Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2008-05-20 CC Packet
TtlE I.RTtI'LACE OF IIIIINEIOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street May 20, 2008 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Valley Outreach - Kate Krisik 2. Presentation of 2007 Heritage Preservation Commission awards 3. Proclamation: National Public Works Week APPROVAL OF MINUTES - Possible approval of the May 6,2008 regular and recesse OPEN FORUM The Open Forum is a portion of the Council meeting to add res the meeting agenda. The Council may take action or reply at th staff regarding investigation of the concerns expressed. Out of es e limit your comments to 5 minutes or less. which are not a part of te nt or may give direction to s in attendance lease STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Dev. Director 7. Finance Director 8. City Administrator of McKusick Lake License - St. Mary's Church - September 7,2008 Cities Stores, Inc. - Oasis Market - 1750 S. Greeley ibrary allation of additional microphones for Council Chambers staff innesota premises permit for lawful gambling for Stillwater Elks ,224 Main Street S., Stillwater, MN 6, ap ving Minnesota premises permit for lawful gambling for Stillwater Elks 05 Greeley Street S., Stillwater, MN . on 200 - approving Minnesota Historical Society Certified Government Grant Agreement 2 08-68, approving Minnesota Department of Transportation Maintenance Agreement No. 08-69, approving operating agreement for SCVB operation . ,ff..JGS - Out of respect for others in attendance. please limit your comments to 10 minutes is the date and time for a public hearing to consider the issuance of a new On-sale and Sunday Liquor License to Savories, Inc., DBA: Savories Bistro. Applicant: Jeffrey & Kristin Klemetsrud. Notice of hearing was published in the Stillwater Gazette on May 9, 2008. 2. Case No. 08-15. This is the date and time for a public hearing to consider a request from City of Stillwater for the construction of a three-level parking structure with 302 parking stalls with two stair towers, two elevators, public restrooms which will include a bridge from the upper level that will provide additional parking, vehicular and pedestrian access to No 3rd St located at 200 N 2nd Street in the CBD, Central Business District. a. Overview - Community Development Director Turnblad b. Development Agreement- City Attorney Magnuson (Resolution - Roll Call) c. Bonds - City Administrator Hansen (Resolution - Roll Call) NEW BUSINESS 1. Discussion of a Select Senior Living project for about 100 Elementary School and Grace Baptist Church 2. Possible approval to advertise for bids for 2008 Seal C 3. Possible approval to award work for Gilbert Court Bike Call) 4. Budget Update d 12 between Rutherford UNFINISHED BUSINESS 1. Possible approval of second reading of Ordinance No. 995, an ordinance am including storm water provision in nuisance regulations of the City 2. Possible approval of second reading of Ordinance No. 996, an ordinanc changing 931-525, entitled "Storm Water Management Practices" 3. Discussion on sandwich boards - Roll Call) e mprovement (Resolution - Roll PETITIONS, INDIVIDUALS, DELEGATIONS & COMMEN COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT to Exec * All items listed un enacted by one motl citizen so re t separately nda are considered to be routine by the City Council and will be w e no separate discussion on these items unless a Council Member or t, the items will be removed from the consent agenda and considered 2 TME IIITHPLACE Df M"IIE"'A AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street May 20, 2008 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIO 1. Valley Outreach - Kate Krisik 2. Presentation of 2007 Heritage Preservation Commis . 3. Proclamation: National Public Works Week s which are not a part of nt or may give direction to in attendance lease APPROVAL OF MINUTES - Possible approval of the May 6,2008 regular and re Monday) OPEN FORUM The Open Forum is a portion of the Council meeting to the meeting agenda. The Council may take ac 'on or reply at staff regarding investigation of the concerns ut limit our comments to 5 minutes or less: STAFF REPORTS 1. Police Chief 2. Fire Chief 3. 4. 7. Finance Director 8. City Administrator CONSENT AGENDA (R 1. Resolution 200 2. Request to pur 3. Possible appro 4. Possible appro Street 5. P sible approval 6. Po approval 0 tabl 7. Reso #179., 8. Resolutl #179.,loc 9. Resolution 10. Resolution 92835 11. Resolution 2 8-69, approving operating agreement for SCVB operation cKusick Lake icense - S1. Mary's Church - September 7, 2008 ities Stores, Inc. - Oasis Market - 1750 S. Greeley ibrary lIation of additional microphones for Council Chambers staff 65, approvl innesota premises permit for lawful gambling for Stillwater Elks apper, 224 Main Street S., Stillwater, MN ing Minnesota premises permit for lawful gambling for Stillwater Elks at 1905 eeley Street S., Stillwater, MN 08-67, approving Minnesota Historical Society Certified Government Grant Agreement 8-68, approving Minnesota Department of Transportation Maintenance Agreement No. PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes or less. 1. This is the date and time for a public hearing to consider the issuance of a new On-sale and Sunday Liquor License to Savories, Inc., DBA: Savories Bistro. Applicant: Jeffrey & Kristin Klemetsrud. Notice of hearing was published in the Stillwater Gazette on May 9, 2008. 2. Case No. 08-15. This is the date and time for a public hearing to consider a request from City of Stillwater for the construction of a three-level parking structure with 302 parking stalls with two stair towers, two elevators, public restrooms which will include a bridge from the upper level that will provide additional parking, vehicular and pedestrian access to No 3rd St located at 200 N 2nd Street in the CBD, Central Business District. a. Overview - Community Development Director Turnblad b. Development Agreement- City Attorney Magnuson (Resolution - Roll Call) c. Bonds - City Administrator Hansen (Resolution - Roll Call) * All items listed und enacted by one mot! citize 0 requests, in separa by UNFINISHED BUSINESS 1. Possible approval of second reading of Ordinance No. 995, an ordinance including storm water provision in nuisance regulations of the City 2. Possible approval of second reading of Ordinance No. 996, an ordinance am changing S31-525, entitled "Storm Water Management Pr NEW BUSINESS 1. Discussion of a Select Senior Living project for ab Elementary School and Grace Baptist Church 2. Possible approval to advertise for bids for 200 Coatin 3. Possible approval to award work for Gilbert Court BI Call) PETITIONS, INDIVIDUALS, DELEGATIO COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS II Call) ent {Resolution - Roll STAFF REPORTS (con' ADJOURNMENT to E idered to be routine by the City Council and will be pa te discussion on these items unless a Council Member or s will be removed from the consent agenda and considered 2 CITY OF STILLWATER CITY COUNCIL MEETING May 6, 2008 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Librarv Update Richard Edstrom provided an update on Stillwater Public Library activities. He noted this is Chapter 2 of what is hoped to be regular updates to the Council. He briefly highlighted the information included in Chapter 2, including the status of the Library Foundation, planning for a major fundraiser to be held in conjunction with the July 4 fireworks, a volunteer recognition event, and activities on the terrace. He noted that the Library Board is negotiating with a major donor to provide tables and chairs for events on the terrace. Councilmember Milbrandt asked how many of the scheduled weddings on the terrace are planning music. Library Director Bertalmio said there are seven events where music is planned; Ms. Bertalmio said staff plans to study various locations for placement of the music source to determine what location has the least impact on the surrounding neighborhood. Comprehensive plan update: Review of the Future Land Use Map, Park and Trails Map and annexation area transportation Community Development Director Turnblad stated that before starting the next step in the Comprehensive Plan update process, which is to begin drafting in earnest the text for each of the plan chapters, it was felt it would be a good time to bring the Council up to date on what some of the major recommendations are, including transportation issues in the annexation area, future land use map and parks and trails map, as well as non-conforming uses and options. Council Meeting May 6,2008 Lisa Raduenz from Iteris (traffic consultant) reviewed several transportation options for the west Stillwater area, including the possible widening of Brick Street and extension of Neal Avenue to Myrtle Street. She said she understood the Neal Avenue extension goal had been dropped from consideration but said they have continued the discussion to see what potentially could happen with that area based on some of the future land uses. She said they are trying to make sure this issue is addressed so that in the future, if the City does come up against this issue again, it will have some history and background for options to consider. She said they looked at options/elements to continue a north/south continuity within the western Stillwater area, noting that there are very few north/south roads, especially south of County Road 12/Myrtle. She said the request is to at least continue the dialogue on this issue and at least address the issue in some aspect in the Comprehensive Plan, perhaps under the miscellaneous chapter of the plan or in some area where it is listed as a reference for the future. She reviewed the transportation goals in looking at this issue - allow westbound movement from Northland; restrict the southbound movement from the northern area, so folks from the north can't go into neighborhoods to the south; channelization of a potential intersection at Northland/County Road 12; and to allow as many movements from Northland as possible. Councilmember Milbrandt noted what was presented was strictly an intersection analysis and does not dictate that there will be a full extension of Neal Avenue. The traffic consultant also reviewed options related to the widening of Brick Street between Olive and Myrtle; it was Council consensus to at least continue to look at those options. There was discussion of the possible benefit of a signal at the Northland/County Road 12 intersection. Mayor Harycki raised the issue of the safety of pedestrian traffic crossing County Road 12 in that area. Councilmember Polehna asked whether intersections at McKusick and Manning and Neal and Highway 96 will be looked at in the County plan; the traffic consultant responded in the affirmative and said they are working closely with the County and will try to incorporate as much of that information as possible in the transportation section of the Comprehensive Plan update. Tina Goodroad, of Bonestroo, reviewed the draft of the land use map, land use categories, and how the existing zoning categories fit into each of the land use categories. Councilmember Milbrandt asked about accommodating cluster development; Community Development Director Turnblad stated that can be done through the City's zoning and subdivision ordinances. Mayor Harycki questioned the designation of the parcel north of the Manning and County Road 12 intersection as neighborhood commercial when the commercial area across the street is struggling and unable to attract a restaurant use. Councilmember Nyberg noted this is a future land use map. Ms. Goodroad and Mr. Turnblad pointed out that a market analysis indicates that future growth and full build-out based on the proposed densities could support a commercial center at that site. It was noted this would have to be approved by the Joint Board as part of the orderly annexation agreement. There was discussion of the proposed land use designation for the Minor Avenue neighborhood, which might preclude existing residents from subdividing in the future. Mr. Turnblad said that would still be allowed but would be low-density, 10,000 square-foot lots or 3 units per acre. Councilmember Milbrandt questioned why a portion of the Heifort property is shown as low-medium, rather than medium density. Ms. Goodroad and Mr. Page 2 of 18 Council Meeting May 6, 2008 Turnblad both noted that the low-medium density use provides for flexibility, including some twin-home or low-density quad home product. Mayor Harycki suggested that use meets the goal of the orderly annexation agreement of providing a transition to the Township. Regarding the low-medium density use of the parcel at Manning and Highway 96, it was noted that according to the Orderly Annexation Agreement, this parcel cannot be designated commercial or neighborhood commercial. Ms. Goodroad noted that one issue yet to be resolved by the Steering Committee is a recommendation to place schools/churches into the permitted land use category, namely residential, rather than in the institutional use category; she stated on a question by Councilmember Milbrandt that she considers that recommendation primarily a housekeeping measure. City Attorney Magnuson suggested there should be some easy way, such as a land use map, of identifying those properties that do not pay real estate taxes. Mr. Turnblad said the issue for the future land use map is the possibility of a school or church changing use in the future, whether that use should revert to something more residential in nature or institutional in nature. It was agreed Councilmembers would provide comments about the draft land use map to Mr. Turnblad. Ms. Goodroad also referred to the draft parks and trails plan and invited comments. Councilmember Polehna noted that the School District is changing its busing policy so more kids will have to walk to school and suggested that be considered in relation to the trails plan. Ms. Goodroad also spoke to the existing, 15 non-conforming use sites. She said three options were discussed with the Steering Committee. The first option is to keep the legal, non-conforming sites as they are, leaving the land use and zoning as it currently is, which provides the City with the most discretion by leaving the underlying use residential but allowing the non-conforming use to continue. Another option is to change the land use and zoning to reflect the actual use, which would be a permanent change, likely some type of neighborhood commercial with zoning restrictions; she noted that would eliminate the ability to revert back to residential use if the existing use is discontinued. A third option is to allow the pre-existing, nonconforming uses to continue with a special or conditional use permit, more of a word and narrative change in the comprehensive plan than a total change in zoning. Consensus of the Steering Committee is that the third option be considered for the Olive/Greeley cluster of sites and leave the remaining sites as is. Council member Milbrandt noted that option 3 would provide for the possibility of expansion of the non-conforming uses, not allowed under option 1. Ms. Goodroad noted that under option 3, the City would want to be very specific in describing the parameters for any expansion. Mayor Harycki spoke of a concern about "definition" issues. Councilmember Milbrandt also raised a concern about the potential for expansion and expressed a preference for option 1. Councilmember Nyberg said the Steering Committee felt this area needed to be addressed separately as it involves a cluster of non-conforming uses. City Attorney Magnuson agreed that the most restrictive approach would be to leave the non-conforming sites as is. Mayor Harycki asked Mr. Turnblad to re-circulate a memo he had prepared several years ago in conjunction with the Just for Me proposal should the Council wish to have a more in-depth discussion at another Council meeting. Page 3 of 18 Council Meeting STAFF REPORTS May 6,2008 Finance Director Harrison reviewed a proposed calendar for the budget workshops and asked for Council input. City Administrator Hansen said he had a potential conflict with July 29. Mayor Harycki indicated a conflict with the August 26 date and Councilmember Polehna with August 12. It was agreed to schedule the workshops for July 15 and July 22, with a workshop at 5:30 p.m. July 29 if necessary, Ms. Harrison suggested a short meeting on August 19 in the event she doesn't have all the necessary figures from the County or LGA figures by the end of July. Ms. Harrison stated if the Council approves, the proposed budget and tax levy they will be adopted Sept. 2, with a special meeting on Wednesday, Sept. 9, if needed; that schedule was acceptable to the Council. Ms. Harrison reviewed a proposed resolution regarding dependent insurance coverage. She noted that state statute was changed to allow insurance coverage for unmarried dependents between the ages of 19 and 25 under an employee's dependent coverage. However, if the dependent is not a full-time student, the benefit becomes a taxable benefit to the employee. She explained that the amount of the benefit is set by resolution of the Council. She said staff recommends that the amount of the benefit be the single-coverage rate. Councilmember Milbrandt noted that amounts to about $6,000 a year in a now- taxable benefit; Ms. Harrison noted that the City doesn't have any choice in the matter. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2008- 56, resolution regarding dependent insurance coverage. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna ~nd Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Assistant Engineer Kraftson Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. Page 4 of 18 Council Meeting APPROVAL OF MINUTES May 6, 2008 Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt, moved approval of the April 8, 21, and 25, 2008, special meeting minutes and the April 15, 2008, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: John Runk Dav Mayor Harycki read a proclamation designating May 10, 2008, as John Runk Day in the City of Stillwater. Mary Ann Sandeen was present to accept the proclamation and invited members of the community to attend a celebration of John Runk's 130th birthday on the terrace of the Stillwater Public Library on May 10. A representative of Images of the Past also was in attendance and stated there is a photo contest that begins May 10, with entry forms available at the Library and Images of the Past. Proclamation: National Tourism Week Mayor Harycki read a proclamation designating May 10-18, 2008, as National Tourism Week in the City of Stillwater. Jennifer Severson of the Chamber, Steve Rolf of the Convention and Visitors Bureau, and Brent Peterson of the Washington County Historical Society were present and presented the City with a sesquicentennial flag. Proclamation: Municipal Clerk's Week Mayor Harycki read a proclamation designating May 4-10,2008, as Municipal Clerks Week in the City of Stillwater. City Clerk Ward accepted the proclamation. OPEN FORUM Jerry Heimberger, 303 N. Fourth St., representing a neighborhood group, said the neighborhood is opposed to the blanket variance to allow music at the Stillwater Public Library until 11 :30 p.m. He said the burden to the neighborhood has increased since the library reopening, citing traffic, extra trash to pick up, lights that shine in bedroom windows all night long, deliveries during the night, and now events that will go until 11 :30 p.m. He said if allowing the events is a fund-raising issue, then perhaps the City should provide the support rather than burdening the neighborhood. He said the group would like to see the variance repealed, especially since the neighborhood was never given notice regarding this issue. Mayor Harycki gave some of the background about the variance requests and said the Council had decided to proceed through the summer and then revisit the issue when there is something of a track record. Mayor Harycki noted library staff will be monitoring the music and placement of amplifiers to minimize impact on the neighborhood, and he said this was not meant to be a permanent variance. Mayor Harycki also noted that the agreement with the two weddings given the Page 5 of 18 Council Meeting May 6,2008 initial variances is that they would have to turn down the music after 10 p.m. if requested. He reiterated that the Council will be looking at this issue again at the end of the season. Mr. Heimberger said the neighborhood has experience with live music from the library's grand reopening and likened the noise level to Lumberjack Days. Mr. Heimberger reiterated his concern about this change, especially without notification to residents. Councilmember Nyberg said he would like to see the Council revisit the issue after two or three events, rather than waiting until the end of the summer, but noted that the two previously granted variances would have to be honored. Councilmember Milbrandt pointed out that when the library was planned and designed, the library was given specific instructions to seek revenue opportunities to offset operating expenses, and it was fully expected the terrace would be used for that purpose and be booked for events and parties and there would likely be music at such events. Councilmember Milbrandt said the City just doesn't have enough experience at this point to determine appropriate decibel levels. Mr. Heimberger said the neighborhood just wants the noise ordinance honored, with a 10 p.m. limit. Timothy and Jane Paskvan, 314 N. Fourth St. said in reading the noise ordinance no mention is made of a time limit and wondered why one part of the community should be made to take the onus of this noise due to a funding issue. They also asked if it is really legal to make any amount of noise desired up to 10 p.m. Mayor Harycki reiterated that the Council had not made any permanent decision, and said residents would be notified when the Council considers this matter again in the fall. Council member Polehna suggested that the Council could stipulate that there be no more events with music past 10 p.m. until the two that have been granted variances are reviewed and analyzed. Councilmember Milbrandt pointed out that other contracts may have been signed allowing music until 11 :30 p.m., and he noted that the variance stipulates that the music may have to be turned down if complaints are received. Councilmember Nyberg suggested the Council could limit the number of events to those with contracts already in place and not allow any additional events with music past 10 p.m. until the issue is re-evaluated. Delores Dickinson, 231 N. Third St. said she thought the Council should revisit the issue before seven events to make its determination. Motion by Council member Nyberg, seconded by Councilmember Gag to limit any variances to the noise ordinance to those contracts already signed and to hold any new contracts to the 10 p.m. limit for music, which could be determined to be a nuisance if the noise is excessive. All in favor. Kurt Klitzke, 420 Linden St. W., expressed a concern about the condition of the property at 410 W. Linden St. with junk in the yard and garbage cans left in the street. Mayor Harycki noted that the Council has requested a June workshop on the broader issue of nuisance properties. Councilmember Polehna stated he has been receiving lots of complaints from people in his neighborhood regarding the same issue. Mayor Harycki asked that a workshop be scheduled for 4:30 p.m. at the first Council meeting in June. Staff was asked to look into this particular property. Page 6 of 18 Council Meeting May 6,2008 Monica Bartkey, 425 Hanson Place, asked the Council to implement more strict ordinances pertaining to potentially dangerous dogs. She said she had sent Councilmembers a letter with information about ordinances that the cities of Minneapolis and St. Paul already enforce. Mayor Harycki responded that the City does have an ordinance pertaining to dangerous animals. Ms. Bartkey said there is a difference between dangerous and potentially dangerous and she is concerned about potentially dangerous dogs. City Attorney Magnuson said all cities have the same requirements/ordinances for potentially dangerous and dangerous dogs/animals. Ms. Bartkey said she has found that Stillwater doesn't have the same requirements after a dog has been determined to be potentially dangerous, noting that in Minneapolis an owner is required to have such a dog muzzled when out and is required to have an enclosure. She said she is finding that is not the case in Stillwater; she said there are dogs in her neighborhood that are potentially dangerous and have been out. She said the police have been very helpful when that has happened but wondered if their hands are tied because there is no ordinance to back them up. City Attorney Magnuson stated that according to City ordinance, an animal determined to be potentially dangerous must be under control, must be confined. Chief Gannaway said the owners of the dog(s) in question must take certain action or the City will take further court action, Mayor Harycki asked City Attorney Magnuson to prepare a summary of the pertinent ordinances and provide a copy to Ms. Bartkey for future reference pertaining to this situation. CONSENT AGENDA* (Roll Call) Motion by Council member Gag, seconded by Councilmember Polehna, moved approval of the Consent Agenda as presented. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008-49, directing payment of bills Possible approval of Temporary On-Sale Liquor License - Church of St. Michael- May 18, 2008 Possible approval of Special Event - Gopher to Badger Half Marathon - Final Stretch, Inc. - August 9,2008 Approval for Stillwater Girls Hockey to use the Aiple property for paid parking during Lumberjack Days Possible approval of retail sale of Fireworks - Cub Foods Possible approval of retail sale of Fireworks - Holiday Resolution 2008-50, resolution authorizing execution of agreement - Safe & Sober - 2008-2009 Resolution 2008-51, resolution approving agreements for the 2008 Rivertown Art Festival & 2008 Fall Colors Fine Art & Jazz Festival Resolution 2008-52, approving joint powers agreement regarding public safety related to 2008 Republican National Convention Resolution 2008-53, approval of the agreement with the Stillwater Farmer's Market Association Possible approval to purchase lift tailgate for Parks 12 ton pickup Possible approval of utility bill adjustment Page 7 of 18 Council Meeting May 6, 2008 Possible approval to replace bathroom partition in main restroom at St. Croix Valley Recreation Center Resolution 2008-54, abating special assessments Resolution 2008-55, approving of agreement with Max Todo Marine Services, Inc. PUBLIC HEARINGS This is the date and time for a public hearing to consider the transfer of an on-sale and Sunday liquor license from BT Doyle's Rib Joint, LLC; DBA: BT Doyle's Rib Joint to Bad Latitude, LLC, DBA: Smalley's Caribbean Barbeque. Applicant: Joshua Thoma City Clerk Ward said approval should be contingent upon the successful leasing of the property, filing of all required documentation and approval by police, fire, inspection, finance departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing; no comments were received, and the hearing was closed. Motion by Councilmember Milbrandt, seconded by Councilmembers Polehna to adopt Resolution 2008-57, approving transfer of ownership of the on sale & Sunday sales liquor license to Bad Latitude, LLC, DBA: Smalley's Caribbean Barbeque. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None This is the date and time for a public hearino to consider the 2008 Street Improvements. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 18 & 25. 2008. Assistant Engineer Kraftson reviewed the proposed project area, noting that all of the streets have been identified in the pavement management plan as in poor or worst condition. He stated the sanitary sewer in the downtown portion of the project area was constructed in the early 1900s; there are 16 of the original brick manholes in the project area that need to be replaced as well as 21 galvanized water services that will be replaced. Some of the storm water catch basins are deteriorating, he said, and three hydrants need to be added or upgraded. The proposed project is a street reconstruction and limited sidewalk replacement, with some storm sewer work and limited sanitary sewer and water work. On Orwell Court, he said plans are for a full depth mill and overlay. A partial mill and overlay is proposed for a portion of Olive Street. He noted that some of the street widths will be adjusted. He reviewed the proposed street widths and noted that two neighborhood meetings have been held to receive input regarding the project. He pointed out that seven rain gardens are planned to meet Middle Street Croix Watershed requirements. Total project cost is estimated at $1,472,600, with the resident share, using a 50-50 assessment ratio, $738,000. Mr. Kraftson reviewed proposed assessment amounts -- $3,542 per assessment unit for the Orwell Court properties, $7,100 per assessment unit in the remainder of the project area; commercial/institutional properties, as per policy, would be assessed $65.68 per front foot. Mr. Kraftson said, should the Council decide to proceed the bid award could be June 3, with construction taking place June through September and the assessment hearing on Sept. 16, 2008. Page 8 of 18 Council Meeting May 6,2008 Mayor Harycki opened the public hearing. George Schmidt, 208 W. Chestnut Street, said he thought the portion of the street where he lives is in good condition and serves only three or four houses and very few cars use the road. He said he did not think replacement of this one- block long section of the street was a very prudent use of money and encouraged the Council to remove it from the project. Barb Arney, resident of Orwell Court, expressed a concern about the timing of the project, given the state of the economy. She suggested that the Council consider whether this project is prudent or economically feasible to undertake at this time, suggesting that some people would be hurt a lot by the cost and increase in property taxes. Jim Martin, 225 W. Chestnut Street, asked about the width of Fifth Street from Chestnut down. He said he agreed with Mr. Schmidt about the condition of the street. He expressed a concern about narrowing the street, noting that during Lumberjack Days there is lots of traffic and on-street parking in the area, in addition to the traffic generated by the B&B and Stillwater Residence. He said the City needs to be concerned about safety and the ability for cars to have enough room to come and go in that area. He said he thought the streets in that area should be at least as wide as they are now for safety reasons. John Earl, 118 S. Fifth, agreed with the concern about the width of Fifth Street. He said the street from Olive to Chestnut is about 42 feet wide, and there is constant on-street parking, along with deliveries to the B&B and Stillwater Residence. He suggested that the width be maintained, almost full width down to Chestnut. He also asked for contact from engineering regarding the design of curb due to the location of his driveway. Councilmembers were in consensus to set the width of the block of Fifth to Chestnut at 38 feet. Judy Lacy, 318 W. Olive Street, asked who will maintain the rain gardens and who will pay for the maintenance of the gardens. Mr. Kraftson said, generally, the City tries to have homeowners responsible for maintenance, with the City serving as backup; he noted that several staff members have been trained in rain garden maintenance and the City is prepared to take on that responsibility when necessary. Ms. Lacy also asked about the assessment period of 10 years, noting that there had been some talk of a 20 year period. She also spoke of the potential for cost overruns that may increase the project assessments as the assessment hearing is not held until all the work is completed. Mayor Harycki stated that once the assessments are set, the City is responsible for any cost overruns. City Administrator Hansen said according to statute, the bid number could go 20 percent above the project cost quoted at this hearing without requiring a rehearing; the other factor that could change, he said, is the interest rate when the bond issue is sold, noting there is a very good interest rate climate at this time. City Attorney Magnuson noted the assessments listed at this hearing are estimates; the final assessment, with the exact amount, will be provided to homeowners in the project area prior to the assessment hearing. Ms. Lacy asked why there isn't a hearing process after bids are received, rather than after the Page 9 of 18 Council Meeting May 6,2008 project is completed. City Attorney Magnuson pointed out that almost invariably engineers' estimates of project costs are high, so as not to dash the expectations of homeowners. Mr. Kraftson noted that if the Council proceeds, when bids are opened in June and the Council felt the bids are too high, the Council could at that time decide not to proceed with the project or eliminate portions of the project. Ms. Lacy asked if the community had a choice of the 10- or 20-year assessment period. Mayor Harycki said in previous discussions about that issue, the Council felt that the 20-year period resulted in too large an interest cost to the homeowners. Ms. Lacy asked for a copy of the payment schedule. Joe Simonet, 120 W. Chestnut Street, stated the street is not in bad shape, has very little traffic and should be a low priority. No other comments were received, and the hearing was closed. Mayor Harycki asked for Mr. Kraftson's opinion about the shape of the section of Chestnut Street in the project area. Mr. Kraftson said the street was rated as poor in the pavement management, but said he did not think it is in as rough a shape as some of the other streets in the project area. Mr. Kraftson said some sewer work needs to be done in Fifth Street, and Fifth and Fourth streets are both in pretty poor condition, so it makes sense to reconstruct Chestnut at this time even though it is not in as poor a condition. Mayor Harycki asked if it might be possible to do a mill and overlay of Chestnut versus a total reconstruction. Mr. Kraftson said he does not believe there is enough pavement depth to do a mill and overlay. Councilmember Nyberg expressed a concern about setting a precedent in eliminating certain blocks from a project. Mayor Harycki asked if there are any programs or assistance to help those homeowners struggling with assessments. City Administrator Hansen said the only program he is aware of is the deferred assessments for senior citizens, which most people don't use because of the interest costs associated with deferring. Councilmember Gag spoke of comments received during the two neighborhood meetings, a lot of concerns about cost and the economy as well as a lot of comments about safety and the need to improve roads. Councilmember Nyberg spoke of the Council's responsibility to keep the City's infrastructure up to date. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008-58, ordering improvement and preparation of plans and specifications for the 2008 Street Improvement Project (Project 2008-02). Ayes: Council members Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 08-12. This is the date and time for a public hearinq to consider a request from Larson Enqineerinq, representinq Stillwater Public Schools. for a special use permit request for the separation of the bus drive and auto traffic and the reconstruction of the parkinq lot for the Stillwater Junior Hiqh School located at 523 West Marsh Street in the RB, Two Familv Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 28,2008 Page 10 of 18 Council Meeting May 6, 2008 Community Development Director Turnblad reviewed the request for an amendment to the School District's special use permit. He said the primary reason for the request is to separate car and bus traffic. Mayor Harycki said concerns have been voiced about parking during school events on the other side of the school and asked if staff could look at that issue. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Milbrandt stated the Planning Commission had voted unanimously in favor of this request with several conditions, the primary condition being that buses not be allowed to make a right turn when exiting the school. Council member Milbrandt also noted that the bus lane is a school hour only situation, so there will be room for parking for after school events. Mayor Harycki asked about the parking that is on the street. Mr. Turnblad pointed out that the available parking on site still exceeds what is required for a junior high school, and most of the area that is being taken out of parking use is being utilized for on-site storm water treatment. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adopt Resolution 2008-58, a resolution approving an amended Special Use Permit for the development of a bus drive lane to facilitate the separation of auto and bus traffic along with other site improvements at the Stillwater Junior High School located at 523 Marsh St W (Case No. 08-12), as conditioned by the Planning Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 08-13. This is the date and time for a public hearinq to consider a request from Monti Moreno for a zoninq text amendment request for the CA. General Commercial District, to allow outdoor sales located at 2289 Croixwood Blvd in the CA. General Commercial District and any variances related thereto. Notice was mailed to affected property owners and published in the Stillwater Gazette on April 25, 2008. Community Development Director Turnblad reviewed the request for a zooming text amendment to have outside sales as a permitted use in the CA, General Commercial, zoning district. Mr. Turnblad pointed out, if approved, this would apply to all properties zoned CA, which are generally located in residential neighborhoods. He stated the Planning Commission recommended denial of this request, but suggested they might be more willing to consider outside sales as a special use permit. Staff agreed with the Planning Commission recommendation, he said. Mayor Harycki opened the public hearing. Monti Moreno, the applicant, spoke of the changes that have occurred in the 30 years since Croixwood was first developed. He noted this is a difficult business climate, and he also noted that residents knew this was a commercial district when they purchased their homes. He also spoke of the improvements they have made to the property, saying they have revived the business as the neighborhood store it was originally intended to be. He explained how they began selling outdoor furniture. He said they are not looking to store furniture on the premises, but would like to display a few pieces on site. He said he is not Page 11 of 18 Council Meeting May 6,2008 looking for a zoning amendment that would affect all of Stillwater; what they are really looking for, he said, is a permit, or special use permit, to allow outside sales. He said the five tables on site now are for customer use and are not for sale. There was a question as to whether it is permitted to have tables outside. Raquel Henning, 607 Northland Ave., spoke of the improvements the Morenos have made to the property and the respect with which customers are treated. She said she did not think the Morenos would do anything to compromise the neighborhood, and said she thought it would be beneficial for all businesses to connect to the community. Raymond Dombrowe, 2337 Croixwood Boulevard said last year furniture was on site for an extended period of time. Some of the pieces were vandalized and remained there for an extended period of time and made the approach to the Croixwood area look "crummy." He agreed that the Morenos have made improvements to the property, but if last year is any indication, the situation with the furniture was embarrassing and was not an improvement to the neighborhood, he said. He expressed concern about approving the request and opening up the door for outside sales. Nancy Schoenecker, 606 Northland Ave., spoke of the improvements the Morenos have made. She said the furniture is not trash or junky. She said she would like the see the Morenos stay and would like for them to have the needed permit. Steve DeMars, 2307 Hidden Valley Lane, said the current zoning restrictions fit the needs of the neighborhood and have stood the test of time. He noted that the first owner of the station, Brooks Hauser, met with neighbors and neighbors were instrumental in developing covenants and zoning restrictions for the property. He also noted that Mr. Moreno is not new to this property -- he has owned the property since 1995. He also noted that this is not the first time Mr. Moreno has attempted to change the covenants and zoning - in 1995, he proposed developing a strip mall, a proposal that was opposed by the neighbors and ultimately rejected by the Planning Commission and City Council. He stated that he had filed five complaints against the Stillwater Station property due to the condition of the property, including safety issues. He stated the property is not maintained, noting that the graffiti has been on the building since October 2007. Beth Schwintek, 2327 Hidden Valley Lane, said residents were told the only thing that would be on that property was a small neighborhood grocery. She spoke of the ongoing problems with loitering and the condition of the property. She noted that residents who have spoken in favor of the request are folks who are not impacted by the property. She said she is totally opposed to the proposal. Rob Roffers, 2667 Interlachen Court, agreed that when Oasis corporate had the station, it was a dump. Since the Morenos have taken over, he said they have brought in fresh foods, have cleaned up the place and have made improvements. He said people should have the right to utilize their property in a meaningful manner and be able to support their business. He said he would rather have a mom-and-pop shop there, because they will take care of the business. He said Page 12 of 18 Council Meeting May 6, 2008 the Morenos are honest business people trying to make a living on the property that they own. He also disputed the suggestion that there is any problem with crime there. He spoke in favor of granting the permit, noting that the City has a right to enforce any conditions should Mr. Moreno not abide by the conditions of the permit. He later called the business a community asset. Richard Kilty, 118 W. Oak Street, said he owns the eight-plex directly across from the station and said he is opposed to any expansion of the uses of the property, stating his front yard is a wastebasket and garbage can for that station. He stated the situation has not improved under the present management. Jenny Schwintek, 2327 Hidden Valley Lane, said she would like the furniture to stay as it is, suggesting that the Morenos could put up a sign indicating that furniture is available for sale by inquiring inside. She spoke of some bad activity that goes on in the vicinity. She also stated she was opposed to the outdoor sale of food, but did compliment the Morenos on the job they have done with the business. Tom Vandel, 673 Sunrise Ave., said he was happy when the Morenos took over the property, referring to the improvements they have made to the parking lot, landscaping, the patio, and improvements to the interior of the store, as well as new products. He suggested the Morenos are the kind of business owners the City should encourage. He said he would be in favor of the special use permit. He said he saw nothing wrong with selling a few pieces of furniture there. Leslie DeMars, 2307 Hidden Valley Lane, said the issue is the request for a zoning text amendment. She said the zoning that is in place there is very specific for businesses that share a property line with residential property. She stated that is what is different about this business from other businesses that don't abut residential properties. She said she wants the business/property to remain what it is supposed to be, and that does not allow for outside sales of any kind, certainly not furniture spread around the yard, certainly not outdoor cooking and outdoor music. She stated she would be totally opposed to a zoning amendment. Nancy Moreno, owner, said while their original request was to allow outside sales as a permitted use, they now understand that it may be more appropriate to have the use allowed by special use permit. She said they are not requesting to make burgers out on the patio, they are not trying to do anything other than go through the proper channels to sell retail on property that they are paying commercial tax on. She said they would appreciate receiving a special use permit so they can continue to be an asset to the community. She also stated they are taking care of the property, noting that in the past the business was operated as a hands-off lease, while they are now owner/operator and will take much better care of the property. Mayor Harycki closed the public hearing. On a question by Mayor Harycki, Mr. Turnblad explained that the original request was for an amendment that would permit outdoor sales as a permitted use within the General Business District. Mr. Turnblad said rather than an outright permitted use, the Council could amend the ordinance to allow outdoor sales with special use permit. If the Council were to Page 13 of 18 Council Meeting May 6,2008 choose the second option, the process would have to start all over again. The decision at this point, Mr. Turnblad said, is the zoning text amendment to make outdoor sales a permitted use. There was a question about outdoor sales of wood, solar salt, etc. Mr. Turnblad explained that sale of gas station-related items such as washer fluid, oil, etc. is permitted as an accessory use, while sale of other items such as solar salt is a gray area. Mayor Harycki asked if the sale of furniture would be permitted if it took place within the premises; Mr. Turnblad said while that isn't addressed in the ordinance, he said that would be more reasonable than having the product sitting outside with a sign indicating it is for sale. Motion by Council member Nyberg, seconded by Council member Polehna to deny the requested zoning text amendment as proposed. