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Home My WebLink About2009-05-05 CC Packet AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street May 5, 2009 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CONSENT AGENDA* 1. Resolution 2 0 2. Possible rov 3. Resolu 4. Pos. 3. City Clerk 5. ance Director udget Dates . City Administrator CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Chamber Update - Jennifer Severson 2. Possible approval of Special Event - Chamber's Vintage Car Show STAFF REPORTS 1. Police Chief 2. Fire Chief 4. Community Dev. Director 7:00 P.M. AGEN A CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible approval of April 21 ular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIO OPEN FORUM The Open Forum is a portion of the meeting agenda. The Coun . staff regarding investigation of limit your comments to 5 m to address Council on subjects which are not a part of reply at the time of the statement or may give direction to ssed. Out of respect for others in attendance, please yment of bills on the Deck special event - Freight House ,app val of contract for Stillwater's Farmers Market application to sell fireworks - Target - ut of respect for others in attendance, please limit your comments to 10 minutes UNFINIS BUSINESS 1. Possible approval of lease agreement renewal- Max Todo Marine Services (Resolution-Roll Call) 2. Housing Ordinance Information NEW BUSINESS 1. Discussion on Special Event - Liquid Twelve Events - Beer Sampling 2. Request from Vern Stefan for a construction staging area north of Mulberry, east of the Desch Building parking lot 3. Request to reconstruct garage within the Hazel Street right-of-way 4. Possible approval to advertise for annual seal coating project (Resolution - Roll Call) 5. Possible accepting bids and awarding contract for 2009 Street Improvement Project (Resolution - Roll Call) 6. Possible appointment to Downtown Parking Commission (Resolution - Roll Call) 7. Follow-up on request for downtown screening (available Tuesday) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS * All items listed under the consent agenda are considered tq be routine enacted by one motion. There will be no separate discussion on th citizen so requests, in which event, the items will be removed fro separately. and will be ouncil Member or nda and considered STAFF REPORTS (continued) ADJOURNMENT Page 2 of 2 . .. . Greater Stillwater Chamb'er of Commerce Stillwater City Council Tuesday, May 5, 2009 It Chamber Overview o Stillwater, Bayport, lake Elmo & Oak Park Heights 0436 Members, 107 New in 2008 o 12-Member Board of Directors o 2 Full-Time Staff/2 Part-Time Staff . Jenn Severson, Executive Director . Julie Hanson, Office Manager . Dolly Parker, Membership Director . Jill Roth, Program Coordinator It Chamber Overview (continued) o www.i1ovestillwater.com o Nearly 250,000 unique visits annually o Business Directory .1,744,257 Members Displayed/Search .139,657 Member Details Displayed . 60,217 Click to Member Wef:! Site o Event Calendar . 80,694 Event Searches 1 · Chamber Overview (continued) o Personal Inquiries - 8,000+ Annually . Phone . E-mail . Walk-lnNisitor Center Chamber Office Hours 106 Main Street South 9 a.m. to 4 p.m., Monday-Friday It 2009 Initiatives o Local Marketing o Business Advocacy o Economic Development Leadership Forum Tuesday, May 26, 7:30-9 a.m. It Local Marketing o Task Force . Sheryl Marshall, Marshall Consulting . Glen Hill, MN Food Association . Looking for Interested Businesses o Create a plan that provides new and innovative methods for business-to- consumer, and business-to-business communication within the Chamber's primary service area, . 2 It Business Advocacy o Committee . Diane Iten, Iten Auto Brokers . Scott Zahren, AlescVHope House . Looking for Interested Businesses o Build awareness and educate members re9arding business-related issues at all levels of government It Economic Development o Committee . Paul Jennings, Jennings State Bank . Dean Johnston, Lake Elmo Mayor o Support the creation and expansion of business and industry in the Chamber's primary service area. o Determine potential community partners. o Research the creation of an economic development authority. · Current Projects o East Metro Transportation Alliance o Downtown Beautification . Planters - Thursday, May 14 . "Green Thumb" Program, Area-Wide 3 · Current Projects (continued) o Events . Rivertown Art Festival - Mai 16 & 17 . Stillwater Marathon - May 24 . Cruisin' the Croix Car Show - June 3-Aug 26 . Summer Tuesdays - July 7-Aug 18 . Sign up for e-mail newsletter . Fall Colors Fine Art Festival - Oct. 3 & 4 . Giant Pumpkin Weigh-Off - Oct 10 It Questions? Jennifer Severson Executive Director Greater Stillwater Chamber of Commerce 106 Main Street South Stillwater, MN 55082 651-439-4001 director@ilovestillwater.com www.ilovestillwater.com 4 .. '" .. , Memo DATE: April 16, 2009 TO: Mayor and City Council Sharon Harriso~ Finance Director~ FROM: RE: 2010 Budget Calendar BACKGROUND Attached is a copy of the proposed calendar for the 2010 budget process. Basically, Staffwill be working on the proposed budget during the months of May through the first part July. Because a proposed budget and a proposed levy are due to the County Auditor by September 15, 2009 for the 2010 Budget, staff would like Council to consider some dates for the budget workshop meetings and adoption of the 2010 proposed budget and the proposed tax levy. Bud2et WorkshoD: There are a few options for meeting dates for budget workshop sessions and they are as follows: July 14,2009 4:30 - to be determined July 28, 2009 4:30 - 6:00 pm (this night may be used to replace the regularly scheduled meeting on August 4, 2009-National Night Out) August 11,2009 4:30 - to be determined August 18,2009 4:30 - 6:00 pm (this night is a regularly scheduled meeting) August 25,2009 4:30 - to be determined Note: Lumberjack Days is July 22nd - 26th AdoDtion of the ProDosed Bud2et and the ProDosed Levv: Since the proposed budget and the proposed levy need to be to the County auditor no later than September 15, there not many options available for these dates: September 1st - Adoption of the Proposed Budget and the Proposed Tax Levy. . >, . ~ September 8th - Special Meeting (ONLY if necessary). This is a continuation of the September 2nd meeting. (Note: September 7th is a holiday)) ACTION REQUIRED Council needs to pass a motion approving: 1. Dates for 2010 budget workshop meeting dates. 2. Dates for the adoption of the 2010 proposed budget and the 2010 proposed tax levy. . ,.~, ~ i... 2010 BUDGET CALENDAR April 2009 Finance Department begins budget process by preparing projected wages and benefits and insurance costs for the upcoming fiscal budget year. April 21, 2009 The proposed budget calendar, the budget workshop meeting dates, and the date for the adoption of the proposed budget and tax levy are considered and approved by Council. May 8, 2009 Council to set priorities for the 2010 budget May 8, 2009 Budget worksheets are distributed to Department Heads for completion May 29, 2009 Completed budget worksheets are due to the Finance Department. The Finance Department assembles the preliminary budget information. June 15 throuGh June 30, 2009 The City Administrator meets with Department Heads to review budget requests and makes recommendations regarding the budget. July 14, 2009 - Auaust 25, 2009 (dates to be approved on April 21) Council, during a budget workshop session, meets with the City Administrator and Department Heads to review the recommended budget requests. The following is a list of Tuesdays between July 14, 2009 and August 26, 2009: July 14, 2009 4:30 - to be determined July 28, 2009 4:30 - 6:00 pm (this night may be used to replace the regularly scheduled meeting on August 4, 2009-National Night Out) August 11, 2009 4:30 - to be determined August 18, 2009 4:30 - 6:00 pm (this night is a regularly scheduled meeting) August 25, 2009 4:30 - to be determined AUGust 26 - AUGust 28, 2009 The Finance Department makes budget revisions and prepares the final proposed budget for future Council adoption, iI..W"S ~. .. ,.", .J."" ,-.. September 1. 2009 and September 8. 2009 (if needed)-dates to be approved on April 21.2009 Council adopts the proposed budget, the proposed tax levy and sets the Truth-n- Taxation hearing dates, (Note: there are not many date options to choose from as the proposed budget and the proposed levy are due to the County Aud itor by September 15), September 1, 2009 is a regularly scheduled meeting and September 7 is the Labor Day Holiday. Prior to September 15 The proposed budget, the proposed levy and the Truth-n-Taxation hearing dates MUST BE certified to the County Auditor no later than September 15, 2009. November 2009 The County to send out Truth-n-Taxation parcel specific notices (proposed budget). Last week in November 2009 (tentative) Notice of the Truth-n-Taxation public hearing date is published. Date of publication is dependent on the actual hearing dates. December 2009 (dates will be certified in September) Council to hold the Truth-n-Taxation public hearing and a continuation hearing (if needed) in December 2009. A presentation of the proposed budget is made by the City Administrator December 15. 2009 (date is tentative and will be certified in Sel>tember) Council to adopt the final budget and the final tax levy. PRIOR to DECEMBER 30. 2009 The adopted budget and the adopted tax levy MUST BE certified to the County Auditor and the MN Department of Revenue by December 30, 2009. .^ CITY COUNCIL MEETING April 21, 2009 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and 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 Engineer Kraftson City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna, moved approval of the April 7,2009, regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Resolution of Support of Yellow Ribbon Network of Washinoton County City of Stillwater. Minnesota Mayor Harycki read a resolution of City Council support for the Yellow Ribbon Network of Washington County. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009-69, resolution of support of Yellow Ribbon Network of Washington County, City of Stillwater, Minnesota. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None <, City Council Meeting April 21, 2009 OPEN FORUM Mark Lokowich, 1420 N. Fourth St., expressed a concern about Stillwater Country Club golfers parking in front of his house and on his lawn and asked that a sign be placed in front of his property indicating "no parking here to corner." He said a sign indicating "resident parking only" has been ineffective. It was agreed to have Police Chief Gannaway and Public Works Director Sanders look at the situation and come back to the Council with a recommendation. Brent Peterson, 502 W. Churchill St. and executive director of the Washington County Historical Society, told the Council that for the 68th summer the Historical Society would be opening the Warden's House Museum for public tours. He invited the Council and public to a grand pre-opening of the Warden's House and new exhibits on Sunday, April 26. Mike Robinson, 801 W. Pine St., Elephant Walk B&B, spoke of the City's Design Manual as it pertains to the screening of visual blight in the downtown area. He showed some slides of dumpsters and utilities, some of which are located on public property, that are not screened and are visible to the public. He spoke of the negative impact on visitors to the downtown. Mayor Harycki suggested that the Heritage Preservation Commission (HPC) walk through the downtown and look at the issue raised by Mr. Robinson. Councilmember Cook, Council representative to the HPC, stated she shares the concern with the issue of how downtown presents itself to visitors and residents and thought it would be a good start to bring the issue to the HPC to look at possible recourses to improve the situation. Councilmember Gag noted there are already guidelines in place and suggested that the City needs to look at its own property and see what is needed to screen items appropriately according to the guidelines; he also noted this involves an enforcement issue. Councilmember Polehna suggested constructing temporary screening of the portable toilets in the downtown area might be a good Eagle Scout project. Community Development Director Turnblad pointed out the Design Manual includes "guidelines" for screening, and those guidelines are not an ordinance. It was agreed to direct staff to develop a plan for dealing with this issue. James Kleinke, 116 S. Sixth St., spoke of issues relating to rental properties including parking on residential streets, teen drinking, trespassing and partying, and other nuisances. He stated City Code does not have any restrictions on rental properties and that he would be willing to write up some code measures that the Council could review and consider for possible adoption. Mayor Harycki said he would be open to having the Planning Department bring some suggestions to the Council on how to proceed. Police Chief Gannaway spoke of a community policing federal grant the City has applied for that focuses on a crime-free multi-housing ordinance that addresses many of the problems raised in this discussion. City Attorney Magnuson pointed out the City adopted a comprehensive housing code in the 1950s which included specifications for rental properties, standards for construction and livability, etc; and that section of the code was later eliminated because it was not being enforced. Mayor Harycki suggested some of the issues raised apply to the City as a whole, all residential properties, not just rental Page 2 of 9 City Council Meeting April 21,2009 properties, Councilmember Polehna suggested contacting Winona or another college town to see what they do to control the behavior of tenants. It was agreed to direct staff to make recommendations on how to move forward in addressing this issue. STAFF REPORTS Fire Chief Glaser reminded the public that burning restrictions are in place and will remain in place until lifted by the DNR. City Clerk Ward told the Council two applications had been received for the Traffic Committee and information soliciting applicants for the special events task force has been posted on the web site and sent to the local newspapers; deadline for applications is April 30, 2009. Community Development Director Turnblad provided an update on the parking ramp project. He said construction is on schedule, but a problem has been encountered due to the instability of the south-facing face of the bluff behind Rivertown Commons which has necessitated a redesign of the northwest corner of the ramp. He reviewed the design changes which will result in the overall loss of three parking spaces and will likely be about a wash as far as cost. Councilmember Roush asked about the status of a request for a parking permit/fee waiver from Rivertown Commons residents; Mr. Turnblad stated that issue was on the agenda of the next meeting of the Downtown Parking Commission. Councilmember Polehna said he would like staff to work with Library Director Bertalmio to see what the City can do to help alleviate problems with wedding photos caused by the construction equipment. Public Works Director Sanders told the Council that someone has volunteered to do the water quality sampling at Lily Lake, which will save the City about $1,000. Mr. Sanders stated that Middle St. Croix Water Management Organization (WMO) has approved some cost sharing for the testing of the wetlands by Lake McKusick and the former City dump, which will result in about a $300 savings for that testing. As discussed previously by the Council, he discussed the possibility of dissolving the Middle St. Croix WMO and combining that entity with the Brown's Creek Watershed District with several of the WMO board members and found those board members were not receptive to that possibility. It was noted the WMO is a joint powers agreement and would require a three-fourths vote from the member communities to dissolve the organization. Finance Director Harrison referred to the 2010 budget calendar in the agenda packet and asked the Council to consider dates for budget workshops in July and August. It was decided to firm up the dates after consulting the Council's work plan. Mayor Harycki noted that staff is to bring back recommendations regarding both rental properties and residential properties and nuisance issues as well as downtown trash Page 3 of 9 City Council Meeting April 21, 2009 enclosures and asked that the annual work plan be attached to the agenda packets or left at the Council's work stations to be lU)dated. CONSENT AGENDA Mayor Harycki asked about a bill related to the unpaid balance on a forfeiture vehicle. Chief Gannaway said this was a shared forfeiture and the value of the vehicle was worth paying the balance; the vehicle was subsequently sold at auction and the City realized a bit more than the unpaid balance, according to the Chief and Finance Director Harrison. Councilmember Cook asked about a billing for Mobile Vision; City Administrator Hansen explained this was two billings, one for the annual maintenance agreement and another for an equipment purchase. Councilmember Cook also asked about the billing for the Veterans Memorial parking lot maintenance; City Administrator Hansen explained the arrangement for the parking lot maintenance, and it was noted the billing actually amounts to pass-through funds. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 1. Resolution 2009-67, directing payment of bills 2. Resolution 2009-68, resolution authorizing execution of agreement for Safe & Sober 3. Possible approval of utility bill adjustment 4. Resolution 2009-70, approval of St. Croix Valley Fire Service Agreement PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes or less. No Public Hearings UNFINISHED BUSINESS Possible approval of amendment to Stillwater Marathon Contract City Attorney Magnuson explained that the organizers of the Stillwater Marathon would like to be able to serve a complimentary beer to participants after the race, a practice that is traditional in these marathons. He said the contract as written prohibits the sale, use or serving of alcohol. So in order to accommodate the requested amenity for the race participants, the contract would have to be amended slightly. Marathon organizer David Eckberg was present. Mr. Eckberg stated participants will be issued tickets that will allow participants to visit downtown establishments and have a beverage with their families; the request is specifically to be able to offer a beverage on the runners' side of the barrier, for runners only. Mr. Eckberg explained this is a fairly traditional practice, and security would be on hand to make sure runners do not leave the park with any Page 4 of 9 City Council Meeting April 21, 2009 beverage. Mr. Eckberg said he doesn't anticipate that much beer will be distributed, but they would like to be good hosts. Police Chief Gannaway said as long as the area is fenced in and the beer distribution is limited in scope, he would be OK with it. Fire Chief Glaser said the potential presence of vendors brings up other issues that have not been discussed up to this point. Councilmember Roush brought up the issue of enforcement and the potential for serving under age marathon participants. Councilmember Gag stated that while he is a big supporter of the marathon, he would rather see how the first year works before making any changes. It was consensus to stay with the plan to issue tickets to local establishments and not make any changes for this year. After discussion, Mr. Eckberg withdrew his request. Zonina restrictions based on heiaht of structures City Attorney Magnuson said after discussion at the previous Council meeting, he believes it would be permissible to provide that the conditional use permit request for any structure over 50' in height, no matter what type of structure, be heard by the City Council rather than the Planning Commission. However, Mr. Magnuson spoke to a possible downside of making such a change - it would eliminate the current "safety valve" of having the City Council serve as an appellant hearing for folks who wish to appeal a decision by the Planning Commission. Councilmember Roush said it was his intention to still have these requests heard first by the Planning Commission with the final decision made by the Council. City Attorney Magnuson said there are several types of cases that are handed that way now, and it would be possible to just add the height items to that list of cases. It was noted that the zoning text amendment related to the radio and television towers scheduled for a second reading does state that the City Council has the final decision-making authority for those special use permits. Councilmember Polehna suggested that Councilmember Roush's concern was with all height variances, not just variances for radio/television towers. To address that concern, Community Development Director Turnblad suggested amending the ordinance to indicate that any variance for a structure over 50' tall requires a conditional use permit that would have to come before the City Council. Members were in support of Mr. Turnblad's suggestion, and it was agreed to bring the issue to the Planning Commission and craft some suggested language for the ordinance amendment. Lobbvist Discussion It was agreed to discuss this issue at the May 8 Council retreat. Discussion on 4-plex issue City Attorney Magnuson stated it has been decided that the safest way to proceed with dealing with the property in question is to request an order from the District Court; that has been done, with the hearing set for May 1. He said he would keep the Council updated on the situation. Page 5 of 9 City Council Meeting April 21, 2009 Possible second readino of Ordinance 1007. an ordinance amendino the City Code bv chanoino &31-010. entitled "Definitions" and bv chanoino &31-512. entitled "Reoulation of Radio and Television Towers" Community Development Director Turnblad stated the ordin~nce language was crafted to address Councilmember Roush's previous concern and provides the Council with final approval of the use permits for any towers. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Ordinance 1007, an ordinance amending the City Code by changing ~31-010, entitled "Definitions" and by changing ~31-512, entitled "Regulation of Radio and Television Towers". Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Staples Field - Basketball Court Discussion Mayor Harycki stated he and Councilmember Cook had received calls from residents near Staples Field asking for a resolution to the issue of the abandoned basketball court, and that a number of residents have suggested permanently removing the posts for the nets, as well as the blacktop from the court area. Mayor Harycki noted that the City had donated money to the Stonebridge Elementary School playground improvements, and access to the basketball courts there, to offset the closure of the Staples Field court. Councilmember Cook stated that the calls she has received have been from residents expressing concern about the possible reopening of the basketball courts, but that she didn't have the history of the issue; she also noted a survey of residents had been conducted. Councilmember Gag agreed that it would be good to have the history of the issue before making a final decision, as well as the possible cost associated with removing the court surface. Councilmember Polehna pointed out that park planners recommend against have basketball courts located in residents' backyards, as is the case with the Staples Field courts, but that he would be against removing the blacktop until the Parks Board has had an opportunity to look at alternative uses for the court area. It was consensus to eliminate the basketball use and send the issue back to the Park Board for recommendations on alternative uses, with the understanding that the Park Board would solicit resident input on the re-use. NEW BUSINESS Possible authorization of 2009 Sidewalk Improvement Feasibility Report Assistant City Engineer Kraftson explained the request is to prepare a feasibility report for the sidewalk improvement project. He said $50,000 has been budgeted for the sidewalk project. Councilmember Roush asked that the front steps at City Hall be considered for inclusion in the project; Mr. Kraftson noted tha,t there is a small amount of money, $5,000, budgeted for replacement of sidewalks adjacent to City property and that it would be looked at. Mayor Harycki wondered whether the City might be nearing Page 6 of 9 City Council Meeting April 21,2009 the end of the need for larger sidewalk replacement projects and whether the budget for sidewalks might be put into the street improvements in the future. Public Works Director Sanders suggested a City-wide analysis ought to be done before making that determination. Mayor Harycki asked about a possible sidewalk on Curve Crest/Northwestern as requested recently by some residents; Public Works Director Sanders stated he had met with three people regarding a requested stop sign. There was discussion about crosswalks/striping to handle the expressed concerns. Councilmember Cook asked that staff be mindful of the impact of assessments and to avoid doubling up on assessments for streets and sidewalk projects if possible; Mr. Kraftson said that is a consideration. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009-71, resolution ordering the preparation of report for the 2009 Sidewalk Rehabilitation Project (Project 2009-05). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible acceptino bids and awardino contract for Myrtle Street Ravine/Curve Crest Pond Proiects Assistant Engineer Kraftson stated bids were opened for the Myrtle Street ravine/Curve Crest pond projects, with the low bid of $206,057 submitted by Miller Excavating; the engineer's estimate for the combined projects was $300,000. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009-72, accepting bid and awarding contract for Myrtle Street Ravine Project (Project 2009- 04). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Presentation of mill and overlay analysis Assistant Engineer Kraftson gave a presentation on the impact of utilizing mill and overlay projects in conjunction with total reconstruction for extending the life of City streets. The report also spoke to the importance of regular pavement maintenance. The presentation included an analysis of state aid streets that would be eligible for mill and overlay projects and those that would be total reconstructions, along with a similar analysis of local, non state aid, streets. The analysis concluded that based on today's dollars, all state aid streets could be reconstructed in the next 22 years if 60 percent of the state aid allotment is dedicated to mill and overlay projects and 40 percent to total reconstructs, while all local streets could be reconstructed in the next 25 years if the street project budget continues to be increased by 10 percent a year until 2013 with 25 percent of the budget dedicated to mill and overlay and 75 percent of the monies to total Page 7 of 9 City Council Meeting April 21, 2009 reconstruction. Mr. Kraftson noted that education will be an important part of rationalizing assessments for mill and overlay projects. Councilmember Roush asked if consideration had been given to concrete; Mr. Kraftson said at this point, the economics would not favor the use of concrete except for certain projects. Possible appointment to Board of Water Commissioners City Clerk Ward stated the Board of Water Commissioners is recommending that James O'Brien be reappointed to the Commission. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-73, appointment to the Board Of Water Commissioners Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of lease aareement renewal- Max Todo Marine Services City Administrator Hansen stated the agreement with Max Todo has worked well in the past. City Attorney Magnuson provided a brief history of the agreement that was prompted by the early termination of the lease with AipJe Towing which resulted in the conveyance of two boats - the Frank E. and the Cayuga-to 'the City. City Attorney Magnuson noted the agreement with Max Todo has the advantage of keeping the two crafts in good repair and providing the City with marine services for necessary wharfage work. Tom Huninghake, president of Max Todo, explained some of the work provided by his company. Councilmember Roush said he would like more time to review the lease, Motion by Councilmember Roush, seconded by Councilmember Cook to table this item until the next meeting. All in favor. COUNCIL REQUEST ITEMS Councilmember Cook said she had met with some downtown merchants who are planning a May Day event May 1-3 and requesting that the enforcement of the parking pay lots be delayed until Monday, May 4. Police Chief Gannaway suggested this issue should go before the Parking Commission. Mayor Harycki noted the Council would not have time to react to any recommendation from the Parking Commission. Councilmember Polehna suggested this request should have been made earlier so the Parking Commission could have reviewed it. Motion by Mayor Harycki, seconded by Councilmember Cook to waive the pay parking the weekend of May 1-3, 2009. All in favor. Councilmember Roush invited the public to go downtown on Saturday, April 25, and attend the festivities planned for the first-ever Community Open House. Page 8 of 9 City Council Meeting April 21,2009 Councilmember Polehna asked for consensus from the Council to have City Administrator Hansen meet with downtown businesses regarding the need for them to do their part in keeping the downtown clean. It was noted that Jennifer Severson, executive director of the Chamber, will be in attendance at the May 5 Council meeting, at which time the Council could discuss the issue with her. ADJOURNMENT Motion by Councilmember Cook, seconded by Councilmember Polehna to adjourn at 9:55 p.m. All in favor. ' Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2009-67, directing payment of bills Resolution 2009-68, resolution authorizing execution of agreement for Safe & Sober Resolution 2009-69, resolution of support of Yellow Ribbon Network of Washington County, City of Stillwater, Minnesota Resolution 2009-70, approval of St. Croix Valley Fire Service Agreement Resolution 2009-71, resolution ordering the preparation of report for the 2009 Sidewalk Rehabilitation Project (Project 2009-05) Resolution 2009-72, accepting bid and awarding contract for Myrtle Street Ravine Project (Project 2009-04) . Resolution 2009-73, appointment to the Board Of Water Commissioners Ordinance 1007, an ordinance amending the City Code by changing 931-010, entitled "Definitions" and by changing 931-512, entitled "Regulation of Radio and Television Towers". Page 9 of 9 .; ,. LIST OF BILLS EXHIBIT II A" TO RESOLUTION #2009-74 Allen Bradley Ancom Technical Center Animal Humane Society Aramark Uniform Services Aspen Mills AT&T BCA/Training & Development Board of Water Commissioners Brock White Co. LLC Campion, Barrow & Associates Carlson Sports Marketing Carquest Auto Parts CCIS-Cross Connection ChloeNoel Skate & Sportswear City of St. Paul Clark, Luann Coca-Cola Bottling Company Cole Papers Comcast Cub Foods Delta Dental Denny Hecker Auto Connection Dustcoating, Inc. Extendo Bed Company, Inc. Fury Dodge Chrysler Governmental Acct. Standards Board GCR Minneapolis Truck Tire Ctr Grafix Shoppe Hansen Steve Hartland Fuel Products, LLC Heritage Printing, Inc, L.T.G.Power Lakeview Hospital Mac Queen Equipment Inc. Magnuson Law Firm Menards Met Council MN/S.C.I.A. NAPA Auto Parts Office Depot OnSite Sanitation OUR Designs, Inc. R & R Specialties, Inc. Reed Business Information Battery Tender & ATV Battery Install New Console in Capt Charger 1st Qtr Vet Fees Uniforms Uniforms Telephone Training Fee April WAC Detack Crafco 5 G 34681 Psych evaluation for Hammond 2' by 10' Lited Cabinet Equipment Repair Supplies Backflow Preventer Annual Test Report Skate Clothes for Resale Asphalt Cleaning City Hall & Public Works Concession Supplies Bath Cleaner Cable Television Bouquets for Resale at Ice Show May 2009 Cobra Vehicle Repair Charges Chloride for Dustcoating Gravel Roads Roll Out Bed for Chief's New Vehicle. Repair/Oil Change and Brakes for 2008 Charger Subscription Renewal Tires Applications for 3-2009 Chargers Tuition Reimbursement Winter Semester Unleaded Hazardous Waste Collection insert for Ne Chainsaw Chains and Bars Legal Blood Draw Title Transfer 2008 Freightliner Professional Services Equipment Repair Supplies April SAC Membership Renewal 2006 Charger rear rotors and brake pads Office Supplies Portable Restroom Rental 2 Embroidered Flag Ice Paint Publication 2009 Street Project 250.81 2,027.90 1,452.56 531.53 97.36 248.61 120.00 7,920.00 285.42 390.00 1,553.00 450.94 120.00 99.70 1,211.01 1,057.50 546.75 243.97 64.18 42.65 313.80 44.90 2,250.00 3,384.00 882.03 195.00 256.67 1,530.00 1,675.00 2,939.00 3,932.94 254,43 40.00 286.57 7,876.83 91.41 17,820.00 50.00 357.50 220.86 210.87 47.85 238.56 169.74 EXHIBIT II A" TO RESOLUTION #2009-74 Riedell Shoes, Inc. Roettger Welding, Inc. Spartan Promotional Group Sprint PCS St. Croix Harley-Davidson Stillwater Equipment Co Stillwater Medical Group Stillwater Motor Company Summit Fire Protection Sun Newspapers T.A. Schifsky & Sons, Inc. Todd McNurlin A/V Tri State Bobcat, Inc, Univ of Minnesota Extension RDU UPS VenTek International, Inc Viking Industrial Center Volunteer Firefighters Benefit Washington County Chiefs of Police Association Watson Company, Inc. The LIBRARY Baker & Taylor Baker & Taylor 2 BWI Budget Lighting Cole Information Services Comcast Random House Roseville Plumbing & Heating Security Response Toshiba MANUALS Environmental Systems Research First State Bank Postmaster Postmaster Washington County Administrator Washington County License Center Xcel Energy Skate for Resale Pipe Poster Boards for Dave Eckberg Cell Phones Vehicle Repair Charges Alco-Sensor Mark IV Digital PBT Pre Employment Drug Testing Vehicle Repair Charges Annual Fire Sprinkler Inspection Human Rights Commission Meeting Date Asphalt and Tack Oil Sound Cabinet Equipment Repair Supplies Stormwater Pond Mgmt & Sediment Excavati Freight to return Parts St. Joseph Equip Ticket Rolls for Parking Lots Safety Equipment Annual membership Membership Concession Supplies Library Materials Library Materials Children's Books Light Bulbs Reference Material Telecommunications Children's Audio Inspection Maintenance Contract Maintenance Contract Maintenance Agreements Arc View Lein Release on Forfeiture Utility Billing Postage Newsletter Right of Entry Fee 3 Titles for 2009 Marked Cars Electricity,Gas Page 2 ". t 609.90 37.28 834.37 26.35 181.97 990.45 71.00 30.52 325.00 76.14 2,729.29 730.50 168.65 50.00 6.97 543.65 170.20 1;234.00 50.00 236.49 1,176.66 148.96 59.38 245.82 343.95 49.90 19.20 238.00 155.67 36.80 2,306.60 484.97 2,364.00 1,168.44 55.00 60.00 18,013.26 -" t EXHIBIT" A" TO RESOLUTION #2009-74 ADDENDUM 3M Ace Hardware Aramark Cole Papers Fastenal Fixmer, Don Ideal Tool & Machine Infratech Interspiro Isaacson, Robynn Menards Qwest SW /SW Service St. Croix Events Stillwater Medical Group Stillwater & OPH CVB Streicher's T.A. Schifsky & Sons, Inc. Verizon Xcel EXHIBIT II A" TO RESOLUTION #2009-74 Adopted by the City Council this 5th Day of May, 2009 Sign Supplies Supplies Mats, Mops, & Uniforms Park Restroom Supplies Shop Supplies Reimburse Amplifier Repair Charges Machining Work for Vactor Equipment Repair Frame Kit for MKII Visor Fire Dept Park Deposit Refund Teddy Bear Park Equipment Repair Supplies Telephone Retirees Insurance,Cobra Margaret Rivers Fund Fireworks Contribution Pre-employment physical lodging Tax Uniforms Asphalt Cell Phones Electricity, Gas Page 3 1,192.80 149.58 177.13 1,007.06 317.44 70.25 930.00 166.14 34.26 100.00 35.04 375.98 43,339.44 5,000.00 290.00 5,215.69 128.81 1,166.82 1,451.15 26,532.49 TOTAL 187,491.27 J illwater Receipt Num ber Check No. Amount Paid: Fee: $100.00 THE IIIt"PLACI IF .'NNEllTA APPLICA TION FOR SALE OF FIREWORKS \Jame of Applicant Home Address rl/~~Er"* 1.$ I Name of Business Business Address rl1~~ET 1/. 'lor I z~z, IIU'~~ET ,pie. Corporate Address (if different than business address) Telephone (Business): (~S/)~39- 0:2 9 2 Home Phone BeginningDate of Sale: 5/1'/0'7 End Date of Sale: 7/7/0' . Location of Display 7"",et.E7 Hours of Operation: g A - I {)p A - ~ 8A - qp Su .T IfIs. ~e ~Tf)ec: REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the City of Stillwater as an additional insured. A diagram of the grounds or facilities (for indoor sales) drawn to S~h dimensions included. ~ Signature of Applicant (or agent) 3. Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: Date: The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: . Signature of Police Chief: Date: ACORDTII CERTIFICATE OF INSURANCE ISSUE DATE J 11/04/2008 PRODUCER This certificate is issued as a matter of information only and confers no rights MCGRIFF, SEIBElS & WILLIAMS, INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the P.O. Box 10265 coverage afforded by the policies below. Birmingham, AL 35202 COMPANIES AFFORDING COVERAGE 205-252-9871 Company Columbia Casualty Insurance Company A INSURED Company James River Insurance Company American Promotional Events, Inc, B dba TNT Fireworks P.O. Box 1318 Company Florence, AL 35631 C Company 0 Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY LT EXPIRATION A GENERAL LIABILITY PCl0223304725 11/0112008 EACH OCCURRENCE $ 1,000,000 IX! Commercial General Liability 11/0112009 FIRE DAMAGE $ 100,000 o Claims Made IX! Occurrence MEDICAL EXPENSE $ EXCLUDED o Owners' and Contractors' Protection IX! $5,000 Deductible Per Occ PERS. AND ADVERTISING INJURY $ 1,000,000 0 GENERAL AGGREGATE $ 2,000,000 General Aggregate Limit applies per: PRODUCTS AND COMPo OPER. AGG. $ 2,000,000 o Policy 0 Project IX! Location AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ o Any Automobile BODILY INJURY (Per oerson) $ o All Owned Automobiles BODILY INJURY (Per accident) $ o Scheduled Automobiles o Hired Automobiles PROPERTY DAMAGE (Per accident) $ o Non-owned Automobiles COMPREHENSIVE 0 COLLISION WORKERS' COMPENSATION WC StatutorY Limit I I Other I I AND EMPLOYERS' LIABILITY El EACH ACCIDENT $ EI DI~FA~F: (Each emolovee) $ EL DISEASE (Policv Limit) $ EXCESS LIABILITY EACH OCCURRENCE $ o Occurrence 0 Claims Made AGGREGATE $ B EXCESS UMBRELLA POLICY 000346920 11/01/2008 Excess of Underlying $5,Million $ 5,000,000 Per Occurrence 11/01/2009 $ $ $ $ The Certificate Holders are named as Additional Insureds with respect to General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. TARGET 0931 CITY OF STILLWATER Authorized Representative . 2021 MARKET DRIVE STillWATER, MN 55082 ~ UJ..-a-oJe USA Page 1 of 1 Certificate 10 # 1C1JYOGE \" . Summary of Proceedings Washington County Board of Commissioners April 28, 2009 ~~, Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none.. Board Chair Peterson presided. Accountine: and Finance Approval to revise Policy #2506, Petty Cash and Change Funds. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Hegberg - reported on a trip that representatives from the Counties Transit Improvement Board made to Washington D.C. to discuss high priority projects; Commissioner Kriesel - he will attend the Yellow Ribbon Network meeting at the Cottage Grove Armory this Friday and noted that the Chair of the Yellow Ribbon Committee is preparing letters to all local government agencies on how they can become Yellow Ribbon Communities; Commissioner Weir - reported that the City of Woodbury passed a resolution supporting the Yellow Ribbon Network; she attended the One County, One Book event at the Central Park in Woodbury; she will be attending the two day AMC Legislative Conference this week in St. Paul; Woodbury will hold their annual recycling day on Saturday at Ojibway Park; and she attended the St. Croix River Basin workshop at the Science Museum and that many State and local officials were in attendance; Commissioner Peterson - reported that the State bonding bill would need $22 to $26 million this biennium to match the Federal stimulus funds for high-speed rail to Chicago; she attended the South Washington and Valley Branch Watershed enlargement hearing last week where misinformation was presented and she has asked a person involved with the Cottage Grove Ravine WMO to write a briefhistory to submit for the record; a high-speed rail press conference was held at the Union Depot in St. Paul and representatives from the Winona Chamber of Commerce and Winona County Commissioners attended as well as representation from the Indian community of Prairie Island; she will be late to the AMC Legislative Conference because she is meeting in Cottage Grove with the Minnesota Pollution Control Agency to discuss 3M's request to take in materials from other states and other companies to burn like products in the Cottage Grove burn facility, which the City of Cottage Grove, as well as herself, objects to. Community Services Workshop held to discuss mental health case management changes. General Administration Approval of the following actions: April 7 and 14, 2009 Board meeting minutes; . Revisions to County Policy #1201, Contract Administration, establish County Policy #1903, Conveyance of County Owned Real or Personal Property, and rescind County Policies #1202 and #1807; Resolution No. 2009-039, application to Legislative-Citizen Commission on Minnesota Resources for grant funds to use as matching funds to acquire interests in property through the Washington County Land and Water Legacy Program; Resolution No. 2009-040, authorization to reimburse the Land and Water Legacy bond fund from various accounts for costs incurred for Land and Water Legacy Program projects; Legislative update presented; Report given on meeting with legislators and Department of Natural Resources officials regarding the Wildlife Management Areas and local ordinances; Board correspondence was received and placed on file. Information Technolol!V Approval of the Microsoft Select Software Licensing Agreement effective March 2009 through March 2012. Propertv Records and Taxpaver Services Adoption of Resolution No. 2009-038, set public hearing related to aggregate resource preservation property tax law, Public Health and Environment Update on actions being taken by the State of Minnesota and Washington County in response to the potential swine flu outbreak. Public Works Approval of the following actions: Budget amendment and use of an additional $500,000 from the County Environmental Charge fund for the Environmental Center project; Works Order No. 17 for the CSAH 13 road construction project contract with CS McCrossan Construction; Amendment No.1 to Minnesota Department of Transportation Contract No. 93611 for Phase I and II investigation of historic structures along CSAH 2 in Forest Lake; Change Order No.3 to contract with St. Paul Linoleum and Carpet Company; Update on projected traffic impacts and review completed, pending and future improvements to roadways in the vicinity of the new East Ridge High School in Woodbury. Sheriff's Office Approval of application for funding on one 911 Public Safety Dispatcher through the Edward Byrne Competitive Grant program for hiring civilian law enforcement. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. " 5/1/2009 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions MAY 12 Metro Parks Foundation - Met Council Chair Peter Bell MAY 19 Public Hearino - Aooregate Resource Preservation Property Tax Law Aoenda - Child Care Providers of the Year Aoenda - Comments on Oak Park Heiohts Tax Increment Finance (TIF) District Joint Meetino with Washinoton County and Ramsev County Commissioners - Noon The Washington County and Ramsey County Board of Commissioners will meet at the Oak Marsh Golf Course at 12:00 p.m. to 3:00 p.m. to discuss issues of mutual interest. JUNE 2 or9 Aoenda - Annual Performance Indicator Report JUNE16 County Board of Appeal & EQualization - Evenina Meetina to be held {Cv. 5:00 ".m. (2 hours) JUNE 23 Aoenda - Review City of Woodbury's ReQuest for Land and Water Leoacv Fundino .. County Board of Appeal & Equalization (if needed) AUGUST 4 Aoenda - Statewide Health Improvement Prooram (45 minutes) FUTURE Workshop - Metropolitan Council's Principal Arterial Study Workshop - Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concerns. Meeting with the City of Newport The County Board will meet with Newport to discuss Red Rock and future park-n- ride/commuter train station in their city. Workshop - Lono Term Transit Investment Framework for the Counties Transit Improvement Board (CTIB) The County Board will review the Long Term Transit Investment Framework that projects the transit projects, both those approved and proposed, that can be financially supported by the transit sales tax revenue stream. BID OPENINGS May 5 Public Works - LEC Automated Water Control System Replacement May 5 Public Works - County Road 71 Cold In-Place Recycle M:\USERS\ADM\PRRADDA \WP\AGENDA\Workshops\Preview.doc .. ,"" . April 23, 2009 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Jim Hiniker, Linda Countryman, Sheila-Marie Untiedt and Matthew Beane, Stillwater Township Clerk Pat Bantli, Deputy Clerk Kathy Schmoeckel, Treasurer Carol Collins, Chief of Police Steve Nelson and Park Manager Rick Jacobson. Parcheta Water Slalom Ski Course Permit Neighbors present: Sonnie & Pete Linde, 10861 Myeron Rd N Mel Voelker, 11045 Myeron Rd N Cort Eckman, 13033 112th St N Mary & Jack Parcheta, 11345 Neal Ave N Robert & Shari Clifford, 11379 Neal Ave N Marilyn Forseth, 11390 Norell Ave N Ron & Gwen Moore, 11423 Neal Ave N Roland Reyers, 11050 Norell Ave N Pete & Ellie Riehle, 11080 Norell Ave N Lois Cutler, 11313 Neal Ave N Judy & Rog Appel, 11277 Neal Ave N Tom Weber, 11464 Norell Ave N Applicant Mary Parcheta is requesting a Water Slalom Ski Course Permit on Loon Lake. Chairperson David Johnson opened the p~blic hearing and reviewed the process. Chief of Police Steve Nelson introduced Sergeant Jerry Cusick; Washington County Sheriff's Department, who reviewed the reason for the publiC hearing. Mary Parcheta explained that their slalom course has. been there for about 25 years. She competes in water skiing nationally and to her knowledge she has never bothered anyone and she has not heard of any complaints. The following comments were made: · Pete Riehle - He has lived on the lake for a number of years and has complained a number of times. Putting up markers puts the skiers in one pattern where they turn right by their house which is a nUisance. Skiers come right up close to the shoreline. It detracts from the appearance of the lake. The lake has become a one use lake. He is concerned about danger for his grandchildren. He would like to see this as a natural environment lake. They stir up lily pads. · Marilyn Forseth - She has lived on the lake since 1978 and used to water ski but never used the slalom course~ The lake Is such that you need to go from one end to the other. She loves to kayak and sometimes does it when skiers are there and she does not feel threatened. It Pete Linde - They have been there since 1969. He is not for or against this. The lake has been stirred around since there have been motors. He is concerned about .. ,.. Stillwater Town Board Mtg. - 4/23/09 Page 2 . them being responsible if anyone gets hurt. The only part of the lake that is not homeowners is a trail. He is against the public coming in. · Rob Cook - They have a boat on 'the lake and do use the slalom course. His son is into weight boarding and without using the course goes end to end. The lake would still be the sa me. · Roland Reyers - They previously did not stay home in the summer and this was not an issue. The boats go back and forth in the same course. Loon Lake is the most impaired lake in the area. When power boats come out, wildlife leave and do not come back. · Lois Cutler - They have a sailboat. Is there a law against using a speed boat on the lake? Sgt. Cusick - No, not on Loon Lake. Cutler - You are going to have boats. She thinks this is fun to watch. · Cort Eckman - He is a 'water skier and used to use the course and would hate to see it go. He enjoys watching Mary. The complaints seem inconsistent. The majority- of neighbors are safety conscious. There is an unwritten law on the lake to try to run one boat at a time. As far as a pollutant, people also have leaf blowers, lawn mowers, chain saws, etc. · Judy Appel - They m6ved here in 1976 and through the years they have all had special interest in the lake. They have been courteous as a neighborhood. That has not changed and she would look forward to that continuing. · George Lindy - He chairs a committee for the American Water Ski Association and they test boats for tournament skiing. One test that 'will flunk a boat immediately is for sound. The boat Mary uses is the lowest tested. They try to be as sensitive to the publiC as they can and try to be stewards of the environment and limit hydrocarbons into the water. · Sherri Clifford - They all use the lake and cherish it for different reasons. It is ludicrous to take the balls out every night. It is better for the environment to leave them up. The markers are not hurting anyone's abflity to enjoy the lake. · Sgt. Cusick - He is not aware of the boats being illegally loud. He is certain these boats would pass. He received a few calls about the course. They have modeled their policy after Hennepin County's. The issue here is if it is' okay with the neighbors to allow the markers to stay up. The concern is if they cause a hazard or restrictions to navigation on the lake. He understands that the water quality is bad but he does not know if that has anything to do with skiing. Hennepin County requires that neighbors give permission. · Sherri Clifford - Do property owners own to the middle of the lake? Sgt. Cusick - There is legal use by anyone as long as they can access the lake without trespassing on someone's property. · David Johnson - How do they determine what property owners are affected? Sgt. Cusick - He has heard that the course goes end to end so he believes everyone on the lake would be affected. ' .Jim Shearer - He is the Administrator with Carnelian Marine Watershed. Loon Lake is an impaired lake and they are in the process of developing a plan to improve the lake. He cannot comment specifically on this issue. They are looking for inputs that are stressing the lake. They will be meeting with the community again. Boating usage could potentially be one of the issues they are looking at. He offered to answer questions. "' , Stillwater Town Board Mtg. - 4/23/09 Page 3 · Mel Voelker - He has been on the lake all his life. He sees no problem with leaving the course up. The lily pads would go away if the water level were higher. .Judy Appel - Over the last 33 years, they have worked to actually improve the water quality. They have all tried to be responsible in keeping the quality of the lake. Why are Hennepin County's standards being used? Sgt. Cusick - The water quality here is not the issue. They meet monthly with other metro area sheriff's offices and all have roughly the same policy. .Jack Parcheta - He drives the boat for Mary's practice. She is the National Champion for slalom skiing in her age group. If you want to be good you have to practice. The total time for practice is about an hour and a half. There is an advantage in having a consistent course in that it helps other people using the lake to know where the skier is. He sees no problem with navigation since the lake is only 45 to 50 acres. There is reflective tape on the buoys so people can see them at night. · Mary Forseth - The Sheriff needs to see this from a safety point of view. This course has been on the lake for a number of years and she cannot recall any incident. · Roland Reyers - They live on the end of the runway and it is hard to hold a conversation if you are on their balcony. · Pete Riehle - If the course were going the other way, they wouldn't be turning right in his back yard. There are lily pads that get piled up where the water is only 3 feet deep and that has an effect on the deterioration of the water quality. · Lois Cutler - The issue is only the course. Taking it away would not take away boats. It Pete Riehle - The course does encourage people to water ski. · Tom Weber - They have a boat but do not use the course. The lake is not used very much. People on the course are very courteous. He does not see an issue with navigation. On his side of the lake noise is not an issue. The'public hearing was closed at 7:50 p.m. Regular Meeting - 7:50 p.m. 1. PARCHETA WATER SLALOM SKI COURSE PERMIT - The issue relating to this permit is whether or not the course can be in place over night. There was discussion of the safety issues with the buoys being up at night. M/S/P Hiniker/Untiedt moved to recommend Washington County approve the Parcheta application for a Water Slalom Ski Course Permit for the 2009 season. (5 ayes) 2. AGENDA - M/S/P Hiniker/Countryman moved to adopt the agenda as amended. (5 ayes) 3. WXCK PO~E BARN - Jeff and Molly Wick were present. They are looking to build an accessory building in the Stonehenge development. The ordinance and covenants say they should build their home first and accessory building second. They would like to build their accessory building first. A representative from the homeowners' association ~ Stillwater Town Board Mtg. - 4/23/09 Page 4 ~ was present who said that this lot already has had a lot of work done to it and he personally has no issues with this and he would be willing to take this to the rest of the homeowners' association. They want to do this to have a place to store their excess property while they try to sell their present house. The Board suggested he talk to his neighbors to get their opinion. The Planner will be asked to determine the Board's f1exlblllty to consider this request due to the currentordfnance. There will. be more discussion at the next meeting with the planner and attorney regarding options for Township action. 4. MINUTES - M/S/P Untiedt/Countryman moved to approve the 4/9/09 Stillwater Town Board meeting minutes as written. (5 ayes) 5. TREASURER- a) Claim and checks #19104 through #19114 were approved for payment. b) Mary Parcheta - There was an expense for notice in the newspaper. Carol Collins will send her a letter identifying the cost to the Township. 6. CLERK- a) New Mailbox - Two letters have been received with the new address. The newspaper will be delivered here shortly. b) Howard Certificate of Compliance - Clerk Pat Bantli has a certificate of compliance for a pole barn. She will refer this to the planner. c) Cannon Certificate of Compliance - Their certificate of compliance has been received. d) Heifert Complaints - There was a letter from the planner regarding complaints for wood chipping. Pat Bantli will get an update from the planner. 7. COMMUNICATION COMMITTEE - a) Heavv Metal Dav - The Township will do this if Maroney's are willing. The date will be determined between Maroney's and Sheila-Marie Untiedt. b) Budget Materials - There have been requests for budget details to be available on the website. Carol Collins will send It to the webmaster. c) Archive Ordinances - M/S/P Hiniker/Beane moved to autho'rize Bob Ranalla to scan ordinances to the website for a cost not to exceed $250.00. (5 ayes) d) Township Picnic - The Township Picnic will be held on August 23 (August 30 rain day). The Park Committee will be instructed to plan and come up with a budget. e) Minutes - Minutes and agendas will be sent out bye-mail only for the communication committee. f) Roles and Responsibilities - This should be amended to add a role for members. g) Photo Submissions - Photo submissions will be solicited for the website. Sheila-Marie Untiedt had checked with Attorney Soren Mattick for wording for a release. h) Newsletter Contest - A photograph of a site within the Township will be in the newsletter and on the website for people to identify. The winner will be chosen at random from correct answers and the prize will be a $25.00 gift certificate to the Stillwater Township's Farmers' Market. . · Stillwater Town Board Mtg. - 4/23/09 Page 5 M/S/P Untiedt/Countryman moved to authorize $25.00 for the contest prize. (5 ayes) i) Advertising for Local Businesses - There was discussion as to who picks the ads and how to censure them. The attorney will be asked for ways to reasonably control this. More discussion next agenda. j) Contracts - The contract with Bev Petrie was signed and Bob Ranalla's cqntract was sent to him for signature. 8. PARK COMMITTEE - The Park Committee has expressed an interest in the property adjacent to the open space if about 10 acres were available. Brian Axdahl plans to come in to talk to the Town Board in the future to review his letter of credit and other issues with his development. 9. PARK MANAGER - a) There has been vandalism in Otto Berg Park. Rick Jacobson has tried to remove it and will attempt again. He was asked to look for an opportunity to talk to people using the park to help in keeping the park nice. He suggested the possibility of having people to sign up if more than 10 people use the basketball court at a time. b) The baseball and soccer fields are full. c) The parking lot will be striped tomorrow at 7:00 a.m. 10. NEWSPAPER COLUMN - The St. Croix Valley Press is looking for community leaders to provide information on local issues and events. The author could rotate among the Town Board. This could be a regular agenda item. David Johnson will contact the St. Croix Valley Press to express our interest. 11. ZONING ORDINANCE - The Planner will be asked to provide an updated copy with the most recent changes to be available at the town hall. 12. ADJOURNMENT - The meeting was adjourned at 9:35 p.m. Clerk Chairperson Approved TNI! ."'''PLAC' OF MUltI"" AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street May 5, 2009 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Chamber Update - Jennifer Severson 2. Possible approval of Special Event - Chamber's Vintage 4:30 P.M. AGENDA STAFF REPORTS 1. Police Chief 3, City Clerk . Fi nce Director udget Dates . City Administrator 2. Fire Chief 4. Community Dev. Director CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - P 9 r gular meeting minutes (available Tuesday) OPEN FORUM The Open Forum i the meeting agenda. staff regarding investig limit your comments t to address Council on subjects which are not a part of reply at the time of the statement or may give direction to sed. Out of respect for others in attendance, please CONSEN 1. Res 2. Possi 3. Resolu PUBLIC HEARl or less. respect for others in attendance, please limit your comments to 10 minutes No Public Hearings UNFINISHED BUSINESS 1. Possible approval of lease agreement renewal- Max Todo Marine Services (Resolution-Roll Call) 2. Housing Ordinance Information NEW BUSINESS 1. Request from Vern Stefan for a construction staging area north of Mulberry, east of the Desch Building parking lot 2. Request to reconstruct garage within the Hazel Street right-of-way 3. Possible approval to advertise for annual seal coating project (Resolution - Roll Call) 4. Discussion on Special Event - Liquid Twelve Events - Beer Sampling 5. Possible accepting bids and awarding contract for 2009 Street Improvement Project (Resolution - Roll Call) , 6. Possible appointment to Downtown Parking Commission (Resolution - Roll Call) 7. FOllow.uP on request for downtown screening (available Tuesday) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS * All items listed under the consent agenda are consiq~red to b enacted by one motion. There will be no separatediscli'~sion on citizen so requests, in which event, the items will be remO'V~d from separately. oun and will be s a Council Member or nda and considered STAFF REPORTS (continued) ADJOURNMENT Page 2 of 2 .. Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 5/1/2009 Re: Special Event - Vintage Car Show - Chamber of Commerce Attached is the special event application for the Vintage Car Show sponsored by the Chamber of Commerce. This item was reviewed by the Downtown Parking Commission and the Park & Recreation Commission. Park & Recreation Commission (see attached memo from Tim Moore) & Downtown Parking recommended approval The only date conflict would be the Wednesday before Lumberjack Days. I have spoken to Jennifer Severson and made her aware of the conflict and she stated that they would not hold the car show on that Wednesday before Lumberjack Days. .. (")tillwate~ .., . ..,.-- - --::= ",,- --- " IHE B1ATH~LA.Cl O.