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HomeMy WebLinkAbout2003-10-21 CC Packet . SPECIAL MEETING REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-22 Council Chambers, 216 North Fourth Street October 21,2003 4:30 P,M. 7:00 P.M. 4:30 AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Possible gift of park land 7:00 AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of October 7,2003 regular and recessedmeeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Administration of Oath to new Stillwater Police Officer Chris 2, Reconsideration of Smoking Policy in City Parks - Pat Galligt;'ler, Hedlund, Paulette Swanson OPEN FORUM The Open Forum is a portion of the Council meeting the meeting agenda. The Council may take action or to staff regarding investigation of the concerns express e-rAFF REPORTS 1.Police Chief 2.Fire Chief Qdress eouncil on subjects which are not a part of Yfltthe time of the statement or may give direction 3. City Clerk 4. Director of Admin. 6. Community Dev. Director Engineer/PWD 7. City Attorney 8. City Administrator CONSENT AGENDA* 1. Resolution 2003-220, directing<p;ay 2. Approval of request from Elk ~pdg 3. Resolution 2003-221, app 1< g~Lcagr consultation .. . 4. Approval of utility bill ad tments... 5. Resolution 2003-22 fofChange Order #2 for the McKusick Storm Sewer/Trail Improvements (Project 2002-04A) t of bills ify Lake Tennis Courts for sale of Christmas trees ent with Safeassure consultants, inc. for OSHA and safety PUBLIC HEARINGS 1. This is the da engineerin the west . on Octg 2. Thisi~.t for 5(nr0 October time for a public hearing to consider the assessment to expenses related to , and geotechnical assistance for the temporary repair on the retaining wall on yowned by Mr. Tony Lodge. Notice was mailed to the affected property owner esolution) tear;} time for a public hearing to consider the assessment for the demolition expenses Street owned by Brad Castle. Notice was mailed to the affected property owner on 03. (Resolution) UNFINISHED BUSINESS . 1. Possible second reading of ordinances Ordinance No. 940A - Electric Franchise Ordinance; Ordinance No. 940B-an ordinance implementing an electric service franchise fee on Northern States Power Company, a Minnesota Corporation, D/B/A Xcel Energy, its successors and assigns, for providing electric energy service within the City of Stillwater; Ordinance No. 940C - Gas Franchise Ordinance; and Ordinance No. 940D - an ordinance implementing an gas service franchise fee on Northern States Power Company, a Minnesota Corporation, D/B/A Xcel Energy, its successors and assigns, for providing electric energy service within the City of Stillwater. 2. Possible adoption of resolution adopting assessment for 418 Harriet St S, Geocode No. 2803020340075 (Resolution) NEW BUSINESS . 1. Possible approval of transfer of on-sale and Sunday liquor license to S1. Croix Preservation Company, Inc. DBA: Lumber Barons to S1. Croix Preservation Company DBA: Water Street Inn (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 rqulineiby t ity Council and will be enacted by one motion. There will be no separate discussion 0 itell'ls unless a Council Member or citizen so requests, in which event, the items will be remove from consent agenda and considered separately. . , . 2 . SPECIAL MEETING REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-22 Council Chambers, 216 North Fourth Street October 21, 2003 4:30 P.M. 7:00 P.M. 4:30 AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Possible gift of park land 7:00 AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of October 7,2003 regular and recessed meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Reconsideration of Smoking Policy in City Parks OPEN FORUM The Open Forum is a portion of the Council meeting to ad~~~ss C9uncil on subjects which are not a part of the meeting agenda. The Council may take action or r~ply":at;theJime of the statement or may give direction to staff regarding investigation of the concerns expressed. " .T AFF REPORTS .Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin. CO~munity Dev. Director . y Engineer/PWD 7. City Attorney 8. City Administrator CONSENT AGENDA*" 1. Resolution 2003-220, directing R~ym~~fO(lli!pills 2. Approval of request from Elks Lod9~ for Lily'Lake Tennis Courts for sale of Christmas trees 3. Resolution 2003-221, approval of(a9~~i:01ent with Safeassure consultants, inc. for OSHA and safety consultation 4. Approval of utility bill adjust 5. Resolution 2003-222, approv Change Order #2 for the McKusick Storm Sewer/Trail Improvements (Project 2002-04A) PUBLIC HEARINGS 1. This is the date and time for a public hearing to consider the assessment to expenses related to engineering, contractual, and geotechnical assistance for the temporary repair on the retaining wall on the west side of property owned by Mr. Tony Lodge. Notice was mailed to the affected property owner on October 1, 2003. (Resolution) 2. This is the date and time for a public hearing to consider the assessment for the demolition expenses for 501 S. 2nd Street owned by Brad Castle. Notice was mailed to the affected property owner on October 3,2003. (Resolution) UNFINISHED BUSINESS 1. Possible second reading of ordinances Ordinance No. 940A - Electric Franchise Ordinance; Ordinance . No. 940B-an ordinance implementing an electric service franchise fee on Northern States Power Company, a Minnesota Corporation, D/B/A Xcel Energy, its successors and assigns, for providing electric energy service within the City of Stillwater; Ordinance No. 940C - Gas Franchise Ordinance; and Ordinance No. 9400 - an ordinance implementing an gas service franchise fee on Northern States Power Company, a Minnesota Corporation, D/B/A Xcel Energy, its successors and assigns, for providing electric energy service within the City of Stillwater. 2. Possible adoption of resolution adopting assessment for 418 Harriet St S, Geocode No. 2803020340075 (Resolution) NEW BUSINESS . 1. Possible approval of transfer of on-sale and Sunday liquor license to S1. Croix Preservation Company, Inc. DBA: Lumber Barons to S1. Croix Preservation Company DBA: Water Street Inn (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 ncil. Member or citizen so requests, in which event, the items will be removed from the consent agenda and id~redseparately. . . 2 ~ . . . Proposed New Stillwater Park (Park) Location Old Joseph Wolf Brewery and Sherman Gordon salvage yard site near downtown Stillwater between Main and 2nd streets, south of Nelson Street. . Site The Park site is a 1.1 acre downtown parcel adjacent to and including the bluff line. Much of this was once part of the Joseph Wolf Brewery. operation and more recently the Sherman Gordon salvage yard. The site is characterized by its location along a stone cliffwith approximately 100 vertical feet of topographic change from the bottom of Nelson Street to the top of the bluff Nelson Street on the north side has 10% slope and 2nd Street on the west has a 20% slope. The site presents rare opportunities for a park because of its vertical orientation. By using terraces a very scenic view of the north St. Croix River valley, the City and the lift bridge can be had in a quiet setting away from the congestion of downtown. At the same time this characteristic presents real challenges both for access by residents of the south hill and to comply with ADA requirements. The site has been cleaned up and declared safe by the Minnesota Pollution Control Agency. The primary access point is from the intersection of Nelson Street and .... 2nd Avenue across from the City parking lot. However, access is also planned from the City stairway on Main, a new stairway from Nelson Street, and a ramp entry below the . bluff from a proposed 2nd Street sidewalk. Buildings on the'site consist of the top floor of the old brewery, the barn and a storage building. These once served the brewery but have been decaying ever since. The top floor of the brewery and the barn may be restored but the storage building is in very poor condition. . . . Proposed New Stillwater Park Concept The overall design of the Park is to have it relate to and connect with the unique architectural history and landscape character of Stillwater. Most of Stillwater's historic buildings date from the Victorian era and one can see this in the historic homes on the south hill as well as commercial buildings in the downtown area. The Victorian style will . predominate the appearance of the park. However, the goal is to create a park that is attractive both because of its Victorian features and because it accommodates a large number of interesting, entertaining, educational, and relaxing activities. The unique location of the Park provides it with the opportunity to be the transition space between the south hill neighborhood and the downtown area. The unique topography of the Park provides it with the opportunity to, at the same time, be a scenic overlook; a small forum entertainment center; an outlet for local artists and artisans to market their accomplishments; and an exciting outdoor play and learning environment for small children. The proposed elements of the Park are: A high terrace away from City congestion from which to view the downtown, the north St. Croix River valley, and the lift bridge. An amphitheater as a small performance venue for music, story telling, puppet shows, and the like. An Artists' quarter for seasonal rental by artists and artisans. The barn as an activity center with public toilets, concessions and activity loft. . A Victorian style gazebo overlooking the park. A sand pit for children. A play area for small children with a focus on learning, imagination and creativity as well as activity and fitness. A possible waterfall with small pools. The possible use for public purposes of the top floor of the old brewery - e.g. Stillwater information, historic artifacts, art and memorabilia. 2 . . . Proposed New Stillwater Park ADA access will be from the intersection of Nelson Street and 2nd Avenue across from the City parking lot. A pathway as per the MN Accessibility Code will connect most components of the park although it is anticipated that an elevator may be required in the barn. The Park is intended to be open from May to November..The Artist's quarter and concessions would be open every day during this period based on demand. The goal is to begin construction of the Park in the spring of 2004 and opening in the summer of2005. Funding It is intended that the Park be designed and constructed by a private family and given to the City of Stillwater as a gift. Included in the design and as part of the gift is the revenue generating capability of concessions; rental of facilities for weddings, entertainment or meetings; and rentals in the Artist's quarter. Theserevenues would also be gifted as a restricted endowment to the City with the goal of making the maintenance of, and any subsequent improvements to the park self-funded. Partnerships In addition to involving City staff into the design process it is hoped that additional partners will become involved for design input and oIl-going volunteer activ,ity . programs and maintenance of the park. These include groups such as the.informal homeowners association of the south hill; the Stillwater Perennial Garden Club; the Washington County Historical Society; the Art Reach Alliance; the Stillwater Library and Stillwater area schools. . 3 . . . October 21,2003 Dear Mayor Kimble and Council: The Perennial Garden Club of Stillwater, a member of National Garden Clubs, has the opportunity to apply for a grant, under the sponsorship of the Principal EUAuCial Group, for the purpose of restoration or preservation of existing gardens at historic sites. Our Chapter has maintained the garden adjacent to the old post office building, across from the Lowell Inn, since the early 1960's. We would like to apply for fimds to install a sprinkling system. One of the conditions is that we receive matching funds for our project. Attached is an estimate of the project. We may apply for funding up to $3,000 if this amount can be matched. Based on the estimate we would like to apply for the full $3,000, and are requesting that you would match up to that amount. The estimate from Irrigation by Design is $4,240, not including the electrical and plumbing work. Ifwe were to get the funding, the Water Board has stated they would open and close the system yearly, but if repairs are necessary this would allow us a small cushion. Our application deadline is November I and one of the requ;'"u.cnts is we attach in writing a funding commitment to be included with our &CI.ut request. Please consider supporting this cOull1umity project. Sincerely, c~~ Ann Kraemer, Perennial Garden Club of Stillwater . . . IRR1GA TION BY DESIGN, inc. A ward - Winning Professionals in Landscape Irrigation October 16,2003 Mrs. Cara Torseth 1303 W.Williard Street Stillwater, MN 55082 Mrs. Torseth: Thank you for visiting with me yesterday to discuss .anirrigationinstallation 'at perentlial Garden Club ofStillwater;.garden, downtown Stillwater. This letter is written per your request for a cost and description of material use for irrigation installation for the garden. The irrigation installation shall include; 5-6 Rain Bird Turf rotor heads, .1 RainBird control valve, 1 Rain Bird ESP LX master control, all necessary piping, Wire, fittings, arid labor. Not included in the below estimate is necessary plumbing workaIldelectric8.l work as discussed in the garden on 10-15-03. . Our budget for the above described irrigation installation is $4,240.00 Thank you again for the opportunity to work together. }>leasecall meat 763-559-7771 with f:liY questions or concerns. Cordially, Jonathan K. Mastel Irrigation By Design,inc. cc: Jakramer@msn.com 14070 23rd Avenue North Plymouth, Tv1J"J 55447 763~559-7771763.-559-7779 fax " ~. ational Garden Clubs, Inc., ~~, proudly begins an exciting new grant program under the sponsorship of the Principal Financial Group. In keeping with the 2003-2005 administration's theme of "Preserving the Past - Forging the Future," the focus of this grant program is gardens at historic sites. Everv community has J , . ~ at least one such special place \vorthy of our efforts! . THE CO Mryi ITTEE ... j ul1eP.Wood,President NArional Gardel\Clubs, lnc. Chris Rledel Kin:g Sr. Community Relations Consultant Principal Financial Grollp . FOR FURTHER INFORMATION, CONTACT: Shirley Nicolai,Chai,'mall NGC/Principal Financial Group Program l232SHa tton. Poi ntRo,ld Fort Washingt()n, .MD 20444-70 l4 301:2':12-3667 -301-203-5082 (fax) shirleynico la i@col11cast.ner Par Wesrgard, Vice-Chairman NGClPrincipal Financial Group Program 2714 26th Avenue SW Fargo, ND 58103-5506 701-232-4743 - 701-235-9928 (fax) lwesrgard@aol.col11 Lorna Folk (Lonnie), Ediror Historic G,udens Newsletter 446 S. Columbia Srreet Naperville, lL 60540-54 J 8 630-355.1762 WF l.:\';DERST.-\\.;[) WI-l:\T YOU.lU: \\01\1<1\,;(; FOR.. Pl'incipc11 Lite Insurance C0l11p<1n~. Des .~loines, Iowa 50392.0002 ww\\',prin..:ip<1\,":0I11 <1:)2003 PrirKipill .1 Grollp The Principal Financial Group@ historic gardens project APPLICATION OEAOLlNE: NOVEMBER 1, 2003 Regions, states, districts, clubs and sponsored junior garden clubs may apply for funding up to $3,000. Project requirements, general information and the application procedure are as follows: PRO,ECT REQUIREMENTS 1. Your project must address one or both of these categories: a, Creation of appropriate gardens at historic sites where no garden exists b, Restoration and/or preservation of existing gardens at historic sites 2. The project must be a new project or a new phase of a previous project. Only one applic,'\tion is allowed per club or group. The project must begin after June 2003 and be completed .y May 2005. 3. The application must be written and submitted by a garden club member. The contact person must be a garden club member. 4. The project must have matching funds. 5. An itemized budget of anticipated income and expenses must be included in the application. You may include in-kind donations of labor ($6/hoLlr) and/or material, which must be explained and itemized in the proposed budget. 6. Funds received or requested from any other source must be explained in the application. 7. There must be a clearly stated plan for future maintenance of the project. 8. Interim and financial reports, as well as all publicity crediting the Principal Financial Group, will be expected in a timely manner. APPLICATION PROCEDURE No form is needed. The following information must be included on the cover page of your application: · Club name, city and state garden club · Number of club members · Title of project · Name, complete address, phone number with area code, e-mail andlor fax (if available) of contact person and hislher title for this two- year project · Amount requested (up to $3,000) · A "before" photograph of the site Attach no more than three one-sided typewritten pages to the cover page (no folders, please). Include the following information: · Brief project description · Project's impact on the community · Garden club member involvement · Sketch of garden plan · An itemized proposed budget (income and expenses). See Requirements. · Plan for future maintenance GENERAL INFORMATION 1. Those garden clubs whose members actively participate and provide financial support are more likely to be funded. 2. Funds from the Principal Financial Group may not be passed through to another organization; however, clubs may network with other organiza tions. 3. Overall scope of the project in relation to club size will be considered in judging. 4, Grant money is not transferable to anothe!' project without prior written approval from the NGC Grant Program Chairman. S. Applications will not be returned. 6. Clubs are not reqUired.lbmit a book of evidence. / . 'SEND TWO COPIES OF THE ENTIRE APPLICATION (cover page ancl maximum of three additional pages) to your STATE Principal Financial Group/Historic Gardens Project Chairman PRIOR TO NOVEMBER 1, 2003. State Chairmen should send two copies of ALL STATE APPLICATIONS t.o Shirley..olai prio!' to December 1,2003. State PresidWVill be notified by January 31, 2004 of all wll1ners. . CITY OF STILLWATER CITY COUNCIL MEETING NO, 03-21 Council Chambers, 216 North Fourth Street October 7, 2003 REGULAR MEETING 4:30 P,M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Director of Administration Knauss Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Fire Chief Kallestad Assistant Chief Crotty Community Development Director Russell City Clerk Ward OTHER BUSINESS Caoital Outlav exoenditure reauest - Civil Defense Siren . Police Chief Dauffenbach requested authorization to purchase an upgrade for one siren. He stated that the upgrade would be to convert sirens to battery power so that when the power goes out the sirens will work. He also stated that he has budgeted in 2004 to upgrade the remaining two sirens. Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the capital expenditure for one siren upgrade. All in favor. Caoital Outlav exoenditure reauests - Fire Deoartment Fire Chief Kallestad requested purchase of radio headsets for two fire trucks (hearing protection issue, and improves communications), fire fighter turn out gear (bunker pants and coats, 6 sets) and scuba diving facemask with associated quick connects for new and 3 existing facemasks at a cost of $17,900 which were budgeted in 2003 Capital Outlay. Motion by Council member Kriesel, seconded by Council member Rheinberger to approve the expenditure of $17,900 from 2003 Capital Outlay for the requested equipment. All in favor. . Fire Chief Kallestad requested approval to develop plans and specifications, and advertise for bids for a remodel of the rest rooms in the fire station because there is no women's restroom in the fire station. He stated that this project has been discussed before and has been on hold for nearly two years. He explained building code mandates relating to the remodeling and handicap accessibility and that the code mandates that any remodel of restrooms in our fire station include two toilet facilities for men and two for women, which must be handicapped accessible and include one Stillwater City Council Meeting 03-21 October 7, 2003 accessible stall. He explained to accommodate a code compliant women's restroom within the fire station, the men's restroom must be remodeled and downsized and a hallway must be abandoned to create enough space, which has contributed to make this project quite costly. He stated that Larson Brenner Architects has proposed a maximum cost of $12,000 for the preparation of architectural plans and engineering specifications and the total estimated cost of the remodel would be $96,250. . Council member Milbrandt asked that alternate bids be included to help reduce the cost of the remodel. Councilmember Junker asked if some "sweat equity" could be used to help reduce the cost. Mayor Kimble expressed concern on the architectural and engineering fees and asked if this was necessary. Public Works Director Eckles explained per Minnesota Statute that any public building built or remodeled must have plans drawn by a registered architect. Motion by Council member Milbrandt, seconded by Council member Kriesel authorizing the plans and specifications with bid alternatives and advertisement for bids. All in favor. Fire Chief Kallestad requested to advertise for bids for a "Quick Attack Fire Engine". He stated that although smaller and lighter than a "Class-A" Fire Engine, the quick attack. engine will have capabilities to respond to fires, automobile extrications, medical calls and the engine will also include a compressed air foam (C.A.F.) system, one of the best technological advances in fire fighting in many years. He stated that the biggest advantage of this smaller engine is less cost to operate, repair, and replace, especially when over 60 percent of the emergency calls it will respond to will be medical calls. He also stated that bids are expected to be approximately $185,000 and $175,000 was approved for the "attack engine". He stated that through fundraising efforts, very generous donations of $110,000 have already been received, and donations continue to come in, based on the current donations the City's cost would be $75,000. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt authorizing the advertisement for bids for the Quick Attack Fire Engine. All in favor. Update on Expansion Area Traffic Studv Community Development Director Russell stated that the City is preparing a traffic study for the expansion area with Washington County and Mn/DOT. RLK, traffic consultant, was hired to prepare the study. He stated that existing condition information has been collected that help describe are traffic issues, and that on September 24, 2003, a study area meeting was held where the "existing conditions" information was presented and discussed with area residents. He reviewed the key issues which are Deerpath through traffic volumes; Lack of north/south street continuity; Neal Avenue extension A connection; CR 12/Boutwell Road intersection; Intersection access spacing and Traffi~ operations at key intersections. Page 2 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 . Mr. Russell reviewed an opinion survey that was administered to participants at the 9/24/03 neighborhood meeting. He stated that alternatives to address these traffic issues are being developed and will be presented for review and discussion at the 10/13/03 Planning Commission meeting (open house), with a public hearing to be scheduled with the Planning Commission and recommendation with Council presentation scheduled for November 2003. Downtown Plan Update Community Development Director, Steve Russell, gave a Downtown Plan update for the area bounded by Main Street, Mulberry, Myrtle and the St. Croix River is currently underway. He stated that three meetings have been held, one with City Committees and Commissions, one with Downtown business and property owners and a third meeting, last Wednesday, with a coordinating committee comprised of representatives from the two previous meetings. Mr. Russell stated that on Wednesday, October 1,2003, a meeting was held to begin developing a plan or plans for the study area and that the meeting turned into a discussion of the Downtown flood wall - its location and height which is a concern to the participants, therefore the flood wall issue needs to be resolved for the group to move on to develop a plan. . Mr. Russell stated that various flood protection methods are available for locations along the flood protection area and moving the protection closer to Main Street (approximately the 100 year flood level) results in less visual impact. He stated that some downtown business owners questioned the need for any permanent flood protection in the downtown. He stated the next meeting of the coordinating committee is set for October 22,2003 Update on 501 S. 2nd Street propertv (Brad Castle) Community Development Director Russell reviewed the status of the garden shed on 501 S. 2nd Street. He stated that staff has tried to contact Mr. Castle regarding the issue but has received no response. He stated that Cindy Shilts, Building Official spoke to Mr. Hagstrom who spoke to Mr. Castle last week and the project appears to be at a stand still. He stated that the Building Official recommended that an order be issued to Mr. Castle indicating he has 30 days to complete the project or the City would order a demolition of the remaining portion of the home. Council member Junker stated that the City has been generous to Mr. Castle and no work has been done to the "garden shed." He expressed concern for safety by letting this project remain as it is. Councilmember Milbrandt agreed with Councilmember Junker but felt that 30 days was too long, he would like to see substantial work done within 15 days. . Motion by Council member Milbrandt, seconded by Councilmember Junker authorizing the Building Official to prepare an order to Mr. Brad Castle stating that he has 15 days to show Page 3 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 substantial work done on the garden shed or the City would demolish the garden shed. All in favor. . STAFF REPORTS Police Chief Dauffenbach reported that this year has been the busiest year for police response to calls and that it has been difficult because the department is short staffed. Public Works Director Eckles provided an update on the Long Lake Advisory Group. He stated that it does not look like there will be any consensus among the participants on the level of Long Lake, therefore the advisory group will no longer meet and a report to Council will be presented at a meeting in the near future. Public Works Director Eckles reported on an email requesting his participation on a Mn/DOT Corridor Technical Advisory Group. He stated that he has conflicts with the meeting dates and would not be able to attend the meetings. He asked if any of the Council wished to attend. Ms. Jeanne Anderson stated that she would be willing to be a participant on the group. Mayor Kimble stated that he felt that someone from the Engineering Department should attend who has technical knowledge. Council asked Mr. Eckles to find out more information and return to council, but in the. mean time directed the engineering department to send a representative on behalf of the City. Councilmember Rheinberger asked City Attorney Magnuson if there was any news on the Old Athletic Field issue. City Attorney Magnuson stated that a report on this issue would be presented to Council at a future meeting. He stated that Mr. Parker is going to provide him with additional information and he has not received that information. Councilmember Rheinberger suggested that the City should enter an immediate inquiry to purchase the Old Athletic Field property. He stated that his fear is that the Old Athletic Field is a serious candidate for School Board divesting as a way to bail the district out of financial trouble because of their commitment to lease laptop computers. Mayor Kimble stated that Council has made it clear to the School District that the City should have first right of refusal on the property should it be found that the property does not revert back to the City. Motion by Council member Rheinberger to pursue the possibility of the City purchasing the property. Motion failed for lack of second. City Administrator Hansen requested Council to hold a special meeting for a workShOP. on October 21, 2003 at 4:30 p.m. Page 4 of 17 . . . Stillwater City Council Meeting 03-21 October 7, 2003 Motion by Council member Kriesel, seconded by Councilmember Rheinberger authorizing a workshop for 4:30 p.m., October 21,2003. All in favor. City Administrator Hansen asked Council if they were interested in a goal setting session. Council member Rheinberger stated he was against a goal setting workshop because of the cost, a loss of public duty to the public by staff, from his experience a plan is developed and have historically not been followed through, that it compromises council members independence and does not take into affect the possibility of new opportunities. Council member Milbrandt stated he was in favor of a one-day goal-setting workshop with Council and City Administrator only. Councilmember Kriesel agreed with Councilmember Milbrandt, he is in favor of this program, and would like to see a half day with Council and administrator and half a day with department heads Council member Junker stated he would like to see a goal session that also includes department heads. He also stated that a session like this would provide more continuity and direction. He would like a one day session and utilize the time to the maximum for goal setting. Mayor Kimble stated that goal sessions in the past have been good and many projects completed because of goal setting sessions. He suggested that the administrator check into other providers. Mayor Kimble recessed the meeting at 6: 15 p.m. RECESSED MEETING 7:00 P,M, Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Director of Administration Knauss Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Community Development Director Russell City Clerk Ward Page 5 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 APPROVAL OF MINUTES Motion by Council member Junker, seconded by Council member Kriesel to approve the AU9U. 26, 2003 Special Meeting and September 16, 2003 Regular Meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Diamonds on Main Robberv - Citizen Commendations Mayor Kimble and Police Chief Dauffenbach presented Citizen Commendations to Brian Graff, Eric Forseth, Daniel Clark, Ryan Walker, Ryan Bevens and Eric Ellingsworth for their participation in the apprehension of the suspect who robbed Diamond on Main on July 25, 2003. Mayor Kimble reminded everyone of the Fire Department's Annual Fish Fry on October 17,2003 and Fire Prevention Open House on Saturday, October 11 from 9 a.m. to 1:00 p.m. Reauest for tent for Grand Re-ooenina - Chris N<)v~k - Vallev Ridae (formerlv River Heiahts Plaza) Mr. Kriss Novak, owner of the Valley Ridge shopping area requested approval of a tent for the grand reopening of Valley Ridge (formerly River Heights Plaza) to be held on Thursday, October 30, 2003 from 3:30 to 6:30 p.m. He also provided an update on thEjA improvements to the plaza and the acquisition of tenants. .. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to approve the request for the tent by Mr. Kriss Novak. All in favor. St. Croix Vallev Athletic PartnershiD - 20Q4 C~Qi~~1 R~9uest - Randv Kooeskv. John Melville. Ed Simonet and Denise Steohens Randy Kopesky, John Melville, Ed Simonet and Denise Stephens gave a presentation to Council on the St. Croix Valley Athletic Partnership's progress at the Lucy Winton Bell Athletic Fields and requested a contribution of $80,000 over a four-year period to assist in the capital funding of bleachers, benches and goal posts. City Administrator Hansen stated that the 2004 budget has been set and that this request was not included in the budget process. Councilmember Rheinberger stated that it is a worthy project however he was against giving a contribution this year because the budget has already been set. He suggested the request could be considered for the 2005 budget. Councilmembers Milbrandt, Kriesel, and Junker felt that the program was an asset to the youth area athletics and that every attempt should be made to find a way to fund . this request. Page 6 of 17 . . . Stillwater City Council Meeting 03-21 October 7, 2003 Motion by Council member Milbrandt, seconded by Council member Rheinberger directing staff to bring this issue to a workshop to determine the amount of contribution and how to fund the request. All in favor. Proclamation - National Business Wc:>m~n's Week - October 19 throuah October 25. 2003 Mayor Kimble read a proclamation declaring October 19-25, 2003 as National Business Women's Week. Reauest for reconsideration of outside seatina - Savories Ms. Kristen Klemetsrud expressed her disappointment that she was not contacted regarding the elimination of outside seating at her establishment. She stated that there has not been any type of complaint regarding her restaurant or the tables and chairs. She also stated that she does not have private outdoor seating and that these tables and chairs indicates to the visitors that there is more to see at the north end of town. She requested that the table and chair removal be reconsidered. Ms. Klemestsud's father presented pictures of other obstructions that are on the public sidewalks. Council member Milbrandt stated that the action was not directed at Savories restaurant, but as a result of review of downtown public seating, newspaper boxes, and liquor use on public sidewalks, not just tables and outside seating. Council member Kriesel stated that this item should be returned to staff for further recommendations and that this issue is not about Savories, but what precedent is being set for downtown in regard with any establishment using the sidewalk for their business. Councilmember Rheinberger stated that the request should be reconsidered. Council member Junker stated that alcohol consumption should be a part of that information. Mayor Kimble explained that the issue is not only outside seating but various aspects of use of sidewalks by tables, chairs, newspaper boxes and that there is also the issue of City liability. Motion by Councilmember Kriesel, seconded by Council member Rheinberger directing staff to meet with Ms. Klemestrud, to review the request, as well as liquor issues and provide Council with recommendation at a future meeting. All in favor. Preliminarv Plans - Librarv Exoansion Mr. Bill Hickey provided an introduction for John Mecum and Joel Stromgren from Miller Dunwiddie Architects to provide information on the design drawings for the library expansion. Page 7 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Councilmember Rheinberger expressed his views that the library expansion not be done because of budget constraints and concern for increased operation costs. . Council member Kriesel asked if the committee has considered partnerships with the churches for parking so that the parking item could be deleted. He also expressed his continued concern on future operating costs. Mr. Hickey stated that the committee has contacted the churches and that the parking item could be deleted if there are other options. He also stated that the committee would be willing to meet with Council at a workshop to discuss design information in detail and that he would recommend a workshop in January or February when more information on operating costs will be available. Council member Milbrandt commended the committee on their work and stated that hopefully it will become an asset to the community; time will tell when it comes to the financing. Mayor Kimble also commended the committee. OPEN FORUM A resident expressed concern on the library and that it is premature to design when costs are not known and that the present library should be retained at its current level due to the economic climate. . Ms. Tina Michaud, 904 1st Street expressed concern regarding a notice she received for the removal of trees in relation to the Terra Springs project and requested that the City keep as many trees as possible. She is concerned that they will be clear cutting the terrace. Public Works Director Eckles explained that trees within 15 feet of the wall are being removed because the root system is compromising the wall and the trees that are coming out of the wall. He explained that a small failure caused by the trees could cost $200,000. He stated that between the wall and 2nd Street there is approximately 150 feet and the trees affecting the wall will be removed. Mr. John Scheibe, 419 Harriett Street stated that he was given an asphalt driveway and that it was his understanding that the contractor was to replace what was there prior to construction and he did not want asphalt. Mayor Kimble directed Mr. Scheibe to speak with Public Works Director Eckles. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Council member Kriesel to approve the Consent Agenda. All in favor. . Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 8 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 . Resolution 2003-209, directing payment of bills Possible approval of gambling permit for St. Croix Valley Religious Education Program - November 7, 2003 Resolution 2003-210 approval of contracts with John Ballis and Jan Pitman to perform background checks for Fire Department employment Approving Fiscal Year 2004 Budget - Joint Cable Communications Commission Resolution 2003-211, approving health insurance rates effective January 1, 2004 Request for sandwich board sign and spotlights - Washington County Historic Courthouse - Christmas at the Courthouse Resolution 2003-212, approving Minnesota premises permit for gambling for American Legion Post 48, 103 s. 3rd Street, Stillwater, MN. Approval of Utility Bill Adjustments PUBLIC HEARINGS This is the date and time for a oublic hearina to consider the orooosed assessments for the 2003 street imorovements (Proiect 2003-02). Notices were mailed to affected orooertv owners and published in the Stillwater Gazette on Seotember 19. 2003. . Assistant City Engineer Sanders gave a presentation to Council on the 2003 street improvements, related costs and proposed assessments. He stated that the total project costs will amount to $1.2M. There were a few additions to the project that increased the cost, which were street improvements to Harriet Street north of Churchill, new sewer and water main in the backyards of Willard, Abbott, Everett and Martha Streets and a six-inch water main was added to Harriet north of Pine Street. He also stated that the assessable cost is $584,416.73, City's share $584,747.57 and the Water Board is $30,000 with the assessment period of 10 years and interest rate offive percent. He stated that the project should be done by the end of October and if weather holds out a final lift of bituminous would be done this year. Council member Rheinberger asked how sod failure would be addressed. Mr. Sanders stated that once the City accepts the project, there is a one-year warranty period on the project. Council member Kriesel asked about the assessment on 418 Harriet Street Mr. Sanders explained that the property owner's water line went through the neighbors basement and that a water service served 4 or 5 properties to correct the problem, a new watermain was put in to serve that property. He stated that the contractor's price was high because it was not part of the contract and because the service was located under a telephone conduit. . Public Works Director Eckles explained that this property has never paid a watermain assessment for any project and that the assessment was based on what other people have paid for a watermain. Mayor Kimble opened the public hearing. Page 9 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Mr. Don Christensen, 418 Harriett, presented a written objection to his assessment. H. explained the process they went through to get bids from private contractors and state that the watermain assessment to his property could have been done cheaper and felt that the assessment was too high and he could of gotten it done for approximately $2600. He stated he received information from a water department employee that the only reason they were putting in a watermain down Harriet was to install a fire hydrant to meet code. Michael Hamp, 917 W. Hickory asked about curbs and on the side of the road. Mr. Sanders stated that blacktop curb would be installed on the north side. He stated that the south side, on the eastern end, the road is sloped to one side so that water would not fill driveways and on the western end where the driveways are the road ends will be a swaled to the catch basin. Mr. Hamp asked if his drop in the driveway will be corrected and stated if he has to pay the bill he wants the job done right. Mr. Sanders suggested that Mr. Hamp contact him tomorrow and he could meet with him and other concerned persons at their convenience. Mr. Hamp stated that the contractors did a great job, however, the problem was getting them there to do their job and the project isn't finished yet the City wants payment. . Public Works Director Eckles explained that the City could delay the assessments, however, if that was done, the City would have to add the extra interest to the assessment and the staff is determined to get the contractor to do a good job. Mayor Kimble suggested that Mr. Hamp meet with staff on his driveway and that staff does a great job getting the contractors to do the job right, but that if he is not satisfied to call him. David Simonet, 600 S. Holcombe, stated that he was in favor of the improvement however that when the contractor laid the sod there was no black dirt put down before the sod was laid. He stated his yard is rolling. He also stated that there was a water break and he was told by the water board that he would be assessed for the break in the service. Mayor Kimble asked the Public Works Director to look at the sod. Mr. Eckles stated staff would do that. He also asked the neighborhood to water the new sod because it will payoff in the end. Mr. Steve Polzin, resident at the corner of Owen and Hickory, requested that speed limit signs be placed in the area, as there is a school in the area and that the Dead End . street sign be placed up front so people can see it. Page 10 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 . Michael Gearhart, 1001 S. Holcombe, stated that he was pleased with the project, the street will probably hold up better than when it was installed 20 years ago and that the neighborhood has the best streets in town. Mr. Don Christensen stated he spoke with Mr. Sanders and that he said that the cost of the watermain is approximately $33.00 per foot with the length of the pipe of 245 feet. The cost would be $8,085 and with the six residents it would be $10,681.86 ($1780 per lot) difference coming out ahead $2600, and with his assessment it is coming out $6,100 a head. Mayor Kimble closed the public hearing. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-213, resolution adopting assessment for street improvement project (Project 2003-02, LI 355) with the exception of 418 Harriet St S, Geocode No. 2803020340075, directed staff to meet with Mr. Christensen regarding his assessment and investigate the items brought up at the public hearing. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None . Case No, V/03-77. This is the date and time for a oublic hearina to consider an aooeal of the Plannina Commission's decision on a reauest from John R Melville for a variance to the side. vard setback (10 feet reauired. 6.5 feet reauested) for the construction of an addition to an existina residence located at 125 Northlan<;1 Avenue in the RA. Sinale Familv Residential. District. Community Development Director Russell reviewed the request for an appeal of the Planning Commission's decision for a variance at 125 Northland Avenue. He stated that the Planning Commission voted 4-4 therefore they are denying the request and that a letter of support from the affected property owner has been received. David Middleton, explained the Planning Commission's decision. Mayor Kimble opened the public hearing. Mr. John Melville, 125 Northland Avenue, stated that the reason for the appeal was because of the split decision and requested Council approval of the variance. He stated that there was one concern about a slab brought up at the Planning Commission meeting that he will not put in. He felt that the 3.5 feet was a compromise and felt that the variance process could be used to show a hardship because the positioning of the pool by a previous owner locks out reasonable expansion. He requested that his variance be approved. Mayor Kimble closed the public hearing. . Motion by Council member Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2003-214, approving variance to the side yard setback (10 feet required, 6.5 feet Page 11 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 requested) for the construction of an addition to an existing residence located at 125 Northland Avenue. All in favor. . Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None UNFINISHED BUSINESS Possible second readina of Ordinance No. 940. an Ordinance imolementina a franchise fee on Xcel Enerav Gas and Electric Ooerations within the Citv of Stillwater City Administrator Hansen reviewed the proposed ordinance. He stated that Xcel Energy still maintains that the restoration fee and degradation fees are the same and that the City Attorney, Public Works Director and he do not agree. He also stated that he just received information from Xcel that they did not think the City could charge a gas franchise fee, however the City Attorney believes the City can. He requested that Council adopt language, should Xcel challenge the gas franchise fee, to collect a 4% fee on the electric franchise. He stated that this amount would not be more than the electric and gas fee combined which Xcel Energy previously agreed. He recommended that Council adopt the ordinance and if Xcel Energy challenges the gas franchise fee, that the language of a 4% electric franchise fee be added to the ordinance. Mr. John Wertish, Xcel Energy, stated that Xcel recognizes the City's ability to authorize a franchise fee by ordinance on the electric, however the gas franchise does not have. fee language. He requested Council to postpone the decision to the next meeting and form a committee of less than a quorum of the Council and with Xcel Energy representatives to come to an agreement. He stated that if this is not possible, Xcel Energy would strongly oppose any gas franchise fee. He stated that he was dissatisfied with the communication with the City on this issue. City Attorney Magnuson explained the franchise agreements and that the gas franchise agreement does not specifically state that a gas franchise fee can be implemented but it does not specifically say that the City can not implement this fee. He stated that that it is his belief that the City can implement this fee. He stated that the City served notice to Xcel in June and that yesterday was the first time the gas franchise fee was challenged by Xcel. Councilmember Milbrandt expressed displeasure of Xcel Energy's tactics and stated he was in favor of the ordinance and the proposed language. He stated that Xcel was at the last meeting and knew the item would be addressed at this meeting. Councilmember Junker asked about the degradation issue. City Attorney explained the degradation issue and stated that this ordinance would not change that part of the franchise agreement and could be dealt as a separate issue. City Administrator Hansen stated that the degradation issue should be dealt separatelYi. and that he would continue to work on that issue. He also stated that the process with Xcel started far different than other cities with a promise from Xcel that we would work together with them, work this out and not only assist the City, but make it easy and Page 12 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 . rapidly and to be effective August 1 and now it will be December 1. He stated that it became a daisy chain that went nowhere. Council member Kriesel asked if Xcel had a problem with the ordiance if the gas franchise fee is out of the equation. Mr. Wertish stated that Xcel still had a problem with itbecause the electric franchise fee was agreed at a lesser percentage and if the higher percentage is used Xcel will contact its customers but would not have done that with the lesser fee. Councilmember Kriesel stated he agreed with Councilmember Milbrandt's comments and postponing this any further puts the City behind the eight ball. Mayor Kimble asked when the current franchise agreements expire. City Attorney Magnuson stated that the franchise agreements expire after 20 years and these agreements were renewed in 1997 or 1998. He stated that passing this ordinance would not interfere with continued negotiations on a franchise agreements. Councilmember Rheinberger stated that he is against the franchise fee because the property tax and traditional sources should be the basis of revenue, listening to the voters saying no new taxes which this is a different name for taxes and he would not support this fee. . Motion by Council member Milbrandt, seconded by Council member Junker to adopt Ordinance No, 940, an Ordinance implementing a franchise fee on Xcel Energy Gas and Electric Operations within the City of Stillwater and if Xcel Energy challenges the gas franchise fee to amend the ordinance with language proposed by City Administrator Hansen. Ayes: Council members Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Status on purchase/removal of home City Administrator Hansen stated that he had an inquiry about the possible removal of the home, but unfortunately the person decided not to proceed with the bid. He recommended that the developer's contractor demolish the home, as they would be paying the city to demolish if the city used a contractor to demolish the home. Motion by Council member Rheinberger, seconded by Council member Kriesel authorizing the demolition of the home by the Terra Springs contractor. All in favor. NEW BUSINESS October 28 Citv Council meetina date e City Clerk Ward reviewed her memo regarding the October 28,2003 meeting and asked Council if they wished to move the meeting back to November 4, 2003 being that City Hall would not be used as a polling place for the School District Election. Page 13 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Motion by Councilmember Rheinberger, seconded by Council member Junker to leave the . meeting on October 28, 2003 and directed the City Clerk to publish notice of the change of meeting date. Recommendation on annual investiaation fees for liauor and tobacco City Administrator Hansen stated that in June 2003 Council approved an annual investigation fee relating to liquor and tobacco licenses. He stated that Chief Dauffenbach and he had reviewed the fee and recommended that the annual investigation fee be reduced to $150.00. Motion by Council member Rheinberger, seconded by Council member Junker to adopt Resolution 2003-215, resolution amending Resolution 2003-125, setting fees for services. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible aooointment to the Downtown Parkina Commission Mayor Kimble stated that an application for appointment to the Downtown Parking Commission has been received from Michael Rice. Motion by Council member Kriesel, seconded by Council member Rheinberger to adopt Resolution 2003-216, Appointment to Downtown Parking Commission. All in favor. . Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Recommendation from Parks Board for Smokina Policv in City Parks Community Development Director Russell stated that the Parks Board recommended that the City have a smoking policy and signing facility with peer group enforcement in the City parks. He stated that the policy would state, "the City of Stillwater supports a Tobacco Free Policy in and around organized youth activities in City Parks".. Councilmember Rheinberger provided his reasons not supporting the policy and thought the efforts would be better spent on research. Councilmember Milbrandt stated that the policy can not be enforced and it is hoped that peer pressure would eliminate smoking at youth events. Council member Junker stated he would not be opposed to signage regarding the policy. Council member Kriesel stated that he understands the merits of not smoking in PUbliC. places, but this is taking it to a higher level that we don't need. Page 14 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 . Council member Milbrandt agreed with Council member Kriesel, but he do~s not see the need to legislate this issue. Motion by Council member Rheinberger, seconded by Councilmember Kriesel not to implement the smoking policy for City parks. All in favor. Rumpf Marina Reserved Lot City Attorney Magnuson stated in August of this year the City obtained title to what is called a reserved lot, a parcel that has been used for many years by the Rumpf Marina. The City obtained this lot.because it was tax forfeit and the instrument of conveyance provides that the land must be used exclusively for a lift station for providing sewer to the Dutch Town Area. He stated that the City only needs part of this lot and it would seem reasonable that the parts of the lot that are not used for public purposes be somehow made available to the Rumpfs'. He also stated that this could be possible if the City obtained title to the lot by paying the appraised value to the State and County. According to the County Auditor, the appraised value of the parcel is $25,000. . Mr. Magnuson stated that he has been working with Richard McDonough, Real Estate Agent for Ruby Rumpf and believed we have reached an agreement, which was approved by the Rumpfs. He stated that this Agreement provides that the City would reconvey the parcel to the State and then purchase it so that it could be used without restrictions and that the City would retain the property and other rights necessary to safeguard the public and convey the remainder to the Rumpfs. He stated that the agreement provides that Rumpfs would reimburse the City for the cost of the purchase so the City should have no out-of-pocket expenses in connection with this effort. Motion by Council member Rheinberger, seconded by Council member Kriesel to adopt Resolution 2003-217, approving contract for redevelopment between the City of Stillwater and Ruby E. Rumpf. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible acceptina of Quotes and awardina contract for City Hall Parkina Lot improvements Public Works Director reviewed the quotes for the City Hall Parking Lot improvements. He stated that City crews will be doing the storm water work and that M.J. Raleigh is the low bid of $41,885.25 for the grading and resurfacing improvements. . Motion by Councilmember Rheinberger, seconded by Council member Milbrandt adopting Resolution 2003-218, accepting quotes and awarding contract for City Hall Parking Lot improvements. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 15 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Possible ourchase of land for orison wall reconstruction Community Development Director Russell stated that a portion of the natural prison. wall collapsed and is in need of repair and in order to repair the wall, access on private property is required. He stated that based on discussions with the property owner, purchase of the required property has been negotiated and that the approximate size of the property is 20'x 220 or 4,400 square feet. He stated that caves under the site would also be purchased and chimneys to the caves closed off. He also stated he cost of the land purchase is $15,000 which would be paid by the Terra Springs developer as part of the land purchase set aside of the Terra Springs Development Agreement. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-219, authorizing purchase of land for the repair of the natural prison wall. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Kriesel asked City Attorney Magnuson to investigate who owns the historical surveys. He stated that he is not against the selling of the histories at cost, but they should not be sold at a profit. City Attorney Magnuson will provide Council information on this issue. . STAFF REPORTS (continued) City Attorney Magnuson stated that he has received a request regarding the changing of the fence ordinance regarding pools be amended to include "child protection covers" in lieu of the fence requirement around pools. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the first reading of an ordinance amending fence regulations relating to pools. All in favor. ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Junker to adjourn at 10:14 p.m. All in favor. . Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk Page 16 of 17 . . . Stillwater City Council Meeting 03-21 October 7, 2003 Resolution 2003-209, directing payment of bills Resolution 2003-210 approval of contracts with John Sallis and Jan Pitman to perform background checks for Fire Department employment Resolution 2003-211, approving health insurance rates effective January 1, 2004 Resolution 2003-212, approving Minnesota premises permit for gambling for American Legion Post 48, 103 s. 3rd Street, Stillwater, MN. Resolution 2003-213, resolution adopting assessment for street improvement project (Project 2003-02, LI 355) with the exception of 418 Harriet St S, Geocode No. 2803020340075 Resolution 2003-214, approving variance to the side yard setback (10 feet required, 6.5 feet requested) for the construction of an addition to an existing residence located at 125 Northland Avenue Resolution 2003-215, resolution amending Resolution 2003-125, setting fees for services Resolution 2003-216, Appointment to Downtown Parking Commission Resolution 2003-217, approving contract for redevelopment between the City of Stillwater and Ruby E. Rumpf Resolution 2003-218, accepting quotes and awarding contract for City Hall Parking Lot improvements Resolution 2003-219, authorizing purchase of land for the repair of the natural prison wall Ordinance No, 940, an Ordinance implementing a franchise fee on Xcel Energy Gas and Electric Operations within the City of Stillwater Page 17 of 17 - . · Memo f To: From: Date: Subject: Mayor and City Council . Steve Russell, Community Development Director (l-- September 24,2003 Smoking Policy for City of Stillwater Parks Background. The Parks Board was approached by Patricia Galligher of Washington County health Department and Tobacco Free Future Coalition of Washington County requesting support for a policy banning smoking in all City of Stillwater Parks (see August 25, 2003 minutes attached). The Parks Board received, discussed and continued the request to their September meeting for additional consideration, . Chairman Mike Polehna surveyed the City of Richfield and Burnsville regarding their no- smoking policy. Both communities prohibit smoking at park facilities during youth events. After discussion about a tobacco prohibition policy vs regulations, the board members felt that establishing a policy and signing facility with peer group enforcement was a reasonable approach. Policy "The City of Stillwater supports a Tobacco Free Policy in and around organized youth activities in City Parks" Parks with organized youth facilities include: Lily Lake, Northland, Staples Field, Sunrise, Stillwater Crossings, Settlers and Benson Parks. The Parks Board recommend adoption of the policy for city parks, Recommendation: Decision on policy . .....-.. -----.---- Steve Russell From: Sent: To: Subject: Brittany Meyer [bhm@ansrmn.org] Tuesday, September 23, 2003 4:20 PM Steve Russell . Tobacco-free policy Importance: High. ~.".' ,. Grand Rapids policy.pdf Hibbing policy.pdf Hi Steve, I'm sorry I couldn't attend last night~s Stillwater Park & Recreation. Board meeting. After speaking. with Deb Campobasso this morning, she indicated that the Board recommended that the City Council adopt a tobacco-free policy, but only'during youth activities. Utilizing the policy development experiences I've had in nearly 30 other Minnesota cities, I'd like to propose a different type of solution to the Board's and Council's concerns about prohibiting tobacco use at all- facilities, which is what the Tohacco-Free Futures Coalition had. requested. Several Minnesota communities,- including Hibbing and Grand Rapids, who eventually adopteddobacco-'-free policies felt the same" way Stillwater policy makers do. They recognized the benefits ofatobacco~free policy, but were.concerned about coinmunity response to prohibiting tobacco use on ail park property. (Please note that 80% of Washington County adults do not smoke, and the Tobacco-Free Futures Coalition collected the support of many groups and individuals for prohibiting tobacco use on all park property). In cities such as Hibbing and .Grand Rapids, they prohibited tobacco use all of the time at specific youth-focused facilities (playgrounds, skateparks,.rinks, youth ball fields, beaches, al)d even some parks), and then prohibited tobacco use during youth events. on all other park property. .This seems to b~ a good compromise, Cind on,e that pro,:tects thehea.1th of children and promotes good role modeling much better than a policy that covers only youth events. They also used the 2 versions afour tobacco-free signs for each appropriate piece of property: "Tobacco Use Not Allowed During Youth Activities" and "Tobacco Use Not Allowed on This Park Property," A policy that/ covers yout,h events sends ,Cl confusing/mixed message. Isn't a playground used by youth all the. time? Why.not prohibit tobacco use there all the time? The saIne applies to other facilities primarily used by youth. I've attached the tobacco-free policies from Hibbing and Grand Rapids. I'd be happy to provide you with contact names from those communities if you'd like. Please let me know if you have questions. I'd be happy to speak with Stillwater City Council members on this issue as well. Thanks much! Brittany Meyer Brittany Meyer Program Director Tobacco-Free ,Youth Recreation 1 fJe~(/{) , ; 9\; vV' ~o~ 7~ ~~r q_ 2-1.-- {7 3 .(?- . . . . . Sample City Park Policy: Grand Rapids, MN ,. City of Grand Rapids Tobacco-Free Park Policy No person shall use any form of tobacco at or on designated city-owned or operated recreational facilities, including the restrooms, spectator, and concession areas. These facilities include: 1. Blandin Beach 2. Central School 3. Grussendorf Park 4. Lost Creek Park 5. Maplewood Park 6. McGowan Park 7. Oakland Park 8. Newton Sliding Hill 9. Willow Park 10. American Legion Baseball Field during youth activities 11. Grand Rapids Sports Complex during youth activities Policy Enforcement Plan In order to effectively educate the community and ensure compliance, we will implement the following plan: 1. Appropriate signs will be posted in the parks mentioned above. 2. The community, especially facility users and staff, will be notified about this policy. 3. Persons violating this policy may be asked to first refrain from using tobacco products; if they fail to do so they will be asked to leave the facility for the remainder of the event. Policy Adoption Date: July 14, 2003 Sample City Park Policy: Hibbing, MN t Hibbing's Park and Recreation Tobacco-Free Policy Tobacco-Free Facilities. No person shall use tobacco products on city-owned beaches, skating rinks, playgrounds and the Skateboard Park, including their spectator areas, concession stands, and restroom. Tobacco-Free During Youth Activities. No person shall use tobacco products on city- owned athletic play fields, including their spectator areas, restrooms and concession stands, while the fields are being used for organized youth athletic events. Policy Enforcement Plans. 1. Appropriate signs, as directed by the Park and Recreation Director, shall be posted in the above areas. 2. The community, especially facility users and staff, will be notified about this policy. 3. Persons violating this policy would be asked to refrain from using tobacco for the remainder of the event. If the person refuses to refrain, he/she would then be asked to leave the recreation facility for the remainder of the event. Adoption Date: March 31, 2003 . . . ~:.-::..- ---..,_..- o Bat,c 0 '- ,... - . ~ Q..... =liC~~~ .~ FU~t~..R?o Coalition of Washington County / 14949 62nd Street North POBox 3803 S!illwafer. Minnesofa 55082 651-430- 6655 Fax 651-430-6730 July 1,1. 2003 t A partnership of. youth adults schools health agenc;es community organizations government J\1r. Steve RUSSlllJ, Community Dev Director City of Stillwater 216 Nonh Fourth Street Stillwater, J\.lN 55082 Dear J\.1r. Russell: ) am the Y outh Tobacco Prevention Coordinator for the Washington County Tobacco Coalition. J manage pan ofa Tobacco Prevention grant given to Washington County Health Department and Lakeview Hospital. We are working with the state to reduce youth tobacco use by 30% by the year 2005, utilizing funds from the Minnesota Tobacco Endowment. , \ ~ -, .: ...J' ;.,\ , I On behalf of the youth in Washington County, the Coalition is requesting that your City consider adopting a tobacco-free policy for your parks and outdoor recreation facilit ies. The primary reasons for prohibiting tobacco in parks and outdoor recreation facilities are: - to eliminate secondhand smoke exposure to your residents; - reduce cigarette trash in your parks; - promote tobacco-free role models for kids; - create continuity between school and city facilities, which eliminates confusion about which facilities are tobacco free. . t . V .I We are prepared to assist you in any way we can to start Washington County on the road to a Tobacco Free Future. Passing a policy for tobacco use will make your community a healthier place to live and play now and in to the future. Remember 80% of adults are tobacco free. .'. /"\. "\ ;" \ ) ". \ /\ '0\ \ '''''. Please review the enclosed materials and let me know if we could give the Park and Recreation Board a presenL1tion at an Upcoming meeting, 430-4775. ~ave a fabuJous day, tilh U. , tf~ Debi campobasr::f y outh Tobacco Prevention Coordinator Washington County Tobacco Free Future Coalition We aim to reduce tobacco use and ~.ure among youth ir. 9shington County. cc: Park and Recreation Board Chairperson Polehna Mayor Jay Kimble ~. "'-~ DRAFT Policy Request for the City of Stillwater . As citizens of the City of Stillwater and members of the StiJlwater Park and Recreation Board, we are asking the City Council to adopt ~a tobacco-free policy for the City's outdoor recreational facilities for the foIJowing reasons: .. Secondhand smoke is harmful in both indoor and uL~tdoor settings. Exposure to secondhand smoke is the third leading cause of pr-eventable death in the United States. · Children and adults using city recreational facilities should not be exposed to the deadly effects of secondhand smoke and cigarette butts that are often present in these areas. .. The Stillwater City Council has a responsibility to protect the health and safety of our <;ommunity's children and adults while they use the city's recreation facilities, and adopting a tobacco-free policy is part of this responsibility. .. By having policies, we can ensure that coaches, parents and other role models do not use tobacco in recreational settings, sending our children the message that tobacco use is an unhealthy behavior. . Proposed Tobacco-Free Facilities All City-owned park property including all playgrounds, athletic fields, courts and rinks. '. ....., " Proposed Policy Enforcement Plan In order to most effectively educate the community about this policy and ensure compliance, we suggest the following enforcement plan: 1. Appropriate signs as directed by the City Council shall be posted in the above- specified areas. 2. The community, especially facility users and staff, will be notified about this policy (policy manual, newsletter, pledges). 3. City staff will make periodic observations of recreational facilities to monitor for compliance. 4. Any person found violating this policy, may be subject to immediate ejection frore the recreation facility for the remainder of the event. Playing Tobacco Free: Tobacco-free Policies For Outdoor Recreation Facilities . I.-"""'_'.""~""".."-~"""_I "" ".,.I"~". ..........,....._... ..:............_.~".,. ...... ......:.;../ ......l,;, ':..i.: ....,.i/.......sr..'.,; ~ Tobacco-free outdoor recreation facilities make sense Secondhand smoke harms everyone and kills thousands every year. Exposure to secondhand smoke is the third leading cause of preventable death in the United States, killing approximately 53,000 people every year. Secondhand smoke is harmful in outdoor settings. According to Repace Associates, secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor facilities where smolGng is permitted. Tobacco-free policies help change community norms. Tobacco-free policies establish the comrmmity norm that tobacco use is not an acceptable behavior for young people or adults. within the entire community. Most Minnesota parents support tobacco-free policies for outdoor playgrounds. A 1998 survey showed that 68% of Minnesota parents support smolGng.bans in outdoor playgrounds and 80% support a ban in all public places where children are present. 'hY are tobacco-free policies for outdoor recreation facilities so important? City-wide policies support groups that have existing policies when they are using city recreation facilities. Since most school districts prohibit tobacco use in all their facilities, city-wide policies create ~:consistency for all youth recreational facilities in '-the community. Cigarette butts cause litter, increase maintenance expenses, and p ''ie the risk of ingestion by toddlers using recreation facilities. Creating tobacco-free environments protects the health, safety, and welfare of the community. Why are tobacco-free policies effective? Policies reinforce to youth the message that tobacco use is unhealthy and unnecessary behavior. Policies ensure that participants and spectators are not exposed to secondhand smoke. . Policies create an environment where leaders can model and promote healthy lifestyle choices. . , . . .. , ,; .,,~ ~.. ". .. ".... . .0 .. I. I The Tobacco-Free Youth Recreation Initiative Tobacco-Free Youth Recreation (TFYR) is Minnesota's statewi( recreation-based tobacc? prevention program that assists reCf! ational groups in modeling and promoting healthy tobacco-frc lifestyles for young people who are involved in their program TFYR offers assistance in tobacco-free policy development ( implementation anq also develops materials that promote the tobacco-free sports message throughout Minnesota. ..,' Policy adoption assistance & FREE signs available through TFYR TFYR offers city park & recreation departments technical assistance in tobacco-free policy development. To help with policy implementation, TFYR provides 12" x 18" metal blue ( white tobacco-free signs for FREE to cities that adopt compre hensive tobacco-free policies for their outdoor recreational facilities. ~1..,Q'FRr/~ ~~cJ. ...