation of the 2004 water quality in Washington County. A complete text of the Official Proceedings of the Washington County Board ofCommissioncrs is available for public inspection at the Office of Admirristration, Washington County Government Center, 14949 62/ld Street N., Stillwater, Minnesota . LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 APR-18-2005 15:07 WASH CTY ADMIN 651 430 6017 P. 008/017 . Summary of Proceedings Washington County Board of Commissioners March 8, 200S . Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. 'Commissioner Bill Pulkrabek, District 2, absent. Board. Chair Peterson presided. ' Assessment. Taxoaver Services and Elections Approval of the following actions: On sale and Sunday liquor license for Stoneridge Golf Club for the period April 1 , 2005 through March 31, 2006; Off sale liquor license for SSG Corporation for the period Aprill, 2005 to March 31, 2006; Resolution No. 2005-032, conveyance of tax-forfeited land for an authorizedo use to the Township of May. Commissioner Reoorts - Comments - Ouestions Approval ofthe following actions: Commissioner Stafford testified at a legislative hearing on salary caps for public employees; and will testify at another Senate Committee hearing on CrimNet; CrimNetworkshop to be held on April 5 to discuss its implementation in Washington County; Commissioner Peterson gave an update on MNPass and its implementation. . Community Corrections Board workshop held to discuss the Community Corrections Advisory Board's report on domestic violence. 5:ommunitv Services Approval of the following actions: , Fourth amendment with East Suburban Resources to provide training and \;;'llJ.~.Joyment case management services for the dislocated Workers Program for the period January 1, 2005 to June 30,2005; - Rel~ase the 2005 Conununity Development Block Grant Annual Action Plan for public comment; Workforce Investment Act, Title 1 B Master Grant Agreement with the Minnesota Department of Employment and Economic Development; Revised policies for the Crisis ShelterfUtility Aid Program. Court Administration Approval of contracts with Richard llkka and Gregory Schmidt for court appointed attorneys in Family and Probate cases. . LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 . . . . APR-18-2005 15:07 651 430 6017 P.009/017 WASH CTY ADMIN General Administration Approval of the following actions: Appoint Charles (Rick) Vanzwol, Grant, to the Brown's Creek Watershed District to fill an unexpired term to October 21, 2006; Concept approval for the granting of an Economic Development Tax Abatement to finance Toad construction within Radio Drive, Hudson Road, 1-94 area contingent upon an agreement and certain conditions with the City of Woodbury; Legislative update presented; . Proposed legislation for a methamphetamine bill to be discussed at a meeting in Stillwater on Friday, March 11; MICA Administrator's group discussed the impaired waters act and its impacts on counties; Board correspondence was received and placed on file. Sheriff Approval of Resolution No. 2005-033, agreement with the Office of Justice Programs Department of Public Safety, State of Minnesota, for the Coordinated Narcotics Task Force. . Transportation and Physical Development Approval ofthe followlng actions: Resolution No. 2005-034, rejection ofbids received forrcfurbishing and modification of existing airless road striping truck; . Amendment NO.4 to closed circuit TV security. system upgrade consulting contract with Securico, Inc. Lease with Minnesota Pollution Control Agency for pollution monitoring site located at the Transportation and Physical Development north maintenance facility; Amendment No. 11 to contract. with ThyssenKrup Elevator Corporation for elevator maintenance for 2005; Amendment No.4 to road kill deer removal contract with 4 Paws Animal Control Service; Resolution No. 2005-036, contract with Goodpointe Teclmology to gather filed data related to signing and pavement marking inventory database management; Resolution No. 2005-035, negative decl~tion on the need for an ElS for the Century AvenueNalley Creek road reconstruction project and approval of distribution of record of decision; Resolution No. 2005-037, acquire lands adjacent to the Washington, County Government Center. A complete text of the