~ MINNf'SOfA J MEMORANDUM DATE: April 30, 2009 SUBJECT: Special Events TO: Mayor and Council PREPARED BY: Tim Moore, Assistant Superintendant of Public Works BACKGROUND Two large events were submitted to the Parks commission at the meeting on April 27th, 2009. Date of Event June 13, 2009 Liquid Twelve Events, LLC (Beer Tasting) (Lowell Park) Action Taken by Commission - Denied, it is a For Profit organization, Detrimental to the park and other activities. Date of Events Every Wednesday June 3rd. - August 12th. 2009 Greater Stillwater Chamber of Commerce (Vintage Car Show) (Lowell Park) Action Taken by Commission - Approved ~ ~ww~~~ nq II"nl'lACt D~ MIH.HSOIA ~ 216 North 4th Street Stillwater, MN 55082 re/ephone: 651-430-8800 Fax: 651-430-8809 APPLICA TION FOR SPECIAL EVENT ALL ITEMS ON THE APPUCATION MUST BE COMPLETED AND SUBMITTED TO CITY HALL 45 DA YS PRIOR TO THE PROPOSED EVENT INCOMPLETE APPLICATIONS kYl!r! NOT BE PROCESSED 4/7/2009 Submittal Date: APPLICANT INFORMATION (Please Print on Application) Organization: Type of Organization: X Non-Profit _For-Profit Contact Person: Jennifer Severson/Scott Zahren Email Address:director@ilovestillwater.com Address: 106 Main Street South Daytime Phone City: Stillwater 651-439-4001 State: MN Zip: 55082 Alternate Phone Number 651-238-6727 (Jenn's Cell) EVENT INFORMATION (Special Events involving the use of City Property may require Park Board or Parking Commission review. Events on Private Property may require Planning Commission review.) Date(s) of Event: Every Wednesday, June 3-August 26 Hours of Event: 4 -10 p.m. (Special Events conducted after 10:00 p.m. require Council approval of a variance to the noise ordinance) Type of Event: Vintage Car Show - "Cruisin' the Croix Vintage Car Show" Description of Event: Car show featuring vintage cars, limited LOCAL vendors and occasional music (on the first Wednesday of each month). Proposed Location of Event (be specific): Lot 4 - east of Water Street Inn; Lot 5 - public lot north of Myrtle Street; adjacent to North Lowell Park, but no vehicles on grass area If Lowell Park is used: X North Lowell Park _South Lowell Park (check which one or both) Estimated number of people to attend: 300-400 The following information is required for consideration (Check next to items pertaining to your event. If not applicable - please put "N/A" in the space) _N/A_ Selling Alcohol - Temporary Liquor Licenses are ONLY available to non-profit organizations - $25.00 per day _N/A_ Permit to Consume -Consumption only of beer, wine, wine coolers, and hard liquor on public property (parks)- $35.00 fee _X_ Site Map (Required for all events) - attach to application _X_ Parking Impact (Required for all events) -Describe in detail: Although we are requesting use of two parking lots the impact should be minimal do to the fact that it will be held on Wednesdays and there is adequate parking nearby. (Continued on Back) _X_ Special Slgnage - Describe: Directional signage from Main Street _N1A_ Approval Letter from Property Owner If on Private Property (attach to application) _X_ Vendors will be present at the event (SEE ATTACHED) _X_ Tents or Membrane Structures Size_10x10 (vendors only)_ Location: GraveVPaved Area Exiting Points_ _X_ Cooking Operations Propane: Vendors Only Deep Fat Frying_ Other _N/A_ Open Flame or Burning Operations Describe: _N/A_ Water Activities (RiverlLakes) River/Lake Name: _N/A_ EMS Needs _EMT Standby _Ambulance Standby _Fire Department Standby _N/A_ Fireworks _N/A_ Street Closure What Streets: _N/A_ Police OffIcer Needed (Required if alcohol is being serviced on public property and attendance is over 75 people or at the discretion ofthe Police Chief) Contact Stillwater Police Department (651-351-4900) to arrange for an officer. _X_ Restrooms (Portable) - Two to four Port-Pots at our expense; will remain for the entire three months and serviced twice a week. _X_Live Entertainment - Describe type of Music: Family friendly, different band on i. Wednesdays _X_Promotion/Advertisement of Event - Describe Level of Promotion/Advertisement: Various car club web sites, local press and newspapers, Chamber website Note: All vendor fees ($1500) will be donated to Downtown Beautification. The Pepsi sales will be operated by Valley Outreach with the proceeds going to their various programs such as food shelf. They will be accepting non-perishable food items as well. We are also providing much-needed restroom facilities during the busiest time of the year. We will need garbage containers from the city, if possible. We will be responsible for clean- up. This is a family-friendly event that is primarily being promoted to the residents of Stillwater and the surrounding area. There is virtually no cost to the City for this event. Applicant Signature Reviewed By: (Any concerns/comments will be attached to application) _ City Administrator ~ City Clerk FEES (if applicable) Permit to Consume ($35.00) Community Development Director Temporary Liquor License ($25.00/day) Event Fee ($500.00) Event Deposit ($250.00) Fire Chief Police Chief Public Works Director Public Works Superintendent Park & Recreation COl}lmiss.ign ~~val Required Date Approved: ~~Z: 07 Planning Commission Approval Required, Date Approved: V Downtown Parking 99mmi~.!i9n Approval Required Date Approved: -::L...- ~~- 09' City Council Approval Required Date Approved: Other Fees: TOTAL FEE FOR EVENT: $ Copy of Approved Application with Comments sent to applicant (Date) Rev.Oll08 ~. lili~ b"b"W falilili; II II --J: cOCOJ: O'lWo w'-ltn~o ." Z g: if :" s: C") C c:~S:2;'c 5=a~ Q) i.i' ... co.....E..c.:., :::c ." "2,(/)r- C") ~ Sf (Q r- m CD g _. 0 s:~~ ~ $0 2. s $a~ ~ 3' m :::c e!. r- -. l>> en roO ...... 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CD c:r a .@l as "'C ~ ~ :i" (/) (Q g en' (/) :;: Cil CD e ;1 I ~DD ~DTI~~ D WOO [0 iOIJ D! ;1 lYl:lH3M1WO:l I~ ." m :::c s: =i ~ :::c 2S 2 Cl ue>> i18 . . N~C:; ~ ~~ c CJ:I~ Eit 0 as =e "'C.... _. ~ Co 9' _. cS NcS- ~ (/)~ en "C "8 ~~. Eit :;: [ g i IEl r reONn '" ~ ~ II f z i 1111 . Memo DATE: April 16, 2009 TO: Mayor and City Council Sharon Harriso~ Finance Director~ FROM: RE: 2010 Budget Calendar BACKGROUND Attached is a copy of the proposed calendar for the 2010 budget process. Basically, Staffwill be working on the proposed budget during the months of May through the first part July. Because a proposed budget and a proposed levy are due to the County Auditor by September 15, 2009 for the 2010 Budget, staff would like Council to consider some dates for the budget workshop meetings and adoption of the 2010 proposed budget and the proposed tax levy. Budeet Workshop: There are a few options for meeting dates for budget workshop sessions and they are as follows: July 14,2009 4:30 - to be determined July 28, 2009 4:30 - 6:00 pm (this night may be used to replace the regularly scheduled meeting on August 4, 2009-National Night Out) August 11,2009 4:30 - to be determined August 18,2009 4:30 - 6:00 pm (this night is a regularly scheduled meeting) August 25, 2009 4:30 - to be determined Note: Lumberjack Days is July 22nd - 26th Adoption of the Proposed Budeet and the Proposed Levv: Since the proposed budget and the proposed levy need to be to the County auditor no later than September 15, there not many options available for these dates: September 1 st - Adoption of the Proposed Budget and the Proposed Tax Levy. T ~ September 8th - Special Meeting (ONLY if necessary). This is a continuation of the September 2nd meeting. (Note: September 7th is a holiday)) , ACTION REQUIRED Council needs to pass a motion approving: 1. Dates for 2010 budget workshop meeting dates. 2. Dates for the adoption of the 2010 proposed budget and the 2010 proposed tax levy. " 2010 BUDGET CALENDAR Aoril 2009 Finance Department begins budget process by preparing projected wages and benefits and insurance costs for the upcoming fiscal budget year. April 21. 2009 The proposed budget calendar, the budget workshop meeting dates, and the date for the adoption of the proposed budget and tax levy are considered and approved by Council. May 8. 2009 Council to set priorities for the 2010 budget May 8. 2009 Budget worksheets are distributed to Department Heads for completion May 29. 2009 Completed budget worksheets are due to the Finance Department. The Finance Department assembles the preliminary budget information. June 15 through June 30.2009 The City Administrator meets with Department Heads to review budget requests and makes recommendations regarding the budget. Julv 14. 2009 - August 25.2009 (dates to be approved on April 21) Council, during a budget workshop session, meets with the City Administrator and Department Heads to review the recommended budget requests. The following is a list of Tuesdays between July 14, 2009 and August 26, 2009: July 14, 2009 4:30 - to be determined July 28, 2009 4:30 - 6:00 pm (this night may be used to replace the regularly scheduled meeting on August 4, 2009-National Night Out) August 11, 2009 4:30 - to be determined August 18, 2009 4:30 - 6:00 pm (this night is a regularly scheduled meeting) August 25, 2009 4:30 - to be determined August 26 - August 28. 2009 The Finance Department makes budget revisions and prepares the final proposed budget for future Council adoption. .' ~' LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2009-74 Allen Bradley Ancom Technical Center Animal Humane Society Aramark Uniform Services Aspen Mills AT&T BCA/Training & Development Board of Water Commissioners Brock White Co. LLC Campion, Barrow & Associates Carlson Sports Marketing Carquest Auto Parts CCIS-Cross Connection Chloe Noel Skate & Sportswear City of St. Paul Clark, Luann Coca-Cola Bottling Company Cole Papers Comcast Cub Foods Delta Dental Denny Hecker Auto Connection Dustcoating, Inc. Extendo Bed Company, Inc. Fury Dodge Chrysler Governmental Acct: Standards Board GCR Minneapolis Truck Tire Ctr Grafix Shoppe Hansen Steve Hartland Fuel Products, LLC Heritage Printing, Inc. L.T.G.Power Lakeview Hospital Mac Queen Equipment Inc. Magnuson Law Firm Menards Met Council MN/S.C.I.A. NAPA Auto Parts Office Depot OnSite Sanitation OUR Designs, Inc. R & R Specialties, Inc. Reed Business Information Battery Tender & ATV Battery Install New Console in Capt Charger 1st Qtr Vet Fees Uniforms Uniforms Telephone Training Fee April WAC Detack Crafco 5 G 34681 Psych evaluation for Hammond 2' by 10' Lited Cabinet Equipment Repair Supplies Backflow Preventer Annual Test Report Skate Clothes for Resale Asphalt Cleaning City Hall & Public Works Concession Supplies Bath Cleaner Cable Television Bouquets for Resale at Ice Show May 2009 Cobra Vehicle Repair Charges Chloride for Dustcoating Gravel Roads Roll Out Bed for Chief's New Vehicle. Repair/Oil Change and Brakes for 2008 Charger Subscription Renewal Tires Applications for 3-2009 Chargers Tuition Reimbursement Winter Semester Unleaded Hazardous Waste Collection insert for Ne Chainsaw Chains and Bars Legal Blood Draw Title Transfer 2008 Freightliner Professional Services Equipment Repair Supplies April SAC Membership Renewal 2006 Charger rear rotors and brake pads Office Supplies Portable Restroom Rental 2 Embroidered Flag Ice Paint Publication 2009 Street Project 250.81 2,027.90 1,452.56 531.53 97.36 248.61 120.00 7,920.00 285.42 390.00 1,553,00 450.94 120.00 99.70 1,211.01 1,057.50 546.75 243.97 64.18 42.65 313.80 44.90 2,250.00 3,384.00 882.03 195.00 256.67 1,530.00 1,675.00 2,939.00 3,932.94 254.43 40.00 286.57 7,876.83 91.41 17,820.00 50.00 357.50 220.86 210.87 47.85 238.56 169.74 EXHIBIT" A" TO RESOLUTION #2009-74 Riedell Shoes, Inc. Roettger Welding, Inc. Spartan Promotional Group Sprint PCS St. Croix Harley-Davidson Stillwater Equipment Co Stillwater Medical Group Stillwater Motor Company Summit Fire Protection Sun Newspapers T,A. Schifsky & Sons, Inc. Todd McNurlin A/V Tri State Bobcat, Inc. Univ of Minnesota Extension RDU UPS VenTek International, Inc Viking Industrial Center Volunteer Firefighters Benefit Washington County Chiefs of Police Association Watson Company, Inc. The LIBRARY Baker & Taylor Baker & Taylor 2 BWI Budget Lighting Cole Information Services Comcast Random House Roseville Plumbing & Heating Security Response Toshiba Page 2 Skate for Resale Pipe Poster Boards for Dave Eckberg Cell Phones Vehicle Repair Charges Aleo-Sensor Mark IV Digital PBT Pre Employment Drug Testing Vehicle Repair Charges Annual Fire Sprinkler Inspection Human Rights Commission Meeting Date Asphalt and Tack Oil Sound Cabinet Equipment Repair Supplies Stormwater Pond Mgmt & Sediment Excavati Freight to return Parts St. Joseph Equip Ticket Rolls for Parking Lots Safety Equipment Annual membership Membership Concession Supplies Library Materials Library Materials Children's Books Light Bulbs Reference Material Telecommunications Children's Audio Inspection Maintenance Contract Maintenance Contract 609.90 37.28 834.37 26,35 181.97 990.45 71.00 30.52 325.00 76.14 2/729.29 730.50 168.65 50.00 6.97 543,65 170.20 1/234.00 50.00 236.49 1/176.66 148.96 59.38 245.82 343.95 49.90 19.20 238.00 155.67 36.80 Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 5/1/2009 Re: Special Event - Rumble on the Deck Attached is the special event for - Rumble on the Deck for the Freight House. Last year the Freight House was allowed to fence in the area that they will be using to allow the consumption. of alcohol. The Downtown Parking Commission has reviewed and approved the request. Last year a consumption permit ($35.00) and use of parking spaces ($300.00) were required for the event RECOMMENDATION: It is the recommendation that the request be approved contingent upon payment of $300 for the parking spaces, $35.00 for a Permit to Consume and the Freight House working with the Police Department relating to this event. ~~te~ 't: ~ ';'~;j ", t ':; llil Ji,"'''l 'S1$.. ~ 21.6 North 4th Street Stillwater, MN 55082 re/ephone: 651.-430-8800 Fax: 651.-430-8809 APPLICATION FOR SPECIAL EVENT ALL ITEMS ON THE APPLICA nON MUST BE COMPLETED AND SUBMITTED TO CITY HALL 45 DA YS PRIOR TO THE PROPOSED EVENT , Address: INCO~P.'-j L TE APr~A nONS WILL NOT BE PROCESSED --Ll~~~~I-Q1______ APPLICANT INFORMATION (Please Print on Application) Organization: ;::;i.e.1i9/rT ~'5 fi:- Type of Organization: _Non-Profit I ~For-Profit Contact Person: .-:;:7::,iA .i:J:.-f1- EmailAddress: Jet>4n (il.-r:'A,,">7{/IMI~iv... (0/1/\ _ do S- tAI~/'.so/: g ~. City Y7J~~/ State /'11JL-- Zip Daytime Phone ( tv 5/) ~.5~-,...-? ff t::- Alternate Phone Number Submittal Date: <~()b2- (.&Ie-) J'z--cj -~f - --' / EVENT INFORMATION (Special Events involving the use of City Property may require Park Board or Parking Commission review. Events 9n Priva e Property may require Planning Commission review.) Date(s) of Event: a Hours of Event: s:;- /0 A (Special Events condtdCted aftet1 0:00 p.m, require Council approval of a t( /) J j . varia~. ~ to tht n9i?e ordinance) Type of Event: ~cA.pUj? foe... (}r1 /7v:- &t~ Description oIE.en!: ~,~ 6, &$ It[#- NVt(.lA.-1 proposedLocation9fEvent(be." pec~i6c): ~qf~J::.-~Z"1W .$. ~h,(.J. ..A/~r--/-l4~~rl! ~C2~~.r: 7 If Lowell Park is used: __ North Lowell Park __South Lowell Park (check which one or both) ~A- ' &6d +j- Estimated number of people to attend: The following information is required for consideration ,h (Check next to items pertaining to your event. If not applicable - please put "N/A" in the space) rj~ Selling Alcohol. Temporary Liquor Licenses are ONLY available to non-profit organizations - $25.00 per day v'" Permit to Consume -Consumption ~nlY of'beer, wine, wine coolers, and hard liquor on public property (parks) _ $35.00 fee / Site Map (Required for all events) - attach to application 5"~ p::s ~ s;t~1 e --- Parking Impact (Required for all events) -Describe. in demil: o?5 5JlP7:f1fz-- /f ~go/- h/- d#S~e'~ bd.~v 5"~. S~A , ~~ a~~~/rO'-/: // /1&Y/A d I.c;-~ ~~ed on Back) + Speclal Slgnaga - Describe: ~APproval Letter from Property Owner if on Private Property (attach to application~ /11-4: Vendors will be present at the event (SEE ATTACHED) .Ad. . Tents or Membrane Structures Size Location Exiting Points - -- . Cooking Operations Propane Deep Fat Frying Other Open Flame or Burning Operations Describe: ~ Water Activities (River/Lakes) River/Lake Name: "? ~- EMS Needs __EMT Standby Ireworks Street Closure What Streets: <7 _!.- Pollee Officer Needed (Required If alcohol Is being serviced on public property and attendance Is over 7S people or at the discretion of the Police Chief) Contact Stillwater Police Department (651-351-4900) to arrange ~ j for an officer. ~Restrooms (Portable) - Applicant to pay for restrooms - Contact Public ~rkS to arran~ - 651-275-4)00.. / Live Entertainment-Describetype of Music: ~ #~ dr ~ f,.,7-~/l /~-f.tAJ ~-t- /' Promotlon/Adverti ement of Event - Describe Level of P7ro otion/Advertisement. dA .t2. S:J -pr7Z-&,~ u#~~r !!1~ ~t ! _Ambulance Standby -:._Fire Department Standby ~ed By: (Any concerns/comments will be attached to application) - City Administrator FEES (if applicable) V City Clerk '3 r -- Permit to Consume ($35.00) 1L'- Community Development Director tP Temporary Liquor License 7 ($25.00/day) _ Fire Chief Event Fee ($500.00) Event Deposit ($250.00) 1L. Police Chief V Public Works Director Public Works Superintendent Park & Recreation Commission Approval Required Date Approved: Planning Commission Approval Required Date Approved: ~ Downtown Parking 9p~0!l ~proval Required Date Approved: ~-/ff1L O!f- _ City Council Appro~p~Q /)/j Date Approved: ~ Other Fees: p~ ~()O. 00 TO~oREVENT: DO $ 805.. Copy of Approved Application with Comments sent to applicant (Date) Rev. 01108 ~':.-_. -; -\-' . .' , ~ -",--, - ..-.---.- II t :s-nc-c..~.L _ ' -,... -"- \\ _/---......._,- --..........-., ~---< . ." . ~~e- _, ......L., ~ \, " \, ---. -. '\ !--. '-''\-- u ..----. "-li \ ----..--, . "- I --'--'-'--- . ....." ..-t _. --...---. "- i -:F^~.?'--~{ "-"-- "-' / " .'-.--..--/- .-....---('-.- l-t~1'( ( S)~' )l / ........ - -- "....t..... ~;y...<..; .:. I ill rRiI~ \-h) \J- S rz:.- I... I' ( ( ( C~~ t'- ;-,t! ~U^ et~rf "- <- / ~ \ " \. \ , ----.. - -...- \.. \' ------,.....,...... CAlSOClC; E: , ~~~) Administration ') Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 5/1/2009 Re: Stillwater Farmer's Market Attached is the special event and contract for the Stillwater Farmer's Market. This item was reviewed by the Downtown Parking Commission and they recommended approval. The contract has no changes from last year. RECOMMENDATION: It is the recommendation that the event and contract be approved. ACTION REQUIRED: If Council agrees with the recommendation, the contract should be approved by resolution. , AGREEMENT THIS AGREEMENT made this _ day of May, 2009 between the CITY OF STILLWATER, Washington County, Minnesota ("City") and STILLWATER FARMER'S MARKET ASSOCIA TION, c/o Debbie Roth, its Market Manager, 10889 69th Street North, Stillwater, MN 55082 ("Farmer's Market"). 1. The City of Stillwater has authorized the Farmer's Market to use part of the parking lot located on the comer of Third and Pine Street for the purpose of conducting a farmer's market where vendors will offer agricultural goods and related merchandise for sale to the public. 2. The Farmer's Market is authorized to use the site from June 1st through October 31st of the year 2009 and to operate the market from 6:00 a.m. to 12:30 p.m, every Saturday during the above term. 3. The Farmer's Market must provide a certificate of insurance in a form and sufficiency as approved by the City Attorney. 4. The Farmer's Market must use the space on the parking lot shown on the map attached hereto as Exhibit "A." 5. The Market would be set up in such a way that vendor vehicles would be facing parked traffic and would be flagged off from the south end of the center island of the Memorial to the west or Fourth Street end of the parking lot. This arrangement is to encourage foot traffic to follow a set pattern throughout the parking lot. 6. Market signage must be approved by the Community Development Director including the size and location of signs and banners. , 7. The City will provide a toilet for use of vendors and patrons throughout the period of their use. The portable toilet will be located in the upper parking lot on Fourth Street. The Farmer's Market shall reimburse the City for one-third (1/3) of the seasonal costs ofthe toilet. 8. The City will provide between four to six saw horses from the Public Works Department to be delivered to the site prior to 6:00 a.m. on every Saturday before use each week to block off market traffic from traffic flow and to block traffic from entering into the east end of the parking lot. The Public Works Department will arrange to pick up these saw horses at approximately 12:30 P.M. on the same day. Approved by the City of Stillwater under authority of the City of Stillwater. CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STILLWATER FARMER'S MARKET ASSOCIATION By Debbie Roth, Its Market Manager - 2 - , STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON On this _ day of ,2009, before me, a Notary Public within and for said County, appeared Ken Harycki, and Diane F, Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of 2009, by Debbie Roth, the Market Manager and duly authorized agent for Stillwater Farmer's Market Association. Notary Public THIS INSTRUMENT DRAFTED BY: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 telephone 651-439-5641 fax - 3 - I I I I :1 'j , ; . , , "I .; I n " ; j ~t o .~\~ ~ )~ i~ .' (; rJ ;~' ~ b ~t ~ ~ i \..: r- <( ; ~ Do l \.l. \I) +- -- !~~ ! S~ J -::s:. \ I-F 'i CJ) j ! J ~ I 1\ ~ I ! I - t en a: ~ en m........ .... 1$ .: .' '.~ , . ..:, a. . ..:' . :~'. . ~ . '.'::::.. : . ,- -t. .:> t,y j~ ca~ < '* ~~ ~. ~ OJ If) E ..~..:.._-,.... /.. /' Ac:ttA~ 1'''''''kin ( i ., "l \.. o ~ .s:. c0 -.:> ~ ----M- r" . , I' \/- . \f I . ,- i ';e j: ~. .' ~. '. 1:. ':t. os:. I.. i i ".... ~ .~ , '- ;:\), ..< ;:;.:'~ :"i"~, l: ':i ~ .:;.:~;~ .,'...~.,.., \i.\ '^"'Y .,:~ " '~;i~.:7:, i:t::.. ?::>U~LA3 ~ ~ ) I . I " ,6n i VI 1 , ~t- :'I.&J 'I.&J :~ '(I) I.&J z .0: f r r.. .';' J' . , ~'~,i Ilwa!~r .----- - . ".. .":''''''- "" _...-"" 216 North 4th Street Stillwater, MN 55082 re/ephone: 651-430-8800 Fax: 651-430-8809 APPLICATION FOR SPECIAL EVENT ALL ITEMS ON THE APPLICA TION MUST BE COMPLETED AND SUBMITTED TO CITY HALL 45 DA YS PRIOR TO THE PROPOSED EVENT , INCOMPLETE APPLICA TIONS WILL NOT BE PROCESSED _______:::l..:__r:z_-:.123-_______ Submittal Date: APPLICANT INFOR~ATION (Please Print on Application) ~(J<..e,.t- Organization: $il~~c_~~.c~s_iV1 Type of Organization: Non-Profit 4-For-Profit Contact Person: D_~rl'l-_ fLL~.r1~t__ Email Address: J3fX-1~ (JdtL_&cn-.C-C!"sI; rid- Address ~~a~ fI1 City_-l~_~4_--_StateE---ziP--fifi1L6 -W-- JQ.~-=- q~l!J. V Alternate Phone Number ____________ Daytime Phone EVENT INFORMATION (Special Events involving the use of City Property may require Park Board or Parking Commission review. Events on Private Property may require Planning Commission review.) --- II Date(s) of Event: (Jk(I1~ J~-=11~3 \ Hours of Event: _~_-1L-_____ (Special Events conducted after 10:00 p.m. require Council approval of a , i/l A I~ari~nce to tl}y .noise ~inance) Type of Event: __t""ACm~LS__l.~j(JK~: SgJJL~.:f:{esh _f2{.oduce -+_CAd:-.:f:k .,J_-f:f.5..;f- Description of Event: __~~~1-J_~~~~ L_he'(b5;..L_h~~m_~ ~0~__ Proposed Location of Event (be specific): _ f?JY...<<\/,'~ _~ 0-\-:_________________ If Lowell Park is used: North Lowell Park ___South Lowell Park (check which one or both) __V1!JLL's,,_ (~I:::rlA.~ -Au.tJ. bU~J ~+ ) Estimated number of people to attend: The following information is required for consideration (Check next to items pertaining to your event. If not applicable - please put "N/A" in the space) ~ Selling Alcohol - Temporary Liquor Licenses are ONLY available to non-profit organizations - $25.00 per day NA Permit to Consume -Consumption only of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee ____ Site Map (Required for all events) - attach to application ____ Parking Impact (Required for all events) -Describe in detail: _C2!A~__~.,S"fo~......f___U~~_____ --Qh!!'.e.~--pM1<~ hS--Ltl-~~.b-.:L~J~.:Ld:9__~~'" --f2- fl.:.rki n.eJ~::._---t.h~--- ----~--~~--j~~~ ' (Continued on Back) __~spedaISignage-DeSCribe~~~~~~__~~_~~_~~~~ L{^ Ccf~~. L'l.:;Approval Letter from Property Owner if on Private Property (attach to application) ____ Vendors will be present at the event (SEE ATTACHED) __~ Tents or Membrane Structures Sizej 0 l:./D__ Location~Ln _ { of- ~__ Exiting Points_~Le::...__Llf~ llA Cooking Operations Propane~_~_ Deep Fat Frying____ Other________________ !YA- Open Flame or Burning Operations Describe:______________________________ Al.!Water Activities (River/Lakes) River/Lake Name:______________________________ .tJ.A:. EMS Needs ___EMT Standby __Ambulance Standby _:...__Fire Department Standby ~ireworks ~ Street Closure What Streets:_________________________________________________ tJA:. Police Officer Needed (Required if alcohol is being serviced on public property and attendance is over 75 people or at the discretion of the Police Chief) Contact Stillwater Police Department (651-351-4900) to arrange for an officer. ____ Restrooms (Portable) - Applicant to pay for restrooms - Contact Public Works to arrange - 651-275-4100 r1Er. Live Entertainment - Describe type of Music:_______________________________________ ___Promotion/Advertisement of Event - Describe Level of Promotion/Advertisement _~~~~ VC!::-I..:h5~ -r" ~v.(; (,,1 ~f- ~-AA _____________ - ~-g~-~- Reviewed By: (Any concerns/comments will be attached to application) --~ Administrator FEES (if applicable) _~ City Clerk - ~~ __________ Permit to Consume ($35.00) _V Community Develo~irector Ccmm . ___________ Temporary Liquor License / t>ev ($25.00/day) ~ Fire Chief ' V -------- Event Fee ($500.00) __ Police Chief _________ Event Deposit ($250.00) ~ L Public Works Director Public Works Superintendent Park & Recreation Commission Approval Required Date Approved:________________________ Planning Commission Approval Required Date Approved:_________________ -\/" g~~nl~~~~:~~~ng~~~~~o:~1 ReqU~~d City Council Approval Required Date Approved:_________________ Other Fees: TOTAL FEE FOR EVENT: $--------"--------- Copy of Approved Application with Comments sent to applicant ________ (Date) Rev. 01/08 .t/ ~.,J .' MAGNUSON LAw FiRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET . SUITE#202. STILLWATER,MN55082 TELEPHONE: (651)439-9464 . FAX: (651)439-5641 WWW.MAGNUSONLAwFIRM.COM I DAVID T. MAGNUSON DTMAGNUSON@MAGNUSONLAWFIRM.COM TO: FROM: DATE: RE: JOHN D. MAGNUSON JDMAGNUSON@MAGNUSONLAWFIRM.COM MEMORANDUM Mayor, City Council and Staff David T. Magn~ April 21, 2009 l Max Todo Lease Extension 1. 2. 3. 4. 5. 6. --'..~ 7. 8. /nm Enclosed are documents that discuss the history of the Max Todo Lease: A Memorandum prepared for the City Council, dated May 14, 1998. The "Aiple" Lease, dated September 22, 1958. Extension Agreement Addendum to "Aiple" Lease, dated February 17, 1998. Termination Memo sent by lawyer for Mrs. Aiple, dated July 8, 1998. Marine Survey, Deck Barge, dated June 26, 1998. Marine Survey, "Cayuga," dated June 26, 1998. Memorandum to City Administrator, dated July 22, 1998. Publication of Notice of Lease of City property required by City Charter, October 1999. 9. Original Max Todo Lease, dated December 16, 1999. 10. 2003 Extension of Max Todo Lease, dated January 31, 2003. 11. 2006 Extension of Max Todo Lease, dated January 6, 2006. 12. Proposed 2009 Renewal of Max Todo Lease, elated as of April-, 2009. f MAGNUSONLAWFmM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET . Sumf#202. STILLWATER,MNSS082 TELEPHONE: (6S1)439-9464 . FAX: (6S1)439-S641 WWW.MAGNUSONLAwFIRM.COM DAVID T. MAGNUSON DTMAGNUSON@MAGNUSONLAWFIRM.COM JOlIN D.MAGNUSON JDMAONUSON@MAONUSONLAWFIRM.COM MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: May 14, 1998 RE: . Barge Terminal Property Ownership Dispute SHORT mSTORY OF BARGE TERMINAL Prior to 1929, the Aiple property was owned by the heir~ of the Hershey-Bean Mill and the property had been lying vacant since the closing of their mill in 1913. On January 15, 1929, a delegation of citizens appeared before the City Council asking that the City consider constructing a dock terminal on the property as a way of stimulating commerce. The matter was discussed again on February 5, 1929, and the City directed the City Engineer to begin preparation of plans for the terminal and the City Council also, instructed staff to begin negotiations for the acquisition of the property from the Hershey-Bean heirs. At the meeting of May 21, 1929, the City Engineer presented plans for a public terminal wharf. The plans were approved by the City Council and they also authorized the purchase of the property from the Hershey-Bean heirs for the sum of five thousand and no/IOO dollars ($5,000.00). This conveyance was delivered to the City and recorded on the 2nd of April, 1929. A copy is attached as Exhibit "A." f On June 11, 1929, bids were awarded for the construction of a terminal. On July 2, 1929, the City offered its Terminal Bonds for sale in the sum of thirty-three thousand and no/l 00 dollars ($33,000.00) and construction began on the terminal. Work was complete on August 8, 1929, and on August 20, 1929, the City authorized the purchase of a crane to service the terminal for eleven thousand six hundred ninety and no/100 dollars ($11,690.00). On September 3, 1929, the City received the sum of twenty thousand and no/l00 dollars ($20,000.00) to assist in construction of the terminal from the Minnesota State Board of Control and at the same meeting, they authorized payment to the Chicago, S1. Paul, Minneapolis and Omaha Railway in the amount offive thousand nine hundred thirty-five and no/100 dollars ($5,935.00) for constructing a track to service the dock. The terminal was constructed on Government Lot 1, Section 27, the property now in dispute. On January 20,1939, the City adopted Resolution 981 approving a lease for the terminal for twenty (20) years renewable for another twenty (20) years with Industrial Contracting Company of Minneapolis. The Resolution provides that a copy of the lease is on file with the City Engineer but we have been unable to locate this lease. Thereafter on August 28, 1939, the City adopted Resolution 1014 assuring the contractor hauling coal to the prison that the City would take measures to assure a City scale would be in place for the availability of the contractors shipping coal to the prison in time for the Spring shipment of coal. On October 12, 1939, the City adopted Resolution 1020 authorizing the expenditure of three thousand five hundred and no/1 00 dollars ($3,500.00) for new scales. On April 8, 1943, the City adopted Resolution 1151 providing for tenant Industrial Contracting to tear down some rotten material on the dock at no cost to the City on the condition -2- . that Industrial Contracting Company pay the City eight hundred and no/l00 dollars ($800.00) for the cost of City material on the dock that would be damaged in the repair. On March 7, 1944, by Resolution 1173, the City authorized the assignment of the terminal lease to a Frank A. Raven but on November 29, 1946, by Resolution 1278, the City canceled the lease with Raven and entered a new lease with the "Barge Terminal Company". This was Frank Aiple who operated the terminal beginning in 1946. In the Summer of 1958, Frank Aiple approached the City Council stating that he wanted to begin construction ofa fifty thousand and no/l00 dollars ($50,000.00) warehouse on. the barge terminal property. He advised the City that the warehouse would be one hundred fifty (150) feet long and fifty (50) feet wide. But then in 1959, it would be necessary to increase the size of the building to three hundred (300) feet long and fifty (50) feet wide and that the building would be used to locate a warehouse to hold a super phosphate material manufactured from rock mine in Florida and used in plant food. Aiple requested that the Council consider granting a new lease to his company for a period of twenty (20) years with the option to renew for another twenty (20). The City approved the new lease by its Resolution 2033 on September 17, 1958, and this is the very lease that is expiring on September 17, 1998, after forty (40) years. /om - 3 - , f '/ ,.J TillS AGJU::EIoIENT, Made this -!.L-day 01 September, 1958, by and between ~ )11 the CITY OF STILLIVATER, Washington Coun$y, JUnnesota, a munic1pal corporauo..:,,~. . party 01 the first part, Lessor, and STILL\VATEn ST. CROIX BARGE T.EIWINAL CO., a Uinnesota corporation, party of the second part, Lessee; "~/'~ WITNESSETH, that the said party of the 11r~t part, 1n consideration ol'the rents and covenants horeinafter m~ntioned does hereby Demise, Lease and'Let unto said party 01 tho second part, and the .aid party 01 the second part does hereby h1re and take frOll the said party ot the f1rst part, the followinr described pre.1ses, situated in the County of Wasb1ngton and State ot M1nneaota vb: All that part of Government Lot Ono (1), Section Twenty-seven (27), and of Government Lots Two (2) and Three (3), Soction Thirty-tour (34), in Township Thirty (30) Horth, Ran~e Twenty (20) West, described as lollows: Commencing at the Meander Corner on the West Une of said Section Twenty-sevon (27) whero sald West line ot ~ectlon Twenty-sevon (27) intorsects the Westerly shore lino of Lake St. Croix, thence South alonr said West Une ot sa1d SecUon Twenty-seven (27) to its intersection with tho ~asterly r1~ht 01 way linr. 01 the Chicago, St. Paul, Uinneapolis and OIlaha UaUway; thence ~outher1y along said r1~ht of way Une to the Horth Une of Lot Five (5), Block One (1) of Hersey, Staples and Co.'s Addition to Stillwater, extended West to the said ~asterly right of way 11ne ot said Chicago, St. Paul, "'inneapolis and Onaha Railway; thence J::ast along the Korth line of said Lot Five (5), Block One (1) as extended and along the Horth lillo of said Lot (5), Block One (1), and an extension thoreof to tho Westerly shore lino of . "lke St. Croix; thence in a Kortherly direction along tho Westerly ahore line of ,aid Lake St. CrOix to the point of beginning; tovrther with the tollowing described personal property to be kept and used aole1y upon the premiaes hereinbefore described, to-wit: One (1) Fitteen (15) ton Loraine Crane xo. 4200. TO IIAVE AND TO HOLD, The said prem1ses just a. they are, without any Ua- bility or obl1gation on the part ot the .aid Lessor of making any alterations. .1mprovementa or repair. of any kind on or about .aid prelllse. for the tel'll of Twenty (20) years frOll and atter the date hereof tor the fOllow1ng purposes. . '" \ to-wit: - ~ art! mainta n, . h dUn ot - maintonance and used n connection therewith ring the tom oi this Lease; . subJect. howcvor, to the porils und. hazards inci~~~'~.r ~,~.'