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Council member Gag said the issue is not whether the Morenos are good people or good business people; it is a matter of a desire to have a furniture shop at a convenience store. Councilmember Milbrandt asked for guidance to the Planning Commission regarding the likely to be requested special use permit. Council member Nyberg said he would be looking for guidance from the Planning Commission. Councilmember Polehna said he was not willing to amend the ordinance to allow this and open it up to the rest of the similarly zoned properties. Mayor Harycki asked if it is permitted to have the outdoor tables for customer use. Mr. Turnblad said he didn't think the patio was an issue. Case No. 08-14. This is the date and time for a public hearinq to consider a request from City of Stillwater for a zoninq text amendment to Section 31-525 of the City's Stormwater Ordinance and an amendment to Chapter 38 Nuisance Requlations to achieve compliance with the MPCA Stormwater MS4 Permit and any variances related thereto. At this time the City will also receive public comments relatinq to its Storm Water Pollution Prevention Plan (SWPPP). The SWPPP was prepared to address the requirements of the Municipal Separate Storm Sewer (MS4) General Permit. This hearinq will consist of an overview of the SWPPP that was approved on December 28, 2007 and the activities completed in 2007. Written and oral comments received before or durinq the meetinq will be considered as the City prepares its Annual Report to the Minnesota Pollution Control Aqencv on its SWPPP. Notice was published in the Stillwater Gazette on April 25,2008. Assistant Engineer Kraftson briefly reviewed the goal of the MS4 permit to control city storm water systems to improve water quality. He explained there are seven components of the Storm Water Pollution Prevention Plan (SWPPP) that was prepared to meet the requirements of the MPCA permit: public education, public participation, illicit discharge detection and elimination, construction site runoff control, post-construction storm water management in new development and redevelopment, pollution prevention and good housekeeping, and inspection of the storm water system, and control of runoff to restricted and trout water. He reviewed the requested ordinance changes, which include adding five new items Page 14 of 18 Council Meeting May 6,2008 to the nuisance ordinance. Mr. Kraftson noted the City would use a common- sense approach in enforcement in response to questions regarding grass clippings being mowed into the street and a car that leaks oil sitting in one's driveway. The other ordinance change, Mr. Kraftson, said relates to storm water management practices and is something of a housekeeping measure. Mayor Harycki opened the public hearing. Steve Keister, 1721 Second Street N., said during the hearing for the North Hill sewer project he asked that steel grates be put in sewers so a child can't fall into a storm sewer. He said grates were put on the two sewer openings in front of his house, but farther to the north, grates were not installed. Mr. Keister also expressed a concern about a retaining pond near the Hazel Street hill. He said the pond is about 60' x 100' and is 10' deep when the pond is at capacity, and again expressed concern about safety of children getting into the pond. He suggested the pond is like a swimming pool with no fence. He also spoke of an empty hole across from his house that was intended to hold water from the golf course. No other comments were received, and the hearing was closed. Mayor Harycki asked staff to look at the issues of grates. Public Works Director Sanders said the grates were put in during the sewer separation project 35 years ago, and whenever the City has a street reconstruction project in the area, the grates are replaced. Mr. Kraftson said he thought Mr. Keister was taking about catch basins which have a grate in the gutter and opening in the curb. Mr. Sanders also noted that retention ponds are designed with slopes of no more than 3: 1 , a manageable, walkable slope, and said it would be costly to install fences around all of the City's retention ponds. Mr. Sanders agreed to look at the ponds in question. Mr. Kraftson said research indicates that fencing doesn't necessarily improve the safety of retention ponds; Mayor Harycki asked to look at that research information. Motion by Councilmember Milbrandt, seconded by Council member Polehna to approve the first reading of an ordinance amending the storm water management practices and the amendment to the nuisance ordinance. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 08-15. This is the date and time for a public hearino to consider a request from City of Stillwater for the construction of a three-level parkino structure with 302 parkino stalls with two stair towers. two elevators, public restrooms which will include a bridoe from the upper level that will provide additional parkino, vehicular and pedestrian access to No 3rd St located at 200 N 2nd Street in the CBD. Central Business District. Mayor Harycki noted that staff has requested that this hearing be tabled due to some last minute changes. Mayor Harycki opened the public hearing. Councilmember Nyberg, seconded by Councilmember Polehna, moved to table the hearing until the second Council meeting in May. All in favor. Page 15 of 18 Council Meeting UNFINISHED BUSINESS May 6,2008 Possible second readinQ of Ordinance No. 994. an ordinance of the City of Stillwater amendinQ the Stillwater City Code, to include administrative offenses Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Ordinance No. 994, an ordinance of the City of Stillwater amending the Stillwater City Code, to include administrative offenses. Ayes: Councjlmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None City Attorney Magnuson advised that Council should pass a resolution adopting the related fine schedule. Motion by Council member Nyberg, seconded by Councilmember Milbrandt to adopt Resolution 2008-60, a resolution pursuant to the Stillwater City Code to establish Administrative Offenses and fines for the violation thereof. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of AQreement between the City of Stillwater and Mainstream Development, LLC. City Attorney Magnuson said based on Council direction and interest; he believes this is a better agreement that first proposed from the City's point of view. The main change from prior drafts, he said, is that if the building is destroyed by casualty or voluntarily demolished by the owner, the developer or successors will be obligated to reach and agreement with the City on the same or similar terms to provide public restrooms in the new structure. Motion by Councilmember Milbrandt, seconded by Council member Gag to adopt Resolution 2008-61, approval of agreement with Mainstream Development, LLC . Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Vern Stefan, Mainstream Development, brought up an issue with Triangle Park similar to the storm water issue raised by Mr. Keister. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-62, resolution vacating parking easement. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 16 of 18 Council Meeting May 6, 2008 NEW BUSINESS Possible approval of plans and specifications and authorize bids of 2008 street reconstruction proiect (Resolution - Roll Call) Public Works Director Sanders stated that staff has been working on the plans and specifications for the 2008 street reconstruction project, the project discussed earlier in the evening. Plans are about 95 percent completed, he said. If Council approves the plans and specs, the project can be put out to bid and ready for construction in June. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008-63, approving plans and specifications and ordering advertisement for bids for 2008 Street Improvement Project (Project 2008-02). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None ADJOURNMENT to Executive Session for discussion on land purchase Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn to executive session at 10:30 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Page 17 of 18 Council Meeting May 6, 2008 Resolution 2008-49, directing payment of bills Resolution 2008-50, resolution authorizing execution of agreement - Safe & Sober - 2008-2009 Resolution 2008-51, resolution approving agreements for the 2008 Rivertown Art Festival & 2008 Fall Colors Fine Art & Jazz Festival Resolution 2008-52, approving joint powers agreement regarding public safety related to 2008 Republican National Convention Resolution 2008-53, approval of the agreement with the Stillwater Farmer's Market Association Resolution 2008-54, abating special assessments Resolution 2008-55, approving of agreement with Max Todo Marine Services, Inc. Resolution 2008- 56, resolution regarding dependent insurance coverage Resolution 2008-57, approving transfer of ownership of the on sale & Sunday sales liquor license to Bad Latitude, LLC, DBA: Smalley's Caribbean Barbeque Resolution 2008-58, ordering improvement and preparation of plans and specifications for the 2008 Street Improvement Project (Project 2008-02) Resolution 2008-59, a resolution approving an amended Special Use Permit for the development of a bus drive lane to facilitate the separation of auto and bus traffic along with other site improvements at the Stillwater Junior High School located at 523 Marsh St W (Case No. 08-12) Resolution 2008-60, a resolution pursuant to the Stillwater City Code to establish Administrative Offenses and fines for the violation thereof Resolution 2008-61, approval of agreement with Mainstream Development, LLC Resolution 2008-62, resolution vacating parking easement. Resolution 2008-63, approving plans and specifications and ordering advertisement for bids for 2008 Street Improvement Project (Project 2008-02) Ordinance No. 994, an ordinance of the City of Stillwater amending the Stillwater City Code, to include administrative offenses. Page 18 of 18 , f <SU Iy-Yate~~ -~.~ ~, THE BIRiHPLACf OF MiNNESOl"A. J CITY COUNCIL DATE: ITEM: CC DATE: PREPARED BY: May 9, 2008 15th Annual Heritage Preservation Awards May 20, 2008 Michel Pogge, City Planner j11 ~ The Stillwater Heritage Preservation Commission has selected the following individuals and businesses to receive one of their annual preservation awards. These awards are given on the basis that the project reflects the finest examples of carrying out the spirit and intent of the Historic District Design Guidelines or the Conservation District Design Guidelines. The awards are presented annually in May during National Preservation Month. Mayor Ken Harycki and HPC Chairperson, Howard Lieberman will present each recipient with a plaque at the May 20th Council Meeting. STILLWATER HERITAGE PRESERVATION COMMISSION PRESENTS WASHINGTON COUNTY FOR CONTINUAL PRESERVATION EFFORTS OF THE HISTORIC WASHINGTON COUNTY COURTHOUSE 101 PINE ST W CONSISTENT WITH THE SPIRIT AND INTENT OF THE STILLWATER HISTORIC DISTRICT DESIGN GUIDELINES SESQUICENTENNIAL AWARD FOR LONG TERM AND CONTINUAL PRESERVATION MAY 2008 ~ , STILLWATER HERIT AGE PRESERVATION COMMISSION PRESENTS PULP FASHION 102 MAIN ST N FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE HISTORIC DISTRICT DESIGN GUIDELINES SIGNAGE AND BUILDING MURAL MAY 2008 STILLWATER HERITAGE PRESERVATION COMMISSION PRESENTS BRENT AND CHRISTINE PETERSON 502 CHURCHILL ST W FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE CONSERVATION DISTRICT DESIGN GUIDELINES RESIDENTIAL PRESERVATION MAY 2008 STILLWATER HERITAGE PRESERVATION COMMISSION PRESENTS DAVID JOHNSON AND CARROLL DAVIS-JOHNSON 411 SIXTH ST S FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE CONSERVATION DISTRICT DESIGN GUIDELINES RESIDENTIAL PRESERVATION MAY 2008 I --------------------------------------------------------------------------------------------------------------------- STILL WATER HERITAGE PRESERVATION COMMISSION PRESENTS RONALD & GA YE LUNDSTROM 907 WILLARD ST W FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE CONSERVATION DISTRICT DESIGN GUIDELINES RESIDENTIAL PRESERVATION MAY 2008 --------------------------------------------------------------------------------------------------------------------- City o~ g tiQQwate/l, uUinnegota cP /lOcQamation WHEREAS, PUBLIC WORK SERVICES PROVIDED IN OUR COMMUNITY ARE AN INTEGRAL PART OF OUR CITIZENS' EVERYDAY LIVES; AND WHEREAS, THE EFFICIENT OPERATION OF PUBLIC WORKS SYSTEMS AND PROGRAMS SUCH AS WATER, SEWERS, STREETS, PUBLIC BUILDINGS, AND PARKS, ADD TO THE QUALITY OF LIFE OF OUR CmZENS WHO DRIVE ON OUR STREETS, DRINK WATER OR FLUSH TOILETS; AND WHEREAS, THE HEALTH, SAFETY, AND COMFORT OF THIS COMMUNITY GREATLY DEPENDS ON THESE FACILITIES AND SERVICES; AND WHEREAS, THE QUALITY AND EFFECTIVENESS OF THESE PUBLIC WORKS SERVICES, AS WELL AS THEIR PLANNING, DESIGN AND CONSTRUCTION IS VITALLY DEPENDENT UPON THE EFFORTS AND SKILLS OF PUBLIC WORKS EMPLOYEES; AND WHEREAS, THE EFFICIENCY AND THE QUALIFIED PERSONNEL WHO STAFF PUBLIC WORKS DEPARTMENTS ARE MATERIALLY INFLUENCED BY THE ATTITUDE AND THE UNDERSTANDING OF THE IMPORTANCE OF THE WORK THEY PERFORM. NOW, THEREFORE, L KEN HARYCKI, THE MAYOR OF THE CITY OF STILLWATER, BY THE AUTHORITY VESTED IN ME, DO HEREBY PROCLAIM THE WEEK OF MAY 18 THROUGH MAY 24,2008 AS NATIONAL PUBLIC WORKS W./fEK. IN THE CITY OF STILLWATER AND I CALL UPON ALL CITIZENS AND CIVIC ORGANIZATIONS TO ACQUAINT THEMSELVES WITH THE ISSUES INVOLVED IN PROVIDING OUR PUBLIC WORKS AND TO RECOGNIZE THE CONTRIBUTIONS WHICH PUBLIC WORKS EMPLOYEES MAKE EVERY DAY TO OUR HEALTH, SAFETY, COMFORT AND QUALITY OF LIFE. IN WITNESS WHEREOF, I HA VE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE CITY OF STILLWATER, MINNESOTA, TO BE AFFIXED THIS 20m AY OF MAY, 2008. vUayolt RESOLUTION 2008-64 DIRECTING THE PAYMENT OF SILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $625,539.29 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 20th day of May, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-64 Ace Hardware Action Rental, Inc. ALS Technologies, Inc. Amdahl, Chris Locksmith Anthem Sports, LLC APWA Aspen Mills AT&T Avenet, LLC Big Ink Inc. Board of Water Commissioner Bonestroo Boyer Ford Trucks Brock White Co. LLC Buberl Black Dirt, Inc. Burand, Inc. Carquest Auto Parts CDW Government, Inc. Champlain Planning Press, Inc. Chemsearch Cintas Corporation #754 Cities Digital Solutions City of St. Paul Clark, Luann Cole Papers Creative Product Sourcing, Inc. - DARE CSWEA Dell Marketing L.P. Denny Hecker Auto Connection Elite Sportswear Emergency Automotive Tech Enterprise Products Operating Fields, Bernice Force America G & K Services Galls General Security Services Corp Glaser, Stuart Gopher State One Call, Inc. Hansen Steve Heritage Printing, Inc. Ice Skating Institute International Code Council, Inc Equipment Repair Supplies Liquid Propane Ballistic Breaching Class Fine Box Keys/Service Call & Repairs Yellow Poly Fence Cap & Ties Manual Uniforms Telephone Website Hosting Dasher Ads Repair Clamp for Sewer Main Repair Stillwater Downtown Framework/Levee Wall Equipment Repair Supplies Detack Black Dirt Lift Station Repair Supplies Equipment Repair Supplies Minor Computer Equipment 1 YR Subscription Brake Job Cleaner Uniform Shirt Laserfiche Annual Support and Updates Asphalt Cleaning At Public Works/City Hall Janitorial Supplies DARE Supplies Conference Registration Fee Deluxe Backpack for Lap Top Vehicle Repair Charges Fleece Jacket for Resale/Rec Center Service Labor Propane Docketing Fee/Arbitrator Capital Outlay Machinery & Equipment Uniform Cleaning/Mats/Towels Uniform Supplies Alarm Monitoring Services Reimburse for parking fees April 2008 Billable Tickets Tuition Reimbursement Printing of Brochures/Rec Center & News Letter Administrative Membership Dues 2008 2008 Associate Member Dues 306.61 157.62 50.00 198.00 297.73 130.00 196.80 136.46 924.00 574.04 217.68 58,360.57 52.85 268.38 115.02 1,394.47 822.64 1,084.14 140.00 293.56 43.04 7,818.00 815.36 1,152.50 234.35 96.50 150.00 53.67 227.45 40.87 140.00 16,435.00 100.00 16,999.68 3,033.89 270.72 71.22 28.00 379.90 1,860.00 6,682.37 350.00 35.00 EXHIBIT" A" TO RESOLUTION #2008-64 J. Gardner & Associates, LLC Johnny's TV Johnson Controls Karnuth, Bryan Loffler Companies, Inc. LSA Design, Inc. Mac Queen Equipment Inc. Magler, Jeff Magnuson Law Firm Menards Meredith, Nathan Metropolitan Council MN Ice Arena Managers MN Office Of Enterprise Technologies MN State Fire Marshall Div Needels Supply, Inc. NEOPOST New Horizons Computer Office Depot Office Max Onvoy Pogge, Michel Polar Chevrolet & Mazda Postmaster Professional Wireless Communications Quill Corporation R & R Specialties, Inc. Rick's 36 Automotive Service St. Cloud Technical College St. Joseph Equipment Stillwater Courier Newspaper Stillwater Equipment Co Streicher's Stripe A Lot Summit Fire Protection Sun Newspapers T.A. Schifsky & Sons, Inc. Tech Sales Co. Tee's Plus The 106 Group, Ltd. Thul Specialty Contracting, Inc. Toll Gas & Welding Supply Twin City Seed Company Washington County Recorder West Payment Center Yocum Oil Company Zee Medical Service Page 2 Custom Tattoo's Repaired Power Surger for City Hall Boiler Repairs/Thermostat Repairs Reimburse for Mileage/Conference C/O LAN Switches & Quarterly Copier Maint. Stillwater Parking Ramp C/O Snow Blower Reimburse for Uniforms/Health Fair Supplies Professional Services through 05-10-08 Equipment Repair Supplies Reimburse Meals at Conference May 2008 Wastewater Charge Annual Survey Even Year April 2008 Wide Area Network Usage 2007 MN Code Update Class Equipment Repair Supplies Maintenance Agreement Office 2007 Training Office Supplies Office Supplies Monthly Telephone Reimburse for a Padlock Replacement of Damaged Vehicle/Burnt First-Class Presort Permit #206 Guardian Monthly Svc, Cell Antenna, Beac Office Supplies Ice Paint Vehicle Repairs Training & Education C/O Loader, Plow & Wing Subscription (2) Rechargeable Flashlights, Car Door Openers C/O Less Lethal Gear City Crosswalk Striping Annual Fire Sprinkler Inspection Publications Asphalt General Supplies D.A.R.E. Clear Red Bike Bottles Stillwater Public Education Program Catch Basin Repair at Myrtle Street General Supplies Fertilizer Recording Quinlan Zoning Bulleting Sub Fuel Medical Kit Supplies 172.00 275.00 802.30 155.79 19,284.14 11,180.86 112,834.26 235.16 8,098.33 477.18 50.96 101,377.21 25.00 140.83 70.00 163.95 606.41 3,370.00 1,144.84 583.28 509.19 10.64 18,474.40 180.00 212.89 298.40 1,718.92 149.94 110.00 124,469.75 28.00 153.47 588.70 5,150.00 325.00 293.65 1,121.12 287.55 30.50 759.75 1,820.00 26.61 410.03 671.00 168.00 8,514.45 99.48 EXHIBIT" An TO RESOLUTION #2008-64 ADDENDUM Aramark B J Haines Tree Service Brock White Co. LLC Carquest Clarey's Safety Equipment Denny Hecker Auto Connection Frank Madden & Associates Galles Corporation Kirvida Fire, Inc. Menards Peltier, Bill Poutre, Teriann Qwest Stillwater Farm Store Stork Twin City Testing Tessman Seed Co. Tri State Pump & Controls, Inc. Village Brass Xcel Energy Adopted by the City Council this 20th Day of May, 2008 Uniform Shirts Tree Removal & Tree Trimming Erosion Control for Pond at Dump Site Equipment Repair Supplies Wheel Cover Kit/Fire Department 3000 Mile Service Labor Relations Services Can Liners, Skin Cleanser System, Soap Fire Truck Repairs Equipment Repair Supplies Reimburse for U.S.A. Flags Repairs to Fire Fighter Equipment Tl Lines & Radio Phones in FD Erosion Control for Pond at Dump Site Lily Lake Parking Lot Seeder & Seed Lift Station Improvements & Upgrades HPC Awards Electricity & Natural Gas TOTAL Page 3 29.99 745.50 511.20 5.61 425.00 295.67 293.00 1,595.92 1,072.68 49.94 63.00 145.00 701.20 22.18 336.50 778.09 41,135.83 354.54 26,611.41 625,539.29 LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2008-64 Ace Hardware Action Rental, Inc. ALS Technologies, Inc. Amdahl, Chris Locksmith Anthem Sports, LLC APWA Aspen Mills AT&T Avenet, LLC Big Ink Inc. Board of Water Commissioner Bonestroo Boyer Ford Trucks Brock White Co. LLC Buberl Black Dirt, Inc. Burand, Inc. Carquest Auto Parts COW Government, Inc. Champlain Planning Press, Inc. Chemsearch Cintas Corporation #754 Cities Digital Solutions City of St. Paul Clark, Luann Cole Papers Creative Product Sourcing, Inc. - DARE CSWEA Dell Marketing L.P. Denny Hecker Auto Connection Elite Sportswear Emergency Automotive Tech Enterprise Products Operating Fields, Bernice Force America G & K Services Galls General Security Services Corp Glaser, Stuart Gopher State One Call, Inc. Hansen Steve Heritage Printing, Inc. Ice Skating Institute International Code Council, Inc Equipment Repair Supplies Liquid Propane Ballistic Breaching Class Fine Box Keys/Service Call & Repairs Yellow Poly Fence Cap & Ties Manual Uniforms Telephone Website Hosting Dasher Ads Repair Clamp for Sewer Main Repair Stillwater Downtown Framework/Levee Wall Equipment Repair Supplies Detack Black Dirt Lift Station Repair Supplies Equipment Repair Supplies Minor Computer Equipment 1 YR Subscription Brake Job Cleaner Uniform Shirt Laserfiche Annual Support and Updates Asphalt Cleaning At Public Works/City Hall Janitorial Supplies DARE Supplies Conference Registration Fee Deluxe Backpack for Lap Top Vehicle Repair Charges Fleece Jacket for Resale/Rec Center Service Labor Propane Docketing Fee/Arbitrator Capital Outlay Machinery & Equipment Uniform Cleaning/Mats/Towels Uniform Supplies Alarm Monitoring Services Reimburse for parking fees April 2008 Billable Tickets Tuition Reimbursement Printing of Brochures/Rec Center & News Letter Administrative Membership Dues 2008 2008 Associate Member Dues 306.61 157.62 50.00 198.00 297.73 130.00 196.80 136.46 924.00 574.04 217.68 58,360.57 52.85 268.38 115.02 1,394.47 822.64 1,084.14 140.00 293.56 43.04 7,818.00 815.36 1,152.50 234.35 96.50 150.00 53.67 227.45 40.87 140.00 16,435.00 100.00 16,999.68 3,033.89 270.72 71.22 28.00 379.90 1,860.00 6,682.37 350.00 35.00 EXHIBIT" A" TO RESOLUTION #2008-64 J. Gardner & Associates, LLC Johnny's TV Johnson Controls Karnuth, Bryan Loffler Companies, Inc. LSA Design, Inc. Mac Queen Equipment Inc. Magler, Jeff Magnuson Law Firm Menards Meredith, Nathan Metropolitan Council MN Ice Arena Managers MN Office Of Enterprise Technologies MN State Fire Marshall Div Needels Supply, Inc. NEOPOST New Horizons Computer Office Depot Office Max Onvoy Pogge, Michel Polar Chevrolet & Mazda Postmaster Professional Wireless Communications Quill Corporation R & R Specialties, Inc. Rick's 36 Automotive Service St. Cloud Technical College St. Joseph Equipment Stillwater Courier Newspaper Stillwater Equipment Co Streicher's Stripe A Lot Summit Fire Protection Sun Newspapers T.A. Schifsky & Sons, Inc. Tech Sales Co. Tee's Plus The 106 Group, Ltd. Thul Specialty Contracting, Inc. Toll Gas & Welding Supply Twin City Seed Company Washington County Recorder West Payment Center Yocum Oil Company Zee Medical Service Custom Tattoo's Repaired Power Surger for City Hall Boiler Repairs/Thermostat Repairs Reimburse for Mileage/Conference C/O LAN Switches & Quarterly Copier Maint. Stillwater Parking Ramp C/O Snow Blower Reimburse for Uniforms/Health Fair Supplies Professional Services through 05-10-08 Equipment Repair Supplies Reimburse Meals at Conference May 2008 Wastewater Charge Annual Survey Even Year April 2008 Wide Area Network Usage 2007 MN Code Update Class Equipment Repair Supplies Maintenance Agreement Office 2007 Training Office Supplies Office Supplies Monthly Telephone Reimburse for a Padlock Replacement of Damaged Vehicle/Burnt First-Class Presort Permit #206 Guardian Monthly Svc, Cell Antenna, Beac Office Supplies Ice Paint Vehicle Repairs Training & Education C/O Loader, Plow & Wing Subscription (2) Rechargeable Flashlights, Car Door Openers C/O Less Lethal Gear City Crosswalk Striping Annual Fire Sprinkler Inspection Publications Asphalt General Supplies D.A.R.E. Clear Red Bike Bottles Stillwater Public Education Program Catch Basin Repair at Myrtle Street General Supplies Fertilizer Recording Quinlan Zoning Bulleting Sub Fuel Medical Kit Supplies Page 2 172.00 275.00 802.30 155.79 19,284.14 11,180.86 112,834.26 235.16 8,098.33 477.18 50.96 101,377.21 25.00 140.83 70.00 163.95 606.41 3,370.00 1,144.84 583.28 509.19 10.64 18,474.40 180.00 212.89 298.40 1,718.92 147.00 110.00 124,469.75 28.00 153.47 588.70 5,150.00 325.00 293.65 1,121.12 287.55 30.50 759.75 1,820.00 26.61 410.03 671.00 168.00 8,514.45 99.48 STAFF REQUEST ITEM I Department: Parks I Date: May 15, 2008 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase two city standard trash receptacles for McKusick Lake Trail FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The cost to purchase the trash receptacles would be $1,600. To be paid out of park capital outlay trail improvement fund.. ADDITIONAL INFORMATION ATTACHED Yes No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. I Submitted by: ~ I Date: 5'"- l t; - 0 ~ Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)196-9519 Fu:(651)Z97-5259 'ITY (651)181-6555 . APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE UQUOR LICENSE ~s. ADDRESS ORGANIZATION '8 NAME ADDRESS Localion where license will be used. If an outdoor area, describe ~\ ~ to\- o~ c.h l'-^c.R.- ~-tP~ o.-boife..- I Wdllbe appIieanl 00IIInIct for inIo~~ liquor services? If so. give Ibe IllUDe aDd addR:ss of. die liquor Iiceaee providing die semoe. . &fo Wdllhe appIic:ant carry 1iqllOl' liability iDsunmce? If so. die carrier's name and amount of coverage. (NOTE: Insuraoce is ROt ~~.) APPROVAL , AfIIUCA'I'IONMIJS'l'_AI'I'IlOVEDa aTYOR aKJN1Y~Sl.....-nNG TO.u.ooBOLaGAMIIUNG ENJiORCDIENT CITYICOUN'IY City of StiIwater DAlE APPROVFD CITY FEE AMOUNT $25.00 UCENSE DA.TFS D ~ PAID API'ROVED Alc0hoI &: GImbliIIz ~ Dim:Ior Nate; Dellllt........ GIlle... pB1s,........ pIIIts to...... __aM .............1t.J dIis ~ ..he...... __ ~..... todledly -c-.r:,... leal 38 daJslIefere IbeCWIIL ~(fI Receipt Number Check No. Amount Paid: Fee: $100.00 APPLICA TION FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL Name of APPlicant1 \,Oi (\ Ci:n~ ~ J M1c. Home AddressJIDO 6:. Cli:ff!i.nad ; Z 'B 'U ffJf Name of Business ~ ~ ~ - . ~ BusinessAddressJ156 S~ Grrr~ S:W, . Corporate Address (if different than business address)~6. Cliff ~ :i z ~JIlc. Telephone (Business): _L61'" Lf31'" 62lY Home Phone Cffll.(,C//-€q30 Beginning Date of Sale: End Date of Sale: Location of Display Sa..., ~ REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to sca dimensions included. Hours of Operation: Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONL Y The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: Date: fhe sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to he following conditions if any: ')ianature of Police Chief: n...+.... The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the foJ/owing conditions if any: Signature of City Cleric: Approval Date of Stillwater City Council: Permit No.: Date: m_-lT ." . fA}. _D~ ...... ..,.. l) S~ .. '. "~ . ~~.. ...,.,............."... - "~ .~ , ~ --............ "~'~. 2ZJQ~g J.CJ -~~- ?iJ -7t-~flO ..~. ~'. . ..'~'- u...~ ,. I ~ 4..u \r#.... I...h. .II.......~ . .' \j . c 3 .~ j--~......~. \7s~ 00 00 '-7i,,- <&8 ~~. . ~o '1-,) "N /%, .~ S/j?# \-u ~- '>... ~ .~. ~ ~.:.'~~.' ~ .<)~ CJ\ \) 19 - ~~ eJ~> rnJ. ..- -1'1 H ..u~ _. .~ \ ..~ t:: ~ '" .' ~.Jj _........_. :;..".~-..... .~ } \0' t I 5'~rl C?/"/sd.9d ~m "2$'~' _~u.._~~ .~. .::c... -. f}-... ""<.. ~ It r ~'.. ~ . ~ ~ ~ ~ -~ ~.. ~. (\':. 'jS --~. (). _u_.~ ~ \'- f .~ . a.. .~ -.'i1\- .~~"'^ ~~'~V;J u c: +-I V) Q) $ Q) ~~ >~ +-ILn 'Vi Ln 0 "-Zll/") ,~~ ~ t: .....' ~ =>.J~ "ro~ tDD..~ II/")+JLn NVltD 'QI) c: .... :J .J:2 Ilo. .... II) Cl - CI) en ... CI) n. 1:8 0)' ._ 0'> (1)Ln 3: c; - o I- "o"o~o~ tDLn~o~q~ ..nNlI/")ciN~CD ~~"~O'>N - U ::J "C e Q, .c ULn"~NO~Ln ca"o::::tq~Ln~" (1)~ci "';"II/")N ""'~ ~ ~ N o - .c .~ CI) 3: - CI) en - CI) E ca ... C)oo~ C:~OtD .- 0'> 0 " 1:tDlI/")~ .~ CI) 3: ca - o I- Vl OOOOONDl N~OOtD~.....I LnLn~O'><>>Ln NOONII/")MOO " - CI) CI) ... 8.~ 5 CI) ELnO"OLnLnN II/")LnO'>II/")II/")~O'> l!"NlI/")tD~LnO'> C)~ N V) NN~~o::::t~E ~~ ~ <.:> c: o .. Q, .~ ~ ~ ,2.1 (1)"-Q),,- CQ)Oro EI:::lV)~ (1)ro'C ~o'S2<c .~ ~ Q) ~ +-I ,~ t: ~ ,,-0),,- Q) t: Q) E'S2EID OQ)ON o ~ O.!:::! Dl.....DlVl c. => ~ Stillwater Public Library 224 N. Third St. Stillwater MN 55082 651.275.4338 www.still waterlibrary .org 141uwo To: Mayor and City Council From: Lynne Bertalmio Re: 2008 Capital Budget Release 3 May 15,2008 At its meeting on April 8,2008, the Board of Trustees passed a motion requesting the release of the following items from our approved 2008 capital budget: Children's Program Equipment $4,000 Children's Homework Center 7,000 Building Monitoring Equipment 2,000 Trash room roof 15,000 STAFF REQUEST ITEM I Department: ADMINISTRATION I Date: May 15, 2008 DESCRIPTION OF REQUEST (Briefly outline what the request is) Install two microphone extensions to the council chambers staff table and cabling to AV room. This request is to enhance the broadcast of the Planning Commission meetings because there are not enough microphones for the members. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) This item will be paid for out of the Plant/City Hall budget ADDITIONAL INFORMATION ATTACHED Yes _X_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Date: May 15, 2008 Diane Ward, City Clerk 'rinted: 04/28/2008 10:01 :51 AM ;tore: 1 Sales Order #1262 Ordered: 04/28/2008 Associate: DaveF azendin Page 1 Johnnys TV Inc. 242 Main Street North Stillwater, Minnesota 55082 Phone 651-439-5965 Bill To: STILLWATER CITY HALL 216 N 4TH STREET STILLWATER, MINNESOTA 55082 >JSTRUCTIONS: INSTALL 2 MICROPHONE EXTENSIONS TO PLANNING COMMISSION DESK ATTN DIANE WARD )rder Status: Open lescription 1 Description 2 ,TLAS MIC STAND MS10CE 'ARTS MISC (OUTSIDE INSTALL)XLR CONNECTORS ABOR INSTALL 'ARTS MISC (OUTSIDE INSTALL) Attribute Size Order Sold Due Price Ext Price Tax 1 0 1 $39.99 $39.99 1 0 1 $40.00 $40.00 T 1 0 1 $275.00 $275.00 T 80 0 80 $0.50 $40.00 T Total Qty Ordered: 83 0 83 'ercent Unfilled: 100 Subtotal: TAXES 6.5 % Tax: TOTAL: Deposit Balance: Balance Due: $394.99 + $23.08 $418.07 $0.00 $418.07 Thank you for your order! RESOLUTION 2008-65 APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL GAMBLING FOR STILLWATER ELKS #179., LOCATED AT MAD CAPPER, 224 MAIN STREET S., STILLWATER, MN WHEREAS, Stillwater Elks #179. has submitted applications to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at Mad Capper, 224 Main Street S., Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approve of the local gambling license located at the Mad Capper, 224 Main Street S., Stillwater, MN. The City Clerk is directed to attach a copy of this resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 20th day of May, 2008. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk -- Minnesota Lawful Gambling 8/05 Page 1 of 2 Daytime phone ~,~I O( <-1,31-.52 110 '. Zip D~me phone , ~--" ~S(/ ~2 436-071 0 i Zip Daytime phone LG215 Lease for Lawful Gambling Activity g7;::~L")J EL ~ '#1 ry r urensenum~1 os- ~ Name ofleased premises i Street address City i State (\'lAd C;It(JP(;:-1L [22.H 3. /Y}AIA.) 51,1J.U3Ji1r.(~ I MN Name of legal owner of premises i Business/street address City jc:tfav ChILs;o~ i S~E Name of I~or Of same as legal i Business/street address owner, write In "SAME") , <Ptn1t i State City i State i i ! Zip Daytime phone Check all activities that will be conducted: Mull-tabs _Pull-tabs with dispensing device _l1pboards _Paddlewheel _Paddlewheel with table _Bingo _Bar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r------------------------------------. Does your organization OR any other organization conduct gambling . from a booth operation at this location? _ Yes _ No L____________________________________~ If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pUll-tab dispensing device - Bar operation with pUll-tab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 In total per month for all organizations at this premises. Complete one option: Option A: 0 to 10% of the gross profits per month. Percentage to be paid % The maximum rent allowed may not exceed $2,500 In total per month for all organizations at this premises. Complete one option: Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month may ~paid on ttle first $4,000 of gross profit. Amount to be paid $ 0 o,a O. Pius 0% to 10% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid I () % . Option C: $0 to $200 per month may be paid on the first $1,000 of gross profits. Amount to be paid $ . Plus 0% to 20% of the gross profits may be paid per month on gross profits over $1,000. Percentage to be paid % Bingo Rent Option D: Oto 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, exdudlng bar bingo. Percentage to be paid % Option E: A rate based on a cost per square foot not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid $ per square foot. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. Bar Bingo Rent _ Option F: No rent may be paid for bingo conducted in a bar. r------------. I For any new bingo activity not previously I Included in a Premises Permit Application, I attach a separate sheet of paper listing the I days and hours that bingo will be conducted. L____________.J Amended Lease Only If this is an amended lease showing changes occurring during the term of the current premises pennlt, both parties that signed the lease must initial and date all changes. Changes must be submitted to the Gambling Control Board at least 10 days prior to the change. Write In the date that the changes will be effective -1-1_. Lessor Date Organization Date I> LG215 Lease for Lawful Gambling Activity 8/05 Page 2 of 2 Lease Tenn - The term of this lease agreement will be COOOJrrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited - The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited - The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. Illegal Gambling · The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for Illegal gambling violations in Minnesota Rules 7861.0050, SUbpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises and that the lessor or its employees partidpated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without the payment of rent during the time period determined by the Board for violations of this provision. . To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not" being used, and are not capable of being used, In a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, SUbpart 3. . Notwithstanding Minnesota Rules 7861.0050, SUbpart 3, an organization must oontinue making rent payments, pursuant to the terms of the lease, if the organization or Its agents are found to be solely responsible for any Illegal gambling oonductecl at that site that is prohibited by Minnesota Rules 7861.0050, Subpart 1, or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. . The lessor shall not modify or terminate the lease In whole or in part because the organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling activity in which the organization did not partidpate. Other Prohibitions . The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling-related equipment and services or In the use of net profits for lawful purposes. . The lessor, person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. If there Is a dispute as to whether a violation of this provision occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the eRG. . The lessor shall not rnocIify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed in this lease. Access to pennitted premises - The Board and its agents, the oommlssioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records - The lessor shall maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. Rent all-lndusive - Amounts paid as rent by the organization to the lessor are all-indusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, Induding but not limited to trash removal, janitorial and deaning services, snow removal, lawn services, electridty, heat, seaJrity, seOJrity monitoring, storage, other utilities or services, and In the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. I affirm that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. If a renegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership. List or attach other terms or conditions (must be approved by director of Gambling Control Board) Questions on this form should be directed to the Ucensing Section of the Gambling Control Board (Board) at 651-639-4000. This publication will be made available in altemative format (i.e. large print, Braille) upon request. If you use a TIY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules goveming lawful gambling activities. RESOLUTION 2008-66 APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL GAMBLING FOR STILLWATER ELKS #179, LOCATED AT 1905 GREELEY STREET S., STILLWATER, MN WHEREAS, Stillwater Elks #179. has submitted applications to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at 1905 Greeley Street S., Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approve of the local gambling license located at 1905 Greeley Street S., Stillwater, MN. The City Clerk is directed to attach a copy of this resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 20th day of May, 2008. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk rf- Minnesota Lawful Gambling LG215 Lease for Lawful Gamblina Activity Organization name ~hJJ w..~}L fLk:s# J 7 '( Name of leased premises ! lst,U",~~X Eltc;. # n;1 Name of legal owner of premises I Street address City Ucense number C I O!:.J----;r i State IMN i 8/05 Page 1 of2 Daytime phone ~Sl 43<j - 627(" Daytime phone Zip Business/street address City ! State Zip Daytime phone Name of lessor (if same as legal i owner, write In "SAME") i ! Business/street address City ! State Zip i Daytime phone Cljeck all activities that will be conductecj: L..PuIl-tabs _Pull-tabs with dispensing device ..0ipboards _Paddlewheel _Paddlewheel with table _Bingo _Bar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate endosure premises by an employee of the lessor from a common area where that Is distinct from areas where food and beverages are sold. food and beverages are also sold. r------------------------------------, Does your organization OR any other organization conduct gambling from a booth operation at this location? _ Yes _ No L____________________________________~ If you answered yes to the Question above, rent limits are If you answered no to the Question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total per month for all organizations at this premises. Complete one option: Option A: 0 to 10% of the gross profits per month. Percentage to be paid % The maximum rent allowed may not exceed $2,500 In total per month for all organizations at this premises. Complete one option: Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month may be paid on the first $4,000 of gross profit. Amount to be paid $ . Plus 0% to 10% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % Option C: $0 to $200 per month may be paid on the first $1,000 of gross profits. Amount to be paid $ . Plus 0% to 20% of the gross profits may be paid per month on gross profits over $1,000. Percentage to be paid % Bingo Rent Option D: 0 to 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, exduding barbingo. Percentage to be paid % Bar Bingo Rent _ Option F: No rent may be paid for bingo conducted in a bar. Option E: A rate based on a cost per SQuare foot not to exceed 110% of a comparable cost per SQuare foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid $ per SQuare foot. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. r------------, I For any new bingo activity not previously I included in aPremises Permit Application, I attach a separate sheet of paper listing the I days and hours that bingo will be conducted. L____________~ Amended Lease Only If this is an amended lease showing changes occurring during the term of the current premises permit, both parties that signed the lease must Initial and date all changes. Olanges must be submittecl to the Gambling Control Board at least 10 days prior to the change. Write in the date that the cha!lges will be effective ---1----1_. Lessor Date Organization Date '" LG215 Lease for Lawful Gambling Activity Lease Tenn -The tenn of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited - The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited -The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. Illegal Gambling · The lessor is aware of the prohibition against illegal gambling In Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, SUbpart 3. In addition, the Board may authorize the organization to withhold rent for a perlod of up to 90 days If the Board determines that illegal gambling occurred on the premises and that the lessor or its employees partidpated In the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without the payment of rent during the time period detennlned by the Board for violations of this provision. · To the best of the Iessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not. being used, and are not capable of being used, In a manner that violates the prohibitions against illegal gambling In Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, SUbpart 3. · Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or Its agents are found to be solely responsible for any illegal gambling mnducted at that site that is prohibited by Minnesota Rules 7861.0050; Subpart 1, or Minnesota Statutes 609.75, unless the organization's agents responsible for the Illegal gambling activity are also agents or employees of the lessor. · The lessor shall not modify or tennlnate the lease In whole or in part because the organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling actMty in which the organization did not partidpate. 8/05 Page 2 of 2 Other Prohibitions · The lessor will not Impose restrictions on the organization with respect to providers (distributors) of gambling-related equipment and services or In the use of net profits for lawful purposes. · The lessor, person residing In the same household as the lessor, the lessor's Immediate family, and any agents or employees of the lessor will not require the organization to perfonn any action that would violate statute or rule. If there is a dispute as to whether a violation of this provision occurred, the lease will remain In effect pending a final detennination by the Compliance Review Group (eRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. · The lessor shall not modify or tenninate this lease in whole or in part due to the lessor's violation of the provisions listed in this lease. Access to pennittecl premises - The Board and Its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. The organization has aa:ess to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records -The lessor shall maintain a record of all money received from the organization, and make the record available to the Board and Its agents, and the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. Rent all-induslve - Amounts paid as rent by the organization to the lessor are all-indusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, Including but not limited to trash removal, janitorial and cleaning services, snow removal, lawn services, elecbidty, heat, seaJrity, seaJrity monitoring, storage, other utilities or services, and In the case of bar operations, cash shortages. Any other expenditures made by an organization that Is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. I affinn that the lease infonnation Is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. If a renegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership. List or attach other terms or conditions (must be approved by director of Gambling Control Board) DC --a 7 - oR" Date Questions on this form should be directed to the Ucenslng Section .of the Gambling Control Board (Board) at 651-639-4000. this publicati will be made available in alternative fonnat (i.e. large print, Braille) upon request. If you use a TTY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The Information requested on this form will become public Information when received by the Board, and will be used to detennine your compliance with Minnesota statutes and rules governing lawful gambling activities. RESOLUTION 2008-67 APPROVING MINNESOTA HISTORICAL SOCIETY CERTIFIED GOVERNMENT GRANT AGREEMENT BE IT RESOLVED by the City Council of Stillwater, MN that the Minnesota Historical Society Certified Local Government Grant Agreement between the City of Stillwater and the Minnesota Historical Society, as on file with the City Clerk is hereby approved and that the Mayor and City Clerk are authorized to execute the agreement on behalf of the City of Stillwater. Adopted by the Stillwater City Council this 20th day of May 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk " MINNESOTA HISTORICAL SOCIETY CERTIFIED LOCAL GOVERNMENT GRANT AGREEMENT ACCOUNT NUMBER 0284 FISCAL YEAR 2008 OBJECT CODE 5720 FEDERAL PROJECT NUMBER 27-08-21728.010 DOLLAR AMOUNT $7,000 HPF grant funds $9,952 applicant match This Agreement is made by and between the Minnesota Historical Society hereinafter called the Society), and the City of Stillwater (hereinafter called the City), pursuant to authority granted by the National Historic Preservation Act of 1966, as amended. WHEREAS, pursuant to the Act, the Society has been allocated funds by the United States Department of the Interior for use by Certified Local Governments for qualifying historic preservation activities; and WHEREAS, the City has applied for and been granted Certified Local Government Status and has made application for Certified Local Government funds to be utilized in carrying out the project described in Attachment A of this Agreement, NOW, THEREFORE, in consideration of and in reliance upon the mutual covenants and agreements contained herein, the parties hereto do covenant and agree, each for themselves and their respective successors and assigns, to carry out the project under the following provisions. 1. PROJECT DESCRIPTION A. The Project Time Period, Work Summary, Photograph Guidelines (where applicable), Consultations and Progress Reports, Final Products, Project Director's Report, Project Budget, and Reimbursement Schedule are described in the Project Description, Attachment A, which is attached hereto and made a part hereof. B. The City agrees the project will be carried out as described in the Project Description, unless modified pursuant to the provisions of Section V of this contract. C. The Society will reimburse the City for the budget costs identified as Historic Preservation Fund (HPF) federal dollars in the Project Description, following submittal of materials as described in Section III of this Agreement. Final products which do not conform to the terms and conditions of this Agreement or which do not meet the applicable Secretary of the Interior's Standards will not be reimbursed. , . eLG Grant Agreement II. ASSURANCES A. The City assures that all work carried out on this project will conform to the Secretary ofthe Interior's Standards for Archaeology and Historic Preservation (as published in the Federal Register of September 29, 1983) and that the project personnel meet the Secretary of the Interior's Professional Qualifications Standards (as published in the Federal Register of September 29, 1983) as stipulated in the Project Description. B. The City assures that this project will be administered and conducted in accordance with the following: 1.0MB Circular A-87 "Cost Principles Applicable to Grants and Contracts with State and Local Government" and OMB Circular A-I 02 (revised) "Uniform Requirements for Assistance to State and Local Governments." 2. Department ofthe Interior regulations 43 CFR Part 12, Subpart C - "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." a. In addition to the requirements ofthese regulations the City will allow a minimum of two weeks between the date bid solicitations are published and the date bidders must respond; and allow eighteen calendar days be- tween the date invitations are mailed to potential bidders and the date bidders must respond. 3. Public Law 101-517, Title V, Section 511, states: When issuing statements, . press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not limited to State and local governments, shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount ofthe total costs of the project or program that will be furnished by nongovernmental sources. 4. The "Single Audit Act of 1984." 5. Historic Preservation Fund (HPF) Grants Manual (previously known as National Register Programs Guideline NPS-49). C. The City acknowledges that'this project is being supported, in part, with funds from the United States Department of the Interior. As a condition of receiving such funds, the City assures compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. Page 2 , . eLG Grant Agreement The City also agrees as follows: In the hiring of common or skilled labor for the performance of any work hereunder, no contractor, material supplier or vendor shall, by reason of race, creed or color, discriminate against any person or persons who are citizens of the United States, or resident aliens, who are qualified and available to perform the work to which the employment relates. No contractor, material supplier or vendor shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in the preceding paragraph, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color. The violation of this section is a misdemeanor pursuant to Minnesota Statutes. This Agreement may be canceled or terminated by the Society, and all money due, or to become due hereunder may be forfeited for a second or any subsequent violation of the terms of this section. D. The City will indemnify and save and hold the Society and the Department of the Interior harmless from any and all claims or causes of action arising from the performance of this project by the City. E. The City agrees to make repayment of grant funds to the Society if terms and conditions of this Agreement are not followed or costs claimed are subsequently disallowed. F. The City, in accordance with provisions of 18 USC 1913 regarding lobbying, assures that no part of grant budget will be used directly or indirectly or to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device intended or designed to influence in any manner a member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation. This shall not prevent communicating to members of Congress on the request of any member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. G. The City agrees any publications, studies, reports, presentations, films, audio visual materials, exhibits, or other material prepared with grant assistance will contain an acknowledgment of HPF grant funds and nondiscrimination policy as follows: "The activity that is the subject of this (type of publication) has been financed (in part/entirely) with Federal funds from the National Park Service, U. S. Page 3 eLG Grant Agreement Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. "This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U. S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, or disability in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, U. S. Department of the Interior, National Park Service, 1849 CSt., NW, Washington, D.C. 20240." H. The City assures that transferred federal monies will not be applied as part of the matching (applicant) share, and that monies used as match on other federal grants will not be used as matching (applicant) share on this project. I. The City agrees not to contract with any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, Debarment and Suspension. Current lists of such parties are on file in the Society's Grants Office and are available for review by the City. As a condition of this Agreement, the City shall complete and execute the attached Certification Regarding Debarment, Suspension, and other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying (see page 7-9). III. REIMBURSEMENT PROCEDURES A. Payments under this Agreement will be made on a reimbursable basis according to the schedule included in the Project Description (see Attachment A). All supporting fiscal documentation must be submitted prior to reimbursement. B. A Request for Reimbursement must include the following: 1 Request for Reimbursement Form (see Attachment B). 2. Supporting fiscal documentation for all project costs during the period covered by the request, including both federally funded items and applicant match items. (See Attachment C for Information on Allowable Costs.) 3. If project work begins prior to September 30, and the City wishes to claim these costs, a Request for Reimbursement must be submitted at the end of the federal fiscal year. Applicant match must be equal to, or may exceed, the federal funds requested as of September 30 (also see Reimbursement Schedule of Attachment A). Page 4 eLG Grant Agreement 4. Final Product(s) and the Project Director's Report are to be submitted with the Final Request for Reimbursement Form (see Attachment A). C. The Request for Reimbursement Forms should be submitted to Mandy Skypala, Minnesota Historical Society, Grants Office, 345 Kellogg Boulevard West, Saint Paul, Minnesota 55102-1906. D. When both the financial documentation and the product documentation has been found to be acceptable by the Society, funds will be requested from the Department of the Interior and will be forwarded to the City when the funds have been received by the Society. IV. AUDIT The City must submit a copy of all audited financial statements completed pursuant to OMB Circular A-128 for all fiscal years which include the project period. These must be submitted to Monica Zarembski, Minnesota Historical Society, Finance Office, 345 Kellogg Boulevard West, Saint Paul, Minnesota 55102-1906, within 120 days of their completion. V. AMENDMENTS AND CANCELLATION A. Amendments 1. Any significant variations from the approved work summary, products, budget, and performance/reporting milestones described in Attachment A which are experienced or anticipated during the course of the project and any significant problems, delays, or adverse conditions which materially affect planned performance should be submitted in writing to Mandy Skypala, Minnesota Historical Society, Grants Office, 345 Kellogg Boulevard West, Saint Paul, Minnesota, 55102-1906. The Society will respond in writing, either approving or not approving the changes, and may amend the contract if deemed necessary. The City is aware that some changes may require approval by the Nationa~ Park Service and agrees to submit any necessary changes as early as possible during the project period. Variations which are not known until the conclusion of the project may be submitted with the final Request for Reimbursement; however, the City understands that costs may be disallowed if changes are not approved. 2. If any part of the budgeted federal grant funds will not be used, the City must notify the Society at least sixty (60) days before the project's ending date. Failure of the City to notify the Society may result in the loss of federal funds to the state, and may have an adverse effect on future applications for CLG funds by the City. B. Cancellation. The Society reserves the right of termination for cause on a thirty (30) day notice should it be determined that the City has failed to materially comply with the terms and conditions of this Agreement. This Agreement may Page 5 eLG Grant Agreement also be terminated when both parties agree that the project will not produce beneficial results commensurate with further expenditure of funds or because of circumstances beyond the control of the Society and/or the City. In the event of termination, the City may be reimbursed for eligible expenses incurred prior to termination or by a negotiated settlement. Once this Agreement is signed, it controls all activities during the project time period. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date(s) indicated below intending to be bound thereby. Minnesota Historical Society 345 Kellogg Boulevard West Saint Paul, Minnesota 55102 City of Stillwater 216 N. Fourth Street Stillwater, MN 55082 Nina M. Archabal, Director and State Historic Preservation Officer (date) signature (authorized official) (date) (print name) Britta L. Bloomberg (date) (signature-City Clerk or City Manager) (date) Deputy State Historic Preservation Officer (print name) Kathryn Ludwig Contracting Officer (date) (signature- HPC Chairperson) (date) (print name) Page 6 u.s. Department of the Interior Certifications Regarding Debarment, Suspension, and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions - (See Appendix B of Subpart D of 43 CPR Part 12) Certification Regarding Debannent, Suspension, and Other Responsibility Matters - Primary Covered Transactions - [The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used; use this form for certification and sign; or use Department of the Interior Form 1954 (DI- 1954). See Appendix A of Subpart D of 43 CPR 12. Certification Regarding Drug-Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and Alternate II. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of the Interior determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Re2ardin2 Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions CHECK _ IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE. (I) The prospective primary recipient certifies to the best of its knowledge and belief, that it and its principals: (a) Me not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Me not presently indicted for or othelWise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART B: Certification Re2ardin2 Debarment, Suspension, Ineli2ibility and Voluntary Exclusion - Lower Tier Transactions CHECK ---1L IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 7 PART C: Certification Rejtarding Drug-Free Workplace Requirements CHECK.x.. IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will provide or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a): (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will-- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted-- (I) Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. PART D: Certification Regarding Drug-Free Workplace Requirements CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. Page 8 Part E: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative A2reements CHECK _ IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS $100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT; SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT. CHECK _ IF CERTIFICATION IS FOR THE AWARD OF A FEDERAL LOAN EXCEEDING THE AMOUNT OF $150,000, OR A SUBGRANT OR SUBCONTRACT EXCEEDING $100,000 UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection wnh the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the authorized certifying official, 1 hereby certify that the above-specified certifications are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TYPED NAME AND TITLE DATE SIGNED (This consolidated form may be used in place of the DI-1953, DI-1954, DI-1955, DI-1956, and DI-1963 forms.) Page 9 Attachment A : City of Stillwater Federal Grant No: 27-08-21728.010 PROJECT DESCRIPTION City (CLG): City of Stillwater Federal Grant No: 27-08-21728.010 Grant Time Period: July 1, 2008 to July 31, 2009 Work Summary: This is the second phase of a project to develop and implement a Heirloom and Landmark Sites program. This project will consist of completing detailed inventories for up to 300 properties. The project will be accomplished under the supervision of personnel meeting the Secretary of the Interior's Professional Qualifications Standards. Consultations and Pro~ress Reports: I. The CITY will inform the SOCIETY of the name and qualifications of the historian, architectural historian, or historical architect, and web master with whom it has contracted within fifteen (1 'i) cI~y~ of the contract's execution. The CITY will at the same time provide the SOCIETY with a copy of the contract and a complete report of the procurement process demonstrating compliance with Federal competitive procurement requirements. (See II. ASSURANCES, Item B., CLG Grant Agreement, and Part IV of the 2008 CLG Grants Manual.) 2. The CITY will submit a brief Monthly Progress Report (See 2008 CLG Grants Manual- Attachment F.) to the SOCIETY'S Grants Office by the 15th of each month for the duration of the project period. Product submittals will accompany the monthly reports as specified below. 3. By December 2008, the CITY will submit a list of properties for which inventories will be collected to the SOCIETY'S Grants Office. 4. By January 2008, the CITY will submit a sample inventory to the SOCIETY'S Grants Office. 5. By May 2008, the CITY will provide SOCIETY'S Grants Office drafts ofthe detailed inventories to the SOCIETY'S Grants Office. 6. The SOCIETY may request other reports and on-site reviews of project progress. Final Products: The Final Products to be submitted with the Request for Reimbursement (see Part III of the CLG Grant Agreement), and the Project Director's Report (see below) to the SOCIETY'S Grants Office will consist two hard copies of the completed inventories, an electronic version of the inventories, and inventory forms for any previously uninventoried properties to be incorporated in the SHPO inventory files. Attachment A : City of Stillwater Federal Grant No: 27-08-21728.010 PrlljeL't nireetor'" Report: The Final Report will include a brief description of the administration of the project. Two copies of this report will be submitted to the SOCIETY with the Pinal Products and the Request for Reimbursement (see Part III of this CLG Grant Agreement). Prlljeet Rlldeet: GRANT RRrTPTRNT M A TrH TOTAL BUDGET ITEMS Cash In-Kind Other Consultant 7000 7500 14500 Project Director 60 hours @ $28.29/hr. 1697 1697 Digital photos by HPC Members 250 250 HPC Meeting 280 280 Photo copies/postage 225 225 TOTAL 7000 7500 1697 755 16952 Reimhllr"ement S~hedllle: The CITY will be reimbursed, in a total amount not to exceed $7000, for the actual amounts expended under the federal (HPF) portion ofthe budget. The CITY must submit a Request for Reimbursement Porm along with appropriate fiscal documentation, Pinal Products, and Project Director's Report to the SOCIETY'S Grants Office no later than September 30,2009. All project work must be completed no later than July 31, 2009. Attachment B Minnesota Historical Society Grants Office Request for Reimbursement for Federal HPF Grants Project: Federal Grant Number: City: MHS Contract Number: Address: Federal Grant Amount: Proiect Expenditure Classification: (use budget items from Attachment A of the Grant Agreement) Total Expenditures Federal Applicant Match TOTAL Supporting documentation for all costs claimed in this request must be attached. Each supporting document should be labeled with the appropriate Project Expenditure Classification. I certify that this request for Reimbursement represents actual project expenditures carried out within the period of the project. Date: Signature: Print name and title: Telephone: Attachment C SUPPLEMENTAL INFORMATION ON ALLOWABLE COSTS All costs for this project must be in conformance with OMB Circular A-87 and A-I 02 (revised) and the National Register Programs Guidelines NPS-49. The following points provide supplementary guidance and emphasis for areas where questions or problems may arise. I. The project budget is divided into those costs to be reimbursed by Historic Preservation Funds (HPF federal dollars) and those costs which are covered by the City (applicant match). All costs--both HPF federal dollars and the applicant match--must be adequately documented on a Request for Reimbursement Form. The applicant match portion must total, at a minimum, an amount equal to the federal portion. 2 . All costs must be in payment of an obligation incurred during the grant time period. 3. All costs must represent expenditures which are necessary for the accomplishment of approved grant objectives. 4 . Transferred federal monies cannot be applied as matching applicant share; monies used as match on other federal grants may not be used as matching share on this project. 5. Specific cost categories: A. Personnel (1) Proiect Specific Personnel are hired as regular employees specifically for the grant project. Eligible costs may include salary expenses as well as other project related expenses incurred for the benefit ofthe project specific personnel. These costs may be charged to the federal portion and/or to the applicant portion of the project budget. Costs included on a Request for Reimbursement Form must be supported with copies of time sheets showing the employee's name, dates and hours worked, dollar amount, description of work performed, employee's signature, and the signature of the employee's supervisor. Either the City's time sheets with the above information or MHS time sheets (see Attachment D) are acceptable. (2) In-Kind Services (force account personnel) are regular employees of the City who spend all or part of their time on the grant project. Eligible costs include the actual salary of the employee including fringe benefits. (The employee must be working in the same skill for which he/she is normally paid, otherwise, only minimum wage can be used.) These costs may ber 11 charged to the federal portion and/or to the applicant portion of the project budget. Costs included on a Request for Reimbursement Form must be supported with copies of time sheets containing information described under 5.A.(1) above as well as documentation supporting the claimed wage rate(s). (3) Donated Services (volunteer personnel) contribute time to the grant project. If a volunteer is performing tasks within his/her normal trade or profession, the value of the contribution is based on the volunteer's normal rate of pay or the rates listed below. (The Society will furnish rates for other areas upon request.) Benefits are not eligible. If the volunteer is performing tasks outside of his/her profession, only a $1 O/hour rate can be used. These contributions may be utilized only for the applicant portion of the budget. Costs included on a Request for Reimbursement Form must be supported by time sheets with information described under 5.A.(1) above. Rates for Volunteer Personnel Appraiser Archaeologist Architect Attorney Bookkeepevaccountant Graphic Arts Specialist Historian Librarian Planner Photographer Researcher Secretary Word Processing Operator Writer/editor $20.75 per hour $17.43 per hour $25.57 per hour $28.19 per hour $14.79 per hour $17.30 per hour $19.30 per hour $21.40 per hour $19.99 per hour $13.77 per hour $18.20 per hour $16.37 per hour $14.84 per hour $19.30 per hour Non-Specialized HPC Member rate $10.00 per hour B. Contractual Services are services necessary for the completion of the project which are contracted by the City. The City must follow the requirements ofOMB Circular A-I 02 (revised) regarding procurement standards in arranging for such services. Eligible costs may include the rates actually paid to the contractor. These costs may be charged to the state portion and/or to the applicant portion of the project budget. Costs included on a Request for Reimbursement Form must be supported by copies of invoices and copies of canceled checks. 12 C. Supplies and Materials (I) Donated supplies and materials are those taken out of City stock or . donated by third parties. The cost of these supplies and/or materials may be charged only to the applicant portion of the budget. Costs included on a Request for Reimbursement Form must be supported by a Value of Donated Supplies and Materials Form (see Attachment E) which must include a description of the materials and/or supplies, date of donation, fair market value, basis for the valuation (i.e., invoice price, price in retail outlet, etc.), and signature of verifying official. (2) Purchased supplies and materials are those items bought specifically for the project. The City must follow the requirements of OMB Circular A- 102 revised) in the purchase of supplies and materials. The cost of these supplies and/or materials may be charged to the federal portion and/or to the applicant portion of the budget. Costs included on a Request for Reimbursement Form must be supported by copies of invoices and copies of cancelled checks. D. Indirect Costs may be charged to the project only if the City has a current rate that has been approved by the City's cognizant federal agency and is currently in effect. These costs may be charged only to the applicant portion of the budget. Those costs must be included on page four of the City's CLG grant application. E. Mileage Costs may be charged to the project for necessary costs incurred excluding costs of mileage from place of residence of project personnel to the project site. Mileage paid for by the City may be charged to the federal portion and/or to the applicant portion of the budget; donated mileage may be charged only to the applicant portion. Costs included on a Request for Reimbursement Form must be supported with the following information: project personnel name, date of travel, purpose of travel, beginning and ending mileage, and rate claimed. Maximum rate allowable is $.445 per mile. 13 Attachment D Minnesota Historical Society Value of In-Kind and/or Donated Services Time Sheets City and Project Name Federal Grant Number Name of Person Contributing Services Type of Worked Performed (research, planning, secretarial, etc.) Hourly Rate - Based on: Volunteer personnel donating hislher time to a project may be credited with an agreed rate (See Attachment C of Grant Agreement) unless he/she is professionally skilled in the work he/she is performing on the project. When this is the case, the wage rate the individual is normally paid for performing hislher service may be credited to the project. If a higher rate than the published volunteer rate is used, additional documentation and verification is required. Please consult with the Grants Office before claiming the higher rate. Date Time of Work Total Hourly Value Start End Start End Hours Rate Hours x Rate Total Value of Donation Signature of Person Donating Time Date Supervisor Verifying Accuracy Date . . Attachment E Minnesota Historical Society Value of Donated Supplies and Materials City and Project Name Federal Grant Number Name and Address of Donor Description of Supplies and Donation Material Donated Date Fair Value Basis of Value Total Value of Donation Supervisor Verifying Accuracy Date . . Attachment F MINNESOTA HISTORICAL SOCIETY STATE HISTORIC PRESERVATION OFFICE Monthly Progress Report Form -- CLG Grants Grantee: Federal Project No. Report for the Month of: Contact: Daytime Telephone: 1. Describe month's progress toward accomplishing the goals of the project. Refer to ."consultations" and "final products" listed in Attachment A. 2. Is the project currently on schedule? If not, please explain why. 3. Describe any significant problems encountered this month which may impede the successful completion of the project. 4. Is the project on budget? Approximate costs incurred since the previous progress report (estimate only, including both federal and matching share). Prepared by: Signature: Date: MEMORANDUM To: Mayor and City Council 5th From: Shawn Sanders, Director of Public Works Date: May 15, 2008 Subject: TH36 Frontage Road Maintenance Agreement DISCUSSION: Staff has been working with Minnesota Department of Transportation (MNDOT) for possible improvements to the North Frontage Road along Trunk Highway (TH 36). Currently, maintenance responsibilities from Washington Avenue east to Osgood Avenueare under the jurisdiction of MNDOT. The section of road from Northwestern Avenue to Osgood is in bad shape and in need of some repair. MNDOT has proposed to do a two inch mill and overlay over this entire length, place aggregate shouldering and correct the ditch drainage in specified locations. In return, MNDOT is asking that the City take over snow and ice control maintenance. All other maintenance responsibilities would fall with MNDOT. In talking to the Public Works Superintendants, they thought that snowplowing the north frontage road would not cause much extra work on our crews. The frontage road is much out of the way and that snow plows are using the frontage road anyway to access city streets for plowing in the Industrial Park and east of Greeley Street. The overlay should last up until the time the St. Croix River Crossing Project. At that time, the frontage road from Northwestern to Osgood would be entirely reconstructed and the City would then be responsible for all maintenance. Attached is a prepared agreement spelling out the details including the work performed and future maintenance responsibilities. The agreement would be in effect for ten years, and after five years discussions would take place to evaluate the condition of the road, ongoing maintenance issues and maintenance planning. RECOMMENDATION It is recommended that approve the attached maintenance agreement between the City of Stillwater and the Minnesota Department of Transportation for snow and ice maintenance of the North Frontage Road along Trunk Highway 36 ~ . RESOLUTION 2008-68 APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT NO. 92835 BE IT RESOLVED by the City Council of Stillwater, MN that the maintenance agreement between the City of Stillwater and the Minnesota Department of Transportation, as on file with the City Clerk, are hereby approved and authorizes the Mayor and City Administration to enter into and sign said agreement. Adopted by the Stillwater City Council this 20th day of May, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MINNESOTA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT PREPARED BY METRO DISTRICT MAINTENANCE OPERATIONS Mn/DOT AGREEMENT NO. 92835 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF STILLWATER FOR Snow and Ice Maintenance of the North Frontage Road along Trunk Highway 36 located within and adjacent to the city limits of Stillwater upon the terms and conditions set forth in the Agreement. THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Stillwater, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". Mn/DOT Agreement No. 92835 WHEREAS, City has requested the State to improve the condition of 60th Street North (TH 36 north Frontage Road); and WHEREAS, State and City have Cooperative Agreement # 72040 defining maintenance responsibilities along the north Frontage Road and Curve Crest Boulevard from TH 5 to Washington Avenue; and WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes 161.20 and 471.59; and WHEREAS, pursuant to Minnesota Statutes 161.38, the parties desire to enter into an agreement relating to the maintenance of the TH 36 north Frontage Road upon the terms and conditions set forth in this Agreement; and WHEREAS, State and City entered into a Memorandum of Understanding (MOU) on November 3, 2006 for the St. Croix River Crossing Project which describes the roles and responsibilities for design, construction and maintenance of a number of areas, including the north frontage road. Page 8 of the MOU describes that following reconstruction of the north Frontage Road as part of the St. Croix River Crossing Project; the City will take on ownership and maintenance of the north Frontage Road; NOW, THEREFORE, THE PARTIES AGREE AS FOllOWS I. DUTIES OF CITY A. Upon State's completion of the mill and overlay on the TH 36 north Frontage Road (60th Street) as described in Section II, Paragraph A, City will provide for snow and ice maintenance of this roadway between Washington Avenue and Osgood Avenue as shown in Exhibit A which is hereby attached and incorporated into this agreement. B. City will provide the snow and ice maintenance on the roadway defined in Section I, Paragraph A in accordance with the standards and guidelines the City uses to routinely maintain its roadways. C. City will furnish all labor, equipment, materials, supplies, tools, and other items necessary for the maintenance activities provided by City under this Agreement. II. DUTIES OF STATE A. State will perform a 2" mill and overlay of the TH 36 north Frontage Road (60th Street) from approximately 1000 feet east of Washington Avenue to Osgood Avenue in 2008 at no cost to the City. State will also place aggregate shouldering following the overlay to improve the shoulders and drainage. B. State is responsible for maintenance (other than snow and ice maintenance) including extraordinary maintenance, betterments, construction, or reconstruction on the roadways described in Section I, Paragraph A. If State desires City to perform any such work, the parties must enter into a separate agreement therefore. C. Extraordinary maintenance, betterments, construction, or reconstruction will include, but not be limited to, overlay of roadway surface, milling and overlay of roadway surface, replacement of roadway, major roadway structural repairs, and major roadway washout repairs. 2 Mn/DOT Agreement No. 92835 III. CONSIDERATION City agrees to perform, at no expense to State, routine snow and ice maintenance duties herein in consideration of State's mill and overlay of the TH 36 north Frontage Road. The State agrees to perform the mill and overlay and specified maintenance in consideration of the City's performance of snow and ice maintenance. The parties acknowledge the receipt and sufficiency of such consideration. IV. TERM OF AGREEMENT This Agreement will be in effect for ten (10) years from the date of execution of this Agreement or until the north frontage road is reconstructed as part of the St. Croix River Crossing Project. The terms and conditions of the Stillwater & MnDOT MOU would then apply. After five (5) years, the City will initiate annual discussions with the state to evaluate the current condition of the frontage road, any ongoing maintenance issues, and maintenance planning for the frontage road for the remaining five (5) years of this agreement. A plan for ongoing maintenance will be discussed and an action plan formed and agreed upon. V. AUTHORIZED REPRESENTATIVE A. State's Authorized Representative for the purpose of administering this Agreement is Beverly Farraher, Assistant District Engineer - Maintenance, Minnesota Department of Transportation Metro District, 1500 West County Road B2, Roseville, Minnesota 55113, (651) 234-7901, or her successor. B. City's Authorized Representative for the purpose of administering this Agreement is Larry Hansen, City Administrator, City of Stillwater, 216 Fourth Street North, Stillwater, MN, 55082, (651) 430-8800, or his successor. C. State's Authorized Representative will have final authority for acceptance of maintenance services performed by City under this Agreement. VI. ASSIGNMENT A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. This provision shall not be construed to preclude the City from contracting snowplowing and ice maintenance services typical to its City street snowplowing operations. B. All contracts and agreements made by any party with additional parties for the performance of any work to be done under this Agreement will be made in accordance with the terms of this Agreement and State of Minnesota law. C. This Agreement will not be construed as a relinquishment by State of any powers or control it may have over the trunk highway right-of-way covered under this Agreement. VII. MERGERS/AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement must be in writing, and must be executed by the same parties who executed the original Agreement, or their successors in office. 3 Mn/DOT Agreement No. 92835 VIII. LIABILITY A. The employees and agents of City will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and other applicable law, and the liability of City will be governed by Minnesota Statutes Chapter 466 and other applicable law. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. IX. WORKERS COMPENSATION Each party will be solely responsible for its own employees for any workers compensation claims. X. CIVIL RIGHTS City must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local ordinance relating to civil rights and discrimination. XI. STATE AUDITS The books, records, documents, and accounting procedures and practices of City, relevant to this Agreement, will be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years. XII. DATA PRACTICES The State and City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. XIII. AGREEMENT APPROVAL Before this Agreement will become binding and effective, it must be executed by State and City officers as provided by law. 4 Mn/DOT Agreement No. 92835 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPARTMENT OF TRANSPORTATION CITY OF STILLWATER Recommended for approval: By Ken Harycki, Mayor By Metro District Assistant District Engineer - Maintenance Date Approved COMMISSIONER OF TRANSPORTATION By Larry Hansen, City Administrator By Metro District Authorized Signature Date Date COMMISSIONER OF ADMINISTRATION By Authorized Signature Date 5 City of Stillwater RESOLUTION IT IS RESOLVED that the City of Stillwater enter into Mn/DOT Agreement No. 92835 with the State of Minnesota, Department of Transportation for the following purposes: Snow and Ice Maintenance of the north Frontage Road along Trunk Highway 36 located within and adjacent to the city limits of Stillwater upon the terms and conditions set forth in the Agreement. IT IS FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement. CERTIFICATION State of Minnesota County of Washington I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Stillwater at an authorized meeting held on the day of , 2008, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2008 Notary Public (Signature) My Commission Expires (Type or Print Name) ~ ~~~ ~C~~. ~ (Title) RESOLUTION 2008-69 APPROVING OPERATING AGREEMENT FOR seve OPERATION BE IT RESOLVED by the City Council of Stillwater, MN that the operating agreement between the City of Stillwater, the City of Oak Park Heights, and the Greater Stillwater Area Convention and Visitor's Bureau, as on file with the City Clerk, are hereby approved and authorizes the Mayor and City Clerk to enter into and sign said agreement. Adopted by the Stillwater City Council this 20th day of May, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk OPERATING AGREEMENT THIS AGREEMENT made this _ day of , 2008, between THE CITY OF STILLWATER, a political subdivision of the State of Minnesota, and THE CITY OF OAK PARK HEIGHTS, a political subdivision of the State of Minnesota (collectively, the "Cities"), and THE GREATER STILLWATER AREA CONVENTION AND VISITOR'S BUREAU, INC. a Minnesota non-profit corporation ("SCVB"). INTRODUCTION 1. The Cities have established a local lodging tax pursuant to the provisions of Minn. Stat. ~469.190, and the SCVB has been established as a Minnesota non-profit corporation solely for the purpose of marketing and promoting the Cities as a tourist and convention center. 