~... To qualify for the signs, the tobacco-free policy must include: . A list of all the facilities it covers. . A statement that all forms of tobacco use are prohibited. . An enforcement plan that includes a) user and staff notification; and b) signage. Tobacco-Free Sig Contact TFYR staff(see below) for policy adoption assistanCe Once a policy has been passed in your community, send a cop: of the policy and a completed sign order form to TFYR. Down load an order form from our web site at <www.ansrnm.org>. Tobs..cco Use Is lJ.W/:\III\','ll'1 On Thi31 Puk Property ....._ 'L Minnesota Cities with Tobacco-Free Outdoor Recreational Facilities Aitkin . Duluth . Richfield . Aurora . Eagan . Rochester . Roseville Austin . Eden Prairie . . Sartell . Eveleth . . Baxter Biwabik . Golden Valley . Savage . Spicer Bloomington . Grand Rapids . . St. Cloud Brainerd . Hibbing . . St. Paul Breckenridge . Hoyt Lakes . . Virginia Buhl . New Brighton . . Cohasset . Owatonna . Willmar . . Zimmerman ~ . Q /Association for Nonsmokers--Minnesota -\. .,-~ ;395 University Ave. West, # 310 .~ St. Paul, MN 55114-1512 ""'OOA\(~6:1t~~~3005; tfyr@ansrmn.org h ~-^~:'I~<t ~''',p~'''f\'''P''~4'''l!lJ ',' ~ ~"iJ3!M -~~.~~~~~j1'~~!~~ 1.-= ~''''/"...J[;ll. c::nSi7??t1, :,-'r:;: J '" ) Tobacco-free Outdoor Recreationai i " ~ ' Facilities in Vlinnesota r~ . (Park Policies & City Ordinances) ~~','''on'=.''~tl;;z-. r' ,a",,-, L.. , ;;.,.<~~~-.~ .~~,,- -.~~ ~ ....-'S.-.."",..,I;r~"""""".=,""""'" _ =,~ ,,;;""'" ;"""""'""'_=..~~~"""~':: -~..u.- -..-..' '~-""':"';-';;~_7"'c""~'~:~~:,,:..__,.:_ .~-.~>,_~,. -~~-:-';"'-':':;""'-'~":1~-"''''''''''''''"":~-~!''':'':''T~ t . w u r .~ tii ~ vj.~ ~ ~ u ~ ,. t1) ~ ~ \D ~~~. . ~u ~.. . Additional City: Savage .". . u .. 1. Aitkin, MN 2. Aurora, MN 3. Austin, MN . 4, Baxter, MN 5, Biwabik~ MN 6, Bloomington, MN 7, Brainerd, MN 8. Breckenridge, MN 9. Buhl, MN 10, Cohasset, MN 11. Duluth, MN 12. Eagan, MN 13. Eden Prairie, MN 14. Eveleth, MN 15. fayal Township, MN 16. Golden Valley, MN 17. Grand Rapids, MN 18. Hibbing, MN 19. Hoyt Lakes, MN 20. New Brighton, MN 21. Owatonna, MN 22. Richfield, MN 23. Rochester, MN 24. RoseviUe, MN 25, St, Cloud, MN 26, St, Paul, MN 27, Sartell, MN 28, Spicer, MN 29. Virginia, MN 30. WiUrnar, MN 31. Zimmerman, MN . Playing Tobacco free: .. . . .... Tobacco-free PoliGjes'ForOutd(,Jor'RecrE;~tiQi1 Facilities... ~- .~, . " ., ... -~. .- ... - .,~~ ,. , . ,.~, . .,;;:"~-:;L-2:-""~,.';:";;~~c";':;'~';f:~~;)""'""~;'~"J\_J.':':~",-r&'.:::.l;':~"".::....,.,,-...~ . Tobacco-freeoutdoor recreation facilities make sense Secondhand smoke harms e].'erydneand kills tho:usands every year. Exposure to secondhand smoke is th~ third leading cause of preventable death in the United 5>tates, lJlling approximately53,000 people everyyeaLi Secondhand smoke is harmful in outdoor setting~, According to Repace Associates, secondhand srhoke . levels in outdoor publicplaces can reach levels a~ high as those found in indoorfacilities \~here smokinglis permitted. Tobacco-free policies help changecommunitynofms. Tobacco-free policies establish the communitynotm that tobacco use is not an acceptable behavior for ~oung people or adults within the entire community: I . Most Minnesota parents support tobacco-free policies for outdoor playgrounds. A 1998 survey showed ,that 68% of Minnesota parents support smoking bans ih outdoor playgrounds and 80% support a ban in all bublic places where children are present. i .hY are tobac;co-free policies for out~oor recreation facilities so important?i City-wide policies support groups that have existin~ policies when they are using city recreation facilitjes. Since most school districts prohibit tobacco use in all their facilities, city-wide policies create. .,-consistency for all youth recreational facilities in -..'the community. Cigarette butts cause litter, increase maintenance expenses, and pJse the risk of ingestion by toddlers using recreation facilities. Creating tobacco-free environments protects the health,' , safety, and welfare of the community. Why are tobacco-free policies effecti~e? I Policies reinforce to youth the message that tobacc9 use is unhealthy and unnecessary behavior. ' Policies ensure that participants and spectators are not exposed to secondhand smoke. . Policies create an e. nvironrnent where leade.T. scan model and promote healthy lifestyle choices. ~ ... .... . The. Toba,cco-Free YbuthRecreationI nitiative Tobacco-Free 'Youth Recreation (TFYR) is Minnesota 'sstate\vidc recreation-based tobacco. pre v' ent Jon program that assistsrecre- ational groups mmqdelihg and promoting healthy tobacco-free lifestyles (or young people who are invo]vedin theIr progranls. TFYR offers assistance ip tol?acco,free policy development & implementation and also develops' materials that promote the tOb3CCO- free spoons message throughout Minnesota. . POlkyadoption a$sistance . & FREE signs available through TF'(R TFYR offers city park & recrea60n depkrtrnents technical assistance in tobacc()-free polity developmefltTohelp with policy implementation, TFYRprovides12'!x 18".metal blue& white tobacco~freesigns fof FREE tocities.that adoptcompre- hensive tobaccoc free policjes fortheiioutdoor recreational facilities. To qualify for the signs, theibba6co-freepolicy must include: . Ahst ofalJ the facilities itcovers. , A statement that all forms of tobacco use are prohibited. , . An enforcement plan thatincludesa) user d b) . . Tobacco-Free Sign and staffnotification;.an ..... . slgnage, Contact TFYRstaff(see beIow)for policy adopti()n assistance. Once a policy has been passed in your community, send a copy of the policy and a completed sign order Form to TFYR. Down- load an order form from our web site at <www.ansrmn.org>. ~1..l,,(HRr/~ ..C!!}@-. ~ ~ .. .... {; " Toba.ccoUse Is lJ!.ljH Iii r"ll!J On Tb.i3 Park Property na..,.. "t::... Minnesota Cities with Tobacco-Free Outdoor Recreational Facilities Aitkin . Duluth . Richfield. . Aurora . Eagan . Rochester . Roseville Austin . Eden Prairie . ';; . Baxter . Ev.eleth, . SarteH . . Savage Biwabik . Golden VaHey . . Spicer, Bloomington . Grand Rapids . . St.Cloud Brainerd . '8i~bing . . St. Paul Breckenridge . Hoyt Lakes . . Virginia Buhl . ,New Brighton . . Cohasset . Owatonna . Willmar . . Zimmennan Association for Nonsmokers--Minnesota 2395 University Ave, West, #.310 . . St. Paul, M/".l 5511+1512. '. . .., (651}646~~005; tfyr@ansrmn.org ....tt"'\"" "" p=~ . ""-,!)I,-'" . ~,...'~~..,.''''~,>~~ "" ~'t{M~ .... -~'- -rQ~~.~i"::: -;PR~~;ttj~~~~:t.2~:>~ ~.r:.~;g~...." ~ .~~ "., --."c.- .'-""'~.'" ':,l ~<i!.r""';:1;J..,. .-3~_>--c.<~.;.;~~.. ,.It __~'~-~_-:7-.. ::~,,~""V~.1.,/. cnsn"?'71~" '-'r::-;. ~ Steve Russell From: Frank \^!h:te [F\'^!h:te@c:.r:chf:e!d.mn.us] Monday, September 01, 2003 150 PM 'Mike Polehna' RE: Tabacco Free Parks . Sent: To: Subject: Mike My guess policy. is that the Schdbl Di-~trict in Stilli.;Jater a'lready has +- h-; .1.,.1J...L as a In Richfi eld, Schoc~ ,Di-s t rictBu i Id"in.gs-" a~c~ Grc1,lr1ds (-ba 11 f.i.e lds} \-!er--e already "Tobacco Free", it just seemed logical to me to add our faciliti:~s. Our co~~unityhas accepted this policy made it a City Ordinance at this time, Policy. Hcwev~r, W@ do h~v@ signs that .without' any -difficulty~ We h~'ve np.t so the Police do not enforce our Park state.-cur policy. Because we feel that f-J.... LJJ.lS is a-bout '-'our youth" and what we model to +-h.-.......... LJJ~lIl, our policy is that "while youth activities are in progress, you cannot use tobacco products w-i thin "twenty f i vefeet of Gur' ball f ieldsH . ~his impact was better for ~s to begin with because bf auf youth. We haven't taken thenextst'ep to make the entire park system, tobacco free. This is working through peer pressure at our ball fields. Teopleseem to ~nderstand the impact of not smoking in front of kids, now that we've made the policy. ''[;''.......,.. , V.L me, simply .......1' +- .t-" u. l...- i Ut,-.;hat ',,7211 ues -:......r-o. 1.1" a.J.:c:: nc;: teaching l..';rlc-"'"'> l'I...l..........:> _ . As administrators and protectors of the environment, we claim to have safe facilities for everyorie. We claim th~ theory of "the benefiti are etidleii~! My question is, if ~e believe that our buildings should be smoke 'free (tobacco free) then why wouldn't we go to the nextstep.....especially prohibiting the modeling of tobacco in front of" our youth at Olh facilities. Good luck on your decisi'on~ .We need to ~o lunch sometime in the near future. '. "-'\,.-' Peace P. S . If you':,:;ed any assistance with youth sports. or the school dis.trict .about presentations let me know. My web site is www.respectsports.coril. ..1 wrote an article in Recreation r'~anagement back in their January/February. issue, it outlines my presentation. You can look. at it on my.web site or go to Recreation Management's maga~ine on line ahd che~k out their achieves~ ---~-Original Message----- From: Mike Polehna[mailto:Mike.polehna@co.washington.mn.us] Sent: Friday, August 29, 2003 3:43 PN To: rquale@ci.bloomington.mn.us; jeffm@ci.owatonna.mn.us; fwhit'e@ci.r'ithfi~ld'~~h.us Subject: Tabacco Free Parks Hi Guys, I'm putting on my City of Stillwater ParksConunissioner hat here. . A our last' meeti~g 'we ~ere.,_approaCh'-ed 'by the- Assoc. for nonsmokers ,and the Wash. Co Public Health Dept. about making the city parks tabacco free. .. . . . ..~. J:>Uc\~C5li: +Ol:cu:-[o_oc.S2i'O [) >-~CNcL--t,-c..:. ,~' . . . . .e l\ \J '-~c.,,, 'CYLQ." '\2, ix,- DIUU e:rv-O ~o \;> \"'--.,. '. . .- \\;.~-;:~,,\ ~'~o\\\- \\c.\~~. j \<<:L~ %jt3- 1\J~~u-n -~;~~~m~~~,;, ~---. "-- .---------.--------.-- -.._- .. - - - -~ . ..... (. '. A Jk~ ... ~~~-(1~^"7/lJ.,{,-;~ ,k.lfiA~'" I ~~ - - - - - -- - c:l . c&0---~~~mij.I(:Oj;.m~;cf'-. ~m__m. '. 3 "--/~t'--SJ~~----7:Al/~~uu~~/:L--' ----.--u..... ..... . .. '-,_~..~-n L--<:>w ". n m~ -:~{>;V~i~~lU,,-JS~-~~c.._- _-~ .m. . .-..J/'-. J1 w~~ ~/C~;~~-~cg; --.-----) U_._m -'. .-.--.7':-~-~~~:-:-~~~~ii~;bi~1- -_om:: - -- -- --~ - --~- .... "':~>:_~~"..~"..-'.'__Y6~~'.f.t~~~;~M_~ ~'" ~E~~ .. -. - -~."- -'--'''--- - - --- .-.--.------.--.--- ---'. -.---.-.--.--~-.--.---.-.-- --.---.-.------------.---------....---.--------....___ _ on.._."". _..___. ___. . . · ...~~ :15~~7~';':. .t:;;"Z~f;-?.:::f:r~~;~- ....,. ..... -- n . ..- .-.- -' _.._n..._____ -- -... ..-'. .- -__._._.__ _'_u___..__.__._ ._.__~.__________._ ._.. _...... . ..._...__... '__."__.. ____.,__._ '.n .... ._ .. .~._---:'/~.~-.~~. -~n:jjh.-~l. _~ :~-.. n~_ .~-~_~_~_-_._~:.~~.~--. ~ ~~__.'__~.-" ./!/Uz~~. --._:~_'n..'.__u..'. _~ Q l\~ '" .-.u_.__....n... .-..--.----..---n--..-~-~u ..'-.-_"-'..-.'-'.._' _.. .._. .._ __ ... .'.__ ,.. ....._.._...._.. .... ....._ '_'.__'.. ... _.............. _ fl.. ~~ ... .~. ,", . ~'.._~d'. '''-'..- -.. -..-.-- -... . - ". _.. ...-. - ~ -.. - . -. -. . - - . . Q<-L>~G~_c>' \' ",keC)L' ~');iiO'c~~ n . ~1:.to. ..... ~ ~ . ~ . .... . Q.<-.J.'I_ - - _u__u.______.__ __.. __.. ._u+ . . September 3, 2003 Steve RusselJ Stillwater Park and Recreation Board 2] 6 N. Fourth Street Stillwater MN 55082 Dear Mr. Russell and Members of the Board: Please consider this a letter of support for the tobacco-free policy being explored by the Park and Recreation Board. Such a policy will provide a healthier environment for all citizens and sets a positive example for young people participating in recreational events. I encourage you to adopt a tobacco-free policy. Thank you for all your hard work on behalf of parks and recreation. Sincerely, -SY~~2~,-_ Sharon Speich 1148 McKusick Rd Ln. N. Stillwater.MN 55082 . ''''. . . . .. . I volunteered communities. contact you. nuisance for '''''.. I to contact you guys adout huw it is workir'ig .inyour They g.ave me your e:-mail addresses and suggested What can you tell me? Is it 'v'or~ing out ok or is staff and the public? t I a 2 .I US\,... J VI J Steve Russell From: Skhspeed@aolcom Sent: Thursday, September 04,20037:53 PM To: Steve Russell Subject: Support letter from Sue Hedlund Dear Steve: . t I am writing to express my big support of a policy to make Stillwater parks tobacco-free. As a public health nurse, I think it is imperative to have a healthy community for children to grow up in and play in. The Park and Recreation Board can be leaders in the metro area and set a good example for other cities to follow. Reducing youth tobacco use requires everyone to do their part. The city can playa big role in reinforcing the message that tobacco use is unacceptable, especially for our children. This will support the school district, health care providers, and parents who are also giving that message to children. I frequent the parks in Stillwater and have become very dismayed about the litter I find, especially cigarette butts. This is not only a health concern, but this type of /iller can be unsafe and hazardous to people and our environment. I don't believe enforcement of this policy will be an issue People will police themselves and each other. The park signs will be effective. Stillwater was a leading city when it adopted one of the first youth access to tobacco ordinances in the area. I encourage the Park and Recreation Board to support the tobacco-free park policy. It will only make Stillwater a healthier place to live and play. Sincerely, Sue Hedlund 2636 Interlachen Drive Stillwater, MN 55082 651-430-3900 . '. >....-. . 9/5/2003 . . .'. ""-" . September 15, 2003 Steve Russell, Community Development Director City of Stillwater . 216 No. 4th St Stillwater, MN 55082 ~ Dear Mr. Russell, I am writing to ask you to support tobacco-free recreational environments for our city's children and teens. The Park and Re'creation Board could send a clear message that we, as a communjty care about the health and welfare of our younger generation. What a positive image it would be for them to know that the city cares about them enough to adopt a tobacco-free policy. TIlls image is an example for parents and other adults as well to be positive role-models for kids. Tobacco use not only exposes participants and spectators to the harmful effects of secondhand smoke, but it is also looks bad when littering our recreational areas. I encourage you to prohibit tobacco use at all city-owned public recreational facilities where duldren are present, especially at all youth athJetic events, playgrounds, beaches and other facilities. Thank you for your time, and please consider adopting a tobacco-free policy for our city. . '. -_. -'/ .t ...-/ I . , I J Al(S . 1. PIONEER PARK 2. LILY LAKE PARK leT 3. WASHINGTON PARK 4. LOWELL PARK 5. NORTHLAND PARK 6. SUNRISE PARK 7. MEADOWVIEW PARK 8. RAMSEY - GROVE PARK 9. STAPLES FIELD 10. SO. BROADWAY - TRIANGLE PARK 11. SCHULENBERG PARK 12. McKUSICK PARK 13. BENSON PARK 14. ANEZ RIDGE PARK 15. KOLLlNER PARK 16. NIGHTINGAlE PARK 17. BROWN'S CREEK NATURE PARK 18. LEGENDS GAZEBO 19. CROIXWOOD OPEN SPACE 20. LONG LAKE OPEN SPACE 21. St. CROIX VAlLEY REC. CENTER 22. McKUSICK LAKE TRAIL & DIKE 23. CREEKSIDE PARK 24. RESERVOIR PARK 25. HERITAGE PARK 26. LEGENDS PARK . 15 N. . . " "'e., . MEMORANDUM TO: Mayor and Council FROM: City Administrator Hansen SUBJECT: Special Meeting Request DATE: 10120/03 The TAG 36 group and SRF have requested a joint meeting ofthe Oak Park Heights City Council and the Stillwater City Council. The suggtisted dates are Wednesday, Nov. 5th at 4:30 p.m. or Thursday, Nov. 6 at 6:00 p.m. at Stillwater City Hall. : Apparently the group is now at a point seeking recommendation of the actual placement of the buttonhook intersections. Since the group meets at their own meeting at 5:30 on Nov. 5, I am relatively assured the meeting would be no longer than 45 minutes. In addition, Klayton has requested a special meeting to award bids on the North Hill project. Again, this will likely not take long. Recommendation Council approve a special meeting at 4:30 p.m. on Wednesday, Nov. 5,2003. :r I . LIST OF BillS EXHIBIT" A" TO RESOLUTION #2003- 220 . Able Hose & Rubber Inc. Ace Hardware Action Rental Advanced R & D Aggregate Industries Anderson, James & Elizabeth Anoka Technical College Appletree Institute Aspen Mills AT&T Board of Water Commissioners Bonestroo, Rosene, Anderlik & Assoc. Boyer Truck Parts Cargill Inc. Catco Century Power Equipment Chris Amdahl locksmith Clarey's Safety Equipment Coca Cola Cub Dell Computer DTE Energy Technologies Eichten's Service Festive Outfitters, Inc. First Line Beverage Fitzgerald, Sue Galles Corporation Gopher State One - Call Greeder Electric Hillyard The Hoover Company IFP Test Service Imagineering Johnson,Jeff Kaeck, Brian Kath Fuel Oil Krongard, Les Kuehn, Mike Lind, Gladys MacQueen Equipment Inc. Maple Island Maximum Solutions, Inc. Menards Met Life Dental . Equipment Repair Supplies Maintenance Supplies Concrete Trailer Professional Services Concrete Legends Park Refund Overpayment Deferred Assessme Seminar Retiree Health/Hospital Insurance Uniforms Telephone Reimburse Water Bill SW long lake Improvements Equipment Repair Supplies Salt Hydraulic Pump & Motor, Test Bench Equipment Repair Supplies Key, Padlocks Fuel Guage Concession Supplies Concession Supplies, Employee Apprec Computers Manual Repair Roof Top Unit Lily Lake leak Consulation Concession Supplies New Ulm Conference Maintenance Supplies Billable Tickets Wiring Conveyor Equipment Repair Supplies Vacuum Exam Consulting Service New Ulm Conference Sub Custodial Work Fuel Start Up Lily lake Refrigderation System Work Boots land Purchase Filter Hardware Software Support Hardware Insurance 47.72 725.29 79.88 230.00 736.97 76.00 125.00 21,790.60 769.85 18.30 734.56 3,014.44 8.37 36,172.53 1,247.15 36.46 516.80 354.46 1,108.10 180.84 6,932.61 27.93 365.84 130.00 335.50 493.00 96.98 27.90 210.00 17.03 416.63 350.00 1,347.60 139.46 33.75 42.27 372.87 75.00 927.00 131.97 121.54 575.00 125.04 187.31 EXHIBIT n An TO RESOLUTION #2003- 220 Metropolitan Council Environmental Services MN Dept of Economic Security MIDC Enterprises MN Dept of Labor & Industry MGFOA MN Occupational Health MTI Distributing Municipal Clerks and Finance Officers Assoc NAPA New Richmond Utilities Northern Tool Office Depot On Site Sanitation Parts Associates Peterson, Brent Pro Guard R & R Specialties Reed Business Information Roettger Welding St. Croix Boat & Packet Co. Sandy's Office Coffee Service Short Elliott Hendrickson SPl - Integrated Solutions Springbrook State of MN BCA State of MN Dept of Transportation State Treasurer Office Stillwater Courier Stillwater Equipment Co. Stillwater Gazette Stillwater lions Stillwater Towing Stork T A Schifsky & Sons, Inc. T omten. Roger Tower Asphalt United Refrigeration, Inc. University of MN Onsite Sewage Treat Prog Washington County Government Center Washington County Attorney's Office Washington County Sheriff;s Office Washington County Transportation Wet Tech Workwell Occupational Health Services Yocum Oil Page 2 Wastewater Service November 3rd Quarter Turf Traveler, Hose with Fittings Maintenance Agreement Fund Accounting Professional Services Valve Box Cover, Wheel Asm Membership Vehicle Repair Supplies Jet Truck and Labor Equipment Repair Supplies Office Supplies Unit Rental Art Fair Equipment Repair Supplies New Ulm Conference Pro Shop Supplies Repair Edger Publication Welding Supplies September Arena Billing Coffee Supplies Water Street Parking, Lake View,Mulberry Tape Eraser 2004 Maintenance Agreement CJDN Connect Traffic Signal Mgt. Forfeiture Proceeds Publication Batteries Publication Membership Vehicle Maintenance 2003 Street Asphalt New Ulm Conference 2003 Street Oil Continuing Education Quick Access Parcel Data, Batteries Forfeiture Proceeds MDT's 3rd Quarter Traffic Services Softner & Calcium Chloride Professional Services Fuel ~ .~ . 