The URL can be used to link to this page

Home My WebLink About2008-09-02 CC Packet ~ THE I"'"PLACE" MUNII.TA REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth.Street September 2, 2008 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL N.~~Y-<a OTHER BUSINESS STAFF REPORTS 1. Police Chief 2. Fire Chief ~d ~ 4',6\0 ~lY) ~:. : " <,., 3. City Clerk 4. Community Dev. Director 5. City Engineer/PWD 6. City Attorney Fi~~n5$Director ity'/~\(Jministrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible approval of August 12, August 19,2008 regular meeting minutes (available Tue~ggiY). PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENQ~...rtJ",S 1. Proclamation: Constitution Week and recessed meeting minutes and OPEN FORUM .',> The Open Forum is a portion of th~.COUr1~I!.!!,eeti~il to address Council on subjects which are not a part of the meeting agenda. The Council !!,~Y tak~ actIQ~"o~.:reply at the time of the statement or may give direction to staff regarding investigation of th~ c0'19~~psexpressed. Out of respect for others in attendance. please limit your comments to 5 minutes or:tess. . CONSENT AGENDA *,<.,.0/:"/' 1. Resolution 20~~10'~~.?irecting~ayment of bills 2. Resolution 2001,-109~'ElPproVcing agreement with Donald Empson for 2nd Phase of Heirloom Homes project,.,.: . .... 3. Possibl~apprOYl;i1 of permifto sell - Lily Lake Ballfields - Brian Nelson PUBLIC HIi~RINCi.S - Out of respect for others in attendance. please limit your comments to 10 minutes or less. . 1. e No. 6'....30. This is the date and time for a public hearing to consider a request from Scott Junker, r~pres~nting David and Bev Junker, for a street vacation request for a 150 foot portion of Aspen Street between 1001 North 4th Street and 920 North 3rd St in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 22, 2008. (Resolution - Roll Call) . 2. Case No. 08-34. This is the date and time for a public hearing to consider a request from Paul Weiler, Youth Service Bureau, Inc., for a Zoning Text Amendment to allow "amusement and recreation establishments by special use permit in the BP-O, Business Park Office District" located at 1901 Curve Crest Blvd, Suite 101 and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 22, 2008 (possible 1 st reading of an ordinance) UNFINISHED BUSINESS NEW BUSINESS 1. Possible adoption of resolutions: Adopting the proposed tax levy for the payable year 2009, Adopting the proposed budget for the year 2009, and Setting payable 2009 Truth-N-Taxation Pubic Hearing dates (3 separate resolutions) (Roll Call) 2. Possible adoption of resolutions for cost declarations, ordering preparation of assessment roll, and calling for hearing on the Sidewalk Rehabilitation Project (Project 2008-05). (Resolution/Roll Call) 3. Possible adoption of resolutions for cost declarations, ordering preparation of assessmenrr61l;,and calling for hearing on the Street Improvement Project (Project 2008-02). PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to~e routine by the City Council and will be enacted by one motion. There will be no separate di~9ussiono'1~~~se items unless a Council Member or citizen so requests, in which event, the items will be removeq from the consent agenda and considered separately. Page 2 of 2 City Council Meeting August12,2008 REGULAR MEETING 4:30 PM Vice Mayor Milbrandt called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Assistant City Engineer Kraftson OTHER BUSINESS Update on safety or storm ponds and catch basins on the North Hill proiect Assistant City Engineer Kraftson stated this issue was raised during the annual public storm water meeting on May 6, at which time several concerns were raised about the safety of catch basins with large openings and the safety of several storm water ponds. Since that time, staff met with a representative of the League of Minnesota Cities, Josh Fitch, who took photos of some of the older catch basins and also visited the two storm water ponds that were singled out as being of concern. Mr. Kraftson informed the Council that Mr. Fitch has recommended that the City upgrade some of the older style catch basins and document a program to upgrade those. Mr. Kraftson said Mr. Fitch did not have any specific safety concerns regarding the storm water ponds, but did note the pond at Second and Hazel has the Zephyr railroad track running along the north side and did recommend that a "no trespassing" sign be placed adjacent to the railroad right- of-way to limit unauthorized access; fencing was not recommended. Mr. Kraftson said an inventory of 157 catch basins has been completed and there are 77 of the old Type I catch basins with openings ranging from 3 to 15 inches, 10 Type II basins with openings ranging from 6-8 inches, and 70 of the Type III basins with openings of 6 inches. Most of the Type I basins are located in the North Hill area. Staff is recommending that the City continue to replace the obsolete, outdated basins in conjunction with street reconstruction projects and accelerate the replacement of the older basins with the largest openings. He said the recommendation is to have Public Works replace 4-6 catch basins each year. Estimated cost is $4,500 per structure, which could be funded City Council Meeting August 12,2008 from the Storm Water Utility Fund. He said the basins with the largest openings, 10-15 inches, could all be replaced within the next 4-6 years according to that schedule. The focus then would be on replacement of the basins with 7-9 inch openings. No replacement is planned for the Type III basins. Regarding the storm water ponds he stated that a "no trespassing" sign will be placed on the north side of the pond at Second and Hazel and staff will continue its schedule of required pond inspections for the MS4 permit and observe the ponds for any inappropriate use. Councilmember Polehna asked about plantings that might inhibit people from gaining access to the ponds, but not inhibit water flow; Mr. Kraftson said most of the ponds are surrounded by tall grass, no-mow area, but that staff could look into that possibility. Motion Councilmember Nyberg, seconded by Councilmember Gag to direct staff to implement the catch basins replacement program and storm water pond measures as presented. Councilmember Polehna asked that the motion include directing staff to look into the option of the planting barriers, especially on the ponds with steeper slopes. Councilmember Nyberg agreed to make that part of the motion, Councilmember Gag seconded amendment. All in favor. STAFF REPORTS Police Chief Gannaway reported on Lumberjack Days activities, noting that this was a quiet year. He said overall, there was about a 36 percent reduction in calls and ICRs. Incidents such as assaults and disturbing the peace were down between 20 and 30 percent. Chief Gannaway stated the intent is to commit 6 to 8 officers to the City of St. Paul for five days during the Republican National Convention. He stated the City's department will be fully staffed, and the City reserves the right to recall the local officers if need be. Vice Mayor Milbrandt asked if any events would be held locally. Chief Gannaway noted there is security issues involved in responding to that question however one officer is assigned to gathering information about potential convention activity/disruptions and that information is changing constantly. Fire Chief Glaser gave an update on the fire department's activities during Lumberjack Days, including the number and types of calls and the hours spent on code enforcement activities; activities and events staffed by fire department personnel; and total number of staff hours. He stated that the department has not committed nor been asked to commit staff to Republic National Convention-related activities. Community Development Director Turnblad told the Council that construction drawings for the parking ramp are about 50-75 percent complete and it appears the number of parking spaces will be close to the 313 maximum number previously estimated. He said LSA Design has found a way to use hand-laid masonry on al! four sides and at an affordable cost. The target date to send the project out to bids is September 9 with bids due on October 14. If that timetable remains on schedule, bids could be awarded on October 21, with a possible start date of November 1. Construction is projected to take Page 2 of 11 City Council Meeting August 12, 2008 10 months. He stated that an interim parking arrangements is being developed for Lowell Inn guests and impacted businesses; and that the plan will be brought to the Parking Commission for input. Public Works Director Sanders reported the seal coat project is complete, and the contractor will be sweeping the streets for any loose gravel in the next few days. He invited property owners who experience problems regarding the sweeping/clean up to contact Public Works. Vice Mayor Milbrandt asked about the bridge repairs and whether heavy trucks are still banned. Mr. Sanders reported the repairs have been completed and the bridge opened several days ahead of schedule with the bridge open to trucks of all sizes. Vice Mayor Milbrandt recessed the meeting at 5:00 p.m. RECESSED MEETING 7:00 PM Vice Mayor Milbrandt called the meeting to order at 7 p.m. Present: Absent: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders PLEDGE OF ALLEGIANCE Finance Director Harrison led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Nyberg, seconded by Councilmember Polehna to approve the special and regular meeting minutes of July 15, 2008, and minutes of the special meeting of July 22, 2008. All in favor. OPEN FORUM Karen Kramer, 1904 N. Fifth St., read a statement regarding her assessments ($15,290) for the North Hill sewer project. The statement indicated in order to keep her home; she applied for a simple lot split, which included a condition regarding utility hookup fees, with no amount stated. She stated that when she called to inquire about the hookup Page 3 of 11 City Council Meeting August 12, 2008 fees; she was told there is a $12,500 fee for sewer, $12,500 fee for water, plus a $2,000 park fee and $500 for trail construction. She said she was told the fees were assessed in order to discourage development of the parcel, and that she was unaware of any other property in Stillwater where assessments have been placed to deter development. She also stated she checked with surrounding communities and found no other where there were such high assessments, especially since the primary lot was already assessed. She stated including the $15,290 assessment for her lot, and $27,500 for the lot split, she will be paying $42,790 to basically stay in her home. She asked the Council to reconsider the assessment on the subdivided lot. City Attorney Magnuson stated that the actual cost per dwelling or per hookup to construct the North Hill project was about $45,000, pointing out the enormous subsidy involved in the $15,000 assessment. He stated that the rationale for the assessment for vacant lots, those held for resale or speculation, was that those lots should not get the full benefit of the subsidy the City provided for the existing homeowners. Ms. Kramer said she understood that, but felt the only way she can keep her house is to sell part of her property because the original assessments are so high. Vice Mayor Milbrandt pointed out that residents in the North Hill project area paid about 28 cents on the dollar for the cost of construction and noted that in other projects, without the extenuating circumstances of the North Hill project, residents are assessed about 50 percent of the cost. Vice Mayor Milbrandt also pointed out that the $27,500 for the lot split will only be assessed when the lot is sold and the new homeowners hook up to services. Vice Mayor Milbrandt pointed out this issue has been discussed before, and the conclusion has been that this is an equitable settlement for the residents of the area. City Attorney Magnuson pointed out it would require a very formal procedure to modify the assessment role, as the assessment are pledged toward the repayment of the bonds. Ms. Kramer asked the Council to consider doing just that, suggesting this issue likely will come up again in the future when others start to consider resubdividing their property. Councilmember Nyberg said he would be willing to entertain additional discussion on the issue. Councilmember Gag pointed out the Council just had a similar discussion and it was a 4-1 vote in establishing the assessment policy for the North Hill project. Vice Mayor Milbrandt restated the position of the Council that the subsidy of the original assessment for the North Hill project should go to existing homeowners due to their efforts in obtaining state grant monies and other efforts, and that those developing future lots would not receive that same level of subsidy and that the decision was reaffirmed by the Council just six months ago. Councilmember Polehna asked about the assessment for parks/trails; City Attorney Magnuson explained that it is the subdivision that results in those assessments. CONSENT AGENDA Motion by Councilmember Gag, seconded by Council member Nyberg to approve the Consent Agenda. Ayes: Councilmembers Gag, Nyberg and Vice Mayor Milbrandt Abstain: Council member Polehna Resolution 2008-95, directing payment of bills Page 4 of 11 City Council Meeting August12,2008 Resolution 2008-96, approving election judges and fixing compensation Resolution 2008-97, accepting work and ordering final payment for 2007 Sidewalk Rehabilitation Project (2007-05) Resolution 2008-98, accepting work and ordering final payment for Stillwater Clinic Pond Project (2005-07) Possible approval to purchase high resolution digital camera - Community Development Possible approval to purchase permit and case tracking software - Community Development Possible approval to renew licenses for backup software for the City's servers - MIS Possible approval of Utility Bill Adjustments Possible approval of Fire Prevention Week Sign/Banner placements Possible approval to purchase posts & fence around basketball & tennis courts - Lily Lake Park Possible approval to use Lily Lake Tennis Court for the selling of Christmas Trees - Stillwater Elks PUBLIC HEARINGS This is the date and time for a public hearinQ to consider the application for a new 3.2 percent On-sale liquor License for Minnesota WineQrowers Cooperative. DBA: Northern Vineyards. located at 223 N. Main St. Applicant Robin Partch. Notice was published in the Stillwater Gazette on AUQust 1. 2008. Finance Director Harrison stated approval should be contingent upon approval by Police, Fire, Finance and Building departments and Minnesota Liquor Control. Vice Mayor Milbrandt opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2008-99, approving an on-sale 3.2% liquor license for Minnesota Winegrowers Cooperative; DBA: Northern Vineyards. Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: UNFINISHED BUSINESS EmerQency Operations Center information Police Chief Gannaway reviewed the proposal to upgrade the existing policelfire training room at City Hall so it can also serve as an emergency operations center. He said money has been budgeted for the needed upgrades. Councilmember Polehna asked why it would not be possible to co-locate with Washington County; Chief Gannaway Page 5 of 11 City Council Meeting August12,2008 explained that there would be problems with access to the City's departmental technology. Motion by Councilmember Nyberg, seconded by Councilmember Gag to authorize Chief Gannaway to proceed with the proposal to convert the police/fire training room to serve as an emergency operations center. All in favor. NEW BUSINESS AppointinQ members to the Downtown Sandwich Board Task Force Vice Mayor Milbrandt reviewed the names of people who have indicated a willingnesslinterest in serving on the Downtown Sandwich Board Task Force. It was noted that there is one opening remaining, an additional at-large represesntative. Motion by Councilmember Gag, seconded by Councilmember Polehna to accept the membership of the Downtown Sandwich Board Task Force as submitted. All in favor. Possible approval of storm sewer improvements at the intersection of Greelev Street and Curve Crest Boulevard Public Works Director Sanders explained there have been numerous complaints regarding flooding that occurs at the intersection of Greeley and Curve Crest Boulevard and noted there is only one catch basin on the east side of the intersection. He said the proposal includes adding some catch basins to lessen the possibility for flooding. Two quotes were received, with the low quote from Fuhr Trenching at $34,000. It was noted the project would be funded from the Storm Water Utility Fund. Councilmember Polehna asked if the County would contribute any funding as Greeley is a county road. Mr. Sanders responded that he had been told the work is the City's responsibility. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-100, accepting quotes and awarding contract for Curve Crest Boulevard Drainage Improvements Project (Project 2008-03) Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Discussion of the PlanninQ Commission motion to allow increased siQnaQe in the West Business Park Community Development Director Turnblad explained the Planning Commission has recommended that the Council consider amending the ordinance for the West Business Park to allow for additional signage. He explained that currently one sign is allowed - either a building sign or a monument sign, but not both. He noted that there are a number of businesses in the West Business Park that do have both types of signs, many granted through variances. He said the recommendation is to direct staff to either Page 6 of 11 - City Council Meeting August 12,2008 leave the ordinance as is or to begin the process of looking at whether two signs at each business are appropriate. Councilmember Nyberg said he had observed that many of the businesses in the area have the two signs; however he was concerned by the particular incident that prompted this recommendation/discussion. There was discussion about perhaps changing the City's ordinance to be consistent with Oak Park Heights, which is the governing jurisdiction for more than half of the Highway 36 business corridor. Motion by Councilmember Gag, seconded by Councilmember Polehna to direct staff and Planning Commission to look at the possibility of developing new signage regulations, with a recommendation to be brought back to Council. All in favor. Discussion of the Park Board motion reoardino a permit fee for use of City property to film movies or commercials Community Development Director Turnblad explained this proposal came about as the City was looking at ways to generate additional revenue. He stated that the Park Board didn't feel the number impact by such a fee would be very great and recommended that rather than charging an additional permit fee, the City continue its current policy of charging for any City costs involved in the filming. It was noted that students and non- profit groups would be exempt from any fee. Councilmember Nyberg explained that it was the Park Board's feeling that the numbers didn't justify spending staff time for perhaps 3 to 6 permits per year. Councilmember Nyberg also explained that part of the Park Board's position was based on the fact that the City doesn't charge for use of its parks unless it involves a request for a designated pavilion area or exclusive use of a particular park. Councilmember Nyberg stated while he was the lone dissenting vote on the Park Board, he would support with the Park Board's recommendation. Councilmember Polehna stated he believed that if City facilities are being used for a commercial venture and the general public is being precluded from using a park, the user ought to pay a fee. Councilmember Gag said he would go with the recommendation of the Park Board and pointed out that filming of movies or commercials results in positive publicity for the City. Motion by Councjlmember Nyberg, seconded by Councilmember Gag to leave the ordinance as it is, with no permit fee other than recouping City's costs. Ayes: Councilmembers Gag, Nyberg and Vice Mayor Milbrandt Nays: Council member Polehna Possible acceptance of bids and awardino of contract for the 2008 Sidewalk Proiect Public Works Director Sanders stated two bids were received for the sidewalk project, with the low bid submitted by Curb Masters Inc. at a cost of $34,390. Councilmember Polehna asked if additional properties could be included as the bid is less than the engineer's estimate. Mr. Sanders explained that could be dOlJe if the property owner agrees to the assessment and signs a waiver of appeal. Page 7 of 11 - City Council Meeting August12,2008 Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-101, accepting bid and awarding contract for 2008 Sidewalk Rehabilitation Project (Project 2008-05). . Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Stillwater Water Board well house in Leoend's Park Planner Pogge reviewed the background of the Water Board's request to locate a new well/well house in Legend's Park. He stated the Water Board has indicated it is willing to donate $80,000-$90,000 to the park system for use of the site. He stated the Parks Commission held a neighborhood open house on July 28. He stated no one in attendance at the open house had a concern with the well, but did indicate some concerns regarding the architecture of the well house and asked that the funds the Water Board will be donating be designated for improvements to Legend's Park, including turf improvements, irrigations system, playground improvements and consideration of a new picnic pavilion. The Parks Commission voted 5-0 to recommend Council approval of the Water Board's request subject to the funds being used in Legend's Park and subject to review by the Park Board, along with the Council, of the final design of the well house. Robert Benson and Vern Jacobson were present representing the Water Board. Mr. Jacobson reviewed some of the well house designs that have been done in the past, noting that the architectural design can accommodate neighborhood desires. Mr. Jacobson said the Water Board will either let the Park Board spend the park improvement money or incorporate the Park Board's request into the Water Board's design package. Mr. Jacobson also reviewed the project construction schedule. Mr. Pogge stated the Legend's Homeowners Association would like to play an active role in developing the design of the well house. Motion by Councilmember Gag, seconded by Councilmember Nyberg to approve the well house in Legend's Park. All in favor. Possible approval of parkino maintenance aoreement between the City. SuperValu Inc. and Veteran's Memorial Committee City Administrator Hansen explained that last year the Veteran's Memorial Committee approached the City with a proposal to upgrade the maintenance of the River View parking lot. As a result an assignment agreement was worked out between SuperValu, the City and Veteran's Memorial Committee in which the Memorial Committee basically took over maintenance of the parking facility. The agreement was a one-year trial arrangement and that SuperValu and the Veteran's Memorial Committee are satisfied with the way the arrangement has worked and the recommendation is to extend the agreement for another three years. Page 8 of 11 City Council Meeting August 12, 2008 Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-102, approval of assignment between the City of Stillwater, Supervalu, Inc., and the Veterans' Memorial. Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Stop Siqn Control Modifications Public Works Director Sanders explained that several years ago the City hired a consultant to conduct a stop sign study which resulted in the recommendation for the addition of a number of stop signs. Mr. Sanders said the proposal is to add stop signs at five locations as recommended in the study: westbound stop sign at River Heights Drive and North Second Street; westbound stop sign at Sycamore and North Second Street; westbound stop sign at Laurel and North Second; southbound sign at Olive and South Fourth Street; and westbound stop sign at Stillwater Avenue and North Fourth Street. Also recommended are signs at the north and southbound lanes at Williams Street at Maple due to limited sight distance. He stated that if approved, notices will be sent to area residents regarding the modifications. City Administrator Hansen asked when the signs would be installed, if the Council approved the changes. Mr. Sanders said the signs would be installed before winter. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-103, resolution approving the 2008 Traffic Control Sign changes. Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Possible adoptions of resolutions amendinq Resolutions 2003-230 and 2004-188 relatinq to Taxable Tax Increment Revenue Note (Territorial Sprinqs LLC Proiect), Series 2003 and 2004 City Attorney Magnuson explained that the requests are related to mandatory call dates on the revenue bonds sold for the Terra Springs Project. He said there is no full faith and credit of the City involved, rather it's an accommodation to the holders of the bonds to extend the call date with the hope that market conditions will improve. Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution 2008-104, a resolution amending Resolution No. 2003-230, a resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Page 9 of 11 City Council Meeting August 12, 2008 Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution 2008-105, a resolution amending Resolution No. 2004-188, a resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004 Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Polehna Nays: None PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Vice Mayor Milbrandt commended Councilmember Polehna for his proactive role in getting traffic control measures put into place for the Manning Avenue project. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Gag to adjourn at 8 p.m. All in favor. Wally Milbrandt, Vice Mayor ATTEST: Larry D. Hansen, City Administrator Resolution 2008-95, directing payment of bills Resolution 2008-96, approving election judges and fixing compensation Resolution 2008-97, accepting work and ordering final payment for 2007 Sidewalk Rehabilitation Project (2007 -05) Resolution 2008-98, accepting work and ordering final payment for Stillwater Clinic Pond Project (2005-07) Resolution 2008-99, approving an on-sale 3.2% liquor license for Minnesota Winegrowers Cooperative; DBA: Northern Vineyards . Resolution 2008-100, accepting quotes and awarding contract for Curve Crest Boulevard Drainage Improvements Project (Project 2008-03) Resolution 2008-101 accepting bid and awarding contract for 2008 Sidewalk Rehabilitation Project (Project 2008-05) Resolution 2008-102, approval of assignment between the City of Stillwater, Supervalu, Inc., and the Veterans' Memorial Resolution 2008-103, resolution approving the 2008 Traffic Control Sign changes Resolution 2008-104, a resolution amending Resolution No.. 2003-230, a resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 Resolution 2008-105, a resolution amending Resolution No. 2004-188, a resolution awarding the sale of, and providing the form, terms, covenants and directions for the Page 10 of 11 City Council Meeting August 12, 2008 issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004 Page 11 of 11 ,. '"E '''T'UL''C! 0' MtNNEII'A City Council Meeting August 19, 2008 REGULAR MEETING 7:00 PM Mayor Harycki called the meeting to order at 7 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 Assistant Fire Chief Sallis Police Chief Gannaway Public Works Director Sanders PLEAGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES The August 12, 2008 regular and recessed minutes will be available for approval at the September 2,2008 meeting. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2007 Audit Results - Srock Geven. Larsen Allen & Co. Srock Geyen reviewed the results of the audit report and financial statement highlights. He stated that three opinions were issued as a result of the audit. He stated an unqualified or clean opinion was issued on the financial statement, indicating that all the balances and related disclosures in the document are materially correct. The second opinion deals with internal controls; the audit resulted in no related findings, which is also a clean report. Mr. Geyen noted the no findings related to internal controls was a very good report and is very uncommon among municipalities and a clean report was also issued related to the City's legal compliance. Mr. Geyen highlighted some of the financial results, including the various business-type funds and the government funds, such as the St. Croix Valley Recreation Center. He also addressed total revenue by source, capital-related expenditures, net tax capacity, legal debt margin, and general fund balance. , City Council Meeting August 19,2008 Mr. Geyen concluded his presentation by stating the results of the audit and that the audit reports are very good, very clean, and the financial results for the year were also very positive. As a whole, he said, one could make the conclusion that the City is in a stronger financial position at the end of 2007 than it was at the end of 2006. The Council thanked Finance Director Harrison and her staff for a job well done. OPEN FORUM Gene "Taco" Sealka, 711 Lake Drive, Stillwater, asked about a line item - signs and lighting - that appears on the quarterly utility bill. Mayor Harycki explained that is a fee that was instituted several years ago. City Administrator Hansen stated that in 2004, the City was under a severe budget problem, and the City created a signs and lighting charge to cover about $200,000 in electricity charges. He stated that the fee was a way to take that charge out of levy limits and charge residents on their utility bills. Mr. Sealka pointed out that the lights at the Lily Lake tennis courts are on until nearly midnight on a regular basis; Mr. Hansen said the lights are regulated by a timer and should go off at 10 p.m. that he would have Public Works check on that. Mr. Sealka proposed that all senior citizens and hardship cases be excluded from the signs/lighting fee. There was discussion about perhaps having coin-operated mechanisms installed at the tennis courts. Mayor Harycki noted that the lighting for the tennis courts is paid for through the parks fund and general property tax, not the signs and lighting fee. Mr. Sealka reiterated his proposal that seniors and hardship cases be excluded from the fee. STAFF REPORTS Assistant Fire Chief Sallis reviewed Chief Glaser's memo outlining possible options for changes to the vendor and commercial business inspection fees. He said one option for the vendor inspection fee is to change to an annual, one-time permit fee; currently the fee is $100 per event. Another option is a daily permit with a fee of $25. The third option would be to eliminate the fee altogether. Regarding the inspection fee for commercial businesses, City Administrator Hansen noted previous concerns regarding the impact on small businesses and that the recommendation is to base the fee on square-footage which would reduce the impact on small businesses significantly. Councilmember Nyberg spoke in favor of Option 2 for both the commercial businesses (square-footage based) and Option 2 for the vendor inspections ($25 daily permit). Councilmember Milbrandt suggested modifying the daily fee option to include a maximum of $100 per event. Mayor Harycki spoke in favor of Option 3 - eliminating the fees for both the vendor and commercial business inspections. Councilmember Polehna asked about the ramification of eliminating the fees. City Administrator Hansen stated the '09 budget anticipates about $50,000 in revenue generated by the inspection fees; if the Council decides to eliminate the fees, the Council would need to consider another revenue generating idea or a deduction in the budget. Page 2 of 5 ... City Council Meeting August 19, 2008 Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008-107, revising fire inspection fees, which accepts Option 2 under Item 5, with an event cap of $100; and Option 2 under Item 8 with 0-1,500 square-foot a $25 fee, 1,500-2,500 square feet $50, and the rest to stay as presented. Councilmember Polehna asked for a clarification regarding Summer Tuesdays. Councilmember Milbrandt amended his motion to add that Summer Tuesdays be a separate line item separately with an inspection fee of $25 per day or $50 per the entire event; Councilmember Gag agreed to second the amended motion. Ayes: Councilmembers Gag, Milbrandt, Nyberg, and Polehna Nays: Mayor Harycki Community Development Director Turnblad stated Norm Steere has volunteered to serve as an at-large representative on the Downtown Sandwich Board Task Force and asked the Council if they wished to appoint Mr. Steere to the task force. Councilmember Milbrandt pointed out that Mr. Steere is neither a downtown business owner/property owner nor a resident and it was consensus to continue to solicit volunteer to fill the opening. Finance Director Harrison stated the City had received its levy limit certification. She stated the proposed levy given at the recent budget meeting 'is about $16,000 less than the levy limit. She referred to a worksheet highlighting the impact of the levy. She stated the major changes are the fiscal disparities portion of the levy, which went up significantly, and the total tax capacity, which went down. She noted these are still rough estimates; the final figures won't be known until September. The other significant difference is the impact of the tax levy. She stated that the impact of the levy could range from $0.57 to $2.89 increase in the City's share of property taxes. She also stated that during the budget workshops, the Council expressed interest in increasing the City's contribution to the Youth Service Bureau from $35,000 to $40,000, and giving a $5,000 contribution to the Lucy Winton Bell Foundation. She stated that with some of the changes made during the budget workshops, funding was made available for those two contributions, and they are included in the budget and levy. The contributions did not increase the levy. She asked the Council whether it wished to adopt the proposed budget and levy on September 2 or hold another workshop. Consensus was the Council was comfortable with the proposed budget and levy and to prepare the necessary resolutions for adoption on September 2. Public Works Director Sanders stated he had checked into traffic-calming seminars, as directed by the Council. He said Police Chief Gannaway found a class, "Solving Neighborhood Traffic Problems," offered by the University of Wisconsin. The cost of the 2-day seminar, which is offered in Madison, is $800. Mayor Harycki noted the intent was to have one person from the Police Department and one from Public Works attend and wondered if there were funds available in the budget. City Administrator Hansen said there were available funds should the Council wish to send two staff members. Page 3 of 5 .. '. City Council Meeting August19,2008 Mr. Sanders also told the Council that staff had been attending meetings with other government entities to discuss the possibility of purchasing bulk fuel through one contract. He informed the Council that the City would be able to purchase fuel through the contract for a set fee for 2009. He said staff will be attending future meetings and will come back with additional information. Mr. Sanders noted the drainage improvement project at Greeley and Curve Crest would be beginning shortly and that it is not anticipated the project will necessitate road closures, but will result in one-lane traffic that will likely cause some delays. Mr. Sanders referred to a memo from Assistant Engineer Kraftson regarding a proposal to utilize hydroseeding, rather than sod, for the turf restoration for this year's street improvement project. He stated that seeding would result in a savings of about $15,000. Mayor Harycki asked about the homeowners' responsibility for watering; Mr. Sanders said informational brochures would be sent to residents' regarding the maintenance. Councilmember Polehna asked if there were specifications for the seed; Mr. Sanders responded in the affirmative and also noted that the City had changed its specifications for top soil and now requires pulverized top soil. City Administrator Hansen said every year when the City does its insurance renewal, the League of Minnesota Cities asks if the City wants to waive its liability limitations. He noted the City has never done that, and he would never recommend that be done. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, moved that the City not waive its tort liability limits. All in favor. CONSENT AGENDA Motion by Councilmember Nyberg, seconded by Councilmember Gag to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008-106, directing payment of bills COUNCIL REQUEST ITEMS Council member Nyberg stated he had received several calls regarding increased traffic in the Croixwood area due to the Manning Avenue project and asked if it would be possible to step up enforcement or post traffic control signs to slow the traffic down. Police Chief Gannaway said that the department would take care of the matter. Page 4 of 5 .. / City Council Meeting August 19, 2008 Councilmember Polehna suggested a discussion about lobbying efforts, and spoke of the importance of communicating with each other and presenting a unified front. It was agreed to discuss lobbying issues in an October workshop. Mayor Harycki suggested the McKusick test results as another workshop topic for the fall or winter. Councilmember Polehna asked about a meeting with the Brown's Creek Watershed District; Mr. Sanders said that will likely take place in November. Mayor Harycki asked about the status of a water issue at the small park across from the Lowell Inn. Mr. Sanders said staff has been looking at the possibility of installing a small pump, but the difficulty is getting electricity to the site. Mr. Sanders said staff is looking at the options for getting power to the site. Mayor Harycki asked staff to look into the possibility of a cro~swalklstriping along side of the road to facilitate folks in wheelchairs crossing from the Clinic to Tower Drive. Mayor Harycki also mentioned the possibility of a crosswalk on Greeley near Nelson's Ice Cream and at Ramsey Park; Mr. Sanders said staff is looking at the best location for the Greeley crosswalk, and he has asked the County for a crosswalk at Ramsey Park. STAFF REPORTS City Administrator Hansen stated that on August. 29, the City would be hosting a group of nine Haitians who will be here learning about U.S. city government. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 8:10 p.m. Ken Harycki, Mayor ATTEST: Larry D. Hansen, City Administrator Resolution 2008-106, directing payment of bills Resolution 2008-107, revising fire inspection fees Page 5 of 5 City O~ g tiQQwatelt. uU itltlesota cP ltocQamatiOtl WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 2008 marks the two hundred twentieth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the president of the United States of America designating September 17th through 23rd as Constitution Week, NOW, THEREFORE, I, KEN HARYCKI, by virtue of the authority vested in me, as Mayor of the City of Stillwater, in the State of Minnesota, do hereby proclaim the week of September 1 ih through 23rd as CONSTITUTION WEEK and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be aff.ixe~ this 2nd day of September, 2008. uUaYO/l Ii'" i RESOLUTION 2008-108 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $315,098.10 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 2nd day of September, 2008 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT II A" TO RESOLUTION #2008-108 1st Line Leewes Able Hose & Rubber Adventure Club Allied Blacktop Company Ancom Communication Aspen Mills Board of Water Commissioner Braun Intertec Broshar, Ryan Carquest Auto Parts Cartridge World CDW Government, Inc. Clark, Luann Coca Cola Cole Papers Comcast Cub Cummins NPower, LLC Drummond American Corp. Emergency Medical Products, Inc. Felsch, Chris Force America Galls GCR Minneapolis Truck Tire Ctr General Security Services Corp Gimmees Goodin Company Great American Marine HD Supply Waterworks, Ltd. Heritage Printing J. H. Larson Johnson Controls League of MN Cities League of M N Cities M/ A Associates Mac Queen Equipment Inc. Magnuson Law Firm Menards Menards Metro Fire MN Fall Maintenance Expo MN Office Of Enterprise Technologies National Playground Safety Institute Concession Supplies Equipment Repair Supplies Park Deposit Refund 2008 Street Seal Coat 5 Radios Uniforms 602 Hickory St. Paid to City in Error Professional Services Park Deposit Refund Equipment Repair Supplies Toner UPS Battery Backup Cleaning At Public Works Soda For Concession Janitorial Supplies Cable at Rec Center Concession Supplies Generator Repairs Janitorial Supplies Safety Glasses Tuition Reimbursement Kit to Calibrate Sanders on Trucks Uniforms Tires Alarm Monitoring Services National Night Out Boiler & Equipment Repair Supplies Repairs to Zodiac Check Valve parts Learn to Skate/Hockey Flyers Equipment Repair Supplies Repairs to HVAC Fireworks Insurance Claim # 11063667 Janitorial Supplies Equipment Repair Supplies Professional Services Materials for New Play Structure Equipment Repair Supplies SCBA Flow Test Registration Fees Wide Area Network Usage Registration Fees "l. \ 515.10 69.30 100.00 149,001.76 2,844.18 157.01 76.40 4,945.00 100.00 164.37 23.42 60.78 190.00 661.26 375.05 68.65 16.75 284.41 354.45 89.25 1,050.00 1,628.79 129.98 396.29 71.22 1,317.28 8,257.63 227.93 2,316.93 1,547.92 15.75 298.00 500.00 1,000.00 83.28 31.89 6,723.33 759.67 86.80 130.00 120.00 140.83 675.00 ,. J EXHIBIT n An TO RESOLUTION #2008-108 Nextel NFPA Office Depot On-Site Sanitation Polfus Implement Quill Reliable Office Supplies Rescue One Riedell Shoes, Inc. Roeller, Jennifer SEH Sentry Systems, Inc.; St. Croix Scuba & Snorkeling Stellar Energy Services Stripe - A - Lot Sun Newspapers T.A. Schifsky & Sons, Inc. Tessman Seed Company United Rentals USA Mobility Wireless, Inc. USAble Life Verizon Wal Mart Community Watson Company Wet Technology Inc. Yocum Oil Company LIBRARY . Baker & Taylor Books Buettner, Gus Diebel Services Ersland, William Flipp, Nicole Heritage Printing Hogler, Roger Kruger, Les Oseland, Brenda Sather, Martha Stillwater Gazette Stillwater Public Library Toshiba Value Line Washington County Library Page 2 Cell Phone Fire Education Brochure Office Supplies Portable Restroom Rental Equipment Repair Supplies Office Supplies Paper Tail Light Skates for Resale Mileage & Parking Reimbursement Professional Services Commercial Alarm Monitoring Certification Equipment Repair Supplies Striping at Rec Center Publications Asphalt Grass Seed Equipment Repair Supplies Pager Service/Repairs Term Life Insurance Cell Phone RNC Supplies Concession Supplies Cooling Water Treatment Fuel Library Materials Refund Window Washing Event Preparation Refund Paper Building Repair Local Historical Book Refu nd Refund Subscription Postage Maintenance Contract Reference Source Electronic Database 715.61 911.76 129.47 1,222.56 28.49 81.98 160.79 21.59 68.13 131.65 259.02 140.65 175.00 146.97 2,485.00 187.90 10,637.69 393.62 14.23 11.71 439.92 998.39 364.14 167.78 587.88 8,013.03 2,455.55 17.00 750.00 35.53 8.00 34.50 445.00 18.95 14.00 22.00 218.00 26.52 35.64 246.00 1,389.90 EXHIBIT" A" TO RESOLUTION #2008-108 ADDENDUM A.T.O.M Allen, Brad Aspen Mills Bruchu, Brian City of Oakdale Clark, Luann Cub Foods CVB Delta Dental Denny Hecker Auto connection Fury Dodge Hansen, Larry Hansen, Steve J.H.Larson Lakeview Hospital Legislative Associates, Inc. Napa National Neighborhood Watch O'Niell, Ann Plant Health Associates, Inc. Push, Pedal, Pull Qwest Riedell Shoes Sexual Assault Response Team Stillwater Motors Wrap-N-Ship Xcel Zoller, Steve Adopted by the City Council this 2nd Day of September, 2008 Registration Fees Reimburse for Riot Helmet Uniforms Reimburse for Uniforms Lumberjack Days Police Reserves Cleaning at City Hall Picnic Food & Supplies Lodging Tax Cobra Dental Vehicle Repair Charges Vehicle Repair Charges Reimburse for Supplies Reimburse for Tuition Copper Pipe & Fittings Legal Blood Draws Professional Services Equipment Repair Supplies Neighborhood Watch Signs Reimburse for Parking Ticket Professional Services Equipment Repair Supplies Telephone Skates for Resale Professional Services Vehicle Repair Charges Shipping Charges Electricity & Natural Gas Reimburse for Books for a Class TOTAL Page 3 '" ~ 100.00 128.27 200.19 307.42 7/560.00 867.50 176.75 38/214.17 303.60 230.99 149.28 28.52 1/675.00 492.53 80.00 2/791.67 120.35 132.00 5.00 752.00 104.55 405.52 1/898.08 200.00 35.99 81.68 36/195.33 44.50 315/098.10 ... ,", Y~\J \ ~-E> ~ I ~}tillwater ',~~ ~~ THE BiRTHPLACE Of MINNESOTA) CONTRACT AGREEMENT THIS AGREEMENT, is made this day of , 2008 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") and Donald Empson (hereinafter called "Contractor"). 1. The Work. The Contractor agrees to perform and complete work for the second phase ofthe Heirloom Homes project. All work will be done in a workman-like manner and materials will be fit for the purpose. Work must be completed according to the RFP attached as Exhibit A and the work plan submitted by Donald Empson attached as Exhibit B. 2. Rate of Compensation. Compensation to the Contractor shall not exceed $15,000. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work according to the General Requirements, General Conditions, and Specifications for the project. 4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission ofthe Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 5. Completion Date. Completion of work related this project must be completed by July 31,2009. 6. Ownership of Documents and Plans. All materials produced by the contractor during the course of the project shall be owned by the City of Stillwater. '" , CITY OF STILLWATER By: Ken Harycki, Mayor By: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this of Ken Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. , 2008 by Notary Public Commission Expires: Commissioned At: / / CONTRACTOR By: Donald Empson STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ of Donald Empson. , 2008 by Notary Public Commission Expires: Commissioned At: / / AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street September 2, 2008 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA APPROVAL OF MINUTES - Possible appr August 19, 2008 regular meeting minute 3. City Clerk 4. Community Dev. Director 5. 6. CALL TO ORDER ROLL CALL OTHER BUSINESS STAFF REPORTS 1. Police Chief 2. Fire Chief CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE essed meeting minutes and PETITIONS, INDIVIDUALS, DELE OPEN FORUM The Open Forum is a port. the meeting agenda. Th staff regarding investig limit our comments d Council on subjects which are not a part of t t e time of the statement or may give direction to of res ect for others in attendance lease t of bills ment with Donald Empson for 2nd Phase of Heirloom Homes 3. PUBLIC HEARl or less. ect for others in attendance lease limit our comments to 10 minutes 1. his is the date and time for a public hearing to consider a request from Scott Junker, representing Id and Bev Junker, for a street vacation request for a 150 foot portion of Aspen Street between 1001 North 4th Street and 920 North 3rd St in the RB, Two Family Residential District and any variances related thereto. NQtices were mailed to affected property owners and published in the Stillwater Gazette on August 22, 2008. (Resolution - Roll Call) 2. Case No. 08-34. This is the date and time for a public hearing to consider a request from Paul Weiler, Youth Service Bureau, Inc., for a Zoning Text Amendment to allow "amusement and recreation establishments by special use permit in the BP-O, Business Park Office District" located at 1901 Curve Crest Blvd, Suite 101 and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 22, 2008 (possible 1 st reading of an ordinance) UNFINISHED BUSINESS NEW BUSINESS 1. Possible adoption of resolutions: Adopting the proposed tax levy for the payable year 2009, Adopting the proposed budget for the year 2009, and Setting payable 2009 Truth-N-Taxation Pubic Hearing dates (3 separate resolutions) (Roll Call) 2. Possible adoption of resolutions for cost declarations, ordering preparation of assessment roll, and calling for hearing on the Sidewalk Rehabilitation Project (Project 2008-~ Resolution - Roll Call) 3. Possible adoption of resolutions for cost declarations, ordering preparatio essment roll, and calling for hearing on the Street Improvement Project (Project 2008-02). * All items listed under the consent ag enacted by one motion. There will citizen so requests, in which eve separately. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT Page 2 of 2 . LIST OF BILLS EXHIBIT II A" TO RESOLUTION #2008-108 1st Line Leewes Able Hose & Rubber Action Rental Adventure Club Allied Blacktop Company Ancom Communication Aspen Mills Board of Water Commissioner Braun Intertec Broshar, Ryan Carquest Auto Parts Cartridge World CDW Government, Inc. Clark, Luann Coca Cola Cole Papers Comcast Cub Cummins NPower, LLC Drummond American Corp. Emergency Medical Products, Inc. Felsch, Chris Force America Galls GCR Minneapolis Truck Tire Ctr General Security Services Corp Gimmees Goodin Company Great American Marine HD Supply Waterworks, Ltd. Heritage Printing J. H. Larson Johnson Controls League of MN Cities League of MN Cities M/ A Associates Mac Queen Equipment Inc. Magnuson Law Firm Menards Menards Metro Fire MN Fall Maintenance Expo MN Office Of Enterprise Technologies Concession Supplies Equipment Repair Supplies Concrete & Trailer Park Deposit Refund 2008 Street Seal Coat 5 Radios Uniforms 602 Hickory St. Paid to City in Error Professional Services Park Deposit Refund Equipment Repair Supplies Toner UPS Battery Backup Cleaning At Public Works Soda For Concession Janitorial Supplies Cable at Rec Center Concession Supplies Generator Repairs Janitorial Supplies Safety Glasses Tuition Reimbursement Kit to Calibrate Sanders on Trucks Uniforms Tires Alarm Monitoring Services National Night Out Boiler & Equipment Repair Supplies Repairs to Zodiac Check Valve parts Learn to Skate/Hockey Flyers Equipment Repair Supplies Repairs to HVAC Fireworks Insurance Claim # 11063667 Janitorial Supplies Equipment Repair Supplies Professional Services Materials for New Play Structure Equipment Repair Supplies SCBA Flow Test Registration Fees Wide Area Network Usage 515.10 69.30 175.72 100.00 149,001.76 2,844.18 157.01 76.40 4,945.00 100.00 164.37 23.42 60.78 190.00 661.26 375.05 68.65 16.75 284.41 354.45 89.25 1,050.00 1,628.79 129.98 396.29 71.22 1,317.28 8,257.63 227.93 2,316.93 1,547.92 15.75 298.00 500.00 1,000.00 83.28 31.89 6,723.33 759.67 86.80 130.00 120.00 140.83 EXHIBIT II A" TO RESOLUTION #2008-108 National Playground Safety Institute Nextel NFPA Office Depot On-Site Sanitation Polfus Implement Quill Reliable Office Supplies Rescue One Riedell Shoes, Inc. Roeller, Jennifer SEH Sentry Systems, Inc.; St. Croix Scuba & Snorkeling Stellar Energy Services Stripe - A - Lot Sun Newspapers T.A. Schifsky & Sons, Inc. Tessman Seed Company United Rentals USA Mobility Wireless, Inc. USAble Life Verizon Wal Mart Community Watson Company Wet Technology Inc. Yocum Oil Company LIBRARY Baker & Taylor Books Buettner, Gus Diebel Services Ersland, William Flipp, Nicole Heritage Printing Hogler, Roger Kruger, Les Oseland, Brenda Sather, Martha Stillwater Gazette Stillwater Public Library Toshiba Value Line Washington County Library Page 2 Registration Fees Cell Phone Fire Education Brochure Office Supplies Portable Restroom Rental Equipment Repair Supplies Office Supplies Paper Tail Light Skates for Resale Mileage & Parking Reimbursement Professional Services Commercial Alarm Monitoring Certification Equipment Repair Supplies Striping at Rec Center Publications Asphalt Grass Seed Equipment Repair Supplies Pager Service/Repairs Term Life Insurance Cell Phone RNC Supplies Concession Supplies Cooling Water Treatment Fuel Library Materials Refund Window Washing Event Preparation Refund Paper Building Repair Local Historical Book Refund Refund Subscription Postage Maintenance Contract Reference Source Electronic Database ~ 675.00 715.61 911.76 129.47 1,222.56 28.49 81.98 160.79 21.59 68.13 131.65 259.02 140.65 175.00 146.97 2,485.00 187.90 10,637.69 393.62 14.28 11.71 439.92 998.39 364.14 167.78 587.88 8,004.03 2,455.55 17.00 750.00 35.53 8.00 34.50 445.00 18.95 14.00 22.00 218.00 26.52 35.64 246.00 1,389.90 {" iti llwa ter '..-.;;;;;;;:::..=-- '"-= ---;;;;';, " ?HE 81ATHPlArr Of M1NN[$OrA. J City Council DATE: August 29,2008 REQUEST: Selection of consultant for the 2008-2009 CLG Grant CC DATE: September 2, 2008 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner tM.1 DISCUSSION For the second phase of the Heirloom Homes program the City received two proposals. The proposals were received from The 106 Group and Donald Empson. The request for RFP's specified that for this phase of the program the City was looking to complete inventories for 300 properties in the Community. The project budget is $15,000. The 106 Group stated in their proposal they could complete 220 inventories with the project budget and Donald Empson stated that he could complete 300 inventories with the project budget. Don has completed a number of projects for the City in the past and his work plan meets the scope of work from the RPF. For this reason staff recommends that Donald Empson be awarded this phase of the project. On August 18 the HPC recommended to the City Council that Donald Empson be selected to complete the second phase of the Heirloom Homes project. FISCAL IMPACT The total contract between Donald Empson and the City is $15,000. The consultant's contract will be funded by a $7,000 Certified Local Government Grant from the Minnesota Historical Society and $8,000 from the City of Stillwater. Funding for the City's portion of the contact is currently budgeted in the FY 2008 budget. Additionally, the City will provide staff support to administer the grant to provide additional local match for the project. RECOMMENDATION That the City Council approve the contract with Donald Empson for the second phase of the Residential Heirloom Homes and Landmark Sites program being funded in part by a CLG Grant from SHPO. J R.F.P. Proposal for the CLG Grant, City of Stillwater Public Education Program, August 2008. Submitted by Donald Empson, 1206 Second Street North, Stillwater, MN (651-351-0172) Proiect Work Plan: From my reading of the RFP, and my discussion with Mike Pogge, this is a listing of the tasks required by the city, which I would provide: 1. Prepare 300 standard SHPO inventory forms. When available, previous survey inventory information will be used. If the homeowner signs on to the Heirloom Homes program, I will visit with the homeowner and supplement the inventory information for that particular house. I will make every attempt to acquire an historic photograph of the homeowner's house. 2.) I will enter information from the inventory forms into the fields of a Microsoft Access database which has been prepared. 3.) I will attend the Open House to be arranged by City staffby October 15,2008. 4.) I will meet with the HPC at the October and May meetings. 5.) The City will prepare item 2.3.3 in the RFP. I will participate. 6.) With my assistance, the City will prepare item 2.3.4 in the RFP. 7.) I will e-mail a monthly progress report to SHPO and City staff. 8.) I will produce one master hard copy and a digital master of my material for the City and SHPO at the project's end. City staff will be the public contact. All mailings and photographs will be done by City staff and the H.P.C.. The City will do all maintenance on the Heirloom Homes website. The research, writing and interviews will be done by myself, with assistance from my wife, Kathy Vadnais. The bulk of the work would be done December-February, with completion by March, 2009, if possible. $15,000 is an acceptable amount for the work outlined above. . 'i Donald Empson University of Minnesota: Bachelor of Arts Degree, 1965. Minor: History; Major: English. Master of Arts Degree, 1965. Library Science. Advanced Study, University ofIowa, Iowa City. Director, Chippewa County Library, 1965-1967. Montevideo, Minnesota. Instructor, School of Library Science, 1967-1970. University of Iowa, Iowa City. Minnesota Historical Society, St. Paul, Minnesota. Reference Librarian, 1970-1973. Map Librarian, 1973-1976. Self-Employed, Antique clock and watch repair, 1976-1988. Empson Archives, 1995-. Researched seven surveys of Stillwater neighborhoods under the direction of the Stillwater Heritage Preservation Commission using matching CLG funds. Qualified Principal Investigator under the Secretary of the Interiors Standards. Winner of the 2007 Award of Merit from the American Association of State and Local History. Publications The Street Where You Live. Witsend Press, 1975. Portrait of a Neighborhood. St. Paul, 1980. Guidebook to the 1870 and 1879 Bird's Eve View Maps of Stillwater. Minnesota. Empson Archives, 1995. The Street Where You Live: A Guide to the Place Names of St. Paul. University of Minnesota Press, 2006. Miscellaneous newspaper and magazine articles. Note: I have spent 45 years locating and studying historic houses, taking file photographs of old houses in Lake Elmo and Marine as early as 1963. My extensive knowledge of the history of Stillwater gives me context for the study of its old houses. As a city resident I personally know many of the people who own the old homes. I catalogued the 1976 CETA grant photographs of Stillwater houses. I purchased the yearly tax records (necessary to accurately date the old houses) for the Stillwater library. I had the Stillwater building permits 1885- 1945 microfilmed for the library. I published the Bird's Eye View Maps of Stillwater, which are crucial to a study of the old homes. City of Stillwater Public Education Program -~~-=~-=~.. Phase II Submitted to: City of Stillwater Submjtted by: The 106 Group Ltd. August 7, 2008 1. proj ect Approach ..o... ~~...... ~ ~ ~........ ~~......................~..~. ..o..~............~............ ... ........ ....... ...................... 1 2. Schedu Ie and Fees . .............. ..........~........................~.....~..... ........ ................ ............... ~'...'....... 4 3. Project Team and Qualifications ...............u..~...uU....~UUhuuu.u..u...u.........u....u..u..u...... 6 4. R efe re n c es ......................................................... ~. .. . .. . ~. ..o.. . ~. . .. . .... . . .... ... . . .... . . .. . . .. . .. . . . . .. . . . .. . ~. . .. . .. ..... . .. . ... 9 5... Po rtfo r io ...................~................. .......................~........~.... .............................. ........~. ............... ........ 1 0 The 1 06 Group Ltd~ 370 Selby Avenue St. Paul, MN 55102 August 7, 2008 To the Stillwater Heritage Preservation Commission: The 106 Group is pleased to present our team for the second phase of the Stillwater Heritage Preservation Commission (HPC) public education program. The 106 Group coUaborated with the Stillwater HPC during the initial phase of the Heirloom Home and Landmark Sites program to develop a website and promotional materials for the program, assist in the development and integration of a database to power the website, and conduct the first wave of research and survey for 69 properties that are now available on the website. The 106 Group is a leader in the field of heritage resources planning and management. \Ve have extensive knowledge of the history and cultural resources throughout Minnesota. Our staff brings extensive preservation planning knowledge, with experience ranging from staffing a l\1.innesota HPC to national and international perspectives on heritage interpretation and marketing. We strongly believe that our team offers what you are looking for: · Thorough understanding of the program's history and purpose; · Local and national expertise in a.rchitectural history surveys and planning; · Experience working with the public to document historic properties; · The skills and expertise to successfully conduct and conclude this project; · Experience working with Heritage Preservation Commissions in the Upper iYIidwest; · An established and successful process and approach; and · A recognized high quality service record. We are excited for this opportunity to continue to contribute to the Heirloom Home and Landmark Sites program and the public education for the Stillwater community. If there are any questions pertaining to our proposal, please contact Greg Nlathis in our office: 370 Selby Avenue, Suite 206 St. Paul; lvIN 55102 651-290-0977 (office) 651-290-0979 (fax) gregrnathis@ 1 06group. com Sincerely yours., THE 106 GROUP LTD. K. Anne Ketz President Project Approach Understanding of Background Founded in 1843 on a site overlooking the St~ Croix River) Stillwater was one of only three established towns when j\finnesota Territory was created in 1849. Stillwater was the site of the territorial prison and from the1880s through the early twentieth century, it was one of the world's largest lumber milling centerS4 During this time) many handsome Victorian era houses and stately commercial buildings were constructed in Stillwater~ Given its rich history and unique historic character] Stillwater became an early leader in the jyfinnesota preservation movement. The community has a long history and proven track record of promoting its past and its unique historic character to both instill pride in residents and to attract tourists who enhance the economic vitality of the cityt The results of these efforts include the development of local historic contexts, the listing of numerous properties on the National Register of Historic Places (NRHP), the local designation of properties, the successful rehabilitation of many historic buildings, and the creation of a strong sense of place4 In recent years, Stillwater has continued to be a leader in the Minnesota preservation movement. Stillwater was one of the first cities in the state to be designated a Preserve r\merica Community and the Stillwater Heritage Preservation Commission (HPC) has diligendy used certified local government grants to survey and document historic parts of the city4 The development of the Heirloom Homes and Landmarks Sites Program is yet another example of how Stillwater has remained at the forefront of the preservation movement in J\finnesota. Despite limited staffing and funding to fulfill its mission; through this program the HPC found a way to reach out to a wide audience4 This cutting edge program is both efficient and cost effective4 Through recognition, rather than regulation] the program encourages homeowners to preserve the historic character of their homes and the community by showcasing successfully rehabilitated house and providing technical assistance and links to other sources on how to properly rehabilitate and maintain a historic house~ Moreover, the program educates residents about the history of Stillwater's many historic homes and it allows visitors to learn more about Stillwater and to help them plan their visit During the first phase of the program) the 106 Group assisted city staff with the design of the Heirloom Homes and Landmark Sites website and a database to power it, created promotional materials for the program, developed a brochure on how to rehabilitate a historic house, and completed detailed write-ups for 69 properties that now appear on the website~ The purpose of the second phase of the project is to more fully develop the Heirloom Homes and Landmarks Sites website by completing inventories for approximately 300 Heirloom Houses for inclusion on the website4 StiUwater Heritage Preservation Commission Ci[y of Stillwater Public Education Program 106 Group Page 1 Project Approach Our Approach The 106 Group believes that community outreach and education is one of the most important functions of an HPC since it holds the potential to develop public support for historic preservation~ However, many HPCs never initiate community education efforts due to a lack of resources. The Heirloom Homes and Landmarks Sites program is an excellent example of how the internet is allowing the HPC to overcome this challenge. The program's innovative, web-based approach is allowing the HPC to reach out to a number of target audiences in a cost effective manner, giving the HPC its "biggest bang for a buck.)) Many commUnIties, including Stillwater are already making information available by placing it on their web site. Nlaterials include historic contexts, information and images on historic buildings, walking tour guides and virtual tours] technical assistance for rehabilitation projects) and even regulatory information such as design guidelines and HPC application forms. By adding this type of information to a website and actively marketing it, the City of StiU\vater and the HPC can now reach a wide audience of local residents as well as visitors from around the world. 'By continuing to add properties and technical information to the website) the HPC is encouraging users to revisit the website on a regular basis to learn more about preservation, and to develop a greater appreciation for the unique, historic character of Stillwater. For these reasons we believe that continued updates to th~ \vebsite is an important part of recognizing new program participants as \vell as raising the public7s awareness of and appreciation for Stillwater's wealth of historic resources~ Survey Architectural historians meeting the Secretary of the Interior'.; Professional Qualtfication Standards will examine existing documentation on fIle at the State Historic Preservation Office (SHPO) and the City of Stillwater, including Stillwater Histon~c Co~texts; A Comprehensive Planning..Approach, nelghborhood surveys) previously prepared inventory forms, NRHP nominations, and local landmark nominations. Additionally, the 106 Group will review materials at the NIinnesota Historical Society] the St. Croix Collection at the Stillwater Public Library, the Historic Courthouse in Stillwater) and the Washington County Historical Society as needed in order to complete detailed inventories for each property. During the intensive survey, the 106 Group will document Heirloom Houses in accordance with the Guidelines for Historyl Architect/Ire Projects in Minnesota. Information collected during the survey will be entered into the database that the 106 Group and the City of Stillwater developed for the Heirloom Homes and Landmark Sites program~ The collected information will include the address PIO :; , architectural style] date of construction, SHPO number, building materials] designation date if applicable) basic historic data on the property, and any other information that is agreed upon by the HPC] the SHPO) and the 106 Group~ Stillwater Heritage Prescn:'-ation Commission City of Stillwater Public Education Program 106 Group Page 2 Project Approach While the historical information on each property may vary somewhat:. de~end.ing on the level of existing documentation and '\vhat is uncovered during archival research, it will typically include the name of the historic owner, and the names of the architect and builder if known. Since public outreach and homeowner buy-in are important components of the program) the 106 Group proposes th~t property owners, who indicate ~n thel! application that they know the history .of their home, are contacted to acqwre historical information on their property that can be included in the property inventory. In addition, the 106 Group will ask homeowners if they have any historic photographs of their home that can be used on the website. For homeowners who provide an email address, the 106 Group will contact them d.irecdy~ For property owners who do not provide an email address) the 106 Group requests that members of the HPC make the initial call to the homeowner in order to control costs and allow HPC members to further promote the program. While not required by the Request for Proposals (RFP)) the 106 Gro~p will t:ke digital photographs of each Inv~nto~ed property during the survey to aSSist With the preparation of the inventory fo~ms~ If the HPC desires copies of these Images, the 106 Group will provide them in either a JFEG or TIFF format, at a size and resolution agreed upon by the City and the SHPO. Based on our experience with the first phase of the program, the 106 Group will prepare a narrative description for each property that combines an architectural description and a historical narrative to tell an interesting story about each property. While this format is not the standard approach the SHPO uses to document properties for cultural resource surveys, the SHPO has concurred with this approach for the Heirloom Homes and Landmarks Sites program since it allows for the telling of a more interesting story that is geared towards the public. The inventories will be prepared and provided in the Heirloom Homes and Landmarks Sites database that the 106 Group and the City created in 2007 ~ Consultation and Meetings The 106 Group believes in working cooperatively with its clients as collaborators and as colleagues~ The Project Manager will work closely with the City and HPC to ensure that project goals are met. Communication by telephone or croail will help ensure a smoothly running project, on time and on budget. For example, during the fltst phase of the project, 106 Group communicated regularly with City staff to seek input and provide guidance as the project evolved and moved forward. In addition, monthly progress reports can be submitted electronically to keep the HPC informed of project status. As specified in the RPF, staff from the 106 Group will attend one meeting with city staff, two HPC meetings:. and one public open house for property owners. Given our familiarity with this project:- no additional meetings are anticipated.. Stillwater f-Ieritage Preservation Commission Cit}. of Still"rater Public Education Program 1 06 Group PabJ'C 3 Schedule and Fees Schedule The following schedule is proposed~ It allows adequate rime to conduct research, work with other team members, and complete the surveys and inventory forms while moving the process in a timely fashion to accomplish results within a defined budget. The schedule assumes a September 2008 start date~ Task Research Meeting with City Staff Open House preparation 1 st meeting with HPC Property owner Open House Property owners sign up for program Submit list of properties to SHPO Submit sample survey to SHPO Survey of Heirloom Homes Prepare draft inventory forms 2nd meeting with HPC Submit draft detailed inventories to SHPO Revise draft inventories (if needed) Submit final product to SHPO ~ U r.I'J 0 > o Z u ~ o c ~ ~ 4) ~ ~ '-t ~ ::;! '-l ~ ~ ~ 3 ~ ~ ~ Fees The 106 Group always works on a '''not to exceed" cost estimate with detailed tasks and deliverables~ Given the allotted budget, the 106 Group can complete the tasks described above for 220 properties for an amount not to exceed $14,990 (please see cost estimate on the next page for a more detailed breakdown of costs). If additional tasks or attendance at additional meetings is requested, the costs will be negotiated with the City~ However) for reference, the hourly rates for key staff on this project are provided below. To complete the tasks described abo've for 300 properties, the 106 Group believes that the cost will range from 19)500 to $21,500. Upon request, the 106 Group can provide a detailed cost estimate for completing the tasks described above for 300 properties~ The 106 Group looks forward to meeting with the HPC to discuss creative ways to reduce costs so that more properties can be inventoried within the allotted budget. FEE SCHEDULE FOR KEY STAFF PROFESSrONAL LABOR TYPE HOURLY RATE Principal S80 Anne Ketz ProfessionaL 5 S80 Greg Mathis Professional 3 $67 Saleh Van Erem Stillwater Heritage Preservation Commission City of Stillwater Public Education Program 106 Group Pab~ 4 The J 06 Group Ltd. 370 Selby Avenue St. Pau', MN 55 I 02 Estimated Costs Stillwater Public Education - Stage II Inventory Page 1 of 1 Submitted to Stillwater Heritage Preservation Commission Research & Prep Principal Professional 5 Professional 3 Professional 2 Survey Professional 5 Professional 4 Professional 3 Report Professional 5 