Official Proceedings ofthe Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 APR-18-2005 15:07 WASH CTY ADMIN 551 430 5017 P.Ol0/017 . Summary of Proceedings Washington County Board of Commissioners March 15, 2005 . Present were Commissioners Dermis C. Hegberg, District 1 ~ Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Boar~ Chair Peterson presided. Assessmen~ Taxoaver Services and Elections Approval of the following actions: On sale and Sunday liquor license for the Outing Lodge at Pine Point, April 1, 2005 through March 31, 2006; Resolution No. 2005-037, lawful gambling exemption for Minnesota Lady Slippers, Pheasants Forever. Commissioner Reports - Comments - Ouestions The Commissioners reported on the following items: Commissioner Hegberg reported that the Minnesota Counties Insurance Trust has taken worker compensation insurance in-hou'se and dissolved the contract with Riskco; Commissioner Peterson announced that there would be a transportation rally at the State Capitol on April 6 at 9:30 a.m. and urged all the Commissioners to attend. Communitv Services' . Approval of the following actions: Appointment of Cynthia Neubecker, Stillwater to the Mental Health Advisory Council; 2005-2007 contract with People, Incorpor:ated for home and community based services; Amendment No. 1 to the 2004-2006 MDR Rubicon, Inc. contract to add adult foster care . ' servlces; Workshop held with the Workforce Investment Board .(Wffi) to discuss its Economic Development meetings with cities, the WIB East Metro Forum and WIB membership. General Administration Approval of the following actions: February 15,22 and March 1 and 8, 2005 Board meeting minutes; Legislative update; Authorization to co-sponsor legislation with Anoka County enabling the metro counties to develop economic development authorities; Letter of resignation from. Sheriff Jim Frank effective April 16, 2005; Board correspondence was received and placed on file. Human Resources Approval ofbandinglgrading reconunendations for the Deputy Human Resources Director from C51-1 toC52-1. . LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 . . . . APR-18-2005 15: 07 WASH CTY ADMIN 651 430 6017 P. 011/017 Public Health and Environment Approval of the following actions: Special Project Health Nurse (1.00 FTE); Recognition from the Minnesota Department of Health for the county's excellent work in providing influenza vaccine during last year's shortage; Comments to the Valley Branch Watershed District regarding their Draft Watershed Management Plan; Update on the Solid Waste Management Coordinating Board projects for 2004; Update on the Metropolitan Energy Task Force 2004 accomplishments and 2005 plans. Sheriff's Office Approval to accept a donation from the DeLonais foundation for the purchase of six ballistic/stab resistant vests for the Sheriff's police service dogs. Transportation and Phvsical Develonment Approval of contract with Short Elliott Hendrickson, Inc. for design services for the reconstruction ofCSAH 18 in Lakeland and Lakeland Shores, not to exceed $90A47. . A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 APR-18-2005 15:07 WASH CTY ADMIN 551 430 5017 P . 012/017 . . Summary of Proceedings Washington County Board of Commissioners March 22, 2005 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pullaabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Staffor~ District 5. Absent none. Board Chair Peterson presided. . Assessment.. Tamaver Services and Elections Approval of the following actions: On sale and Sunday liquor license for Afton Alps, April 1, 2005 through March 3 I, 2006; Combination and Sunday liquor license for Meister's Bar/GrilVScandia, Inc. for April 1, 2005 through March 31, 2006; Consumption and display permit for New Scandia Community Center, April 1, 2005 through March 31,2006; Off sale liquor license for Big Marine Lake Store, April, 1,2005 to March 31, 2006; Resolution No. 2005-040, classification of tax forfeited parcels as non-conservation; Workshop held to discuss 2005 tax information. Commissioner Renorts - Comments - Ouestions The Commissioners reported on the following items: . Commissioner Pulkrabek reported on a meeting with the City of Lake Elmo for preliminary discussions on the acquisition of a portion of the county park to put in a city