96,148.00 8.36 1,550.84 40.00 90.00 130.00 48.34 35.00 307.35 315.19 26.61 48.59 355.60 234.39 238.29 594.08 912.65 114.66 15.00 31,324.43 38.00 16,813.30 100.91 10,895.00 270.00 40.93 31.86 190.64 350.20 206.57 84.00 159.76 231 .25 123.99 172.25 223,565.66 152.76 200.00 1,286.10 63.73 3,420.00 127.90 972.35 349.00 2,640.62 . . .' " EXHIBIT" A" TO RESOLUTION #2003- 220 . ADDENDUM TO BilLS . . All Time Detection Aspen Mills Cub Data One Technology Express Photo Foremost Promotions Glaser, Stuart Grand Garage Hudson Rod and Gun Ikon Office Solutions Lake Elmo Chrysler Lakeview Hospital Magnuson law Firm Metro Fire MN Housing Partnership NAPA Auto Parts Office Depot POD'S Tire Public Safety Equipment Co. Qwest Samaritan Tire Short Elliott Hendrickson State of MN Building Codes Stillwater Collision Tees Plus Varda Company Ventek International Wrap & Ship Xcel Yocum Oil Adopted by the City Council this 21st Day of October, 2003 Page 3 Repair Ventek Parking Meters Uniforms Fire Prevention Open House Office Supplies Processing Film Magnets Reimburse Conference Expense Reimburse Double Payment Range Use Office Supplies Repair Supplies Legal Blood Draws Professional Services Equipment Repair Supplies Conference Vehicle Repair Supplies Office Supplies Tires Calibration Radar Units Telephone Tires Lakeview Hospital, Loft of Stillwater Plan Review Terra Springs Repair Squads T Shirts DARE Varda Alarm Parking Machines Freight Electricity, Gas Fuel TOTAL 1,056.76 170.04 94.86 159.75 38.99 290.23 593.42 1,025.00 850.00 395.64 138.60 40.00 8,397.83 35.46 15.00 12.69 70.50 296.46 410.00 662.17 240.54 2,242.85 4,721.28 1,796.57 790.23 2,870.00 298.70 28.64 15,033.10 1,756.50 521,011.52 ~ i. LIST OF BilLS EXHIBIT n An TO RESOLUTION #2003- 220 . . Able Hose & Rubber Inc. Ace Hardware Action Rental Advanced R & D Aggregate Industries Anderson, James & Elizabeth Anoka Technical College Appletree Institute Aspen Mills AT&T Board of Water Commissioners Bonestroo, Rosene, Anderlik & Assoc. Boyer Truck Parts Cargill Inc. Catco Century Power Equipment Chris Amdahl locksmith Clarey's Safety Equipment Coca Cola Cub Dell Computer DTE Energy Technologies Eichten's Service Festive Outfitters, Inc. First Line Beverage Fitzgerald, Sue Galles Corporation Gopher State One - Call Greeder Electric Hillyard The Hoover Company IFP Test Service Imagineering Johnson,Jeff Kaeck, Brian Kath Fuel Oil Krongard, Les Kuehn, Mike Lind, Gladys MacQueen Equipment Inc. Maple Island Maximum Solutions, Inc. Menards Met Life Dental . Equipment Repair Supplies Maintenance Supplies Concrete Trailer Professional Services Concrete Legends Park Refund Overpayment Deferred Assessme Seminar Retiree Health/Hospital Insurance Uniforms Telephone Reimburse Water Bill SW long Lake Improvements Equipment Repair Supplies Salt Hydraulic Pump & Motor, Test Bench Equipment Repair Supplies Key, Padlocks Fuel Guage Concession Supplies Concession Supplies, Employee Apprec Computers Manual Repair Roof Top Unit Lily Lake leak Consulation Concession Supplies New Ulm Conference Maintenance Supplies Billable Tickets Wiring Conveyor Equipment Repair Supplies Vacuum Exam Consulting Service New Ulm Conference Sub Custodial Work Fuel Start Up Lily lake Refrigderation System Work Boots land Purchase Filter Hardware Software Support Hardware Insurance 47.72 725.29 79.88 230.00 736.97 76.00 125.00 21,790.60 769.85 18.30 734.56 3,014.44 8.37 36,172.53 1,247.15 36.46 516.80 354.46 1,108.10 180.84 6,932.61 27.93 365.84 130.00 335.50 493.00 96.98 27.90 210.00 17.03 416.63 350.00 1,347.60 139.46 33.75 42.27 372.87 75.00 927.00 131.97 121.54 575.00 125.04 187.31 ~ EXHIBIT" A" TO RESOLUTION #2003- 220 Page 2 Metropolitan Council Environmental Services Wastewater Service November 96,148.00 . MN Dept of Economic Security 3rd Quarter 8.36 MIDC Enterprises Turf Traveler, Hose with Fittings 1,550.84 MN Dept of labor & Industry Maintenance Agreement 40.00 MGFOA Fund Accounting 90.00 MN Occupational Health Professional Services 130.00 MTI Distributing Valve Box Cover, Wheel Asm 48.34 Municipal Clerks and Finance Officers Assoc Membership 35.00 NAPA Vehicle Repair Supplies 307.35 New Richmond Utilities Jet Truck and labor 315.19 Northern Tool Equipment Repair Supplies 26.61 Office Depot Office Supplies 48.59 On Site Sanitation Unit Rental Art Fair 355.60 Parts Associates Equipment Repair Supplies 234.39 Peterson, Brent New Ulm Conference 238.29 Pro Guard Pro Shop Supplies 594.08 R & R Specialties Repair Edger 912.65 Reed Business Information Publication 114.66 Roettger Welding Welding Supplies 15.00 St. Croix Boat & Packet Co. September Arena Billing 31,324.43 Sandy's Office Coffee Service Coffee Supplies 38.00 Short Elliott Hendrickson Water Street Parking, Lake View,Mulberry 16,813.30 . SPL - Integrated Solutions Tape Eraser 100.91 Springbrook 2004 Maintenance Agreement 10,895.00 State of MN BCA CJDN Connect 270.00 State of MN Dept of Transportation Traffic Signal Mgt. 40.93 State Treasurer Office Forfeiture Proceeds 31.86 Stillwater Courier Publication 190.64 Stillwater Equipment Co. Batteries 350.20 Stillwater Gazette Publication 206.57 Stillwater lions Membership 84.00 Stillwater Towing Vehicle Maintenance 159.76 Stork 2003 Street 231.25 T A Schifsky & Sons, Inc. Asphalt 123.99 Tomten, Roger New Ulm Conference 172.25 Tower Asphalt 2003 Street 223,565.66 United Refrigeration, Inc. Oil 152.76 University of MN Onsite Sewage Treat Prog Continuing Education 200.00 Washington County Government Center Quick Access Parcel Data, Batteries 1,286.10 Washington County Attorney's Office Forfeiture Proceeds 63.73 Washington County Sheriff;s Office MDT's 3rd Quarter 3,420.00 Washington County Transportation Traffic Services 127.90 Wet Tech Softner & Calcium Chloride 972.35 Workwell Occupational Health Services Professional Services 349.00 . Yocum Oil Fuel 2,640.62 . . . EXHIBIT II A" TO RESOLUTION #2003- 220 Page 3 Adopted by the City Council this 21 st Day of October, 2003 . Stillwater Elks Lodge No. 179 B.P.O.E. Telephone: (65 J) 439-5276 E-mail: stillwaterelks@yahoo.com ] 905 Greeley Street South Stillwater, MN 55082 September 22, 2003 Tim Thomsen City of Stillwater 3325 Boutwell Road Stillwater, MN 55082 Dear Tim, Elks Lodge No. 179 would like to use the Lily Lake TelIDis Courts for the sale of Christmas Trees again this year. _his will be our 17th year of offering trees to the Stillwater community and again we will use this project to ~rovide trees to those families who cannot afford to buy a Christmas tree. As in the past, we will cleanup after ourselves and leave the courts in excellent condition. We expect to continue to help the citizens of the Stillwater area once again this year with contributions to: Scouting, the City Parks, United Way, research foundations, Hoop Shoot and Soccer competition, etc. etc. Thank you and the City of Stillwater for your support. Fraternally,' i-"~ L..-'''' 1\V~ Leonard W. Schrade, Chairman 1711 W. Olive Street Stillwater, MN 55082 Phone: (651) 439-4884 -1 rJ-/ ./ ~/;Ll- P ./ .fllt.i.. 'll.t/'-/ , ... (ftt.1 f.~ 1/ f.,l . ~/ ,() (/1/ . l,/;,t / ,J~~//J!f~ . ciJf~ , ~~4 c.../ . . . . "\lema DATE: October 17,2003 TO: Mayor and City Council Chantell Knaus&JufJ Director of Administration FROM: RE: SafeAssure Consultants, Inc. Contract Back!!round For the past 4 years, the City has contracted with SafeAssure Consultants, Inc. for OSHA and safety consultation services. A copy of the proposed Agreement for 2003-2004 is attached. The contract price is $6,675.00, this represents a 4.7% increase from the 2002-2003 contract price of $6,375.00. Beginning with contract year 2003-2004, SafeAssure is including MSDS services from DAMARCO Solutions, LLC as part of their contract at no additional cost. The Safety Committee has reviewed the renewal contract and recommended to contract with SafeAssure for 2003-2004. Recommendation It is recommended that the City renew the OSHA and safety consultation agreement with SafeAssure Consultants, Inc. for 2003-2004. If the Council chooses to continue contracting with SafeAssure, it is recommended that the attached Resolution be approved. . September 12,2003 Ms, Chantell Knauss Director of Administration City of Stillwater 216 North Fourth Street Stillwater MN 55082 Dear Chantell: Enclosed please find the executed contract for October 2003 thru September 2004. As you know there are two very significant "SafeAssure Alliance" additions to the contract this year. These two "SafeAssure Alliance" additions are very significant as they reflect a huge added value to the contract for the City of Stillwater. Your SafeAssure contract now in<:;ludes a superi()r M~I?Srnanagement service through DAMARCO, Solutions, LLC.. Since this isY:ip*,I-t ofJ~~~.afeA~~mrecontfa(;t we will be assisting your personnel initiate:.~nd IT13intall1th1s 'gre,itneWservlce, If the City of Stillwater were to purchase the DAMARCO MSnSservice'alqpe it would cost in . excesS of $4,000.00 animally, You("~SafeAsSUre Alliance" has been able to greatly . reduce this cost and we are passing 160% of the discount on to you, our client. We also have negotiated with Fastenal Industrial & Construction Supplies (a major "Safety Supply" company), and have obtained a "SafeAssure Alliance" price discount of 10% off wholesale. SafeAssure and Fastenal are in the process of developing a safety supply catalog, which will make it very easy for your various departments to order OS.H:A.- required safety supplies and equipment at the discounted price. This discountedpric~-c~m also save you thousands of dollars. We will certainly keep you up to date on this asit develops. ;-', , It is our goal toad(fas much valntito the SafeAssureC9Jlg~st~J~i$p_ossible.lfYou have other ideas alongtfi-~se lines,QIt_4Vi~H~>nscRI:lcep1iPl~J~~~~,*i6.ntratt, please give me a call. Thank you so much foiX~~:r.(~~~1ileS~::W,:e'I~"a!iy-?piii~~J~teworking with you. . .... - -. '-,~.' ,.- . :, -, ,_. '." ,...- .:". . .--" '; - '. - ",:; :t; .", ',- -., " -,. ~,,~: ' ;", ,--' . ,"" - . ':.~ '."; ."".' .... -.i ,_ .,.t_ '" ;. :' -'-,. "'.- .-<>~ - - . .". Sincerely yours, ((~-~~- .- ~~~~~~--~ SafeAssure Consultants, Inc. Encl C:File . PO Box 281 · Willmar, MN 56201 · (Ph.) 320-231-3803 · (Fax) 320-231-1405 E-mail: SafeAssure@willmar.com · Web: www.safeassure.com . . SafeAssure Consultants Inc. 5]3 5th Sl. SW PO Box 28] WillmaL !vlN 5620] BILL TO City of Stillwater Alln: Chant ell Knauss Director of Administration 2 I 6 NOrlh FOUrlh Stree Stillwater 1\1N 55082 QUANTITY Safety Training, Annual ek you!! Work Safely' DESCRIPTION PO NO. . DATE. 9/ J2!2.003 ': TERMs Due on signing RATE 6,675.00 Total Invoice I.NVOICE# PROJECT AMOUNT 6,675.00 $6,675.00 Basic Employee Right-to-Know Service Includes: Additional Services: Can you answer "yes" to any of these questions'? Employee Services . 24 hour employee access to MSDS by toll- free phone, fax or Internet. . 24 hour employee access totrained health professionals (nurses, pharmacists, and physicians) in the event of a medi.cal emergencY, or to answer safety and health relateq questions. . Periodic Service Activity Reports. . Ti'aining'a'nd Implementation Materials ,. Phone stickers and workplace posters with the toll free number. . Computer stickers with 'Internet Access information. . Employee training materials. OAMARCO Solutions will customize the service to meet your needs - you pick which additional services you wish to use, We are not afraid to unbundle the costs! Ti red of maintaining multiple books of paper MSDS? Frustra ted with the difficulty of making MSDS information accessible to fill.of your employees illl of the time? Challenged by how to make MSDSinformation available for products used at multiple sites? Aggravated by having MSDS borrowed and never returned? Pages lost? Misfiled? I rrita ted that the resources required to file, update, and remove old MSDS is drained from more strategic functions? Concerned that you simply are not in compliance with OSHA Regulations because you don't have the resources to maintain an in-house MSDS system? Provide your employees access to MSDS via phone. fax, and/or the Internet- regardless of how many sites at which they work. MSDS Management Services . Hard copy or electronic versions of MSDS willbe added to a computerized database. . All MSDS will be indexed by name; manUfacturer, date and applicable stock numbers/product codes. . Generation of global or site-specific chemical inventory list. . . . Archive of older MSDS for products that are .no longer in use. . Your database is automatically updated if we obtain an MSDS Lised by multiple. <.;Iiimts. . OAMARCO will obtain up to 100 MSDS for new products annually - in addition to adding any MSDS already in the database to your inventory. . *:3 yearrule*: Automatic updating of MSDS on a routine basis, to ensure that no MSDS is older than 3 years. . Acquisitions of MSDS for new products obtained by your company (first 100 free as part of the basic service). . Indexing of additional fields for your regulatory needs (e.g. ingredients, CAS numbers etc.). . Provision of MSDS on CD~ROM, to ensure that you have multiple sources of your data. . Provision of MSDS in 3-ring binders, sorted by site, for those employees without access to fax or Internet. updatedon a biannual or annual basis.. . Electronic access to all of your indexed data, for in-house use (e.g. environmental compl ianceand reporting).. . In-house training of employees byqual i fied, , experienced staff. ...then DAMARCO Solutions can help YOll ! DAMARCO Solutions can: ElectronicallYlllana~e your iVlSDS - no more lost, misplaced or misfiled pages! Pricing Example for Basic Service~; Go beyond the intent ()f tlte law by providing the value-added service of 24 hOll r-a-daynccess to qualified health professionals in the event of an emergency. - or ifone of your employees just has.a medical question. Let us help youget hd afthe paper! Provide access to over 100,000 MSDS in the globalDAiVlARCO database. prO..Vide COlillliancc with OSHA's Hazard Co III III 1I11 ic I Standard For more jnformationorto req uest a _' pricing proposal specific to the needs of your company ,please contact , Gary Graczyk at 612-617-0999 Ex" or gl Ily(aJda 11 UIl"ClI""" I DAMARCO !m!DD is dedicated to the development of reasonably priced solutions for your data management and regulatory compliance needs. Managing MSDS is a necessary, but non- strategic function for your company - let liS help you do it better and more cost effectivelv. .I The staff of DAMARCO Solutions have well-established expertise and reputations in industry, and have invested in key partnerships with like-minded complementary businesses. DAMARCO ~. LLC Data Management & Regulatory Compliance Solutions 219 SE Main Street Suite 3<l6 Minneapolis, Minnesota 55414 , ' Phone 612-617-0999 Fax 612-617-0990 www.damarco.com iCCopyright DAMARCO Solutions, LLC 2000 . . Employee Right-to-Know Hazard Communication Program Material Safety Data Sheet (MSDS) Access by... ~ Holf ...phone .. ::cc.... , '''1\'\ ,0. \ ~.. Iii'!.'.) ~'. ~ ..........., ~.:; ~"\ ~""C':':~'. :' ( ~~,y , \"/!:;JI'~ ~\ \ .~ ~\.~,;,~;~':'I..I l." , ...f ax ...Internet ...As well as 24 hour access to health professionals in case of medical emergencies or questions. '/ . CITY OF STILLWATER .. r r /'" \/' ,..."..,'....1 \r~, \r ,.,..". \r \31 . i ~f.~' ~:' ~' ~'< ~ . . . ] The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to The City of Stillwater are listed below: A. W .A.I.R. :MN Statute 182.653 "An employer covered by this section must establish a written Work-place Accident & Injury program that promotes safe & healthfullvorking conditions ". EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writin[.? and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies ". CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section ". '""<-- HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited tu, provisionfor: development & maintaining a written hazard communication programfor the work-place... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all . 1'" d 'fl D h bl' h " occupatlOna_ lll)l-mes an 1 nessesJor t .at esta Is,.ment............ 2 CONFINED SPACE 29 CFR 1910.146 I If The employer decides ThaT iTS employees lvill enter permiT spaces, The employer sha I develop and implement a wrillen permiT space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Wrillen sTandard operaTing procedures governing The selection and use of respirators shall be eSTablished. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed 10 noise at or above an 8-hour time lveighted average of 85 decibels, and shall ensure employee participaTion in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) wiTh occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. . GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of {their} employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees. " -""'" LOGGING OPERATIONS 1910.266 (i)(1) The employer shall provide training for each employee, including supervisors, at no cost to the employee. . . . . ') ,) OPERA TION OF MOBILE EARTH-l\10VING EQUIPMENT. Training programs shall be developed and instructed by competent individuals who have knowledge, training, experience, and the demonstrated ability to identify existing and predictable hazards related to the subject matter. EXCAVATIONS/TRENCHING 1926.651 (k)(l) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) "Application. " Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph (j) (1) (ii) (b) of this section, depending upon its aC:";vity... .................. ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD's, MSD hazards and controls used to address MSD hazards." , . 4 . In the interest of Quality Safety Management, it is recommended that, wr;itt~n procedures and. documented employee training also be provided for the following Suljparts. (Subparts represent multiple standards) 1910 Subparts SubpartD - Walking - Working Surfaces Subpart E - Means of Egress Subpart F -Powered Platforms, l\hn-.lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipmenl Subpart J - General Environmental Controls Subpart K - MedicaLand First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipmenl Subpart N - Materials Handling and Storage Subpart 0- Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z- Toxic and Hazardous Substances 1926 Subparts Subpart C -General Safety and HealthPiovisions Subpart D ~ Occupational Health and Environmental Controls Subpart E - Personal Protective 3lld Ufe Saving Equipment Subpart F - Fiie Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpai1 H - Materials Handling, Storage, Use, .and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart 1\.1 - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart 0 Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P -' Excavations Subpart V - Power Transmission ahd Distribution . Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) . . . . . 5 All training on the programs written by SafeAssure Consultants, Inc. and services provided by DAMARCO Solutions, LLC (option one), will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Stillwater to obtain as required to comply with OSHA standards. Our contract year will begin on the signing of this proposal/contract. Classroom training wiJ] be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom trainin~ produced by SafeAssure Consultants for The City of StiHwater are for the sole and express use by The City of StiHwater and its employees and not to be shared, copied, or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a contract year, wiH be made at no additional cost to The City of StiHwater All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. wiH reimburse the City of StiHwater should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. 6 Al)O~~ULYI . SAFETY PROGRAM RECOMMENDATIONS The City of Stillwater Written Programs & Training A.\V.A.I.R. (A \Vorkplace Accident and Injury Reduction Act) · maintain site specific program . · documented training of all personnel · accident investigation · simulated OSHA inspection · safety committee advisor Employee Right to Know/Hazard Communication · maintain site specific program · documented training of all personnel (general and specific training) . · various labeling requirements · assist in maintaining DAMARCO Solutions, LLC, MSDS and data base (option one only) Lock Out/Tag Out (Control of Hazardous Energy) · maintain site specific program · documented training of all personnel Emergency Action Plan · maintain site specific program · documented training of all personnel Respiratory Protection · maintain site specific program · documented training of all personnel · required fit tests . . . . 7 Bloodborne Pathogens · maintain site specific program · documented training of all personnel Cranes-Chains-Slings · maintain site specific program · documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) · maintain site specific program · documented training of all personnel · decibel testing and documentation Personal Protective Equipment · maintain site specific program · documented training of all personnel Confined Space · maintain site specific program · documented training of all personal Trenching & Excavation (competent person training in second year) · maintain site specific program · documented training of all personnel Earth .l\::oving Equipment/Motor Vehicles · maintain site specific program · documented training of all personnel Ergonomics · maintain/write site specific program · documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements 8 General Safety Requirements · maintain site specific program · documented training of all personnel . 1Vliscellaneous · \Vorkplace Hazard Assessment · DAMARCO Solutions, LLC, MSDS program & data base (Option one only) · training manual maintenance · safety manual maintenance · documented decibel tesing · documented air quality readings · documented foot-candle readings · OSHA recordkeeping · General Duty Clause · assistance during an actual OSHA inspection · general safety recommendations · "SafeSide" newsletter publication · "ALERT" data base · unlimited consulting services . . 9 . City of Still,vater & Stillwater Water Board 2003-2004 Training Schedule OCTOBER 29 . ElYIPLOYEE RIGHT TO KJ'\TO\V ALL 9:30 AM . E1\'lERGENCY ACTION PLAN El\;IPLOYEES 1 : 00 Pl\;I . BLOODBORNE PATHOGENS ------- NOV. 12 . WINTER RELATED SAFETY ALL 1 :00 pm . 3-POINT CONTACT El\tJPLO YEES . LARGE VEHICLE DISMOUNT PUBLIC WORKS JANUARY 13 . ElYIPLOYEE RIGHT TO KNOW ALL 7:00 PM . ElYIERGENCY ACTION PLAN El\;IPLO YEES . BLOODBORNEPATHOGENS JANUARY 14 . DEFENSIVE DRIVING PUBLIC WORKS . 1 :00 PM for COl\JMERCIAL VEHICLES FIRE -.. -..--------.------- MARCH 10 . L.O.T.O. PUBLIC WORKS 1:00 PM . L.O.T.O. PERIODIC INSPECTION WATER BOARD BUILDING MAINTENANCE MAY 12 . CHAINSA W PUBLIC WORKS >'1:00 PM . PERSONAL PROTECTIVE EQUIPMENT JUL Y 14 . ACCIDENT INVESTIGATION SUPERVISORS 1:00 PM SAFETY COMl\;IITTEE SEPT. 10 CONFINED SPACE ENTRYClassrooill, PUBLIC WORKS 1:00 PM then on-site WATER BOARD . 10 ]n consideration of this signed monetary agreement/contract, for the period of twelve months fe the signing date, SafeAssure Consultants, Inc. will act as a consultant to, and/or perform the function of "Safety Manager" for The City of Stillwater. SafeAssure Consultants, ]nc. will provide unlimited consulting services, conduct classroom-training sessions ("see Tentative Training Schedule"), write and/or maintain mandatory OSHA programs and provide a complete MSDS management service in conjunction with DAMARCO, Solutions LLC (if you choose option one (1)). OPTION ONE (1) ANNUAL TOTAL WITH DAMARCO ,MSDS SERVICE $6,675.00 The City of Stillwater Date The City of Stillwater Date 6c~. ~AS.JbT~tollsultants .~ . ~ ~w~ SafeAssufe Consultants 7?2h3 Date . ~2~~ Date (SEAL) This codract is for the period of October 2003 thru Septemember 2004. . " Safety Wise We Specialize" . . . TO: FROM: DATE: SUBJECT: 1 CITY OF STILLWATER MEMORANDUM Mayor and City Council ~~ Sharon Harrison, Assistant Finance Director \." Si '-'. I , October 21, 2003 \ Utility Bill Adjustments - Sewer Charges Description Recommendation Water Softener Leakage Reduce July, October & Jan 2003 to 28,000 gallons per quarter .. I . MEMORANDUM TO: Mayor and City Council r FROM: Shawn Sanders, Assistant City Engineer DATE: October 15, 2003 SUBJECT: McKusick Storm Sewer/Trail Improvements Change Order No.2 Project 2002-04A DISCUSSION: Three quotes were received for the City Hall parking lot improvements. M.J. Raleigh Trucking submitted the low quote of$41,885.25. Since, MJ. Raleigh trucking is still under contract for the McKusick Ravine Storm Sewer Project, the parking lot improvements would be added to his contract as a change order. $41,000 was budgeted for parking lot improvements . RECOMMENDATION: Staff feels that the price for the parking lot improvements is reasonable and it is recommended that Change Order 2 for the McKusick Storm Sewer/Trail Improvements (Project 2002-04A) be approved. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2003-- APPROVAL OF CHANGE ORDER NO.2 FOR THE McKUSICK STORM SEWER/TRAIL IMPROVEMENTS (Project 2002-04A) '. APPROVAL OF CHANGE ORDER #2 FOR TtlE MCKUSICK STORM SEWERlTRAIL IMPROVEMENTS PROJECT 2002-04A ~ BE IT RESOLVED, by the City Council ofthe City ofStiIIwater,Minnesota, that Change Order . #2 in the amount of$41,885.25 for City HaIl parking lot improvements is hereby approved: Adopted by Council this 21 st day of October 2003. Attest: Jay L. Kimble, Mayor Diane F. Ward, City Clerk . . \ , . . . i . . . r ~: llwater ~ - - ~ T H :-;; R T H PL ACE 0 F M INN E SOT A- ~ Project No. 2002-04A Project Description: 1- McKUSICK RAVINE STORMSEWER CITY PARKING LOT IMPROVEMENTS The following changes shall be made to the contract documents: Purpose of Change Order: To improve City Hall parking lot Basis of Cost: Actual Description Reclaim Bit Grade Parking Lot Class #5 Gravel 12" Curb Remove 12" Curb 2331 Base 2341 Wear 2331 Base 2341 Wear Quantity 4050 sy 4325 sy 375 ton 125 If 50 If 305 ton 305 ton 105 ton 105 ton TOTAL: Alternate Bid: Deduct Mill Bit Remove Bit Class #5 4050 sy 4050 sy 375 ton TOTAL: Recommend for Approval: Agreed to by Contractor: M J Raleigh Trucking Inc. By: Title Estimated x October 15,2003 Date 2 Change Order No. By: Shawn Sanders, P.E., Asst. City Engineer Approved by the City of Stillwater CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 Price Total $ 0.78 $ 3,159.00 $ 0.65 $ 2,811.25 $ 8.00 $ 3,000.00 $ 19.00 $ 2,375.00 $ 4.00 $ 200.00 $ 37.00 $ 11,285.00 $ 37.00 $ 11,285.00 $ 37.00 $ 3,885.00 $ 37.00 $ 3,885.00 $ 41,885.25 -$0.78 $ (3,159.00) $1.00 $ 4,050,00 $7.65 $ 2,868.75 $ 3,759.75 Jay L. Kimble, Mayor .."" ~ \ M. J. RALEIGH TRUCKING INC. P.O. BOX 261 STILL~~6~, MN 55082-0261 (651)-439-1488 (612)-369-4905 DATE 10/2/03 . TO: CITYOFSTILLWATER RE: CITY HALL PARKING LOT RESTORATION STILLWATER, MN Item Description Bid Quanti ty Price .Amount 1 RECLAIM BIT 4050 SY $0.78 $3,159.00 2 GRADE PARKING LOT 4325 SY $0.65 $2,811.25 3 CLASS #5 GRAVEL 375 TON $8.00 $3,000.00 4 12 " CURB 125 LF $19.00 $2,375.00 5 REMOVE 12 " CURB 50 LF $4.00 $200.00 6 2331 BASE 305 TON $37.00 ' $11,285.. 