Professional 3 Meetings Professional 5 Tef: 65 , .290.0977 Rate Hrs. $80.00 x 1.0 $80.00 x 10.0 $67.00 x 46~O $59.00 x 7.0 Total Labor: 64.0 Expenses: Subcontractors : Total for Research & Prep: Rate Hrs. $80.00 x 3.0 $80.00 x 3.0 $67.00 x 44.0 Total Labor: 50.0 Expenses: Subcontractors: Total for Survey: Rate Hrs. $80.00 x 16.0 $67~OO x 74.0 Total Labor: 90.0 Expenses: Subcontractors: Total for Report: Rate Hrs. $80.00 x 10.0 Total Labor: 10.0 Expenses: Subcontractors : Total for Meetings: Total $80 $800 $3,082 $413 $4,375.00 $149~OO $O~OO $4,524.00 Total $240 $240 $2,948 $37428~OO $0400 $0.00 $3,428.00 Total $1,280 $4,958 $6,238~OO $0.00 $O~OO $6,238.00 Total $800 $800.00 $0.00 $0.00 $800.00 Total: 214.0 $14,990.00 , 06group.com August 07, 2008 Fax: 6S J 4290.0979 Project Team and Qualifications Project Team The 106 Group is a :Minnesota based cultural resources management and interpretive planning company with over 15 years of experience working in the area~ Although domiciled in St~ Paul, the company brings a national and international perspective as many of its principals and staff have lived and worked in many parts of the world~ Co-owners~ Anne and David Ketz, have chosen to bring their experience and skills to :M.innesota, where they have helped to shape the preservation and interpretation of many of the state)s most important historic sites. Starting from a group of archaeologist and historians, the 106 Group has grown to be a company with diverse products that include interpretive planning, graphics design, web and database development, and marketi.ng~ The blending of these skill-sets in a team environment will serve to meet the needs required for the Stillwater Public Education Program. The 106 Group Ltd. The 106 Group is a. recognized leader in cultural resources management and interpretive planning~ We place the highest value on our professionalism and ability to consistently deliver quality results~ Our interpretive work defines the power of place, discovers its stories, and interprets them both creatively and strategically. In our resource management projects) we assist our clients through the process of meeting the various regulations and mandates established to protect and document our nation's cultural resources. Located in St. Paul, :Minnesota, we work throughout the Wdwest and beyond. We offer our services and expertise in the following areas: . Historic preservation Interpretive planning Preservation laws and compliance Architectural history Archaeology Information systems Ethnography Tribal consultation . . . . . . . The 106 Group is a family owned business) where the values of our family are reflected in our firm. We adhere to the principals of integrity) reliability, creativity, and hard work. Anne and David Ketz established the 106 Group in 1992. Anne Ketz serves as company president and technical director9 Born in the UK, and having worked on several continents, Anne brings her international experience and perspective to the company~ She specializes in guiding clients through the maze of state and federal preservation law, and is recognized for her contributions to international discussions on heritage planning and interpretation. David oversees all business operations and leads the research and development of employing new technologies in the field of cultural resources management. He \vas one of the founding members of the American Cultural Resources Association. The staff at the 106 Group brings together a diverse range of expertise under one roof: interpretive planners) Stillwater Heri[age Preservation Commission City of Still,vater Public Education Program 106 Group Page 6 Project Team and Qualifications archaeologists, cultural anthropologists) historians and information systems specialists work together to find creative solutions to complex challenges. The Team Greg Mathis will be the individual with responsibility for fulfilling the contract However) he will be supported by a strong team of professionals with the following key roles. Anne Ketz - Principal-in-Charge Greg Mathis - Project Manager/Preservation Planner Saleh Van Erem - Architectural Historian Biographies Anne Ketz, M.A. Principal-in-Charge Anne Ketz)s career in cultural resources man- agement and planning extends over 20 years. Her experience covers the United States, Great Britain, India, Israel) and Canada. Anne has a recognized expertise for her interpretive planning and management skills. Her sensitivity to others and her sense of diplomacy has brought successful conclusion to complex and potentially controversial projects+ She has worked closely with a broad range of stakeholders, including American Indian elders to ensure respect for their heritage in planning development. Throughout Anne)g career she has demonstrated a unique commitment to the community through public speaking, publications of popular materials on historic and cultural resources) media interviews) teaching school programs, volunteer and intern training, tutoring, and the design and installation of museum displays. Anne recently managed the development of an interpretive master plan for Historic Murphy's Landing. Other important planning projects include the Great River Road) Upper Landing Park, Harriet Island, the Bruce Vento Nature Sanctuary, and Spring Lake Park. She presented a paper on interpretive planning of Native American sites at the 2005 International Council on Monuments and Sites (ICOMOS) conference; and on the politics and ethics of interpretation at the first World Heritage Conference in Puerto Rico] May 2006. Greg Mathis, M.C.R.P. Project Manager/ PreseNation Planner For over 10 years, Greg has worked within the field of historic preserva- tion and urban planning) . gaining a wealth 0 f experience in local, state and federal regulatory processes. He specializes in the HPC design review process by providing assistance to applicants and consuLting with commissions, having worked in both big and small urban environments throughout the Midwest. Greg has evaluated hundreds of buildings) structures and districts for both local designation and for listing on the NRHP J and has written and edited numerous nominations. He oversaw a revision of the City of Minneapolis's heritage preservation ordinance and made substantial contributions to the historic preservation chapter of the Mnnesota state building code. Greg has served on planning teams that developed and implemented a variety of plans for a number of communities. He has assisted HPCs with design guidelines and community outreach activities, including heritage tourism efforts and the development of the ]Minneapolis HPC \vebsite. His extensive work experience t / 1_'-- , ~ I '.. . I . , ~ ~.iIiIIlI.~ :HJ r..,~lr I f',' .1..., ',,"" " .1, ., i ,', ~ 11 I Stillwater Heritage Preservation Commission Citr of Stillwater Public Education Program 106 Group Page 7 Project Team and Qualifications with preservation commissions, combined with an extensive knowledge of building materials and architectural design allows him to find solutions that meet the needs of both public and private entities. He also provides guidance for developers in utilizing the federal historic preservation tax credits~ Greg holds a Master's Degree in Community and Regional Planning with concentrations in the Built Environment and Historic Preservation from the University of Nebraska-Uncoln. He meets the U.S. Secretary of the Interior's Professional Qualifications Standards for architectural history and history~ Saleh Van M.H~P. Erem, Architectural Historian Saleh is a native and current resident of Stillwater. In the past five years) Saleh has been involved in architectural history and historic preservation projects in :rv1innesota, Wisconsin, Illinois, Virginia) Maryland, and Washington D.C. Her work has included Phase I and II architectural survey projects, historical research) evaluations of eligibility, and assisting clients in complying with Section 106 of the National Historic Preservation Act~ In addition, Saleh has prepared indl1{idual and multiple property National Register of Historic Places nominarions~ Saleh holds a Master's Degree in Historic Preservation from the School of the Art Institute of Chicago and a Bachelor's degree in Art History from the University of Wisconsin-:Milwaukee~ Her skills and abilities have allowed her to successfully complete a wide array of architectural history and historic preservation projects throughout the country~ Saleh meets the U.S~ Secretary of the Interior's Professional Qualifications Standards for history and architectural history. ReSUDles For more information concerning the qualifications and experience of each team member, please see the full resumes at the end of this proposal. Stillwater Heritage Preservation Commission Ciq' of Stillwater Public Education Prob~am 106 Group Page 8 References We encourage you to contact the following references to confirm the skills and expertise of the 106 Group project team in relation to this project. John Crippen Director :M.ill City Museum Minnesota Historical Society 710 South 2nd Street 1vfinneapolis) 11N 55401 612-341-7648 Steve Russell Community Development Director City of Stillwater Ci ty Hall 216 North 4th Street Stillwater, 1{N 55082 651-430-8821 Mary Jackson Dakota County Office of Planning Department 14955 Galaxie Avenue Apple Valley, MN 55124 952-891-7039 Stillwater Heritage Preservation Commission City of Stillwater Public Education Progmrn 106 Group Page 9 STILLWATER EXPERIENCE Portfolio Stillwater Public Education Program, Stillwater) Minnesota. In the summer of 2007) Stillwater initiated the fIrst phase of the Heirloom Home and Landmark Sites program aimed at educating and engaging the residents of Stillwater in preservation. The 106 Group assisted the Stillwater HPC with the development of a database and data collection points) designed a new website linked to the information in the database, and developed marketing materials to inform the residents of Stillwater about the program and on how to properly maintain historic houses. Architectural historians from the 106 Group also conducted a survey of 69 properties to include on the webslte. n. HIirtaam ...... Pragr.- .. . faInl.cbt of ,. CIJ IiIf ~ .. .......... PraMnd:In ~(HPQb__ ............ will) ........ .. ~ chnaItdb*...... The ... flIlIIII ,...., _ . ~~.... ........... pm4I'Wd Of' ~ .... hIIkwiD bomII ~ hIItI::ri:I ~ ..- ....... ~......- ....... Sb:s ~..... 1:1: -.d..-..-....... St. Croix River Crossing, Stillwater Bridge, Washington County, Minnesota~ As part of the planning process for the St. Croix River Crossing project at Stillwater, the 106 Group conducted an architectural history survey to identify properties eligible for listing on the National Register of Historic Places that could be affected by the new bridge. Of the 112 properties documented, three properties were recommended as eligible for the National Register. The William and Mary Danforth House is a distinctive Second Empire style house; the Fairview Cemetery is a remarkable example of the Rural Cemetery movement; and the Stillwater & St~ Paul Railroad had a significant impact on the lumbering and manufacturing economy of Stillwater. Other National Register eligible or listed properties include a unique shoddy mill, a historic overlook, a log cabin, the Stillwater State Prison Historic District, the Stillwater Commercial Historic District) and the Stillwater Cultural Landscape District~ This analysis was incorporated into the Environmental Impact Statement planning process. Minnesota Territorial/State Prison, Stillwater) Minnesota. As part of the proposed redevelopment of the historic territorial/ state prison site, the 106 Group conducted extensive archaeological investigations and worked closely with the City of Stillwater and the development team to identify and interpret the archaeological and historic resources on this National Register listed site and assess the effects of the development on the resources. A brochure and various technical reports were prepared. Stillwater Heritage Preservation Commission City of Stillwater Public Education Prob~am 106 Group Page 10 Portfolio HISTORIC PROPERTY SURVEYS Architectural History Update and Survey for the City of Carver, Minnesota. The 106 Group conducted an architectural history survey update of the Carver Historic District and surrounding area for the City of Carver. The purpose of this Certified Local Government grant funded architectural history investigation was to update existing survey information for the Carver Historic District, such as historical integrity, alterations, demolition, additions, and new construction; reevaluate the boundaries of the historic district for any potential changes; and document properties 50 years of age or older within the City of Carver Historic Resources Survey Area within the city limits of CaIVer~ The 106 Group updated the inventory forms for previously surveyed and listed properties and generated new inventory forms for undocumented properties located within the boundaries of the City of Carver Historic Resources Survey Area. This study recommended that the period of significance for the Carver Historic District be reevaluated and extended to 1925, to account for the substantial amount of development that occurred in the district in the 19105 and early 1920s.. Within the Historic Resources Survey Area, two properties are potentially eligible for listing on the National Register of Historic Places~ Midtown Greenway, Minneapolis, Minnesota. \Vhen Hennepin County began planning for the rail-to-trails project now known as the j\fidtown Greenway, they called on the 106 Group to evaluate the historic potential along the former rail and industrial corridor. As a result of the survey, the Chicago, :Milwaukee, & St. Paul Railroad Grade Separation was determined eligible, and the 106 Group wrote the National Register nomination for this complex historic district which was listed in 2005. Other important and unusual resources found along the corridor included the Zinsmaster Baking Company, the South Side Destructor, and a district of apartment buildings. The 106 Group worked closely with Hennepin County, the Minnesota Department of Transportation, and the SHPO on the project; which included a great deal of public and agency consultation due to the complex development~ City of Grand Forks, Central Business District) North Dakota. The devastating flood and fire in 1997 led to the historical study of Grand Fork's Central Business District (CBD)i The goal of the project was to re-evaluate National Register-listed properties in the CBD to determine if they form an historic district. A National Register Multiple Property Listing was previously prepared in the early 1980s~ The tasks for this project included te-surveying the CBD, revising and up-dating the historical contexts, and recommending boundaries and a period of significance for a potential historic district on behalf of the city's HPC~ Stillwater I-Ierirage Presen.'"ation Commission Cit}r of Stillwater Public Education Program 106 Group Page t 1 Portfolio Lake City Survey, Minnesota. The 106 Group conducted a reconnaissance-level historic resources survey for the Nlississippi riverfront community of Lake City. This survey provided the Heritage Preservation Commission with a base of informa.tion about the city)s historic resources for the purposes of future planning and evaluation~ Specific information gathered includes evaluation of the historical integrity of 84 buildings within the survey area, and basic historical ownership information~ In addition, an outline of potential historical contexts for Lake City and recommendations for future research and survey were presented. PUBLIC OUTREACH FOR HISTORIC PROPERTIES Near Northside Redevelopment, Minneapolis) Minnesota. As part of the planning process to redevelop former public housing sites in the Near Northside area, the 106 Group played three key roles. First) because the Near Northside project received federal Empowerment Zone funding) the 106 Group provided consultation services to assist the Department of Housing and Urban Development and the City of lVIinneapolis through the Section 106 process and other legislative processes. This process included consultation with the State Historical Preservation Office) the city>s Heritage Preservation Commission) extensive public outreach and tribal consultation, and preparation of a Programmatic Agreement~ Secondly) the 106 Group prepared a technical compliance-related report for the survey and documentation of a variety of properties, including an early-twentieth century Jewish historic district~ Thirdly., the 106 Group prepared a report on historic interpretive potentiaL The purpose of this report was to identify and develop important historical themes within the Near Northside community and suggest ways that these themes and stories could be incorporated into the overall design of the redevelopment project. Some of the keY' ideas proposed were: developing a heritage walk that would connect various media and highlight actual historical sites and where historic buildings have been demolished, use of plaques) markers and public art as commemoration~ , Upper Landing Park, St. Paul, Minnesota. When the City of St4 Paul Division of Parks and Recreation was planning to create a new park along the St, Paul riverfront near the site of the former steamboat levee known as Upper Landing, the 106 Group, as part of the design team) .. prepared a culrural resources overview ,,,,.if.!j:~ Ci"~.d'~ >>'4" :~-;;Lr:;/~'{) ~i'A&~ and interpretive plan of the park area. · _ ~ _ t7:e- ~~"<".'--...d _-" The report provided a summary of the historical development of the site, identified known archaeological properties, and made recommendations regarding the archaeological and historical potential of the area~ In addition, a heavily illustrated interpretive planning document identified historical themes [;i'd Stillwater Heritage Preservation Commission City of S rilhv:uer Public Education Program 106 Group Page 12 Portfolio associated with the landing and how they might be interpreted within the park. The plan was created for the Division of Parks and Recreation and presented at a charrette for stakeholders. SURVEYS AND PROCESSING LARGE VOLUMES OF INFORMATION Cedar Rapids Architectural History Surveys, Cedar Rapids Iowa. The 106 Group conducted an architectural history survey for the Department of Community Development - Housing Services in Cedar Rapids, Iowa. This survey was undertaken so that the city, which regularly receives grants from the Department of Housing and Urban Development (HUD)) would be in compliance with federal regulations concerning historic properties. The final results were presented in a very user-friendly format acceptable to the Iowa SHPO. The 106 Group developed a database that would allow the city to produce individual forms, and to add or update properties as needed. Subsequendy, the 106 Group employed this same survey system for a second survey completed for the City. Minneapolis Heritage Preservation Commission I Website and Database, Minneapolis, Minnesota.. During the time Greg Mathis worked with the NIinneapolis HPC he developed the fields for the NIinneapolis Cultural Resources Database ~CRD) and collaborated with the SHPO and an outside consultant to develop the database in Microsoft Access. The MCRD is database is compatible with the SHPO Architectural-History Database and with the City of Minneapolis' geographic information system. Greg also designed the basic layout of the site architecture drafted most of the content for the HPC website and worked closely with the City)s webmaster to actually implement the HPC website. The HPC website was among the first on the City website to feature an easily identifiable address) a unique logo and on-line permit application forms. =J1'[{DI~'Iiii__ _lHRrB' ~l ~..-- -4. M=, ..~ ~ a Hhtorir Dhttkts ......... ,.,.,.........,- ~ ~ .~ I~~ ~~ ~Mj~.~ lr...........,....... d.~ ........ ............ ~ ------"-* ...... .~ ~...--..~ ----......... .. ......... ........ -c..... ........ ..... ".... ............ "- ~ ,..... w...I..... t..-.. ... . jj ~ ~~-;r . .-.......+.....v..:lf t .II:+~"'" ~..~~;--:- .~ ~ lOo~ ... __ ....\1............. . r...II'I.~--'"_ "'..111.- ~."'" I,o...r..."" ~ ""'" ~~ ~.It .~ ~.~~.I>o-.M;__.~~..~ . ._..... ..... .,,~t.. =-~ ,....t..ncn.'1lIf"'J.... .......,~ I~ ,...,......_.. .~ ~_~_~"~~f...'l<1o~~ . .all_=- ^, 1:1....... ,,~:IIo...... ~...... -.. I,w,d"o_~~... ~""' Hha.I.: Dhtrkh . ............ ~...~ ...---. ftI..hI.4I . CL..~...... ~ N~ . --'W9-.. __............ .............. . ~.....~~~.~ . ~ .........&.IN ~ ft~ . ...... ..... ...IL ww...... ~ .., ... ~~.... a!I!!_.... ,........ ~----.. ~ . ~~~Db.~ . ~......... y.......... 81........... . ~_,....iiIiTiEIiliI~...,M"fo.__~ . ~... ~ bL.tvd. . .......... 1. _ ..,............. ..~ ft~ Stillwater Heritage Preservation Commission City of Stillwater Public Education Program 106 Group Page 13 Proj1ect Team Resumes Anne Ketz SUMMARY OF QUALIFICATIONS Anne Ketzts career in cultural resources management and planning extends over 25 years and three continents~ including projects in the United States, Great Britain, India, the Middle East, and Canada. Anne's sensitivity to others and her sense of diplomacy has brought successful conclusion to complex and potentially controversial projects. She has worked closely with a broad range of stakeholders, including community activists, planners, and American Indian leaders to ensure respect for each community's heritage within the planning process. Anne is a recognized expert in guiding clients through the maze of preservation legislation at federal, state, and local levels. Throughout Anne's career, she has demonstrated a unique commitment to the community through public speaking, publications of popular materials on historic and archaeological resources, media interviews, teaching school programs, volunteer and intern training, tutoring in archaeology" and the design and installation of museum displays. Anne meets the Secretary of the Interior's Professional Qualifications Standards for work in history, architectural history, and archaeology ~ EDUCA T10N 1986 M.A., Historical Archaeology, University of Massachusetts-Boston, MA 1981 Graduate Certificate in Museum Studies, University of Leicester. England 1980 B.A., Hons. Ancient History/Archaeology, University of Manchester, England PROFESSIONAL EXPERIENCE 1992-date The 106 Group Ltd.., St. Paul, MN; President and Technical Director · Maintains close and open communication between clients, state historic preservation offices, state archaeologists, community leaders, American Indian elders, project team members, and other concerned parties, to ensure smooth progress of projects. · Defines project scopes in consultation with clients and review agencies ensuring the highest quality product. · Develops public outreach programs and seeks innovative solutions to complicated preservation issues. Identifies ways our cultural resources can enhance development projects. 1991-1992 BRW, Inc., Minneapolis~ MN; Principal Investigator · Principal investigator for cultural resources projects including architectural history and archaeology surveys in Minnesota., Iowa, and Washington. 