hall and fire station; Commissioner Peterson announced that the State Capitol Centennial Commission will have a Centennial Garden and that Bailey's Nursery has developed a centennial rose that will be planted in that garden; also, The Commission is looking for three to six ideas from counties for a float for the 4th of July parade. Community Services Approval of the following actions: 2005-2007 contract with Metro Social Services, Inc. for adult. foster care, homemaker, independent living skills, personal care attendant services; transportation, respite services and chore services; Amendment No. 1 to the 2005-2006 contract with ORION ISO to add the elderly waiver, alternative care,commtmity alternative for care, traumatic brain injury and community alternatives fOf disabled individuals. Financial Services Resolution No. 2005-041, awarding the sale of general obligation capital improvement plan refunding bonds, Series 2005A; fixing their form and specifications, directing their execution and delivery and providing their payment. Genera) Administration . Approval of the following actions: LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 , APR-18-2005 15:07 . . .' WASH CTY ADMIN 551 430 5017 P.013/017 Remove paid time off year-end cap for Department Heads at the statutory-salary cap; Resolution No. 2005-042, recognition for Mary McGlothlin, Director of Public Health and Environment, on her retirement; Selection of Sheriff to fill the unexpired term to be an internal search; Steve Port appointed County Sheriff effective April 16, 2005; Legislative update; Resolution No. 2005-043, 2005 Minnesota Laws Chapter 13 appointing the County Commissioners as the County Library Board; Board correspondence was received and placed on file. Human Resources Approval to amend the Personnel Rules and Regulations Section IS'Holidays, Vacation, Sick Leave and Compensatory Time and Section 1.7 Insur,ance/Benefits. Recorder's Office Approval for Plat of Natures Walk in New Scandia Township. SheriWs Office Approval of an agreement with Oak-Land Junior High School, a facility ofI.S.D. 834 to provide a School Resource Deputy on a part-time basis. . TransDortation and Physical DeveloDrnent Approval of the following actions: Appoint Peter Aurich, Woodbury, to the Parks and Open Space Commission~ Resolution No. 2005-038, trail grant program, State of Minnesota, proj ect Minnesota recreation trail users association groomer project~ Resolution No. 2005-039, bid award for upgrade to the existing closed circuit television security system at the Law Enforcement Center to Pro-Tech Design; Workshop held to discuss the following items: Juvenile court relocation and update on the planning process for the courts expansion project. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 APR-18-2005 15:07 WASH CTY ADMIN 551 430 5017 P .014/017 ' Summary of Proceedings Washington County Board of Commissioners April 5, 2005 . Present';'ere Commissioners Dennis C. Hegberg, District 1; Bill Pu11crabek, Dis1ri.ct2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford; District 5. Absent none. Board Chair Peterson presided. . Assessment.. Taxnaver Services and Elections Approval of the following actions: Resolution No. 2005-044, conveyance of tax-forfeited land for an authorized public use by the City of Oakdale; On-sale and Sunday liquor license for The Point, Inc. in Denmark Township, April 1, 2005 through March 31, 2006; On-sale liquor license Monday through Saturday for the. Scandia Creamery in New Scandia Township April 1, 2005 through March 31,2006; Resolution No. 2005-045, application to conduct excluded bingo for the Scandia women's softball team. Commissioner Reoorts - Comments -Ouestions Commissioner Hegberg reported on the Association of Minnesota Counties Legislative Conference he attended last week. . Community Servic~~ Approval of the following actions: .. Child Care Resources and Referral program to receive $2,484 from the Minnesota Child Care Resource and Referral Network for a school readiness training project; 2005-2006 contract with County Services to provide case management services for persons with developmental disabilities. General Administration Approval of the following actions: March 15, 2005 Board meeting minutes; Don Theisen appointed as the Director ofTrarisportation