2. The Board of Directors of the SCVB is comprised of a broad spectrum of representatives from the lodging community that will bear the burden of this tax and at least one representative from each city contributing funds to the SCVB. 3. The SCVB agrees to abide by Minn. Stat. ~469 .190, with regard to the expenditure of the funds and to expend the funds for no other purpose and to submit an annual report to the Cities, within 90 days of the close of each calendar year, that will demonstrate compliance with State Statutes, regulations, revenue rulings, and Attorney General's opinions. 4. That the SCVB will not change, alter or amend its Articles of Incorporation or Bylaws without the written consent of the Cities. IN WITNESS WHEREOF, the SCVB and the Cities have set their hands this_ day of ,2008. CITY OF STILLWATER, a political subdivision of the State of Minnesota By Ken Harycki, Mayor ATTEST: Diane F . Ward, Clerk CITY OF OAK PARK HEIGHTS, a political subdivision of the State of Minnesota David Beaudet, Mayor ATTEST: Eric Johnson, City Administrator GREATER STILLWATER AREA CONVENTION AND VISITOR'S BUREAU, a Minnesota non-profit corporation By Its -2- Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 05/15/2008 Re: New On-sale and Sunday Liquor License - Savories As required, a public hearing must be held for the issuance of new liquor licenses. A liquor license application has been received for an On-Sale and Sunday Liquor License from Savories, Inc., DBA: Savories Bistro. Savories presently have a Wine with Strong Beer license so this would be considered a new license, an upgrade from their Wine & Strong Beer license. Approval for the license should be contingent upon approval by'Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue a new On-Sale liquor license they should pass a motion to adopt Resolution No. 2008-_APPROVING AN ON-SALE AND SUNDAY LIQUOR LICENSE FOR SAVORIES, INC., DBA: SAVORIES BISTRO APPROVING AN ON-SALE AND SUNDAY LIQUOR LICENSE FOR SAVORIES, INC., DBA: SAVORIES BISTRO WHEREAS, an application has been received for a new On-sale and Sunday liquor license for Savories, Inc., DBA: Savories Bistro located at 108 Main Street N, Stillwater, MN; and WHEREAS, a public hearing on the new liquor license was held on May 20, 2008; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new On-Sale and Sunday liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 20th day of May, 2008 Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk ><. MAGNUSON LAw FIRM LICENSED IN MINNESOTA AND WISCONSIN TIm DEscH OFFICE BUlLDlNG 333 NORTIIMAINSTREET . SUlTE#202. STlLLWATER,MN.5.5082 TELEPHoNE: (651)439-9464. FAX: (651)439-.5641 WWW.MAONUSONLAwFlRM.COM DAVID T. MAGNUSON DTMAGNUSON@MAGNUSONLAWFlRM.COM JOHN D. MAGNUSON JDMAGNUSON@MAGNUSONLAwFlRM.cOM MEMORANDUM TO: Ken Harycki, Mayor FROM: David T. Magnuson DATE: April 24, 2008 RE: Conflict of Interest Advisory Opinion, pursuant to 9512, suM 2 of the City Charter INTRODUCTION You have asked whether you are prohibited from considering and acting upon a Development Agreement (Development Agreement) that has been negotiated by City Staff for development of a Municipal Parking Ramp by reason of a conflict of interest. You have disclosed that you provide payroll and check writing services to Richard and Judith Anderson who are also owners of real estate that will be dedicated to the City for the parking ramp construction and who might benefit from the proximity of the parking ramp to their Lowell Inn Business. To begin with, conflicts of interest in Stillwater are regulated not only by the statutes and common law of Minnesota but by the more restrictive regulations found in the Stillwater City Charter. The Charter, in relevant part, states: ...- * * * "Conflict of interest means any intentional treatment by an official or a matter in which the official has an interest, clearly separate from that of the general public. Interest means having a private financial interest separate from that of the general public. And Matter means any contract, permit license, zoning decision, payment or benefit." FACTS You have disclosed that Richard and Judith Anderson, and their related business entities 1 are one of approximately 350 clients of your firm. In terms of percentages, they are approximately Y2 of 1 % of your firms' clients. Further, the Anderson business generated approximately the same percentage of your firms' yearly sales. Also, that the check writing and payroll services are administrative in nature and contact between the Andersons and your firm, is for the most part, between your office manager and the accounting supervisor for Andersons. Further, the Andersons' various business entities have a number of connections with our City Government. St. Croix Catering provides management services to the City Sports Arena pursuant to a year to year contract with the City. St. Croix Boat and Packet Company operates Tour and Charter Boats on the St. Croix River Waterfront pursuant to a Wharfage Permit that is acted upon yearly by the City Council; and the Lowell Inn has rented a City parking lot adjacent to their business for hotel parking. (Related Business Entities) The related entities have all had long standing status pursuant to agreements initially negotiated before you were elected to the City Councilor elected as Mayor, in each instance, for more than 10 years. The Development Agreement now pending is a new and unique matter. 1 St. Croix Boat and Packet, St. Croix Catering, 102 Second Street, LLC and The Lowell Inn 2 Finally, your vote, in each instance, is one of the five voting members of the City Council, not something you will be deciding alone. OPINION It is my opinion that your consideration of and acting upon the Development Agreement or other matters involving the Andersons and their related business entities and the City is permissible since, in my view your interest is not sufficient enough nor is it direct enough to bar your involvement. LAW For guidance, I have reviewed an opinion of the Attorney General cited asA.G. Op. April 15, 1975. In this informal opinion, the Attorney General concluded that a city council member was not disqualified from voting on the rezoning of a tract of land even though his father owned part of the legal title to the tract in question. The opinion held that the councilmember did not have an interest sufficient to prohibit voting. The Minnesota Supreme Court also decided in Lenz v. Coon Creek Watershed District, 1967 278 Minn.l, 153 N.W.2d 209. In that case, a member of a County Board petitioned the members of the Board Managers of the Watershed District for an improvement and the County Board appointed members to the Watershed District Board of Managers. Further, Managers of the Watershed District were benefited by the project and were also charged with an assessment. The members of the Watershed District Board voted on ordering the improvement and on the imposition of assessments. The Supreme Court reasoned that this involvement was permissible, since the statutes required that Managers of a Watershed District be residents of the District, and there would be no way to make an improvement without them being, to some extent, affected. Further, a recent case also dealt with the question of "sufficiency." In No/an v. City of Eden Prairie, 610 N.W.2d 697 (Minn. Ct. App. 2000), the Court concluded that there was no 3 conflict of interest where a councilmember shared office space with his brother's law firm which was representing a developer in connection with a plat application. In Conclusion, in this instance, your interest is not a sufficient or direct interest to disqualify you from voting on the pending Development Agreement for the proposed Municipal Parking Ramp or considering other described business matters between the Andersons, their , related business entities and the City. Respectfully submitted, DTM/jmo 4 TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director DATE: May 20, 2008 RE: Downtown parking ramp Maintenance costs and parking revenue BACKGROUND Operating and maintenance costs were not covered in the planning report that was distributed this past Friday. This memo addresses those costs. OPERATION AND MAINTENANCE COSTS Ramp Structure Maintenance $60-75/space2 $17,160 - $21,450 Ramp Operation (No attendant) $200 — 250/space $57,200 - $71,500 Utilities arid Supplies $70/space $20,020 - $20,020 TOTAL Maint. &Operation $330 -395/space $94,380 - $112,970 PARKING FEE REVENUE The revenue to pay for the operation and maintenance costs will come from parking fees. 286 Fee generating spaces X 70% Occupancy rate3 X 180 Days during peak season4 X $5 Same cost as a pay space in downtown surface lots $180,180 Yearly fees generated by ramp Even if the ramp were to generate absolutely no revenue for 180 days of the year, the project would have an annual profit of $67,210. And, even if only 45% of the spaces sell once @ $5 in a day during the 180 day peak season, the ramp would cover its operation and maintenance costs. Since it is reasonable to assume that there will be some sales during the off 180 day time period, the ramp would turn an annual profit even in very slow years. Including costs of short and long term maintenance items 2 286 total spaces, not including the 30 surface lot spaces 011 3rd Street. 3 The occupancy rate assumes 70% of the spaces will sell once for $5 during a day. During the week this number may be high, but multiple sales of the same space will occur on major event days and sunny summer weekends. 4 This represents the "tourist" season from May through October only. lso) aseg saleualle lcnpap uoo to %9 Alaleulxo.idde 0 0 to A � ° n and Maintenance or alternat Oo V 2 — '6 sta m 0 P W N N 4432 w N in to POTENTIAL DEDUCT ALTERNATES ulnes algelreny paletugs3 íÑÜÏÏÔÏÖ ëØÍÎËÉ Ó¿§ ïêô îððè ðèó ïë DATE CASE NO.: : Ý·¬§ ±º ͬ·´´©¿¬»® APPLICANT: ï÷ ß°°®±ª¿´ ±º п®µ·²¹ Ú¿½·´·¬§ Ü»·¹² ¿²¼ Ô¿§±«¬ REQUEST: î÷ ß°°®±ª¿´ ±º Ü»ª»´±°³»²¬ ß¹®»»³»²¬ í÷ ß«¬¸±®·¦» Í¿´» ±º п®µ·²¹ Ú¿½·´·¬§ Þ±²¼ îðð Ò±®¬¸ î ͬ®»»¬ LOCATION: ²¼ Ý·¬§ ß¼³·²·¬®¿¬±®ô Ý·¬§ ߬¬±®²»§ô Ü»°«¬§ Ú·®» ݸ·»ºô REVIEWERS: Ý·¬§ Û²¹·²»»®ô Ý·¬§ д¿²²»®ô Þ«·´¼·²¹ Ѻº·½·¿´ Þ·´´ Ì«®²¾´¿¼ô ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ü·®»½¬±® PREPARED BY : BACKGROUND The City has been exploring the possible construction of a downtown parking ramp since early 2003. It has been the subject of several studies and has been identified as a priority in the 1995 Comprehensive Plan and by various City Councils over the years. The most feasible site for a parking structure has be en identified as property located north of the Lowell nd rd nd Inn between 2 Street and 3 Street (200 North 2 Street). This site has become preferred over other sites for a number of reasons. Chief among them ar e that: 1) all of the property owners are willing partners; 2) the topography of the site allows the bluff line to minimize the visual impact of the project on rd surrounding properties; 3) the topography allows ra mp access at two levels: the upper level from 3 Street nd and the lower level from 2 Street; 4) the ramp is located close to areas east of Water Street that will lose parking spaces to the levee wall project and Lowell Pa rk expansion; 5) the ra mp could serve church parking needs during their peak demand times, wh ich are off-peak times fo r general public use. The parking facility would create about 316 parking spaces and would cost between $5.5 and $6 million dollars, depending upon sel ection of features and upgrades. Funds for construction of the facility would come from TIF District 10 revenues. If the project is approved by the City Council, construction could begin later this summer or early fall a nd be completed within about 10 months. Chronology 1. On May 2, 2006 the City Council directed city staff to pursue the possible construction of a nd parking structure at 200 North 2 Street. City parking facility Page 2 of 6 2. Braun Intertec completed a preliminary geotechnical investigation, which determined that the site’s hydrology and bedrock configurati on would likely allow ramp construction. 3. The City Council approved a modification to TIF District 10 on October 17, 2006 – this would generate revenue to pay for the project’s cost. 4. The City Council established a Parking Ramp Steering Committee on June 19, 2006: 5. The Parking Ramp Steering Committee reviewed eight design services proposals on August 29, 2007. They recommended three finalists to the City Council. 6. On October 2, 2007 the City Council selected a team of consultants led by LSA Design and including the Carl Walker parking ramp group. 7. The contract for LSA Design services was approved by the City Council late in 2007. A key feature of the contract gives the City the optio n to stop the project after a firm estimate of construction costs is developed. If the total pr oject costs exceed the available TIF revenue, the project will not likely proceed. 8. Two façade concepts were presented to the Heritage Preservation Commission (HPC) by LSA Design on February 4, 2008. The HPC did not like either of them, but gave the architects general input on a façade they might be able to support. 9. Based upon HPC input, LSA Design created two more façade concepts for discussion by the HPC and Parking Ramp Steering Committee (PRSC) at a workshop held on February 21, 2008. The HPC and PRSC unanimously voted to give conceptual approval of one of these façades. 10. On March 5, 2008 the City Council reviewed th e concept façade approved by the HPC. There was concern by the Council that the southern stair/elevator tower had too much glass and did not fit well with the architecture of the area, especially given the Lowell Inn immediately next to it. There was also some concern expressed that the façade was a bit too industrial looking. 11. On March 19, 2008 the City held an open house for the proposed parking facility. 12. On April 7, 2008 staff met with residents of Rivertown Commons to discuss the project and receive comments. 13. On April 7, 2008 the Heritage Preservation Comm ission held a public hearing to consider a Design Review Permit for the project. The commission unanimously approved the permit. 14. On April 14, 2008 the Planning Commission held a public hearing to consider: 1) a height variance to allow the elevator/stair towers to ex ceed the 37 foot height limit; and 2) a conditional rd use permit to allow disturbance of two areas at the bottom of the 3 Street bluff (slopes greater than 24%). On a vote of 8-1 the two requests were approved. 15. On April 28, 2008 the Park Board considered the project and recommend eliminating the park nd behind the ramp in favor of creating replacement park space on the north side of the ramp near 2 Street. After this recommendation was made, lay out changes for future expansion of the Lowell Inn required moving the whole ramp 12 feet to th e north, which made creating a replacement park impossible. SPECIFIC REQUEST In order to develop the parking ramp facility, the Ci ty requests the following actions by the City Council: ïò ß°°®±ª¿´ ±º п®µ·²¹ Ú¿½·´·¬§ д¿² îò ß°°®±ª¿´ ±º Ü»ª»´±°³»²¬ ß¹®»»³»²¬ íò ß«¬¸±®·¦¿¬·±² ¬± Í»´´ п®µ·²¹ Ú¿½·´·¬§ Þ±²¼ City parking facility Page 3 of 6 EVALUATION OF REQUEST PARKING FACILITY PLANS Massing standards Setbacks Front: 15 feet required; 20 feet proposed Side: 20 feet total of both sides (to as little as zero on one side); 22 feet 7 inches proposed from south and 17 feet proposed from north lot line Rear: 20 feet required; proposed only 9 feet. If the various parcels are combined, then a rear setback is not applicable. Height Standard: 37 feet (or 10% of adjacent building if an infill project) Proposed: South tower: 52 feet 4 inches (9% greater than ridge line of Lowell Inn) Highest deck: 36 feet Height Variance The project site is located partly within the CBDH hei ght district. Buildings in the CBDH height zone are limited to a maximum of 37 feet or 10% of the height of an abutting building, if one exists. The 10% clause is intended to keep massing fairly consistent acr oss a block of buildings. So, if an existing abutting building is only 25 feet tall, the new infill building can only be 27.5 feet tall, even though a freestanding new building could be 37 feet tall. On the other hand , if an existing abutting building is 50 feet tall, then the infill building can be as high as 55 feet. It could be argued that the parking ramp is an inf ill project since according to terms of the development agreement it will be attached to the Lowell Inn. Howe ver, Lowell Inn plans are not ready for review yet. They will be required to have a separate Design Revi ew Permit process at a later date. Consequently a variance was requested and approved by the Planning Commission on April 14, 2008. If the Lowell Inn addition were a part of this case review, the 52.3’ height of the southern tower would meet height standards since it is only 9% taller than the 48 foot tall ridge line of the Lowell Inn. The purpose of the downtown height district is to preserve views of the river to the extent practical. This is done by regulating the height of new freestanding buildings by setting increasingly restrictive heights the closer a property is to the river. The proposed parking facility meets the spirit of the viewshed protection regulations by being built at the base of a bluff that is the full height of the ramp. Consequently the impact of height upon river views is diminished because the bulk of the ramp is at or below the height of the bluff line. Moreover, the parking ramp design is sensitive to the massing of existing buildings between Myrtle Street and Mulberry Street. This can be seen in the attach ed façade drawings. The Lowell Inn on the south side of the ramp is taller than the majority of the ramp’s front façade, but not so much lower as to be strikingly different. And, though the ramp is considerably shorter than the Rivertown Commons on the north, the nd height differential is moderated by the fact that th e apartment is set substantially further away from 2 Street. Conditional Use Permit On most ravines and bluffs in Stillwater, grading and tree removal are not permitted. However, a specific exception is allowed in all commercial zoning districts. Section 31-521, Subd 1(f) of the City Code states City parking facility Page 4 of 6 that in commercial districts, structures are allo wed by Conditional Use Permit (CUP) on slopes greater rd than 24%. Consequently, the City requested a CUP to impact two small areas of the 3 Street bluff. rd The design of the proposed parking facility is sensitive to the 3 Street bluff. To minimize impact a rd bridge is planned that will span the bluff between the 3 Street surface lot and the upper level of the ramp. Only two small bluff areas require disturbance for the project (see attachment). The first is an area of about 10 feet by 30 feet along the retaining wall behi nd the Lowell Inn. This impact could be avoided nd only if the entire ramp were shifted 10 feet closer to 2 Street. While this is physically possible, the ramp façade would then be 10 feet in front of the Lowell Inn. This not only would look odd, but it would reduce the green space along the front of the ramp. The second area of impact is on the north edge of the ramp, where about a 25 foot by 70 foot strip paralleling the Rivertown Commons building will be retained by the parking structure. This could only be avoided if the ramp were shifted 25 feet to the south. However, this would eliminate the banquet ro om planned by the Lowell Inn. The banquet room is a critical component of the development agreement that would transfer title of the Lowell Inn parking lot to the city. Without the Lowell Inn land, the parking ramp project would not be possible. The Planning Commission approved the C onditional Use Permit on April 14, 2008. Miscellaneous 1. Stall size proposed is 8.5’ by 18’. (Minimum stall size listed in zoning ordinance is 9 by 18. But, the ordinance also allows for a half foot of flex – Sec 31-100, Subd. 2(b)). Aisles are proposed at 24 feet wide. Minimum aisle width required by ordinance is 24 feet. 2. A sign plan is not part of this review. If the C ity Council approves the project, then a sign plan will be prepared and submitted as a separate Design Review Permit request. 3. Façade nd a. The historic context of the project’s 2 Street setting informed the decisions leading to the selected façade and ramp design. The rh ythms of the façade are meant to evoke the non-retail nature of the street without presenting an overly harsh contrast with the Lowell Inn. The arched windows of the Lowell Inn are incorporated into portions of the façade. And the brick of both the Connolly Shoe Factory and the Lowell Inn play a large role in nd the ramp’s 2 Street elevation. b. The Heritage Preservation Commission approved the façade design at their April 7, 2008 meeting. A number of conditions were attached to their approval, all of which are either addressed in the current façade version or are included in the co nditions of approval recommended below by city staff. c. Revisions have been made to the façade to sa tisfy the conditions imposed by the Heritage th Preservation Commission April 7 . The revised drawings will be available at the th meeting on April 14 . 4. Lighting plan a. The light poles on the top deck and in front of the ramp will only be 12 feet tall. This height rd was chosen to minimize light impact on 3 Street and in surrounding neighborhoods and to keep the light at a pedestrian scale in front of the ramp. nd b. The wattage of the upper deck lights and 2 Street lights will be kept low. They will only be 100 watts. c. The fixtures were chosen both for their aesthetic qualities and well as the fact that the lamps will be hidden well up and inside of them. 5. Operational model The ramp will have an automated payment system. Motorists would take a parking ticket at either the nd rd 2 Street or 3 Street entrance. When retu rning to the ramp, they would pay for their parking at a City parking facility Page 5 of 6 kiosk either in the front entrance lobby or the 3rd le vel lobby. If they have forgotten to pay at the kiosk, they could pay with a credit card at the ga te. However, payment at the gate will not be encouraged through signage, since it will slow the exiting process (which would be an issue at big th events like the 4 of July fireworks). Though this operational model does not require th e City to hire a parking attendant, some City department will need to be responsible for monito ring the facility. Monitoring will be necessary both for security and assistance if a motorist needs help. Motorist needs can be handled remotely through an integrated communication system. Gates can be raised and payments can be authorized remotely. 6. Rivertown Commons has an 8 stall parking lot next to their front door. The small lot is located on City property that is needed for the parking ra mp. Consequently the lot must be removed and Rivertown has asked the City if they may be given 8 free spaces in the ramp to replace the lost spaces. Though this request does not need action at this tim e, it will need to be considered by the Council prior to completion of the ramp. DEVELOPMENT AGREEMENT The parking facility site is on land currently owned by three different parties: the city, Trinity Lutheran Church and the Lowell Inn. As detailed in the a ttached development agreement, the land will all be deeded to the city and in return the church and the inn will both be reimbursed in kind: a) the ramp will be free to the public during church holidays (which are off-peak times for city purposes), b) the 30 surface rd lot spaces across from the church on 3 Street will be free for public use, c) the small parking lot owned by the city behind the post office will be transferre d to the church, d) 23 parking spaces (one for each room in the inn) will be free to the inn through a ticket validation process, a nd e) space will be provided in the southwest corner of the first level of the ra mp for a Lowell Inn banquet and conference facility to expand into. FINANCING & BOND SALE The goal of this project is to pay for the total cost of the facility with revenue generated by TIF District #10. With all optional elements, upgrades and contingenc ies, the total project cost would be about $6.5 million. Total projected revenue is less than $6 million. Therefore, city staff and the design consultants th will meet on Monday, May 19 to consider which elements to eliminate and whether some elements could be deferred or paid for from other sources. Recommendations will be available for the Council th meeting on May 20 . If the project and total cost is found to be acceptabl e to the Council, authorization for a bond sale should be given by adopting the attached resolution. ALTERNATIVES The City Council has the following options available: 1. Approve the parking facility design, deve lopment agreement and bond sale with conditions including those found under the staff recommendation. 2. Deny the project requests. 3. Table the requests for more information. Give n the quickly approaching deadline for using the TIF funds for this project, tabling the requests may require scheduling a special meeting. RECOMMENDATION City parking facility Page 6 of 6 th After staff meets with the design consultants on Monday May 19 , we will formalize our recommendation. If the costs and projected revenue are manageable, we will recommend approval with the following conditions: 1. The parking facility shall be constructed in subs tantial compliance with the following plan set, except as may be modified throu gh other conditions of approval: a. Elevations Dated 5/15/08 b. Grading, Drainage & Erosion Control Plan Dated 3/27/08 c. Utility, Paving & Geometric Plan Dated 3/27/08 d. Landscape Plan Dated 5/15/08 e. Photometric Plan, Grade Level Dated 3/27/08 f. Photometric Plan, Third Level Dated 3/27/08 g. Photometric Plan, Surface Lot Dated 3/27/08 h. Lighting fixture schedule Dated 3/27/08 2. If the design of the parking ramp is approved by th e City Council, then a traffic analysis shall be completed to address whether stop signs and ped estrian crossings should be provided at the nd intersection of Commercial and 2 Street, as well as whether the pedestrian flow near the entrance into Rivertown Commons should be modified to improve safety. 3. If the project is approved by the City Council, the various parcels involved in the project shall be combined so that a rear lot line setback variance is not required for the ramp. 4. Since several parcels of land needed for this proj ect are not currently owned by the City, each of the current land owners will need to enter into a development agreement with the City. This development agreement must be executed prior to commencing a bond sale. 5. The Lowell Inn is considering the construction of a banquet room addition that would attach to and/or be a part of the lower level of the ramp near the elevators. However, details of this addition have not been developed sufficiently to be included in this Design Review Permit application. Therefore, when those plans are r eady, they will have to be submitted as a separate Design Review Permit application. 6. A parking ramp sign plan is not a part of this Design Review Permit application. If the City Council gives final approval to the project, then a separate Design Review Permit application for the signs will be submitted by the City. ½½æ Ü»²²§ É¿´´¿½»ô ÔÍß Ü»·¹² п®µ·²¹ ο³° ͬ»»®·²¹ ݱ³³·¬¬»» ¿¬¬¿½¸³»²¬æ Ô±½¿¬·±² Ó¿°ñß»®·¿´ Í´±°» ׳°¿½¬ Ñ«¬´·²» ±º ®¿³° »»² º®±³ í ¿²¼ Ø«²·²¹¸¿µ» ®¼ Ò¿®®¿¬·ª» ¾±±µ´»¬ Ü»ª»´±°³»²¬ ß¹®»»³»²¬ Þ±²¼ Í¿´» ß«¬¸±®·¦¿¬·±² λ±´«¬·±² - , pP- tilt ..-...- :~, ) 'S;'~ ...,;; r I 1:1\ ..1m MIll1N J'1fI'i =J =FFE I' //, - ~~.l ~c. _ ~U __ llJl'fU "' "" l -'." -,. ~ -' [;:--- ~ [-= Ijlj~..~-:~ --k: , III I ~ a.t' -g __c:&. : E I~ .- .~ ~Il I 1 I ; . .... -rt.-- - ,'-'>1 --r--l ... _I L [. l ~ ~ r Ii I , ~ C 'ji .5 III CII .. III 'U III c:&. .~ ~ ~ I -,,-- ".11 .~ I~;' - ~-~--,:""! - . -" ........ . / I Q) ~ ~ Q) ~ .. c.. E m ~ ~ o Q) c I' i\Iis j , " ~ ........ .. ", _J Stillwater Parking Ramp City of Stillwater, MN Project Narrative Stillwater Parking Ramp Project No. 07-24 May 14, 2008 LSA Design, Inc. 120 South 6th St Mpls, MN 55079 612.339.8729 D [ S I (j r iii] III 8M. D l I I Q r TABLE OF CONTENTS . Project Narrative . Operational Narrative . Plans / Site Plans . Renderings / Elevations . Cost Data Report III Project Narrative -- D [ S I (j r Project Design Narrative Location I Site The 2-acre site located within the historic district of downtown Stillwater is bounded by 2nd Street to the East, 3rd Street to the West, Lowell Inn on the South and Rivertown Commons to the North. Ownership of land is by 3 parties; City of Stillwater, Trinity Lutheran, and the Lowell Inn. Development agreements are being prepared with each of the non city land owners to develop the project. The existing site is currently used for surface parking along 2nd Street with 74 spaces and on 3'd Street with 28 spaces. A total of 102 spaces currently are provided on the site Three major site features mark the site. 1. A steep embankment, exceeding 24 percent slope, east of 3'd Street falls 40 feet in a steep embank- ment. The proposed structure avoids encroaching on this except for a small area under the proposed bridge. City planning approval has been obtained for this encroachment. 2. Old mill foundation ruins remain visible in the Northwest corner of the site along 3'd Street. The pro- ject does not involve this area of the site. 3. An open water stream/spring runs year round in the center of the site. Daylighting from a culvert at the base of the embankment, the stream runs over a rock stream bed for 80-90 feet before returning underground to a culvert to continue to the river. This feature has been retained and left untouched in the proposed design. New invert and pipe will be installed to route this water around the structure to the north. An alternative is possible to bring this stream back to the surface for a 35-40 foot length as part of a small green space between the parking and Rivertown Commons. It is anticipated that this element would be bid as an Add Alternate to the project. Ingress - Egress Two means of entry/exit to the Parking Building are provided. 1. Primary Access is provided by an entrance/exit which is centered on Commercial Street to the east. It is anticipated that this entrance/exit will handle the majority of traffic in and out of the facility. A ticket spitter and card reader along with a pair of gates will be located at this location. 2. A second access is provided from 3rd Street. A ticket spitter/card reader and pair of gates are located at the west end of the bridge structure that spans the steep embankment. The area west of and in front of the gates provides 30 surface parking spaces for reserved, assigned or free public access that does not require entering the structure. The parking circulation within the parking facility is via single parked and ramped helix allowing for two way traffic in a 24' drive aisle and 90 degree 8' _6" by 18'-0" parking spaces. The facility anticipates a fully automated operation with walk-up pay station(s) located in the 2nd Street lobby and at the 3'd Street level lobby as well. Stillwater Parking Ramp P# 07-24 15 tv'ot 2003 May 15, 2008 IB1 Project Narrative n- D I \ I CJ r Hours of Operation The Facility will be free and open to general public without charge: Sundays 6 AM - 1 PM Christmas Eve 1 PM - 12 AM Christmas Day Good Friday Easter Eve 6 PM thru Easter Sunday 1:30 PM Lowell Inn will have a minimum of 23 reserved spaces for exclusive use of guests (l/room) Trinity Lutheran Church will have access to 30 spaces west of facility entry along 3'd Street as free and open space for public use. Pedestrian access to the stair and elevator tower is provided at 2nd Street level via sidewalks and also from 3rd Street via a dedicated walkway thru the surface parking at 3'd Street and along the south wall of the parking structure. Pedestrian access to the lower level park area (base of the embankment) west of the parking building is also provided by a dedicated walkway from the 2nd Street lobby along the interior south wall of the parking building and then up an accessible ramp to the park/green space. Desilm Description The design solution calls for the construction of a new single helix 3 level parking building fronting 2nd Street and an improved surface lot along 3'd Street. A parked bridge spans the steep embankment and connects the top level of the parking structure and surface parking along 3rd Street. A total of 316 parking spaces are provided within the total project. 2nd Street Entry Level 43 Spaces First Level 80 Second Level 80 Third Level 113 316 Spaces The ramp building is positioned 38' north of the Lowell Inn's original north wall. This position allows for a planned new 2-story addition to be made by the Lowell Inn. In addition the entry level of the building has provided an area 19' x 67' for Lowell Inn improvements related to this addition. The parking building is designed for the Lowell Inn to abut the south wall of the Parking Structure. The design allows for the ele- vator lobby connection to be made to Lowell Inn at grade level and at Lowell inn 2nd Floor if desired. The unique nature of this site allows the main building mass to be fully below the elevation of 3rd Street. In doing so views to downtown and the river are maintained over the building. It also allows the building to serve as an accessible route for pedestrians to walk from 3'd Street to the downtown and the river. The Fa<;:ade along 2nd Street is designed with a variety of masonry treatments ( heights as well as plane changes) that break this fa<;:ade into a collection of distinct fa<;:ade elements while maintaining unity in the Stillwater Parking Ramp P# 07-24 15 M:>r 2008 May 15, 2008 III Project Narrative I........~... ,- . ; Dlil(lf use of common masonry materials and opening treatments. This approach was utilized in order to break down the scale of the structure and allow it to fit comfortably within the Stillwater Historic District. The design also uses a hierarchy to communicate the importance for automobile entry and exit as well as for the pedestrian elevator and stair towers to aid users in their use of the building. Park I Green Space 1. The area located west of the parking building, at the base of the embankment, will be minimally devel- oped as part of this project. A new shade design rain garden /storm water detention area will be developed to provide for the re- quired storm water control and as a landscape amenity. The existing stream will be maintained "as is" with new invert and underground pipe routed around building to the north. The park shelter and path shown in the plan is anticipated to be provided by others. 2. Landscape area along 3rd Street, in a triangle shaped park, will be developed with new over-story trees and shrubs. Provision for future seating area has been made in the plan. A simple fence is provided along the east edge of this park and along the sidewalk next to the embankment for safety of pedestri- ans. 3. The building is setback along 2nd Street to align with the Lowell Inn building face. This allows space for a well developed 2nd Street streetscape along the building. The design incorporates concrete unit pavers for sidewalk as well as significant landscape materials. Recessed seating groups with benches, 12' decorative light standards are integrated with plant materials that include over-story street trees along with evergreen shrubs. In addition a second rain garden is provided here to collect and control flow of storm water from the building and site. This sunny design rain garden will provide both function and add color to the street- scape. Summary The design responds to all of the key issues needing to be addressed for function, urban context. Highly functional parking facility providing 316 spaces for City, Church and Lowell Inn use. Maintains views from 3rd Street to the river and downtown Fac;:ade design that fits comfortably into the Stillwater Historic District Streetscape design that enhances 2nd Street for pedestrian use Provisions for Lowell Inn expansion Preserves important existing site features Stillwater Parking Ramp P# 07-24 15 tv'at 2CC6 May 15, 2008 III Operational Narrative ~ D [ \ I (j r Parkin~ Operational Narrative The parking structure contains approximately 316 spaces on 3 supported levels plus the partial on grade level. . The structure will function Monday through Saturday using an automated pay-on-foot operating scenario. . On Sundays (6am - 1pm) the gates will be raised and no fees for using the facility will charged. . Specified Holidays, with times to be determined, gates will be raised and no fees for use. o Christmas Eve o Christmas Day o Good Friday o Easter The gates controlling the two entrances will be timed to open automatically at the specified times which are programmed into the equipment. Payment System Automated Pay-on-Foot (POF) systems have been more common in Europe and Asia, but are now becom- ing more widespread in North America. There are two major POF operating scenarios. 1. The first, often termed central cashiering, uses human cashiers in a centrallocation(s). 2. The second, and proposed operating scenario, uses automated machines as shown on the at- tached cut sheets in lieu of the human cashiers. 3. Hybrid systems that combine automated machines with central cashiers are also in use at some locations. The parking facility will have two separate ingress/egress locations. Each location will consist of a single entry lane and a single exit lane. Access into the facility is controlled with a barrier gate activated by a ticket dispenser or keycard reader. When a time-encoded ticket is taken from the dispenser or a key card is used, the gate rises and the parker enters the facility. The gate closes and the lane is reset for the next entry. General Public Use After entry and locating an empty parking space the parking patron takes the time encoded entrance ticket with them while visiting their destination. Upon returning to the parking facility the parking patron pays the parking fee before returning to their vehicle. For this reason, it is very important that the patron take the ticket with them while at their destination and not leave it in their vehicle. After paying the proper fee at a pay station the patron is given a time-encoded ticket to be used at the exit lane within a 15 or 20 min- ute grace period. At the exit lane, the patron inserts the ticket into an exit verifier and if the grace period has not elapsed the gate rises and the parker is free to leave. If the parker arrives at the exit without first paying the proper fee, the exit verifier will prompt the parker to insert a credit card into the machine in order to pay the proper fee. While this option is always available it will not be prominently advertised as an option in order to keep the flow through the exit lanes a fast as possible. Because it is important that the parking patron visits the automated pay station before returning to their vehicle, the pay stations should be prominently located at each major pedestrian portal in to the structure. Stillwater Parking Ramp P# 07-24 15Ivb(2C03 May 15,2008 III Operational Narrative ~ D [ \ I (j r A total of 2 pay stations will be installed in the structure as follows: South Elevator / Stair Tower Street Level/2nd Street Lobby · South Elevator / Stair Tower Third Level / 3rd Street Lobby · (Optional consideration)- North Stair Tower / 2nd Street Lobby Lowell Inn Guests Spaces will be reserved within the facility (minimum of 23) for use by Lowell Inn guests. The Inn front desk would validate the ticket or provide dated parking passes that will allow the guest to exit and reenter the facility during their stay. Two operational system options exist to manage this process. 1. A separate piece of equipment is used to print and issue tickets/passes and for ticket validation. This equipment would be placed at the Inn front desk for use by the Inn staff. Data from this equipment is tied to the central control system that the city controls and manages. 2. The second option would utilize pre-printed and pre-validated tickets that could be printed, dis- tributed and accounted for by the city and given to the Inn to use. These would be issued to guests for their use during their stay. For guests that enter the parking facility before check-in the ticket dispensed would be replaced by the one received at check-in. Both systems would allow tracking of use by the Inn. The primary difference be- ing the amount of automation involved. In Times of Trouble and Need With this fully automated operation there is no staff on site to handle problems that may occasionally arise. User needs resulting from equipment malfunction or other issues are handled remotely via an inte- grated call/communication system that connects to facility-maintenance personnel who can remotely con- trol equipment i.e.: raise a gate, authorize a payment or call for an onsite visit of maintenance staff. Summary The facility operations represent a situation well suited to automated on site access control with remote staffed management at a central office. It is recommended that this same remote site would have security system monitoring as well as overall building maintenance responsibility for the facility. Stillwater Parking Ramp P# 07-24 151"vbt 2C03 May 15, 2008 .rr= PrfHERE _ Jit SST@ Automatic Pay Station Automatic Cashiering The SST Automatic Pay Station offers you an innovative ticket handling system for your central cashiering parking operation. This robust pay-on-foot station is designed to improve your cash management with A TM-type technology, lower your labor and operational expenses, and improve your customer service with around the clock, 24 hour operation. User-Friendly Many user-friendly features are built into the pay station, including simple operations for customers, service personnel and management. The ergonomic design of the pay station guides your customers through the entire transaction process. Clearly defined instructions are simple to follow. Parking managers will appreciate how quickly employees can learn to use, service and program the pay station. Fast shift audits are made possible with smooth, pullout cash modules, and interchangeable SST components mean less maintenance and downtime. Contemporary software packages streamline programming and reponing routines and automate your daily management procedures. All programming and reporting functions are easily accomplished with the on-board terminal or with a centralized SCAN/Scan Net System. Flexible Payment Options The SST Automatic Pay Station offers you a wide range of payment options. Short term tickets, special parking passes and bank cards of all types may be processed through the single transport slot. The pay station accepts payment in coins, paper currency, parking pass, or bank card, and delivers change in either coins or paper currency, or both. Uncompromising Security Your revenues are protected by a robust vault designed to withstand the harshest environments. The cabinet features a tamper-resistant access door secured with a rugged three-point locking system. All key components are guarded by separate locking devices and any unauthorized access triggers an alarm message. Access to the payment systems (coin, bank note, bank card, ete.) requires an electronic password plus mechanical keys. Different keys are used for each cash module, and each module is monitored electronically for maximum security. Comprehensive cash audits and facility management reports can be captured on-line or off-line to ensure 100% collection of all parking fees. rrr FEDERAL APD Federal Signal Corporation 1. Purpose The SST Automatic Pay Station shall be an unmanned, pay-on-foot station that provides completely automated cashiering services to parking patrons. This central cashiering device shall read and encode magnetic stripe tickets with payment information when the appropriate payment has been made to satisfY the fee due. 2. Features/Functions a. The SST Automatic Pay Station shall automatically calculate and display parking fees, accept payment, issue change, and provide a receipt (either automatically or on demand). b. The SST Automatic Pay Station shall incorporate the following components as standard: (1) SST Ticket Validator, (2) Coin Acceptor, (3) Route Inhibit Mechanism, (4) Three Coin Dispenser Unit~, (5) Programming Terminal, (6) Receipt Printer. e. The following components shall be available: (1) Bank Note HandlingSystem (with Bank Note Acceptor, Bank Note E'>Crow Unit, and Bank Note Vault), (2) Dual Bank Note Dispenser Units, (3) a founh Coin Dispenser, (4) Coin Vault, (5) Journal Printer, (6) Ticket Burster, (7) various software options. d. The SST Automatic Pay Station shall provide comprehensive Financial and Statistical reports at the device, or at a central communications computer. e. The device shall provide an LCD message display to guide patrons through all transactions. f. The SST Auomatic Pay Station shall be UL Listed (Canada/U.S.), and shall be available with the CE Mark. 3. Dimensions a. The SST Automatic Pay Station cabinet shall be36'/4 inches Wx 55 inches H x25 1/4 inches 0 (92 cm W x ]40 cm H x 64 cm D). Width includes the "Pay Here" sign overhang. b. Optional pedestal base (ADA compliant) shall be 36 1/4 inches W x ] ] inches H x 28 inches 0 (92cm Wx28cmHx71 cmD). e. Optional pedestal base shall be 36 1/4 r., FEDERAL APD Federal Signal Corporation SST@ Automatic Pay Station Specifications inches W x ] 6 inches H x 28 inches 0 (92 cm Wx4] cm Hx7] cm D) 4. Electrical a. The SST Automatic Pay Station shall provide a universal power supply for] ] 5 VACor220VACpowerrequirements. It shall also provide a 24 VDC power supply and 36 VDC power supply for the cash handlingsystem (if a Bank Note Dispenser is included). 