.'~a,;'~Ii~~.~~~Qn~ - ot!l,:r cO~I~it~o.I~::- . ,_ beyond the cOlltrol of the Lessee; it bo.lng unders tood th!!!.-!~~..l!!!. available staee of water in ~a. Croix K1v~!,~.~_ho .~~!is~!PPLIl1v9r is loss. than :HX_.J!il-!!~t, ~!!Iv~j_at1on. 1s .n~te!:~ct~~al an~ ~~..~!!~~ ~nd!~su~~_~~~~anc!~..s~!!l not be required to operate the service here_~b!.f!l..-!"!.~~~t1oned.--" .---- -. '. , ~/ ;.} " I .. , , Yielding and paying therefor the rent to be determined as follows, to-wit: For all commodities arrivin~ or departing by water and handled over or through said terminal during each year of the,term of this Lease the Lessee agrees to pay to the Lessor the fOllowing SUlDS: 5~ per net ton of 2,000 pounds on the first 20,000 tons 4~ per net ton of 2~000 pounds on the next 30,000 tons 3A~ per net ton of 2,000 pounds on the next 50,000 tons 3~ per net ton of 2,000 pounds on the excess over and above 100,000 tons; provided, however, that in no event shall the rent reserved here- under be less than Ono Thousand Dollars ($1,000.00) per year. And the said Lessee does covenant to pay the said rent in Installments to becOllle due and payable on the 15th days of January, April, July and October of each and every year during the term of this Lease beginning with the'15th day of January, 1959. It is understood and agreed that the aforesaid payments are to be based upon actual weights, but in the event actual weights are not available at the time such payments become due and payable, then the Lessee shall make payment weight on the basis of an estimated/and such payment shall be subject to adjustment based upon the actual weight of the commodities involved when the same has been ascertained. That the sums to be paid by the Lessee ~n accordance with the schedule of rates hereinbefore set forth shall be in full payment of the rent reserved under this Lease and shall be in lieu of any and all other duties or wharfage fees chargeable or to become chargeable to vessels arriving at and utilizing the facil- ities of any landing, wharves or docks appurtenant to the leased premises for any purpose authorized under this Lease. That for and during the full term of this Lease the Lessee shall have the right to uso any and al~ rights of way which the Lessor may bave for ingress to and egress from tho leased premisos. That the Lessor reserves the right to enter upon said premisos at any time may deem necessary or expedient to maintain, repair and improve any and all existing sewers or sewage outlets in or upon same and to construct, maintain and repair any and all sewers and water lines which the Lessor may hereafter determine in or upon same in connection with its present sewage system or its <. "...., I ," . . . '.. . ,. ,. . 'proposed sewage disposal plant. provided that no storago sball be permanently occupied by any improvemont made by the Lessor. That the Lessee shall at its own cost and expense make any alterations, improvements or repairs of any kind on or about said premises during the term of this Lease and sball construct any new docks, wharves, warehouses or other structures which it may doom essoDtial to the conduct of its business upon said premises wit out liability or obligation of any kind to the Lessor. That at the termination of this Lease, the Lesse is to have the option of renewing same :Cor the period of Twenty (20) years upon tbe same terms and condi tions, p-rovided that said Lessee has during the first Five (5) years Of this Lease, time . bol1ng of the essence, expended the sum of Twenty-five 'thousand Dollars ($25,000.00) ~ for permanent or capital improvements upon said premises, otherwise there shall be ~o such option to renew. The Lossee agrees to submit annually to the Lessor an itemized statement of all such improvements made by it upon said premises. . That during the term of this Lease the Lessor shall have the right to examine reasonable time or times, for the purpose of ascertaining the actual weight of books of the Lessee, at the place where said books are usually kept and at commodities arriving at or departing from the Lessee's terminal upon said pre.ises. That at all times the Lessee shall carry public liability insurance in a sum not less than ,25,000.00 per person and $50,000.00 por accident for damages imposed by law due to personal injury and a sum not less than $10,000.00 for damages imposed by law for property damage, and shall carry workmen's compensation insurance adequate to c~ply with state I and federal laws, and to keep the buildings and personal property now on said premiscs which belong to said Lessor, or. which: shall hereafter.be erected, placed, or made th~reon; at all times insured in some reliable insurance company or companies, to be approved by the Lessor, against loss of tire and windstorm for at least the full insurable value ot said property payable to the parties as thoir respectl interests may appear. The Lessoe shall deposit with the Lessor policies of all such insurance, which policies shall provide that the same may not be cancelled except upon ten days notice in writing given to the Lessor. And the said Lessee docs covenant to quit and deliver up'said premises, and , , " . any buildings and improvoments which shall bereafter be erected, placed or made thereon, which shall be and remain the property of the Lessor, to tbe said Lessor peaceably and quietly at the end of the aforesaid term or at any previous termination thereof for any cause, in as good order and condition and state of repair, reasonable use and wearing tbereof and inevitable accidents excepted, as the same now are or may be improved, erected, placed, or made. It 1s agreed and understood that the Lessee sball pay promptly before penalty attaches thereto all taxes and assessments levied upon personal property owned by the Lessee and located upon said premises. That the title to all personal property, sucb as cranes, derricks, overhead traveling cranes, boppers, lifting apparatus, and tools, belonging to the Lessee and placed upon said premises for use in connection with the purpose of this Leale shall be and remain the property of the Lessee, removable upon termination bereof. That the Lessee will not make or suffer any waste upon said premises, and ._ _..__________..._..__._._. ..__.. .._..._n._..._.... .... ___ - -_..... - -. . shal~.~~~_ass~gn or underlet any part or portion of said premises without the written consent of the Lessor. No such assignment or sublease shall in any way altor, diminish or impair the duties and obligations of the Lessee herein pre- scribed; and every sucb assignment or sublease shall be in writing and sbal~~ Il1ad with the Lessor. Should the Lessee at any time deem it necessary to mort- g~ge all of its right, title and interest in this Lease for the purpose of rais- ing capital for the improvement, maintenance and operation of said terminal, and should such mortgage subsequently be foreclosed, then and in that event, the mo~tgagee, assignee 'or any purchaser at a foreclosure sale on sald mortgage, may acquire all of the right, title and interest of the Lessee in this Lease and the same shall not constitute a breach of the conditions and covenants hereof. That at no time shall the relationships of the parties under and pursuant to the terms of this Lease be construed as that of master and servant or princi- pal and agent; and all'actions 01 the Lessee hereunder, whether by word or deed, shall bo those of an independont contractor. That the Lessee shall indemnify and save the Lessor harmless frOlll any and all claims, domands or suits arising out of or in any way attributable to ne~li- gence on the part of anyone in connection wi th the use, occ,upancy or operation 01 the said prem1sGS; and shall defend at its own cost and expense any and all 4- { i I I . .- . .:~ . ;,. \'. . : legal actions instituted against the Lessor for damages alloged to have been caused by such negligence; and, upon final determination thereof, pay before entry of judgment therein the ..ount of any adverse verdict or verdicts rendered agalnst the Lessor, together with such interest, costs and disbursements as may be awarded the prevailing party; provided, however, that upon the commencement of any such legal actiomthe Lessor shall give prompt notice thereof by mail addressod to the Lessee at Stiltwater, Minnesota. And it the rents reserved hereunder, or any of them, whether the same be demanded or not, are not paid when they become due; or if said leased premises shall be appropriated to or used for any other purpose or use than is hereinbefore specified; or if any damage or waste shall be made tllereon; or it any part of said premises shall be underlet or this Lease be assigned without the consent of the Lessor as above specified; or if any term, condition or covenant of this Lease on tbe part of the said Lessee to be by said Lessee kept or performed, sball be violated or neglected, then and in either of said cases the said Lessee does hereby authorize and fully empower said Lessor or its agent to cancel and annul this Lease at once, and to re--enter and take possession of said premises immed- iately, and by force, if necessary, witbout any previous notice of intention to re-enter; and remove all persons andtheir property therefrom, and to use such force and assistance in effecting and perfecting such removal as said Lessor may deem advisable to recover at once full and exclusive possession of all said demised premises, whether in the possession of said Lessee or of third persons, or vacant; or said Lessor or its agent, may at its option at any time after such default or violatibn of condition or covenant, re-enter and take possession of said premises, without such re-entering working as forfeiture of the rents to be paid and the covenants to be. kept by said Lessee for the full term of this Lease. That in case the buildings ~ow or hereafter erected or placed upon said demised premises shall without fault or neglect on the part of the said Lessee or its servants or employees, be damaged or destroyed by natural erosion or land slides, tbe Lessee shall not be liable for such damage or destruction. AND IT IS MUTUALLY AGREED, That the covenants, terms and conditions ot this Lease sball extend, apply to and firmly bind tho successors and assigns of tho " ... l ... .~ . .. f. respective parties hereto as fully as tho respective parties are themselves bound, and shall supersede all prior leases and agreements between the parties. IN WITNESS WlmREOF, Both parties have caused these presents to be executed on the day of the date first above written, pursuant to a Resolution of the Council 01 the City of Stillwater, Minnesota, adopted September 17, 1958. 3i~ncd. Sealed and Jelivercd in Presence of: CITY ~~STILLIVATE'j IdINS~SOT'\ By /,;J~J (j~~---. "~~.h' rJ.. -. '. Co... . ,Attest: F7.~'-<....i"""'" , Ci ty Clerk ~_~~_ _Z- ~ )/(r?tl'd' a --/n..."" ) QCi.~~~ STILL;YATSll ST. CROIX BARGE TiJUIlNAL co. By ~~,~tfe Ct.~;a~ Its 7 ./ . , ~ ~~f) .Z" {;;:/ '::- -- .. --.f -, " - - ---..J t " l .1.?~ . . .' , . r fl ..: 't ...t.~ '. ..",'(~..~ . . . . . I" .' . . - . STATE 01' JrlINNESarA ) ) SS COUNTY OF WASHINGTON) On this 1 ~ ~ay of Septembor, 1958, before me app~ared Andrew Madsen and Lester R. Brower, who being first duly sworn by me did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, a municipal corporation which executed the ~oregoing instrument; that the soal affixed to said instrwnent is tho corporate seal of said City; that said instrument was executed in behalt of said City by authority of its City Councilj and said Andrew Madsen and Lester R. Brower ac~owledged the said ins ument to be the free~ct and deed of said corporation. ,/ ary Public, Washington County, Commission expires t. r':.I'-h"'. . . U"'L~.E. ...,..1' '~r,sl..OO ,." oJ,... ~. r.li'.:\'~" ...,.n , ".'" \'113~1o,r.Q't.o. ". "',.' I'.lI.'I.. 76, Iv. u C:oh\rr.i:l$oOn ..."... , . ..'~ '; .! STATE OF MINNESOTA ) ) SS COUNTY OF 'VASIIINGTON) On this __ ~Q.~ day of SepteDlber. 1958. bef.ore me appeare~ _ Fra!'lJL~.~.~1ple._ and E. A.. Lehrn1cke . who being by me d!lly sworn did say th\it 'they nrer8spec't:l vely the _Predden.L. and the Secretar;y ____ _ ot the Stillwat.er St. Croix Barge Terminal Co.. one oI the corporaUons ",h1c~, execu..":, tilt. foregolng instrument; that the seal affixed to said irastrUlllent is the COI".,," .f se..l ot said c:orporationj that said 1nstrume\lt was execut.ed 11: behalf 0; said (:...r- poration by aU1;hority of its Board of Director" j and th", said _ ~:~,!!k E. .!!I?!!t... _ __. fl."ld --!-. Jl. Lehmicke acknowledged said instrulllcllt to be thE) fret> act and cte,~d' ot said corporation. ~ ~"rt1 f\l~~ . .- -. .~. \itJ' , . -_...-.,.... Nota.r..},j~Ol'DJl q I ~'i ti,:.~~~~y, Mill:l. lfy ~is~~\1\~xu~..a.d..::rLw. ~? 19. f !\ .~~ - t 1I7::'!L-....,.. '-~-" '.' 1 ~b? ADDENDUM AND LIMITED EXTENSION AGREEMENT THIS AGREEMENT is made this 17th day of February, 1998, between the City of Stillwater, Washington County, Minnesota, a Municipal Corporation, ("City") and Stillwater St. Croix Barge Terminal Co., a Minnesota Corporation, Aiple Towing Company and Elaine J. Aiple, ("Aiple"). 1. The City and Aiple are parties to a Lease (the "Lease") made on the 22nd day of September, 1958, with regard to property adjacent to the St. Croix River commonly known as the Barge Terminal property described with more particularity in Exhibit "A" ("Leased Property"). 2. The Lease will be terminated according to its temis at the expiration of forty (40) years, which will occur on the 22nd of September, 1998, and at that time Aiple will have no right, title or interest in the Leased Property. 3. Aiple has requested that the City grant a limited extension to the Lease for only a part of the Leased Property, more particularly described in Exhibit "B" ("the Extension Property"). 4. The purpose of this limited extension would be to allow Aiple to finish work that is in process in order that Aiple be allowed to vacate the Extension Property without damage or waste and with minimum disruption of the present business cycle. This limited extension with regard to the Extension Property will not operate to extend the Lease on the remainder of the Leased Property which will be terminated in all ways on September 22, 1998. 5. In return for the limited extension with regard to the Extension Property, Aiple agrees to allow the City immediate possession of the remainder of the Leased Property subject to the limitation that the City's use and possession of the property may not interfere with or impede the "winding up" activities of Aiple remaining to be done on the Leased Property. Further, the City will sign and post the area north of the entrance road near the highway main as a restricted access area so that public use of the area near the Terra Building and crane will be restricted. The signage will direct the public to the area south of the entrance road. Further, because of the public use that will be made of the Leased Property before September 22, 1998, the City agrees to indemnify, hold harmless and defend Aiple against any claims that arise by reason of the public use of the Leased Property after the signage of the Agreement and before September 22, 1998. 6. That the City hereby grants to Aiple an extension of the Lease until the 3151 day of December, 1998, with regard to the Extension Property described in Exhibit "B", and the terms of the Extension will be the terms of the original Lease. 1 , . 7. That this Limited Extension will not serve to bind the City to any further extensions or to create any rights of any kind, vested or otherwise, in the Extension Property or the remainder of the Leased Property. 8. Any lease rights in the remainder of the Leased Property will terminate according to the original Lease on September 22nd, 1998. CITY OF STILLWATER ~~ ay . Ie ayor ATTEST: mO'll. " /1)1 M-In Modi eldon, Clerk STILL WATER ST. CROIX BARGE TERMINAL CO. .. ) ) ss. COUNTY OF WASHINGTON) On this 1~"1fay of March, 1998, before me appeared Jay L. Kimble and Modi Weldon, respectively the Mayor and the Clerk of the City of Stillwater, a municipal corporation, who executed the foregoing instrument at the free act and deed of the City. ~h:f~ Notary Public STATE OF MINNESOTA e NI~eoa NOTARY NGTON COUNTY . WASH! ElqllresJIL31.toOO .. My~ STATE OF MINNESOTA 2 EXHIBIT" A" All that part of Government Lot One (1), Section Twenty-seven (27), and of Government Lots Two (2) and Three (3), Section Thirty-four (34), in Township Thirty (30) North, Range Twenty (20) West, described as follows: Commencing at the Meander Comer of the West line of said Section Twenty-seven (27) where said West line of Section Twenty-seven (27) intersects the Westerly shore line of Lake S1. Croix, thence South along said West line of said Section Twenty-seven (27) to its intersection with the Easterly right of way line of the Chicago, S1. Paul, Minneapolis and Omaha Railway; thence Southerly along said right of way line to the North line of Lot Five (5), Block One (1), of Hersey, Staples and Co.'s Addition to Stillwater, extended West to the said Easterly right of way line of said Chicago, S1. Paul, Minneapolis and Omaha Railway; thence East along the North line of said Lot Five (5), Block One (1) as extended and along the North line of said Lot Five (5), Block One (1), and an extension thereof to the Westerly shore line of Lake S1. Croix; thence in a Northerly direction along the Westerly shore line of said Lake S1. Croix to the point of beginning. EXHIBIT" A" EXHIBIT "B" The South 1200 feet of the property described in Exhibit "A". EXHIBIT "B" " JUt 13 1998' John G. Hoeschler, P.A. ATTORN~ 1400 AT&T Tower, 901 MarquetteAvenue Minn.eapolis, Minnesota 55402-3264 612-305-1466 (Fax) 612-305-1419 ; . iuly 8, i 998 J Mr. Nile Kriesel Stillwater City Coordinator City Hall 216 North 4th Street StillMter, MN 55082 Dear Nile: This letter is to confirm the arrangements for the turnover of the rest of the Aiple leased land to the City and the gift of the office boat and barge. I understand that the Council has approved the offered gift. As of July 15. 1998, Stillwater S1. Croix Barge Terminal Company will terminate its rights and obligations to the "Extension Property" under the Addendum and Limited Extension Agreement dated February 17, 1998. Prior to that date, the tenant will have removed all of its personal property and as of that date, you will be responsible for the property and the office boat and barge moored adjacent thereto. As soon as I receive a copy of the marine survey of the two vessels, I will prepare for signature by Elayne a Bill of Sale to evidence the gift of those two vessels to the City. Because of their age, they are unregistered. We understand that you will assume all liability and risk ofloss for those vessels as of July 15, 1998. The tenant will pay the June NSP bill and then ask NSP to transfer subsequent bills to the City. We are also . asking the state to transfer our storm water retention perinit to the City. If you have any questions or can think of anything else that should be done, please give me a call. Jo cc: David Magnuson Elayne Aiple .. . 1428 Pacific Slreel (612) 778-2437 'AX (612)778-2438 .. 1l@W MARINE SURVEYORS . GENERAL ADJUSTERS . APPRAISERS INCORPORATED SAINT PAUL. MINNESOTA 55106 CONDITION AND VALUE SURVEY 1998 Deck Barge - 60' x 35' x 6' Aiple Marine Tow, Inc. Ref. No. 27298-5 Date of Survey - June 26, 1998 DESCRIPTION OF VESSEL July 8, 1998 Name - None Built - 1998 by Aiple Marine, Stillwater, Minnesota Type of Vessel - Deck Barge Tanks and Voids - Box bow, box stern, three port and three starboard . " compartments with center line bulkhead Approximate Displacement - 54.3 ton Plating - Vessel is constrpcted with 3/8" bottom plating and 1/4" side, deck and bulkhead plating Framing - Longitudinal Side Angles - 4" x 3" x 3/8" on 18" centers Longi,tudinal Deck and Bottom Angles - 4" x 3" x 3/8" on 24" centers Vertical Side Channels - 10" x 15.3 lb. on 5' centers Vertical Deck Support Angles - 4" x 3" x 3/8" spaced 2' laterally and 5' longitudinally Bulkhead Framing - 4" x 3" x 3/8" on 2' center~ Radius Corners - All fabricated with 4" x 3" x 3/8" angles Deck Equipment - 6 flush manholes 4 port and 4 starboard 36" pipe kevels 2 stern 9" buttons 2 starboard 13" x 13" external spud wells and spuds Paint and Coatings - Externally coated with red primer CONDITION Vessel was found in new condition, built in three sections, launched and welded together while floating. Bottom seams had not been externally welded at time of survey. Vessel has an approximate 3" diagonal distortion with the two diagonally opposite corners lower than the opposite two corners. Surveyor's note: It is recommended vessel be dry docked and bottom seams welded prior to any heavy use for construction equipment or loading with cargo. Flush manholes with 3/8" deck radius angles allow all rainwater on deck to drain into void compartments. It is recommended raised manholes or manhole coamings be installed to prevent rainwater from entering compartments. ~ It is the opinion of the undersigned surveyor this vessel in its present condition has an approximate value of $80,000 to $85,000 based on present shipyard costs of new construction. Survey is submitted without prejudice to any parties or prinCipalS thereto. GKS/tt -Xl K A,luvtffi. /161- G. K. Shurb, Surveyor Corrsspondenl- Am.ttc:an In.lllu'. Of "'atlne Undo"",,tIIets 1428 Pacific Slreel 16121778-2437 fAX 16121 778-2438 .... 1l@W MARINE SURVEYORS . GENERAL ADJUSTERS . APPRAISERS INCORPORATED SAINT PAUL. MINNESOTA 55106 VALUE SURVEY Ex Motor Vessel .Cayuga- Aiple Marine Tow, Inc. Ref. No. 27298-5 Date of Survey - June 26, 1998 DESCRIPTION OF VESSEL JulV 8, 1998 M.V. "Cayuga", built 1929 by Nashville Bridge Company, is an all steel riveted and welded towboat, with overall hull dimensions of 120' x 26' x 8'. Vessel was originallY powered with 1800 HP G.M. diesel engines, formerly named "W. W. Fischer" from 1929 to 1935 and "Kormorant" from 1935 to 1956 and renamed by Aiple Towing Company, Stillwater, Minnesota. Engines have been removed and vessel is presently converted to offices on the main deck. Vessel is equipped with a steel and wood first deck cabin presently converted for offices. Vessel has a second deck pilot house and an aft second deck living quarters. The hull of the vessel was given a cursory survey with a hole noted in the bow compartment at the center line keel. A 110 volt sump pump is presently used to intermittently pump the bow compartment. The internal area of the remainder' of the hull contains an oil fired furnace and electrical control panels, No determination has been made on the condition of the hull plating and full inspection would require dry docking. Due to the length of time since its last dry docking, it is assumed external coatings would have a high degree of failure. SHORE RAMP A 50' X 10' shore ramp constructed of steel beams and plating will facilitate small vehicles such as piCkUps and autos to deliver goods and materials to the vessel. ~ It is the opinion of the undersigned surveyor, this vessel in its present condition has a minimum value of approximately $10,000 to $15,000 with ramp. With hull repaired, re-coated and exterior of cabins repainted and repaired, it is our opinion, vessel would have an actual cash value as a floating office of $20,000 to $25,000 with ramp. Survey is submitted without prejudice to any parties or principals thereto. A. 1(. A1uvzi~)t# GKS/tt G. K. Shurb, Surveyor CorrespondlJnt _ Am.,.can Insmut. of Marine UnOerw('t.,s .', . , ,~ ...J0'1 .., .. MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET . SUITE #202 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464 . TELEcOPIER: (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Nile Kriesel, Stillwater City Coordinator J David T. M,agnuson, Stillwater City Attomey~ FROM: DATE: July 22, 1998 SUBJECT: Vessels received from Aiple As I mentioned to you earlier, my son, Jim, works for Upper River Services in St. Paul and their business is fleeting barges going up and down stream and fixing and maintaining tug boats and barges here in St. Paul. They are really the only surviving entity in the Twin Cities that now deals with this sort of work. In view of the fact that we know nothing about what should be done with these vessels, I taJ!ced to them to get a rough idea of their recommendations. CaYUia: They said, first of all, that the vessel cannot be separated from electricity unless a gas pump is installed because of the leak in the hull. The cost to tow the Cayuga to St. Paul and to pull it out of the water and back to Stillwater would be approximately three thousand five hundred and nolI 00 dollars ($3,500.00). They indicated that the marine survey shows only one hole but there usually are surprises when it comes out of the water. Once out of the water, they would recommend that the hull be "audio gauged" which is an electronic determination of the thickness of the hull which has a bearing on how often it should be inspected and what work should be done on the hull and whether it should be coated with either paint or a coal tar epoxy. They estimate the cost of audio gauging would be approximately five thousand and noll00 dollars ($5,000.00) and a recoating with a coal tar epoxy could cost around two thousand and nolI 00 dollars ($2,000.00). .