7 2341 WEAR 305 TON $37.00 $],1,285. 8 2331 BASE 105 TON $37.00 $3,885. 9 2341 WEAR 105 TON $37.00 $3,885.00 TOTAL $41,885.25 ALTERNATE BID 1A DEDUCT MILL BIT 4050 SY ($0.78) ($3,159.00) 2A REMOVE BIT 4050 SY $1. 00 $4,050.00 3A CLASS #5 375 TON $7.65 $2,868.75 TOTAL $3,759.75 . . . . Memo DATE: October 17, 2003 TO: Mayor and City Council .r-~ Sharon. Harriso~Q~~," ~\i Asst. Finance Dlrecto ' , FROM: RE: Proposed Assessment for 220 East Mulberry Street-GEO Code 28.030.20.13.0145 BACKGROUND As you are aware, the City provided a temporary repair on the retaining wall on the west side of above fore mentioned property. A letter notifying Mr. Lodge of the assessment hearing was sent to Mr. Lodge on October 1, 2003 along with an invoice in the amount of $7,619.24 for costs incurred by the City as of the date of the letter. Since that time, the City has received an invoice from SEH in the amount of $340.04 that should be added to original invoice amount for a total assessment of $7,959.28. DISCUSSION Mr. Lodge's assessment can be paid interest free up to November 21,2003. If payment has not been paid by this date, the assessment will be certified to the County at an interest rate of 5% per year for a 10-year period collected with the property taxes. ACTION REQUIRED Council should conduct a public hearing and if Council desires to adopt the assessment they should pass a motion adopting Resolution 2003- , RESOLUTION ADOPTING ASSESSMENT FOR EXPENSES RELATED TO TEMPORARY REPAIR OF RETAINING WALL. RESOLUTION ADOPTING ASSESSMENT FOR EXPENSES RELATED TO TEMPORARY REPAIR OF RETAINING WALL . WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for expenses related to temporary repair of retaining wall: 220 Mulberry Street East - GEO Code 28.030.20.13.0145 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is on file in the City Clerks office and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2004, and shall bear interest at the rate of five percent per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. . 3. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 21, 2003. If the assessment is not paid by November 21, 2003, accrued interest from the date of the adoption of the assessment roll through December 31, 2004 will be added with the first installment due in 2004. If payment is not received by November 21, 2003, the amount listed above will be collected over a 10-year period with interest added at 5% per year on the unpaid balance. The yearly installments will be collected with the ~roperty taxes that are paid to Washington County. At anytime thereafter, prior to November 15t of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Stillwater City Council this 21st day of October 2003. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . . . Memo DATE: October 17, 2003 TO: Mayor and City Council Sharon Harrison ,C-tGl" t Asst. Finance Director \J~ FROM: RE: Proposed Assessment for 501 South 2nd Street - GEO Code 28.030.20.44.0050 BACKGROUND As you are aware, the demolition of property occurred as a result of a fire at above fore mentioned location. An agreement was entered into by Mr. Castle and the City for this demolition and that the cost would be assessed against the property over a five year period. A notice of hearing notifying Mr. Castle of the assessment hearing was sent on October 3, 2003. DISCUSSION Mr. Castle's assessment can be paid interest free up to November 21,2003. If payment has not been paid by this date, the assessment will be certified to the County at an interest rate of 6% per year for a 5-year period collected with the property taxes. ACTION REQUIRED Council should conduct a public hearing and if Council desires to adopt the assessment they should pass a motion adopting Resolution 2003- , RESOLUTION ADOPTING ASSESSMENT FOR DEMOLITION OF PROPERTY AT 501 SOUTH 2ND STREET (L.t. 359). RESOLUTION ADOPTING ASSESSMENT FOR DEMOLITION OF PROPERTY AT 501 SOUTH 2ND STREET (L.1. 359) . WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for expenses related to the demolition of property at the following property: 501 South 2nd Street - GEO Code 28.030.20.44.0050 - Lots 11 & 12, Block 41 excludes south five (5) feet of Lot 11, Original Town now the City of Stillwater NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF STillWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is on file in the City Clerks office and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January 2004, and shall bear interest at the rate of six percent per annum. To the first installment shall be added interest, January 1, 2004 through December 31, 2004, on the entire assessment. To each subsequent installment when due shall be added interest for one year on all unpaid installments.. 3. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST Will BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 21,2003. If the assessment is not paid by November 21,2003, accrued interest from January 1, 2004 through December 31, 2004 will be added with the first installment due in 2004. If payment is not received by November 21, 2003, the amount listed above will be collected over a 5-year period with interest added at 6% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Stillwater City Council this 21 st day of October 2003. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . . . MAGNUSON LAw FIRM LICENSED IN MlNJ\TESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box 438 . STn..LWATER, MN 55082 TELEPHONE: (651)439-9464 . FAX: (651)439-5641 DAVID T. MAGNUSON MARGARET M. MURPHY FACSIMILE COVER SHEET DATE: October 21, 2003 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: d3 TO: John Wertish FAX NO.: 612-573-9383 .... j -, .--J ~.~ (g \ 0\\ , FROM: David T. Magnuson . SPECIAL REMARKS: OCT 2 1 2003 ,~ John, These should be the latest drafts. There are some changes from the versions circulated with the City Council packets on Friday. These versions faxed should be the ones that get signed and published. Let me know if everything looks okay. Dave ~ If you did not receive all pages, please contact Nancy at 651/439-9464. The information contained in this facsimile message is attorney privileged and confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this fax in error, please immediately notifj; us by telephone, and return the original message to us at the above address via the u.s. Postal Service. We will be responsible for postage costs. ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 940A . CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF STILLWATER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF FT .F:CTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Stillwater, County of Washington, State of Minnesota. . City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Legal Services, 800NicolletMall,Minneapolis,MN 55402. Notice to the City shall be mailed to the City Clerk, Stillwater City Hall, 216 North Fourth Street, Stillwater, MN 55082. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. . 1 . Public Way. Any street, alley, walkway or other public .right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for aterm from the effective date hereof and expiring June 30, 2015, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance anp to the further provisions of this franchise agreement. 2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revo'ke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. . 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. . 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligatic';n hereunder, the complaining party shan notify the other party of the default and the desired remedy. The notification shall be w.ritten. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected r.~diator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION. OTHER REGULATIONS. . 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon 2 underground Electric Facilities in place, provided at the City's request, C<?mpany ~ remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to . the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its undergr()und Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Faciliti~s. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work- requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the . cost of such work done for or performed by the City. TIlls remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way, provided that upon any failure of Company to comply with the requirements of this Section 3.4 and not remedy the noncompliance within 30 days after Notice from the City, Company agrees to accept an amendment proposed and adopted pursuant to Section 11 hereof, which amends this Section 3.4 by removing the waiver by the City of one or more of the above reqUltements.. 3.5 Avoid Dama~e to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) ,the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of . 3 . the actual commencement of the work to permit Company to make any necessary additions,.alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. . 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocatiort is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-~ ;ded highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. . 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive 4 right befare the applicable Public Way ar Public Ground was established, ar Company's tights under state ar caunty pennit. . SECTION 5. TREE TRIMMING. Campany may trim all trees and shrubs in the Public Ways and Public Groundsaf City to. the extent Campany finds necessary to. avaid interference with the praper canstructian, aperatian, repair and maintenance af any Electric Facilities installed hereunder, pravided that Campany shall save the City harmless fram any liability arising therefram, and subject to. pennit ar ather reasanable regulatian by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity af City. Campany shall indemnify, keep and haldthe City free and harmless fram any and all liability an account af injury to. persans ar damage to. property accasianed by the canstructian, maintenance, repair, inspectian, the issuance af pennits, ar the aperatian af the Electric Facilities lacated in the Public Ways and Public Grounds. The City shall nat be indemnified far lasses ar claims accasianed thraugh its awn negligence except far lasses or claims arising aut af ar alleging the City's negligence as to. the issuance af pennits far, ar inspect'ian 'af, Campany's plans ar wark. The City shall nat be indemnified if the injury ar damage results fram the perfarmance in a proper manner af acts reasanably deemed hazardaus by Campany, and such perfarmance is nevertheless ardered ar directed by City after natice af Campany's determinatian. 6.2 Defense af City. In the event a suit is brought against the City under circumstances where this agreement to. indemnify applies, Campany at its sale cost and expense shall defend the City . in such suit if written natice thereaf is prampdy given to. Campany within a periad wherein Campany is nat prejudiced by lack af such natice. If Campany is required to. indemnify and defend, it will thereafter have cantral af such litigatian, but Campany may nat settle such litigatian withaut the consent af the City, which consent shall nat be unreasanably withheld. Ths sectian is nat, as to. third parties, a waiver af any defense ar inununity atherwise available to. the City; and Campany, in defending any actian an behalf af the City shall be entided to. assert in any actian every defense ar inununity that the City cauld assert in its awn behalf. SECTION 7. VACATION OF PUBLIC WAYS. T'~ City shall give Camp any at least two. weeks priar written natice af a prapased vacatian af a Public Way. Except where required far a City improvement praject, the vacatian af any Public Way, after the installatian af Electric Facilities, shall nat aperate to. deprive Campany af its rights to. aperate and maintain such Electric Facilities, until the reasanable cast af relacating the same and the lass and expense resulting fram such relacatian are first paid to. Campany. In no. case, hawever, shall City be liable to. Campany far failure to. specifically preserve a right-af-way under Minnesata Statutes, Sectian 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the farm af gavernment af the City shall nat affect the validity af this Ordinance. Any gavernmental unit succeeding the City shall, withaut the cansent af Campany, .- succeed to. all af the rights and abligatians af the City provided in this Ordinance. 5 . . . SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Monthlv Fee Per Premise Residential Sm C & I - Non-Dem Sm C & I -Demand Large C & I Public Street Ltg Muni Pumping -N /D MuniPumping - Dem $ 2.00 $ 2.50 $ 18.00 $125.00 $ 4.00 $ 2.00 $ '18.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. ......,. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be 6 due the last business day of the month following the period for which the payment is rn.ade. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. .In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 E<!uivalent Fee Requirement. The separate ordinance in\posing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the -foregoing conditions will be waived to the extent of such written consent. 9.6 Fee Adjustment. During the term of this franchise agreement, the City may determine that it desires Company to collect a franchise fee in an amount greater than that permitted by Section 9.1. If so, the City may give Company Notice to amend this franchise agreement to authorize collectioL of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its electric franchise agreements with other cities of the second, third, or fourth class in the seven-county metropolitan area. Upon receipt of such Notice, Company shall negotiate in good faith with City to so amend this franchise agreement. If agreement is not reached within 30 days after said Notice, the City may upon 30 days prior written Notice, enclosing a proposed amendment based upon the language Company has agreed to in an electric franchise agreement with at least two other of such cities initially adopted after the effective date of this franchise agreement demand that Company consent to the City's proposed amendment. The Company shall respond to the City within said 30-day period that it will immediately agree to accept the City's proposed amendment to this franchise agreement or send the City an amendment that Company will accept and which Company believes to be a good faith attempt to respond to the City's needs. If the City and Company are unable to agree on the terms and conditions of the amendment within 30 days after Company's response to the City, either party 7 . . . . . . may demand that the issue be resolved pursuant to Section 2.5 of the Franchise Ordinat:l:ce. If the result is a proceeding in District Court, both parties agree to be bound by the District Court's selection of one of the proposed amendments as best meeting, in the Court's opinion, the needs of both parties. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreemerii or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.' SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. TIlls franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: ,2003. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk 8 . . . ORDINANCE NO. 940B AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC ENER,GY SERVICE WITHIN THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: SECTION 1. The City of Stillwater Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. PU1pose. The Stillwater City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Stillwater. (a) Pursuant to City Ordinance 940A, a Franchise Agreement between the City of Stillwater and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Nbrthern States Power Company, a Minnesota corporation, d/b/a Xcel Energy,its successors and assigns, in an amount and fee design as authorized by Section 9.1 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its Electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy December 2003 billing month. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at that premise will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surchargt. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. 1 Subdivision 5. Record Support for Payment. Xcel Energy shall make each paymen.t when due and, if required by the City, shall provide at the time of each payment a statement swnmarizing how the . franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the franchise fee collected under Subdivision 2 of this ordinance is the later of ten (1 0) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel, Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in Subdivision 2 or the first billing month commencing 30 days after the foregoing effective date of the franchise fee. Passed and approved: ,2003 Jay L. Kimble, Mayor . Attest: Diane F. Wart/, City Clerk SEAL . 2 . . . SCHEDULE A Franchise Fee Rates: Electric Utility: The franchise fee shall be in an amount detennined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Monthlv Fee Per Premise Residential Sm C & I - Non-Dem Sm C & I-Demand Large C & I Public Street Ltg Muni Pumping -N/D MuniPumping - Dem $ 2.00 $ 2.50 $ 18.00 $125.00 $ 4.00 $ 2.00 $ 18.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January - March collections due by April 30. April- June collections due by July 31. July - September collections due by October 31. October - December collections due by January 31. ~'.. 3 . . . GAS FRANCHISE ORDINANCE ORDINANCE NO. 940C CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOT~ AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF STILLWATER, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINTON COUNTY, MINNESOT~ ORDAINS: ,- SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Stillwater, County of Washington, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. '. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a XcelEnergy, its succesj")rs and assigns. Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by Company for the purpose of providing gas service for public use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall bemailedtotheGeneraICounseI.LegaIServices.800NicolletMall.Suite 3000, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Clerk, Stillwater City Hall, 216 North Fourth Street, Stillwater, MN 55082. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1 - '. Public Ground. Land owned by the City for park, open space or similar purpose, which is . held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, term from the effective date hereof and expiring June 30, 2015, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date: Written Acceptance. This franchise agre~meht shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company . for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must prompdy meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may joindy select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not use~ or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION. OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits . if required by separate ordinance and to other reasonable regulations of the City to the extent not 2 . . . inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a pennit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Pennit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground withoutpennission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required pennits and pay any required fees. 3.4 .Restoration. After undertaking any work requiring the op~nirig of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promprly as weather pennits, and if Company shall not promprly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. 1bis remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's pennission to install, replace or maintain facilities in a Public Way, provided that upon any failure of Company to comply with the requirements of this Section 3.4 and not remedy the noncompliance within 30 days after Notice from the City, Company agrees to accept an amendment proposed and adopted pursuant to Section 11 hereof, which amends this Section 3.4 by removing the waiver by the City of one or more of the above requirem,,'"'.ts. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of 3 the actual commencement of the work to pennit Company to make any necessary additions,~lterations or repairs to its Gas Facilities. . SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Wavs. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a pt:ior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non-Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convertience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by . City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. '......, 4.3 Proiects with Federal Fundinq-. Relocation, removal, or rearrangement of any . - Company Gas Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment Costs of such relocation and the loss and expense resulting therefrom are first paid '. ') Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county pennit. SECTION 5. TREE TRIMMING. Company is also granted the pennission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the . 4 proper construction, operation, repair and maintenance of Gas Facilities, provided that Co~pany shall . save City hannless from any liability in the premises. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the, City free and hannless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of pennits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of pennits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is neveJ:t4eless ordered or directed by City after notice of Company's detennination. . 6.2 Defense of City. In the event a suit is brought against the City under circwnstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to"Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to intlem'nify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. 'Ibis section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. '. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. . 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any pennit or other fees being imposed on the Company, the City may impose on the Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed, that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: 5 Class Amount Per Month Residential Commercial Firm Non-Demand Commercial Firm Demand Small Interruptible Large Interruptible Firm Transportation Interruptible Transportation $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 . 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until at least 60 days after wri~en notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 8.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee . on the residential class. 9.3 Terms Defined. 9.3.1 "Class" shall refer to classes listed in the Fee Schedule and as defined or determined in Company's gas rate book on file with the Commission. ......, 9.3.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by the Company to its gas tariffs after the effective date of-this franchise agreement. 9.3.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise . fee may be changed by ordinance from time to time; however, each change shall meet the same notice 6 . . . requirements and not occur more often than annually and no change shall require a colle<;tion from any customer for gas service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Rec:!uirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. 9.6 Fee Ad~ustment. During the term of this franchise agreement, the City may determine that it desires Company to collect a franchise fee in an amount greater than that permitted by Section 9.1. If so, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its gas franchise agreements with other cities of the second, third, or fourth class in the seven-county metropolitan area. Upon receipt of such ~Totice, Company shall negotiate in good faith with City to so amend this franchise agreement. If agreement is not reached within 30 days after said Notice, the City may upon 30 days prior written Notice, enclosing a proposed amendment based upon the language Company has agreed to in a gas franchise agreement with at least two other of such cities initially adopted after the effective date of this franchise agreement demand that Company consent to the City's proposed amendment. The Company shall respond to the City within said 30-day period that it will immediately agree to accept the City's proposed amendment to this franchise agreement or send the City an amendment that Company will accept and which Company believes to be a good faith attempt to respond to the City's needs. If the City and Company are unable to agree on the terms and conditions of the amendment within 30 days after Company's response to the City, either party may demand that the issue be resolved pursuant to Section 2.5 of the Franchise Ordinance. If the result is a proceeding in District Court, both parties agree to be bound by the District Court's 7 selection of one of the proposed amendments as best meeting, in the Court's opinion, th~ needs of both parties. . SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on A!.?plicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this francJuse shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's . written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. Passed and approved: .2003. Jay L. Kimble, Mayor Attest: Diane F. Ward, City ClerkF . 8 ORDINANCE NO. 940D . AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: SECTION 1. The City of Stillwater Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. PUf!lose. The Stillwater City Council has determined that it is ~ the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas services within the City of Stillwater. (a) Pursuant to City Ordinance 940C, a Franchise Agreement between the City of Stillwater and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Nbrthern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as authorized by Section 9.1 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. . Subdivision 2. Franchise Fee. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy's December 2003 billing month. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. In the event any entities covered by this ordinance have more than one '-. premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at that premise will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surchar~. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. . Subdivision 5. Record Su!>!>ort for Payment. Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total 1 surcharge billed in the period for which the payment is being made to account for any uncolle<;tibles, refunds or error corrections. . Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the franchise fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in Subdivision 2 or the first billing month commencing 30 days after the foregoing effective date of the franchise fee. Passed and approved: ,2003. Jay L. Kimble, Mayor Attest: . Diane F. Ward, Ci!Y Clerk SEAL . 2 . . . SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Monthlv Fee Per Premise Residential Commercial Finn Non-Demand Commercial Finn Demand Small Interruptible Large Interruptible Finn Transportation Interruptible Transportation .' $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January - March collections due by April 30. April- June collections due by July 31. July - September collections due by October 31. October - December collections due by January 31. 3 -J" Community Volunteer Service and Senior Centers Connecting People ~ Enriching Lives . , October 20, 2003 Mayor Jay Kimble City Council Members City of Stillwater 216 N. 4th St. Stillwater, MN 55082 Dear Mayor Kimble and Council Members Thank you to the City of Stillwater for supporting Community Volunteer Service and Senior Centers for the year 2003. Your donation will help us in providing the Stillwater Senior Center, transportation services for your most frail residents, a resource for . volunteer involvement and a holiday gift and food program. We realize funding is difficult for municipalities this year and appreciate you seeing CVS and Senior Centers as a necessary service to provide to your residents. Thank you again. If you are interested in having us present at one of your upcoming council meetings to discuss our services do not hesitate to call me. sr!A".e"lY' / ~ {11!j Kathy Miron Executive Director Community Volunteer Service and Senior Centers . 2300 Orleans S1. W. Stillwater, MN 55082 651-439-7434 . www.volunteercvs.org ~, '. STILLWATER TOWNSHll' October 23,2003 Stillwater Town Hall . Chair: Laabs Regular Meeting Call To Order A!!enda: Adopt Minutes: Approve Minutes: October 9,2003 Regular Town Board Meeting Treasurer: 1. Claims & Checks 2. More Budget Review Attornev: 1. Road & Right-Of-Way Policies Ordinance Planner: 1. Hazard Garage/Accessory Building Request 2. Nextel Tower Report a. Status b. Extension Letter 3. Curtis Lot - Thatcher Letter 4. Escrow Procedure 5. Leys Minor Subdivision . En!!ineer: 1. B. Smith Response? 2. Garofalo Frattoria Sign Response 3. NSP Permit Application For Electric To Residence - 11515 Partridge Road North Clerk: 1. More Weed Information Committees: 1. Peoole - 8:00 P.M. 1. 8:00 Chief Of Police Report Old Business: 1. New Business: 1. Adiourn: Note: . 10/25/2003 Pat Bantli . / } Diane Ward _From: ent: 0: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, October 16,2003 12:08 PM Pat Raddatz Washington County Board Agenda - 10/21/03 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda ***Please Note Change in Time*** October 21, 2003 * 3:45 p.m. 3:45 to 4:15 - 2004 Budget Hearing Housing and Redevelopment Authority Outstanding Issues 1. 5:00 - Roll Call Pledge of Allegiance 2. 5:00 - 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 isstie 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, resent your comments. You are encouraged to limit your preseptation tonG :morethan 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. 5:05 - Consent Calendar 4. 5:05 - Public Hearing * Assessment, Taxpayer Services and Elections * KevinCorbid, Director Application for New Off Sale Liquor License * Big Marine Lake <?tore, New, Scandia 5. 5:20 - General Administration * Jim Schug, County Administrator 6. 5:20 - 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 sche9uled for a future board meeting. 7. Board Correspondence 8. 5:30 - Public Hearing * Transportation and Physical Develop~ent County Ordinance to Ban All-Terrain Vehicles in Coutity Rights of Way .9. 7:00 - Adjourn ************************************************************,**'**'****'*'*"** Meeting Notices 1 October 21 - Finance Committee Meeting 2:30 p.m., Washington County Government Center \ October 21 - Public Health Advisory. 5:30 p.m., Washington County Government Center . October 21 - Historic Courthouse Advisory ~:OO p.m., 101 West Pine Street * Stillwater October 22 - Mosquito Control Commission 9:00 a.m., 2099Univ~rsity Avenue West * St. Paul October 22 - Regional Solid Waste Management Coordinating Board 10:30 a.m., 2099 University Avenue West * St. Paul October 23 - Community Corrections Advisory 7:30 a.m., Washington County Government Center ***************-********-**********~*******************************-*******. Washington County Board of Commissioners Consent Calendar * October 2l~ 2003 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: . Administration A. Approval of the October 14, 2003 Board 'meeting minutes. B. Approval of revision to County Policy No. 1005, Code of Ethical Conduct. Community Services :1. C. Approval of resolution, 'Community Development131ock Grant Subgrantee Agreement, with the' South Washington County Housing Coalition and authorize the County Board Chair and ~ount~ Administrator to sign the agreement. D. Approval of resolution, HOME Subgrantee Agreement with Twin Cities Habitat for Humanity and authorize the County Board Chair and County Administrator to sign the,Agreement. Human Resources, Employee Safety and Risk Management, E;. Approval of revisions to County Policies No . 1024 and 5025', Guidelines Governing Public Purpose Policy Expenditures and the Employee Wellness Program. TransportatioK and Physical Development F. Approval of resolution, release and waiver, King Plant-Washington County, for receipt of information from Northern States Power Company. G. Approval of resolution awarding the bid for lea~e of agricultural land within county parks for 2004. Pat Raddatz, Administrativ~ Assistant Washington County Phone: (651) 430~60l4 e-mail: pat.raddatz@co.washington.mn.us . 2 ~ . . . ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 940A CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF STILLWATER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Stillwater, County of Washington, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Legal Services, 800 NicolletMall, Minneapolis,MN 55402. Notice to the City shall be mailed to the City Clerk, Stillwater City Hall, 216 North Fourth Street, Stillwater, MN 55082. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1 Public Way. Any street, alley, walkway or other public right-of-way within the City. . SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for aterm from the effective date hereof and expiring June 30, 2015, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date: Written Acceptance. 1bis franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. . 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must prompdy meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may joindy select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be pennitted by law or equity for breach of contract, or either party may take any other action pennitted by law. SECTION 3. LOCATION. OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to pennits if required by separate ordinance and to other reasonable regulations of the City to . the extent not inconsistent with the terms of this franchise agreement. Company may abandon 2 .' . . underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street O!,enin~. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the inunediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as prompdy as weather permits, and if Company shall not prompdy perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. TIlls remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way, provided that upon any failure of Company to comply with the requirements of this Section 3.4 and not remedy the noncompliance within 30 days after Notice from the City, Company agrees to accept an amendment proposed and adopted pursuant to Section 11 hereof, which amends this Section 3.4 by removing the waiver by the City of one or more of the above requirements.. 3.5 Avoid Damag-e to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which . the work is to proceed. The notice must be given to Company a sufficient length of time in advance of 3 'v the actual commencement of the work to permit Company to make any necessary additions, alterations . or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its . Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the , . convenience of the City and is not reasonably hecessary for the construction or reconstruction of a Public Way or CityUtility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Proiects with Federal Fundin~. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waivel;. The provisions of this franchise apply only to facilities constructed in reliance on a franchise hum the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive . 4 . . . right before the applicable Public Way or Public Ground was established, or Company's rights under state or county pennit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to pennit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of pennits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of pennits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. TIlls section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way; after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 5 '- SECTION 9. FRANCHISE FEE. . 9.1 fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the C?mpany and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Monthlv Fee Per Premise Residential Sm C & I - Non-Dem SmC & I-Demand Large C & I Public Street Ltg Muni Pumping -N/D MuniPumping - Dem $ 2.00 $ 2.50 $ 18.00 $125.00 $ 4.00 $ 2.00 $ 18.00 9.2 Se!larate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted . ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable . customer classification in all customer billings for electric service in each class. The payment shall be 6 . . . due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 E~uivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. 9.6 Fee Adjustment. During the term of this franchise agreement, the City may determine that it desires Company to collect a franchise fee in an amount greater than that permitted by Section 9.1. If so, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its electric franchise agreements with other cities of the second, third, or fourth class in the seven-county metropolitan area. Upon receipt of such Notice, Company shall negotiate in good faith with City to so amend this franchise agreement. If agreement is not reached within 90 days after said Notice, the City may terminate this franchise agreement upon 30 days prior written Notice enclosing a proposed amendment based upon the language Company has agreed to in an electric franchise agreement with at least two other of such cities after the effective date of this franchise agreement, unless Company gives Notice .to the City within said 30-day period that it will immediately agree to accept an amendment to this franchise agreement on the same terms and conditions as is set forth in the City's Notice. The termination will not be effective until after completion of any dispute resolution proceeding under Section 2.5, commenced by Company within said 30-day period, which proceeding confirms the City's action to be in compliance with this Section 9. 7 " . SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City . of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. TIlls franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: ,2003. Jay L. Kimble, Mayor Attest: Diane F Ward, City Clerk . 8 . . . ORDINANCE NO. 940B AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D /B/ A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING FTP,CTRIC ENERGY SERVICE WITHIN THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STIllWATER DOES ORDAIN: SECTION 1. The City of Stillwater Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Puryose. The Stillwater City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Stillwater. (a) Pursuant to City Ordinance 940A, a Franchise Agreement between the City of Stillwater and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as authorized by Section 9.1 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its Electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy December 2003 billing month. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at that premise will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surchar~. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. 1 Subdivision 5. Jlecord Sup!>ort for Payment. Xcel Energy shall make each payment when . due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the franchise fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in Subdivision 2 or the first billing month commencing 30 days after the foregoing effective date of the franchise fee. Passed and approved: .2003 Jay L. Kimble, Mayor Attest: . Diane F. Ward, City Clerk SEAL . 2 . . . SCHEDULE A Franchise Fee Rates: Electric Utility: The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Monthlv Fee Per Premise Residential Sm C & I - Non-Dem Sm C & I - Demand Large C & I Public Street Ltg Muni Pumping -N/D MuniPumping - Dem $ 2.00 $ 2.50 $ 18.00 $125.00 $ 4.00 $ 2.00 $ 18.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January - March collections due by April 30. April- June collections due by July 31. July - September collections due by October 31. October - December collections due by January 31. 3 . . . GAS FRANCHISE ORDINANCE ORDINANCE NO. 940C CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF STILLWATER, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINTON COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Stillwater, County of Washington, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns. Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by Company for the purpose of providing gas service for public use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Legal Services, 800 NicolletMall, Suite 3000, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Clerk, Stillwater City Hall, 216 North Fourth Street, Stillwater, MN 55082. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1 Public Ground. Land owned by the City for park, open space or similar purpose, which is . held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, term from the effective date hereof and expiring June 30, 2015, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may b~ imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company ., for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION. OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits . if required by separate ordinance and to other reasonable regulations of the City to the extent not 2 . . . inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openin~~. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a pennit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Pennit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without pennission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required pennits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather pennits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. TIlls remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's pennission to install, replace or maintain facilities in a Public Way, provided that upon any failure of Company to comply with the requirements of this Section 3.4 and not remedy the noncompliance within 30 days after Notice from the City, Company agrees to accept an amendment proposed and adopted pursuant to Section 11 hereof, which amends this Section 3.4 by removing the waiver by the City of one or more of the above requirements. 3.5 Avoid Dama~e to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of 3 the actual commencement of the work to permit Company to make any necessary additions, alterations . or repairs to its Gas Facilities. SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non-Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by., City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Proie~ts with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company is also granted the permission and authority to trim all shrubs and trees, including e roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the 4 . . . proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability in the premises. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be umeasonably withheld. TIlls section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: 5 . Class Amount Per Month Residential Conunercial Firm Non-Demand Conunercial Firm Demand Small Interruptible Large Interruptible Firm Transportation Interruptible Transportation $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will conunence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 8.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. . 9.3 Terms Defined. 9.3.1 "Class" shall refer to classes listed in the Fee Schedule and as defined or detennined in Company's gas rate book on file with the Commission. 9.3.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by the Company to its gas tariffs after the effective date of this franchise agreement. 9.3.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise e fee may be changed by ordinance from time to time; however, each change shall meet the same notice 6 . . . requirements and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 EC!uivalent Fee ReC!uirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. 9.6 Fee Adjustment. During the term of this franchise agreement, the City may determine that it desires Company to collect a franchise fee in an amount greater than that permitted by Section 9.1. If so, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its gas franchise agreements with other cities of the second, third, or fourth class in the seven-county metropolitan area. Upon receipt of such Notice, Company shall negotiate in good faith with City to so amend this franchise agreement. If agreement is not reached within 90 days after said Notice, the City may tenninate this franchise agreement upon 30 days prior written Notice enclosing a proposed amendment based upon the language Company has agreed to in an gas franchise agreement with at least two other of such cities after the effective date of this franchise agreement, unless Company gives Notice to the City within said 30-day period that it will immediately agree to accept an amendment to this franchise agreement on the same terms and conditions as is set forth in the City's Notice. The tennination will not be effective until after completion of any dispute resolution proceeding under Section 2.5, commenced by Company within said 30-day period, which proceeding confirms the City's action to be in compliance with this Section 9. 7 SECTION 10. PROVISIONS OF ORDINANCE. . 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. . 1bis franchise supersedes any previous Gas franchise granted to Company or its predecessor. Passed and approved: ,2003. Jay L. Kimble, Mayor Attest: Diane F. Ward, Ciry Clerk . 8 . . . ORDINANCE NO. 940D AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: SECTION 1. The City of Stillwater Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. PUf!>ose. The Stillwater City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas services within the City of Stillwater. (a) Pursuant to City Ordinance 940C, a Franchise Agreement between the City of Stillwater and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcd Energy, its successors and assigns, in an amount and fee design as authorized by Section 9.1 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy's December 2003 billing month. nus fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at that premise will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharfe. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. Subdivision 5. Record Support for Payment. Xcd Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total 1 surcharge billed in the period for which the payment is being made to account for any uncollectibles, . refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the franchise fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in Subdivision 2 or the first billing month commencing 30 days after the foregoing effective date of the franchise fee. Passed and approved: , 2003. Jay L. Kimble, Mayor Attest: . Diane F. Ward, Ciry Clerk SEAL . 2 . . . SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class ,Monthly Fee Per Premise Residential Commercial Firm Non-Demand Commercial Firm Demand Small Interruptible Large Interruptible Firm Transportation Interruptible Transportation $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January - March collections due by April 30. April- June collections due by July 31. July - September collections due by October 31. October - December collections due by January 31. 3 . MEMORANDUM ,. TO: Mayor and City Council FROM: Shawn Sanders, Assistant City Engineer'S'If DATE: October 16, 2003 RE: 2003 Street Improvement Project (Project 2003-02) 418 South Hamet Street Assessment DISCUSSION . At last Tuesday's City Council meeting, the assessment hearing was held for the 2003 Street Improvement Project. The property owner at 418 South Hamet Street spoke out against his assessment for his water service in the amount of $5,340.93. As you may recall, this property owner's existing water service ran through the basement of his neighbor at 604 West Pine Street and inquired about the replacement of his service as part of this project. Staff was directed by Council to review the water assessment for this property. After reviewing, a new amount for the water service assessment for 418 South Hamet is as follows: an amount of$1,780)1-for the replacement of the water service, (this rate was assessed to all properties who had a galvanized water service replaced from the main to the property line) plus an amount of $1,780.31 for the new six-inch water main that was installed on South Harriet Street (This amount was assessed to the five other properties on South Hamet Street where a new water main was installed.) The new water assessment rate for 418 South Harriet Street would be $3,560.62, lowered from$5,340.92. The total assessment would be $9,200.94. RECOMMENDATION It is recommended that Council approve the assessment for the water service at 418 South Harriet Street to be reduced to $3,560.62. This amount would be consistent with other properties on the project for the replacement of galvanized water services and for a new six-inch water main on South Hamet Street. The new total assessment for 418 South Hamet Street would be $9,200.94, which includes the $5,640.32 for the street assessment. ACTION REOUlRED . If Council concurs with the staffrecommendation, they should cQpduct the public hearing and pass a motion adopting Resolution No. 2003-_, RESOLUTION ADOPTING ASSESSMENT FOR 418 SOUTH HARRIET STREET 2003 STREET IMPROVEMENT PROJECT (PROJECT 2003-02, L.I. 358) RESOLUTION ADOPTING ASSESSMENT FOR 2003 STREET IMPROVEMENT PROJECT (pROJECT 2003-02, L.I. 358) . WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment 2003 Street Improvement Project for 418 Harriet Street South, Geocode No. 2803020340075; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessment in the amount of $9,200.94, a copy of which is on file in the City Engineer's Office and made a part hereof, is hereby accepted and shall constitute the special assessment against the land named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2004, and shall bear interest at the rate of five percent per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31,2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. . 3. The property owner may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15,2003. If the assessment is not paid by November 15, 2003, accrued interest from the date of the adoption of the assessment roll through December 31, 2004 will be added with the first installment due in 2004. If payment is not received by November 15, 2003, the amount listed above will be collected over a lO-year period with interest added at 5 % per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. You may at anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 21 st day of October 2003. Jay L. Kimble, Mayor . ATTEST: . . . MEMORANDUM October 17, 2003 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Water Street Inn DISCUSSION: At the December 17, 2002 meeting Council adopted a resolution approving the transfer of an On-sale and Sunday Liquor License from St. Croix Preservation Company, Inc. to DBD Water Street Corporation. I have been notified that the closing has occurred however; the applicant is retaining the corporation name of St. Croix Preservation Company Inc, but leaving the DBA as the Water Street Inn. Because of this change on the application Council approval is again required, prior to submitting the requirement information to the State. The required inspections by City Departments have already been completed so there are no conditions of approval other than Minnesota Liquor Control approval. ACTION REQUIRED: If Council wishes to approve this change, they should pass a motion adopting Resolution 2003- APPROVING TRANSFER OF ON-SALE AND SUNDAY LIQUOR LICENSE TO ST. CROIX PRESERVATION COMPANY, INC. DBA: LUMBER BARONS TO ST. CROIX PRESERVATION COMPANY DBA: WATER STREET INN . APPROVING TRANSFER OF ON-SALE AND SUNDAY LIQUOR LICENSE TO ST. CROIX PRESERVATION COMPANY, INC. DBA: LUMBER BARONS TO ST. CROIX PRESERVATION COMPANY DBA: WATER STREET INN WHEREAS, a request for transfer of ownership of the On-sale and Sunday liquor license from St. Croix Preservation Company, Inc. DBA: Lumber Barons to St. Croix Preservation Company, Inc DBA: Water Street Inn has been received; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of On-sale and Sunday liquor license from St. Croix Preservation Company, Inc. DBA: Lumber Barons to St. Croix Preservation Company, Inc DBA: Water Street Inn conditioned upon approval of Minnesota Liquor Control Adopted by Council this 21st day of October 2003. Jay L. Kimble, Mayor . ATTEST: Diane F. Ward, City Clerk . ~ . . . STILLWATER PUBLIC LIBRARY 223 N. Fourth St., Stillwater MN 55082-4806 (651) 439-1675 FAX (651) 439-0012. Board of Trustees Meeting Agenda Tuesday, October 14,2003, 7 P,M. I. Call to Order 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report+ D. Other Activity Reports+ E. Web Site Usage Report F. Director and Other Staff Reports+ G. Financial Report + H. Policy Review- Volunteer Polky+ 5. Building Expansion- A. Report on Design Progress, John Mecum (MDA) B. Accessibility Grant Resolution 6. Fundraising Campaign A. Centennial and Campaign Events B. Report of Other Progress to Date 7. Operational Costs Task Force 8.2004 Budget 9.2003 Budget Adjustment 10.2004-2006 Board Terms 11 . MLA Conference Report 12. Other 13. Adjournment A+ I A I A+ I+ I D A+ A+ I* If you are unable to attend this meeting, please call Ann (ext. 17) before 5 P.M. on Monday, October 13, 2003. A=Action Item 1=lnformation Item D=Discussion Item += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed Agcnd;1 item 4A ~ STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILL 'VA TER, MN 55082-4806 65] 439-]675 FAX 651 439-0012 . Board of Trustees Meeting Minutes Tuesday, September 9,2003 Present: Bill Fredell, Bill Hickey, Dick Huelsmann, Victor Myers, Jessica Pack, ML Rice, Brian Simonet, Andrea Tipple Absent: Rick Hodsdon Staff Present: Lvnne Bertalmio I. Call to Order President Hickey called the meeting to order at 7:00. 2. Adoption of the Agenda a second by Rice. The agenda was adopted with a motion by Huelsmann and 3. Communications and Public Commentary Board President Hickey reported a letter from a citizen with several suggestions for design. 4. Consent Calendar A motion was made by Rice and seconded by Tipple to approve the consent calendar with minutes of July and August meetings and including payment of bills totaling $8,463.81. The motion passed. 5. Building Expansion A. John Mecum (MDA}---Report on Design Progress John Mecum shared information on meetings with the Citizens Building Expansion Advisory Committee, the Fundraising Steering committee and the City Preservation Committee. The plan of the building is pretty well set with design work still continuing in a couple of areas. . 6. Fundraising Campaign A. Centennial and Campaign Events Plans-Preliminary Schedule Director Trustee Rice and Director Bertalmio shared a preliminary schedule of planned events. Board trustees were asked to contribute as patrons for the upcoming Lullaby Concert. B. Report of Other Progress to Date Trustee Huelsmann reported on the Steering Committee meeting where several people communicated enthusiasm about the library design. Work is continuing to design the "naming" document. There is an early October event planned for Boutwell's Landing. 7. Operational Costs Task Force gathering data. The recently formed task force is in process, 8. 2004 Budget There is no budget to adopt at this point. The good news is that the Library will be able to return to a Sunday-open schedule in 2004. 9. 2004 Schedule of Closings Motion by Tipple, second by Pack to adopt the revised . 2004 Holiday and Other Closings schedule. The motion passed. ~ .I 10. Leave Without Pay Director Bertalmio reported on a letter received from the AFSCME representative regarding leave without pay. The Board requested that Bertalmio respond to . the letter. I J. Other A. Director Bertalmio announced the 2004 City Council budget meeting is scheduled for 7:00 on October 7,2003. B. President Hickey and Trustee Huelsmann led a discussion regarding protocol for contacting the architect. J 2. The meeting adjourned at 8:27 p.m. . . Chair Laabs Call To Order ~nda: Minutes: Irea.sUI:IT: Attorne,,: fhmner: Engineer: Clerk: Committees ~Ie Portion: Old Business: New Business: Adjourn: 10/04/2003 Stillwater Township October 9,2003 Stillwater Town Hall 7:00 P.M. Regular Meeting Adopt Approve Minutes September 25,2003 Regular Town Board Meeting 1. Report 2. Claims & Checks 1. 2. 1. Silver Creek Resolution 2. John Leys Subdivision 3. Curtis Parcel-Wetland Exemption 4. Parcels Available For Development 1. Review Road Policies 2. Update Structure In Right-of-Way-Penfield Ave. 1. Misc. 1. Park 2. Planning Commission 8:00 PM 1. Budget Review. Pat Bantli " \. . . . . October 9, 2003 STILLWATER TOWN BOARD ME!:, ING Town Hall 7:00 P.M. PRESENT: Chairperson Duane Laabs, Supervisors Jim Doriott, David Johnson, Sheila-Marie Untiedt and Jim Hiniker. Also, Treasurer Gloria Sell, Engineer Paul Pearson, Planner Dick Thompson, Attorney Soren Mattick and Police Chief Steve Nelson. 1. AGENDA - M/S/P Hiniker/Doriott moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Hiniker/Untiedt moved to approve the 9/25/03 Stillwater town board meeting minutes as written. (5 ayes) 3. TREASURER - Claims were approved and checks #16467 through #16493 were approved for payment. .4. FIRE CHIEF PRESENTATION, - Fire Chief Kallastad was present to talk about: 1. The ISO fire rating for most of Stillwater Township being reduced from 9 to 6 as of 1-1- 04. 2. Money has been forthcoming for a "quick attack" fire engine. It will be used asan initial - response vehicle that will be particularly helpful in the township areas where larger trucks often have difficulties getting around. 5. ATfORNEY- , 1. Raleiah Road Contract - M/S/P Untiedt/Johnson moved to sign a new road contract with Raleigh Trucking. The punch list will be part of the contr=.,ct. (5 ayes) . 6. PLANNER- 1. M/S/P UntiedtjDoriott moved to sign the Silver Creek Resolution with a date change to October 9, 2003. (5 ayes) 2. John Leys was present to seek approval for a minor subdivision. Fees of $750.00 for the escrow and $260.00 for the application were received. The park fee will be $10,964.00. M/S/P Johnson/Untiedt moved to approve a minor subdivision for John Leys subject to review by the engineer. Also an area on parcel B shall be identified as a drainage easement and non-buildable. (4 ayes, Hiniker nay) 3. Curtiss Prooertv on Norell - At the next meeting information is expected from Janeen Thatcher about making the Curtis lot buildable. Possibilities may be I,,, Stillwater Town Board Meeting - 10/9/03 '....!~ Page Two filling in the wetland or requesting a variance. 4. Available Parcels Possible. - There are potentially 440 lots available for . developments in the township. When updating the park plan lots and streets will be considered. 7. ENGINEER- 1. No response from the notification of October 21 2003 has been received from B. Smith about the brick structure removal from the township right-of-way. 2. The engineer will notify Garofalo Frattoria to move his sign back out of the right-of-way. 3. The planning commission will review the sign ordinance for any changes. 4. Road and right-of-way policies will be put into ordinance form by the attorney. 5. A general maintenance policy will be reviewed by the planning commission. 8. TOWER ISSUE - The planner will have more information at the next meeting. 9. BUDGET REVIEW - The treasurer presented the 2004 budget for review by board members. At the next town board meeting the treasurer will bring more budget information for further discussion. People requesting planning help must have an escrow in place before the planner may work on their project. Initial requests must be kept to a bare minimum. There will be further discussion at the next meeting. . 10. ADJOURNMENT - Meeting adjourned at 11:00 p.m. Clerk Chairperson_ Approved . ~. Diane Ward From: ~en,t: Wfo: Subject: Pat Raddatz [Pat. Raddatz@co.washington.mn.us] Thursday,dctober 09, 2003 11:40 AM Pat Raddatz Washington County Board Agenda - 10/14/03 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda ***Please Note Change in Time**~ October 14, 2003 * 9:45 a.m. 8: 00 to 9: 30 - Employee Recognition Reception Hosted, by Comity Board Lake Elmo Inn 3442, Lake Elmo Ave. N. 1. 9:45 - Roll Call Pledge of Allegiance 2. 9: 45 - Comment s 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, 011 this agenda. Persons who wish to address the Board must fill out a comm'ent card before. the meeting begins and give it to the County Board secretary or the County Admil1istrator: The' County Board Chair will ask you to come to the podium,' state your n~me and addnis,s, <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 individllal's presen.tation if it .ecomes redundant, repetitive, overly argumentative, or if it isnot relevaritto an issue hat is part of Washington County's responsibilit~es. The chair may also limit the'number of individual presentations to accommodate the scheduled agenda, items. 3. 9:55 - Consent Calendar 4. 9:55 - Financial Services * Edison Vizuete, Director Contract for Banking Services 5. 10: 10 - General Administration * Jim Schug, County Administrator, 6. 10: 20 - Commissioner ,Reports * Comments * Questions This period of time shall be used by the Commissioners to report to the,ful~ Board on committee activities, make cpmments on matters of interest and 'information'" or, raise questions to the staff. This action is not intended to result in s'l'lbstantive 'board action during this time. Any action necessary because of discussion will be ,scheduled for a future board meeting. 7. Board Correspondence 8. 10:40 - Adjourn 9. 10:45 to 12:15 - 2004 Budget Hearings Court Administration Community Corrections Sheriff .ibrary 10 12:15 - Lunch 1 11. 12:45 to 1:15 - Board Workshop with Community Services \.';.. . Discuss Report Addressing Homelessness*A Needs Assessment and' Plan 'for the' Seven" CoUnty,:, Metro Area ,.r ************************~*****************************'*~***~'****~******* . Meeting Notices October 14 - 2DD3 Employee Recognition Program 8:00 a.m., Lake Elmo Inn * Lake Elmo October 14 - Mental Health Advisory 4:00 p.m., Washington County Government Center October 15 - Transportation Advisory Board 2:00 p.m., 230 East 5th St., Mears Park Centre * St. Paul October 16 - Workforce Investment Board 8:30 a.m., 2150 Radio Drive i Woodbury October 16 - Minnesota Extension Committee 5:00 p.m., Washington County Government Center , , *****************************************~*************************~*'*** Washington County Board of Commissioners Consent Calendar * October 14, 2003 Consent Calendar items are generally defined as items of routine business, not'requiring, discussion, and approved in one vote.. Commissioners may elect to pull a Consent Calendar item(s} for discussion ana/or separate action. The following items are presented for Board approval/adoption: Administration . A. Approval of the September 23, and Oc;tober 7, 2003 Board meeting minutes. Community Services B, Approval of resolution designating the' Director of Community 'Services Department as local authorized coUnty representati~e to ~pprove consumer directed consufuer supports procedures and subsequent changes as ,neede'd for the implementation of the program. C. Approval to submit the required preliminary Washington County BiemiialService Agreements for the Minnesota. Fafuily Investment Program and the Children and Community Services Act which will be effective from January 1, 2004 to Dec:::ember 31, 2005; and approval of the revised Washington County Crisis Shelter/Utility Aid Program. Public Health and Environment D. Approval and execution by Board Chair and Administrator of agreement with the City 'of Cottage Grove for distribution of curbside recydling funds. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us '. 2 THE MCKNIGHT FOUNDATION . Contact: Gay]e Thorsen Communications Director 6]2-333-4220 gthorsen@mcknight.org 710 Second Street South Suite 40.0. Minneapolis, Minnesota 5540. 1 612-333-4220. 612-332-3833 fax www.mcknight.org MCKNIGHT SUPPORTS ECONOMIC SECURITY FOR FAMILIES AND EQUITY IN REGIONAL GROWTH Minneapolis, .MN (October 2, 2003)- The McKnight Foundation awarded 63 grants totaling $4,874,0.0.0. in its third-quarter 20.0.3 grantmaking. In grantmaking to help parents support their families, the board approved $90.0.,0.0.0. to five organizations that provide resources for low-income working parents to advance in the workforce. The groups-East Metro Health Careers Institute, Goodwill Industries, and Merrick Community Services in St. Paul; Hennepin Technical College in Plymouth; and IllRED in Minneapolis-provide worker training and other services that allow parents to concentrate on developing careers rather than simply maintaining low- wage, dead-end jobs. . "In this economic climate, it's a real challenge for workers to look beyond simply hanging onto their current jobs," says Noa Staryk, McKnight's board chair. "Parents who are trying to move their families forward-balancing the status quo with hopes and plans for the future-need extra help. Every parent has a dream, for himself or herself and for their families. We believe our support will provide opportunities to guide some of those dreams toward reality." McKnight's board also approved grants to two grassroots advocacy and organizing groups that address regional equity issues. ISAIAH in Minneapolis-76 congregations and two nonprofits working to revitalize communities and foster economic and social justice-received $90.,0.0.0. to increase citizen involvement in local communities and reduce metropolitan disparities. St. Paul's Jewish Community Action (JCA), also faith-based, organizes the Twin Cities Jewish community around issues of racism, immigration, affordable housing, and community reinvestment. JCA received $90.,0.0.0. over two years to involve synagogues and unaffiliated Jews in social justice issues. A breakdown of grant amounts by program area follows, with a small sampling of representative grants within each area. A detailed grants list, including contact information and full grant descriptions, is available via the "News" link at our website: www.mckni!!ht.org. . ARTS-18 GRANTS/ $793,0.0.0.: McKnight's board approved a grant of $11 0.,0.0.0. over two years in operating support for American Composers Forum, St. Paul, which supports the creative work of composers. Also approved was $60.,0.0.0. over two years in operating support for the Duluth Ballet company and school. In Minneapolis, the professional theater Theatre de la Jeune Lune received $100.,0.0.0. over two years, and the visual arts exhibition organization No Name Exhibitions received $40.,0.0.0. over two years; both grants will support general operations. ,HcKnight Grants. October 2003 Page 2 CHILDREN AJ\TD F AMILlES - 26 GRANTS / $2,690.000: West Central Minnesota Communities Action in Elbow Lake received $135,000 over two years to . support the Fami]y Assets for Independence in Minnesota project, a statewide program to help ]ow- income families save by matching the money families are able to save. In Minneapo]is, Hope Community received $] 00,000 for community-based redevelopment activities and family and children's programs in the Phillips neighborhood, and for out-of-schoo]-time youth activities. The board also granted $600,000 over two years to the Uniyersity of Minnesota Foundation's Minnesota Early Learning Training Project, to foster professional development among early childhood educators in ]ow- income and rural communities. ENVIRONMENT - 8 GRANTS / $720,000: The board approved $] ] 0,000 over two years for the Illinois Stewardship Alliance in Rochester, Illinois, to heip rural communities participate in decisions about large livestock feedlots and foster river restoration. For efforts to reduce nutrient pollution in the Upper Mississippi River and to preserve the Clean Water Act federal water policies, the Natural Resources Defense Council in New York, New York, received $] 50,000 over two years. A]so approved was $300,000 over two years to the National Wildlife Foundation, Reston, Virginia, to encourage Army Corps of Engineers policies that reduce environmental damage from water projects, especially in the Mississippi River. REGlON AND COMMUNlTlES - 4 GRANTS / $315,000: In St. Paul, Thomas-Da]e District 7 Planning Council received $60,000 over two years to support community-organizing activities in the Frogtown area of St. Paul. The board also approved $75,000 to The Conservation Fund - A Nonprofit Corporation of Ar]ington, Virginia, to support "green infrastructure" research and planning in the rapidly growing communities of the Twin Cities region. . INTERNATIONAL-7 GRANTS / $356,000: Crista Ministries of Seattle, Washington, received $45,000 over two years for a community development project to improve life in ] 6 remote ethnic minority villages in southern Laos. St. Jude's Family Projects and Training Centre in Masaka, Uganda, was granted $105,000 over three years to support a model farm and training center in Uganda. ABOUT THE MCKNIGHT FOUNDATION Founded in 1953 and endowed by William L. McKnight and Maude L. McKnight, the Foundation has assets of approximately $1.6 billion and granted about $87 million in 2002. Mr. McKnight was one ofthe early leaders of the 3M Company, although the Foundation is independent of3M. For more information about the Foundation or these grants, please visit our website at www.mcknie:ht.org. NOTE: The Foundation has moved to 710 South Second Street, Suite 400, Minneapolis MN 55401. Telephone andfax numbers remain the same: 612-333-4220 and 612-332-3833. .