and Physical Development effective in May; Lowell Johnson appointed as the Director of Public Health and Environment; Expenditure offunds from the Commissioners' Purchase of Development Rights Fund to acquire a conservation easement over 45 acres of land owned by the Arcola Mills Historic Foundation in partnership with the Minnesota Department ofNatutal Resources; Resolution No. 2005-049, support of Senate File 467 relating to the Disabled Veterans Rest Camp on Big Marine Lake in Washington County; Recommend that the Minnesota Legislature amends 1v1N Statute 480.1811 to repeal the 2001 . provision requiring county asswnption of post retirement costs for Court Administration employees affected by the state transfer of the judicial court system; Resolution No. 2005-050, supporting a Deputy Registrar fee increase; LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 . APR-18-2005 15: 08 . . . WASH CTY ADMIN 551 430 5017 P.015/017 Resolution No. 2005-051, supporting Department of Public Safetyproposal to create a fee-based budget for the Division of V ehicle Services; Board correspondence was received and placed on file. Librarv Approval of the following actions: Amend fee schedule by adding a new item-library card holders at 50 cents for adults aged 18 years of age or older; . Resolution No. 2005-046, accept a donation from the estate of Pearl S. Fischer and the RAFT Foundation. Public Health and Environment Board workshop held to discuss a new household hazardous waste facility. Transnortation and Physical Develonment Approval of the following actions: Resolution No. 2005-047, final payment to Tower Asphalt, Inc. for road construction on Hinton Avenue; Resolution No. 2005-048, partially release certain provisions in highway easement document Nos. 102235 and 254004; Contracts with Ankeny Kell Architects, P.A for the South Service Center and the North Service CenterlLibrary architectural design; Cont-racts with Kraus-Anderson Construction Company for construction management of the South and North Service/Libraryprojects; Accept the Schematic Design Concept Report for a combined courts improvement and expansion project and office space expansion project on the government center campus. A complete text of the Official Proceedings of the Washington County Board ofComrrllssioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. ' LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 APR-18-2005 15:08 WASH CTY ADMIN 651 430 6017 P. 016/017 . 4/18/2005 WASHINGTON COUNTY BOARD OF COMMISSIONERS . Preview of Coming Attractions APRIL 26 Aoenda - COBG Five-vear Consolidated Plan Conduct public hearing and approve the 2005-2009 Consolidated Plan and 205 Annual Action Plan and authorize item to be submitted to HUD. Workshoo - Collections Reoort Workshoo - 2006 Budoet Joint Meetina with Ramsev Countv Roard of r.ommissioners - 12:30 D.m. Oak Marsh Golf Course . . - , , - - - - - . Volunteer Recoanition at Historic Courthouse MAY 3 Aqenda - 2005 Road Construction Proiects MAY 10 MCIT - Annual UDdate WorkshoD - Auction/E-bav Workshoo - ReDort oM Probation Work Load . LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 . . . APR-18-2005 15:08 WASH CTY ADMIN 651 430 6017 P.017/017 MAY 17 Workshop - CrimNet The County Board will meet with the county's criminal justice departments and the State CrimNet Project to discuss opportunities for joining the CrimNet System. MAY Workshoo - Bia Marine Park Reserve The County Board will receive an update of current acquisition efforts, development and phasing for the boat launch, camping picnicking and swim beach at the Big Marine Park Reserve. BID OPENINGS April 18 Plant Mixed Bituminous Supply Transportation and Physical Development April 19 Masonry Repairs to Chimneys and Building Wall. Historic Courthouse April 25 Plant Mixed Bituminous lnplace Transportation and Physical Development May 11 Bituminous Overlay and Paving Transportation and Physical Development M:\USERS\ADM\PRRADDA\WP\AGENDA\Workshops\Preview.doc LOCATION:651 430 6017 RX TIME 04/18 '05 14:21 TOTAL P.017 f . . . STILLWA TEX fU5L1C L15fZARY 22) N. Fourth St., Stillwater MN 55082-4-806 651. 