~ . pI ~ Nile Kriesel Page 2 July 22, 1998 A man named Dave, who now works for Harbor Services, was Aiple's yard manager for a number of years and always told Frank that the hull should be inspected and fixed. Harbor Services definitely recommends that this be done but suggested that interior repairs and carpentry be done by volunteers as part of a City project. They don't see a problem with allowing the Cayuga to freeze in but, of course, security is always a concern with a boat in a remote lOCation. They are also aware that the fuel tank that holds diesel fuel on the Cayuga leaks. If more than two thousand (2,000) gallons of diesel fuel is put into the tank, it leaks into the engine room. Harbor Services said that less than two thousand (2,000) gallons should be installed but that they would recommend that the fuel tank leak be fixed. Flat Barie: With regard to the flat barge, they would recommend that the barge not be used either by Lametti or the Corps in view of the beating that they would give the vessel. They would recommend that it be hauled to S1. Paul and coated with a coal tar epoxy and perhaps a fender system of channel steel be put around the barge to protect it from collisions. They think that the barge could be coated with this coal tar epoxy for approximately two thousand and no/lOO dollars ($2,000.00) and if this were done and ifit were used for light duty, it could be used for lifetime without further work barring collisions that do damage to the hull. Ifboth the Cayuga and the barge were towed to S1. Paul, at the same time, the three thousand five hundred and nolI 00 dollars ($3,500.00) fee would go up a little bit since it would slow them down but, would not double. They could do the Cayuga hull patching with about two (2) weeks notice but they could also tow both boats to St. Paul and do the hull work over the winter and as soon as the weather permits in the spring, put the epoxy coating on since the weather must be wanner and it takes about five (5) days to dry. If you'd like further information about this, you can talk to my son, Jim, or his boss, Lee, at Upper River Services, 40 States Street, St. Paul, Minnesota. Their telephone number is 292-9293 and their fax number is 227-8456. Let me know if you need more on this. DTMlds PROPERTY PROPOSED FOR LEASE BY THE CITY OF STILLWATER As required by Chapter 16.01 of the Stillwater City Charter, the City of Stillwater is required to provide official notice and description of certain la,nds that it intends to lease. The below describeq and mapped site is proposed to be leased by tDe City on or after November 1, 1999. . Property proposed for lease: The Property is described on the attached Exhibit" An, where currently a City owned barge entitled the "Frank En is moored along with a City owned vessel known as the "Cayuga", a vessel that is held by the City for future' use as park facility, but that is in need of substantial repair. The City proposes to lease the site to Max Todo, Marine Services, Inc. for an initial three (3) year period and two (2) one-year extension periods to use as the Marine Service facility. For rent payable to the City during the term, Max Todo will perform needed repairs to the Cayuga. The order and timing of the work will be determined by Max Todo but all work must be completed during the initial three (3) year term. As additional rent, Max Todo will move the City barge from the Property to Lowell Park for the Lumberjack Days celebration and without charge to the City and return it to its mooring site on the Property. This will not prevent Max Todo from charging ptivate parties for services rendered to them beyond the mooring and spudding down of the barge. Max Todo will also, at the end ofthe term, move the Cayuga to its final location, without charge to the City. A public hearing will be held for the purpose of considering the lease of above described property on November 2, 1999, in the Council Chamber at Stillwater City Hall, 216 North Fourth Street, at 7:00 p.m. or as soon thereafter that it can be heard. Written comments, submitted prior to the meeting will be considered. Publish: October 5, 11, 18 and 25, 1999 LEASE AGREEMENT THIS AGREEMENT made this 16th day of December, 1999, between the City of . Stillwater, Washington County, Minnesota, a Home Rule City of the Third Class ("City") and Max Todo, Marine Services, Inc., a Minnesota corporation, with offices at 16355 - 18th Street South, Lakeland, Minnesota 55082 ("Max Todo"). 1. Recital. The City is the owner of real estate with frontage on the St. Croix River ("Property"), part of which was formerly rented to Aiple Towing Company who operated a barge terminal facility from the site. 2. The Prqperty. A portion of this Property is the subject of this Lease and is described on the attached Exhibit "A", the Property where currently a City owned barge entitled the "Frank E" is moored along with a City owned vessel known as the "Cayuga", a vessel that is held by the City for future use as park facility, but that currently is in need of substantial repair. 3. Thrm. The City is willing to lease the site to Max Todo by this instrument for an initial three (3) year period and tWo (2) one-year extension periods on the consideration and according to the terms set forth in this Lease Agreement. 4. &au. As and for rent payable to the City during the term of this Agreement, Max Todo will perform repairs to the Cayuga according to the repair items list schedule attached to this Agreement as Exhibit "B". The order and timing of the work will be determined by Max Todo but all work must be completed during the initial three (3) year term of this Agreement. As additional rent, Max Todo will move the City barge from the Property to Lowell Park for the Lumberjack Days celebration and return it to its mooring site on the Property at no charge to the City. This provision will not prevent Max Todo from charging private parties for services rendered to them beyond the actual mooring and spudding down of the barge. Max Todo will also, at the end of the term of this Agreement, move the Cayuga to its final location, without charge to the City. Any use of the barge by Max Todo or others will require prior approval of the City Coordinator. 5. A,ppearance. Max Todo agrees to maintain the physical appearance of the Property in its present condition and promises to erect no additional out buildings or structures on the Property. .. . " 6. Mooring. Max Todo will be allowed to bring to the Property and moor on the Property a marine crane, tug boat, additional barges, material for the construction of new barges, welding equipment and additional boats and vehicles as needed to reasonably maintain their , business. 7. Landscaping. Max Todo will also plant shrubs, annual and perennial flowers, grade the access road, cut and trim brush and weeds, and maintain the Property in a presentable fashion. 8. Lock Out Gate. Max Todo will construct lock out gates that will be installed to secure the Property and prevent public access to the Cayuga, the barge and their business property . 9. Waiver. Max Todo also agrees and waives by this Lease any claim that they might otherwise have to compensation as a lessee in possession under any state or federal law or rule should the property be needed to accommodate construction of an interstate bridge, bridge piers or abutments or other possible bridge construction impacts in the event the Property or any part of it is needed for bridge construction or bridge construction impacts or is affected by bridge construction impacts. Max Todo upon ninety (90) days written notice by the City agrees to accommodate any such construction or impacts. In that event the City agrees to reasonably explore relocation of Max Todo for the remainder of the Lease period as long as a relocation does not involve expense or charge to the City and the accommodation can reasonably be made. If reasonable accommodations can not be made without charge to the City, Max Todo agrees to vacate the Property leaving it in as good as condition as it is now found, waive any claim for \ material or work done to the Cayuga, the barge or the premises and this Agreement will be null and void. In that event, Max Todo will be relieved from further repairs to the barge or Cayuga. 10. Mooring Visitors. Max Todo also agrees to reasonably accommodate, at the request of the City, any marine services who are temporarily working on public projects on the 81. Croix River on a temporary basis and who are in need of loading, unloading or mooring vessels involved in this work. This provision will be operative on a case by case basis and may not unreasonably disrupt Max Todo's operations, or provide a competitor with an unreasonable advantage. 2 11. Insurance. Max Todo must insure the Property against all risks and provide the City with a certificate of insurance evidencing $1,000,000 combined single limits coverage on their operation, naming the City as an additional insured as their interest may appear. The City will either self insure the Cayuga with regard to marine risks including hull risks or, if feasible, as the Cayuga increases in value, secure marine insurance including hull coverage on the Cayuga. 12. Prohibition Assignment. This Agreement and the rights granted hereunder may not be assigned or transferred by Max Todo without the prior written consent of the City. 13. Conditions Precedent. This Agreement will not be effective unless all City Charter provisions that pertain to the use of City owned land have been followed and approved by the City Council or the voters in the event that a referendum and also the approval of the United States Army Corps of Engineers and the Minnesota Department of Natural Resources. IN WITNESS WHEREOF, the parties have set their hands this 16th day of December, 1999. CITY OF STILLWATER BY:~ J .. Ie, Its ayor ATTEST: I~~ lllJ~ Modi eldon, Its City Clerk MAX TODD, MARINE SERVICES, INC. By: 11- L 1Z'.'lf- Thomas F. Huningh e President Its: By: Its: 3 , . \ ' STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this 16th day of December, 1999, by Jay L. Kimble, Mayor and Modi Weldon, Clerk, for the City of Stillwater. 8 NILE L KRIESEL NOTARY PUBlJC.MtNNESOTA . WASHINGTON COUNTY ... My CommIssion Expires Jan. 31. 2000 .-;:p --d/ ..(. ~ ~ 4 d P Notary Public STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this 16th day of December, 1999, by Thomas F. Huninghake, the President, and Audrey J. Guild, the Secretary, duly authorized agents for Max Todo, Marine Services, Inc., a Minnesota corporation. e. NILEL KRIESEL . NOTARY PUBUC-MINNESOTA . WASHINGTON COUNTY .. My Commission ExplreS.Ian. 31. 2000 & ~Lt~~~~~L Notary Public 4 .>IlI. ., I"' I I I I I ' ' , .. .' ~ ! " ~ , ~ ":l , 1 ;. ~ " L I I I I - I I I l l .. ~ '!l C) t ; I 1 - "-. o '0 fin .... . ! v " "" t\ "'\ t' ~ " f\ ~ )- "< ~ ~ .... ~ "'t . I ~ \ (\ '" '" 6 , . 6 \... . . I.... \' ~~ :- , \ , '. I. i t "'~'-- , ... ~... ".... ,..-.J .t:::=..... "'>('- ;'~ 1/ . t I 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) 9.) 10.) 11.) 12.) 13.) 14.) 15.) 16.) 17.) List of Repair Items Repair and or replace broken windows. Repair holes in deck. Repair roof. Lock for hatch cover. Intense inner hull and bilge cleaning. Removal of any remaining fuel and or lubricants. Reinforce Collision Bulk Head to be water tight. Aft Bulk Head to be raised 3' to 4' and reinforced. Shaft Bulk Head to be raised 3' to 4' and reinforced. Contain current leaks and future leaks. Emergency pumps plumbed in and installed. Paint removal and new paint. , , . '. Permanent repair of Bow Tank. Level Alarm System. Removal of any unnecessary pipes, wire, tanks, etc. Lock-Out Gate. Clean up grounds and plant flowers and shrubs for aesthetics. 5:>< -/~8 " ADDENDUM NO.1 TO LEASE AGREEMENT '?\~ ~ .... ~~~ ~\\ ~ ~,~ '" ..'t.~"'"""' ~ \J.~. - v...:...'" o . \..\. '" ~ C-O~'( ~ '(0,-, ~~'i.~ \ .. S,.,-- This Addendum made this 3..L day of January, 2003, between the C: Washington County, Minnesota, Home Rule City of the Third Class ("City") Marine Services, Inc., a Minnesota corporation with offices at 16355 18th Street South, Lakeland, Minnesota 55043 ("Max Todo"). PURPOSE The parties to this Addendum are the parties to a Lease Agreement made the 16th of December, 1999, and by this Addendum wish to restate Section 3 of the Lease Agreement to hereafter read as follows: "3. Term. The City is willing to lease this site to Max Todo by this instrument for an initial three (3) year period and a three (3) year extension on the consideration and according to the terms set forth in this Lease Agreement. Notwithstanding this paragraph as to term, if the property is needed by the City, the State of Minnesota, or the United States of America for a staging area or for any other reason in connection with construction of a new interstate bridge crossing at Stillwater, Max Todo will make the property immediately available to those entities or their contractor or agents on a cooperative basis. If, however, the necessary government use of this property is not compatible with Max .Todo, the term of use will terminate six (6) months after mailing a Notice of Termination for this purpose by the City. By this Addendum the parties wish to restate Section 10 of the Lease Agreement. A new provision. is added to Section 10 of the Lease Agreement to hereafter read as follows: "lO(a). Max Todo will allow Ampicar launchings from the existing ramps on the site at all reasonable hours. Ampicar owners may also park vehicles-on.the site in areas designated by Max Todo. Max Todo may also allow Ampicar owners access to.. any locked gates on the premises to acconunodate Ampicar launching during the time when Max Todo is not present at the site. This provision is established for the 2003 boating reason and must be reviewed annually. , .' " ' ~ Further, the list of repairs set forth on Exhibit "B" is modified to set forth a new Exhibit "B" to reflect the remaining repair to be completed during the remaining term." In all other ways, the Lease Agreement dated the 16th of December, 1999 will remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands this 3'~"""day of January, 2003. By: and MAX TODO, MARINE SERVICES, INC. By 11..... r 14--.~ Thomas F: Huninghake Its: President . ,f. ( BY~' b~ Audrey J. d Its: Secretary STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) ~ The foregoing instrument was acknowledged before me this ~ day of January, 2003, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. _~ i7f~--rnM1.L- Notary Public SUSAN l O'BRlE~OORE NOTARY P\BJC .IINNESCJrA My CommIssIoft &pINI_ 31. 1n0 .' .. STATE OF MlNNESOTA ) ) ss COUNTY OF WASHINGTON ) .;- The foregoing instrument was 'acknowledged before me this R day of January, 2003, by Thomas F. Huninghake, President and Audrey J. Guild, Secretary, duly authorized agents for Max Todo, Marine Services, Inc., a Minnesota corporation. ~~~ e DAVID TERRY MAGNUSON I NOTARY PUiUC. MNESOTA " My CammIssIon &pm ... 31. 2010 a '0.)' . '" MAGNUSON LAw FiRM .' LICENSED IN MINNESOTA AND WISCONSIN , THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET . SUITE #202 . STILLWATER, MN SS082 TELEPHONE: (6S1) 439-9464 . FACSIMILE: (6S1)439-S641 DAVIDT. MAGNUSON MARGARET M. MURPHY MEMORANDUM TO: Larry D. Hansen, City Administrator FROM: David T. Magnuson, City Attorney DATE: January 6, 2006 RE: Max ToDo Lease Extension I received a rather anxious call from Tom and Pixie Hunninghake with regard to their lease for their barge and towing operation. Their call surprised as well, since another three years has passed, and their lease technically expires on the 7th of January. I enclose a copy of the original lease and the addendum for your quick review. I am not sure whether you would like to propose an extension for approval by the City Council, or whether you would like their thoughts before we begin negotiations for renewal. Call me with any questions. Yours very truly, David T. Magnuson Inm Enclosure . . , . .' ADDENDUM NO.2 TO LEASE AGREEMENT This Addendum made this _ day of January, 2006, between the City of Stillwater, Washington County, Minnesota, Home Rule City of the Third Class ("City") and Max Todo, Marine Services, Inc., a Minnesota corporation, with offices at 16355 18th Street South, Lakeland, Minnesota 55043 ("Max Todo"). PURPOSE The parties to this Addendum are the parties to a Lease Agreement made the 16th of December, 1999, and amended by Addendum No.1, dated January 31, 2003, and by this Addendum wish to restate Section 3 of the Lease Agreement to hereafter read as follows: "3. Term. The City is willing to lease this site to Max Todo by this instrument for an additional three (3) year period ending January 31, 2009 in consideration and according to the terms set forth in the Lease Agreement. Notwithstanding this paragraph as to term, if the property is needed by the City, the State of Minnesota, or the United States of America for a staging area or for any other reason in connection with construction of a new interstate bridge crossing at Stillwater, Max Todo will make the property immediately available to those entities or their contractor or agents on a cooperative basis. If, however, the necessary government use of this property is not compatible with Max Todo, the term of use will terminate six (6) months after mailing a Notice of Termination for this purpose by the City. By this Addendum the parties wish to restate Section 10 of the Lease Agreement. A new provision is added to Section 10 of the Lease Agreement to hereafter read as follows: "10(a). Max Todo will allow Ampicar launchings from the existing ramps on the site at all reasonable hours. Ampicar owners may also park vehicles on the site in areas designated by Max Todo. Max Todo may 'also allow Ampicar owners access to any locked gates on the premises to accommodate Ampicar launching during the time when Max Todo is not present at the site. This provision must be reviewed annually. Further, the list of repairs set forth on Exhibit "B" is modified to set forth a new Exhibit "B" to reflect the remaining repair to be completed during the remaining term." .. ~ . In all other ways, the Lease Agreement dated the 16th of December, 1999 will remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands this _ ~y of January, 2006. CITY OF STILLWATER By: Jay L. Kimble, Its Mayor and Diane F. Ward, Its City Clerk MAX TODO, MARINE SERVICES, INC. By Thomas F. Huninghake Its: President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of January, 2006, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of January, 2006, by Thomas F. Huninghake, President, duly authorized agent for Max Todo, Marine Services, Inc., a Minnesota corporation. Notary Public . " AMENDED EXHIBIT B List of Repair Items 1.) Repair and or replace broken windows. 2.) Repair holes ia deek 3.) Repair roof. 4.) Loek f-or hatch eo':er. 5.) Intease inner hull and bilge eleaniag. 6.) Removal of any r-emaining fuel and or labrieants. 7.) Reiaf-orce CollisioB Bulk Head to be '::atel' tight. [8.) Aft Bulk Head to be raised 3' to 4' and reinforced.] [9.) Shaft Bulk Head to be raised 3' to 4' and reinforced.] 10.) Contain current leaks and future lealcs. 11.) Emergency pumps plumbed in and installed. 12.) Paint removal and new paintThe Cayuga and the leased premises must be maintained in a respectable condition. 13.) Permanent repair of Bow Tank. 14.) Le'lel.^..larm System. 15.) Removal of any unnecessary pipes, wire, tanks, etc. Hi.) Lock Out Gate. 17.) Clean up grounds and plant flowers and shrubs for aesthetics. As of the January, 2003 renewal date of the Lease, Items 2, 3,4,5,6, 7, 10, 14, 16 and 17 of the above list have been satisfactorily completed; Items 8 and 9 have not been completed, but in view of the fire danger involved with welding below deck, performance of these items is excused; Item 12 is modified to state that "the Cayuga and the leased premises must be maintained in a respectable condition; the remaining Items 1, 13 and 15 must be completed during the remaining term (2003-2006). As of January, 2006, Items 1 and 13 have been completed. Item 15 has also been completed at this time, but as time passes and repairs are made, more pipes, wires and tank become unnecessary. In that sense, Item 15 is on going in nature .\ . ,~ .. ADDENDUM NO.3 TO LEASE AGREEMENT This Addendum made effective the _ day of April, 2009, between the City of . Stillwater, Washington County, Minnesota, Home Rule City of the Third Class ("City") and Max Todo, Marine Services, Inc., a Minnesota corporation, with offices at 16355 18th Street South, Lakeland, Minnesota 55043 ("Max Todo"). PURPOSE The parties to this Addendum are the parties to a Lease Agreement made the 16th of . December, 1999, and amended by Addendum No.1, dated January 31, 2003, and by Addendum No.2, dated January, 2006, wish to restate Section 3 of the Lease Agreement to hereafter read as follows: "3. Term. The City is willing to lease this site to Max Todo by this instrument for an additional three (3) year period ending January 31, 2012 in consideration and according to the terms set forth in the Lease Agreement. Notwithstanding this paragraph as to term, if the property is needed by the City, the State of Minnesota, or the United States of America for a staging area or for any other reason in connection with construction of a new interstate bridge crossing at Stillwater, Max Todo will make the property immediately available to those entities or their contractor or agents on a cooperative basis. If, however, the necessary government use of this property is not compatible with Max Todo, the term of use will terminate six (6) months after mailing a Notice of Terminati.on for this purpose by the City." By this Addendum the parties wish to restate Section 1 0 of the Lease Agreement. A new provision is added to Section I 0 of the Lease Agreement to hereafter read as follows: "IO(a). Max Todo will allow Ampicar launchings from the existing ramps on the site at all reasonable hours. Ampicar owners may also park vehicles on the site in areas designated by Max Todo. Max Todo may also allow Ampicar owners access to any locked gates on the premises to accommodate Ampicar launching during the time when Max Todo is not present at the site. This provision must be reviewed annually. " lio Further, the list of repairs set forth on Exhibit "B" is modified to set forth a new Exhibit "B" to reflect the remaining repair to be completed during the remaining term." In all other ways, the Lease Agreement dated the 16th of December, 1999 will remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands this _ day of 2009. CITY OF STILLWATER By: Ken Harycld, Its Mayor and Diane F. Ward, Its City Clerk MAX TODO, MARINE SERVICES, INC. By Thomas F. Huninghake Its: President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of 2009, by Ken Harycld, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public -2- . .. f;, . ,.. STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrwnent was acknowledged before me this day of 2009; by Thomas F. Huninghake, President, duly authorized agent for Max Todo, Marine Services, ~c~, a Minnesota corporation. Notary Public - 3 - C' r r City Council Meeting 99-21 September 21, 1999 Nays: None 4. Final plat approval. Phase m, Legends of Stillwater, Pemtom Land Company, Dan Herbst, applicant. Community Development Director Russell explained that an overall gradingldrainage and utility plan has been reviewed and approved. There are two parks beins dedicated as part oftbis addition. Concrete pedestrian street crossings will be installed when the fiDallift ofb1acktop is laid. The developer will also be working with the engjnear on the parking lot, pathway and surfacing improvements. Planting aroWld wetlands and ponds sba11 be planted with native plants suited to the enviromnent. Administrative design review is required on aU lakeshore lots and Staples Place lots. All dedications and easements will be viewed before final plat recording and development agreement amendment Motion by Councilmember Thole, secoqded by Councilmember CummiJ;J.gs adopting Resolution 99-211 approving final plat for Legends of Stillwater 3"' Addition, as conditioned. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None s. Consideration of form of lease agreement with Max Todo and approval of language for , publication of charter notice. City Attorney Magnuson stated that the City is proposing to lease the barge entitled the "Frank En and the vessel known as the "Cayuga" to Max Todo Marine Service, Inc. for a three year period and two one-year extension periods. Max Todo will perform repairs to the Cayuga and will move the barge to Lowell Park for the Lu:mbe1jack Days Celebration. All other requirements as laid out in the agreement will be 1Ilet. Mr. Mapuson also stated that he needs to add language regarding the insunD,:lce req~ provision andreprding permission to move the property. Mr. Magnuson also stated that the City will need to publish a notice of property proposed for lease by the city in the legal newspaper. Motion by Councilmcmber Thole, seconded by Councilmember Bealka adopting ResolatloD 99-272 approvi,ns the lease agreement with Max Todo Marine Service, Inc. for lease of the barge entitled the "Frank E" and the vessel known as the "Cayugan and approving publicati~ of the notice of property proposed for lease. Ayes: Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor ,Kimble Nays: None 6. Right of Entry agreement with 1im Bradshaw. Mayor Kimble stated that Jim Bradshaw would be willing tosi$D the right of entry agreement for the extension of Curve Crest Boulevard onto his property if the City would give him the following assurances: a) the City would be flexible on S acre zoning, b) that the City would consider more state aid funds for future extension of Curve Crest , (Frontage Rd.), and c) the he is given some credit against park dedication. 6 . ", , r r . . . City Council Meeting No. 99-24 November 2, 1999 Motion by CounciImcmbcr Thole, seconded by Councilmember Zoller to adopt Raol.UOD ,9- 327 ordering the preparation of a report for the 2000 Street Improvements, Project 2002. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor KUnble Nays: None CO~~IL REOUESTS Councilmembcr Bealka presented Council with a shovel1iom Kellison CODlPany used at the Ace Hardware groundbPl81ri"S. Motion by Councilmember Thole, seconded by Councilmember BCaIka to adjourn at S:40 p.m. to Executive Session to discuss possible acquisition of1md. All in favor. RECESSED MEETING 8:00 P oM The meeting was called to order by Mayor Kimble Present: COUDcilmembers BeaIka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson PUBLIC ~ARING 1. This is the day and time for the public hearina to consider the lease of property where , currently a city.owned barae entitled the "F,'rank B" is moored aloq With a city-owned vessel known as the "Cayuga", to Max Todo Marine Services, Inc., for an initial three year period and two one-year extension periods to use as the Marine Service facility. Notice of the hearing was published in the Stillwater Gazette on October S, 11, 18, and 2S, 1999. City Attorney Magnuson explained the lease agreement with Max Todo. The apeemcnt was approved by Resolution 99-272 on September 21, 1999, contingent upon Council action to proceed with the lease after the holding of a public bearing as requirecl by the City Charter. The property with frontage on the St. Croix River was formerly rented to the Aiple Towing Company for the operation of a barge terminal facility fi'otn the site.' As rent, Max Todo will perform repairs to the Cayuaa as detailed in the agreement. The work must be completed during the initial three year term of the agreement. Any use of the barae by Max Todo or others will require approval of the City Coordinator. Provisions are il1cluded for the maintenance of the premises, mooring use, landscapina, the construction ofa lock out gate, md insurance. City Coordinator Kriesel noted this is a good use of tile property. There is currently no tbnding available to make improvements to the property. In addition, the City mUst wait for a MnlDOT decision on the construction of the intelstate bridge in order to determine the impact on the Aiple property. The lease and use of the property provides a source of ~ security for the property in the interim. I, The Mayor opened the public hearing. There were DO requests to be heard. The Mayor closed the public hearing. 6 . I' . (" ,......, "', ~ . . City Council Meeting No. 99-24 November 2, 1999 Motion by Councibnember Bealka. seconded by Councilmember Thole to hav~ a first ~tli"g of an ordinance authorizing the Mayor and Council to lease city owned property to Max Todo Marine Services, Inc. All in favor. ADJOURNMENT Motion by COlDlcilmcmber Thole, seconded by CounciJmember Beallca to adjourn at 8:15 p.rn to execute session. All in favor. Attest: fVJ~ WJ~IY'. J . 7 City Clerk #4 7 ., , City Council Meeting No. 99-25 November 16.1999 Business owners are also asking what they can do to have the numerous newspaper vending devices {' removed from in front of their busincsscs. Pepsi and Coke have been contacted regarding the possibility of provicling.antique style machines in the historic area. She has received no responsc at this time. r Councilmcmber Thole recommended not attempting to regulate newspaper vending machines because of the First Amendment issues. There have been numerous SUPTcme Court decisions upholding the rights of newspapers. Council determined newspaper stand locations fall uncler First Amendment Rights. They recommended City Planner Fitzgerald hold a meeting with business owners and the public to discuss the regulation of soda vending machines and return with a report to Council. 2. Reports from Bm Engineering - Territorial Prison Wall and Storm Scwer Repairs. City Engineer Ecldes presented a summary of the two reports. The first discusses the proposed modifications to the City storm sewer system to deal with excess storm water and tloodina on and around the Territorial Prison property. Two options for modifications were presented. Both recommended additional capacity be added from Main Street to the river. The second deals with an analysis of the stability of the wall and cost estimates for rehabilitation. The report found the primary walls around the prison grounds arc generally in good condition and are favorable to successful repairs to those areas that have failed. The report also discussed nonstructural historical reconstruction work that could be done, No council action was necessary. 3. Possible second reading of ordinance authorizing the lease of City-owned property to Max Toc!o Marine Services. Inc. City Attorney Magnuson noted the ordinance would not be in effect for 30 days after its adopti()n. The effective date is also contingent upon approval of the United States Anny Corps ofEnainecrs and the Minnesota Department of Natural Resources. Motion by Councilmcmber Thole. seconded by Councilmembcr Bea1ka to have a second reading of Ordinance No. 884' authorizing the lease of City-owned property to Max Todo Marine Services. Inc. Ayes: Councilmembers Bcalka. Q)mmi"p. Thole. Zoller and Mayor Kimble Nays: None 4. Accepting bids and awarding the contract for the Myrtle and Greeley Street Lift Station. Project #9920. (' City Engineer Bekles reported the following three bids were received: Barbarossa and Sons. Inc.. at $133.790; lay Bros. at $172.221; and Gridor Construction, Inc.. at $100,000. He recommended Council award the contract to the low bidder, Barbarossa and Sons. s . . . City Council Meeting No. 99-26 December 7, 1999 Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to advertise for residents interested in serving as a city representative on the St. Croix Watershed Management Organization Board. All in favor. COMMUNlCATIONSIREOUESTS I. Request from residents on Orwell Court N. for investigation of compliance with building and zoning ,codes at 2248 Orwell Ct. N. A letter was reccived from neighbors of 2248 Orwell Court regarding the erection of a non-attached storage facility (silver plastic storage tent). They requested it be removed immediatel~ Of, if deemed a temporary structure, be removed by a specific date set by. the Planning Department. Mark OJjn, 2285 Orwell Ct., explained the neighborhood conccrns. Carl Berwald, 2248 Orwell Ct., stated this is not a neighborhood issue; it is a legal matter. The Building Inspector had told him the structure was in compliance with codes. Motion by Councilmember Thole, seconded by COUDcilmember Zoller directing staft'to investigate complianQC with building and zoning codes at 2248 Orwell Ct. N. and report back to Council OD December 21, 1999. AU in favor. . COUNCIL REQUEST ITEMS Council member Zoller reported City Engineer Bc1dcs was publicly recognized at the Browns Creek Watershed Districtlfrout Unlimited event hold at the Oak Glen Country Club last week. He receivtd an award from the Department of Natural Resources for his work on the diversion system . Council member Boalka requested the public hearing on the tree ordinance be changed from December 21" to Januaty. Holiday commitments would make it difficult for several residents to attend the meeting in December. Council concUlTed. Mayor Kimble stated the packet contained a request for comments from the US Anny Corps of Engineers regarding an application by Wolf Marine for permit to place a barge in the St. Croix River and an application from Max Todo for a permit to place a barge and spud poles in the St. 