1987-1990 Engineering-Science, Inc., Washington, D.C.; Laboratory Director and Data Manager · Developed all laboratory procedures, processed and analyzed artifacts, coordinated with field staff, and trained and supervised laboratory staff. · Managed creation of computerized corporate archive of more than 20,000 archival materials for Metropolitan Washington Airports Authority Anne Ketz SELECT HISTORIC PRESERVATION, ARCHAEOLOGY, AND CUL rURAL RESOURCES EXPERIENCE 2005-2006 Mesaba Energy Project, Excelsior Energy, Iron Range, MN 2004-2005 Smith Avenue Transit Hub) Data Recovery Program, St Paul, MN 2004-2005 PolyMet Mining Cultural Resources Planning, Iron Range, MN 2003-2006 Historic Murphy's Landing Master Plan, Scott County, MN 2001-2005 Bruce Vento Nature Sanctuary at Lower Phalen Creek, St Paul, MN 1997 -1999 Science Museum of Minnesota~ Archaeological Data Recovery of the Washington Street Residential District, St. Paul, MN Phalen Boulevard, St Paul, MN Literature Search for Devil's Lake Basin and Sheyenne River:. ND Spring Lake Park Interpretive Plan, Cultural Resources~ Dakota County, MN Shakopee Mdewakanton Dakota Community, Cultural Resources Consultation Harriet Island Redevelopment, Cultural Resourcest St. Paul, MN Whydah Ship Project, Maritime Explorations Inc., MA Society for the Preservation of New England Antiquities, ME 1995-2003 1997-2002 2003-2005 2001-2002 2002 1985-1986 1984 SELECT PUBLIC OUTREACH AND INTERPRETIVE PLANNING EXPERIENCE 2005-2006 2000 1999 1998-1999 1998-1999 1996 1985 1984 1981 1980 1979-1980 1978-1979 St. Anthony Falls Interpretive Plan Evaluation Landmark Series presentation Power of Place~. Cultural Planning. Tourism~ and Economic Development~ St. Paul, Minnesota. Complete Scholar Class, "The History and Archaeology ofSt. Paul's Riverfront Area/~ University of Minnesota, Minneapolis, MN Harriet Island Redevelopment, St Paul, MN, Schools Program Great River Road Heritage Tourism Development, IA to MN Border Historic Arnold Farmstead, Blue Earth County, MN Peabody Museum, Harvard University, MA Museum of the City of New York, NY Royal Ontario Museum, Toronto, Canada Southampton Museum, England Manchester Museum, England Salisbury and South Wiltshire Museum, England REPORTS AND PUBLICATIONS Author or co-author of over 60 cultural resources and historic preservation reports nationwide. Highlighted publications and papers include: · Dakota Stories and Places: Collaborations withJ and New Interpretations of a Neglected Native Community. Paper presented at the ICOMOS Conference, Charleston, SC, 2005. · St~ Paul on the Mississippi: Finding a Balance with Living Culturalsl Cultural Resources, & Redevelopment. Symposium Chair, Society for Historical Archaeology Conference, 81. Paul, MN, 2000~ · Public Image / Private Reality: An Analysis of Differentiation in a 1 ~h Century St. Paul Bordello. Co-authored paper presented to the Society for Historical Archaeology Annual Meeting, Atlanta, Georgiat January 1998~ Published in Historical Archaeology Special Series, May 2005. Greg Mathis SUMMARY OF QUALIFICATIONS For over 10 years, Greg has worked in the field of historic preservation and urban planning, gaining a wealth of experience in local, state, and federal regulatory processes. He specializes in the Heritage Preservation Commission's design-review process by providing assistance to applicants and consulting with commissions. He has worked in both large and small urban environments throughout the Midwest Greg has evaluated hundreds of buildings, structures, and districts for both local designation and for listing on the National Register of Historic Places (NRHP) and has written and edited numerous nominations. He oversaw a revision of the City of Minneapolis's heritage preservation ordinance and made substantial contributions to the historic preservation chapter of the Minnesota state building code. Greg has served on planning teams that developed and implemented plans for a number of communitieS4 He has assisted heritage preservation commissions (HPCs) with design guidelines and community outreach activities, including heritage tourism efforts~ His extensive work experience with preservation commissions, combined with an extensive knowledge of building materials and architectural design, allows him to find solutions that meet the needs of both public and private entities. He also provides guidance for developers in using the federal historic preservation tax incentives. Greg holds a master's degree in community and regional planning with concentrations in historic preservation and the built environment from the University of Nebraska-Lincoln. He meets the U.S. Secretary of the Interior's Professional Qualifications Standards and is a qualified consultant of the Minnesota Department of Transportation in the areas of architectural history and history. EDUCATION 2000 M~C~R.P.~ Community and Regional Planning with concentrations in Historic Preservation and the Built Environment, University of Nebraska-Lincoln, Lincoln, Nebraska 1994 B.A., Geography, University of Nebraska-Lincoln, Lincoln, Nebraska PROFESSIONAL EXPERIENCE 2006-present The 106 Group Ltd., St. Paul, MN; Senior Architectural Historian and Historic Preservationist · Responsible for research, writing, fieldwork, and historic context development of compliance surveys and determinations of eligibility for the National Register of Historic Places~ Additional responsibilities include working with HPCs, design review assistance, heritage planning processes, and community planning and revitalization. 1999....2006 Minneapolis Planning Department, Minneapolis, MN; Senior PlannerJ Heritage Preservation · Served as professional staff to the Minneapolis Heritage Preservation Commission assisting with the development of a new preservation ordinance and state building code. Actively participated in planning teams and technical advisory committees that addressed planning problems, and prepared and implemented master plans. Performed design review for the issuance of Certificates of Appropriateness. Evaluated properties for local landmark and National Register eligibility. Coordinated with the State Historic Preservation Office (SPHO) to complete Section 106 reviews. October 1997-May 1998; September 1998-May 1999 Urban Development Department, Lincoln, Nebraska; Community Development Specialist and Intern · Worked in design team to prepare neighborhood redevelopment plans, implemented plans, and performed project management. Designed databases, conducted statistical analysis, and worked with U.S. census data. Authored grant applications and responded to requests for proposals. Greg Mathis May-August 1998 Sioux Falls Planning Department, Sioux Falls, SD; Preservation Intern · Researched properties and nominated them to the NRHP. Prepared reports and acted as a liaison between the SHPO and the preservation board. Interpreted state preservation laws. 1995-1997 Lincoln Planning Department, Lincoln, Nebraska; Senior Preservation Intern. · Conducted architectural surveys and assisted with the administration of Lincoln's Section 106 program. Researched and prepared local landmark and NRHP nominations. Performed design review:. provided technical assistance for rehabilitation work, and checked projects work for compliance with the Secretary of the Interior's Standards~ Presented reports to commissions and responded to public inquiries~ REPORTS AND PUBLICATIONS · Author and Editor: Several Local Landmark Nominations including: Layman's (Pioneers and Soldiers Memorial) Cemetery, Minneapolis, 2006; Station No~ 13 Minneapolis Fire Department, Minneapolis, 2003; Harmon Place Historic District, Minneapolis, 2001; Havelock Historic District, Lincoln, NE, 1999; Hawley Historic District:. Lincoln, NE, 1998~ · Author and editor: Numerous National Register of Historic Places nominations including: the Old Courthouse and Warehouse Historic District, Sioux Falls) SO, 1999; Palisade and Regent Apartments, Lincoln, NE, 1998; Chicago:. Burlington & Quincy Steam Locomotive No~ 710, Lincoln, NE, 1997; and Greek Row Historic Districti Lincoln, NE, 1997. · Author: Numerous professional planning documents, staff reports for certificates of appropriateness, and property evaluations for local and national designation~ · Author: Minneapolis Heritage Preservation Commission Standards and Policies for Historic District Identification Sign. Submitted to the City of Minneapolis, 2006. · Author: PresenJe America Application~ Submitted to the City of Minneapolis, 2006. · Contributor: Minnesota State Building CodeJ Chapter 1311 J Guidelines for the Rehabilitation of Existing Buildings. Published by the Minnesota Department of Administration, St Paul, Minnesota, 2003 and 2005. · Contributor: Minneapolis Riverfront District Signage and Wayfinding Master Plan, Minneapolis, Minnesota, 2004. · Co-author: Chapter 599 of the Minneapolis Code of Ordinances, Heritage Prese~ation Regulations. Submitted to the City of Minneapolis, 2001. · Contributor: Update to the Historic Mills District Master Plan. Submitted to the City of Minneapolist 2001. · Contributor: Elmwood: A Small Town Vision~ Submitted to the University of Nebraska- Lincoln, Department of Community and Regional Planning, Lincoln, Nebraska, 19974 ADDITIONAL TRAINING · Commissioner Assistance and Mentoring Program, offered by the National Alliance of Preservation Commissions, September 2004 · Section 106 training, United States Department of Housing and Urban Development and the Minnesota State Historic Preservation Office, April 2006 · HUD Environmental Assessment Training) United States Department of Housing and Urban Development, May 2006 · National Trust for Historic Preservation Conferences, 1995, 19991 2000~ 2003, 2005 · Minnesota Statewide Historic Preservation Conference, 2000, 2001, 2002, 2003, 2004~ 2005 Saleh Van Erem SUMMARY OF QUALIFICATIONS Saleh has been involved in architectural history and historic preservation projects in Minnesota, Wisconsin, Illinois, Virginia, Maryland, and Washington D.C~ Her work has included Phase I and II architectural survey projects; historical research, evaluations of eligibility, and assisting clients in complying with Section 106 of the National Historic Preservation Act. In addition, Saleh has prepared individual and multiple property National Register of Historic Places nominations. Saleh holds a Master's Degree in Historic Preservation from the School of the Art Institute of Chicago and a Bachelor's degree in Art History from the University of Wisconsin-Milwaukee. Her skills and abilities have allowed her to successfully complete a wide array of architectural history and historic preservation projects throughout the country. Saleh meets the U"S. Secretary of the Interior's Professional Qualifications Standards for history and architectural history. EDUCA TJON 2006 M.S~ Historic Preservation, School of the Art Institute of Chicago~ Chicago, Illinois 2003 B.A~ Art History with Architectural History emphasist University of Wisconsin-Milwaukee, Mil waukee, Wisconsin PROFESSIONAL EXPERIENCE 2008-present The 106 Group Ltd., St. Paul~ MN; Senior Architectural Historian · Responsible for assisting in research) writing, fieldwork, and historic context development of compliance surveys, and determinations of eligibility for the National Register of Historic Places. Additional responsibilities incLude assisting in developing heritage tourism initiatives, historic preservation assessments, and assisting clients in compLying with Section 106 of the National Historic Preservation Act. 2006-2008 EHT Traceries, Inc.; Architectural Historian & Surveyor · Responsibilities included the survey of historic properties, focusing on the identification~ evaluation, and documentation of individual historic buildings and districts~ She was responsible for the preparation of National Register nominations, inventory forms, historic context reportst determinations of eligibility, and Section 106 compliance reviews. 2005-2006 National Trust for Historic Preservation, Midwest Office; Grants Program Assistant · Responsibilities included tracking and reviewing applications for the National Trust Preservation Fund grants. She also assisted the field representatives with various preservation advocacy issues and individuals and organizations seeking preservation assistance. 2004-2005 Pathfinder Consulting; Preservation Research Assistant · ResponsibiLities included tourism, marketing, grant research) and organization building for non- profit architecture/preservation-based organizations in Illinois~ Saleh Van Erem 2003-2004 City of Milwaukee, Historic Preservation Commission; Research Assistant · Responsibilities included researching prospective locally designated and National Register eligible properties., and photographic documentation of properly and improperly altered historic properties~ SELECT REPORTS AND PUBLICATIONS . Author: Aurora Highlands Historic District. National Register of Historic Places, Arlington County, Virginia, 2008. Author: Dozens of Maryland Inventory of Historic Properties Forms, Prince George's County, Maryland, 2007 & 2008~ Contributor: Arlington Heights Historic District, Virginia Heights Historic District, and Monroe Courts Historic District. National Register of Historic Places, Arlington CountYt Virginia, 2007. Co-Author: Connemara~. Northwest Corner of Beaver Dam Road and Warren RoadJ Baltimore County, Maryland~ Prepared for the Maryland State Highway Administration, 2007. Author: Pabst Brewery: An Adaptive Reuse Study, Milwaukee, Wisconsin, Master's Thesis, School of the Art Institute of Chicago, Chicago, Illinois, 2006. Author: George E. Purple House, National Register of Historic Places, LaGrange1 Cook County, Illinois, 2006~ Contributor: Historic American Building Survey (HABS) Documentation of Thalia Hall, Chicago~ Illinois, 2005. Charles E~ Peterson Prize, Honorable Mention, 2005. . . . . . . PROFESSIONAL MEMBERSHIPS · National Trust for Historic Preservation · Society of Architectural Historians STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this day of ,2008 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") and Donald Empson (hereinafter called "Contractor"). 1. The Work. The Contractor agrees to perform and complete work for the second phase of the Heirloom Homes project. All work will be done in a workman-like manner and materials will be fit for the purpose. Work must be completed according to the RFP attached as Exhibit A and the work plan submitted by Donald Empson attached as Exhibit B. 2. Rate of Compensation. Compensation to the Contractor shall not exceed $15,000. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work according to the General Requirements, General Conditions, and Specifications for the project. 4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 5. Insurance. Contractor agrees that in order to protect itself and the City under indemnity provisions set forth above, it will at all times during the term of this contract, keep in force policies of insurance as indicated in this contract. The Contractor shall not commence work until a Certificate of Insurance covering all of the insurance required by these specifications is approved and a Notice to Proceed is issued by the City Engineer. The insurance protection will have the following limits: A. Comprehensive General Liability: (1) Bodily Injury (including completed operations and products liability). $500,000 Each Occurrence $1,000,000 Annual Aggregate (2) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. (3) Personal Injury, with employment exclusion deleted: $1,000,000 Annual Aggregate B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker's Compensation Coverage 6. Completion Date. Completion of work related this project must be completed by July 31,2009. 7. Ownership of Documents and Plans. All materials produced by the contractor during the course ofthe project shall be owned by the City of Stillwater. IN WITNESS WHEREOF, the parties have set their hands this _ day of ,2008. CITY OF STILLWATER By: Ken Harycki, Mayor By: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this of Ken Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. , 2008 by Notary Public Commission Expires: Commissioned At: / / CONTRACTOR By: Donald Empson STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ of Donald Empson. , 2008 by Notary Public Commission Expires: Commissioned At: / / EXIDBIT A ~Hw(JJ~! ~ [Hf 'I~THPLAr;!, Of M1I/ld~OTA ~ CITY OF STILL WATER HERITAGE PRESERVATION COMMISSION REQUEST FOR PROPOSALS/QUALIFICATIONS FOR PROFESSIONAL SERVICES City of Stillwater Public Education Program Featuring Stillwater Residential Heirloom Homes and Landmark Sites Website Proposals Due: 4:30 p.m. on Friday, August 8, 2008 1. Purpose 1.1. Background Information The City of Stillwater is a dynamic and vibrant community, nestled along the bluffs of the St. Croix River, one of America's protected Wild and Scenic Rivers. Stillwater is a stand alone City within the Metropolitan Urban Service Area (MUSA), located just 20 miles east of the Twin Cities metropolitan area. The City is a historic community with a growing population of 18,112 residents according to 2007 estimates and 7,074 housing units with a median home value of $242,000. Stillwater is one of the most visited cities in Minnesota, featuring a historic downtown, well known for its quality restaurants and shops featuring antiques, art, rare books and various specialty items. The City is also well known for its restored riverboats, 1940s dining train, Victorian bed and breakfasts, and seasonal recreation activities on the St. Croix River. In December 2005 the City of Stillwater was designated a Preserve America Community. The Preserve America initiative is a White House effort to encourage and support community efforts for the preservation and enjoyment of America's priceless cultural and natural heritage. 1.2. Historic Sites and Districts Stillwater currently has approximately 87 properties on the National Register of Historic Places with one historic district, the Downtown Stillwater Historic District. The Old Town residential area in the City has been locally designated as a Neighborhood Conservation District with some protective regulations through the City's Heritage Preservation Ordinance. 1.3. Previous CLG and Preservation Work by the Stillwater HPC As its first CLG project in 1992, the City of Stillwater hired a consultant to prepare a historic context document entitled Stillwater Historic Contexts: A Comprehensive Planning Approach. The document was funded with local funds and a CLG Grant. One of the recommendations in the context study was to divide the city into 17 1 manageable neighborhoods, called Historic Preservation Planning areas, for survey and evaluation purposes. Ten of the seventeen neighborhoods have been surveyed to date. In each of the surveys, local significance was identified and a preliminary determination for local designation was done for each property within the surveyed area. The ten neighborhoods that have already been surveyed are: North Hill Original Town South Hill Original Town. Sabin/Greeley Addition Dutchtown Neighborhood Holcombe District Hersey Staples & Co. Carli & Schulenburg's Addition Churchill, Nelson & Slaughter's Addition-West Half Churchill, Nelson & Slaughter's Addition-East Half Staples Mays Addition These surveys have been funded with local funds, in-kind match and CLG Grants. With its 2005 CLG Grant, the City hired a consultant to prepare a plan for identifying potentially significant historic structures and sites in the community and to develop a plan to implement a local historic designation program. The work resulted in identifying 776 "Heirloom Homes" and 61 "Landmark Sites" in the City that could be included in a local designation program. Heirloom Houses are a cross-section of homes that are representative of nineteenth century Stillwater. The homes contain a fair amount of their original design elements. These homes are generally not eligible for listing on the National Register of Historic Places; however, due to the local value they should be recognized. Landmark Houses and Sites are the finest old homes and most remarkable sites in Stillwater. They have architectural integrity and they have a strong connection to the history of Stillwater. They sites may be eligible or are already listed on the National Register of Historic Places. Copies of all of the above material can be found on the City's web site at httD://www.ci.stillwater.mn.llsl and looking under Community Information- Neighborhood Histories. Starting in 2007 the City of Stillwater, in conjunction with a paid consultant, started the first phase of the Heirloom Home and Landmark Sites program. This first phase involved the development of an on-line interactive and searchable database for properties the Heirloom Home and Landmark Site program. The website is currently on-line and operational with the first few properties. When this first phase is completed approximate 70 properties will be listed on the site, mainly from the southern portion of Stillwater's historic area. 2 2. Project Description 2.1. Work Summary This is the second phase of anticipated four phase project. The purpose of this second phase of the project is for the completion of inventories for approximately 300 of the Heirloom Houses for listing on the City's Heirloom Home website. Data will be compiled and entered into a Microsoft Access database that the website is populated from. A historian, meeting the professional standards requirements as set forth in the Secretary of Interior's Professional Qualification Standards, will be contracted to complete the above items. Supplemental research will be completed as necessary in a variety of primary and secondary sources. 2.2. Description of Products to be Produced This first phase of the project will include the following: 2.2.1. Complete detailed inventories for approximately 300 Heirloom Homes. The inventories will be completed by a qualified consultant meeting the Secretary of the Interior's Professional Qualifications Standards. Data from the completed inventories will be delivered to Minnesota Historical Society in an electronic database format. Inventories will also be available on the City's website. Staff estimates that approximately 80% of all of the Heirloom Homes have been included in neighborhood surveys previously completed by the City. Basic inventories for each of these properties are available at SHPO and the City. Additionally, of the landmark homes located in the completed neighborhood study areas approximately 30% of these properties will have sufficient information to complete a detailed survey. The remaining Heirloom properties will require supplemental research in a variety of primary and secondary sources in order to complete a detailed survey of the property. 2.2.2. In 2008, members of the HPC collected photos on approximately 350 of the "Heirloom Homes". During the term of this grant HPC members will collect digital photos on each of the remaining approximately 350 "Heirloom Homes". Members will also catalog the photos in a database by filename, date, property address, and description of the photo. This cataloging will allow the photos to easily be displayed on the City's website with information on each Heirloom Home and Landmark Site. 3 2.3. Project Work Plan The consultant will prepare and submit to the City a Project Work Plan that described the consultant's approach to completing the elements of the project along with a timeframe for completion. As part of the CLG grant the City is required to provide updates to the MilU1esota Historical Society at the following times: 2.3.1. By September 2008, the consultant and City Staff shall meet to discuss the project and how it will unfold. 2.3.2. By October 2008, the consultant and City Staff shall meet with the Heritage Preservation Commission to discuss the project and how it will unfold. 2.3.3. By December 2008, a list will be submitted to the MilU1esota Historical Society Grants Office for which inventories are expected to be collected. 2.3.4. By January 2009, a sample inventory will be submitted to the MilU1esota Historical Society Grants Office. 2.3.5. By May 2009, drafts of the detailed inventories will be submitted to the MilU1esota Historical Society Grants Office. 2.3.6. By June 15,2009, final draft ofthe detailed inventories will be submitted to the City of Stillwater. 2.3.7. By July 15,2009, final draft of the detailed inventories and director's report will be submitted to the MilU1esota Historical Society Grants Office. 2.4. Professional Qualifications The consultant persolU1el shall meet the Secretary of the Interior's Professional Qualifications Standards (as published in the Federal Register of September 29, 1983.) 2.5. Meetings The consultant will attend the following HPC meeting in Stillwater October 2008 - Introduction and overview of the project May 2008 - Review of final work product and acceptce of work by HPC. The HPC reserves the right to require additional meetings to review material and project progress reports as necessary. 2.5.1. 2.5.2. 4 2.6. Deadlines and Meetings 7/18/2008 7/22/2008 8/8/2008 8/25/2008 9/1/2008 9/16/2008 9/17/2008 By 9/31/2008 By 9/31/2008 10/6/2008 By 10/15/2008 By 12/31/2008 By 1/31/2009 5/4/2008 By 5/31/2009 7/15/2009 Mail invitations to potential bidders Publish RFQ announcement Proposals due at 4:30 PM Committee review of proposals HPC review/selection of consultant City Council approval of the consultant contract Consultant begins research for project Consultant meets with City Staff to discuss the project Open House for properties owners is setup and letters sent First consultant meeting with HPC Property owner Open House with City Staff and Consultant Submit list of properties to be surveyed to SHPO Submit sample survey to SHPO Final consultant meeting with HPC/Presentation of final product to HPC Submit draft detailed inventories to SHPO Final product and Project Director's Report to SHPO 2.7. Updates to the HPC The consultant shall provide monthly written progress reports. The reports must be submitted to the HPC by the 10th day of each month, August 2008 through July 2009. The City will incorporate the consultant's progress reports into the HPC's monthly progress report submitted to the State Historic Preservation Office (SHPO) by the 15th day of each month for the duration of the project. The HPC may request other written progress reports as necessary. 2.8. Final Products The consultant will create and produce one master hard copy and a digital master of all of the material they produce. The consultant will provide a disc of all electronically produced products to the Heritage Preservation Commission. 2.9. Budget and Support Services The consultant's contract will be funded by a $7,000 Certified Local Government Grant from the Minnesota Historical Society. This is 40.1 % of the total project cost. The City will be providing a match of $10,452.40 toward the project. This match includes $8,000 in cash, $1,697.40 of in-kind services, and $755 of other match. The City of Stillwater will administer the grant project. Total available funding to pay for the consultant services is $15,000.00. All materials produced by the consultant during the course of the project will be owned by the City of Stillwater. 5 2.10. Possible Future Phases of the Project As previously noted this is the second of an anticipated four phase project. These possible future phases of the project are NOT part of this contract. The City has no obligation to complete any anticipated future phases of the project. If the City completes future phases of the project the City will conduct a similar RFQ process for selecting a firm to complete the work for future phases of the project. At this time the City anticipates that the third phase of the project will be to complete detailed inventories on the remaining Heirloom Homes in order to complete all 776 inventories by the end of the third year. The final phase of the project will review and complete detailed inventories on the 61 identified Landmark Sites. Once all four phases of the project are completed the City anticipates that a local designation program for individual properties and neighborhoods will be established by the City. 3. Submission Requirements 3.1. Project Work Plan The consultant shall provide a proposal that establishes a general concept for the program, including a proposed timeline, which is based on the above "Project Description" . 3.2. Project Cost The consultant shall indicate if they are able to provide the scope of services within the $15,000.00 budget. Provide any information concerning the cost of additional services or elimination of scope of work to meet the $15,000.00 budget. 3.3. Statement of Qualifications A Statement of Qualification from the consultant covering the following information: 3.3.1. Provide a brief description of the consultant's capability, history and organization. Identify the name of the person designated as the contact person for this proposal with mailing address, telephone number, fax number and e-mail address. Resumes of individuals who will carry out the proposed project development and their respective roles in the project. Develop a work program and schedule for the proposal. Provide information on similar project completed by the consultant, including contacts who can be used for reference. 3.3.2. 3.3.3. 3.3.4. 3.3.5. 3.4. Number of Proposals Submit six (6) copies of the proposal. 6 3.5. Submission Deadline Proposals are to be received in the office of the Community Development Department no later than 4:30 p.m. on Friday, August 8, 2008. No late proposals will be considered. Proposals may be mailed or hand delivered to: Michel Pogge City Planner Stillwater City Hall 216 Fourth Street North Stillwater, MN 55082 4. Other Specific Requirements 4.1. The City of Stillwater reserves the right to accept or reject any and all proposals. 4.2. The fees quoted in this packet will be the maximum paid in total unless an amendment to the contract is approved by both parties. 4.3. Proposals received in response to this invitation shall become the property of the City of Stillwater and shall be retained on file, and by reference will become a part of any subsequent formal agreement. 4.4. Acknowledgement of Consultant 4.4.1. In the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the 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. 4.4.2. 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 previous section, 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. 4.4.3. The consultant agrees any publications, studies, reports, presentations, files, audio visual materials, exhibits, or other material prepared with grant assistance will contain an acknowledgement of Historic Preservation Fund grant funds and nondiscrimination policy as follows: "The This program is financed in part with federal funds from the National Park Service, U.S. 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 Interior. This program receives federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, 7 and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability, or age 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, National Park Service, 1849 C Street, NW, Washington, DC 20240." 4.4.4. The consultant is not debarred or suspended or is otherwise excluded form or ineligible for participation in Federal assistance programs under Executive Order 12549, Debarment and Suspension. 4.4.5. Other financial contributions may be acknowledged in the document as directed by the City. 5. Evaluation Criteria Proposals will be evaluated by the City of Stillwater on the following: 5.1. Qualifications 5.1.1. 5.1.2. 5.1.3. Recent consulting experiences with similar types of projects. Work experience and educational background of assigned staff members and their direct knowledge/experience specific to Still water. Demonstrated understanding of the scope of the work to be completed. Compliance with the Secretary ofthe Interior's Professional Qualification Standards for history and architectural historic as published in the Federal Register of September 29, 1983. 5.1.4. 5.2. Proposed Project Work Plan Overall content and concept 5.3. Cost Overall cost, including reimbursable expenses and the ability to produce the final products within the budget limitations identified in the RFQ. 5.4. Time Schedule Ability to comply with the proposed time schedule for the project. 5.5. Oral Presentation Following a review of the written responses to this Request for Qualifications, the City of Stillwater may invite a limited number of consultants to present their proposal to a committee made up ofHPC members and City staff. The quality of the consultant's oral presentation will be considered in the selection process. For questions or additional information, please contact: Michel Pogge, City Planner, City of Stillwater (HPC Staff Liaison) 216 Fourth Street North Stillwater, MN 55082 (651) 430-8822 mpogge@ci.stillwater.mn.us 8 EXHIBIT B R.F.P. Proposal for the CLG Grant, City of Stillwater Public Education Program, August 2008. Submitted by Donald Empson, 1206 Second Street North, Stillwater, MN (651-351-0172) Proiect Work Plan: From my reading of the RFP, and my discussion with Mike Pogge, this is a listing of the tasks required by the city, which I would provide: 1. Prepare 300 standard SHPO inventory forms. When available, previous survey inventory information will be used. If the homeowner signs on to the Heirloom Homes program, I will visit with the homeowner and supplement the inventory information for that particular house. I will make every attempt to acquire an historic photograph of the homeowner's house. 2.) I will enter information from the inventory forms into the fields of a Microsoft Access database which has been prepared. 3.) I will attend the Open House to be arranged by City staff by October 15,2008. 4.) I will meet with the HPC at the October and May meetings. 5.) The City will prepare item 2.3.3 in the RFP. I will participate. 6.) With my assistance, the City will prepare item 2.3.4 in the RFP. 7.) I will e-mail a monthly progress report to SHPO and City staff. 8.) I will produce one master hard copy and a digital master of my material for the City and SHPO at the project's end. City staff will be the public contact. All mailings and photographs will be done by City staff and the H.P.C.. The City will do all maintenance on the Heirloom Homes website. The research, writing and interviews will be done by myself, ~ith assistance from my wife, Kathy Vadnais. The bulk of the work would be done December-February, with completion by March, 2009, if possible. $15,000 is an acceptable anlount for the work outlined above. Donald Empson University of Minnesota: Bachelor of Arts Degree, 1965. Minor: History; Major: English. Master of Arts Degree, 1965. Library Science. Advanced Study, University of Iowa, Iowa City. Director, Chippewa County Library, 1965-1967. Montevideo, Minnesota. Instructor, School of Library Science, 1967-1970. University ofIowa, Iowa City. Minnesota Historical Society, St. Paul, Minnesota. Reference Librarian, 1970-1973. Map Librarian, 1973-1976. Self-Employed, Antique clock and watch repair, 1976-1988. Empson Archives, 1995-. Researched seven surveys of Stillwater neighborhoods under the direction of the Stillwater Heritage Preservation Commission using matching CLG funds. Qualified Principal Investigator under the Secretary of the Interiors Standards. Winner of the 2007 Award of Merit from the American Association of State and Local History. Publications The Street Where You Live. Witsend Press, 1975. Portrait of a Neighborhood. St. Paul, 1980. Guidebool~ to the 1870 and 1879 Bird's Eve View Maos of Stillwater. Minnesota. Empson Archives, 1995. The Street Where You Live: A Guide to the Place Names of St. Paul. University of Minnesota Press, 2006. Miscellaneous newspaper and magazine articles. Note: I have spent 45 years locating and studying historic houses, taking file photographs of old houses in Lake Elmo and Marine as early as 1963. My extensive knowledge ofthe history of Stillwater gives me context for the study of its old houses. As a city resident I personally know many ofthe people who own the old homes. I catalogued the 1976 CETA grant photographs of Stillwater houses. I purchased the yearly tax records (necessary to accurately date the old houses) for the Stillwater library. I had the Stillwater building permits 1885- 1945 microfilmed for the library. I published the Bird's Eye View Maps of Stillwater, which are crucial to a study ofthe old homes. illwater ~ ~ 'r\. THE BIRTHPLACE OF MINNESOTA J APPLICATION FOR PERMIT TO SELL Permit No 2008.. 246 Location Lily Lake Park Organization 1st Annual Bag 0 Tourny Organization Type (Individual, For-Profit, or Non-Profit) Non Profit Organization First Name Brian Last Name Nelson Address 118 West Olive Street Date of Birth: City Stillwater State MN Zip 55082 Mailing Address (if different than above) Daytime Phone 707-4088 Other Phone 430-9513 Event (softball game, wedding, etc. Bean Bag Tournament Type of Activity (fund raiser, dancing, music etc.) Beginning Day: Saturday, September 20, 2008 Beginning Time 10:00 AM Selling of Beer 3-2 Saturday, September 20, 2008 ~ Ending Time 10:00 PM Ending Day Selling of Beer (over 3-2)* 0 Selling of Liquor* Selling ofWine* *Requires a temporary license through MN Liquor Control o o Diane Ward, City Clerk OFFICE USE ONLY Permit to Sell Issued o Approved by City Council on CITY HALL: 216 NORTH FOURTH STREET · STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 · WEBSITE: www.cLstillwater.mn.us r 11 r BIAIHPiAC! or M!NN!SOrA ~ CITY COUNCIL DATE: August 29, 2008 CASE NO.: 08-30 APPLICANTS: David & Bev Junker REQUEST: Street vacation of a portion of Aspen Street. LOCATION: 1001 Fourth St N COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family Residential CITY COUNCIL DATE: September 2, 2008 REVIEWERS: City Administer, Community Dev. Director, City Engineer, and the Stillwater Board of Water Commissioners PREP ARED BY: Michel Pogge, City Planner W DISCUSSION The applicant is requesting the vacation of the north 30 feet of Aspen Street that is 150 feet east of Fourth Street North and extending east to a point that is 300 feet east of Fourth Street. City Staff understands that the Junker's are making the request in order that may someday build a home on their enlarged vacant parcel. If the City Council approved the vacation request, then the Junker's will consider making an application for variance to construct a home on the parcel. Junker ROW Vacation Request Page 2 PLANNING COMMISSION MEETING ACTION The Planning Commission held a public hearing and reviewed this request at its July 9, 2008 meeting. At that meeting the Commission elected to table the item at the request of the applicant's representative. On July 16, 2008 Ms. Josephine Kiel, who was initially a co-applicant with the Junker's, withdrew her request that the southern portion of the right-of-way be vacated to her. As a Charter City right-of-way vacations are governed by Minn. Stat. Sec. 440.135. This statute permits vacation upon the petition of any abutting owner. As such this request can proceed forward with just one property owner requesting that the right-of-way be vacated. The Planning Commission reopened the public hearing at its August 11, 2008 meeting. The CPC voted 8-0 to recommend that the City Council deny the requested right-of- way vacation. EVALUATION OF REQUEST When considering if publicly owned property should be vacated there are two basic items the City considers. A. Whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future. a. Currently there are water services in the right-of-way that provide service to 920 3rd St N, 918 2nd St N, and 1008 2nd St N. B. Any term, condition, reservation, or dedication of any easement or interest in the property necessary or desirable for public purposes and permitted by law. a. If the right-of-way is vacated, staff would recommend that the City secure a public utility easement for the existing water services before the right-of- way is vacated. Additionally, consideration should be made to have a public trail and pedestrian easement over a portion of the property in order that access from Fourth St N could be created if a trail would ever be developed in the ravine along the east side of the property. At a minimum Staff would recommend that a 5 foot Public Water and Trail Access Easement be placed on the entire southern edge of ROW that is request to be vacated. Junker ROW Vacation Request Page 3 Finally, though not part of the current request, a number of variances would be required before a building permit could be issued for the lot east of 1001 4th Street N. The attached map shows a 20' x 30' home on the site. Certainly a number of differing sized structures could have been used on the illustration including a 24' x 24' structure. Regardless of the size of the structure, in order to develop a home on the resulting lot a number of variances would be required including: 1. A variance to the required setback from a steep slope. (30 foot required, 0 feet available). 2. A variance to the minimum lot size. (7,500 square feet required, 3,690 square feet that is not on a steep slope). 3. A variance to the minimum public street frontage (50 feet required, 30 feet available). 4. If a larger or differently configured home than what is shown would be placed on the lot then variances to the front and side yard setbacks and a variance to allow the placement of a home on a steep slope may also be needed. FINDINGS Even thought the right-of-way that is requested to be vacated is not improved with a street, it still serves a public purpose and use. ALTERNATIVES The City Council has the following options: 1. Deny the right-of-way vacation request. If the City Council chooses to deny the request, then the Council should direct staff to draft findings of fact for consideration at the September 16, 2008 Council meeting. 2. Approve the right-of-way vacation request. An approval needs to be accompanied by substantive findings of fact. Staff would suggest the following conditions for approval: a. A public easement for utilities, drainage, general public access, public trail, and pedestrian access needs to be filed prior to the vacation of the right-of-way. 3. Continue the public hearing until the September 16, 2008 Planning Commission meeting. The 60 day decision deadline has been extended by staff to October 18, 2008. RECOMMENDATION That the City Council deny the right-of-way vacation request. Attachments: Applicant's request and Site Plan. rJ ~ 060>> I J-()os;s;: ;- rO 30'0-0 / ~ ocl-11 s V j/J ~-3o r illwater ~ ~~ THE BIRTHPLACE OF MINNESOTA J -Fee .~~~Rr Receipt NO'-di!i.46 City of Stillwater PETITION TO VACATE PUBLIC STREET The Undersigned Hereby Petitt n That All That portionrf \1'7pty) J-. ,SUI ~DOI. \.)~_ ABUTTING LOTS - Lu\ I BIOCk~ (;""i>.\ \ S~~ ""Iw~t Addition, in the city of Stillwater, hereby be vacated. NAME ~~\~ - GE)\) ~V\\i~ _~(J~e~'\n~c \;,~~~ ADDRESS \ b I ItD) Y\J\ ~ f- q~\) ~J\ ~ . \0'" *Attach a map showing the street to be vacated. S:\Planning\street vacation application petition.wpd CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 To the city of Stillwater, 6-12-08 I Josephine Kiel residing at 920 nth 3rd 81. would like to vacate Aspen S1. with Dave And Beverly Junker. Sincerely, a IU tI 7/15/08 City of Stillwater Planning Commission Stillwater, MN To whom it may concern, I Josephine Kiel polite fully request that my name be removed from the application to vacate Aspen street. (7/14/08 Case-No. 08-30) For I was unaware of the ramifications to my property, (920 North Third street). at the time that I signed the Application. Thank you for your prompt attention to this matter. Respectfully 4 Josephine A~el t(~y ) , 7-/~-()~ JUt COMMUNITY DEVELOPMENT P ENT J ' Case 08-30 Junker/Kiel ROW Vacation N A n...f1.J o 12.525 I 50 I 75 I Feet 100 City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 - 651-430-8810 fax 1 inch equals 50 feet ') ~ COUNCIL MEMO DATE: August 28,2008 CASE NO.: 2008-34 APPLICANT: Paul Weiler, Youth Services Bureau, Inc. REQUEST: 1) Ordinance Amendment to allow "amusement & recreational establishments" by Special Use Permit in BP-O Zoning District 2) Special Use Permit for "amusement & recreational establishments" LOCATION: 1901 Curve Crest Blvd, Suite 101 ZONING: BP-O, Business Park - Office REVIEWED BY: City Attorney, Building Official, Assistant Fire Chief, City Planner PREPARED BY: Bill Turnblad, Community Development Director1(/:"' BACKGROUND Youth Services Bureau, Inc. (a non-profit organization) is proposing to open and operate an indoor skateboard facility in the multiple tenant building located at 1901-1931 Curve Crest Boulevard. However, the property is zoned BP-O, Business Park ~ Office, which does not allow the proposed use. Consequently, Youth Services Bureau submitted an application requesting an ordinance amendment to allow the use on the site. The facility would be geared toward the non-driving age group. This virtually eliminates the need for parking, since parents would drop-off and pick-up their children rather than park a vehicle. The hours of operation are planned to be from 3:00 PM to 8:00 PM Mondays through Fridays. On weekends the facility would be open from noon to 8:00 PM. The facility is anticipated to accommodate 15 to 20 youth each day. Half of the operating budget would be generated through a $5 admission and concession sales. The other half would come through donations from United Way and sponsorships from area corporations. Youth Services Bureau SUP Page 2 of3 SPECIFIC REQUEST In order to operate the skateboard facility, Youth Services Bureau requests that the City Council amend City Code Section 31-325 by adding "amusement and recreational establishments" as a specially permitted use in the BP-O Zoning District. The applicant also requested the Planning Commission to approve a Special Use Permit for the facility. The Planning Commission approved the request, contingent upon approval of the necessary ordinance amendment by the City Council. EVALUATION OF REQUEST The purpose of the BP-O Zoning District is "to provide a district for office uses." However, in the West Business Park this purpose is diluted by the practice of allowing unrelated uses by Special Use Permit (SUP). For example, by SUP almost any general retail business is allowed, as is warehousing, wholesaling, schools and other institutional uses. These businesses are normally found in commercial, industrial and institutional districts, but not in office districts. Consequently, Stillwater's BP-O office district is an eclectic mix of everything from liquor stores to lumberyards. Given the current mix of uses in the district, it is difficult to do a standard compatibility analysis of the ordinance amendment request. On the one hand, recreational uses are potentially incompatible with office uses in a business park setting. This would argue against approving the request. On the other hand, the mix of existing uses in this district is already substantially different from the uses envisioned by the district's purpose statement. This would argue in favor of the request. Never the less, City planning staff advises against slipping further away from the district's core purpose by allowing recreational uses in this office district. ALTERNATIVES The City Council has at least the following options: 1) Approve the requested ordinance amendment. 2) Deny the requested ordinance amendment. 3) Approve the requested ordinance amendment with the following performance standards: a. The amusement or recreational establishment may occupy no more than 3,000 square feet. b. The amusement or recreational establishment must operate in compliance with the noise standards specified in the City Code, Ch. 38, Section 38-3. i. The amusement or recreational establishment shall be considered a "commercial" use pursuant to Ch. 38, Sec. 38-3, Subd 4. 11. Not only shall the standards be met at property lines, but the standards shall also apply to receiving uses in abutting tenant spaces. Youth Services Bureau SUP Page 3 of3 c. Prior to issuance of a Certificate of Occupancy for the establishment, a qualified professional shall certify that the use will under normal operating conditions meet the noise standards as specified in the City Code, Ch. 38, Section 38-3. d. The amusement or recreational activity offered by the establishment must operate exclusively indoors. e. The amusement or recreational establishment must have at least one employee or supervisory volunteer over the age of 21 in the premises during all hours of operation. 4) Table the request for more information. RECOMMENDATIONS PLANNING COMMISSION The Planning Commission: 1) Approved the Special Use Permit for the skateboard facility with the following conditions: a. The Special Use Permit shall only become effective ifthe City Council approves the ordinance amendment allowing a skateboard facility by SUP in the BP-O Zoning District. b. No signage shall be installed on the property until a sign application package is submitted to and approved by the Heritage Preservation Commission. c. A building permit shall be submitted to the City and approved by the fire and building officials. The facility shall not be opened to the public until after the City's building official has issued a certificate of occupancy. d. All modifications to the plans will need to be reviewed by the Community Development Director. All minor modifications shall be approved in advance by the Community Development Director. All major modifications shall be approved in advance by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. e. Sufficient on-site supervision shall be provided at all times to maintain orderly conduct inside and outside the facility. 