5. Construction a. The SST Automatic Pay Station shall provide a vandal-proof cabinet constructed of heavy gauge steel. b. Maximum security shall be provided widl an access door secured with a vandal resistant, three-point locking mechanism. Cash handling systems are guarded by double locking mechanisms. Electronic monitoring systems used throughout detect tampering. e. The cabinet shall be finished in a powder coat paint in either Federal APD Safety Yellow or Federal APD White (as specified) for maximum visibility and safety. Othercolorsshall be available when specified. d. Exterior operator controls shall be clearly laid out with easy-to-follow instructions, visual display and push bunon controls. e. The device shall provide an illuminated "Pay Here" sign and Change/Receipt tray for nighttime operation. 6. Mechanical a. TheSST Automatic Pay Station shall read and validate magnetic stripe parking tickets as well as produce receipts. b. The device shall allow patrons to terminate the cashiering transaction at any time prior to completing a transaction. e. The SST Automatic Pay Station shall provide an SST Transport Mechanism that contains magnetic read/write heads, and a self-aligning thermal printer. d. The SST Automatic Pay Station shall include a Coin Processing System that consists of the Coin Acceptor device, Coin Dispenser units, and an optional Coin Vault. e. The Coin Acceptor shall screen all coins or tokens of different values and sizes for validity. The device shall recognize the value of the coin, send the appropriate credit signal to the CPU, and route the coins to the appropriate Coin Dispenser or Coin Vault. f. The universal Coin Dispenser shall be largecapacitycoin units that collect and! or dispense metal currency. Theunits maybe programmable as either self-replenishing (coins stored in the dispenser), or so that coins are automatically sent to the Coin Vault. g. The optional Coin Vault shall provide storage for accepted coins once they are routed from the Coin Acceptor. h. The SST Automatic Pay Station shall include an optional Bank Note Handling System that consists of the Bank Note Acceptor, Bank Note Escrowunit, and the Bank Note Vault. I. The Bank NoteAcceptorshall accept up to ] 4 different bank note denominations (as progranlmed) in any of four ways of insertion. The device shall screen all currency for validity, recognize its value, send the appropriate credit signal to the CPU, and transport the notes to the Bank Note E~crow unit. J. The Bank Note Escrow unit shall temporarily store up to ] 4 bank notes so that they may be returned to the customer in event that a transaction is canceled. k. The Bank Note Vault shall accept bank notes transponed from the Bank Note Escrow unit. It shall stack the notes and provide a secure storage area for validated bank notes. I. The Bank Note Dispenser shall provide bank notes as change to the patron when the transaction is completed. The device shall have the capacity of storing] ,650 - 2,] 50 bank notes (dependant on condition). Dual Bank Note Dispenser unit~ shall be available when specified. m. The SST Automatic Pay Station shall offer an optional credit card processing s)'Stem. Distributed by: 42775 Nine Mile Road. Novi. Michigan 48375 . U.S.A. Tel: (248) 374-9600 . Fax: (248) 374-9610 Sales: (800) 521-9330 . Canada: (800) 331-9144 httpll:www.FederaIAPD.com @1999 Federal APD, Ine_ Subject to design and/or appearance modifications that are production standards at the time of shipment R30.C 10/97.8/99 MKv/WP AMANO McGANNs PARKING SOLUTIONS AG P-7800 ,\MANO I- -- Pay-On-Foot Central Pay Station Amano AGP-7800 automatic Central Pay Station (CPS) is designed as a fast pay-processing unit and is perfect for large-scale 24-hour operations. A large easy-to-read 15-inch flat panel color display and lighted guidance system leads users through easy-to-follow transactions enhanced with screen prompts and voice announcements. Transactions are faster and easier for the user-virtually eliminating long lines and delays. '4' ).... t.k c=J ...... ~r.t )., I ~..../... I, I -"-._-_.U FEATURES Ergonomic. customer-triendly, compact modular design ~ Large. easy-to-read 15-in. tlat panel display ~ Intuitive, easy-to-use lighted guidance system helps ~ patrons make fast transactions Superior deteclion/rejection technology ~ One-drop change tocation eliminates contusion ~ Accepts notes and coins. Faster. more reliabte electronic ~ self-replenishing coin system eliminates tubes with option for up to three recycling coin hoppers and a tourth non-recycling hopper Dispenses notes (up to 3), coins (up to 4). and receipts ~ Large, 8" receipt roll~aves labor. and improves security ~ Ethernet-based peripheral communications sub-system ~ Uninteffuptible power supply ~ Note storage in individual, lockable casselles ~ Scalable hardware/software ~ Multiple languages are programmable, ~ including English, French and Spanish REPRESENTED BY: @2007AmanoMcGann,lnc. All rights reserved. AGP7800LlT 11/07 SPECIFICATIONS COMPLIANCE CISP (Cardholder Information Security Program) compliant, validated by VISA. Meets ADA (Americans with Disabilities Act) and ANSI (American National Standards Institute) requirements. ELECTRICAL Power Source: , Power Consumption: 120VAC, 50/60HZ Average 60W, maximum 11 OOW AMBIENT ENVIRONMENT Temperature: 14" F to 1040 F (-100 C to 400 C) Relative Humidity: 10% to 90% (non-condensing) Automatic thermostat-controlled heaters and fan included HOUSING Height: Width: Depth: Construction: Cabinet Finish: Door Finish: Total Weigh\: 63.1" (1603 mm) 38.3" (973 mm) 27.2" (690 mm) Sheet steel housing, fiberglass front cover Textured powder coat finish (RAL #7032) Polyurethane paint on fiberglass Approximately 800 Ibs. (363 kg) TIME CONTROL Quartz oscillated, accurate within %3 seconds per week at 680 F to 860 F (200 C to 300 C) Perpetual calendar Programmable Daylight Saving Time adjustment ON/OFF-LINE OPERATION The model AGP-7800 may operate as a stand-alone unit utilizing the reporting functions of the pay station. On-Line Operation: Utilizes RS-485 communication with the parking management software host. Data sent from the pay station to the host PC includes individual transaction data, alarm and event messages. Data sent from the parking management software to pay station includes program data updates, time synchronization, backout ticket data and in/out of service status. SECURITY Multi-point safety lock system Access Lock: Secures the main locking mechanism utilizing a plug type lock to be removed in order to gain access to the inner lock. Inner Lock: Secures the pay station door utilizing a T-shaped key Intruder alarm Security locks on money handling compartments UNINTERRUPTlBLE POWER SUPPLY (UPS) Protects the pay station from poor quality AC line power. Protection is provided from surges, low voftage, high voftage and complete power failure. On power fail, UPS will initiate an emergency shutdown. If transaction is in progress, the transaction will be completed prior to shutting down, the display will go blank and the internal PC will power down. UPS also provides protection of software databases. Manulaelured by Amano Cincinnati, Inc. 's Ohio laclory. an ISO 9001:2000 regislered lacilily_ Specilicalions are approximate and are subjec/lo change without nolice. Ui approval does not apply to ZZ01240V AC, 50160 Hz C@ @ "rrnOW'll APf'n."""" AMANO McGANN@ Corporate Headquarters 651 Taft Street NE, Minneapolis, MN 55413 Tel: (612) 331-2020 www.amanomcgann.com III Cost Data Report D I I lor Schematic Design Report of Probable Construction Costs Basic Assumptions This report is based on design information contained in the LSA DESIGN INC City Submittal dated 3/37/08 and sup- plemented through the review process with HPC, Planning Commission, Parks Board, and adjacent property owners Trinity Lutheran Church, Rivertown Commons and The Lowell Inn. The degree of detail and accuracy of cost data contained in this document is consistent with the Schematic Design level of completeness contained in the documents. Escalation Costs are reflected in current costs, with no escalation included Bid Conditions The report is based on a competitive bid situation (minimum of 3 bidders) for all items of subcon- tracted work. It is also based on a minimum of 4-5 bids being received from General contractors Project Conditions The report is based on the site being ready for construction mobilization Fall 08 and with bidding late summer. A ten month construction period is anticipated. Items not included for this cost report Administrative costs Owner provided Testing and Inspections Utility company rebates Hazardous material removal and disposal Owner furnished and installed equipment Communication/data systems Contingencies Design Contingency - An allowance for undeveloped design details is included in this cost report and shown in the Summary. Construction Contingency - An allowance for unforeseen site or project construction conditions that may require change orders that arise during construction. Allowances Allowances have been assigned to some elements of the project that do not have information yet in place. The allowance is set based on previous projects and comparable systems as well as from the design team experiences. Civil Assumes information contained in the preliminary soil report which is available. Addition soil data will be required and anticipated to be completed following city project approval. This expanded report will be required to make final foundation and site design decisions. Stillwater Parking Ramp P# 07-24 15 t...b/2CC8 May 15, 2008 III Cost Data Report ~ D I \ I (j r Architectural Provisions for the impact of anticipated Lowell Inn Expansion and improvements within the Park- ing building are not fully identified and will need full resolution prior to Bidding and construction. Structural Mechanical Electrical Alternates There are several items incorporated into the design that can / should be considered as alternates that could serve as means to reduce the overall project cost if desired or needed. These items might also more appropriately be funded from other financial sources. Triangle Park Landscaping along 3rd Street Water feature at north side of structure next to Rivertown Commons Benches and Streetscape unit paving along 2nd Street The second elevator ( one would adequately serve the facility) Parking Equipment Security surveillance upgrades from base condition Lowell Inn improvements and accommodations ( timing of the expansion has impact on Parking Facility pricing) Cost Report Objective This report is intended to be used as a tool for decision making and managing costs during the design phase of the project. It has been prepared using industry contacts, experience and best judgment of a professional consultant. It is intended to reflect an amount comparable to what would be the low bid of the project for the current design status and level of documentation as well as current market conditions. LSA Design, Inc. has no control over market conditions, wage rates, or any contactors method of determining prices or quantities. As a result LSA cannot and does not guarantee this Opinion of Cost Report will not vary from an actual bid. Stillwater Parking Ramp P# 07-24 15 tv'of 2CXl8 May 15, 2008 Stillwater Parking Building 1 Opinion of Probable Cost 5/15/2008 Prepared By LSA Design Inc Schematic Design $ / Space $/ GSF 1 DEMOLITION - SITE CLEARING $ 36,600 $ 116 $ 0.38 2 SITE DEVELOPMENT $ 711,429 $ 2,251 $ 7.36 Earthwork $ 381,000 Site Utilities $ 68,000 Concrete and Paving $ 105,000 Decorative Paving $ 74,000 Retaining Wall $ 7,800 Landscape and Irigation $ 30,129 Furniture $ 22,500 Rain Gardens $ 23,000 3 PARKING STRUCTURE $ 3,080,000 $ 9,747 $ 31.85 Foundaations Structure Facades 4 OTHER GENERAL CONSTRUCTION $ 474,800 $ 1,503 $ 4.91 Thermal and Mositure Protection $ 92,586 Doors Windows and Glazing $ 177,100 Finishes $ 171,878 Specialties - Signage $ 33,236 5 MECHANICAL - ELECTRICAL PLUMBING $ 395,000 $ 1,250 $ 4.08 6 SPECIAL SYSTEMS $ 370,000 $ 1,171 $ 3.83 Gates - Paystation $ 120,000 Security Survailance $ 50,000 Elevator $ 200,000 Sub Total CONSTRUCTION $ 5,067,829 $ 16,037 $ 52.41 TAXES AND INSURANCE $ 36,000 $ 114 $ 0.37 COST OF WORK $ 846,674 $ 2,679 $ 8.76 Permits and Fees Testing $ 86,500 General Conditions OH and Profit $ 304,070 Design Contingency $ 202,713 Construction Contingency $ 253,391 TOTAL CONSTRUCTION $ 5,950,503 $ 18,831 $ 61.54 PROFESSIONAL SERVICES A/E Fees CM /Construction Administration $ 505,600 $ 330,000 $ 175,600 APPROVING DEVELOPMENT CONTRACT WITH TRINITY LUTHERAN CHURCH AND 102 SECOND, LLC BE IT RESOLVED by the City Council of Stillwater, MN that the development contract between the City of Stillwater, Trinity Lutheran Church and 102 Second, LLC, as on file with the City Clerk, are hereby approved and authorizes the Mayor and City Clerk to enter into and sign said agreement. Adopted by the Stillwater City Council this 20th day of May, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 9th DRAFT: 05/15/08 DEVELOPMENT CONTRACT BETWEEN THE CITY OF STll..LW A TER AND TRINITY LUTHERAN CHURCH AND 102 SECOND, LLC. This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 telephone 651-439-5641 fax DEVELOPMENT CONTRACT TIllS AGREEMENT, dated as of the _ day of , 2008, between THE CITY OF STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and TRINITY LUTHERAN CHURCH, a Minnesota non-profit corporation, having its principal offices at 115 North 4th Street, Stillwater, Minnesota 55082 ("Trinity") and 102 Second, LLC, a Minnesota Limited Liability Company with principal offices at 102 North Second Street, Stillwater, Minnesota 55082 ("Lowell Inn") (together the "Developers"). WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and pursuant to the Minnesota Tax Increment Financing Act, Minn. Stat. ~469.174-469.179, as amended, the Council is authorized to finance the capital and administration costs of a development district with tax increment revenues derived from a tax increment financing district established within the development district; and WHEREAS, the Council of the City has established a development program (the "Program") pursuant to the Municipal Development Districts Act; and has established a development district (the "Development District") and Tax Increment Financing District No. 10 (the "Tax Increment District") pursuant to the Municipal Development Districts Act and the Minnesota Tax Increment Financing Act; and has prepared and approved a tax increment financing plan and a development district plan (the "Plan"); and WHEREAS, the major objectives of the Council in establishing the Development District are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land use, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, in order to achieve the objectives of the Program and Plan, the City is prepared to develop real property owned by it located in the District and conveyed to it by the Developers for the purposes set forth in this Agreement (such real property is more particularly described in Exhibit A to this Agreement), and to construct certain public improvements therefore; and WHEREAS, in order to achieve the foregoing the City has determined to finance the construction of certain Public Improvements through the sale of bonds; and the City believes that the development and redevelopment of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken and assisted; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1. DEFINITIONS Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.1. "Access Easement" means the driveway access that Trinity will grant to the City described in Exhibit D. 1.1.2. "Act" means the Municipal Development Districts Act, Minn. Stat. ~69.124 et seq., as amended. 1.1.3. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.4. "Assessed Market Value" or "Assessed Market Valuation" means the market value of real property as determined by the city assessor of the City in accordance with Minn. Stat. ~273.11 (or as finally adjusted by any assessor, board of equalization, commissioner of revenue, or any court). 1.1.5. "Bonds" means the City's General Obligation Tax Increment Bond, Series 2008A. The term "Bonds" shall also include any bonds or obligations issued to refund any Bonds. 1.1.6. "City" means the City of Stillwater, Minnesota. 1.1.7. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the City on the Redevelopment Property: (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector oftbe City, and (b) shall include at least the following for each building: (i) site plan; (ii) foundation plan; (Hi) floor plan for each floor; (iv) elevations (one side); (v) facade and landscape plan; and (vi) such other plans or supplements to the foregoing plans as the City may reasonably create. 1.1.8. "County" means the County of Washington, Minnesota 1.1.9. "Developers" collectively means Trinity Lutheran Church, a Minnesota non-profit corporation, and Richard J. Anderson and Judith M. Anderson. 1.1.10. "Development District" means Municipal Development District No. 1 created by the City. -2- 1.1.11. "Event of Default" means an action described in Section 7.1 of this Agreement. 1.1.12. "Existing Property" means Lot 9, except the south 44 feet thereof, Lots 8, 7 and the south 25 feet of Lot 6, Lot 19 and a fraction part of Lots 18 and 20, all in Block 19, Original Town (now City) of Stillwater. 1.1.13. "Holder" means the grantee under any Mortgage. 1.1.14. "Lowell Inn" means 102 Second, LLC, a Minnesota limited liability company. 1.1.15. "Lowell Inn Minimum Improvements" means the improvements described in Section 5.1 to be constructed on the area depicted on Exhibit E. 1.1.16. "Lowell Inn Parking Parcels" mean Lot 10 and the South 44 feet of Lot 9, Block 19, original Town (now City) of Stillwater, as described on Exhibit B. 1.1.17. "Lowell Inn Property" means Lots 11, 12 and 13, Block 19, Original Town (now City) of Stillwater. 1.1.18. "Maturity Date " means the date when the principal and interest on the Bonds are paid in full, which shall in no event be later than December 31, 2028. 1.1.19. "Minnesota Environmental Policy Act" means the statutes located at Minn. Stat. ~116D.Ol et seq., as amended. 1.1.20. "Minnesota Environmental Rights Act" means the statutes located at Minn. Stat. ~116B.Ol et seq., as amended. 1.1.21. "National Environmental Policy Act" means the federal law located at 42 D.S.C. ~4331 et seq., as amended. 1.1.22. "Net Bond Proceeds" means that amount of the Bonds remaining available to be spent by the City after deducting all expenses incurred by the City in connection with the Development District, the Tax Increment District, and this Agreement including, but not limited to, all amounts expended in connection with the issuance of the Bonds, all amounts used to pay interest on, fund a reserve for or sell at a discount the Bonds, and all administrative expenses as defined in the Tax Increment Act. 1.1.23. "Net Proceeds" means any proceeds paid by an insurer to an assignee or transferee of the Developer or the City under a policy or policies of insurance required to be provided and maintained by an assignee or transferee the Developers pursuant to ARTICLE 5 of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. - 3 - 1.1.24. "Old Methodist Church Property" means the West 50 feet of Lots 14 and 15 and the West Half (W ~) of Lot 16, except the easterly fifteen (E'ly 15') feet thereof, in Block 20, of the original Town (now City) of Stillwater, as described on Exhibit C. 1.1.25. "Parking Structure Property" means the property described on Exhibit A. 1.1.26. "Plan" means collectively the tax increment financing plan and the development district plan created in connection with the Program and the Development District. 1.1.27. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1. 1.28. "Public Improvements" means the demolition, site clearing and preparation, pollution abatement, and parking related facilities to be constructed by the City on the Parking Structure Property. 1.1.29. "Purchase Agreements" means the documents structuring the exchange of property described in the Agreement and attached as Exhibits B, C and D. 1.1.30. "Redemption Date" means the earliest date on which any Bonds may be redeemed and paid prior to full maturity. 1.1.31. "Redevelopment Property" means the real property described in Exhibit A of this Agreement, consisting of the Lowell Inn property to be conveyed by the Lowell Inn to the City, the Trinity Property to be conveyed by Trinity to the City, the existing City property to be devoted to parking purposes. 1.1.32. "State" means the State of Minnesota. 1. 1.33. "Tax Increment" means that portion of the real property taxes paid with respect to Tax Increment Financing District No. 10 which is remitted to the City as tax increment pursuant to the Tax Increment Act. 1.1.34. "Tax Increment Act" means the Tax Increment Financing Act, Minn. Stat. ~469.174-469.179, as amended. 1.1.35. "Tax Increment District" means the Tax Increment Financing District No. 10 created by the City Council in connection with the Development District. 1.1.36. "Tax Official" means any City or county assessor; County auditor; City, County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. 1.1.37. "Temporary Easement Area" means the temporary easement to construct that will be conveyed to the City by Trinity over Lot 16, Block 19, Original City, the east 90 feet of and described on Exhibit D. -4- 1.1.38. "Trinity Parking Parcel" means Lot 17 and that part of Lot 18, lying southerly of a line drawn southeasterly from the northwest comer of Lot 18 to a point on the east line of Lot 18, 25 feet southerly from the northeast comer, all in Block 19 original Town (now City) of Stillwater as described on Exhibit D. 1.1.39. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire or other casualty to the Minimum Improvements or Public Improvements" litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. ARTICLE 2. REPRESENTATION~ AND WARRANTIES: INTERPRETIVE RULE Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. Under the provisions of the Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of the Act. 2.1.3. The City has created, adopted, certified and approved the Tax Increment Financing District No. 10 pursuant to the Tax Increment Act. 2.1.4. To finance the costs of the activities undertaken by the City, the City proposes to use the proceeds of Bonds issued by the City and to pledge tax increment generated by the Tax Increment District to the payment of the principal of and interest on the Bonds. 2.1.5. The City will accept conveyances of the Lowell Inn Parking Parcel and the Trinity Parking Parcels and construct the Public Improvements upon the Parcels and the existing City property in accordance with the Plan and this Agreement. 2.1.6. The City will convey the Old Methodist Church Property on the terms and conditions described in ARTICLE 3 of this Agreement. 2.1.7. As an incentive to Trinity to convey the Trinity Parking Parcel for access to and construction of the parking facility, the City grants the following assurances to Trinity regarding City parking regulations as applied to anticipated future development of other Trinity property: (a) Credit. The public parking facility will be adjacent to other parcels owned by Trinity, generally described as the West 90 feet of Lots 14, 15 and 16, -5- Block 19, Original City. In view of the proximity of public parking to any proposed development on this parcel, the City hereby allows Trinity a credit against City parking requirements for this parcel of 40 parking spaces. (b) Access. The City covenants that direct access to this Trinity site will continue to be allowed from the City parking facility. Further, the City will allow, at Trinity's expense, minor changes to curbs and drive aisles, if needed, to facilitate the eventual development of this parcel. (c) Future Consideration. Consideration will be given by the City that the public parking facility will contribute toward satisfaction of the parking requirements with regard to future Trinity development on the Trinity Property on Myrtle Street between 3rd Street and 4th Street. (d) Parking Lot Maintenance and Availability. The City will maintain the Public Improvements as a public parking facility at a level of maintenance equal to other public parking facilities within the City. Maintenance will include snow plowing and removal, lighting, bituminous surface repair and striping. Further, in consideration of being allowed driveway access over Lot 16, Block 19, the City will provide this level of maintenance over the driveway access area and the adjacent parking areas owned by Trinity in Lot 16. (e) Establishment ofRa,tes. The City reserves the right to establish reasonable and non-discriminatory rates that will regulate the public use of the Parking property at times other than the times set forth in paragraph (g). The rate structure may include different rates for users by the hour, day, week or month, or a rate based upon volume of use, provided that the rates are customary and reasonable. (f) Free Use. (i) Parking Facility. The City covenants that it will maintain the parking facility as free and open to the General Public without any charges or rates during the following times: Each Sunday morning between 6:00 a.m. and 1 :00 p.m.; Christmas Eve beginning at 1 :00 p.m. until 12:00 p.m. Christmas Day; Good Friday, Easter Eve from 6:00 p.m. through 1 :30 a.m. and Easter Sunday. (ii) Adjacent Parking Lot. The City covenants that it will maintain approximately 16 parking stalls adjacent to 3rd Street and West of the gate of the Parking Facility free and open for public use. This covenant does not pertain to adjacent parking areas owned by Trinity. -6- (g) Reservation of Rights. The City reserves the right, upon petition or upon their own motion to declare a parking holiday during which the Parking Facility will be free and open for public use without charge. (h) Future Consideration. Upon expiration of the restriction on private use of the parking facilities as described in Section 9.1, the City will consider allowing Trinity periods of exclusive use of the Trinity Parking Parcel for Church events and Community celebrations. (i) Instruments of Conveyance. The City agrees to execute documents that will facilitate construction on adjacent property, including easements and party wall agreements and other lender requirements. (j) Assigns. . The rights hereby granted to Trinity by the City may be assigned to a transferee of the property described in paragraph (a) if the property is sold or transferred by Trinity for development or use by others. The City will execute documents to effectuate this Assignment. 2.1.8. As an incentive to the Lowell Inn to convey the Lowell Inn Parking Parcel for construction of the parking facility, the City grants the following assurances to the Lowell Inn regarding City parking regulations and anticipated future development of other Lowell Inn property. (a) Conference Room Space. The City will establish the south wall of the Parking Structure on the ground level of the Second Street elevation at approximately 27 feet north of the North Wall of the Main Lowell Inn Building to allow the Lowell Inn the right to construct, at its own expense, a meeting and conference room (Minimum Improvements) addition to the Lowell Inn upon the adjacent Lowell Inn Property. (b) Conveyances. The City will execute instruments of conveyance that will facilitate and allow construction of the Minimum Improvements, including easements, party wall agreements and other instruments that will allow the Minimum Improvements construction to be financed. ( c) Ac~ess. The City will allow the Lowell Inn, at its expense, to construct direct access from the Lowell Inn or the Conference Room to the Parking Structure, including connections by doors or walkways. (d) Guest Spaces. The City will establish rates or charges for Lowell Inn guest use of the spaces that will be at the rate established for the Public Use of the Parking Structure but that may be billed to the Lowell Inn periodically and at a bulk rate based upon the volume of their use. (e) Parking Lot Maintenance and Availability. The City will maintain the Public Improvements as a public parking facility at a level of maintenance equal to other public parking facilities within the City. Maintenance will -7- include snow plowing and removal, lighting, bituminous surface repair and striping. (f) Establishment of Rates. The City reserves the right to establish reasonable and non-discriminatory rates that will regulate the public use of the Parking property at times other than the times set forth in paragraph (g). The rate structure may include different rates for users by the hour, day, week or month, or a rate based upon volume of use, provided that the rates are customary and reasonable. (g) Free Use. (iii) Parking Facility. The City covenants that it will maintain the parking facility as free and open to the General Public without any charges or rates during the following times: Each Sunday morning between 6:00 a.m. and 1 :00 p.m.; Christmas Eve beginning at 1 :00 p.m. until 12:00 p.m. Christmas Day; Good Friday, Easter Eve from 6:00 p.m. through 1 :30 a.m. Easter Sunday. (h) Re~tion of Rights. The City reserves the right, upon petition or upon their own motion to declare a parking holiday during which the Parking Facility will be free and open for public use without charge. Section 2.2. Representations and Warranties by Trinity. Trinity represents and warrants that: 2.2.1. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which Trinity is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.2. Trinity will convey the Trinity Parking Parcel to the City on the terms and conditions described in ARTICLE 3 of this Agreement. Section 2.3. R~resentations and Warranties by Lowell Inn. Lowell Inn represents and warrants that: 2.3.1. Lowell Inn will construct, the Lowell Inn Minimum Improvements in accordance with the terms of this Agreement, the Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations), except for variances necessary to construct the improvements contemplated in the Construction Plans approved by the City. 2.3.2. At such time or times as will be required by law, Lowell Inn will have complied with all applicable local, state and federal environmental laws and regulations, -8- and will have obtained any and all necessary environmental reviews, licenses or clearances. As of the date of execution of this Agreement, the Developers have received no notice or communication from any local, state or federal official that the activities of the Developers or the City in the Development District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Developers have received no written notice that it is in violation of any local, state or federal environmental law, regulation or review procedure. 2.3.3. Lowell Inn will use best efforts to construct the Minimum Improvements in accordance with all applicable local, state or federal energy-conservation laws or regulations. 2.3.4. Lowell Inn will use reasonable efforts to obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. 2.3.5. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the tenns and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which Lowell Inn is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.3.6. Lowell Inn agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Developers, its officers, employees, agents or contractors in connection with the construction, installation, ownership or operation of the Lowell Inn Minimum Improvements. 2.3.7. Lowell will convey the Lowell Inn Parking Parcel to the City on the terms and conditions described in ARTICLE 3 of this Agreement. ARTICLE 3. CONVEYANCE AND ACOUISITIQN OF PARJONG PARQLS Section 3.1. Acquisition of Trinity Parking Parcel and Lowell Inn Parking Parcel. As of the date hereof and the execution of this Agreement, Trinity and the Lowell Inn will convey to the City and the City will accept conveyances of the Trinity Parking Parcel and Lowell Inn Parking Parcel, and the City will convey to Trinity and Trinity will accept the conveyances of the Old Methodist Church Property, provided that neither the City nor the Developers are then in default under this Agreement. Section 3.2. Time of Conveyances. -9- 3.2.1. Ifno Event of Default has occurred (or if an Event of Default has occurred but has been cured) the conveyance to the City shall occur: (a) on the day of , 2008; or (b) on or before the date the City issues its Bonds for the purpose of funding the construction of the Public Improvements; or ( c) on such other date as the City and the Developers mutually agree in writing. 3.2.2. Unless otherwise mutually agreed by the City and the Developers, the execution and delivery of all deeds shall be made at the principal offices of the City. 3.2.3. The Conveyances will be governed by the Purchase Agreements described as follows: Exhibit B (Lowell Inn Parking Parcel); Exhibit C (Old Methodist Church Property); and Exhibit D (Trinity Parking Parcel). Section 3.3. Purchase Price. 3.3.1. The purchase price to be paid to Trinity by the City in exchange for the Trinity Parking Property Deed will be $1.00. The purchase price to be paid to the Lowell Inn by the City in exchange for the Lowell Inn Parking Property Deed will be $1.00. The purchase price to be paid to the City by Trinity for the Old Methodist Church Property will be $1.00. Section 3.4. Reconveyance. In the event that construction of the public improvements has not commenced by June 1, 2009, the parties agree that in each instance the property described in this ARTICLE will be reconveyed to the other in order that each party be restored to its ownership before any conveyances. ARTICLE 4. CI1Y PUBLIC; IMPROVEMENTS Section 4.1. Public Improvements. In addition to its other undertakings pursuant to this Agreement, the City will undertake the construction of the Public Improvements upon the Parking Property. The Public Improvements will generally consist of demolition of any buildings and other abandoned improvements on the site, the clearing of the site, the removal and abatement of hazardous material, and the construction of a parking ramp on the site that shall have approximately 300 parking spaces, and such other improvements or expenditures for public improvements as may, in the opinion of the City's fiscal consultant and legal counsel, be paid using net tax increment bond proceeds available from the sale of a Tax Exempt Tax Increment Bond that will be sold for the purpose of financing the Public Improvements. (a) Incidental Improvements. In order to complete the Public Improvements it will be necessary for the City to grade and resurface an area owned by - 10- Trinity in order to gain access to the Public Improvements, and over which the City has obtained an easement (Temporary Easement Area). Section 4.2. Excess Costs. The City will pay all costs associated with demolishing the buildings, removing any underground tanks therefrom, constructing the parking ramp thereon and making the parking ramp available for public use. In the event that the cost of construction of the parking ramp according to the approved plans, together with any amounts already spent by the City pursuant to the preceding sentence, exceeds the Net Bond Proceeds (the "Excess Costs"), the City shall have the right to suspend construction of the parking ramp until such time as tax increment from the District is accumulated, in a fund created and maintained by the City for the purpose, in an amount sufficient not only to meet debt service on the Bonds but to pay the cost of completing the parking ramp according to the approved plans. Section 4.3. Commencement and Completion of Public Improvements. The City will commence construction of the Public Improvements within thirty (30) days after award of a contract for construction of the Public Improvements, or on such other date as the parties agree. The City will substantially complete the construction, subject to conditions set forth in Section 4.2, by , 2009 unless prevented from doing so by order of court or due to circumstances beyond its control. Section 4.4. Hold Harmless. The City will indemnify and hold harmless the Developers from claims or losses that arise out of the operation and public use of the Parking Facility and the City assumes the risk in the same manner and on the same terms as it is obligated to assume in other public parking facilities and lots within the City. ARTICLE 5. CONSTRUCTION OF LOWELL INN MINIMUM IMPROVEMENTS Section 5.1. Construction of Lowell Inn Minimum IlI\Provements. Lowell Inn agrees that it will construct the Lowell Inn Minimum Improvements on the Lowell Inn Property in accordance with the approved Construction Plans. In general, the Minimum Improvements will consist of a conference center to be constructed on the area described on Exhibit E. It is anticipated that the Minimum Improvements will be constructed in conjunction with and during the same general time period as the construction of the Public Improvements. Section 5.2. Construction Plans. 5.2.1. The Lowell Inn will submit to the City "Preliminary Plans," consisting of floor plans and sketches of the exterior and interior of the proposed Minimum Improvements which illustrate the size and character of the proposed improvements. 5.2.2. In a timely manner, the Lowell Inn will submit Construction Plans to the City. The Construction Plans must provide for the construction of the Minimum Improvements and must be in conformity with the Program, this Agreement, the Preliminary Plans, and all applicable state and local laws and regulations. The City must approve the Construction Plans in writing within 30 days, if, in the reasonable discretion of the City: - 11 - (a) The Preliminary Plans and the Construction Plans must have a Design Review Permit as issued by the Heritage Preservation Commission; (b) the Construction Plans are consistent with the Preliminary Plans and conform to the terms and conditions of this Agreement; ( c) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; and (d) the Construction Plans conform to any conditions of approval contained in any zoning permit issued by the City. 5.2.3. If Lowell Inn desires to make any change in the Construction Plans after their approval by the City, the Lowell Inn shall submit the proposed change to the City for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 5.2 of this Agreement with respect to the previously approved Construction Plans, the City shall approve the proposed change and notify the Developers in writing of its approval. The change in the Construction Plans must, in any event, be deemed approved by the City unless rejected, in whole or in part, by written notice by the City to Lowell Inn, setting forth in detail the reasons therefor. The rejection must be made within ten (10) days after receipt of the notice of a change. Section 5.3. Commencement and Completion of Construction. Lowell Inn must coordinate construction of the Lowell Inn Minimum Improvements. All work with respect to the Minimum Improvements to be constructed or provided by the Developers on the Redevelopment Property shall be in conformity with the Preliminary Plans and Construction Plans as submitted by the Developers and approved by the City. Until construction of the Lowell Inn Minimum Improvements has been completed, Lowell Inn must make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of the Lowell Inn with respect to the construction. Section 5.4. Certificate of Completion. 5.4.1. Promptly after substantial completion of the Lowell Inn Minimum Improvements in accordance with the Construction Plans the City will furnish Lowell Inn with an appropriate instrument so certifying. The certification by the City shall be a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of Lowell Inn, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. The certification and the determination will not constitute evidence of compliance with or satisfaction of any obligation of Lowell Inn to any Holder of a Mortgage, or any holder of a Mortgage securing money loaned to finance the Minimum Improvements, or any part thereof. This Certificate will be in a form attached as Exhibit F. - 12- ARTICLE 6. TAX INCREMENT Section 6.1. Tax Increment Certification. The City has established Tax Increment District No. 10 within the Development District and the county auditor of the County has certified the Assessed Market Value of all taxable real property in the Development District pursuant to Minn. Stat. ~469.177, Subd. 6. The City pledges and appropriates so much of the tax increment generated by the District in any year to the payment of principal of, premium, if any, and interest due on the Bonds in a year. ARTICLE 7. EVENTS OF DEFAULT Section 7.