'Croix River. He asked jf it would be appropriate for the City to submit comments. City Attorney Magnuson statcd it would be very appropriate. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99-356 directing staff to submit commcnts to the US Army Cops of Engineers supporting applications for pennits by MaxTodo Marine Services, Inc., and by Wolf Marine, Inc. Ayes: Councilmembers Beallca, Cummings, Thole, Zoller and Mayor Kimble Nays: None 9 City COWlCU Meeting No. 2000-1 January 4, 2000 CWTCDt rate of58S per hour, including labor, is eXtremely low. He requested Council approve a revised rate schedule of $1 50 per hour, plus labor, for the City Vactor truck, effective immediately. 1bis would allow , the CitY to botterrecoup its actual costs. Motion by Councilmember Thole, seconded by Counci1membor Zoller approvinS a mised rate schedule of 5150 per hour, plus labor, for the City Vactortruck, effective immediately. City Coordinator Kriesel explained the City share of costs for consulting work by Legislative Associates. Inc., for the ~iddle River WMO, will be up to S6OO. (consent agenda item #12) City Attorney Magnuson reported the lease with MIX. Todo Marine Services, Inc., requires marine insurance coverage of the Cayuga. Because of the state of the hull and the subsequent siDking, insurance is very expensive to obtain. Rob McOmy has been unable to obtain a quote oft this s011 of special risk. City Attorney Magnuson and McGarry propose the City self-insure the Cayuga until its value increases enoup by reason of repairs that the insurance pranium would make sense in relation to its value. A modification in the lease agreement related to insurance would be necessary. Motion by Councilmcmbcr Thole, seconded by Councilmember Bealka to adopt Resolution 2000-13 approving , modification of insurance coverage in the lease with Max Todo Marine Services, Inc. Ayes: Councilmembers Bca1lc:a, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Clerk Weldon presented Council with a tentative meeting schedule for 2000.' Regular meeting dates are the first and third Tuesdays of each month. 1brcc meeting dates willnced to be rescheduled: March 7, Precinct Caucus night (no meeting may be held after 6 p.m.); July 4, Holiday; and November 7, General Election (no meeting may be beld between 6-8 p.m Motion by Councilmcmbcr 'l11ole, seconded by Councilmember BeaIka rescheduling the 2000 regular Council meetings as follows: March 7, reschedule time to 4:30 p.m.- 6 p.m.; July 4, ~ meeting; Novem~ 7, reschedule time to 4:30 p.m. - 6 p.m. and reconvene at 8 p.m. ifnecded. Allm favor. Recessed at 5:35 p.m. RECESSED MEETING 7:00 PeM. The mooting was called to order by Mayor Kimble. Present: Councilmember BcaIka, Cl1mmi,-p, Thole, Zoller and Mayor Kimble Also present: City Coordinator Kriesel City Attomey Magnuson Police ChiefDauffenbach Community Development Director Russell City Clerk Weldon Press: Mark Brouwer, Gazette 2 '. . CITY OF STILLWATER CITY COUNCIL MEETING NO. 03.01 . January 7. 2003 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None . Others Present: City Administrator Hansen City Attorney Magnuson Director of Administration Knauss Public Works Director Eckles Community Development Director Russell Police Chief Dauffenbach Fire Chief Kallestad City Clerk Ward Councilmember Elect Kriesel Councilmember Elect Junker OTHER BUSINESS . Possible aooroval of aareement with Max TOOo for the Cawaa City Administrator Hansen reviewed the agreement with Max TOOo for the Cayuga. He stated that a list of items that were to be taken care of in the course of their three year lease. He stated that a majority of the items have been repaired or are in a continuous state of repair. He also stated that the current contract is for three years with three one- . year extensions. Mayor Kimble asked City Attorney Magnuson If the contract included a provision that if the bridge went through they would have to vacate the premises. City Attorney Magnuson stated that the original agreement did not address that issue but is proposed in the Addendum to the agreement. . , . Mayor Kimble provided the history on the acquisition of the Cayuga, its relationship to the City and the original agreement with the Hunlnghakes to using the site and in return, they would do some repairs to the Cayuga. He asked Police Chief Dauffenbach if since this agreement has been In place the vandalism in this area has been greatly reduced. Police Chief Dauffenbach stated that since the Hunlnghakes began occupying that area the vandalism to the storage area has been greatly reduced. Councilmember Rheinberger asked about selling the boat and barge to the Huninghakes. . Mayor Kimble stated that the City could sell the property if the Hunlnghakes wanted to buy it and the City wanted to sell it. . City Council Meeting - 03-01 January 7, 2003 City Attorney Magnuson stated that it would have to go through the Charter process for the sale. Councilmember Rheinberger stated that he felt it fit the Hunlnghake's program more than it fits the City's program. Council member Milbrandt stated that it is a useable tugboat tied to shore that the Hunlnghakes have made presentable and what the City uses is the barge. Mayor Kimble stated that if the City would want to sell it he did not know who would buy it because it does not have a current marketable value. He stated that to make it a usable tow boat to use on the river system would cost more than a new tugboat. He stated that the reason the city has it is because It is part of the St. Croix River history and Is part of Aiple property Interpretive center when that property is developed. Councilmember Rheinberger stated he felt that it should be off the property books. He felt it was not a core value to the City. Councllmember Zoller stated that it is not costing the City money at this time. The Huninghakes are taking care of it, repairing it, using It and protecting it and the surrounding property from vandalism. He stated that a decision to sell the boat does not need to be done at this time. . Councilmember Milbrandt stated that the cost to the City to just move the barge for Lumberjack Days would probably cost half of what is donated for Lumberjack Days, and that is something we do not pay for with this arrangement. He stated that there are a few items that should be removed from the list of repairs. He also stated that the Huninghakes presence In the area has mitigated vandalism. Mayor Kimble stated that the agreement allows for three one-year extensions and that the Huninghakes are asking to put the three one-year extensions together instead of separately. He reviewed previous Council's decision on the Cayuga and It is planned to be part of the Alple Park development. Councilmember Rhelnberger stated that this Is not a historic boat; it Is an aquarianism in history. He stated that if the boat sinks the City has to pay for it, there Is a City risk. Councilmember Bealka asked if this area would be a good place for the aquarian cars to launch. . The Hunlnghakes stated that they do let the aquarian cars launch from there. Councilmember Milbrandt suggested that Items 8-Aft Bulk Head t be raised 3' to 4' and reinforced and 9-Shaft Bulk Head to be raised 3' to 4' and reinforced should be removed because those items may never be completed. Motion by Councilmember Bealka, seconded by Councllmember Milbrandt to adopt Resolution 2003'()8, approval of Addendum No. 1 to Lease Agreement with Max Todo Marine Services, Inc., for a three-year term with Items 8 and 9 being eliminated from the repair list and Item 12 to be changed to paint removal and new paint to keep in reasonable appearance. Page 2 of 19 , . City Council Meeting - 03-01 Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Councilmember Rheinberger January 7, 2003 . Discussion on lobbvists City Administrator Hansen reviewed the two proposals for lobbyist services from Legislative Associates and Capital Gains, Inc. He asked for Council direction on choice of lobbyist or to provide additional proposals to Council. Councilmember Rheinberger stated that he would like to see more Proposals or a time out on having a lobbyist. He is concerned that with cuts to LGA, the budget Is not going to have extra money for lobbyist, and with the state deficit there will not be money available from the state. He stated he did not want to spend money for lobbyists on issues that are not city issues. . City Administrator Hansen stated that Mr. Mike Campbell, a resident, who has been working for free on the funding for Brown's Creek Imitative believes the City has an excellent chance of getting the funding that passed the legislation but was vetoed by the governor because it is Capital Bonding Funds which is a different pool of money. Councilmember Milbrandt stated that during the budget process, Council reduced the lobbyist services item by half and at this point, he Is not willing to cut to zero. He stated that he is concerned that getting a new lobbyist at this time for fear the money would be spent educating the lobbyist on City issues such as the levee wall. He also stated that a longer look should be done for the City's lobbying efforts for 2004. Motion by Councilmember Bealka, seconded by Councilmember Zoller to table the decision on the hiring of a lobbyist and receive additional proposals. All in favor. STAFF REPORTS Police Chief Dauffenbach stated that he would not be able to get new pOlice cars in the blue that the department currently has. He stated that the department is looking at going back to the traditional black and white. City Clerk Ward informed Council that the mail ballots for the Special Election would be sent out tomorrow, January 8. Councilmember Rhelnberger stated that he has had a complaint regarding the home at 912 W. Churchill that is all boarded up and that maybe it should be fixed up or tom down. . Councilmember Bealka stated that the house is owned by the hospital and will be used for Habitat for Humanity. City Administrator Hansen reminded Council the Congressional City Conference is March 7-11 and he will need to make reservations as soon as possible. Page 3 of 19 / MAGNUSONlAWFmM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE Bun.DING 333 NORm MAIN STRBBT . SUITE #202 . SmWATBR, MN 55082 1'BLBPHONB: (651)439-9464 . FAX: (651)439-5641 WWW.MAGNUSONLAWFIRM.COM DAVID T. MAGNUSON DTMAONUSON@MAGNUSONLAWFIRM.COM JOHN D. MAGNUSON JDMAONUSON@MAGNUSONLAWFlRM.COM MEMORANDUM TO: Larry D. Hansen Bill Tumblad Michel 1. Pogge David T. Magnuson ~ October 30, 2007 FROM: DATE: RE: Housing Code/Board of Health When we first codified the City Ordinances in 1980, we carried forward the provisions for a Board of Health and Housing Code provisions that were also the responsibility of the health officer, Because of the changes in the statute that preempted local boards of health, all of the local health regulations became the responsibility of county public health department in 1987, Further, the housing code had not been enforced for decades and the city council thinking was that in order to enforce the provision, a new inspector would have to be added to city employment. Since there was no appetite for a new hire, the City Council chose to delete the housing code. This happened in the middle 1990s, Enclosed are both the regulations pertaining to the Board of Heath and Housing Regulations from the 1980 City Code. /nm 25.01 CHAPTER 25 HEALTH 25.01. BOARD OF HEALTH. Subdivision 1. The Board of Health shall be appointed by the City Council. The Board of Health shall consist of three persons, one of whom shall be a physician. The physician shall be the Chairman of the Board and ex-officio city physician. The Board of Health shall be appointed at the regular meeting of the City Council in May of each year and shall hold office for one year and until their successors in office shall be elected and qualified. They shall receive such reasonble compensation for their services as determined by the City Council. Subd. 2. The Board of Health shall have the following powers and duties: (1) To investigate and make such reports and obey such directions concerning communicable diseases as the State Board of Health may require or give. (2) To cause all laws and regulations relating to the public health, including all health regulations included in this code, to be obeyed and enforced. (3) To make recommendations to the City Council with respect to ordinances and programs to promote the public health. Subd. 3. The mayor shall have the power to appoint with the consent of the Board of Health and approval of the City Council such health officers as may be necessary to enforce the sanitary laws and regulations of the City of Stillwater and the State of Minnesota. Said assistants be known as health officers. They shall be commissioned and qualify as special policemen and shall have the power to arrest, when necessary, any person violating any of the sanitary laws or regulations of the City. The mayor shall have the power to remove at any time any health officer or person who may be in the employ of the Board of Health whenever he considers it to the advantage of the Health Department to do so. Subd. 4. DUTIES OF HEALTH OFFICER. (1) General. The health officer shall have the powers and duties prescribed 1n the following sections. (2) Board Orders. He shall execute the lawful orders of the state and city boards of health. (3) Health Ordinances. With the advice and consent of the Board of Health, he shall enforce all statutory and ordinance provisions relating to public health. 2-12-80 25.01 Subd. 4 (4) Communicable Diseases. He shall employ at the expense of the City such medical and other help as may be necessary in the con~cl of communicable disease. The City Clerk shall see that statements of expense incurred in establishing, enforcing, and releasing quarantine are, after payment, certified to the county auditor for allowance of one-half the amount as a payment by the county to the city as provided by law; but no such expense shall be paid by the city unless payment is refused by the person liable therefor under the statutes. (5) Orders. The health officer may issue and serve, or have served, written individual orders requiring the owner or occupant of any premises to clean cesspools, septic tanks, dry wells, leaching pits, vaults, sheds or barns or to remove refuse from the premises or any street or alley adjacent thereto or to place and keep such premises in a clean and wholesome condition. He may also issue and serve, or have served, written individual orders requiring the owner or occupant of any premises to fill with dirt and cease to use any cesspool, dry well, leaching pit, or vault which does not function in a proper manner and requiring the owner or occupant to provide satisfactory arrangements to take the place of those whose use is discontinued. (6) Water Samples. He shall direct from time to time that samples of water be taken from private wells, public wells, the.public water system, public beaches and public swimming pools and other places to which the public is invited. He shall have these samples analyzed and cataloged according to the standards established by the state Board of Health and, based thereon, the city Board of Health shall make such recommendations regarding the water samples as it deems necessary to appropriate city authorities. (7) Inspection of Various Establishments. The health officer may inspect all premises engaged in the manufacture, processing, distribution, storage or sale of food, beverages, drugs, liquors, milk, ice, or any other product intended for human consumption, as well as the utensils, dishes, containers used in the cleaning, preparation, serving or eating of any such product to insure its purity and cleanliness or the sanitation and cleanliness of the premises, personnel, and facilities, and to recommend to the owner or proprietor such changes as he deems necessary. (8) Right of Entry. For the purpose of inspection at any reasonable hour and during an emergency at any hour, the health officer may enter any building, conveyance, or place where contagion, infection, filth, or other source or cause of preventable disease exists or is reasonably suspected. (9) Arrest. The health officer shall have the power of arrest for violation of this or any other ordinance of the city, or of any state law or regulation of the state Board of Health. (10) Sanitary Inspection. In accordance with regulations of the state Board of Health, the health officer shall make a thorough sanitary inspection of the city in the month of May each year and present a written report of such inspection, together with his recommendations, to the council on or before the first day of June. He shall make additional inspection during the year if deemed necessary. 2-12-80 25.01 Subd. 5 Subd. 5. INTERFERENCE WITH HEALTH BOARD OR OFFICER. No person shall obstruct, interfere with, or impede the health officer or the Board of Health in the performance of official duties or remove any sign posted by order of the health officer in any area or on any building. Subd. 6. The provisions of this chapter may be enforced by a suit in equity for injunction or abatement in addition to the other penalties provided for in this code and by state law and regulations and the state Board of Health. 2-12-80 26.01 CHAPTER 26 HOUSING C~DE 26.01. HOUSING CODE. An Ordinance to promote Public Health, Establishing and requ1r1ng Compliance with minimum standards of housing and housing equipment. Appointment of a housing authority and prescribing penalties for violation thereof. All references herein and in this Housing Code Ordinance to the Department of Health shall be interpreted as synonymous to the City Board of Health of the City of Stillwater. A Housing Authority shall be appointed consisting of 5 members, one of which shall be appointed as chairman and one shall be appointed as secretary. Their duties shall be to work with the City Board of Health in the enforcement of the Housing Code and other duties as requested by the City Council. Subdivision 1. DECLARATION OF POLICY. The City Council declares that the purpose of this ordinance is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly owned dwellings for the purpose of sanitation and public health, and protect the safety of the people and promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed and which: (1) establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location, and amotint of space for human occupancy, and for safe and sanitary maintenance: (2) determines the responsiblities of owners, operators and occupants of dwellings: and (3)provides for the administration and enforcement thereof. Subd. 2. TITLE. This ordinance shall be known and may be cited as the Public Health Housing Code. Subd. 3. INTERPRETATION. In interpreting and applying the prOV1S1ons of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare. Where the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restriction than this Ordinance, the provisions of such statute, other ordinance or regulation shall be controlling. Subd. 4. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this ordinance and the following words and terms wherever they occur in this ordinance are defined as follows: (1) "Approved" means constructed, installed, and maintained in accordance with this ordinance or other pertinent ordinances of the City. (2) "Basement" means a story of a building or structure located party underground. (3) "Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, except temporary housing. 2-12-80 " 26.01 Subd. 4 (4) "Dwelling Unit" means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and a part of which is exclusively or occasionally appropriated to cookery. (5) "Extermination" means the control and elimination of insects, rodents, vermin or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; or by poisoning, spraying, fumigating, trapping or similar means. (6) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food. (7) ''Habitable Room" means a room designed to be used for living, sleeping, eating or cooking, excluding bathrooms, toilet compartments, closets, halls and storage places. (8) "Health Officer" means the HealthOfficer of the City or his deputy. (9) ''Hotel'' means any dwelling, or that or more rooming units in which space are transients or permanent guests. part of any dwelling, containing is let to three or more persons one who (10) "Infestation" means the presence, within or around a dwelling, of insects, rodents, vermin or other pests of such kind or in such numbers as to cause a hazard to health. (11) IrMultiple Dwelling" means any dwelling containing more than two dwelling units. (12) "Occupant" means any person over two years of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit. (13) "Operator" means any person, whether the owner or not, who manages or controls any dwelling, or part thereof, in which dwelling units or rooming units are let. (14) "Owner" means any person who, alone or jointly or severally with others: (a) has record legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; (b) acts as the agent of the person holding the record legal title of any dwelling or dwelling unit; or (c) is the person representative or fiduciary of an estate through which the record legal title to the real property in which any dwelling or dwelling unit is administered. (15) Irperson" means a natural person for purposes of the occupancy standards hereof and for other purposes means a natural person or legal entity. 2-12-80 26.01 Subd. 4 (16) "Rooming Unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but no part of which is exclusively or occasionally appropriated to cookery. (17) "Rooming House" means any dwelling, or that part of any dwelling, containing one or more rooming units in which space is let to three or more persons who are permanent guests. (18) "Rubbish" means combustible and noncombustible waste materials, household and yard debris, and ashes. (19) "Supplied" means paid for, furnished, provided by, or under the control of the owner or operator. (20) "Temporary Housing" means any tent, trailer coach, or other structure used for human shelter which is designed to be transportable and which 1S not attached to the ground, to another structure, or to any utilities system, or which is situated in a licensed trailer park. Subd. 5. INSPECTION. For the purpose of determining compliance with the provisions of this article, the Health Officer is hereby authorized and directed to make inspections to determine the condition, use and .occupancy of dwellings, dwelling units, rooming units, and the premises upon which the same are located. For the purpose of making such inspections, the Health Officer is hereby authorized to enter, examine and survey all dwellings, dwelling units, rooming units and premises upon which the same are located, at all reasonable times. The owner, operator and occupant of every dwelling, dwelling unit, and rooming unit shall give the Health Officer free access to such dwelling, dwelling unit or rooming unit and its premises for the purpose of such inspection, examination and survey. Every occupant of a dwelling shall give the owner thereof, or his agent or employee, access to any part of such dwelling or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this ordinance. Subd. 6. ENFORCEMENT OF HOUSING CODE. (1) Notice of Violation. Except in those instances to which Subd. 13 hereof is applicable, whenever the Health Officer determines that there has been a violation of anyone or more provisions of this ordinance he shall give notice of such alleged violation to the person or persons who are or may be responsible therefor, as enumerated in (4) below. Such notice shall: (a) be in writing: (b) particularize the violation or violations alleged to exist or to have been committed: (c) provide a reasonable time, but not less than 30 days in any event, for the correction of the violation or violations particularized; and (d) be addressed to and served upon the owner of the property, the operator of the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for the violation. 2-12-80 26.01 Subd. 7 (2) Every dwelling unit (except as otherwise permitted by paragraph (5) hereof) shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition and properly connected to an approved water and sewer system. (3) Every dwelling unit (except as otherwise permitted by paragraph (5) hereof) shall contain within its walls a lavatory basin in good working condition, properly connected to an approved water and sewer system and located in the same room as the required flush water closet, or as near to that room as practicable. (4) Every dwelling unit (except as otherwise permitted by paragraph (5) hereof) shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to an approved water and sewer system. (5) The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin and a single bathtub or shower, provided that the following conditions are satisfied: (a) Neither of the two dwelling units can accommodate more than two occupants; (b) Such water closet, lavatory basin, and bathtub or shower are in good working condition and properly connected to the water and sewer system, and are accessible to the occupants of one dwelling unit without passing through any sleeping room of the other dwelling unit; (c) Such dwelling units are in the same building, arranged so that the occupants of neither unit are required to go outdoors to reach the facilities. (6) Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of paragraph (1), (3), (4) and (5) hereof shall be connected with both hot and cold water lines in an approved manner. (7) Every dwelling unit shall be supplied with rubbish storage facilities whose type and location are approved. (8) Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers whose type and location are approved. (9) Every dwelling shall have water-heating facilities which are installed in an approved manner, are maintained and operated in safe and good working condition, are properly connected with the hot water lines required under the provisions of paragraph (6) hereof, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. Such water-heating facilities shall be capable of meeting the requirements of this section when the heatin~ facilities required under the provisions of Subd. 8(2) are not in operat10n. . (10) Every dwelling unit shall have safe and unobstructed means of egress from the unit or units which comply with the existing provisions of the current City Building Code (or as amended). 2-12-80 26.01 Subd. 6 Service shall be as provided for personal service by the rule of civil procedure for courts of record in Minnesota or by registered or certified mail, return receipt requested, delivered to the addressee only. If service is made by registered or certified mail the Health Officer shall make a record giving details regarding the mailing. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort so to do, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Health Officer shall include in the record a statement as to why such posting was necessary. (2) Appeal to the City Council. Any person affected by a notice issued hereunder, who is aggrieved thereby, and who believes the same to be factually or legally contrary to the ordinances of the City, may within 15 days after service of the same, appeal therefrom to the City Council by filing a written appeal in the office of the City Clerk, and such appeal shall be heard by the Council within 30 days after it was filed. Notice of the date, time and place of such hearing shall be given to the appellant in the same manner as notice of the violation. (3) Effect of Appeal. The taking of an appeal shall, during the pendency thereof, have the effect 'of restraining the Health Officer or any other officer of the City from proceeding in any manner upon the asserted violation or violations. (4) Hearing. The appellant or his attorney shall have the opportunity to be heard at the hearing, whereupon the Council may: (a) affirm or deny the existence of any violation or violations as alleged, in whole or in part; and (b) If a violation has been found to exist, confirm or modify the extent of the correction required, and the time within which the correction must be made. (5) Correction of Violation by City and Assessment of Cost. In all cases of violation of this ordinance to which Minnesota Statutes, Sections 145.22 and 145.23 are applicable, the Health Officer may proceed as therein provided to abate or remove the violation and, if deemed necessary, to have the cost thereof specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this ordinance. Subd. 7. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall occupj or let to another for occupancy any dwelling unit which does not comply with the following requirements: (1) Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to an approved water and sew~r system. 