2) Recommended approval of the ordinance amendment with the condition that city staff forwards a method to the City Council for limiting the recreational and amusement establishments that might be able to locate in the BP-O zoning district. STAFF City planning staff believes the proposed use strays too far from the purpose ofthe BP-O Zoning District, and that the more appropriate West Business Park district for recreational facilities is the BP-C, Business Park-Commercial district. Therefore staffrecommends denial of the ordinance amendment. Attachments: Ordinance Amendment Nuisance Ordinance Excerpt pertaining to Noise Planning Report cc: Paul Weiler I' II I E'~.R1'T: c.&tRltertr Ct:f1;E II I -----.-- ----------.-,..- ALLOWABLE USES ZONING DISTRICTS CA CBO VC BP-C BP-O BpJI CRO PA PWFO m Commercial recreational uses --- SUP :::l Commercial recreational SUP .- (]) ;::+ entertainment ill --. :::l Amusement and recreational P 3 (]) establishments 1 ;:3. Outside entertainment, commercial2 SUP Outside sales or special events2 SUP SUP Outside storaqe SUp3 SUp4 0 Commercial nurseries SUP SUP c a: Exterior phonographs, paging SUP 0 0 Ul systems, musical instruments, etc that may disturb the peace and quiet of the public Schools, business and technical P P -------- f------'----- ~-- Schools and studios for arts and P P crafts, photoqraphy, music, dance --~ Educational institutions, schools SUP P -.-- -- _._--- Libraries, art galleries, theaters SUP SUP SUP - and other such cultural facilities :::l ~ ._--~ 1----.-- -- ~ Libraries or post office P ---~- 0 Churches, other places of worship P :::l -- --.-- ill Dav care/nurseries SUP SUps SUps Group day care -- L__...__ ------ P -- Governmental facilities SUP SUP Fire station - SUP -.---- -- Hospitals, convalescent hospitals SUP and nursing homes Hotel or motel P SUp6 SUP Manufacturing, limited7 1--- P .-- - -...- s: Manufacture of baked qoods P ill . :::l Manufacturing, processing, SUP c -+. ill fabrication or assembling of limited " C commodity8 -, :::l -- --- .-. co Retail sales of products SUP manufactured on the site9 II II II - I I I - - I - I - I 1 Such as armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises, 2 These uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis, 3 All outside storage shall be screened by a solid wall or fence and landscaping for public view, 4 Must be screened 5 Including pre-schools 6 Hotel or motel or other uses providing visitors with overnight accommodations, 7 Limited manufacturing means conducting a process fabrication, storage or manufacturing of light materials, including electronic components and accessories, 8 Except junk or storage, 9 So long as no more than 20 percent of building floor area is for retail purposes, Stillwater Zoning Ordinance, City Code Ch. 31 Page 78 ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING "AMUSEMENT & RECREATIONAL ESTABLISHMENTS" IN THE BP-O, BUSINESS PARK-OFFICE ZONING DISTRICT AS A SPECIALLY PERMITTED USE THE CITY COUNCIL OF THE CITY OF STILL WATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that "amusement and recreational establishments" (such as armories, assembly halls, bowling alleys, dance halls, pool and billiard parlors, skating rinks and other social, sport or recreational centers) are uses that under certain circumstances fit compatibly with other allowed uses in the BP-O, Business Park-Office Zoning District. Consequently, such uses shall be allowed with a Special Use Permit if they meet the Special Use Permit review criteria found in City Code Chapter 31, Section 31-207, and all of the following performance standards: (1) The establishment may occupy no more than 3,000 square feet. (2) The establishment must operate in compliance with the noise standards as specified in City Code, Chapter 38, Section 38-3. (a) The establishment shall be considered a "commercial" use pursuant to City Code Chapter 38, Section 38-3, Subdivision 4. (b) Not only shall the establishment meet the specified noise standards at its respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building. (3) Prior to issuance of a Certificate of Occupancy for the establishment, a qualified professional shall certify that the establishment will under normal operating conditions meet the noise standards specified in City Code, Chapter 38, Section 38-3. (4) The amusement or recreational activities offered by the establishment must operate exclusively indoors. (5) The establishment must have at least one employee or supervisory volunteer over the age of 21 in the premises during all hours of operation. 2. Amending. City Code Chapter 31, Section 31-325, Allowable Uses in Non- Residential Districts, is hereby amended by allowing "Amusement and Recreational Establishments" with a Special Use Permit in the BP-O, Business Park-Office Zoning District providing they meet the Special Use Permit review criteria found in City Code Chapter 31, Section 31-207, and all of the following perfonnance standards: Ordinance No. Page 2 of3 (1) The establishment may occupy no more than 3,000 square feet. (2) The establishment must operate in compliance with the noise standards as specified in City Code, Chapter 38, Section 38-3. (a) The establishment shall be considered a "commercial" use pursuant to City Code Chapter 38, Section 38-3, Subdivision 4. (b) Not only shall the establishment meet the specified noise standards at its respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building. (3) Prior to issuance of a Certificate of Occupancy for the establishment, a qualified professional shall certify that the establishment will under normal operating conditions meet the noise standards specified in City Code, Chapter 38, Section 38-3. (4) The amusement or recreational activities offered by the establishment must operate exclusively indoors. (5) The establishment must have at least one employee or supervisory volunteer over the age of 21 in the premises during all hours of operation. 3. Amending. City Code Chapter 31, Zoning Ordinance, is hereby amended by adding Section 31-515.1, "Amusement and Recreational Establishments in the BP-O district" as follows: The City of Stillwater finds that "amusement and recreational establishments" . (such as armories, assembly halls, bowling alleys, dance halls, pool and billiard parlors, skating rinks and other social, sport or recreational centers) are uses that under certain circumstances fit compatibly with other allowed uses in the BP-O, Business Park-Office Zoning District Consequently, such uses shall be allowed with a Special Use Permit if they meet the Special Use Permit review criteria found in City Code Chapter 31, Section 31-207, and all of the following performance standards: (1) The establishment may occupy no more than 3,000 square feet. (2) The establishment must operate in compliance with the noise standards as specified in City Code, Chapter 38, Section 38-3. (a) The establishment shall be considered a "commercial" use pursuant to City Code Chapter 38, Section 38-3, Subdivision 4. (b) Not only shall the establishment meet the specified noise standards at its respective property lines, but the noise Ordinance No. Page 3 of3 standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building. (3) Prior to issuance of a Certificate of Occupancy for the establishment, a qualified professional shall certify that the establishment will under normal operating conditions meet the noise standards specified in City Code, Chapter 38, Section 38-3. (4) The amusement or recreational activities offered by the establishment must operate exclusively indoors. (5) The establishment must have at least one employee or supervisory volunteer over the age of 21 in the premises during all hours of operation. 4. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 5. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 2nd day of September, 2008. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Ii 38-1 STILLWATER CODE Subd. 12. Penalty for violation of section. Any person who violates any provision of this section is guilty of a misdemeanor. (Code 1980, S 38.01; Ord. No. 674, 1-19-88) Sec. 38-2. Prohibiting conducting and par- ticipating in noisy parties or gath- erings. Subd. 1. Prohibited acts. No person may con- gregate because of, conduct or participate in any party or gathering of people from which noise emanates of a sufficient volume or of such nature to disturb the peace, quiet or repose of other persons. Subd. 2. Refusal to disperse; violation. A police officer may order all persons present other than the owners or tenants of the building or place to immediately disperse. Any person who refuses to leave after being ordered to do so by a police officer is guilty of violating this section_ Subd. 3. Abatement; violation. Any person or tenant ofthe building or place who has knowledge of the disturbance and fails to immediately abate the disturbance is guilty of violating this section. (Code 1980, S 38.02) Sec. 38-3. Noise control and regulation. Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivi- sion, except where the context clearly indicates a different meaning: General. Words and phrases defined in this subdivision have, when used in this section, the meanings given in this section. Any other word or phrase used in this section, and defined in regu- lations ofthe Minnesota Pollution Control Agency Noise Pollution Control Section, NPC-1 and NPC-4, has the meaning given in those regulations. L10 means the sound level, expressed in deci- bels (dBA) which is exceeded ten percent of the time for a one-hour period. LSO means the sound level similarly expressed and measured which is exceeded 50 percent ofthe time for a one-hour period. Supp. No.5 Noise means an unwanted sound. Sound to be measured by a sound level meter (SLM) having characteristics as specified in the latest stan- dards, 51.4 of the American Standards Institute. Calibration of SLM shall be at least "second stage" traceable to the national bureau of stan- dards. Subd. 2. Prohibited noises made by sound pro- ducing or reproducing equipment. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, pho- nograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. This includes operation of any such set, instru- ment, phonograph, machine or other device be- tween the hours of 10:00 p.m. and 8:00 a.m_ in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adja- cent, or at a distance of 50 feet if the source is located outside a structure or building. Subd. 3. Hourly restriction on certain opera- tions. Certain operations shall be restricted dur- ing certain hours as follows: (1) Recreational vehicles. No person may, be- tween the hours of 10:00 p.m. and 8:00 a.m., drive or operate any minibike, snow- mobile or other recreational vehicle not licensed for travel on public highways, in such a manner that it is plainly audible at a distance of 50 feet from its source_ (2) Domestic power equipment. No person may operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 8:00 a.m. and 10:00 p.m. on any weekday or between the hours of9:00 CD38:8 NUISANCES S 38-3 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is ex- empt from this subsection. (3) Construction activities. No person may engage in or permit construction activi- ties involving the use of any kind of elec- tric, diesel or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p_m. on Supp. No.5 CD38:8.1 any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. NUISANCES S 38-4 Subd. 4. Receiving land use standards; maximum noise levels. No person may operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use category specified when measured at or within the property line of receiving land use. Table 1. Sound Levels by Receiving Land Use Districts. Day (8:00 a.m.-lO:OO p.m.) Land Use Districts LlO Standard 65 dBA 70 dBA 80 dBA Night (1000 pm.-8:00 a.m.) L50 Standard Residential Commercial Industrial 60 dBA 65 dBA 75 dBA LlO Standard 55 dBA 70 dBA 80 dBA 50 dBA 65 dBA 75 dBA L50 Standard For noise relative to period less than L-lO Standard, the following conditions apply: No indoor sound level shall be raised more than six dbc over existing background, and no outdoor sound level shall be raised more than ten dbc over existing bacll:ground noise level. The limits of the most restrictive district shall apply at the boundaries between the different land use categories. The determination of land use shall be by its zoned designation. Subd. 5. New multiple dwelling construction. New multiple dwelling construction may have a sound transmission class (STC) designed to 50; field measurable to 45; and impact isolation class designed to 50; field measurable to 45, in addition to meeting requirements of the state uniform building code. Subd. 6. Enforcement of section. This section shall be enforced as follows: (1) Notice of certain violations. When the enforcement officer determines that a noise exceeds the maximum sound level permit- ted under subdivision 4 of this section, he must give written notice of the violation to the owner or occupant of the premises where the noise originates and order the person to correct or remove each specified violation within such reasonable time pre- scribed in the notice. The failure to re- move or correct any such violation within the time so prescribed constitutes a viola- tion of this section. (2) Ciuil remedies. This section may be en- forced by injunction, action for abatement or other appropriate civil remedy. (3) Criminal penalties. Every person who vi- olates any other provision of this section is guilty of a misdemeanor. Each act of violation and each day a violation occurs or continues constitutes a separate of- fense. (Code 1980, ~ 38.03; Ord. No. 728, 8-23-90; Ord. No. 772,8-20-93) State law reference-Pollution control agency, Minn. Stat. S 116.01 et seq. Sec. 38-4. Posting of signs and other printed material. Subd. 1. Prohibited acts. Except as otherwise permitted by this Code, no person may post, stick, stamp, paint or otherwise affix or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the CD,'38:9 PLANNING REPORT DATE: August 8, 2008 CASE NO.: 2008-34 APPLICANT: Paul Weiler, Youth Services Bureau, Inc. REQUEST: 1) Ordinance Amendment to allow "amusement & recreational establishments" by Special Use Permit in BP-O Zoning District 2) Special Use Permit for "amusement & recreational establishments" LOCATION: 1901 Curve Crest Blvd, Suite 101 ZONING: BP-O, Business Park - Office REVIEWED BY: City Attorney, Building Official, Assistant Fire Chief, City Planner PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Youth Services Bureau, Inc. (a non-profit organization) is proposing to open and operate an indoor skateboard facility in the multiple tenant building located at 1901-1931 Curve Crest Boulevard. However, the property is zoned BP-O, Business Park - Office, which does not allow the proposed use. Consequently, Youth Services Bureau submitted an application requesting an ordinance amendment to allow the use on the site. SPECIFIC REQUEST In order to operate the skateboard facility, Youth Services Bureau specifically requests: 1) An amendment to City Code Section 31-325 that would add "amusement and recreational establishments" as specially permitted uses in the BP-O Zoning District; and 2) A Special Use Permit for the facility. EVALUATION OF REQUEST Ordinance Amendment The purpose of the BP-O Zoning District is "to provide a district for office uses." Youth Services Bureau SUP Page 2 of 4 However, in the West Business Park this purpose is diluted by the practice of allowing unrelated uses by Special Use Permit (SUP). For example, by SUP almost any general retail business is allowed, as is warehousing, wholesaling, schools and other institutional uses. These businesses are normally found in commercial, industrial and institutional districts, but not in office districts. Consequently, Stillwater's BP-O office district is an eclectic mix of everything from liquor stores to lumberyards. Given the current mix of uses in the district, it is difficult to do a standard compatibility analysis of the ordinance amendment request. On the one hand, recreational uses are potentially incompatible with office uses in a business park setting. This would argue against approving the request. On the other hand, the mix of existing uses in this district is already substantially different from the uses envisioned by the district's purpose statement. This would argue in favor of the request. Never the less, City planning staff advises against slipping further away from the district's core purpose by allowing recreational uses in this office district. Special Use Permit The proposed indoor skateboard facility is geared toward the non-driving youth age group. This virtually eliminates the need for parking, since parents would drop-off and pick-up their children rather than park a vehicle. The hours of operation are planned to be from 3:00 PM to 8:00 PM Mondays through Fridays. On weekends the facility would be open from noon to 8:00 PM. The facility is anticipated to accommodate 15 to 20 youth each day. Half of the operating budget would be generated through a $5 admission and concession sales. The other half would come through donations from United Way and sponsorships from area corporations. Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the Planning Commission finds that: (A) The proposed structure or use conforms to the requirements and the intent of the Zoning Ordinance, the Comprehensive Plan, and any relevant area plans. Zoning Ordinance The building within which the proposed skateboard facility would be located already exists. And the proposal would not include any exterior work to the building or property. Therefore, very few zoning ordinance standards apply to the project. The exceptions are the use issue (which is addressed above), parking and signage. Parking - The space that is to be leased by Youth Services Bureau was previously used for storage/warehousing. Consequently there is no striped parking near the skateboard facility. None the less, there are two unmarked spaces available for the facility employees. This can be seen in the attached site layout. This should be sufficient since users of the skateboard facility are younger than driving age and likely will be dropped offby their parents and picked up later. In addition, the hours of operation are generally outside of standard office hours. Therefore, ifthere are some parents that want to stay on-site, there will be parking available in the front parking lot. Youth Services Bureau SUP Page 3 of 4 Signage - No sign information has been submitted as part of this request. The Heritage Preservation Commission will need to review and approve a sign permit before any signage may be installed. Comprehensive Plan In terms of land uses "amusement and recreational establishments" would be more consistent with commercial land uses than office or industrial uses. Consequently, in the Zoning Ordinance the skateboard park and similar recreational uses are currently allowed in the CA, General Commercial Zoning District (permitted) and the CBD, Central Business District (Special Use Permit). Therefore, in the West Business Park neighborhood, the BP-C, Business Park-Commercial district would be the appropriate zoning district to add "amusement and recreational establishments", not the BP-O, Business Park-Office district as requested. An air photo is attached to show the properties that are currently zoned BP-C. (B) Any additional conditions necessary for the public interest have been imposed. And, the proposed use or structure will not constitute a nuisance or be detrimental to the public welfare. · A building permit will need to be submitted and approved by the fire and building officials. . The facility may not open to the public until a certificate of occupancy is issued by the City's Building OfficiaL . All modifications to the plans will need to be reviewed by the Community Development Director. All minor modifications shall be approved in advance by the Community Development Director. All major modifications shall be approved in advance by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. · Sufficient on-site supervision shall be provided at all times to maintain orderly conduct inside and outside the facility. · Though not necessarily a potential nuisance item from the point of view of the general public, the building owner should be aware that without sufficient sound proofing, the noise generated by the indoor skateboard use could be a detriment to any abutting office usage. AL TERNATIVES The Planning Commission has the following options: 1) Recommend approval of the requested ordinance amendment, and approve the SUP with the following conditions: a) The Special Use Pennit shall only become effective if the City Council approves the ordinance amendment allowing a non-profit skateboard facility by SUP in the BP-O Zoning District. Youth Services Bureau SUP Page 4 of 4 b) No signage shall be installed on the property until a sign application package is submitted to and approved by the Heritage Preservation Commission. c) A building permit shall be submitted to the City and approved by the fire and building officials. The facility shall not be opened to the public until after the City's building official has issued a certificate of occupancy. d) All modifications to the plans will need to be reviewed by the Community Development Director. All minor modifications shall be approved in advance by the Community Development Director. All major modifications shall be approved in advance by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. e) Sufficient on-site supervision shall be provided at all times to maintain orderly conduct inside and outside the facility. 2) Deny the SUP and recommend denial of the requested ordinance amendment. 3) Table the requests for more information. RECOMMENDATIONS City planning staff believes the proposed use strays too far from the purpose of the BP-O Zoning District, and that the more appropriate West Business Park district for recreational facilities is the BP-C, Business Park-Commercial district. Therefore staff recommends denial of the ordinance amendment. Attachments: Floor Plan Site Layout Location & Zoning Map BP-C Properties cc: Paul Weiler C:!. Q 8 d << ! .~ . 1)00 ~ -~-I I I I I I -11 I \ i I I I , LbA.-DI r-IG. Doe-I.< I I I DVe<. IlEA-I) Pc:>of2.. - ~~~ ------~- - '-- .. - q -- -- .. ~ 0 0 " " .:os:. (f) <ll -0 - ..J ~ .,-, g Q. '.', 0.. ..- -0- -"._-- - a -._-~-- --------- ---- - ,. 0.. l[) l[) a l[) l[) tD X 0 ..D - c l ~ =:J . '+- ?!$ .s. ~ <ll -"..~.- .. 1- - ~c- ----~--- __ _un. s86p8l DCNH ~S Q. (f) <lJ \~ --- - (f) - ---- .. ----~--.--o----..--------- m >jJ8P .Sg6xg .:os:. 0.. c . a 0 m , >j08p r N ..g-g6xg (~ ~ .:os:. ,. , " .~ u \:!~ <ll ? 0 ,/ ....- .. , f) . , LI t City oj Youth Services Bureau Indoor Skateboard Center Site layout City of · lwater Youth Services Bureau Indoor Skateboard Center Communrty Development Department ~'?-I."f...:. / ~~~#;;~It.~J~~~~ "rt-f~~~\ \.01 1'If fl.C]' r ,11 D "s-,'1~ ~ ~ '.L m 11T7'!1 '-I. ~ - -0 r/l :J:I:: '!-/,"f::::j J.)., ~ '" . I:tit:: 11= /' ~ ...\'~'J Base Zoning Districts ~h)jJ::i . '}~Lf~~-,~\'i:-'v A Y> ~it' ~~ D A-P, Agricultural Preservation ~~'IffY. I Wi I ,,~/" ~ ~. .-----~~ ~p-""\\-\ ~ D.. RA - Single Family Residential _.Jj ~II.JJJ jlQl1 Hi lH Irtf I' 1 "r-n - ~ ~ D RB - Two Family 1r=:--iIF. - - -Wr-r;.,~ _I~ ~I'" ~~ D TR Traditional Residential '- 1= Qilt3\ I H-I ~.j} lJlJl-<I-j~lkJ l'::f\ I /I I ~C? ~~ _ 11- _ LR: Lakeshore Residential ~ r- c::J % (.q, '11\'::::::", ~ ~~), \!i0~. i~ 'I'J nl _ CR, Cottage Residential I ,=ie,/ ~~W--~ h. '1'~ ~\~ ~ ~ it _. CTR,CoveTraditionalResidential ~-...., .-:\Uq; :!Ilf. Ii ~ ~ ~ t\\~~ ~ . rn 1J..! ~ CCR, Cove Cottage Residential r- tlJ/f ~~~\t~~ ,~., 1!:~ : E!~~~~~~::::;eR:~::~~:' -, U.WJjkZ. ri~.'-R ~~;lb~m~W I (Jf ~ _ _RCH-HighDensity Residential ~ ';h:J ~ IE Id 1:71 IR[). 711 ,Qj - _ VC, Village Commercial Ie ~ J1; -;. H f-Y :3: -. - _ CA - General Commercial ~ J 11t1?~ ~~ ~~ '(I E Ifl11 LAR ~ ~lf _ CBD - Central Business District ~ '" ~ lP1:t= ~ ~ ~ 11-..: '~ . 1== en 7 r=WC D BP-C, Business Park - Commercial ~ 1- - ~h ~..J[cl:.J:;[(l,-1 --- S #..,1 \ ~ _ BP-O, Business Park - Office P: 1- oJ. (1)/' 'I=kIl t-r.J!: -,~J1~~.Y' ):;: ~h"'1-- _ u. D BP-I, Business Park - Industrial ~ I ~'l~i j - ~ i:-'~ J K..h.. ~ I- _ IB - Heavy Industrial """"'rrIiIJ.! I,. ~~Iffi~~'" 8 -' ~ .. ~ I!!!") CRD - Campus R....rch Development ~ ~~~~ ~. T1IJf~~ ~7;t ~ ~(~~~ D PA-PublicAdministration 1\ m..~JJ.r~. A J; jFtfi !i ~ :5 ~~ D TZ - Transitional Zone (Township) ~~~~~ ~ <Qv Z ~ - D Public Works Facility ~~.x~ /~ 0 ~ __x,,~~' ./ DROAD ~~~ Y"i----:t~~ z 4f ~:.<. ~)) ~ 3; _ Railroad o~~~ ~~ ~~ ~ ~~1 -.....; D WATER ~~:r~ /~ ~1 ~ wZ · :\ .- ~M- \'"~~~~~f-.. ~ r ~ 11 -}~~)a'~iIi~ '\ ~ \ \~ ~ 'It-..:. & t: I ~." :I'D ~ I., ~ ~ - !W~I - ,.--... ,~'\ I \^ 'lOINElfL-oRLEA S ~ . I CT. :: ~ _ ....... ~ ---Ill , ~. ,~~, ""( l..J ~ - - - _ _ _ 16 II I .11 :Y 0R1 BAN$' POND \ r1 LA. L -. - - - - r- \ d ~ ,,} I ll:: 1:f-u1 } ~ ~ ~r ~ Ih-"- 0 I~SC:: -- 'J . ~ ,Ii II I ,... ~H 6Ji I~ ~ I--- ~ ~ .1 >:- ::::.-.l s ~ CRHT '11III - ~ _ ::St~Q ~- - - _ -J SITE I""; I f--- ......... I ~ -::;. I r-,-- . ~ . ~I' ----"' v I I b- I~ ~ ~;;~ I~ I~ J'----...1r;!J :"'< 1: - - - - - - - - - _ -ILU I-- I SH TO til/;f1lZ!. 1-1 h "-----, IL ~ [? 'iJ I&-:= ILh 66 I ~ - ~ ~11/ "-Ji I e-L-- !.cQ I '" II~~~II' ~ :~A ;~_--J . ~ r.~. II :~ J 0 v~'r 1\ -' - - _ _ "' IIL~ ~ 1= ~~ - - - - -- - -.....--.- - - - - - - --- --f ~-_.......... ~ - - - - - -- -~, - - ... - - - - =1 - - - ..~ - - - - - - - - - - - - ~ - - - - - - - - - - - -,- - - -- .{' ,-.- --- ----------------- -- - . I .".'~ I "'-u..... I T T - / r STATE HWY1. 36 II I I I I, I I I "1' I # ~ J QI I-' f=i~ ::::::] ~ I , ~E S Location and Zoning Map , Memo DATE: A~gust 29, 2008 TO: Mayor and City Council FROM: Sharon Harrison\~ Finance Director ~ RE: 2009 Proposed Budget Attached is the following: 1. A resolution adopting the 2009 Proposed Budgets for the General Fund, Special Events fund, St Croix Valley Recreation Center Fund, Library Fund, Washington County Recycling Grant Fund and the DARE Fund. 2. A resolution adopting the General Tax Levy, Debt Service Special Levy and PERA Special Levy for a total levy amount of$10,099,769. 3. A resolution setting the Truth-in-Taxation public hearing dates-initial hearing and a continuation hearing. (The continuation hearing date is only "if needed") 4. A Truth-in- Taxation calendar of hearing dates provided by the County. The numbers in the resolutions for the proposed levy and the proposed budget are based on the discussions with the Council during the budget hearings in July. The dates in the resolution for setting the Truth-in-Taxation hearings are staffs recommendation. Council can choose other dates, but those dates cannot conflict with other taxing jurisdiction's hearing dates. The calendar attached provides dates that are already spoken for by some of those jurisdictions. Also, Council may want to consider moving the regular Council meeting date of December 2, 2008 to coincide with the initial truth-in-taxation hearing date. ACTION NEEDED If Council agrees with staffs recommendations for the proposed budget, the proposed levy and the truth-in-taxation hearing dates, Council should adopt the three attached resolutions. , RESOLUTION NO. 2008- ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2009 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $10,099,769, which consists of the following types: Prooosed Levv General Tax Levv $6,652,408 Special Levies: Debt Service $3,286,539 PERA $160,822 TOTAL $10,099,769 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2009. Adopted by the Council this 2nd day of September, 2008. Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk , RESOLUTION NO. 2008- ADOPTING THE PROPOSED BUDGET FOR THE YEAR 2009 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget for the year 2009 with revenues and expenditures in the amounts for the following funds: General Fund Special Events Fund St Croix Valley Recreation Center Fund Library Fund Parks Fund Washington County Recycling Grant Fund DARE Fund Revenues $ 11,401,470 92,500 2,036,700 1,254,693 991,067 34,050 3,000 $ 15,813,480 Adopted by the Council this 2nd day of September, 2008. Expenditures $ 11,401,470 92,500 2,188,366 1,254,693 991,067 34,050 3,000 $ 15,965,146 Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk RESOLUTION NO. 2008-_ SETTING PAYABLE 2009 TRUTH-N-TAXATION PUBLIC HEARING BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Payable 2009 Truth-in-Taxation hearing shall be at 7:00 p.m., Monday, December 1, 2008, and a continuation public hearing, if needed, shall be at 7:00 p.m., Tuesday, December 9,2008. Adopted by the Council this 2nd day of September, 2008. Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk ~ ~ ..... ~ ~ ell e ..... ~ ~ ~ == ~ o ~ ~ "'0 e ~ -00 ~Q UQ eN o ~ ..... ~ ~..Q ~ == ~ ~ ~ ~ I ~ .5 ~ ~I ..... ~ = ~ ~..Q ~ == Q'\ ~ Q > Q 0 NZ >. ~ ~ >. ..... e = o U e o ..... ell e ..... -= ~ ~ ~ ..... ~ ~ > rJ1 i - ..... f"ol ~ > ~ 0 z ~ ~ Q = f"ol -= ~ ~ z "'0 0'1 ~ - ~ ~ ~ QC ~ .... = > ~ i ';!; ..... ..... ;: ~~ -< "l::l ~ I~ ~ .~ ~ ~ ~ "l::l ~ ~ I~ Z ~ ~ e t- o - ~ ~ e ::: = rJ1 ; i I I I I I I I I I I I I I I I I I I I I I I I { <"l I 0'1 f"ol > o Z QC f"ol > o Z t- f"ol > o Z I.Q f"ol > o Z lrl f"ol > o Z ..,. f"ol > o Z l") f"ol > o Z I.Q lrl ~ = '> 'S'J> '" .::l:: = ~ .c Eo-< ell C c'~ C ~ ..,. = = o U] .-::: c - l") - .~ .-::: c -ell ::: = (oJ .- C l. = ~ o ~ u= - ~ ::; E E E E E E ~ Co Co Co Co Co Co= f"ol~ggggg'? .. .. .. .. .. .. t- l/fr---r---r-r--t"'-I I I I I I I..,. =N""N~"""" CiNNl"t")l"t")l"f')- N'=\CCIOOOClON QQQQQQQ VlVlVlVlVlVlVl ------- - ~ .2:! - . - lI'l u_ l. C. cE ~ "000. ~$ c = ~ = ~ ~ ~ Q l") > o Z l") - f"ol - - - Q - 0'1 QC t- ell C 'j;; ~ .t:j ~ c:I: = c o 0 U:::: - ~ ~ = ~ 'E c o U E Co = = ~ I - ~ 00 Q ~ ~ .2:! - . - lI'l u_ l. C. cE ~ "O~ ~ .- c= ~ = ~ ~ ~ E ~ Co= = = '?~ \CI I ..". QC N"" _ H'l - 00 N QQ ~~ CC e e UU E E E Co CoCo === "'l== ~r:.r:. I I I =N"" I.Q Q N N ~ N\C\C QQQ ~:!?:!2 CCC e e e UUU Q f"ol 0'1 .... t- - c o c'~ ~ c = l. = = ~ 0'';: ~ Uc= o U lrl - ..,. - E E E c.c.c. === === r=.:~r:.: I I I lrl ;;; ::l ~ f"ol 000000 QQQ ~~~ c c C e e e UUU t- f"ol l") c ~ ~ I.Q f"ol f"ol C ~ ~ - c eo: ~ ..,. f"ol - l") l") f"ol Q l") f"ol f"ol 00. ~ - ;> ~~ 0'I...;l;;;J f"ol..JQ < Z - ~ - f"ol QC f"ol l/j 0') I: .~ cu Q) ~ I: o .. cu )( cu l- I: ~ - ~ a- I- a- .E l/j ~ ~ 0:: I:"E e:- o ("1')'- l/j .- >, ~ -Q)ctlO') cu ..c: ...... ~ ~ -..... I:e:l/je:( .- 0 Q) - e:~ I:e:-o.o o 0 Q) C,) .- > ~ ->- ..... ctl I: ~:::l-~ I: e: CI) cu .- ...... 0 - C,) _e:Q) .~ R ..c: Q) _....._~ 'r:..c: e: - .-:!: 0 0 0;: - _O)Q) I-....e: en Q) 'C ~ ..octl'C oEQ)l/j ~ Q) ..c: ._ Q) U e: I: :2:Q)00 o :;:; ._ a-e:ctl1a 0._ >< C,) ~ >,19 li: - ctl .- I:-oe:'t: ~ CI) .- Q) 0:5:5C,) u..c::::lQ) Q)I-':=- ~_Q)cu _CI)..c:'C ~"""-O') _Q)-ol: .- ..c: - ._ 3:-0a- e: ..c: cu - 0 Q) U 0 ~ = 0)- -e: - I: . - -oQ) C,) 0.... .- ctl .... a- C,) Q) '5 Ci) _..c: 0"'- 0e:Q)0 1:0....- 1::;:; Q) 0 CUctl....O C,)><ctl~ l/j19(1)C,) Q)e:~en ..,.- ~ cu ..c: - . 'C _ .!Q >, :::l ..... ctl 0').........-0 I: - 0) CI) .- CI) e: Q) a- :!: .- e: cu -0 >< -0 Q) _ ctl Q) ~o- ..c:-S I: o'~ O_U-o .- Q) e: --oo..N ctl Q) CI) ~.... Q) 1:'- 0 ._ :::l .... ..c: - 0"_ - I: Q) Q) e: o .... E 0 C,) CI) .- Q) e: 'C >'..c: 0 1:-1-:;:; cu e: ctl :::l :::l - 0 ....: e: CU U Q)'_ ;EQ)..oc: I:..c: E 0 .- I- Q) U '0 . U..c: .- l/j Q):!: ~~D;: .~ CU e: ....- o 'C 0- >,Q) - 0') ctl ..0 o I: E o .~ ~ Q) . ~ CU Q) US C,)Q):::lQ)..... en~l-o..... . It) ..... a- Q) ..0 E Q) - c.. Q) en .. I: ~ l/j Q) E C,) Q) ~ - - o Q) l/j ~ Q) ~ - a- .E 'C Q) > a- Q) l/j Q) a- Q) a- CU a- Q) .0 E Q) C,) Q) o I: l/j ~ CU 'C I: o :2: 'C I: o C,) Q) l/j 'C I: CU - l/j a- li: Q) ~ I- . Q)..c: ..c:U - .- ..c: o ;: l- e: 0) e: 'C ctl Q) ..c: ctl -0 o ..c: o - '0 -g(f.) - .... ~ 0 o lIi -0 .~ I- ~(f.) ~e u- .- Q) ~~ 3: - I:Z' .- e: o 5 enu a- Q) O..c: -- l/j- o 0 I- CI) en2 o~ . a-.....~ -e:- Q)olt) :2: '- ..... - a- _ ctl Q) ~~.o I: :;:; E ~ e: Q) 00_ uuc.. Q) Q) Q) ~:5en - ..c: ~ __.0 O'~ ~ l/j-c ~.2 ~ CU to: 0 'Cgu iiiuQ) .- -~ -0_ 'r: e: 0 .- -0- Q)-Q) ~:::l~ -,g'C ~CI)l/j - CI)'- .~ Q) I: - 0 _ ctl._ u-o_ .- CU l;: 0) C,) S.~ !E uctl't: -Q)Q) o..c: C,) I: e: Q) 1:0- CU:;:; CU C,)ctl'C l/j~0') Q) :;:; I: - e:'~ cuocu 'CuQ) 0') >, ~ I: :!: ~ .~ U ~ CU -U Q) Q) ~:Q CU~-g .- 0_ ~ 0.. ctl I: _ U .- e: 0 Z'2-; U'- >< .- Q):!: -0 Q) .... :::l 0" Q) .... - o e: Q) .... ctl CI) CI) Q) .... o o o Lt) - o e: o :;:; ctl :::l 0.. o 0.. ctl ..c: - .~ CI) Q) ;e U . . e: ctl .Q- -;0 ~O) ._ e: -.- e:-o 0- U,g .Q) O)..c: e:- . C ;: ctl 0 Q)- ..c:(tj ctl.!Q ~-o .~ 32 Q) :::l ..c: 0 -: ;: 2("1') -ro...... - .... CI) Q) >'..0 ctl E -0 Q) CI) U CI) Q) ~D ~ Q) ..o~ -.::t ctl ...... CI) e:0)' ctl .~ ~ ..c::;..... -"'Q) Q) ..c:Q) -0.. .... 0_ E E .~ 0 O:!:U e: E .!Q "5Q):!: ..00:;: - - e: ~~:::l ctl Q) e: -o..c::::l 1-.... CI) 0 CI) _ Q) . Q) e:O 'en N ~ :::l......c: ..oQ) Lt)..o-o _E5 CI) Q) :> ctl U :> Q)Q)O) ::oe: ctl e:'c Q) ctl ctl ..o..c:Q) __..c: CI) .... ctl :::l Q)'_ E-;:g CI) - .- 232~ ~~I- 0)Q)c, .~ ..0 e: .... .- ctl _ (ij Q) 0 Q) ..c:2..c: e: ctl e: .Q U 0 - .- ctlCl)-; :::l O):::l .~ e: e: c'c :.;:; o ctl e: UQ)o ..c:u . >, ctl -0 e: :::l (f.) e: o 32 Q) ..c: Q) ..0 CI) CI) Q) e: CI) :::l ..0 co e: ctl ..c: - Q) .... o E .... o e: CI) >, ctl -0 CI) CI) Q) e: CI) :::l ..0 N e: ctl ..c: - - o e: >, ctl E CI) 0) e: 'C ctl Q) I CI) CI) Q) >, ctl -0 .... :::l - ctl (f.) e: ctl ..c: - .... Q) ..c: '0 >, ctl -0 ctl e: o -0 Q) ..c: Q) .... ctl >, Q) ..c: - ~ - o e: Q) U :;:; o e: ctl ..c: .!Q ..0 :::l 0.. - CI) :::l E -- o o Lt) N V e: o :;:; ~ :::l 0.. o 0.. ..c: - .~ CI) Q) :;:; '0 - 0) o..e: Q) 'C U ctl >< Q) ~..c: CI) Q) - ..c: u- 'C 0 ~:: o 0 'C 0) 0.. .~ CI) >< >, ctl ctl 1--0 E 0.. o o Lt) .... Q) ~ ctl -0 Q) ..c: Q) ..0 - CI) :::l E CI) 0) e: 'C ctl Q) I . . - CI) :::l E 0) e: 'C ctl Q) ..c: e: o :;:; 0.. o -0 ctl >, > ~ Q) ..c: - - o Q) U ctl 0.. -0 e: ctl Q) E :;:; Q) ..... ctl -0 Q) ..c: I- 0) e: 'C ctl Q) ..c: ctl :e e: Q) ..c: - o - - e: Q) :::l 0" Q) CI) ..0 :::l CI) Q) - ctl -0 ctl _0) ctl e: -0 . C Q) ctl -Q) o....c: 0- -0 .~ ctl:!: Q).~ ..oQ) iii:5 :::l..... E ctl >,-0 > Q) ~g :::l ctl 0 e: e: '+=e: Q) ctl ..c:Q) 1-..0 . l' f ) MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer 7'x ex. DATE: August 28,2008 SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll, and Calling for the Hearing for: 2008 Sidewalk Rehabilitation Project (Project No. 2008-05) DISCUSSION: In order for the above project to be certified to the County this year, the assessment roll needs to be prepared and a hearing needs to be held. It is anticipated that the hearing will be held on October 7. The total project costs are estimated to be $54,577.16, including $5,000 budgeted for sidewalk improvements adjacent to City properties. The cost for the sidewalk rehabilitation adjacent to private property is projected to fall just within budget at a cost of $49,577.16. It is proposed that the preliminary assessment rate of$5.30 per square foot be sustained. This would result in $24,701.18 being paid from special assessments and $24,875.98 being paid from City funds. RECOMMENDATION: Staff recommends that Council authorize the preparation of the assessment roll and call for a hearing on the above project. ACTION REQUIRED: If Council concurs with the recommendation, Council should pass a motion adopting the following resolutions: 1. RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2008 SIDEWALK REHABILITATION PROJECT (PROJECT NO. 2008-05). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2008 SIDEWALK REHABILITATION PROJECT (PROJECT NO. 2008-05). . MUNIo"PALITY: STILLWATER, MINNESOTA PROJECT NO.: 2008-05 L.I. NO. 380 ACCOUNT NUMBER EXPENDITURES: Construction Costs En ineerin De artment (Excludin Assessment Roll Pre aration) Preliminary Studies Feasibility Plans & S ecifications Contract Administration Field Administration Other Costs Postage Printing & Publishing Other Professionals Misc. Water Board Costs Amount to be paid from City sidewalk budget Amount to be Received from Special Assessments Amount to be Received from General Taxes Actual Costs to Date $0.00 $11,688.72 $125.00 $30.24 $133.25 2008 Sidewalk Rehabilitation Project PROJECT NAME \. l \ Estimated Completion Costs $37,011.75 $3,000.00 $125.00 $3000 $100.00 $250.00 $1,860.00 $223.20 Total Costs $37,011.75 $0.00 $0.00 $0.00 $0.00 $11,688.72 $0.00 $3,000.00 $0.00 $0.00 $0.00 $250.00 $0.00 $0.00 $0.00 $0.00 $60.24 $233.25 $0.00 $0.00 $0.00 $0.00 $250.00 $1,860.00 $0.00 $223.20 $0.00 $0.00 $54,577.16 $5,000.00 $24,701.18 $24,875.98 r f RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREP ARA TION OF PROPOSED ASSESSMENT FOR 2008 SIDEWALK REHABILITATION PROJECT (PROJECT NO. 2008-05) WHEREAS, a contract has been let and costs have been determined for the rehabilitation of existing sidewalks and the contract (bid) price for such improvement is $37,011.75 and the expenses incurred or to be incurred in the making of such improvement amount to $17,565.41 so that the total cost of the improvement will be $54,577.16 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $29,875.98 and the portion of the cost to be assessed against benefited property owners is declared to be $24,701.18. 2. Assessments shall be payable in equal annual installments extending over a period of ten (l0) years, the first of the installments to be payable on or before the first Monday in January 2009, and shall bear interest at the rate of five and one-half (5Yz) percent per annum from the date ofthe adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the council this 2nd day of September 2008. Ken Harycki, Mayor ATTEST: Diane F . Ward, City Clerk ~. . RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2008 SIDEWALK REHABILITATION PROJECT (PROJECT 2008-05) WHEREAS, by a resolution passed by the Council on September 2nd, 2008, the city clerk was directed to prepare a proposed assessment of the cost for the 2008 Sidewalk Rehabilitation. The following is the area proposed to be assessed. 1022ND ST N, 1124 2ND ST N, 1206 2ND ST N, 1310 2ND ST N, 1302 2ND ST N, 301 2ND ST S, 308 3RD ST N, 415 3RD ST N, 402 4TH ST N, 420 4TH ST N, 626 4TH ST N, 703 4TH ST N, 709 4TH ST N, 713 4TH ST N ,1121 4TH ST N, 108 5TH ST S, 222 CHERRY ST W, 1306 COTTAGE DR, 451 EVERETT ST N, 515 EVERETT ST N, 810 EVERETT ST N, 106 GREELEY ST N, 117 GREELEY ST N, 122 GREELEY ST S, 233 HARRIET ST N, 102 HARRIET ST S, 302 HICKORY ST W, 406 HICKORY ST W, 422 HICKORY ST W, 615 HICKORY ST W, 221 LAUREL ST W, 115 LINDEN ST E, 120 LINDEN ST W, 704 LINDEN ST W, 702 MARTHA ST N, 221 MAIN ST N, 270 MAIN STN, 350 MAIN STN, 402 MAIN STN, 101 MAIN ST S, 319 MAIN ST S, 326 MAIN ST S, 423 MAIN ST S, 315 MAPLE ST W, 238 MARTHA ST N, 406 MULBERRY ST W, 422 MULBERRY ST W, 507 MULBERRY ST W, 413 NELSON ST E, 2500 ORLEANS ST, 107 OWENS ST N, 119 OWENS ST N, 416 OWENS ST N, 813 OWENS ST N, 905 OWENS ST N, 917 OWENS ST N, 918 OWENS ST N, 927 OWENS ST N, 1001 OWENS ST N, 1119 OWENS ST N, 409 WILKINS ST W, 505 WILKINS ST W, AND WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MN: 1. A hearing shall be held on the 7th day of October, 2008 in the city hall at 7 :00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged ifthe entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 2nd day of September 2008. ATTEST: Ken Harycki, Mayor Diane F. Ward, City Clerk f MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer rfi. 'X DATE: August 28, 2008 SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for: 2008 Street lmprovement Project (project 2008-02) DISCUSSION: The contractor is working towards a substantial completion date of September 14th. Locust Street and Oak Street between 4th Street and 5th Street were removed from the project due to bid prices coming in above the engineer's estimate for the project. The rehabilitation of the brick sanitary manhole has been removed the project. Acceptable subgrade soils have been encountered throughout most of the project, with soil correction required only in isolated areas. Some cost savings will be achieved by hydroseeding rather than placing sod. As a result of these factors, it appears that the project will be constructed within the budget. The projected cost breakdown for the project is as follows: Total Project: Water Board Cost: TIF Cost (Cub lot): Remaining Cost: $1,580,662.53 $65,158.50 $73,607.40 $1,441,286.51 Special Assessment: General Fund: $720,371.52 $721,525.11 It is recommended that the preliminary assessments be sustained. In order for the above project to be certified to the County this year, the assessment roll needs to be prepared and a hearing needs to be held. It is anticipated that the hearing will be held on October 7,2008. '\ RECOMMENDATION Staff recommends that Council authorize the preparation of the assessment roll and call for a hearing on the project. ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR 2008 STREET IMPROVEMENT PROJECT (PROJECT 2008-02). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2008 STREET IMPROVEMENT PROJECT (PROJECT 2008-02). t RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREP ARA TION OF PROPOSED ASSESSMENTS FOR 2008 STREET IMPROVEMENT PROJECT (PROJECT NO. 2008-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and the contract (bid) price for such improvement is $1,290,240.75 and the expenses incurred or to be incurred in the making of such improvement amount to $290,421.78 so that the total cost of the improvement will be $1,580,662.53. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $721,525.11 and portion to be paid by Water Board is declared to be $65,158.50 and portion to be paid using TIF is declared to be $73,607.40 and the portion of the cost to be assessed against benefited property owners is declared to be $720,371.52. 2. Assessments for the street improvement shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2009, and shall bear interest at the rate of five and a half percent (5~%) per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the council this 2nd day of September 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2008 STREET IMPROVEMENT PROJECT (PROJECT 2008-02) WHEREAS, by a resolution passed by the Council on September 2nd, 2008, the city clerk was directed to prepare a proposed assessment of the cost for the 2008 Street Improvement Project. The following is the area proposed to be assessed. Chestnut Street from 4th Street to 5th Street, Olive Street from 3rd Street to Holcombe Street, Oak: Street from 3rd Street to 4th Street, Willard Street from 3rd Street to Holcombe Street, 4th Street from Willard Street to Oak Street and from Chestnut Street to Olive Street, 5th Street from Willard Street to Chestnut Street, 6th Street from Willard Street to Pine Street and from Olive Street to Myrtle Street, and Orwell Court (North of Highway 96 and South of County 11). WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOT A: 1. A hearing shall be held on the ih day of October, 2008 in the city hall at 7 :00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 ofthe succeeding year. Adopted by the City Council this 2nd day of September 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MUNICIPALITY: STILLWATER, MINNESOTA PROJECT NO.: 2008-02 L.I. NO. 379 ACCOUNT NUMBER EXPENDITURES: Construction Costs En ineerin De artment (Excluding Assessment Roll Pre aration) Preliminary Studies Feasibility Plans & S ecifications Contract Administration Field Administration Other Costs Postage Printing & Publishing Other Professionals (soil testing) Misc. Water Board Costs Amount to be Received from Special Assessments Amount to be Received from General Taxes Amount to be Received from Water Board Amount to be Received from TIF funds (Cub lot) Total Actual Costs to Date $227,193.65 $156,112.64 $60,826.02 $1,062.50 $291.85 $448.67 $3,295.90 $1,701.20 2008 Street Improvement Project PROJECT NAME Estimated Completion Costs $1,063,047.10 $50,000.00 $250.00 $60.00 $100.00 $600.00 $500.00 $3,660.00 $6,513.00 $5,000.00 Total Costs $1,290,240.75 $0.00 $0.00 $0.00 $0.00 $0.00 $156,112.64 $0.00 $110,826.02 $0.00 $0.00 $0.00 $1,312.50 $0.00 $0.00 $0.00 $0.00 $351.85 $548.67 $3,895.90 $1,701.20 $0.00 $0.00 $500.00 $3,660.00 $0.00 $6,513.00 $0.00 $5,000.00 $1,580,662.53 $720,371.52 $721,525.11 $65,158.50 $73,607.40 $1,580,662.53 /' 1. 9:00 2. 9:00 3. 4. 9:10 9:10 5. 6. 9:20 9:30 7. 8. 9:50 9. 10:10 10. 10:25 Washington ,- -;;County :: -I?"" BOARD AGENDA Dennis C. Hegberg, Chair District 1 Bill Pulkrabek District 2 SEPTEMBER 2, 2008 - 9:00 A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue thbis 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 mustJill out a comment card before the mee#iJegins and give it to the County Board secretaryor 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 Jive minutes. The Boardl61r reserves the right to limit an individuals presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevantan issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentatio/"lJl Dccommodate the scheduled agenda items. Consent Calendar Community Corrections - Tom Adkins, Director 30 Years of Community Corrections in Washington County General Administration - Jim Schug, County Administrator 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 matters of interest and information, or raise questions to the staff. This cIi:on 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 Executive Session - Public Works Discuss Proposed Settlement Options of Compensation for Pontius Parcel for Parks Trail System Adjourn Budget Hearings Sheriff Community Corrections County Attorney Court Administration * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: THE BOARD MEETING ON SEPTEMBER 9, 2008 WILL START AT 5:00 P.M. NO BOARD MEETING ON SEPTEMBER 30, 2008 - 5TH TUESDAY Date September 3 September 4 September 9 MEETING NOTICES Committee Metro EST Executive Committee Metro Energy Policy Coalition Budget Open House Time Location 10:30 a.m. 12:00 p.m. 4:30 p.m. 2099 University Avenue West- St. Paul 135 Charles A venue - St. Paul Washington County Government Center Assistive listening devices are available for use in the County Board Room . . .. EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER '" WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 2, 2008 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Human Resources A. Approval to revise Personnel Rules and Regulations Section 19, Reimbursement of Travel and Related Expenses, and Human Resources Policy #5032 Meal, Mileage, and Other Authorized Expense Reimbursement. Public Health B. Approval to enter into agreement with Minnesota Department of Public Safety, Division of Homeland and Emergency Management, to receive funding through the Emergency Management Performance Grant Program (EMPG). C. Authorization to enter into an agreement with Maren Marks, an independent contracted wellness program staff, for on-site county employee wellness activities for an annual fee of $1 per agreed upon space within the Government Center and the South Service Center in Cottage Grove. Public Works D. Approval of resolution, contract award to McPhillips Bros. Roofing to replace a portion of the roof at the north Public Works building. Sheriff E. Approval of resolution authorizing a grant agreement between the Sheriff s Office and the State of MN for the Safe and Sober with Communities and the Safe and Sober Impaired Driving with Communities projects. * Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. *************************************************************************** Date June 23 June 24 June 25 June 25 June 26 Committee Library Board Personnel Committee Meeting Metro Mosquito Control Commission Regional Solid Waste Management Red Rock Corridor Commission MEETING NOTICES Time 6:30 p.m. 12:15 p.m. 9:00 a.m. 10:30 a.m. 3:30 p.m. Location 19955 Forest Road North, Forest Lake Washington County Government Center 2099 University Avenue West- St. Paul 2099 University Avenue West - St. Paul 7516 80th Street South - Cottage Grove