4)9.1675 FAX 651.4)9.0012 Board of Trustees Meeting Agenda Tuesday, April 12, 2005, 7:00 P.M. 1. Call to Order & Introductions 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report* D. Other Activity Reports+ E. Web Site Usage Report F. Director and Other Staff Reports+ G. Financial Report* H. Policy Review- Conduct Policy+ A+ I A 5. Building Expansion A. Contract with Construction Manager at Risk i. Self Performed Work ii.Bonding and Insurance Issues B. Design Meeting C. Temporary Housing D. Equipment for the Temporary Library E. Moving Costs F. Hours of Operation A+ D D A+ A+ A* D+ 6. Fundraising Campaign A. Campaign Events B. Report of Other Progress to Date C. Board Fundraising Targets & Pledges D. Library Foundation Board of Directors I I I D 7. Parking Agreement with Ascension Church 8. 3M PC Management System A+ 9. Union Contract Negotiations 10. Board Committee Assignments D 11. Other 12. Adjournment I If you are unable to attend this meeting, please leave a message for Ann (ext. 17) before 5 P.M. on Monday, April 11,2005. A=Action Item I=Infonnation Item D=Discussion Item += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed , Agenda Item 4.A. STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILL WATER, MN 55082-4806 651439-1675 FAX 439-0012 . Board of Trustees Meeting Minutes Tuesday, March 8, 2005 Present: Bill Hickey, Dick Huelsmann, Ruth Ranum, Brian Simonet, Andrea Tipple, Mary Weber, Julia Sandstrom Absent: MaryLou Rice Staff Present: Lynne Bertalmio, Carolyn Blocher Also Present: John Mecum, MDA 1, Call to Order President Hickey called the meeting to order at 7 :00 pm. 2. Adoption of the Agenda Adopted, after striking 2004 Budget Resolution, with a motion by Ranum and seconded by TippIe. 3. Communications and Public Commentary Suggestion box comments were shared. Bertalmio presented two letters. The first was from attorney Frank Reinberger . indicating that the library could expect a donation from the estate of Alice O'Brien. The second letter was from the Minnesota Library Association regarding Senate File #844, proposed by Senators Bachman and LeClair, which would provide state bonding funds for our construction project. Bertalmio also reported on a telephone conversation from Mayor Dean Johnston of Lake Elmo asking for cooperation should the City of Lake Elmo decide to operate its own library. Bertalmio suggested the city of Lake Elmo contact the Library Office at the Minnesota Department of Education and MELSA about options. 4. Consent Calendar The Consent Calendar, including bills in the amount of $11,830.71, was approved with a motion from Weber and a second from Simonet. The Financial Report was omitted as it was not available from the City Finance Department. 5. Building Expansion A. Design Process John Mecum, MDA, reported that the construction documents are 95% complete, Work on the documents will proceed after the appointment of a Construction Manager At Risk, The Construction Manager At Risk will update our project estimate and, through a value engineering process, help finish our plans to be sure that we come in on budget. The process will take 4-6 weeks and we can expect to start the project in 6-8 weeks, Huelsmann stressed that we need to start the project closer to the beginning of April. B. Recommendation of the Construction Manager At Risk Selection Task Force The Task Force interviewed four short listed candidates and recommends to the Board McGough construction as a first choice and Sheehy Construction as a second choice. Discussion ensued. Hickey proposed that we adopt the findings e f . . of the Task Force and that he and Huelsmann finalize the contract needed to proceed with the project, subject to review by the City Attorney. Huelsmann stated that he hoped that local contractors be invited to submit bids for subcontracts. Huelsmann moved to accept and proceed, Fredell seconded it. Motion passed. Hickey will contact all parties regarding the Board's decision. C. Workshop Session with City Council Huelsmann presented the Capital Campaign's financial status which was well received and formally accepted by the City Council. At the 7 :00 meeting our $4 million+ was commended and the Council formally voted unanimously to fulfill their pledge of $5 million for the expansion project and approved the commencement of construction. Hickey met with the City Manager and Attorney to review contracts and bonding issues. D. Temporary Housing for the Library Bertalmio and Hickey are negotiating for a temporary space at the Valley Ridge Mall which was formerly the site Quantum Digital. The rental agent is preparing a list of work needed to accommodate the library. Staff members are looking for the equipment that will be needed in the temporary location, The Library will apply for a variance to the City's sign ordinance to advertise our 10cation. More Building Expansion Information from Huelsmann Huelsmann suggested that we contact the city to ask that the building permit fees be waived. There is a precedent. Huelsmann moved that Hickey pursue the matter with the City and Fredell seconded it. Motion passed. Huelsmann also suggested that a Design Committee be appointed as a small, working group to be contacted in the building process. 6, Fundraising Campaign Huelsmann reported information regarding: A. Campaign Events Groundbreaking events that continue to keep attention on the fundraising campaign and encouraging donors are still needed. Huelsmann will write a letter to our fundraising committee and major donors that encourages more donations to cover the costs of extra architectural details, equipment and contingencies. B. Report on Other Progress to Date Donations from the mail in campaign are continuing to come in and total more than $70,000. C. Board Fundraising Targets and Pledges Bertalmio encouraged Board members to continue to solicit funds from the community. Huelsmann's letter can be a tool to outline needs. D. Library Foundation Board of Directors A Foundation Board will need to be created to keep up an ongoing fundraising effort to offset the cost of materials. 7. Parking Agreement with Ascension Church We have an agreement in principle with Ascension Church regarding parking. 8. Projected Operational Costs Projected operational costs and revenues were presented to the Board and to City Council in the packet for the March 1, 2005 City . Council meeting. 9. 2004 Budget Resolution struck from the agenda. 10. Release of Approved 2005 Capital Funds Huelsmann moved to request the release of some approved capital funds for the RFID project. Ranum seconded it. Motion passed. 11, 3M Printing Proposal Blocher reported that we will need to install our own computer management software in the near future. 3M has approached the Library with a service proposal for their P AMS software. Discussion ensued. The Board requested that staff present additional information at the April meeting. 12. FamilyMeans Grant Proposal FamilyMeans received a grant to create resources for educating, including a library component. Their grant includes $1,000 to reimburse SPL for staff time spent in consultation on the project. Fredell moved that we accept the stipend from FamilyMeans and Huelsmann seconded it. Motion passed. 13. Board Committee Assignments 2005 Committee assignments will be made at the April meeting. Possible committees to be created are Fundraising, Building Committee, Return to Building Committee, Policy Committee, etc. Please come to the April meeting having considers your preferred committee assignment... 14, Other Huelsmann requested a half to full day mandatory meeting regarding the comprehensive building pIan update. 15. Adjournment The meeting adjourned at 8:30, , . . e ~ . 1. 2. 3. 4. 5. . 6. G~EATIS~ STIllWATI:R CHAMBER OF COMMERCE BOARD OF DIRECTORS Tuesday, April 12, 2005 5:30 p.m. American Red Cross-White Pine Bldg., 342 5th Ave. N. Bayport Call to Order - Chuck Dougherty, President Roll Call Approval of agenda and minutes Bayport Welcome - Rick Schneider, Mayor Community Family Center Presentation - Doris Karls Financial report - Tory Sletten, Treas. (you will receive a hard copy report in the mail before the meeting) a. update on requests from last meeting b. review of financial reports c. financial review, RFP results 7. Chamber Executive's Report a. CVB b. Membership Break into oroaram arouos for 10 minutes - -- 8. Administration Committee a. Art Fair AdHoc Committee - report b. Bylaws - report 9. Marketing Committee a. Historic District - report b. Bridge Renewal Committee -report . 10. Member Services a. Pat Anderson Seminar May 11 - info b. Membership Drive - info 11. Board Retreat 12. New Website - report - Jerry Brown 12. Adjourn * directions to White Pine Bldg: From Stillwater, go south on Hwy. 95 to Bayport. Turn right on 5h Ave. N., (Froggy's Carpet/Bayport Library corner). White Pine Bldg. is just up the street on the right: a beautiful new red brick building just past La Cocinita. , . . . I Diane Ward .rom: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@cowashington.mn.us] Thursday, April 07, 2005 11: 12 AM Pat Raddatz Washington County Board Agenda - April 12, 2005 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda April 12, 2005 - 8:00 a.m, 8:00 to 8:45 - Reception for Employees Hosted by the County Board National County Government Week 9:00 to 10:00 - Workshop with Representatives of the Metropolitan Council Discuss Issues of Regional and County Significance 1. 10:05 - Roll Call Pledge of Allegiance 2. 10:05 - Comments from the Public 411tisitors 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. 10:15 - Consent Calendar 4, 10:15 - County Library * Pat Conley, Director proclaim the Week of April 10, 2005 as National Library Week 5. 10:25 - Community Services * Dan Papin, Director A. Findings of the Child and Family Service Review - Richard Backman, Division Manager B. Owner-Occupied Rehabilitation Program Contract with the Greater Metropolitan Housing Corp, 6, 10:45 - Public Health and Environment * Sue Hedlund, Sr. Program Manager Presentation by the University of Minnesota Extension Service 4It7' 11:15 - General Administration * Jim Schug, County Administrator A. National County Government Week B. Recognition for Sheriff Jim Frank C. Interest in Acquiring Conservation Easement of the Garden of Hugo , D. Legislative Update 8. 11:45 - Commissioner Reports * Comments - Questions . This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff, This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9, Board Correspondence 10. 12:00 - Executive (Closed) Session with Transportation and Physical Development Discuss Proposed Cost of Right of Way and Appraisal Review for CSAH 8 11. 12:30 - Adjourn 12. 12:30 - Lunch 13. 1:15 to 2:00 - Board Workshop with Community services Review Changes in the Medicaid Long-Term Care Services 14, 2:00 to 2:45 - Board Workshop with Assessment, Taxpayer Services and Elections 2005 Assessment Report, Assessment Fees & Update on Assessing in Local Communities ************************************************************************ Meeting Notices April 12 - Mental Health Advisory Council 4:00 p.m., Washington County Government Center . April 13 * MELSA 12:00 p,m., 1619 Dayton Avenue * St. Paul April 13 * MICA 2:00 p.m., 161 St. Anthony Avenue * St. Paul April 14 - Community Services Advisory 7:30 a,m., Washington County Government Center ************************************************************************ Washington County Board of Commissioners Consent Calendar * April 12, 2005 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action, The following items are presented for Board approval/adoption: Administration A. Approval for office supplies bid award to Corporate Express for period of May 1, 2005 through April 30, 2008, Assessment, Taxpayer Services and Elections B. Approval of resolution, application for lawful gambling exempt permit from the Carpenter Nature Center, . Community Corrections C, Approval to amend the remote electronic alcohol monitoring agreement with the Minnesota 2 I Department of Corrections. Community Services ~. Approval of the 2005 contract housing coordinator position. with the Housing and Redevelopment Authority for the E. Approval of an agreement with the Hennepin County Human Services Department for the delivery of employment and training services to laid-off Northwest Airline workers from April 1, 2005 through March 31, 2006, F. Approval of memorandum of understanding with Washington County Workforce Service area partners, Human Resources G. Approval to ratify the 2005-2007 bargaining agreements with the Teamsters Local 320 Correctional Officers/911 and the Operating Engineers Local 49 unit. Public Health and Environment H, Approval of comments to the City of Cottage Grove regarding their Draft Phase II Wellhead Protection Plan and approval of letter drafted on behalf of the Commissioners. I, Approval of resolution, Amendment No.1 to Specific Tonnage Waste Delivery Agreements with the following solid waste haulers; Onyx, BFI, Vakso and Walters. Sheriff's Office J. Approval of resolution recognizing the Public Safety Dispatchers in Washington County in honor of National Public Safety Communications Week, ~. Approval of resolution, execute annual boat and water safety enforcement agreements, Transportation and Physical Development L, Approval of resolution rescinding the October 12, 2004 award of contract to Addyman & Son, Inc, for the demolition and removal of a pole barn at 7210 Manning Avenue and permission to sell the pole barn to a willing buyer. M. Approval of resolution, award of bid for the provision and application of cracksealant on various county roads to Fahrner Asphalt Sealers, Inc. N, Approval of amendment to road materials (sand) contract with Aggregate Industries. 0, Approval of resolution, authorization to perform a speed study on CSAH 13 between CSAH 16 and CSAH 22, Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 3 , Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, April 14, 2005 12:07 PM Pat Raddatz Washington County Board Agenda - 4/19/05 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda April 19, 2005 9:00 a.m. 1, 9:00 - Roll Call Pledge of Allegiance Oath of Office for County Sheriff * The Honorable Judge Gary Schurrer Steven F, Pott 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 - Community Volunteer Service * Valerie Jones, Director Community Involvement Awards 5. 9:30 - Information Technology * Mary McCarthy, Director HIPAA Security Rule Presentation 6. 9:45 - Transportation and Physical Development * Jim Luger, Parks Director 2004 Parks and Historic Courthouse Annual Reports . 7, 10:00 - General Administration * Jim Schug, Administrator 1 I A. Joint Power Agreement to Establish a Metropolitan Emergency Services Board W. Salary for County Sheriff C. Legislative Update 8.10:15 - Commissioner Reports * Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:30 - Adjourn 11. 10:35 to 11 :20 - Board Workshop with the Office of Administration Annual Performance Measurement Report for 2004 ************************************************************************ Meeting Notices April 19 - Internal Audit Advisory Committee Interview .:30 a.m., Washington County Government Center April 19 - Finance Committee Meeting 11 :30 a.m., Washington County Government Center April 19 - Housing and Redevelopment Authority 3:30 p.m., 1584 Hadley Avenue North * Oakdale April 19 - Historic Courthouse Advisory Council 7:30 p.m., 101 West Pine Street * Stillwater April 21 - Workforce Investment Board 8:30 a.m., 2150 Radio Drive * Woodbury ************************************************************************ Washington County Board of Commissioners Consent Calendar * April 19, 2005 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, ,-he following items are presented for Board approval/adoption: Administration A. Approval of the March 22 and April 5, 2005 Board meeting minutes. 2 \ B. Approval to reappoint Jack Lavold, Cottage Grove and Michael Pouliot, Woodbury, to the South Washington Watershed District Board of Managers to terms expiring May 1, 2008. . C. Approval of county comments on the City of Cottage Grove's proposed establishment of economic development tax increment financing district No. 1-13 as a modification to the Development Program for Development District NO.1. D, Approval of resolution designating Lowell Johnson, Director of the Department of Public Health and Environment, as the Washington County Board of Health's Agent. Financial Services E. Approval to create Fund 350 to track Debt Service for the General Obligation Refunding Bonds, Series 2005. Housing & Redevelopment Authority F. Approval of resolution approving the Washington County Housing and Redevelopment Authority's Qualified Allocation Plan for the 2006 Low Income Housing Tax Credit Program. Transportation and Physical Development G. Approval of resolution, bid award for Master Plan Amendment for Lake Elmo Park Reserve to Sanders Wacker Bergly, Inc. in the amount of $45,000 conditioned upon the execution of a contract. as approved by law. H, Approval and execution of cooperative construction agreement with the City of Woodbury for signal construction on Hudson Drive and Spring Hill Drive and also at Hudson Road and Pendryn Hill Curve. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 3