2-12-80 26.01 Subd. 8 Subd. 8. MINIMUM STANDARDS FOR LIGHT, VENTILATION AND HEATING. No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements: (1) Every habitable room in a dwelling or dwelling unit shall be provided with light and ventilation in accordance with the City Building Code. In addition, every public hall or stairway in or leading into every multiple dwelling shall have a minimum of 10 foot candles of illumination, measurable with a standard light meter at floor level in halls and tread levels on stairways, at all times when the structure is occupied. (2) Every dwelling and dwelling unit shall have heating facilities which are installed in an approved manner and are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments located therein to a temperature of at least 70 degrees Fahrenheit at a distance three feet above floor level, when the temperature outside is minus 20 degrees Fahrenheit. Such heating equipment shall be operated as reasonably necessary to maintain a temperature in all habitable rooms of 70 degrees Fahrenheit. (3) Every dwelling shall be supplied with electricity and shall meet the requirements established by the current City Electribal Code. (4) During the portion of each year when the Health Officer finds it necessary to protect against mosquitoes, flies and other insects, which are of such kind and occur in such numbers as to cause a hazard to health, every door opening directly from a dwelling to outdoor space shall have a screen door with a self-closing device, and every window or other device with openings to outdoor space used or intended to be used for ventilation, shall likewise be supplied with screens. Subd. 9. GENERAL REQUIREMENTS RELATING TO THE SAFE AND SANITARY MAINTENANCE OF PARTS OF DWELLINGS AND DWELLING UNITS. No person shall occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements: (1) Every foundation, exterior wall and roof shall be substantially weathertight, watertight, and rodent proof and shall be kept in sound condition and good repair. (2) Every floor, interior wall and ceiling shall be kept 1n sound condition and good repair. (3) Every window, exterior door, and basement hatchway shall be reasonably watertight, weathertight, and rodent proof and shall be kept in sound working condition and good repair. (4) Every inside and outside stairway shall be maintained ln safe and sound condition and good repair. (5) Every plumbing fixture and water and waste pipe shall be installed in an approved manner and maintained in good sanitary working condition, free from defects, leaks and obstructions. 2-12-80 26.01 Subd. 9 (6) Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. (7) Every facility, piece of equipment, or utility which is required under this ordinance shall be so contructed and installed that it will function safely and effectively, and shall be maintained in satisfactory working condition. (8) No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this ordinance to be removed from, shut off, or discontinued in any occupied dwelling or dwelling unit except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Subd. 10. MINIMU11 SPACE, USE AND LOCATION REQUIREMENTS. (1) No person shall occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements: (a) It shall contain at least 150 square feet of floor area for the first occupant thereof and at least 100 additional square feet of floor space for every ~dditional occupant thereof, the floor space to be calculated on the basis of total habitable room area, provided that non-habitable area shall be counted in determining the maximum permissible occupancy up to ten percent of the total habitable area. (b) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. (2) No basement space shall be let as a habitable room and no basement space shall be used as a dwelling unit or rooming unit unless: (a) The floor and walls are impervious to leakage of underground and surface runoff water. (b) The total amount of light furnished in each room is equal to at least the minimum amount of light as required in the City Electrical Code, and (c) the facilities for ventilation ~n each room are equal to at least the minimum as required in the City of Stillwater Building Code. Subd. 11. RESPONSIBILITIES OF OWNERS AND OCCUP~~TS. (1) Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. 2-12-80 26.01 Subd. 11 (2) Every occupant of a dwelling or dwelling unit shall keep a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls. (3) Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and other organic waste which might provide food for insects and rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by Subd. 7, Paragraph (8). (4) Every occupant of a dwelling unit shall keep all plumbing therein ~n a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. (5) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the unit primarily infested. Notwithstanding the foregoing provisions of this paragraph, whenever infestation is caused by a failure of the owner or operator to maintain a dwelling in a ratproof or reasonably insect-proof condition, extermination shall be the responsibility of the owner and operator. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling, containing two or more dwelling units, extermination thereof shall be the responsibility of the owner and operator. Subd. 12. ROOMING HOUSES. No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit, except in compliance with all the applicable provisions of this article and the following provisions: (1) There shall be supplied at least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system in an approved manner and maintained in good working condition, for each eight persons, or fraction thereof, including the operator's family wherever they share the use of the said facilities. However, in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half of the required number of flush water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. (2) The operator of every rooming house shall supply and change bed linen and towels therein at least once each week, and prior to the letting of any room to an occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. (3) Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant thereof. 2-12-80 26.01 Subd. 12 (4) Every room unit shall have approved safe, unobstructed means of egress leading to safe and open space at ground level. (5) The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house and the premises thereof. (6) Every provision of this ordinance which applies to rooming houses shall also apply to hotels, and in addition, every hotel where both sexes are accommodated shall be provided with separate rooms with toilet located in the building which shall be conspicuously marked for e~ch sex. Subd. 13. DESIGNATION OF UNFIT DWELLINGS AND ORDER REQUIRING VACATIONS. (1) Designation. Whenever the Health Officer finds any dwelling, dwelling unit, or rooming unit which does not conform to the standards established by this ordinance, and which by reason of such non-conformity presents an imminent hazard to public health, or to the physical or mental health or the occupants therein, the Health Officer may, without prior notice or hearing, designate such dwelling, dwelling unit or rooming unit as unfit for human habitation. (2) Placarding: Order to Vacate~ Any dwelling, dwelling unit, or room~ng unit designated as unfit for human habitation by the Health Officer shall be appropriately placarded as such and shall be vacated by the occupants thereof within the time specified in such placard. Such placard shall be deemed an order directing vacating, and shall permit not less than 10 days from the date of such placarding for the vacating of such dwelling, dwelling unit, or rooming unit unless a lesser time is stated in the order in view of the facts of the situation and the hazard involved, as in the judgment of the Health Officer is reasonable and proper. (3) Correction of Defects. No dwelling, dwelling unit, or rooming unit which has been designated as unfit for human habitation and placarded as such shall again be used for human habitation until written approval is secured from and such placarding is removed by, the Health Officer. The Health Officer shall remove such placard whenever the defect or defects upon which the designation and placarding action were based have been eliminated and the dwelling, dwelling unit, or rooming unit has been made to conform to the standards established by this ordinance. (4) Unlawful to Deface Placard. It shall be unlawful for any person to deface, remove or obscure any placard affixed under the provisions of this ordinance. (5) Appeal to City Council. Any person aggrieved by the designation of any dwelling, dwelling unit, or rooming unit as unfit for human habitation who believes the designation to be factually or legally contrary to the ordinances of the City may appeal from the same to the City Council in the same manner as appeal may be taken from a notice of violation under Subd. 6 of this ordinance. 2-12-80 '. 26.01 Subd. 13 (6) The procedure prescribed in this section may be used concurrently with or separate from the procedure in cases of violation set forth in Subd. 6 of this ordinance. Subd. 14. PENALTY. Any person who fails to correct any violation of this ordinance after notification thereof by the Health Officer within the time fixed by him or the City Council, or who fails within the time specified to vacate any premises designated as unfit for human habitation under Subd. 13 of this ordinance, or who defaces, removes or obscures any placard put up under said Subd. 13, is guilty of a misdemeanor. 2-12-80 27.01 CHAPTER 27 DOGS AND OTHER ANIMALS 27.01. DOGS AND OTHER ANIMALS. Subdivision 1. As used in this Ordinance the following terms shall mean: (1) Owner: Any person, partnership or corporation owning, keeping or harboring animals. (2) Kennel: Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding dogs; provided that such person, partnership or corporation is customarily the owner of more than three dogs over six months of age. (3) Pet Shop: Any person, partnership or corporation engaged in the business of breeding, buying, selling, or boarding animals of any species. (4) Veterinary Hospital: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals. (5) Animal: Any non-human living being, domestic or wild. (6) Animal Shelter: Any premises designated by the City Council for the purpose of impounding and caring for animals held under authority of the Ordinance. (7) At Large: At large shall be defined as off the premises of the owner and not under the control of the owner or a member of his immediate family either by leash, cord, chain or similar physical restraint. Subd. 2. No person shall own, keep, harbor or have custody of any dog over six months of age without first obtaining a permit therefor from the City Clerk. Applications for permits shall be made on forms prescribed by the City Clerk, which form shall set forth: (1) The name and address of the owner. (2) The name and address of the person making application, if other than the owner. (3) The breed, sex and age of the dog for which a permit is sought. No permit shall be issued to any person other t~an the owner except upon the written request of the owner. Subd. 3. Permits shall be valid for a period of one (1) year, commencing May 1 and expiring April 30 of the year next following; and, except as hereinafter provided, shall be issued only upon payment of the following annual fees to the City Clerk: (1) For each male or female dog $3.00. (2) For any kennel or pet shop, cover~ng all dogs kept during the year $50.00. 2-12-80 " cSti I J~a te~ IH~~IA1HPL'C. Of MINNrSOTA ") TO: Councilmembers FROM: Bill Turnblad, Community Development Director DATE: April 29, 2009 RE: Mainstream Development Request for Construction Staging Area BACKGROUND More than a year ago Vern Stefan of Mainstream Development received all necessary City approvals (except the building pennit) for construction of the last phase of the Maple Island Redevelopment Project. The approved project includes demolishing the former Ace Hardware store on Main and Mulberry and replacing it and the surface parking lot next to it with a three story office building, Mr, Stefan is now very close to making application for the building permit and beginning the construction, He hopes work will begin on the site sometime in the first half of July. REQUEST Mr, Stefan is searching for a suitable staging area for equipment and materials to construct the building, He has requested use of the graveled area north of Mulberry Street, as shown in the attached sketch. The staging area would be in use from about July through December, The Downtown Parking Commission reviewed the request on April 23rd and offered the following comments: 1, If possible, wait until after Lumberjack Days to fence and use the staging area, 2, Provide sufficient room for traffic to use the river front road by P,D, Pappy's and the marina, 3, Stay off of the paved parking area just east of the Desch Building, 4, Before the Council makes a final decision on whether to allow the public property to be used for a construction staging area, notify the marina, the Lofts, the Desch Building and P,D, Pappy's of the issue, City staff has reviewed the proposal and has the following additional comments: }, Public Works Director Sanders · Restore the area, in kind, · Mainstream Development should be responsible for street sweeping Mulberry and Water Street · Mainstream Development should be responsible for any damage to the bituminous streets, · Staging area must be enclosed, 2, Fire Chief Glaser · Must maintain a minimum 20' wide access lane n011h and south so emergency vehicles have access to the Marina (river slips as well as dry dock area), Lofts, P,D. Pappy's, etc, · No parking should be implemented in the access lane so the access does not get blocked, · Do not block any of the fire hydrants in the area with fencing or equipment storage, Or Mainstream Development April 29, 2009 Page 2 · Wait until after Lumbetjack Days before using the area, if possible, This area gets heavy use during this time period, 3, City Attomey · Mainstream Development will need to indemnify the City so the City does not assume liability for construction use of City property, ALTERNATE SITE There are several disadvantages to the staging area east of the Desch parking lot: it is very visible to residents of the Lofts, the Desch Building and Stillwater Mills on Main; it is a narrow, busy area next to PO Pappy's and the marina; it would require moving equipment and materials across Mulberry Street. As an altemate, the City Council may want to consider a site immediately adjacent to the construction project. This altemate site is shown in the photo below, The altemate site offers the advantages of adjacency (which eliminates crossing Mulberry Street with construction traffic) and reduced visual impact. The disadvantages are that the site is smaller and that the north end of Water Street would be closed, However, the Water Street traffic could be detoured through the Riverview Parking Lot. As with the first staging site, City staff believes that waiting until after Lumbetjack Days to fence the area off is important. If the City Council approves the use of the altemate site, approval should be contingent upon Parking Commission review of a reasonable monetary compensation for the use of the 8 parking spaces, . Mainstream Development April 29, 2009 Page 3 ALTERNATE STAGING AREA . ,.... Mainstream Development April 29, 2009 Page 4 AL TERNATIVE COURSES OF ACTION The City Council has several alternative courses of action available, A. Approve the use of the staging area north of Mulberry Street with the following conditions: 1, If possible, wait until after Lumberjack Days to fence and use the staging area, 2, Stay off of the paved parking area just east of the Desch Building, 3, Restore the area, in kind, 4, Mainstream Development should be responsible for street sweeping Mulberry and Water Street 5, Mainstream Development should be responsible for any damage to the bituminous streets, 6, Staging area must be enclosed with a chain-link fence, 7, Must maintain a minimum 20' wide access lane north and south so emergency vehicles have access to the Marina (river slips as well as dry dock area), Lofts, P.D. Pappy's, etc. 8, No parking should be implemented in the access lane so the access does not get blocked, 9, Do not block any of the fire hydrants in the area with fencing or equipment storage, 10, Mainstream Development will need to indemnify the City so the City does not assume liability for construction use of City property, B, Give conceptual approval of the use ofthe staging area north of Mulberry Street with the conditions found in Alternative Courses of Action A and: 1, Before the Council makes a final decision on whether to allow the public property to be used for a construction staging area, mail an informational notice requesting comments from the Marina, the Lofts, the Desch Building and P,D, Pappy's, C, Approve the use of the alternate staging area immediately adjacent to the construction site with the following conditions: 1, If possible, wait until after Lumberjack Days to fence and use the staging area, 2, Restore the area, in kind, 3, Mainstream Development should be responsible for street sweeping Mulberry and Water Street 4, Mainstream Development should be responsible for any damage to the bituminous streets and parking lot. 5, Entire staging area must be enclosed with a chain-link fence. 6, Do not block any of the fire hydrants in the area with fencing or equipment storage, 7, Mainstream Development will need to indemnify the City so the City does not assume liability for construction use of City property, 8, The Downtown Parking Commission shall review the Alternate Staging Site for reasonable monetary compensation for the use of the 8 parking spaces, cc: Vern Stefan ,i Ilwa fer .-..':""~ -----~- -~-.~-., ') 8!RTHPLACf. Of MiNt~[SOrA 1- H F CITY COUNCIL DATE: May 1, 2009 APPLICANT: Melanie Ebertz REQUEST: Approval to construct a garage within City owned right-of-way of Hazel St E LOCATION: 19241st St N COMPREHENSIVE PLAN DISTRICT: SFLL - Single Family Large Lot ZONING: RA - One Family Residential CITY COUNCIL DATE: May 5, 2009 REVIEWERS: City Administer, Community Dev, Director, City Engineer, Fire Chief, Police Chief, and the Stillwater Board of Water Commissioners Michel Pogge, City Planner~~ PREPARED BY: DISCUSSION Today there is a 22-foot by 20.5-foot garage on the property. The garage currently encroaches into City owned right-of-way of Hazel St E by 5,7 feet in the northeast corner and 5,0 feet in the northwest corner, The applicant has applied for a demolition permit with the Heritage Preservation Commission in order to demolish and build a new garage. The applicant is requesting the ability to continue to encroach into City owned right-of-way of Hazel St E by 2.5 feet. When existing known encroachments are demolished and rebuilt, the City has taken the opportunity to require the new structure to be built on the land owned by the property owner. This would seem to be reasonable in this case, Since the garage is being completely rebuilt, public safety and engineering staff have requested that the garage be setback a minimum of 18 feet from the back of curb, ideally 20 feet, in order to allow a car to be parked in front of the garage without encroaching in to Hazel St E. There is approximately 19.5 feet between the back of curb and Ms, Ebert's north property line, If the Council chooses to allow the garage to encroach into the Hazel St right- of-way then it should encroach by no more than 1.5 feet in order to leave an 18 foot driveway. Ebertz Encroachment Page 2 ALTERNATIVES The City Council has the following options: 1. Approve the request to construct a garage that encroaches 2.5 feet into the Hazel St E right-of-way and direct City Staff to prepare a license to that effect for Council action at a future meeting. 2, Reduce the requested encroachment into the Hazel St E right-of-way to only 1.5 feet in order to leave an 18-foot driveway for cars to park and direct City Staff to prepare a license to that effect for Council action at a future meeting, -------:r-------Denytheiequesttoallow-a-garage-to encroach infOfue HazeISFE-fight--Of-=way------- RECOMMENDATION Review and take an action, Attachments: Applicant's request, letter of support from Don Empson, and site survey, ""5" . ~rtlnde5 J 4/20/2009 City Council Members. I have a historic property dating to the 1850's in Dutchtown. I am proposing to demolish the current 1950's hip roof, double car garage that sits 5'- 5' 7 in the right of way. The plan is to replace it with a more historic style gable roof/lean to, single car garage, set back 2.5 ' from the current construction. The footprint would be the same as the current garage 20,5' x 22', The current driveway is now 14', this would give the new driveway 16.5'. I also plan to put a double parking pad, lined with cobble or brick, next to the new garage that would have a 20 ft setback. I feel strongly about retaining the farmstead feel of this historic property. The buildings which include a house, granary, wagon shed & three hole outhouse, all border the property, to move the new garage back 5 ft would break up the cohesiveness of this property that best conveys the 19th century era, one of the only farmstead examples left in Stillwater. A new garage set back 5 ft in the yard, would have the effect of a double lot: house and garage on one lot and outbuildings on the other, I feel to adhere to the zoning requirement setback is not a good historic, aesthetic option for this property. I have done extensive remodel/preservation on the 1850's farmhouse, I now want to build a garage that would enhance the house and outbuildings and further tie this unique property together. My only other option would be to leave the current garage where it is and do major much needed structurai improvements My proposed more historic and artistic design would be a definite improvement over the current situation. Sincerely, M~S~ @@@@@@ Handcraft",} Peruvian Textiles PO H<1x 33 . MN 55082 (65] ) + 30-18+8 . melanie@artandc,.c<1m . www.artandes.com 1206 NORTH SECOND STREET STILLWATER, MN 55082 (651) 351-0172 FAX: (651) 430-2051 EMPSON@USFAMILY.NET DOllald ElllpSOll April 21, 2009 TO: H~I"-itage Preservation Commission RE: Melanie Ebertz Garage I would support Melanie's request for a variance on the location of her new garage-and the demolition of her old one. I think she spells out the reasons very well in her request, and I agree with her reasons, I would only add that our zoning and regulations are geared to a suburban cookie-cutter pattern, and do not take into account the irregularities of an historic community, Because we are concerned with the historic part of Stillwater, perhaps this is a time to make an exception..., Sincerely yours, / ~ ~/ /? '0' r-- ~ ~ - - - - - ---=- _7S , ?i 0> I" I I \ \ \ \ \ \ \ / \ J I . j . I 1 ?i r J ill >~ ' . I I I / J 0' / iFENCE i . 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Cardarelle Surveyor 6440 : FL YING CLOUD DRIVE EDEN, PRAIRIEfMN Q5344 952-~41-3Q31 ! ., / 0--, '':f- ./' ./: ~ .X' MEMORANDUM TO: Mayor and City Council Torry Kraftson, Assistant City Engine;;;;:-R~ FROM: DATE: May 1, 2009 RE: 2009 Seal Coat Project Project 2009-06 DISCUSSION A seal coat project is proposed this season in accordance with our street maintenance program, Seal coating increases the life of a street by adding a protective coating layer of fine aggregate and emulsion, The streets proposed for this year's project are shown on the enclosed map, Five other communities, Bayport, Grant, May Township, Oak Park Heights and Stillwater Township, would like to be included in the bidding of the project this year. This increases the quantities in the Bid Proposal and generally provides better bid prices than if each community bid their own project separately, Stipulations have been inserted in the specifications that the contractor who is awarded the contract will bill each community individually, The 2009 budget for seal coating is $123,000 (including crack sealing to be performed by Public Works staff), The proposed schedule for the seal coat project is to open bids on May 28th and present them to Council on June 2nd, It is anticipated that the seal coating would be performed in August. RECOMMENDATION Staff recommends that Council authorize the advertisement for bids for the 2009 Seal Coat Project. ACTION REQUIRED If the Council concurs with the recommendation they should pass a resolution AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2009 SEAL COAT PROJECT (PROJECT 2009-06) AUTHORIZE ADVERTISEMENT FOR BIDS FOR 2009 SEAL COAT IMPROVEMENT PROJECT (PROJECT 2009-06) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOT A: The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement. The advertisement shall be published once in the Stillwater Gazette and twice in the Construction Bulletin, shall specify the work to be done, shall state the date that bids will be received by the City Clerk until Thursday, May 28th, 2009, at 10:00 am at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their June 2nd, 2009 Council meeting in the Council Chambers, Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility, No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk. Adopted by the Council this 5th day of May 2009, Ken Harycki, Mayor Attest: Diane F, Ward, City Clerk ~, "J<",. _ ~"~I ;;!j~CS l f k.' S1. 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"'ODD RT >-. <l:Z ~ I=l <[ ca Z .... ::E -: ?n ~ ::::::-- ~ I -r V I 60th......... ~ } 2009 SEALCOAT cSt,~~~ Administration ) Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 5/1/2009 Re: Special Event - Beer Sampling Attached is the special event application for a Beer Sampling Event on June 13, 2009, This item was reviewed by the Downtown Parking Commission and the Park & Recreation Commission, Park & Recreation Commission recommended denial (see attached memo from Tim Moore) Downtown Parking Commission stated if the event were approved by the City Council that a $500 fee be imposed for the parking lot use. Chief Gannaway has stated that law enforcement personnel would be needed and any costs (based upon the number of people attending the event) would also need to be paid for by the applicant. He also stated that the area would need to be fenced at the owner's expense, The event lists a local charity (Elks Lodge) is tentatively involved in this event. A temporary liquor license cannot be issued to a For-Profit organization, The temporary liquor license would have to be applied by the non-profit entity not the event organizer. r~illwater .,......~ . ----- _.~ '>if BIRTHP,AC. 0' MINNf~OIA ~ MEMORANDUM DATE: April 30, 2009 SUBJECT: Special Events TO: Mayor and Council PREPARED BY: Tim Moore, Assistant Superintendant of Public Works BACKGROUND Two large events were submitted to the Parks commission at the meeting on April 27th. 2009. Date of Event June 13, 2009 Liquid Twelve Events, LLC (Beer Tasting) (Lowell Park) Action Taken by Commission - Denied, it is a For Profit organization, Detrimental to the park and other activities. Date of Events Every Wednesday June 3rd. - August 12th, 2009 Greater Stillwater Chamber of Commerce (Vintage Car Show) (Lowell Park) Action Taken by Commission - Approved cStillwater .: c- - - . . -- -~ ;~~ 'i"'H,,;,~,(:-j IJ"I; "'HOHnl,4 ') 216 North 4th Street Stillwater, MN 55082 re/ephone: 651-430-8800 Fax: 651-430-8809 APPLICA TION FOR SPECIAL EVENT ALL ITEMS ON THE APPLICA TION MUST BE COMPLETED AND SUBMITTED TO CITY HALL 45 DA YS PRIOR TO THE PROPOSED EVENT INCOMP ET. APPLICATIONS WILL t:H1I BE PROCESSED Submittal Date: Address: APPLICANT INFORMATION (Please Print on Application) Organization: L19// I tJ flI} 6/y t li1J brJ r5. LL ( Type of Organization: Non-Profit , ~ For-Profit Contact Person: .1fA17r kliNt II/JI EmailAddress: Pt~IJ&I/f1IJMBt-~/l iJ1f56a/? CeJ/t! II i" 3 5fi,1 fJ t/ +tiE City 1r PA1JL State ;t.{ N Zip 'J 'i / oif , / 6/2- 26'i- /61if Alternate Phone Number ~ 17- 261- }6lv Daytime Phone EVENT INFORMATION (Special Events involving the use of City Property may require Park Board or Parking Commission review, Eve s on Private Property may require Planning Commission review.) Date(s) of Event: Hours of Event: / l- 'I 1>M (Special Events conducted after 10:00 p.m, require Council approval of a )tJ.ri nce to the noise ordinance) Type of Event: Proposed Location of Event (be specific): (Jr tor 7 If Lowell Park is used: X. North Lowell Park _South Lowell Park (check which one or both) Estimated number of people to attend: ~ ~O{) - 3,()Ol} The following information is required for consideration (Check next to items pertaining to your event. If not applicable - please put uN/A" in the space) X Selling Alcohol - Temporary Liquor Licenses are ONLY available to non-profit organizations - $25.00 per day x.. Permit to Consume -Consumption only of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee ~ Site Map (Required for all events) - attach to application ~ Parking Impact (Required for all events) -Describe in detail: JALJ\ Ilf pal N ?/fl/q. ~I/tk' M IN I N/t41 tv '511/# tI'1V 5 15V 1 e ~ o{:- (Continued on Back) _ Special Signage - Describe: NrrJE- _ Approval Letter from Property Owner if on Private Property (attach to application) ()<.. Vendors will be present at the event (SEE ATTACHED) p( Tents or Membrane Structures Size U> X. I '0 Location b N Pt /trI Exiting Points Z L Cooking Operations propaneL Deep Fat Frying Other _ Open Flame or Burning Operations Describe: _ Water Activities (River/Lakes) River/Lake Name: EMS Needs _EMT Standby _Ambulance Standby _Fire Department Standby Fireworks Street Closure What Streets: K Police Officer Needed (Required if alcohol is being serviced on public property and attendance is over 75 people or at the discretion of the Police Chief) Contact Stillwater Police Department (651-351-4900) to arrange for an officer. K Restrooms (Portable) - Applicant to pay for restrooms - Contact Public Works to arrange - 651-275-4100 LLive Entertainment - Describe type of MUSiC:-1J.r 11 S 1J (. 15/rr1 /) S' _Promotion/Advertisement of Event - Describe Level of Promotion/Advertisement ~-~ 'i:i5 . ,tt~ APPhcakature . - - Reviewed By: (Any concerns/comments will be attached to application) V City Administrator FEES (if applicable) ,,- City Clerk Permit to Consume ($35.00) V Community Development Director ....- Fire Chief (!JrTY1~ ../'" Police Chief ~ .;" Public Works Director a;;t::t~d. ~ Public Works Superintendent - U Park ~ Rec~l)...Qorr:'mi$si~ Approval R~quired ~ Dat~ed:_Ll:el:21 ~ '!:t..: OJ 7.0 I TOTAL FEE FOR EVENT: Jdtf Planning Commission Approval Required Date Approved: V" Downtown Parking Commis,t!qn.Approval R~qulr~ Date Approved:.,l),(.R _ JP7. /77 r~ Copy of Approved Application with City Council Approval Required Comments sent to applicant Date Approved: (Date) Temporary Liquor License ($25.00/day) Event Fee ($500,00) Event Deposit ($250.00) Other Fees: $ Rev. 01108 City of Stillwater Fire Department 216 North 4th Street Stillwater, MN 55082 Phone: (651) 351-4963 Fax: (651) 351-4967 VENDOR INSPECTION PERMIT Inspection Information & pe'j/~;7;~ NAMEOFVENDOR:~11 VIi) {WG/!/e G1Jttzlr5 lie ADDRESS OF EVENT: ffJ'A.tlt./C hPr "7 I 577 II UlIt'fE/2 IA ttrT tf:IV P1I ft7/ 11)5 ;U,ftlj ;fr!