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events that remains uncured after 30 days written notice to the defaulting party of the event; provided, however, that if such default is of a nature which cannot reasonably be cured within 30 days, the defaulting party shall be given an additional reasonable period of time to cure, provided the defaulting party commences the cure within such 30 day period and thereafter prosecutes such cure with reasonable diligence. 7.1.1. Failure by a party to make a conveyance of land pursuant to the terms, conditions and limitations of this Agreement. 7.1.2. Failure by a party to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed hereunder. 7.1.3. Any party: (a) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; (b) makes an assignment for the benefit of its creditors; ( c) admits in writing its inability to pay its debts generally as they become due; or (d) is adjudicated bankrupt or insolvent. 7.1.4. The City fails to maintain the Public Improvements or to make the Public Improvements available pursuant to the terms, conditions and limitations of ARTICLE 4 of this agreement. Section 7.2. Remedies on Defa\llt. Whenever any Event of Default referred to in Section 7.1 of this Agreement occurs, a party may take anyone or more of the following actions: - 13- 7.2.1. Suspend its performance under the Agreement until it receives assurances that the other party will cure its default and continue its performance under the Agreement. 7.2.2. Take whatever action, including legal or administrative action, which may appear necessary or desirable, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant contained in this Agreement. ARTICLE 8. ADDmONAL PROVISIONS Section 8.1. City Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developers, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developers or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 8.2. Equal Employment Opportunity. The Developers, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non~discrimination and ~rrmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 8.3. Restrictions on Use. Lowell Inn agrees that the Lowell Inn Property will not be used for any use which is not specified in the plan, this agreement, the zoning ordinance and any condition of approval of any zoning permit. Section 8.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 8.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally as follows: If to Trinity: Trinity Lutheran Church 115 North 4th Street Stillwater, Minnesota 55082 If to Lowell Inn: 102 Second, LLC Attn: Richard J. and Judith M. Anderson ~ 14- 102 North 2nd Street Stillwater, MN 55082 If to City: City of Stillwater Attn: Larry D. Hansen 216 North 4th Street Stillwater, Minnesota 55082 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 8.7. Countetparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. ARTICLE 9. TERM Section 9.1. The restrictions on private use of the Public Improvements contained in this Agreement will terminate upon the maturity date of the Bonds or earlier if the Bonds are redeemed prior to maturity. Section 9.2. The remaining covenants, warranties and conditions will remain in effect for the life of the Public Improvements. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developers has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk - 15 - DEVELOPERS: TRINITY LUTHERAN CHURCH, a Minnesota non-profit corporation By Its 102 SECOND, LLC, a Minnesota Limited Liability Company By Its By Its STATE OF MINNESOTA ) ) S8. COUNTY OF W ASIDNGTON ) On this _ day of . 2008, before me, a Notary Public within and for said County, appeared Ken Harycki, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF W ASIDNGTON ) The foregoing instrument was acknowledged before me this _ day of , 2008, by . the , duly authorized agent for TRINITY LUTHERAN CHURCH, a Minnesota non-profit corporation, the Developer. Notary Public - 16. STATE OF MINNESOTA ) ) ss COUNTY OF W ASIDNGTON ) The foregoing instrument was acknowledged before me this 2008, by and , the duly authorized agents for 102 Second, LLC, the Developer. day of Notary Public This Instrument Drafted By: David T. Magnuson (#66400) Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 main 651-439-5641 fax - 17- EXHIBIT A South 25 feet of Lot 5, Lots 6 through 10, Lots 17 through the South 25 feet of Lot 21, all in Block 19 of the original Town (now City) of Stillwater. EXHIBIT B PURCHASE AGREEMENT This Agreement is made as of . 2008, between the CITY OF STILLWATER, a Minnesota municipal corporation ("Buyer") and 102 SECOND, LLC, a Minnesota limited liability company ("Seller"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, property legally described on the attached Exhibit "A". 2. Purchase Price and Manner of Payment. The purchase price to be paid for the Property is One and nollOOths Dollars ($1.00) (the "Purchase Price"). 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following which must occur on or before the dates herein set forth: (a) Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the date of Closing as if made on the date of Closing as defined in Section 4 below. (b) Title. Title must have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (c) Access and Inspection. Seller must have allowed Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing. Buyer must pay all costs and expenses of any investigation and testing, must restore the Property, and must hold Seller and the Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer must have been satisfied with the results of all tests and investigations performed by it. (d) Survey. Buyer waives any request that the Seller provides a survey. ( e) Seller is not in default of a Development Agreement made between the parties and others on the day of ,2008. (f) Contingency Periods. If any contingency listed above has not been satisfied within its respective contingency period as indicated above, then this Agreement may be terminated by written notice from Buyer to Seller. Upon termination of this Agreement pursuant hereto, all Earnest Money shall be refunded to Buyer. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") will occur on a business day no later than thirty (30) days after satisfaction of all contingencies set forth in Section 3 Contingencies. Seller agrees to deliver possession of the Property to Buyer at the Closing. (a) S~ller's Closing Documents. On the date of Closing, Seller will execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"): (i) Deed. A Warranty Deed conveying the Property to Buyer. (ii) Well Certificate. A Certificate signed by Seller warranting that there are no "Wells" on the Property within the meaning of Minn. Stat ~1031 or, if there are ''Wells'', a Well Certificate in the form required by law. (iii) Other Documents/Payments. All other documents reasonably necessary to transfer the Property to Buyer. (iv) Buyer's Obligation. On the date of Closing, Buyer will deliver to Seller funds and the bonds representing the Purchase Price. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding the Agreement. (a) Title Insurance and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all costs and premiums for an owner's Title Policy, if any, and any fees or charges imposed by any closing agent or company. (b) Deed Tax. Seller will pay all state deed tax payable in connection with this transaction. ( c) Real Estate Taxes and Special Ass~ssments. Real Estate Taxes, if any, payable in the year in which Closing occurs will be prorated based upon the date of Closing. Special Assessments, whether pending or levied, must be paid by the Seller at Closing. 6. Title Examination. Title Examination will be conducted as follows: (a) Seller's Title Evidence. Seller must, within thirty (30) days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for AL T A Form B 1970 Owner's Policy of Title Insurance insuring title to the Property subject to standard exceptions in the amount of the Purchase Price. (b) Buyer's Objections. Within 30 days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents of the Title Commitment. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on the Title Commitment and not objected to by Buyer will be a permitted encumbrance hereunder. Seller will have 100 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. If the Objections are not cured within the 100 day period, Buyer's only remedies will be the following: -2- (i) Terminate this Agreement and receive a refund of all Earnest Money and accrued interest thereon; or (ii) Waive the objections and proceed to Closing. 7. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the date of Closing, Seller will operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance. Seller will execute no contracts, leases or other agreements regarding the Property that are not terminable on or before the date of Closing without the prior written consent of Buyer, which consent may be withheld by Buyer at its sold discretion. 8. Operations after the Closing. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: (a) Environmental Issues. Neither Seller nor any agent acting on behalf of Seller has made any representations or warranty concerning any environmental or physical aspect of the Property, and the Buyer is relying solely upon its own inspection, investigation and review. 10. Broker's Commission. Seller and Buyer represent to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnify and hold each other harmless from all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any fees or commissions incurred by the other party, including attorney's fees. 11. Survival. All of the terms of this Agreement and warranties and representations herein contained will survive and be enforceable after the Closing. 12. Notices. Any notice required or permitted will be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, Property addressed as follows: If to Seller: 102 Second, LLC Richard 1. Anderson and Judith M. Anderson 102 Second Street Stillwater, MN 55082 -3- If to Buyer: City of Stillwater Attn: Larry D. Hansen 216 North 4th Street Stillwater, MN 55082 Notices will be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of the change. 13. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 14. Remedies. If Seller default in their obligations with respect to title in Section 6, then Buyer's sole remedy will be return of the Earnest Money and accrued interest thereon. If Seller defaults in any other obligations under this Agreement, Buyer may terminate this Agreement and recover its Earnest Money from Seller, or bring an action in the District Court of Washington County, Minnesota, for specific performance of the Agreement. IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the date frrst written above. BUYER: CITY OF STILLWATER By (SEAL) Ken Harycki, Its Mayor and Diane F. Ward, Its City Clerk -4- SELLER: 102 SECOND, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF W ASIDNGTON ) On this _ day of , 2008, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILLWATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF W ASIDNGTON ) On this day of , 2008, before me, a Notary Public within and for said County, appeared , , of 102 SECOND, LLC, a Minnesota limited liability company, who, being duly sworn, did say that he is the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public -5- EXHIBIT A Lot 10 and the South 44 feet of Lot 9, Block 19, Original City of Stillwater, according to the plat thereof " . EXHIBIT C PURCHASE AGREEMENT This Agreement is made as of , 2008, between the CITY OF STILLWATER, a Minnesota municipal corporation ("Buyer") and TRINITY EVANGELICAL LUTHERAN CHURCH, a Minnesota non-profit corporation ("Seller"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, property legally described on the attached Exhibit "A". 2. Purchase Price and Manner of Payment. The purchase price to be paid for the Property is One and nollOOths Dollars ($1.00) (the "Purchase Price"). 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following which must occur on or before the dates herein set forth: (a) Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the date of Closing as if made on the date of Closing as defined in Section 4 below. (b) Title. Title must have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (c) Access and Inspection. Seller must have allowed Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing. Buyer must pay all costs and expenses of any investigation and testing, must restore the Property, and must hold Seller and the Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer must have been satisfied with the results of all tests and investigations performed by it. (d) Survey. Buyer waives any request that the Seller provides a survey. (e) Seller is not in default of a Development Agreement made between the parties and others on the _ day of , 2008. (t) Contingency Periods. If any contingency listed above has not been satisfied within its respective contingency period as indicated above, then this Agreement may be terminated by written notice from Buyer to Seller. Upon termination of this Agreement pursuant hereto, all Earnest Money shall be refunded to Buyer. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") will occur on a business day no later than thirty (30) days after satisfaction of " , " all contingencies set forth in Section 3 Contingencies. Seller agrees to deliver possession of the Property to Buyer at the Closing. (a) Seller's Closing Documents. On the date of Closing, Seller will execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"): (i) Deed. A Warranty Deed conveying the Property to Buyer. (ii) Well Certificate. A Certificate signed by Seller warranting that there are no "Wells" on the Property within the meaning of Minn. Stat ~ 1031 or, if there are "Wells", a Well Certificate in the form required by law. (Hi) Other DocumentsIPayments. All other documents reasonably necessary to transfer the Property to Buyer. (iv) Buyer's Obligation. On the date of Closing, Buyer will deliver to Seller funds and the bonds representing the Purchase Price. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding the Agreement. (a) Title Insurance and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all costs and premiums for an owner's Title Policy, if any, and any fees or charges imposed by any closing agent or company. (b) Deed Tax. Seller will pay all state deed tax payable in connection with this transaction. (c) Real Estate Taxes and Special Assessments. Real Estate Taxes, if any, payable in the year in which Closing occurs will be prorated based upon the date of Closing. Special Assessments, whether pending or levied, must be paid by the Seller at Closing. 6. Title Examination. Title Examination will be conducted as follows: (a) Seller's Title Evidence. Seller must, within thirty (30) days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for AL T A Form B 1970 Owner's Policy of Title Insurance insuring title to the Property subject to standard exceptions in the amount of the Purchase Price. (b) Buyer's Objections. Within 30 days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents of the Title Commitment. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on the Title Commitment and not objected to by Buyer will be a permitted encumbrance hereunder. Seller will have 100 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. If the Objections are not cured within the 100 day period, Buyer's only remedies will be the following: -2- (i) Terminate this Agreement and receive a refund of all Earnest Money and accrued interest thereon; or (ii) Waive the objections and proceed to Closing. 7. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the date of Closing, Seller will operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance. Seller will execute no contracts, leases or other agreements regarding the Property that are not terminable on or before the date of Closing without the prior written consent of Buyer, which consent may be withheld by Buyer at its sold discretion. 8. Operations after the Closing. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: (a) Environmental Issues. Neither Seller nor any agent acting on behalf of Seller has made any representations or warranty concerning any environmental or physical aspect of the Property, and the Buyer is relying solely upon its own inspection, investigation and review. 10. Broker's Commission. Seller and Buyer represent to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnify and hold each other harmless from all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any fees or commissions incurred by the other party, including attorney's fees. 11. Survival. All of the terms of this Agreement and warranties and representations herein contained will survive and be enforceable after the Closing. 12. Notices. Any notice required or permitted will be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, Property addressed as follows: If to Seller: Trinity Evangelical Lutheran Church 115 North 4th Street Stillwater, MN 55082 If to Buyer: City of Stillwater Attn: Larry D. Hansen 216 North 4th Street Stillwater, MN 55082 -3- " . .. Notices will be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of the change. 13. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 14. Remedies. If Seller default in their obligations with respect to title in Section 6, then Buyer's sole remedy will be return of the Earnest Money and accrued interest thereon. If Seller defaults in any other obligations under this Agreement, Buyer may terminate this Agreement and recover its Earnest Money from Seller, or bring an action in the District Court of Washington County, Minnesota, for specific performance of the Agreement. IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the date first written above. BUYER: CITY OF STILLWATER By (SEAL) KenHaryc~,Its~ayor and Diane F. Ward, Its City Clerk -4- SELLER: TRINITY EVANGELICAL LUTHERAN CHURCH, a Minnesota non-profit corporation By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF W ASIDNGTON ) On this _ day of , 2008, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILLWATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF W ASIDNGTON ) On this day of , 2008, before me, a Notary Public within and for said County, appeared , , of TRINITY EVANGELICAL LUTHERAN CHURCH, a Minnesota non-profit corporation, who, being duly sworn, did say that he is the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public - 5 - EXHIBIT A Lot 17 and that part of Lot 18 lying south of a line drawn from the northwest comer of Lot 18 to a point on the east line of Lot 18 that is 25 feet south of the northeast comer of Lot 18, And A temporary easement to construct a municipal parking lot over Lot 16, to expire six months after completion of the adjacent Parking Facility, And An appurtenant easement for access from 3rd Street to a municipal parking facility to be constructed on Lots 17 and part of Lot 18, all in Block 29, Original City of Stillwater, according to the plat thereot: the legal description of this access easement to be finalized and memorialized in a recordable easement once construction of the adjacent Parking Facility is complete and landscaping and traffic patterns are established. EXHIBIT D PURCHASE AGREEMENT This Agreement is made as of , 2008, between TRINITY EVANGELICAL LUTHERAN CHURCH, a Minnesota non-profit corporation ("Buyer") and the CITY OF STILLWATER, a Minnesota municipal corporation ("Seller"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, property legally described on the attached Exhibit" A". 2. Purchase Price and Manner of Payment. The purchase price to be paid for the Property is One and no/l00ths Dollars ($1.00) (the "Purchase Price"). 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following which must occur on or before the dates herein set forth: (a) Rq>resentations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the date of Closing as if made on the date of Closing as defined in Section 4 below. (b) Title. Title must have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (c) Access and Inspection. Seller must have allowed Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing. Buyer must pay all costs and expenses of any investigation and testing, must restore the Property, and must hold Seller and the Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer must have been satisfied with the results of all tests and investigations performed by it. (d) Survey. Buyer waives any request that the Seller provides a survey. ( e) Seller is not in default of a Development Agreement made between the parties and others on the _ day of , 2008. (f) Contingency Periods. If any contingency listed above has not been satisfied within its respective contingency period as indicated above, then this Agreement may be terminated by written notice from Buyer to Seller. Upon termination of this Agreement pursuant hereto, all Earnest Money shall be refunded to Buyer. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") will occur on a business day no later than thirty (30) days after satisfaction of , . . all contingencies set forth in Section 3 Contingencies. Seller agrees to deliver possession of the Property to Buyer at the Closing. (a) Seller's Closing Documents. On the date of Closing, Seller will execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"): (i) ~. A Warranty Deed conveying the Property to Buyer. (ii) Well Certificate. A Certificate signed by Seller warranting that there are no "Wells" on the Property within the meaning of Minn. Stat ~ 1 031 or, if there are "Wells", a Well Certificate in the form required by law. (iii) Other DocumentslPayments. All other documents reasonably necessary to transfer the Property to Buyer. (iv) Buyer's Obligation. On the date of Closing, Buyer will deliver to Seller funds and the bonds representing the Purchase Price. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding the Agreement. (a) Title Insurance and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all costs and premiums for an owner's Title Policy, ifany, and any fees or charges imposed by any closing agent or company. (b) Deed Tax. Seller will pay all state deed tax payable in connection with this transaction. (c) Real Estate Taxes and Special Assessments. Real Estate Taxes, if any, payable in the year in which Closing occurs will be prorated based upon the date of Closing. Special Assessments, whether pending or levied, must be paid by the Seller at Closing. 6. Title Examination. Title Examination will be conducted as follows: (a) Seller's Title Evidence. Seller must, within thirty (30) days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for AL T A Form B 1970 Owner's Policy of Title Insurance insuring title to the Property subject to standard exceptions in the amount of the Purchase Price. (b) Buyer's Objections. Within 30 days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents of the Title Commitment. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on the Title Commitment and not objected to by Buyer will be a permitted encumbrance hereunder. Seller will have 100 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. If the Objections are not cured within the 100 day period, Buyer's only remedies will be the following: -2- . . (i) Terminate this Agreement and receive a refund of all Earnest Money and accrued interest thereon; or (ii) Waive the objections and proceed to Closing. 7. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the date of Closing, Seller will operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance. Seller will execute no contracts, leases or other agreements regarding the Property that are not terminable on or before the date of Closing without the prior written consent of Buyer, which consent may be withheld by Buyer at its sold discretion. 8. Operations after the Closing. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: (a) Environmental Issues. Neither Seller nor any agent acting on behalf of Seller has made any representations or warranty concerning any environmental or physical aspect of the Property, and the Buyer is relying solely upon its own inspection, investigation and review. 10. Broker's Commission. Seller and Buyer represent to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnify and hold each other harmless from all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any fees or commissions incurred by the other party, including attorney's fees. 11. Survival. All of the terms of this Agreement and warranties and representations herein contained will survive and be enforceable after the Closing. 12. Notices. Any notice required or permitted will be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, Property addressed as follows: If to Seller: City of Stillwater Attn: Larry D. Hansen 216 North 4th Street Stillwater, MN 55082 If to Buyer: Trinity Evangelical Lutheran Church 115 North 4th Street Stillwater, MN 55082 -3- t ., Notices will be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of the change. 13. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 14. Remedies. If Seller default in their obligations with respect to title in Section 6, then Buyer's sole remedy will be return of the Earnest Money and accrued interest thereon. If Seller defaults in any other obligations under this Agreement, Buyer may terminate this Agreement and recover its Earnest Money from Seller, or bring an action in the District Court of Washington County, Minnesota, for specific performance of the Agreement. IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the date fIrst written above. SELLER: CITYOFS~LWATER By (SEAL) Ken Harycki, Its Mayor and Diane F . Ward, Its City Clerk BUYER: TRINITY EVANGELICAL LUTHERAN CHURCH By: Its: -4- I " STATE OF MINNESOTA ) ) ss. COUNTY OF W ASIDNGTON ) On this _ day of . 2008, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILLWATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF W ASIDNGTON ) On this day of , 2008, before me, a Notary Public within and for said County, appeared . . of TRINITY EVANGELICAL LUTHERAN CHURCH, a Minnesota non-profit corporation, who, being duly sworn, did say that he is the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public - 5 - ". , EXHIBIT A The west fifty (50) feet of Lots Fourteen (14) and Fifteen (15) and the west one-half (W 1/2) of Lot Sixteen (16), except the easterly Fifteen feet (E 15'), Block 20, Original Town (now City) of Stillwater, as surveyed and platted and now on file in the Office of the Registrar of Deeds of Washington County, Minnesota. EXHIBIT E &2'-:2>" &"-IZ>" 6"-11Z>" '" -' - --------0-------- -- Center- Space { { ~ N = ~ ::: .. 0 w ... :!: ::: .. N W .. .. w ::: \ .. ~ .. - .. ~ ~ o ~ ::: ::: ;:; ::: ~ c'" ,. ~ --.------- ~ ;; ~ ;;: { :::: :;: N !:! N ;;; N 0 ~ { N ~ N ::l N :;: '~ - 0- o ::0 :I> ::IE Z '" "- '" "- o Q) 1-3 ~, o ~ C;'J '~ tz:j tz:j z ~ tz:j o rn o o o t::1 ~ tz:j .:-r":-~';:":"-~ ....~~:...:-,....-.- 1('"l.0; r . ~ \UUU~ ::;nr:\ , i: I '.."" j. ':'=1 .:~( " O':lv ,0; ~li M-I J.J::r"o {) "", rr. '<> ; ~r V~Ji -'-1 I 1-3 I I ' . if Di I nIl _._. ) lub~J) :: L 'fi ';-'-'~ ;;1 L :i~_.I\ il :~t;.". r:~ I -, II '-- J; :::!.,' '-1...r----J i !, -..-- I Ii i __')' II ("".....;-.-1 II L .-_=::.1J I -...-....- ,. II;'" . ~J II' c=D ':=J1L.......... ---, ~n; 'i ! ! ~~ )~ '[ ~t!J' L.'''-' , '--'-} ! i I j ! i r:~ ........1 ' il r I i ! I,) ""\. "II"" It .--:~"""" I r i lic~t~-J II J~ I !i: l j !i:~~__.. i: [) i I.., I ,~ ~ H..___ _______, L---..."", -. le'- i , " I - i' ,-L-=:::: c...--=....-J r \\! L ' r;:.., ; 'b T/ f I ;_~ ....~ Cy iOH ---",)-!."! .il - ....-1 ; --.) [r.... i'~; I L J C ;:glr- ~ l.r~~1 I ; l 'i~1 I 1 \ \ __j \ C-. I ~ ~\r "/ f- "x\ 'L..,JI.1 \~ \L ISJ.JL- - ....~..--._- f1 r . --~ i L. -----;;--., .fC .. ~ I ....--~. '! _..__~ G ~_) ---\._---- -.l ) "", L..__ 1111 ...... "'tl "'tl "'tl v fT1 fT1 fT1 ~ :::0 :::0 :::0 )> )> )> )> C") C") C") C") :::0 :::0 :::0 :::0 . fT1 fT1 fT1 fT1 fT1 fT1 fT1 fT1 ;;:: ;;:: ;;:: ;;:: fT1 fT1 fT1 fT1 Z Z Z Z -i -i -i -i z o --J en lJ1 N CD I :::0 o )> '" "'tl )> :::0 '" :J: -i (/) z z z 0 0 0 U) U) --J N N N OJ OJ 0 VI VI A A lJ1 0 0 (/) (/) )> -i -i '" .... .... r r "'tl r r )> :::e :::e :::0 )> )> '" -i -i fT1 fT1 :J: :::0 :::0 -i (/) !--:-.::.----:::.I fTl X I I---l OJ I---l ---j )> c....:> O':l o rn o o o t::1 ~ 1-3 ::c: c....:> O':l 1-3 ::c: z o ~ tz:j t'-l t'-l ~ tz:j (--"~..... ~ v..--..--------=-,,~. , f....., ____... j ~~.. ..--.,-- I, /"'" L_~' /::--'-;" <~_ _' i/" ,fI- .. ~ I (':I 0 ~ , i I ! l ._ m '.":~.:':_':~ [- J[ (~-.~::.::; .- l...J . C::::----1 ~r~=-~ .J I - p___\ ! l -,\-i ~ ' &----_... [~~\(:~\~ \11 '~ \~\) f[ ~~..;.' if i i i ! l O':l o M- ::r" rn 1-3 , f,,,-=:.-='m-i 'i . i .--J i i i i ! ! i i i I I i i. : j ; i i , i I [::~~~~:~~::Jr=y ---?-L_~ l (~-_.~ jpl :::, !~l ;~ ~ \: ''''7r. !~ \ \! '==? \._11 {'-u'~ " . '\..-.:::..~! ---"-'1. f! l~ i I -'-i R c:::lr.:::-;= . r- 11 ' I. i i ill I i r- ill : I ( \'/" " Ij i::. I \ I' I i: 'lr--- ,i , 1'1-'u, i [l( e-J I_~ ! I i------- _...j ill i t -.... L.._.._____.._ _) .....__-,:) 'r~--- L-r !,~'--- --; III J1 n 17__- i: r- ~ h,J i' 1i f "-';: lJ II i 1'1 r., -- fi -~ '-1 J !: ,..-....:.:;,...... l o ~ ~ t:'tj tz:j Z ~ tz:j . ...... [ 1 II....- ____:.r .- -.., .J 1-3 ::r: c....:> m ~ rn ::c: I-l Z o 1-3 o Z ~ tz:j r- I ~ o ~ tz:j tz:j t'-l trj ~ ~ trj ~ I EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF STILLWATER, MINNESOTA HELD: May 20, 2008 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on May 20, 2008, at 7 :00 P.M. for the purpose in part of authorizing the competitive negotiated sale of General Obligation Tax Increment Bonds, Series 2008B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2008B A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue its General Obligation Tax Increment Bonds, Series 2008B (the "Bonds"), the proceeds of which will be used to construct a municipal parking ramp in the City's Tax Increment Financing District No. 10 (a Redevelopment District), within Development District No.1, pursuant to Minnesota Statutes, Chapters 469 and 475; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting: Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 2176885vl '- \ 4. Official Statement. In connection with the sale, the City Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted this 20th day of May, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 2176885vl 2 ~ I' STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's General Obligation Tax Increment Bonds, Series 2008B. WITNESS my hand on May _, 2008. City Clerk 2176885vl 3 , " EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,345,000* CITY OF STILL WATER, MINNESOTA GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2008B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, June 17, 2008, until 10:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed BiddinJ!. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic BiddinJ!. Notice is hereby given that electronic proposals will be received via PARITY@. For purposes of the electronic bidding process, the time as maintained by PARITY@ shall constitute the official time with respect to all Bids submitted to P ARITY@. Each bidder shall be solely responsible for making necessary arrangements to access P ARIT~ for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY@ shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure * Preliminary; subject to change. 2176885vl A-I , , electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY@ shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITylID. The City is using the services of PARITY@ solely as a communication mechanism to conduct the electronic bidding for the Bonds, and P ARITY@ is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITylID, this Terms of Proposal shall control. Further information about PARITY@, including any fee charged, may be obtained from: PARITY@, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated July 1, 2008, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2009. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2009 $215,000 2010 $ 80,000 2011 $110,000 2012 $125,000 2013 $140,000 2014 $155,000 2015 $175,000 2016 $190,000 2017 $205,000 2018 $220,000 2019 $240,000 2020 $260,000 2021 $270,000 2022 $280,000 2023 $290,000 2024 $300,000 2025 $315,000 2026 $325,000 2027 $340,000 2028 $355,000 2029 $370,000 2030 $385,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offeredfor sale. Any such increase or reduction will be made in multiples of$5,000 in any of the maturities, In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof 2176885vl A-2 " ~ of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2019, and on any day thereafter, to prepay Bonds due on or after February 1,2020. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenues derived from the City's Financing District No. 10. The proceeds will be used to finance the construction of a municipal parking ramp in the City's Tax Increment Financing District No.1 0 (a Redevelopment District), within Development District No.1. TYPE OF PROPOSALS Proposals shall be for not less than $5,275,515 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $53,450, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The 2176885vl A-3 ; J Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1 % lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. 2176885vl A-4 " , '. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-l2 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 200 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 20, 2008 BY ORDER OF THE CITY COUNCIL /s/ Diane F. Ward Clerk 2176885vl A-5 ORDINANCE NO.:995 AN ORDINANCE AMENDING THE CITY CODE BY INCLUDING STORM WATER PROVISION IN NUISANCE REGULATIONS OF THE CITY THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendine:. Chapter 38 of the City Code entitled Nuisances is amended by adding the following to the definition ofa "Nuisance," found at Chapter 38-1, subd. 2(2): "ii. The depositing of any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. ''jj. The disposing of grass, leaves, dirt or other landscape debris into a water resource buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, wetland, flood control channel, canal, storm drain or any fabricated natural conveyance. "kk. The discharging of any non-storm water to the City storm water system discharge to street or storm drain system may occur. "11. The dumping or exposing of any chemical or septic waste in an area where discharge to streets or storm drain system may occur. "mm. The storing of objects, such as motor vehicle or parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials in areas susceptible to runoff or discharge to a storm water system." 2. Savine:s. In all other ways, the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this _ day of 2008. Ken Harycki, Mayor ATTEST: Diane F . Ward, City Clerk ORDINANCE NO.:996 AN ORDINANCE AMENDING THE CITY CODE BY CHANGING~31-525, ENTITLED "STORM WATER MANAGEMENT PRACTICES" THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendin2. (a) ~3l-525, subd. 6 (a) is amended by the addition of section (1) that will hereinafter read as follows: "(1) Projects within Carnelian-Marine-Saint-Croix or Browns Creek Watershed District must obtain watershed district permits as required. Projects within the jurisdiction of the Middle Saint Croix Watershed Management Organization (MSCWMO) must meet the requirements of the MSCWMO Watershed Management Plan. Projects within the MSCWMO meeting the full review requirements of the MSCWMO Plan will not be approved by the City until reviewed by the MSCWMO board." (b) ~3l-525, subd.6 (d) is amended by changing subparagraph d. to read as follows: "(d) Performance. Projects with public improvements must submit a cash deposit or letter of credit in the amount of 125% of the cost of construction. The City may draw on the cash deposit or letter of credit to correct erosion and sediment concerns not addressed within the timeframe established in this subsection or to correct any failure to comply with the requirements of the Minnesota Pollution Control Agency General Stormwater Permit for Construction. The letter of credit must guarantee completion and compliance with conditions within a specific time and may be extended in accordance with subsection (6)(b) of this subsection." (c) ~3l-525, subd. 7(t) is amended by changing subparagraph f. to read as follows: "(t) Site erosion control. (1) Projects meeting the requirements for a Minnesota Pollution Control Agency General Storm water Permit for Construction must supply a copy of the permit and the Storm Water Pollution Prevision Plan prior to beginning construction. (2) The following provisions shall apply to projects which require a grading permit pursuant to the City Code, but do not require a Minnesota Pollution Control Agency General Stormwater Permit for Construction: 1. No grading shall occur until downstream perimeter control is in place. Perimeter control may consist of sod strips, mulch berms, or silt fence. Catch basis inlet protection shall be placed in downstream catch basins prior to grading. 11. Silt fence must be dug in to prevent runoff from washing beneath the silt fence. Silt fence shall be cleaned out any time sediment reached 1/3 ofthe height of the silt fence. 111. Prior to beginning grading, an approved method for preventing vehicles from tracking soil onto public streets (i.e. rock construction entrance) shall be installed. IV. Any soil washed or tracked off site shall be removed within 24 hours. Any costs the City incurs in cleaning off-site sediment in place longer than 24 hours will be charged against the grading escrow required for the project. v. Erosion protection shall be provided on disturbed ground left inactive for 14 days. VI. Any soil stockpiles shall be surrounded with silt fence or covered with plastic. V11. Any slopes greater than 3: 1 shall be covered with sod, erosion control blanket, or an approved alternative. V111. The grading escrow will not be released until an inspection by the City demonstrates that there is no more potential for erosion, that restoration is completed, and that all temporary sediment and erosion control measures have been removed from the site." (d) ~31-525, subd. 7(j) is deleted with the remainder of the section renumbered. 2. SavinI!. In all other ways, the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 20th day of May, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk .... DATE: May 14, 2008 CASE NO.: NA APPLICANT: Greg Johnson, Director, Select Senior Living LANDOWNER: Lenard Huebscher REQUEST: Sketch Plan Discussion LOCATION: 12525 - 75th Street (Co. Rd. 12) COMPREHENSVIVE PLAN: SFSL, Single Family Small Lot ZONING: A-P, Agricultural Preservation HEARING DATE: NA PREP ARED BY: Bill Turnblad, Community Development Director ~ BACKGROUND Greg Johnson, Director of Select Senior Living, has submitted a request to discuss a Sketch Plan for a 5 acre parcel of property owned by Lenard Huebscher at 12525 - 75th Street (Co. Rd. 12). The property is situated on the south side of the road between Rutherford Elementary School and Grace Baptist Church. The proposed use of the property would be about a 100 unit facility for seniors. Seniors would be able to choose the level and number of services they would like, The units and facility would support independent living, assisted living, memory loss, and some hospice, A more complete explanation of the various care and living options are presented in the attachments from Mr. Johnson. COMMENTS The City Council has been asked by Mr, Johnson to informally discuss the sketch plan proposal. Some thoughts to consider: · The property is located within the City of Stillwater. Consequently an annexation is not necessary. · The Comprehensive Plan's future land use map guides the property for SFSL, Single Family Small Lot development. ,,4 Select Sr. Living Sketch Plan May 13, 2008 Page 2 of2 · The property is currently zoned A-P, Agricultural Preservation. So, in order to develop the land, a rezoning is necessary, · The two applicable zoning districts that are consistent with the SFSL designation are RB, Two-Family Residential and CR, Cottage Residential. · The RB Zoning District allows senior living facilities (nursing homes, and substantially similar uses) by Special Use Permit. The CR Zoning District does not currently allow for senior living facilities and therefore would neen an ordinance text amendment to allow the facility by SUP. · As can be seen from the attached air photo and maps, a portion of the property and a small portion of the building may lie within the shore land district of Long Lake. This needs to be verified by the developer. If the building lies within the shoreland district, an ordinance text amendment would be required because nursing homes are not currently allowed in the shoreland district. Also, impervious surface restrictions and other environmental standards are triggered if the building is located within the shoreland district. It may be easier to reconfigure the building a bit to avoid the shoreland district, if possible. · The Planning Corrunission made the following comments: o The proposed use seems fairly compatible with the surrounding neighborhood. o To increase the setback from the county road, it may be better to put the parking lot between the building and the road. However, this would definitely put the building in the shoreland district. o If the 5 acre property is developed, it will have to be done in a way that does not landlock the two residential properties to the south. o If the 5 acre parcel is developed without the two residential properties to the south, a lake shore PUD would probably no longer be possible. Consequently, density could not be transferred around the site. This would mean that the two residential properties would have to be developed with 20,000 square foot lots. Previously, when Elite Development was considering developing all of these properties, at least a portion of each of the two southern properties would have been developed with 10,000 square foot lots. RECOMMENDATION Discuss the Sketch Plan and comment on as many of the issues as possible to give the developer a general sense of the Council's view of the proposal. attachments: Zoning & Location Map Comp Plan Land Use Map Air photo & site layout Application materials r;Yeleet r;YeniffJc To The Stillwater Planning Commission; Thank you for the opportunity to discuss the potential of a senior care Campus in the City of Stillwater. Weare a small family owned company looking to build an assisted care Campus on five acres of land located on County Road 12 adjacent to the Rutherford Elementary School. This campus would contain approx. 100 unit's consisting of independent living, assisted living, memory care and potentially some Hospice. The Campus would have a Restaurant style dining room, a full commercial kitchen, community room and many other amenities. Our residents would enjoy a state of the art facility with daily activities and scheduled trips to local shopping and attractions. Our staff would consist of a full time 24 hour nurse, director, activities planner and several home health aids to assist in the daily care of our residents. We have created a business relationship with a local provider to oversee the daily activities and operations of our facilities. We anticipate a low level of traffic produced by our campus. Over two thirds of our residents do not drive. The residents that drive do so in a limited capacity, maybe one to two trips per day. We feel this type of use will have a limited impact on the traffic in the surrounding neighborhood. There is a strong need for this type of housing in our community. We feel the location of the site with its proximity to the school and church is excellent. County Road 12 has been identified a major artery in and out of the city. This building would otTer a nice transition for the properties to the south. We ask that you strongly consider this proposal and come to the meeting with as many questions as you can think of. We look forward to meeting with you in May. ~~~ 0~~ Greg Johnson Director ~ 12415 55th Street North * Lake Elmo, MN 55042 (651) 439-2414 - office * (651) 439-3254 - fax __1 (jl/eieet (jl/enirPJc Weekly Noontime Dinner # 1 Menu 4/20/08 TO 5/4/08 Seating Time: 12:00 p.m. to 1 :00 p.m. Monday Chicken Oscar Lasagna Rollotini W/Meat Sauce Tuesday Roast Beef Grilled Tuna Steak Wednesday London Broil Roast Game Hen Thursday BBQ Pork Ribs Chicken Cordon Roy Ale Friday Baked Scrod Cod Swiss Steak Saturday Sirloin Steak Baked Chicken Sunday Broiled Walleye Roast Turkey 12415 55th Street North * Lake Elmo, MN 55042 (651) 439-2414 - office * (651) 439-3254 - fax '"' (j?/ek~J; r;Jk7~ ~ Weekly Evening Supper #1 Menu 4/20/08 TO 5/4/08 Seating Time: 5:00 p.m. to 6:00 p.m. Monday Chicken Pattie Sand. Ham & Cheese Quiche Tuesday Monte Cristo Sand. Hamburger Tomato Goulash Wednesday Tater Tot Casserole Grilled Reuben Thursday Ham Salad on Light Rye Hot Roast Turkey Sandwich Friday Chicken Drummies Neptune Quiche Saturday Fish Filets Grilled Ham & Cheese Sunday Chicken Nuggets Pizza Burger 12415 55th Street North * Lake Elmo, MN 55042 (651) 439-2414 - office * (651) 439-3254 - fax .4 Select Senior Living of Coon Rapids Assisted Living Apartments Here at Select Senior Living we have tailored our assisted living to meet the individual needs of our residents. Our dedicated staffprovides our resident centered packages and the other comprehensive services listed below. Aoartment Monthlv Fees: Studio One Bedroom One BedroomlDen Two Bedroom Companion Suite 448 -- 529 Sq. Ft. 526 -- 801 Sq. Ft. 1147 Sq. Ft. 966 -' 1268 Sq. Ft. $2,579.00 - $2,641.00 $2,769.'00 - $3,085.00 $3,349.00 $3,559.00 -$3,659.00 $1979.00 - $2079.00 Aoartment Fees Include: · Nlirsihgcare management-. · Personal pendant call system. There will be a minimal charge for each use. · 7 day a week continental breakfast & lunch and dinner in dining room · Weekly housekeeping & linen change (approximate time of ~ hour) · All utilities included (except phone and cable) · Transportation for scheduled shopping and outings · Staffplal1ned activity programs and events · Compliwel1tary laundryfacilities · Health and wellness clinic · 24-hour access to staff · Ok checks daily · Maintenancefor apartments (on-site) Ala CarteServices: .. Laundry · Round trip escort service · Pendant call · Security/safety checks · Guest meals · Mea.ls delivered to apartments (prior notification required) · Additional housekeeping services available · . Beauty and barber services · Second occupant . Bathing $10.50 Per load, 24-hour turnaround $5.00 $9.25 (15-minutes increment) $5.00/night 1 X check $7.00 Lunch/5~OO Dinner $3.00 $24.00 per hour $ fee set by beautician $350.00 . $18.50 per bath InitialAssessment Fee: $165.00 A one-time fee. The Nursing Director will complete a health assessment to determine the most effective and economical service plan. The service plan will define the resident's needs, schedule of services andfinancial obligations. Changes to the service plan will be made in consultation with the resident, physician and/or responsible party. Home Health Aide PackaJ!es: Package A: 2 visits per day, up to 15 hours of services per month = (32.20/hr.) $497.00 Package B: 4 visits per day, up to 30. hours of services per month = (31. 70/hr.) $979.00 Package C: 6 visits per day, up to 45 hours of services per month = (31.J6/hr.) $1,444.00 Package D: 8 visits per day up to 60 hours of services per month = (30.65/hr.) $1,894.00. Package E: 10 visits per day, up to 75 hours of services per month = (30.13/hr.) $2,328.00. Package F: 12 visits per day, up to 90 hours of services per month = (25.17/hr.) $2,745.00. Medication PackUlles: Package A: 2 Home Health Aide visits per day to assist resident with medication. This also includes medication set-up by a licensed nurse: $578. 0.0. per trtonth Package B: 4 Home Health Aide visits per day to assistresid~"twith m~dication. This also includes medication set-up by a licensed nurse. $1,018.po.per month These packages may be appropriate for clients who have few care needs yet need assistance with medication compliance. If a resident requires the staff to spend more time than prescrihed in the above packages, the resident will be charged $9.25 per IS-minute increments for the Home Health Aide and $21.00. per 15-minute incrementfor the Licensed Nurse. Medication Set-uo: $37.00. per week INSULIN ADD $15.00 A nurse will place medications in individualized, labeled containersforeach client and will place the containers in the client's apartment. The service includes coordination with the physician and pharmacy for medication orders, compliance assessment, response to medications and consult with resident or responsible party as needed. Medication Chanee: $16.00. A nurse will adjust the medications to comply with the revised medication order. The nurse will reset the medications in the individualized, labeled containers. Nurse Visit: $42.00. minimum of 30. min. $21.00. IS-minutes increments thereafter The nurse will provide services ordered by the physician and agreed to in the service plan. Nurse telephone consultation evenings, weekend or holidays: $15.00 per call (physician or family contact) Home Health Aide VISit: $9.25 per IS-minute increment The Home Health Aide provides supportive services identified in your service plan. These services may include medication reminders or assistance (when medications are set up by a Select Senior Living Nurse) safety checks and assistance with activities of daily living. City of ..tel Community Dewlooment Denartm<~ Location & Zoning Map Select Senior Living I I , I I - 0 1 I , - - -, 15 '~,,~'" , ,~ ~,~ ~ . , " ; ~ , ~ ~ . , r~C'~ - - - -<(1 \ /'1JI:s1 \ \ 1 /' --- - a:1 ~\ / ~I ~~ '- - .... ~ I ~I 77TH ST N '- _ _ --I \ I, ~ --7' "'----- ISITE~" - - - - - - - -.-; // "If ~ ~-r-_ ... ~ ~ SI NITS) ~ )i) ~'CJ:n ~ 7' ( R ND ~~~1<~~ Ii .1~~ O I ~ '1/t::;J ~ I~ _ j~~Bl.;< ,~~ . ~B\ I -----::: ~ ~ ~t::# ~ "'~ ~'~-/7 / I '"0-. II< 1-: ;'f{, ~rfT'il1 ril<l ACR! ~ . ~.L!:: r.:: I.S-_~, " '~ J- I ~~ J: I -I-T ~~}I DRL ~IW. ~ ( ,-<:1 I~ :i ~f/~ ~~H . '---, ~ 1- 'J ~3 -!E ~;:i'V,L. "' /. /--J"I. ~ ~iR ct z ~ V) ro m:x I ~~:]~ :~~ ~ :::-~ - @;t:=,~~wt: ~ -/' 0 I ,~r" )[ n ~ ~~I~~~~ II o C'~~ ~ f T 1E -''=!Lu:tj~~ )ng N~~,~ ~.(j:h_~~ -: k h~~~:g ~I I >-,1 JI t:'rl-L~ --.C ~ e r::. ~~. x~ C Lakeshore Overlay District ( W Lr 'f ..?\...:~J.;. Zoning Districts ~ ~m;~Y""- ~ D A-P, Agricultural Preservation J!fjl'-. - rr--=rr='1 D RA - Single Family Residential Ji.ijl./ f=\H \..... "'" D RB-TwoFamily S APL~ ~ r-=6\ ~a~ D TR, Traditional Residential ~~ _ LR, Lakeshore Residential J~ % - CR, Cottage Residential "I>~ -1( X~ ~ t _ CTR, Cove Traditional Residential ~ "'\. ~~ ~ D CCR, Cove Cottage Residential ~,,>y^ r:.4~ ~o'?- _ CTHR, Cove Townhouse Residential , [] I = " _ TH, Townhouse ~ ~F) ~ - III RCM - Medium Density Residential ~ 4: I ~ _ RCH - High Density Residential '{~~ =c 1-1 _ VC, Village Commercial 'V, -1 ~ _ CA - General Commercial UDJ - CBD - Central Business District ~ D BP-C, Business Park - Commercial _ BP-O, Business Park - Office \ D BP-I, Business Park - Industrial ~ _ IB - Heavy Industrial _ CRD - Campus Research Development D PA - Public Administration D Public Works Facility _ Railroad D WATER ( \ \ 12 +- - h .r-:. o\-y.,olj'O'r'- 1I~~Cy.,O --- ( \1' c\~ ~:. '''''', " ~ ," ~ " N ,,,,, ~ '.......}-\ 'g. "~ .' ~:Z' 11"'0-';;" ,~', ,'" ~ ~ E ,,~~ .~~~ I~ ~ ~~ "lit ;( ~OL' " "I~" -: )f ~ .I ' 7' ' L1BEt t -I.J!: 0 'I I / J ~ HI: ~' ~ I: ,"' ~ :: I, ~ ~~ -~. , "'..'" " ", I' ~ ~" su" ~ t." MER ~~~~~ ","~ Ir~~ ~~ -'- E ~ ~ '~ ~~, ~ '"" ,"',~ " '~ ,~ ~ ,~ , '" """ "f "" '''WI, ~~ I '"' 1 1- \ 11 \ ( \ t.. WII-': ZIt) ~ - ~~ 't , 1'-<) .. '( '- , 12 D Outside City Limits r OJ m I I , ..... CJl e.- m ::J c m -< 1'0 o o co ~DD IIDDIDII~ DDDDIIDI~DDI~~ ~~6 ~~~~~~~~~ ~~~~~gg~~~~~~~~ ::.:;~ .",.. J:.. 3::"" tI) "O:-o.~(")..... ;nv>r-.. ::~~ ~ ~ c ~tI)~3:C')" -n'" .. to"" >'" (")=3: ,~r(l)Q.o- =g &~~~on~oo ~==~~oQ.=>tI)tI)~~~n ~:l -o=~~~~=~ ~~==-3~~=--;l~-2 ~ ~'l~~n3g$g S~~'~'~~~~~~i~~ t ~ ~~~ 2~o~tI) =~~-~=o~~~~=.n ~ !! o-~ ::;~""j_ n=0~(b...,-j() _A,)_. _~~ ~~~_w _ ~_~~~~~~~~; = ~~~ ~ g~~ ;~~a~~g~~~~;~ : ~;~ ~~~ Q~~~~O~ ~~~'4~ ~og ~~ ~-~~~=n ~~~~~ ~oo A,)~ <~o~n$o ~tI)~~~ ~-- ~ ~~;~gi! ~~~~ ";lnn~""n"" =-~""". 3 :. ~ 3 ~.~ = ~ r- ~ ~ ::. a - n. ~ 0 0 it n;: ...".. "'0 ~- ~ ~ n ~g - .... :::r-~ =; "'"'l ([i Cli =- ~Cli ~ = = r:./'l ,.... ~. -<.: ,-...4([i ~~ ([i S'" = " i ~ ,~ ~ ~ i ~ ~ 1 !!. ~ Iil, i ......... ~ .. .fClidedi eilf#01( A L[FET1ME OF CARING DPI Jeiref A LIFETIME OF CARITIO ir-A.rvw • • • „,. • 7t- *Or! IIRI'l",g _• 1,!n•raLit6.„,;•.c- • • ( • 0 ke/ el llif fie/ A LIFETIME OF CARING" DR/47--'--.--ki•E/Pe7ec7D If the Council concurs with the recommendation they should pass a resolution AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2008 SEAL COAT PROJECT (PROJECT 2008-06) ACTION RE UIRED Staff recommends that Coat Proj ect. Council authorize the advertisement for bids for the 2008 Seal RECOMMENDATION $100,000.00 was budgeted for seal coating this year. The estimated cost for the 2008 Seal Coat Project is $85,000.00. The remaining amount of $15,000 is being spent on materials for sealing the cracks by the street department prior to seal coating. Three other communities, Bayport, Grant and Oak Park Heights have expressed their interest in being included in the bidding of the project. This increases the quantities in the Bid Proposal and generally provides better bid prices than if each community bid their own project separately. Stipulations have been inserted in the specifications that the contractor who is awarded the contract will bill each community individually. The streets proposed for this year's project include Abercrombie Circle, Abercrombie Way, portion of Macey Way, Webster Ct, all cul-de-sacs off Eagle Ridge Trail, McKusick Rd Lane N, Towne Circle, Oakridge Rd/Ct, Darell Dr/Ct, Laurie Ln/Ct, Hanson PI, Dundee PI, Fairmeadows Rd, Crestwood Ter, Willow St and portion of Hazel St and N. 2nd Street. See enclosed map This year it is proposed that the City conduct another Seal Coat Project. Seal coating increases the life of a street by adding a protective coating layer of fine aggregate and emulsion. DISCUSSION 2008 Seal Coat Project Project 2008-06 RE DATE May 15 2008 City Enginee~ FROM TO Torry Kraftson, Assistant Mayor and City Council #: /) MEMORANDUM " t... AUTHORIZE ADVERTISEMENT FOR BIDS FOR 2008 SEAL COAT IMPROVEMENT PROJECT (PROJECT 2008-06) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement. The advertisement shall be published once in the Stillwater Gazette and twice in the Construction Bulletin, shall specify the work to be done, shall state the date that bids will be received by the City Clerk until Thursday, June lih, 2008, at 10:00 am at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their June 1 ih, 2008 Council meeting in the Council Chambers Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue oftesponsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk. Adopted by the Council this 20th day of May 2008 Mayor Ken Harycki Attest Ward. City Clerk Diane F w > L: z z z 15 77TH ST N ADEL] REE STAPLES ACE Li SIN HOMESTEAD GRE z z GRN Ct F7 z ATWOAD CRT CURVE tiXST aL INNI POND ,BL VDw 6°44- r LDPIN SWENSON S OAK GLEN CRF C CURVE CREST JOHNip MYRTLEWOOD CRT (1) ILL ARIL TOWER DR. -J OAK HILL r> CT. N. NEADOWLA Lily R. LINDEN ke RD POPLAR W. M00RIr ST. r rn RE ST. 1- AVE. H ATER £ <INS a YJ.�ZN� ST z � W. OLIV N PINE ANDER F N w SHELTON :a ST. -J x W. CHURCH ILL ORLEANS 2008 SEALCOAT O 500 1000 2000 SCALE IN FEET UPPER If Council concurs with staff recommendation, Council should pass a motion adopting RESOLUTION 2008- AWARDING THE WORK FOR THE GILBERT COURT BIKE TRAIL DRAINAGE IMPROVEMENT TO MILLER EXCAVATING. ACTION RE Staff recommends that Council approve the quotes and award the work to Miller Excavating in amount of $9,849. The cost to the School District is $3,255 and the City cost is $6,594 UIRED RECOMMENDATION The homeowner has agreed to grant an easement across their property for a new pipe and the School District has agreed to help fund the project. The project would not begin until the easement paperwork is completed by the City Attorney and signed by the homeowner. Three estimates were obtained to construct the project. Miller Excavating was the low bidder with a bid of$9,849. The School District has agreed to pay $3,255 (33%) of the cost. The balance of the project ($6,594 based on the bid) would be paid from trail improvements in the parks capital outlay. The park board requested that staff investigate a solution to the problem. Staff has engineered a solution in conjunction with the School District and the property owner at 1034 Gilbert Court. It is proposed that a new catch basin and 12-inch pipe be installed from the low point on the bike trail to the stonn water pond on the east side of the school. The bituminous bike trail between Gilbert Court and Lily Lake Elementary School is heavily used by students. A drainage problem has existed along the trail since the home at 1034 Gilbert Court was constructed in 1996. At that time a 2-inch pipe was installed to convey water from a low point on the trail and across the yard at 1034 Gilbert Court to the stonn water pond on the east side of the school. The 2-inch pipe freezes each winter resulting in a huge puddle during each spring thaw DISCUSSION SUBJECT Gilbert Court Bike Trail Drainage Correction DATE May 14,2008 J:RK FROM TO Torry Kraftson, Assistant City Engineer Mayor and City Council , ... MEMORANDUM ~ ') ACCEPTING QUOTES AND AWARDING CONTRACT FOR GILBERT COURT BIKE TRAIL DRAINAGE CORRECTION PROJECT 2008-03 WHEREAS, pursuant to requesting quotes for the correction of the Gilbert Court bike trail drainage, quotes were received and tabulated according to law and the following quotes were received: AMOUNT UOTE CONTRACTOR $9,849.00 Minnesota Miller Excavating, Stillwater, $11,950,00 Stillwater, Minnesota Tmcking, lnc s Bell $14,251.95 Minnesota Hugo Fuhr Trenching, Inc and lowest responsible the IS Minnesota Miller Excavating of Stillwater, appears that it WHEREAS quote NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA The Mayor and Clerk are hereby authorized and directed to enter into a contract with Miller Excavating of Stillwater, Minnesota in the name of the City of Stillwater for the correction of the Gilbert Court bike trail drainage therefore approved by the City Council and on file in the office of the City Clerk. 1 this 20th day of May 2008 Adopted by the City Council Mayor Ward, City Clerk Diane F ATTEST " LEGEND 0 DENOTES SPRINKLER HEAD o DENOTES EXISTING FENCE STORM MANHOLE NYLOPLAST (OR EQUAL) -_ RIM 954.00 `1 INV. 948.18 1 REMOVE AND REINSTALL CHAIN LINK FENCE SCHOOL DISTRICT PROPERTY BITUMINOUS TRAIL CATCH BASIN NYLOPLAST {OR EQUAL]_ RIM 951,50 . INV. 949.00 '- 18 L.F. 80UMIN0U5 SAWCUT 20 S.?. BIT. REMOVAL/PATCII - -__/ SLOPE TO CATCH BASIN HDPE F.E.S. 94&03 -` WITH RIP RAP --�� 200 S.Y. _ SEED & MULCH 1o1 SCHOOL '9Q DISTRICT PROPERTY aJ� SAVE 1 TitEE i c 250 5.Y. LAWN SOD REMOVE EXISTING 8"X8" CATCH BASIN SAVE SAE �_ PLUG 2-INCH PIPE REMOVE AND REINSTALL WOOD CEDAR FENCE EXISTING HOUSE 1034 GILBERT CT, MEMORANDUM ~ ~ TO: Mayor and City Council Torry Kraftson, Assistant City Engineer 7fZ J( FROM: DATE: May 15,2008 SUBJECT: Former dump site restoration update DISCUSSION In 2007, City Council authorized $20,000 in funds for a clean-up of the former dump site at the northeast comer of Myrtle Street and Eagle Ridge Trail. A clean-up of the stock piles was conducted in 2007, including removal of stumps, trash, debris, and screenings from street sweepings. The project was continued in the spring of2008. A grading plan was prepared for the site. Surface runoff from the site was previously directed into two pipes which discharged into the wetlands along Eagle Ridge Trail. The site has been redesigned and grades so that no surface runoff goes directly to the wetland without treatment. Surface runoff has been redirected into a swale along the fence on the east side of the site adjacent to the Jaycee fields. The runoffthen flows to the south in the swale to a drainage basin that was constructed in the southeast comer of the site adjacent to Myrtle Street. The basin was designed to collect sediment before it runs off the site and to promote infiltration of the surface runoff. The project resulted in a cleaner and more functional site. The site will be observed to see if water quality benefits are achieved. The public works department will complete a few more items on site including seeding the interior of the berm. ~ " v FYI Memo Community Development Department To: From: Bill Turnblad Michel Pogge, City Planner tJ'.{ March 28, 2008 Signage in right-of-way Date: Re: Message: At the request of the City Council, I was asked to review various options and strategies to address temporary "sandwich board" or "A-frame" signs in the community and specifically in downtown Central Business District. The two main questions were: 1) possible code changes, 2) review different options to allow signage in downtown Stillwater and 2) review the potential for charging a permit fee for the placement of said signs in the road right of way. In this memo I will first discuss possible options for signage in the right-of-way, the legality of allowing advertising signs in the right-of-way and finally various permit fees for signs in the right-of- way From the desk of... Michel Pogge, AICP . City Planner . City of Stillwater . 216 N. 4th Street . Stillwater, MN 55082 651.430-8822 . Fax: 651.430-8810 . email: mpogge@ci,stillwater.ron.us ~ " '" Code options Ignoring for a moment that signs in the right-of-way may be illegal under state status, after review with planning colleagues it would seem a more simple policy vs. complex code would be more appropriate and manageable in this case. The following is what staff would propose the following as a the policy for sidewalk signs in Downtown Stillwater. 1. Sidewalk signs are allow in the CBD. 2. Sign size is limited to 2.5 feet in width and 3.5 feet in height 3. Signs are limited to two display faces. 4. Signs shall not imitate traffic control devices. 5. Changeable copy is permitted but not to include plastic letters. 6. Sign must be setback 1 foot from the back of curb with the comer of the sign placed in the hexagon paver block area. Signs must not interfere with access to the business, the passage of pedestrians on the walk, or the opening of vehicular door of parked cars. 7. The number of sidewalk signs is limited to one sign for each building or frontage and must be removed at the end ofthe business day. In no case shall signs be displayed between dusk and dawn. 8. Signs cannot be lit. 9. No permit is required. 10. Portions of roads in Downtown Stillwater are under the jurisdiction of the Minnesota Department of Transportation and Washington County. The City of Stillwater will enforce its sign regulations along those streets and not those of other agencies or jurisdictions. The City of Stillwater will not be responsible for the removal of signs by other jurisdictions. Advertisinl! Siens in ,mbUe ril!ht-of-wav Minnesota State Statutes section 160.01, 160.2715, and 160.16.2715 specifically prohibits most advertising signs in most public right-of-ways in the State of Minnesota. 160.01 SCOPE OF CHAPTERS 160 TO 165. Subdivision 1. Designation. For the purposes of chapters 160 to 165 the roads of this state shall be designated and referred to as trunk highways, county state-aid highways, municipal state-aid streets, county highways, and town roads. They shall be established, located, constructed, reconstructed, improved, and maintained as provided in chapters 160 to 165 and acts amendatory thereto. Subd. 2. Certain streets excluded. The provisions of chapters 160 to 165 do not relate to highways or streets established by, or under the complete jurisdiction of cities except when the provisions refer specifically to such highways or streets, 160.2715 RIGHT-OF-WAY USE; MISDEMEANORS. (a) Except for the actions of the road authorities, their agents, employees, contractors, and utilities in carrying out their duties imposed by law or contract, and except as herein provided, it shall be unlawful to: (9) place or maintain any advertisement within the limits of any highway, except as provided in section 160.27, subdivision 7; -' (10) paint, print, place, or affix any advertisement or any object within the limits of any highway, except as provided in section 160.27, subdivision 7; 160.27 PARTICULAR USES OF RIGHT-OF-WAY; MISDEMEANORS. Specifically allows advertising within right-of-ways when it is placed on benches, shelters, outdoor telephone booths, bicycle racks, and bicycle storage facilities. The following roads in the downtown area would be covered by 160.2715 Truck Highways, County state-aid highways, Municipal state-aid streets, and County highways: Truck Highway All of Main Street Chestnut St east of Main Street County state-aid highway Chestnut St between Main Street and 3rd Street S 3rd Street S between Chestnut and Orleans St W Municipal state-aid street Myrtle Street between Main Street and Owens St 2nd St N between Chestnut St and Willow St In downtown Stillwater the right-of-way generally extends from building front to building front with few exceptions. If the City were to follow state law most business owners would be prohibited from having signage in front of their business. Those who would be allow may have a disadvantage over those who would not be permitted to have these types of signs. I would not recommend making a change due to this disparity. Rieht-of-wav advertisine oermit fees A survey of22 Cities in the area found that 14 permitted temporary "sandwich board" or "A-frame" signs on private property, 9 Cities permitted signs in the right-of-way, Only three cities charge a permit fee for "sandwich board" or "A-frame" signs. These cities included Minneapolis ($75.00), Osseo ($60.00), and Buffalo ($50.50). The only advertising the City permits in the right-of-way today is related to advertising on benches. This type of advertising is specifically permitted by MN statue 160.27. The City currently charges $50.00 per year for each advertising bench in City right-of-way. Currently, US Bench Corporation has 14 benches in City right-of-way and pays $700.00 per year to the City for these benches. --- END --- ,~ ~t\NESO); ~!I1t. Minnesota Department of Transportation ~ . ~ ...----------------- ~~ ~ Metropolitan District O~TR/>.~"q Waters Edge 1500 West County Road 8-2 Roseville, MN 55113-3174 April 9, 2008 Michel Pogge City Planner 216 North Fourth St Stillwater, MN 55082 Re: Illegal advertising on MN/DOT Right of Way: Dear Mr. Pogge: This is a follow up letter to the recent e-mails concerning local businesses placing advertising devices within highway right-of-way. As my staff has mentioned to you MNfDOT does not have the authority to grant any exemption/permit that would supersede a State Statute. Minnesota Statute 160.27, Subdivision 5 Misdemeanor, provides in part: Place or maintain any adveliisements within the limits of any highway; paint, print, place or affix any adveliisement or object within the limits of any highway: Subdivision 6: Removal of lmauthorized advertisements, buildings or structures in or on public highway. The road authority will remove or destroy any stmcture in or upon any highway in violation of this section, (See attached) This statute applies to all businesses, political entities, advertisers and non-profit organizations. Violators can be charged the cost of removal if necessary and civil penalties may also apply if the placement of such material contributes to a motor vehicle crash. If you have any questions feel free to caIlmc. Sincerely, ~~~~( Amr J abr MnfDOT Metro Division Acting Traffic and Maintenance Operations Offi.ce Director 1500 West County Road B2 Roseville, Minnesota 55 113 Telephone 651-234-7801 All equal opportunity employer [ _t ,f ~\tlt\EISO~ ~O ~ i=- '" ~ 1. g \<'1> "'~ r OF T~P.~ Minnesota Department of Transportation Notification of violation ofthe Public Hig~way Act Owner Address Date 19 Vio lation within the limits of Trunk Highway Number Minnesota Statut~ 160.27, Subdivision 5 Misdemeanor, provides: Except for the actions of the road authorities, their agents, employees, contractors, and utilities in carrying out their duties imposed by law or contract, and except as herein provided, it shall be unlawful to: (1) Obstruct any highway or deposit snow or ice thereon; (2) Plow or perform any other detrimental operations within the road right-of-way except in the preparation of the land for planting permanent vegetative cover or as authorized under section160.232; (3) Erect a fence on the right-of-way of a trunk highway, county state aid highway or county highway, except to erect a fence to the ends of a livestock pass; (4) Erect or reconstruct driveviay headwalls in or on the right-of-way of a highway or road, except as may be allowed by permit from the road authority imposing reasonable regulations as are necessary to prevent interference with the construction, maintenance, and safe use of the highway or road and its appurtenances; (5) Dig any holes in any highway; except to locate markers placed to identify sectional corner positions and private boundary corners; (6) Remove any earth, gravel or rock from any highway; (7) Obstruct any ditch draining any highway or drain any noisome material into any ditch; (8) Place or maintain any building or structure within the limits of any highway; (9) Place or maiptainan~I' advertisementswithintlJe.li1nit$'9.fa!Wpi~pWaY; (10) Paint, print, place, or affix any advertisement or any object within thelhnitsofany highway; (11) Deface, mar, damage, or tamper with any structure, work, material, equipment, tools, signs, markers, signals, paving, guardrails, drains, or any other highway appurtenance on or along any highway; () 2) Remove, injure, displace, or destroy right-of-way markers, or reference or witness monuments, or markers placed to preserve section or quarter section comers; (13) Improperly place or fail to place warning signs and detour signs as provided by law; (14) Drive over, through, or around any barricade, fence or obstruction erected for the purpose of preventing traffic from passing over a portion of a highway closed to public travel or to remove, deface, or damage any such barricade, fence, or obstruction. Violations hereof shall be prosecuted by the county attomey of the county where the violation occur. Any persons convicted of such violations shall be guilty of a misdemeanor. Sub. 6. Removal of unauthorized advetiisements, buildings, or structures in or on a public highway. The road authorities may take down, remove, or destroy any adveliisement, building or structure in or upon any highway in violation of this section. YOU ARE IN VIOLA IION OF ITEM NUMBER MINNESOTA DEPARTMENT OF TRANSPORTATION By Opportunity Employer Allowed on Permit Si~ms ROW City private property in ROW Permit Fee Notes Anoka No No No Brainerd No No No Buffalo Yes No $ 50.50 Burnsville Yes No No Cambridge Yes Yes No Chanhassen Yes No No Code states that the City is not res posable if the DOT demands a Chaska Yes Yes No sign's removal or removes a sign Eden Prairie No No No Fargo, NO Yes No No Removes 200-300 illegally placed signs from our public right of ways Fridley No No No annually. Hutchinson No No No Isanti Yes No No Minneapolis Yes Yes $ 75.00 Northfeild Yes Yes No Omaha, NE No No No Osseo Yes Yes $ 60.00 Park Rapids Yes Yes No Richfield No No No Enforces by complaint only. Rosemount Yes Yes No Savage Yes Yes No Wayzata No No No White Bear Lake Yes Yes No 'llwater FYI THE BIRTHPlACE OF MINNESOTA NEIGHBORHOOD OPEN HOUSE STILLWATER CITY HALL 216 NORTH FOURTH STREET TUESDAY, MAY 27,2008 5:00 TO 7:00 P.M. A neighborhood open house will be held on Tuesday, May 27,2008 in the City Council Chamber at Stillwater City Hall, 216 North Fourth Street. You are invited to attend the meeting and review options for new playground equipment in Triangle Park and Sunrise Park. Persons in attendance will have the opportunity to view two playground equipment plans for each park and to participate in a poll to help the Stillwater Park and Recreation Commission select the new equipment. You can view copies of the new playgroups equipment on the City of Stillwater website at www.ci.stillwater.mn.us. You can get to the plans by clicking link on the main web page that says ''Triangle Park and Sunrise Park Playground Equipment Open House". If you have any questions, please contact: Tim Thomsen at 275-4102 Mike Pogge at 430-8822 Thank you. General Ledger QliIlwater ~J., Monthly Report User: SharonH --- ~ Printed: 05/16/0811:14:03 ":-;",,noe,.. M''''''~ ~ Period 01 - 04 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance GENERAL FUND Revenue TAXES 7,214,509.00 107,190,52 7,107,318.48 LICENSES AND PERMITS 478,559.00 170,335.53 308,223.47 SPECIAL ASSESSMENTS 3,500.00 0.00 3,500.00 INTERGOVERNMENTAL 958,816.00 62,685.99 896,130.01 CHARGES FOR SERVICES 1,213,502.00 261,496.69 952,005.31 FINES AND FORFEITS 120,700,00 24,966.23 95,733.77 MISCELLANEOUS 236,000.00 22,552.89 213,447.11 OTHER FINANCING SOURCES 1,194,800.00 0,00 1,194,800.00 11,420,386.00 649,227.85 10,771,158.15 Revenue 11,420,386.00 649,227.85 10,771,158.15 Expense MAYOR & CITY COUNCIL PERSONNEL SERVICES 77,225.00 29,058.73 48,166,27 SERVICES AND CHARGES 49,764.00 9,472,72 40,291.28 MISCELLANEOUS 19,150.00 2,077.00 17,073.00 DEPRECIATION 0.00 0.00 0,00 MAYOR & CITY COUNCIL 146,139.00 40,608.45 105,530.55 ELECTIONS PERSONNEL SERVICES 30,513.00 0.00 30,513.00 SUPPLIES 750.00 628.45 121.55 SERVICES AND CHARGES 7,246.00 4,293.55 2,952.45 MISCELLANEOUS 2,500.00 0,00 2,500.00 CAPITAL OUTLAY 0.00 0.00 0.00 DEPRECIATION 0.00 0,00 0.00 ELECTIONS 41,009.00 4,922.00 36,087.00 MIS SUPPORT SERVICES PERSONNEL SERVICES 138,404.00 39,578.30 98,825,70 SUPPLIES 10,500,00 3,478,95 7,021.05 SERVICES AND CHARGES 27,336.00 4,380.69 22,955.31 MISCELLANEOUS 150.00 69.95 80.05 CAPITAL OUTLAY 89,000.00 17,344.70 71,655,30 DEPRECIATION 0,00 0.00 0.00 MIS SUPPORT SERVICES 265,390.00 64,852.59 200,537.41 FINANCE PERSONNEL SERVICES 344,061.00 100,865.40 243,195,60 SUPPLIES 6,700,00 908.33 5,791.67 SERVICES AND CHARGES 63,641.00 26,575.54 37,065.46 MISCELLANEOUS 1,750,00 1,122.25 627,75 CAPITAL OUTLAY 4,500.00 4,261.32 238.68 DEPRECIATION 0,00 0.00 0.00 1 2008 2008 2008 Description Budget Y-T-D Variance FINANCE 420,652.00 133,732.84 286,919.16 ADMINISTRATION PERSONNEL SERVICES 444,493.00 99,061.94 345,43 I .06 SUPPLIES 5,700.00 199.76 5,500.24 SERVICES AND CHARGES 143,422.00 18,770.14 124,651.86 MISCELLANEOUS 4,650.00 788.91 3,861.09 CAPITAL OUTLAY 34,600.00 16,890,90 17,709.10 DEPRECIATION 0.00 0,00 0.00 ADMINISTRATION 632,865.00 135,711.65 497,153.35 LEGAL/CITY ATTORNEY PERSONNEL SERVICES 122,873.00 36,808.36 86,064.64 SUPPLIES 1,500.00 845.81 654.19 SERVICES AND CHARGES 161,775.00 49,445,00 112,330,00 MISCELLANEOUS 2,000.00 0.00 2,000.00 LEGAL/CITY ATTORNEY 288,148.00 87,099.17 201,048.83 PLANT/CITY HALL PERSONNEL SERVICES 0.00 0,00 0,00 SUPPLIES 17,000.00 3,290.38 13,709.62 SERVICES AND CHARGES 158,652.00 43,098.42 115,553.58 MISCELLANEOUS 1,250.00 0.00 1,250.00 CAPITAL OUTLAY 100,000.00 0.00 100,000,00 DEPRECIATION 0.00 0.00 0.00 PLANT/CITY HALL 276,902.00 46,388.80 230,513.20 COMMUNITY DEVELOPMENT PERSONNEL SERVICES 220,319.00 65,490,05 154,828.95 SUPPLIES 9,350,00 3,239.81 6,110.19 SERVICES AND CHARGES 83,021.00 993.07 82,027.93 MISCELLANEOUS 2,100.00 769.18 1,330.82 CAPITAL OUTLAY 8,100.00 0.00 8,100.00 DEPRECIATION 0.00 0.00 0.00 COMMUNITY DEVELOPMENT 322,890.00 70,492.11 252,397.89 POLICE PERSONNEL SERVICES 2,363,050.00 609,090.40 1,753,959.60 SUPPLIES 102,000,00 32,151.89 69,848.11 SERVICES AND CHARGES 193,295.00 22,954,53 170,340.47 MISCELLANEOUS 16,000.00 2,121.53 13,878.47 CAPITAL OUTLAY 295,300.00 180,112.16 115,187.84 DEPRECIATION 0.00 0.00 0.00 POLICE 2,969,645.00 846,430.51 2,123,214.49 FIRE PERSONNEL SERVICES 936,799.00 261,545.37 675,253.63 SUPPLIES 39,770.00 9,547.92 30,222,08 SERVICES AND CHARGES 125,482.00 16,011.70 109,470.30 MISCELLANEOUS 6,350.00 2,744.54 3,605.46 CAPITAL OUTLAY 240,900.00 0.00 240,900.00 DEPRECIATION 0.00 0.00 0.00 FIRE 1,349,301.00 289,849.53 1,059,451.47 INSPECTIONS PERSONNEL SERVICES 196,010.00 57,615.70 138,394.30 2 2008 2008 2008 Description Budget Y-T-D Variance SUPPLIES 8,700,00 1,357.97 7,342.03 SERVICES AND CHARGES 37,678.00 8,613,53 29,064.47 MISCELLANEOUS 14,608.00 128.50 14,479.50 CAPITAL OUTLAY 28,800.00 0.00 28,800.00 DEPRECIATION 0.00 0,00 0.00 INSPECTIONS 285,796.00 67,715.70 218,080.30 CIVIL DEFENSE SUPPLIES 50.00 82.43 -32.43 SERVICES AND CHARGES 5,961.00 239.78 5,721.22 MISCELLANEOUS 550,00 260.00 290.00 CAPITAL OUTLAY 6,300.00 0.00 6,300,00 DEPRECIATION 0.00 0.00 0.00 CIVIL DEFENSE 12,861.00 582.21 12,278.79 ENGINEERING PERSONNEL SERVICES 332,077.00 96,234.33 235,842.67 SUPPLIES 13,400.00 4,625.30 8,774.70 SERVICES AND CHARGES 29,544,00 5,115,05 24,428.95 MISCELLANEOUS 2,950,00 668.19 2,281.81 CAPITAL OUTLAY 3,500.00 3,152.96 347.04 DEPRECIATION 0.00 0,00 0.00 ENGINEERING 381,471.00 109,795.83 271,675.17 STREET PERSONNEL SERVICES 561,310.00 181,892.07 379,417.93 SUPPLIES 225,300.00 89,596.12 135,703.88 SERVICES AND CHARGES 328,421.00 30,886.12 297,534,88 MISCELLANEOUS 10,300.00 377.00 9,923.00 CAPITAL OUTLAY 383,800.00 23,466.74 360,333.26 DEPRECIATION 0.00 0.00 0.00 STREET 1,509,131.00 326,218.05 1,182,912.95 UNALLOCATED PERSONNEL SERVICES 454,716.00 157,977.00 296,739.00 SERVICES AND CHARGES 222,250.00 201,488.98 20,761.02 MISCELLANEOUS 35,000.00 624.21 34,375.79 CAPITAL OUTLAY 0.00 0.00 0.00 DEPRECIATION 0.00 0,00 0.00 UNALLOCATED 711,966.00 360,090.19 351,875.81 OPERATING TRANSFERS OTHER FINANCING USES 1,806,220.00 451,555,02 1,354,664.98 OPERATING TRANSFERS 1,806,220.00 451,555.02 1,354,664.98 Expense 11,420,386.00 3,036,044.65 8,384,341.35 Revenue Total 11,420,386.00 649,227.85 10,771,158.15 Expense Total 11,420,386.00 3,036,044.65 8,384,341.35 Grand Total 0.00 -2,386,816.80 2,386,816.80 3 General Ledger ~iIlwate~ Monthly Report User: SharonH Printed: 05/16/0811:14:28 THE--;'IITHI'LACE O~ MINNESOTA ~ Period 01 - 04 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance SPECIAL EVENTS FUND Revenue MISCELLANEOUS 30,000.00 5,000.00 25,000.00 OTHER FINANCING SOURCES 57,500.00 14,375.01 43,124.99 87,500.00 19,375.01 68,124.99 Revenue 87,500.00 19,375.01 68,124.99 Expense SPECIAL EVENTS SERVICES AND CHARGES 35,500.00 0.00 35,500,00 MISCELLANEOUS 52,000.00 7,000.00 45,000.00 SPECIAL EVENTS 87,500.00 7 ,000.00 80,500.00 Expense 87,500.00 7,000.00 80,500.00 Revenue Total 87,500.00 19,375.01 68,124.99 Expense Total 87,500.00 7,000.00 80,500.00 Grand Total 0.00 12,375.01 -12,375.01 1 General Ledger ~illwate~~ Monthly Report User: SharonH '"~"'".,,"" M'""'''~) Printed: 05/16/0811:15:03 Period 01 - 04 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance ST CROIX VALLEY REC CENTER Revenue REVENUES CHARGES FOR SERVICES 1,403,917.00 652,821.95 751,095.05 MISCELLANEOUS 60,000.00 0.00 60,000.00 OTHER FINANCING SOURCES 390,800,00 0.00 390,800.00 REVENUES 1,854,717.00 652,821.95 1,201,895.05 Revenue 1,854,717.00 652,821.95 1,201,895.05 Expense RECREATION CENTER PERSONNEL SERVICES 0.00 0,00 0.00 SUPPLIES 117,500.00 47,254.39 70,245.61 SERVICES AND CHARGES 634,446,00 192,959,72 441,486.28 MISCELLANEOUS 18,500.00 2,671.81 15,828.19 CAPITAL OUTLAY 44,800.00 2,249.30 42,550.70 DEPRECIATION 0,00 0.00 0.00 OTHER FINANCING USES 454,169.00 0.00 454,169.00 RECREATION CENTER 1,269,415.00 245,135.22 1,024,279.78 FIELDHOUSE PERSONNEL SERVICES 0.00 0,00 0.00 SUPPLIES 6,200,00 1,740.43 4,459,57 SERVICES AND CHARGES 249,721.00 89,602.59 160,118.41 MISCELLANEOUS 3,200,00 1,003,74 2,196.26 CAPITAL OUTLAY 60,000,00 0.00 60,000,00 FIELDHOUSE 319,121.00 92,346.76 226,774.24 LILY LAKE ARENA SUPPLIES 10,700.00 1,980.10 8,719.90 SERVICES AND CHARGES 164,678.00 49,019,58 115,658.42 MISCELLANEOUS 1,150.00 575,00 575,00 CAPITAL OUTLAY 286,000.00 22,335.72 263,664.28 LILY LAKE ARENA 462,528.00 73,910.40 388,617.60 Expense 2,051,064.00 411,392.38 1,639,671.62 Revenue Total 1,854,717.00 652,821.95 1,201,895.05 Expense Total 2,051,064.00 411,392.38 1,639,671.62 Grand Total -196,347.00 241,429.57 -437,776.57 1 General Ledger ~iIlwate~ Monthly Report User: SharonH Printed: 05/16/0811:15:36 THE BIRTHPLACE O~ MINNESOIA ~ Period 01 - 04 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance LIBRARY FUND Revenue CHARGES FOR SERVICES 35,000.00 6,875,82 28,124.18 MISCELLANEOUS 37,000,00 7,039.31 29,960.69 OTHER FINANCING SOURCES 1,110,325,00 171,345.84 938,979.16 1,182,325.00 185,260.97 997,064.03 Revenue 1,182,325.00 185,260.97 997,064.03 Expense LIBRARY OPERATIONS PERSONNEL SERVICES 731,166.00 212,432.00 518,734.00 SUPPLIES 104,640,00 29,202.68 75,437.32 SERVICES AND CHARGES 58,556.00 28,694,24 29,861.76 MISCELLANEOUS 2,750.00 1,128.43 1,621.57 CAPITAL OUTLAY 65,250.00 4,206.77 61,043.23 DEPRECIATION 0.00 0.00 0.00 LIBRARY OPERATIONS 962,362.00 275,664.12 686,697.88 LIBRARY PLANT PERSONNEL SERVICES 94,775,00 27,293.58 67,481.42 SUPPLIES 11,800.00 2,569.49 9,230.51 SERVICES AND CHARGES 94,388.00 26,521.78 67,866.22 MISCELLANEOUS 2,000.00 523.65 1,476.35 CAPITAL OUTLAY 17,000.00 0.00 17,000.00 LIBRARY PLANT 219,963.00 56,908.50 163,054.50 Expense 1,182,325.00 332,572.62 849,752.38 Revenue Total 1,182,325.00 185,260.97 997,064.03 Expense Total 1,182,325.00 332,572.62 849,752.38 Grand Total 0.00 -147,311.65 147,311.65 1 General Ledger cSJillwate~~ Monthly Report User: SharonH Printed: 05/16/0811:15:55 T H-;-; I .. T H P LAC E 0 ~ M INN E SOl A - ~ Period 01 - 04 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance PARKS FUND Revenue LICENSES AND PERMITS 1,500.00 383.98 1,116.02 INTERGOVERNMENTAL 0.00 0,00 0.00 CHARGES FOR SERVICES 12,000.00 3,553.52 8,446.48 MISCELLANEOUS 16,000.00 31,490.88 -15,490.88 OTHER FINANCING SOURCES 920,245.00 179,536.26 740,708.74 949,745.00 214,964.64 734,780.36 Revenue 949,745.00 214,964.64 734,780.36 Expense PARK PERSONNEL SERVICES 527,510.00 148,451.40 379,058.60 SUPPLIES 61,000.00 18,691.26 42,308.74 SERVICES AND CHARGES 148,935.00 17,625.55 131,309.45 MISCELLANEOUS 10,200.00 92,50 10,107.50 CAPITAL OUTLAY 202,100.00 22,004.49 180,095.51 DEPRECIATION 0.00 0.00 0.00 OTHER FINANCING USES 0,00 0.00 0.00 PARK 949,745.00 206,865.20 742,879.80 Expense 949,745.00 206,865.20 742,879.80 Revenue Total 949,745.00 214,964.64 734,780.36 Expense Total 949,745.00 206,865.20 742,879.80 Grand Total 0.00 8,099.44 -8,099.44 1 General Ledger ~iIlwate~ Monthly Report User: SharonH Printed: 05/16/0811:16:20 ";-;:,,,nH'" M,"'''~~ Period 0 1 - 04 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Varianee WASH CO RECYCLING Revenue INTERGOVERNMENTAL 33,378.00 0.00 33,378.00 MISCELLANEOUS 0.00 0.00 0.00 33,378.00 0.00 33,378.00 Revenue 33,378.00 0.00 33,378.00 Expense WA CO RECYCLING PERSONNEL SERVICES 0.00 0.00 0.00 SERVICES AND CHARGES 11,000.00 1,11 1.91 9,888.09 MISCELLANEOUS 22,378.00 0.00 22,378.00 WACO RECYCLING 33,378.00 1,111.91 32,266.09 Expense 33,378.00 1,111.91 32,266.09 Revenue Total 33,378.00 0.00 33,378.00 Expense Total 33,378.00 1,111.91 32,266.09 Grand Total 0.00 -1,111.91 1,111.91 1 General Ledger Qiillwa te~ Monthly Report User: SharonH Printed: 05/16/08 11: 16:39 , " ;-;; " '" " '" .. .,""" ,,~) Period 01 - 04 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance DARE FUND Revenue MISCELLANEOUS 500.00 0.00 500.00 OTHER FINANCING SOURCES 2,500,00 624.99 1,875.01 3,000.00 624.99 2,375.01 Revenue 3,000.00 624.99 2,375.01 Expense DARE SUPPLIES 3,000.00 247.28 2,752.72 DARE 3,000.00 247.28 2,752.72 Expense 3,000.00 247.28 2,752.72 Revenue Total 3,000.00 624.99 2,375.01 Expense Total 3,000.00 247.28 2,752.72 Grand Total 0.00 377.71 . -377.71 1 General Ledger ~iIl\Yate~ Monthly Report User: SharonH Printed: 05/16/08 11: 17:00 THE BIRTHPLACE O~ MINNESOTA ~ Period 01 - 04 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance SEWER FUND Revenue TAXES 0,00 0.00 0.00 SPECIAL ASSESSMENTS 0.00 0.00 0.00 CHARGES FOR SERVICES 2,134,000,00 1,061,299.78 1,072,700,22 MISCELLANEOUS 101,000.00 19,400.00 81,600.00 OTHER FINANCING SOURCES 0.00 0.00 0.00 2,235,000.00 1,080,699.78 1,154,300.22 Revenue 2,235,000.00 1,080,699.78 1,154,300.22 Expense SEWER PERSONNEL SERVICES 317,218.00 86,625.43 230,592.57 SUPPLIES 25,000.00 6,666.47 18,333.53 SERVICES AND CHARGES 1,699,123,00 508,509.42 1,190,613.58 MISCELLANEOUS 2,000.00 1,341.93 658.07 CAPITAL OUTLAY 738,500.00 13,377.89 725,122.11 DEPRECIATION 264,000.00 0.00 264,000.00 OTHER FINANCING USES 40,000.00 0.00 40,000.00 SEWER 3,085,841.00 616,521.14 2,469,319.86 III SUPPLIES 10,000,00 0,00 10,000.00 SERVICES AND CHARGES 31,500.00 16,899.37 14,600.63 CAPITAL OUTLAY 0.00 25,909.32 -25,909.32 III 41,500.00 42,808.69 -1,308.69 Expense 3,127,341.00 659,329.83 2,468,011.17 Revenue Total 2,235,000.00 1,080,699.78 1,154,300.22 Expense Total 3,127,341.00 659,329.83 2,468,011.17 Grand Total -892,341.00 421,369.95 -1,313,710.95 1 General Ledger ~iIlwate~) Monthly Report User: SharonH Printed: 05/16/08 ]]: 17:20 Period 0] - 04 THE BIRTHPLACE O~ MINNESOTA ~ Fisca] Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Vanance STORM SEWER FUND Revenue SPECIAL ASSESSMENTS 0.00 0.00 0.00 CHARGES FOR SERVICES 485,904.00 242,684.00 243,220.00 MISCELLANEOUS 32,000.00 9,755.88 22,244. ] 2 517,904.00 252,439.88 265,464.12 Revenue 517,904.00 252,439.88 265,464.12 Expense STORM SEWER MISCELLANEOUS PERSONNEL SERVICES 2]6,407,00 45,304.56 17],102.44 SUPPLIES 3,000.00 0.00 3,000,00 SERVICES AND CHARGES 128,503,00 64,878.08 63,624.92 MISCELLANEOUS 33,561.00 ] 5,523.55 ] 8,037.45 CAPITAL OUTLAY 0.00 0.00 0.00 DEBT SERVICE 0.00 0.00 0.00 DEPRECIATION 1,600.00 0.00 1,600.00 OTHER FINANCING USES ] 50,000.00 0.00 150,000,00 STORM SEWER MISCELLANEOUS 533,071.00 125,706.19 407,364.81 Expense 533,071.00 125,706.19 407,364.81 Revenue Tota] 517,904.00 252,439.88 265,464.12 Expense Tota] 533,071.00 125,706.19 407,364.81 Grand Tota] -15,167.00 126,733.69 -141,900.69 1 General Ledger ~iIlwate~ Monthly Report User: SharonH Printed: 05/16/0811:17:40 , " ;-; " '" " ". " .,""" ~":l Period 0 1 - 04 Fiscal Year 2008 - 2008 2008 2008 2008 Description Budget Y-T-D Variance SIGNS & LIGHTING FUND Revenue CHARGES FOR SERVICES 370,000.00 184,941.50 185,058.50 MISCELLANEOUS 0,00 0.00 0.00 370,000.00 184,941.50 185,058.50 Revenue 370,000.00 184,941.50 185,058.50 Expense SIGNS & LIGHTING PERSONNEL SERVICES 90,225.00 28,114.69 62,110.31 SUPPLIES 18,800.00 3,531.01 15,268.99 SERVICES AND CHARGES 231,742,00 67,742.44 163,999.56 MISCELLANEOUS 500.00 0.00 500.00 CAPITAL OUTLAY 2,500.00 0.00 2,500.00 DEPRECIATION 300.00 0.00 300,00 OTHER FINANCING USES 28,433.00 0.00' 28,433.00 SIGNS & LIGHTING 372,500.00 99,388.14 273,111.86 Expense 372,500.00 99,388.14 273,111.86 Revenue Total 370,000.00 184,941.50 185,058.50 Expense Total 372,500.00 99,388.14 273,111.86 Grand Total -2,500.00 85,553.36 -88,053.36 1 General Ledger Otillwate~ Monthly Report User: SharonH Printed: 05/16/08 11:18:02 TH-;-;IRTHPLACE O~ MINNESOIA' ~ Period 01 - 04 Fiscal Year 2008 - 2008 Z008 Z008 Z008 Description Budget Y-T-D Variance PARKING FUND Revenue LICENSES AND PERMITS 40,000.00 12,290.00 27,710.00 CHARGES FOR SERVICES 143,000.00 0.00 143,000.00 FINES AND FORFEITS 85,000.00 5,843.55 79,156.45 MISCELLANEOUS 16,000.00 1.00 15,999.00 284,000.00 18,134.55 265,865.45 Revenue 284,000.00 18,134.55 265,865.45 Expense PARKING PERSONNEL SERVICES 103,157.00 18,177.82 84,979.18 SUPPLIES 15,200.00 993.13 14,206.87 SERVICES AND CHARGES 46,872,00 11,667.30 35,204.70 MISCELLANEOUS 1,000.00 134.19 865,81 CAPITAL OUTLAY 28,000.00 24,094,25 3,905.75 DEBT SERVICE 0.00 0.00 0,00 DEPRECIA nON 30,000.00 0.00 30,000.00 OTHER FINANCING USES 0.00 0.00 0.00 PARKING 224,229.00 55,066.69 169,162.31 RlVERVIEW PARKING LOT-3RD ST SERVICES AND CHARGES 17,388.00 4,347.00 13,041.00 RlVERVIEW PARKING LOT-3RD ST 17,388.00 4,347.00 13,041.00 Expense 241,617.00 59,413.69 182,203.31 Revenue Total 284,000.00 18,134.55 265,865.45 Expense Total 241,617.00 59,413.69 182,203.31 Grand Total 42,383.00 -41,279.14 83,662.14 1 1. 9:00 2. 9:00 3. 9:10 4. 9:10 5. 9:15 6. 9:20 7. 9:30 8. 9:40 9. 9:50 10. 11. 10:10 Washington ~ ~County Dennis C. Hagberg, Chair District 1 Bill Pulkrabek District 2 Gary Kriesel District 3 BOARD AGENDA MAY 20, 2008 - 9:00 A.M. ~Yra Peterson, Vice Chair istrict 4 ~it:Ord ~ , Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. Consent Calendar Community Services - Mary Farmer-Kubler, Supervisor Amend 2007 Community Development Block Grant - Trailside Senior Living Project Financial Services - Harley Will, Director Certificate of Achievement for Excellence in Financial Reporting - 2006 CAFR Property Records and Taxpayer Services - Kevin Corbid, Director Market Value Exclusion for Disabled Veterans Program Public Works - Wayne Sandberg, Deputy Director Outcome of Feasibility Study for the Removal/Salvage Options of Bridge 5600 General Administration - Jim Schug, County Administrator Legislative Update 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 scheduledfor afuture board meeting. Board Correspondence Adjourn 12. 10:15 to 10:45 - Board Workshop with Public Works Goals and Objectives of the Washington County 2030 Comprehensive Plan Update 13. 10:45 to 11:15 - Board Workshop with Public Works Review Met Council Draft 2009-2012 Transportation Improvement Program 14. 11 : 15 to 12 :00 - Board Workshop with Administration Present Findings of the 2008 Washington County Residential Survey * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Date May 20 May 20 May 21 May 21 May 22 MEETING NOTICES Committee Personnel Committee Meeting HRA Board Meeting Workforce Investment Board Metro Transportation Advisory Board Community Corrections Advisory Board Time Location Washington County Government Center 1584 Hadley Avenue North - Oakdale Platinum Bank, 7667 lOth St. N. - Oakdale 145 University Avenue - St. Paul Washington County Government Center 12:30 p.m, 3:30 p,m. 8:30 a.m. 1 :00 p.m. 7:30 a.m. Assistive listening devices are available for use in the County Board Room mllAI FMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COl\1MISSIONERS CONSENT CALENDAR * MAY 20, 2008 The following items are presented for Board approval/adoption: DEPARTMENVAGENCY ITEM Administration A. Approval of the May 6, 2008 Board meeting minutes. B. Approval to appoint Thomas Polasik, Stillwater Township, to the Carnelian Marine Saint Croix Watershed District to fill an unexpired term to June 21,2010. Community Services C. Approval of contract Amendment #1 with Two Rivers Community Land Trust to provide an additional $214,757 in HOME funds to develop up to six additional homes that will be sold to low-moderate income individuals. Financial Services D. Approval to change the name of the Financial Services Department to the Accounting and Finance Department. E. Approval of resolution to set up new funds in the county's chart of accounts, Fund 414 - Road and Bridge Capital Projects 414. Public Health & Environment F. Approval of comments to the Comfort Lake-Forest Lake Watershed District regarding their Capital Improvement Plan and approval ofletter to be signed by the Board Chair. G. Approval for the Board Chair and County Administrator to sign Recycling Grant Agreements with the Cities of Hugo and Stillwater for distribution of curbside recycling funds. Public Works H. Approval fo~ the County Board Chair and County Administrator to sign a Programmatic Maintenance Agreement with the Brown's Creek Watershed District for the maintenance of county-installed stormwater structures and facilities installed under permit from the Watershed District. Sheriff s Office I. Approval to accept the service agreement with L3 Communications Mobile Vision for the squad video camera project. * Consent Calendar items are generally defmed 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. Stillwater Fire Department Memo To= From: Mayor Harycki and Council StuartW. Glaser, Fire Chi~ May 19, 2008 #:-~I Date= Rel: Fire Inspection Fees Several questions have been raised regarding the fire inspection fee schedule and how fees are assessed. I believe this memo will help clarify and explain the cunent process. General FirelnsDections 1. Fees are billed per business. a. Numerous occupancies have more than one business or rental space within their building. All spaces need to be inspected regardless of size. 2. Fees are based on square footage of the occupancy. a. $75.00 is the lowest fee up to $425.00 (see attached fee schedule). 3. Fees include the initial inspection and one follow up iI.spection. a. This provides the occupant the ability to correct any code violations prior to the re- inspection. Ample time is provided for minor code cooections so the OCCIlpaIlt or building owner can make the required cooections. The only exception is if a major life safety issue is identified and immediate cooections win be ordered. 4. StJ11water has fNer 600 plus commereiaI occupancies and the goal is to have a two year inspection cycle. In essence a comrnen:iaI occupancy will be inspected once every two years at a minimum a. Exceptions to the two year inspection may include: i. Turnover of a business or change of occupancy which may require a fire inspection for the certificate of occupancy to be issued. ii. Liquor license applications. iii. Response to a citizen complaint or oonoem of a potential code violation. iv. The sale of fireworXs requires an annual permit to sell and the fee Stillwater ClII18I1tIy bills is $100.00. state statute allows a local unit of government to charge a minimum fireworXs inspection fee of $100.00 to a maxinum inspection fee of $350.00 (State Statute 624.20 (d)) (attached). 5. Personnel costs to complete inspectioi1S include but are not limited to: a. Actual site visit and inspection by on duty personnel. $53.40 per hour. b. Vehicle costs estimated at $21.50 per hour based on FEMA equipment rate fee schedule. c. Administrative support costs. $28.05 per hour. i. Scheduling initial inspections. it ScheduIng foIow up inspections as needed. iii. Data enby into computer records management system. 1 d. Fire Marshal review of new construction, re-modeIs, sprinkler system. complex code interpretation. and enforcement $44.38 per hour. e. Adding up all costs the total per hour cost equals $147.33 including benefits. 6. In addition, follow up paperwork and response pre-pIan development occurs after the inspection is complete. Personnel may spend several hours completing paperwork and developing up-to- date pre-plans and owner contad: infoonation upon returning to the station. Vendor 1nsIJectio.'1S 1. The majority of vendor inspections include food preparation, where cooking operations are being conducted with open flame, deep fat frying, or propane activities. Fireworks vendors who seD fireworks specificaIy are inspected as weD. The possibility of other vendors being inspected could occur but is rare. 2. Fees are billed per vendor a. This includes initial inspection and daily follow up inspections throughout the length of the event, e.g. two days, five days. etc. 3. Plan review of the event layout for public safely per slate fire code. including but not limited to: a. Vendor spacing requirements. b. Propane storage requirements. c. Propane use and quantities. d. Inspection of built in extinguishing systems (cooking hoods, etc.). e. Open flame cooking operations. f. Inspection of portable fire extinguishing systems. g. Compliance with fire retardant fabric requirements for tent vending operations. 4. Personnel costs to complete inspectioi1S include but are not limited to: a. Actual site visit and inspection by on duty personnel. $53.40 per hour. b. Vehicle costs estimated at $21.50 per hour based on FEMA equipment rate fee schedule. c. AdminislJative support costs. $28.05 per hour. i. Scheduling initial inspections. ii. Data entry into computer records management system. d. Fire Marshal review of event layout for public safely per slate fire code. $44.38 per hour. e. Adding up all costs the totaJ per hour cost equals $147.33 including benefits. 5. Stillwater does not assess late fees, additional daily fees, and requires a minimum of 24 hours notice to schedule the inspection. Other AaencY Vendor Fees 1. Washington County Public HeaIIh Inspection Fees: a. State Licensed Vendor - no fee. Vendor must sOON proof of being slate licensed which is amently $130.00 per year. b. Non-Profit Vendor. $42.00 per event c. Private for Profit Vendor. i. $70.00 for 1st day of event ii. $25.00 for each additional day iii. For example, LumbeIjack days as a five day event this year would be $170.00 per vendor - $70.00 for first day and $25.00 for each additional day. The Art Fair would be $95.00 for a two day event - $70.00 for first day and $25.00 for the second. ePage2 d. Late fees. The County requires a minimum two weeks notice to schedule inspections or late fees are assessed. $10.00 for less than two week notice. $30.00 for two day or less notice. 2. Woodbury IisIs a special event vendor pennitwhich costs $150.00. Conclusion The fire department, working proacliveIy with the finance department, mailed infonnaIionaIletters to as many COI11I'1'leItia business properties as possible in early January 2008 to alert business owners of the upcoming change (attached). Inspections began in February 2008. Since inception, over $6,900.00 has been billed to cover inspection costs. EnclosUf8S: ResoIl dion 2007-248 Fees for serviceslp IbIications 2008 Minnesota State S1atute 624.20-62425 Relating to Fireworks Letter sent to business dated January 10, 2008 . Page 3 : RESOLUTION 2007-248 FEES FOR SERVICES/PUBLICATIONS 2008 NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby adopts the following fee schedule for 2008, effective January 1,2008. PLANNING PERMIT REVIEWS AND APPEALS: Comprehensive Plan Amendment -Fee. - Escrow $1,000 $0 $2,500 $5,000 $5,000 $10,000 $7.500 $20.000 Zoning Amendment (text or map) Fee Escrow $500 $0 $2,500 $2,500 $5,000 $5,000 $7,500 $10,000 Planned Unit Development (PUD) Concept Fee Escrow $3,000 $5,000 $5,000 $5,000 $7,500 $10,000 $10,000 $10,000 Final Fee , $1,000 $2,000 $3.000 $5.000 Escrow -0- -0- -0- -0- Subdivision Preliminary Plat Fee $500 + $100 per lot $1,000 + $100 per lot $2,000 + $100 per lot $5.000 + $100 per lot Final Plat Fee $500 $1,000 $2,000 $5,000 0-5 acres 6-40 acres 41-80 acres over 80 acres 0-5 acres 6-40 acres 41-80 acres over 80 acres 0-5 acres 6-40 acres 41-80 acres over 80 acres 0-5 acres 6-40 acres 41-80 acres over 80 acres Escrow $2.500 $5,000 $7,500 $10,000 0-5 acres 6-40 acres 41-80 acres over 80 acres 0-5 acres 6-40 acres 41-80 acres over 80 acres Resubdivision Lot Line Adjustment Appliction Conditional/Special Use Permit Residential $150 Commerical $500 *Escrow amount dependent on Project location, Site cond itions and type of development Tax Increment Financing Application Fee Home Occupation Commercialllndus~rial Use Determination outnfill Design Design Permit Variance Residential $150 Commercial/Industrial $500* *Escrow amount dependent on Project location, Site conditions and type of development Certification of Compliance Design Review Permit Sign Permit Fence Permit Bed & Breakfast Inspection Zoning Letter Annexation Permi~ Site Alteration Permit Demolition Permit Street Vacation Grading Permit - Residential Grading Permit - Commercial . Appeals Permit Modifications Right of Way Permit Obstruction Permit Contractor License $100 $100 $25 $5,000 $100 $500 $500 $50 $100 $25 $50 $25 $100 $100 $1000.00 up to 10 acres $2000.00 10 acres + Fee $25 $150 $250 $150 Engineering Fee $500 Engineering Fee $50 Same fee as original permit Dependent on amount of work done $90 for two week period Escrow n/a n/a n/a $1 ,500 escrow $5.000 escrow An escrow shall be .)stablished as indicated above to cover engineering and legal fees incurred by the City as part ,'f the plan review. 1) The fee shall be doubled for after-the-fact permit applications 2) The Uniform Building Code establishes a .'ee schedule for grading permits SANITARY SEWER RATES First Minimum Charge $39.00 Overage Charge $3.70 SEWER & WATER HOOKUP CHARGES -INFILL LOTS (Approved by Council 11/20/07) Sanitary Sewer $3,200 Water $3,200 STORM WATER RATES in August) J $10.00 per quarter (Discussed at Budget Workshop SIGN & LIGHTING Residents - $8.00 per quarter Commercial based on acreage PUBLICA TIONS/MINUTES/AGENDAS: City Code Book $100 unbound/$125 bound Zoning Book $25.00 Downtown Plan $10.00 Design Manual $5.00 Comprehensive Plan $20.00 -Mailed minutes - per year $60.00 Mailed agendas - per year $20.00 Budget Book $25.00 Financial Report $50.00 . PREPARED MAPS BlacklWhite/Blue Line City Map (8.5 X 11) City Map (11 x 17) City Map (30 X 36) Zoning (8.5 x 11) Zoning (11 x 17) Land Use Map (11 x 17) Asbuilt Drawings (11 x 17) Asbuilt Drawings (24 x 36) Color City Map (30 x 36) Zoning Map (36.X 43) Zoning Map (8.5 x 11) . Zoning Map (11 X 11) Land Use Map (11 x 17) Topographic Maps Parcel Map Electronic Data Via Mail* Electronic Data Via e-mail* $2.00 $2.00 $12.00 $2.00 $4.00 $4.00 $10.00 minimum or $3.00 per page $10.00 minimum or $6.00 per page $24.00 $30.00 $5.00 $7.00 $7.00 $5.00 per acre plus staff time $10.00 minimum or $2.00 per page $25.00 each project plus staff time $15.00 each project plus staff time *Electronic data fee must be paid and license agreement signed before sending information. OTHER SERVICES: Assessment Searches Assessment Roll Copy (each) Copies (BMI) per sh'eet $20.00 $20.00 25i (8.5 X 11) 50i (8.5 X 14) 75i (11 X 17) Color Prints/Copies $2.00 per side (8.5 X 11) (1-5 pages) $1.75 per side (8.5 X 11) (6-50 pages) $2.50 per side (8.5 X 14) (1-5 pages) $2.25 per side (8.5 X 14) (6-50 pages) $3.00 per side (11 X 17) (1-5 pages) $2.75 per side (11 X 17) (6-50 pages) $15.00 per tape $10.00 per tape $15.00 per CD Audio Tape Copies Video Copies CD ROM Copies --LiQUOR & TOBACCO LICENSES: Per year On-Sale $2887.50 On-Sale Club $446.25 On-Sale Sunday $200 Off-Sale $200 On-Sale Wine $315 On-Sale Wine w/Strong Beer $477.75 On-Sale 3.2 Malt Liquor $162.75 Off-Sale 3.2% Malt Liquor $57.25 Tobacco $250 Investigation Fee $300 Permit to consume $35 (local non-profits no charge) Annual Investigation $150 Temporary Liquor U~ense Fee (12 per year - on-sale) $25 per day Temporary Liquor License Fee (3.2 unlimited) $25 per day PAWN BROKER F~E $5,000 plus monthly fee of $200 for computer access charges STILLWATER PARK FEES (Approved by Council on 10/30/07) . All private individuals, religious institutions, and for-profit groups shall pay normal fees. The City does not charge not-for-profit groups and educational institutions to use City Parks, unless otherwise noted. The City does require a refundable damage deposit from ALL groups and persons renting parks facilities. Picnic Shelters and Gazebos $100 refundable damage deposit plus one ofthe following fees: Fri-Sun $50 Stillwater residents $1 'JO non-residents Mon- Thurs $3~ Stillwater residents $50 non-residents Ballfields (for tournaments) $150 Damage Deposit $150 J Park Open Space A $100 refundable damage deposit (i.e. weddings) Pioneer Park Bandshell $100.00 refundable damage deposit and $125.00 fee for residents and nonresidents (anytime). All groups, including not-for-profit groups and educational institutions must pay to use the Bandshell. Teddy Bear Park E:!uilding Rate Schedule: A $100 refundable damage deposit per floor is required plus the following. For-Profrt Grou $160 $45 $125 $35 Special Events in Stillwater Parks $500 Damage Deposit $250 POLICE FEES: Dog Licenses - per year $10.00 Dog Impound $50 Audio Tape Copy $15 . Video Tape Copy $40 State Accident Reports No fee Police Reports No fee Background check $30 per person In-house statistical r.omputer run $25 Bicycle License $1 FIRE FEES: (Discussed during Budget Workshop in August) Automatic fire extinguishing systems 1.2% of value, $100.00 minimum Fire alarm systems 1.2% of value, $100.00 minimum Annual license for r,~tail sales of consumer fireworks $100.00 Residential daycare and foster care inspection $50.00 Vendor inspection $100.00 Open burning permit $15.00 Tank removal permit $75.00 Fire inspection fee for existing buildings. 0-5,000 square feet $75.00 5,001 -10,000 square feet $105.00 10,001 - 20,000 square feet $135.00 20,001 - 50,000 square feet $165.00 50,001 - 75,000 square feet $195.00 75,001 - 100,000 square feet $225.00 100,001 -.150.000 square feet $275.00 150.001 -.350.000 square feet $350.00 Over 350.000 square feet $425.00 Fire inspection fee will cover initial inspection and one follow-up inspection. Re-inspection fee for existing buildings. 1 st follow-up inspection 2nd follow-up inspection 3rd follow-up inspection 4th follow-up inspection 5th + follow-up inspection No charge 50% of original inspection fee 60% of original inspection fee 70% of original inspection fee $350.00 Residential yearly nuisance/false alarm fees - fees based on a per call basis 1-2 3-4 5-6 7-8 9'+ Commercial yearly riuisancelfalse alarm fees - fees based on a per call basis 1,-2 3-4 ' 5-6 7-8 9+ No charge $75.00 $150.00 $300.00 $400.00 No charge $90.00 $180.00 $360.00 $425.00 False alarm fees based on calendar year PARKING FINES: $10 any violation not preceded by another parking violation the prior 90 days $20 any violation preceded by one parking violation within prior 90 days $30 any violation preceded by two parking violations within prior 90 days $25 added to fine if not paid within 10 business days of issuance PERMIT PARKING FEES: $10 permit parking per month per vehicle ($5 per month if after 15th of month) Adopted by the Stillwater City Council this 18th day of Decemb ~ d.ltk7iX Diane F. Ward, City Clerk Fireworks Operator Exam Page 1 of6 MINNESOTA DEPARTMEr'\JT OF PUBLIC SAFETY STATE FIRE MARSHAL Minnesota Statutes 624.20.624.25 Relating to Fireworks 624.20 Fireworks. Subdivision 1. (a) As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph (c), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/1 00 grains or less of explosive compound are used and toy pistol caps which contain less than 20/1 00 grains of explosive mixture. ( c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. (d) A local unit of government may impose an annual license fee for the retail sale of items authorized under paragraph ( c). The annual license fee of each retail seller that is in the business of selling only the items authorized under paragraph (c) may not exceed $350, and the annual license of each other retail seller may not exceed $100. A local unit of government may not: (1) impose any fee or charge, other than the fee authorized by this paragraph, on the retail sale of items authorized under paragraph (c); (2) prohibit or restrict the display of items for permanent or temporary retail sale authorized under paragraph (c) that comply with National Fire Protection Association Standard 1124 (2003 edition); or (3) impose on a retail seller any financial guarantee requirements, including bonding or insurance http://www.dps.state.mn.us/finarshal/Fireworks/FireworksStatutes.html 5/19/2008 Fireworks Operator Exam Page 2 of6 provisions, containing restrictions or conditions not imposed on the same basis on all other business licensees. Subd. 2. As used in sections 624.20 to 624.25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration. HIST: 1941 c 125 s 1; 1988 c 584 s 2; 2002 c 350 s 1; 2003 c 128 art 15 s 6 624.21 Sale, possession, and use ofnreworks prohibited. Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only. HIST: 1941 c 125 s 2; 1963 c 818 s 1; 1982 c 440 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17 624.22 Fireworks displays; permit; operator certincation. Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 624.20 to 624.25 do not prohibit the supervised display of fireworks by a statutory or home rule charter city, fair association, amusement park, or other organization, except that: (1) a fireworks display may be conducted only when supervised by an operator certified by the state fire marshal; and (2) a fireworks display must either be given by a municipality or fair association within its own limits, or by any other organization, whether public or private, only after a permit for the display has first been secured. (b) An application for a permit for an outdoor fireworks display must be made in writing to the municipal clerk at least 15 days in advance of the date ofthe display and must list the name of an operator who is certified by the state fire marshal and will supervise the display. The application must be promptly referred to the chief of the fire department, who shall make an investigation to determine whether the operator of the display is competent and is certified by the state fire marshal, and whether the display is of such a character and is to be so located, discharged, or fired that it will not be hazardous to property or endanger any person. The fire chief shall report the results of this investigation to the clerk. If the fire chief reports that the operator is certified, that in the chiefs opinion the operator is competent, and that the fireworks display as planned will conform to the safety guidelines of the state fire marshal provided for in paragraph (t), the clerk shall issue a permit for the display when the applicant pays a permit fee. (c) When the supervised outdoor fireworks display for which a permit is sought is to be held outside the limits of an incorporated municipality, the application must be made to the county auditor, and the auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the http://www.dps.state.mn.us/fmarshal/Fireworks/FireworksStatutes.html 5/19/2008 FIreworks Operator Exam Page 3 of6 municipality. When an application is made to the auditor, the county sheriff shall perform the duties imposed on the fire chief of the municipality by sections 624.20 to 624.25. (d) An application for an indoor fireworks display permit must be made in writing to the state fire marshal by the operator of the facility in which the display is to occur at least 15 days in advance of the date of any performance, show, or event which will include the discharge of fireworks inside a building or structure. The application must list the name of an operator who is certified by the state fire marshal and will supervise the display. The state fire marshal shall make an investigation to determine whether the operator of the display is competent and is properly certified and whether the display is of such a character and is to be so located, discharged, or fired that it will not be hazardous to property or endanger any person. If the state fire marshal determines that the operator is certified and competent, that the indoor fireworks display as planned will conform to the safety guidelines provided for in paragraph (f), and that adequate notice will be given to inform patrons of the indoor fireworks display, the state fire marshal shall issue a permit for the display when the applicant pays an indoor fireworks fee of $150 and reimburses the fire marshal for costs of inspection. Receipts from the indoor fireworks fee and inspection reimbursements must be deposited in the general fund as a nondedicated receipt. The state fire marshal may issue a single permit for multiple indoor fireworks displays when all of the displays are to take place at the same venue as part of a series of performances by the same performer or group of performers. A copy of the application must be promptly conveyed to the chief of the local fire department, who shall make appropriate preparations to ensure public safety in the vicinity ofthe display. The operator of a facility where an indoor fireworks display occurs must provide notice in a prominent place as approved by the state fire marshal to inform patrons attending a performance when indoor fireworks will be part of that performance. The state fire marshal may grant a local fire chief the authority to issue permits for indoor fireworks displays. Before issuing a permit, a local fire chief must make the determinations required in this paragraph. (e) After a permit has been granted under either paragraph (b) or (d), sales, possession, use and distribution of fireworks for a display are lawful for that purpose only. A permit is not transferable. (f) The state fire marshal shall adopt and disseminate to political subdivisions rules establishing guidelines on fireworks display safety that are consistent with sections 624.20 to 624.25 and the most recent editions of the Minnesota State Fire Code and the National Fire Protection Association Standards, to insure that fireworks displays are given safely. In the guidelines, the state fire marshal shall allow political subdivisions to exempt the use of relatively safe fireworks for theatrical special effects, ceremonial occasions, and other limited purposes, as determined by the state fire marshal. Subd. 2. Operator certification requirements. (a) An applicant to be a supervising operator of a fireworks display shall meet the requirements of this subdivision before the applicant is certified by the state fire marshal. (b) An applicant must be at least 21 years old. (c) An applicant must have completed a written examination, administered or approved by the state fire marshal, and achieved a passing score of at least 70 percent. The state fire marshal must be satisfied that achieving a passing score on the examination satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally recognized standards concerning safe practices for the discharge and display of fireworks. (d) An applicant shall apply in writing to the state fire marshal by completing and signing an http://www.dps.state.mn.us/finarshal/Fireworks/FireworksStatutes.html 5/19/2008 Fireworks Operator Exam Page 4 of6 application form provided by the state fire marshal. (e) An applicant shall submit evidence of experience, which must include active participation as an assistant or operator in the performance of at least five fireworks displays, at least one of which must have occurred in the current or preceding year. Subd. 3. Certification application; fee. An applicant shall submit a completed initial application form including references and evidence of experience and successful completion of the written examination. Applicants shall pay a certification fee of $100 to the State Fire Marshal Division of the Department of Public Safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance. Subd. 4. Classification. When an applicant has met the requirements of subdivisions 2 and 3, the state fire marshal shall certify and classify the operator for supervising proximate audience displays, including indoor fireworks displays, for supervising traditional outdoor fireworks displays, or for supervising both types of displays, based on the operator's documented experience. Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks display is organized and operated in accordance with the state fire marshal's guidelines described in subdivision 1. Subd. 6. Reports. (a) The certified operator shall submit a written report to the state fire marshal within ten days following a fireworks display conducted by the operator if any of the following occurred: (1) an injury to any person resulting from the display of fireworks; (2) a fire or damage to property resulting from the display of fireworks; or (3) an unsafe or defective pyrotechnic product or equipment was used or observed. (b) The certified operator shall submit a written report to the state fire marshal within 30 days following any other fireworks displays supervised by the operator. ( c) The state fire marshal may require other information from operators relating to fireworks displays. Subd. 7. Operator certification renewal. An applicant shall submit a completed renewal application form prepared and provided by the state fire marshal, which must include at least the dates, locations, and authorities issuing the permits for at least three fireworks displays participated in or supervised by the applicant and conducted during the past four years. An applicant shall pay a certification renewal fee of $1 00 to the State Fire Marshal Division of the Department of Public Safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification renewal within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance. Subd. 8. Suspension, revocation, or refusal to renew certification. The state fire marshal may suspend, revoke, or refuse to renew certification of an operator if the operator has: http://www.dps.state.mn.us/finarshaIlFireworks/FireworksStatutes.html 5/19/2008 FIreworks Operator Exam Page 5 of6 (1) submitted a fraudulent application; (2) caused or permitted a fire or safety hazard to exist or occur during the storage, transportation, handling, preparation, or use of fireworks; (3) conducted a display of fireworks without receipt of a permit required by the state or a political subdivision; (4) conducted a display of fireworks with assistants who were not at least 18 years of age, properly instructed, and continually supervised; or (5) otherwise failed to comply with any federal or state law or regulation, or the guidelines, relating to fireworks. Subd. 9. Database. The commissioner of public safety shall maintain a database of the information required under this section for purposes of (1) law enforcement, (2) investigative inquiries made under subdivision 1, and (3) the accumulation and statistical analysis of information relative to fireworks displays. HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art 1 s 23; lSp2003 c 2 art 4 s 28 624.221 Exemptions for license or permit holder. Sections 624.20, 624.21, and 624.23 to 624.25 do not apply to: (a) the holders of a federal explosives license or permit issued pursuant to United States Code, title 18, chapter 40, or their agents when the holder or agent is acting in compliance with the conditions of licensure; or (b) the holders of permits issued pursuant to section 624.22 or their agents, from the date of issuance until 20 days after the date of exhibition authorized by the permit, when the holder or agent is acting in compliance with the conditions of the permit and section 624.22. HIST: 1988 c 584 s 4 624.23 Construction of sections 624.20 to 624.25. Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler, dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by airplanes and railroads, or other transportation agencies for signal purposes or illumination; or the possession, sale, or use of blank: cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or for use as a bird or animal repelling device. HIST: 1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5 624.24 Officers may seize illegal fireworks. http://www.dps.state.mn.us/finarshal/Fireworks/FireworksStatutes.html 5/19/2008 Fireworks Operator Exam Page 6 of6 The state fire marshal, or any sheriff, police officer, constable, or local fire marshal, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of sections 624.20 to 624.25. HIST: 1941 c 125 s 5 624.25 Violation. Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as follows: (1) ifthe violation involves explosive fireworks in an amount of35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both; (2) if the violation involves explosive fireworks in an amount ofless than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and (3) if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both. HIST: 1941 c 125 s 6; 1988 c 584 s 6 Last Modified: March 10, 2008 For additional information, contact Robert Dahm, Minnesota State Fire Marshal Division, at BobertJJalm:1@MaJg.}JJl/~~or (651)201-7200. Minnesota State Fire Marshal Division 444 Cedar St., Suite 145 St. Paul, MN 55101-5145 651-201-7200 - voice 651-215-0525 - fax 651-282-6555 - TDD http://www.dps.state.mn.us/fmarshal/Fireworks/FireworksStatutes.html 5/19/2008 January 10, 2008 Re: City of Stillwater fee schedule Dear Business owner/lessee: This letter is to inform you that effective January 1,2008; the City of Stillwater will be charging fees for general fire inspections and recurring false/nuisance fire alarms. The decision to recover costs associated with inspection activities and false alarms was made by City Council during budget hearings in August 2007. The City will begin invoicing public and commercial businesses within the City of Stillwater according to Resolution 2007-248 Fees for ServiceslPublications 2008. A commercial or public business will be invoiced after a fire inspection has been completed. In the event your business or facility has a fire alarm system and recurring or repetitive false/nuisance alarms should occur, your agency will be invoiced accordingly. The City will issue invoices on a monthly basis. If you have questions please contact Deputy Chiet7Fire Marshal Tom Ballis at 651.351.4951 or Chief Stuart Glaser at 651.351.4970. Sincerely, S;C.2. l,J G.~4. Stuart W. Glaser Fire Chief /swg Enclosure: 2008 Fire Fee Schedule CITY HALL: 216 NORTH FOURTH STREET · STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 · WEBSITE: www.cLstillwater.mn.us ... May 8, 2008 STILLWATER TOWN BOARD MEETING Town Hall ~~ , ; 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Jim Doriott, Linda Countryman, Sheila-Marie Untiedt, Jim Hiniker and Clerk Pat Bantli. Also, Treasurer Carol Collins, Attorney Soren Mattick, Planner Sherri Buss, Engineer Paul Pearson, Chief Of Police Steve Nelson and Park Manager Rick Jacobson. 1. AGENDA - M/S/P Hlniker/Doriott moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Hiniker/Countryman moved to approve the 4/24/08 Stillwater town board meeting minutes as written. (5 ayes) 3. TREASURER- a. Report was given. b. Claims were reviewed and checks #18668 through #18684 were approved for payment. 4. ATTORN~- a. Attorney Mattick reported that Axdahl's attorney contacted him regarding the status of the development contract. Attorney Mattick is waiting to receive the signed development contract so that it may be recorded against the property. b. Attorney Mattick reported that all properties along Arcola Trail that were designated as Green Acres were not required to pay the special assessment levied against their property at this time. However, per Washington County, interest was accruing on the special assessment. The special assessment would become due when the property was no longer designated as Green Acres. . c. Attorney Mattick will prepare a letter regarding past due consulting fees to be sent to Mr. Gohllke. d. Jim' Hlniker will Investigate the best way to pay for web page services currently being provided to the Township. e. Attorney Mattick and Planner Buss have not received any new Information regarding the County's progress towards requiring a plat for all new minor subdivisions. f. Attorney Mattick reported that he had reviewed the proposed recycling contract from Washington County. The new contract required that the Township require all waste haulers within the Township to Indemnify and hold the County harmless. The current waste hauling ordinance does not Impose this requirement on the waste haulers. In addition, Karen Richtman submitted her resignation as the Recycling Coordinator effective F"" Stillwater Town Board Meeting - 5/8/08 Page Two May 1, 2008. Attorney Mattick was directed to review the contract between the Township and Karen. Attorney Mattick will make a report regarding the contract with the County and Karen :at the next meeting. 5. PLANNER ~ ') a. The Board discussed the Crosswinds Church application for a CUP, and the recommendations of the Planning Commission.. The Board made the following changes to the conditions: 11. The final construction Plans and design information shall be submitted to the Township for review and aooroval. The Plans should show easements over drainage facilities. The Applicant should provide the Township with easement documentation. Typical sections for parking area and driveway shall be provided with the construction plans. 16. The use of outdoor lighting is restricted ?tccordlng to the following: Outdoor lighting on the Church site must be turned off one (1) hour after any event with security lighting oermltted as aoproved In ttl~ lighting plan. 24. The CUP shall expire and be considered null and void three (3) years after it has been issued if no construction has begun or if use has not been established. The Applicant shall present final plans to the Town Board for review and aporoval before building permits will be issued to assure that the olans are consistent with the concept plans presented at the May 1. 2008 Planning Commission meeting and approved for this conditional use permit on May 8. 2008. 25. The CUP is approved for the activities proposed by the Applicant in the document titled "Crosswinds Community Church Weekly Programming in the Prooosed New Facility (4/17/2008)." Expansion of the types of activities at the site will require approval of an amendment to the CUP. 26. The CUP shall be subject to annual review by the Township after the facility is constructed for compliance with the conditions set forth in this CUP. 27. No amplified sound is oermitted outside the building. 28. No alcoholic beverages may be served on the site with the exception of communion wine. 29. All fees and escrow must be paid. The Board approved the CUP for Crosswinds Church, with 4 votes to approve and 1 opposed. \- J. Stillwater Town Board Meeting - 5/8/08 Page Three b. Building Inspector Jack Kramer requested that the Planner request a clarification from the Board regarding Accessory Buildings. . The Township Ordinance Indicates that Accessory Buildings may not have a kitchen or full bathroom. The term "full bathroom" Is not defined In the ordinance. Jack asked If a "three-quarters bath" (sink, toilet, 'shower) Is prohibited In the Board's view. The Board Indicated that It Is not. The main Item of concern Is a kitchen. The Planner will provide this Information to the Building Inspector. 6. ENGINEER- a. Plugged Culvert (Mayfield Avenue) - John Raleigh was notified by a resident In the area that the culvert under the road was plugged. John observed the condition of the metal culvert and found that the bottom of the culvert was rusted away and Is In need of replacement. The Engineer will meet with the Watershed and DNR to determine if a permit is required and will also coordinate the replac;ement with Raleigh. b. OTTA SEAL - The Engineer reviewed and discussed photographs of a county construction project completed In Goodhue County In 2007. The Engineer will be researching the estimated construction costs for OTTA Seal and comparing this Information to the cost of gravel road maintenance. If OTTA Seal Is determined to be feasible, the Engineer will continue research of this construction method Including how the surface is affected by snowplow equipment. 7. PEOPLE PORTION - a. Town Board Monthly Police Report - 1. Steve Nelson praised Rick Jacobson for the good job he's doing keeping him advised of Otto Berg Park reservations. 2. Four burning permits - running fires with variances from the DNR. 3. Two buckthorn permits issued. 4. Burning ban still In effect. No end date known as yet. S. Bears are getting aggressive. Several porches were damaged~ 6. Road restrictions are off effective May 9th. 7. The Outing Lodge personnel have requested a permit for fireworks with the fire departments approval and time limits to be In effect. The town board members have all said "no" to the Issue of fireworks. b. Maronevs - Mike Maroney was present to talk about his recycling and solid waste business. He says he has a two sort method with a high recovery rate. The supervisors asked him to do a Heavy Metal collection day on June 7 from 8 a.m. - 12:00 p.m. A six month or quarterly refuse report was asked for. c. Sue Langer will get an itemized price list from Haines Tree Service for the removal of two dead trees in the right-of-way near their home, and forward them to the township for the boards consideration. .. Stillwater Town Board Meeting - 5/8/08 Page Four d. Watson Kennel Permit - The Watsons have paid for their kennel permit. The attorney will draw up a conditional use permit with a stamp on It for them. e Fire Contract - The attorney will take the fire contract to the City of Stillwater for discussion. 8. APPOINTED TOWNSHIP CLERK POSmON - The appointed township clerk position will be on the November ballot. Filing will take place at the e~d of August. 9. TOWN BOARD POUCY'ON RECOMMENDATIONS - Sheila-Marie Untiedt asked what the town board polley should be regarding a reco~mendation. Aboard member can make a personal recommendation as an Individual but a board action would still be required to fill a position. 10. VACATION OF PROPERTY - Rick Jacobson was told to get a legal description and easement for vacation of some property on Norell Avenue North and return to the board members at a regular town board meeting to discuss the matter. 11. ADJOURNMENT - Meeting adjourned at 10:30 p.m. Clerk Chairperson Approved ;.