/C STATE /Lit! ZIPCODE 77/0'f /;( 2- - Z 6i - I t 7 t/ SIZE OF TRAILER OR TENT AJ;TMllt () . Iff! TYPE OF COOKING B~l( 1/Jv5; tll~ C6lJfI.I; f)PC5 FUEL TYPpjA7fpROP ANE DELECTRIC D CHARCOALD OTHER IF OTHER PLEASE SPECIFY DATE OF EVENT NAME OF OWNER: ADDRESS OF OWNER: CITY 5(/ fAt! L TELEPHONE NUMBER: ANSUL SYSTEM: YES NO * All vendors utilizing heating equipment, open flame devices, cooking, warming and serving food products are required to have a fire department inspection prior to opening, Vendor inspection fee is $100.00. Any vendor operating without an inspection permit will be order to cease operation immediately, All vendors are required to have a K-class extinguisher if grease laden vapors are present and a standard 2A 1 OBC or larger fire extinguisher readily available during times of operation, Extinguishers and/or ANSUL system must have current certification tag. All temporary membrane structures must have proof of fire retardant material or treatment. Vendors need to contact Stillwater Fire Department 24 hours prior to opening to schedule an inspection. * Vendor inspections are not exclusive to the above mentioned items. Please contact Stillwater Fire Department for inquiries. 200' DODD 10'1 30' I Du::~~r 110 DODD Stage IS' Trailer I 25' Produdion Area 1 ' 3' ,- a ~ 20' 20' 3' 10' 10' 20' a a 10' 20' a 10' 20' a 10' 20' a 10' 20' a 88 10' 20' a 10' 20' a a 10' 20' 20' a 10' 20' 88 10' a a 10' 20' 20' 20' a 10' D2~ 10' a a 10' 20' 20' a 20' 10' 10' 10' a 10' 20' a 10' 20' 3' 10' C> 10' u a c E! a J:! 20' c w 20' 3' 10' 10' 10' 4' 4'00 DO 40' Vendor DO DO Only Area DO 20' 20' 20' DO 20' DO DO a 10' DO 10' CID • • 31 handicapped spots o • I❑ 0 'Si1mmml�J:i eiS1 YMIN1►[t11•1:JtaIFDIWI Mi1:J,1 FREE PARKING • • Posted time limits will be enforced year round ce o_ >- ■ 0 O J J 0 C N J 'O O +. C 0 4+ O a J fn O C EJ z275y3 E ' J 0) N V J y fa c„, 3 co = 7 U d¢ 0 r O = ch co I 00 +. CFJJJJJ In Cl Lot 9 North Main St. i = INFORMATION Diane Ward From: Sent: To: Subject: Diane Ward Tuesday, April 21, 20099:32 AM 'mkenevan@thebeerdabbler.com' FW: 2009 Beer Sampling Event. pdf - Adobe Acrobat Professional Importance: High Dear Matt: Please read the comments on your special events. The event will be going to the Park Board on Monday, April 27 @ 7:00 p.m. and the Downtown Parking Commission (Contact Chief Gannaway - 351-4906) on Thursday, April 23 @ 8:30 a.m. It will possibly go to the City Council on Tuesday, May 5, 2009 @ 7:00 p.m. Please acknowledge receipt of this email. Thank you. From: Larry Hansen Sent: Thursday, April 09, 2009 8:34 AM To: Diane Ward Subject: RE: 2009 Beer Sampling Event.pdf - Adobe Acrobat Professional This should go before the Park Board, We have typically not just let anyone come in and use our river front for their own purpose. From: Diane Ward Sent: Thursday, April 09, 2009 7:45 AM To: Beth Wolf; Michel pogge; Nick Chaves; Tim Moore; Bill Turnblad; Dave Magnuson; John Gannaway; Larry Hansen; Sharon Harrison; Shawn Sanders; Stuart Glaser Subject: 2009 Beer Sampling Event.pdf - Adobe Acrobat Professional Importance: High It is on a Saturday, amount of people anticipated, requesting Y2 a parking lot (requires Downtown Parking Commission review), however looks like they are fencing the "beer sampling" area, They will need a Temporary Liquor License issued to the Stillwater Elks (because they are "for-profit") - temporary liquor is only issued to Non-profits and that is only "tentative". I believe this would definitely need to go before Council. From: Stuart Glaser Sent: Thursday, April 09, 2009 10:52 AM To: Diane Ward; Beth Wolf; Michel Pogge; Nick Chaves; Tim Moore; Bill Turnblad; Dave Magnuson; John Gannaway; Larry Hansen; Sharon Harrison; Shawn Sanders Cc: Tom Ballis Subject: RE: 2009 Beer Sampling Event.pdf - Adobe Acrobat Professional This venue will need to be inspected regarding the tent set up and exiting along with the food preparation/propane cooking facilities. The promoter/vendor will be required to have vendor inspection from the F.D. $25,00 per day. Stuart W. Glaser Fire Chief City of Stillwater 216 North Fourth Street Stillwater, MN 55082 1 651.351.4970 Office 651.351.4967 Fax mailto:salaser~ci. stillwater. mn. us From: John Gannaway Sent: Thursday, April 09, 2009 10:53 AM To: Diane Ward; Beth Wolf; Michel pogge; Nick Chaves; Tim Moore; Bill Turnblad; Dave Magnuson; Larry Hansen; Sharon Harrison; Shawn Sanders; Stuart Glaser Subject: RE: 2009 Beer Sampling Event.pdf - Adobe Acrobat Professional This event needs to go in front of the Parking Commission From: Tim Moore Sent: Thursday, April 09, 2009 3:57 PM To: Diane Ward Subject: RE: 2009 Beer Sampling Event.pdf - Adobe Acrobat Professional Diane, They have a concern, Their map shows a width of 200' for their event area (no length by the way) On the north end of Lowell Park. The width from the west side of the parking lot to the top of the wall at the river Walk is about 175" about 125' from the east side ofthe parking lot. It also looks like the tent would end up on private property. Special event toilets are $125,00 ea. For wheelchair accessible and $53,00 for regular. Thanks Tim Moore Assistant Public Works Superintendent City of Stillwater Phone (651) 275-4102 tmoore@ci,stillwater,mn.us 2 MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer (f" R1<.. DATE: May 1, 2009 RE: 2009 Street Improvement Project Project 2009-02 DISCUSSION: Bids for the 2009 Street Improvement project were opened on Friday, May 1,2009, The City received three bids with the low bid submitted by Tower Asphalt, Inc. The low bid was $1,002,978.75, which includes an alternate for two blocks of new water main, The water main alternate of $24,290 will be considered for funding by the Water Board, The engineer's estimate for the project was $1,300,000. The bid price for the project was lower than what was estimated, due to the recent decreases in pavement prices and an extremely competitive bidding environment. RECOMMENDATION I recommend that the City accept the bids submitted for the 2009 Street Improvement Project, Project 2009-02, and award the contract to Tower Asphalt, Inc, It is recommended that the Council approve the alternate for two blocks of new water main contingent upon approval from the Water Board, If approved, the Water Board will reimburse the City for the cost of the water main installation, ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2009- ACCEPTING BID AND AWARDING THE CONTRACT FOR 2009 STREET IMPROVEMENT PROJECT. ACCEPTING BID AND A WARDING CONTRACT FOR 2009 STREET IMPROVEMENT PROJECT (Project 2009-02) WHEREAS, pursuant to an advertisement for bids for the 2009 Street Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Tower Asphalt, Inc" Lakeland, Minnesota $1,002,978,75 $1,013,195,50 Miller Excavating, Inc" Stillwater, Minnesota T,A. Schifsky & Sons, Inc., St. Paul, Minnesota $1,054,091.17 ENGINEER'S ESTIMATE $1,300,000,00 and WHEREAS, it appears that Tower Asphalt, Inc. of Lakeland, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Tower Asphalt, Inc, of Lakeland, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 5th day of May 2009, Ken Harycki, Mayor ATTEST Diane F. Ward, City Clerk ~ ltillVYater ..... =----- --..:.:--- --..~, Administration ') Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 5/1/2009 Re: Downtown Parking Commission I have received an application from Jeffrey Johnson (Ward 4) for appointment to the Downtown Parking Commission, If Council appoints Mr, Johnson to the commission, all vacancies have been finally filled on this Commission If Council wishes to appoint Mr. Johnson to the Commission, they should pass a motion adopting Resolution 2009-_. approving appointment to the Downtown Parking Commission, APPOINTMENT TO DOWNTOWN PARKING COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appointed Jeffrey Johnson at their May 5, 2009 regular City Council meeting with his term ending January 1,2012, Adopted by Council this 5th day of May, 2009 - Ken Harycki, Mayor Attest: Diane F, Ward, City Clerk Washington County 1. 9:00 2, 9:10 3, 9:10 4. 5, 9:15 9:20 6, 9:40 7, 10:05 8, 10:20 Board of Commissioners BOARD AGENDA MAY 5, 2009 - 9:00 A.M. Washington County Regional Railroad Authority Convene A. Roll Call B, Pledge of Allegiance C, RRA Meeting Minutes from April 21, 2009 D, High Speed Rail Corridor Joint Powers Agreement and Appointment of Commissioner and Alternate to the Minnesota High Speed Rail Commission E, Adjourn Washington County Board of Commissioners Convene Roll Call Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Goverm11,eWhether or not the issue is listed on this agenda. Persons wo wish to address the Board mustfill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, Iltq;our name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation ifit becomes redundant, repetitive, overly argumentative, or ifit is not relrnJcto an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate tiuheduled agenda items. Consent Calendar Public Works- Don Theisen, Director A. Capital and Transit Operating Assistance Agreements with Counties Transit Improvement Board B. Closure of Lake Elmo Park Boat Ramp to Conduct a Rowing Regatta Community Services- A. American Recovery and Reinvestment Act Funds- Robert Crawford, Division Manager B. Contract with Tree Trust- Robert Crawford, Division Manager C, Contract with East Suburban Resources- Robert Crawford, Division Manager D, Application for 2010-2011 Minnesota Housing and Finance Agency Family Homelessness Prevention and Assistance Program- Diane Elias, Associate Planner General Administration - Jim Schug, County Administrator A. National County Government Week B, Legislative Update Commissioner Reports- Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on 1i1ers of interest and information, or raise questions to the staff. This action is not intended to result in substantive boarditrTxn during this time. Any action necessary because of discussion will be scheduled for a future board meeting 9, Board Correspondence 10, 10:40 to 11:20 - Executive (Closed) Session with Public Work A. Discuss Proposed Condemnation Appeal- TMT Land V, Reconstruction of CSAH 13 B, Discuss Possible Purchase for Pontius Parceland a Portion ofthe Carpenter Nature Center, Both Located in Denmark Township for the County Parks Trail System 11. 11 :20 Adjourn ***MEETING NOTICES LISTED ON BACK*** 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 * MAY 5, 2009 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A; Approval of the April 21 and 28, 2009 Board meeting minutes, Housing & Redevelopment Authority B, Approval of resolution, 2010 qualified allocation plan and housing tax credit program 2010 Human Resources C. Approval to revise Washington County Personnel Rules and Regulations Section 12, Discipline, D, Approval to revise Washington County Personnel Rules and Regulations Section 13, Grievance Procedure, E, Approval to revise Human Resources Policy #5203, Family and Medical Leave of Absence. Public Health and Environment F, Approval to amend the agreement with heritage Environmental Services LLC for household hazardous waste services and authorize execution by the Board Chair and the County Administrator. G, Approval of comments to the City of Lake Elmo regarding their Local Water Management Plan and approve comments letter drafted on behalf of the Commissioners, to be signed by the Board Chair. Public Works H, Approval of resolution, authorization to enter into a State Cost-Share Assistance contract with the Washington Conservation District for reimbursement of costs for prairie restoration work in Lake Elmo Park Reserve and Pine Point Regional Park. I. Approval to award contract to Office Environment Brokers, Inc, for technical services for modular furnishings ], Approval to enter into an agreement with Xcel Energy to provide underground electric cable installation and services to the new Environmental Center located in Woodbury, Sheriff s Office K. Approval to accept a donation to the Washington County Sheriffs Office Explorer Post in the amount of $150 from Washington County residents Michael and Susan Haines, * 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. * * * * * * * * * * * * * ** * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * ** * * MEETING NOTICES** (**Meeting dates, times and locations may change. Contact the Office of Administration or individual agencies for the most current information.) Date May 4 May 5 May 6 May? Committee Law Library Board Finance Committee Metro Emergency Services Board Exec Comm. Metro Energy Policy Coalition Time Location Washington County Government Center Washington County Government Center 2099 University Avenue- St. Paul 390 Robert Street North - St. Paul 8:00 a.m. 11 :30 a.m. 10:30 a.m. 12:00 p.m. Summary of Proceedings Washington County Board of Commissioners April 28, 2009 ~~I Present were Commissioners Dennis C, Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5, Absent none, Board Chair Peterson presided, Accountin2 and Finance Approval to revise Policy #2506, Petty Cash and Change Funds, Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Hegberg - reported on a trip that representatives from the Counties Transit Improvement Board made to Washington D.C. to discuss high priority projects; Commissioner Kriesel - he will attend the Yellow Ribbon Network meeting at the Cottage Grove Armory this Friday and noted that the Chair of the Yellow Ribbon Committee is preparing letters to all local government agencies on how they can become Yellow Ribbon Communities; Commissioner Weir - reported that the City of Woodbury passed a resolution supporting the Yellow Ribbon Network; she attended the One County, One Book event at the Central Park in Woodbury; she will be attending the two day AMC Legislative Conference this week in St. Paul; Woodbury will hold their annual recycling day on Saturday at Ojibway Park; and she attended the St. Croix River Basin workshop at the Science Museum and that many State and local officials were in attendance; Commissioner Peterson - reported that the State bonding bill would need $22 to $26 million this biennium to match the Federal stimulus funds for high-speed rail to Chicago; she attended the South Washington and Valley Branch Watershed enlargement hearing last week where misinformation was presented and she has asked a person involved with the Cottage Grove Ravine WMO to write a brief history to submit for the record; a high-speed rail press conference was held at the Union Depot in St. Paul and representatives from the Winona Chamber of Commerce and Winona County Commissioners attended as well as representation from the Indian community of Prairie Island; she will be late to the AMC Legislative Conference because she is meeting in Cottage Grove with the Minnesota Pollution Control Agency to discuss 3M's request to take in materials from other states and other companies to burn like products in the Cottage Grove bum facility, which the City of Cottage Grove, as well as herself, objects to, Community Services Workshop held to discuss mental health case management changes, General Administration Approval of the following actions: April 7 and 14,2009 Board meeting minutes; Revisions to County Policy #1201, Contract Administration, establish County Policy #1903, Conveyance of County Owned Real or Personal Property, and rescind County Policies #1202 and #1807; Resolution No. 2009-039, application to Legislative-Citizen Commission on Minnesota Resources for grant funds to use as matching funds to acquire interests in property through the Washington County Land and Water Legacy Program; Resolution No, 2009-040, authorization to reimburse the Land and Water Legacy bond fund from various accounts for costs incurred for Land and Water Legacy Program projects; Legislative update presented; Report given on meeting with legislators and Department of Natural Resources officials regarding the Wildlife Management Areas and local ordinances; Board correspondence was received and placed on file. Information Technolo2V Approval of the Microsoft Select Software Licensing Agreement effective March 2009 through March 2012, Property Records and Taxpaver Services Adoption of Resolution No, 2009-038, set public hearing related to aggregate resource preservation property tax law, Public Health and Environment Update on actions being taken by the State of Minnesota and Washington County in response to the potential swine flu outbreak. Public Works Approval ofthe following actions: Budget amendment and use of an additional $500,000 from the County Environmental Charge fund for the Environmental Center proj ect; Works Order No. 17 for the CSAH 13 road construction project contract with CS McCrossan Construction; Amendment No, 1 to Minnesota Department of Transportation Contract No. 93611 for Phase I and II investigation of historic structures along CSAH 2 in Forest Lake; Change Order No, 3 to contract with St. Paul Linoleum and Carpet Company; Update on projected traffic impacts and review completed, pending and future improvements to roadways in the vicinity of the new East Ridge High School in Woodbury, Sheriff's Office Approval of application for funding on one 911 Public Safety Dispatcher through the Edward Byrne Competitive Grant program for hiring civilian law enforcement. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N" Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners April 7, 2009 Present were Commissioners Dennis C, Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Peterson presided, Accountin2: and Finance Approval of revisions to County Policy #2901, Revenue and Expenditure Object Codes and Definitions, Commissioner Reports - Comments - Questions The Commissioner reported on the following items: Commissioner Hegberg: Apologized to his fellow Board members for his misjudgment and improper behavior of driving while intoxicated a couple weeks ago; reported on his trip to Washington D,C, for the Transportation Fly-in; the City of Forest Lake will reconsider their vote about joining the transit taxing district; the City of Hugo discussed the assessors and the Green Acres program; and both the Cities of Hugo and Forest Lake are looking at joining the Yellow Ribbon Initiative; Commissioner Kriesel: stated he has a Grant Evaluation and Ranking System (GEARS) Committee meeting this week as well as the Metro Emergency Services Board; Commissioner Weik: reported on a Chamber Lunch for the 1-94 corridor and that Ramsey County Commissioner Jim McDonough was the speaker; she has been attending many meetings ofthe yellow Ribbon Initiative and stated that former Commissioner Stafford is also working on the initiative; on Thursday she will tour the Idea Farm in Afton; and the ad that was placed in the Sunday St. Paul Pioneer Press entitled "How to Stop Flushing Money Away on Your Property Tax" was not a paid advertisement from Washington County; Commissioner Peterson: reported she has had several calls from people in her district who are upset about 3M asking the Minnesota Pollution Control for authority to have other states and businesses bring their waste to Cottage Grove to be burnt; the State Rail Committee met to discuss the extension of the North Star Corridor; there is a new corridor called the Little Crow coming from Wilmer into Minneapolis; and she will meet with the Newport City Council and county staffto update the city on Red Rock Rail activities; Commissioner Pulkrabek: asked that the county revisit the issue of allowing pets in county parks; and he asked for information about the increase to the Federal cigarette tax and how that will affect the county, Community Services Approval of the following actions: Appoint Peg Killen, Woodbury, to the Workforce Investment Board; Accept $250 donation from Rollx Vans to be deposited in the Veterans Service Office emergency assistance fund. General Administration Approval of the following actions: Dan Dolan, Woodbury, presented information on University of Minnesota Extension employees, sources of funding, expenditures, 4-H operating costs, 4-H Program Coordinator job description, and where 4-H members reside in Washington County; March 17 and 24, 2009 Board meeting minutes; Legislative update; Review of the proposal to allow counties to levy a ,5% sales tax in addition to the sales tax currently collected in Washington County; Opposition to Section 6 of the Department of Natural Resources bill that would exempt DNR wildlife management areas from certain local ordinances; County legislative platform supporting a metro-wide transit tax has been pulled; The Board Workshop to review the draft Historical Resources and Parks and Open Space Chapters of the 2030 Comp Plan was moved to the April 14 Agenda; Board correspondence was received and placed on file, Human Resources Approval of Policy #5435, Automated External Defibrillator Plan, Property Records and Taxpaver Services Approval of the following actions: Renew applications for consumption and display permit and on sale and Sunday liquor license for the Disabled Veteran's Rest Camp Association, 4/1/09 - 3/31/10; Two day event reducing passport photos from $15 to $5 was successful; Board workshop held to discuss the final 2009 property taxes. Public Health and Environment Approval ofthe following actions: Appoint Richard Thron, West Lakeland, to the Groundwater Advisory Committee; Appoint Robert Bankers, Woodbury, to the Groundwater Advisory Committee; Licenses for use of real property for the collection of household hazardous waste; V olunteer Management Services project agreement with the Community Volunteer Service and Senior Centers; Authorization to submit a proposal to the Minnesota Department of Health as part of the Minnesota Statewide Health Improvement (SHIP) to address tobacco and obesity health issues; Board workshop held to discuss Minnesota's electronics waste collection law. Public Works Approval of the following actions: Resolution No. 2009-026, final payment on CSAH 8 construction project to Arnt Construction; Request proposals for concessionaire operations at Point Douglas Park; Resolution No, 2009-027, Trunk Highway 5 detour agreement with Minnesota Department of Transportation; Contract with Ruffridge-Johnson Equipment Company, Inc, to purchase one Midland self propelled road widener for the fleet maintenance division; Amend contract with Waste Management to extend the contract term to December 31, 2009 for trash hauling services; Permit for Southeast Area YMCA to operate a Day Camp at Lake Elmo Park Reserve, Group Camp Site #2; Agreement with CenterPoint Energy to provide natural gas installation and services to the new Environmental Center located in Woodbury and a development cash incentive to be paid to the county; Supplemental Agreements #2 and #3 to the CSAH 18 road construction project contract with Forest Lake Contracting; Memorandum of Understanding for Corridor Access Management Plan with the City of Woodbury; Board workshop held to discuss the request to amend the boundary of the Big Marine Park Reserve, Sheriff's Office Sheriff Hutton announced that the new 911 Call Center opened this morning at 4:00 a,m, A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N" Stillwater, Minnesota, Summary of Proceedings Washington County Board of Commissioners April 14, 2009 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5, Absent none, Board Chair Peterson presided, Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Kriesel- Mentioned that two long-time West Lakeland Township community activists passed away recently: Raymond Swanson, who served on the Planning Commission for 15 years and on the Fair Board, and Willie Talberg; and, he noted that if the City of Forest Lake chooses to not join the transit taxing district he will push strongly that the bus service be discontinued as soon as possible and he asked staff for options as to when the bus service could be canceled; Commissioner Weik - Mentioned that she had a discussion with Brent Reibel regarding the Big Marine Park Reserve Official Map issue, she advised him that there was an extensive investigation over 21 years ago, and because of its unique features, if their land was taken out it would be difficult to replace that park land with comparable land, which Met Council would require the county to do; Commissioner Pulkrabek - Asked that the May 5 meeting be postponed for a half hour for those who will attend Woodbury's Prayer Breakfast from 7:00 to 9:00; Commissioner Peterson - Announced that Kristen Tuenge, Community Corrections Deputy Director, will retire on April 30 after 35 years of service to the county; and she has asked Diane Davies to attend the St. Croix River Basin workshop for her. General Administration Approval of the following actions: Legislative update presented; Board correspondence was received and placed on file; Board workshop held to review the draft Historical Resources and Park and Open Space Chapters of the 2030 Comprehensive Plan. Human Resources Approval of Post Employment Health Care Savings Plan for the Supervisor's Association. Property Records and Taxpayer Services Board workshop held to consider county participation in the aggregate resource preservation property tax law program, Public Health and Environment Presentation of the 2008 Groundwater Work Plan and overview of the 2009 Work Plan. Public Works Approval of the following actions: Resolution No, 2009-029, bid award for audio/video technology on the 2025 Government Center Campus Improvement Project to Appollo Systems; Resolution No, 2009-030, bid award for signage on the 2025 Government Center Campus Improvement Project to Signation Sign group; Resolution No, 2003-031, bid award for window shades on the 202.5 Government Center Campus Improvement Project to OffiSource, Inc. Resolution No, 2009-032, requesting the Metropolitan Council continue to manage a competitively procured contract for regional Dial-a-Ride services for Washington County; To not initiate proceedings to amend the Official Map of the Big Marine Park Reserve, Sheriff's Office Approval ofthe following actions: Photos of newly opened 911 call center displayed; Resolution No. 2009-028, recognizing the Public Safety Operators and Dispatchers in Washington County in honor of National Public Safety Telecommunications Week; Minnesota Association of Public Safety Communications Officials awarded the County Communications Center with the Making a Difference A ward for their outstanding work during the May 25, 2008 Hugo tornado; Application for funding of seven licensed positions in the Sheriffs Office through the COPS Hiring Recovery Program; Commissioner Weik noted an article in the Pioneer Press thanking Patrol Office Kyle Olson for the help he gave a citizen after the death of her brother. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N" Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners April 21, 2009 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Lisa Weik, District 5, Commissioner Myra Peterson, District 4, absent. Board Vice Chair Pulkrabek presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Kriesel - the Metro Emergency Services Board is considering combining the Finance Committee and the Executive Committee; he attended a workshop with Minnesota legislators, Minnesota Department of Transportation, Wisconsin legislators, and Wisconsin Department of Transportation regarding how to restrict truck traffic on the Stillwater Bridge; and Representative Dettmer indicated he would look at getting 4-H funded through the education components; Commissioner Weik - attended the Public Health Emergency Preparedness Advisory Committee which discussed target capabilities gap analysis for emergency preparedness, a four year workforce training and exercise plan; she toured the Idea Farm in Afton which displays energy saving techniques; and she will attend a workshop at the Science Museum to discuss the St. Croix River Basin, watershed science; Commissioner Hegberg - attended the Counties Transit Improvement Board which discussed the financial model; he attended the Community Action Program for Ramsey and Washington Counties where he asked their executive director to contact county staff about site base programs such as 4- H; the metro Area Agency on Aging met and discussed Dial-a-Ride and other transportation issues, Community Corrections Approval of the following actions: Update to the Community Corrections Comprehensive Plan; Apply for Federal Byrne Grant funds to address domestic violence through the Federal Office of Justice Programs, Bureau of Justice Assistance, Community Services Approval of contract with Medica Health Plans to provide care coordination services for Medica clients enrolled in the State's Minnesota Senior Care Plus Program, General Administration Approval of the following actions: 2009 Community Involvement Awards Presented: Outstanding Group Volunteer- The United Way of Washington County - East, 2008 Board of Directors; Outstanding Youth Volunteer - Alexandra Richardson, Woodbury; Outstanding Volunteer - Marie Bristol, Cottage Grove; and Lifetime Volunteer - Jeannine Hoffbeck, Stillwater; Resolution No, 2009-034, appreciation Community Thread National Volunteer Week, April 19 through 25, 2009; Resolution No. 2009-035, appreciation to county volunteers during National Volunteer Week; Resolution No, 2009-036, Farm Family ofthe Year, Maurice and Pat Grogan, and Stephen and Mary Ann Grogan, Managers of the Kelly Farms in May Township; Resolution No, 2009-037, support for the Yellow Ribbon Network of Washington County; Legislative update; Board correspondence was received and placed on file; Workshop held to review and comment on the Draft Facilities and Transportation Chapters ofthe 2030 Comprehensive Plan, Housine: and Redevelopment Authoritv Approval to appoint Marisa Novak, Woodbury, to the Housing and Redevelopment Authority Board of Commissioners to a first term expiring December 31, 2011. Public Health and Environment Approval of the following actions: Appoint Mary Beth Johnson, Woodbury, to the Public Health Emergency Preparedness Advisory Committee; Renew two year agreements with the Cities of Afton and Lake St. Croix Beach to provide individual sewage treatment system inspection services, Public Works Adoption of Resolution No. 2009-033, Minnesota Snowmobile Trails Assistance Program Star Trail Assistance, Ree:ional Railroad Authoritv Approval of the following actions: RRA meeting minutes from March 10, 2009; Letter of support for appropriation for the 1-94 alternative analysis Workshop held to discuss the Counties Transit Improvement Board financial model. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota,